The below summary is unconfirmed until the Minutes of the August 2 Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

None.

3. Confirmation of Minutes

Council confirmed the Minutes of the Scheduled Meeting of Council held on 5 July 2021 (7-0)

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

None.

5. Mayoral Presentation

6. Public Question Time

7.1 PLANNING APPLICATION PP2020-0137 - 70 YOUNGER STREET, WARRNAMBOOL

A planning application has been submitted to Council for a twenty (20) lot subdivision of land, including common property driveway and earthworks within the floodplain at 70 Younger Street, Warrnambool.

Public notice and referral has been carried out and seven (7) objections from surrounding property owners have been received.

The detail contained within the application is sufficient to enable Council to support the proposal against the relevant provisions of the Warrnambool Planning Scheme.

Council supported the following recommendation (4-3):

Having given notice of the application pursuant to Section 52(1)(a), (b) and (d) of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 Council decides to determine to issue a Notice of Decision (NOD) to grant a permit for application PP2020-0137 under the relevant provisions of the Warrnambool Planning Scheme in respect to the land known and described as 70 Younger St WARRNAMBOOL VIC 3280, for the Subdivision of Land into twenty lots, associated earthworks in accordance with the endorsed plans, subject to 42 conditions.

7.2. PROPOSED AMENDMENT TO THE WARRNAMBOOL PLANNING SCHEME – DEAKIN UNIVERSITY

Myers Planning Group (proponent) on behalf of Deakin University has requested Council prepare an amendment to the Warrnambool Planning Scheme to rezone the eastern-most part of their Warrnambool campus at 10635 Princes Highway, Warrnambool (the land) for educational purposes.

The amendment request proposes to rezone the land from the Farming Zone to the Public Use Zone 2 (Education) (consistent with the balance of the Deakin University Warrnambool campus), make minor updates to signage provisions, and include the entire Deakin University Warrnambool campus within Warrnambool’s urban settlement boundary.

Historically, the land has long been used for educational purposes associated with the Deakin University Warrnambool campus. The land is currently being developed as part of the Hycel Technology Hub – a regional cluster of expertise for researching, testing, optimising and scaling technologies that use hydrogen.

The proponent submits (refer to Town Planning Report at Attachment 1) that the amendment is required as the current zone regime and signage controls (under the Farming Zone) are not suitable. For example, the use of land for educational purposes is prohibited under the Farming Zone.

Deakin University currently relies on existing use rights and other planning scheme provisions, which do not provide certainty and confidence to the continued operation or expansion of the university.

It is considered that the amendment request and the proposed changes are reasonable and would facilitate the current operations and ongoing viability and growth of Deakin University, which is an important educational institution and employer in South West Victoria.

The proponent has also requested Council seek an exemption from the Minister for Planning in relation to public exhibition requirements in order to facilitate the Hycel Technology Hub in a more efficient manner (refer to Attachment 2). It is considered that the reasons for this request for an exemption would be reasonable as the amendment request is administrative in nature.

Council supported the following recommendations (7-0):

That Council

1. In accordance with Section 8A of the Planning and Environment Act 1987 (the Act) seek authorisation from the Minister for Planning to prepare a Planning Scheme Amendment to the Warrnambool Planning Scheme to:

a. Rezone land at Lots 1 & 2 LP 133034, 10635 Princes Highway, Warrnambool to the Public Use Zone 2,

b. Amend the schedule to the Public Use Zone to specify the addressed land (10635 Princes Highway, Warrnambool), excluding the sporting oval complex, as Category 2 Signage controls.

c. Delete the Specific Control Overlay.

d. Amend Clause 21.01 – Strategic Framework Plan, to reposition the Warrnambool urban settlement boundary to align with the eastern Deakin University boundary.

2. In accordance with Section 20(1) of the Act, request the Minister for Planning exempt Council from the need to give notice pursuant to Section 19(1)(b), 19(2) and 19(3) of the Act.

3. Following the authorisation of the Minister for Planning, proceed in accordance with Section 17 of the Act with the preparation of the Amendment.

7.3 WARRNAMBOOL PLANNING SCHEME AMENDMENT C204WARR - SIGNS POLICY

Planning Scheme Amendment C204warr proposes to implement a local policy direction on signs by implementing the recommendations of the Advertising Signage Policy – Background Report (2019).

The Amendment was placed on public exhibition between 25 February and 29 March 2021.

Council received one (1) submission to the Amendment C204warr, and referred the submission to an independent Planning Panel, appointed by the Minister for Planning, to consider.

The Panel Hearing for Amendment C204warr was held on 28 June 2021, and the Panel Report was received on 2 July 2021 (refer to Attachment 1).

It is recommended that Council accept the Panel recommendations and adopt Amendment C204warr, subject to the changes recommended in the Panel report.

Council supported the following recommendations (7-0):

That Council:

1. Consider the Panel report for Amendment C204warr to the Warrnambool Planning Scheme in accordance with section 27(1) of the Planning and Environment Act 1987, and adopts the Panel’s recommendations.

2. Adopts Amendment C204warr to the Warrnambool Planning Scheme in accordance with Section 29(1) of the Planning and Environment Act 1987, incorporating the changes to Amendment C204warr recommended by the Panel.

3. Submits Amendment C204warr to the Minister for Planning for approval in accordance with Section 31(1) of the Planning and Environment Act 1987.

7.4 DOMESTIC ANIMAL PLAN UPDATE

Council is required to update its Domestic Animal Management Plan (The Plan) annually as prescribed under the domestic Animals Act 1994 legislation (The Act). Every 4 years the Plan must be released for public comment prior to being adopted by Council.

The Plan will be released for community feedback for a period of 28 days before being presented to Council for adoption.

Council should note the efforts that local laws officers have made to reduce the animal numbers taken to the pound by returning animal's home. Returning pets assists reducing the euthanasia rates. Despite an initial spike in nuisance, attacks and dogs at large when the Covid pandemic commenced data has returned to a consistent level.

The Plan highlights the other work that local laws staff undertake around education and compliance and animal registration notification and compliance.

All dogs and cats must be registered with Council by April 10th every year. Council officers go to considerable lengths to remind pet owners of their legal obligation to register or renew their animal's registration by this date.

Renewal notices are posted to the registered address, reminders are sent along with newspaper adverts undertaken, social media adverts and text messages sent to registered phone numbers.

Due to financial hardship during the pandemic, registration payment plans have been made available this year. Random checks will be undertaken, or if the animal is unregistered and found at large, infringements will be issued.

Council supported the following recommendations (7-0):

That Council:

1. That Council notes the updated Domestic Animal Management Plan.

2. That Council authorises the Plan to be released for public comment for a period of 28 days.

7.5. ROAD MANAGEMENT PLAN REVIEW 2021

The Road Management Act (2004) provides the opportunity for Councils to develop a Road Management Plan to establish a management system to prioritise road functions. The Road Management Plan is based on Council’s policy and operational objectives and sets relevant standards in relation to Council’s road management function.

A review of Warrnambool City Council’s Road Management Plan (April 2017 version) has been undertaken by Council officers.

It is proposed that the Road Management Plan be amended in accordance with the recommendations provided - Refer Attachments 1, 2 and 3.

In accordance with the Road Management (General) Regulations (2016), Road Management Act (2004) and the Local Government Act (2020), Council have conducted a 28 day public consultation period on the Warrnambool City Council Website and Victorian Government Gazette, to which Council received no submissions.

Council supported the following recommendation (6-1):

That Council adopts the updated Draft Road Management Plan (2021) for implementation.

7.6 COMMUNITY HOUSING TRANSFER UPDATE

Council entered into a joint venture with Housing Victoria to run an expression of interest process to seek submissions from registered Housing Agencies to accept the properties and to maintain the same number of properties in Warrnambool and where possible increase the housing stock by redeveloping appropriate sites.

The expression of interest process yielded submissions from 6 housing agencies.

All submissions offered an increase in the housing stock available to low-income earners in Warrnambool subject to the eligibility criteria. By redeveloping some large lot existing sites multiple dwellings may be constructed. This also provides opportunities for local builders and contractors to benefit from increased development opportunities.

An assessment panel has been established with two members from Council and two members from Housing Victoria. From the submissions received, two agencies were shortlisted for interview.

Following the interview process an alternative registered housing provider was selected as the most appropriate provider on the basis of having a strong and established presence in Warrnambool for tenant support, the commitment to fund an increased housing stock in Warrnambool for low-income tenants and the realistic development proposals to gain funding and planning approval.

The properties have been declared surplus to requirement and public submissions will be sought for not less than 28 days as required under the Local Government Act 2020 regarding the proposed disposal of the properties.

Any submissions received will be presented to Council for consideration, seeking approval for the properties to be conveyed to the preferred registered housing provider.

Council supported the following recommendations (7-0):

That Council resolves to seek public submissions, for a period of not less than 28 days as required under the Local Government Act 2020, for thirteen residential properties as follows:

2 Vickers Dr WARRNAMBOOL VIC 3280 Part Lot 3 LP219209

137 Morriss Rd WARRNAMBOOL VIC 3280 Part Lot 3 LP219209

45 Merrivale Dr WARRNAMBOOL VIC 3280 Lot 8 PS328666P

41 Merrivale Dr WARRNAMBOOL VIC 3280 Lot 6 PS328666P

23 Mckiernan Rd WARRNAMBOOL VIC 3280 Lot 13 LP209862

15 Mckiernan Rd WARRNAMBOOL VIC 3280 Lot 9 LP209862

84 Landmann St WARRNAMBOOL VIC 3280 Lot 1 LP147261

82 Landmann St WARRNAMBOOL VIC 3280 Lot 1 LP147260

2/14 Henry St WARRNAMBOOL VIC 3280 Part Lot 14 PS345485W

1/14 Henry St WARRNAMBOOL VIC 3280 Part Lot 14 PS345485W

12 Henry St WARRNAMBOOL VIC 3280 Lot 41 PS336931B

8 Henry St WARRNAMBOOL VIC 3280 Lot 2 PS329667G
2 Granter St WARRNAMBOOL VIC 3280 Lot 1 LP201047

7.7 ADVISORY COMMITTEE/REFERENCE GROUP REPORTS

This report contains the record of one Reference Group meeting.

  • Cycling Reference Group – 21 April 2021 – refer Attachment 1.

Council supported the following recommendation (7-0):

That the record of the Cycling Reference Group meeting held on 21 April 2021 be received.

7.8 INFORMAL MEETINGS OF COUNCIL REPORTS

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:-

  • Thursday 24 June 2021 – Refer Attachment 1
  •  Monday 12 July 2021 – Refer Attachment 2
  •  Monday 19 July 2021 – Refer Attachment 3
  • Monday 26 July 2021 – Refer Attachment 4

Council received the report with the correction of the time for the July 19 meeting. (7-0).

7.9 MAYORAL & CHIEF EXECUTIVE COUNCIL ACTIVITIES – SUMMARY REPORT

Council received the report (7-0).

8. Notice of Motion

9. General Business

10. Urgent Business

11. Close of Meeting