MINUTES OF THE ORDINARY MEETING OF COUNCIL
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MINUTES
OF THE ORDINARY MEETING OF COUNCIL
HELD ON
TUESDAY 19 MARCH 2019
COMMENCING AT 6.30 PM IN THE
COUNCIL CHAMBER,
MOUNT ALEXANDER SHIRE CIVIC CENTRE
CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 1 of 64
TABLE OF CONTENTS
1. PRESENT 4
2. APOLOGIES 4
3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4
4. MINUTES 4
4.1. ORDINARY MEETING OF COUNCIL – 19 FEBRUARY 2019 4
5. PUBLIC QUESTION TIME 6
6. PETITIONS AND JOINT LETTERS 7
7. COMMITTEE REPORTS 7
8. ASSEMBLIES OF COUNCILLORS 8
9. OFFICER REPORTS 18
9.1. OUR PEOPLE (PEO) 18
PEO 02 ANNUAL PLAN 2018/2019 – QUARTER 2 PROGRESS REPORT 18
9.2. OUR PLACE (PLA) 20
NO REPORTS 20
9.3. OUR ECONOMY (ECO) 21
ECO 01 PLANNING PERMIT APPLICATION 325/2018 – DEVELOPMENT AND
USE OF A DWELLING AT 252 WHITE QUARTZ ROAD,
FRYERSTOWN 21
ECO 02 PLANNING PERMIT APPLICATION PA159/2018 – EXTEND THE RED
LINE PLAN AND INCREASE THE CAPACITY OF PATRONS FROM
100 TO 150 UNDER THE LIQUOR LICENCE 31901348 ON LOT 1
PS534611 21-23 WALKER STREET CASTLEMAINE. 30
ECO 03 PROPOSED REFERRAL OF SOLAR FARM PLANNING PERMIT
APPLICATION TO THE MINISTER FOR PLANNING 41
ECO 04 QUARTERLY FINANCIAL MANAGEMENT REPORT TO 31
DECEMBER 2018 48
ECO 05 AWARDING OF CONTRACT M1425-2018 FOR PROVISION OF
INNOVATIVE DOMESTIC ANIMAL POUND SERVICES FOR THE
PERIOD 1 APRIL 2019 TO 30 JUNE 2022 50
10. DELEGATES REPORTS 56
11. NOTICE OF MOTION 59
11.1. NOTICE OF MOTION 2019/001 – DUCK HUNTING BAN AT CAIRN CURRAN
RESERVOIR 59
11.2. NOTICE OF MOTION 2019/002 – WASTE MANAGEMENT 60
11.3. NOTICE OF MOTION 2019/003 – UPDATING FLYING OF FLAGS POLICY 63
12. URGENT SPECIAL BUSINESS 64
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 2 of 64
13. MEETING CLOSE 64
SEPARATE ATTACHMENTS:
Separate Attachment PEO 02A: Annual Plan 2018_2019 Quarter 2 Progress Report.
Separate Attachment ECO 01B: PA 325_2018 - Application Plans.
Separate Attachment ECO 04A: Quarterly Financial Management Report to 31 December 2018.
Confidential Attachment ECO 05A: Tender Evaluation Report, M1425 - 2018 - Provision of Innovative Domestic
Animal Pound Services from 1 April 2019 to 30 June 2022.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 3 of 64
ACKNOWLEDGEMENT OF COUNTRY
To start the official proceedings
I would like to acknowledge that we are meeting on Jaara country
of which the members and elders of the Jaara Jaara community and their
forebears have been custodians for many centuries
and 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.
Council meetings are audio and video recorded and
are made available to the public via electronic media including YouTube.
1. PRESENT
Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser, Bronwen
Machin and Dave Petrusma.
Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and
Community Services (Lisa Knight), Director Infrastructure and
Development (Phil Josipovic) and Principal Governance Officer (John
Taylor).
2. APOLOGIES
Councillor John Nieman.
MOVED COUNCILLOR HENDERSON
That Mayor Machin be granted a leave of absence from the Ordinary Meeting of
Council 16 April 2019, with Deputy Mayor Tony Cordy to be the Acting
Chairperson for that meeting as per Council’s resolution at the Special Meeting of
Council 20 November 2018 and Section 73 of the Local Government Act 1989.
SECONDED COUNCILLOR CORDY
CARRIED.
3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST
Nil.
4. MINUTES
4.1. ORDINARY MEETING OF COUNCIL – 19 FEBRUARY 2019
The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council
held at 6.30 pm on 19 February 2019 at the Mount Alexander Shire Civic Centre have
been circulated to Councillors.
The unconfirmed minutes have also been posted on the Mount Alexander Shire Council
website, pending confirmation at this meeting.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 4 of 64RECOMMENDATION
That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council
held on 19 February 2019 be confirmed.
MOVED COUNCILLOR LESSER
That the recommendation be adopted.
SECONDED COUNCILLOR CORDY
CARRIED.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 5 of 645. PUBLIC QUESTION TIME
MOVED COUNCILLOR PETRUSMA
That standing orders be suspended at 6.36 pm.
SECONDED COUNCILLOR HENDERSON
CARRIED.
a. Peter Smith
Mr Smith spoke in relation to his objection to Planning Permit Application
PA159/2018, Item ECO 02 of this Agenda.
b. Ms Joyce Sanders.
Ms Sanders asked for Council’s thoughts on the Castlemaine streetscape, in
particular repairs to shop verandah. She also raised concerns in relation dogs sitting
on public seats and people smoking in the street outside the chemist in Barkers
Street in Castlemaine.
• The Director Infrastructure and Development advised that he would take the
question on notice and respond direct to Ms Sanders.
c. Mr David Holmgren.
Mr Holmgren spoke in relation to his objection to Planning Permit Application
PA325/2018, Item ECO 01 of this Agenda.
d. Ms Tamsin Whaley.
Ms Whaley spoke in relation to her objection to Planning Permit Application
PA325/2018, Item ECO 01 of this Agenda.
e. Ms Su Dennett.
Ms Dennett spoke in relation to her objection to Planning Permit Application
PA325/2018, Item ECO 01 of this Agenda.
MOVED COUNCILLOR PETRUSMA
That Public Question Time be extended until 7.15 pm.
SECONDED COUNCILLOR GARDNER
CARRIED.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 6 of 64f. Mr Henk Kelly Kobes.
Mr Kelly Kobes spoke in relation to his Planning Permit Application PA325/2018,
Item ECO 01 of this Agenda.
g. Mr Patrick Furze.
Mr Furze spoke in relation to his application for Planning Permit PA159/2018, Item
ECO 02 of this Agenda.
MOVED COUNCILLOR HENDERSON
That Public Question Time be extended until 7.25 pm.
SECONDED COUNCILLOR LESSER
CARRIED.
h. Mr Peter Baker.
Mr Baker spoke in relation to his objection the solar farm Planning Permit
Application, Item ECO 03 of this Agenda.
MOVED COUNCILLOR LESSER
That standing orders be resumed at 7.17 pm.
SECONDED COUNCILLOR CORDY
CARRIED.
6. PETITIONS AND JOINT LETTERS
Nil.
7. COMMITTEE REPORTS
Nil.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 7 of 648. ASSEMBLIES OF COUNCILLORS
Responsible Director: Chief Executive Officer
Responsible Officer: Principal Governance Officer
Executive Summary
The purpose of this report is to provide the record of any assemblies of Councillors, held
since the last Council Meeting, so they may be incorporated into the Minutes as required
under the Local Government Act 1989 (the Act).
The Act defines an assembly of councillors as a meeting of an advisory committee of the
Council, if at least one Councillor is present, or a planned or scheduled meeting of at
least half of the Councillors and one member of Council staff which considers matters
that are intended or likely to be:
• The subject of a decision of the Council; or
• Subject to the exercise of a function, duty or power of the Council that has been
delegated to a person or committee.
The definition does not include a meeting of the Council, a special committee of the
Council, an audit committee established under section 139, a club, association, peak
body, political party or other organisation.
The Act requires that the CEO must ensure that a written record of an assembly of
councillors is kept and that it include:
1. The names of all Councillors and members of Council staff attending;
2. The matters considered;
3. Any conflict of interest disclosures made by a Councillor attending; and
4. Whether a Councillor who has disclosed a conflict of interest leaves the assembly.
The Chief Executive Officer must ensure that the written record of an assembly of
Councillors is, as soon as practicable:
1. Reported at an ordinary meeting of the Council; and
2. Incorporated in the minutes of that Council meeting.
RECOMMENDATION
That Council notes the records for the Assemblies of Councillors, as required
under the Local Government Act 1989.
MOVED COUNCILLOR LESSER
That the recommendation be adopted, with the Record of Assembly of Councillors
on 5 March 2019 to be amended to note that Greenlight software was not
discussed.
SECONDED COUNCILLOR HENDERSON
CARRIED.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 8 of 64ASSEMBLY OF COUNCILLORS RECORD
COUNCILLOR BRIEFING SESSION
ASSEMBLY DETAILS
Date: 12 February 2019
Time 2.00 pm to 5.54 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy, Stephen Gardner, Christine Henderson (arrived 2.53 pm),
Max Lesser, Bronwen Machin, John Nieman and Dave Petrusma (arrived
2.50 pm).
Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and
Community Services (Lisa Knight), Director Infrastructure and
Development (Phil Josipovic), Principal Governance Officer (John Taylor),
Manager Community Wellbeing (Kevin Pittman, Item 5.1), Manager
Community Places and Spaces (Ben Grounds, Item 5.3 and 5.4), Property
Portfolio Coordinator (Lynne Williamson, Item 5.3), Manager Development
Services (Shannon Meadows), Coordinator Statutory Planning, (Louise
Johnston Item 5.6) and Manager Economy and Culture (David Leathem,
Item 5.6).
Visitors: Ms Lorraine Le Plastrier, Committee Member, Mount Alexander Shire
Disability Advocacy Group.
Cathy Wheel, Committee Member, Mount Alexander Shire Disability
Advocacy Group.
Paul Gianni, Committee Member, Mount Alexander Shire Disability
Advocacy Group.
Apologies: Nil.
MATTERS DISCUSSED
1. Access & Inclusion Community Survey 2018.
2. Aged Care and Mental Health Royal Commissions (Verbal Report).
3. Formalise Management of Crown Land at Stanley Park, Harcourt Including Change of
Reservation of Crown Land, Appoint Council as Committee Of Management, Road
Closure and Road Creation.
4. Dog Park Update (Verbal Report).
5. Baringhup Solar Farm (Verbal Update).
6. Use of Hargraves Street Parking Spaces – 2019 Castlemaine State Festival (Verbal
Update).
7. Camp Reserve.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 9 of 648. Verandah outside Stoneman’s Book Room.
9. Air B&B.
10. Palm Sunday.
11. Councillor Visit to Primary School.
12. Proposed Carpark Extension at Expedition Pass (Golden Point Reservoir).
13. Bendigo Hospital Appeal.
14. Strategy for Sports Reserves.
15. Live Recording of Next Ordinary Meeting of Council.
16. Coffee Vending.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
N/A N/A N/A
ASSEMBLY OF COUNCILLORS RECORD
COUNCILLOR AND CEO ONLY DISCUSSIONS
ASSEMBLY DETAILS
Date: 12 February 2019
Time 5.54 pm to 6.55 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser,
Bronwen Machin, John Nieman and Dave Petrusma.
Officers: Chief Executive Officer (Darren Fuzzard)
Visitors: Nil.
Apologies: Nil.
MATTERS DISCUSSED
1. Deputy Mayor Role.
2. Mayors’ and CEOs’ Meeting with Minister for Local Government.
3. MAV Elections.
4. Managing Actions arising from Meetings and Briefings.
5. Bendigo Health Foundation.
6. Loddon Campaspe Mayors’ and CEOs’ forum.
7. HR matters.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 10 of 648. Campbells Creek Recreation Reserve.
9. Councillor People, Education, Government (PEG) initiative.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
N/A N/A N/A
ASSEMBLY OF COUNCILLORS RECORD
COUNCILLOR AND OFFICER DISCUSSIONS
ASSEMBLY DETAILS
Date: 19 February 2019
Time 5.15 pm to 5.30 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser,
Bronwen Machin, John Nieman, Dave Petrusma (Arrived 5.20 pm).
Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and
Community Services (Lisa Knight), Director Infrastructure and
Development (Phil Josipovic), Principal Governance Officer (John Taylor),
Manager Community Places and Spaces (Ben Grounds).
Visitors: Nil.
Apologies: Nil.
MATTERS DISCUSSED
1. Campbells Creek Recreation Reserve Special Committee of Management.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
N/A N/A N/A
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 11 of 64ASSEMBLY OF COUNCILLORS RECORD
COUNCIL MEETING BRIEFING
ASSEMBLY DETAILS
Date: 19 February 2019
Time 5.30 pm to 6.15 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser,
Bronwen Machin, John Nieman, Dave Petrusma.
Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and
Community Services (Lisa Knight), Director Infrastructure and
Development (Phil Josipovic), Principal Governance Officer (John Taylor).
Visitors: Nil.
Apologies: Nil.
MATTERS DISCUSSED
1. Appointments to Special Committees of Council – Camp Reserve, Campbells Creek
Recreation Reserve, Elphinstone Community Facilities, Guildford Hall, Guildford
Recreation Reserve, John Powell Reserve, Maldon Community Centre, Metcalfe Hall,
Muckleford Community Centre, Sutton Grange Hall and Taradale Hall.
2. Formalise Management of Crown Land at Stanley Park, Harcourt Including Change of
Reservation of Crown Land, Appoint Council as Committee of Management, Road
Discontinuation and Road Creation.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
1 Councillor Christine Henderson, direct conflict of interest No, on advice from
by close association. Principal Governance
Officer.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 12 of 64ASSEMBLY OF COUNCILLORS RECORD
COUNCILLOR BRIEFING SESSION
ASSEMBLY DETAILS
Date: 26 February 2019
Time 2.00 pm to 6.45 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser,
Bronwen Machin, John Nieman, Dave Petrusma.
Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and
Community Services (Lisa Knight), Director Infrastructure and
Development (Phil Josipovic), Principal Governance Officer (John Taylor),
Acting Executive Manager Business Performance (Carolyn Ross, Items
5.2 - 5.4), Procurement Coordinator (Andrea O'Grady, Item 5.4), Executive
Manager Infrastructure (Tanya Goddard, Items 5.5 and 5.6), Engineering
Coordinator (Daniel Riley, Items 5.5 and 5.6), Active Communities Team
Leader (Jacquie Phiddian, Item 5.7), Active Communities Officer (Edwina
Reid, Item 5.7), Grants Coordinator (Karen Evennett, Items 5.7 and 5.8).
Visitors: Nil.
Apologies: Nil.
MATTERS DISCUSSED
1. Deputation – Mr Max Lesser regarding Councillor Peg Initiative.
2. Annual Plan 2018/2019 Progress Report – Quarter 2.
3. Quarterly Financial Management Report to 31 December 2018.
4. Contracts within Chief Executive Officer Delegation.
5. Civil and Infrastructure Capital Works Selection Process.
6. Prioritisation and Proposed Construction Methods of Gravel Roads.
7. Victory Park Play Space Budget Review.
8. Grants Update and Approval Process.
9. Wednesday Councillor Briefing Sessions.
10. Waste Water Issues.
11. World Heritage Listing Bid.
12. Retirement Villages.
13. Elm Trees on Gingell Street, Castlemaine.
14. Possibility of a Cat Curfew.
15. Aging Native Trees.
16. Roadside Rubbish Removal.
17. Mia Mia Track Planning Proposal.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 13 of 6418. Councillors Providing References.
19. Scheduled Maintenance ON Regional Roads.
20. DCCS Update.
21. DID Update.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
1 Councillor Lesser declared a direct conflict with Item 5.1, Yes
due to being the facilitator of the initiative.
Time left - 2.35 pm.
Time returned – 2.40
pm.
ASSEMBLY OF COUNCILLORS RECORD
COUNCILLOR AND CEO ONLY DISCUSSION
ASSEMBLY DETAILS
Date: 26 February 2019
Time 6.45 pm to 7.10 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy, Stephen Gardner, Christine Henderson, Max Lesser,
Bronwen Machin, John Nieman, Dave Petrusma.
Officers: Chief Executive Officer (Darren Fuzzard).
Visitors: Nil.
Apologies: Nil.
MATTERS DISCUSSED
1. Winky Pop.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
N/A N/A N/A
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 14 of 64ASSEMBLY OF COUNCILLORS RECORD
BUDGET BRIEFING – KEY BUDGET PRINCIPLES
ASSEMBLY DETAILS
Date: 5 March 2019
Time 11.00 am to 1.05 pm, 1.25 pm to 3.10 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy (arrived 1.56 pm) Christine Henderson, Max Lesser, Bronwen
Machin, John Nieman, Dave Petrusma.
Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and
Community Services (Lisa Knight), Director Infrastructure and
Development (Phil Josipovic), Acting Executive Manager Business
Performance (Carolyn Ross), Principal Governance Officer (John Taylor)
Visitors: Nil.
Apologies: Councillor Stephen Gardner.
MATTERS DISCUSSED
1. Key budget principles.
2. Rates income.
3. Equity and service delivery.
4. Community loans concept in future.
5. Possible changes to base budget.
6. Statutory responsibilities.
7. Councillor initiatives.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
N/A N/A N/A
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 15 of 64ASSEMBLY OF COUNCILLORS RECORD
COUNCILLOR BRIEFING SESSION
ASSEMBLY DETAILS
Date: 5 March 2019
Time 3.10 pm – 5.10 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy, Christine Henderson, Max Lesser, Bronwen Machin, John
Nieman, Dave Petrusma.
Officers: Chief Executive Officer (Darren Fuzzard), Director Corporate and
Community Services (Lisa Knight), Director Infrastructure and
Development (Phil Josipovic), Principal Governance Officer (John Taylor),
Manager Development Services (Shannon Meadows, Items 5.2-5.4), Fast
Track Town Planner (Daniel Spark Item 5.2) and Coordinator Community
Safety and Amenity (Jeffry Amy, Items 5.3-5.4).
Visitors: Nil.
Apologies: Councillor Stephen Gardner.
MATTERS DISCUSSED
1. Greenlight Overview (verbal update).
2. Planning Permit Application 325/2018 – Development and Use of a Dwelling at 252
White Quartz Road, Fryerstown.
3. Planning Permit Application 159/2018 – Extend the Red Line Plan and Increase the
Capacity of Patrons from 100 to 150 under the Liquor Licence 31901348 on Lot 1
Ps534611 21-23 Walker Street Castlemaine.
4. Awarding of Contract M1425-2018 for Provision of Innovative Domestic Animal Pound
Services for the Period 1 April 2019 to 30 June 2022.
5. Ordinary Meeting of Council on YouTube.
6. Manager Community Places and Spaces.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
N/A N/A N/A
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 16 of 64ASSEMBLY OF COUNCILLORS RECORD
CEO AND COUNCILLOR ONLY DISCUSSION
ASSEMBLY DETAILS
Date: 5 March 2019
Time 5.10 pm – 5.30 pm
Location Council Chamber, Civic Centre, Cnr Lloyd and Lyttleton Streets,
Castlemaine
ATTENDANCE
Councillors: Tony Cordy, Christine Henderson, Max Lesser, Bronwen Machin, John
Nieman, Dave Petrusma.
Officers: Chief Executive Officer (Darren Fuzzard).
Visitors: Nil.
Apologies: Councillor Stephen Gardner.
MATTERS DISCUSSED
1. HR Matters.
2. Councillor availability.
3. Feedback on briefing.
CONFLICT OF INTEREST DISCLOSURES
Matter Councillor / Officer name and description of interest Councillor / Officer
No. left the meeting
N/A N/A N/A
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 17 of 649. OFFICER REPORTS
9.1. OUR PEOPLE (PEO)
PEO 02 ANNUAL PLAN 2018/2019 – QUARTER 2 PROGRESS REPORT
Responsible Director: Director Corporate and Community Services
Responsible Officer: Acting Executive Manager Business Performance
Original Document: DOC/19/3493
Executive Summary
The Annual Plan 2018/2019 - Quarter 2 Progress Report provides Council and the
community with an update on the progress of projects included in the Annual Plan for the
period ended 31 December 2018.
RECOMMENDATION
That Council note the Annual Plan 2018/2019 - Quarter 2 Progress Report for the
period ended 31 December 2018.
MOVED COUNCILLOR HENDERSON
That the recommendation be adopted.
SECONDED COUNCILLOR CORDY
CARRIED.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 18 of 64Context
The Annual Plan outlines the actions for 2018/2019 that will be implemented as priorities
from the Council Plan 2017-2021. It was adopted by Council at its Ordinary Meeting on
17 July 2018.
The Annual Plan Progress Report is prepared on a quarterly basis to inform the
Councillors and the community on progress against the Annual Plan actions.
Refer to:
Separate Attachment PEO 02: Annual Plan 2018/2019 - Quarter 2 Progress Report.
Policy and Statutory Implications
Council has adopted a Council Plan for 2017-2021 and Budget 2018/2019 in accordance
with the Local Government Act 1989 (the Act).
The Annual Plan is prepared each year and progress in delivering projects is reported to
Councillors and the community each quarter in accordance with the Act.
Issues
The Annual Plan 2018/2019 - Quarter 2 Progress Report provides an update on the
progress of actions for the period ended 31 December 2018.
It also contains an update on the remaining actions from prior years that were not fully
completed and therefore carried-forward.
Alternate Options
Nil.
Financial and Resource Implications
Projects and initiatives contained in the Annual Plan are fully funded in the Budget
2018/2019. The majority of projects are contained within the Capital Works Program or
funded as a one-off initiative. A number of programs are also funded from the Operating
Budget.
Consultation
Individual projects within the Annual Plan involve community consultation or consultation
with relevant stakeholders.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 19 of 649.2. OUR PLACE (PLA)
NO REPORTS
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 20 of 649.3. OUR ECONOMY (ECO)
ECO 01 PLANNING PERMIT APPLICATION 325/2018 – DEVELOPMENT AND
USE OF A DWELLING AT 252 WHITE QUARTZ ROAD, FRYERSTOWN
Responsible Director: Director Infrastructure and Development
Responsible Officer: Manager Development Services
Original Document: DOC/18/51445
Executive Summary
Council has received an application for the development and use of dwelling. The
subject site is located in the Farming Zone and is covered by the Bushfire Management
Overlay.
Eight objections have been received. Issues raised include the potential conflict with
Fryer Forest Owners Corporation, the dwelling not being located within the approved
building envelope (Planning Permit 356, issued in 1997) and inconsistencies with the
submitted plans and descriptions of Lot 1.
The application has been assessed against the decision guidelines of the Farming Zone
and the Bushfire Management Overlays. The application is considered an appropriate
development at this location. It is recommended that the application be approved with
conditions.
RECOMMENDATION
That Council issue a Notice of Decision to Grant a Planning Permit for the Use and
Development of a dwelling at 252 White Quartz Road, Fryerstown on the following
grounds:
1. LAYOUT NOT ALTERED
1.1. The use and development as shown on the endorsed plans must not be
altered without the written consent of the Responsible Authority.
2. CFA MANDATORY CONDITION BUILDING AND WORKS
2.1. The bushfire mitigation measures forming part of this permit or shown on
the endorsed plans, including those relating to construction standards,
defendable space, water supply and access, must be maintained to the
satisfaction of the responsible authority on a continuing basis. This
condition continues to have force and effect after the development
authorised by this permit has been completed.
3. BUSHFIRE MANAGEMENT PLAN
3.1. The Bushfire Management Plan Revision C Figure 11 included the Bushfire
Management Statement (Reference no. 17.335) prepared by Regional
Planning and Design dated 25/06/2018 must be endorsed to form part of the
permit and must not be altered unless otherwise agreed in writing by the
CFA and the Responsible Authority.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 21 of 644. GOULBURN MURRAY WATER
4.1. All construction and ongoing activities must be in accordance with sediment
control principles outlined in ‘Construction Techniques for Sediment
Pollution Control’ (EPA, 1991).
4.2. All wastewater from the dwelling must be treated to a standard of at least
20mg/L BOD and 30mg/L suspended solids using a package treatment plant
or equivalent. The system must have a certificate of conformity issued by the
Conformity Assessment Body (or equivalent approval) and be installed,
operated and maintained in accordance with the relevant Australian
Standard and EPA Code of Practice.
4.3. All wastewater must be applied to land via pressure-compensating sub-
surface irrigation installed along the contour.
4.4. The wastewater disposal area must be located in accordance with Table 5 of
the EPA Code of Practice – Onsite Wastewater Management, Publication
891.4, July 2016, from any waterways, drainage lines, dams or bores.
4.5. The wastewater disposal area must be kept free of stock, buildings,
driveways and service trenching and must be planted with appropriate
vegetation to maximise its performance. Stormwater must be diverted away.
A reserve wastewater disposal field must be provided for use in the event
that the primary field requires resting or has failed.
4.6. The existing composting toilet facility must be decommissioned once the
new wastewater management system is installed and operational.
4.7. The shed must not contain bedrooms (or rooms that could be used as
bedrooms) or any facilities with the potential to produce wastewater,
including toilets, kitchens or other food preparation facilities.
5. ENVIRONMENTAL HEALTH
5.1. The owner/applicant will be required to install an on-site waste water
treatment system that is an Environment Protection Authority (EPA)
approved system capable of treating effluent to a 20/30 standard. All works
and maintenance must be in accordance with the EPA’s current edition of
the Code of Practice – Onsite wastewater management and the Australia
New Zealand Standard AS/NZS 1547:2012 – On-site wastewater management.
5.2. Prior to any development the applicant shall apply for a Permit to Install a
Septic Tank in accordance with Part IXB of the Environment Protection Act
1970.
6. ENGINEERING PLANS
6.1. Prior to commencement of any construction works associated with the
development, detailed access, Road & drainage construction plans must be
submitted to and approved by the Responsible Authority. When approved,
the plans will be endorsed and form part of the permit. The engineering
plans must accord with the Infrastructure Design Manual. All works
constructed or carried out must be in accordance with those approved plans
and completed to a standard satisfactory to the Responsible Authority.
7. DRAINAGE
7.1. Drainage
7.2. The whole of the subject land, including landscaped and paved areas, must
be graded and drained to the satisfaction of the council as the responsible
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 22 of 64drainage authority so as to prevent the discharge of water from the subject
land across any road or onto any adjoining land.
7.3. Provide cut off drains or similar to protect adjoining properties from
overland storm water flow. Provision is to be made to divert major rainfall (1
in 100 year) storm events away from the building envelope of the proposed
dwelling.
7.4. Prior to the design of any internal drainage system the owner/applicant must
submit a Property Information Request and be issued a Legal Point of
Discharge Permit to discharge stormwater, unless a permit has already been
obtained.
8. EXPIRY
This permit will expire if the permitted development is not started within two
years of the date of this permit,
• Or is not completed within four years of that date,
• Or the permitted use is not started within two years of the completion of
the development,
• Or is discontinued for a period of two years.
The responsible authority may extend these periods if a request is made in
writing before the permit expires, or:
• Within six months afterwards if the development has not been started, or
the development is complete but the use has not started, or the use has
been discontinued for a period of two years.
• Within twelve months afterwards if the development started lawfully
before the permit expired.
Permit Note:
The subject property is located within an area of Cultural Heritage Sensitivity.
Should the activity associated with proposed development require a Cultural
Heritage Management Plan (CHMP), planning permits, licences and work
authorities cannot be issued unless a CHMP has been approved for the activity.
MOVED COUNCILLOR HENDERSON
That the recommendation be adopted.
MOTION LAPSED
NOT CARRIED.
MOVED COUNCILLOR HENDERSON
That matter be deferred to a future Ordinary Meeting of Council, to allow Council
officers to make further enquiries on issues raised.
SECONDED COUNCILLOR LESSER
CARRIED.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 23 of 64Context
The purpose of this report is to enable Council to determine Planning Application
325/2018 for the development and use of a dwelling at 252 White Quartz Road
Fryerstown.
The application has been referred to Council for determination because there is
outstanding objections to the application.
Refer to:
Attachment ECO 01A: PA325/2018 - Context and site aerial.
Separate Attachment ECO 01B: PA325/2018 - Application plans.
The application was lodged on 16 November 2018.
The land is located within the area of Fryerstown known as Fryers Forest, on land that
was subdivided and created in 1997 through Planning Permit 356 issued 2 June 1997.
Planning Permit 356 allowed a 12 lot subdivision and the development of dwellings
within each of the lots, excluding the common property. Each of the titles to the land
have been created, however, some of the lots within the site have not been developed.
Whilst the permit issued in 1997 intended to allow each of the lots to be developed with
a dwelling and ancillary outbuildings, the development component of this permit has
since expired, hence the need for a new planning application.
The subject land is an irregular shape and has a total area of approximately 4099 square
metres. The land currently contains two sheds with sporadic forest vegetation. The lot
abuts common property as part of the onsite Owners Corporation Development establish
in 1997.
The surrounding land comprises of similar sized lots used for rural residential living
compromising the development of Fryers Forest.
The application proposes to convert an existing shed for the use of a dwelling. The
dwelling dimensions are 14.475 metres x 7.5 metres over two storeys, constructed from
galvanised steel, a combination of timber trims and galvanised roof. The building would
be located 5.8 metres from the western boundary and approximately 24.55 metres from
White Quartz Road. The use of the existing shed is for the purpose of a dwelling.
The existing building where the dwelling is proposed, was originally built as a shed
approved as part of the original planning permit which allowed the subdivision and the
development and use of a dwelling on each lot of the land in 1997. It came to Council’s
attention through building compliance in 2017, that the shed was being used as a
dwelling. Access to the site is via the existing access on the White Quartz Road.
Policy and Statutory Implications
Planning Policy Framework (SPPF)
Clause 13.02 Bushfire
The objective if this clause is to give priority to the protection of human life by prioritising
the protection of human life over all other policy considerations.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 24 of 64Clause 14.01-1 Protection of Agricultural Land
The objective of this clause is to protect productive farmland which is of strategic
significance in the local or regional context. The development of a store within
agricultural land should not detract from the long–term productive capacity of the land.
Clause 14.02-1 Catchment Planning and Management
The objective of this clause is to assist the protection and, where possible, restoration of
catchments, waterways, water bodies, groundwater, and the marine environment.
Clause 16.01-5 Rural Residential Development
Planning should manage development in rural areas to protect agriculture and avoid
inappropriate rural residential development.
Local Planning Policy Framework (LPPF)
Clause 21.05-5 Bushfire
Policy within this clause recognises the need to manage bushfire risks on small sites that
have limited potential to accommodate, and discourage developments that do not
respond appropriately to bushfire risk, having regard to the advice of the Country Fire
Authority.
Clause 21.06-1 Protection of agricultural land
Policy within this clause recognises the prominent role that agriculture plays in the Shire.
This policy identifies the broad agricultural quality of land within the Shire, rated on a
state wide basis.
Clause 21.06-3 Water
This clause aims to protect and improve water quality and quantity in the Shire. The
policy recognises the poor condition of water catchments, including open potable water
catchment areas, which cover much of the Shire and outline strategies to address
identified issues.
Zoning
Clause 35.07 Farming Zone (FZ)
The purpose of the Farming Zone is to provide for the use of land for agriculture and to
ensure developments do not adversely affect the use of land for agriculture
A permit is required for the use and development of a dwelling in the Farming Zone, on
land less than 40 hectares.
Overlays
Clause 44.06 Bushfire Management Overlay
To identify significant landscapes and to conserve and enhance the character of
significant landscapes.
Under Clause 44.06-1 a permit is required to construct a building in association with
accommodation.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 25 of 64Particular provisions
Clause 65 Decision Guidelines
Because a permit can be granted does not imply that a permit should or will be granted.
The responsible authority must decide whether the proposal will produce acceptable
outcomes in terms of the decision guidelines of this clause.
Issues
Farming Zone
A planning permit is required to use and develop a dwelling in the Farming Zone. The
proposed use and development of a dwelling must be considered against the guidelines
of the Farming Zone. The purpose of the Farming Zone is to ensure that non-agricultural
uses do not adversely affect the use of the land for agriculture and to promote
agriculture as the primary land use.
The subject site forms part of a rural residential subdivision established in 1997 for the
use and development of dwellings on each lot. The site at 252 White Quartz Road falls
within the subdivision, and as such approval for the use and development of a dwelling
is expected on the site.
The existing building where the dwelling is proposed, was originally built as a shed
approved as part of the original planning permit in 1997 allowed the subdivision and the
development and use of a dwelling on each lot of the land. It came to Council’s attention
through building compliance that the shed was being used as a dwelling.
The building has been in existence on the property for over 17 years, and has the ability
to be used as a dwelling once building requirements have been met. Enforcement action
by the Building department occurred on the site on 6 July 2017, by a notice of entry
regarding the use of the shed as a dwelling and then inspected on 22 August 2017. An
Emergency Order Building Notice was issued 30 August 2017 to cease use of the shed
as a dwelling. This application now seeks to legitimise the use of the shed as a dwelling.
The application was submitted with a land capability assessment (LCA), addressing key
points of soil quality and wastewater management on the site. The site is within an area
that contains large sections of broken land holdings some containing dwellings.
The subject site is affected by an Owners Corporation and Owner’s Corporation rules,
these rules apply for any dwelling development. The Owner’s Corporation rules are not a
relevant planning matter under the Planning and Environment Act.
That notwithstanding, and regardless of the outcome of the planning application, the
Owner will need to obtain consent from the Owner’s Corporation before any works are
permitted on the land, in accordance with the Owners Corporation rules. Discussions
with the objectors have revealed that the main issue with this application is that the
applicants have not received consent for the development application by the Owner’s
Corporation at this stage.
Protection of water quality
An additional issue to consider is the potential impact on water quality as a result of the
development.
As discussed, an LCA was submitted with the application that identified both limiting and
mitigating factors for the proposed lot in relation to wastewater disposal. The LCA
demonstrated how wastewater could be contained and treated on the proposed lot.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 26 of 64The application was referred to Council’s Environmental Health Unit, and Goulburn
Murray Water (GMW), the relevant water supply authority for the special water supply
catchment area being the Cairn Curran catchment.
Neither the Environmental Health Unit nor GMW objected to the permit, indicating
wastewater could be treated on-site with appropriate wastewater systems.
Bushfire Management Overlay
Pursuant to Clause 44.06-1 a planning permit is required for construction of a dwelling
and associated outbuildings, and such proposals must be assessed against the
requirements of Clause 53.02-2.
As outlined within the submitted Bushfire Management Statement, the proposed
development is considered to satisfy the requirements of the Bushfire Management
Overlay and Clause 53.02 –Planning for Bushfire, subject to appropriate planning permit
conditions. The proposal has also been referred to the CFA as required who have
consented to the development subject to permit conditions.
Alternative Options
Council could refuse the application, however this is not recommended as the
assessment against the Planning Scheme has deemed this development and use
appropriate.
Financial and Resource Implications
Cost of a representation for any appeal to the Victorian Civil and Administrative Tribunal
would be met within the operating budget.
Consultation
Advertising
Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of
the Planning and Environment Act 1987 to owners and occupiers of adjoining land and a
sign was also placed on-site.
A consultation meeting was not held as the Applicant and Objectors were considered to
not be able to reach any form of agreement or resolution.
Eight objections were received from neighbouring properties with the following issues
and responses set out below:
Development will not meet the design standards of the Owner’s Cooperation Rules.
Any design standards set within the Owner’s Corporation Rules are not relevant to
planning in this instance, and should be dealt with prior to the development of a dwelling.
All building requirements are required to meet the provisions within the Bushfire
Management Statement and dealt with by the relevant building surveyor.
The development should be building within the onsite building envelope.
Condition 5 of Planning Permit 356 1997 allows for development to be constructed
outside of the building envelope, with the written consent of the Responsible Authority.
The proposed dwelling location is considered appropriate with no relevant planning
grounds to refuse the siting of the dwelling. It is noted that a number of dwellings within
the approved lots within Fryers Forest have been located outside of the approved
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 27 of 64building envelope, Lot 10 issued 22/1/2019 and Lot 4, issued 19/12/2014 and there was
no objections raised to these applications.
The applicant should build elsewhere outside the Owner’s Cooperation.
This is not a relevant planning consideration.
The applicants do not follow the Owner’s Cooperation rules and did not consult with the
Owner’s Corporation.
This is not a relevant planning consideration.
Bushfire Management Statement is not correct and the defendable space requirement is
not achievable.
The Bushfire Management Statement was assessed externally by the CFA and given
conditional consent.
The site plan submitted is drawn incorrectly and setbacks to boundaries are incorrect.
The applicants have signed a declaration as part of the application form to provide
accurate documents at the time of applying. The objectors have not provided sufficient
documentation by a qualified surveyor to prove their claims.
The proposed development will devalue existing neighbouring properties.
This is not a relevant planning consideration.
The owners of lot 1 do not interact with the community members, and are hostile
towards the community.
This is not a relevant planning consideration.
Referrals
The application was referred externally to the Country Fire Authority and Goulburn
Murray Water, both of which have provided conditional consent. The application was
referred internally to Council’s Environmental Health Unit and Infrastructure Unit.
Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 28 of 64Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 29 of 64
ECO 02 PLANNING PERMIT APPLICATION PA159/2018 – EXTEND THE RED
LINE PLAN AND INCREASE THE CAPACITY OF PATRONS FROM 100
TO 150 UNDER THE LIQUOR LICENCE 31901348 ON LOT 1 PS534611
21-23 WALKER STREET CASTLEMAINE.
Responsible Director: Director Infrastructure and Development
Responsible Officer: Manager Development Services
Original Document: DOC/19/7068
Executive Summary
Council has received an application for a planning permit to extend the red line plan and
increase the capacity of patrons from 100 to 150 under the existing Liquor Licence
31901348 on Lot 1 PS534611 “Bridge Hotel” 21-23 Walker Street Castlemaine.
The land is located within the General Residential Zone (GRZ) and is not covered by any
overlays. An application to vary the Liquor Licence triggers a planning permit under
Clause 52.27 Licenced Premises.
Two objections have been received and not withdrawn. Issues raised primarily relate to
the proximity of the proposed red line extension to the neighbouring property to the
south (which is currently operating as a bed and breakfast). The application has been
assessed against the decision Clause 52.27 Licenced Premises. The proposal is
considered an appropriate use at this location.
It is recommended that the permit application be approved subject to conditions.
RECOMMENDATION
That Council issue a Notice of Decision to Grant a Planning Permit to extend the
red line plan and increase the capacity of patrons from 100 to 150 under the
existing Liquor Licence 31901348 on Lot 1 PS534611 “Bridge Hotel” 21-23 Walker
Street Castlemaine, subject to the following conditions:
1. NO LAYOUT ALTERATION – USE OF LAND
The use allowed by this permit as shown on the endorsed plans must not be
altered or modified (for any reason) except with the prior written consent of
the Responsible Authority.
2. LIMIT ON NUMBER OF PATRONS
2.1. Without the prior written consent of the Responsible Authority, not more
than 150 patrons and staff may be present on the premises at any one time.
2.2. If only a lesser number of patrons is determined to be acceptable by a
Registered Building Surveyor and/or the Victorian Commission for Gambling
and Liquor Regulation, the lesser number will apply.
3. MANAGEMENT OF WASTE
No emptying of bottles into external waste bins is permitted after 10.00 pm
on any night or before 7.00 am on any day.
Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 30 of 644. LOCAL LAWS
A Local Laws permit must be issued before footpath trading can be
commenced.
5. AMENITY REMINDER
Prior to the commencement of the use/occupation of the building, the
applicant must display a sign at the exit of the premises advising patrons of
the proximity of residential dwellings and the need to respect the amenity of
the area, to the satisfaction of the Responsible Authority.
6. GENERAL AMENITY PROVISION
The use must be managed so that the amenity of the area is not
detrimentally affected, through the:
a) Transport of materials, goods or commodities to or from the land.
b) Appearance of any building, works or materials.
c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,
steam, soot, ash, dust, waste water, waste products, grit or oil.
d) Presence of vermin.
e) Others as appropriate.
7. SOUND AMPLIFICATION
All sound amplification equipment used for the purpose of entertainment on
or from the premises must be connected to the noise monitor and limiter
system at all times the premises is open to patrons.
8. NOISE FROM PREMISES
8.1. The licensee shall ensure that the level of noise emitted from the premises
shall not exceed, to the satisfaction of the Responsible Authority:
8.2. The permissible noise levels for entertainment noise as specified in the State
Environment Protection Policy (Control of Music Noise from Public
Premises) No. N-2;
9. LOUDSPEAKERS
No external sound amplification equipment or loud speakers are to be used
in the front verandah area for the purpose of announcement, broadcast,
playing of music or similar purpose.
10. CONTROL OF LIGHT SPILL
External lighting must be designed, baffled and located so as to prevent any
adverse effect on adjoining land to the satisfaction of the responsible
authority.
11. NOISE AND AMENITY PLAN / PATRON MANAGEMENT PLAN
Before the extension to the red line area and increase in patron numbers
commences, a noise and amenity plan/patron management plan to the
satisfaction of the responsible authority must be submitted to and approved
by the authority. When approved, the plan will be endorsed and will then
form part of the permit. All activities forming part of the extension to the red
line area and increase in patron numbers must comply with the endorsed
plan. The plan must include:
Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 31 of 64a) Staffing and other measures which are designed to ensure the orderly
arrival and departure of patrons.
b) Measures to be undertaken to address all noise sources identified,
including on and off-site noise attenuation measures.
c) Signage to be used to encourage responsible off-site patron behaviour
including directing smokers to an area in accordance with outdoor
drinking and eating areas under the Tobacco Act 1987.
d) The training of staff in the management of patron behaviour.
e) Lighting within the boundaries of the site.
All of the above to the satisfaction of the Responsible Authority. Once
approved the plan must be implemented to the satisfaction of the
Responsible Authority.
12. SIGNS REQUIRING FURTHER APPROVAL
Unless no permit is required under the Planning Scheme, additional signage
must not be constructed or displayed without a further planning approval.
13. HOURS OF OPERATION
13.1. The use may operate within the internal area of the Hotel and the external
courtyard during the following times:
a) Sunday - Between 10.00 am and 11.00 pm.
b) Good Friday & ANZAC - Day Between 12 noon and 11.00 pm.
c) Monday to Wednesday - Between 7.00 am and 11.00 pm.
d) Thursday to Saturday - Between 7.00 am and 12 midnight.
13.2. The use may operate within the external area under the veranda on Walker
and Cornish Streets during the following times:
e) Monday to Sunday, 12.00 pm-9.30 pm.
14. ENVIRONMENTAL HEALTH DEPARTMENT
A suitable smoking area that meets the requirements for outdoor drinking
and eating areas under the Tobacco Act 1987 shall be nominated. The area
must not cause amenity issues for neighbouring properties.
15. CLOSED CIRCUIT TELEVISION CAMERAS (CCTV)
15.1. CCTV should be installed and operational before the use commences. The
CCTV shall be retained for the life of the use.
15.2. Victoria Police may, at any time, access images or recordings generated
from the CCTV System (in accordance with CCTV Policies and the Law) by
making a request to the applicant.
PERMIT EXPIRY – USE ONLY
This permit for the use of land expires if:
a) The use does not start within two years of the date of this permit; or
b) The use is discontinued for a period of two years.
The Responsible Authority may extend the periods referred to if a request is
made in writing before the permit expires or within six months afterwards.
Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 32 of 64MOVED COUNCILLOR PETRUSMA
That matter be deferred to a future Ordinary Meeting of Council, to allow Council
officers to make further enquiries on issues raised.
SECONDED COUNCILLOR LESSER
CARRIED.
Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 33 of 64Context
The purpose of this report is to enable Council to determine an application for planning
permit to extend the red line plan and increase the capacity of patrons from 100 to 150
under the existing Liquor License 31901348 on Lot 1 PS534611 “Bridge Hotel” 21-23
Walker Street Castlemaine.
The application has been referred to Council for a decision because there are two
objections outstanding.
Refer to:
Attachment ECO 02B: Aerial Image PA159_2018.
Attachment ECO 02C: Red line plan PA159_2018.
The application was submitted to Council on 24 May 2018.
It proposes to extend the red line plan and increase the capacity of patrons from 100 to
150 under the existing liquor license 31901348. The proposal was advertised and four
(4) objections were received.
The subject site is in the General Residential Zone (GRZ). The use of the premises as a
Hotel/Tavern (food and drink premises) is existing and does not trigger a permit. A
planning permit is required for the alteration to the liquor licence under Clause 52.27
Licenced Premises.
Subject site
The site consists of one existing land title with a frontage to Walker Street of 30.4 metres
and a total area of 657.52m2.
The site is developed with a double storey rendered brick hotel, trading as “The Bridge
Hotel”. The development is built to the site’s northern boundary with a veranda opening
to the footpath over Walker and Cornish Streets. There are four tables in the outside
veranda area which seat up to thirty-two patrons. The red line currently extends
throughout the entire ground floor of the site and into second storey.
The site is located within a residential area of the General Residential Zone, with Public
Conservation and Resource Zone (Castlemaine Botanical Gardens) to the immediate
north-west and Industrial 3 Zone (CSR Factories) to the north-east.
The site is located approximately 1kilometre from the Castlemaine town centre.
Proposal
The application proposes to alter the General Liquor Licence No. 31901348 to extend
the existing red line area out to the footpath and to increase the existing patron numbers
from 100 to 150.
The application is supported with a submission which explains the applicants’ reasons
for extending the redline area and how the applicants’ will address amenity impacts to
nearby residential uses. The original submission has been amended to address initial
concerns raised by the objectors and Castlemaine Police.
Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 34 of 64Policy and Statutory Implications
State and Local Policy
Clause 17 Economic Development
The objective of the Clause is:
‘Planning is to provide for a strong and innovative economy, where all sectors are critical
to economic prosperity.
Planning is to contribute to the economic wellbeing of the state and foster economic
growth by providing land, facilitating decisions and resolving land use conflicts, so that
each region may build on its strengths and achieve its economic potential.’
Local Planning Policy Framework (LPPF)
Clause 21.02 Vision and framework plan
This clause contains some of the guiding policy linking the municipal vision, derived from
Mount Alexander Shire Council Plan, to the land use and development planning vision
for the Shire.
Zoning
Clause 32.05 General Residential Zone
A permit is not required for the use as a Tavern/Hotel (food and drink premises) as the
use is existing.
Overlays
None applicable.
Particular provisions
Clause 52.06 Car parking
The application is seeking to increase the existing patron numbers from 100 to 150, an
increase of 50 patrons. Clause 52.06 refers to car parking and Clause 52.06-1 requires
that a new use must not commence or the floor area of an existing use must not be
increased until the required car spaces have been provided on the land. The number of
spaces required to be provided is specified in the table at Clause 52.06-5. The Hotel
land use specifies 0.4 spaces to each patron, which equates to 20 spaces. There is
currently no provision for any parking on the land and based on the existing number of
patrons, the site has a parking credit of 40 spaces. Patrons currently use unlimited
parking on both sides of Walker and Cornish Street, walk or cycle to the hotel.
Given the existing use of the site as a Hotel with up to 100 patrons existing with no
provision for on-site car spaces, an additional 50 patrons is considered reasonable and
could easily be absorbed within the existing availability of parking within close proximity
to the site.
Clause 52.27 Licenced Premises
The subject site has existing use rights as a hotel with an existing general liquor licence.
In assessing the proposed extension to the red line area to allow the extension to the
licence area and increase in patron numbers by 50, Council must have regard to the
Decision Guidelines established under this provision, which are:
Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 19 March 2019 Page 35 of 64You can also read
