Monday 6 March 2023

Meeting Date:
Agenda:
Minutes:
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 March Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

Cr Jellie

3. Confirmation of Minutes

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

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. S5 INSTRUMENT OF DELEGATION - COUNCIL TO CEO

The current S5 Instruments of Delegation to the Chief Executive Officer were adopted by Council on 4 October 2021.

With the commencing of the new Chief Executive Officer and in line with normal practice, the Instrument of Delegation has been reviewed to take account of changes to legislation and to make any administrative amendments required.

The S5 Instrument of Delegation is as found in Attachment 1 is recommended by officers for adoption.

Council supported the following recommendations (6-0):

That Council, in the exercise of the power conferred by section 11(1)(b) of the Local Government Act 2020:

1. Delegates 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 S5 Instrument of Delegation – Council to the Chief Executive Officer, subject to the conditions and limitations specified in that Instrument; and in doing so:

1.1. Approves the S5 Instrument of Delegation to come into force immediately upon execution; and

1.2. Approves that on the coming into force of the S5 instrument of delegation, the previous s5 Instrument of Delegation is revoked.

7.2. S6 INSTRUMENT OF DELEGATION - COUNCIL TO MEMBERS OF STAFF

Council as a legal entity can only act in one of two ways, by resolution of Council or through others acting on its behalf. Where Council choses to act through others, this must be formalised through a written means known as an ‘Instrument of Delegation’.

The current Instrument of Delegations to members of Council staff was adopted by Council on 6 September 2021.

Council is subscribed to a service provided by Maddocks Lawyers which provides updates for Council’s Instruments of Delegation.

Upon receiving a recent update from Maddocks for the S6 Instrument of Delegation, Managers from relevant areas have been engaged to review and update as necessary.

The S6 Instrument of Delegation, as found at Attachment 1, has been updated with amendments and is now presented to Council and recommended for approval.

The most notable change is the increase in Officer delegations to determine a permit application under the Planning and Environment Act 1987 from a threshold of four (4) objections and below increasing to six (6) objections and below.

Council supported the following recommendation (6-0):

That Council, in the exercise of the powers conferred by the legislation referred to in the attached S6 Instrument of Delegation:

1) Delegates to the members of Council staff holding, acting in or performing the duties of the officers or positions referred to in that Instrument, the powers, duties and functions set out in the Instrument, subject to the conditions and limitations specified in that Instrument;

2) Authorises the Chief Executive Officer to execute the S6 Instrument of Delegation; and

3) Approves the S6 Instrument of Delegation to come into force immediately upon execution;

4) Approves that on the coming into force of the S6 instrument of delegation, the previous S6 instrument of delegation from Council to members of Council staff is revoked.

7.3. S11A INSTRUMENT OF APPOINTMENT AND AUTHORISATION UNDER THE PLANNING AND ENVIRONMENT ACT 1987

The Chief Executive Officer has power to appoint the majority of authorised officers under the s5 Instrument of Delegation to the Chief Executive Officer. However, the appointment of authorised officers under the Planning and Environment Act 1987 cannot be delegated and are therefore required to be made by resolution of Council.

The attached instrument of authorisation has been updated due to staff changes within the planning team.

This instrument of authorisation is attached and is submitted for Council’s consideration and adoption - refer Attachment 1.

Council supported the following recommendation (6-0):

That Council, in the exercise of the powers conferred by s 224 of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached instrument of appointment and authorisation (the instrument):

1. Authorises the members of Council staff referred to in the instrument in Attachment 1 to be appointed and authorised as set out in the instrument.

2. Adopts the Instrument of Appointment and Authorisation as found at Attachment 1.

3. Authorises the instrument to come into force immediately upon the common seal of Council being affixed to the instrument by the Chief Executive Officer, and remains in force until Council determines to vary or revoke it.

7.4. APPOINTMENT OF INDEPENDENT AUDIT AND RISK COMMITTEE MEMBER

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

A vacancy for an independent committee member recently opened due to the resignation of a previous member.

The charter for the Audit and Risk Committee states that Council must appoint independent members to the Committee and must appoint the chairperson.

An expression of interest for the vacant position was recently conducted, including advertising in local media and on Council’s website.

Candidates were reviewed and this recommendation is based on assessment of their skills, experience, and expertise.

Council supported the following recommendation (6-0):

That Kevin Leddin be appointed as an independent member of Council’s Audit and Risk Committee for a four-year term starting 6 March 2023, with full voting rights for the upcoming Committee meeting on 7 March 2023.

7.5. ACTIVITIES & INITIATIVES 2022-2023: OCTOBER - DECEMBER (QUARTER 2)

This report provides information on the progress in achieving the Activities & Initiatives (A&I’s) set down for 2022-2023 as part of the Council Plan and Budget process. This report provides Council and the community with an update in the progress of actions across Councils' functional areas.

Council supported the following recommendations (6-0):

That the Activities & Initiatives 2022 – 2023: October – December (Quarter 2), be received.

7.6. COASTAL CONNECT ICT PROCUREMENT POLICY

The attached policy satisfies the requirements of the JV Agreement. See JV Agreement Extract for the summary of the JV requirements for the contents of the policy and for the requirement of adoption by each Council.

The scope of the policy commits the Lead Council to act in accordance with the Joint Venture Agreement, the Joint Venture Terms of Reference and the direction of the Joint Venture Governance Committee.

Additionally, the contractual arrangements with the preferred supplier chosen by the JVGC have an impact on the Joint Venture ICT Procurement Policy. The Policy complies as per below.

“Section 186 of the LGA sets out the restrictions on Councils power to enter into contracts for the purchase of goods or services or carrying out of works and requires that Council conduct an expression of interest and/or public tender process when entering into such a contract”

The three Councils issuing a Request for Tender collaboratively for a single supplier but with separate but common Master Services Agreements with the preferred supplier fits with the requirement of section 186.

Council supported the following recommendation (6-0):

That Warrnambool City Council as a member of the South West Councils ICT Alliance Joint Venture consider and approve the Joint Venture ICT Procurement Policy as presented at Attachment 1.

7.7. WHITES ROAD GUM TREES

The row of gum trees adjacent to 150 Whites Rd were planned to be removed in June 2022, following concerns raised by neighboring residents and subsequent inspections of the trees.

Works were postponed during the planning phase, following the identification of koalas living in the trees, and additional concerns raised by local Wildlife groups about the lack of koala habitat in the City.

An Arboricultural Consultant was engaged to develop a report to provide independent advice on the health, sustainability and future management concerns of the trees. This report was submitted to Council in December 2022.

Cr Ziegeler Moved and Cr Paspaliaris Seconded an Alternative Motion that Council approve the removal of these gumtrees in line with Option B in the recommendations of the the Arboricultural Report – refer Attachment 1.

Council did not support the Alternative Motion (3-3 with the Mayor using her casting vote).

Cr Blain Moved and Cr Taylor Seconded that Council approve the removal of these gumtrees in line with Option A in the recommendations of the Arboricultural Report – refer Attachment 1.

Council supported the Motion (3-3 with the Mayor using her casting vote).

7.8. PP2022-0047 - 5 MANUKA DRIVE, WARRNAMBOOL

Council has received an application to subdivide the land known as 5 Manuka Drive, Warrnambool into two lots.

The application triggers a planning permit under the General Residential Zone – Schedule 1 and the Design and Development Overlay – Schedule 1 for the subdivision of land.

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

As a result of notification, seven objections were received, where grounds were primarily in regard to the proposed lot sizes and frontage not meeting the requirements specified in Design and

Development Overlay – Schedule 1 (DDO1) and resulting in an outcome that is not consistent with the character of the area.

A key matter that is important to the consideration of this application is the meaning of the term ‘should’ in relation to specifying requirements and if this represents a mandatory requirement (e.g. cannot be varied) or a preferred outcome (e.g. has the ability to be varied if deemed suitable by the Responsible Authority). It is noted that within Planning Policy/Legislation the term ‘should’ represents a preferred outcome rather than something that is mandatory where the term ‘must’ would be used.

It is also noted that this use of terms is the same as that used throughout legislation relating to all kinds of other matters.

As the subdivision requirements of the DDO use the term ‘should’ they are not mandatory and therefore become another matter that needs to be considered (similar to any other provision within the Planning Scheme) when forming a decision as to whether a proposal is reasonable.

The application and concerns raised by objectors have been considered against all of the relevant provisions of the Warrnambool Planning Scheme. It is considered that the proposal generally adheres to the relevant policies and the variations to the recommended subdivision requirements specified within DDO1 are reasonable and not detrimental to the proposal. Furthermore, it is considered that the application would result in an outcome that suitably respects the character of the area and on balance the application warrants support, where the Officer’s recommendation is approval subject to conditions.

If the application is supported, a Notice of Decision would be required as all 7 objections have been sustained.

Cr Ziegeler Moved and Cr Akoch Seconded an Alternative Motion that that Council, having caused notice of Planning Application No. PP2022-0047 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 refuse the application for PP2022-0047 under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as ALLOT Lot 3 LP 98429 TSH WARR, 5 Manuka Dr WARRNAMBOOL VIC 3280, for the Two (2) lot subdivision in accordance with the endorsed plans for the following reasons:

- That the proposal is inconsistent with the existing neighbourhood, which promotes large street frontages and centrally sighted built form.

- That the proposed subdivision fails to meet the preferred minimum lot size of 2000 square metres and minimum frontage of 22 metres as per schedule one of clause 43.02.

Council did not support the Alternative Motion (2-4).

Cr Blain Moved and Cr Paspaliaris Seconded that that Council, having caused notice of Planning Application No. PP2022-0047 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 approve the application for PP2022-0047 under the provisions of the Warrnambool Planning Scheme in respect of the land known and described as ALLOT Lot 3 LP 98429 TSH WARR, 5 Manuka Dr WARRNAMBOOL VIC 3280, for the Two (2) lot subdivision in accordance with the endorsed plans, subject to 12 conditions.

Council supported the Motion (4-2).

7.9. DP2022-0002 - APPLICATION TO APPROVE A DEVELOPMENT PLAN FOR THE HEIGHTS (RUSSELL STREET DENNINGTON)

Council has received a Development Plan prepared by Milward Engineering Management for land situated in the South Dennington growth area west of Russell Street and overlooking the Merri River. The site has an area of approximately 4.8 hectares and is within the General Residential zone, which generally anticipates residential use and development.

The plan comprises:

  • Residential subdivision primarily in conventional lot sizes that range from 500 to 600m2 in size,
  • An intended density level of approximately 12 lots per hectare,
  • A medium density super lot in the northwest corner,
  • Provision for required infrastructure and services.

The plan was subject to non-statutory referrals, and placed on exhibition for a period of two (2) weeks where no objections were received.

The plan is generally consistent with the Development Plan Overlay requirements and relevant provisions of the Warrnambool Planning Scheme and is therefore appropriate to endorse. If the Development Plan is endorsed a planning application will be subject to further assessment by Council.

Council supported the following recommendations (6-0):

That having considered all the matters normally required under Section 60 of the Act for planning applications, Council approve the development plan under the relevant provisions of the Warrnambool Planning Scheme in respect of the land described as Lot 97 on PS 636695, known as Russell Street, WARRNAMBOOL VIC 3280, which seeks to facilitate future residential development on site.

7.10. DP2022-0003 - APPLICATION TO APPROVE AN AMENDED DEVELOPMENT PLAN FOR EMMANUEL COLLEGE (140-150 BOTANIC ROAD AND 13 CRAWLEY STREET)

Council has received a Development Plan prepared by Myers Planning & Associates for land situated north of Raglan Parade which is currently being used as a secondary school.

The site has an area of approximately 1 hectares and is within the General Residential zone, which generally anticipates residential use and development but allows for other appropriate uses where the education use is long standing.

The plan comprises:

- An amended master plan which largely retains existing buildings and infrastructure,

- A new Year 9 Centre on the adjoining land at 13 Crawley Street,

- A new teaching wing on the existing Goold Campus,

- A new 2-storey senior learning and arts centre,

- An updated landscaping concept.

The plan was subject to non-statutory referrals, and placed on exhibition for a period of two (2) weeks where no objections have been received.

The plan is generally consistent with the Development Plan Overlay requirements and relevant provisions of the Warrnambool Planning Scheme and is therefore appropriate to endorse. If the Development Plan is endorsed a planning application will be subject to further assessment by Council.

Council supported the following recommendation (6-0):

That having considered all the matters normally required under Section 60 of the Act for planning applications, Council approve the development plan under the relevant provisions of the Warrnambool Planning Scheme in respect of the land described as Lot 1 on PS 327562 and Lot 2 PS619541, known as 140-150 Botanic Road, WARRNAMBOOL VIC 3280 and Lot 2 PS724625, known as 13 Crawley Street, WARRNAMBOOL VIC 3280, which seeks to facilitate the implementation of a master plan for an existing education facility.

7.11. STREET NAMING PROPOSAL

Council is the road naming authority for our municipality and must consider road naming requests using the Naming Rules.

A request was submitted by Steve Myers, Director of Myers Planning Group (Applicant) to name the laneways at the rear of Timor Street, “Dispensary Lane” and “De Grandis Lane”. Please see attached the Applicant’s report which includes details of the location of the laneways, proposed name history and assessment against the principles of the Naming Rules.

It is preferred that any new road name should have a historical link to the site or to the Warrnambool region. The applicant has provided information that demonstrates this and the proposed names have also been assessed in the DELWP VicNames Register and considered not to be duplicated with our municipality.

Consultation has been undertaken in accordance with the Naming Rules.

Two (2) submissions were received, one (1) in support of the proposed names and one (1) proposing an alternative name.

An assessment has been provided of the alternative name, and it is recommended that the proposed road names of Dispensary Lane and De Grandi Lane be supported.

Council supported the following recommendation (6-0):

That Council support the proposed road names Dispensary Lane and De Grandi Lane.

7.12. WARRNAMBOOL-CHANGCHUN SISTER CITY FRAMEWORK AGREEMENT AND PLAN

Warrnambool City Council’s sister city relationship with Changchun, China began in 2012, with several inbound and outbound business delegations travelling between the two cities to promote trade and investment. In 2015, Warrnambool City Council conducted the ‘Food & Agriculture into Asia’ assessment report between Warrnambool and Changchun and identified the opportunities for the export of agriculture and food products.

Post COVID-19, both cities have engaged in discussions to support our City and regional businesses to plan and conduct trade with Changchun. It is proposed that a new Framework and Three-Year Plan 2023-2025 be agreed to which will guide the ongoing cooperation between the two cities.

Upon signing the two agreements, Changchun Municipal Government will:

- Establish a Small and Medium Enterprise (SME) online platform on WeChat (Chinese communication platform) to share and promote the Great Warrnambool regional food information for export. Warrnambool City Council will provide product information from regional businesses who are willing to explore potential to export

- Facilitate with Warrnambool City Council to develop sister school relationships

- Work with Warrnambool City Council around the potential opportunity for an Agricultural Machinery Show to highlight their machinery industry.

Council supported the following recommendation (6-0):

That Council note and approve the signing of the Warrnambool-Changchun Framework Agreement and Three-Year Plan 2023-2025 by the Chief Executive Officer at the 10th Warrnambool-Changchun Anniversary Online Ceremony.

7.13 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 13 February 2023 – refer Attachment 1.

Monday 20 February 2023 – refer Attachment 2.

Monday 27 February 2023 – refer Attachment 3.

Council received the report (6-0).

7.14 MAYORAL & CHIEF EXECUTIVE COUNCIL ACTIVITIES – SUMMARY REPORT

Council received the report (6-0).

8. Notice of Motion

9. General Business

10. Urgent Business

11. Close of Meeting