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Special Meeting of Council Public Minutes HEPBURNConfirmed at the SHIRE Ordinary COUNCIL Meeting of Council held 20 April 2021 Chair, Cr Lesley Hewitt, Mayor HEPBURN SHIRE COUNCIL SPECIAL MEETING OF COUNCIL PUBLIC MINUTES Monday 29 March 2021 Daylesford Town Hall 76 Vincent Street Daylesford 6:00 PM A LIVE STREAM OF THE MEETING CAN BE VIEWED VIA COUNCIL’S FACEBOOK PAGE The meeting was conducted in person, but members of the public were not able to attend in person due to the COVID-19 Pandemic restrictions. HEPBURN SHIRE COUNCIL PO Box 21 Daylesford 3460 T: 03 5348 2306 [email protected] hepburn.vic.gov.au PUBLIC MINUTES SPECIAL MEETING OF COUNCIL MONDAY 29 MARCH 2021 MINUTES Monday 29 March 2021 Daylesford Town Hall 76 Vincent Street Daylesford Commencing at 6:00 PM TABLE OF CONTENTS 1 ACKNOWLEDGEMENT OF TRADITIONAL OWNERS...........................................................3 2 OPENING OF MEETING....................................................................................................3 3 APOLOGIES .....................................................................................................................3 4 DECLARATIONS OF CONFLICTS OF INTEREST....................................................................3 5 OFFICER REPORTS ...........................................................................................................4 5.1 C80 HEPBURN PLANNING SCHEME REVIEW ..............................................................4 6 CLOSE OF MEETING .....................................................................................................277 BRADLEY THOMAS INTERIM CHIEF EXECUTIVE OFFICER Monday 29 March 2021 PUBLIC MINUTES - SPECIAL MEETING OF COUNCIL - 29 MARCH 2021 2 1 ACKNOWLEDGEMENT OF TRADITIONAL OWNERS We would like to acknowledge we are meeting on Jaara people country, of which members and elders of the Dja Dja Wurrung community and their forebears have been custodians for many centuries. On this land, the Jaara people have performed age old ceremonies of celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region. 2 OPENING OF MEETING COUNCILLORS PRESENT: Cr Brian Hood, Cr Don Henderson, Cr Jen Bray, Cr Juliet Simpson, Cr Lesley Hewitt, Cr Tessa Halliday, Cr Tim Drylie OFFICERS PRESENT: Mr Bradley Thomas - Interim Chief Executive Officer, Mr Andrew Burgess - Acting Director Community and Corporate Services, Mr Bruce Lucas - Director Infrastructure and Development Services, Mr Chris Whyte – Manager Information and Communication Technology, Ms Krysten Forte - Manager Governance and Risk, Mr David George – Acting Manager Development and Community Safety, Mr Glenn Musto - Strategic Planner The meeting opened at 6:00pm. STATEMENT OF COMMITMENT “WE THE COUNCILLORS OF HEPBURN SHIRE DECLARE THAT WE WILL UNDERTAKE ON EVERY OCCASION TO CARRY OUT OUR DUTIES IN THE BEST INTERESTS OF THE COMMUNITY AND THAT OUR CONDUCT SHALL MAINTAIN THE STANDARDS OF THE CODE OF GOOD GOVERNANCE SO THAT WE MAY FAITHFULLY REPRESENT AND UPHOLD THE TRUST PLACED IN THIS COUNCIL BY THE PEOPLE OF HEPBURN SHIRE” 3 APOLOGIES Ms Bronwyn Southee, Manager Development and Community Safety. 4 DECLARATIONS OF CONFLICTS OF INTEREST Nil. PUBLIC MINUTES - SPECIAL MEETING OF COUNCIL - 29 MARCH 2021 3 5 OFFICER REPORTS 5.1 C80 HEPBURN PLANNING SCHEME REVIEW DIRECTOR INFRASTRUCTURE AND DEVELOPMENT SERVICES In providing this advice to Council as the Strategic Planner, I Glenn Musto have no interests to disclose in this report. ATTACHMENTS 1. Panel Recommendations and Council Response C80Hepb [5.1.1 - 8 pages] 2. Post Panel Changes to Amendment Ordinance and Maps - tracked changes [5.1.2 - 83 pages] 3. Post Panel Changes to Amendment Ordinance and Maps - Clean [5.1.3 - 82 pages] 4. Planning Panels Report Amnt C80Hepb [5.1.4 - 87 pages] EXECUTIVE SUMMARY The purpose of this report is to consider the Planning Panels Victoria (Independent Panel) recommendations (Attachment 4) with respect to Planning Scheme Amendment C80Hepb (Amendment C80), otherwise known as the Planning Scheme Review, to determine a response to these recommendations, to make changes to the amendment documentation in accordance with these recommendations, and to recommend the amendment be submitted to the Minister for Planning for approval. Planning Panels Victoria has submitted a response to Planning Scheme Amendment C80Hepb which included nineteen recommendations. Of the nineteen recommendations, the officer recommendation is that eleven of them are accepted as proposed. The report provides discussion and officer recommendation on the remaining eight recommendations for Council consideration to progress the Amendment. OFFICER’S RECOMMENDATION That Council: 1. Approves the response to the Independent Panel’s recommendations for Amendment C80help as outlined in Attachment 1; 2. Adopts Planning Scheme Amendment C80hepb as exhibited with changes outlined in Attachment 2; 3. Submits the adopted Amendment to the Minister for Planning for approval; and, 4. Arranges a community information and consultation session to explain the outcomes of Amendment C80hepb and the Shires upcoming strategic planning work program. PUBLIC MINUTES - SPECIAL MEETING OF COUNCIL - 29 MARCH 2021 4 MOTION That Council: 1. Approves the response to the Independent Panel’s recommendations for Amendment C80hepb as outlined in Attachment 1; with the wording change to Recommendation 15 that Council accept the Independent Panel recommendation but not limit the requirement for a permit to native vegetation; 2. Adopts Planning Scheme Amendment C80hepb as exhibited with changes outlined in Attachment 2; and Insert at the end of the schedule to clause 74.02 – Further strategic work of the planning scheme document the following wording ‘Undertake a review of the mineral springs and aquifers throughout the Shire to ensure their appropriate environmental and heritage protection’; 3. Submits the adopted Amendment to the Minister for Planning for approval; 4. Arranges a community information and consultation session to explain the outcomes of Amendment C80hepb and the Shire's upcoming strategic planning work program; and 5. Requests Officers to prepare a report to Council that outlines the scope and priorities of the Strategic Planning Works Program, including settlement strategies, structure plans, heritage and environmental studies, and that the report is to be tabled in such time that allows for resourcing and funding needs to be considered in the preparation of the 2021/2022 Council budget. Moved: Cr Jen Bray Seconded: Cr Tessa Halliday Carried BACKGROUND Key dates: 2019: Hepburn Planning Scheme was comprehensively reviewed and audited, including significant community consultation. 18 February 2020: Council adopted the Hepburn Planning Scheme Review and authorised officers to draft a revised and updated planning scheme to be exhibited. These updates involved significant consultation with Department of Environment Land Water and Planning (DELWP) and the community. 16 June 2020: Council resolved to seek authorisation to place Amendment C80hepb on exhibition from the Minister for Planning and following authorisation, commence exhibition for a period of six weeks. PUBLIC MINUTES - SPECIAL MEETING OF COUNCIL - 29 MARCH 2021 5 6 July 2020: Authorisation to exhibit the amendment was granted by DELWP for a period of 6 weeks. Exhibition included mailing 5,268 letters, 9,953 A3 sized flyers, significant signage in prominent areas and five online information sessions. 28 August 2020: 276 submissions were received. 15 September 2020: Council considered all submissions received to Amendment C80hepb and resolved to refer all submissions to the Independent Panel for consideration and to make recommendations with respect to the Amendment. October/November 2020: The Independent Panel hearing took place, with numerous presentations from submitters considered as well as an opening and closing presentation from Council’s representative. February 2021: The Independent Panel’s recommendation was received. March 2021: Council officers have considered the Independent Panel’s report and recommendations and prepared a proposed response (Attachment 1) In summary, Amendment C80 is a comprehensive review of Hepburn Planning Scheme, highly praised by the Independent Panel, that provides elite policy neutral translation into the DELWP standards for a modern Planning Scheme, exceptional urban planning considerations that guide development and land use planning, and establishes a robust strategic planning framework to enhance outcomes for future development, land use planning and appropriate environmental protection. KEY ISSUES Of the nineteen Independent Panel recommendations, it is recommended that eleven of them are accepted as proposed. Following is a discussion and officer recommendation on the remaining eight recommendations. Recommendation 2 The Independent Panel has recommended Council review the list of strategic work and re-prioritise the list according to a logical sequence. The Independent Panel has determined that a logical sequence involves focusing on the delivery of a Shire wide strategic report – which has been termed a municipal settlement strategy, as well as resolving the issue of land currently constrained by undelivered restructure plans (Sailors Falls and Drummond North). Discussion: The list of strategic work has not been questioned, simply the priority of delivery and the overarching nomenclature. A Shire wide Hepburn Settlement Strategy (HSS) will need to be informed by a series
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