- Agenda attachments February 3, 2025 (122.71 MB)
For more information and appendices for each item, view the Council Meeting Agenda above.
The below summary is unconfirmed until the Minutes of the Meeting are accepted by Council.
1. Opening Prayer & Original Custodians Statement
2. Apologies
None.
3. Confirmation of Minutes
That the Minutes of the Scheduled Meeting of Council held on 2 December 2024, be confirmed. (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. Warrnambool Foreshore Strategic Framework Plan
Council engaged REALM studios Pty Ltd in September 2023 to prepare the Warrnambool Foreshore Strategic Framework Plan (WFSFP).
The WFSFP provides a planning framework for the Warrnambool foreshore area, bringing together previous planning projects and providing an integrated vision for the precinct. The WFSFP will help inform long term strategic planning objectives and funding priorities.
The land in the Study area is Crown Land and Council is the appointed Committee of Management.
The plan was informed by a multi-stage community and stakeholder consultation process, existing conditions analysis, and issues and opportunities assessment.
The WFSFP will assist Council to make informed decisions in-line with State Government legislation, and State/Local Government policy, strategy and plans for any future works or land use activities.
All stages are now complete, and the Draft Warrnambool Foreshore Strategic Framework Plan was issued for review and feedback from the Project Working Group (PWG), Stakeholder Reference Group (SRG) and the Project Reference Group (PRG) including Eastern Maar, DEECA and GORCAPA.
The draft plan was released for public consultation, with a combination of online responses and written feedback received. A detailed response to the issues raised by submitters is attached.
Realm Studios presented the Final draft Framework Plan to Councillors at a briefing in September 2024. The recommendations have not yet been taken to an ordinary meeting. The plan continues to be recommended for adoption.
Recommendation is also made for Council to request authorisation from the Minister for Planning to prepare an associated planning scheme amendment, and once authorisation is received, to prepare and exhibit the amendment. The purpose of the planning scheme amendment is to introduce key principles from the plan into the planning scheme.
Council supported the following recommendations (6-1):
That Council
1. Adopt the Warrnambool Foreshore Strategic Framework Plan.
2. Pursuant to Section 8A of the Planning and Environment Act 1987, request authorisation from the Minister for Planning to prepare a planning scheme amendment to introduce relevant key principles from the Warrnambool Foreshore Strategic Framework Plan into the Warrnambool Planning Scheme.
3. Following authorisation from the Minister for Planning in accordance with Section 9 of the Planning and Environment Act, prepare and exhibit an amendment to the Warrnambool Planning Scheme to introduce relevant key principles from the Warrnambool Foreshore Strategic Framework Plan into the planning scheme.
7.2. Green Warrnambool Strategy 2024 Update
The Green Warrnambool Strategy consists of six pillars (Zero, Adaptable, Wise, Natural, Blue and Green) that outlines how council will achieve its vision of being the most environmentally sustainable regional city in Australia by 2040.
This report provides an update on each action and goal of Green Warrnambool outlined under immediate actions, 2026 goals and 2040 goals.
A status is given for each action and goal such as
o Unlikely to be achieved
o In review
o In progress
o 2026 goal reached
o To be started
o Now standard practice
o Completed
City Sustainability and Compliance staff continue to work with internal and external stakeholders, as well as the community, to complete the strategic goals.
Council supported the following recommendations (7-0):
That Council notes the progress of the implementation of the Green Warrnambool strategy.
7.3. Promotional Roundabout Banner Policy Review
The Promotional Roundabout Banner Policy is framed to allow Warrnambool City Council (WCC) directorates, community groups and organisations located in the Warrnambool Municipality and to promote their events through the display of appropriate advertising at specific roundabout locations, WCC is the single permitting authority.
The review and recommended changes to the policy include:
1. There are now 7 roundabouts available where previously there were 10. As poles were replaced at three roundabouts, they are not identical structures allowing banners to be fixed to them.
2. A maximum of 28 banners can now be displayed where previously it was 40.
3. New inclusion: (6a) Note: in times where there are spaces available WCC will install banners which promote Warrnambool and will endeavour to keep all banner spaces utilised. This may include promoting ‘I am Warrnambool’ or ‘What’s on in Warrnambool’ as examples to direct visitors and locals to sites where all events are listed. More generic promotional material for the city may also be utilised. These banners will be the first removed when an event is to be promoted and may be kept in place for longer than the maximum 2 weeks outlined above to ensure banner spaces are fully utilised.
4. New inclusion: (7) Confirmation is subject to availability.
5. Removed: Banners not collected within two weeks will be destroyed.
6. New inclusion: Banner advertising is to be prioritised to the promotion of events approved by the WCC Events & Promotion Team. In instances where banner spaces are empty/available and not booked for use please refer to No. 6 in General Information for WCC allowable use.
Council supported the following recommendation (7-0):
That Council adopt the Promotional Roundabout Banner Policy and it be made publicly available to user groups and placed on the WCC website.
7.4. S5 Instrument Of Delegation - Council To The Chief Executive Officer
This report seeks Council's resolution to delegate powers, duties, and functions to the Chief Executive Officer (CEO) as outlined in the attached Instrument of Delegation. Delegation of authority is essential for the efficient operation of Council, ensuring timely and lawful decision making processes. The proposed Instrument of Delegation incorporates minor administrative updates. Proper delegation mitigates legal risks and ensures compliance with the Local Government Act 2020.
The Instrument of Delegation has been reviewed and updated in consultation with Council officers and legal advisors, aligning with sector-wide practices and statutory requirements.
Council supported the following recommendations (7-0):
In the exercise of the power conferred by s 11(1)(b) of the Local Government Act 2020 (the Act), Warrnambool City Council (Council) resolves that:
1. There be delegated to the person holding the position, or acting in or performing the duties, of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in that Instrument.
2. The instrument comes into force immediately upon this resolution being made and is to be signed by the Council’s Chief Executive Officer and the Mayor.
3. On the coming into force of the instrument all previous delegations to the Chief Executive Officer are revoked.
4. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.
7.5. S11a Instrument Of Appointment And Authorisation (Planning And Environment Act 1987)
The purpose of this report is to seek Council’s endorsement for appointment of authorised officers under the Planning and Environment Act 1987 through the updated Instrument of Authorisation and Appointment (‘the instrument’). This is the result of recent personnel changes.
By authorising the relevant officers to perform their duties under the Planning and Environment Act 1987, Council will ensure these officers have the required authority to carry out their roles within legislated requirements.
Council supported the following recommendations (7-0):
Council resolves that:
1. The persons referred to in the instrument attached be appointed and authorised as set out in the instrument.
2. The instrument comes into force immediately upon the common seal of Council being affixed to the instrument and remains in force until Council determines to vary or revoke it.
3. The Instrument of Appointment and Authorisation (Planning and Environment Act 1987) dated 3 February 2024 be revoked.
4. The common seal of Council be affixed to the Instrument.
7.6. Quarterly Financial Report - October To December 2024
The Quarterly Financial Report compares actual financial results to budget and forecast for the three months from 1 October 2024 to 30 December 2024 (refer attachment).
The report sets out the financial results for Council’s recurrent (day-to-day) operations, projects, capital works, rates, and borrowings.
The report also recommends that Council reallocate the 2024-25 budget allocation from the Walter Oval Clubrooms project to the Friendly Societies Park project and include an allocation for the Walter Oval Clubrooms project in the 2025-26 budget.
An updated forecast was prepared in December resulting in a full year forecasted cash deficit position of ($0.2m). The net impact was a marginal movement to Council’s budgeted position.
The updated forecast shows that Council remains in a sound financial position.
Under section 97(3) of the Local Government Act 2020, The CEO is required to make a statement in the second quarterly statement of the year as to whether a revised budget is required. A revised budget for 2024-25 is not required.
The report meets the requirements of section 97 of the Local Government Act 2020 to present a quarterly financial report to Council at a public meeting that compares actual results against budget.
Council supported the following recommendation (7-0):
That the Quarterly Financial Report October to December 2024 be received.
7.7. ALGA & MAV Motions
Warrnambool City Council is preparing for active participation in two key forums in 2025: the Australian Local Government Association National General Assembly (NGA) and the Municipal Association of Victoria (MAV) State Council. These forums provide platforms to influence state and national agendas on issues critical to the community. The NGA, themed "National Priorities Need Local Solutions," will be held in Canberra from 24-27 June 2025, with motion submissions due by 31 March 2025. The MAV State Council will meet in Melbourne on 16 May 2025, with its submission deadline to be announced.
Two motions proposed for the NGA to address issues relating to the clean energy transition. Motion 1 advocates for the establishment of a uniform Community Benefit Fund to ensure consistent and equitable support for communities hosting renewable energy projects. Motion 2 proposes expanding the "Future Made in Australia" plan to incentivise regional living and training, fostering economic and social growth in communities hosting renewable energy infrastructure.
Three motions are proposed for the MAV state Council relating to issues surrounding flooding.
These call for certainty from the Minister in relation to appropriate sea level rise projections used in flood studies, improvements to the associated planning processes, and greater state funding for mitigation infrastructure.
Council supported the following recommendations (7-0):
That Council:
1. Submit the following motions to the Australian Local Government Association 2025 National General Assembly:
a) This National General Assembly calls on the Australian Government to establish a uniform Community Benefit Fund in each Australian municipality that hosts or directly supports large scale energy projects, to be administered by Local Government, and with mandatory contributions made by each developer; and
b) This National General Assembly calls on the Australian Government to expand the skills and training aspects of its ‘Future Made in Australia’ plan to better support workers who are willing to learn and live in the same region that they work.
2. Submit the following motions to the May 2024 meeting of the Municipal Association of Victoria State Council:
a) That the MAV seek a commitment from the Minister for Planning to update State guidance, including through Clause 13.01-2S, on appropriate planning for sea level rise at a consistent and agreed level;
b) That the MAV call on the State Government to further streamline the planning scheme amendment pathway via the flood-related amendments Standing Advisory Committee, or other process reform measures; and
c) That the MAV call on the State Government to establish and expand dedicated funding streams for flood mitigation works, ensuring local governments have the resources to implement critical infrastructure projects that reduce flood risk and protect communities.
7.8. Planning Application - PP20001-0100.01 - 1/37 Caroville Drive
Council has received an application to amend planning permit PP2001-0100 for the construction of eight additional units on the vacant portion of the land which fronts Baker Grove.
The site has been developed with 48 units as allowed by the current permit with the use aligning with the definition of a Residential Village.
The site is located within the General Residential Zone 1 and covered by no overlays.
Under Section 72 of the Planning and Environment Act, the use and current development on the land is not being reassessed as part of this amendment application.
The application was subject to public notice with eight (8) objections received. Grounds of the objections generally related to traffic and parking issues within Caroville Drive.
The application, including the grounds for objection, have been assessed against the relevant provisions of the Warrnambool Planning Scheme and on balance the amended permit application warrants support, where the Officer’s recommendation is that a Notice of Decision be issued subject to conditions.
New conditions have been included in the amended permit to address the functionality and operational nature of the new development, and it is considered the new conditions also address and mitigate the concerns of the objectors.
Existing condition 2 of the permit required the payment of a bond to council associated with the development/establishment of the car park and landscaping associated with the original development. As these works have been carried out as required the condition is no longer relevant and is therefore recommended to be deleted from the permit. A note would be included on the permit saying the condition was deleted as the requirement had been satisfied.
Council supported the following recommendation (5-2):
That Council having caused notice of Planning Application No. PP2001-0100.01 to be given under Section 52 of the Planning and Environment Act 1987 and or the planning scheme and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to determine to issue a Notice of Decision to Grant an Amended Planning Permit for PP2001-0100.01 under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as Lot 1 PS 446592 PSH WAN TSH WARR, 1/37 Caroville Drive, WARRNAMBOOL VIC 3280, for the use and development of 56 single storey units, a managers residence and communal facilities as per the endorsed plans, subject to conditions.
7.9. Upcoming 24/25 Large-Scale Procurement Under Civil Panel
The ongoing utilisation of the existing panel contract, Contract 2022026 – Register of Contractors Supporting Civil Infrastructure, ensures value-based and prompt completion of required works. The higher value of specific engagement identified within this report highlights the procurement requirements for CEO and Council approval of purchase orders.
Council supported the following recommendation (7-0):
That Council delegate authority to the CEO to award works under Contract 2022026 – Register of Contractors Supporting Civil Infrastructure limited only to the Koroit Street Road Rehabilitation Project.
7.11. 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:
Monday 9 December 2024 – refer Attachment 1.
Monday 16 December 2024 – refer Attachment 2.
Monday 20 January 2025 – refer Attachment 3.
Tuesday 28 January 2025 – refer Attachment 4.
Council supported the following recommendation (7-0):
That the records of the Informal Meetings of Council held on 9 and 16 December 2024 and the 20 and 28 January 2025, be received, with the addition that at the meeting on January 20, Cr Ziegeler declared a conflict in regards to the South Warrnambool Flood Study.
7.11. Mayoral & Chief Executive Officer Council Activities - Summary Report
This report summarises Mayoral and Chief Executive Officer Council activities since the last Ordinary Meeting which particularly relate to key social, economic and environmental issues of direct relevance to the Warrnambool community.
Council supported the following recommendation (7-0):
That the Mayoral & Chief Executive Officer Council Activities – Summary Report be received.
8. Notice of Motion
9. General Business
10. Urgent Business
11. Close of Meeting