Agenda
For the Scheduled Council Meeting Council
Chambers, Municipal Offices 6pm 27 February 2024
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Agenda Scheduled Council Meeting 4
Contents
1. Acknowledgement of Traditional Owners
5. Acceptance of Apologies & Granting of Leave of Absence
8. Conflict of Interest Disclosure
9.1 Petition - Eldorado Foodshare, Gunhouse Park
12.1 MAV Membership Delegation
13.1 Council Plan Strategic Indicators and Actions Update - Quarter 2 (October - December 2023)
13.2 Audit and Risk Committee Independent Member Re-Appointment
14. Community and Infrastructure
14.2 Hall Committee Member Nominations
15. Sustainability and Culture
17. Advisory Committee Reports
18. Minutes of Advisory Committee Meetings
22.1 Confidential - Tender Cost - FOGO Acceptance and Processing Services.
12.1......... MAV Membership Delegation
Attachment 1 Municipal Association of Victoria - Rules Schedule 1
Attachment 2 Actions - On Hold Off Track and Pending
Attachment 3 Strategic Indicators
13.2......... Audit and Risk Committee Independent Member Re-Appointment
Attachment 1 Audit and Risk Committee - Charter
14.1......... Fair Access Policy
Attachment 1 Community Sport Fair Access Action Plan
Attachment 2 Community Sport Fair Access Policy
Attachment 3 Sport Facility Booking Policy
Attachment 4 Fair Access Policy GIA
Attachment 1 Planning Permit Application 22/136 - Officer's report
Attachment 2 Planning Permit Application 22/136 - Proposed Subdivision
Agenda Scheduled Council Meeting 5
Rural City of Wangaratta Live Stream
Clause 24 of the Governance Rules provides the following:
“This public meeting is being recorded to improve access to the meeting for our community. The recording will be published and will be retained by Council in accordance with Council’s legal obligations. As a visitor in the public gallery, your presence may be recorded.”
1. Acknowledgement of Traditional Owners
We acknowledge the traditional owners of the land on which we are meeting. We pay our respects to their Elders past, present and emerging and to Elders from other communities who may be here today.
Almighty God, we humbly ask thee to bless and guide this council in its deliberations so that we may truly preserve the welfare of the people whom we serve. Amen
5. Acceptance of Apologies & Granting of Leave of Absence
Recommendation:
That <<enter text>> be granted leave of absence for the period <<enter text>> to <<enter text>> .
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Recommendation:
That Council read and confirm the Minutes of the Ordinary Meeting of 12 December 2023 as a true and accurate record of the proceedings of the meeting. |
8. Conflict of Interest Disclosure
In accordance with section 130 of the Local Government Act 2020 a councillor who has a conflict of interest in respect of a matter must disclose the conflict of interest in the manner required by Council's Governance Rules and exclude themselves from the decision making process in relation to that matter, including any discussion or vote on the matter and any action in relation to the matter.
Clause 28.1 of Council's Governance Rules requires a councillor to indicate that they have a conflict of interest by clearly stating:
(a) the item for which they have a conflict of interest; and
(b) whether their conflict of interest is general or material; and
(c) the circumstances that give rise to the conflict of interest.
Immediately prior to the consideration of the item in which they have a conflict of interest, a councillor must indicate to the meeting the existence of the conflict of interest and leave the meeting.
A councillor who discloses a conflict of interest and leaves a Council meeting must not communicate with any participants in the meeting while the decision is being made.
Agenda Scheduled Council Meeting 1
9. Reception of Petitions
9.1 Petition - Eldorado Foodshare, Gunhouse Park
Meeting Type: Scheduled Council Meeting
Date of Meeting: 27 February 2024
Author: Director Community and Infrastructure
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
Executive Summary
A petition containing 104 signatures has been received.
The petition requests Council’s assistance in constructing a small storage shed in a discrete location on the Council owned land of Gunhouse Park, Eldorado.
It is stated that this will ease the burden of storage at a private residence and the loading and unloading of equipment and makes equipment available for use by other community groups when using Gunhouse Park.
A copy of the letter has been provided to Councillors under separate cover.
1. That the petition regarding the request for Council’s assistance in constructing a small storage shed in a discrete location on the Council owned land of Gunhouse Park, Eldorado be received.
2. That a report into investigations into the request within the petition be considered at the March Ordinary Council meeting.
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Conclusion
Clause 13 of the Rural City of Wangaratta Governance Rules, provides that a petition presented to the Council, may be dealt with in any of the following ways. The petition may:
· be received
· where the petition relates to an item listed on the agenda, be considered in conjunction with that agenda item.
· be referred to the Chief Executive Officer for consideration and response.
· be referred to the Chief Executive Officer for a report to a future Council meeting.
Where the petition relates to an operational matter, Council must refer it to the Chief Executive Officer for consideration.
Where a petition relates to a planning matter which is the subject of a public notification process under the Planning and Environment Act 1987, the petition will be treated as a joint submission in relation to that planning matter.
Where a petition relates to a matter which is the subject of a community engagement process under the Local Government Act 2020, the petition will be treated as a joint submission in relation to that matter.
1 Petition - Eldorado Foodshare, Gunhouse Park - Confidential
Agenda Scheduled Council Meeting 1
Officers’ Reports
12. Executive Services
12.1 MAV Membership Delegation
Meeting Type: Scheduled Council Meeting
Date of Meeting: 27 February 2024
Category: Strategic
Author: Executive Services Coordinator
Approver: Chief Executive Officer
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
Executive Summary
This report is presented to Council to update the appointed Substitute Delegate for the Municipal Association of Victoria (MAV) as per the Rules Part 2, Division 2 – Appointment and Obligations of Delegates.
That Council:
1. retain Cr Rees as the Delegate for the Municipal Association of Victoria (MAV)
2. appoint Cr ……….. as the Substitute Delegate for the Municipal Association of Victoria (MAV) in the Mayor’s absence
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Background
According to the MAV Rules Part 2 – Membership and membership participation, Division 2 – Appointment and Obligations of Delegates, 7.6 The Association must maintain a Register of Delegates, listing those who are currently delegates and substitute delegates and the participating member councils that appointed them.
This report is presented to update those details since the Rural City of Wangaratta election held in November 2023. Appointments must be made by a resolution of the participating member council.
Implications
Policy Considerations
There are no specific Council policies or strategies that relate to this report.
Financial/Economic Implications
There are no financial or economic implications identified for the subject of this report.
Legal/Statutory
Rules Part 2 – Membership and membership participation | MAV website
Social and Diversity
There are no social impacts identified for the subject of this report.
Equity Impact Assessment (EIA)
There are no equity impacts identified for the subject of this report.
Environmental/Sustainability Impacts
There are no environmental/ sustainability impacts identified for the subject of this report.
Attachments
1 Municipal Association of Victoria - Rules Schedule 1 ⇩
Agenda Scheduled Council Meeting 1
13. Corporate and Leisure
13.1 Council Plan Strategic Indicators and Actions Update - Quarter 2 (October - December 2023)
Meeting Type: Scheduled Council Meeting
Date of Meeting: 27 February 2024
Category: Operational
Author: Governance & Reporting Advisor
Approver: Director Corporate and Leisure
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
Executive Summary
This report presents the 2023-24 Quarter 2 (October – December 2023) update for the Council Plan Strategic Indicators and Actions.
That Council:
1. Notes the Quarter 2 (2023-2024) results for the Council Plan 2021-2025 Strategic Indicators and Actions as contained in the attached reports.
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Background
Council Plan Actions
252 Council Plan Actions are to be completed during the 2023/24 financial year (Attachment 1).
As at the end of Quarter 2, 240 actions were reported as: complete (32); on track (208); off track (4); pending (7) and on hold (1).
Some of Council’s completed actions reported so far during the 2023/24 year include:
Leadership
1.1.2.1 – Develop a community engagement toolkit that ensures the community is engaged at key stages of all major Council projects
1.1.2.4 - Develop an online community engagement portal to be hosted on Council’s website
1.4.1.3 – Develop an Advocacy Strategy to ensure Council can maximise opportunities for funding and program support
Nurturing our Wellbeing
2.2.2.4 – Develop, endorse and implement an Age Friendly Strategy
2.2.4.3 - Support children and parents after their involvement in Maternal Child Health services and before kindergarten
Valuing our Environment
3.1.2.5 – Ensure the Community Grant Program supports environmentally sustainable projects
3.1.3.1 – Review and implementation of Council’s Roadside Conservation Management Plan
3.3.2.2 – Increase electricity consumed by Council from renewable sources to at least 50% by 2025
Expanding our Economy
4.1.3.3.- Launch a new ‘Visit’ website to provide relevant up to date travel content
4.3.2.1 – Support the establishment of a Regional Universities Centre in Wangaratta
Enhancing our Lifestyle
5.7.2.2 – Plan and deliver significant play space destinations that cater for all abilities, including Apex Park and King Valley playgrounds.
Growing with Integrity
6.5.1.2 – Supporting emerging community groups, clubs and activities within new neighbourhoods.
Strategic Indicators (Attachment 3)
There are 12 Strategic Indicators that can be reported quarterly.
As at the end of Quarter 2, 5 of these Strategic Indicators were reported as On Track.
Some of the positive results for the 23/24 financial year include:
Strengthening our Leadership
1.0.8 Days to close CRMS (Target 14 – Result 4.33)
Expanding our Economy
5.0.5 Number of attendees at the Wangaratta Art Gallery (Target YTD 15,996 – Result YTD 19,814)
5.0.6 Tickets sold through the Wangaratta Performing Arts and Convention Centre (Target YTD 9,252 - Result YTD 14,195)
Implications
Policy Considerations
There are no specific Council policies or strategies that relate to this report.
Financial/Economic Implications
There are no financial or economic implications identified for the subject of this report. Funding to deliver the actions in the Council Plan has been allocated via council’s Annual Budget.
Legal/Statutory
The obligation to report on progress of delivery of the actions and priorities set out in the Council Plan actions is prescribed by the Local Government Act 2020.
Social and Diversity
The intended social benefits from delivering these actions are outlined in the Council Plan 2021-25.
Equity Impact Assessment (EIA)
There are no equity impacts identified for the subject of this report.
Environmental/Sustainability Impacts
The intended environmental/sustainability benefits from delivering these actions are also outlined in the Council Plan 2021-25.
Strategic Links
Council Plan 2021 – 2025
This report supports the 2021-2025 Council Plan by providing an update on the organisation’s progress in implementing its actions.
Risk Management
Council risks a reputational failure by failing to adequately monitor and deliver its key objectives. By the regular reporting of its Strategic Indicators and Actions, Council can ensure the appropriate level of monitoring and transparency occurs to mitigate this risk.
Risks |
Likelihood |
Consequence |
Rating |
Mitigation Action |
Failure to proactively monitor Council’s progress against its Council Plan |
2 – Unlikely |
Moderate |
5 – Medium |
Schedule a standing bi-annual Council Meeting report. |
Consultation/Communication
Council Plan actions are being progressively implemented by the appropriate officers across the organisation. The status of Council Plan actions and strategic indicators are reported to the executive management team and Audit and Risk Committee on a quarterly basis alongside other regular updates.
Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.
Options for Consideration
There are no options for consideration.
Conclusion
The attached reports provide the community with an appropriate level of transparency on the progress of council’s delivery against the actions and commitments set out in the Council Plan 2021-25.
Attachments
1 Actions ⇩
2 Actions - On Hold Off Track and Pending ⇩
3 Strategic Indicators ⇩
Agenda Scheduled Council Meeting 1
13.2 Audit and Risk Committee Independent Member Re-Appointment
Meeting Type: Scheduled Council Meeting
Date of Meeting: 27 February 2024
Author: Governance & Reporting Advisor
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
Executive Summary
This report is presented to Council to formally endorse the re-appointment of an independent member to Council’s Audit and Risk Committee.
That Council:
1. Re-appoints Mr Vito Giudice to the Audit and Risk Committee (Committee) as an independent member:
a) For a further term of 3 years commencing on the date of this resolution; and b) In accordance with any other terms and conditions relevant to independent member established by the Local Government Act 2020 (Vic), the Committee’s Charter, Council’s Governance Rules and any other relevant council policies or procedures.
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Background
The Audit and Risk Committee (the Committee) was established by Council in August 2020 under section 53 of the Local Government Act 2020 (Vic).
The Committee Charter (Attachment 1) states the Committee must include two Councillors and at least three, and up to four, independent members who are not Councillors and who are not members of Council staff. Clause 5.2(3) of the Charter also provides that an independent member may be appointed for up to two consecutive terms.
Council is requested to endorse the appointment of Mr Vito Giudice for a further three-year term.
Implications
Policy Considerations
The Committee’s Charter contains membership provisions related to independent member appointments, including that:
1. The committee must include at least three, and up to four, other independent members;
2. Independent members must collectively have expertise in financial management and risk and experience in public sector management;
3. Independent members may be appointed for a term of up to three years;
4. The terms of office of independent members may be arranged to avoid more than two independent members retiring at the same time.
Financial/Economic Implications
There are no financial or economic implications identified for the subject of this report.
Legal/Statutory
Section 53 of the Act governs the membership requirements, including that an Audit and Risk Committee must consist of a majority of members who are not Councillors of the Council and who collectively have expertise in financial management and risk, and experience in public sector management.
Social
There are no social impacts identified for the subject of this report.
Environmental/Sustainability Impacts
There are no environmental/ sustainability impacts identified for this subject of this report.
Strategic Links
Council Plan 2021 – 2025
This report supports the 2021-2025 Council Plan through the following objectives and actions:
1. Strengthening our Leadership
Provide open and transparent communication to the community to build trust, respect and understanding.
Risk Management
Risks |
Likelihood |
Consequence |
Rating |
Mitigation Action |
Council not having sufficient members to obtain a quorum for Audit and Risk Committee meetings |
2 - Unlikely |
Major |
Low |
Council endorsing a preferred candidate in accordance with the Audit and Risk Committee Charter. |
Consultation/Communication
Officers believe that appropriate consultation has occurred, and the matter is now ready for Council consideration.
Options for Consideration
Council can either endorse the re-appointment of Mr Giudice or call for Expressions of Interest to try and find a more suitable candidate.
Conclusion
The proposed appointee will assist with the continued improvement of council’s governance, integrity, and risk outcomes.
Attachments
1 Audit and Risk Committee - Charter ⇩
3 Assessment Summary - Confidential
Agenda Scheduled Council Meeting 1
14. Community and Infrastructure
Meeting Type: Scheduled Council Meeting
Date of Meeting: 27 February 2024
Category: Strategic
Author: Recreation Officer
Approver: Manager Community Services
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
Executive Summary
This report is presented to Council to endorse the draft Community Sport Facility Booking Policy, Community Sport Fair Access Policy and Action Plan for public exhibition for 28 days from 29 February 2024.
1. Endorse the draft Community Sport Facility Booking Policy, Community Sport Fair Access Policy and Action Plan for public exhibition for 28 days from 29 February 2024.
2. If any amendments are made to the Community Sport Facility Booking Policy, Community Sport Fair Access Policy and Action Plan due to submissions during the exhibition process, the relevant Policy is reviewed at a future Scheduled Council Meeting.
3. If no submissions requiring changes to the Community Sport Facility Booking Policy, Community Sport Fair Access Policy and Action Plan are received, adopts the relevant policy without further resolution of Council.
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Background
From 1 July 2024 Victorian Government Funding Criteria for community sport infrastructure will require gender equitable access and use policies to be in place. These need to be developed with actionable outcomes, which require consultation with community sporting groups.
In November 2023, the first drafts of these documents were presented to CMT. The drafts attached have been modified based on feedback from the Sport and Recreation Advisory Committee, and the Office for Women in Sport and Recreation.
Implications
Policy Considerations
The existing community booking policy is due for review, and will be reviewed in consideration of these changes and the impacts Fair Access has on our bookings process.
Financial/Economic Implications
Not complying with the Fair Access Program as set out by the Victorian Government would mean that Council would no longer be able to receive state funding for sport and recreation projects. Implementation of these policies may in future impact how Council structures fees and charges around sports bookings.
Legal/Statutory
The Community Sport Fair Access policy and Action Plan is mandated by the Victorian Government.
Social and Diversity
This report provides an opportunity to increase social outcomes due to improved access to community sport for women and girls.
Equity Impact Assessment (EIA)
For reports relating to a policy, program or service.
Is an EIA legislatively required? Yes
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Recommendation |
Justification |
1 |
Extensive consultation, ensuring input across gender, culture, age and ability |
The policy aims to support equity of access. We must consult widely to determine what that looks like in practice. |
2 |
Support clubs and make use of resources such as Office for Women in Sport and Recreation, and Sport North East, as the policy is developed and implemented |
In order to have successful, impactful change we need buy in from clubs and community. |
Environmental/Sustainability Impacts
There are no environmental/ sustainability impacts identified for the subject of this report.
Strategic Links
Council Plan 2021 – 2025
This report supports the 2021-2025 Council Plan through the following objectives and actions:
1. Nurturing our Wellbeing
2.3.2.1 With support and training, ensure that our community groups and committees have strong governance and are inclusive and viable.
2.4.1.3 Provide accessible, affordable, and inclusive opportunities for all members of our community to participate in physical activity.
Rural City of Wangaratta 2033 Community Vision
This report supports the 2033 Community Vision through the following objectives:
G1- Strengthen Council’s approach to designing and supporting inclusive and liveable communities.
G4- Support all our community members to be healthy and well, especially our most vulnerable.
H3- Increase opportunities for people to connect to their community and each other.
H4- Provide quality and accessible community facilities based on community needs.
I1 Deliver and support programs that increase participation in physical activity.
I2 Provide facilities and infrastructure that give opportunities for physical activity and active living.
J3 Partner to create a community environment that is safe and minimises harm.
Risk Management
Risks |
Likelihood |
Consequence |
Rating |
Mitigation Action |
Community backlash |
3 - Possible |
Moderate |
6- Medium |
Education and support for community sporting organisations |
Loss of funding opportunities |
2- Unlikely |
4- Major |
6- Medium |
Ensuring documentation meets state governement requirements within set timeframes |
Consultation/Communication
Level of public participation |
Promises to the public/stakeholders |
Tools/Techniques |
Inform |
Updates about the initiative |
Newsletter and email updates |
Consult |
Sharing of initial drafts |
Stakeholder meetings |
Involve |
Discussion in open forum and invitation to provide direct feedback |
Stakeholder feedback |
Collaborate |
Sharing changes based on feedback |
Stakeholder input |
Empower |
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Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.
Options for Consideration
Council could choose not to endorse the drafts for exhibtion. This could result in the loss of funding as the state government requires adoption of policies prior to July 1 2024 in order to be eligible for funding.
Council could choose to extend the exhibition timeline. This would result in shortened timelines for full adoption of the policies, which increases the risk of loss of funding opportunities.
Conclusion
Officers recommend the documents are endorsed for public exhibition through the Connect Portal for a period of 28 days.
Attachments
1 Community Sport Fair Access Action Plan ⇩
2 Community Sport Fair Access Policy ⇩
3 Sport Facility Booking Policy ⇩
4 Fair Access Policy GIA ⇩
Agenda Scheduled Council Meeting 1
14.2 Hall Committee Member Nominations
Meeting Type: Scheduled Council Meeting
Date of Meeting: 27 February 2024
Category: Strategic
Author: Community and Recreation Coordinator
Approver: Director Community and Infrastructure
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
Executive Summary
This report is presented to Council to endorse the nominations of volunteers to committees of management (COM) under the Community Asset Committee Instrument of Delegation. These are additional community members who have requested spots on their local committees of management, and Council officers are in support:
1. Edi Upper Hall
2. Eldorado Memorial Hall
3. Milawa Hall and Park
4. Everton Hall and Reserve
5. Moyhu Soldiers Memorial Hall
The nominations are for a period of three years. A list of nominated members is attached.
That Council endorses the nominations in the attached report to the following Community Asset Committees
1. Edi Upper Hall 2. Eldorado Memorial Hall 3. Milawa Hall and Park 4. Everton Hall and Reserve 5. Moyhu Soldiers Memorial Hall
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Background
All appointments to Community Asset Committees are made in line with Council’s policy governing appointments to Council Committees.
The Instrument of Sub-Delegation details in section 3.1(8) that all appointments to the committees will be made by Council in accordance with the Council policy governing appointments to Council Committees.
Implications
Policy Considerations
The Community Asset Committee Instrument of Delegation and the Appointment to Council Committees Policy apply to these nominations.
Financial/Economic Implications
There are no financial or economic implications identified for the subject of this report.
Legal/Statutory
The requirements for nominations is made in accordance with the Local Government Act
Social and Diversity
The Community Asset Committees provide an important service to their communities, providing a gathering place and social centre for their rural communities. A strong and vibrant committee will benefit the community, and close links between the committee and Council will create greater awareness of needs in that community.
Environmental/Sustainability Impacts
COM’s are responsible for the management of any environmental issues relating to the land upon which their facilities are situated.
Equity Impact Assessment (EIA)
An Equity Impact Assessment is not required for this report
Strategic Links
Council Plan 2021 – 2025
This report supports the 2021-2025 Council Plan through the following objectives and actions:
1. Strengthening our Leadership
1.3.2.1 Continue to support the delivery of the Rural Placemaking Plans in partnership with our rural communities.
2. Nurturing our Wellbeing
2.3.2.1 With support and training, ensure that our community groups and committees have strong governance and are inclusive and viable.
2.3.3 Increase opportunities for people to connect to their community and each other.
2.3.4.1 Provide quality and accessible community facilities based on community needs.
4. Expanding our Economy
4.4.2 Enhance the activity in our rural townships
Risk Management
Risks |
Likelihood |
Consequence |
Rating |
Mitigation Action |
Governance risk associated with the sub- delegation of powers from the CEO to Community Asset Committees |
Possible |
Moderate |
Medium |
The appointment of members by a formal resolution of Council reduces governance risk by ensuring that all members appointed to a committee are covered by Council’s public liability insurance. |
Consultation/Communication
Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.
Options for Consideration
· That Council endorses the nominations to the following Community Asset Committees
· That Council does not endorse the nominations to the Community Asset Committees.
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Conclusion
Council officers have reviewed the nominations received for endorsement to the relevant Community Asset Committees which will delegate the control, management and maintenance of its council owned community assets and uphold Councils requirements under the Local Government Act
Attachments
1 Committee of Management Nominations Feb 2024 - Confidential
Agenda Scheduled Council Meeting 1
15. Sustainability and Culture
15.1 Planning Permit Application 22/136 - 25 Pin Oak Drive Wangaratta - Two lot Re-subdivision and Variation of a Restriction
Meeting Type: Scheduled Council Meeting
Date of Meeting: 27 February 2024
Author: Principal Planner
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
Executive Summary
This report is presented to Council to determine a planning permit application for a Two Lot Re-Subdivision and variation of a restriction at 25 Pin Oak Drive, Wangaratta.
Pursuant to instrument of delegation, officers do not have delegation to determine a planning permit application that is subject to four or more objections. At the time of writing this report, five objections were received.
Since the receipt of the objections, the applicant has modified their original proposal by withdrawing their concurrent application to Amend a Section 173 agreement and the consequential addition of a dwelling entitlement on the proposed Lot 2.
Having undertaken an assessment of the application against the Wangaratta Planning Scheme and having considered public submissions to the proposal and responses from referral authorities, officers are of the view that the application is consistent with the Wangaratta Planning Scheme. A full assessment is included at Attachment 1.
That Council:
1. Issues a Notice of Decision to Grant a Planning Permit for the Two lot re-subdivision and variation of a restriction at 25 Pin Oak Drive Wangaratta subject to the conditions contained in Attachment 1; and
2. Advises the applicant and submitters of the decision.
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Property Details
Land/Address |
25 Pin Oak Drive, Wangaratta Lot 10 Plan PS744667 and Lot A PS701885 |
Zones and Overlays |
Low Density Residential Zone - Schedule 1 Public Park and Recreation Zone Flood Overlay Land Subject to Inundation Overlay Design and Development Overlay – Schedule 6 (Wangaratta Aerodrome Obstacle Height Areas) |
Why is a permit required? |
Subdivision: · A permit is required to subdivide land in the: - Low Density Residential Zone - Public Park and Recreation Zone - Flood Overlay - Land Subject to Inundation Overlay - Design and Development Overlay Variation of a restriction: · A permit is required to vary or remove a restriction under Section 23 of the Subdivision Act 1988 |
Proposal in Detail
Refer to Attachment 2 for plans of the proposal.
Locality
The subject site is located south of Wangaratta in the Laceby Grange Estate on the northern side of Clarkes Lane and is bounded by the One Mile Creek to the north, in the Low Density Residential Zone of the Wangaratta Planning Scheme.
The Laceby Grange Estate is a mix of low density residential properties generally between 2000 and 4000sqm in land size.
Figure 1: Subject sites at 25 Pin Oak Drive (highlighted red).
Site History
The Laceby Grange Estate subdivision was approved under Planning Permit Pln08-205a.01 in 2014. The subdivision took place in 2 stages. Reticulated sewer was not in place at the time of the original application and lots within the estate were subject to a minimum lot size of 4000m2 under the requirements of the Low Density Residential Zone. Lots within the second stage of the subdivision have been connected to reticulated sewer which allowed an amendment to the permit that allowed some lots to be reduced to 2000m2.
Building Envelopes to protect dwellings from flooding were required as part of the permit.
Wangaratta Planning Scheme amendment C81 was adopted in 2021. The effect of this amendment on the subject site was to lessen the extent of mapped potential flooding within the Flood Overlay (FO) and Land Subject to Inundation Overlay. Other lots within the estate have since been approved to vary (increase) their building envelopes in line with the new flooding extent.
Property Details
· Lot 10/PS 744667 (25 Pin Oak Drive) is located on the north side of Pin Oak Drive and is 6660sqm in size. The land is currently vacant. The access to the site is from Pin Oak Drive.
The site is encumbered with a Building Envelope (restriction on title). The building envelope follows the line of flooding potential and indicated by the extent of the Land Subject to Inundation Overly at the time of subdivision approved by Planning Permit Pln08-205a.01 in 2014.
· Lot A/PS 701885 is a long narrow vacant allotment and is currently used for equine grazing. The lot is bounded by the One Mile Creek to the west and abuts the rear of properties in Pin Oak Drive and Tathra Place to the east. The lot is 5.87 hectares and contains the riparian zone of the One Mile Creek. The site is accessed from Tathra place.
Both lots are encumbered by a Section 173 agreement (AM918981Q). The restrictions imposed by this agreement as relevant to this application are:
a) No clearing of native vegetation is permitted on the subject land;
b) The responsibility of active management of the riparian zone in accordance with the Riparian Zone Management Plan is the responsibility of the owners of said lots;
c) No further subdivision of Lot A as to create additional lots and no dwellings on Lot A pursuant to North East Catchment Management Authority (NECMA) condition 64;
The agreement is registered to 27 lots within the estate who are all burdened by and benefit from the terms of the agreement.
Proposal
The application currently before Council seeks to re-subdivide and vary a restriction.
The re-subdivision component of the application is as follows:
Lot |
Current |
Proposed |
25 Pin Oak (Lot 10) |
6660 m2 |
4.371 ha |
29A Pin Oak (Lot A) |
5.787 ha |
2.082 ha |
PlnApp 22/136 seeks a Two lot subdivision and variation of a restriction (building envelope on Lot 10)
Current Subdivision Proposed re subdivision
Current Building Envelope Proposed building envelope
Summary of Key Issues
· Changes in the extent of Flooding and NECMA’s advice
· Purpose of the Low Density Residential Zone
· Effect of the Section 173 agreement
· Objectors concerns
A detailed assessment of the application against the relevant parts of the Wangaratta Planning Scheme and the Planning and Environment Act 1987 (the Act), as well as consideration of matters raised in submissions is included in Attachment 1.
The following provisions of the Wangaratta Planning Scheme are relevant to this proposal:
Section |
Clause |
Provision |
Planning Policy Framework |
11.01-1R 11.02-1S 12.03 13 14.02-2S 15 |
Settlement-Hume. Supply of Urban Land Water bodies and wetlands Environmental Risks and Amenity Water quality Built Environment and Heritage |
Zone |
32.03 36.02 |
Low Density Residential Zone- Schedule 1 Public Park and Recreation Zone |
Overlays |
43.02
44.03 44.04 |
Design and Development Overlay - Schedule 6 (Wangaratta Aerodrome – Obstacle Height Areas 1, 2 and 3) Flood Overlay Land Subject to Inundation Overlay |
Particular Provisions |
52.02 56.07 56.07-2 56.07-3 56.07-4 |
Easements, Restrictions and Reserves Drinking water supply objectives Reused and recycled water objective Wastewater management objective Storm water management objectives |
Decision Guidelines |
65.01 65.02 |
Decision Guidelines Approval of an application or plan Approval of an application to subdivided |
Referrals
Authority / Department |
Response |
NECMA |
Conditional Consent Pursuant to Section 56(1)(b) of the Planning and Environment Act 1987, the North East CMA does not object to the granting of a permit for amendment of the building envelope on existing Lot 10 subject to the following condition: · The amended envelope shall be constrained to land with an existing surface level above RL 148.4 m AHD |
North East Water (NEW) |
No objection |
Internal Advice
Department |
Response |
Technical Services |
Conditional consent. |
Environment |
Conditional consent. |
Background
This report has been written in response to an application for a planning permit being subject to more than five objections. The Rural City of Wangaratta instrument of delegation does not afford officers delegation to determine the application.
Implications
Policy Considerations
Council’s local planning policies (given effect by the Wangaratta Planning Scheme) are of relevance to this report. These policies are considered and addressed within this report and in the officer’s report at Attachment 1.
Financial Implications
There are no specific financial implications to Council arising from this report though there may be potential costs for Council representation at the Victorian Civil Administrative Tribunal (VCAT).
Legal/Statutory
All procedures associated with the lodgement and assessment of this application have been carried out in accordance with the Planning and Environment Act 1987.
Social and Equity Impact Assessment (EIA)
There are no specific social or Equity impacts identified for the subject of this report. However the nature of the proposal and assessment may have indirect social impacts. These impacts principally pertain to the amenity of the area and neighbourhood character. These matters are considered as part of this report and the officer’s assessment at Attachment 1.
Environmental/Sustainability Impacts
The potential environmental impacts are considered as part this report and the officer’s assessment at Attachment 1.
Strategic Links
Council Plan 2021 – 2025
This report supports the 2021-2025 Council Plan through the following objectives and actions:
3.Valuing our Environment
3.1 Build environmentally sustainable communities.
3.3 Actively combat the causes and impacts of climate change.
3.4 Healthy and protected waterways and access to water.
6. Growth
6.1 The right growth in the right areas.
6.2 Sustainable infrastructure that supports new growth.
6.2.2 Provide an efficient and effective permit system.
Rural City of Wangaratta 2033 Community Vision
This report supports the 2033 Community Vision through the following objectives:
L2 Facilitate design and development that creates environmentally supportive impacts.
O2 Look after our rivers and waterways.
CC1 Ensure decision making upholds a balance between environmental sustainability, the need for development and acknowledges risks to the landscape.
BB1 - Ensure new development is facilitated and does not conflict with existing land uses.
BB2 - Provide an efficient and effective permit system.
Other strategic links
Rural City of Wangaratta Low Density and Rural Residential Strategy.
Risk Management
Risks |
Likelihood |
Consequence |
Rating |
Mitigation Action |
Permit applicant lodges an appeal at VCAT |
Possible |
Minor |
Low |
Representation of Council Officer at VCAT. |
Third party objector/s lodge an appeal at VCAT |
Possible |
Minor |
Low |
Representation of Council Officer at VCAT. |
Consultation/Communication
Public notice was carried out by Council in accordance with Section 52 of the Planning and Environment Act 1987. Notice was given in the form of letters to adjoining and adjacent owners and occupiers and all beneficiaries of the Section 173 agreements on the title.
A total of five objections were received. A detailed summary of objections and officer’s response is contained in Attachment 1.
The application was re-advertised following the withdrawal of the concurrent application and none of the original objections were withdrawn.
The grounds of objection include -
· development of a dwelling on Lot 2
· drainage issues
· environmental concerns
· traffic
Options for Consideration
1. Council issue a Notice of Decision to Grant a Permit subject to conditions. (as recommended)
2. Council issue a Notice of Refusal to Grant a Permit (not recommend).
Conclusion
The application seeks approval for a Two Lot Re-Subdivision and variation of a restriction.
Consideration and assessment of the application has been made against the Act and Wangaratta Planning Scheme and it is considered that the proposal is an appropriate response to the purpose, objectives, policies and decision guidelines relevant to this application.
All submissions have been considered and whilst many concerns raised have merit, the withdrawal of the concurrent application largely resolves Objector concerns. It is therefore recommended that a Notice of Decision to Grant a Planning Permit be issued with appropriate conditions, as outlined in Attachment 1.
Having undertaken an assessment of the application against the Wangaratta Planning Scheme and having considered submissions to the proposal, officers are of the view that the application is suitable for support (refer to Attachment 1 for detailed assessment).
It is recommended that a Notice of Decision to Grant a permit (subject to conditions) be issued.
Attachments
1 Planning Permit Application 22/136 - Officer's report ⇩
2 Planning Permit Application 22/136 - Proposed Subdivision ⇩
Agenda Scheduled Council Meeting 1
16. Special Committee Reports
Nil
17. Advisory Committee Reports
Nil
18. Minutes of Advisory Committee Meetings
Nil
19. Notices of Motion
Nil