Monday 4 August 2025

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 7 July 2025 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. PP2023-0133 - 93 Nicholson Street

Council has received an application to develop the land known as 93-97 Nicholson Street, Warrnambool with 12 dwellings and subdivide into 12 lots and common property.

The application triggers a planning permit under the General Residential zone for the construction of two or more dwellings on a lot and has been assessed against clause 55 provisions that were relevant prior to amendment VC267.

The application underwent numerous amendments (originally being a 14 dwelling proposal) and three rounds of public notice where a combined total of 12 objections were received.

The application and concerns raised by objectors have been considered against all of the relevant provisions of the Warrnambool Planning Scheme and it has been deemed that on balance the application warrants support, where the Officer’s recommendation is that a Notice of Decision to issue a permit be issued subject to conditions.

Council supported the following recommendations (7-0):

That Council:

having caused notice of Planning Application No. PP2023-0133 to be given under Section 52 of the Planning and Environment Act 1987, and having considered all the matters required of the Planning and Environment Act 1987 decides to grant a Notice of Decision to Grant a Planning Permit under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as 93 – 97 Nicholson Street WARRNAMBOOL

3280, S2 & S3 on PS636480L, for the construction of 12 dwellings and 12 lot subdivision of the land, in accordance with the endorsed plans, subject to conditions.

7.2. PP2024-0205 - 3 Oceanex Close

Council has received an application to develop the land known as 3 Oceanex Close, Warrnambool with a dwelling and fencing.

The application triggers a planning permit under the Design and Development Overlay – Schedule 13 (DDO13), the Significant Landscape Overlay – Schedule 1 (SLO1), and the Land Subject to Inundation Overlay (LSIO) for the construction of a building (dwelling) and the construction and carrying out of works (fencing).

The application was referred to the Glenelg Hopkins Catchment Management Authority (GHCMA) as a ‘recommending’ authority under section 55 of the Planning and Environment Act 1987 based on the subject site being located within a Land Subject to Inundation Overlay (LSIO). The GHCMA objected to the proposed development based on consideration of the best available flood-related data which is contained within the 2024 South Warrnambool Flood Investigation primarily on the grounds of adding fill in the flood plain which reduces storage capacity and the site having no safe access during a flooding event.

The application has been considered against all of the relevant provisions of the Warrnambool Planning Scheme and it has been deemed that on balance that the application should be refused.

Cr Jellie Moved and Cr Arnott Seconded an Alternate Motion:

That Council determined not to give notice under section 52 of the Planning and Environment Act 1987 and having considered all the matters required under section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a planning permit for the construction of a dwelling and fencing under the relevant provisions of the Warrnambool Planning Scheme in respect of the land known and described as Lot 20 PS 904859R, 3 Oceanex Close WARRNAMBOOL VIC 3280.

And that this alternate motion is inclusive of the grounds of the amendment and conditions that have been distributed to all Councillors, so that they are clear of its entirety.

Council supported the Alternate Motion (7-0)

7.3. Debt Management Policy 2025

This report outlines the considerations and proposed changes to the Council’s Debt Management Policy, with a focus on ensuring compliance with updated financial hardship legislation and improving the overall debt recovery framework. The review was undertaken to ensure the policy reflects current legislative requirements, promotes fair and transparent processes, and incorporates best practice recommendations from Council’s legal recovery agency.

Council supported the following recommendations (7-0):

That Council:

1. Revoke the Debt Management Policy 2020.

2. Adopt the attached Debt Management Policy 2025.

7.4. Creative Warrnambool Strategy 2025 – 2029

The Creative Warrnambool Strategy is the city’s first creative strategic plan. It is designed to support the growth of Warrnambool’s creative enterprise and prioritise initiatives that foster a diverse and vibrant creative sector. This foundational strategy aims to establish a solid base for growth, with the expectation that future versions will build upon its activities and vision.

Consultation on the draft strategy took place from 3 June until 24 June. Nineteen respondents completed the survey. Twelve respondents have provided feedback or comments for consideration.

Overall feedback was positive and supportive of the strategy, with no objections made.

The projects outlined in the strategy represent an achievable and measurable plan for Council to contribute to the city’s cultural development over the next four years.

Council supported the following recommendation (7-0):

That Council adopt the Creative Warrnambool Strategy 2025-2029.

7.5. Joint Reseal Contract 2025/26 & 2026/27

Both Corangamite Shire Council (CSC) and Warrnambool City Council (Council) have programs to undertake bitumen sealing works each year, as part of our road asset management plans and annual road maintenance activities.

Both CSC and Council’s programs contain very similar scopes and are typically undertaken by specialist contractors. Accordingly, a collaborative approach to the procurement of these works provides a greater opportunity to achieve efficiencies through economies of scale.

Council resolved on 3 July, 2023 to enter into its seventh Infrastructure Contributions Agreement for 2023/2024 and 2024/2025 Bitumen sealing works with CSC.

CSC entered into a contract with Inroads Pty Ltd on behalf of Council to deliver sealing works for the 2023/24 and 2024/2025 financial years.

It is proposed that a Bitumen Sealing Works Agreement is made with CSC, for the management and delivery of the 2025/2026 and 2026/2027 Bitumen Sealing Programs. The total value of a two-year resealing contract is estimated at $1.5m.

Council supported the following recommendations (7-0):

1. That Warrnambool City Council enters into a Joint infrastructure Contributions Agreement with Corangamite Shire Council for the 2025/2026 & 2026/2027 bitumen sealing works.

2. That Corangamite Shire Council is appointed as an agent of Warrnambool City Council for the purpose of procuring the works under the 2025/2026 & 2026/2027 agreement.

3. That the Chief Executive Officer is delegated authority to sign and seal (execute) documents for the 2025/2026 and 2026/2027 bitumen sealing Joint infrastructure Agreement.

4. That the Chief Executive Officer is delegated authority to accept or reject the tender recommendations from Corangamite Shire Council for bitumen sealing works, following advice from the relevant officers.

7.6. 2025/26 Community Development Fund

Council received twenty-eight (28) applications for the Community Development Fund 2025/26 program, requesting $132,128.

Of the twenty-eight (28) applications, two (2) were withdrawn before assessment, and one (1) application was not supported.

This report recommends $121,147 be allocated to all twenty-five (25) eligible groups under the Community Development Fund 2025/26 program.

Council supported the following recommendations (7-0):

1. That Council approve funding to twenty-five groups for $121,147 under the Community Development Fund 2025/26 Program.

2. Advise all applicants of the outcome of the assessment process and where applicable, any conditions associated with the grant.

3. Approve the roll-over of unspent funds from 2025/26 Community Development Fund being $22,524 to the following financial year.

7.7. Festivals And Events Grant Program

The Events and Promotions Branch has allocated funding and administers the Festivals and Events Grant Program in support of events in Warrnambool that deliver upon the strategic priorities of the Warrnambool Event Strategy. The total funding allocation for 2025/2026 is $200,000.

Council received twenty-eight (28) applications with a total $231,278 requested for the Festivals and Events Grants and Partnerships Program 2025 / 2026.

Of the 28 applications, 6 were deemed ineligible and did not meet the funding criteria, 14 are recommended to be fully funded and 8 are recommended to be partially funded.

Out of the 22 recommended events, 3 have not received event funding previously.

The 22 recommended events total $190,844.

No applications were received for the Business Events Stream.

Of the recommended events to support, 6 will take place in Summer, 5.5 Autumn, 2 Winter and 8.5 in Spring.

The Festivals and Events Grant Program process, managed through the Smartygrant system, within transparent and equitable guidelines and processes, provides a mechanism for the allocation of the funding to be allocated across the various funding streams.

Applications Deemed Eligible

Council supported the following recommendations (7-0):

That Council:

1. Approves the allocation of $190,844 to be allocated to the 22 eligible events under the Festivals and Events Grants and Partnerships Program 2025/2026 program.

2. The remaining $9,156 to be used to fund other events that request support during the year.

3. Requests that all applicants be advised of the outcome of the assessment process and the Council guidelines associated with the grant.

7.8. Brierly Sports And Community Hub Amended Plans

The Brierly Sports and Community Hub will provide community infrastructure for the existing and growing north east corridor of the City. It has been a priority for Council for several years with most recently a Business Case developed to provide an evidence base on the demand for the facility and support funding opportunities.

The Brierly Sports and Community Hub was unsuccessful in obtaining funds via the grant application submitted to the Federal Government's growing Regions Fund Round 2.

Following this unsuccessful submission and feedback from Council, the plans for the Brierly Sports and Community Hub Business Case have been reviewed and to reduce the size and scale of the facility and the option to consider a staged approach to deliver the sports facility initially, before progressing to develop the adjacent community hub.

The most recent plans for the development in the East of Aberline precinct, including the proposed community infrastructure, have been taken into account in the revised preliminary assessment and design updates.

Tenant clubs at the Brierly Recreation Reserve are continuing to use Council funded temporary portable buildings as a basic amenity for changing spaces, whilst experiencing significant growth since the redevelopment of the sports ground, noting that no social spaces are available on site.

Council supported the following recommendations (7-0):

1. That Council revokes previous resolution to endorse concept Option No1.

2. That Council endorse concept Option 3 to inform future design and development and finalisation of the business case.

3. That Council supports the submission of a funding application to the Regional Precinct and Partnerships Program and any other Funding programs that may arise hereafter.

7.9. Road Management Plan Review

The Road Management Plan establishes a management system for Council for the discharge of its duty to inspect, maintain and repair its public roads based on policy and operational objectives as well as available resources.

The Road Management (General) Regulations 2016 (Vic) require Councils to conduct a review of its Road Management Plan in accordance with section 90(3) of the Local Government Act 2020 (Vic).

This requires the review of the Road Management Plan to be completed, and the revised Plan adopted by 31 October in the year following a general election.

As part of the Road Management Plan review process, where amendments are proposed to be made, the document must be made public and allow for submissions for a period of not less than 28 days.

An internal review of Warrnambool City Council’s Road Management Plan (June 2021 version 6.00) has been completed with minor additions to the document proposed to allow for improved clarity and is presented to Council to endorse to enable it to go out for the required public submission period.

Council supported the following recommendation (7-0):

That Council endorses the draft Road Management Plan 2025 to be put out for community consultation and allow for public submissions on the draft for a period of 28 days.

7.10. Council Plan Actions 2024 - 2025: April - June (Quarter 4)

This report provides information on the progress in achieving the actions set down for 2024-2025 as part of the Council Plan and Budget process. This report provides Council and the community with an update on the progress of actions across Councils' functional areas.

Council supported the following recommendation (7-0):

That the Council Plan Actions 2024 – 2025: April – June (Quarter 4), be received.

7.11. Advisory Committee & Reference Group Reports

This report relates to the Cycling Reference Group (CRG) meeting, held Wednesday, 2 July 2025, with a range of items discussed.

Key items from the meeting include discussion on the East Warrnambool Local Area Traffic Management (LATM) Plan, the endorsed CRG work plan, and the review of upcoming and potential capital projects.

Council supported the following recommendation (7-0):

That the record of the Cycling Reference Group meeting held on Wednesday, 2 July 2025, be received.

7.12. 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:

1. Monday 14 July 2025

2. Monday 21 July 2025

3. Monday 28 July 2025

Council supported the following recommendation (7-0):

That the record of the Informal Meetings of Council held on 14, 21 and 28 July 2025 be received.

7.13. 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. Suspension Of Standing Orders

11.1. Resolution To Suspend Standing Orders

11.2. Resume Standing Orders

12. Section 66 Confidential Meeting

13. Resolution To Re-Open Meeting

14. Close Of Meeting