Monday 4 September 2023

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

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

1. Opening Prayer & Original Custodians Statement

2. Apologies

None

3. Confirmation of Minutes

That the Minutes of the Scheduled Council Meeting held on 7 August 2023, 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. DRAFT OPERATIONS REPORT, FINANCIAL STATEMENTS, ANNUAL PERFORMANCE STATEMENT AND GOVERNANCE CHECKLIST 2022-2023

The purpose of this report is to present the Draft 2022-2023 Performance Statement and Financial Statements to Council for in-principle approval as recommended by Council’s Audit and Risk Committee and in accordance with Section 99 of the Local Government Act 2020.

It further seeks to nominate two Councillors to have the authority to sign the annual accounts and performance statement on behalf of Council, once final sign off has been received from the Victorian Auditor General’s Office (VAGO).

This authorisation will enable Council to meet its statutory obligations for the presentation of its Annual Statements (as part of the Annual Report) to an open Council meeting by 31 October 2023. The Annual Report, which includes the Financial and Performance Statements, will return to Council for consideration at a future Council Meeting.

Also provided with this report for Council’s information is the DRAFT Report of Operations, including governance information, which accompanies the Financial Statements and the Annual Performance Statement.

This report also seeks in-principle approval for the certifying of the Governance information by the Mayor and Chief Executive Officer.

Council supported the following recommendations (7-0):

1. That Council approve in principle the 2022-2023 Financial Statements (refer Attachment

7.1.1) which have been subject to external audit by the Auditor-General's agent, with the outcomes also having been reviewed by Warrnambool City Council’s Audit & Risk

Committee.

2. That Council approve in principle the 2022-2023 Performance Statement (refer Attachment 7.1.2) which has been subject to external audit by the Auditor-General's agent, with the outcomes also having been reviewed by Warrnambool City Council’s Audit & Risk

Committee.

3. That Councillor Angie Paspaliaris and Councillor Ben Blain be authorised to certify the

2023-2023 Financial Statements, after any changes recommended by the review of audit from the Victorian Auditor General have been made.

4. That Councillor Angie Paspaliaris and Councillor Ben Blain be authorised to certify the

2022-2023 Performance Statement, after any changes by the review of audit from the

Victorian Auditor General have been made.

5. That the Mayor Cr Debbie Arnott and Chief Executive Officer Andrew Mason be authorised to certify the government and management arrangements as contained in the Draft Operations Report.

6. That the Council put out for public advertisement, its intention to consider the Annual Report at a future Council Meeting.

7.2. ADVOCACY 2023-2024

Advocacy on behalf of the community is a primary role of Local Government.

This responsibility is enshrined in the Local Government Act and Council’s advocacy efforts are assessed through the annual Community Satisfaction Survey.

At previous informal meetings Councillors discussed and identified advocacy priorities for 2023- 2024. Since then officers have developed documents to support these priorities.

Council’s advocacy program over the coming year will include meetings with members of Parliament and media campaigns.

Council has identified the following projects as advocacy priorities over 2023-2024.

Clean Energy Centre of Excellence – a regional partnership between Deakin University and

South West TAFE that will help prepare Victoria for the transition to a clean energy economy.

Housing – housing availability is a key issue across Australia and Council is keen create awareness within other levels of government about opportunities that exist to make more housing and more affordable housing available in Warrnambool.

Raglan Parade safety – the section of the Princes Highway that dissects Warrnambool presents safety issues at two key intersections. These can be addressed with engineering interventions. One is the intersection with Hider and Ardlie Streets, which is used as a crossing point by scores of students heading to and from schools to the north of the highway; the second is the intersection with Fitzroy and Botanic roads used by commuters and parents taking students to and from school.

Logans Beach Whale Viewing Platform – this much-loved structure and key visitor economy asset requires some maintenance work and also a rebuilding of the staircase that connects the platform with the beach.

Merri River revegetation and pathways – the strategic foundation and the delivery for this project are contained in the South of Merri Open Space Precinct Plan and the accompanying implementation plan.

Early Years Workforce and Infrastructure - Childcare issues experienced in Warrnambool and the South West are also impacting families and childcare services right across Australia. A number of childcare centres in Australia have capped numbers due to workforce shortages while demand for childcare in Warrnambool is high and there is a need for the industry to attract and retain staff.

At the same time there is a need to improve and expand early years facilities to meet current standards and growing demand.

Port of Warrnambool - The 19th century breakwater at the Port of Warrnambool has, in recent years, shown signs of serious deterioration. Council is proposing to add rock armoury to the edge of the breakwater which will better withstand the powerful impact of the Southern Ocean. An extension or small spur at the eastern end of the breakwater will also serve to deflect some of the wave impact that can hamper boat launching and retrieval.

Greening the Lighthouse Theatre - Council’s Green Warrnambool strategy, developed with the community, sets the 2026 goal for Council to have a 5 Green Star-rated building and that all buildings constructed from 2026 will operate as zero net emission facilities.

Lake Pertobe Stage 3 – The Lake Pertobe Master Plan identifies a series of staged works that improves this important asset for residents and visitors to Warrnambool. Stage 3 includes an upgrade to facilities and play equipment at the south-west “corner” of the Lake Pertobe park land.

Council supported the following recommendation (7-0):

That Council formally adopts the advocacy priorities identified in this report.

7.3. PLANNING SCHEME AMENDMENT - 19 HORNE ROAD, WARRNAMBOOL

Myers Planning Group (proponent) on behalf of ’82 Raglan Parade Joint Venture’ has requested Council prepare an amendment to the Warrnambool Planning Scheme to rezone the land at 19 Horne Road, Warrnambool also known as Lot 2 on Plan of Subdivision 510713S. Please see Figure 2 below showing a locality plan.

The amendment request proposes to rezone the land from Farming Zone to Commercial 2 Zone, and applies the Design and Development Overlay – Schedule 18 and the Development Plan Overlay – Schedule 15.

The amendment to rezone the subject site from Farming Zone to the Commercial 2 Zone is required to facilitate the use and development of the land for commercial uses identified within the Eastern Activity Centre Structure Plan (EACSP).

The amendment provides for a zoning which is compatible with the future land use character precinct identified as office / employment within the EACSP.

Council supported the following recommendations (7-0):

1. In accordance with Section 8A of the Planning and Environment Act 1987 (the Act) request authorisation from the Minister for Planning to prepare a Planning Scheme Amendment to the Warrnambool Planning Scheme to rezone land at 19 Horne Road, Warrnambool (also known as Lot 2 on Plan of Subdivision 510713S), from the Farming Zone to the Commercial 2 Zone, and to apply Design and Development Overlay Schedule 18 and Development Plan Schedule 15 to the subject land.

2. Following the authorisation of the Minister for Planning in accordance with Section 9 of the Act, and pursuant to Sections 17 and 19 of the Act, prepare and exhibit an amendment to the Warrnambool Planning Scheme to rezone the land at 19 Horne Road, Warrnambool to the Commercial 2 Zone and to apply Design and Development Overlay Schedule 18 and Development Plan Schedule 15 to the land.

7.4. PLANNING PERMIT APPLICATION - PP2022-0195 - 23 MCKIERNAN ROAD, WARRNAMBOOL

Council has received an application to develop the land known as 23 McKiernan Road, Warrnambool with two double storey dwellings.

The application triggers a planning permit under the zone for the construction of two or more dwellings on a lot. It is noted that the use ‘dwelling’ does not require a permit.

The application was subject to internal referrals, and was subject to public notice.

As a result of notification, five objections were received, where grounds were primarily in regards to impact on drainage within the area as well as overshadowing of habitable room windows and areas of secluded private open space. It is noted that one objection has subsequently been withdrawn with four remaining.

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 supports, where the Officer’s recommendation is approval subject to conditions.

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

Council supported the following recommendation (7-0):

That Council, having caused notice of Planning Application No. PP2022-0195 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 determines to approve the application for PP2022-0195 under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as ALLOT Lot 13 PS 209862U PSH WAN TSH WARR, 23 McKiernan Rd WARRNAMBOOL VIC 3280, for the Construction of two (2) dwellings in accordance with the endorsed plans, subject to eight conditions.

7.5. PLANNING PERMIT APPLICATION - PP2022-0120 - 271 KOROIT STREET, WARRNAMBOOL

Council has received an application to develop the land known as 271 Koroit Street, Warrnambool. The development will include the retention of the existing dwelling and construction of two new dwellings to the rear.

The application triggers a planning permit under the General Residential zone for the construction of two or more dwellings on a lot as well as under the heritage overlay for buildings and works. It is noted that the use of the land for a dwelling does not require separate permission.

Although there is planning policy relating to the site identifying the area as suitable for where residential growth can/should occur, simultaneously the site is also covered by a heritage overlay which seeks to limit change that would detract from the heritage assets.

The application was subject to internal referrals, and was subject to public notice.

As a result of notification, eight objections were received, where grounds were primarily in regard to inappropriate development within a heritage precinct, inconsistency with neighbourhood character/overdevelopment, amenity impacts, and parking/traffic/access.

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 be issued subject to conditions.

Council did not supported the following recommendation (3-4):

That Council, having caused notice of Planning Application No. PP2022-0120 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 a Permit for the application for PP2022-0120 under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as ALLOT Lot 8 CA PSH WAN TSH WARR, 271 Koroit St WARRNAMBOOL VIC 3280, for the Partial demolition, Alterations and Additions to Existing Dwelling, Construction of a Front Fence and Construction of Two additional dwellings in accordance with the endorsed plans, subject to nine conditions.

Cr Paspaliaris moved and Cr Jellie seconded an Amended Motion. Council supported the Amended Motion (4-3):

That Council, having caused notice of Planning Application No. PP2022-0120 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 Refusal to Grant a Permit for the application for PP2022-0120 under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as ALLOT Lot 8 CA PSH WAN TSH WARR, 271 Koroit St WARRNAMBOOL VIC 3280, for the Partial demolition, Alterations and Additions to Existing Dwelling, Construction of a Front Fence and Construction of Two additional dwellings for the following reasons:

  1. The built form outcome is not consistent with the predominant scale of heritage buildings as supported by Clause 15.03-1L.
  2. The bulk and presentation of the proposed form adversely affects the significance of the Heritage Precinct as required by Clause 43.01 including in relation to views through and between properties.
  3. The application fails to respond to the objectives of clause 55.02-1 as two additional dwellings represents an over development of the site that does not respect existing neighbourhood character.

7.6. BUSHFIELD WOODFORD STRATEGIC FRAMEWORK PLAN

Council was awarded funding of $100,000 through the Victorian Planning Authority’s Streamlining for Growth program, to prepare a Strategic Framework Plan (SFP) for the Townships of Bushfield-Woodford.

The SFP will provide a long term vision and framework to guide land use and development and manage the future growth of the settlements to a planning horizon of up to 20 years.

Through a competitive procurement process, Council appointed Arup Australia Pty Ltd to prepare the SFP. Arup has employed an inclusive and engaging consultation strategy throughout the project.

The first two phases of community engagement are now complete.

A draft SFP is now presented to Council to endorse its release for the final round of community consultation with the Bushfield-Woodford communities and stakeholders for final feedback. A final draft will then be presented to Council for adoption. An Implementation Strategy detailing further studies required will also be presented for adoption, at a later stage once the final form of the SFP has been adopted.

Further funding will be required for implementation investigations and Planning Scheme amendments in order to realise the vision of the SFP.

Council supported the following recommendation (7-0):

That Council endorse the release of the draft Bushfield-Woodford Strategic Framework Plan for public consultation for a one month period.

7.7. TENDER EVALUATION 2023015R WARRNAMBOOL HOCKEY CLUB PITCH

REPLACEMENT

Council readvertised a tender for the Design and Construct of the Warrnambool Hockey Pitch Replacement, that was publicly advertised on Friday 7 July 2023, and was open to submission for a period of four (4) weeks.

A tender evaluation was completed by the Tender Evaluation Panel and determined that Polytan is the recommended tenderer to be awarded for best value for money and highest weighted score.

Council supported the following recommendations (7-0):

That Council:

1. Award Contract No. 2023015R to Polytan for the tendered amount of $768,196.50 excluding GST, subject to the funding contribution of $200,000 being received from the

Warrnambool Hockey Club.

2. Authorise Council Officers to deliver the Warrnambool Hockey Club Pitch Replacement in accordance with the contract under the financial delegations detailed within the Procurement Policy.

3. Accept Schedule 2D Daywork Rates offered to undertake any extra works over and above the lump sum price if required, provided that additional works can be accommodated within the Project budget.

4. Authorise the CEO to sign, seal and vary the contract as required.

7.8. OCCUPANCY OF SPORT AND RECREATION FACILITIES POLICY, FEE MODEL AND CLUB FEEDBACK

In 2021 a review of sport and recreation facilities identified significant inequity in provision of access and conditions of use. A draft Occupancy of Sport and Recreation Facilities Policy and Fee Model was developed for Councils consideration in September 2021 to which Council agreed to progress the Draft Policy to stakeholder consultation.

The key principles of the draft policy are:

- Equity - fees are equitably applied across the range of users, existing and future;

- Transparency – clearly defined rationale and decision making, simple to understand (not  subjective)

- Clarity – clearly defined responsibility for asset management

- Maximise use – promote shared use of facilities and increased levels of usage.

- Fair Access – supporting and encouraging women and girls to have equitable access to and use of sport and recreation facilities.

Thirty-one sport and recreation clubs were consulted regarding the draft policy. Feedback was received by fifteen clubs (twelve sports ground tenants and three recreation groups).

Seventeen did not provide any feedback. Ten clubs with current occupancy agreements were not consulted at this time.

Overall, the feedback received during the consultation period supported the proposed policy.

Since the initial presentation of the Policy to Council, the Victorian State Government has introduced the Gender Equality Act 2020. In response to the Act, A Fair Access Policy has been introduced by the Office of Women in Sport, VicHealth, and Sport & Recreation Victoria, to improve the access to, and use of, community sports infrastructure for women and girls. A new section has been included in the draft policy that requires that tenant clubs meet the requirements of the Victorian Government’s Fair Access Policy and demonstrate progress in meeting the requirements by providing documentation of completed Gender Impact Assessment and implemented actions.

Council supported the following recommendation (7-0):

That Council endorses the Occupancy of Sport and Recreation Facilities Policy.

7.9. ADVISORY COMMITTEE REPORTS

This report contains the record of one Advisory Committee meetings:

Environment & Sustainability Advisory Committee – 29 June 2023

Council received the report (7-0).

7.10. 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 14 August 2023

- Monday 21 August 2023

- Monday 28 August 2023

Council received the report (7-0).

7.11. 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