Monday 4 December 2023

Meeting Date:
Supporting Documents:

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

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

1. Opening Prayer & Original Custodians Statement

2. Apologies

Cr Arnott

3. Confirmation of Minutes

That the Minutes of the Scheduled Meeting of Council held on 6 November 2023, be confirmed (6-0).

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

Cr Ziegeler Declared a Conflict in Item 7.7.

5. Mayoral Presentation

6. Public Question Time


With endorsement from Council in June 2023, a deliberative engagement with the Warrnambool community and the residents of West Warrnambool was initiated to discuss the concept proposal of constructing the West Warrnambool Neighbourhood House (WWNH) at Pecten Avenue Park.

The deliberative engagement process revealed near-unanimous support for the need and establishment of a Neighbourhood House in West Warrnambool, a strong level of support for Pecten Avenue Park as the proposed location, and no specific mitigating factors that could not be appropriately managed in relation to the Pecten Avenue Park location. Two issues identified by the community were around parking provisions and security of the neighbourhood house. These will be addressed during the detailed design phase.

Council supported the following recommendations (6-0):

That Council:

1. Endorses the construction of the West Warrnambool Neighbourhood House at Pecten Avenue Park.

2. Endorses the release of a tender for the construction of a prefabricated modular building at Pecten Avenue Park through the $500,000 allocated in the Council budget 2023-24.


Warrnambool City Council’s policy framework is being reviewed for both completeness and currentness. Recently the Executive Management (EMT) team reviewed policies that had been due for review since 2019 or prior for any that were redundant.

Three policies are being recommended for revocation: the Warrnambool Art Gallery Exhibition Policy, the Affordable Housing Policy, and the Audio Recording of Meetings Policy.

Council supported the following recommendation (6-0):

That Council:

1. Revoke the Warrnambool Art Gallery Exhibition Policy

2. Revoke the Affordable Housing Policy

3. Revoke the Audio Recording of Meetings Policy

4. Revoke the Promotional Signs on Highways Policy

5. Revoke the Assistance to Individuals or Groups Participating in National or International Events or Activities Policy


A draft Public Art Policy has been developed to guide the procurement and installation of Public Art across Warrnambool City.

This policy provides guidance to Council on commissioning, acquiring, documenting, maintaining, and decommissioning of public art. The policy relates to public artworks owned or held in custodianship by the Warrnambool City Council and new or proposed public artworks created using Council resources. It applies to public artworks created by external parties on Council owned or managed property, and to private or commercial property used for public art in partnership with Council.

By adopting this public art policy, Warrnambool City Council aims to improve local outcomes in asset management, community connection, tourism, public safety, civic responsibility, care for the environment, increased levels of use and general community confidence.

Council supported the following recommendation (6-0):

That Council endorse the Warrnambool City Council Public Art Policy 2023.


This report considers Councillor representation on the various Council Advisory Committees and external bodies with which Council is associated for the period 4 December 2023 to 26 October 2024.

Council supported the following recommendation (6-0):

  1. That the following Councillor representatives and delegates to the Advisory Committees and external committees for the period 4 December 2023 to 26 October 2024 be approved and that relevant advisory bodies and external committees be advised accordingly:
  • SouthWest Victoria Alliance - Mayor, Cr. Blain
  • Municipal Association of Victoria - Mayor, Cr. Blain
  • Regional Cities Victoria - Mayor, Cr. Blain
  • Great Ocean Road Regional Tourism Board - Cr. Arnott
  • Audit & Risk Committee - Mayor, Cr. Blain and Cr. Paspaliaris
  • Chief Executive’s Employment Matters Committee – All Councillors
  • Community & International Relations Advisory Committee - Cr. Akoch
  • Economic Development and Tourism Advisory Committee - Cr. Taylor and Cr. Jellie
  • Environment & Sustainability Advisory Committee - Cr. Ziegeler
  • Planning Advisory Committee - Cr. Paspaliaris
  • Bicycle Users Reference Group - Cr. Paspaliaris
  • Warrnambool Airport Reference Group - Cr. Taylor
  • CCTV Steering Committee - Cr. Arnott and Cr. Paspaliaris

2. That due to the closure of the South West Victorian Livestock Exchange, the South West Victorian Livestock Exchange Advisory Committee be discontinued.


Council has received an application to approve the construction of five (5) dwellings and a car parking reduction (visitor parking space) on two existing residential lots in the General Residential Zone. The development will follow the demolition of the existing dwellings and outbuildings that are currently located on the land. Four (4) of the dwellings will comprise two (2) storeys and contain three (3) bedrooms and one (1) dwelling will be single storey in design and contain two (2) bedrooms.

The application was subject to public notice, which resulted in eight (8) submissions, all in objection to the proposed development. Grounds of objection were in relation to the intended use of the dwellings for public housing, safety concerns and increase in crime, the development not being in character with the surrounding residential area, overdevelopment of the land with a bulky ‘high’ density built form, adverse impacts of overshadowing, overlooking and loss of privacy, adverse traffic and parking impacts with more vehicles using Henry Street, insufficient car parking, increased demand in on-street parking and no footpaths along Henry Street limiting walkability to and from the development. One objector raised a concern about the waste created by the removal of the existing buildings from the site and one objector raised concerns about their front yard opposite the development being overlooked. Decreases in property values were a concern raised by the majority of the objectors.

The application has been assessed against the relevant planning controls, and the assessment has found that proposed development is supported by planning policy, and meets the objectives of the Planning Scheme subject to three minor variations to ResCode Standards and conditions including two changes to the plans.

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

Council supported the following recommendation (5-1):

That Council, having caused notice of Planning Application No. PP2022-0200 to be given under Section 52 of the Planning and Environment Act 1987 and or the Warrnambool Planning Scheme, and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 should issue a Notice of Decision declaring an intent to grant a permit under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as Lot 41 PS 336931B & Lot 14 PS 345485W, 12 & 14 Henry St WARRNAMBOOL VIC 3280, for the construction of five (5) dwellings and a car parking reduction (visitor parking space) in accordance with the endorsed plans, subject to conditions.


Lake Pertobe holds significant potential for Integrated Water Management options within the highly regarded open space and site characteristics.

The draft plan has been developed in collaboration with Council staff, Eastern Maar Aboriginal Corporation, Glenelg Hopkins Catchment Management Authority, Wannon Water and Southern Rural Water.

The following opportunities have been outlined in this draft plan;

- Water Quality Improvement

- Multi Benefit Basin

- Lake Links and Levels

- Stormwater Irrigation

- Education and Value of Water

- Water Recreation

- Roof Water to Aquifer Recharge

- Catchment Permeability and Aquifer Recharge

The community, interested parties and adjoining land holders will have the opportunity to provide comment on the draft plan and any feedback will inform the final Lake Pertobe IWM Plan.

Council supported the following recommendation (6-0):

That Council receive the draft Lake Pertobe Integrated Water Management Plan and approve the release of the draft plan for community consultation.


A report was presented to EMT on the 13 June 2023 which outlined advantages and disadvantages of potential tree replacement works within Kepler Street as part of the CBD footpath renewal project. The existing street trees in Kepler Street (Qty 14 between Timor and Koroit and Qty 16 between Koroit and Lava) are Metrosideros excelsa (New Zealand Christmas tree).

Following a report to Councilor Briefing, approval was given to undertake consultation with business and property owners in Kepler Street in relation to the existing street trees.

A follow up report was presented at the Informal Council Meeting on the 21 August 2023 detailing the outcomes of the survey and recommending that both time and funds, from the CBD Footpath Renewal Project, be used to undertake detailed investigation, planning and costing of replacing the existing trees with new trees utilising a tree pit system. The guidance from this meeting was to proceed with the recommendation.

This report outlines the key points from the previous reports and presents the findings from the detailed investigation.

Council supported the following recommendation (5-0):

That Council undertake community consultation in accordance with the Community

Engagement Policy to ascertain the views of the wider community on removal of trees located within the footpath along Kepler Street giving regard to improving safety and accessibility with a proposal to replace the street trees through installing a tree pit system.


Council received twenty-five (25) applications for the Community Development Fund 2023/24 program (total program funds of $145,000).

Of the 25 applications, 2 applicants were ineligible for funding, 4 applications did not meet funding criteria, 15 are recommended to be fully funded and 4 are recommended to be partially funded.

Of the funded applications, 4 are recommended to be funded with conditions attached to the funding.

This report recommends $58,383 be allocated to 19 eligible local clubs and organisations under the Community Development Fund 2023/24 program.

Council supported the following recommendation (6-0):

That Council:

1. Approves the allocation of $58,383 to fund 19 community clubs and organisations under the Community Development Fund 2023/24 program.

2. Requests that all applicants be advised of the outcome of the assessment process and where applicable, Council guidelines associated with the grant.


A feasibility study conducted in 2021 found that a new Art Gallery in Warrnambool could provide a major tourist and educational attraction and a stimulus for economic investment in the region and develop Warrnambool City’s market position as a regional destination for cultural tourism. An expanded Marr Nation Gallery could provide a link to the Tower Hill, Budj Bim cultural trail.

The existing Warrnambool Art Gallery building has limitations to meet this potential as the gallery is significantly constrained by its building, which limits operational flexibility and the opportunity to present larger exhibitions, more interactive experiences, functions, and events. The building does not provide suitable storage for collection, loading or administration space.

Guided by a recommendation of a Feasibility Study completed in 2019, Council commissioned the development of a Business Case for a new Warrnambool Art Gallery at Cannon Hill. This work identified that the costs associated with a design, that had minimal impact on the Cannon Hill site, were significant and this resulted in a negative return on investment. Based on this advice, Council agreed to exclude Cannon Hill as an option for a new Art Gallery and at the June 2023 meeting, Council supported a recommendation to explore the feasibility and potential of developing a new Warrnambool Art Gallery on the existing site.

A new Regional Gallery in the CBD could be an iconic building that reflects the City’s long history of innovation and creativity. The Business Case would be an opportunity to explore how a new gallery located in the CBD can increase visitation to the city, increase cultural content and meet functional requirements. The existing site on the corner of Liebig and Timor Streets is Council owned and includes the Civic Green and adjacent carpark area.

The desired outcome is for a new iconic regional facility and tourist destination, delivering exemplary creative, cultural, and educational experiences.

While retaining and redeveloping the existing building might seem like a more economical option, it was found that the existing building will need significant refurbishment as the structure/shell does not meet the Functional Brief for floor to ceiling height and structural load capacity. It currently is insufficiently serviced through the mechanical and electrical infrastructure to accommodate the range of work desired for exhibitions. The latent conditions pose unknown limitations and risks.

The architects have therefore been given the scope to consider options for a new build that will meet the functional brief and enhance the CBD.

The Preliminary Business Plan includes:

- Economic Contribution Study and Cost Benefit Analysis

- Architectural massing study.

- High level concept designs that explore the potential for the site to meet the functional brief.

- High level construction costs.

Council supported the following recommendation (6-0):

That Council receive the Preliminary Business Case for a new Warrnambool Art Gallery at the existing location and share the findings with the community for feedback.


The Aquatic Strategy provides an assessment of current condition of Aquazone and the likely capital costs required to maintain facility operation in the short to medium term; as well as potential development options for:

1. making good and minor improvements for accessibility to existing Aquazone facility,

2. a redeveloped and enhanced Aquazone on the existing site, and

3. a new development on a greenfield site. (location undetermined)

The Aquatic Strategy has provided costs for the above options ranging between $10 million and $80 million dependent upon the option chosen.

Council supported the following recommendation (6-0):

That Council receive the report and commence community engagement on the findings.


The Fletcher Jones Foundations contributed funds to the construction of the new Warrnambool Library and Learning Centre in 2020. During discussions at this time, it was proposed that an acknowledgement in the form of a sculpture for the Children’s Garden area could be considered.

An additional allocation of $20,000 for a sculpture for the garden was made in 2021 and the sculpture was to be a memorial to Isobel Jones.

The Fletcher Jones Foundation and Council officer jointly developed a brief for the artwork.

The Fletcher Jones Foundations commissioned the assistance of an Art Consultant with many years' experience with public and private commissions to develop a shortlist of artists and concepts, from which an artist and concept was selected.

The artwork is a generous gift from the Fletcher Jones Family Foundations to the Warrnambool community and are a wonderful addition to the City’s collection of public art. The total value of the donation was $28,000 although the artwork itself would be valued in the vicinity of $40,000.

The chosen artist, Heather B. Swann is a Tasmanian based artist, with a formidable reputation as a maker of surrealist sculptural objects, including many examples of public sculpture. Heather has been curated into significant exhibitions including major institution shows at the National Gallery of Australia and the National Gallery of Victoria. She is also very well collected by major public institutions and private collectors. In 2022, Swann was commissioned, in collaboration with Nonda Katsalidis, to create a permanent public artwork for the Setouchi Triennale, Japan.

Swann was selected as her work beautifully met the brief of ‘The artwork will enhance the aesthetic value of the environment, be appealing to young children, provoke imagination and evoke curiosity”. Swann also has a connection to and affection for Isobel Jones, for whom the artwork has been created as a memorial.

Council supported the following recommendations (6-0):

That Council acknowledge the generosity of the Fletcher Jones Foundations gift of public art by Heather B. Swann to the Warrnambool Library and Learning Centre children’s garden.


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 13 November 2023 – refer Attachment 1.

Monday 20 November 2023 – refer Attachment 2.

Monday 27 November 2023 – refer Attachment 3.

Council received the report (6-0).


Council received the report (6-0).

8. Notice of Motion

9. General Business

10. Urgent Business

11. Suspension of Standing Orders (6-0).

12. Section 66 (in-camera) – Confidential Items

12.1 Minutes In-Camera Meeting Of Council - 6 November 2023

12.2 Audit & Risk Committee Meeting Minutes - 29/8/2023

12.3 Citizen of the Year Awards 2024

12.4 CEO Employment Matters Advisory Committee Chair Appointment

13. Resolution to Re-open Meeting

14. Close of Meeting