Monday 6 February 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 February Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

3. Confirmation of Minutes

That the Minutes of the Scheduled Meeting of Council held on 5 December 2022 and the Minutes of the Additional Council Meeting held on 13 December 2022, be confirmed. (7-0).

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

Cr Jellie and Cr Ziegeler declared a conflict in Item 7.2.

5. Mayoral Presentation

6. Public Question Time


The Audit and Risk Committee (the Committee) is an independent advisory committee to Council established under section 54 of the Local Government Act 2020.

The purpose of the Committee is to advise Council on the effectiveness of the organisation’s systems, processes and culture for complying with its legal and financial obligations and the management of risk. In fulfilling this role, the Committee is to aid in the implementation of the Council Plan.

The Committee is accountable to and reports directly to Council.

The Committee’s work is to be informed by the requirements of the Act and best practice in audit, risk and governance principles and processes.

Council supported the following recommendations (7-0):

That Council notes the Audit and Risk Committee biannual report which details activities of the Committee covering the meetings held on 2 September and 15 November 2022.


At the Council meeting held on the 5 December 2022, Council considered the proposed new local law for short stay accommodation and released the draft document for public consultation.

Council received 14 submissions from the community regarding the proposed local law, 13 were responses to a survey on Council’s “Your Say” website, and one written submission was received.

The results of the public consultation are summarised in this report.

The 2022-23 Budget proposed to introduce a $400 fee for short-term accommodation providers.

This was in line with actions taken by other municipalities to address the inequity between registered visitor accommodation providers (e.g. motels and hotels) who pay a commercial rate and must meet strict registration requirements, and those also providing visitor accommodation through newer platforms such as Airbnb who do not.

In order to implement the new fee, Council has proposed to develop and adopt a local law specific to short stay accommodation. This local law would also introduce a code of conduct for property owners that places responsibilities on them for anti-social behaviour. As part of any local law change, it was subject to community consultation, which was carried out between December 2022 and January 2023.

Council supported the following recommendation (4-1):

That Council adopt the new Local Law in relation to Short Stay Accommodation and implement the new Short Stay Accommodation fee.


Council’s Customer Service Charter describes Warrnambool City Council’s commitment to the community it serves. It describes the standards of customer service we strive to provide to customers across the whole of Council.

The current charter, adopted in 2019, has been reviewed by Councillors, staff and been through a Gender Impact Assessment as required under the Gender Equality Act (2020).

Council supported the following recommendation (7-0):

That Council adopt the revised Warrnambool City Council Customer Service Charter 2023-2027 as contained in Attachment 2.


This quarterly finance report compares actual financial results to budget and forecast for the three months from 1 October 2022 to 31 December 2022 – refer Attachment 1 Quarterly Finance Report.

The report sets out the financial results for Council’s recurrent (day-to-day) operations, projects, capital works, rates, and borrowings.

Overall the monthly actual results indicate a favourable financial position of $0.22m compared to forecast. The forecasted end of year position is in line with the budget overall.

This 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 for the period October to December 2022 be received.


Myers Planning Group (proponent) on behalf of P & M Altmann (landowner of 32 Riverview Terrace) has requested Council prepare an amendment to the Warrnambool Planning Scheme to rezone existing Rural Living zoned land on the north side of Hopkins Point Road, Warrnambool. See map below showing extent of proposed rezoning.

The amendment request proposes to rezone the land from the Rural Living Zone to the General Residential Zone 1.

A combined planning application, PP2022-0060 for a 2 lot subdivision and creation of an easement at 32 Riverview Terrace is also included in the proposal.

It should be noted that land known as ‘Motang Estate’ is not included in the proposed rezoning.

It is considered the current zoning does not align with the current land use and development and is incorrect, and that the rezoning is appropriate.

Council supported the following recommendations (7-0):

That Council:

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 Riverview Terrace (nos. 31, 32, 1/30, 2/30, 3/30/ 4/30, 5/30 and 6/30), land at Hopkins Point Road (Nos. 4, 6 and 10-12) and Nos. 1, 2, 3 and 4 Casuarina Court, Warrnambool to the General Residential Zone 1.

2. Following the authorisation of the Minister for Planning, in accordance with Section 9, 19 and 96C of the Act, prepare and exhibit a combined amendment to the Warrnambool Planning Scheme and permit application, including draft Planning Permit PP2022-0060 to subdivide the land and creation of an easement at Lot 1 PS 317314K, 32 Riverview Terrace, Warrnambool into 2 lots.


Council has received an application to construct two side-by-side dwellings on an existing residential lot in the General Residential zone (following demolition of an existing single dwelling).

The new dwellings will each have a single garage serviced by a new double crossover onto Henry Street.

The application triggers a permit for development of two or more dwellings on a lot.

The application was subject to public notice, which resulted in eight submissions, all in objection to the proposed development. Grounds of objection were almost entirely in relation to the intended use of the dwelling, specifically for public housing operated by the Salvation Army.

The use does not require planning permission and is therefore not being assessed.

The application has been assessed against the relevant planning controls and has found that proposed development is supported by planning policy, and meets the objectives of the scheme. If the application is supported, a Notice of Decision would be required as all objections have been sustained.

Council supported the following recommendation (7-0):

That Council, having caused notice of Planning Application No. PP2022-0201 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 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 2 PS 329667G PSH WAN TSH WARR, 8 Henry St WARRNAMBOOL VIC 3280, for the Construction of two (2) dwellings in accordance with the endorsed plans, subject to eight conditions.


A public tender was advertised on Saturday 20th August & 3rd, 10th September 2022 inviting tender submissions from suitably qualified and experienced contractors for the provision of daily, weekly, biennial and annual cleaning of 8 early years services in Warrnambool City Council.

Close of tenders was advertised for 2:00pm Friday 16th September 2022, no late tenders were received, and submissions have been assessed by the tender assessment panel.

The recommendation is to proceed with the contract tender provided by JENCLEAN Whistle a Cleaner for the Contract Term is for two (2) $203,542.90 with two (2) one-year options, each additional year (1) is $119,181 if fully exercised, the maximum value of the contract will be $441,904.90 Inc GST (the contractor reserves the right to notify council within 14 days if wanting to apply a CPI increase for any additional years) this cost does not include any ad hoc or additional cleaning.

Additional cleaning costs to be charged at an hourly rate.

Council supported the following recommendations (7-0):

That Council

1. Award Contract 2022050 – Kindergarten Cleaning Services to JENCLEAN Whistle a Cleaner for the tendered lump sum amount of $441,904.90 Inc GST p.a, for an initial term of two (2) years with two (2) one-year options.

2. That the schedule of rates offered is accepted for the life of the contract.

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


This report contains the record of 2 Advisory Committee meetings and 1 Reference Group


1. Warrnambool Regional Airport Reference Group – 21 November 2022 – refer Attachment 1.

2. Community & International Relations Advisory Committee – 6 December 2022 – refer Attachment 2.

3. Economic Development & Tourism Advisory Committee – 9 December 2022 – refer Attachment 3.

Council received the report (7-0).


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. Informal Meeting of Council – 12 December 2022 – refer Attachment1.

2. Informal Meeting of Council – 19 December 2022 – refer Attachment 2.

3. Informal Meeting of Council – 23 January 2023 – refer Attachment 3.

4. Informal Meeting of Council – 30 January 2023 – refer Attachment 4.

Council received the report (7-0).


Council received the report (7-0).

8. Notice of Motion

9. General Business

10. Urgent Business

11. Close of Meeting