ORDINARY COUNCIL MEETING

MINUTES

MONDAY 17 AUGUST 2020

ORDINARY COUNCIL MEETING MINUTES 17 AUGUST 2020

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 WELCOME AND GOVERNANCE DECLARATION ...... 1

2 APOLOGIES AND LEAVE OF ABSENCE ...... 2

3 DISCLOSURE OF CONFLICTS OF INTEREST ...... 2

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ...... 2

5 PETITIONS AND JOINT LETTERS ...... 2

6 PRESENTATIONS ...... 2

6.1 YOUTH COUNCIL - SWEARING IN CEREMONY ...... 2

7 ADVOCACY AND COMMUNITY SERVICES...... 4

7.1 Tourism and Visitor Economy Plan 2020 - 2024 ...... 4 7.2 Great Victorian Rail Trail Strategic Development Plan ...... 5 7.3 Advocacy Policy ...... 6

8 GOVERNANCE AND CORPORATE PERFORMANCE ...... 7

8.1 Review of Instruments of Delegation ...... 7 8.2 Public Transparency Policy ...... 10 8.3 Governance Rules...... 11 8.4 Assembly of Council Record ...... 13

9 DEVELOPMENT AND INFRASTRUCTURE ...... 14

9.1 Community Cycling Consultative Forum - Terms of Reference ...... 14 9.2 Kerbside reform planning including Food Organics Garden Organics (FOGO) and glass kerbside collection services ...... 16 9.3 Mitchell Shire Environment Strategies 2019-2020 Action Plan Annual Report ...... 17 9.4 Mitchell Environment Advisory Committee 2019-2020 Annual Report ...... 18 9.5 Draft Broadford Structure Plan ...... 19 9.6 Planning Scheme Amendment C139: Correction of Zone Anomalies - Consideration of Planning Panel Report ...... 21

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9.7 Planning Scheme Amendment C151 - Kilmore South-East Growth Precinct McIvors Road, Kilmore - Consideration of Submissions ...... 23 9.8 Proposed Planning Scheme Amendment C155 - 470 Seymour- Tooborac Road Hilldene ...... 25 9.9 Planning Permit Application PLP055/20 For Major Promotion Sign At 111 Northern Highway Kilmore ...... 26 9.10 Planning Permit Application PLP264/19 for a staged multi-lot residential subdivision, removal of native vegetation and removal of easements at Lot 3 on PS409317, Tarcombe Road, Seymour ...... 29 9.11 Planning Permit Application PLP117/19 For Buildings and Works For The Construction Of 3 Dwelling, 4 Lot Subdivision And The Creation of an Easement At 39 Sydney Street Kilmore ..... 49 9.12 Victorian Civil and Administrative Tribunal Hearings and Activities Carried Out Under Delegation ...... 52

10 EXECUTIVE SERVICES ...... 53

Nil Reports ...... 53

11 NOTICES OF MOTION ...... 54

11.1 Notice of Motion: No. 986 - Tree Removal Planning Applications .... 54 11.2 Notice of Motion: No. 987 - Victorian Councils - Local Government Representation National Cabinet ...... 55 11.3 Notice of Motion: No. 988 - Tallarook Street Seymour - Undergrounding of Powerlines ...... 56

12 DELEGATES REPORTS ...... 57

12.1 Delegate Report - Overview and Update on Activities and Delegate Deliberations ...... 57

13 GENERAL BUSINESS ...... 58

13.1 Broadford Land Management Group……………………………….. 58 13.2 BlazeAiD……………………………………………………………….. 59 13.3 Frontline Health Workers…………………………………………….. 59 13.4 Mary Agostino………………………………………………………….. 60 13.5 Vale Michael Hammond……………………………………………….. 60

14 URGENT BUSINESS ...... 61

15 CONFIDENTIAL BUSINESS ...... 61

15.1 Confirmation of Minutes of previous Confidential Meeting ...... 61

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15.2 Consideration of council owned land ...... 61 15.3 Purchase of Land ...... 61 15.4 Re-opening of Meeting to members of the public ...... 61

16 DATE OF NEXT MEETING ...... 61

17 CLOSE OF MEETING ...... 61

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ORDINARY COUNCIL MEETING MINUTES 17 AUGUST 2020

MINUTES OF THE ORDINARY COUNCIL MEETING OF THE MITCHELL SHIRE COUNCIL HELD ONLINE ON 17 AUGUST 2020

THE MEETING OPENED: 7.10pm

COUNCILLORS PRESENT Cr Annie Goble Central Ward Cr David Atkinson Central Ward Cr Bob Humm Central Ward

Cr Bill Chisholm North Ward Cr Rhonda Sanderson North Ward Cr Fiona Stevens North Ward

Cr David Lowe South Ward (Chairperson) Cr Rob Eldridge South Ward Cr Bob Cornish South Ward

OFFICERS PRESENT Mr Brett Luxford Chief Executive Officer (joined at 7.00pm on 24 August 2020) Ms Mary Agostino Acting Chief Executive Officer/ Director Advocacy and Community Services Mr Laurie Ellis Director Governance and Corporate Performance Ms Jo Wilson Acting Director Advocacy and Community Services (did not attend on 24 August 2020) Mr Mike McIntosh Director Development and Infrastructure Ms Lidia Harding Manager Governance and Corporate Accountability

1 WELCOME AND GOVERNANCE DECLARATION The Mayor formally opens the meeting with an acknowledgement of country and welcomes all present. The Mayor acknowledges the traditional owners of the Taungurung Nation and pay his respect to their Elders past and present, and its emerging and future leaders. The declaration was read by Cr D. Atkinson.

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2 APOLOGIES AND LEAVE OF ABSENCE

No apologies were received.

3 DISCLOSURE OF CONFLICTS OF INTEREST In accordance with Section 79 of the Local Government Act 1989. Cr Eldridge declared an indirect interest by close association in Item 9.11 Planning Permit Application PLP117/19 For Buildings and Works For The Construction Of 3 Dwelling, 4 Lot Subdivision And The Creation of an Easement At 39 Sydney Street Kilmore.

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS COUNCIL RESOLUTION MOVED: CR. A. GOBLE SECONDED: CR. R. ELDRIDGE THAT the Minutes of the Ordinary Council Meeting held 20 July 2020, as circulated, be confirmed.

CARRIED UNANIMOUSLY

5 PETITIONS AND JOINT LETTERS Nil

6 PRESENTATIONS

6.1 YOUTH COUNCIL - SWEARING IN CEREMONY SUSPENSION OF STANDING ORDERS MOVED: CR. R. SANDERSON SECONDED: CR. D. ATKINSON THAT standing orders be suspended for the swearing in of the 2020 Mitchell Youth Council. CARRIED UNANIMOUSLY Standing orders were suspended at 7.15pm. Cr B. Cornish joined the meeting at 7.32pm.

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Cr D. Lowe, Mayor, facilitated the swearing in of the 2020 Mitchell Youth Council and election of Youth Mayor and Youth Deputy Mayor. 11 Youth Councillors took the oath of office. Following the call for nominations for the office of Youth Mayor and Youth Deputy, Cr D. Lowe, Mayor declared Thomas Starkey elected as Youth Mayor, Courtney Abela elected as Youth Deputy Mayor and Trinity Marshall as Secretary.

RESUMPTION OF STANDING ORDERS MOVED: CR. B. Chisholm SECONDED: CR. R. Sanderson THAT Standing orders be resumed.

CARRIED UNANIMOUSLY Standing orders resumed at 7.37pm.

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7 ADVOCACY AND COMMUNITY SERVICES 7.1 TOURISM AND VISITOR ECONOMY PLAN 2020 - 2024 Author: Chris Cheal - Economic Development Coordinator File No: EC/05/021 Attachments: 1. Tourism and Visitor Economy Plan 2020 - 2024 2. Tourism and Visitor Economy Plan Consultation Report 3. Tourism and Visitor Economy Plan 2020 - 2024 Summary

SUMMARY The Tourism and Visitor Economy Plans provide a vision, strategic framework and action plan for enhancing the tourism experience and growing the visitor economy in Mitchell. The plan includes a detailed and holistic analysis of the visitor economy sector within Mitchell Shire and highlights the sector’s existing strengths, while simultaneously identifying opportunities for development and growth. The detailed analysis and research completed for this plan also included a wide range of industry and community consultation. The research, analysis and consultation that has been undertaken has informed, shaped and led to the development of a detailed action plan that is arranged within eight key focus areas. The Tourism and Visitor Economy Plan 2020-2024 lays the foundation and provides the overarching framework to guide development of the tourism and visitor economy within the shire over the next four years. It is intended that this plan will be implemented through partnerships and with the support of the shire’s tourism and visitor economy industry, regional partners and relevant State Government agencies.

COUNCIL RESOLUTION MOVED: CR. R. SANDERSON SECONDED: CR. A. GOBLE THAT Council endorse and adopt the Mitchell Shire Council Tourism and Visitor Economy Plan 2020 - 2024

CARRIED UNANIMOUSLY

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7.2 GREAT VICTORIAN RAIL TRAIL STRATEGIC DEVELOPMENT PLAN Author: Chris Cheal - Economic Development Coordinator File No: CM/08/007 Attachments: 1. Great Victorian Rail Trail Strategic Development Plan

SUMMARY

The Great Victorian Rail Trail (GVRT) is a 134km walking, cycling and horse-riding recreational trail that follows the old railway through Mitchell, Murrindindi and Mansfield Shires. The trail is a fantastic tourism asset providing economic, social and health and well-being benefits, and which attracts 74,000 visitors per annum and is one of Mitchell Shire’s core visitor attractions; however there is significant potential to enhance its appeal and increase the number of visitors that experience the trail, as well as to spend time and money in Mitchell Shire. The trail in Mitchell Shire begins at Tallarook and there are significant opportunities to leverage Tallarook’s position on the Hume Freeway and Melbourne-Seymour rail line, to promote the trail and boost visitation and use.

The three Council partners associated with the rail trail have looked at how to better activate the trail with the aim of enabling it to fully realise its tourism potential. To support this aim, the GVRT Strategic Development Plan has been created to guide the trail in transitioning from an asset into a signature tourism experience. This purpose report is to present the GVRT Strategic Development Plan to Council and seek ratification of the plan.

COUNCIL RESOLUTION MOVED: CR. R. SANDERSON SECONDED: CR. R. ELDRIDGE THAT Council: 1. Endorse the Great Victorian Rail Trail Strategic Development Plan.

2. Continue to work in partnership with Murrindindi Shire Council and Mansfield Shire Council to implement the plan and associated actions to realise the trails full tourism potential.

3. Note the Great Victorian Rail Trail 3 – Year Financial Action Plan and continue to seek grant funding to support the plan.

CARRIED UNANIMOUSLY

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7.3 ADVOCACY POLICY Author: Rebecca Sirianni - Advocacy, Social Policy and Partnership Coordinator File No: C5/21/010 Attachments: 1. Advocacy Policy

SUMMARY The Advocacy Policy (the policy) outlines Mitchell Shire Council’s (Council’s) approach to advocacy and efforts in working in partnership with the community and local members to influence policy decisions, directions and resourcing assistance by State and Federal Governments and other key stakeholders, to deliver services and assets to our existing and emerging communities.

Its purpose is to clearly define roles and responsibilities across Council with respect to advocacy, along with providing a framework for the identification, development and maintenance of key projects and focus areas.

At its core, the policy places the Advocacy Statement -Mitchell Shire Council aims to create and maintain a healthy, connected and sustainable community at the heart of Council’s approach to advocacy. It utilises this to frame Council’s efforts through a whole-of-Council approach in order to achieve best-practice advocacy with the aim of better outcomes for the community.

COUNCIL RESOLUTION MOVED: CR. B. HUMM SECONDED: CR. A. GOBLE THAT Council endorse the Advocacy Policy.

CARRIED UNANIMOUSLY

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8 GOVERNANCE AND CORPORATE PERFORMANCE 8.1 REVIEW OF INSTRUMENTS OF DELEGATION Author: Lidia Harding - Manager Governance & Corporate Accountability File No: CM/17/003 Attachments: 1. Instrument of Delegation to the CEO 2. Delegation Council to Council Staff 3. Delegation to the Community Questions and Hearings Committee 4. Community Questions and Hearings Guidelines

SUMMARY Section 11(1)(b) of the Local Government Act 2020 (‘the Act’) requires Council to adopt instruments of delegation to the Chief Executive Officer (S5) and Council staff (S6). Under the requirements of the Act the revised delegations are required to be adopted by Council by 1 September 2020.

Further, as a result of the new Act the Delegation to the Community Questions and Hearings Committee and associated Guidelines have been updated to reflect the new provisions for delegated committees. This report outlines the details of those delegations.

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REVIEW OF INSTRUMENTS OF DELEGATION (CONT.)

COUNCIL RESOLUTION MOVED: CR. R. ELDRIDGE SECONDED: CR. B. CORNISH

AMENDMENT MOVED: CR. R. SANDERSON SECONDED: CR. F. STEVENS

THAT Council:

In the exercise of the power conferred by s 11(1)(b) of the Local Government Act 2020 (the Act), the Mitchell Shire Council (Council) RESOLVES THAT –

Part A

1. There be delegated to the person holding the position, or acting in or performing the duties, of Chief Executive Officer the powers, duties and functions set out in the Instrument of Delegation to the Chief Executive Officer, (Attachment 1) subject to the conditions and limitations specified in that Instrument.

2. Notes the delegated limit for the Chief Executive Officer will remain at $300,000.

Part B

In the exercise of the powers conferred by the legislation referred to in Attachment 2, Mitchell Shire Council (Council) RESOLVES THAT –

2. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the Instrument of Delegation to members of Council staff, (Attachment 2) the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument. 3. The Instruments of Delegation above come into force immediately upon approval of this resolution by Council.

4. On the coming into force of the instrument all previous delegations to the Chief Executive Officer and from Council to Members of Council Staff are revoked.

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

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REVIEW OF INSTRUMENTS OF DELEGATION (CONT.)

Part C

6. Council adopt the revised Delegation to the Community Questions and Hearings Committee and Community Questions and Hearings Guidelines.

CARRIED UNANIMOUSLY AND BECAME PART OF THE SUBSTANTIVE MOTION

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8.2 PUBLIC TRANSPARENCY POLICY Author: Lidia Harding - Manager Governance & Corporate Accountability File No: GV/10/013 Attachments: 1. Public Transparency Policy

SUMMARY Council must adopt and maintain a Public Transparency Policy under section 57 of the Local Government Act 2020 (the Act). This policy aims to formalise Council’s commitment to transparent decision-making processes and freely available public access to Council information. It supports and promotes: a) increased community confidence and trust in Council through greater understanding and awareness; b) improved Council visibility and performance; and c) access to information that is current and easily accessible. This policy includes all forms of Council information and how it will be made available to the public and is an integral part of Council’s governance framework. Following public consultation, no submissions were received.

COUNCIL RESOLUTION MOVED: CR. A. GOBLE SECONDED: CR. R. SANDERSON THAT Council endorse the Public Transparency Policy (Attachment 1).

CARRIED UNANIMOUSLY

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8.3 GOVERNANCE RULES Author: Lidia Harding - Manager Governance & Corporate Accountability File No: GV/10/013 Attachments: 1. Governance Rules

SUMMARY Council must develop, adopt and keep in force Governance Rules in accordance with section 60 of the Local Government Act 2020 (the Act). These Governance Rules must outline: • the conduct of Council meetings • the conduct of meetings of delegated committees • the election of the Mayor, Deputy Mayor and appointment of an Acting Mayor • Council’s Election Period Policy • conflict of interest procedures for Councillors, Council staff and members of a delegated committee

A draft Governance Rules went out for public consultation from 21 July 2020 to 10 August 2020 and one submission was received. The Governance Rules (Attachment 1) must be adopted by Council by 1 September 2020.

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GOVERNANCE RULES (CONT.)

COUNCIL RESOLUTION MOVED: CR. A. GOBLE SECONDED: CR. D. ATKINSON AMENDMENT MOVED: CR. R. SANDERSON SECONDED: CR. R. ELDRIDGE THAT Council: 1. Adopt the Governance Rules (Attachment 1) with the following addition: 57.2 When the decision is not unanimous, the Mayor will state the names of Councillors voting in the affirmative, negative and/or abstaining from the vote. The CEO or authorised officer will record the names. 57.3 An abstention will be counted as a negative vote.

2. Revoke the Mayoral Election Procedure Policy.

CARRIED UNANIMOUSLY AND BECAME PART OF THE SUBSTANTIVE MOTION

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8.4 ASSEMBLY OF COUNCIL RECORD Author: Lidia Harding - Manager Governance & Corporate Accountability File No: CL/04/013-02 Attachments: 1. Assembly of Council Record

SUMMARY This report provides Records of Assemblies of Councillors that have occurred since the last Council meeting, which includes matters considered and any conflict of interest disclosures made by a Councillor.

COUNCIL RESOLUTION MOVED: CR. B. CORNISH SECONDED: CR. B. HUMM THAT Council receive and note the record of assembly of Councillors.

CARRIED UNANIMOUSLY

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9 DEVELOPMENT AND INFRASTRUCTURE 9.1 COMMUNITY CYCLING CONSULTATIVE FORUM - TERMS OF REFERENCE Author: Bumeke Jayasinghe - Senior Traffic and Transport Engineer File No: CM20/221 Attachments: 1. Community Cycling Forum Terms of Reference

SUMMARY Following the passing of Notice of Motion 975 – Cycling Consultative Forum, officers have formulated a strategy for the establishment of a Community Cycling Consultative Forum. The establishment of a Community Cycling Consultative Forum presents an opportunity for community representatives, Councillors and Council staff to meet and discuss key issues confronting the cycling community and explore opportunities for increased cycling participation within Mitchell Shire. A Terms of Reference (Attachment 1) for the Cycling Consultative Forum has been prepared for Council’s consideration and endorsement. A community cycling survey will be formulated to assist officers in the collection of cycling data across the shire to inform forum discussion and the survey will also act as the mechanism for community members to register their interest in the Community Cycling Consultative Forum.

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COMMUNITY CYCLING CONSULTATIVE FORUM - TERMS OF REFERENCE (CONT.)

COUNCIL RESOLUTION MOVED: CR. R. ELDRIDGE SECONDED: CR. D. ATKINSON AMENDMENT MOVED: CR. R. SANDERSON SECONDED: CR. A. GOBLE THAT Council: 1. Endorses the Terms of Reference for the establishment of the Community Cycling Consultative Forum.

2. Officers commence a six (6) week community survey engagement process to collect data about cycling participation across the shire and invite expressions of interest for community members to join the forum.

3. Receives a report at a future Council meeting outlining key findings of the forum/s and recommendations for future 2021-2022 budget consideration of Council.

CARRIED UNANIMOUSLY AND BECAME PART OF THE SUBSTANTIVE MOTION

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9.2 KERBSIDE REFORM PLANNING INCLUDING FOOD ORGANICS GARDEN ORGANICS (FOGO) AND GLASS KERBSIDE COLLECTION SERVICES Author: Narelle Liepa - Waste Management Coordinator File No: WM/005/001-01 Attachments: Nil

SUMMARY This report recommends kerbside collection service reforms for Mitchell Shire in line with the Victorian government’s kerbside transition planning framework as outlined in the Recycling Victoria policy. The report outlines the history of Food Organics Garden Organics (FOGO) kerbside collection service discussions and investigations for Mitchell Shire Council to date and recommends future service delivery considerations and options. Additionally, the report also outlines a proposed approach for a separate glass kerbside collection service for the municipality. The report provides recommendations for inclusion in Council’s Kerbside Transition Plan. The Kerbside Transition Plan must outline Council’s proposed timeframe for the introduction of these new services, however there is some flexibility to amend the dates outlined in the Kerbside Transition Plan once it has been submitted.

COUNCIL RESOLUTION MOVED: CR. B. CHISHOLM SECONDED: CR. B. HUMM THAT Council: 1. Seek to implement a weekly FOGO and alternative fortnight garbage and recycling, and monthly glass kerbside collection service from 1 March 2025 as part of Council’s new kerbside collection contract.

2. Include this timing in Council’s Kerbside Transition Plan for submission to DELWP by 30 September 2020.

CARRIED UNANIMOUSLY

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9.3 MITCHELL SHIRE ENVIRONMENT STRATEGIES 2019-2020 ACTION PLAN ANNUAL REPORT Author: Elyse Kelly - Environmental Programs Coordinator File No: ET/01/001-03 Attachments: 1. Mitchell Shire Council 2019-2020 Environment Strategies annual report

SUMMARY This report provides the annual update on the implementation of the Mitchell Shire Environment Strategies 2019-2020. 81 Per cent of the 201-2020 environment strategy actions were achieved, with the remainder either in progress or under review. Highlights include on ground environmental works, policy development, community environmental education and engagement and the successful delivery of National Tree Day 2019.

COUNCIL RESOLUTION MOVED: CR. D. ATKINSON SECONDED: CR. R. ELDRIDGE

THAT Council review and note the annual report for the Mitchell Shire Environment Strategies 2019-2020 Action Plan.

A vote resulted as follows: For: Against: CR. D. ATKINSON CR. B. CHISHOLM CR. B. CORNISH CR. R. ELDRIDGE CR. A. GOBLE CR. B. HUMM CR. D. LOWE CR. R. SANDERSON CR. F. STEVENS

CARRIED

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9.4 MITCHELL ENVIRONMENT ADVISORY COMMITTEE 2019-2020 ANNUAL REPORT Author: Elyse Kelly - Environmental Programs Coordinator File No: ET/03/003 Attachments: Nil

SUMMARY The Mitchell Shire Environment Advisory Committee (MEAC) consists of members of the community, a Councillor and staff. The committee provides environmental advice to Council on key strategic issues and the design and delivery of specific environmental programs. This report presents a summary of activities undertaken by the Mitchell Environment Advisory Committee (MEAC) for the 2019-2020 financial year and is presented to Council in accordance with the adopted Terms of Reference for the Committee.

COUNCIL RESOLUTION MOVED: CR. B. HUMM SECONDED: CR. R. ELDRIDGE THAT Council: 1. Receive and note the Mitchell Environment Advisory Committee 2019- 2020 Annual Report.

2. The Mitchell Environment Advisory Committee is thanked for their contribution during the 2019-2020 year.

CARRIED UNANIMOUSLY

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9.5 DRAFT BROADFORD STRUCTURE PLAN Author: Paul Bezemer - Senior Strategic Planner File No: PL/09/164 Attachments: 1. Broadford Structure Plan 2. Background Reports Executive Summary

SUMMARY The purpose of this report is to seek Council endorsement to release the draft Broadford Structure Plan for community and stakeholder consultation. Consultation is planned for a four (4) week period which will start at the end of August 2020. The Broadford Structure Plan sets out a vision to guide future planning and growth of the township. The draft structure plan has been informed by a range of technical investigations and council is now seeking feedback from the local community, businesses, investors, government agencies and technical experts. The Structure Plan process was subject to a previous round of consultation with the Emerging Options Paper between November and December 2018. The feedback received during the upcoming consultation period will inform the final Structure Plan. A future Council report that considers all submissions received along with a Council Officer response will be provided after community consultation. Adoption of the final Structure Plan will be sought following the consideration of submission and will form the basis of a Planning Scheme Amendment. This is aimed to occur in 2021.

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DRAFT BROADFORD STRUCTURE PLAN (CONT.)

COUNCIL RESOLUTION MOVED: CR. B. HUMM SECONDED: CR. D. ATKINSON

THAT Council: 1. Note and endorse the draft Broadford Structure Plan for consultation purposes.

2. Place the draft Broadford Structure Plan on public exhibition for a minimum of four (4) week period.

CARRIED UNANIMOUSLY

COUNCIL RESOLUTION

EXTENSION OF TIME MOVED: CR. B. CORNISH SECONDED: CR. A. GOBLE

CARRIED UNANIMOUSLY

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9.6 PLANNING SCHEME AMENDMENT C139: CORRECTION OF ZONE ANOMALIES - CONSIDERATION OF PLANNING PANEL REPORT Author: Justin Harding - Strategic Planner File No: PL/05/272 Attachments: 1. Amendment C139 Panel Report 2. Amendment C139 Documentation

SUMMARY Planning Scheme Amendment C139 seeks to correct zoning anomalies in Kilmore, Bylands and Wandong. The proposed zone corrections relate to public zones affecting private land or public land being incorrectly zoned. Following public exhibition of Amendment C139, Council considered submissions at its Ordinary Council meeting held 18 May 2020 and resolved to refer the Amendment and one (1) unresolved submission to an Independent Planning Panel. The Independent Planning Panel’s Report (Attachment 1) was received on 1 July 2020. The Panel recommends Amendment C139 be adopted as exhibited. In accordance with the Planning and Environment Act 1987, Council is now required to consider the Panel Report and the Panel’s recommendation. This report provides a summary of key matters considered and the recommendations of the Independent Planning Panel. Following consideration of the Panel Report it is recommended that Council adopt Amendment C139 to the Mitchell Planning Scheme (Attachment 2). This report also recommends that Council submit the adopted Amendment to the Minister for Planning requesting approval.

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PLANNING SCHEME AMENDMENT C139: CORRECTION OF ZONE ANOMALIES - CONSIDERATION OF PLANNING PANEL REPORT (CONT.)

COUNCIL RESOLUTION MOVED: CR. B. HUMM SECONDED: CR. A. GOBLE

THAT Council: 1. Pursuant to Section 29 of the Planning and Environment Act 1987, adopt Planning Scheme Amendment C139 to the Mitchell Planning Scheme.

2. Pursuant to Section 31 of the Planning and Environment Act 1987, forward the adopted Planning Scheme Amendment C139 to the Minister for Planning requesting approval.

A vote resulted as follows: For: Against: CR. D. ATKINSON CR. B. CHISHOLM CR. B. CORNISH CR. R. ELDRIDGE CR. A. GOBLE CR. B. HUMM CR. D. LOWE CR. R. SANDERSON CR. F. STEVENS

CARRIED

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9.7 PLANNING SCHEME AMENDMENT C151 - KILMORE SOUTH-EAST GROWTH PRECINCT MCIVORS ROAD, KILMORE - CONSIDERATION OF SUBMISSIONS Author: Justin Harding - Strategic Planner File No: PL/05.275 Attachments: 1. Summary of Submissions and Officer Response 2. Proposed Extent of VPO1 (as exhibited)

SUMMARY Planning Scheme Amendment C151 proposes to rezone land within Kilmore’s South- East Growth precinct from Farming Zone, Rural Living Zone and Public Use Zone (PUZ-4, Transport) to General Residential Zone (GRZ-1) and amend the extent of Vegetation Protection Overlay Schedule 1 (VPO-1, Roadside corridor protection). The rezoning request is supported by the Kilmore Structure Plan 2016 and is in accordance with the Mitchell Planning Scheme. Amendment C151 was placed on public exhibition between 15 May 2020 and 26 June 2020. In total nineteen (19) submissions were received by Council during the exhibition period. A summary of the submissions received, and the officer response is provided in Attachment 1. Of the submissions received four (4) object, one (1) requests changes and fourteen (14) support. It is recommended that Council requests the Minister for Planning to appoint an Independent Planning Panel to consider Amendment C151 and the unresolved submissions.

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PLANNING SCHEME AMENDMENT C151 - KILMORE SOUTH-EAST GROWTH PRECINCT MCIVORS ROAD, KILMORE - CONSIDERATION OF SUBMISSIONS (CONT.)

COUNCIL RESOLUTION MOVED: CR. B. HUMM SECONDED: CR. D. ATKINSON THAT Council: 1. Request the Minister for Planning appoint an Independent Planning Panel under Part 8 of the Planning and Environment Act 1987 to consider Amendment C151.

2. Submit to the Independent Planning Panel Council’s response to the submissions, as generally outlined in Attachment 1 to this report.

3. Request the Independent Planning Panel to consider unresolved submissions to Amendment C151.

4. Continue mediating with submitters to resolve concerns prior to commencement of the Independent Planning Panel.

CARRIED UNANIMOUSLY

COUNCIL RESOLUTION

EXTENSION OF TIME

MOVED: CR. B. CORNISH SECONDED: CR. R. ELDRIDGE

CARRIED UNANIMOUSLY

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9.8 PROPOSED PLANNING SCHEME AMENDMENT C155 - 470 SEYMOUR- TOOBORAC ROAD HILLDENE Author: Lucy Botta - Senior Strategic Planner File No: PLP196/18 Attachments: 1. Planning Scheme Amendment Documents

SUMMARY Over recent times, Council has experienced increased interest with regard to the availability of industrial land to establish new businesses and industries. The Seymour Structure Plan identifies areas that are suitable employment generating land uses, particularly near or adjacent to the interchanges with the Hume Freeway. Presently, Seymour’s industrial land supply is heavily characterised by smaller industrial blocks of between .08 hectares and 2 hectares To assist in addressing this issue, Planning Scheme Amendment C155 has been drafted that seeks to rezone 53ha of land at 470 Seymour-Tooborac Road, Hilldene to Industrial 1 Zone with a Development Plan Overlay, with the objective of providing an investment opportunity for larger scale employment land uses. The proposed rezoning is consistent with the objectives of the Seymour Structure Plan and the Mitchell Planning Scheme. The draft documentation for proposed Planning Scheme Amendment C155 forms Attachment 1 to this report. This report recommends that Council proceed with the rezoning of this land to facilitate investment and job creation for the Seymour region.

COUNCIL RESOLUTION MOVED: CR. R. SANDERSON SECONDED: CR. F. STEVENS THAT Council: 1. Seeks Ministerial Authorisation in accordance with Section 8(A) of the Planning and Environment Act 1987 for the preparation of a Planning Scheme Amendment C155 for 470 Seymour-Tooborac Road, Hilldene, including any appropriate request to modify notice requirements in respect of the proposed amendment under section 20 of the Planning and Environment Act 1987.

2. Subject to Ministerial Authorisation, prepare and exhibit a Planning Scheme Amendment C155 in accordance with the requirements of the Planning and Environment Act 1987.

CARRIED UNANIMOUSLY

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9.9 PLANNING PERMIT APPLICATION PLP055/20 FOR MAJOR PROMOTION SIGN AT 111 NORTHERN HIGHWAY KILMORE Author: Fawaaz Price - Statutory Planner File No: PLP055/20 Attachments: 1. Relevant Planning Policy Framework and Local Planning Policy Framework 2. Plans for assessment 3. Advertising area

Property No.: 106554 Title Details: Lot 1 on Plan of Subdivision 114698 Parish of Willowmavin. (Vol. 9100 Fol. 375) Applicant: Transad Australia Zoning: Industrial 1 Zone Overlays: Nil Objections Received: 2 objections were received at the time of writing this report. Cultural Heritage Management No. The subject site is located within an area Plan Required: identified for cultural heritage significance, but the proposed development is not considered a high impact activity therefore not requiring a Cultural Heritage Management Plan Officer Declaration of Conflict of No officers involved in the preparation of this Interest: report have any direct or indirect interest in this matter

SITE MAP

Image 1. Aerial of 111 Northern Highway, Kilmore (Source: Nearmap 2020 GIS)

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PLANNING PERMIT APPLICATION PLP055/20 FOR MAJOR PROMOTION SIGN AT 111 NORTHERN HIGHWAY KILMORE (CONT.)

Image 2: 111 Northern Highway, Kilmore (Source: Nearmap GIS 2020)

SUMMARY The application is seeking approval for two single-sided major promotion signs at 111 Northern Highway in Kilmore. The subject land is located within the Industrial 1 Zone and is not affected by any overlays. The application was advertised via letters to adjoining landowners and occupiers. A total of 2 objections have been received at the time of writing this report. The primary matters discussed in this report are related to the significance of the subject area as a key gateway into the Kilmore township, the sign’s potential impacts to views and vistas and the relationship to the surrounding landscapes. This report recommends that a Notice of Decision to Refuse a Planning Permit be issued for the proposal. The major promotion sign is considered an inappropriate design outcome for the subject site and fails to consider the key decision guidelines of Clause 52.05 of the Mitchell Planning Scheme and the Kilmore Structure Plan.

COUNCIL RESOLUTION MOVED: CR. A. GOBLE SECONDED: CR. D. ATKINSON THAT Council having complied with the relevant Sections of the Planning and Environment Act 1987, resolve to issue a Notice of Decision to Refuse a Planning Permit in respect of Application No. PLP055/20 for Major Promotion Signs at Lot 1 on Plan of Subdivision 114698 Parish of Willowmavin. (Vol. 9100 Fol. 375), known as 111 Northern Highway, Kilmore, subject to the following conditions: 1. The proposal does not meet the relevant objectives and strategies of Clauses:

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PLANNING PERMIT APPLICATION PLP055/20 FOR MAJOR PROMOTION SIGN AT 111 NORTHERN HIGHWAY KILMORE (CONT.)

a. 11.03-3S (Peri-urban areas) b. 11.03-5S (Distinctive areas and landscapes) c. 11.03-6S (Regional and local places) d. 12.03-1S (River corridors, waterways, lakes and wetlands) e. 15.01-1S (Urban design) f. 15.015S (Neighbourhood character) g. 15.01-6S (Design for rural areas) h. 17.02-2S (Out-of-centre development) i. 21.01 (Mitchell Shire) j. 21.02 (Settlement) k. 21.08-1 (Economic growth)

2. The proposal is inconsistent with Clause 21.11-3 (Kilmore) of the Mitchell Planning Scheme by failing to contribute to an attractive gateway to the Kilmore Township.

3. The proposal does not satisfy the decision guidelines of Clause 52.05- 8 of the Mitchell Planning Scheme with regards to the impact on streetscape, and the overall visual dominance of the sign.

4. The site context does not allow for a major promotion sign to fit comfortably within the surrounding landscape.

5. The proposed signs disregard the local policy direction within the Kilmore Structure Plan relating to the quality of design and enhancement of Kilmore culture and heritage.

6. The proposal is not consistent with the decision guidelines of Clause 65.01.

CARRIED UNANIMOUSLY

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9.10 PLANNING PERMIT APPLICATION PLP264/19 FOR A STAGED MULTI- LOT RESIDENTIAL SUBDIVISION, REMOVAL OF NATIVE VEGETATION AND REMOVAL OF EASEMENTS AT LOT 3 ON PS409317, TARCOMBE ROAD, SEYMOUR Author: Robert Ford - Principal Planner File No: PLP264/19 Attachments: 1. Appendix 1 - Clause 56 Assessment 2. Appendix 2 - Subdivision Masterplan 3. Appendix 3 - Extent of Notification and Advertising 4. Appendix 4 - Planning Policy Framework

Property No.: 103760 Title Details: Lot 3 on PS409317 (Volume 10346 / Folio 044) Applicant: Land Development Consulting Pty Ltd Zoning: General Residential Zone Overlays: No Objections Received: 3 submissions (1 objection, 2 queries seeking clarification on proposed drainage) Cultural Heritage Management No, the subject site is not located within an Plan Required: area of Aboriginal cultural heritage sensitivity Officer Declaration of Conflict of No officers involved in the preparation of this Interest: report have any direct or indirect interest in this matter

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.)

SITE MAP

(Subject Site - Nearmap aerial imagery, 2020)

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.)

(Subject site and immediate surrounds - Nearmap aerial imagery, 2020)

(Context of site in comparison to wider Seymour township - Nearmap, 2020)

SUMMARY Planning Application PLP264/19 seeks permission for a 69-lot residential subdivision, removal of native vegetation and removal of an existing easement at Tarcombe Road, Seymour.

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) The land is subject to the General Residential Zone and is not subject to any overlays. The Seymour Structure Plan identifies the site as part of “Existing / Committed Broadacre (Greenfield) Land Stock” Precinct 8. The application was advertised by mail to surrounding properties and with a sign on site. Three submissions were received. It is recommended to issue a Notice of Decision to Grant a Planning Permit subject to conditions. This application has been called in by Councillors, in order to provide a local perspective on the proposal, removing officers delegated authority to determine the application.

COUNCIL RESOLUTION MOVED: CR. F. STEVENS SECONDED: CR. A. GOBLE

EXTENSION OF TIME MOVED: CR. F. STEVENS SECONDED: CR. A. GOBLE CARRIED UNANIMOUSLY

RECOMMENDATION THAT Council having complied with the relevant Sections of the Planning and Environment Act 1987, resolve to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. PLP264/19 for a staged multi-lot residential subdivision, and removal of easements at Lot 3 on PS409317 (Volume 10346 / Folio 044), known as Tarcombe Road, Seymour, subject to the following conditions: Amended Plans 1. Prior to the certification of the first plan of subdivision under the Subdivision Act 1988, amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and then form part of the permit. The plan must be generally in accordance with the Subdivision Plan Parkside Estate Proposal 3814 Version E as prepared by Land Development Consulting Pty Ltd, but modified as follows, to the satisfaction of the Responsible Authority: a. Modification to lots resulting in minimum lot size of 650m2 with at least 50% of lots having an average size in excess of 800m2. b. Modification to lots 2-3 and 4-5 to ensure all lots front the internal east-west road c. Addition of annotation and ‘typical cross section’ to plan

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) regarding the access road from Tarcombe Road to identify: i. No on-street parking on this road to be provided ii. Road pavement to be minimum 8m in width iii. Substantial street-tree landscaping d. Modification to a portion of the eastern north-south road interfacing the Council land currently utilised by the ‘Seymour Pony Club’ resulting in: i. Creation of a minimum 10-metre-wide reserve for the retention of Trees 1, 3-6, 8-11 as identified on the Axiom Tree Management Report dated 12 November 2019 ii. Ensuring that the modified road remains located on the eastern boundary within the north-east corner of the site iii. Ensuring that tree protection zones are not encroached and protected within the reserve. e. Updated staging boundary and detail to reflect the revised number of lots with the created reserve forming part of Stage 1 f. Redesign of lots in the south-west corner of the site, resulting in removal of extended driveway or court-bowl head. g. Inclusion of indented car parking where appropriate. h. Deletion of comment regarding replacement rate of tree removal. i. Annotation on plans to provide fencing (animal poof fencing) detail to the interface of the Council land currently utilised by the Seymour Pony Club and Council Reserve to be at no cost to Council, j. Removal of any proposed street names k. Redesign of lots in the south-west corner of the site, resulting in removal for requirement of any extended driveway or court-bowl head. 2. The development as shown on the endorsed plans must not be altered or modified unless otherwise agreed in writing by the Responsible Authority. 3. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time. 4. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. 5. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act. Staging of subdivisions 6. The subdivision of the land must proceed in the order of stages shown on the endorsed plans unless otherwise agreed in writing by the Responsible Authority.

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) Public Open Space Contribution 7. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the permit holder must pay to the Responsible Authority a cash payment equivalent to 5 per cent of the site value of all the land in the subdivision in lieu of the provision of land for Public Open Space, unless otherwise agreed in writing by the Responsible Authority. Provision of services, hydrants, lighting and other infrastructure 8. Utility service substations, kiosk sites and the like must not be located on any land identified as public open space or land to be used for any municipal purpose unless otherwise agreed by the Responsible Authority. 9. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, operable hydrants must be provided either above or below ground, with a maximum distance between hydrants and the rear of all building envelopes / the rear of lots of 120m and be no more than 200m apart, to the satisfaction of the Responsible Authority. 10. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, street lighting must be provided and installed in accordance with AS 1158, to the satisfaction of the Responsible Authority. Site Specific Conditions Housing Design Guidelines 11. Before the plan of subdivision is certified for any stage under the Subdivision Act 1988, Housing Design Guidelines must be submitted to and approved by the Responsible Authority. Once approved, the Housing Design Guidelines must be secured as a restriction (i.e. Section 173 Agreement or Memorandum of Common Provisions) that is registered on the title to the land. Tree Retention and Council Reserve 12. Fencing abutting municipal reserve Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, any fencing shown on the endorsed landscape plan as abutting a municipal reserve must be constructed at no cost to, and to the satisfaction of, the Responsible Authority. 13. Tree protection zones to be provided 14. Before the works starts, tree protection fence(s) must be erected around [the tree(s) nominated for retention on the endorsed plans to define a Tree Protection Zone. The Tree Protection Zone must be erected at a radius of 12 times the diameter at breast height (DBH) to a maximum of 15 metres but no less than 2 metres from the base of the trunk. The fence must be constructed of star pickets/ chain mesh or similar to the satisfaction of the Responsible Authority. The tree protection fence(s) must remain in place until the completion of the development unless otherwise agreed in writing by the Responsible Authority.

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) 15. No access in tree protection zones No vehicular or pedestrian access, trenching, storage of materials or equipment or soil excavation is to occur within the Tree Protection Zone unless otherwise agreed in writing by the Responsible Authority. Site Specific Engineering Conditions 16. Prior to the issue of a Statement of Compliance under the Subdivision Act 1988 for the first stage of the subdivision, unless otherwise agreed in writing by the Responsible Authority, the permit holder must construct a detention basin within or adjacent to the development, to manage the stormwater from the development to a pre-development intensity. 17. Prior to the issue of a Statement of Compliance under the Subdivision Act 1988 for the second stage of the subdivision, unless otherwise agreed in writing by the Responsible Authority, a secondary ingress/egress access point to the site must be provided via adjoining developments. General Engineering Conditions 18. Unless otherwise agreed in writing by the Responsible Authority, prior to the submission of any detailed/functional layout plans, a Stormwater Management Strategy to the satisfaction of the Responsible Authority must be prepared. The Strategy should include: a. General sizing and specification of any detention and treatment facilities; b. Location of any proposed detention and treatment facilities; c. Typical details of proposed systems to be utilised; d. Evidence to support water quality improvements; e. Evidence to support appropriate retention; f. Major storm overland flow paths and requirements; g. Outfall works and proposals; h. Any required staging or interim facilities. 19. Unless otherwise agreed to in writing by the responsible Authority, before the plan of subdivision is certified for the first stage of the subdivision under the Subdivision Act 1988, a Functional Layout Plan for the stage of subdivision must be submitted to and approved by the Responsible Authority. The Functional Layout Plan must be drawn to scale with dimensions. Once approved the Functional Layout Plan will then be endorsed and form part of the planning permit. The Functional Layout Plan must be generally in accordance with the application plans but incorporate the following: a. a subdivision layout drawn to scale, including lot areas, lot numbers and widths of road reserves; b. topography and existing features, including contours for the subject land and any affected adjacent land; c. the location of all trees existing on the land, including dead trees and those that overhang the land from adjoining land; d. details of tree protection zones for all trees to be retained on the land; e. any trees proposed for removal from the land;

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) f. typical cross-sections for each street type, dimensioning individual elements and services offsets and any other spatial requirements; g. a table of offsets for all utility services and street trees; h. location and alignment of kerbs, indented parking spaces, footpaths, shared paths, bus stops and traffic controls; i. the proposed minor drainage network and any land required for maintenance access; j. the major drainage system, including any watercourse, lake, wetland, silt pond, and/ or piped elements showing preliminary sizing; k. overland flow paths (100-year ARI) to indicate how excess runoff will safely be conveyed to its destination; l. drainage outfall system (both interim and ultimate), indicating legal point of discharge and any access requirements for construction and maintenance; m. preliminary location of reserves for electrical kiosks; and, n. works external to the subdivision, including both interim and ultimate drainage and access requirements. 20. Prior to the issue of a Statement of Compliance, unless otherwise agreed by the Responsible Authority, under the Subdivision Act 1988 for the relevant stage, all works shown as part of the endorsed stormwater management strategy must be constructed or carried out in accordance with that strategy to the satisfaction of the Responsible Authority. 21. Before any road and/ or drainage works associated with the subdivision for any stage start, detailed construction plans for the relevant stage and to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be generally in keeping with the approved functional layout plan and drawn to scale with dimensions. The plans must include: a. All necessary computations and supporting documentation for any structure, traffic data, road safety audit and geotechnical investigation report; b. All details of works consistent with any approved functional layout plan, relevant landscape plan and plan of subdivision for the relevant stage of the subdivision; c. Design for full construction of streets and underground drainage, including measures to control / capture pollutants and silt; d. Provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan; e. All road reserve and pavement widths to be in accordance with relevant applicable Design Manual cross sections and standards; f. All intersection treatments to allow Council’s waste collection vehicles to manoeuvre in a forward direction without the need for reversing; g. Where an intersection, bend or junction is part of a designated bus route, the design must allow for the movement of an ultra-

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) low floor bus (ULFB 12.5m) and roundabouts at the intersection of two connector streets must be designed to accommodate an ULFB, 12.5 metres and all service and emergency vehicles; h. Verge widths around all bends, intersections and within court bowls must not be less than 3m in width; i. Solid white centreline pavement marking and raised reflective pavement markings (RRPM) on all 90-degree bends on through roads; j. Vehicle crossings must be provided to each lot in accordance with applicable Design Manual standards; k. Provision of concrete footpaths in all streets and reserves. All footpaths shall be a minimum 1.5 metres in width and be in accordance with applicable Design Manual standards; l. All court heads to allow Council’s waste collection vehicles to access and egress from the courts in a forward direction; m. Provision of a temporary turning area with sufficient size in locations where the road terminates at stage boundaries to allow waste collection vehicles to access and egress in a forward direction; n. Provision of public lighting with underground electricity supply to all streets, footpaths, bus stops and to major pedestrian and bicycle links; o. All street lighting must be designed in accordance with AS 1158. Non-standard street lighting will not be accepted, except where this provides continuity with existing lighting and is agreed by the Responsible Authority. A non-standard lighting fee will apply. Energy efficient lighting, (e.g. LED), should be utilised; p. Access to all public buildings, pathways and road crossings shall comply with the Disability Act 2006 and be to the satisfaction of the Responsible Authority; q. Provision of street name plates to the Mitchell Shire Council Standard, including a schedule of individual signs and associated street numbers; r. Provision of underground drains of sufficient capacity to serve all lots being created which connect to a legal point of discharge including the provision of an inlet to each lot in accordance with applicable Design Manual standards; s. The location and provision of vehicle exclusion mechanisms abutting reserves; t. Details of the proposed treatment and provision for lot boundary fencing adjoining all reserves other than road reserves; u. Permanent survey marks; v. Survey details of the canopy trunk location and size of all trees to be removed or retained and associated tree protection zones; w. Details in relation to all filling on the land that must be compacted to specifications approved by the Responsible Authority; x. The underground relocation of all existing aerial services, on the

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) services layout plan; y. The location of any earthworks (cut or fill) or service provision in a location outside the designated tree protection zone which does not adversely impact on the health and integrity of any trees to be retained; z. The drainage system of the proposed development must be designed to ensure that flows downstream of the land are restricted to pre-development levels unless increased flows are approved by the Responsible Authority; aa. Underground drainage must be provided including any other drainage works necessary for the transmission of drainage as required to the approved outfall; bb. All drainage works must be designed to meet the following current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (1999) unless otherwise agreed in writing by the Responsible Authority: i. 80% retention of the typical annual load of total suspended solids ii. 45% retention of the typical annual load of total phosphorus; and iii. 45% retention of the typical annual load of total nitrogen. cc. Each lot must be provided with one drainage discharge point; and, dd. Roads and allotments are to be designed such that the allotments are protected with a minimum freeboard against the 1 in 100 flooding, in accordance with applicable Design Manual standards. 22. Prior to the issue of a Statement of Compliance for the first stage of the subdivision, unless otherwise agreed by the Responsible Authority under section 21(1)(b)(ii) of the Subdivision Act 1988, for any stage of the subdivision under the Subdivision Act 1988, all works shown on the approved construction plans must be constructed or carried out in accordance with the plans and to the satisfaction of the Responsible Authority. 23. Before any works associated with the subdivision start, a Construction Management Plan must be submitted to, and be to the satisfaction of the Responsible Authority. Once approved the Construction Management Plan will then be endorsed and form part of the planning permit. The Construction Management Plan must include details of: a. A Site Management and Safety Plan including, but not limited to, the following: i. Locations of temporary on-site facilities such as equipment storage areas, litter control compounds, contractor rest and car parking areas and the likes; ii. On-site safety procedures; iii. Relevant service authority and emergency services contact details;

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) iv. Site access address for emergency vehicles; v. Working hours and days; vi. Site specific safety and risk analysis; vii. Methods to ensure the recommendations of any approved Cultural Heritage Management Plan applying to the land are carried out. b. A Site Environmental Management Plan including, but not limited to, the following: i. Methods to contain dust, dirt and mud within the subject site, and the method and frequency of clean up procedures; ii. Sediment control techniques to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system; iii. Stormwater management and water quality control procedures; iv. Methods to prevent and manage illegal dumping on the land; v. Tree Protection Zones around the trees to be retained as shown on the endorsed plans; vi. Machinery wash down areas, clearly fenced and located in disturbed areas, which ensure that all machinery entering and exiting the land is weed and pathogen free; vii. Methods to ensure that contractors working on the land are aware of the requirements of the Construction Management Plan and any other obligations of the planning permit. c. A Traffic Management Plan including, but not limited to, the following: i. Proposed haulage routes to and from the subject land; ii. Expected frequency of vehicle movements to and from the land; iii. Site access arrangements for construction vehicles; iv. Measures proposed to mitigate traffic impacts resulting from construction vehicles accessing the land. All works must be undertaken in accordance with the endorsed Construction Management Plan to the satisfaction of the Responsible Authority. 24. All works must be undertaken in a manner that minimises soil erosion, and any exposed areas of soil must be stabilised to prevent soil erosion, to the satisfaction of the Responsible Authority. 25. Before any road and drainage works associated with the subdivision start, evidence must be provided to demonstrate compliance with Australian Standard AS 3798 - 2007 (Guidelines on earthworks for commercial and residential developments), to the satisfaction of the Responsible Authority. All filling on the site affecting road and drainage infrastructure must be carried out to the satisfaction of, supervised by,

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) and recorded in accordance with AS 3798 - 2007 (Guidelines on earthworks for commercial and residential developments) by, a qualified Geotechnical Engineer appointed by the Developer. All fill must be certified clean fill as defined by the Environment Protection Agency (EPA) and no fill accepted from the general public. 26. Prior to the issue of a Statement of Compliance for each stage of the subdivision under the Subdivision Act 1988, the following must be submitted to the satisfaction of the Responsible Authority unless otherwise agreed in writing by the Responsible Authority: a. A complete set of “as constructed plans” of site works in digital file format both PDF and AutoCAD. The AutoCAD digital files must have a layer naming convention to enable identification of Council assets listed. b. A DXF digital file of the Plan of Subdivision including all easement shown. c. A Schedule of all sub-divisional civil work costs and asset quantities which include the following Council assets; v. Total length of Roads, Footpath, Kerb and Channel, vi. Total number of Bridges, WSUD features, Traffic calming devices, vii. Total length of pipe and number of pits for Drainage, viii. Total number of streetlights. d. Asset information in digital format to include asset data in accordance with the “A-Spec” Standard, including D-Spec for drainage infrastructure, open space data in accordance with the “O-Spec” Standard, road and footpath data in accordance with “R-Spec” Standards and B-Spec for building data. e. A report containing a maintenance regime for all Water Sensitive Urban Design features. f. Any relevant infrastructure manuals, specifications or maintenance requirements for assets to be handed over. g. A CCTV video recording and report of all completed stormwater drains greater than 150mm diameter. 27. Unless otherwise agreed to in writing by the Responsible Authority, prior to the issue of Statement of Compliance, the permit holder must provide construct a vehicle crossing to each allotment in the development to a residential standard in accordance with the relevant Design Manual to the satisfaction of the Responsible Authority. Drainage Requirements 28. Unless otherwise agreed to in writing by the Responsible Authority, prior to the issue of a Statement of Compliance, the permit holder must construct at no cost to Council, drainage works for each of the proposed allotment and the Council nominated point of discharge to the satisfaction of the Responsible Authority. 29. Unless otherwise agreed to in writing by the Responsible Authority, prior to the issue of a Statement of Compliance, the discharge of water from each of the proposed allotments must be controlled around its limits to prevent any discharge onto any adjacent property or streets other than

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) by means of an approved drainage system discharged to an approved outlet in a street or to an underground pipe drain to the satisfaction of the Responsible Authority. 30. Unless otherwise agreed to in writing by the Responsible Authority, prior to the issue of a Statement of Compliance, each allotment in the proposed development must be connected to an underground drainage system including an on-site detention system to control flows to pre- development levels and treat stormwater wholly within the boundaries of the subject land, to the satisfaction of the Responsible Authority. Fees and charges 31. Unless otherwise agreed to in writing by the Responsible Authority, prior to the issue of a Statement of Compliance, a refundable maintenance bond of 5 per cent plus a design checking and audit fee of 3.25 per cent of the total cost of all infrastructure to be handed over to Council shall be paid to Council. The maintenance bond shall be held by Council for an agreed minimum period of twelve (12) months from completion of all works on site, in accordance with Section 17(4) of the Subdivision Act 1988. Reinstatement Requirements 32. Any road(s), footpath(s) and/or other infrastructure damaged as a result of the construction works (including but not limited to trenching and excavation for utility service connections, movement of vehicles and the likes), must be reinstated to the satisfaction of the Responsible Authority and at the cost of the permit holder. Landscape and Environment Conditions Landscape Masterplan 33. Prior to the plan of subdivision being certified for the first stage of the subdivision under the Subdivision Act 1988, a landscape master plan for the whole of the development must be prepared by an experienced landscape architect, landscape designer or suitably qualified person to the satisfaction of the Responsible Authority. 34. The landscape master plan must be drawn to a scale appropriate for the detail to be shown, indicating all relevant concept layouts and sections/elevations, including but not limited to: a. A Landscape Design Statement addressing issues such as design intent; design principles; response to heritage and environment. b. A Landscaping Theming Document consisting of graphical concepts depicting the landscape character including the surface finishes and materials, fencing, retaining walls and planting palette. c. The indicative location of open space d. Entrance treatments and signage if applicable e. Site connectivity and relationship to existing context. When approved, the plan will be endorsed and will then form part of the permit. Detailed Landscape Plan 35. Before the start of any landscaping works for any stage of the

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) subdivision, a detailed landscape plan and plant schedule for that stage prepared by a person suitably qualified or experienced in landscape design to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must show the proposed landscape and plant schedule for all public open space areas, including streetscapes, wetlands, parkland water retention areas, buffer zones, service corridors, areas adjacent to the freeway and community uses and be generally in accordance with the Landscape Master Plan. The plan must be drawn to scale with dimensions, indicating all relevant details, sections/elevations and dimensions and all relevant specifications (including but not limited to): a. The details and locations of all landscaping works; b. A detailed plant schedule including all proposed tree, shrub, groundcover and climbing plant species, botanical names, common names, pot sizes, sizes at maturity, plant densities and quantities of each plant with reference to the relevant Australian Standards and NATSPECS. c. Detailed planting and construction drawings including site contours and any proposed changes to existing levels including any structural elements such as retaining walls; d. Additional supporting information, such as certified structural designs or building forms; e. Details and locations of the proposed surface finishes of pathways and driveways including slip resistance. f. Existing vegetation that is approved to be retained; All planted trees must be specified as 45L pot size advanced tree(s). Plant species selection for the landscaping of the tree reserve must contribute to habitat for indigenous fauna species, animals and birds that use trees as habitat. The plant species selected must be in accordance with the indigenous Ecological Vegetation Class (EVC). All species selected must be to the satisfaction of the Responsible Authority. Landscape Maintenance 36. Before the dwellings are occupied, all landscaping works as shown on the endorsed plan must be carried out and completed to the satisfaction of the Responsible Authority. When the landscaping works have been completed, written confirmation must be provided to the satisfaction of the Responsible Authority that landscaping of the land has been undertaken in accordance with the endorsed landscaping plans. 37. The landscaping is to be maintained for a period of 24 months including at least two full summer periods from practical completion of the landscaping. During this period, any dead, diseased or damaged plants or landscaped areas are to be replaced to the satisfaction of the Responsible Authority. Weed control 38. Any weed infestations resulting from soil disturbance and/or the importation of sand, gravel and other material must be controlled during the construction period to ensure that there is no weed spread outside of

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) the subject site to the satisfaction of the Responsible Authority.

Before the building is occupied all noxious weeds on the land must be eradicated to the satisfaction of the Responsible Authority. Removal of vegetation 39. The extent of vegetation to be removed and retained as shown on the endorsed plans and documents must not be altered or modified unless otherwise agreed in writing by the Responsible Authority.

40. Before works start, the permit holder must advise all persons undertaking the vegetation removal/works on land of all relevant conditions of this permit. Completion of landscaping works for Subdivision 41. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, or by any later date that is approved in writing by the Responsible Authority, the landscape works shown on the endorsed landscape plans must be carried out and completed to the satisfaction of the Responsible Authority. Landscape maintenance 42. The landscaping is to be maintained for a period of 24 months from practical completion of the landscaping. During this period, any dead, diseased or damaged plants or landscaped areas are to be replaced to the satisfaction of the Responsible Authority. Deferral of landscaping 43. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the permit holder may request to defer the completion of all or part of the landscaping shown on the endorsed landscape plan, provided: a. the permit holder obtains the written consent to deferring of all or part of the landscaping from the Responsible Authority b. an amount equivalent to 150 per cent of the estimated cost of the outstanding landscaping is paid to the Responsible Authority as a security bond c. a works program, setting out the proposed timing of all outstanding landscaping including a period of maintenance is provided to the satisfaction of the Responsible Authority The permit holder must notify the Responsible Authority in writing when the landscaping has been completed and any agreed maintenance period has finished and request a refund of the security bond. Subject to the landscaping works being to the satisfaction of the Responsible Authority, the security bond will be refunded. Fencing to municipal reserves 44. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, any fencing shown on the endorsed landscape plan to a municipal reserve must be constructed at no cost to, and to the satisfaction of, the Responsible Authority. Works in road reserves and municipal reserves

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) 45. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, as constructed plans for all works within the reserves and associated landscaping infrastructure must be provided to the satisfaction of the Responsible Authority. The plans must include an asset list including a description, details and quantities of each asset, the construction costs of any assets (including irrigation and any other in-ground asset) and operations and maintenance manuals as relevant. Other General Conditions Infrastructure 46. Any road(s), footpath(s) or other infrastructure adjacent to the land damaged as a result of the construction works (including but not limited to trenching and excavation for utility service connections, movement of vehicle and the likes), must be reinstated to the satisfaction of the Responsible Authority and at the cost of the permit holder.

47. All proposed roads, pavements and other infrastructure are to be constructed in accordance with Mitchell Shire Council Standard Drawings and Specifications, to the satisfaction of the Responsible Authority. 48. Areas must be provided inside the property line and adjacent to the footpath to accommodate pits and meters. No private pits, valves or meters will be permitted on Council property.

49. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time. 50. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. 51. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act. Telecommunications 52. The owner of the land must enter into an agreement with:

a. Telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and b. a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) in an area where the National Broadband Network will not be provided by optical fibre.

53. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a. telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and b. a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. APA Group Conditions 54. Easements in favour of “Australian Gas Networks (VIC) Pty Ltd” must be created on the plan to the satisfaction of APT. 55. The plan of subdivision submitted for certification must be referred to APT O&M Services Pty Ltd, in accordance with Section 8 of the Subdivision Act 1988. AUSNET 56. The applicant must: • Enter in an agreement with AusNet Electricity Services Pty Ltd for supply of electricity to each lot on the endorsed plan. • Enter into an agreement with AusNet Electricity Services Pty Ltd for the rearrangement of the existing electricity supply system. • Enter into an agreement with AusNet Electricity Services Pty Ltd for rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be agreed by AusNet Electricity Services Pty Ltd. • Provide easements satisfactory to AusNet Electricity Services Pty Ltd for the purpose of "Power Line" in the favour of “AusNet Electricity Services Pty Ltd” pursuant to Section 88 of the Electricity Industry Act 2000, where easements have not been otherwise provided, for all existing AusNet Electricity Services Pty Ltd electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land. • Obtain for the use of AusNet Electricity Services Pty Ltd any other easement required to service the lots. • Adjust the position of any existing AusNet Electricity Services Pty Ltd easement to accord with the position of the electricity line(s) as determined by survey. • Set aside on the plan of subdivision Reserves for the use of

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) AusNet Electricity Services Pty Ltd for electric substations. • Provide survey plans for any electric substations required by AusNet Electricity Services Pty Ltd and for associated power lines and cables and executes leases for a period of 30 years, at a nominal rental with a right to extend the lease for a further 30 years. AusNet Electricity Services Pty Ltd requires that such leases are to be noted on the title by way of a caveat or a notification under Section 88 (2) of the Transfer of Land Act prior to the registration of the plan of subdivision. • Provide to AusNet Electricity Services Pty Ltd a copy of the plan of subdivision submitted for certification that shows any amendments that have been required. • Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by AusNet Electricity Services Pty Ltd. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998. • Ensure that all necessary auditing is completed to the satisfaction of AusNet Electricity Services Pty Ltd to allow the new network assets to be safely connected to the distribution network. Goulburn Valley Water 57. Payment of new customer contribution charges for water supply to the development, such amount being determined by the Corporation at the time of payment; 58. Provision of a reticulated water supply and associated construction works to each allotment within the development, at the developer’s expense, in accordance with standards of construction adopted by and to the satisfaction of the Goulburn Valley Region Water Corporation; 59. Any existing water service that crosses any of the proposed allotment boundaries within the proposed development must be disconnected and re-located at the developer's expense, to be wholly within one allotment only, including notification of the proposed lot to be serviced by the existing water meter, to the satisfaction of the Goulburn Valley Region Water Corporation;

60. Payment of new customer contributions charges for sewerage services to the development, such amount being determined by the Corporation at the time of payment;

61. Provision of reticulated sewerage and associated construction works to each allotment within the development, at the developer’s expense, in accordance with standards of construction adopted by and to the satisfaction of the Goulburn Valley Region Water Corporation; (The works may include, but not be limited to the construction of a sewerage pumping station, rising mains and gravity mains); 62. Provision of easements in favour of the Goulburn Valley Region Water

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) Corporation over all existing and proposed sewer mains located within private property;

63. The operator under this permit shall be obliged to enter into an Agreement with Goulburn Valley Region Water Corporation relating to the design and construction of any sewerage or water works required. The form of such Agreement shall be to the satisfaction of Goulburn Valley Water. A copy of the format of the Agreement will be provided on request; 64. The plan of subdivision lodged for certification is to be referred to the Goulburn Valley Region Water Corporation pursuant to Section 8(1) of the Subdivision Act, 1988. Note, due to limited spare capacities of both SPS11 and SPS16, potential pump station upgrades will be triggered by the development. This will be confirmed when detailed information available for the development. These works will be at the developer’s expense. Provision of services, hydrants, lighting and other infrastructure 65. Utility service substations, kiosk sites and the like must not be located on any land identified as public open space or land to be used for any municipal purpose unless otherwise agreed by the Responsible Authority.

66. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, operable hydrants must be provided either above or below ground, with a maximum distance between hydrants and the rear of lots of 120m and be no more than 200m apart, to the satisfaction of the Responsible Authority.

67. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, street lighting must be provided and installed in accordance with AS 1158, to the satisfaction of the Responsible Authority. Permit Expiry 68. This permit will expire if one of the following circumstances applies: a. The plan of subdivision for the first stage is not certified within 2 years of the date of this permit; b. Any subsequent stage is not certified within five years of the date of the permit; c. The registration of the relevant stage of subdivision is not completed within five years from the date of certification of the plan of subdivision. The Responsible Authority may extend the permit if a request is made in writing in accordance with Section 69 of Planning and Environment Act 1987.

CARRIED UNANIMOUSLY

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.)

COUNCIL RESOLUTION MOVED: CR. A. GOBLE SECONDED: CR. F. STEVENS THAT Council adjourn the remainder of the Ordinary meeting until Monday 24 August 2020 at 7pm. CARRIED UNANIMOUSLY

The meeting was adjourned at 9.57pm.

COUNCIL RESOLUTION MOVED: CR. D. ATKINSON SECONDED: CR. B. CORNISH THAT Council resume the Ordinary meeting of Council. The meeting resumed at 7.07pm on 24 August 2020. CARRIED UNANIMOUSLY

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) 9.11 PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE Author: Enes Bilgic - Statutory Planner File No: PLP117/19 Attachments: 1. Relevant Planning Policies 2. Map of Notification to Adjoining Properties 3. Application Material 4. Clause 55 Assessment

Cr Rob Eldridge left the meeting at 7:10 pm.

Property No.: 106614 Title Details: Lot 1 on Title Plan 239801T (Volume 06690, Folio 936) Applicant: Bruce Mactier Building Designers Zoning: Commercial 1 Zone Overlays: Design and Development Overlay, Heritage Overlay Objections Received: Yes, 164 objections received at the time of this report Cultural Heritage Management Yes, a CHMP was provided Plan Required: Officer Declaration of Conflict of No officers involved in the preparation of this Interest: report have any direct or indirect interest in this matter

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) SITE MAP

(Map of the subject site)

(Map of the wider surrounding area)

SUMMARY A planning permit application has been received seeking approval for buildings and works for the construction of three dwellings, a four-lot subdivision and the creation of easements at 39 Sydney Street in Kilmore. The subject land is located within the Commercial 1 Zone and is affected by the Design and Development Overlay - Schedule 4 and Heritage Overlay - Schedules 91 and 99). The application was advertised via letters to adjoining landowners and occupiers and a sign was displayed on the site. A total of 164 objections have been received, at the time of writing this report.

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PLANNING PERMIT APPLICATION PLP117/19 FOR BUILDINGS AND WORKS FOR THE CONSTRUCTION OF 3 DWELLING, 4 LOT SUBDIVISION AND THE CREATION OF AN EASEMENT AT 39 SYDNEY STREET KILMORE (CONT.) The primary matters discussed later in this report are related to the construction of residential dwellings in a commercial zone, connectivity to amenities, incorporated documents and overlays affecting the subject site. The report recommends that a Notice of Decision to Refuse a Planning Permit be issued for the proposal, as the development is inappropriate in relation to the subject site and future planning of Kilmore.

COUNCIL RESOLUTION MOVED: CR. B. CHISHOLM SECONDED: CR. R. SANDERSON

THAT Council having complied with the relevant Sections of the Planning and Environment Act 1987, resolve to issue a Notice of Refusal to Grant a Planning Permit in respect of Application No. PLP117/19 for buildings and works for the construction of three dwellings, four lot subdivision and the creation of an easement at Lot 1 on Title Plan 239801T (Volume 06690, Folio 936), known as 39 Sydney Street Kilmore, on the following grounds: 1. The proposed development and subdivision are inconsistent with the objectives and strategies of Planning Policy Framework of the Mitchell Planning Scheme which are:

a. Clause 11.01-1S (Supply of urban land) b. Clause 11.03-1S (Activity centres) c. Clause 13.07-1S (Land use compatibility) d. Clause 21.08 (Employment) e. Clause 21.11-3 (Kilmore)

2. The proposed development and subdivision are inconsistent with purpose and decision guidelines of the Clause 34.01 (Commercial 1 Zone) of the Mitchell Planning Scheme.

3. The proposal does not meet the design objectives of the Design and Development Overlay – Schedule 4 of the Mitchell Planning Scheme.

4. The proposal is inconsistent with the Kilmore Structure Plan and Kilmore Town Centre Plan as the subject site is designated for a future retail role within the Essential Project 1 Area.

5. The proposal does not meet the decision guidelines of Clause 65.01 (Approval of an Application or Plan) of the Mitchell Planning Scheme. CARRIED UNANIMOUSLY

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9.12 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL HEARINGS AND ACTIVITIES CARRIED OUT UNDER DELEGATION Author: James McNulty - Manager Development Approvals File No: CL/04/004 Attachments: Nil

Cr Rob Eldridge returned to the meeting at 7:15 pm.

SUMMARY The following is a summary of planning activity before the Victorian Civil and Administrative Tribunal (VCAT) as well as a list of decisions on planning permit applications dealt with under delegated powers for the period detailed.

COUNCIL RESOLUTION MOVED: CR. A. GOBLE SECONDED: CR. B. CORNISH

THAT Council receive and note the report on the Victorian Civil and Administrative Tribunal Hearings and Activities carried out under delegation.

CARRIED UNANIMOUSLY

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10 EXECUTIVE SERVICES Nil Reports

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11 NOTICES OF MOTION 11.1 NOTICE OF MOTION: NO. 986 - TREE REMOVAL PLANNING APPLICATIONS Author: Councillor Rob Eldridge File No: GV/10/030 Attachments: Nil

I hereby give notice of my intention to move the following motion at the Ordinary Council Meeting to be held on 17 August 2020.

COUNCIL RESOLUTION MOVED: CR. R. ELDRIDGE SECONDED: CR. A. GOBLE THAT Council resolve that:

1. As a priority, a local planning policy is developed prioritising protection of existing mature vegetation in all subdivision and development planning applications to be implemented through a future Planning Scheme Amendment. 2. A report be prepared by officers and presented to the September Ordinary Council meeting, outlining the requirements, resources and timelines to implement the policy, and also what steps are to be taken to ensure appropriate interim measures are in place to assist with the consideration and assessment of existing and new planning permit applications for vegetation removal until a policy is established. 3. A further report be prepared by officers and presented to Council at a later day focused on the appropriate planning mechanisms available to respond to further potential environmental impacts of development such as climate change, canopy protection and community health. A vote resulted as follows: For: Against: Abstained: CR. D. ATKINSON CR. B. CHISHOLM CR. B. CORNISH CR. F. STEVENS CR. R. ELDRIDGE CR. A. GOBLE CR. B. HUMM CR. D. LOWE CR. R. SANDERSON

CARRIED

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11.2 NOTICE OF MOTION: NO. 987 - VICTORIAN COUNCILS - LOCAL GOVERNMENT REPRESENTATION NATIONAL CABINET Author: Councillor Bob Humm File No: GV/10/030 Attachments: Nil

I hereby give notice of my intention to move the following motion at the Ordinary Council Meeting to be held on 17 August 2020.

COUNCIL RESOLUTION MOVED: CR. B. HUMM SECONDED: CR. B. CHISHOLM

THAT Council:

1. Write to the relevant Federal and State Government Ministers, including the Department of the Prime Minister to request the Federal Government include Local Government representation, through the Australian Local Government Association, on the National Reform Council, as it currently exists with the Council of Australian Governments.

2. Support both the Australian Local Government Association and the Municipal Association of Victoria advocacy efforts on Council’s behalf to the Federal Government.

3. Write a letter of support to Cr John White, Mayor of East Gippsland Shire Council in advocating for Victorian Local Government representation on the National Cabinet, acknowledging actions 1 and 2.

CARRIED UNANIMOUSLY

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11.3 NOTICE OF MOTION: NO. 988 - TALLAROOK STREET SEYMOUR - UNDERGROUNDING OF POWERLINES Author: Councillor Rhonda Sanderson File No: CR/01/080 Attachments: Nil

I hereby give notice of my intention to move the following motion at the Ordinary Council Meeting to be held on 17 August 2020.

COUNCIL RESOLUTION MOVED: CR. R. SANDERSON SECONDED: CR. F. STEVENS

THAT Council officers prepare a report on any funding options available to underground the powerlines, or to move the powerlines, or to otherwise provide a solution to avoid the regular disfiguring pruning of the trees in Tallarook Street, Seymour. CARRIED UNANIMOUSLY

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12 DELEGATES REPORTS 12.1 DELEGATE REPORT - OVERVIEW AND UPDATE ON ACTIVITIES AND DELEGATE DELIBERATIONS Author: Lidia Harding - Manager Governance & Corporate Accountability File No: CL/04/001-03 Attachments: 1. Councillor Delegate Report

SUMMARY This delegate's report provides an update on activities and deliberations of groups and associations for which Councillors are an appointed delegate for the period July 2020 and also other activities attended as a Council representative.

COUNCIL RESOLUTION MOVED: CR. D. ATKINSON SECONDED: CR. A. GOBLE Atkinson/Goble THAT the Delegate's Report on Overview and Update on Activities and Delegate Deliberation by Councillors for July 2020 be received and noted.

CARRIED UNANIMOUSLY

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13 GENERAL BUSINESS

13.1 BROADFORD LAND MANAGEMENT GROUP

COUNCIL RESOLUTION MOVED: DEPUTY MAYOR. D. ATKINSON SECONDED: CR. B. HUMM

THAT Council writes a letter of letter of congratulations and thanks to the members of the Broadford Land Management Group who after 14 years held their last meeting on 12 August 2020. The Group have worked efficiently and effectively, always placing importance on the social networking component of any working bee meeting.

Over the 14 years they delivered important projects for the community including:

• Engaging with the local community through events publications and social media

• Advocating for the protection and enhancement and extension of environmental reserves an environmental asset throughout Broadford and the region.

• Holding regular monthly working bees where they were able to install notice boards, fencing, undertake revegetation and fuel management

• Community field days including annual wildflower walks, spotlighting tours and school excursions, nest box monitoring, litter removal (trailer loads especially in the first few years) ongoing weed control, flora and fauna surveys, tracks mapping and maintenance, development of a logo (tetratheca juncea), flyer and Facebook page. BLMG were also successful in obtaining government funding for works on Council reserves and made submissions to Council budgets, structure plans and developments etc and supported and drove the conservation covenant for the site. The group also built relationships with adjoining landholders including Broadford golf club and G.V.Water. The BLMG honoured the legacy of Dr Colin Officer and their legacy will continue to be of benefit to the Broadford community and of course the natural environment. It was a pleasure and honour to have been a part of this group. Our Shire is lucky to have people like this and l was proud to be the council delegate of this group.

CARRIED UNANIMOUSLY

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13.2 BLAZEAID

COUNCIL RESOLUTION MOVED: CR. A. GOBLE SECONDED: CR. D. ATKINSON

THAT officers prepare a letter of congratulations to Kevin and Rhonda Butler, founders of BlazeAid for being awarded the Commonwealth Points of Light 2020 Award from the Queen for leading recovery efforts on farms across the east coast of Australia after the summer’s bushfires.

The Commonwealth Points of Light awards celebrate inspirational acts of volunteering across the Commonwealth and aim to inspire others to make their own contribution to tackling some of the greatest social challenges of our time.

Kevin and Rhonda Butler founded BlazeAid after Victoria’s devastating Black Saturday bushfires in 2009, after which time they started rebuilding burnt fencing in their wool shed with a few dozen neighbours.

Ten years on, BlazeAid has helped more than 10,000 farmers, with about half of that in the last year alone.

While the charity focuses on rebuilding farmers’ fences after natural disaster to keep livestock in, which protects a farmer’s livelihood, it’s the comradery that comes with the work which makes a world of difference and supports mental health in the bush

CARRIED UNANIMOUSLY

13.3 FRONTLINE HEALTH WORKERS

COUNCIL RESOLUTION MOVED: CR. B. CHISHOLM SECONDED: CR. B. CORNISH

THAT Council writes a letter of support and thanks to local representative organisations of frontline health workers for their continued hard work and dedication in managing the COVID-19 outbreak. Further that although these letters are for local organisations, Council also wishes to acknowledge the similar hard work and dedication carried out by all health workers right across Australia, and also the world. We/they are all in this together.

CARRIED UNANIMOUSLY

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13.4 MARY AGOSTINO

COUNCIL RESOLUTION MOVED: CR. R. SANDERSON SECONDED: CR. D. ATKINSON THAT Council acknowledge the fantastic work Mary Agostino has undertaken as Mitchell Shire Council’s Acting/Interim CEO.

Ms Agostino readily ‘stepped up’ into the role when our CEO David Turnbull became ill 15 months ago and has fulfilled this significant leadership role during some unforeseen and challenging circumstances.

On behalf of the whole Mitchell Shire community, Council would like to sincerely thank Ms Agostino for her hard work and dedication to the role, and for calmly leading the organisation through these difficult times in the service of our community.

CARRIED UNANIMOUSLY

13.5 VALE MICHAEL HAMMOND

COUNCIL RESOLUTION MOVED: CR. B. CORNISH SECONDED: CR. B. HUMM

THAT Council write a letter of condolence to the Hammond family following the death of former Shire of Kilmore Councillor Michael Hammond. Michael was a Councillor with the Shire of Kilmore in the mid 1980’s until 1989 and then again for the Mitchell Shire from 2005 until 2008. He was never scared to rock the boat and was a very strong and passionate character of high intellect. He stormed out of a Council meeting in Kilmore one night slamming the door behind him and the clock fell off the wall. He was passionate about openness and transparency which some people had a problem with. His wife Wilma to this day is still involved in the community in Kilmore. CARRIED UNANIMOUSLY

MITCHELL SHIRE COUNCIL Page 60 ORDINARY COUNCIL MEETING MINUTES 17 AUGUST 2020

14 URGENT BUSINESS

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15 CONFIDENTIAL BUSINESS COUNCIL RESOLUTION MOVED: CR. D. ATKINSON SECONDED: CR. A. GOBLE THAT in accordance with Section 66(2) of the Local Government Act 2020, Council resolves to close the meeting to members of the public to consider the following items which relate to matters specified under Section 3(1), as specified below. 15.1 CONFIRMATION OF MINUTES OF PREVIOUS CONFIDENTIAL MEETING 15.2 CONSIDERATION OF COUNCIL OWNED LAND s3(1)(e ) Legal privileged information, being information to which legal professional privilege or client legal privilege applies. 15.3 PURCHASE OF LAND s3(1)(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released. 15.4 RE-OPENING OF MEETING TO MEMBERS OF THE PUBLIC

CARRIED UNANIMOUSLY

16 DATE OF NEXT MEETING The next Ordinary meeting of Council is scheduled to be held on Monday 21 September 2020 at the Mitchell Civic Centre, 113 High Street Broadford, commencing at 7:00pm.

17 CLOSE OF MEETING The meeting was declared closed at 8.49pm.

Confirmed this Monday, 21 September 2020

...... Chairperson Mayor, Cr David Lowe

MITCHELL SHIRE COUNCIL Page 61