21 NOVEMBER 2017 JAMIESON MEMORIAL HALL Perkins Street, Jamieson MINUTES 5.00PM

MANSFIELD SHIRE COUNCIL

Ordinary Meeting of Council MANSFIELD SHIRE

TUESDAY, 21 NOVEMBER 2017 JAMIESON MEMORIAL HALL Perkins Street, Jamieson MINUTES 5.00PM

CONTENTS

1. OPENING OF THE MEETING...... 3 2. STATEMENT OF COMMITMENT ...... 3 3. ACKNOWLEDGEMENT OF COUNTRY ...... 3 4. APOLOGIES...... 3 5. CONFIRMATION OF MINUTES ...... 4 6. DISCLOSURE OF CONFLICT OF INTERESTS ...... 4 7. PRESENTATIONS AND REPRESENTATIONS ...... 4 7.1 Certificate of Appreciation: Gadhaba Local Indigenous Network ...... 4 7.2 Representation from Ms Tracy Shipley in relation to item 10.3.1 - Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay ...... 4 8. NOTICES OF MOTION ...... 4 9. MAYOR’S REPORT ...... 4 10. OFFICER REPORTS ...... 8 10.1 DEPARTMENTAL REPORTS ...... 8 Attachment 10.1 ...... 9 10.2 DEVELOPMENT SERVICES ...... 27 10.2.1 Planning Scheme Amendment C39 Heritage Overlay – Correction of Resolution ...... 27 Attachment 10.2.1 ...... 30 10.2.2 Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay – Invitation from the Victorian Civil and Administrative Tribunal to consider Planning Permit Application P007B/14 to amend and consolidate existing permits relating to the use and development of the land for leisure and recreation (maze and ancillary activities), use of the land for a function centre and the erection of signage ...... 69 Attachment 10.2.2 ...... 76 10.2.3 Section 55 Referral Agreement with Goulburn Murray Water...... 93 Attachment 10.3.3 ...... 97

1. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.3 EXECUTIVE SERVICES ...... 102 10.3.1 Mansfield Shire Council Privacy and Data Protection Policy and Procedures 2017 ...... 102 Attachment 10.3.1 ...... 105 10.3.2 Finance Report: 1 July 2017 to 31 October 2017 ...... 119 Attachment 10.3.2 ...... 123 10.4 COMMUNITY SERVICES ...... 131 10.4.1 Tourism North East Quarterly Report 2017-2018 Quarter 1 ...... 131 Attachment 10.4.1 ...... 134 10.5 ENGINEERING & WORKS ...... 166 10.5.1 Request for Inclusion of Shared Driveway to Road Register - James Street, Bonnie Doon ...... 166 11. ASSEMBLIES OF COUNCILLORS ...... 170 12. ADVISORY AND SPECIAL COMMITTEE REPORTS ...... 171 13. AUTHORISATION OF SEALING OF DOCUMENTS ...... 171 14. PUBLIC QUESTION TIME ...... 171 15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC ...... 172

2. 2 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

TUESDAY, 21 NOVEMBER 2017 JAMIESON MEMORIAL HALL Perkins Street, Jamieson MINUTES 5.00PM

1. OPENING OF THE MEETING

The Mayor, Cr Volkering, opened the meeting at 5.04pm.

Councillors: Marg Attley Tolmie Ward Peter Olver Mansfield Ward Paul Sladdin Bonnie Doon Ward Paul Volkering Mansfield Ward Harry Westendorp Jamieson Ward

Chief Executive Officer: Alex Green Engineering & Works Manager: Neil Ogilvie Finance Manager: Mandy Kynnersley Senior Strategic Planner: Kathy Richardson

2. STATEMENT OF COMMITMENT

The Councillors affirmed the following Statement of Commitment:

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

3. ACKNOWLEDGEMENT OF COUNTRY

The Councillors affirmed the following Statement of Commitment:

4. APOLOGIES

Nil.

3 3. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

5. CONFIRMATION OF MINUTES

Councillors Westendorp/Attley:

That the Minutes of the Mansfield Shire Council meeting, held on 17 October 2017, be confirmed as an accurate record. Carried

6. DISCLOSURE OF CONFLICT OF INTERESTS

Nil.

7. PRESENTATIONS AND REPRESENTATIONS

7.1 Certificate of Appreciation: Gadhaba Local Indigenous Network

The Gadhaba Local Indigenous Network have previously presented Council with a Certificate of Appreciation for support the Network’s celebration and promotion day held on 28 October 2017.

Councillors Olver/Attley:

That Council receive the Certificate of Appreciation from the Gadhaba Local Indigenous Network. Carried

7.2 Representation from Ms Tracy Shipley in relation to item 10.3.1 - Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay

Ms Tracey Shipley made representation to the Council in relation to item 10.3.1 - Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay.

8. NOTICES OF MOTION

Nil.

9. MAYOR’S REPORT

The Mayor, Councillor Paul Volkering, will present the monthly Mayor’s report to the Council as follows:

As we enter the warmer weather, and following a drier than normal Spring, we are reminded of the importance for our respective communities to become “Fire Ready”. 4. 4 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

9. MAYOR’S REPORT CONT.

Councillors and Council staff have been busy distributing pamphlets and materials associated with bush fire preparedness, and this work continues leading into the peak summer season.

Sincere thanks to those Councillors, CEO and other Council staff who helped set up and attend the recent Mansfield Bush Market, where the Bush Fire Ready message could be further spread.

The bush market was another great success with numbers of visitors a bit down early in the day, but building throughout the morning as the weather improved.

The stall that Council provided served to inform and educate the community and visitors alike on what’s happening here in Mansfield, as well as promoting the Shire more generally. All in all, holding the stall appears to have been a worthwhile exercise and one which we should continue at future markets, subject to Councillor availability.

I attended the Rural Councils Victoria Annual General meeting and forum held in October at the MCG in Melbourne. Perhaps the single biggest issue coming out of the meeting was the awareness of a State election in Victoria at some stage in 2018, and the need to advocate strongly for much more decisive support for rural councils across Victoria.

The funding of $1m to conduct a study into sustainability of Rural Councils by KPMG will soon be finalised and should provide State Government with evidence of the issues facing Rural Councils around the State.

The MAV Conference and State Council meeting followed the meeting of Rural Councils in late October and again, these meetings were both informative and well worthwhile in terms of networking and understanding the current political scene across the sector.

The State Council meeting covered a range of topics that concern Councils, but three or four main themes emerged.

1. Housing affordability in larger urban areas. 2. Australia day and a Council’s right to determine its own recognition of Australia day or otherwise. 3. State Planning controls and the almost unworkable planning framework Councils’ must work within. 4. Current imbalance of resources in some Councils and the decision of State Government to intervene in some cases and dismiss Councils without due cause or process. In Mansfield the Spring Arts festival and associated events have kicked off in positive style across the Shire with numbers of visitors looking like they have matched previous years’ attendances. The Street Parade, Kids Fair, Fireworks and Torchlight Parade were all well attended. 5. 5 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

9. MAYOR’S REPORT CONT.

The Mansfield Picnic Races held on the Melbourne Cup public holiday was another outstanding success with a bumper crowd and lots of positive feedback to the race club committee. The success of the day speaks volumes for the race club committee and their hard-working team.

We continue to see a regular number of Planning Consults come before Council as residents express concerns about various developments within the Shire that are challenging their notion of a “rural lifestyle.”

I also attended a workshop conducted by Up2Us Landcare, entitled Mansfield’s Future Matters. This workshop was conducted within the context of climate change being a real phenomenon and therefore; how will Mansfield need to adapt to that change and what will it need to consider in order to manage and evolve into the future.

I also helped officially launch a new “Arts Walk” in Mansfield. Brought together by the Mansfield Arts Council, a map depicts local works of art that visitors and locals can access throughout the Shire. Liz Bannister has done the bulk of the art work on the map and it includes a wide variety of art sculptures and artefacts across the Shire. The Arts Council are to be commended on this initiative.

I also attended the Mansfield Art Exhibition conducted by the Mansfield Hospital Auxiliary. Although art on display wasn’t as prolific as last year, the quality of pieces was excellent and the event was once again very well attended.

There has been some constructive and not so constructive comment on the Draft Local Law currently out for public comment. Councillors are asked to engage with local networks and constituents in order to seek further public comment into this draft Law.

Some of the issues and comments that I have fielded have been around the vexed issues of itinerant traders, keeping of animals, management of land as wells as fines and enforcement.

Last weekend saw the annual Targa event in Mansfield with another large crowd turning out to support the event.

Numbers of cars participating in this year’s event were up on last year and feedback from the organisers and drivers alike was really positive about the event being held in Mansfield.

One driver went to particular length to thank me and to pass on thanks of all drivers for “allowing” Targa to be conducted in what he described the “best” location they attend.

6. 6 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

9. MAYOR’S REPORT CONT.

The street stage conducted in Mansfield last Saturday evening was another highlight of the weekend, with a large crowd in the main street and lots of local people out supporting.

The timing of this event hot on the heels of the Melbourne Cup weekend and Spring Arts launch is really well done. Our events team are to be congratulated on the work done to bring all these events to fruition.

Last Saturday morning I attended the Remembrance Day Ceremony here in Mansfield at the Mansfield Memorial Gates.

Once again it was a very well conducted ceremony by Retired Army Major, Bruce Bingham, and his wife Marlene.

Of particular note was the fact that a local caravan park owner and Light Horse historian, Matt Leggett, recently flew to Israel to participate in the re- enactment of the Australian Light Horse attack on Beersheeba in WW1. Matt is to be congratulated on his motivation and inspiration to attend and represent his community.

Residents in Jamieson Ward at Goughs Bay have been in regular contact with Cr Westendorp and Engineering Manager, Neil Ogilvie, regarding safety and dust conditions along Walsh’s Road. Increasing traffic volumes along that road, particularly as we enter the busy summer period, are causing those residents to complain strongly about the dust and impact on their amenity and health.

Thanks to Engineering Manager, Neil Ogilvie for taking those calls and dealing with them as best he can.

Paul Volkering Mayor

Councillors Westendorp/Attley:

That the Mayor’s report be received. Carried

7. 7 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10. OFFICER REPORTS

10.1 DEPARTMENTAL REPORTS

File Number: E103 Responsible Officer: Chief Executive Officer, Alex Green

Introduction

Departmental reporting allows a short briefing to be provided to the Council on the current operations, tasks and projects undertaken within each Department over the past month.

The Chief Executive Officer will present the monthly Departmental reports to the Council, as follows:

· Community Services · Corporate and Organisational Development · Development Services · Engineering and Works · Executive Services · Finance

Councillors Olver/Westendorp:

That the monthly Department reports be received. Carried

8. 8 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

ATTACHMENT 10.1

DEPARTMENTAL REPORTS

(17 PAGES)

9. 9 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017: Community Services Departmental Report

COMMUNITY SERVICES DEPARTMENTAL REPORT NOVEMBER 2017

EMERGENCY MANAGEMENT RELIEF Sport and Recreation AND RECOVERY The swimming pool is ready to open for the 2017-18 season with a new solar heating Fresh on its success at the Resilient Australia system successfully installed at the facility. Awards, Emergency Ready Trivia is being played in Bonnie Doon and Goughs Bay as Guided by a Life Saving Victoria audit of the well as a number of locations outside of the facility in early 2017, Council officers have Shire. made other improvements to the facility

Emergency Ready Trivia has also been including increased signage and partitioning the men’s showers. announced as a finalist in the CFA’s Fire Awareness Awards which will be announced early December.

COMMUNITY DEVELOPMENT

Applications for the Community Matching Fund opened and to assist groups to apply. The Community Development team facilitated a grant writing workshop attended by approximately 15 community groups.

The Team also supported Mansfield Bowls Club successful application to the Federal government’s Stronger Communities Program. Mansfield Pool ready to open! Member for Indi, Cathy McGowan, announced the Club will receive a grant of $9,125 for new October was Walk to School month and the shelters and concrete under existing shelters. program was again received exceptionally well The total project cost is $18,125 with the with primary students having a ball Bowls Club contributing the remaining funding. participating in a scavenger hunt on the way to and from school. Other initiatives to Support was provided to Mansfield Hospital encourage walking, riding and scooting to and LDAT (Local Drug Action Team) to school included a walker of the week profiled prepare and submit a funding application for in the Mansfield Courier and a free Ride 'N' primary prevention initiatives. Go bike lesson which taught students the

skills necessary to ride their bikes safely to Council has been selected as a demonstration and from school. site in a Municipal Association of Victoria (MAV) project to support community responses and actions in the ‘end of life’ stage. $20,000 will be provided to Council to participate in the demonstration project.

The Team will support Gadhaba Local indigenous Network to hold NAIDOC week celebrations with a BBQ and music in the centre median strip on Saturday 28 November. The event was rescheduled from July, after being cancelled due to poor weather. Walkers of the Week – Rio, Luna and Tenoch Foers

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Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017: Community Services Departmental Report

The Mansfield Shire Sports Facilities Strategy is progressing with final touches being made to the first draft.

Detailed drawings for the Mansfield Tennis All- ages development project have been completed with project construction to be released for tender early November.

Sports Complex user groups are rejoicing after the facilities floor boards were recoated in October bringing them back to near perfect Sweet Strings at the Mansfield Library for seniors week condition. Ten enthusiastic writers have taken up the Mansfield Library Mansfield Library and ‘NaNoWriMo’ challenge 4,576 people visited the Library in October to write 50,000 words during November. Local and 125 adults and 89 children attended the Author, Belinda Crawford, will mentor the 22 activities held. group through National Novel Writing Month. In early October Belinda ran an introductory The Library ran two movie afternoons in the session on time management, overcoming 2nd week of the school holidays. writers block, character development and story structure. The Library will host 4 write-ins during November.

School holiday movie afternoons at the Mansfield Library

The Library celebrated the Seniors Festival with two activities: Sienna achieving the 1000 books before school challenge at the Mansfield Library . 25 people attended ‘Sweet strings’. This was a beautiful concert of harp, violin, song Youth and bush poetry by Christine Middleton and The FReeZA team delivered the King of Street Tim Sheed. Skate Competition on 15 October 2017. Mansfield was the first regional town to take . COTA, the Centre for older Australians part in the series travelling around Australia. (VIC) led a session on ‘Pensions and other Over 30 of Australia’s finest street services for seniors’. 23 people attended. skateboarders travelled to Mansfield to compete.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017: Community Services Departmental Report

Discussions were held recently with the Active learner drivers in the L2P program Department of Environment and Education remain consistent, with 10 learners Training to discuss the implementation of the participating in October 2017. One of the Early Years Out of Home Care working group. learners successfully gained her probationary licence on 27 October 2017 with a score of AGED AND DISABILITY SERVICES 100%. The launch of the Seniors Festival for 2017 was a roaring success with Mayor, Cr Paul Volkering and guest speaker Nicky Goudberg opening to an appreciative crowd. There were door prizes and a raffle followed by morning tea with guests entertained by Denis Tucker.

Free smoke alarms were a surprise hit, with 30 being taken home by community members.

Many exciting events over the week included Millie Christopher getter her Ps a bus trip to the Jamieson region, movie sessions at MAC, come and try sessions for The Healthy Eating and Living Program is Life Ball, carpet bowls, table tennis and a currently being delivered by NESAY at the short ride along our beautiful Great Victorian Youth Centre. The program is a 5 week Rail Trail. The annual event is greatly program that provides an avenue for young anticipated by our senior community and is a people 15-25 years old to learn healthy great lead into the Spring Arts program 2017. cooking and build on other independent living skills. Six young people are participating in the TOURISM, EVENTS & ECONOMIC DEVELOPMENT program. The program is free and on completion each participant receives a Mansfield High Country Festival Certificate of Attainment and a gift hamper of Opening night festivities drew a large crowd at mixed kitchen items. the median strip ending with a sensational fireworks display at the Recreation Reserve. 360 young people visited the Mansfield Youth Centre in October 2017 in the following age 30 Grand Parade entries and some wonderful groups: participation made the parade one of the best • 12-14 years: 45 yet celebrating the theme Marvellous • 15-17 years: 189 Mansfield. Organisers of the Mansfield Picnic • 18-25 years: 126 Races reported record crowds and the weather certainly helped. The youth centre hosted 24 young scouts and their parents for an online Jamboree.

FAMILY, YOUTH AND CHILDREN’S SERVICES

Maternal Child Health MCH Birth Notifications Received: • October 2017 5 • October 2016 11

Our Maternal & Child Health Nurses recently attended a ‘Family Violence in a Child’s World’ at MACE.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017: Community Services Departmental Report

Targa High Country Industry Development - Great Victorian After the success of the new competitive Rail Trail (GVRT) Cycle Tourism Workshop street stage last year, Targa Australia ran the Council is contracted by the GVRT Marketing same format for this year. Committee to provide visitor services, marketing and industry development across The local Delatite Drivers Car Club had 10 the length of the trail. The recently held cars in the touring section and 40+ cars on industry workshop and mentoring held in Yea display. Their continued (volunteer) was well attended with about 30 people involvement greatly contributed to the success participating from a range of businesses. Pam of the event. Hume and Dani Roberts from our team

Great partnership co-operation was shown to worked with Eddie Wilson from Tourism North see another Targa High Country successfully East to facilitate the day. Industry staged and we thank Targa Australia, Mt development opportunities are one of the performance criteria in the agreement. Buller Mt Stirling Alpine Resort Management, CAMS, VicRoads, VicPolice and the many volunteers and workers across our business and community sectors.

WIN TV did an interview with Mark Perry of Targa Australia (aired 8 November 2017) who spoke about the suitability of our roads, positive economic impact, how important partnerships (Council RMB) are to the success of the event and the street stage.

Talk Wild Trout The 3rd conference was held on 11 November 2017 at the Performing Arts Centre, with presentations from leading scientists, managers and fishers about Victoria’s wild Visitor Centre trout fisheries. Fishing is an important Cup Day weekend was busy time for the contributor to our economy and is a valued Visitor Centre with 729 visitors over the 5 day activity by our residents. The conference was period (Fri-Tues). Opening hours have been borne out of the concerns over the health of reduced by 38% on this time last year and the wild trout population and Council visitor walk in numbers are only down 12%. supported Fisheries Victoria in making the conference happen. Weekend enquiry was predominantly centred on access to 4WD tracks including Craig's Hut Lake Eildon Festival and suggested walks/hikes in the region. A th This is the event’s 4 year and Jamieson key role for the staff is to encourage longer Community have taken up the offer to be part stays in region by suggesting things to do to of the event by running Jamieson River Fun keep them here and returning. which will be held at the junction of Jamieson and Goulburn Rivers on the Island. Jamieson Our team is currently undertaking an audit of joins Goughs Bay and Bonnie Doon in staging walks and hikes in the Mansfield Shire the event that is supported by Council to raise destination to inform a regional approach awareness of Lake Eildon at the onset of toward developing and marketing walks in the summer and provide activation opportunities High Country. for business and community in our smaller towns.

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Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017: Community Services Departmental Report

Throughout October, the VIC team provided Participation and Partnerships itinerary assistance to various groups for their Judy Dixon represented Council at the recent trips to Mansfield Shire, including members of Hume Economic Development Network Bayside Brighton Life Activities Club, Bendigo meeting. The day is hosted by RDV and Camera Club and Rowville Tours. The provides the opportunity for Councils to speak Mansfield Steiner School’s Grade 4 students to their strategic priorities and discuss issues enjoyed a short talk on the Felt Mural learning of common interest and share ideas. about the history of women in our region as Jobs remain a key theme and the importance part of their township history walk. of a business case to support funding applications was reinforced. Marketing Some lovely stories appeared in the last month promoting the GVRT, Mansfield Show, Targa, High Country Festival and the brewery trail. Some of these opportunities are supported by our team and others, such as the donkey story are community driven.

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Mansfield Shire Council – Corporate and Organisational Development Department Report

CORPORATE AND ORGANISATIONAL DEVELOPMENT REPORT November 2017

INFORMATION MANAGEMENT CUSTOMER REQUESTS

Planning System demonstrations have been CRMS statistics for the month show 112 arranged to take place in November 2017. customer requests registered with 94 open Preliminary examination of the tender responses requests closed during the month. The majority has taken plan. of requests opened were for Field Services (51.8%) and Local Laws (25.9%). Investigations have been undertaken into the use of A-Spec for ingest of as-built asset data New Events Department Events Closed Open Pend’g into Engineering Asset Systems. No Department 6 6 0 0 Aged & CUSTOMER SERVICE Disability 1 1 0 0 Services Customer Service has had a quieter month. Planning & 1 1 0 0 This has allowed the team to provide some Environment Environmental assistance to Community Services Department 3 2 1 0 (L2P brochure folding, Christmas invitations); Health Environmental Health (filing, adding data to Waste 3 3 0 0 Health Manager system); and Records (TRIM Engineering 4 3 0 1 work, record sorting). Customer Service & 7 6 0 1 More work has been undertaken updating Records contact and machinery information in Council’s Local Laws 29 23 0 6 Emergency Management plan. Field Services 58 49 5 4 112 94 6 12

RECORDS

INFORMATION TECHNOLOGY Records Administrator, Jane Carter, has completed her Advanced Diploma in Recordkeeping. This is in keeping with the Debtor integration with the Open Office Health requirement from a Records External Audit two Manager has been progressed. All health years ago that a member of the Unit is required premises now have debtor numbers and receive to have an official Recordkeeping qualification. invoices for their fees. A benefit is that health It is great for Jane to have completed this, and premises can now pay their fees via BPAY. It also that we have met this requirement. also simplifies processes for Customer Service and for Finance. Further integrations are The Records team have been undertaking planned. inductions for new staff.

The back-scanning rates project has moved forward as more time has become available.

Corporate and Organisational Development - Page 1 of 1

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

ENGINEERING AND WORKS DEPARTMENT REPORT October 2017

CAPITAL WORKS FIELD SERVICES

The Additional Playing Fields works are Major works for the month: progressing well with the contractor completing both the subsurface drainage and the automatic • Remove trees on rural roads (see photo) irrigation installation. Work in November will • Fill in for the school crossing attendant include the installation of topsoil and seeding. • Seal road, depressions and potholes in Mansfield town • Maintenance to toilets in Mansfield and Bonnie Doon • Installation of signs at Bonnie Doon • Installation of road counters in Merrijig area • Repair seats Mansfield Recreation Reserve and Playground • Spraying drains Mansfield township • Repair bore at Merton • Pipe cleaning in Ancona area and Mansfield town • Long reach mower (cow) removal of vegetation from shoulders in Howes Creek areas

• Gravel road potholing in Dry Creek Road, The refurbishment works at the Jamieson Hall Glen Creek Road and Withers Lane have been completed. The project consisted of • Grading Howes Creek area, Barwite, renovating the kitchen, replacing rotten window Howqua track and Fire tracks (see photo) sills, replacement of the front fence, replacement • Remove trees and pot holes Licola Road of the north facing weatherboards and external • Replace soft fall in Bonnie Doon Community painting. Centre and Lords Ground.

Tenders were received and evaluated for the Rural Road Resheet program and the Reseal Michael Desmond clearing a fallen tree from one of our roads. and Linemarking program.

Engineering and Works - Page16 1 of 3

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

Minor Works for the month:

• Maintenance and reporting of play grounds • Vandalism is still happening with a few hours a week spent repairing and replacing signs • Sealed roads maintenance • Road signs and drain cleaning in Mansfield, Bonnie Doon and Jamieson • Installation and removal of banners at the start of High Street • Street sweeper in Mansfield, Jamieson and Bonnie Doon • Working to complete CRMS issues • Staff training • The cleaning of the bins and the butt bins in Sporting oval freshly mowed by Greg Edwards. the CBD every 2 weeks Minor Works for the month:

• Check on progress of additional playing field and liaise with contractor regarding seeding (see photo of drainage trenching process) • Prepare for Funerals - 1 new double, 1 re-open and 1 ashes interment • Daily rubbish pick up walk through in Mansfield • Regular scheduled rail trail maintenance John Peachey grading Howqua track • Regular scheduled garden rounds • Regular scheduled mowing rounds Combined, three Graders Plant Hours: operated for 234 hours throughout the month of October.

PARKS & GARDENS

Major works for the month:

• Planting extra plants in and around Mansfield roundabout garden beds (see photo) • Oval mowing twice per week in the ideal spring growing conditions (see photo) • Mow, mow, mow - spring has arrived! • Maintenance and adjustments on all irrigation systems • Major mowing, brush cutting and weed Malcolm Edwards watering new roundabout garden bed. spraying assault on Goughs Bay

• Pruning street trees for vehicle and pedestrian trees in Mansfield and Bonnie Doon

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

TRAINING, STAFF NEWS, GENERAL UPDATES CEMETERY

Training, staff news and general update. During October there were 2 burials at Mansfield. • Conducted interviews for new gardener position. We received many applications The shelters have arrived for Bonnie Doon and and believe we have a great new gardener Jamieson Cemeteries, slabs have been poured who will start with us in early November and construction is hoped to commence prior to • Basic first aid training for three staff Christmas depending on staff availability.

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Mansfield Shire Council – Executive Services Department Report

EXECUTIVE SERVICES DEPARTMENTAL REPORT November 2017

EXECUTIVE Citizen Awards 2017 Draft Community Local Law No. 1 on Nominations for the following Awards, public exhibition announced on Australia Day 2018, are now At its October 2017 meeting, Council being advertised: endorsed (in principle) the Mansfield Shire Amenity, Environment and Community • Citizen of the Year Local Law No. 1. • Young Citizen of Year • Senior Citizen of the Year In accordance with the Local Government • Community Event of the Year Act 1989, the draft Local Law was gazetted in the Victorian Government Gazette, and a Nominations will be accepted up to 11 public exhibition period was determined, December 2017, and application forms can inviting members of the public to make be obtained from the municipal office or submission by 27 November 2017. from Council’s website.

A copy of the draft Local Law has been Revised Mansfield Shire Council Privacy made available from the municipal office, and Data Protection Policy Council’s website, Mansfield Library and at Council considers that the responsible various locations in the outlying towns. A handling of personal information is a key link to the document has also been aspect of democratic governance and is provided on Council’s Facebook page. strongly committed to protecting an individual's right to privacy. A Special meeting of Council is scheduled for 5 December 2017 to consider all Council’s Privacy and Data Protection submissions received. Policy has been reviewed and is presented to the Council at this month’s meeting for Citizenship Ceremony endorsement. On 17 October 2017, Mayor Cr Paul Volkering officiated at a citizenship The aim of this policy is to ensure that ceremony for Jamieson resident, James everyone handling personal data is fully Watts. James’ family and friends were on aware of the requirements and acts in hand to witness the occasion. accordance with data protection procedures. This document also highlights key data protection procedures within the organisation.

Council is committed to full compliance with its obligations under the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 and the Federal Privacy Act 1988. Council will comply with the Information Privacy Principles (IPPs) contained in the Privacy and Data Protection Act 2014.

Executive Services - Page 1 of 1 19 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017: Finance Departmental Report

FINANCE DEPARTMENTAL REPORT November 2017

ROAD NAMING These are now provided to Council’s There are two roads in the municipality contracted Valuer (LG Valuations Pty Ltd) currently undergoing the naming process. to review in consultation with the property These are located at Barjarg (off Harpers owners. If an adjustment is to be made, Lane) and Jamieson (off Jamieson-Licola the Valuer General will certify the adjusted Road). valuation and return the details to Council. Council will then adjust the Assessment Council has received public submissions and issue the ratepayer an amended for the Barjarg location and are currently notice. reviewing them against the Office of Geographic Names requirements. A SECOND INSTALMENT RATE NOTICES name will be selected and a proposal issued and exhibited for public comment The second instalments of rates notices or objection within the next month. have been issued. 5,588 notices were posted (67%) and 968 were emailed A public meeting to discuss the Jamieson (12%). proposal was held at the Jamieson CFA on 4 November 2017. There were 24 Council officers will make further efforts to people in attendance together with Cr increase the proportion of email notices. Harry Westendorp and Council officers Mandy Kynnersley and Bess Gillard. The 1,718 (21%) rate notices have already community were unable to come to a been paid in full and did not require consensus at that meeting and therefore second instalment notices. the process will be recommenced to find a new proposal. FOOD AND ACCOMMODATION REGISTRATION SYSTEM Officers encourage all members of the community to forward their submission for Officers have successfully integrated the the un-named road in Jamieson to Food and Accommodation Registration [email protected] system with our Finance system. The major benefits of this transition include: VALUATION OBJECTIONS • Enhanced payment options for Property owners have a right under the customers (BPAY, Council website, Valuation of Land Act 1960 to object to the credit card over the phone or in valuation of their property used for rating person at the municipal office). purposes. The objection period closed on • Improved data analysis which allows 31 October 2017 with a total of 16 more efficient follow up of outstanding objections received. registrations.

Finance - Page20 1 of 2 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017: Finance Departmental Report

RATE ARREARS AS AT 31 OCTOBER

Arrears Rates 149,223 Waste 88,025 Municipal 60,000 Sub Total 297,248

FSPL 40,464 TOTAL 337,712

500,000 450,000 400,000 350,000 300,000 Rate Arrears 2015 250,000 Rate Arrears 2016 200,000 Rate Arrears 2017 150,000 100,000 50,000 0 July May April June March August January October February November December September

Debtors over 90 days as at 31 October 2017

No Type $ 32 Community Services 5,683 4 Local Laws 562 7 Waste 1,219 11 Street Schemes 33,029 1 Cemetery 185 2 State Revenue Office 3,578 1 Community Development 33,715 1 Development Services (Planning) 19,880 TOTAL 97,104

Finance - Page 2 of 2 21 Mansfield Shire Council – Ordinary Meeting of Council: Development Services Department Report

DEVELOPMENT SERVICES STATISTICS - OCTOBER 2017

PLANNING

Planning Applications Lodged for the Month Type of Application Lodged New dwellings (2 with outbuildings) 7 Outbuildings 4 Buildings and Works (extension to existing dwelling) 2 Boundary realignment 1 Seven lot subdivision & native vegetation removal 1 Existing Use Rights – Trail Bike Riding 1 Removal of Covenant (tree removal) 1 TOTAL 17 (includes combined applications)

Planning Applications Determined for the Month Type of Application Determined Dwelling (2 with outbuilding) 7 Three Dwellings (units) 1 Outbuildings 3 Buildings & Works (showroom & office Martins Garage) 1 Buildings & Works (replacement telecommunications facility 1 Jamieson Licola Road Jamieson) Buildings & Works (Commercial Hotel) 1 Building & works (retaining wall) 1 Three lot subdivision 1 Two lot subdivision 1 Boundary realignment 1 Withdrawn applications 2 TOTAL 20

Other Planning Consents & Enquiries Statement of Compliance 3 Secondary Consent 1 Extension of time 2 Assess planning permit conditions 1

Development Services - Page 1 of 5 22 Mansfield Shire Council – Ordinary Meeting of Council: Development Services Department Report

Certification Applications Lodged for the Month Application Date Application Type Location No Lodged Stage Certification of Plan of Under S110723C/17 02/10/2017 Reardon Land Mansfield Subdivision assessment Certification 2 lot Under S111833B/17 26/10/2017 41 Peacheys Lane Barjarg subdivision assessment Certification 2 lot 81 Highett Street Under S1118774E/17 26/10/2017 subdivision Mansfield assessment

Days Taken to Approve Planning Application JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 1 - 30 days 2 4 4 0 1 3 4 3 0 5 26 31 - 60 days 2 4 6 4 5 4 7 11 3 6 52 Over 60 days 6 11 9 8 11 8 7 10 13 7 90 Withdrawn / Permit not 0 4 1 1 1 3 0 2 0 2 14 req. / Lapsed Number of applications 10 23 20 13 18 18 18 26 16 20 0 0 182 finalised

Delegated Planning Approvals File No. Description Property Address

DA4064/2 Buildings & Works (showroom and office) 52-54 Chenery Street Mansfield

DA6715 Development of 3 dwellings 12 Adams Street Mansfield

DA6605 Two lot subdivision 2487 Mt Buller Road Merrijig Development of dwelling & native DA3547 6 Bushland Close Tolmie vegetation removal DA6751 Development for dwelling 10 Overflow Road Sawmill Settlement

DA6752 Development for dwelling 9 Meadow View Court Merrijig Buildings & works (replacement DA2558 Jamieson Licola Road Jamieson telecommunications facility) DA6365 Use & development for dwelling 719 Sonnberg Drive Bonnie Doon

DA6491 Use & development dwelling & shed 191 McLeod Lane Mansfield

DA2574 Development of store (Lot 2) 217 Donaldsons Road Ancona

DA5439 Boundary realignment 22 Paxtons Lane Mansfield

Development Services - Page 2 of 5 23 Mansfield Shire Council – Ordinary Meeting of Council: Development Services Department Report

Delegated Planning Approvals cont. File No. Description Property Address

DA2574 Development of outbuilding (Lot 1) 217 Donaldsons Road Ancona

DA6766 Use & development for a dwelling 131 Star of the Glen Road Bonnie Doon

DA6748 Development of dwelling & outbuilding 190 Merinda Way Mansfield

DA6786 Development of 2 outbuildings 28 Maintongoon Park Road Woodfield

DA1696/2 Buildings & works in a Commercial Zone 83 High Street Mansfield 2740 Mansfield Woods Point Road DA3348 Buildings & works (retaining wall) Howqua Inlet DA6715 Three lot subdivision 12 Adams Street Mansfield

BUILDING

Monthly Comparative Value of Building Permits Lodged

2017-18 2016-17 2015-16 JUL $2,806,374 $1,239,521 $2,882,301

AUG $2,575,688 $3,028,490 $2,036,159 SEP $3,525,850 $3,283,640 $4,076,727

OCT $3,669,368 $3,087,059 $3,980,488 NOV $2,840,190 $4,195,913

DEC $1,287,616 $2,340,597 JAN $4,662,701 $1,931,990

FEB $3,473,971 $3,256,275 MAR $5,215,249 $3,259,043

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

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

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

TOTAL $12,577,280 $36,720,571 $38,126,336

Development Services - Page 3 of 5 24 Mansfield Shire Council – Ordinary Meeting of Council: Development Services Department Report

Monthly Comparison of Permits Lodged for Dwellings 2017-18 2016-17 2015-16 JUL 7 7 3 3 10 10 AUG 7 14 11 14 5 15 SEP 8 22 9 23 12 27 OCT 9 31 10 33 12 39 NOV 6 39 9 48 DEC 5 44 6 54 JAN 9 53 5 59 FEB 10 63 11 70 MAR 9 72 9 79 APR 11 83 9 88 MAY 12 95 10 98 JUN 3 98 11 109 TOTAL 31 98 109

Value of Building Permits Lodged with Council Type Number Value RESIDENTIAL (5 Rural, 4 Township) 9 $2,931,178 ALT & ADDITIONS 1 $21,000 DOMESTIC SHEDS & CARPORTS 7 $200,540 SWIMMING POOLS & FENCES 5 $187,750 COMMERCIAL & PUBLIC AMENITIES 1 $328,900 TOTAL COST OF BUILDING WORKS 23 $3,669,368

Development Services - Page 4 of 5 25 Mansfield Shire Council – Ordinary Meeting of Council: Development Services Department Report

SEPTIC

Septic Applications Lodged, Approved and Issued for the Month Applications Permits to Install Permits to Use

Lodged Issued Issued JUL 5 5 7 AUG 4 9 6 SEP 6 4 3 OCT 5 3 2 TOTAL 20 21 18

Septic Applications Lodged 2017-18 2016-17 2015-16 JUL 5 5 5 5 8 8 AUG 4 9 8 13 7 15 SEP 6 15 4 17 15 30 OCT 5 20 8 25 7 37 NOV 7 32 5 42 DEC 5 37 8 50 JAN 2 39 3 53 FEB 4 43 7 60 MAR 12 55 2 62 APR 6 61 5 67 MAY 6 67 3 70 JUN 6 73 5 75 TOTAL 20 73 75

Development Services - Page 5 of 5 26 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2 DEVELOPMENT SERVICES

10.2.1 Planning Scheme Amendment C39 Heritage Overlay – Correction of Resolution

File Number: E4671 Responsible Officer: Senior Strategic Planner, Kathy Richardson

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in this matter.

Introduction

This report seeks a correction to the Council resolution of item 10.2.2 Planning Scheme Amendment C39 Heritage Overlay: Submissions to Exhibition of 19 September 2017 (see attachment – Appendix B). The Council resolution to that report omitted the wording regarding the adoption of the amendment. The intent of the report was for Council adoption of the amendment with changes following exhibition and this was discussed in the body of the report.

In order for the amendment to progress in the approval process with the Minister for Planning, the amendment has to be adopted by Council in accordance with Section 31(1) of the Planning and Environment Act 1987 (the Act).

Background

At the 19 September 2017 Council meeting a report was presented to Council on the submissions to Planning Scheme Amendment C39 Heritage Overlay (see attachment – Appendix A). This report outlined the content of the submissions and any issues arising from them. Only one submission raised issues with the amendment and this was addressed through clarification of the citation in the survey and a change to the mapping. Henceforth the submission was withdrawn and there was no necessity to convene a Planning Panel. The Council resolution therefore asked that Council:

a) Note the submissions to the Planning Scheme Amendment C39 Heritage Overlay; b) Request the Minister for Planning to approve Mansfield Planning Scheme Amendment C39 with changes (as outlined in Appendix A) in accordance with section 35 of the Planning and Environment Act 1987.

The Amendment documentation was then forwarded to the Department of Environment, Land, Water and Planning to review. During its review it was found that the Council resolution did not accord with the requirements of the Act, specifically Section 31(1) Planning authority to submit amendment to Minister which states:

“A planning authority other than the Minister must submit an adopted amendment to the Minister together with the prescribed information.”

This report seeks to rectify the resolution in order to progress the amendment in the approval process which is currently underway. The amended resolution is to add another step to include the adoption of the amendment with changes.

2727. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.1 Planning Scheme Amendment C39 Heritage Overlay – Correction of Resolution cont.

Statutory Requirements

The amendment cannot be progressed without compliance with the Planning and Environment Act 1987 and the formal adoption by Council of the amendment.

Council Plan

The Planning Scheme Amendment C39 Heritage Overlay is consistent with Strategic Direction Four, Enhanced Liveability: Strategic Objective 4.4 ‘We have strong policy and decision making frameworks in place to protect and enhance the unique character of our Shire for future generations’.

(The Mansfield Shire Council Plan 2013-2017 committed to the following heritage and character issues: ‘Prepare a thematic history of Mansfield in accordance with guidelines of funding received from State Government’.)

Financial

There are no additional costs associated with amending the resolution.

Social

There are no additional social impacts associated with amending the resolution.

Environmental

There are no additional environmental impacts associated with amending the resolution.

Economic

There are no additional economic impacts associated with amending the resolution.

Risk Management

If the resolution is not amended the amendment will not progress to approval by the Minister for Planning. Risk management associated with this report ensures that the amendment will progress.

Community Engagement

There is no community engagement associated with amending the resolution as it is a wording correction and does not affect the intent of the report of 19 September 2017.

28. 28 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.1 Planning Scheme Amendment C39 Heritage Overlay – Correction of Resolution cont.

Officer’s Comments

It is the officer’s recommendation that Council amend the resolution of item 10.2.2 Planning Scheme Amendment C39 Heritage Overlay of the Council Meeting 19 September 2017 to include the adoption of Planning Scheme Amendment C39 with changes in accordance with the proposed wording. This will enable further progression of the approval of the amendment by the Minister for Planning.

Councillors Westendorp/Attley:

That Council: a) Note the submissions to the Planning Scheme Amendment C39 Heritage Overlay; b) Adopt Mansfield Planning Scheme Amendment C39 with changes (as outlined in Appendix A) in accordance with section 31(1) of the Planning and Environment Act 1987; c) Submit the adopted Mansfield Planning Scheme Amendment C39 to the Minister for Planning to approve in accordance with section 35 of the Planning and Environment Act 1987. Carried

29. 29 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

ATTACHMENT 10.2.1

PLANNING SCHEME AMENDMENT C39 HERITAGE

OVERLAY – CORRECTION OF RESOLUTION

(38 PAGES)

30. 30 Appendix A

Planning and Environment Act 1987

MANSFIELD PLANNING SCHEME

AMENDMENT C39

EXPLANATORY REPORT

Who is the planning authority? This amendment has been prepared by the Mansfield Shire Council, which is the planning authority for this amendment. The amendment has been made at the request of Mansfield Shire Council.

Land affected by the amendment The amendment applies to the following 32 places with local heritage significance:

Jamieson Heritage Place Address Land Parcel Overlay Ref Diggers Exchange 27-29 Bank Street, Jamieson Crown Allotment 2 HO51 Hotel Section 9 Township of Jamieson Colonial Bank / 39 Bank Street, Jamieson Crown Allotments 6, 7, 8 & 9 HO52 Duck Inn Section 9 Township of Jamieson Memorial Hall 15 Perkins Street, Jamieson Lot 1 TP659175 HO53 Post Office 20 Perkins Street, Jamieson Crown Allotment 1 Section 11 HO54 Township of Jamieson Primary School 1 The Sideling, Jamieson Crown Allotments 1, 2, 3 & 4 HO55 Section 3 Township of Jamieson School Residence 5 The Sideling, Jamieson Crown Allotment 5 HO56 Section 3 Township of Jamieson

Mansfield Heritage Place Address Land Parcel Overlay Ref Alzburg Comfort 39 Malcolm Street, Mansfield Lot A PS545668 HO3 Resort (previously Convent of Mercy and Sacred Heart

31 College) Mechanics’ Institute 64-66 Ailsa Street, Mansfield Crown Allotment 2A Section 2 HO4 and Lot 1 TP762866 Herbert John High Street median strip, HO5 Goodman Memorial Mansfield (east of Highett Street roundabout) Memorial Trough High Street median strip HO6 (east of Highett Street roundabout) Samuel Reynolds High Street median strip HO7 MD Memorial (near intersection of Highett Street) Famers Bank 149 High Street, Mansfield Lot 1 LP148314 HO8 Henry Partners 105-111 High Street, Lot 1 PS349193 HO9 (former Sartain Mansfield Building) High Country 99-103 High Street, Lot 2 PS316494 HO10 Apparel (Former Mansfield Mansfield Men’s Club) Delatite Hotel 95-97 High Street, Mansfield Lot 1 PS316494 HO11 Mansfield Sweets 91 High Street, Mansfield Lot 1 LP77919 HO12 (former Cahn’s Shop) Commercial Hotel 83 High Street, Mansfield Lot 1 PS618344 HO13 Davies Building 47-51, 53 and 55 High Street, Lot 1 TP121898, HO14 Mansfield Lot 1 TP695078, and Lot 1 TP839934 McKenzie’s Building 50 and 52 High Street, Lots 9 & 10 PS723001 HO15 Mansfield National Australia 76 High Street, Mansfield Lot 1 TP513763 HO16 Bank Mansfield Hotel 86 High Street, Mansfield Lot 1 PS421098 HO17 Mansfield Post 90 High Street, Mansfield Crown Allotment 1A, Section HO18 Office 32, TP526227 1. 177 High Street, Mansfield Crown Allotment 59A Mansfield (Maroondah Highway)

2. Walker Street, Mansfield Lot 1 TP532150 Saw Dust Kilns (3) HO19

3. Walker Street, Mansfield Lot 23 LP2044

War Memorial Gates Highett Street (entry to Crown Allotment 13 HO20 Mansfield Recreation Section 32 Reserve) Mansfield McMillan’s Store 23 Highett Street, Mansfield Lot 6 PS414402 HO21

32 Bank of NSW 24F Highett Street, Mansfield Lot 1 PS639384 HO22 (Tavistock House) Masonic Hall 26 Highett Street, Mansfield Lot 1 TP420433 and Lot 1 HO23 TP389485

Fire Station 28 Highett Street, Mansfield Lot 1 TP674826 HO24 RSL Hall 30 Highett Street, Mansfield Lot 1 TP372441 HO25 Magnolia House 190 Mt Buller Road, Lot 1 PS613680 HO26 Mansfield

What the amendment does The amendment proposes to apply the Heritage Overlay to 32 places within Mansfield and Jamieson townships which have been identified in the Shire of Mansfield Stage One Heritage Survey (10 June 2015) as being of local heritage significance. The amendment proposes to: • Apply the Heritage Overlay to 32 individual places with local heritage significance; • Replace the Schedule to Clause 43.01 Heritage Overlay with a new Schedule to include 32 of the places identified in the Shire of Mansfield Stage One Heritage Survey (10 June 2015); and • Amend Planning Scheme Maps Nos 11HO, 12HO (Mansfield) and 26HO (Jamieson).

Strategic assessment of the amendment

Why is the Amendment required? The amendment is required for the following reasons: • To identify land of local heritage significance to the Mansfield Shire Council. • To implement recommendations of the Shire of Mansfield Stage One Heritage Survey (10 June 2015). • To apply the Heritage Overlay to 32 places and include those places in the schedule to the Heritage Overlay. • To ensure the local heritage significance of the places and structures on those 32 places are conserved as identified in the Shire of Mansfield Stage One Heritage Survey (10 June 2015). • To realise the purpose of funding provided by Heritage Victoria, to progress an indicative heritage survey. A limited number of places has been identified to match the funding provided so the Shire of Mansfield Stage One Heritage Survey (10 June 2015) is not a complete heritage survey for Mansfield Shire. While the Shire of Mansfield Stage One Heritage Survey (10 June 2015) does not comprehensively close the current gaps in Mansfield Shire’s heritage knowledge, it is a first step in providing an outline of each place’s heritage history and significance. A study would involve a greater analysis of each place’s heritage significance and its comparative value amongst similar buildings within the district, region, state or nationally. Due to limited resources, this amendment is also unable to resolve some issues highlighted in clause 21.03-4 such as: • A lack of obvious information to explain the history of Mansfield, including the age and significance of some of the key buildings,

33 • The lack of identification of Mansfield Shire’s heritage assets, • The tourism and economic potential of Mansfield Shire’s heritage, and • The importance of the heritage values of the Big and Howqua Rivers. It is however hoped that this amendment will provide some impetus to future heritage work. As pointed out in the Shire of Mansfield Stage One Heritage Survey (10 June 2015) report, Heritage Victoria accepts the methodology used in the survey. Council’s Heritage Adviser, Ivar Nelsen, recommended that the survey does not qualify to be considered a Heritage Study, which requires further in-depth analysis. Given that this is a limited survey in scope and geography and is not considered a heritage area study as defined by Heritage Victoria, it is anticipated that its status in the Mansfield Planning Scheme will be considered at a later stage as a reference document in the Mansfield Planning Scheme.

How does the Amendment implement the objectives of planning in Victoria? The amendment seeks to fulfil the objectives outlined in Section 4(1)(d) of the Planning and Environment Act 1987 which seeks to provide for the conservation and enhancement of those buildings, areas or other places which are of scientific, aesthetic, architectural or historic interest, or otherwise of special cultural value, and in Section 4(1)(g) to balance the present and future interests of all Victorians. It achieves those objectives by seeking to identify heritage places proposed in this amendment, through the Heritage Overlay, so that it can be conserved, and its historic importance enhanced through careful consideration of any future works on the 32 heritage places. This is crucial as historic places are physical evidence and links to Mansfield and Jamieson’s past which contributes to the attractiveness of Mansfield Shire and aids its economic and cultural wellbeing and the vibrancy of street life. The preservation and appreciation of historic places will also contribute to the soul of both Mansfield and Jamieson Townships.

How does the Amendment address any environmental, social and economic effects? Environmental effects: The amendment will not have any detrimental effects on the environment. It is anticipated that the protection of heritage places will achieve sustainable development through the retention of existing infrastructure and resources and reduced demand for new construction materials. The amendment will make a significant contribution to the built environment of Mansfield Shire by assisting in the conservation of heritage places. Social and economic effects: The amendment is expected to have positive social and economic benefits for landowners, Mansfield Shire Council and the community. Positive social and economic effects will result from the amendment through: • Adding to the general understanding of cultural history within the Mansfield Shire. • Recognising the positive contribution that historically significant places make to Mansfield Shire. • Providing a link to the past and creating a sense of place and cultural identity. • Protection of the built environment and heritage of the Jamieson and Mansfield Townships; and • Enabling the enhancement of the places to be a considered process. This 21 heritage places in the amendment is in addition to the current 31 places already protected by the Heritage Overlay in the Mansfield Planning Scheme. Those 31 places were protected through the Delatite Planning Scheme in 1999, when the Victoria Planning Provisions were first introduced.

34 Some 12 places are excluded from this amendment where property owners had indicated that they did not want their properties to be included in this amendment. This outcome fulfils the Mansfield Shire Council’s resolution on 17 February 2015 to undertake the amendment but only include those places which are public land or where landowners wish to have their properties included into the Heritage Overlay. Although the conservation of heritage values may impose some obligations on landowners, the recognition of heritage character can have positive economic benefits both to specific sites and for areas in general. The inclusion of a site within the Heritage Overlay does not prohibit changes to that site or building, but rather requires an approval process whereby heritage characteristics can be properly addressed, along with other factors. Potentially, the conservation of heritage places can add to the tourism industry in the form of increased number of visitors or residents to the area.

Does the Amendment address relevant bushfire risk? It is considered that the amendment will not result in an increase in bushfire risk as the application of the heritage overlay to the subject land does not exempt future development from addressing bushfire risk. The heritage places in Jamieson and the three Saw Dust Kilns are currently classified as Bushfire Prone Area. The nature of this amendment will not result in increased development potential, or change the use of the land, which is identified as being at risk from bushfire. The impending VC amendment which will introduce a revised mapping of the Bushfire Management Overlay in Mansfield Shire will include all the heritage places in Jamieson. It is considered that bushfire risk is not affected by the implementation of the recommendations of the heritage survey to apply heritage controls to properties. The changes will not result in any increase to the risk to life, property, community infrastructure, or the natural environment from bushfire.

Does the Amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment is consistent with Minister’s Direction No. 11 Strategic Assessment of Amendments, under Section 12 of the Planning and Environment Act 1987, and complies with the Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Act. All requirements to be met under the direction have been considered and fulfilled in the preparation of the amendment. The amendment also complies with Practice Note 1: Applying the Heritage Overlay.

How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy? Amendment C39 seeks to achieve the broad objectives of State Planning Policy Framework through: • Clause 11.05-4 Regional Planning Strategies and Principles which directs the avoidance of “development impacts on land that contains…cultural heritage…values” and “encouraging high quality urban and architectural design which respects the heritage, character and identity of each settlement”. • Clause 11.06-9 Cultural Heritage and Landscapes which recognises “the importance of cultural heritage and landscapes as economic and community assets” by ensuring the protection of “cultural heritage assets that are important for attracting tourists to the region”. • The Hume Regional Plan in Clauses 11.10-1 and 11.10-2 A Diversified Economy and Environmental Assets which recognise the need to support and protect heritage assets and maximise the regional benefit from them. More specifically, this amendment seeks to fulfil the development response and respect of cultural heritage outlined through Clauses 15.01 and 15.03:

35 • Clause 15.01-1 Urban Design By requiring development to respond to its context in terms of…cultural heritage…; • Clause 15.01-3 Neighbourhood and Subdivision Design Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values; and • Clause 15.01-5 Cultural Identity and Neighbourhood Character Ensuring development responds to its context and reinforces special characteristics of local environment and place by emphasising…the heritage values and built form that reflect community identity”. • Clause 15.03 Heritage By ensuring the conservation of places of heritage significance through:

o The documentation of places of…cultural heritage significance, o Encouraging appropriate development that respects places with identified heritage values,

o Retaining elements that contribute to the importance of the heritage place, and

o Ensuring an appropriate setting and context for heritage places is maintained or enhanced. Amendment C39 thus gives effect to the above clauses in the State Planning Policy Framework by identifying and seeking to protect places of local cultural heritage significance within the Mansfield and Jamieson Townships. Through the heritage planning controls, the amendment fulfils the State Planning Policy Framework objectives by providing guidance on how future development can aid and enhance the conservation of local heritage in both townships, and protect significant places, sites and buildings from inappropriate development or demolition.

How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? The importance of Mansfield Shire’s cultural heritage is recognised through clauses 21.01-6 The 30 year vision and Strategic Plan, 21.03-4 Heritage, and 21.06 Tourism in the Local Planning Policy Framework. Clause 21.01-6 The 30 year vision and Strategic Plan acknowledges that “Mansfield Shire’s cultural and environmental heritage is of national significance… (and) together with outstanding rural landscapes and strong local communities, provides the base for the maintenance and enhancement of the lifestyle opportunities”. Clause 21.03-4 Heritage further explains how the character of the shire is linked to its heritage, “expressed most clearly through its extant original buildings (such as)…prominent buildings within the central retail area of High Street,…as well as less obvious residential buildings.” This amendment aims to address the lack of documentation and research into the significance of the extant built heritage of Mansfield, as identified in this clause (21.03-4), through the Shire of Mansfield Stage One Heritage Survey (10 June 2015). The survey explicitly states the heritage value of each identified place in the report and distinguishes the original features from the newer and more modern features. The amendment seeks to recognise the importance of heritage to Mansfield Shire through the identification of heritage places within the Mansfield Shire, and applying the Heritage Overlay to those buildings and structures. The amendment acknowledges that heritage contributes to the character of the shire, as expressed in Clauses 21.01-6 and 21.03-4. More specifically, Clause 21.03-4 states how the shire’s heritage is most obvious in its existing original buildings and some less obvious residential buildings. The Local Planning Policy Framework recognises heritage assets as vital features for the built and natural environment, and irreplaceable records of cultural development.

36 In addition, this amendment delivers part of the future work identified in Clause 21.08 Future Work, which is the preparation and implementation of a Mansfield Heritage Study and Overlay but does not necessitate the removal of that line from that clause as this survey is not a comprehensive study of the Mansfield Shire’s identified heritage places. The Amendment thus seeks to fulfil the strategies and achieve the outcomes identified in the Municipal Strategic Statement. It also seeks to support the need for “better protection for the Shire’s heritage buildings through heritage overlays, particularly in small towns such as Jamieson” which was highlighted in the review of the Council Plan adopted on 28 June 2016.

Does the amendment make proper use of the Victoria Planning Provisions? The application of the Heritage Overlay controls is the most appropriate Victoria Planning Provisions (VPP) tool for the management of heritage places as identified in this amendment. The amendment has been prepared in accordance with the VPP Practice Note titled ‘Applying the Heritage Overlay, September 2012’.

How does the amendment address the views of any relevant agency? The Department of Education and Training (DEET), VicRoads and the Crown Land Unit of the Department of Environment, Land, Water and Planning (DELWP) were consulted during the preparation of the amendment. DEET had no objections to the heritage overlay being applied to Jamieson Primary School and its related buildings, and affirmed the Department’s commitment to preserving and respecting Victorian heritage. The Crown Land Unit of DELWP noted that there are no requirements under the Native Title Act 1993 for this amendment in relation to the four public land sites at: 1. 64-66 Ailsa Street, Mansfield (Mechanics Institute), 2. Saw Dust Kiln (Maroondah Highway (High Street, Mansfield) - reflected as HO18 in the Heritage Overlay Map 11 3. War Memorial Gates (Highett Street on the western end of Ailsa Street, Mansfield) - reflected as HO11 in the Heritage Overlay Map 12 4. Jamieson Primary School (1 The Sideling, Jamieson) - reflected as HO55 in the Heritage Overlay Map 26.

The Crown Land Unit of DELWP noted that Native Title has been extinguished at each location. This is due to the land historically being freehold in the case of the kiln located on former railway land, and the remaining buildings having been established well before 1993 by on behalf of or with the authority of the Crown. VicRoads noted that the Heritage Overlay applied to small areas within the road reserve that were localised around heritage features and was supportive of this amendment.

Does the amendment address relevant requirements of the Transport Integration Act 2010? The amendment is not considered to have an adverse impact on the transport system. Several heritage places in this amendment have the heritage overlay coverage extending slightly into Road Zone 1 in order to ensure the heritage protection is extended to its verandah. This is to ensure that if any future use and/ or development results in an impact on maintenance or changes to the transport system (physical and labour components), that the impact of the future use and/ or development on the various components of the transport system will be considered.

37 Resource and administrative costs

• What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The amendment creates a trigger for any buildings and works, or demolition, of places within the Heritage Overlay. Administering the heritage controls will not create an unreasonable burden on the resource and administrative costs of Council as the responsible authority.

Where you may inspect this Amendment The Amendment is available for public inspection, free of charge, during office hours at the following places: Mansfield Shire Council 33 Highett Street, Mansfield. The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.

Planning and Environment Act 1987

MANSFIELD PLANNING SCHEME

AMENDMENT C39

INSTRUCTION SHEET

The planning authority for this amendment is the Mansfield Shire Council.

The Mansfield Planning Scheme is amended as follows:

Planning Scheme Maps

The Planning Scheme Maps are amended by a total of 4 attached map sheets. Overlay Maps

1. Amend Planning Scheme Map Nos. 11HO, 12HO, and 26HO in the manner shown on the 4 attached maps marked “Mansfield Planning Scheme, Amendment C39”.

Planning Scheme Ordinance

The Planning Scheme Ordinance is amended as follows:

2. In Local Planning Policy Framework – replace Clause 21.04 with a new Clause 21.04 in the form of the attached document.

3. In Overlays – Clause 43.01 replace the Schedule with a new Schedule in the form of the attached document.

End of document

39 43.01 HERITAGE OVERLAY 21/09/2009 VC60 Shown on the planning scheme map as HO with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places. To ensure that development does not adversely affect the significance of heritage places. To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

Scope

The requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land. Heritage places may also be shown on the planning scheme map.

43.01-1 Permit requirement 21/09/2009 VC60 A permit is required to:

. Subdivide land.

. Demolish or remove a building.

. Construct a building or construct or carry out works, including:

. Domestic services normal to a dwelling if the services are visible from a street (other than a lane) or public park.

. A solar energy facility attached to a building that primarily services the land on which it is situated if the services are visible from a street (other than a lane) or public park.

. A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public park.

. A fence.

. Road works and street furniture other than:

– traffic signals, traffic signs, fire hydrants, parking meters, post boxes and seating

– speed humps, pedestrian refuges and splitter islands where the existing footpaths or kerb and channel are not altered.

. A domestic swimming pool or spa and associated mechanical and safety equipment.

. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level.

. A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level.

. Non-domestic disabled access.

HERITAGE OVERLAY PAGE 1 OF 4 40 . Bicycle pathways and trails.

. Externally alter a building by structural work, rendering, sandblasting or in any other way.

. Construct or display a sign.

. Externally paint a building if the schedule to this overlay identifies the heritage place as one where external paint controls apply.

. Externally paint an unpainted surface.

. Externally paint a building if the painting constitutes an advertisement.

. Internally alter a building if the schedule to this overlay identifies the heritage place as one where internal alteration controls apply.

. Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials.

. Remove, destroy or lop a tree if the schedule to this overlay identifies the heritage place as one where tree controls apply. This does not apply:

. To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998.

. If the tree presents an immediate risk of personal injury or damage to property.

43.01-2 No permit required 15/09/2008 VC49 No permit is required under this overlay:

. For anything done in accordance with an incorporated plan specified in a schedule to this overlay.

. To internally alter a church for liturgical purposes if the responsible authority is satisfied that the alterations are required for liturgical purposes.

. For interments, burials and erection of monuments, re-use of graves, burial of cremated remains and exhumation of remains in accordance with the Cemeteries and Crematoria Act 2003.

. To develop a heritage place which is included on the Victorian Heritage Register.

43.01-3 Exemption from notice and review 15/09/2008 VC49 An application under this overlay for any of the following classes of development is exempt from the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act:

. Demolition or removal of an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is identified in the schedule to this overlay.

. Demolition or removal of a fence unless the fence is identified in the schedule to this overlay.

. External alteration of a building.

. External painting.

. Construction of a fence.

HERITAGE OVERLAY PAGE 2 OF 4 41 . Construction of a carport, garage, pergola, verandah, deck, shed or similar structure.

. Domestic services normal to a dwelling.

. Carry out works, repairs and routine maintenance.

. Internally alter a building.

. Non-domestic disabled access ramp.

. Construction of a vehicle cross-over.

. Construction of a domestic swimming pool or spa and associated mechanical equipment and safety fencing.

. Construction of a tennis court.

. Construction of a rainwater tank.

. Construction or display of a sign.

. Lopping of a tree.

. Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.

43.01-4 Decision guidelines 15/09/2008 VC49 Before deciding on an application, 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 significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place.

. Any applicable statement of significance, heritage study and any applicable conservation policy.

. Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place.

. Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place.

. Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place.

. Whether the proposed works will adversely affect the significance, character or appearance of the heritage place.

. Whether the proposed subdivision will adversely affect the significance of the heritage place.

. Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place.

. Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place.

. Whether the lopping or development will adversely affect the health, appearance or significance of the tree.

HERITAGE OVERLAY PAGE 3 OF 4 42 43.01-5 Use of a heritage place

15/09/2008 VC49 A permit may be granted to use a heritage place (including a heritage place which is included on the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following apply:

. The schedule to this overlay identifies the heritage place as one where prohibited uses may be permitted.

. The use will not adversely affect the significance of the heritage place.

. The benefits obtained from the use can be demonstrably applied towards the conservation of the heritage place.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider the effect of the use on the amenity of the area.

43.01-6 Aboriginal heritage places 17/09/2007 VC45 A heritage place identified in the schedule to this overlay as an Aboriginal heritage place is also subject to the requirements of the Aboriginal Heritage Act 2006.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

HERITAGE OVERLAY PAGE 4 OF 4 43 MANSFIELD PLANNING SCHEME

14/03/2013 VC85 SCHEDULE TO CLAUSE 43.01 HERITAGE OVERLAY --/--/---- Proposed C39 The requirements of this overlay apply to both the heritage place and its associated land.

HO34 Stockyard Creek Gold - - - - Yes No No Mining Diversion Sluice Ref No H1255 Howqua Hills Track, Sheepyard Flat, Howqua.

HO35 Howqua United Gold - - - - Yes No No Treatment Works Ref No H1279 Howqua Track , Howqua Historic Reserve, Sheepyard Flat, Howqua.

HO36 Royal Standard Gold - - - - Yes No No Battery Site Ref No H1270 Royal Standard Spur Track,

OVERLAYS - CLAUSE 43.01 - SCHEDULE PAGE 1 OF 8 44 MANSFIELD PLANNING SCHEME

HO74 Leichardt Gold Crushing - - - - Yes No No Battery Wye’s Creek Ref No H1914 Pemburthy HO75 Spring Creek Sawmill and - - - - Yes No No Seasoning Works Ref No H1824 Mount Samaria State Park, Bridge Creek Local Significance HO3 Alzburg Comfort Resort Yes No No No No Yes None specified No (previously Convent of Mercy and Sacred Heart College) 39 Malcolm Street, Mansfield HO4 Mechanics’ Institute Yes No No No No Yes None specified No 64-66 Ailsa Street, Mansfield HO5 Herbert John Goodman Yes No No No No No None specified No Memorial High Street median strip, Mansfield HO6 Memorial Trough Yes No No No No No None specified No High street median strip, Mansfield HO7 Samuel Reynolds MD Yes No No No No No None specified No

OVERLAYS - CLAUSE 43.01 - SCHEDULE PAGE 2 OF 8 45 MANSFIELD PLANNING SCHEME

PS Heritage place External Internal Tree Outbuildings Included on the Prohibited Name of Aboriginal map Paint Alteration Controls or fences not Victorian Heritage uses Incorporated heritage ref Controls Controls apply? exempt under Register under the permitted Plan under place? apply? apply? Clause 43.01- Heritage Act ? Clause 43.01-2 3 1995? Memorial High Street median strip, Mansfield HO8 Former Farmers’ Bank Yes No No No No Yes None specified No 149 High Street, Mansfield HO9 Former Sartain Building Yes No No No No Yes None specified No 105-111 High Street, Mansfield HO10 Former Mansfield Men’s Yes Yes No No No Yes None specified No Club 99-103 High Street, Mansfield HO11 Delatite Hotel Yes No No No No Yes None specified No 95-97 High Street, Mansfield HO12 Former Cahn’s Shop Yes No No No No Yes None specified No 91 High Street, Mansfield HO13 Commercial Hotel Yes Yes No No No Yes None specified No 83 High Street, Mansfield HO14 Davies Building 47-51, 53, 55 High Street Mansfield HO15 McKenzie’s Building 50 and 52 High Street, Mansfield HO16 National Australia Bank 76 High Street, Mansfield

OVERLAYS - CLAUSE 43.01 - SCHEDULE PAGE 3 OF 8 46 MANSFIELD PLANNING SCHEME

PS Heritage place External Internal Tree Outbuildings Included on the Prohibited Name of Aboriginal map Paint Alteration Controls or fences not Victorian Heritage uses Incorporated heritage ref Controls Controls apply? exempt under Register under the permitted Plan under place? apply? apply? Clause 43.01- Heritage Act ? Clause 43.01-2 3 1995? HO17 Mansfield Hotel 86 High Street, Mansfield HO18 Mansfield Post Office Yes No No No No Yes None specified No 90 High Street, Mansfield HO19 Saw Dust Kilns (3) Yes No No Yes – kilns only No Yes None specified No 177 High Street (Maroondah Highway) [1] & Walker Street, Mansfield (2) HO20 War Memorial Gates Yes No No Yes – gates No No None specified No Highett street entry to only Mansfield Recreation Reserve HO21 McMillan’s Store Yes No No No No Yes None specified No 23 Highett Street, Mansfield HO22 Tavistock House Yes No No No No Yes None specified No 1/93 High Street and 24F Highett Street, Mansfield HO23 Masonic Hall Yes Yes No No No Yes None specified No 26 Highett Street, Mansfield HO24 Fire Station Yes No No No No Yes None specified No 28 Highett Street, Mansfield HO25 RSL Hall Yes No No Yes – front No Yes None specified No 30 Highett Street, Mansfield fence only HO26 Former Carinya (Amors Yes Yes Yes No No Yes None specified No Home, Magnolia) 190 Mt Buller Road,

OVERLAYS - CLAUSE 43.01 - SCHEDULE PAGE 4 OF 8 47 MANSFIELD PLANNING SCHEME

PS Heritage place External Internal Tree Outbuildings Included on the Prohibited Name of Aboriginal map Paint Alteration Controls or fences not Victorian Heritage uses Incorporated heritage ref Controls Controls apply? exempt under Register under the permitted Plan under place? apply? apply? Clause 43.01- Heritage Act ? Clause 43.01-2 3 1995? Mansfield HO29 Former Court House and Yes Yes Yes NoYes – No No None specified No Stables stables only Nash Street, Jamieson . HO31 Former Railway Station Yes No No Yes- Station, No Yes None specified No High Street, Mansfield. Goods Shed, Outbuildings and Platform. HO38 Woodfield Railway Trestle Yes No No No No No None specified No Bridge over Merton Crk Woodfield HO39 Matlock Hill Conservation No No Yes Yes- No No None specified No Area (includes old All remaining cemetery, mine workings, buildings and Mount Matlock Geodetic works Cairn, water race and Yara Track alignment) Matlock HO40 Mt Matlock Geodetic Cairn No No No No No No None specified No Matlock HO41 Sir John Franklin Mine No No No Yes- No No None specified No Workings Conservation All remaining Area structures and Woods Point. works HO42 Standers Creek Mines No No No Yes- No No None specified No Conservation Area All remaining Woods Point. structures and works

OVERLAYS - CLAUSE 43.01 - SCHEDULE PAGE 5 OF 8 48 MANSFIELD PLANNING SCHEME

Woods Point. HO45 A1 Settlement No No Yes No No No None specified No Conservation Area A1 Settlement HO46 Knockwood Conservation No No Yes No No No None specified No Area Knockwood HO47 Tunnel Bend Township No No Yes No No No None specified No Conservation Area HO48 Enoch’s Point No No Yes No No No None specified No Conservation Area HO49 Luck’s All Mines No No Yes No No No None specified No Conservation Area HO50 Old Kevington Township No No Yes No No No None specified No and Sailors Bill’s Creek Mines Conservation Area Kevington. HO51 Diggers Exchange Hotel Yes No No No No Yes None specified No 27 Bank Street, Jamieson HO52 Colonial Bank/ Duck Inn Yes No No No No Yes None specified No 39 Bank Street, Jamieson

OVERLAYS - CLAUSE 43.01 - SCHEDULE PAGE 6 OF 8 49 MANSFIELD PLANNING SCHEME

PS Heritage place External Internal Tree Outbuildings Included on the Prohibited Name of Aboriginal map Paint Alteration Controls or fences not Victorian Heritage uses Incorporated heritage ref Controls Controls apply? exempt under Register under the permitted Plan under place? apply? apply? Clause 43.01- Heritage Act ? Clause 43.01-2 3 1995? HO53 Memorial Hall Yes Yes No Yes – front No Yes None specified No 15 Perkins Street, Jamieson fences only HO54 Post Office Yes No No Yes – front No Yes None specified No 20 Perkins Street, Jamieson fence only HO55 Primary School Yes Yes No No No Yes None specified No 1 The Sideling, Jamieson HO56 School residence Yes No No No No Yes None specified No 5 The Sideling, Jamieson HO64 “Delatite” Homestead and No No Yes No No No None specified No Garden Delatite Road, Mansfield. HO65 Gaffey’s Creek Yes No Yes No No No None specified No Conservation Area Gaffney’s Creek HO68 Howqua Hills Historic No No No Yes-All No No None specified No Area remaining Howqua Track, Howqua. structures and works HO69 Howqua Quarries No No No Yes-All No No None specified No Howqua Track, Howqua. remaining structures and works HO70 McMillan’s Track No No No Yes-All No No None specified No Woods Point. remaining works HO71 Howqua Track No No No Yes- All No No None specified No remaining

OVERLAYS - CLAUSE 43.01 - SCHEDULE PAGE 7 OF 8 50 MANSFIELD PLANNING SCHEME

Notes: Insert Interim control Expiry Date:DD/MM/YYYY if interim controls apply See 43.01 for relevant provisions and scope.

OVERLAYS - CLAUSE 43.01 - SCHEDULE PAGE 8 OF 8 51 MANSFIELD PLANNING SCHEME

21.04 HERITAGE AND CHARACTER

08/12/2016 C37 This clause provides local content to support Clause 15 (Built Environment and Heritage). --/--/---- Proposed C39 The Council Plan 2013-2017 is committed to the following heritage and character issues: . Prepare a thematic history of Mansfield in accordance with guidelines of funding received from State Government

21.04-1 Heritage

08/12/2016 IssuesC37 or Overview

The history of settlement and development of areas ensures that the Shire is rich in natural, cultural and built heritage. There are gaps in the knowledge of the Shire’s heritage assets, particularly in rural areas and the smaller settlements. A heritage gap study will address these areas. Aboriginal heritage also needs to be addressed in this context. The character of Mansfield is linked to its heritage, which is expressed most clearly through its extant original buildings. These include prominent buildings within the central retail area of High Street, as well as less obvious residential buildings. The Goulburn, Howqua and Big Rivers have been declared Heritage Rivers under the Heritage Rivers Act 1992, which has implications for land use in the vicinity of watercourses.

Key Issues

. There is a lack of documentation and research into the significance of the extant built heritage of Mansfield. . The location of the extant buildings within the centre of Mansfield Township, with its prominent streetscape and lineal open space, provides the opportunity for an integrated presentation of these elements in order to strengthen the town centre overall. . The location of some of the key heritage buildings of Mansfield Township around the central High Street/Highett Street intersection, which also contains the Police Memorial, provides the opportunity to consider the street system as an integral component of the built heritage. . The lack of identification of the Shire’s heritage assets. . The tourism and economic potential of the local heritage. . The importance of the heritage values of the Big and Howqua rivers. . The consideration of Aboriginal heritage in planning.

21.04-2 Objectives

08/12/2016 ObjectiveC37 Objective 1

To ensure all known and potential heritage buildings and places are protected.

Objective 2

To protect areas of Aboriginal heritage.

21.04-3 Strategies

08/12/2016 C37 Strategy 1.1 Provide for the protection of built heritage.

Strategy 1.2 Encourage appropriate redevelopment of heritage sites to ensure they can be adapted for ongoing use.

MUNICIPAL STRATEGIC STATEMENT - CLAUSE 21.042 PAGE 1 OF 3 52 MANSFIELD PLANNING SCHEME

Strategy 2.1 Engage with the local Aboriginal community to identify areas and sites of cultural sensitivity.

21.04-4 Character

08/12/2016-- C37 Overview

Character can be distinguished as urban and rural character. Mansfield Township’s residential areas are characterised by wide streets with on street parking, large lots and street trees. Any residential intensification should maintain these key attributes. Medium density housing will grow as a proportion of the housing over time in response to the ageing of the community. This redevelopment should protect identified heritage buildings and the spacious garden setting of many of Mansfield Township’s residential areas. Linear development along the major routes into and out of the Mansfield Township should be sensitive to the role that the town plays as an ‘Alpine Approach’. Development of land along the Maroondah Highway on the western entry into town should be designed in such a way that the ‘gateway’ to the Alpine areas is promoted and themed so it becomes obvious to locals and visitors that Mansfield Township has embraced its heritage and capitalised on its attractiveness. Development along the Mount Buller Road on the eastern side of Mansfield Township should also retain these themes; however, it is acknowledged that the northern side of Mount Buller Road is the preferred linear corridor for business, commercial, mixed use and service industry development. Development along ridgelines or highly visible slopes can impact the landscape character of the area.

Key Issues

. Infill development in Mansfield Township will challenge the urban character of some areas. . Significant ridgelines and some Alpine approaches have no statutory protection in the planning scheme. . Recognising that development along the approaches to Mount Buller and Mount Stirling should maintain a high visual amenity.

21.04-5 Objectives

08/12/2016 C37 Objective 1

To ensure the urban character of the Mansfield Township and other towns is maintained.

Objective 2

To ensure development and advertising signs are sensitive to the role of the Alpine approaches as gateways to Mansfield Township and the Alps.

21.04-6 Strategies

08/12/2016 C37 Strategy 1.1 Ensure issues of building scale, siting, vegetation and access in medium density planning applications are considered. Strategy 2.1 Ensure development has a high standard of design and appropriate siting. Strategy 2.2 Ensure development uses muted non-reflective colours.

MUNICIPAL STRATEGIC STATEMENT - CLAUSE 21.042 PAGE 2 OF 3 53 MANSFIELD PLANNING SCHEME

Strategy 2.3 Existing mature scattered native and exotic trees should be retained with new plantings necessary to further complement development and minimise visual impact.

21.04-7 Further strategic work

08/12/2016 C37 . Prepare a Design and Development Overlay control for the Mansfield shopping centre and revise the existing Design and Development Overlay for the alpine approaches/gateways to broaden its application. . Prepare an advertising signs policy for the Mansfield shopping centre and its key gateways/alpine approaches. . Prepare development guidelines to manage the interface of sensitive uses in Mansfield.

21.04-8 Reference documents

--/--/--- Proposed C39 . Shire of Mansfield Stage One Heritage Survey (10 June 2015)

MUNICIPAL STRATEGIC STATEMENT - CLAUSE 21.042 PAGE 3 OF 3 54 55 56 57 58 M A N S F I E L D P L A N N I N G S C H E M E

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004 Mansfield Shire Council – Ordinary Meeting of Council: 19 September 2017

10.2 DEVELOPMENT SERVICES CONT.

10.2.2 Planning Scheme Amendment C39 Heritage Overlay: Submissions to Exhibition

File Number: E4671 Responsible Officer: Senior Strategic Planner, Kathy Richardson

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in this matter.

Introduction

This report outlines the issues raised in submissions made during exhibition of Planning Scheme Amendment C39 (Heritage Overlay), recommends changes to the exhibited documents, and seeks adoption by Council of the amendment for submission to the Minister for Planning for approval.

Background

Planning Scheme Amendment C39 (formerly known as Amendment C35) seeks to introduce thirty two heritage places as identified in the Shire of Mansfield Heritage Survey 2015 (Heritage Survey) to the heritage overlay schedule of the Mansfield Planning Scheme. It also seeks to correct the location name of HO35 to Howqua Hills Track, and to clarify that only stables in HO29 are not exempt under Clause 43.01-3 of the Mansfield Planning Scheme.

At the Ordinary Meeting on 21 March 2017 Council supported the abandonment of Planning Scheme Amendment C35 and the exhibition of a new amendment to be known as C39 as its replacement. Following this, Council officers requested the Minister for authorisation to prepare and exhibit amendment C39 on 2 May 2017.

Conditional authorisation was obtained from the Minister through the Department of Environment, Land, Water and Planning (DELWP) on 12 May 2017 and the amendment was placed on exhibition from 22 June to 28 July 2017. All affected landowners and occupants, public authorities, prescribed Ministers, Native Title Services Victoria and interested groups were notified of the amendment and notice of the amendment was placed in the Mansfield Courier on 21 and 28 June 2017.

A total of four submissions were received during the exhibition period. Three of these were supportive of the amendment and one was not supportive of the level of controls over a particular property owned by the submitting party. This submission has since been withdrawn following discussions and changes to the exhibited documents to reflect new information. The table below provides detail of the submissions and a summary of the changes to the exhibited documents in response.

15863157. Mansfield Shire Council – Ordinary Meeting of Council: 19 September 2017

10.2.2 Planning Scheme Amendment C39 Heritage Overlay: Submissions to Exhibition cont.

Table of Submissions

Submitter Submitters comments Officer’s comments and changes to exhibited documents in response Mansfield No concerns. Particularly supportive of Noted Historical the proposed controls over the Society Inc. Mechanics Institute in Ailsa Street Mansfield and the Sawdust Kilns. National Trust No concerns Noted Department of No concerns. Noted Environment, Land, Water and Planning – Saw Dust Kiln (HO19) on Crown Land Ellen Hogan on Support external controls but not A site meeting was held at the subject behalf of Mr L internal controls as many modifications property and a closer inspection of the and Mrs K have been undertaken. Only the internal detail of the building was undertaken Pezzimenti – original pressed metal ceiling remains. by the Senior Strategic Planner. Following 101 High Street the inspection and discussions with the Mansfield (HO current owner it was established that the 10) pressed metal ‘Wunderlich’ ceiling throughout the front rooms and into the lantern was the only intact internal detail that requires to be retained. The citation in the Shire of Mansfield Heritage Survey 2015 has been clarified to reflect this.

Changes to the exhibited citation of the survey The current wording of the citation in the exhibited Heritage Survey under Guidelines at dot point 6 (page 55) states ‘The front (public) rooms of the interior should be treated with care in terms of the retention of materials and features, although functional changes may be considered. There should be no restrictions of the rear (service) rooms” to be substituted with ‘The pressed metal ‘Wunderlich’ ceiling should be retained within the front rooms of the interior. Functional changes may be considered. There should be no restrictions of the rear (service) rooms.’

The owners are satisfied with this change.

158. 15964 Mansfield Shire Council – Ordinary Meeting of Council: 19 September 2017

10.2.2 Planning Scheme Amendment C39 Heritage Overlay: Submissions to Exhibition cont.

Submitter Submitters comments Officer’s comments and changes to exhibited documents in response Ellen Hogan on Clarification as to why the whole The mapping is proposed to cover the behalf of Mr L property is included in the overlay as building only; however, the building sits on and Mrs K 99-103 when the heritage part of the one title with the vacant land to the west that Pezzimenti – property only applies to 103. The is not covered on the mapping. The address 101 High Street citation refers to 101. in the schedule should reflect that of the title. Mansfield (HO If the land is subdivided at some stage the 10) cont. address in the schedule could be altered to reflect this.

Changes to the exhibited citation of the

survey

The citation of the exhibited heritage survey

states ‘101 High Street’ to be substituted with

‘99-103 High Street’.

The owners were satisfied with this

change.

Exhibited mapping of this property Further to the submission received it was noted that the entire property on the title which includes the vacant land adjacent (Robot Donuts) and the vacant land behind that to the north west was shown as being covered by the Heritage Overlay on the exhibited planning scheme mapping at Map 12HO. See below – subject site is shown as HO10. Aerial photo left shows extent of building on the site.

159. 16065 Mansfield Shire Council – Ordinary Meeting of Council: 19 September 2017

10.2.2 Planning Scheme Amendment C39 Heritage Overlay: Submissions to Exhibition cont.

Submitter Submitters comments Officer’s comments and changes to exhibited documents in response Ellen Hogan on The extent of mapping should be reduced to behalf of Mr L cover the building (Mansfield Men’s Club) only. and Mrs K It is noted in the survey that the visibility of the Pezzimenti – exterior side walls should be retained ‘to their 101 High Street profile and materials’. This statement was Mansfield (HO raised with the author of the Heritage Survey, 10) cont. Ivar Nelsen, particularly regarding the development constraints this would place on the vacant land. He subsequently responded that he was satisfied if the citation were amended to reflect that the visual appreciation of the building as an entity remain intact with any adjacent development. He stated that he didn’t believe there would be a great loss by removing reference to the side walls.

Changes to the exhibited mapping of the Heritage Overlay The mapping of the heritage overlay to be reduced to cover the building only (Mansfield Men’s Club).

The owners were satisfied with this change.

Changes to the exhibited citation of the survey Remove from the exhibited citation for the building at 99-103 High Street the wording at dot point 4 of the guidelines ‘The side walls of the building are visible from the public realm and should be retained to their profile and materials. Minimal change in terms of openings may be considered’. This is to be replaced with ‘The visual appreciation of the building as an entity should remain intact with any adjacent development’.

The owners were satisfied with this change.

As a result of the changes that have been made to the exhibited citation in the survey relating to 99-103 High Street and the changes to the extent of coverage of the Heritage Overlay on the exhibited mapping of Map 12 HO, the submitters have withdrawn their submission.

As there are now no outstanding issues with the amendment there is no requirement to request a Panel Hearing to consider submissions under part 8 of the Planning and Environment Act 1987 (the Act) and Council may adopt the amendment with the changes and submit it to the Minister for Planning under section 31 of the Act.

Statutory Requirements

The exhibited planning controls have been prepared in accordance with The Ministerial Direction on the Form and Content of Planning Schemes made under section 7(5) of the Act which applies to all planning schemes and any amendment to those planning schemes. 160. 16166 Mansfield Shire Council – Ordinary Meeting of Council: 19 September 2017

10.2.2 Planning Scheme Amendment C39 Heritage Overlay: Submissions to Exhibition cont.

The exhibition process for Amendment C39 was undertaken in accordance with sections 17, 18 and 19 of the Act.

Pursuant to the Mansfield Planning Scheme, Clause 21.09 Mansfield Township, Objective 3 – Settlement, Housing and Character, Strategy 3.1 states ‘Implement the Mansfield Heritage Survey and provide appropriate statutory protection for places of heritage significance.’

Council Plan

Under the Mansfield Shire Council Plan 2017-2021 Strategic Objective 4.4 it states ‘We have strong policy and decision making frameworks in place to protect and enhance the unique character of our Shire for future generations’. .

(The Council Plan 2013-2017 committed to the following heritage and character issues: ‘Prepare a thematic history of Mansfield in accordance with guidelines of funding received from State Government’.)

Financial

The cost of requesting the Minister to approve the amendment and give notice of the approval is approximately $460 and funding has been allocated in the Strategic Planning budget.

Social

The places identified in the Heritage Survey provide links to the Shire’s history and its people both past and present. They also create a sense of place and cultural identity whilst also contributing to community well-being and place attachment.

Environmental

The proposed overlay controls will preserve places within the built environment to ensure the character and integrity of these places continues to contribute to the built history of Mansfield Shire.

Economic

The proposed overlay controls will not place an onerous financial burden on landowners to maintain the heritage integrity of these places and will still allow for new works provided that integration of the old with the new results in a sympathetic design outcome. One of the sawdust kilns on private land directly to the north of the station precinct is within an existing residential subdivision yet to be developed. This kiln may impact on the development potential of this estate as its location is within a proposed lot however; no submission was received from the property owner.

161. 16267 Mansfield Shire Council – Ordinary Meeting of Council: 19 September 2017

10.2.2 Planning Scheme Amendment C39 Heritage Overlay: Submissions to Exhibition cont.

Risk Management

The current lack of heritage controls over the places identified in the Shire of Mansfield Heritage Survey 2015 increases the risk that they may be permanently lost or significantly altered and therefore would lose their historic significance. The introduction of the heritage overlay will assist to preserve the integrity of the identified places through guided design and require a permit process to be undertaken if demolition is proposed.

Community Engagement

See Background section earlier in report for further detail of exhibition.

Officer’s Comments

Amendment C39 will add thirty two heritage places as identified in the Shire of Mansfield Heritage Survey 2015 to the existing Heritage Overlay Schedule in the Mansfield Planning Scheme. The proposed planning controls will ensure that there is a level of protection of the identified heritage places and any further works are sympathetic to the heritage values as identified in the survey. The overlay also affords heritage properties a level of protection from demolition.

The formal exhibition process yielded several submissions in support of the amendment and one submission that has since been resolved through further clarification of the citation in the survey. The issues raised in the submission have been addressed and as a consequence the submission has been withdrawn.

Accordingly, the Officer recommendation is that the amendment be sent to the Minister for Planning with a request to seek approval of the amendment with changes (see Appendix A) in response to submissions as outlined in the Table of Submissions.

Councillors Westendorp/Olver:

That Council: c) note the submissions to the Planning Scheme Amendment C39 Heritage Overlay; d) request the Minister for Planning to approve Mansfield Planning Scheme Amendment C39 with changes (as outlined in Appendix A) in accordance with section 35 of the Planning and Environment Act 1987. Carried

162. 16368 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2 DEVELOPMENT SERVICES CONT.

10.2.2 Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay – Invitation from the Victorian Civil and Administrative Tribunal to consider Planning Permit Application P007B/14 to amend and consolidate existing permits relating to the use and development of the land for leisure and recreation (maze and ancillary activities), use of the land for a function centre and the erection of signage

File Number: DA3950 Responsible Officer: Governance Co-ordinator, Dawn Bray

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in relation to this matter.

Introduction

At its meeting of 18 April 2017, Council resolved to issue a Notice of Decision to Amend Planning Permit, creating Planning Permit P007A/14, for the use of allows use and development for a function centre, a mini golf area, a shade structure and erection of signage at 678 Piries-Goughs Bay Road, by deleting conditions 3, 4 and 5 relating to a trial of the use of the land for a function centre, along with amendments to conditions 7, 11 and 14 relating to its hours of operation.

An appeal was subsequently lodged against this decision by the two objectors with the Victorian Civil and Administrative Tribunal (VCAT).

Following pre-hearing negotiations between the Applicant and the Objectors to achieve a mutually satisfactory outcome, the Tribunal has issued an Order inviting the Applicant to submit a new application based on the agreements at the Tribunal hearing, and for Council to reconsider its decision based on this new permit application. The Order can be found at Attachment 1.

The Applicant was directed by VCAT to lodge an application to amend their application with Council by 10 November and that Council indicate its views on the matter to all parties by 1 December 2017.

This report recommends that Council provide VCAT with the indication that it:

· sets aside its decision from the Council meeting of 18 April 2017 to issue a Notice of Decision to Amend Planning Permit P007/14 in the form of planning permit P007A/14; and,

· issues a new Notice of Decision to Amend Planning Permit P007/14, in the form of planning permit P007B/14, in accordance with the revised plans and suggested conditions submitted to Council on 13 November 2017.

6969. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.2 Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay cont.

Application Details

The application for an amendment to planning permit P007/14 lodged on 13 November 2017, known as application P007B/14, reflects the outcomes and agreements of negotiations between all parties both prior to, and during, the VCAT hearing of 1 November 2017.

A set of plans has been submitted with the application, as per Attachment 2 – Plans, as well as the permit conditions agreed to by all parties.

In summary, the application proposes to:

· Amend the preamble of the permit to consolidate previous planning permits and simplify what use and development is permitted; · Renumber and reorder conditions; and, · Improve the wording of conditions to make the requirements clear but without changing the intent of the original conditions.

More specifically, the amendments proposed include:

· Condition 1 – outlines times for starting and completion of the development and uses, which reflects that some works are still required to comply with access related conditions; · Condition 2 - requires a new and complete set of plans to show all existing leisure and function centre related developments under planning permits P0113/04, P007/14 and P0013B/04 to ensure clarity around what has been permitted and to ensure there is one correct set of plans. These plans were submitted with the application; · Condition 3 – states that the amended permit becomes operative once planning permits P0113/04 and P0113B/04 have been cancelled to again ensure one permit is in place for the leisure and function centre uses; · Conditions 4 to 6 relate to protecting rural lifestyle amenity; · Conditions 7 – 10 relate to hours of operation for the leisure and recreation component of the use (ie the maze and ancillary activities) whereby the hours of operation are 10am – 5.30pm except Christmas and Anzac Days. The function centre’s hours of operation would enable operation after 8pm on a Thursday, Friday and Saturday evening on 20 occasions per annum (except Christmas and Anzac Days). Outside of these 20 occasions, the hours of operation for the function centre would be 10am to 8pm on all days other than Good Friday, Christmas Day and Anzac Day. It should be noted that Condition 18 requires music generated in association with evening receptions must cease by 11pm;

70. 70 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.2 Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay cont.

· Condition 22 relates to the upgrade of the bitumen road surface along Piries-Goughs Bay Road for a distance of 20 metres either side of the entry to the land to improve road safety and turning manoeuvres. There has been some confusion as to whether or not this work was still required, however consultation with Council’s Engineering Department has confirmed that this work is required to be undertaken.

It should be noted that the intent of the conditions on existing permits are reflected in the amended conditions and that there is no material change to the intent of the existing permits proposed by this application.

Executive Summary

It is considered that the negotiated outcome between parties prior to the VCAT hearing is a sensible and mutually beneficial one. It would allow for the issue of a new amended permit that addresses several deficiencies and contradictions arising out of previous permits and amended permits for the same site over the past few years, which has led to confusion not only for the operator, but also for local residents.

Background

The Council report of 18 April 2017 is appended in Attachment 3 to this report as a means of providing the substantial background to this matter.

Mansfield Planning Scheme Context

The Council report of 18 April 2017 is appended in Attachment 3 to this report as a means of providing the Planning Scheme controls relating to this land and application.

Consultation

The permit conditions have been negotiated between representatives of the Applicant, Objectors and Council and were presented to VCAT as an agreed way forward to resolve concerns around the use and development of the land.

Although technically this application is a new one, all of the consultation and negotiation undertaken in recent weeks means that public notice and referrals are not required. Further, it was agreed at the Tribunal hearing on 1 November that Council did not have to give notice on this new application.

It has to be said that the VCAT order is very unclear as to the rights of the Objectors to the matter before it in relation to this new application.

After discussions with Council’s consultant, who was present at the hearing, it is considered that the two objectors to the original need to be considered as objectors to this application.

71. 71 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.2 Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay cont.

It is noted that the covering letter from the Applicant with this application also requests Council to set aside its decision on amendment P007A/14 and issue a new notice of decision in the form of P007B/14.

Conclusions

The negotiation of permit conditions that resolve concerns of the objectors, while allowing relative flexibility for the Applicant to operate their function centre, is a good and practical outcome that aims to protect the amenity of the area.

All parties are to be commended for the spirit in which they have approached this matter.

However, the order from VCAT is confusing given that essentially it asks for a new application to be submitted to Council.

As mentioned above, it is unclear in VCAT’s order as to whether Council is being asked to treat the objectors to the matter in front of VCAT, which brought about the application that is the subject to this report, as objectors to this new application before us.

This is important, as it affects whether Council is looking at options to refuse a permit, to issue a permit or to issue a notice of decision to grant a permit.

On the face of it, given there has been no formal advertising process, as agreed at the VCAT hearing on 1 November, the decision options before Council would normally be to either issue a permit or refuse the application.

However, if we apply the spirit of the discussions at the Tribunal on 1 November, the decision before Council should involve all parties, which means the options before Council are either to refuse the application or issue a notice of decision to grant an amended permit.

Considering all of the above, it is recommended that Council indicate to VCAT and the other parties that sets aside its decision to issue a Notice of Decision at its 18 April 2017 meeting and subsequently wishes to issue of a notice of decision to issue an amended planning permit, known as P007B/14, subject to the conditions arising out of the negotiations between parties.

Councillors Sladdin/Olver:

That Council:

1. Inform the Victorian Civil Administrative Tribunal, and the other parties to the appeal proceedings before the Tribunal, that it sets aside its decision of 18 April 2017 to issue a Notice of Decision (P007A/14) for the Use and Development of a function centre, mini golf area, shade structure and erection of signage for the land known as 678 Piries-Goughs Bay Road.

72. 72 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.2 Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay cont.

2. Issue a Notice of Decision to issue an amended planning permit (P007B/14) for the Use and Development of the land for leisure and recreation (maze and ancillary activities), use of the land for a function centre and the erection of signage for the land known as 678 Piries-Goughs Bay Road, Goughs Bay with the following conditions:

Time for Starting and Completion

1. This permit will expire if one of the following circumstances applies: - the development and the uses are not started within two years of the date of this permit. - The development is not completed within four years of the date of this permit. The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months after the expiry date.

Plans required

2. Before this permit becomes operative, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show all existing developments as endorsed pursuant to the previous planning permits P0133/04, P007/14 and P0113B/04 which have been issued in respect of this site (being the permits which are to be cancelled pursuant to condition 3 of this permit).

Cancellation of existing permits

3. This permit becomes operative upon the cancellation of planning permit numbers P0133/04, and P0113B/04.

Rural Lifestyle Amenity

4. The uses permitted by this permit must at all times be conducted in a manner that the rural lifestyle amenity of nearby properties is not detrimentally affected .

5. All necessary steps must be taken to ensure that no noise or other disturbance emanates from the premises which would be likely to cause a nuisance to the adjoining occupiers or a detriment to the amenity of the neighbourhood.

6. The external materials of the building(s) including the roof must be constructed of material of muted colours to enhance the aesthetic amenity of the area. No materials having a highly reflective surface shall be used. For the purpose of this condition “highly reflective”. 73. 73 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.2 Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay cont.

Hours of operation

7. The leisure and recreation (maze and ancillary activities) and function centres uses may operate between the hours of 10am to 5.30pm on all days of the year except Christmas Day and Anzac Day.

8. The function centre use may also operate on Thursday, Friday and Saturday evenings (after 8pm) other than on Christmas Day, Good Friday and Anzac Day on no more than 20 occasions per annum.

9. The function centre use may operate between the hours of 10am and 8pm on all days of the year other than Christmas Day, Good Friday and Anzac Day.

10. In addition to the function centre hours of operation set out in condition 9 above, the function centre use may also operate after 8pm on any day of the year other than Christmas Day, Good Friday and Anzac Day on no more than 20 occasions per annum, and on no more than 6 occasions in any calendar month where amplified music is to be played.

Conditions relating to the function centre use

11. No more than 150 patrons may be present at a reception at any one time.

12. Receptions in the evening (after 8pm) may only be conducted in the designated area shown on the endorsed plans.

13. The permit holder must be present and in effective control of the venue when hired for a function.

14. The permit holder must provide a copy of this permit to anyone booking a reception and ensure that they are aware of the conditions.

15. A prominent notice must be displayed at the main exit point(s) advising function centre patrons of the need to respect neighbours by leaving the area quietly.

16. Unisex toilet facilities must be provided at functions at the ratio of 1:25 per guest where the event runs for more than two hours.

Noise control

17. Noise emissions from the site must comply with the requirements of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

18. Music generated in association with evening receptions must cease by 11pm.

74. 74 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.2 Application to Amend Planning Permit P007B/14 - 678 Piries Goughs Bay Road, Goughs Bay cont.

Lighting

19. Night lighting associated with the function centre use is limited to the designated area shown on the endorsed plans.

Car parking

20. Before the uses start, the areas set aside for parked vehicles as shown on the endorsed plans must be:

(a) Properly formed to such levels that they can be used in accordance with the plans. (b) Drained and maintained to the satisfaction of the Responsible Authority.

All work is to be completed to the satisfaction of the Responsible Authority.

21. Parking associated with the uses permitted under this permit is only permitted in the designated area shown on the endorsed plans.

Road Improvements

22. Within 12 months of the granting of this permit, the roadway must be upgraded to improve the safety of the turning movements for cars and buses. This work will involve widening of the bitumen road surface 20 metres either side of the entrance. Plans for the work must be submitted to the Responsible Authority and approved prior to this work commencing. All work to be completed to the satisfaction of the Responsible Authority. As part of this the access must be sealed from the existing roadway up to the property boundary.

Ingress and Egress

23. Prior to the commencement of use as a Function Centre, the entry to the subject land must be illuminated for evening functions to the satisfaction of the Responsible Authority to ensure the entry is visible to vehicles entering from and exiting to Piries-Goughs Bay Rd.

Advertising Signage

24. The details of the sign shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

25. Before the sign is erected, plans to the satisfaction of the Responsible Authority for the structure and the location of the sign must be submitted to and approved of by the Responsible Authority

26. The sign must be maintained to the satisfaction of the Responsible Authority. Carried

75. 75 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

ATTACHMENT 10.2.2

APPLICATION TO AMEND PLANNING PERMIT P007B/14 - 678 PIRIES GOUGHS BAY ROAD, GOUGHS BAY

(16 PAGES)

76. 76 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

ADMINISTRATIVE DIVISION VCAT REFERENCE NOS. P1038/2017 PLANNING AND ENVIRONMENT LIST PERMIT APPLICATION NO. P007A/14

APPLICANT J Campbell and J Staples RESPONSIBLE AUTHORITY Mansfield Shire Council RESPONDENT T Shipley SUBJECT LAND 678 Piries Gough Bay Road, Goughs Bay WHERE HELD Melbourne BEFORE Margaret Baird, Senior Member Alison Glynn, Member

HEARING TYPE Hearing DATE OF HEARING 1 November 2017 DATE OF ORDER 1 November 2017

ORDER 1 Pursuant to section 51A of the Victorian Civil and Administrative Tribunal Act 1998, the responsible authority is invited to reconsider its decision in this proceeding. 2 By no later than 1 December 2017 the responsible authority must file with the Tribunal and serve on all parties advice about whether it: (a) Affirms the decision; or (b) Varies the decision; or (c) Sets aside the decision and substitutes a new decision for it. If the responsible authority varies the decision or sets it aside and substitutes a new decision, it must specify: (d) Any new reasons for a decision to refuse to amend the permit; or (e) Any draft conditions upon which it would decide to amend the permit. 3 By no later than 8 December 2017, other parties must file with the Tribunal and serve on all parties advice as to whether they consent to orders being made by the Tribunal in accordance with the responsible authority’s reconsidered decision.

Margaret Baird Alison Glynn Senior Member Member

77 APPEARANCES For applicant Mr P Cadman, barrister on brief from Hunt Williams For respondent / permit Ms E Hogan, town planner applicant For Mansfield Shire Council Mr P Newman, town planner

INFORMATION Description of proposal Amendment to permit to delete conditions 3, 4 and 5 relating to a trial use of a function centre and variation of conditions 7, 11 and 14 relating to hours of use for a function centre. Nature of proceeding Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit.

REMARKS 1 At the commencement of the hearing parties advised that there was potential for this matter to be agreed by consent, subject to the permit applicant amending the permit application made to amend permit P007/14. 2 Parties consented to us making orders to invite the responsible authority to reconsider its decision in accordance with Section 51A of the Victorian Civil and Administrative Tribunal Act 1998. 3 In doing so Ms Hogan foreshadowed that the permit applicant would seek to amend its application to amend the permit to the Mansfield Shire Council by 10 November 2017 to then enable the responsible authority to make a new decision based on this amended application. 4 Upon reflection after the hearing we consider it may be necessary for the Tribunal to make subsequent orders to amend the application to amend the permit as the proceeding has not been remitted back to the responsible authority, but remains a proceeding before the Tribunal. 5 The order therefore invites the responsible authority to reconsider its position in light of an amended application proposed to be prepared by the permit applicant, but acknowledges that it may be necessary for the Tribunal to make the amendment to the application in accordance with section 127 and clause 64 of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998.

Margaret Baird Alison Glynn Senior Member Member

VCAT Reference No. P1038/2017 Page 2 of 2

78 79 80 81 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2 DEVELOPMENT SERVICES CONT.

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay

File Number: DA3950 Responsible Officer: Development Services Manager, Michael Bismire

Disclosure of Conflicts of Interest

The author of this report does not have a conflict of interest in this matter.

Introduction

The purpose of this report is to seek Council’s determination of an application to amend planning permit P007/14 which allows use and development for a function centre, a mini golf area, a shade structure and erection of signage at 678 Piries-Goughs Bay Road, Goughs Bay, being Lot 2 on Plan of Subdivision 346667K.

Application Details

It is proposed to amend planning permit P007/14 by:

• Deleting Condition 3 which provides: The use of the subject land as a Function Centre is for an initial trial period of four (4) years.

• Deleting Condition 4 which provides: No functions are to be booked 4 years from the date of issue of this permit.

• Deleting Condition 5 which provides: An application to end the trial period can be made to the Responsible Authority six months before the expiry date of this permit.

It is also proposed to amend the permit as follows:

• Amending Condition 7 which provides: Functions are only to be conducted in the designated Function Centre area as shown on the endorsed plans.

…to the following:

Evening functions are only to be conducted in the designated Function Centre area as shown on the endorsed plans.

37. 3782 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

• Deleting or amending Condition 11 which provides: Evening hours of operation for the Function Centre use may be extended to 11pm on a Thursday, Friday or Saturday.

…to the following:

All guests attending the evening functions must leave the premises by 12pm

The application also proposes that Condition 14 may require amending depending on what occurs with Condition 11.

Executive Summary

The proposal is to amend planning permit P007/14 under Section 72 of the Planning and Environment Act, 1987 by:

• Deleting Conditions 3, 4, and 5 • Varying Condition 7 • Deletion or variation of Condition 11 • Varying Condition 14

The key findings of the report are as follows:

• The proposal complies with relevant state and local planning policies. • The amendment will not impact on the amenity of the area subject to continued compliance with permit conditions. • Council records show that no complaints have been received about the operations of the function centre.

It is considered that the planning permit should be amended in accordance with the recommendation of this report.

Background

Subject site and Surrounding Area

The subject land is 2.479 hectares and is located on the northern side of Piries-Goughs Bay Road, approximately 570m north-east of the Piries–Goughs Bay Road/Howes Creek– Goughs Bay Road intersection.

A dwelling with carport containing the ticket office is located near the front of the site. The site also contains the function centre, a mini golf course, the maze, landscaped areas, and a dam. The land has a slight fall from front to rear of approximately 8 metres.

38. 3883 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Surrounding Area

The surrounding land is used primarily for rural-residential living.

Figure 1 – Subject site and surrounds

Site Planning History

• Planning permit P0274/03 was approved on 31 October 2003 for construction of a residence. • Planning permit P0133/04 was approved on 5 August 2004 for use and development of the land for a maze attraction, tearoom, gallery and caretakers dwelling. • Planning permit P007/14 was approved on 16 June 2014 for use and development for a function centre, a mini golf area, a shade structure and erection of signage.

Proposal

It is proposed to amend planning permit P007/14 as detailed under ‘application details’ above.

39. 3984 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Officer Assessment

Deletion of Condition 3

Condition 3 provides:

The use of the subject land as a Function Centre is for an initial trial period of four (4) years.

The function centre has been in operation for nearly three years. Whilst objections have been received to the planning permit applications (both the initial application and this amendment), a review of Council records has confirmed that no complaints have been received in respect of the function centre operation since the permit was approved in 2014. This indicates that that the function centre use is operating in a way which is sensitive to the amenity of surrounding properties.

Given the length of time that has elapsed since the permit was approved, for the above reasons it is considered that the condition should be deleted from the permit.

Deletion of Condition 4

Condition 4 provides:

No functions are to be booked 4 years from the date of issue of this permit

The applicant has submitted that:

“The trial period or restriction on operation has made it very difficult for the owners to book functions in advance and has reduced confidence in the future opportunities for the Maze”.

And,

“The Maze adds value to the broader tourism spend by providing something very attractive and unique to the area. Weddings attract guests from far and wide who utilise the local accommodation, restaurants, hotels, and other tourism attractions whilst in the district”.

Council records show that no complaints have been received about the function centre operations since the permit was approved in 2014. It would seem unreasonable therefore that bookings are prohibited beyond June 2018 when it has not been established that breaches of permit conditions is occurring and/or the quiet amenity of neighbouring properties has been adversely impacted.

In view of the above, it is considered that the condition should be deleted.

40. 4085 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Deletion of Condition 5

Condition 5 provides that:

An application to end the trial period can be made to the Responsible Authority six months before the expiry date of this permit.

This condition allows the applicant to lodge an application to end the trial period in January 2018, eight months after this current application. Given that no issues have been identified with the operation of the function centre in nearly three years of operation, it is considered unlikely that events will occur in the next eight months that would prevent the Council from concluding that the function centre has operated in a way that is not in keeping with the quiet rural amenity of the area.

In view of the above it is considered that the condition should be deleted.

Amendment of Condition 7

It is proposed to amend Condition 7 as follows:

Functions are only to be conducted in the designated Function Centre area as shown on the endorsed plans.

…to the following:

Evening functions are only to be conducted in the designated Function Centre area as shown on the endorsed plans.

The applicant has proposed the amended condition to enable smaller events such as children’s parties and the like to occur outside the function centre where no amplified music will be played and the events will be held during the day.

This is a reasonable request. Limiting children’s parties to the function centre marquee during daytime hours, effectively precluding them from using the other entertainment on offer within the facility such as mini golf, the maze, etc., seems impracticle. It is considered that there are existing conditions within the permit that adequately control noise and other amenity impacts to ensure that neighbouring properties are not adversely impacted by events such as children’s parties and the like held during the day.

It is considered that the condition can be amended as proposed.

41. 4186 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Deletion or amendment of Condition 11

The applicant has submitted that this condition is very confusing and could be misinterpreted as further approval being required. It is submitted by the applicant that it is unclear what the intent of Condition 11 is at it contradicts Condition 14 which provides that music generated from the premises must cease by 11pm. It is proposed that the condition be either removed or amended to state:

All guests attending evening functions must leave the premises by 12pm

It is the view of the assessing officer that Condition 11 and Condition 14 are reasonably clear in that both the music and the function centre must cease operating by 11pm on Thursdays, Fridays, and Saturdays. It is agreed that the condition could be worded better and therefore it is considered that Condition 11 be deleted and a new condition included as follows:

The Function Centre use must cease by 11pm on a Thursday, Friday or Saturday.

The reason for wanting to amend the condition to require persons attending functions to leave the premises by 12pm seems unnecessarily restrictive in light of the other conditions on permit that require the function centre and music to cease by 11pm (Conditions 11 and 14), the requirement to prevent nuisance to neighbours (Conditions 6 and 12), and the noise restrictions (Condition 14). It is reasonably expected that patrons can be managed on the premises to ensure that they leave in an orderly manner without imposing a 12pm curfew, allowing some persons to stay longer if they wish. To this end, new conditions will be included on permit requiring that:

Function centre patrons must be advised to take account of the needs of local residents for peace and quiet after 11pm on Thursdays, Fridays, and Saturdays, by displaying a prominent notice at the main exit point(s) with words to the effect of “Please respect our neighbours and leave the area quietly”, to the satisfaction of the Responsible Authority.

On the above analysis it is considered unnecessary to amend Condition 14 as proposed by the applicant.

Consultation

Referrals and Responses

The application to amend the permit was not required to be referred to any other authorities.

Advertising

The application was advertised to surrounding landowners and occupiers by letters. 42. 4287 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Grounds for objection

Following the conclusion of the advertising period, two (2) objections had been received. The grounds for objection are summarized below:

• The owners have not given the trial period a “fair go”. • Plans to build a retirement home have been put into doubt as two previous weddings were run without any regard for the close proximity of the neighbors. • Effluent disposal will encroach onto adjoining properties. • Changes to the permit will benefit the owners financially while devaluing other properties in the area. • A trial period should be just that, for the benefit of immediate neighbors as well. • Two previous weddings were held without any permits at all. • Conditions relating to the maze were not complied with. • The original residence was never complied with and now a permit has been changed to allow a shed to become a residence after approximately 10 years. • The original dwelling site is where weddings have been held in the past and it is concerning that attempts will be made to hold then there again, irrespective of where the permit states they should be held. • The close proximity of the residence at 678 Piries-Goughs Bay Road was never shown when photo presentation was given at the Council meeting.

Consultative meeting

A Consultative Meeting has been held attended by the applicant, the objectors and Council officers. No resolution was reached at the meeting and the objections stand.

Objections

The following table details the grounds of objection followed by the assessing officer’s response:

43. 4388 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Ground of Objection Officer’s Response

The owners have not given the trial period a The trial period has been in operation now for “fair go”. almost three years. Since the approval of the permit, the only complaints received by the Council relate to the construction of a large shed (on 26/2/16) on the property. No complaints have been formally received about the function centre operation although, as mentioned previously, no functions have been held late at night. Notwithstanding this, a landowner may, at any time, propose to amend a planning permit which will be assessed on the merits of the proposal.

Plans to build a retirement home have been put Several complaints were received in 2013 into doubt as two previous weddings were run regarding the illegal use of the site for a function without any regard for the close proximity of the centre. An application was subsequently lodged neighbors. and approved which regularised the function centre use. There are a number of conditions on the planning permit that control amenity impacts and adjoining landowners are encouraged to contact the Council if they consider breaches of the permit are occurring. There is a range of enforcement tools available to the Council to achieve compliance with planning permit conditions, including informal negotiation, planning infringement notices, enforcement orders, and/or prosecution.

It is incumbent on the operators under the planning permit to comply with all conditions at all times to avoid enforcement action.

Effluent disposal will encroach onto adjoining Septic tank approvals have been issued for properties. wastewater from the dwelling and the maze. Separate toilet facilities must be provided for the function centre in accordance with Condition 29 of the planning permit. This will ensure that effluent does not become a problem beyond the boundary of the site.

44. 4489 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Ground of Objection Officer’s Response

Changes to the permit will benefit the owners As is the case with many other instances when financially while devaluing other properties in this ground is identified by objectors to a the area. planning application, potential loss in property values is not a matter upon which there is any evidence. If values are affected by adverse amenity impacts, then it is the amenity questions that must be considered, not their ramifications in terms of property values. This approach is usually adopted by the Victorian Civil and Administrative Tribunal.

A trial period should be just that, for the benefit As stated previously, there is no evidence, i.e., of immediate neighbors as well. complaints received, that the function centre has been operated in a way that adversely impacts adjoining properties. This suggests that the function centre is being operated responsibly and there is no reason to believe that it will not continue to be so.

Two previous weddings were held without any This is correct however was remedied by permits at all. requiring the function centre to be regularised via the planning permit process.

Conditions relating to the maze were not This application is specifically to amend complied with. conditions on the planning permit relating to the function centre and Council has no record of complaints being made about the maze.

The original residence was never complied with Again, this application specifically relates to the and now a permit has been changed to allow a function centre. Matters relating to other shed to become a residence after approximately approvals are not relevant to this application 10 years. and it is further noted that non-compliance with conditions of permit relating to the function centre has not been established.

45. 4590 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Ground of Objection Officer’s Response

The original dwelling site is where weddings The weddings must be held in the location have been held in the past and it is concerning approved under the planning permit. Figure 2 that attempts will be made to hold them there below shows where the designated function again, irrespective of where the permit states centre must be located. Any variation to this will they should be held. be a breach of the planning permit and the Planning and Environment Act, 1987.

The close proximity of the residence at 700 The residence at 700 Piries-Goughs Bay Road Piries-Goughs Bay Road was never shown is located approximately 260 metres from the when photo presentation was given at the function centre. The operation of the function Council meeting. centre must comply with conditions on the permit so that the amenity of the residents of 700 Piries-Goughs Bay Road will not be adversely impacted.

Figure 2 – Designated function centre location

46. 4691 Mansfield Shire Council – Ordinary Meeting of Council: 18 April 2017

10.2.2 Application to Amend a Planning Permit Under Section 72 of the Planning and Environment Act 1987: Application to Amend Planning Permit P007/14: 678 Piries-Goughs Bay Road, Goughs Bay Cont.

Conclusions

The application to amend planning permit P007/14 has been assessed against relevant state and local planning policies, the provisions of the Rural Living Zone, and the Environmental Significance Overlay (ESO1). The assessment has considered, in the main, impacts on sensitive surrounding uses, in particular impacts on the amenity of persons living or occupying land close to the subject site.

It has been established that the deletion or amendment to planning permit conditions as proposed will not adversely impact the amenity of the surrounding area, particularly in respect of noise. This is consistent with the objective of state planning policy to control noise effects on sensitive land uses (Clause 13.04-1 – Noise Abatement). Council has no record of noise complaints being received since the permit for the function centre was approved in 2014.

Council must also consider the benefits to the tourism industry of the function centre. The function centre has attracted little adverse attention which is a notable achievement in almost three years of operation and is reassuring for a tourist facility that makes a significant contribution to the tourism sector and the economy of the area. It is considered that this facility is consistent with state and local planning policies relating to business and tourism (Clause 17.01-1 – Business, Clause 17.03-1 – Facilitating tourism, and Clause 21.07-3 – Tourism).

It has been established that subject to compliance with conditions on permit, the proposed amendment to the planning permit is acceptable.

Recommendation:

That Council resolve to issue a Notice of Decision to amend planning permit P007/14 for use and development for a function centre, a mini golf area, a shade structure and erection of signage, located at 678 Piries-Goughs Bay Road, as follows: 1. Condition 3 is deleted. 2. Condition 4 is deleted. 3. Condition 5 is deleted. 4. Condition 7 is amended to read: Evening functions are only to be conducted in the designated Function Centre area as shown on the endorsed plans. 5. Condition 11 is deleted and a new condition is included as follows: The Function Centre use must cease by 11pm on a Thursday, Friday or Saturday. 6. A new condition is included as follows: Function centre patrons must be advised to take account of the needs of local residents for peace and quiet after 11pm on Thursdays, Fridays, and Saturdays, by displaying a prominent notice at the main exit point(s) with words to the effect of “Please respect our neighbours and leave the area quietly”, to the satisfaction of the Responsible Authority. Carried 47. 4792 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2 DEVELOPMENT SERVICES CONT.

10.2.3 Section 55 Referral Agreement with Goulburn Murray Water

File Number: E3498 Responsible Officer: Governance Co-ordinator, Dawn Bray,

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in relation to this matter.

Introduction

This report seeks authorisation from Council for the Chief Executive Officer to endorsement an agreement with Goulburn Murray Water (GMW), made under sections 55 of the Planning and Environment Act 1987 (the Act) and clause 66 of the Mansfield Planning Scheme, to streamline the referral of planning permit applications.

The Agreement identifies the types of planning permit applications that would not require a referral to GMW, along with identifies conditions and issues that must be considered by Council (the Responsible Authority) in making decisions on such applications.

Avoiding referrals to GMW for more straightforward applications would assist in reducing workloads for both organisations and provide more certainty for applicants around GMW requirements.

Background

Section 55 of the Act requires Council (the Responsible Authority) to provide a copy of certain types of planning permit applications to various persons and authorities for their review and comment.

There are two types of referral authorities:

· Determining referral authorities – any conditions requested by this type of authority must be included in the permit and if the authority objects Council must issue a refusal to grant a permit.

· Recommending referral authority – Council must consider the views expressed by this type of authority, however it is not bound to refuse an application or include any conditions.

Under section 66.02-5 of the Mansfield Planning Scheme, GMW is a determining referral authority that Council must refer applications to if the land subject to the permit application is located in a special water supply catchment area.

The range of permit application types requiring referral are extensive – subdivision and consolidation of land, construction of buildings and the carrying out of works.

9393. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.3 Section 55 Referral Agreement with Goulburn Murray Water cont.

Statutory Requirements

The Mansfield Planning Scheme and Planning Practice Note 54, released by the Minister in June 2015, encourages councils and referral authorities to put in place agreements that identify standard conditions and requirements to “avoid unnecessary referrals and delays”.

Council Plan

Entering into an agreement with GMW to streamline planning permit referrals for more straightforward types of applications is consistent with:

Strategic Direction One, Participation and Partnerships: Strategic Objective 1.3 Partnerships are strong between key service providers and authorities across the municipality.

Strategic Direction Two, Financial Sustainability: Strategic Objective 2.2 We embrace innovation to maximise service efficiency and reduce costs.

Strategic Direction Four, Enhanced Liveability: Strategic Objective 4.4 We have strong policy and decision making frameworks in place to protect and enhance the unique character of our Shire for future generations.

Financial

There should be efficiency gains resulting from the Agreement as less referrals would be required to GMW.

Social

There are no perceivable social impacts arising from the proposed Agreement.

Environmental

The Agreement ensures that applications that may have an impact on water quality, such as for buildings within 30 metres of a waterway, are referred to GMW for comment. It therefore allows GMW to focus their resources on considering those types of applications that may have environmental impacts.

Economic

There is merit in entering into this Agreement as it provides the community with certainty around what types of applications will be referred to GMW, the issues GMW require Council to consider when making a determination on the application and the types of standard conditions that may be placed on any planning permit issued to address the issues GMW are most concerned about.

94. 94 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.3 Section 55 Referral Agreement with Goulburn Murray Water cont.

Risk Management

The basis of the Agreement has been identifying those types of planning permit applications that pose least risk to water quality and the environment within a special water supply catchment. Both Council and GMW have therefore adopted a risk management approach to identify the parameters of the agreement.

Community Engagement

There is no requirement to engage with the community when entering into this type of agreement, however Planning Practice Note 54 states that the Agreement must be publically available on Council’s website.

Officer’s Comments

The Agreement aims to minimise workloads for both organisations and to avoid the need for delays in the consideration of the more straightforward types of applications.

Upon receipt of a new planning permit application, Council would need to consider whether each application satisfies the requirements of the agreement. If there is any doubt, discussed will be held with GMW to ensure that a referral is not triggered.

The types of planning permit applications that are covered by the Agreement, as per Attachment 1 to this report, are: · Rural sheds and outbuildings (provided setbacks from waterways or Lake Eildon are met and the land is not covered by a Floodway or Land Subject to Inundation Overlay); · Dwelling extensions (provided the number of bedrooms and bathrooms is not increased and minimum setbacks from waterways or Lake Eildon are met and the land is not covered by a Floodway or Land Subject to Inundation Overlay) · Boundary realignments (provided the number of dwellings that can be sought increases and a minimum setback from Lake Eildon is met) · Native vegetation removal (subject to a minimum setback from a waterway being met) · Rural dwellings (provided that minimum setbacks from waterways or Lake Eildon are met and the land is not covered by a Floodway or Land Subject to Inundation Overlay and the inclusion of a standard condition around meeting Environmental Protection Authority guidelines for onsite wastewater management).

If GMW is the only authority requiring a referral, the agreement will avoid the need for a referral, and therefore the mandatory 28 day period in which GMW has to respond to the referral. For some types of applications, such as dwelling extensions or sheds, this should assist in decisions being made in a timely manner.

The Agreement may be terminated either by Council or by GMW at any time.

95. 95 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.2.3 Section 55 Referral Agreement with Goulburn Murray Water cont.

It is considered appropriate that a review of the efficacy of the Agreement be reviewed upon 12 months of its enactment to ensure that it is delivering the benefits to the community, Council and GMW that were envisaged upon its signing.

Councillors Sladdin/Olver:

That Council:

1. Authorise the Chief Executive Officer to sign the section 55 Agreement between Mansfield Shire Council and Goulburn Murray Water.

2. Display a copy of the signed Agreement on Council’s website.

3. Undertake a review of the efficacy of the Agreement in partnership with Goulburn Murray Water upon the 12 month anniversary of its enactment to ensure it is operating efficiently and effectively. Carried

96. 96 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

ATTACHMENT 10.2.3

SECTION 55 REFERRAL AGREEMENT WITH

GOULBURN MURRAY WATER

(4 PAGES)

97. 97

MANSFIELD SHIRE COUNCIL

and

GOULBURN MURRAY WATER

CLAUSE 66 REFERRAL EXEMPTION AGREEMENTS

Mansfield Planning Scheme

THIS AGREEMENT is made on 2017

BETWEEN

1 MANSFIELD SHIRE COUNCIL 33 HIGHETT ST MANSFIELD VIC: 3724 ("Council")

2 GOULBURN MURRAY WATER of 40 Casey Street, Tatura, Vic. 3616 ("G-MW")

BACKGROUND

A The Council and G-MW agree that there would be significant benefits to both parties and permit applicants if the number of referrals by the Council to G-MW pursuant to section 55 of the Planning and Environment Act 1987 ("Act") under the Mansfield Planning Scheme ("Scheme") could be reduced. Such referrals will be referred to as "Section 55 Referrals" in this Agreement.

B This Agreement reflects the understanding of the Council and GMW with regard to Section 55 Referrals for rural sheds and outbuildings, dwelling extensions, boundary re-alignments, native vegetation removal and rural dwellings.

C This Agreement is intended to satisfy the exemption in clause 66 of the Scheme from the need to refer an application under that clause.

AGREEMENT

1 Rural sheds and outbuildings

The Council and GMW agree that any requirement for a Section 55 Referral does not apply to a planning permit application for a shed or outbuilding in the Farming Zone, Rural Living Zone. Rural Conservation Zone or Rural Activity Zone, provided the following matters are satisfied, either by way of a permit condition or as a result of the specific nature of the proposal, in any permit that subsequently issues:

1.1 the shed or outbuilding must be located more than 30 metres from any waterway designated under the Water Act 1989;

1.1 the shed or outbuilding must be located more than 50 metres from the full supply level of Lake Eildon and any river as designated by G-MW; and

1.2 the shed or outbuilding must not be located on land within the Floodway Overlay or the Land Subject to Inundation Overlay of the Scheme.

2 Dwelling Extensions

The Council and GMW agree that any requirement for a Section 55 Referral does not apply to a planning permit application for an extension to a dwelling, provided the following matters are satisfied, either by way of a permit condition or as a result of the specific nature of the proposal, in any permit that subsequently issues: 2.1 the dwelling extension must not increase the number of bedrooms of the dwelling;

2.2 the dwelling extension must not increase the number of bathrooms of the dwelling;

2.3 the dwelling extension must be located more than 100 metres from any waterway designated under the Water Act 1989;

2.4 the dwelling extension must be located on land more than 300 metres from the full supply level of Lake Eildon as designated by GMW (288.9 metres AHD); and

2.5 the dwelling extension must not be located on land affected by the Floodway Overlay or the Land Subject to Inundation Overlay of the Scheme.

3 Boundary re-alignments

The Council and GMW agree that any requirement for a Section 55 Referral does not apply to a planning permit application to subdivide land to re-align boundaries, provided the following matters are satisfied, either by way of a permit condition or as a result of the specific nature of the proposal, in any permit that subsequently issues:

3.1 the boundary realignment will not increase the number of dwellings that can be sought under the Mansfield Planning Scheme; and

3.2 the subject land must be more than 300 metres from the full supply level of Lake Eildon as designated by GMW.

4 Native Vegetation Removal

The Council and GMW agree that any requirement for a Section 55 Referral does not apply to a planning permit application to remove native vegetation, provided the native vegetation to be removed is more than 30 metres from any waterway designated under the Water Act 1989.

5 Rural Dwellings

The Council and GMW agree that any requirement for a Section 55 Referral does not apply to any planning permit application for a dwelling in the Farming Zone, Rural Living Zone. Rural Conservation Zone or Rural Activity Zone, provided the following matters are satisfied, either by way of a permit condition or as a result of the specific nature of the proposal, in any permit that subsequently issues:

5.1 the dwelling must be located more than 100 metres from any waterway designated under the Water Act 1989;

5.2 the effluent disposal area to the dwelling must be located on land more than 300 metres from the full supply level of Lake Eildon as designated by G-MW (288.9 metres AHD;

5.3 the dwelling must not be located on land affected by the Floodway Overlay or the Land Subject to Inundation Overlay of the Scheme; and

5.4 where the subject land has an area less than the area for which a dwelling is a Section 1 use in the relevant zone, the permit must include a condition requiring

100 wastewater disposal associated with the dwelling to be in accordance with a land capability assessment undertaken in accordance with EPA publication no. 746.1, Land Capability Assessment for Onsite Domestic Wastewater Management, to the satisfaction of the responsible authority.

6 Termination

This Agreement may be terminated by way of either the Council or GM-W providing written notice to the other party of its intention to terminate the agreement on the date specified in the notice.

) This Agreement is made on behalf of ) Mansfield Shire Council by: ) ) Name (print): ) ) Witness: ) ) Name of witness (print): ) ) Dated: )

This Agreement is made on behalf of ) Goulburn-Murray Rural Water Corporation ) by: ) ) Name: ) ) Witness: ) ) Name of witness (print): ) ) Dated: )

101 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.3 EXECUTIVE SERVICES

10.3.1 Mansfield Shire Council Privacy and Data Protection Policy and Procedures 2017

File Number: E513 Responsible Officer: Governance Co-ordinator, Dawn Bray

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interests in relation to this item.

Introduction

In accordance with the Privacy and Data Protection Act 2014, Health Records Act 2001 and the Federal Privacy Act 1988, Council is required to comply with information privacy principles relating to protecting an individual’s right to privacy and the responsible and fair handling of personal and health information.

Council’s Privacy and Data Protection Policy and Procedures has been reviewed in accordance with current legislation and the information privacy principles, and is now provided to the Council for endorsement.

Background

Mansfield Shire Council considers that the responsible handling of personal information is a key aspect of democratic governance and is strongly committed to protecting an individual's right to privacy. Accordingly, Council is committed to full compliance with its obligations under the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 and the Federal Privacy Act 1988.

The aim of the Mansfield Shire Council Privacy and Data Protection Policy and Procedures is to ensure that staff handling personal data are fully aware of the requirements and acts in accordance with data protection procedures.

The Policy sets out how Mansfield Shire Council will: i. collect, hold, use and disclose personal information of individuals; ii. how individuals can gain access to information; iii. how individuals can correct inaccuracies in information held by Council; and, iv. how an individual may lodge a complaint regarding breaches of privacy.

The Policy also highlights key data protection procedures within the organisation.

Council first implemented its ‘Information Privacy Policy’ in November 2002. During this time it has been reviewed and updated a number of times in line with legislative changes and to ensure currency.

102102. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.3.1 Mansfield Shire Council Privacy and Data Protection Policy and Procedures 2017 cont.

Statutory Requirements

Council is required to comply with the information privacy principles in accordance with the Privacy and Data Protection Act 2014, Health Records Act 2001 and the Federal Privacy Act 1988.

Council Plan

The responsible handling of personal information is aligned to the ‘Responsible Leadership’ Council Plan theme, “…to achieving the highest standards of good governance”.

Financial

Endorsement of this Policy has no impact on Council’s budget.

Social

This Policy applies to both personal information and health information collected and/or held by Mansfield Shire Council. This includes personal information collected on forms, in person, in correspondence, over the telephone, from third parties, through any of Council’s public access interfaces or via our website.

Council will only use personal information for the primary purpose for which it was collected and any related purpose the individual would reasonably expect the Council to use or disclose the information to, or where the individual has consented to the use or disclosure.

Environmental

Endorsement of this Policy has no environmental impact.

Economic

Endorsement of this Policy has no impact on economic policy.

Risk Management

While personal information is usually handled by Council staff, Council may outsource some of its functions to third parties. This may require the contractor to collect, use or disclose certain personal information (eg, waste collection). Council has processes in place in an effort to ensure contractors comply with the appropriate Acts in all respects. All requests for personal details by a contractor must be considered by Council’s Privacy Officer in accordance with legislation and Council policy.

Requests by a third party for personal information held by Council must be assessed.

103. 103 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.3.1 Mansfield Shire Council Privacy and Data Protection Policy and Procedures 2017 cont.

Unauthorised disclosure of personal data to a third party is considered a breach of the Policy.

This Policy includes comprehensive procedures which discuss the method for dealing with breaches of privacy in relation to personal data held by Council. In accordance with the Office of Australian Information Commissioner, such breaches will be dealt with on a case- by-case basis.

Community Engagement

Due to the legislative nature of this Policy, community consultation is not required.

Officer’s Comments

Council considers that the responsible handling of personal information is a key aspect of democratic governance and is strongly committed to protecting an individual's right to privacy. Accordingly, Council is committed to full compliance with its obligations under the Information and Data Protection Act 2014 which sets standards for the way Victorian government organisations, statutory bodies and local councils collect and handle personal information.

Councillors Attley/Olver:

That Council endorse the Mansfield Shire Council Privacy and Data Protection Policy and Procedures 2017. Carried

5.40pm – Senior Strategic Planner, Kathy Richardson, departed the meeting.

104. 104 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

ATTACHMENT 10.3.1

MANSFIELD SHIRE COUNCIL PRIVACY AND DATA PROTECTION POLICY AND PROCEDURES 2017

(13 PAGES)

105. 105

Council Policy

Privacy and Data Protection Policy and Procedures

Unit: First Implemented: 26 November 2002 Origin: Governance Reviews: 6 March 2013 Initiated by: 2 October 2014 Governance & Council Support 30 September 2015 Admin. Assistant 17 October 2017 Finalised by: Effective From: 21 November 2017 Governance & Council Support Review Date: 30 November 2020 Admin. Assistant 5 Version: For endorsement by Council Trim Reference: E513

Governance Use Only

Action / Status: • To EMT for comment/review: Yes • Staff consultation required: No • Review by Audit & Risk Advisory Committee: No (copy to be provided once endorsed by Council) • Review by Councillors: Yes/No • For consideration and endorsement by Council: 21 November 2017

PURPOSE/OBJECTIVES

The aim of this policy is to ensure that everyone handling personal data is fully aware of the requirements and acts in accordance with data protection procedures. This document also highlights key data protection procedures within the organisation.

Council will comply with the Information Privacy Principles (IPPs) contained in the Privacy and Data Protection Act 2014.

This Privacy and Data Protection Policy is to be read in conjunction with the Privacy and Data Protection Policy Procedures. They set out how Mansfield Shire Council will: i. collect, hold, use and disclose personal information of individuals; ii. how individuals can gain access to information; iii. how individuals can correct inaccuracies in information held by Council; and, iv. how an individual may lodge a complaint regarding breaches of privacy.

Page 1 of 13

106 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

POLICY STATEMENT

Mansfield Shire Council seeks to responsibly manage any personal information or health information it handles. Council is committed to protecting individual’s right to privacy and the responsible and fair handling of personal and health information, consistent with the Privacy and Data Protection Act 2014 and the Health Records Act 2001.

Accordingly, Council will adhere to the Information Privacy, Privacy and Data Protection and Health Privacy Principles at all times when undertaking our statutory functions and activities, so that the privacy of individuals can be protected.

This policy and its associated procedures have been developed in order to:

• Establish a regime for the responsible collection, storage, handling and disclosure of personal information; • Provide individuals with right of access to information about themselves which is held by the organisation; • Provide individuals with the right to request correction and amendment of information about themselves held by Council, including information held by contracted service providers.

This Policy outlines the ten (10) Information Privacy Principles (IPPs) and eleven (11) Health Privacy Principles (HPPs) as set out in the Privacy and Data Protection Act 2014 .

The IPPs and HPPs establish standards for the handling of personal and/or sensitive information including collection, use, disclosure, storage, security, accessibility and disposal.

The ten Information Privacy Principles are:

1. Collection: A Government organisation can only collect your personal information if it is necessary to fulfil the organisation's function.

2. Use and Disclosure: Your personal information should be used and disclosed for primary purpose for which it was collected unless it is for a secondary purpose that you would reasonably expect, Or your consent may be requested. The law also allows some uses and disclosures without consent such as to protect safety.

3. Data Quality: Organisation must keep your personal information accurate, complete and up to date.

4. Data Security: Personal information must be protected from misuse, loss and unauthorised access, modification or disclosure. Page 2 of 13

107 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

5. Openness: Organisations have clearly expressed policies on the way they manage personal information. You can ask to have a look at the organisation's privacy policy.

6. Access and Correction: You have a right to seek access to your own personal information and to seek corrections if necessary. Access and correction will be handled mostly under the Victorian Freedom of Information Act.

7. Unique Identifiers: Unique identifiers, usually a number, can facilitate data matching. Use of unique identifiers by organisations is only allowed under certain conditions.

8. Anonymity: Where lawful and feasible, you should have the option of transacting with an organisation without identifying yourself.

9. Transborder Data Flows: If your personal information travels outside Victoria, your privacy protection should travel with it.

10. Sensitive information: This includes your racial or ethnic origin, political views, religious beliefs, sexual preferences, membership of groups or criminal record. The law puts special restrictions on the collection of this information.

The eleven Health Privacy Principles are:

1. Collection As above

2. Use and Disclosure As above

3. Data Quality As above

4. Data Security and Retention As above

5. Openness As above

6. Access and Correction As above

7. Identifiers Identifiers, usually a number, can facilitate data matching. Use of identifiers by organisations is only allowed under certain conditions.

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108 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

8. Anonymity As above

9. Transborder Data Flows As above

10 Transfer/closure of the Practice of a Health Service Provider Not applicable to Mansfield Shire Council.

11. Making Information available to another Health Service Provider Information relating to an individual may be provided to a health service provider at the request of that individual.

Mansfield Shire Council will only collect personal and health information that is necessary for its functions and activities. In some instances, Council is required by law to collect personal information. Council will only collect sensitive information where you have consented or as permitted under legislation.

SCOPE

This policy applies to all Mansfield Shire Council employees, Councillors, contractors and volunteers.

Council collects, stores, amends, discloses and destroys personal information by lawful and fair means and not in an unreasonably obtrusive way. The types of personal information collected generally include name, address, age group, gender, contact details (including phone, fax and email) and information collected as a result of a person or persons using or acquiring Mansfield Shire Council products or services, eg, maternal and child health services, aged and disability services, rates, garbage collection service.

The policy covers personal information that has been sourced from third parties and covers the privacy of individuals.

RESPONSIBILITIES

All Mansfield Shire Council employees, Councillors, contractors and volunteers are responsible for adhering to and implementing this policy.

Adherence to the Privacy and Data Protection Policy will be overseen by the Chief Executive Officer, with any associated procedures implemented by the Governance Co-ordinator.

Council’s Privacy Officer is the Governance Co-ordinator.

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109 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

The Governance Unit is the owner of this Policy. Any reviews of this Policy must be made in consultation with the Governance Unit and Chief Executive Officer.

Unauthorised disclosure of personal data to a third party is considered a breach of this Policy. In accordance with the Office of Australian Information Commissioner, such breaches will be dealt with on a case-by-case basis.

DEFINITIONS

Act Privacy and Data Protection Act 2014 Personal information Information or opinion, whether true or not and whether recorded in material form or not, about a living individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. Sensitive Information Information or opinion about an individual’s ethnic origins, religious beliefs, political opinions or association, philosophical beliefs, membership of professional association or trade union, sexual preferences or practices and criminal record. Health information Information or opinion about the physical, mental, psychological health of an individual, disability of an individual or a health service provided or to be provided to an individual, but does not include information about an individual who has been deceased for more than 30 years. HPPs Health Privacy Principles IPPs Information Privacy Principles

REFERENCES

• Children, Youth and Families Act 2005 • Fences Act 1968 • Freedom of Information Act 1982 • Health Records Act 2001 • Information Privacy Principles (Australian Government – Office of the Australian Information Commissioner) • Privacy Act 1998 • Privacy and Data Protection Act 2014 • Public Records Act 1973 • Victorian Protective Data Security Securty Standards (Offie of the Victorian Information Commissioner Privacy and Data Protection)

IMPLEMENTATION

This policy is effective from XXX.

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110 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

REVIEW DATE

This Policy is to be reviewed by 30 November 2020 unless legislative changes determine otherwise.

AUTHORISATION TO IMPLEMENT POLICY

Signed: ______Witnessed: ______Councillor Chief Executive Officer

Approval dated: XXX

Mansfield Shire Council reserves the right to review, vary or revoke this Policy at any time.

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111 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

PROCEDURES

The following procedures are designed to ensure that all decisions relating to this policy are made in a consistent and open manner.

The Information Privacy Principles (IPPs) and Health Privacy Principles (HPPs), as outlined in Council’s Privacy and Data Protection Policy, are the practical core of the Privacy and Data Protection Act 2014.

Personal Information

As part of the services provided to the community, Mansfield Shire Council may hold personal information that is necessary for its functions. For example:

• Name, address, property, bank account and other financial details of ratepayers for undertaking its rating and valuation services, town planning and building statutory functions and other property related services and enforcement activities. • Name, address and contact details of individuals who contact the Council with respect to requests or complaints related to Council services.

Sensitive Information

Mansfield Shire Council may also hold sensitive information that is necessary for its functions. For example:

• Individuals receiving Council services related to maternal and child health, youth and aged and disability services, and counselling programs. • Personal information of employees, volunteers and contract service providers, relevant to their employment or contract with the Council. • Information pertaining to criminal record.

Health Information

Mansfield Shire Council may also hold health information that is necessary for its functions. For example:

• Information or opinion about the physical, mental, psychological health of an individual. • Disability of an individual or a health service provided or to be provided to an individual, but does not include information about an individual who has been deceased for more than 30 years. • Information about the immunisation status of school-based individuals.

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112 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

Collection

Mansfield Shire Council will collect personal information lawfully and fairly and only collect personal information that is necessary for its functions and activities, including:

• Directly from the individual via an application form or correspondence or in response to a request from Council. • From third parties, such as contracted service providers, health service providers or the individuals authorised representatives or legal advisers • From publicly available sources of information • When legally required to do so. • As far as it is practicable to do so, Council will collect personal information about an individual directly from that individual. It will also inform the individual of the purposes for which the information is collected, whom it will be disclosed to and how he/she is able to gain access to the information.

Mansfield Shire Council will not collect sensitive or health related information unless:

• The individual has consented. • It is required by law. • It is necessary to prevent or lessen a serious and imminent threat to the life, health or safety of an individual or the public. • It is necessary for the establishment, exercise or defense of a legal claim. • It is necessary for research, compilation and analysis of statistics relevant to government funded community programs.

Council will take reasonable steps to retain confidentiality of any personal information given in confidence about an individual, by another person or a health service provider, in relation to the provision of care or health services to the individual.

Upon collection Council will inform the individual: • why the information is being collected, • to whom the information will may be disclosed and why, • any law that requires Council to collect the information, • the consequences for the individual if all or part of the information is not collected, and • the fact that he/she is able to gain access to the information.

If Council collects personal information about an individual from someone else, it will take reasonable steps to ensure that the individual is made aware of it.

Council will collect personal information about a child under the age of 18, only with the consent of the child’s parent or guardian.

However, in certain circumstances Council may exercise discretion in obtaining parental/ guardian consent for the collection of young person’s information where parental/guardian involvement may hinder the delivery of services to a young person. If a young person under the age of 18 years is living independently of their parents/guardian, permission to collect personal information may be provided.

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113 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

Use and Disclosure

Mansfield Shire Council will only use personal information for the primary purpose for which it was collected (for example, levying rates, billing, collection of debts, property valuation, town planning and building approvals, provision of family and counselling services, community services and waste management services, enforcement activities and asset management) and any related purpose the individual would reasonably expect the Council to use or disclose the information to, or where the individual has consented to the use or disclosure.

The information may be disclosed:

• To Council’s contracted service providers who manage the services provided by Council, including, waste collection, meals preparation for aged and disability services, environmental health inspections and infrastructure maintenance. Council will also require these service providers to maintain the confidentiality of the information and comply with the privacy principles in all respects. • To statutory bodies (eg, VicRoads, Goulburn- MurrayWater) for the purposes of targeted consultation processes on major projects that could affect residents. • To individuals for the purpose of serving a notice to fence as required by the Fences Act 1968. • To the Victorian Electoral Commission, Australian Electoral Commission for the compilation of voters rolls • To statutory bodies (eg. Centrelink, Child Support) for purposes required by relevant legislation. • To Victoria Police, Australian Federal Police, fire department(s) or State Emergency Service or other appropriate agencies for emergency or law enforcement purposes only. • Where appropriate under another Act, including Freedom of Information Act 1982. • In public registers that need to be maintained in accordance with other Acts, as a release of information relevant for the purpose for which the registers exist. • To an individual’s authorised representatives, health service providers or legal advisers. • To Council’s professional advisers, including accountants, auditors and lawyers. • To organisations assisting the Council to perform statistical analysis for improving the services being delivered to the community. However, where practicable and reasonable, steps will be taken to de-identify the information. • To an immediate family member of the individual, for emergency reasons, or if it is necessary to provide the appropriate care or health service to the individual. • To any recipient outside Victoria, only if they are governed by substantially similar privacy principles, or the individual has consented to the transfer or would be likely to give it, if it was practicable to obtain that consent. • When legally compelled to do so (eg under direction of a court order).

Security

Mansfield Shire Council will endeavour to maintain a secure system for storing personal information and will utilise appropriate technologies, security methods, operational policies and procedures to protect the information from unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss. Page 9 of 13

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Council will dispose of personal information where it is no longer necessary to fulfil the purposes for which the information was collected or as required by law. Retention of information will be considered in accordance with the Health Records Act 2001 and the Public Records Act 1973.

Access and Correction

• Mansfield Shire Council will provide individuals with access to their personal information on written request to the Privacy Officer, except in specific circumstances as outlined within the Privacy and Data Protection Act 2014 and the Freedom of Information Act 1982. • If an individual is able to establish that the personal information is inaccurate, incomplete or out-of-date, then Council will take reasonable steps to correct the information. • If access or correction of the personal information needs to be denied, as required by law or relates to legal proceedings, or the release would pose a serious threat to the life or health of any person, or is classified as confidential information, the Council will give the individual the reasons for that decision as soon as practicable. • In the event that Mansfield Shire Council and an individual disagree about the veracity of the personal information held by Council, reasonable steps will be taken to record a statement relating to the disputed information, if requested by the individual.

Request for Information by Third Parties

All requests for personal contact details must be considered by the Mansfield Shire Council Privacy Officer.

The Privacy and Data Protection Act 2014 allows for the application of IPPs to guide Mansfield Shire Council in considering disclosure of personal contact details with respect to resident and ratepayer information.

Under the IPPs, Mansfield Shire Council may disclose personal information for such a purpose as it is related to the facilitation of a statutory process and also that a resident and ratepayer might reasonably expect disclosure to be made in this instance.

A written assurance by the requesting body is required that the contact details will be used solely for the purpose of printing and mailing resident and ratepayer letters and notifications as part of the reason for request, and that it will not be retained, copied or disseminated for unrelated purposes – see Appendix 1. The written assurance must also confirm that Council has informed name of company/person making request about the relevant IPPs – see Appendix 2.

A copy of the standard request to organisations is attached to this Policy (Appendix 1), together with the assurance letter to be completed by the requesting organization (Appendix 2). Page 10 of 13

115 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

Anonymity

Where lawful and practicable, individuals may exercise the option of not identifying themselves when supplying information or entering into transactions with Mansfield Shire Council.

External Contractors

Breaches of this Policy

1. Contain the breach and undertake a preliminary assessment; 2. Evaluate the risks associated with the breach; 3. Notification (of those affected); 4. Prevent future breaches.

Complaints

An individual may lodge a complaint with Mansfield Shire Council’s Privacy Officer regarding the handling of personal information. The Officer will investigate the complaint as soon as possible (but no later than 5 business days) and provide a written response. Such response may be interim in nature if time is insufficient to give a full reply.

Alternatively, individuals may lodge a complaint with the Office of the Victorian Privacy Commissioner for personal information, about a Council act or practice that may be an interference with their privacy. However, the Commissioner may decline to entertain the complaint, if the complainant has not first complained to the Council.

Future Changes

These Privacy and Data Protection Procedures may be varied from time to time to reflect technological changes, legislative amendments and community feedback.

Further Information

Copies of this policy are readily available from Council’s website, www.mansfield.vic.gov.au and from the Mansfield municipal office. Further information with respect to the Council’s Privacy and Data Protection Policy and its handling of personal information can be obtained from Council’s Privacy Officer.

Page 11 of 13

116 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

APPENDIX 1 (THIS FORM IS TO BE PLACED ON REQUESTING COMPANY’S LETTERHEAD)

I, of have read and understood the Mansfield Shire Council’s Privacy and Data Protection Policy relating to the disclosure of personal contact details with respect to resident and ratepayer information.

I confirm that the disclosed information has been requested for the purposes of:

(Please record purpose of request)

Once signed, this document forms the written assurance required that the contact details will be used solely for the purpose outlined above and will not be retained, copied or disseminated for unrelated purposes and that Council has informed (please insert Company name) about the relevant Information Privacy Principles.

Signed: Name: Title: Company:

day this 20 of

IN THE PRESENCE OF:

Witness Name: Signed:

Page 12 of 13

117 POLICIES AND PROCEDURES: PRIVACY AND DATA PROTECTION POLICY: FOR COUNCIL ENDORSEMENT: 21 NOVEMBER 2017

APPENDIX 2 Enquiries: Officer Name Telephone: (03) 5775 8XXX

Our Ref: E

Date

To be sent on

Address Mansfield Shire

Council letterhead.

Dear

INFORMATION PRIVACY PRINCIPLES FOR RATEPAYER DATABASE

The Victorian Privacy and Data Protection Act 2014 allows for the application of Information Privacy Principles (IPPs) to guide Council in considering disclosure of personal contact details with respect to resident and ratepayer information.

It is understood that the contact information has been requested for the purposes of insert reason for request.

Under the IPPs, Council may disclose personal information for such a purpose as it is related to the facilitation of a statutory process and also that a resident or ratepayer might reasonably expect disclosure to be made in this instance.

With respect to IPP 4 (data security), Council is required to take reasonable steps to protect such personal information from misuse. In this context, such requests must confirm the name and contact details of the organisation making the request. It is acknowledged that name of person or company has already provided adequate information in this respect as part of the request.

A written assurance is required that the contact details will be used solely for the purpose of printing and mailing resident and ratepayer letters and notifications as part of the reason for request and will not be retained, copied or disseminated for unrelated purposes. The written assurance also confirms that Council has informed name of company/person making request about the relevant IPPs.

I would be grateful if you could sign the attached assurance, on company name letterhead, and return it to Council at your earliest convenience. A copy of the ratepayer information will then be forwarded to you for the purposes you have stated.

Yours sincerely

Dawn Bray Privacy Officer

Page 13 of 13

118 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.3 EXECUTIVE SERVICES CONT.

10.3.2 Finance Report: 1 July 2017 to 31 October 2017

File Number: E24 Responsible Officer: Finance Manager, Mandy Kynnersley

Disclosure of Conflicts of Interest

The author of this report does not have a Conflict of Interest in this matter.

Introduction

This finance report provides information on Council’s operating and capital performance against the 2017-18 Budget. Favourable variances are reported as positive values, while unfavourable variances are negative values.

The following attachments form part of this month’s financial report:

· Income and Expenditure Report · Operating Finance Report – Income and Expenditure · Capital Finance Report – Income and Expenditure · Balance Sheet · Statement of Cash Flows

Background

Council, at its Special meeting of 27 June 2017, adopted the budget for the 2017-2018 financial year. Variances have been reported against the original 2017-18 Budget.

Statutory Requirements

Under Section 138 of the Local Government Act 1989, at least quarterly a report comparing expenses and revenue to budget must be presented to the Council.

Council Plan

The financial report is in line with the Council plan goal of Responsible Leadership.

Financial

The reports attached provide the opportunity for regular review of Council’s financial position to ensure compliance with budgets.

Social

Nil.

Environmental

Nil.

119119. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.3.2 Finance Report: 1 July 2017 to 31 October 2017 cont.

Economic

Nil.

Risk Management

Regular financial reporting is part of Council’s financial strategy to ensure budgets are complied with and ensure the short to medium term financial sustainability of Council.

Community Engagement

The report forms part of the Council meeting agenda and minutes which are public documents.

Officer’s Comments

Operating Finance Report:

Operating Income & Expenditure Actual against Budget

The year to date operating result is favourable against the 2017-18 Budget by $796k (9%). Major variances are summarised below.

Unfavourable Variances · $64k Strategic Planning – Council was unsuccessful in obtaining funding for the Mansfield Business District Streetscape and Placemaking Strategy. The project will therefore not proceed as planned which will result in reduced expenditure later in the year to offset the lack of income. · $40k Economic Development Programs – Timing of the TNE payments, which were made earlier than budgeted. · $51k Plant Operating – Plant hire recovery is currently under budget. This is offset by reduced expenditure in Road Network Maintenance and Parks and Gardens. This is an internal charge only. · $164k Salaries & Wages Clearing – total wages under budget YTD, which results in lower oncost income (internal charge only).

Favourable Variances · $112k Arts, Culture & Library – Timing issues relating to grant income and contributions to the hub. · $50k Family Youth & Children Services – Integrated Family Services and Youth Development income received earlier than budgeted. · $52k Sport & Recreation – Timing issues relating to the pool operating costs, and the sporting complex income. · $23k Customer Services & Records – Timing issues relating to software expenses. · $35k Human Resources – Expenses under budget YTD across recruitment costs, consultants and training. · $26k School Crossing Supervisors – Grant income received earlier than budgeted.

120. 120 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.3.2 Finance Report: 1 July 2017 to 31 October 2017 cont.

· $49k Statutory Planning – Planning fees are over budget YTD. · $50k Waste Management – Income over budget due to supplementary rates. · $93k Engineering Services – timing issues relating to consultancy costs. Wages under budget to due to staff vacancy and asset management position. · $80k Parks & Gardens – Plant hire (offset by under recovery of plant income), wages and material and services under budget YTD. Timing of projects which increase over spring. · $258k Road Network Maintenance - Plant hire (offset by under recovery of plant income), wages and materials and services under budget YTD. · $25k Financial Services – timing of loan interest repayments and wages under budget YTD. · $142k Revenue Services - $48k Fire Services Property Levy grant income received earlier than budgeted. Rate income over budget by $88k YTD due to supplementary rates.

Capital Works:

Capital Income & Expenditure Actual against Forecast

The net year to date capital works variance (net of capital income) is $306k favourable to the 2017-18 Budget. Major variances are predominately timing issues and include the following areas.

Unfavourable Variances · $102k Plant – timing of budget only.

Favourable Variances · $307k Bridges & Culverts - Lakins Road / Withers Lane Culvert project is now complete. Carried forward $423k to 17-18 budget however much of this work was actually completed in 16-17. · $59k Land – $34k sale of land was unbudgeted. · $59k Sport & Recreation – Tennis Hit up wall currently being scoped (timing). Swimming pool refurbishment is partly carry forward budget from 16-17.

Overall Position:

Operating Variance Favourable/(Unfavourable) $796,784 Capital Variance Favourable/(Unfavourable) $306,566 Total Variance Favourable/(Unfavourable) $1,103,350

Balance Sheet:

Current Assets:

Cash and investments total $7.8m and includes $6m general investments and $257k for the Cemetery Trusts.

121. 121 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.3.2 Finance Report: 1 July 2017 to 31 October 2017 cont.

Net current receivables of $9.5m, includes rates debt of $9.1m, sundry debtors of $293k, and loan debtors of $41k. Loan debtors represent the principal not yet due for payment in relation to street schemes where residents have opted to repay over an agreed term and community group loans.

Debtors are being monitored and regular follow up action taken to minimise any write offs.

Council is generally owed money for the GST input tax credit and BASs are lodged monthly. All legislative requirements are being met.

Current Liabilities:

The major items here are provisions of $2.1m ($1.6m employee benefits & $450k landfill) and trust funds of $948k. Trust funds include $257k Cemetery Trust, $499k Refundable Deposits and $192k Fire Services Levy. Fire Services Property Levy collections are held in trust until forwarded to the State Revenue Office.

Current Ratio: 5.17 : 1

The high working capital ratio is reflective of the full year rates income being raised in August and reported as a current asset (debtors). Only one of four instalments of rates notices has fallen due.

Non-Current Assets:

These include all infrastructure assets and for the purpose of this report the cost of the 2017-18 capital works has been treated as WIP and added to the balance sheet here.

Non-Current Liabilities:

Major items here include loan liability $2.5m.

Councillors Westendorp/Sladdin:

That Council receives the Finance Report for the period 1 July 2017 to 31 October 2017. Carried

122. 122 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

ATTACHMENT 10.3.2

FINANCE REPORT: 1 JULY 2017 TO 31 OCTOBER 2017

(7 PAGES)

123. 123 Mansfield Shire Council Income & Expenditure Summary For Period Ending October 2017

2016–17 2016–17 2016–17 YTD YTD Total YTD YTD Variance Percentage Budgets Budgets Actuals Variance

OperatingOperatingOperating

IncomeIncomeIncome Cash Operating Contributions (43,500) (14,496) (17,900) 3,404 23% High Country Equity 0 0 0 0 0% Interest Income (159,600) (53,180) (50,000) (3,180) -6% Operational Grants - Non Recurrent (244,910) (113,068) (205,872) 92,804 82% Operational Grants - Recurrent (2,429,449) (738,016) (848,967) 110,951 15% Other income (93,250) (31,072) (17,697) (13,375) -43% Rates & Charges (12,985,837) (12,925,825) (13,057,593) 131,768 1% Sale of Assets (500,000) 0 0 0 0% Statutory Fees & Charges (261,134) (86,596) (115,810) 29,214 34% User Charges (626,398) (136,236) (181,599) 45,363 33% Income (17,344,079) (14,098,489) (14,495,438) 396,949396,949396,949 3%3%3%

Expenditure

Depreciation 3,200,000 0 0 0 0% Employee Costs 8,664,168 2,902,514 2,697,306 205,208 7% Finance costs 191,380 63,768 55,456 8,312 13% Materials & Contracts 6,232,026 1,937,508 1,766,790 170,718 9% Other 299,140 78,754 63,156 15,598 20% Sale of Assets 500,000 0 0 0 0% Expenditure 19,086,71419,086,71419,086,714 4,982,5444,982,5444,982,5444,582,7084,582,7084,582,708 399,836399,836399,836 8%8%8%

OperatingOperatingOperating 1,742,636 (9,115,945) (9,912,729) 796,784796,784796,784 9%9%9%

CapitalCapitalCapital

IncomeIncomeIncome Cash Operating Contributions (50,000) (10,000) 0 (10,000) -100% Operational Grants - Non Recurrent (582,904) (40,000) (10,000) (30,000) -75% Operational Grants - Recurrent (906,708) 0 10,000 (10,000) -100% Sale of Assets (106,000) 0 (79,414) 79,414 100% Income (1,645,612) (50,000)(50,000)(50,000) (79,414) 29,41429,41429,414 100%

Expenditure Employee Costs 0 0 129 (129) -100% Materials & Contracts 5,020,774 791,241 513,960 277,281 35% Sale of Assets 62,787 0 0 0 0% Expenditure 5,083,5615,083,5615,083,561 791,241 514,089514,089514,089 277,152277,152277,152 35%35%35% CapitalCapitalCapital 3,437,9493,437,9493,437,949 741,241 434,675434,675434,675 306,566306,566306,566 41%41%41%

Grand Total 5,180,585 (8,374,704) (9,478,054) 1,103,3501,103,3501,103,350 13%13%13%

124 Mansfield Shire Council Operating Report - by Business Unit For Period Ending October 2017

2016–17 2016–17 2016–17 YTD YTD Total YTD YTD Variance Percentage Budgets Budgets Actuals Variance

CEO Chief Executive Office 458,892 117,109 112,293 4,816 4% Corporate Services 465,848 282,130 297,266 (15,136) -5% Council 240,695 100,012 83,450 16,562 17% Local Government Partnerships 10,000 0 0 0 0% Total CEO 1,175,435 499,251499,251499,251 493,010493,010493,010 6,2416,2416,241 1%1%1%

Community Services Aged & Disability Services 274,340 42,564 24,973 17,591 41% Arts, Culture & Library 208,520 65,998 (46,684) 112,682 171% Community Assets & Land Management 38,050 11,263 3,297 7,966 71% Community Development 200,689 65,713 55,236 10,477 16% Emergency Management Recovery 14,261 4,187 (15,405) 19,592 468% Family Youth & Children's Services 303,696 92,538 41,701 50,837 55% Operations & General Service Provision 254,758 91,398 103,582 (12,184) -13% Sport & Recreation 242,443 68,068 15,335 52,733 77% Total Community Services 1,536,7571,536,7571,536,757 441,729441,729441,729 182,033 259,696259,696259,696 59%59%59%

Corporate & Organisational Development Customer Service & Records 405,471 152,315 128,351 23,964 16% Human Resources 375,556 135,512 100,251 35,261 26% Information Technology 503,344 246,205 230,014 16,191 7% Risk Management 85,607 25,193 20,573 4,620 18% Salaries & Wages Clearing 120,000 120,000 105,670 14,330 12% School Crossing Supervisors 35,000 11,124 (9,461) 20,585 185% Total Corporate & Organisational Development 1,524,9781,524,9781,524,978 690,349690,349690,349 575,397575,397575,397 114,952114,952114,952 17%17%17%

Development Services Building 47,670 8,383 10,181 (1,798) -21% Development Services Management 426,465 149,170 138,367 10,803 7% Emergency Management 83,934 24,201 17,715 6,486 27% Environment 84,743 21,551 23,793 (2,242) -10% Health 65,129 55,709 52,241 3,468 6% Local Laws 53,772 59,679 55,476 4,203 7% Statutory Planning 233,229 75,337 25,386 49,951 66% Strategic Planning 274,624 15,118 79,353 (64,235) -425% Waste Management (1,161,744) (2,513,855) (2,564,232) 50,377 2% Total Development Services 107,822(2,104,707) (2,161,720) 57,013 3%3%3%

Economic Development Events 105,517 35,152 43,111 (7,959) -23% Operations 231,204 75,286 75,430 (144) 0% Programs 347,165 113,759 154,085 (40,326) -35% Projects 35,000 11,664 0 11,664 100% Total Economic Development 718,886 235,861235,861235,861 272,626 (36,765)(36,765)(36,765)-16%-16%-16%

Engineering & Works Buildings 4,690 1,582 459 1,123 71% Cemetery Trust 0 0 1,578 (1,578) -100% Emergency Management 7,754 0 0 0 0%

125 2016–17 2016–17 2016–17 YTD YTD Total YTD YTD Variance Percentage Budgets Budgets Actuals Variance Engineering Services 1,003,861 336,587 243,137 93,450 28% Field Services 285,187 91,389 80,349 11,040 12% Parks & Gardens 861,396 271,446 190,664 80,782 30% Plant Operating (249,888) (171,037) (119,450) (51,587) -30% Private Works (1,020) (286) (88) (198) -69% Road Network Maintenance 1,722,613 555,438 297,071 258,367 47% Total Engineering & Works 3,634,5933,634,5933,634,593 1,085,1191,085,1191,085,119 693,720 391,399391,399391,399 36%36%36%

Finance Depreciation 3,200,000 0 0 0 0% Financial Services (421,926) (65,717) (91,632) 25,915 39% Revenue Services (9,645,181) (9,868,823) (10,011,809) 142,986 1% Salaries & Wages Clearing (88,728) (29,007) 135,645 (164,652) -568% Total Finance (6,955,835) (9,963,547) (9,967,796) 4,249 0%0%0%

Grand Total 1,742,6361,742,6361,742,636(9,115,945) (9,912,729) 796,784 9%9%9%

126 Mansfield Shire Council Capital Works Report For Period Ending October 2017

Account RUNI 2016-17 2016-17 2016-17 YTD YTD Total YTD YTD Variance Percentage Budgets Budgets Actuals Variance

Bridges & Culverts 813080. Fords Creek - Deadhorse Lane (West) - BridgeU 423,978 423,978 (1,106) 425,084 100% 813084. Withers Lane Culvert R 0 0 118,084 (118,084) -100% 813086. Howqua Track Culvert Replacement R 250,000 0 0 0 0% 813087. Howqua Track Culvert Replacement - IncomeI (125,000) 0 0 0 0% Total Bridges & Culverts 548,978548,978548,978423,978423,978423,978 116,977116,977116,977 307,001307,001307,001 72%72%72%

Buildings 831036. Erril St - Rejuvenation Activation N 0 0 7,259 (7,259) -100% 841074. Jamieson Hall U 0 0 9,705 (9,705) -100% 851004. Building Refurbishment Program R 100,000 0 0 0 0% 851006. Shire Office Refurbishment R 20,000 0 3,571 (3,571) -100% 851012. Toilet Block Refurbishment Program R 20,000 0 0 0 0% 881145. Mansfield Community Centre R 50,000 16,660 0 16,660 100% 891015. Office Furniture & Equipment N 15,000 0 0 0 0% Total Buildings 205,000205,000205,000 16,66016,66016,660 20,53620,53620,536 (3,876)(3,876)(3,876)-23%-23%-23%

Community Projects 881168. Woods Point Tourism Infrastructure ImprovementsN 60,000 60,000 0 60,000 100% 881169. Woods Point Tourism Infrastructure ImprovementsI - Income (50,000) (50,000) 0 (50,000) -100% Total Community Projects 10,00010,00010,000 10,00010,00010,000 0 10,00010,00010,000100%100%100%

Information Technology 891020. Computer Purchases N 43,000 14,328 4,642 9,686 68% 891021. Computer Purchased (Other Departments) N 5,000 1,664 1,120 544 33% 891026. Planning System Replacement N 130,000 0 0 0 0% Total Information Technology 178,000178,000178,000 15,992 5,7625,7625,762 10,23010,23010,230 64%64%64%

Land 891051. Sale of Land I 0 0 (34,000) 34,000 100% 891054. Heavy Bypass Land N 25,000 25,000 0 25,000 100% 891055. Jamieson Land N 20,000 0 0 0 0% Total LandTotal Land 45,00045,00045,000 25,00025,00025,000 (34,000)(34,000)(34,000) 59,00059,00059,000236%236%236%

Plant 800999. Capitalisation Account R 62,787 0 0 0 0% 891010. Plant Purchases N 476,000 0 161,520 (161,520) -100% 891011. Plant/Vehicle Sales - Income I (106,000) 0 (45,414) 45,414 100% 891012. Vehicle Purchases N 141,000 70,000 56,693 13,307 19% Total PlantTotal Plant 573,787573,787573,787 70,00070,00070,000 172,799172,799172,799 (102,799)(102,799)(102,799)-147%-147%-147%

Roads 811122. Rural Roads Reseal R 280,000 0 75 (75) -100% 811123. Urban Roads Reseal R 164,000 0 4,625 (4,625) -100% 812075. Resheets R 412,000 0 150 (150) -100% 813079. Heavy Vehicle Bypass Route R 615,000 0 4,310 (4,310) -100% 813089. Heavy Vehicle Bypass Route - Income I (280,000) 0 0 0 0%

127 Account RUNI 2016-17 2016-17 2016-17 YTD YTD Total YTD YTD Variance Percentage Budgets Budgets Actuals Variance

814015. Ogilvies Road - Reconstruction R 105,000 0 0 0 0% 814016. Telemark Cr (Alpine Ride) Road ReconstructionR 0 0 20,083 (20,083) -100% 814017. Malcolm St (Chenery to Highett) Road ReocnstructionR 32,000 0 0 0 0% 814044. Hutchinsons Rd - Safety Imrpovements U 0 0 3,190 (3,190) -100% 814050. Alpine Ridge - Road Reconstruction R 567,000 0 0 0 0% 814052. Lochiel Rd - Road Reconstruction R 206,000 0 0 0 0% 814900. Roads to Recovery - Income I (906,708) 0 0 0 0% 821000. Footpath Reconstruction Programme R 66,000 0 0 0 0% 821113. Various - Signage R 4,000 0 0 0 0% 821118. Footpath - Chenery (East Side) Alisa to HunterN 80,000 0 0 0 0% 821119. Footpath - Chenery (East Side) Alisa to HunterI - Income (40,000) 0 0 0 0% 822100. Kerb & Channel - Reconstruction R 72,000 0 0 0 0% 823038. Appollo St (High to Curia) Stormwater ReconstructionR 30,000 0 0 0 0% 881135. Water & Stormwater Management ProgramU 62,000 0 0 0 0% Total Roads 1,468,2921,468,2921,468,292 00032,43332,43332,433 (32,433)(32,433)(32,433)-100%-100%-100%

Sport & Recreation 800084. Skate Park Project U 7,182 2,392 18,793 (16,401) -686% 841076. Mansfield Tennis - Hit up Wall and Hot ShotsN 160,559 160,559 0 160,559 100% 841077. Mansfield Tennis - HIt up Wall and Hot ShotsI - Income (137,904) 0 0 0 0% 845152. Additional Playing Field N 329,055 0 26,112 (26,112) -100% 845154. Swimming pool refurbishment R 50,000 16,660 70,933 (54,273) -326% 881103. Rail Trail Overheads - Maindample to TallarookN 0 0 4,331 (4,331) -100% Total Sport & Recreation 408,892408,892408,892179,611179,611179,611 120,169120,169120,169 59,44259,44259,442 33%33%33%

Grand Total 3,437,949 741,241741,241741,241 434,675434,675434,675 306,566306,566306,566 41%41%41%

Represented by: Renewal R 3,105,787 33,320 221,831 (188,511) -566% New N 1,484,614 331,551 261,677 69,874 21% Upgrade U 493,160 426,370 30,581 395,789 93% Total Expenses 5,083,561 791,241 514,089 277,152 35%

Income I (1,645,612) (50,000) (79,414) 29,414 59%

128 Mansfield Shire Council Current Month Year Balance Sheet March 2016 As at 31Oct-17 May 2017

2017-182017-182017-18 2016-172016-172016-17

Current Assets Cash and Investments 8,733,424 7,865,340 Inventories 63,670 40,236 Other Assets 3,739 125,108 Receivables 9,573,245 1,931,648 Current Assets 18,374,07818,374,07818,374,078 9,962,3329,962,3329,962,332

Non-Current Assets Receivables 80,826 95,252 Investment in Associates 102,746 102,746 Property 30,513,572 30,513,572 Infrastructure 82,603,279 82,603,279 Plant & Equipment 2,451,226 2,451,226 Work in Progress 141,760 141,760 WIP 2017-18 514,089 0 Non-Current Assets 116,407,498 115,907,835

Current Liabilities Provisions 2,109,647 2,110,207 Interest-bearing liabilities 222,200 399,967 Payables 272,589 1,079,955 Trust Funds 948,948 1,043,989 Current Liabilities 3,553,3843,553,3843,553,384 4,634,1184,634,1184,634,118

Non-Current Liabilities Interest-bearing liabilities 2,548,743 2,548,743 Provisions 314,809 314,809 Non-Current Liabilities 2,863,5522,863,5522,863,552 2,863,5522,863,5522,863,552

Net AssetsNet Assets 128,364,640 118,372,497

EquityEquityEquity

Accumulated Surplus brought forward 47,823,551 47,823,551 YTD Surplus (inc Capital Income) 9,992,143 0 Reserves 70,548,946 70,548,946 EquityEquityEquity 128,364,640 118,372,497

129 Mansfield Shire Council Statement of Cash Flows For Period Ending October 2017

2017-182017-182017-18 ActualActualActual

Operating activities Inflows Rates & Charges 5,430,422 Statutory Fees & Charges 115,810 User Charges 181,599 Operational Grants 1,054,839 Capital Grants 0 Contributions - Operating 17,900 Contributions - Capital 0 Other Income (27,344) Outflows Employee Costs (2,697,866) Materials & Contracts (2,476,221) Other (63,156) TOTALTOTALTOTAL 1,535,9821,535,9821,535,982

Investing activities Inflows Proceeds from Sale of Assets 79,414 Outflows Capital Works Expenditure (514,089) TOTALTOTALTOTAL (434,675)(434,675)(434,675)

Financing activities Inflows Proceeds from Interest Bearing Loans and Borrowings 0 Other

Ouflows Repayment of Interest Bearing Loans and Borrowings (177,767) Finance Costs (55,456) Other 0

TOTALTOTALTOTAL (233,223)(233,223)(233,223)

Net change in cash 868,084868,084868,084

Cash at Beginning of Year (1/7/2017) 7,865,340

CASH AT END OF PERIOD 8,733,4248,733,4248,733,424

130 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.4 COMMUNITY SERVICES

10.4.1 Tourism North East Quarterly Report 2017-2018 Quarter 1

File Number: E2017 Responsible Officer: Tourism & Economic Development Team Leader, Judy Dixon

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in relation to this matter.

Introduction

For information only, noting progress made by Tourism North East as per its quarterly report.

Background

Tourism North East (TNE) is a regional tourism board, set up by Tourism Victoria to develop a broad range of supply and demand driven tourism initiatives to increase visitation, spend and dispersal across the Victorian High Country region, which includes seven municipalities and four alpine resorts.

Council is in its second year of a three year memorandum of understanding with Tourism North East. Council’s membership costs $36,000 per annum and Council is represented by Chief Executive Alex Green. In addition, Council may elect to invest in a range of Tourism North East activities and strategies on a per annum basis.

Statutory Requirements

No statutory or legal obligations.

Council Plan

Council’s partnership work with TNE relates to the following Council Plan Strategic Objectives:

Participation and Partnerships, in particular, ‘Co-operate with Tourism North East, Mt Buller Mt Stirling Alpine Resort Management, Goulburn Murray Water and other key industry stakeholders to deliver a range of tourism and visitor services’.

Financial Sustainability, in particular, ‘Mansfield’s economy is diverse, with the agility to respond to changing consumer demands’.

Financial

Membership and activity investment is budgeted annually. Council is investing $30k for 2017 – 2018 to deliver tourism outcomes in industry development, product development and marketing.

131131. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.4.1 Tourism North East Quarterly Report 2017-2018 Quarter 1 cont.

Social

Not applicable.

Environmental

Not applicable.

Economic

The strategic and tactical work undertaken by Council together with TNE aims to inform and positively impact on investment, yield and yield dispersal for the local economy.

Risk Management

Not applicable.

Community Engagement

Council has an ongoing relationship with TNE and supports and facilitates regular information provision, industry development, product development marketing and public relations opportunities as they arise.

There are no direct community engagement requirements as an outcome of this report.

Officer’s Comments

TNE produces quarterly reports regarding progress against those initiatives in which Mansfield Shire Council has invested.

Highlights for this quarter include:

Ride High Country brand and campaign testing has provided guidance for the 2017 – 2018 campaign. Raising awareness of the destination is critical as awareness is low but subsequent intention to visit high. Results show it’s important to reinforce the appeal of the strengths of the region generally; the social nature of the experience and the associated landscapes and views. The Great Victorian Rail Trail and Mansfield as a cycle destination will feature throughout the campaign.

High Country Harvest has again been embraced by local business with a number of events being submitted for next year’s festival, including from the recently formed Mansfield Producers. Mansfield Shire and its offer is also represented in the High Country Food and Wine Guide.

TNE is developing Walk High Country as a brand along the lines of Ride High Country to take advantage of the desire of our visitors to walk – whether it is no more than a stroll or an overnight hike as per the masterplan for the Falls to Hotham Alpine Crossing. Our team at the Visitor Information Centre are currently working to populate a spreadsheet of our numerous walks around the shire to help inform the audit stage of this work. 132. 132 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.4.1 Tourism North East Quarterly Report 2017-2018 Quarter 1 cont.

TNE together with Council’s Tourism and Economic Development Team have been very busy delivering a range of workshops and mentoring for local businesses. There has been a great uptake of Australian Tourism Data Warehouse listings that translates to current and comprehensive content on our destination website.

The North East Cycling Optimisation Masterplan, the Hume Aboriginal Cultural Trail, Ned Kelly Alive and Lake EIldon product audit have kept our team busy working with TNE to progress these product development initiatives that have the potential for positive future impacts on our visitor economy.

The proposed Food & Agritourism research project, that is in the scoping stage, should have good synergies to complement our recently released Mansfield Paddock to Plate Agri-Tourism Alliance Growth Plan.

Mansfield businesses have been invited to respond to an expression of interest process for the next roll out of the Kickstart program which encourages and supports operators to create new, high quality and collaborative tourism product.

TNE has recently implemented a system upgrade to the regional digital platform and we have been working closely with TNE, to ensure content and listings are current and accurate. TNE has been engaged to manage the content. The drop in overall visitation to the site over the past year was expected due to the winding down of High Country Reservations and the fact that the Mt Buller accommodation listings no longer direct from the Mt Buller site. An active approach to content management, integrated with social media and the focus on business and events listings should result in increased visitation to the site.

The integration of the visitor information centre staff with Council’s Tourism & Economic Development Team has made for great synergies to help resource the Council effort required to support and capitalise on the efforts of the regional tourism board, particularly in the industry and product development, website and visiting journalist programs.

Councillors Westendorp/Attley:

That Council note the Tourism North East Quarterly Report 2017-2018 Quarter 1. Carried

133. 133 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

ATTACHMENT 10.4.1

TOURISM NORTH EAST QUARTERLY REPORT 2017-2018 QUARTER 1

(31 PAGES)

134. 134 TNE Activity Report – Mansfield Shire Council

2017-18 Q1

1. Introduction

Tourism North East (TNE) is the regional tourism board for the High Country, charged with developing a broad range of supply and demand driven tourism initiatives that deliver strong outcomes to the local visitor economy.

TNE works closely with Mansfield Shire Council as part of these regional efforts, collaborating with a range of other councils, industry partners and State entities like Visit Victoria and Regional Development Victoria to increase visitation, spend and dispersal in the High Country.

As part of this partnership, Mansfield Shire Council invests in a selection of tourism activities delivered by TNE that are most relevant to its own tourism efforts and product strengths, effectively leveraging a larger collective tourism spend that can maximise tourism results for the Mansfield Shire Council.

TNE generates quarterly reports about the initiatives that Mansfield Shire Council invests in. This report notes the key items delivered in quarter one of the new financial year.

2. Ride High Country

2.1 Brand and Campaign Testing

In 2016-17, the regional cycle tourism offering was united under one masterbrand – Ride High Country. This brand unifies the activity and the destination in a clear and cohesive manner and has spearheaded regional efforts to establish the High Country as the lead bike destination in the State.

The Ride High Country brand and core elements of the associated 2016-17 campaign were recently tested as part of a comprehensive market research project encompassed by the North East Victoria Cycle Tourism Masterplan (see point 8.2). The key marketing findings of this research were as follows:

● A significant jump in intention to visit came from simply telling cyclists/riders about the types of cycle experiences available in-region. This illustrated that one of the key issues

135 facing cycle tourism in the High Country is lack of awareness, pointing to the need for significant marketing investment. ● When looking at just one campaign execution – the Ride High Country billboard that featured on the Tullamarine Freeway – anywhere between 20-35% of the market saw the advert (depending on which cycle discipline they identified with). Looking at the mountain bike market where results were strongest, of those who saw the billboard: o 60% visited the RHC website o 50% spoke to their family and friends about it o 35% booked a trip to the High Country ● While the billboard featured a mountain bike rider, it resonated very strongly across all ride disciplines – in some instances testing better than discipline specific imagery – showing the importance of using strong images that showcase the region’s natural assets, which are a High Country product strength and competitive differentiator. ● Large format out of home advertising (like billboards) had the greatest effect (reach against cost) on raising awareness and driving positive perceptions of the Ride High Country offering amongst the region’s target markets. ● Imagery of cyclists that highlighted the abundance of intermediate terrain (across all disciplines) in the High Country, resonated strongly with target markets and had a positive effect on shifting perception of the current offering and subsequent intention to visit. ● The Ride High Country offering is associated with the words ‘challenging, scenic, fun and inspiring’ which has helped drive awareness and positive target market sentiment. ● Whilst cyclists are most likely to identify with one discipline in particular, there is incredibly strong cross over between all types of riding. As such, it is important that the Ride High Country campaign is multifaceted, showcasing the variety of cycling options available in-region.

136 These results highlight the success of the Ride High Country campaign to date, and offer valuable insights to guide the development of the 2017-18 Ride High Country program.

2.2 2017-18 Campaign

a) Consumer Lifecycle Focus The 2017-18 Ride High Country campaign forms year two of a five year strategic plan that is designed to progress the region’s target market from ‘awareness’ through to ‘advocacy’ within the awareness/consideration lifecycle.

Latent demand currently exists for Ride High Country with improvement in awareness metrics still a priority. Accordingly, all aspects of the 2017-18 campaign, from creative through to media channels, have been designed to drive awareness within the core Melbourne metro ‘Lifestyle Leader’ target market. b) Creative Overview The new Ride High Country marketing campaign has finessed the creatives of the 2016-17 program, removing some of the visual overlays to allow for greater focus on the communication message and call to action.

137 The 2017-18 creatives consist of both masterbrand executions and options for the three cycling disciplines of road, mountain-bike and rail trail. The masterbrand campaign features iconic/hero High Country cycling imagery (across multiple disciplines) to reinforce the region’s wide appeal.

The brand positioning line is ‘Australia’s premier cycling destination’ with a simple call to action of www.ridehighcountry.com.au. The image is surrounded by a contemporary white frame device with the existing Ride High Country wordmark on a semi-transparent angular swipe. The location of each photograph is also noted, continuing the geographical association between North East Victoria and the High Country brand.

As Mansfield Shire Council has bought into the Ride High Country program this year, local products like the Great Victorian Rail Trail and Mansfield as a cycle destination will also feature throughout the campaign.

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To ensure consistency and clarity of messaging, each of the three cycling disciplines follows the creative template set by the masterbrand creative. However, each discipline has its own colour palette and campaign line to allow TNE to differentiate discipline-specific audiences and offer seasonal flexibility, whilst still contributing to overall masterbrand equity.

All campaign elements (excluding hero imagery) and a Ride High Country style guide will be available to each LGA/RMB for their own marketing purposes. TNE encourages all stakeholders to include the Ride High Country brand in their destination-specific cycle marketing to enable them to leverage the larger regional campaign, and also assist in growing awareness of the complete regional offering encompassed by the brand.

c) Channel Overview In accordance with TNE’s campaign objectives and position within the awareness/consideration lifecycle, approximately 50% of the Ride High Country promotional budget will be devoted to larger format out of home advertising in metropolitan Melbourne. This includes both digital and static billboards and other high profile outdoor executions, which have been sourced to provide maximum value for money and exposure to cyclists (both active participants and considerers).

139 Additional campaign channels include: ● TNE owned social media and web (notably Ride High Country) ● Digital display advertising - both mobile and desktop ● Partner marketing with prominent titles including CyclingTips.com and Flowmountainbike.com - editorial, imagery and video ● Native advertisements ● Video roll programmatic ● Event marketing - including a presence at Around the Bay in a Day Expo ● Database capture ● Promotional competitions and prizes

All digital channels are both geo and psycho-targeted to ensure maximum efficiency in targeting and prospecting priority markets.

Working with smaller campaign partner agencies ensures that TNE can be nimble with all campaign elements to learn, adapt and change as required whilst being flexible with channels and locations to maximise efficiencies like distress rates.

The Ride High Country campaign runs from mid-November through to the end of April.

2.3 Ride High Country Website

The Ride High Country website consolidates the regional cycle tourism offering on one, easy to use site, maximizing opportunities for both brand awareness and conversion. This website looks to achieve several key objectives:

• To make it easy for visitors to research their complete High Country cycle tourism experience via one central portal. • To connect people with cycle-specific businesses who can specifically cater to their cycle needs. • To inspire people to book a cycle tourism experience in the High Country.

The site has continued to see very high levels of engagement with visitors viewing an average of 3.22 pages/session and spending 2m:52sec on site, which are very strong results and demonstrate strong interaction with site content compared to the regional average of 2.60 pages/session.

140 There have been a series of enhancements to the site during the first quarter:

● Integration of the 7 Peaks website within the road cycling area of Ride High Country, thereby incorporating the region’s hero road cycling campaign within the Ride High Country offering. ● Introduction of enhanced Township/Destination pages that feature the Stay-See-Do offerings of the destination along with ride highlights. ● Redesign of the Cycle Services pages providing a cleaner layout through the use of filtering options based on type of service and destination. ● Improvements to the site navigation providing quicker access to frequently viewed content. ● Introduction of Click-map and Scroll-map analysis of key pages to better understand how visitors are using the site.

A series of further enhancements are planned to be introduced during quarter two, largely targeting destination awareness and quick access to destination specific content within each of the ride genres.

2.4 Ride High Country Social Media

After the launch of the Ride High Country Instagram and Facebook accounts in mid-June, and a dedicated fan acquisition program on Facebook, both accounts have seen valuable and tangible engagement. A mix of user generated content and owned content has seen equal promotion of all three disciplines and most regional locations. Once the official mountain bike season launches in the second quarter and the weather warms up, it is expected there will be even more content across all destinations.

Key activity on Facebook are ‘Local’s Posts’ and ‘Town Features’, receiving exceptional engagement, with associated commentary directly demonstrating the likelihood of this inspiration phase leading to planning and booking. This approach also illustrates the importance of using the destinations and local characters to tell the region’s cycle story.

141

Interestingly, the Instagram posts that have received some of the highest level of engagement are those that feature scenic and inspirational views of the High Country without any bikes in them. This highlights two points - when it comes to travel and inspiration, even when it is product specific, the escapism and natural beauty of the region is key; and that cyclists aren’t just looking for tracks, trail and rides but holistic tourism experiences.

142

It must be noted that with the creation of new social media accounts, comes a honeymoon period of exceptional rates of engagement and new fans and followers, which is quite apparent with the new Instagram account. Towards the end of September, TNE has noted that this flurry of activity is starting to subside to more normal rates. As mentioned previously, showcasing the region’s visually spectacular assets, along with local insights form the basis of strong engagement so far for these accounts.

143 FACEBOOK Objectives Metric KPI ACTUAL Brand advocacy Engagement rate 3.94% 4.37% Fan acquisition New pages likes increase 1.17% 8.62%

INSTAGRAM Objectives Metric KPI ACTUAL Brand advocacy Engagement rate 2.95% 35.85% Fan acquisition New followers 2.27% 19.61%

2.5 Ride High Country Preferred

In 2016-17, TNE developed the Ride High Country Preferred initiative to augment the region’s Cycle Friendly Business Initiative. Ride High Country Preferred was established to identify businesses who specifically tailored their businesses to meet the needs of cycle tourists, and therefore offer the best cycle tourism experience when in-region. It aims to help cyclists visiting the region find businesses catering to their needs, have a truly memorable stay, and in turn encourage them to re-visit and tell their cycling friends to book a trip.

Businesses must fulfil specific criteria to be eligible and 50 businesses have now signed-up to this program increasing their exposure to the ever growing bike market. This initiative has also provided businesses with an opportunity to be recognised through TNE marketing channels and cycle related media, including but not limited to:

● Priority listing on the Ride High Country website, which is the call to action for the high profile Ride High Country marketing campaign. ● The ability to take advantage of special advertising opportunities including discounted rates in the Ride High Country Guide ● Increased media exposure via TNE’s cycle tourism PR program.

144 3. Ride High Country Guide

Formerly known as ‘Victoria’s High Country Cycle Guide’, the new Ride High Country Guide is being reimagined in-line with the look, tone and feel of the Ride High Country masterbrand and campaign. This extremely high quality publication will be image rich and visually stimulating to ensure that it effectively represents the regional offering and has a long shelf-life.

The first half of the guide is devoted to each of the three cycling disciplines and associated experience highlights available across the High Country. Editorial has been written by well- respected journalists from each discipline, including Flow Mountain Bike, CyclingTips and Treadlie Magazine, ensuring that it is written by cyclists for cyclists

Consistent with the Ride High Country website, the second half of the publication focuses on each of the 12 cycling destinations located in the region. With new editorial, ‘don’t miss’ features and clear maps, each destination will have coverage like never before. High Country businesses then have the opportunity to list or buy advertising within each of the destination sections, with discounts extended to Ride High Country Preferred businesses.

A minimum of 70,000 copies will be produced and distributed from early December 2017 onwards. The Ride High Country Guide will be in market for two years and distributed across Victoria, ACT and southern NSW. Importantly, distribution channels include the VIC in Federation Square, which ensures strong distribution within a competitive market.

4. 7 Peaks Ride

While Mansfield Shire Council does not fund or directly participate in the 7 Peaks Ride program (as it is driven by the alpine resorts) the details of this program have been included in this report as the majority of the participating riders stay and spend money in the off-mountain towns like Mansfield.

The 7 Peaks Ride program has been in market for ten years and has been very successful in driving road cycling visitation to the High Country, however in 2016-17 there was a plateauing of participants. To better understand this trend, TNE conducted a large participant survey at the completion of the last season and determined that while the 7 Peaks product was still very popular, there were barriers to official participation that needed to be addressed. Using this data, TNE has reimagined the 7 Peaks program for 2017-18 with key changes including:

145 a) Digitising the 7 Peaks Program In 2016-17, 83% of riders participating in the 7 Peaks program logged their ride via Strava, and all 7 Peaks digital channels experienced strong growth. With this in mind, the hardcopy passports traditionally produced for 7 Peaks have been replaced with a mobile phone app that works in conjunction with Strava to register participants and track their rides, automatically updating every time a new peak is completed. Hardcopy PDF versions of the passport can also be downloaded by the user if preferred.

This means that all information associated with the program will now be delivered via digital channels (via the app and the Ride High Country website and social channels). A digital database of 7 Peaks contacts will enable targeted communications about both 7 Peaks and Ride High Country throughout the season. The cost savings resulting from no longer producing and distributing a tangible passport has also allowed for a significant investment to be made into marketing the program and attracting a new audience. b) 7 Peaks Re-brand The 7 Peaks logo has gone through a rebrand to ensure that it has a consistent and complementary look and feel with the Ride High Country masterbrand. In line with this, the 7 Peaks website and social pages have also been moved to sit under the broader Ride High Country masterbrand, which has far greater visibility and reach.

146 c) Prizes The major 7 Peaks prize remains a guided tour to the Tour de France in 2018, with entry being automatically logged via the app. However, the minor prizes associated with each individual climb have been discontinued as they were not seen as a registration driver by participants.

Now, rather than having to complete all peaks to win, for every peak that is completed participants will get one entry into the major prize draw.

Minor prizes will still be collected and used for partner promotional marketing opportunities throughout the season. d) 7 Peaks Jerseys A line of on-fashion 7 Peaks cycling kit has been designed by a prominent Australian cycling company, which will be available to all participants to purchase. A ‘7 Peaks Champions’ jersey will also be produced that can be tailored with the name of anyone who has completed all 7 Peaks within the season.

e) Tours and Events TNE has engaged with a number of industry tour operators to offer 7 Peaks specific tour options with the aim of encouraging wider participation (in addition to industry development). TNE has

147 also supported the development of a women’s only cycling event that looks to activate the 7 Peaks ride. Both these components will look to drive ride exposure and accessibility. f) Promotion Period The season, whilst still running for a six month period, has been pushed back to incorporate all major school and public holiday windows, running between 29 October and 29 April.

These adjustments are intended to breathe new life into the marketing of 7 Peaks, introduce a new (younger) audience to the program and increase ride participation.

5. High Country Harvest

5.1 Program Overview

High Country Harvest will run from 4-21 May 2018, featuring a 17-day regional event program that showcases the phenomenal food, wine and craft beer offering that the High Country is so renowned for. The program will feature a range of bespoke events that celebrate collaboration and innovation, offering regional visitors the opportunity to sample local produce and meet the personalities behind these products.

High Country Harvest firmly positions the High Country as one of the leading regional food and wine destinations in Victoria, and supports strategic State efforts in this space as well. The event encompasses a range of unique lunches, gourmet dinners, cooking classes and produce workshops, behind the scenes tours and so much more. It also creates tangible links with the region’s other key product pillars including cycle and nature-based tourism, which are promoted within the food/wine context.

High Country Harvest is key in driving visitation, yield and dispersal throughout the region during a traditionally quiet period. The 2017 event alone attracted over 7k visitors who generated an impressive $2.69million in direct spend to the local economy. Importantly, 60% of visitors stayed overnight with 24% staying for 3 nights or more, ensuring that High Country Harvest visitors make a significant contribution to the local visitor economy. High Country Harvest also sustains ongoing visitation opportunities outside of the event both via the awareness its marketing program generates and through repeat visitation amongst those who participate in the event.

Equally important is the platform High Country Harvest offers for driving product innovation and

148 industry development opportunities. The event assists businesses to develop and trial new tourism experiences in a supportive environment; fostering products which are on-trend and have the potential to grow into a year-round product, thereby strengthening the regional offering.

5.2 Strategic Direction and Funding

High Country Harvest has traditionally experienced strong visitation growth, with the event program extended from a 10 to 17 day offering to accommodate this demand. However, operator capacity means the event is limited in its ability to continue to add extra days to the program to service growing visitor volume. In addition, the limited-time nature of the event is what motivates people to visit, with concern being that a further extension of the program period will negatively affect market impact.

As such, in 2018 TNE is focused on growing event yield, attracting higher numbers of the core Melbourne foodie market who have the potential to generate the greatest spend associated with the program and complementary tourism experiences (including accommodation). In order to effectively engage with this market, TNE is seeking a three-year funding arrangement via the Regional Events Fund to enhance its Melbourne marketing efforts by way of strategic partnerships with leading Melbourne chefs/restaurants.

In 2016-17, TNE secured $75k in grant funding via this program, which was primarily used to drive new strategic initiatives that strengthened the exposure and reach of the event, including a partnership with market-leading, high-profile Melbourne restaurant chain MoVida. This partnership was key in securing valuable exposure for the event and the broader regional food and wine offering within the Melbourne Lifestyle Leader market, and also developed a new sales channel for many of the region’s local producers.

Taking the learnings from the 2017 MoVida partnership, TNE is looking to secure grant funding to develop a new three-year partnership program that will link with entities who can effectively engage the Lifestyle Leader market. The funding will be used to secure these partnerships and also bring them to life via a dynamic and integrated marketing campaign that will utilise the promotional networks of the partner and also allow for investment in high-impact media channels that feature purpose built campaign content. It will also support a Melbourne based activation associated with hosting a regional lunch/dinner at the partner venue that showcases the amazing produce available in the High Country. Occurring prior to High Country Harvest, it will be an effective way to drive awareness and uptake of the event offering within the heart of the market.

149 5.3 Event Development

Throughout September a series of High Country Harvest Think Tank workshops were conducted to assist operators in developing new concepts for the 2018 High Country Harvest program. This session included a presentation of:

● The results of High Country Harvest 2017, focusing on attendee data collected via post- event surveys to identify learnings for future events. ● A synopsis of the 2017 Food and Drink trend briefing, considering global trends in this sector and how insights can be incorporated into new High Country Harvest offerings. ● The key takeouts from the Winery and Cellar Door Research project recently completed by TNE, which considers what would drive the Melbourne market to visit the High Country’s wineries.

These groups workshopped themes and ideas for 2018 events as well as potential High Country Harvest menus, warmers and bonfires. Over the coming quarter, TNE will continue to work with these operators to confirm the events that will be part of the 2018 High Country Harvest program, which must be finalised by 27 Oct 2017

6. High Country Food and Wine Guide

The Food and Wine Guide is one of the region’s premier pieces of collateral, featuring the rich array of food, wine, craft beer and spirits experiences available in the High Country. The Guide is used to both inspire food and wine lovers to visit the region, and also piece together an exceptional tourism experience once they arrive.

The Guide was reproduced in 2016-17 featuring new images, copy, advertisers and inspiration for visitors to the region. Distribution to date has been strong in-region, as well as throughout Victoria and southern NSW - most noticeably through the VIC at Federation Square in Melbourne.

The current version of the Food and Wine Guide will be live for a full two- year period, providing maximum value for TNE, destinations and stakeholders alike.

150 7. Walk High Country

Following from the success of the Ride High Country brand and marketing efforts, TNE is looking to develop category-leading master brands for each of the region’s five product pillars, which could drive mass market awareness for the regional offering.

In terms of nature-based tourism, TNE is looking to develop a Walk High Country brand to lead this product category in recognition of the following:

● Market research recently commissioned by TNE across a variety of products (like winery tourism and cycle tourism) showed that the key activity that visitors undertake when in- region – other than the activity they were being surveyed for – was some form of walking or hiking, demonstrating that there is already strong demand for this offering. ● Every LGA/RMB within the region owns a variety of walks so has the capacity to be represented within this brand, ensuring that it encompasses a truly regional offering. This also means there is greater potential to leverage collaborative funding for promotional efforts. ● One of the region’s greatest strengths is its abundant and diverse nature-based tourism assets. A Walk High Country brand and product offering leverages this well-known regional strength. ● Consolidation and promotion of major nature-based tourism assets is consistent with the strategic approach of Visit Victoria and Tourism Australia, which creates potential for marketing and leverage opportunities. ● The masterplan for the Falls to Hotham Alpine Crossing has been completed, which looks to establish a 56km world-class walking trail between the alpine resorts. When completed, this walk will be part of a branded State portfolio of four distinctive long- distance walks called Walk Victoria’s Icons. Developing a Walk High Country brand provides the ideal platform to promote this iconic product, which is considered to be a major potential tourism driver across national and international markets.

TNE’s efforts in this space commenced in quarter one with a focus on consolidating the regional offering. That is, working with LGA/RMB partners to understand exactly what walking product is on the ground at the moment – from gentle scenic walks around towns through to multi-night remote hikes. An audit of the current offer seeks to capture trail names, description, distances, difficulty, features, map and images. A spreadsheet to record this data has been circulated to LGA/RMB partners and will be populated over the next two months.

151 The Walk High Country brand and associated website will be launched at the end of the financial year.

8. Industry and Product Development

8.1 Industry and Product Development

TNE drives industry and product development across the region with the aim of improving the tourism experiences offered to visitors. It does this by working with new and existing tourism operators to improve, enhance and diversify their businesses and tourism experiences to better meet visitor needs.

This work includes up-skilling industry through mentoring and briefing sessions, identifying and working with businesses to fill gaps in the regional tourism offering, managing industry communication efforts, and driving ongoing industry and product innovation. It also involves facilitating relationships and tourism efforts between industry, Government organisations, tourism associations and other public and private entities to drive regional collaboration and growth.

In quarter one, TNE has delivered a range of initiatives in this space for Mansfield Shire including:

● 15 individual business development sessions, where TNE worked directly with Mansfield Shire's tourism businesses to address the trends, issues and opportunities of most relevance to their businesses. In the first quarter, the most popular topics covered were online presence and bookability, food/wine business development opportunities, and cycle tourism product development.

● The presentation of ground breaking cycle tourism data (as per 8.2) to a group of over 100 regional operators from a range of tourism sectors and local government partners. This is the first time in Australia that firm insights have been secured into the mountain bike, road cycling and rail trail market, acting as a firm point of competitive advantage for the High Country and its operators.

● A range of group briefing sessions in Mansfield, which engaged 35 Mansfield businesses including:

152 o High Country Harvest 2018 Think Tank - looking at the latest trends and opportunities in the food, wine and craft beer sector and how they can be incorporated into new experiences as part of the event program. o Cycle Tourism Research workshop - following on from the aforementioned cycle tourism research, TNE hosted a smaller group session in Mansfield to assist businesses in interpreting the key findings and incorporating them into their own operations. o Digital Demystified session - a review of the current digital landscape that tourism businesses operate in (including the relationship between destination, regional and State sites), ATDW listings and best practice management of digital assets. o Tripadvisor workshop - the opportunities and challenges associated with Tripadvisor, and how to effectively manage this channel.

● When Premier Daniel Andrews was in-region at the end of July to discuss the NEVCO Masterplan and the $12 million Murray to Mountains Activation, TNE met with him to discuss current and emerging regional tourism priorities. This included ongoing and sustained investment in the High Country’s cycle tourism offering if the region is to truly own the product category; investment in emerging iconic tourism experiences like the Falls to Hotham Alpine Crossing and Ned Kelly Alive; and current regional tourism challenges.

● Involvement in a range of meetings and workshops relevant to Mansfield Shire, including a consultation session with Creative Victoria about the development of its first regional strategy; and attending the inception meeting of the Friends of the Great Victorian Rail Trail.

● Strategic engagement with other associations and organisations to progress Mansfield tourism priorities including Regional Development Australia, Regional Development Victoria, Ovens Murray Regional Partnership and Visit Victoria.

8.2 North East Victoria Cycling Optimisation (NEVCO) Masterplan

The High Country aspires to be recognised as the lead cycle tourism destination in Victoria. In order to realise this vision, this project will develop a masterplan that will optimise cycling opportunities in the North East, taking into account infrastructure investment, marketing and private sector involvement across the region’s rail trail, mountain bike and road cycling offering.

153 One of the major components of the Masterplan process is the delivery of a market research piece, which aims to identify consumer segments across the three bike disciplines and better understand their key perceptions and expectations of the High Country cycle tourism offering. The key findings of this research were presented to over 100 industry and LGA/RMB partners mid-September by BDA marketing, the consultant commissioned to deliver this body of work. While this research will be key in guiding the final recommendations of the Masterplan, it is also currently being used to drive effective marketing, infrastructure investment and product development efforts over the 2017-18 period.

The Masterplan has now moved into the second phase of the project looking at strategic private sector investment opportunities – how existing or potential assets can be leveraged or indeed driven by commercial investors, including both local operators and more significant national/international entities. This includes engaging a range of potential investors to understand the opportunities, capabilities and barriers associated with commercial activation of the High Country’s cycle tourism offering.

The Masterplan is on-schedule to be finalised by Dec 2017.

8.3 Hume Aboriginal Cultural Trail

The Hume Aboriginal Cultural Trail (HACT) project aims to scope and establish a business case for the development of a connected network of significant Aboriginal cultural tourism products and experiences across the Hume region, creating a meaningful and authentic offering that engages domestic and international visitors.

HACT project consultations are continuing with Registered Aboriginal Parties and Traditional Owner (TO) groups. The response from the TO’s to all meetings has been supportive of the process and the potential for tourism to contribute to their commercial, educational and social aspirations.

The audit phase of the project is largely complete for existing product. There are a number of planned and emerging tourism projects, some at a very early conceptual stage, which have been listed and will appear in the final 10 Year Development Plan.

Hirst Projects, the project consultant, is working to deliver the Draft Project Plan by November 2017 with the Final Report due mid-January 2018, which is six weeks behind schedule. As the project has progressed there has been an increase in tourism product to be audited, and the

154 addition of emerging products through knowledge acquired during stakeholder consultation. In addition, timeframes for TO consultations have extended due to Registered Aboriginal Party resource constraints, all of which have contributed to the minor delay. This delay has been approved by RDV, the project’s major funding partner, who understands that it will allow for a stronger project outcome.

8.4 Ned Kelly Alive

The Ned Kelly story is one of Australia’s most iconic narratives with widespread appeal among both domestic and international markets. The High Country has a particular affinity with Ned Kelly as many of the key historical moments associated with the Kelly story occurred within the area. However, the current Kelly tourism experience is failing to engage with the region’s target Lifestyle Leader market, representing a missed opportunity in relation to a product that the High Country is uniquely positioned to own.

With this in mind, this project is looking to revitalise and reimagine the Ned Kelly tourism experience offered across the region, breathing new life into existing products as well as creating new cohesive visitor experiences with fresh market appeal. This project will involve auditing the current Ned Kelly tourism offering that is available across the High Country, developing concepts for the future of this offering, and then establishing the business case around these recommendations.

The Ned Kelly Alive Project led by Earthcheck is now well underway. Visioning workshops have taken place with a wide range of stakeholders in region and initial concept development is completed. The next stage of consumer and investor testing will take place through October with the final report delivered in December.

8.5 Lake Eildon – nature-based tourism hub

TNE has prioritised the growth of the Lake Eildon offering as one of the region’s strongest waterways in terms of current and potential tourism attraction. In line with this, at the end of 2016-17 TNE commenced a product audit to ascertain and assess the current tourism offering associated with the waterway.

A desktop study was undertaken through collaboration with Mansfield Shire Council and the Lake Eildon Land and On-Water Management Implementation Group. A list of tourism businesses was collated forming the framework for online research of their offer. Following this piece of work TNE spent three days in-region visiting businesses that directly service the lake and foreshore in

155 key locations including Bonnie Doon, Howes Creek, Goughs Bay, Jamieson, Howqua, Macs Cove. This includes but is not limited to: accommodation providers, food/wine/beer operators, and tourism operators with experiences associated with the Lake including fishing and water sport hire/sales businesses.

A report including a product gap analysis and recommendations is currently being produced and a draft copy will be circulated to the Lake Eildon Land & On Water Implementation Group and Mansfield Shire Council for comment in late October.

8.6 Food and Agritourism Research

At the end of 2016-17, TNE was advised that it was successful in securing financial support from RDA for a Food and Agritourism Research project. This project will cost $75k to deliver, which includes a $60k contribution from RDA and $5k contribution each from TNE, Murray Regional Tourism and Goulburn River Valley Tourism.

This project acknowledges that the Hume has significant potential in the food space, particularly in the agri-tourism sector, however little is known of what existing and potential visitors to the region are looking for from their food and agri-tourism experience. If industry is to innovate to not only meet current demand but also lead the way in terms of unique and appealing food offerings, then it is imperative to understand visitors’ expectations and drivers in seeking out an agri-tourism and broader food experience. However, a paucity of data currently exists relative to the changing needs of agri-tourism and food customers, best practice tourism offering analysis, and demand drivers among key visitor segments.

The Hume is now looking to address this issue through a market research project that looks to identify potential agri-tourism and complementary ‘foodie’ visitor markets for the region, and understand what types of experience would motivate them to travel to and spend time and money exploring the region. This research will guide industry and product development efforts, infrastructure investment and marketing activities.

The brief for this project has been developed and will now be taken to market for quoting, with the initiative overseen by a project steering group of the key funding parties – the RTBs and RDA.

8.7 High Country Brewery Trail

The High Country Brewery trail is an offering that encourages visitors to disperse through the region by visiting its signature breweries. The trail currently consists of the following breweries,

156 who all co-invest in the promotion of the offering:

● Black Dog ● Rutherglen ● Blizzard ● Social Bandit ● Bridge Road ● Sweetwater ● Bright

TNE is currently liaising with the Brewery Trail to add another three breweries to this group including King River brewing in the King Valley, Maltshed in Wangaratta and Wrong Side brewery in Jamieson. As per this group’s rules of inclusion, this process will roll out over the coming 6 months.

Within the first quarter, TNE worked with the Brewery Trail group to deliver surveying in each of the breweries to identify current visitation trends to inform future marketing efforts. Results of this survey will be discussed at the next meeting of the breweries in October.

In the first quarter, TNE also worked with the High Country Brewery Trail to coordinate and promote its Collaborative Brew event which will be held at Social Bandit in October. The Collaborative Brew is an annual event where the brewers from the High Country Brewery Trail meet to develop a special one- off, jointly produced beer that embodies the taste of the High Country and is taken to market under the High Country Brewery Trail label called Rule 47. Sales of this beer support the marketing efforts associated with the trail, as well as creating unique branding opportunities for the tourism product.

While Mansfield Shire Council has not invested in this product, the Brewery Trail has been effective in driving visitation throughout the High Country including Mansfield Shire, particularly via the Social Bandit.

8.8 Winery and Cellar Door Brand/Marketing Activation

In 2016-17, the Department of Economic Development, Jobs, Transport and Resources created the Wine Growth Fund, a small grants program to support initiatives to develop the wine industry in Victoria. As previously reported, TNE recently completed a significant piece of research for the Winery and Cellar Door sector that was funded by this stream, which identified the following top- level issues currently faced by the sector in the High Country:

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● The primary factor limiting wine tourism in North East Victoria is a lack of awareness/understanding of the region. ● Underlying the lack of understanding is that North East Victoria is not first thought of as a wine region. ● Experiences offered by individual wineries can influence which wineries are visited once in the region, but don’t attract visitors to the region as a whole. ● Widespread positivity toward the region is a function of it being perceived as relatively ‘less commercialised’.

These issues, in particular those noted in the first three points, indicate a marketing problem – a lack of awareness, understanding, and holistic appeal. These are issues that TNE is looking to address by accessing funding under the second round of the Wine Growth Fund that was announced for 2017-18.

In the first quarter, businesses were invited to apply to round two of the Wine Growth Fund for matched funding for projects that aligned with the Victorian Wine Industry Development Strategy. Businesses interested in applying for this funding were first required to lodge and Expression of Interest (EOI) and then progress to full submission if applicable.

TNE is seeking funding under this program for the development of a new regional food/wine/beer masterbrand and website, and to take this brand to market with a campaign focused on showcasing the High Country’s winery and cellar door tourism offering - effectively addressing the issues highlighted in the aforementioned research. TNE’s application has moved from EOI to submission.

TNE has also worked with key operators in this space to progress their own Wine Growth Fund applications. Across the region, 23 businesses and organisations have had EOIs accepted and moved to submission for these funds, many of which also based their applications on findings from the Winery and Cellar Door Tourism Research. To increase the region’s success under this funding stream, TNE has provided direct mentoring for 11 of these businesses including assistance with developing effective grant applications.

8.9 Kickstart Program

The Kickstart program encourages operators to create new, high quality and collaborative tourism products for the High Country in areas which are known experience gaps. The 12 month program offers seed funding and structured workshop support to assist with the development of

158 new products, and then provides the added boost required to heighten potential for market success for products in their infancy. This includes PR and marketing support for the following 12 months.

The current program works through five key stages: 1. A workshop that covers an introduction to the Kickstart program, a session looking at future trends, an insight into each product progressed under Kickstart and agreement development (with TNE and also collaborative partners). 2. Another group session where operators participating in the program ‘shark tank’ each other's’ products, dissecting the strengths and weaknesses of each offering to drive best possible experience outcomes. This is complemented by PR and digital media training. 3. One-on-one on-site mentoring sessions for each product, supported by the creation of an action plan and budget, and a brainstorm of solutions for specific product challenges. 4. Presentation of the final product to all LGA/RMB tourism partners and the TNE Team for incorporation into the regional offering. 5. Presentation of each product to the Visit Victoria international, product and famil teams.

It is expected that by the time the products are presented to the Visit Victoria team they are either already launched or very close to it. They must be available for online bookings, have an image library, be open to PR famil support, have refined the delivery of the experience, have created promotional collateral, and have a marketing plan of their own ready for execution in line with the Spring TNE press release.

The EOI for the 2017-18 program is now open and available to Mansfield Shire operators, and will close on 3 November.

9. Digital

9.1 Regional Digital Platform – New Functionality

The Regional Digital Platform (RDP) is the technology platform that underpins the High Country’s various destination websites. To ensure that this platform and the destination websites it supports perform optimally, TNE used 2016-17 to implement a complete system upgrade, moving it across to an Open Source offering. This upgrade improved the security, reliability and performance of the destination websites it supports, and has also made it quicker and more cost effective to adopt new market leading technologies.

159 With this in mind, TNE has scoped a program for the 2017-18 financial year that will see the implementation of new functionality across the platform:

● Improvements to the handling and display of events including event date filtering, the introduction of a calendar view and layout enhancements. ● The generation of ATDW listing reports to assist with listing and associated revenue management including renewal forecast reporting and active/expired lists. ● Site search, layout and filtering improvements. ● Mapping improvements, including the ability to overlay tracks/trails along with points-of- interest, and also overlay multiple trails on the same map. ● Geo-aware landing pages, which supports the ability to display different page content if the website visitor is within the region.

9.2 Destination Website

The mansfieldmtbuller.com.au site experienced has experienced a 35% decline in overall visitation over the last year. The major factor for this decline is the winding down of High Country Reservations, and the fact that Mt Buller accommodation listings no longer redirect from the Mt Buller site (mtbuller.com.au) to the Mansfield-Mt Buller site, as was the case in quarter one last year, instead remaining within the Buller site.

Audience and Audience Engagement – Q1 2016/17 vs Q1 2017/18 Pages / Sessions % change Page Views % change Session % change MMB 20,002 (35.70%) 49,268 (33.07%) 2.46 4.10%

TNE took over content management of mansfieldmtbuller.com.au in July 2017 and has worked with Council to conduct a thorough review of site structure and content. These changes, combined with a more active approach to content management, is expected to result in increased visitation throughout 2017-18.

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9.3 Social Media a) Reporting TNE is introducing new reporting methods and benchmarking across the various social media channels that it manages. TNE has researched specific activity across key tourism social media accounts and has created industry benchmarking based on this. This is a more stable and relevant way of reporting, especially as Facebook and Instagram have so many changing variables including algorithms and advertising spend. This also allows TNE to assess and adjust activity more nimbly.

The two key statistics that will be monitored and benchmarked are the accounts’ engagement rate (how many people have engaged with the post vs reach) and fan growth/acquisition. b) See High Country Social Media At the start of this quarter, TNE’s social media channels experienced fantastic engagement around the region’s hero winter product, snow. ‘The Blizzard of Oz’ provided exceptional content and received strong engagement, however there was a sign of ‘snow fatigue’ as the end of September approached. However, overall very strong results.

162 FACEBOOK Objectives Metric KPI ACTUAL Brand advocacy Engagement rate 3.94% 6.16% Fan acquisition New pages likes increase 1.17% 2.16%

INSTAGRAM Objectives Metric KPI ACTUAL Brand advocacy Engagement rate 2.95% 3.21% Fan acquisition New followers 2.27% 2.56%

In the first quarter, TNE also started trialling Instagram Stories, which presents new ways to showcase the High Country through collections of photos and videos that remain live for 24 hours only. TNE will continue to trial the use of Stories including considering how to effectively benchmark this option, as Stories analytics are captured differently to normal Instagram.

The strong snow season has provided some exceptional content around Mansfield and Mt Buller, with key local instagrammers also taking advantage of this. The emergence of spring has also provided strong images around the Mansfield area.

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10. PR

10.1 Visit Victoria New Product Presentation

TNE worked with business operators and LGA/RMB partners to present a new product briefing to more than 20 key communications staff at Visit Victoria in early September.

The briefing provided the context of a High Country ‘road trip’, covering new businesses and experiences launching in 2017-18 under each of the strategic marketing pillars. For Mansfield Shire, this included Howes Creek Farm’s new cafe/store and the Wrong Side Brewery in Jamieson. In addition, the presentation highlighted the major region-wide campaigns of Ride High Country and High Country Harvest to ensure Visit Victoria staff at the frontline of traditional and digital, domestic and international media communications, were given up-to-date information to use in promoting to their own stakeholders.

A number of High Country businesses, including Mansfield Coffee Merchant, contributed products to a giveaway basket (pictured above) for Visit Victoria to sample.

10.2 Seasonal media release & ongoing media liaison

A Spring media release was developed and distributed highlighting new products/experiences to travel, lifestyle, specialist cycling, food & wine editors and writers as well as news desks, digital publications, bloggers and other social media influencers, with a call to action for possible media famils.

164 Follow-up face to face media appointments in both Melbourne and Sydney were arranged with key targeted media/publications. These resulted in a number of media famils being planned including several focusing on Ride High Country experiences and the 2018 High Country Harvest.

Mansfield media famils secured this quarter include: - Good Weekend/Fairfax - visited September (Coffee Merchant, The Produce Store, Howes Creek Farm) - Australian Traveller - late October, itinerary tbc

As well as driving the PR media famils effort on behalf of LGAs/RMBs, TNE continued to respond to a range of media enquiries, providing images, information and story ideas to a number of publications and to Visit Victoria for their monthly Pieces of Victoria media bulletin.

165 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.5 ENGINEERING & WORKS

10.5.1 Request for Inclusion of Shared Driveway to Road Register - James Street, Bonnie Doon

File Number: E4465 Responsible Officer: Engineering Manager, Neil Ogilvie

Disclosure of Conflicts of Interest

The author of this report has declared no conflict of interest in relation to this matter.

Introduction

Submissions have been received from residents of James Street, Bonnie Doon, requesting inclusion of a shared driveway to Council’s Road Register in order that repair works can be undertaken at Council’s cost. While Council Delegations allow for the Engineering Manager to adopt roads in response to a formal submission, the delegation does not provide for rejection of submissions by the Engineering Manager. Therefore, a decision is required as to whether this section of road be adopted to the Road Register or whether the status quo remains.

Figure 1. Map of James Street highlighting Shared Driveway in question in Yellow. A similar shared driveway, highlighted in purple, currently exists on the Council Road Register.

166166. Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.5.1 Request for Inclusion of Shared Driveway to Road Register - James Street, Bonnie Doon cont.

Background

862m of James Street, Bonnie Doon, being the distance of road serving the current residences, was adopted to Council’s Road Register at the creation of the register in 2004. In addition, a 213m Shared Driveway running parallel to James Street (Fig. 1, highlighted purple) was adopted at the same time, justified by being required for provision of access to eleven properties. The Shared Driveway opposite this (Fig. 1, highlighted yellow) was not adopted due to it being required for provision of access to only five properties.

It would appear that, in the past, Council Field Services staff have undertaken ad hoc maintenance works to this driveway while completing programmed maintenance works in the area. This is purported to have included grading, gravel patching and table drain maintenance.

Statutory Requirements

Within the four tiers of public road ownership in Victoria, Council is obligated to accept ownership of all roads not claimed as federal highways, state roads or DELWP Roads. However, Council is not obligated to provide management of them, it being an option to not maintain a road for public use. This applies to a great many roads within the LGA boundaries.

This requirement does not stretch to include private roads or shared driveways. The section of roadway in question has been classified as a shared driveway.

Council Plan

Management of roads as listed in the Council Roads Register are key elements to supporting Strategic Direction 1 – Participation and Partnerships and Strategic Direction 5 – Responsible Leadership.

Financial

A proportion of Council’s Financial Assistance Grants are based upon the physical characteristics of roads contained within the Council Road Register, it being a general rule that the more roads or bridges a local government authority manages, the more funding they receive. However, the cost of maintaining and renewing these assets is not wholly met by the Financial Assistance Grants; the shortfall of this being made up through other grants or own-source revenue.

Adoption of the roadway onto the Council road register increases maintenance costs to Council, and potentially provides a precedence for adoption of other shared driveways.

167. 167 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.5.1 Request for Inclusion of Shared Driveway to Road Register - James Street, Bonnie Doon cont.

Social

There is a common perception that Council is responsible for the road at the end of a resident’s driveway, this being the case for the majority of residents. This perception then introduces an issue of equity to the consideration of adopting a shared driveway to the Road Register, particularly due to Council’s adoption of the shared driveway opposite the roadway in question. However, the number of properties accessed, and the nature of the slope and landform provides a reasonable justification for the existing arrangement.

Environmental

There are negligible environmental impacts associated with adoption or rejection of the roadway.

Economic

There are negligible economic impacts associated with adoption or rejection of the roadway.

Risk Management

The roadway does not present a legal risk to the Council as it is not on the Council Road Register, and so the Council currently has no management obligations toward the road.

The significant risk surrounding this matter relates to the setting of a precedent in the adoption of shared driveways to Council’s Road Register. While only short lengths of roadway when identified individually, when reviewed as a whole the adoption of shared driveways to the Road Register would impose increased cost and loading to the Engineering Department’s Asset Maintenance Schedule. Furthermore, Council would also be required to undertake renewal works across these assets into future years, further burdening the Asset Renewal Program.

Community Engagement

This matter has been raised by correspondence from three of the five landholders who utilise the shared driveway to access their properties. All correspondence has supported Council adopting the roadway.

Officer’s Comments

It is felt by the Engineering Department that adoption of this shared driveway would set a precedent, as described under the heading of ‘Risk Management’. In light of the current financial environment, it would be appropriate for Council to reduce organisational liabilities and responsibilities wherever possible, in the interest of long-term sustainability of the organisation.

168. 168 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

10.5.1 Request for Inclusion of Shared Driveway to Road Register - James Street, Bonnie Doon cont.

Councillors Olver/Westendorp:

That Council:

1. Reject the request to adopt the shared driveway serving 55 to 63 James Street, Bonnie Doon, onto the Council Road Register.

2, Reiterate that the shared driveway remain the responsibility of the landholders served by the driveway.

The motion lapsed due to a 3:2 against vote.

Councillors Sladdin/Attley

That the section of the road from 55 to 63 James Street, Bonnie Doon, be included on the Council Roads Register. Carried

169. 169 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

11. ASSEMBLIES OF COUNCILLORS

Under section 76AA of the Local Government Act 1989 an Assembly of Councillors (however titled) is defined as a planned or scheduled meeting, comprising at least three Councillors and one member of Council staff, that consider matters that are intended or likely to be:

· The subject of a decision of the Council; or · Subject to the exercise of a function; duty or power of a Council that has been delegated to a person or committee [s.76AA].

An assembly of Councillors does not include a meeting of the Council, a special committee of the Council, or any club, association, peak body, political party of other organisation.

A written record of each assembly is held by Council and is available for public inspection.

The following is a list for the past month of assemblies held and the issues discussed.

Date Type of Assembly Issues Discussed 17 October Councillors’ Briefing Session Conflicts of Interest: 2017 Nil. Councillors: · Cr Paul Volkering Issues Discussed: · Cr Peter Olver · Draft Housing Strategy · Cr Harry Westendorp · Development Services Department · Cr Marg Attley · Friday’s Lane Bridge · Cr Paul Sladdin · Malcolm Street sealing · Ogilvies Road sealing Officers: · Mayoral Elections · Chief Executive Officer, Alex Green · Community Electricity Generation · Finance Manager, Mandy Kynnersley · Public Toilets Time Plaque · Engineering Manager, Neil Ogilvie · Buttercup Road Stone Extraction Planning · Community Services Manager, Melanie Hotton Application · Corporate and Organisational Development · The Cherry Man Manager, Sharon Scott · Removal of Tip Vouchers · Governance Co-Ordinator, Dawn Bray · Bonnie Doon Town Approaches Meeting · Senior Strategic Planner, Kathy Richardson · Update on Station Precinct · Paradise Point Road Safety Sign Installation External Attendees: · Targa Scrutineering in Erril Street · Danielle and Michael, TRACT Consulting · Removal of Trees on Rural Roads · Rate Payment Arrears

31 October Councillors’ Briefing Session Conflicts of Interest: 2017 Nil. Councillors: · Cr Paul Volkering Issues Discussed: · Cr Peter Olver · Rating Strategy Review · Cr Harry Westendorp · Community Engagement Strategy · Cr Marg Attley · Ordinary meeting of Council scheduled for 21 · Cr Paul Sladdin November 2017 · Special Council meeting scheduled for 28 Officers: November 2017 · Chief Executive Officer, Alex Green · Finance Manager, Mandy Kynnersley · Engineering Manager, Neil Ogilvie · Community Services Manager, Melanie Hotton · Corporate and Organisational Development Manager, Sharon Scott · Governance Co-Ordinator, Dawn Bray · Senior Strategic Planner, Kathy Richardson

External Attendees: · Danielle and Michael, TRACT Consulting

170. 170 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

11. ASSEMBLIES OF COUNCILLORS CONT.

Councillors Attley/Olver:

That the Council note the Assemblies of Councillors as provided. Carried

12. ADVISORY AND SPECIAL COMMITTEE REPORTS

Nil.

13. AUTHORISATION OF SEALING OF DOCUMENTS

Nil.

SUSPENSION OF STANDING ORDERS Councillors Attley/Sladdin:

That Council suspend standing orders to facilitate public question time. Carried

14. PUBLIC QUESTION TIME

14.1 Community member, Jan, spoke about the road she lives along and believes it is dangerous due to the amount of dust generated. Engineering Manager, Neil Ogilvie, responded that Council is currently in the process of changing the roading specifications on unsealed roads and will be briefing the Council on such roads and sealing options generally.

Jan also asked about the process for clearing unmaintained private land. Chief Executive Officer, Alex Green, responded that Council’s Municipal Fire Prevention Officer issues a Fire Direction Notice to the land owner. If the landowner fails to take action the issue is addressed by Council who then arrange to have the land cleared at the landowner’s expense.

Mr Ogilvie asked Jane to speak with him after the meeting to discuss her concerns in more detail.

14.2 Mr Henry Knox spoke about Rifle Range Road being dangerous with the amount of trees and vegetation along it, and holds concern for the safety of pedestrian traffic along this road. Ms Janene Ridley also commented that the area is very dangerous. The Chief Executive Officer reassured the Gallery that site distances on roads take priority over native vegetation and slashing. Council can work through a process for native vegetation removal if it presents safety issues. Has made a note to follow this up determine site distances and the appropriate standards.

171. 171 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

14. PUBLIC QUESTION TIME CONT.

Mr Knox also asked if anything can be done about the blackberries along Blackledge Lane and Rifle Range Road. He commented that local landcare groups do a good job in trying to control the infestations. Mr Green responded that in reality Council will never have enough resources to control blackberries. Council has $18,000 in its budget for to control blackberries across the entire Shire, and unfortunately this amount will not cover all areas of the municipality.

RESUMPTION OF STANDING ORDERS Councillors Sladdin/Olver:

That Council resume standing orders. Carried

15. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC

That pursuant to the provisions of Section 89(2) of the Local Government Act 1989, the meeting be closed the public in order to consider:

(a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee considers would prejudice the Council or any person; (i) a resolution to close the meeting to members of the public.

Councillors Sladdin/Attley:

That the meeting be closed to members of the public under Section 89(2) of the Local Government Act 1989, specifically following sub-section (d) contractual matters. Carried

172. 172 Mansfield Shire Council – Ordinary Meeting of Council: 21 November 2017

Councillors Sladdin/Attley:

That the meeting be reopened to members of the public. Carried

16. CLOSE OF MEETING

There being no further business the meeting concluded at 6.29pm.

CONFIRMED this nineteenth day of December 2017.

______Mayor

178. 173