Agenda of Scheduled Council Meeting - Tuesday, 26 March 2024

Agenda Scheduled Council Meeting 1

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.

2. Opening Prayer

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

3. Present

4. Absent

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>> .

Order of Business

6. Citizen Ceremony

7. Confirmation of Minutes

Recommendation:

That Council read and confirm the Minutes of the Ordinary Meeting of 27 February 2024 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

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.

9. Reception of Petitions

10. Hearing of Deputations

Presentation Of Reports

11. Councillor Reports

Nil

Officers’ Reports

12. Executive Services

Nil

Agenda Scheduled Council Meeting 1

13.2 2023/2024 Quater 2 Forecast Review

Meeting Type: Scheduled Council Meeting

Date of Meeting: 26 March 2024

Category: Strategic

Author: Management Reporting Coordinator

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 is presented to Council to provide an update of Council’s financial performance and anticipated full year financial position based on developments over Quarter Two of this financial year.

Recommendation:

That Council approves the 2023/2024 Quarter 2 Forecast Review, including:

1. The decrease in the projected full year accounting surplus from $9.64m to $7.69m.

2. The increase in capital works expenditure by $1.53m to $36.97m.

3. The Environmental Upgrade Agreement quarterly statement.

Background

Council has completed its second quarter financial reporting process to manage and monitor its financial performance against the 2023/24 Budget.

Council's Quarter 2 Forecast Report indicates decreases to the Accounting Surplus of $1.95m and to the Adjusted Underlying Operating Result by $5.70m. This was primarily driven by a conservative restatement of forecasted operating grant funding relating to Financial Assistance funds which will still be received but may fall into the 2024/25 financial year, and increases to Materials and Services relating to Facilities Maintenance costs.

Council’s 2023/24 capital works expenditure has increased from $35.43m to $36.97m, a net increase of $1.53m, impacted by expansion to existing projects as well as additional funding received for new capital projects.

Implications

Financial/Economic Implications Quarter 2 Forecast Review:

The Chief Executive Officer is of the opinion that a revised budget is not required, pursuant to Secion 97(3) of the Local Government Act 2020.

Accounting surplus - Unfavourable Decrease:

Council’s forecasted Accounting Surplus decreased by $1.95m largely due to an accounting adjustment relating to operating grants. These funds will still be received however may not fall into the FY24 financial year.

The decrease in the Adjusted Underlying Operating Result is the result of movements in Cash Contributions; Operating Grants; Capital Grants; Other Revenue; Employee Benefits; Other Expenses; and Materials & Services.

Operating Grants, net decrease $3.83m:

• Reduction in expected Financial Assistance Grants due to uncertainty around the timing of payment and which financial year the funds will be recognised in, $4.29m (funds will still be received and may be added back to the current year as a gain in future periods).

• Increased grant funding relating to the Ovens & Murray Multicultural Area Partnership, $372k.

Capital Grants, net increase $3.75m:

• Increase in funding relating to Showgrounds, $1.6m. This favourable variance is attributed to newly secured, previously unexpected funding.

• Increase in funding relating to Prosecco Road, $837k. This favourable variance is largely due to previously unexpected funding.

• New grant funding relating to Murray to Mountains Trail Enhancement, $470k. This is new grant funding, which was not initially budgeted for.

• New grant funding relating to Federal Blackspot Program, $325k. This favourable variance is largely due to previously unexpected funding.

Materials and Services, net increase $1.71m:

• Increased Facilities costs resulting from an ongoing review of contract costs and significant price increases from suppliers. The adjustments from the original budget were made to better align expectations with invoices received, $500k.

• Carry overs relating to Detour Road Irrigation Pipeline, $294k.

• Increases to the Ovens & Murray Multicultural Regional Area Partnership, $218k. This Project had not been originally budgeted for.

• Increases to reactive Arboriculture works due to significant weather events affecting trees, $162k.

Contributions – Cash, net increase $1.06m:

• Increased developer contributions, $1.06m. This favourable variance is due to receiving previously unexpected developer contributions.

Other Expenses, net increase $751k

• Increase in WIP write-offs relating to the review of current projects ehere it was identified that items were not capital in nature and in recorded in a capital project $751k.

Employee Benefits, net increase $544k:

• Increased FTE for casual staff in Community Care to address increase in service provision due to increased funding ($160k). School Crossing Supervisor Program ($109k) mainly attributed to a reassessment of required hours, reflecting a more precise understanding of operational needs this program.

• Approval of Band 6 Safety role, $85k.

• Unfavourable increase in expenditure due to extension of Future Proof YACVIC, $48k

Other Revenue, net increase $271k

• Increased interest income due to higher than anticipated cash balances and interest rates, $150k.

Refer to the Income Statement in the Quarter 2 Forecast Review document (Attachment 1) for detailed commentary on the changes to Council’s 2023/24 projected position.

Capital Works

Council’s capital works expenditure has increased from $35.43m to $36.97m, a net increase of $1.53m. The increase can be attributed to the expansion of the Murray to Maintains Trail Enhancements ($470k), increased contractor costs relating to the Prosecco Road Masterplan ($346k), expenditure related to the additional funding for the Federal Blackspot program ($325k), expansion of organics processing facility ($200k) and Wangaratta Netball Courts ($117k).

Year-to-date delivery of the Capital Works Program is $17.75m, with a further $11.42m of commitments in place.

Balance Sheet

Council’s working capital is in a strong position at 319% due to a high cash position from grant funding received in advance.

The second rates instalment was due in November and rates receivables continue to progress well with outstanding rates for the year of $19m as of 31 January 2024.

Environmental Upgrade Agreements – Quarterly Statement

Environmental Upgrade Agreements provide funding for sustainability or climate adaptation building upgrades. Under these loans, a lender provides finance to the property owner for the upgrade and repayment of the loan is administered through Council rates.

Section 181G of the Local Government Act 1989 requires that Council prepares a quarterly statement in respect of Environmental Upgrade Agreements.

There are two active Environmental Upgrade Agreements in operation with a total value of $57,048.33. Charges due this year total $4,360.68. Total payments of $1,090.17 fell due this quarter, which were paid in full. The Balance outstanding at the end of the quarter is $45,892.52.

Legal/Statutory

In accordance with section 94 of the Local Government Act 2020 (the Act), Council must prepare a budget for each financial year. Additionally, section 101 of the Act requires Council to apply principles of sound Financial Management. Section 97 of the Act requires the Chief Executive Officer, at least every three months, to prepare a statement comparing the budgeted financial performance with the actual performance to date and present this report to Council.

Section 181G of the Local Government Act 1989 requires that Council prepares a quarterly statement in respect of Environmental Upgrade Agreements.

Social

Social benefits of the delivery of Council services and projects are outlined in the 2022/23 Budget and in the Council Plan 2021-25.

Environmental/Sustainability Impacts

Council budgets for and delivers several projects that support its Environmental Sustainability Strategy. Refer to the Council Plan 2021-25 for further details.

Strategic Links

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

1. Strengthening our Leadership

Undertake regular and transparent reporting against Council’s Adopted Budget.

Risk Management

Risk Management Framework

Risks	Likelihood	Consequence	Rating	Mitigation Action
Poor performance against budget	M	M	M	Regular monitoring and reporting of the budget position

Consultation/Communication

Consultation has been undertaken with Council Managers and the Corporate Management Team. Officers believe that appropriate consultation has occurred, and the matter is now ready for Council consideration.

Options for Consideration

1. That Council endorses the Quarter 2 Forecast Review report – recommended.

2. That Council advises of any changes to the Adopted Budget and proposes an alternative recommendation for changes to the 2023/24 Budget.

3. That Council endorses the Environmental Upgrade Agreement quarterly statement.

Conclusion

This report compares actual performance with Council’s 2023/24 adopted Q1 Forecast, adopted by Council on 31 October 2023. Council’s Quarter 2 Forecast Review continues to be based on the best estimates of the Organisation as to its financial outlook.

Attachments

1 2023-24 Quarter 2 Finance Report ⇩

Agenda Scheduled Council Meeting 1

14. Community and Infrastructure

14.1 Gambling Policy

Meeting Type: Scheduled Council Meeting

Date of Meeting: 26 March 2024

Category: Strategic

Author: Community and Recreation Coordinator

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 adopt the Policy to Reduce Gambling Harm and Strategic Plan to Reduce Gambling Harm following exhibition. These documents have been reviewed and amended based on feedback received during the exhibition period.

Based on feedback on current best practice, the Gambling Policy has been renamed to shift its focus to the reduction of harm from gambling, and the Action Plan has been incorporated into a Strategic Plan that formalises the directions and actions in the original Action Plan.

Recommendation:

That Council:

1. Endorse the changes to the Gambling Policy and Gambling Policy Action Plan, now presented as the Policy to Reduce Gambling Harm and Strategic Plan to Reduce Gambling Harm.

2. Adopt the Policy to Reduce Gambling Harm and Strategic Plan to Reduce Gambling Harm.

Background

Council committed to reducing rates of gambling amongst the community in its Council Plan (2.4.6) and Community Vision (I6), specifically 2.4.6.1 Develop a Gaming Policy to guide decisions relating to gaming and gambling within our community. This action is also a Municipal Health and Wellbeing Commitment.

The draft Gambling Policy and draft Action Plan documents were endorsed for exhibition at the 31 October 2023 Council Meeting. Exhibition was then extended until end of January 2024, and in February 2024 community members and organisations made public submissions to the Councillors.

Based on these submissions a number of changes have been made to the draft Policy, clarifying priorities, including a commitment to join the Alliance for Gambling Reform, and changes to the titles of both documents to the Policy to Reduce Gambling Harm and Strategic Plan to Reduce Gambling Harm. A summary of changes and the submissions made are attached to this document.

Implications

Policy Considerations

Council can approve or reject planning applications for new or additional Electronic Gaming Machines within Wangaratta through the Municipal Planning Scheme.

The development of this document is a commitment in the Municipal Health and Wellbeing Plan as part of our Council Plan

Financial/Economic Implications

While there are no direct financial implications from this policy, there is a commitment to join the Alliance for Gambling Reform, and a need to ensure staff capacity to deliver on the commitments within the plan.

Additionally spend on Electronic Gaming Machines (EGMs) in Wangaratta is at an all time high, with over $29k being spent per day. These costs, and the on-costs to gambling addiction, losses and harm, have a significant impact on the Wangaratta community.

Legal/Statutory

Gambling is a legal form of entertainment controlled by legislation.

Social and Diversity

Research indicates gambling losses are higher in areas of relative social economic disadvantage, indicating that arising harm impacts communities and individuals who are least able to cope or to recover.

Men in Victoria are more likely to be problem gamblers when compared to women. Men are more likely to use Electronic Gaming Machines than women.

Family violence is three times more likely to occur in families in which there is problem gambling than in families in which there are no gambling problems. Documented harm from problem gambling also includes suicide, depression, relationship breakdown, lowered work productivity, job loss, bankruptcy and crime.

For each person with a gambling problem, several others are affected. It is estimated that the harm experienced by each person categorised as a problem gambler in Victoria impacts between seven to 10 other people, most notably friends, families and employers

Equity Impact Assessment (EIA)

An Equity Impact Assessment was completed on this policy and is attached

Environmental/Sustainability Impacts

The action plan looks to improve the financial sustainability of clubs and organisations that depend on gambling or venues with gambling facilities as revenues.

Strategic Links

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

1. Nurturing our Wellbeing

2.4.6.1 Develop a Gaming Policy to guide decisions relating to gaming and gambling within our community.*

2.4.6.2 In collaboration with key community organisations, advocate to other levels of Government for best practice gambling regulation and policy reform that reduces the harms associated with gambling.*

2.4.6.3 Partner with local services, community leaders and community and business organisations to inform the community about the health risks of gambling.*

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

I6 Reduce rates of gambling amongst the community.

Risk Management

Risks	Likelihood	Consequence	Rating	Mitigation Action
Community may expect additional action to reduce gambling.	Unlikely	Minor	4-Low	Council has limited capacity to impact forms of gambling other than EGMs and the social policy outlined. Ensure that the context of working with partners and within the confines of the strategy is clear
Venues with EGMs or gambling may be concerned about partnerships with Council	Possible	Minor	5-Medium	Consultation with venues prior to going to draft was completed with the opportunity to give further feedback and caveats for the ways Council works with venues included

Consultation/Communication

During the Exhibition period there were a total of 22 submissions

Connect Wangaratta – 14 submissions, 3 that overlapped with direct submissions making a total of 11 unique Connect submissions

Direct submissions to council (email or letter) - 11

3 community members, and 2 community based organisations presented to council on their submissions in further details.

Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.

Options for Consideration

1. That Council adopt the Policy and Strategic Plan as presented

2. That Council request further changes to the documents

Attachments

1 Policy to Reduce Harm from Gambling ⇩

2 Strategic Plan to Reduce Harm from Gambling ⇩

3 Gambling Policy Submissions ⇩

4 Summary of Changes ⇩

5 Gender Impact Assessment ⇩

Agenda Scheduled Council Meeting 1

15. Sustainability and Culture

15.1 Planning Application 23/064 - 121 Templeton Street, Wangaratta - Demolition of an existing dwelling and associated outbuildings, buildings and works for the construction of two dwellings, 2-lot subdivision, vegetation removal and replacement of a front fence

Meeting Type: Scheduled Council Meeting

Date of Meeting: 26 March 2024

Author: Planning Coordinator

File No: IC24/207

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 inform a decision for Planning Application PlnApp23/064, which has been referred to Council for determination as the application received 5 objections.

The application seeks approval for the demolition of an existing dwelling and associated outbuildings, buildings and works for the construction of two dwellings, 2-lot subdivision, vegetation removal and replacement of a front fence at 121 Templeton Street Wangaratta. The key planning issues discussed relate to heritage impacts, neighbourhood character, amenity, and overdevelopment.

Having undertaken an assessment of the application against the Planning and Environment Act 1987 and the Wangaratta Planning Scheme and having considered public submissions to the proposal and responses from referrals, officers are of the view that the application is not consistent with the Wangaratta Planning Scheme. A full assessment is included at Attachment 1.

Recommendation:

That Council:

1. Issue a Notice of Refusal for the demolition of an existing dwelling and associated outbuildings, buildings and works for the construction of two dwellings, 2-lot subdivision, vegetation removal and replacement of a front fence at 121 Templeton Street Wangaratta, on the grounds contains in Attachment 1; and

2. Advises the applicant and submitters of the decision.

Property Details

Background

The application seeks approval for the demolition of an existing dwelling and associated outbuildings, buildings and works for the construction of two dwellings, 2-lot subdivision, vegetation removal and replacement of a front fence at 121 Templeton Street Wangaratta. The application is described in detail in the Officer’s Report at Attachment 1 and the proposed development plans at Attachment 2.

Aerial image of the subject site in context with the surrounding area

The subject site is located on the southern side of Templeton Street, immediately south of the private hospital. The subject site is a rectangular parcel of land with a land area of 883sqm. The site currently contains a single storey detached dwelling. A detailed description of the site and surrounds is included in the Officer’s Report at Attachment 1.

Streetscape image of the subject site (white dwelling with red iron sheeting roof) with neighbouring dwellings.

The application was referred to Council’s Heritage Advisor, who objected to the issue of a permit, due to height and visual bulk concerns that would detrimentally impact on the heritage character of the streetscape.

The application was advertised via letters to adjoining and surrounding landowners and occupiers. A total of 5 objections were received. The grounds of objection included:

· The proposal does not represent a sympathetic design response to the heritage streetscape and is inconsistent with the development pattern of the area.

· The proposal would detrimentally impact the heritage significance of contributory buildings adjacent to the site and would disrupt the heritage values of the streetscape.

· The proposal is an overdevelopment of the site and inconsistent with local policy seeking to limit infill development within the area.

Objections are discussed in more detail in the Officer’s Report at Attachment 1, including a summary of the issues raised and officer’s responses.

Summary of Key Issues

The key issues relevant to this application, including matters raised in objections, are as follows:

· The proposal is not consistent with state and local heritage policies of the Wangaratta Planning Scheme.

· The proposal is not consistent with the purpose and decision guidelines of the Heritage Overlay, particularly the HO16 precinct.

· The proposal is not consistent with the purpose of the Neighbourhood Residential Zone – Schedule 1 which seeks to protect single storey neighbourhoods.

· The proposal is not consistent with local strategic policies that identify the HO16 precinct and Neighbourhood Residential Zone – Schedule 1 area as a limited change residential area.

· The proposal has not demonstrated that safe parking and vehicle access can be achieved by the design.

Assessment under the Planning and Environment Act

A detailed assessment of the application against the relevant policies and provisions of the Wangaratta Planning Scheme and the Planning and Environment Act 1987 (the Act) is included at Attachment 1.

Planning Policy Framework, Zoning, Overlays, and Particular and General Provisions

Section	Clause	Provision
Planning Policy Framework and Municipal Planning Strategy	02.03-5 15.01-1S 15.01-2S 15.01-3S 15.01-5S 15.01-5L 15.03-1S 15.03-1L 16.01-1L	Built form and heritage Urban design Building design Subdivision design Neighbourhood character Neighbourhood character Heritage conservation Heritage places and precincts Housing supply
Zone	32.09	Neighbourhood Residential Zone – Schedule 1
Overlay	43.01	Heritage Overlay – HO16
Particular Provisions	52.06 53.01 55 56	Car parking Public open space contributions Two or more dwellings on a lot Residential subdivisions
Decision Guidelines	65.01	Decision Guidelines - Approval of an Application or Plan

Referrals

Advice from the following external authorities and internal Council units was sought in the assessment of the application:

Unit	Reason advice sought	Response
North East Water	Sewer and water capacity	Conditional consent
Technical Services	Access and drainage	Conditional consent
Heritage Advisor	Heritage comments	Objection

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/Economic 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 Diversity

There are no specific social or diversity impacts identified for the subject of this report. However the nature of the proposal and assessment may have indirect social and diversity 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

Environmental and sustainability matters considered in this report include overshadowing and sustainable design.

Strategic Links

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

4. Expanding our Economy

4.2 Support employment through business growth, development, and recovery

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

BB1 - Ensure new development is facilitated and does not conflict with existing land uses.

BB2 - Provide an efficient and effective permit system.

Risk Management

It is not considered that there are any relevant risks to Council beyond those associated with standard statutory process (such as any decision being appealed at VCAT).

Risk Management Framework

Risks	Likelihood	Consequence	Rating	Mitigation Action
Notice of Decision (NOD) Issued – Third party/objector appeal of decision or conditions at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT
NOD Issued – Applicant appeal of conditions at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT
Application Refused – Applicant appeal of decision at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT

Consultation/Communication

Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.

Public Notice

The application was advertised to adjoining and surrounding landowners and occupiers. 5 objections were received. The application was advertised in June/July 2023, with the last version of revised drawings (including at Attachment 2) circulated to all submitters in January 2024.

Options for Consideration

1. Issue a Notice of Refusal to Grant a Permit, subject to grounds as per recommendation.

2. Issue a Notice of Decision to Grant a Permit.

Conclusion

The application seeks approval for the demolition of an existing dwelling and associated outbuildings, buildings and works for the construction of two dwellings, 2-lot subdivision, vegetation removal and replacement of a front fence at 121 Templeton Street Wangaratta. The proposal has raised a number of matters for consideration and has resulted in a number of objections to the application, with the objections particularly focusing on how the proposal would detrimentally impact on the heritage values and character of the Templeton Street area.

Consideration and assessment of the application has been made against the Act and the Wangaratta Planning Scheme, and it is considered that the proposal is not an appropriate response to the purpose, objective, policies and decision guidelines relevant to this application. The proposal is located within an area designated for limited change, with identified heritage values for the streetscape. The proposal has not sought to appropriately and sympathetically respond to those identified heritage values and represents an overdevelopment of the site.

Council sought to provide design solutions that would assist in bringing the proposal in line with the heritage values of the precinct and streetscape, although these were not adopted by the proponent. Ultimately, the proposal represents a disorderly planning outcome within the Neighbourhood Residential Zone – Schedule 1 and Heritage Overlay (HO16). All submissions have been considered and the concerns are considered to have merit and strong enough to warrant a refusal of the application. It is therefore recommended that a Notice of Refusal is issued, subject to the grounds outlined at Attachment 1.

Attachments

1 Officer's Report - 121 Templeton Street Wangaratta ⇩

2 Proposed plans - 121 Templeton Street Wangaratta ⇩

Agenda Scheduled Council Meeting 1

15.2 Planning Permit Application 23/167 - 64 Grahams Lane, Hansonville - 2 Lot Re-Subdivision

Meeting Type: Scheduled Council Meeting

Date of Meeting: 26 March 2024

Author: Principal Planner

File No: IC24/291

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 inform a decision for Planning Application PlnApp23/167, which was called into Council for a determination on 05 February 2024.

The application seeks to re-subdivide two existing lots to effectively excise an existing dwelling at 64 Grahams Lane Hansonville. The key planning issues discussed relates to the protection of productive agricultural land, the fragmentation of agricultural land, the proliferation of dwellings in the Farming Zone and land use conflicts with rural lifestyle properties.

Having undertaken an assessment of the application against the Planning and Environment Act 1987 and the Wangaratta Planning Scheme, officers are of the view that the application is not consistent with the Wangaratta Planning Scheme. A full assessment is included at Attachment 1.

Recommendation:

1. The Council issue a Notice of Refusal for a 2-lot re-subdivision at 65 Grahams Lane Hansonville, on the grounds contained at Attachment 1; and

2. Advises the applicant of the decision.

Property Details

The application seeks approval for a 2-lot re-subdivision of the land at 64 Grahams Lane Hansonville. The application is described in detail in the Officer’s Report at Attachment 1 and the Planning Report forming part of the application at Attachment 2. A copy of the proposed plan of subdivision is included at Attachment 3.

The subject site is located on the western side of Wangaratta-Kilfeera Road. The subject site consists of two title allotments, with the land containing one dwelling. A detailed description of the site and surrounds is included in the Officer’s Report at Attachment 1.

The application was referred to Ausnet, Goulburn Murray Water and Council’s Technical Services Unit, who did not object to the application. Further, no objections were received to the application during the advertising period.

Summary of Key Issues

The key issues relevant to this application are as follows:

· Protection of agricultural land

· Fragmentation of agricultural land

· Proliferation of dwellings in the Farming Zone

· Land use conflicts with rural lifestyle properties

· Personal circumstances and long-term implications of the proposal

Assessment under the Planning and Environment Act 1987 and Wangaratta Planning Scheme

Planning Policy Framework, Zoning, Overlays, and Particular and General Provisions

Section	Clause	Provision
Planning Policy Framework and Municipal Planning Strategy	02.03-4 14.01-1S 14.01.01L 16.01-1L 16.014-3S	Agriculture Protection of agricultural land Dwellings and subdivisions in rural areas Housing supply Rural residential development
Zone	35.07	Farming Zone
Decision Guidelines	65.02	Decision Guidelines - Approval of an Application to subdivide land

Referrals

Authority / Department	Response
GMW	Conditional consent.
AusNet	Conditional consent.

Internal Advice

Department	Response
Technical Services	Conditional consent.

Implications

Policy Considerations

Financial/Economic 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 Diversity

There are no specific social or diversity impacts identified for the subject of this report. Personal circumstances outlined in the application are considered as part of this report and the officer’s assessment at Attachment 1.

Environmental/Sustainability Impacts

Environmental and sustainability matters considered in this report include wastewater management and waterway health.

Strategic Links

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

4. Expanding our Economy

4.2 Support employment through business growth, development, and recovery

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

BB1 - Ensure new development is facilitated and does not conflict with existing land uses.

BB2 - Provide an efficient and effective permit system.

Risk Management

It is not considered that there are any relevant risks to Council beyond those associated with standard statutory process (such as any decision being appealed at VCAT).

Risk Management Framework

Risks	Likelihood	Consequence	Rating	Mitigation Action
Notice of Decision (NOD) Issued – Third party/objector appeal of decision or conditions at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT
NOD Issued – Applicant appeal of conditions at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT
Application Refused – Applicant appeal of decision at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT

Consultation/Communication

Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.

Public Notice

The application was advertised to adjoining and surrounding landowners and occupiers. No objections were received.

Options for Consideration

1. Issue a Notice of Refusal as per recommendation.

2. Issue a Planning Permit.

Conclusion

The application seeks approval for a 2-lot re-subdivision to effectively excise the existing dwelling at 64 Grahams Lane Hansonville. The proposal has raised a number of matters for consideration including policy objectives of agricultural policy and the purpose of the Farming Zone, and that personal circumstances are immaterial to the assessment of any planning application.

Consideration and assessment of the application has been made against the Act and the Wangaratta Planning Scheme, and it is considered that the proposal is not an appropriate response to the purpose, objectives, policies and decision guidelines relevant to this application. The proposal is within an agricultural area and would result in the introduction of a rural lifestyle property that conflicts with the purpose of the zoning and the potential for the continuation and expansion of agricultural activities in the area.

Ultimately, the proposal cannot demonstrate compliance with the Wangaratta Planning Scheme and should not be supported. It is therefore recommended that a Notice of Refusal is issued on the grounds outlined in Attachment 1.

Attachments

1 64 Grahams Lane Hansonville - Officers report ⇩

2 64 Grahams Lane Hansonville - Planning Report (Applicant) ⇩

3 64 Grahams Lane Hansonville - Proposed re-subdivision ⇩

Agenda Scheduled Council Meeting 1

15.3 Planning Permit Application 23/201 - 352 Shanley Street, Wangaratta South - Use and development of an office and accommodation building ancillary to an existing rural store

Meeting Type: Scheduled Council Meeting

Date of Meeting: 26 March 2024

Author: Planning Coordinator

File No: IC24/292

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 inform a decision for Planning Application PlnApp23/201, which has been referred to Council for determination as the application received 21 objections.

The application seeks approval for the use and development of the land for an office and accommodation building ancillary to an existing rural store at 352 Shanley Street Wangaratta South. The key planning issues discussed related to land use compatibility, the nature of the rural store land use, traffic and amenity management, and potential environmental issues.

Having undertaken an assessment of the application against the Planning and Environment Act 1987 and 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.

Recommendation:

That Council:

1. Issue a Notice of Decision to Grant a Planning Permit for the use and development of the land for an office and accommodation building ancillary to an existing rural store at 352 Shanley Street Wangaratta South, subject to the conditions contained at Attachment 1; and

2. Advises the applicant and submitters of the decision.

Background

The application seeks approval for the use and development of the land for an office and accommodation building ancillary to an existing rural store at 352 Shanley Street Wangaratta South. The application is described in detail in the Officer’s Report at Attachment 1 and the proposed development plans at Attachment 2.

The subject site is located on the northern side of Shanley Street, approximately 240m from the intersection of Shanley Street and Warby Range Road. The subject site is a rectangular parcel of land with a land area of approximately 16ha, and currently contains four outbuildings on the land.

Two outbuildings are used for agricultural (land management) purposes, whilst two other existing structures are associated with the rural store (including a 6.1m x 2.4m cool room). The rural store is established on the land and operates to provide a cold storage function associated with a vermin control business that supports farming activities on other land. A detailed description of the site and surrounds is included in the Officer’s Report at Attachment 1.

The application was referred to Council’s Environmental Health Unit for comment on whether the existing septic system had capacity for the proposal. No concerns were raised, with conditional consent provided to the application.

The application was advertised via letters to adjoining and surrounding landowners and occupiers. A total of 21 objections were received. The grounds of objection include:

· Land use compatibility concerns with the existing rural store

· Ensuring that the accommodation is not used for personal purposes or associated with the motorcycle track

· Traffic management

· Amenity impacts from vehicles entering and exiting the site at night

· The legitimacy of the business

· Neighbourhood character

· Environmental concerns

Objections are discussed in more detail in the Officer’s Report at Attachment 1, including a summary of the issues raised and officer’s responses.

Summary of Key Issues

The key issues relevant to this application, including matters raised in objections, are as follows:

· Land use compatibility and suitability of the proposal within the Farming Zone, and close to sensitive land uses

· Traffic management

· Neighbourhood character

· Environmental considerations

Assessment under the Planning and Environment Act 1987 and Wangaratta Planning Scheme

Planning Policy Framework, Zoning, Overlays, and Particular and General Provisions

Section	Clause	Provision
Planning Policy Framework and Municipal Planning Strategy	02.03-4 13.07-1S 14.01-1S 14.02-2S 14.02-2L 17.01-1S 17.01-1R	Agriculture Land use compatibility Protection of agricultural land Water quality Water quality Diversified economy Diversified economy - Hume
Zone	35.07	Farming Zone
Decision Guidelines	65.01	Decision Guidelines - Approval of an Application or Plan

Internal Advice

Advice from the following Council units was sought in the assessment of the application:

Unit

Reason advice sought

Response

Environmental Health

Wastewater management and accommodation

Conditional consent

Implications

Policy Considerations

Financial/Economic 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 Diversity

Environmental/Sustainability Impacts

Environmental and sustainability matters considered in this report include wastewater management and waterway health.

Strategic Links

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

4. Expanding our Economy

4.2 Support employment through business growth, development, and recovery

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

BB1 - Ensure new development is facilitated and does not conflict with existing land uses.

BB2 - Provide an efficient and effective permit system.

Risk Management

It is not considered that there are any relevant risks to Council beyond those associated with standard statutory process (such as any decision being appealed at VCAT).

Risk Management Framework

Risks	Likelihood	Consequence	Rating	Mitigation Action
Notice of Decision (NOD) Issued – Third party/objector appeal of decision or conditions at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT
NOD Issued – Applicant appeal of conditions at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT
Application Refused – Applicant appeal of decision at VCAT	Possible	Minor	Low	Officer representation of Councils decision at VCAT

Consultation/Communication

Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.

Public Notice

The application was advertised to adjoining and surrounding landowners and occupiers. 21 objections were received. The application was advertised in December 2023 - January 2024, with the applicant’s response to objectors (including at Attachment 3) circulated to all submitters in February 2024.

Options for Consideration

1. Issue a Notice of Decision to Grant a Permit subject to conditions as per recommendation.

2. Issue a Notice of Refusal to Grant a Permit

Conclusion

The application seeks approval for the use and development of the land for an office and accommodation building ancillary to an existing rural store. The proposal has raised a number of matters for consideration and has resulted in a number of objections to the application, with the objections particularly focusing on how the proposal would be managed, the existing rural store and its compatibility with neighbouring dwellings, environmental considerations and amenity.

Consideration and assessment of the application has been made against the Act and the Wangaratta Planning Scheme, and it is considered that the proposal is an appropriate response to the purpose, objective, policies and decision guidelines relevant to this application. The proposal is within suitable zoning, is associated with an existing rural store that was established as of right and is suitably located within the subject site so as to avoid detrimental impacts to the waterway. Further, amenity concerns can be appropriately dealt with via buffer planting around the proposed building to screen the development from the neighbouring dwellings to the west and south.

Ultimately, the proposal represents a permissible use and development within the Farming Zone and meets the objectives of the relevant policies. All submissions have been considered and whilst many concerns raised have merit or are otherwise valid, they are ultimately not strong enough to warrant a refusal of the application. It is therefore recommended that a Notice of Decision to Grant a Planning Permit be issued with appropriate conditions, as outlined in Attachment 1.

Attachments

1 352 Shanley Street Wangaratta South - Officers Report ⇩

2 352 Shanley Street Wangaratta South - Proposed Plans ⇩

3 352 Shanley Street Wangaratta South - Applicant report ⇩

Agenda Scheduled Council Meeting 1

17. Advisory Committee Reports

17.1 Biannual Audit and Risk Report

Meeting Type: Scheduled Council Meeting

Date of Meeting: 26 March 2024

Author: Governance & Reporting Advisor

File No: IC24/525

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 note the Audit and Risk Committee’s Biannual Audit and Risk Report.

Recommendation:

That Council notes the Biannual Audit and Risk Report attached to this report.

Background

Biannual Audit and Risk Report

Section 54(5) of the Local Government Act 2020 (the Act) requires that the Audit and Risk Committee (the committee) prepare a biannual audit and risk report that describes the activities of the committee and includes its findings and recommendations.

To comply with this requirement, a biannual audit and risk report was produced for the period 1 July 2022 – 31 December 2022.

The attached biannual audit and risk report (Attachment 1) has also been presented at the 5 March 2023 Audit and Risk Committee meeting for endorsement. It is now presented to Council for noting.

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

Section 54(5) of the Act requires the Audit and Risk Committee to prepare a biannual audit and risk report and provide a copy of the biannual audit and risk report to the Chief Executive Officer for tabling at the next Council meeting.

The Act requires that the Chief Executive Officer must table the biannual audit and risk report at the next Council meeting.

Social and Diversity

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.

Conclusion

The completion and tabling of the Audit and Risk Committee Biannual Audit ensures that the committee complies with the requirements of the Local Government Act 2020 and that the committee’s activities can be monitored by Council.

Attachments

1 Biannual Audit and Risk Report - 1 July - 31 December 2023 ⇩

Date	Meeting details	Refer
5 December 2023	Audit and Risk Committee	Attachment
6 December 2023	Sport and Recreation Advisory Committee	Attachment
7 February 2024	Sport and Recreation Advisory Committee	Attachment
5 February 2024	Arts and Culture Advisory Committee	Attachment