1 August 2022

For more information and appendices for each item, view the Council Meeting Agenda above.

The below summary is unconfirmed until the Minutes of the August 1 Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies


3. Confirmation of Minutes

That the Minutes of the Scheduled Meeting of Council held on 4 July 2022 (7-0).

4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda

Cr Taylor Declared a Conflict of Interest in Item 7.5 and Cr Arnott Declared a Conflict in Item 7.7.

5. Mayoral Presentation

6. Public Question Time


This report reflects on the progress and achievements of a broad range of Activities and Initiatives set out in the Council Plan and Budget for the financial year 2021 –2022.

The activities and initiatives give a brief insight to the extensive range of works services and projects undertaken by the organization for the community.

The A&I’s underpin activities Council undertakes to work toward the vision 2021 - 2025 of “A thriving city at the heart of coast and country”.

The 5 key objectives that support this vision are:

1. We will be a healthy, inclusive and thriving community with equitable access to services, cultural opportunities and recreational activities.

2. We will protect and strengthen local ecosystems, enhance biodiversity and enable sustainable communities.

3. We will support a resilient local and self-sustaining regional economy that encourages economic growth and provides increased employment opportunities that attract ongoing investment.

4. We will provide high quality places that people value and want to live, work, play and learn in.

5. We will be recognised as a collaborative Council and a high-performing organization that enables positive outcomes for Warrnambool’s community, environment and economy and for Victoria’s Southwest.

Council supported the following recommendation (7-0):

That the Activities & Initiatives 2021 – 2022: April – June (Quarter 4), be received.


Council has been procuring telecommunications services from Telstra under the Victorian State Government TPAMS (Telecommunications Procurement and Management Strategy) contract.

TPAMS has expired. Victorian State Government has established a fresh panel of suppliers and established the Victorian Telecommunications Services (VTS) contract to replace TPAMS. This is a schedule of rates contract. There is no fixed sum.

Mobile communications is a key element required by Council. There are only two viable mobile communications providers operating in the Warrnambool area: Telstra and Optus. The Telstra service has been demonstrated to provide better throughput.

The value of fixed and mobile telephony procurement over the next three years, based on current usage patterns and device numbers is expected to be approximately $500,000. A saving of approximately $2,000 per month is expected compared to current expenditure by transitioning to the VTS contract.

Council supported the following recommendation (7-0):

1. That Council authorise the Chief Executive Officer to enter into a contract with Telstra Corporation Ltd for the provision of telecommunications services in accordance with the VTS Head Agreement schedule of rates contract [dated on or about 17 December 2021] as reported to Council with an initial term of three years and value of approximately $[0.5m] including GST (Contract).

2. That the Council authorise the Chief Executive Officer to complete the necessary actions required for the operation of this Contract including authorising any variation or extension available under the Contract which the Chief Executive Officer considers will continue to ensure best value for money for the services procured under the Contract.


Since structural issues were discovered with SWVLX buyers' walkways in October 2020, Council has continually considered the future needs of the yards with a detailed chronology of the history of the yards being presented on 26 April 2021. Councillors have continued to be overtly supportive of the role that the yards play for Warrnambool.

Further information was sought by Council for a desk top analysis of market forces affecting the saleyards and a second directions briefing was held at an informal meeting on 15 November 2021.

The direction was given at this meeting to proceed to test the market for the refurbishment of the yards including refurbishment of current structurally compromised elements and moving to the view of a design and construction tender of a new roofed area of the yards.

Those tender outcomes have been returned and are available for Council consider. To further aid Council in their final investment decision, they have been provided with a commercial analysis of paybacks on the capital investment required, economic analysis on the supply side of the industry, the detailed structural engineering reports for the extent of works to be rectified at the yards and the facilities draft Asset Management Plan.

The tender outcome is the first in a series of decisions Council is faced with. Each decision is quite complex and has significant impacts on a much-valued service.

No one decision is free from commercial, social or economic ramifications. The following are the key decisions facing Council:-

- The first and the key focus of this report is whether to let the tender and refurbish the yards to a commercially competitive level and extend the useful life of the facility; dependent on the outcome of that decision future decisions either arise or disappear.

- Refurbish the yards to a minimum standard to the life of the yards though leaving the facility less viable;

- Or explore an accelerated close of the yards and the implications for the industry locally.

Cr Blain Moved and Cr Arnott Seconded that Council writes to Bolden Constructions informing them that Council will not be letting the tender, that the tenderer be thanked for their excellent and comprehensive response to the tender, and that Council commence a stakeholder and community engagement exercise based on the implications of not committing to the upgrade works and the questions raised by the financial commitments required related to the long-term financial viability of the operation.

Council supported the Motion (4-3).


This report provides an expert review on the effectiveness of pedestrian priority works at the roundabouts within the City Centre to improve road safety and amenity of users. The following information has been provided in the Movement in the City Centre Evaluation Report – Refer Attachment 1.

This review is a result of Council seeking community and user feedback, where it was determined that there are varied community perceptions and experiences when using the City Centre pedestrian crossings -

- The Safe Systems roads safety audit advises that road safety at the City Centre Roundabouts has improved for all road users, in particular for people walking

- The Safe Systems road safety audit advises that there may be minor vehicle to vehicle collisions but with the low speed these would not result in injury

- Traffic Counts have determined that speeds in the City Centre Roundabouts are within the recommended safe speeds of less than 30km/hr

- The Traffic Flow analysis has found that the changes to the intersection to include pedestrian priority has only had a minimal impact to traffic capacity and operation of these intersections

- The reports and summary of surveys have been discussed at Council Informal meetings, with two issues raised for consideration. Improving the visibility of pedestrians at the crossings for approaching vehicles and increasing the directional signage to assist people to the off street car parks, where they can access the 1 free hour in the two hour zones.

Council supported the following recommendations (5-2):

1. That Council accepts the information provided, makes the report available to the public and maintains the current arrangements for Pedestrian crossings in the City Centre Roundabouts.

2. Maintain vegetation at crossing points to provide appropriate site distances and;

3. Develop a program of signage improvements to direct motorists to off street parking.


Council has received an application to use and develop the land known as 63 McKenzies Road Bushfield for a telecommunication facility. The proposal is to construct a 35m high monopole with a triangular headframe and nine attached panel antennas, all on a 5m x 5m concrete footing. The equipment would be contained in a secure compound, and an associated 3m x 2.4m building would house associated infrastructure. A new crossover and access would be required onto Hopkins Highway.

The application triggers a permit under the zone and a particular provision to both use and develop the land. The creation of the access onto the major arterial road also triggers a permit under a particular provision.

The application was subject to internal and external referrals, and was subject to public notice. As a result of notification, 17 submissions were received both in objection and support. Primarily in response to objections, amended plans were submitted with a new location closer to the highway.

Additional submissions were received as a result of re-notification, where the grounds of objection are primarily related to the visual and health impacts, while submissions in support outlined the need for the services the facility would provide.

A planning assessment should factor both positive and negative amenity impacts, and as a result of the assessment, the proposal has been shown to meet the requirements of the planning scheme and should be supported. Should support be confirmed, a Notice of Decision would be required as multiple objections have been sustained.

Cr Ziegeler Moved and Cr Blain Seconded that the planning application to use and develop land for a telecommunications facility 4G and 5G and access to a Transport Zone 2 be refused pursuant to Section 65 of the Planning and Environment Act 1987 on the following grounds:

- That the proposal does not respond to the decision guidelines under the Farming Zone including having an adverse impact on the character and appearance of the area

- That the proposal is not suitable in relation to the decision guidelines of Clause 52.19 of the Warrnambool Planning Scheme, most notably through the adverse effect of the proposal on the adjacent land.

- That the resultant use would not lead to net community benefit.

Council supported the Motion (6-0).


Council has received an application to subdivide the land known as 39 Ziegler Parade into nine separate lots. An existing commercial heritage building and an associated dwelling along the streetscape will be retained on their own prospective lots serviced by existing crossovers onto Ziegler Parade. Seven (7) additional lots would be created behind, where those would be serviced by a commonly owned accessway. The application triggers a permit under the zone and heritage overlay for subdivision, and again under the overlay for the demolition of a number of outbuildings to the side and rear of the commercial building.

The application was subject to internal and external referrals, and was subject to public notice. As a result of notification, 10 objections were received, where the grounds were primarily in relation to stormwater management and drainage, traffic considerations, density and neighbourhood character, and the current strained parking situation along the road reserve in front of the operating bakery.

The application has been assessed against the various applicable planning controls, and has found that the subdivision pattern, although unusual in the existing context of Allansford, is generally supported by planning policy, and meets the objectives of the scheme. If the application is supported, a Notice of Decision would be required as all objections have been sustained.

Cr Ziegeler Moved and Cr Paspaliaris Seconded that the planning application for a nine lot subdivision including the creation of a common property access way and demolition of existing outbuildings be refused pursuant to section 65 of the Planning and Environment Act 1987 on the following grounds:

- That the associated density is not in line with existing neighbourhood character as defined under the Planning Policy Framework and the Allansford Strategic Framework Plan.

- That the pattern of the subdivision does not lead to an appropriate spacing for buildings as per the decision guidelines of the Township Zone

- The adverse effect on other land which is a common means of drainage and the lack of available off-street parking and overall adverse impact on traffic management.

Council supported the Motion (7-0).


Council has received an application to use and develop the land known as 200 Tooram Road as a function centre. The proposal is to formalise ‘Stone Keepers Run’, which is currently run as a bed and breakfast, as a function centre catering primarily to weddings.

The proposal does not seek to develop the land or change the built form in any way, and would rely on existing amenities including the provision of temporary facilities as need requires.

The application triggers a permit under the Farming zone for use of the land, as well as under a particular provision relating to live music. The proposal also does not formally provide the required bicycle facilities under a particular provision, which requires a permit.

The application was subject to internal and external referrals, and was subject to public notice. As a result of notification, 12 objections were received, where grounds were primarily in regards to the proposed use being in conflict with surrounding agricultural uses.

If the application is supported, a Notice of Decision would be required as all 12 objections have been sustained.

Cr Ziegeler Moved and Cr Paspaliaris Seconded that the planning application for use of land for a function centre including live music and the waiver of bicycle facility requirements be refused pursuant to Section 65 of the Planning and Environment Act 1987 on the following grounds:

- That the proposed use is incompatible with adjoining and nearby land uses

- That the adverse impact of the use on the flora and fauna on the site and its surrounds

Council supported the Motion (5-1)


This report provides background regarding the development of a Business Case for a new Warrnambool Art Gallery. It provides a summary of some of the considerations relating to two suitable identified sites and a summary of the community engagement undertaken to date related to these two sites.

Council Arnott moved and Cr Taylor Seconded that a business case be developed using the Cannon Hill site for a new state-of-the-art regional gallery in Warrnambool.

Council supported the Motion (4-3)


This report contains the records of 1 Advisory Committee meeting:

1. Community & International Relations Advisory Committee – 31 May 2022 – refer Attachment 1.

2. Environment & Sustainability Advisory Committee – 30 June 2022 – refer Attachment 2.

Council received the report (7-0)


Section 80A(2) of the Local Government Act 1989 required the record of an Assembly of Councillors to be reported at an ordinary Council meeting.

Assembly of Councillor Records are no longer a requirement in the Local Government Act 2020 as of 24 October 2020. However, under Council’s Governance Rules, a summary of the matters discussed at the meeting are required to be tabled at the next convenient Council meeting and recorded in the minutes of that Council meeting.

The record of the following Informal Meetings of Council are enclosed:-

Monday 11 July 2022 – refer Attachment 1.

Monday 18 July 2022 – refer Attachment 2.

Monday 25 July 2022 – refer Attachment 3.

Council received the report with minor corrections (7-0)


Council received the report (7-0).

8. Notice of Motion

9. General Business

10. Urgent Business

11. Close of Meeting