minutes ordinary meeting of council - shire of towong · 2018-09-07 · vacant during the whole or...

Minutes

Ordinary Meeting of Council Tallangatta Council Office

Tuesday 4 September 2018

This information is available in alternative formats on request

TOWONG SHIRE COUNCIL

ORDINARY MEETING 4 SEPTEMBER 2018

2

P:\Council Minutes\2018\09 September\4 September 2018 - Tallangatta.doc

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD AT TOWONG SHIRE

COUNCIL, TALLANGATTA OFFICE ON 4 SEPTEMBER 2018 COMMENCING AT

10.30 AM.

Commonly used acronyms

ABBREVIATION TITLE

Council Officers

CAE Civil Asset Engineer

CEO Chief Executive Officer

DCCS Director Community and Corporate Services

DTS Director Technical Services

EA Executive Assistant

MCorp Manager Corporate Services

MCS Manager Community Services

MED Manager Economic Development

MES Manager Executive Services

MF Manager Finance

Government/Organisation

ACSUM Alliance of Councils and Shires of the Upper Murray

CHS Corryong Health Service (formerly Upper Murray Health

and Community Services)

DEDJTR Department of Economic Development, Jobs, Transport

and Resources

DELWP Department of Environment, Land, Water and Planning

GMW Goulburn Murray Water

HRGLN Hume Region Local Government Network

MAV Municipal Association of Victoria

NECMA North East Catchment Management Authority

NEW North East Water

NEWRRG North East Waste and Resource Recovery Group

RCV Rural Councils Victoria

RDA Regional Development Australia

RDV Regional Development Victoria

THS Tallangatta Health Service



3


TABLE OF CONTENTS

1 Opening Prayer ............................................................................................................................... 4

2 Councillor and Officer presence at the meeting................................................................. 4

3 Apologies and granting of leave of absence ....................................................................... 4

4 Declaration of pecuniary interest and/or conflict .............................................................. 4

5 Confirmation of minutes ............................................................................................................. 5

6 Petitions, joint letters and declarations .................................................................................. 6

7 Assembly of Councillors .............................................................................................................. 6

8 Open Forum ..................................................................................................................................... 6

9 Organisational improvement ..................................................................................................... 7

9.1 Finance Report as at 31 July 2018 (06/02/0021-DCCS) ............................................ 7

9.2 Corporate Services Report (06/01/0011-DCCS) ........................................................ 21

9.3 Occupational Health and Safety Report (06/04/0212-DCCS) .............................. 21

9.4 Council Plan Priorities (07/05/0036-DCCS) ................................................................. 21

9.5 Action Sheet Report (06/05/0010-CEO) ....................................................................... 21

9.6 Performance Reporting Graphs (DCCS) ....................................................................... 22

10 Community wellbeing ................................................................................................................ 22

10.1 Community Services Report (04/07/0055-DCCS) ................................................. 22

11 Asset management ...................................................................................................................... 22

11.1 Asset Management report (01/07/0004-DTS) ....................................................... 22

12 Land-use planning ....................................................................................................................... 23

12.1 Amendment VC148 to the Towong Planning Scheme (03/02/0045-MP) ... 23

12.2 Planning Application 2018/023 – Omeo Highway Mitta Mitta –storage

shed (238600-MP) ............................................................................................................................ 28

12.3 Planning Application 2018/028 – Shelley Road Walwa – Service Industry

and Car Sales (196250-MP) ........................................................................................................... 41

13 Environmental sustainability .................................................................................................... 57

13.1 Environmental Sustainability report (01/07/0004-DTS) ..................................... 57

13.2 Forestry Report (03/05/0000-DTS) ............................................................................. 57

14 Economic and tourism development .................................................................................... 60

14.1 Economic Development Report (05/01/0001-CEO)............................................. 60

15 Councillor Reports ....................................................................................................................... 60

16 Urgent business ............................................................................................................................ 60

17 Committee minutes ..................................................................................................................... 61

17.1 Man from Snowy River Tourist Association (AMED) ........................................... 61

17.2 Municipal Emergency Management Planning Committee (Cr Scales) ......... 61

18 Occupational Health and Safety ............................................................................................. 62

18.1 OHS Committee (06/04/0212-DCCS) ........................................................................ 62

19 Council policies (10/01/0007-CEO) ....................................................................................... 62

20 Sealing of documents ................................................................................................................. 63

21 Confidential .................................................................................................................................... 64

21.1 Tender Assessment - Annual Resealing Program (01/01/0445-DTS) ............ 65



4


The Mayor opened the meeting at 10.32am.

1 Opening Prayer

“Almighty God, we ask that you be present at this meeting to assist us in our service

to the Community through Local Government.

We pray that our decisions will be wise and taken with goodwill and clear conscience.

Amen.”

2 Councillor and Officer presence at the meeting

Present: Crs Scales, Wortmann, Star, Tolsher and Whitehead

In Attendance: Title:

Ms J Phelps Chief Executive Officer

Ms J Shannon Director Community and Corporate Services

Mr J Heritage Director Technical Services

Mr S Taylor Manager Planning

Ms G Curtis Manager Executive Services

3 Apologies and granting of leave of absence

Nil.

4 Declaration of pecuniary interest and/or conflict

For the purpose of this section, Councillors must disclose the nature of the conflict of

interest in accordance with s79 (2) of the Local Government Act.

Nil.



5


5 Confirmation of minutes

Ordinary Meeting of 7 August 2018.

CR TOLSHER

CR WHITEHEAD

THAT THE MINUTES OF THE ORDINARY MEETING HELD ON 7 AUGUST 2018 AS

CIRCULATED BE CONFIRMED.

CARRIED



6


6 Petitions, joint letters and declarations

Nil.

7 Assembly of Councillors

A written record of the Assemblies of Councillors 18 July to 21 August 2018 is

included at Appendix 1.

CR WHITEHEAD

CR STAR

THAT THE INFORMATION BE NOTED.

CARRIED

8 Open Forum

NAME TOPIC

Mrs Beverley Stewart Mrs Stewart sought updates on the following:

Tallangatta Heritage Display

Old Tallangatta signage

Tallangatta public facilities

CR STAR

CR WORTMANN

THAT COUNCIL BRING FORWARD ITEM 12.1 – AMENDMENT VC148, ITEM 12.2

- PLANNING APPLICATION 2018/023 AND ITEM 12.3 - PLANNING

APPLICATION 2018/028 FOR CONSIDERATION.

CARRIED



7


9 Organisational improvement

9.1 Finance Report as at 31 July 2018 (06/02/0021-DCCS)

Disclosure of Interests (S.80C):

This report was prepared by Mr Blair Phillips, Manager Finance.

At the time of preparation of the report the officer did not have a direct or indirect

interest in any matter to which the report or advice relates.

OPERATING RESULT

Jul-18 Jul-18 YTD YTD YTD YTD 2018/19

Full Year

2018/19

Full Year

(Actual) (Budget) (Actual) (Budget) (Variance) (Variance) (Budget) (Achieved)

$’000 $’000 $’000 $’000 $’000 % $'000 %

Income 1 449 373 449 373 76 20% 17,106 3%

Expenditure 2 874 854 874 854 (20) -2% 15,145 6%

Surplus/ (Deficit) (425) (481) (425) (481) 56 (12%) 1,961 (22%)

Note

Table 1: Operating Result

Note 1:

Council’s YTD income at 31 July 2018 is $449,000 against a budget of $373,000. The

major items contributing to the $76,000 favourable variance includes library grant

income of $53,000 received earlier than anticipated and grant income of $45,000 for

the Think-Start-Grow entrepreneurship project that was unbudgeted.

-

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

14,000,000

16,000,000

18,000,000

-

2,000

4,000

6,000

8,000

10,000

12,000

Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19

$'0

00

Income

Mth Income - Budget Mth Income - Actual YTD Income - Budget YTD Income - Actual

Mth YTD $

Note 2:

Council’s YTD expenditure at 31 July 2018 is $874,000 against a budget of $854,000.

There are no major variances to budget for this reporting period.



8


Council is currently operating with 67.8 Full Time Equivalent (FTE) staff YTD to 31 July

2018 against an annual budget of 77.5 FTE. The annual budget is spread evenly by

fortnights through the financial year. There were a number of positions that were

vacant during the whole or part of July (e.g. Manager Executive Services, Visitor

Information Centre Officer, Civil Asset Engineer, Design Project Officer and Trainee

Parks and Gardens Operator). In addition, some services are being delivered with less

resources at the present time (e.g. Maternal and Child Health, Access and Inclusion)

and the outdoor workforce will increase resourcing in summer to deliver the capital

works program.

-

3,000,000

6,000,000

9,000,000

12,000,000

15,000,000

-

1,000

2,000

3,000

4,000

5,000

6,000

7,000


$'0

00

Expenditure

Mth Expenditure - Budget Mth Expenditure - Actual YTD Expenditure - Budget YTD Expenditure - Actual

MthYTD

$

(8,000)

(6,000)

(4,000)

(2,000)

-

2,000

4,000

6,000

8,000

10,000


$'0

00

Operating Surplus

Mth Surplus - Budget Mth Surplus - Actual YTD Surplus - Budget YTD Surplus - Actual



9


Grant Income

Note Jul-18 YTD YTD YTD YTD 2018/19

Full Year

2018/19

Full Year

(Actual) (Actual) (Budget) (Variance) (Variance) (Budget) (Achieved)

$’000 $’000 $’000 $’000 % $’000 %

Recurrent 1 125 125 84 41 49% 5,128 2%

Non-Recurrent 2 342 342 266 76 29% 1,129 30%

Total 467 467 350 117 33% 6,257 7% Table 2: Grant Income

Note 1:

Council’s recurrent grant income YTD 31 July 2018 is $125,000 against a budget of

$84,000. The major item contributing to the $41,000 favourable variance is receiving

$53,000 of grant income for libraries earlier than anticipated.

Note 2:

Council’s non-recurrent grant income YTD 31 July 2018 is $342,000 against a budget

of $266,000. The major item contributing to the $76,000 favourable variance is

receiving $45,000 for the Think-Start-Grow entrepreneurship project which was

unbudgeted in 2018/19.



10


Grants received Year-to-Date (YTD) are listed in the following table:

$’000

Recurrent Grants

Library 54

Municipal Emergency Resourcing Program 30

Maternal and Child Health 14

Corryong Pre School 11

Tallangatta Pre School 9

Community Access 4

Pre-School Cluster 2

Health Admin 1

Total Recurrent Grants 125

Non-Recurrent Grants

Destination Tallangatta - NSRF 266

Think-Start-Grow 45

Neighbourhood House - Tallangatta 16

Freeza Funding 6

Corryong Swimming Pool Upgrade Grant 5

Supported Playgroup program 4

Total Non-Recurrent Grants 342

Total Grants Received 467 Table 3: Grant Income received

Unexpended Grants and Restricted Funds

Where Council has received grants that are required to be expended in a specified

manner, but the funds have not yet been expended, the grant is recognised as an

unexpended grant or restricted funds. This identifies cash holdings that are required

to be spent on a specified purpose and are not available for other Council priorities.



11


The following table provides a listing of current unexpended grants:

$'000

Unexpended Grants

Roads to Recovery (R2R) 494

Improved Connections Hanson Street project 150

Community Access 135

Tintaldra Boat Ramp 90

Strategic Planning - Tallangatta 70

Neighbourhood House - Tallangatta 57

Walwa Streetscape 48

Granya Streetscape 46

Think-Start-Grow 45

Flood Recovery Officer 40

Local Gov Business Collaboration 32

Supported Parent and Playgroup 31

Freeza Funding 29

Country Roads and Bridges 28

Municipal Emergency Resourcing Program 27

L2P Program 24

Dartmouth RV Dump Point 18

Bushfire Management Overlay 13

Kinder Enrolment 12

Children Services Review 10

Improving Liveability of Older People 10

Skate Park Connections - Tallangatta 10

Council Building Energy Grant 7

Weed Project 6

Beat the Heat - Tree Project 4

Maternal and Child Health Enhancement 4

Foundation for Rural and Regional Renewal Grant 4

Drug Prevention Services - Ice 2

Total Unexpended Grants 1,446 Table 4: Unexpended Grants



12


CASH POSITION

Cash on Hand

The cash position moved during the month as detailed below: Current Month Prior Month

Jul-18 Jun-18

$ $ $ %

Restricted and unrestricted funds

Unexpended Grants 1,446,231 1,491,526 (45,295) (3.0%)

Other Provisions and Reserves 985,366 496,999 488,367 98.3%

Restricted Funds 2,431,597 1,988,525 443,072 22.3%

Provision for Employee Entitlements 1,322,663 1,322,663 - 0.0%

Committed Funds 9,975,987 9,863,024 112,963 1.1%

Other Unrestricted Funds 3,940,073 4,526,556 (586,483) (13.0%)

Total Unrestricted Funds 15,238,723 15,712,243 (473,520) (3.0%)

Total restricted and unrestricted funds 17,670,320 17,700,768 (30,448) (0.2%)

Cash holdings

Section 86 Committee Funds 196,445 196,445 - 0.0%

Investments/term deposits 17,360,555 17,377,061 (16,506) (0.1%)

Cash At Bank and On Hand 113,319 127,262 (13,943) (11.0%)

Total Cash holdings 17,670,320 17,700,768 (30,448) (0.2%)

Average Interest Rate 2.46% 2.49%

Variance

$0

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

Restricted Funds Unrestricted Funds Prior Year - 2018 Cash Budget 2018/19

Investments

The significant increase in ‘Other Provisions and Reserves’ above is due to the additional

provision recognized at year end for the new landfill cell at the Corryong landfill.



13


Investments

Investments were made up of the following at the month end:

Date Product Institution Principal Yield Term Rating Maturity

9/11/2017 Term Deposit Bank of Queensland 1,000,000 2.60% 273 Days A2 9/08/2018


20/11/2017 Term Deposit ME Bank 1,000,000 2.57% 273 Days A2 20/08/2018


18/04/2018 Term Deposit Bendigo & Adelaide Bank 1,000,000 2.60% 180 Days A2 15/10/2018

13/04/2018 Term Deposit Westpac 1,000,000 2.64% 185 Days A1+ 15/10/2018



13/06/2018 Term Deposit AMP 1,000,000 2.75% 182 Days A1 12/12/2018




9/02/2018 Term Deposit WAW 887,729 2.60% 368 Days 11/02/2019

9/07/2018 Term Deposit Bendigo & Adelaide Bank 1,000,000 2.75% 274 Days A2 9/04/2019


N/A Cash Management Westpac 2,472,826 1.55% On Call A1 N/A

N/A S86 Committees Various 196,445 1.60% N/A N/A

17,557,001Total Investments Table 5: Investments at month end



14


RECEIVABLES

Rates, Municipal Charge, Waste Management Charge and Waste Collection

Charge

The breakdown of rates received for the current month and year-to-date as well as

the rates debtors balance outstanding and a comparison to last financial year is

reported in the table below.

There are some ratepayers that make regular rate payments through the financial

year. When these ratepayers make payments in July and August, prior to rates being

levied on a property, the property account will recognise the prepayment as a credit

on the account. At 31 July 2018, there was $32,741 that had been paid in advance

(resulting in the negative total in the table below).

Rates, charges and FSPL Debtors

Amount Received % Collected Received Collected Balance

Jul-18 Jul-18 YTD YTD Outstanding

$ $ % $ $ $

Levied 2018/19 570 33,311 5843.1% 33,311 5843.1% (32,741)

Arrears prior to 2018/19 691,508 117,311 17.0% 117,311 17.0% 574,196

Total Charges 150,623 150,623 541,455

$0

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

Debtor Balance (Current)

Debtor Balance (Arrears)

2018 Notes

1) Rates and charges for 2018/19 are scheduled to be levied in August 2018. Quarterly instalments are

due at the end of September, November, February and May.



15


Debt Collection

The graph below compares the arrears balances as at the end of each month for the

current financial year (2018/19) and the arrears balances at the equivalent time in the

previous financial year (2017/18). The number of debtors with a balance greater than

$200 relates to the 2018/19 financial year.

Please note the graph below does not include any unpaid instalments from 2018/19.

E.g. if a ratepayer has not paid Instalment 1 in 2018/19, it is not reflected in the

below figures.

$-

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

$700,000

$800,000

Jun

-18

Jul-

18

Au

g-1

8

Sep

-18

Oct

-18

No

v-1

8

De

c-18

Jan

-19

Feb

-19

Ma

r-19

Ap

r-1

9

Ma

y-1

9

Jun

-19

Arrears $ Rates Debtors - Prior years arrears

Prior years arrears 2018/19 Prior years arrears 2017/18

0

50

100

150

200

250

300

350

Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Number of debtors with prior years arrears

Number of Debtors with prior years arrears balance greater than $200 - 2018/19

Number of Debtors with prior years arrears balance greater than $200 - 2017/18



16


At 31 July 2018 there were 332 rates debtors with an outstanding balance of greater

than $200. This is an increase of 229 debtors since 30 June 2018. This increase is due

to rates debtors with a balance remaining from the 2017/18 financial year now being

included in this report as arrears.

Sundry Debtors

The Sundry Debtors outstanding at month end and the movement from the prior

month is shown below:

Sundry Debtors Future Due Date Current 30 Days 60 Days 90+ Days Total

$ $ $ $ $ $

July 2018 30,006 18,867 13,166 127 15,899 78,064

June 2018 32,456 576,005 4,705 806 14,762 628,734

Movement (2,451) (557,138) 8,461 (679) 1,136 (550,670)

$0

$10,000

$20,000

$30,000

$40,000

$50,000

$60,000

$70,000

Future Due Date 30+ Days 60+ Days 90+ Days

$0

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

$700,000

Future Due Date Current 30+ Days 60+ Days 90+ Days



17


Significant debtors (>$1,000) with ageing of greater than 90 days are as follows:

Debtor Amount Description RO Notes

Debtor

10261 $1,355

Building and

contents

insurance

BP

Contact has been made with a

current committee member. We

are awaiting a response to confirm

when payment will be made.

Debtor

18925 $3,250

Community

contribution BP

A meeting was scheduled for July

and November 2017 however the

debtor’s representative was unable

to attend due to ill health. Further

efforts have been made to secure a

meeting between Councillors and

the debtor’s representative,

however to date these efforts have

been unsuccessful.

Debtor

19755 $1,548

50% Cost

Recovery for

weed control

BP

This debt is unlikely to be collected

due to outstanding queries that

were not addressed at the time the

debt was incurred. Report to be

provided to Council at the October

meeting.

Debtor

20210 $1,100 Fees BP

This debt is unlikely to be

collected. Debtor has progressed

through all avenues of debt

collection with the next step

incurring significant legal charges

that are highly unlikely to be

recoverable from the debtor.

Report to be provided to Council at

the October meeting. Table 6: Significant debtors > 90 days



18


LOCAL ROADS AND BRIDGES

Local Roads and Bridges - Capital Works

The table below reports capital expenditure incurred on local roads and bridges for

the current financial year.

YTD Actual Annual Budget

$ $

Road Construction - - - -

Pavement Reconstruction - - - 50,000

Sealing - - - -

Resealing 4,091 5,000 909 1,054,982

Drainage Construction - - - 297,921

Digouts/major patching - - - 750,000

Resheeting - - - 179,910

Footpaths 1,375 5,000 3,625 180,000

Kerb and Channel 3,196 5,000 1,804 545,000

Guardrails - - - -

Bridge Construction - - - 110,000

Total 8,662 15,000 6,338 3,167,813

Local Roads and Bridges Infrastructure - Capital Note Variance

$

YTD Budget

Table 7: Local Roads & Bridges – Capital Works (YTD)

There were no significant variances at 31 July 2018.

Local Roads and Bridges - Maintenance

The table below reports expenditure incurred on the maintenance of local roads and

bridges for the current financial year.

YTD Actual YTD Budget Annual Budget

$ $ $

Road maintenance (including bridges) 66,590 65,000 (1,590) 1,270,448

Total 66,590 65,000 (1,590) 1,270,448

Local Roads and Bridges Infrastructure - Maintenance Note Variance

$

Table 8: Local Roads & Bridges - Maintenance (YTD)

There were no significant variances at 31 July 2018.

Flood repairs and maintenance

The table below reports expenditure incurred on repairing flood damaged

infrastructure in 2018/19.

YTD Actual YTD Budget Annual Budget

$ $ $

Storm/Flood Damage 5,017 - (5,017) -

Total 5,017 - (5,017) -

Note Variance

$

Table 9: Local Roads & Bridges – Flood damage works (YTD)



19


The majority of flood damage works are expected to be reimbursed through the

State Government’s Natural Disaster Financial Assistance (NDFA) program.

A summary of the claims made and progress of reimbursements are provided in the

following table.

PrecinctTotal claimed

$

Claim

Submitted

NDFA

accepted

VicRoads

assessing

VicRoads

ApprovedMoney Received

Project Mgr 14,189.99$ 30/11/2007 yes in progress partial

Peninsula 57,468.69$ 15/12/2017 yes in progress partial

Bullioh 6,461.66$ 30/11/2017 yes in progress partial

Cudgewa 11,717.55$ 30/11/2017 yes in progress partial

Bunroy 15,707.28$ 30/11/2017 yes in progress partial

Mount Alfred 284.58$ 30/11/2017 yes in progress partial

Georges Creek 20,197.34$ 30/11/2017 yes in progress partial

Mitta Valley 135,055.85$ 30/11/2017 yes in progress partial

Tallangatta Valley 38,841.33$ 30/11/2017 yes in progress partial

Granya 2,038.88$ 30/11/2017 yes in progress partial

Bethanga 36,080.16$ 30/11/2017 yes in progress partial

Fairyknowe 7,833.31$ 30/11/2017 yes in progress partial

Corryong 5,788.43$ 30/11/2017 yes in progress partial

Talgarno 23,440.24$ 28/11/2017 yes in progress partial

Thowgla -$ n/a n/a n/a n/a

Yabba 58,496.43$ 28/11/2017 yes in progress partial

Project Mgr 16,492.50$ 31/07/2018 yes in progress

Peninsula 43,254.70$ 31/07/2018 yes in progress

Bullioh 8,420.16$ 31/07/2018 yes in progress

Cudgewa -$

Bunroy 16,307.40$ 31/07/2018 yes in progress

Mount Alfred 94,847.50$ 31/07/2018 yes in progress

Georges Creek -$

Mitta Valley 187,063.28$ 31/07/2018 yes in progress

Tallangatta Valley 198,775.76$ 31/07/2018 yes in progress

Granya 51,675.52$ 31/07/2018 yes in progress

Bethanga -$

Fairyknowe -$

Corryong -$

Talgarno -$

Thowgla 8,995.00$ 31/07/2018 yes in progress

Yabba 147,295.65$ 31/07/2018 yes in progress

Total 1,206,729.19$ -$

Council officers continue to work with representatives from VicRoads (who are

assessing the claims) to finalise payment.



20


OTHER FINANCIAL MATTERS

Defined benefit superannuation

Council has obligations under a defined benefit superannuation scheme that may

result in the need to make additional contributions to the scheme to ensure that the

liabilities of the fund are covered by the assets of the fund. There are nine current

employees covered by this superannuation fund. In addition there is a liability for

former employees.

In summary, the Vested Benefits Index (VBI) is the measure required to be used to

determine whether there is an unfunded liability.

A VBI must generally be kept above a fund’s nominated shortfall threshold. The

estimated VBI released by Vision Super for June 2018 is 106.0%. The graph below

shows Vision Super’s VBI performance against the fund’s nominated VBI threshold.

90.0%

92.0%

94.0%

96.0%

98.0%

100.0%

102.0%

104.0%

106.0%

108.0%

110.0%

Defined Benefit Superannuation - Vested Benefit Index (VBI)

VBI threshold

VBI actual

If the actual VBI falls below the above VBI thresholds, a funding call will be initiated

which will mean Council will have to provide additional funding to the Defined

Benefit fund to ensure that the liabilities of the fund can be met.

The Fund Actuary has not finalised the 2018 annual review and, while this VBI

number is unlikely to change, it is subject to the finalisation of the Fund Actuary’s

2018 report. At this stage, Vision Super anticipates that the investigation will be

completed in October 2018.



21


CR TOLSHER

CR STAR

THAT THE FINANCE REPORT BE NOTED.

CARRIED

9.2 Corporate Services Report (06/01/0011-DCCS)

The Corporate Services report is presented every second month. The next report is

due in October 2018.

The bi-monthly Council Plan Priorities report is not included in this agenda.

9.3 Occupational Health and Safety Report (06/04/0212-DCCS)

The Occupational Health and Safety report is presented every second month. The

next report is due in October 2018.


9.4 Council Plan Priorities (07/05/0036-DCCS)

At the time of writing the Council Plan Priorities were unavailable. The Council Plan

priorities will be presented at next month’s meeting.

9.5 Action Sheet Report (06/05/0010-CEO)

A report showing the progress on actions from the 7 August 2018 Council Meeting is

attached at Appendix 2.

CR WHITEHEAD

CR WORTMANN


CARRIED



22


9.6 Performance Reporting Graphs (DCCS)

The Performance Reporting Graphs are attached at Appendix 3 for information.

CR WORTMANN

CR TOLSHER


CARRIED

10 Community wellbeing

10.1 Community Services Report (04/07/0055-DCCS)

The Community Services report is presented every second month. The next report is



11 Asset management

11.1 Asset Management report (01/07/0004-DTS)

The Asset Management report is presented every second month. The next report is





23


Item 12.1 – Amendment VC148, Item 12.2 - Planning Application 2018/023 and

Item 12.3 – Planning Application 2018/028 were brought forward and

considered after Item 8 – Open Forum.

12 Land-use planning

12.1 Amendment VC148 to the Towong Planning Scheme

(03/02/0045-MP)


This report was prepared by Mr Scott Taylor, Manager Planning.



Background/History:

The Minister for Planning has approved amendment VC148 to the Towong Planning

Scheme. The Amendment, which also applies to all planning schemes in Victoria,

introduces major changes to the structure and content of planning schemes. It came

into force on 31 July 2018 and is a transitional amendment which will be followed up

by significant rewrites of planning schemes to reflect the ultimately intended

structure and operation of schemes as envisaged in the “Smart Planning Program”.

Smart Planning is a reform program to make Victoria’s planning system more

efficient and accessible.

Smart Planning has been in operation for several years and is responsible for such

innovations as the VicSmart (fast track) planning processes that have been

introduced into the planning schemes. A major aim of the program is the full

digitization of the entire planning system.

Council officers attended a briefing session at Benalla in relation to the amendment

and further actions to be taken in support of the Smart Planning Program.

In broad terms the amendment restructures the Victoria Planning Provisions by

Reducing the number of clauses.

Changing the structure and operation of Overlays in a manner that allows for

the inclusion of more local requirements in the overlays themselves.

Attempting to ensure that the users of the scheme are able to easily

determine all relevant provisions to be taken into account in assessing

proposals.



24


Proposing to replace the Municipal Strategic Statement (MSS) with a

Municipal Planning Strategy (MPS) containing statements of context, vision

and directions.

Expanding the Heritage Overlay to allow it to contain “Statements of

Significance” in relation to the heritage places as well as Conservation

Management Plans.

Expanding gaming provisions to allow for more local content.

Moving all reference documents referred to in planning schemes will be able

to be found in one place as opposed to the multiple places as is currently the

case.

Specifically, amendment VC148 changes the Victoria Planning Provisions (VPP) and

all Planning Schemes in Victoria by:

Deleting the State Planning Policy Framework (SPPF) and replacing it with a

new integrated Planning Policy Framework (PPF) in Clauses 10 to 19.

Deleting Clauses 1.0 (Preliminary) 2.0 (User Guide).

Moving the planning scheme purposes from Clause 1.0 to new Clause 01

(Purposes of this planning scheme) and inserting new Clause 00 (Purpose and

Vision).

Moving the operational provisions for the Local Planning Policy Framework

(LPPF) to new Clauses 23.02 and 23.03 and inserting a new Clause 23.01 to

explain the relationship between the LPPF and the PPF.

Amending provisions (including schedules) to update references to the new

Municipal Planning Strategy and PPF and as a result of the restructure and

reorganising of provisions.

Amending Clauses 37.03 (Urban Floodway Zone); 42.01 (Environmental

Significance Overlay); 42.02 (Vegetation Protection Overlay); 42.03 (Significant

Landscape Overlay); 43.01 (Heritage Overlay); 43.02 (Design and Development

Overlay); 43.04 (Development Plan Overlay); 44.01 (Erosion Management

Overlay); 44.02 (Salinity Management Overlay); 44.03 (Floodway Overlay);

44.04 (Land Subject to Inundation Overlay); 44.05 (Special Building Overlay

and 52.28 (Gaming) to enable schedules to specify additional matters.

Amending Clause 43.01 (Heritage Overlay) to require the schedule to the

overlay to specify a statement of significance for each heritage place included

in the schedule and the ability to incorporate heritage design guidelines for a

heritage place.

Amending Clause 43.04 (Development Plan Overlay) to clarify when an

application is exempt from the notice and review requirements.

Introducing the Specific Controls Overlay (Clause 45.12).

Organising particular provisions into three new categories at Clauses 51, 52

and 53.



25


Inserting a new section, ‘Operational provisions’ (Clauses 70 to 74) that

consolidates operational, administrative and other provisions.

Making various changes to advertising signs provisions at Clauses 32.04

(Mixed Use Zone), 52.05 (Signs), 62.02, 62.01 and at newly numbered Clauses

73.02 (Sign terms), 73.03 (Land use terms) and 73.04 (Nesting diagrams).

Amending Clause 52.29 (Land Adjacent to a Road Zone 1, Category 1, or a

Public Acquisition Overlay for a Category 1 Road) to exempt an application

from notice and review requirements and to clarify permit exemptions.

Amending Clause 33.01 (Industrial 1 Zone) to remove the requirement to

obtain a planning permit to use land for a 'convenience shop' and 'take away

food premises'.

Amending Clause 33.03 (Industrial 3 Zone) to remove the requirement to

obtain a planning permit to use land for a 'service industry' (in certain

circumstances) and a 'take away food premises'

Deleting Clause 52.12 (Service station).

Amending Clauses 33.01 (Industrial 1 Zone) and 32.04 (Mixed Use Zone) to

ensure impacts of service stations are considered.

Deleting Clauses 52.13 (Car wash) and 52.14 (Motor vehicle, boat or caravan

sales).

Amending Clause 52.06 (Car parking) to change the planning permit

requirements and number of spaces to be provided in certain circumstances.

Introducing incorporated document Principal Public Transport Network Area

Maps (State Government of Victoria, 2018).

Deleting the VicSmart provisions in Clauses 90 to 95 and consequently:

relocating classes of State VicSmart applications to the applicable zones,

overlays and particular provisions, local VicSmart provisions to a new Clause

59 (VicSmart applications and requirements) and operational provisions to

new Clause 71.06.

Making consequential changes to the schedules of applicable particular

provisions in planning schemes, including inserting new schedules.

Impact on Council Policy:

The amendment changes the structure of planning schemes and in certain respects

changes the way they operate by making a number of amendments to existing

provisions.

In terms of the overall day-to-day operation of the Planning Scheme, it is not

considered that much has changed at this point and it is envisaged that the method

of administering the Planning Scheme will not change much.

However, the amendment sets the scene for further significant changes in the future

and Council will be required to be involved in the implementation of those changes



26


with compulsory participation in rewriting planning scheme provisions to reflect new

requirements in how planning policy is to be written.

It should be noted that as part of the Smart Planning Program DELWP is also rolling

out a new online Amendment Tracking System that will allow Council to prepare its

own amendment documents in a manner that will ensure that the templates used for

the preparation of planning scheme amendments will always be up to date and

correct. This system will be rolled out Council by Council over the next two (2) years

with Towong being due to be online by December 2018.

State Government Policy Impacts:

The proposal is a State government initiative and it has the objective of simplifying

and streamlining the operation of planning schemes in Victoria.

Budget Impact:

The follow-up amendments to integrate local provisions into the new structure will

be the subject of State government assistance, although it is yet to be determined

exactly how the rollout will occur for Towong.

If funds become available it may be possible to undertake a joint project with other

Council’s in the region. This project may replace work that Council was already

intending to undertake as part of its strategic work program.

It is likely that the scope of the amendments will be for a “policy neutral” outcome.

Amendments of this type are not be subject to exhibition process, which can add

considerably to the time, effort and cost involved in the amendments.

DELWP officers have indicated that where it is difficult to achieve a “policy neutral”

outcome there may be limited or full exhibition processes involved. This could have

implications for Council’s budget.

Risk Assessment:

The amendment may involve unforeseen outcomes for the processing of planning

applications, however this is expected to be unlikely. There are potentially unforeseen

workload and budget implications for the follow-up amendments.

Community Consultation/Responses:

The amendment was approved by the Minister without exhibition on the basis that it

is in the overriding interest of the State of Victoria to do so.



27


Discussion/Officers View:

The changes to the structure of the planning scheme should in the long-run make

planning schemes easier to interpret and administer and the process of the follow up

amendments should result in the removal of anomalies and potentially conflicting

policy provisions.

The changes create an opportunity to fine tune Council’s planning policies and

perhaps bring them into line with neighbouring municipalities, thereby establishing a

more consistent planning framework for the region.

The biggest issue at the moment is how the follow up amendments are to be

conducted. This is an area of uncertainty that needs to be resolved to allow Council

to adjust its strategic work program.

Council officers will attend workshops proposed to be held in by DELWP in

September where the method of rolling out the follow-up amendments will be

announced. A further report will be provided to Councillors after the workshops.

CR TOLSHER

CR STAR


CARRIED



28


12.2 Planning Application 2018/023 – Omeo Highway Mitta Mitta –

storage shed (238600-MP)

Application Details

Applicant Mr Clint Ilsley

Proposal Storage shed

Application Lodged 7/03/2018

Notice and Submissions

Notice to surrounding properties: Yes

Notice on site: No

Notice in newspaper: No

Objections: No

Property Details

Property Address/Land

Description Lot 1, TP673875N

Land Area 0.3ha

Existing Use Cleared site with a carport covering a caravan, a small

corrugated shed and a shed converted for habitation.

Planning Provisions

Zone Township Zone

Overlays BMO Bushfire Management Overlay

Planning Policy

Framework

Clause 13 – Environmental Risks and Amenity

Clause 13.02 - Bushfire

Clause 14.02-1S Catchment Planning and Management

Clause 22.05 – Urban & Township Development

Clause 22.06 – Sheds & Outbuildings

Clause 22.08 Effluent Disposal and Water Quality

Particular Provisions NA

General Provisions Decision Guidelines

Restrictive covenants Nil

Permit Triggers

Clause 32.05-2 (Township Zone) – A permit is required

for a storage shed (Warehouse).

Clause 32.05-9 – Buildings and works associated with a

Section 2 use.



29






Background/History:

The site was purchased by the applicant several years ago as a vacant lot containing

no buildings.

The applicant alerted Council to the fact that he had established on the land a shed

converted for human habitation whereupon he was informed that a planning permit

would be required to use the land for a dwelling.

It also became apparent during the course of discussions that the land is incapable of

meeting setback requirements from the Mitta Mitta River and there was nowhere on

the site that an effluent disposal field could be contained in accordance with EPA

requirements. The land is therefore incapable of supporting a dwelling under the

requirements of the Planning Scheme.

The current application is the result of planning compliance action and seeks to

establish the shed as a permanent structure on the land to used for a “A storage

shed that exists on the land the storage shed to be used for storing items that maintain

the land and as shelter only”.

The Subject Land and Surrounds

The subject land of approximately 0.3 ha is located on the Omeo Highway at the

eastern end of the Township Zone on the southern side of the Mitta Mitta River. To

the west are dwellings forming the southern part of the Mitta Mitta Township.

The land comprises a cleared site with a carport covering a caravan, a small

corrugated shed and a shed converted for habitation. The shed converted for

habitation is the subject of this application.

The land abuts the Mitta Mitta River and the lower section of the land is well within

the floodplain of the river. The land appears to have been subject to some filling on

the lower portion and the land has been terraced.



30


There is no record of any planning approvals for any of the structures on the site

which was completely vacant in 2016.



31


The Proposal

The application seeks permission for:

“A storage shed that exists on the land the storage shed to be used for storing items

that maintain the land and as shelter only”.

The “storage shed” referred to has been used for habitation in the past.

Zoning and Overlays

The subject land is currently included wholly within a Township Zone.

Previous Permits and History

A search of Council records has not revealed any previous planning permits in

relation to the subject land.


TOWONG 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 Planning Policies and Objectives (in italics) are relevant to this

application:

Clause 13.02 – Bushfire

To strengthen the resilience of settlements and communities to bushfire through risk-

based planning that prioritizes the protection of human life.

The proposal has not been justified in terms of the Bushfire Management Overlay

and no Bushfire Management Statement has been submitted with the application.

The proposal to use the container for “shelter” is considered inappropriate without

this justification.



32


Clause 14.02-1S Catchment Planning and Management

To assist the protection and, where possible, restoration of catchments, waterways,

water bodies, groundwater, and the marine environment.

The proposal potentially has negative implications for water quality due to the

location of the land adjacent to the Mitta Mitta River. As such it cannot meet EPA

requirements for on-site effluent disposal. There has been no Land Capability

Assessment submitted with the application because the proposal cannot comply with

the setbacks.

Clause 22.05 Urban and Township Development

To provide for a variety of lot sizes to meet the requirements of all age groups,

different lifestyles and to provide choice, quality of life.

To ensure residential subdivisions provide for a safe and well-designed urban

environment and a high standard of amenity.

Development in all town areas will be provided with reticulated water, sewerage

(where available), power, stormwater drainage and sealed roads.

Urban development will be planned in a manner that avoids any adverse

impact on water quality and environmental assets.

Development along entry routes to each township is to be designed in a manner

that provides a clear address to the street and has respect for town amenity and

established streetscapes.

New development within the urban areas of the Shire should enhance the

existing streetscape character and character of the township.

In the absence of reticulated sewerage ensure there is no off site discharge of

domestic waste water. Where necessary, to ensure that subdivision and

development is undertaken in accordance with the relevant restructure plan.

The proposal fails the objectives shown underlined above. The proposal is for a

converted shed to be located a few metres from the road frontage to be used for

“shelter”. It does not comply with either the requirements for setbacks or for effluent

disposal and will not respect the desirable streetscape character.

Clause 22.06 Sheds and Outbuildings

This policy applies to all sheds and outbuildings.



33


Policy basis

Towong Shire is characterised in certain areas by important highway routes, historic

areas, attractive townships and significant landscapes that can be impacted on by

inappropriately sited and designed sheds and outbuildings.

Objectives

To encourage the appropriate siting, materials and use of sheds and

outbuildings.

To protect the amenity and visual presentation of the Shire.

To ensure that access to farm sheds and outbuildings is appropriately located.

To ensure that landscape and environmental values are considered, protected

and enhanced.

Policy

It is policy that:

All sheds and outbuildings should be located within a defined building

envelope of appropriate dimensions that complies within any setback

that has been specified in the scheme or no closer to the road than an

appurtenant dwelling.

The external roof and walls should be finished in non-reflective material or

muted colour within the Significant Landscape Overlay.

All sheds and outbuildings are located a suitable setback from environmental

assets, constraints or hazards.

Any shed or outbuilding must be located greater than 30 metres from any

waterway designated under the Water Act and 50 metres from the Full Supply

Level of Lake

Hume and the Murray River.

That access to farm sheds and outbuildings from declared main roads should be

restricted to existing access points, after consultation with VicRoads.

Decision guidelines

In considering applications the Responsible Authority will have regard to:

The effect of the proposed building or works on the amenity of the area.

The dimensions of the shed and the effect on neighbourhood character.

The effect on the rural or natural landscape.

The effect of any development on the safety and operation of the roads.

The proposed location of the shed is only a few metres from the frontage of Omeo

Highway and is considered to be inappropriate in this respect.



34


Clause 22.08 Effluent Disposal and Water Quality

This clause has the following objectives:

To ensure water quality and human and animal health is not affected by

development.

To ensure that effluent disposal systems are suitable to the soil type and

topography of the site, and are appropriately located away from

environmentally sensitive features.

To ensure effluent is not discharged off site.

To ensure that the density of effluent disposal systems is suitable to the soil type

and topography of the site.

To ensure alternative effluent disposal systems such as package treatment plants

which treat the effluent to a higher standard than conventional septic systems

are used preferentially within the Shire.

To ensure that landscape and environmental values are considered, protected

and enhanced.

With regard to use the land for “shelter”, this clause has not been addressed because

the land is incapable of satisfying setback distances from the Mitta Mitta River.

Zoning

Township Zone

Purpose

To implement the Municipal Planning Strategy and the Planning Policy

Framework.

To provide for residential development and a range of commercial, industrial

and other uses in small towns.

To encourage development that respects the neighbourhood character of the

area.

To allow educational, recreational, religious, community and a limited range of

other nonresidential uses to serve local community needs in appropriate

locations.

32.05-12 Decision Guidelines

Before deciding on an application to use land or construct a building or construct or

carry out works, in addition to the decision guidelines in Clause 65, the responsible

authority must consider, as appropriate (appropriate issues only quoted):



35


General

The Municipal Planning Strategy and the Planning Policy Framework.

The relevant parts of the MPS and PPF have been considered above.

The protection and enhancement of the character of the town and surrounding

area including the retention of vegetation.

The proposal is not considered to enhance the character of the area or the town due

to its industrial nature (a shed).

The availability and provision of utility services, including sewerage, water,

drainage, electricity, gas and telecommunications.

There are no services connected to the site.

In the absence of reticulated sewerage, the capability of the lot to treat and

retain all wastewater in accordance with the State Environment Protection Policy

(Waters of Victoria) under the Environment Protection Act 1970.

The site is incapable of supporting an effluent disposal field due to insufficient

setbacks from the Mitta Mitta River to satisfy EPA requirements.

The design, height, setback and appearance of the proposed buildings and works

including provision for solar access.

The proposal is for a shed located a few meters from the Omeo Highway.

Construction and extension of one dwelling on a lot

Before deciding on an application, in addition to the decision guidelines in Clause 65,

the responsible authority must consider, as appropriate:


The objectives, standards and decision guidelines of Clause 54.

The proposal is not considered to comply with the requirements of these decision

guidelines due to the nature and location of the building proposed.



36


Overlays

Bushfire Management Overlay (BMO)

To implement the State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local

planning policies.

To ensure that the development of land prioritizes the protection of human life

and strengthens community resilience to bushfire.

To identify areas where the bushfire hazard warrants bushfire protection

measures to be implemented.

To ensure development is only permitted where the risk to life and property

from bushfire can be reduced to an acceptable level.

In accordance with clause 44.06-2 Permit Requirement, a permit is required to

construct a building or carry out works.

The proposal does not satisfy the requirements of the BMO in relation to the

proposal to use the land for the purpose of “shelter” as no Bushfire Management

Plan has been submitted with the application.

A storage shed alone does not trigger the need for a Bushfire Management Plan.

Particular Provisions

Clause 52.47 Planning for Bushfire

To implement the State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local

planning policies.

To ensure that the development of land prioritises the protection of human life

and strengthens community resilience to bushfire.

To ensure that the location, design and construction of development

appropriately responds to the bushfire hazard.

To ensure development is only permitted where the risk to life, property and

community infrastructure from bushfire can be reduced to an acceptable level.

To specify location, design and construction measures for a single dwelling that

reduces the bushfire risk to life and property to an acceptable level.



37


Officer Comment

The proposal does not satisfy the requirements of the BMO in relation to the

proposal to use the land for the purpose of “shelter” as no Bushfire Management

Plan has been submitted with the application.

General Provisions

Clause 65 Decision Guidelines

Because a permit can be granted does not imply that a permit should or will be

granted. The Responsible Authority must decide whether the proposal will produce

acceptable outcomes in terms of the decision guidelines of this clause.

Before deciding on an application or approval of a plan, the Responsible Authority

must consider, as appropriate:

The matters set out in Section 60 of the Act. The State Planning Policy

Framework and the Local Planning Policy Framework, including the Municipal

Strategic Statement and local planning policies.

The purpose of the zone, overlay or other provision.

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

The orderly planning of the area.

The effect on the amenity of the area.

The proximity of the land to any public land.

Factors likely to cause or contribute to land degradation, salinity or reduce

water quality.

Whether the proposed development is designed to maintain or improve the

quality of storm water within and exiting the site.

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

destruction.

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

regenerate.

The degree of flood, erosion or fire hazard associated with the location of the

land and the use, development or management of the land so as to minimise

any such hazard.

The adequacy of loading and unloading facilities and any associated amenity,

traffic flow and road safety impacts.

Officer Comment

The application has been assessed in accordance with the State and Local Planning

Policies and against the purposes of the Township Zone. It is considered that the

proposal does not meet the requirements of the planning scheme in a number of

respects including those underlined immediately above.



38


Budget Impact:

There is no material impact on the Council budget other than the ordinary potential

for any decision on a planning application to proceed to VCAT where Council would

generally be required to meet its own costs.

Risk Assessment:

Approval of the proposal may, due to planning precedent, lead to other applications

on land that cannot support effluent disposal fields.


CONSULTATION/REFERRALS

Referral Responses

Referral Details

GMW No objection subject to conditions

NECMA No objection

Building

Unable to grant a Building Permit retrospectively. Notes

need to conduct a Report and Consent process if a

planning permit is granted for storage. Notes the need

for strict planning conditions on the use of the building if

a planning permit is to be granted for storage.

EHO

Environmental Health has no objections to this proposal

providing the shed is used for storage only.

It is noted that proximity to the waterway would

preclude any dwellings on this block as setback distances

cannot be met.

Advertising

Public notice was sent to adjoining property owners in accordance with Clause 52 of

the Planning and Environment Act 1987. No objections were received.



39


Consideration

The proposal is problematic for a number of reasons.

Firstly, the application itself is ambiguous and contains little supporting information,

however due to several other issues with the application, Council has not requested

further clarification.

Those issues are:

In relation to the use of the land for “shelter”, the use comes under the

definition of “accommodation” in the planning scheme. It would therefore

need to be justified in terms of the BMO by the submission of a Bushfire

Management Plan and to also satisfy the EPA requirements for the treatment

and disposal of effluent. As the land is incapable of accommodating an

effluent disposal field that satisfies setback requirements from the river, a

permit simply cannot be granted for accommodation. Given this position it is

pointless to pursue the requirements of the BMO.

In relation to the use of the land for a storage shed, this comes under the

Planning Scheme definition of “storage”, which in turn comes under the

definition of “warehouse”. Whilst a permissible use in the Township Zone,

granting permission for sheds on otherwise vacant land in the Township

Zones is not considered good planning practice given that it creates a long

term precedent and use right to an industrial type of use. It also encourages

the propensity for these sheds to be used illegally for human habitation. In

this case, the use of the shed, which is on an urban residential sized lot, has

been justified on the basis that it is required to maintain the property, in other

words for vegetation management equipment. This is not considered

sufficient justification for the grant of a permit to use the land for “store” and

thereby establish a long term use on the site for that purpose.

CONCLUSION:

It is considered that the proposal fails to satisfy the requirements of the planning

scheme in terms of the use of the shed for “shelter”. This is in itself considered to be

fatal in terms of the approval of the application. In addition it is considered that to

grant a permit in terms of the use of the land for “storage” would be inappropriate

and create an undesirable planning precedent.

In addition, the use and development of the subject land within the Township Zone

for the purposes of accommodation and/or storage without a Planning Permit is a

breach of the Towong Planning Scheme and it recommended that compliance action

be taken.



40


CR TOLSHER

CR WHITEHEAD

THAT COUNCIL, HAVING CONSIDERED ALL THE RELEVANT MATTERS UNDER

THE PLANNING AND ENVIRONMENT ACT 1987 AND THE RELEVANT

PROVISIONS OF THE TOWONG PLANNING SCHEME, DECIDES TO REFUSE

PLANNING APPLICATION 2018/023 FOR “A STORAGE SHED THAT EXISTS ON

THE LAND THE STORAGE SHED TO BE USED FOR STORING ITEMS THAT

MAINTAIN THE LAND AND AS SHELTER ONLY” AT LOT 1, TP673875N, OMEO

HIGHWAY MITTA MITTA ON THE FOLLOWING GROUNDS:

1. GROUNDS OF REFUSAL

a) THE PROPOSAL IS CONSIDERED TO BE PREJUDICIAL TO THE PROPER

FUTURE PLANNING OF THE AREA.

b) THE PROPOSAL IS CONSIDERED TO BE PREMATURE IN THE ABSENCE OF

RETICULATED SEWERAGE.

c) THE PROPOSAL DOES NOT DEMONSTRATE THAT THE BUILDING MEETS

THE REQUIREMENTS OF THE BUSHFIRE MANAGEMENT OVERLAY IN

TERMS OF THE USE OF THE LAND FOR ”SHELTER”.

d) THE PROPOSED USE OF THE LAND FOR “STORE” IS CONSIDERED TO BE

INAPPROPRIATE IN THE CONTEXT.

2. PLANNING COMPLIANCE

THAT THE APPLICANT BE ADVISED THAT THE EXISTING STRUCTURE

(CONVERTED SHED ) MUST BE REMOVED FORTHWITH AND THAT FAILURE TO

DO SO WILL RESULT IN ENFORCEMENT ACTION PURSUANT TO THE PLANNING

AND ENVIRONMENT ACT AND COUNCIL’S LOCAL LAWS.

CARRIED



41


12.3 Planning Application 2018/028 – Shelley Road Walwa – Service

Industry and Car Sales (196250-MP)

Application Details

Applicant Mr James McLellan

Proposal Service industry and Car Sales

Application Lodged 17 May 2018

Notice and Submissions

Notice to surrounding properties: Yes

Notice on site: No

Notice in newspaper: No

Number of objections: Two (2)

Property Details

Property Address 14 Shelley Road Walwa

Land Description Lot 1 and 2 LP18757 Parish Walwa

Land Area 0.21ha

Existing Conditions Four (4) sheds and toilet facilities

Existing Use Operation of Country Tractor Service Pty

Ltd without a planning permit

Planning Provisions

Zone Township Zone

Overlays Environmental Audit Overlay

State Planning Policy

Framework

Clause 13 Environmental Risks

Clause 13.04 Noise and Air

Clause 17.01 Commercial

Local Planning Policy

Framework

Clause 21.02 Vision

Clause 21.05 Economy


Clause 52.06 Car Parking

Clause 52.14 Motor Vehicle Boat or

Caravan Sales

Restrictive covenants NIL

Permit Triggers Township Zone Clause 32.05-2 Table of

Uses



42




At the time of preparation of the report the officers did not have a direct or indirect


Background/History:

The property is located at 14 Shelley Road Walwa within the Township Zone. The

Environmental Audit Overlay encumbers the land however the proposed use is not a

sensitive use as listed under this overlay. The subject land abuts lots containing

dwellings on its northern and southern side boundaries, with vacant land at the rear

of the property and a cabinet making business across the road.

The site was previously used a number of years ago as a VicRoads Depot, which due

to this previous use would be unsuitable for sensitive land uses in accordance with

the Environmental Audit Overlay. Any existing use rights attached to the previous use

of the land have lapsed.

Site History

There are no previous planning permits for this site.



43


Proposal

The proposed use is for ‘Motor Vehicle, boat and caravan sales’. The type of vehicles

to be sold will be mainly farm vehicles – tractors and all-terrain vehicles. In addition

spare parts and ancillary equipment will also be sold. The defined use also allows for

minor servicing and repairs and the sale and fitting of accessories. It is intended for

this use to be also carried out at the site.

There are no new proposed buildings. It is proposed power will be supplied by the

existing solar power system and a short-term generator system (for the compressor

on an as needs basis). The proposed hours of operation will be 8am to 5:30pm

Monday to Friday.

On-site parking is available for up to six (6) customers in the central part of the

property. Access to the site will be from the existing cross-over.

TOWONG PLANNING SCHEME CONTEXT

State Planning Policy Framework (SPPF)

The State Planning Policy Framework seeks to ensure that the objectives of planning

in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are

fostered through appropriate land use and development planning policies and

practices which integrate relevant environmental, social and economic factors in the

interests of net community benefit and sustainable development.

The following State Planning Policies and Objectives (in italics) are relevant to this

application:

Clause 13 Environmental Risks

Planning should adopt a best practice environmental management and risk

management approach which aims to avoid or minimise environmental degradation

and hazards. Planning should identify and manage the potential for the environment,

and environmental changes, to impact upon the economic, environmental or social

well-being of society.

As the site has been identified as being potentially contaminated due to it being

included on an Environmental Audit Overlay it is deemed unsuitable for any sensitive

uses including: residential use, child care centre, pre-school centre or primary school,

unless an environmental audit and cleanup is undertaken.



44


Whilst the proposed use of the site as a ‘motor vehicle, boat and caravan sales’ outlet

provides a use of land compatible with Environmental Audit Overlay, the

environmental risks associated with the use are mostly associated with potential

impacts on adjoining residential land.

Clause 13.04 Noise and Air

To assist the control of noise effects on sensitive land uses.

Ensure that development is not prejudiced and community amenity is not reduced by

noise emissions, using a range of building design, urban design and land use

separation techniques as appropriate to the land use functions and character of the

area.

Potential noise emissions from the site will be associated with the use of the

generator, compressors, hammering and the use of power tools such as grinders,

drills, pneumatic socket wrenches and the like. Although the rear of the site is

proposed to be used it is considered that maintenance work could occur anywhere

on the site based on where vehicles are to be parked.

There may be odours and fumes and spray from the use of welding equipment,

cleaning agents and the potential use of paint on the site. It can also be expected

that tractors and machinery will be started up on the site on a reasonably regular

basis.

The development is capable of being connected to mains power supply available at

the front of the property to negate the need to use the generator and reduce any

noise impact on the surrounding neighborhood.

With regard to use separation, the dwelling to the south of the subject land is

located within approximately 1m of the boundary to the subject land and could be

impacted from emissions from the site. Whilst the dwelling to the north of the

subject land is located approximately 15m from the boundary, it too could be

impacted from the proposal.

Clause 17 Economic Development

Planning is to provide for a strong and innovative economy, where all sectors of the

economy are critical to economic prosperity. Planning is to contribute to the economic

well-being of communities and the State as a whole by supporting and fostering

economic growth and development by providing land, facilitating decisions, and

resolving land use conflicts, so that each district may build on its strengths and achieve

its economic potential.



45


Whilst the proposed use could potentially provide some economic activity in the

area, it is understood that similar uses operate nearby. The proposed use is not

expected to result in increased overall demand for the services being offered in the

area, and at best it is considered that the economic impact of the proposal will be

neutral.

It is further considered that the proposal does not satisfy the objective of solving

land use conflicts.

Clause 17.01 Commercial

To encourage development which meet the communities’ needs for retail,

entertainment, office and other commercial services and provides net community

benefit in relation to accessibility, efficient infrastructure use and the aggregation and

sustainability of commercial facilities.

As stated above, whilst the proposed use could potentially provide some economic

activity in the area, it is understood that similar uses operate nearby. The proposed

use is not expected to result in increased overall demand for the services being

offered in the area, and at best it is considered that the economic impact of the

proposal will be neutral.

Local Planning Policy Framework (LPPF)

The following Local Planning Policies are relevant to this application:

Clause 21.02 Vision

Economies with a narrow base such as Towong Shire, are particularly vulnerable to

external forces such changes in terms of trade, fluctuations in commodity prices,

seasonal variations, climate change and increasing transport costs. The vulnerability of

the narrowly based Towong Shire economy and need for a broader range of

employment opportunities within the Shire is central to the vision for greater economic

diversification.








46


Clause 21.05 Economy

Towong Shire has the least diverse economy in the North East region, being heavily

dependent upon agriculture. The agricultural sector in turn is the least diverse in the

region, relying heavily on beef grazing. Economies with a narrow base such as Towong

Shire, are particularly vulnerable to external forces, including changes in terms of trade,

fluctuations in commodity prices, the vagaries of seasonal variations and climate

change.

The townships of the eastern sector of the Shire are faced with the challenge of

planning for an ageing and declining population as youth seek education and

employment opportunities elsewhere. The ageing population has created opportunities

in the area of health and community services with a range of such services located in

Corryong, Tallangatta and Walwa.






Zoning

Clause 32.05 - Township Zone

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 development and a range of commercial, industrial and other

uses in small towns. To encourage development that respects the neighbourhood

character of the area.

To allow educational, recreational, religious, community and a limited range of other

nonresidential uses to serve local community needs in appropriate locations.

In accordance with Clause 32.05-2 Table of Uses, the use of land for ‘motor vehicle,

boat and caravan sales’ is a Section two (2) use, permit required.

The Township Zone allows a wide range of uses and therefore, if not properly

administered, potentially mixes incompatible land uses together creating land use

conflicts. It is the role of the responsible authority to attempt to avoid land use

conflicts within the zone, whilst at the same time seeking to satisfy the purposes of

the zone.



47


In this case it is considered that the proposed use creates a potential long term land

use conflict between residential and industrial/commercial type uses.

32.05-4 Use for industry and warehouse

Amenity of the neighbourhood

The use of land for an industry or warehouse must not adversely affect the amenity of

the neighbourhood, including through:

The transport of materials or goods to or from the land.

The appearance of any stored materials or goods.

Traffic generated by the use.

Emissions from the land.

The subject land is flanked on two (2) sides by residences and there is potential for a

range of negative amenity impacts to result. Potential impacts include; negative

visual amenity impacts, noise, odour, dust, smoke and fumes.

Clause 32.05-12 Decision Guidelines

General

The State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning

policies.

The objectives set out in a schedule to this zone.

The protection and enhancement of the character of the town and

surrounding area including the retention of vegetation.

The availability and provision of utility services, including sewerage, water,

drainage, electricity, gas and telecommunications.

In the absence of reticulated sewerage, the capability of the lot to treat and

retain all wastewater in accordance with the State Environment Protection

Policy (Waters of Victoria) under the Environment Protection Act 1970.

The design, height, setback and appearance of the proposed buildings and

works including provision for solar access.

The need for a verandah along the front or side of commercial buildings to

provide shelter for pedestrians.

Provision of car and bicycle parking and loading bay facilities and

landscaping.

The effect that existing uses on adjoining or nearby land may have on the

proposed use.



48


The scale and intensity of the use and development.

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

proposal.

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

Use for industry and warehouse

Before deciding on an application to use land for an industry or warehouse, in addition

to the decision guidelines in Clause 65, the responsible authority must consider, as

appropriate:

The State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning

policies.

The effect that existing uses on adjoining or nearby land may have on the

proposed use.

The design of buildings, including provision for solar access.

The availability and provision of utility services.

The effect of traffic to be generated by the use.

The interim use of those parts of the land not required for the proposed use.

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

The applicable State and Local Planning Policies have been considered earlier in this

report.

Council has been advised that the site has an existing connection to reticulated

sewer (a Septic Tank Effluent Drainage System ‘STEDS’ that takes septic tank

discharge) and water. The property is likely to be required to discharge domestic

waste into the existing STEDS reticulated sewerage system. A trade waste agreement

may need to be entered into with North East Water for discharge of commercial

wastes from the site. This will potentially require the paving of the site and

appropriate drainage to a triple interceptor trap before discharge to sewer (via a

septic tank) occurs. Council would need to ensure that a septic tank is installed and

connected to the STEDS scheme if a permit is to be granted.

The site is not currently connected to reticulated power and telecommunications and

hence the land currently relies on solar panels and a backup generator for power.

No new buildings or works have been proposed as part of the application and there

is space available for off-street car parking for up to six (6) cars.

The existing uses of neighbouring and adjacent properties could have a detrimental

impact on the proposed use if EPA requirements are not met in terms of emissions



49


from the site, in that the business could be forced to curtail or limit is activities on the

site.

Overlays

Clause 45.03 Environmental Audit Overlay

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

ensure that potentially contaminated land is suitable for a use which could be

significantly adversely affected by any contamination.

45.03-1 Requirement

Before a sensitive use (residential use, child care centre, pre-school centre or primary

school) commences or before the construction or carrying out of buildings and works in

association with a sensitive use commences, either:

A certificate of environmental audit must be issued for the land in accordance

with Part IXD of the Environment Protection Act 1970, or

An environmental auditor appointed under the Environment Protection Act

1970 must make a statement in accordance with Part IXD of that Act that the

environmental conditions of the land are suitable for the sensitive use.

The proposed use is not considered a sensitive use therefore the requirements for

obtaining a ‘certificate of environmental audit’ are not applied.


Clause 52.06 Car Parking

To ensure that car parking is provided in accordance with the Municipal Planning

Strategy and the Planning Policy Framework.

To ensure the provision of an appropriate number of car parking spaces having regard

to the demand likely to be generated, the activities on the land and the nature of the

locality.

To support sustainable transport alternatives to the motor car.

To promote the efficient use of car parking spaces through the consolidation of car

parking facilities. To ensure that car parking does not adversely affect the amenity of

the locality.

To ensure that the design and location of car parking is of a high standard, creates a

safe environment for users and enables easy and efficient use.



50


There is space within the site to accommodate six (6) car parking spaces. This is

proposed to be in excess of the expected demand for car parking generated by the

proposed use.

General Provisions

Clause 65 Decision Guidelines

Before deciding on an application or approval of a plan, the responsible authority must

consider, as appropriate:

The matters set out in section 60 of the Act.


The purpose of the zone, overlay or other provision.

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

The application is consistent with the MSS and Planning Policy and the purposes of

the township zone and environmental audit overlay.

The orderly planning of the area.

The proposal introduces an industrial/commercial type of use into a space between

two (2) residences. It therefore potentially creates land use conflicts which could be

contrary to the orderly planning of the area.

The effect on the amenity of the area.

The proposal introduces an industrial/commercial type of use into a space between

between (2) residences. It therefore potentially creates land use conflicts and

unacceptable amenity impacts.

The proximity of the land to any public land.

Factors likely to cause or contribute to land degradation, salinity or reduce

water quality.

The proposal is unlikely to cause or contribute to land degradation or salinity. Water

quality would potentially be impacted unless stringent conditions were applied to

any approval.

Whether the proposed development is designed to maintain or improve the

quality of stormwater within and existing the site.



51


Any approval would need to ensure via conditions that appropriate paving and

stormwater connections are made.

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

destruction.

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

regenerate.

No native vegetation removal is proposed as part of the application.

The adequacy of loading and unloading facilities and any associated

amenity, traffic flow and road safety impacts.

The property has adequate space within the site for loading and unloading facilities.

It is not anticipated the proposal will significantly increase traffic flow or road safety

risks in the area.

CONSULTATION

Referral Responses

Referral Details

VicRoads No objection with conditions

North East Water No objection with notes

Advertising

The application was publicly notified in accordance with the notification

requirements of Clause 66 of the Towong Planning Scheme.



52


Objections

Two (2) objections were received in relation to the application.

Objections Response

Mrs Jenny Long

Proximity to residential properties

This is a major concern in relation to the

application. There is considerable potential for

emissions from the site to impact on adjoining

properties. Whilst conditions can be applied to

permits, it is considered that inherent with the

proposed use there will be off-site impacts.

Storage of machinery and

equipment not required by the

business in the open area on the

property

The proposed use will entail storage of vehicles

and equipment. Any approval would not be

able to differentiate between various types of

vehicles and equipment as to whether they are

to be used for the business or otherwise as it

would be at the discretion of the owner to

decide what is required by the business and

what is not.

Request for a colourbond fence and

gate to be installed across front

boundary

Any approval would appropriately contain

conditions requiring screen fencing.

Lack of evidence of existing solar

system, concerns around the use of

a generator when there is a mains

electricity supply available

Mains electricity supply available in the area

and conditions requiring it be connected to

the site would be appropriate on any permit

that was to be issued.

Concerns over waste oil being

stored on the property during the

fire season

Any permit to issue should contain conditions

requiring that waste oil and other products be

stored and disposed of in accordance with EPA

and environmental health requirements.

Concerns, that since occupation of

the site by Countrywide Tractor

Services, the site has gone from a

vacant neat and tidy site, to a site

that resembles a junk yard.

This is a concern in relation to the application.

Any permit to issue would need to contain

conditions requiring that the site is maintained

in a neat and tidy manner.

Concerns as to whether the property

has been connected into reticulated

sewerage system

Walwa does not have a conventional sewerage

system. It does however have a STEDS system

whereby septic tanks effluent is directed to a



53


collection system for further treatment. The

subject land would be required to have a

septic tank on the site connected to such a

system. There would be further requirements

for paving and the creation of a triple

interceptor trap for industrial waste.

Request for Council to ensure that

all materials and goods not required

for the operation of the business be

removed from the site and regularly

inspect to ensure no stored

materials and goods are in situ that

are not required

The proposed use will entail storage of vehicles

and equipment. Any approval would not be

able to differentiate between various types of

vehicles and equipment as to whether they are

to be used for the business or otherwise as it

would be at the discretion of the owner to

decide what is required by the business and

what is not. It is considered that any condition

in relation to this issue would be difficult to

enforce. However a condition relating to the

appearance of the site could be applied to any

permit that was issued.

Request for some type of dust

suppression minimisation of the site

If a permit were to issue then a condition to

this effect would be included.

Request for Council to ensure

management of rodents, snakes and

fire hazards is undertaken to

minimise risk.

If a permit were to issue then a condition to

this effect would be included.

Ms Jan Duckett

Concerns the appearance of the

prior business site on Main Street

resembled a junk yard and since

moving the business to the Shelley

Road premises, the site has gone

from a neat and tidy site to one that

is unsightly and resembles a

‘junkyard’.

A condition relating to the appearance of the

site could be applied to any permit that was

issued.

Impacts on daily activities within her

own property through lack of

privacy.

If a planning permit is issued the applicant will

be required to provide screening to Council’s

satisfaction along the abutting boundary fence

to ensure privacy is maintained.

Strong smell of grease and diesel

fumes that can be smelt inside Ms Noted.



54


Duckett’s house.

Strong smell of gas on one occasion

– Mr McLellan advised Ms Duckett

he was ‘filling up a gas cylinder and

not to light a smoke’

Noted.

Mr McLellan and other visitors at the

site relieving themselves along the

fence line that abuts Ms Duckett’s

property

Noted.

The installation of a colorbond fence and

screening along Ms Duckett’s boundary should

alleviate this intrusion of Ms Duckett’s privacy.

The property will also be required to connect

into reticulated sewerage services.

Concerns over a Telstra line that

connects the property to the

telecommunications infrastructure,

runs up into one of Ms Duckett’s

trees before going into a shed on

the property.

Noted. All telecommunications infrastructure

will need to be installed in accordance with

Telstra requirements

Ms Duckett feels uncomfortable

using her toilet in her house due to

the lack of privacy between her

house and the adjacent property.

Noted. A condition requiring the installation of

a screen fence along the boundary should

alleviate this concern.

Use of a generator – noise.

Noted. Any permit to issue would require that

the property connect to reticulated electricity

supply.

Request for a 1.8m colorbond fence

along the entire boundary that

abuts Ms Duckett’s property.

A condition requiring screen fencing would

address this concern.

Consultative Meeting

Mr Bob McLellan (the owner) provided a written response to the objections raised by

Mrs Jenny Long and Ms Jan Duckett. Upon review of this, the objectors advised

Council they were not willing to withdraw their objections. A consultative face-to-

face meeting was not conducted.



55


DISCUSSION/ASSESSMENT

The application to use and develop the land at Shelley Road for the purposes of

‘motor vehicle, caravan and boat sales’, more specifically the sale and minor servicing

and repair of motor vehicles, is at odds with the land use of adjoining lots and is

considered to represent a land use conflict.

There are a number of valid concerns from adjacent property owners in relation to

the operation of the business at the new site on Shelley Road, particularly the impact

on amenity as a consequence of the operation of the current use on the site.

The site is wedged between two (2) residential properties with vacant land to the rear

of the property and a cabinet making business and dwelling across the road.

The proposed use of the land within standard business hours, will have an impact on

the neighbouring properties. The main impacts will be on the amenity of the area,

through an increase in noise produced at the site from both equipment and visitors

to the site, visual impacts through the site not being maintained in a neat and tidy

manner (as is currently occurring) and the occasional increases in smells produced at

the site through fuels and oils being used and stored at the site.

CONCLUSION

The application is considered to be inconsistent with State and Local Planning

Policies and is not considered to meet the requirements of the Township Zone in that

the proposed land use is in conflict with the adjoining dwellings and there is likely to

be a negative impact on the amenity of the area.

Whilst Council could contemplate a large number of onerous conditions to try and

limit amenity impacts it is considered that the underlying land use conflict issue

would remain. It is further considered that such conditions would be difficult to

enforce.



56


CR TOLSHER

CR STAR

THAT COUNCIL ISSUE A NOTICE OF REFUSAL FOR PLANNING APPLICATION

2018/028 FOR DEVELOPMENT AND USE OF LAND AT 14 SHELLEY ROAD

WALWA BEING MORE PARTICULARLY DESCRIBED AS LOT 1&2 LP18757 PARISH

WALWA FOR THE PURPOSES OF MOTOR VEHICLE, BOAT AND CARAVAN SALES

ON THE FOLLOWING GROUNDS:

1. GROUNDS OF REFUSAL

a) THE PROPOSAL DOES NOT SATISFY THE REQUIREMENTS OF THE

PLANNING POLICY FRAMWORK AND LOCAL PLANNING POLICY

FRAMWORK OF THE TOWONG PLANNING SCHEME INCLUDING THE

REQUIREMENTS OF CLAUSE 22.05-4.

b) THE PROPOSAL DOES NOT SATISFY THE REQUIREMENTS OF CLAUSES

32.05-4, 32.05-11 AND 32.05-12.

c) THE PROPOSAL IS CONSIDERED TO BE DETRIMENTAL TO THE AMENITY

OF THE AREA DUE TO THE POTENTIAL FOR NOISE, DUST, FUMES,

ODOURS AND SMOKE TO BE EMITTED FROM THE SITE.

d) THE PROPOSAL WILL HAVE A NEGATIVE VISUAL IMPACT ON THE

NEIGHBOURHOOD.

e) THE PROPOSAL IS PREJUDICIAL TO THE PROPER FUTURE PLANNING OF

THE AREA IN THAT APPROVAL WOULD CREATE A POTENTIAL LONG

TERM LAND USE CONFLICT.

2. PLANNING COMPLIANCE

THAT THE APPLICANT BE ADVISED THAT THE EXISTING USE OF THE SITE MUST

CEASE AND THE MACHINERY AND EQUIPMENT ON THE LAND BE REMOVED

FORTHWITH AND THAT FAILURE TO DO SO WILL RESULT IN ENFORCEMENT

ACTION PURSUANT TO THE PLANNING AND ENVIRONMENT ACT AND

COUNCIL’S LOCAL LAWS.

CARRIED

Council then returned to item 9.1 of the agenda.

S Taylor left the Council Chamber and did not return, the time being 10.57am.



57


13 Environmental sustainability

13.1 Environmental Sustainability report (01/07/0004-DTS)

The Asset Management report is presented every second month. The next report is



13.2 Forestry Report (03/05/0000-DTS)


This report was prepared by Mr Ken Whitehead, Forestry Officer.

At the time of preparation of the report, the officer did not have a direct or indirect


Background/History:

Across Towong Shire there are significant pine plantations located in state forest and

on private land.

The Department of Environment, Land, Water and Planning (DELWP) monitors timber

harvesting operations that are conducted on public land to ensure they are

compliant with regulatory requirements.

Where timber harvesting operations of plantations and native forest occur on private

land, Council has responsibilities through the Victorian Planning Provisions. Timber

production is a defined land use in the Victoria Planning Provisions and all planning

schemes and Council is responsible for ensuring compliance with the planning

provision system.

The Victorian Planning Provisions reference the Code of Practice for Timber

Production 2014 (the Code). The Code outlines the environmental standards for

planning and conducting commercial timber harvesting operations.

The primary responsibility of Council’s part-time Forestry Officer is to ensure

environmental compliance with the Code in forestry operations that are occurring on

private land within the Shire. This work involves inspecting and auditing forest

operations and liaising with forest owners and the local community. Other duties



58


include the control of blackberries along the Shire’s local roads and representation

on the local blackberry action groups.

This report provides information on the areas of focus for the Forestry Officer,

including a summary of timber harvesting that has been conducted on private land

across the Shire.

TIMBER HARVESTING

Currently the majority of wood production/harvesting is in the Railway, Shelley and

Wabba areas. From April 2018 to August 2018, the more significant volumes of

timber designated for harvest or thinning were at Railway (48,431 m3) and Jingellic

(39,361 m3).

Totals for 2017-18 were 3,555 ha of plantation, producing 1,076,635 m3 of timber

designated for thinning or harvesting operations within Towong Shire. Of this 84% of

the volume was clear fall and 16% was thinning.

Council has had 55 Timber Harvesting Plans submitted during 2017-18 and the

following has been conducted:

o 20 inspections of harvesting operations

o 21 post-harvest inspections

o 16 Timber Harvest Plans inspections undertaken.

HVP Plantations

HVP are continuing to conduct the majority of their harvesting operations in

the Koetong / Shelley area.

HVP are currently looking at their options in relation to Callaghan’s Road

Bridge.

Upper Murray Pine Marketing Group

Upper Murray Pine Marketing Group plantations has been harvested and the

organisation has now ceased.

D&R Henderson

D&R Henderson have commenced harvesting at Granya, Bullioh and Guys

Forest. The plantations at Granya are nearing completion.

Grading of Annandale Road conducted post harvesting operations at Granya.

Logging operations to recommence in summer 2019.

They are considering harvesting the plantation at the top of Price Hill Lane in

Corryong sometime in late 2018. As part of this, they will likely be using

Baileys Bridge to cross the creek to access the plantation.



59


BLACKBERRIES

Blackberry roadside spraying is being organised for the 2018-19 season. Quotes for

spraying are due to be submitted by 31 August 2018.


Nil.

State Government Policy Impacts:

Nil.

Budget Impact:

Nil.

Risk Assessment:

Nil.


The Towong Shire Plantations Committee meets twice yearly and provides a forum

for forestry related community issues to be raised and discussed between plantation

owners and community representatives. There are no current matters that have been

raised by the Committee. The M2M Blackberry Action Group and Upper Murray

Blackberry Action Groups meet three times a year to discuss blackberry issues in the

Shire of Towong. There are no current matters that have been raised by these

Committees.

Discussion/Officers View:

Forestry activity is continuing to be conducted to ensure that appropriate standards

are maintained for commercial timber harvesting operations on private land.

CR STAR

CR WHITEHEAD

THAT THE REPORT BE NOTED.

CARRIED



60


14 Economic and tourism development

14.1 Economic Development Report (05/01/0001-CEO)

The Economic Development report is presented every second month. The next

report is due in October 2018.


15 Councillor Reports

No Councillor reports.

16 Urgent business

Nil.



61


17 Committee minutes

17.1 Man from Snowy River Tourist Association (AMED)

The unconfirmed Minutes of the Man from Snowy River Tourist Association meeting

held on 22 June 2018 are attached at Appendix 4 for information.

CR TOLSHER

CR STAR

THAT THE UNCONFIRMED MINUTES OF THE MAN FROM SNOWY RIVER

TOURIST ASSOCIATION BE NOTED.

CARRIED

17.2 Municipal Emergency Management Planning Committee (Cr

Scales)

The unconfirmed Minutes of the Municipal Emergency Management Planning

Committee meeting held on 15 August 2018 are attached at Appendix 5 for

information.

CR WHITEHEAD

CR TOLSHER

THAT THE UNCONFIRMED MINUTES OF THE MUNICIPAL EMERGENCY

MANAGEMENT PLANNING COMMITTEE BE NOTED.

CARRIED



62


18 Occupational Health and Safety

18.1 OHS Committee (06/04/0212-DCCS)

The unconfirmed minutes of the meeting held on 23 August 2018 are attached at

Appendix 6 for information.

CR STAR

CR WHITEHEAD

THAT THE UNCONFIRMED OCCUPATIONAL HEALTH AND SAFETY COMMITTEE

MINUTES BE NOTED.

CARRIED

19 Council policies (10/01/0007-CEO)

There are no policies for review in September.

The following policies were tabled for review at the 3 July 2018 Council Meeting and

are presented at Appendix 7 for adoption. Please note that recommended changes

are shown in red/blue/purple.

Disabled Access Funding

Disability Access

Employee Recognition

Flexi Time

CR TOLSHER

CR STAR

THAT THE FOLLOWING POLICIES AS PRESENTED BE ADOPTED:

DISABLED ACCESS FUNDING

DISABILITY ACCESS

EMPLOYEE RECOGNITION

FLEXI TIME

CARRIED



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20 Sealing of documents

No documents for sealing.



64


21 Confidential

In accordance with S77 (2) information is ‘confidential information’ if:

(a) the information was provided to the Council or a special committee in relation to

a matter considered by the Council or special committee at a meeting closed to

members of the public and the Council or special committee has not passed a

resolution that the information is not confidential; or

(b) the information has been designated as confidential information by a resolution

of the Council or a special committee which specifies the relevant ground or grounds

applying under section 89(2) and the Council or special committee has not passed a

resolution that the information is not confidential; or

(c) Subject to sub-section (3), the information has been designated in writing as

confidential information by the Chief Executive Officer specifying the relevant ground

or grounds applying under section 89(2) and the Council has not passed a resolution

that the information is not confidential.

In accordance with Section 89(2) and 89(3) of the Local Government Act 1989,

(2) A Council or special committee may resolve that the meeting be closed to

members of the public if the meeting is discussing any of the following—

(a) Personnel matters;

(b) The personal hardship of any resident or ratepayer;

(c) Industrial matters;

(d) Contractual matters;

(e) Proposed developments;

(f) Legal advice;

(g) Matters affecting the security of Council property;

(h) Any other matter which the Council or special committee considers would

prejudice the Council or any person;

(i) A resolution to close the meeting to members of the public.

(3) If a Council or special committee resolves to close a meeting to members of the

public the reason must be recorded in the minutes of the meeting



65


CR WHITEHEAD

CR STAR

THAT THE MEETING BE CLOSED TO THE PUBLIC TO CONSIDER INFORMATION

CONSIDERED UNDER SECTION 89(2)(d) OF THE LOCAL GOVERNMENT ACT TO

BE CONFIDENTIAL THE TIME BEING 11.22AM.

CARRIED

CR STAR

CR TOLSHER

THAT THE MEETING BE RE-OPENED TO THE PUBLIC, THE TIME BEING 11.29AM.

CARRIED

21.1 Tender Assessment - Annual Resealing Program (01/01/0445-

DTS)

CR WHITEHEAD

CR TOLSHER

THAT:

1. THE RESEAL TENDER, CONTRACT 2018/0331 BE AWARDED TO DOWNER EDI

WORKS PTY LTD FOR THE 2018/19 FINANCIAL YEAR; AND

2. THE CHIEF EXECUTIVE OFFICER BE AUTHORISED TO SIGN AND SEAL THE

CONTRACT DOCUMENTS.

CARRIED

There being no further business the meeting was closed at 11.29am.

Minutes confirmed this …......... day of ............................................... 2018.

______________________________________________________

Mayor

minutes ordinary meeting of council - shire of towong · 2018-09-07 · vacant during the whole or...

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