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Council chambers

Council meeting summary April 1, 2019

News Article Date: 
Tuesday, 2 April 2019

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

The below summary is unconfirmed until the Minutes of the April 1 Meeting are accepted by Council.

Note: the Order of Business was changed by Councillors in order to have one rather than two votes for an Acting Chair while Cr Herbert was out of the room due to Conflicts of Interest. This summary preserves the original order as per the agenda.

Cr Cassidy was elected Acting Chair for Items where Cr Herbert declared a Conflict of Interest.
1. Opening Prayer & Original Custodians Statement

2. Apologies


3. Confirmation of Minutes

Council confirmed the Minutes of the Ordinary Meeting of Council held on March 4, 2019 and the Special Meeting of Council held on March 25, 2019 (7-0).

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

Cr Cassidy declared a Conflict of Interest in items 5.4 and 5.7.

Cr Neoh declared a Conflict of Interest in items 5.7 and 5.8

Cr Herbert declared a Conflict of Interest in items 5.3 and 5.9

5.1 Directorate Operations Report

This report provides information related to the activities undertaken by four Council directorates – City Growth, City Infrastructure, Community Development and Corporate Strategies over the second half of 2018.

Council supported the following recommendation (7-0):

That the Operations Reports for the City Growth, City Infrastructure, Community Development and Corporate Strategies Directorates be received.

5.2 Warrnambool Planning Scheme Review

A review of the Warrnambool Planning Scheme has been completed in accordance with the provisions of the Planning and Environment Act 1987.

Key findings of the review include:

- an extensive program of strategic investigation and strategy development since the 2014 Review

- significant amendments to the Warrnambool Planning Scheme, including implementation of a complete rewrite of the LPPF

The review provides a number of recommendations for further strategic work, policy review options, and statutory planning process improvement.

A comprehensive report on the effectiveness of the planning scheme is attached.

Council supported the following recommendations (7-0):

That Council:

1. Adopt the Warrnambool Planning Scheme Review 2018 (attached).

2. In accordance with Section 12B (5) of the Planning and Environment Act 1987, forward a copy of the adopted Warrnambool Planning Scheme Review 2018 to the Minister for Planning.

5.3 Hopkins Heights Development Plan

On 17 October 2018 Myers Planning Group submitted a Development Plan (DP) for land located on the north side of Hopkins Point Road, between the Hopkins Ridge Estate (to the west) and the Motang Estate (to the east).

The DP proposes to develop approximately 78ha of residential land, comprising:-

- varying densities

- pedestrian and cycle paths

- open space network

- public reserve along the river

- landscaping

- building design controls

- character themes throughout

- responds to site characteristics and topography

The DP has been exhibited for a period of two (2) weeks and one (1) submission has been received.

The submission is considered to be appropriately addressed by the DP documentation.

The DP appropriately responds to the Development Plan Overlay (DPO13) requirements, relevant provisions of the Warrnambool Planning Scheme, and is suitable for endorsement by Council.

Council supported the following recommendations (6-0):

That Council endorse the Hopkins Heights Development Plan in accordance with the requirements of Clause 43.04 (Schedule to DP13) of the Warrnambool Planning Scheme.

5.4 Planning Application – 43 Atkinsons Lane, Dennington – Lookout Drug and Rehabilitation Centre

An application for review has been lodged with VCAT following Council’s failure to determine on a planning application within the prescribed statutory timeframe for the use and development of 43 Atkinsons Lane, Dennington for the purposes of a residential drug and alcohol rehabilitation centre.

The VCAT hearing dates are as follows:

- Compulsory conference – 26 April 2019, VCAT, 55 King Street, Melbourne

- Hearing – 24 June – 1 July 2019 – 3 days in Warrnambool and 3 days in Melbourne

Notification of the application has resulted in 34 objections to the application and 4 submissions in support of the application.

The application has been assessed against the relevant criteria of the Warrnambool Planning Scheme, including its State and Local Policies and the provisions of the Farming Zone.

Council has a duty to form a position on the permit application notwithstanding the proposal is now to be formally determined by VCAT.

Cr Neoh moved and Cr Hulin seconded the following Motion.

1. That Council resolves to advise VCAT of Council’s decision to not support the Planning Assessment Recommendations as provided by officers on the following grounds.

  1. The specific development site locale as proposed within the Farming Zone is inappropriate in terms of integration within the localised precinct area.
  2. The applications is inconsistent with the objectives and strategies of the planning policy framework and local policy planning framework.
  3. Having regard to Clause 65 of the Warrnambool Planning Scheme the proposal does not provide an orderly planning outcome.
  4. The application will result in adverse amenity impacts on the surrounding area.
  5. The application will result in adverse social impacts on the surrounding area.

2. That Council resolves to provide a recording of the debate of this Item to the VCAT panel members to provide context for its position.

Council supported the Motion (4-2).

5.5 Eastern Activity Structure Plan – Amendment Authorisation Request

Planning Scheme Amendment C103 is proposed to implement the policy direction of the Eastern Activity Precinct Structure Plan (The Structure Plan).

The Structure Plan was adopted by Council in September 2016.

The Structure Plan creates a framework to guide future land use, development, urban design, vehicle and pedestrian movement, in the Eastern Activity Precinct.

Key aspects of this Amendment are to make changes to the Local Planning Policy Framework to reflect the strategic directions within the Structure Plan.

The Amendment does not include rezoning at this stage but sets the framework for future rezonings in accordance with the Structure Plan.

A shared infrastructure plan will ensure that appropriate development contributions are paid at the time land is developed or subdivided.

Council supported the following recommendations (7-0):

That Council:

1. In accordance with Section 8A of the Planning and Environment Act 1987 (the Act) seek authorisation from the Minister for Planning to prepare Planning Scheme Amendment C103 to implement the Eastern Activity Precinct Structure Plan.

2. Subject to the Minister’s authorisation, in accordance with Section 19 of the Act, prepare and exhibit Amendment 103 to the Warrnambool Planning Scheme to implement the Eastern Activity Precinct Structure Plan.

5.6 Lake Pertobe Master Plan Adoption

Following an extensive process to develop the Lake Pertobe Masterplan with the community, the Lake Pertobe Masterplan is now ready for adoption.

The Lake Pertobe Masterplan was advertised from 11 December 2018 to the 4 February 2019 for a final round of consultation.

One significant issue was identified in the draft relating to path composition on the southern side of Lakes which identified them as granitic sand in composition. This was an error which was identified in a previous review and not updated. In support of our disability access principles through the park to all play areas these have been shown as a constructed hard surface pathway.

Council supported the following recommendations (7-0):

That Council:

1. Acknowledge those responses submitted as part of the latest consultation process and the submission that highlighted the incorrectly designated pathways within parkland on the southern side of the Lakes.

2. Adopt the Lake Pertobe Masterplan with changed pathway designations.

5.7 City Centre Parking Update

At its February 2019 Council Meeting, Council received a petition with 2,833 signatures asking for a review of parking arrangements in the Ozone and Parkers Car Parks. The petition specifically sought the introduction of permanent free 90-minute parking in Parkers and Ozone Off Street Car Parks.

At its meeting of 5 February 2018 Council resolved ‘that officers bring a further report regarding free parking in the Ozone Off-Street Car Park for the 2019 year, later in 2018 as part of the Koroit Street redevelopment proposal.

Over the 13 months from January 2018 to January 2019 the average daily number of parking sessions (excluding public holidays and weekends) in the CBD was 5,104. This figure excludes free parking sessions that occurred in the 188 off street spaces provided as part of the City Centre Business Support Package.

A City Centre Business Support Package adopted by Council in May 2016 provided support for city centre businesses and visitors before, during and after the City Centre Renewal construction periods with the provision of free parking in the Parkers, Ozone, and later the Cramond and Dickson Off-Street Car Parks at an estimated cost of over $490,000.

The Ozone Off-Street Car Park had 146 of its short-term car parking spaces designated as free 90-minute car parking spaces between the hours of 9:00am and 5:30pm as part of the City Centre Renewal Business Support Package. This arrangement commenced on 1 November 2017 and concluded on 31 December 2018.

42 free 90-minute parking spaces were provided in the Cramond and Dickson Car Park from early 2018 to 31 December 2018.

Parkers Off-Street Car Park had car parking spaces designated as free 90-minute spaces from 1 November 2016 until 31 December 2017.

Calculation of the City Centre Renewal free parking package calculated post works show the cost of the free parking support at $519,000.

Council supported the following recommendation (4-1):

That Council:

1. Acknowledge the request to provide free 90-minute car parking in Parkers and Ozone Off Street Car Parking areas.

2. Note that on average more than 5,104 paid parking sessions occur every day in the City Centre.

3. Acknowledge the need to review and update the City Centre Parking Strategy with consideration of economic factors and parking demands in residential streets surrounding the CBD.

5.8 Community Responses to Banyan Street Survey

In April 2018 Council received a petition from 19 residents which asked Council to consider median strip planting in Banyan Street between Timor Street and Merri Street.

In response to the petition and in recognition of the significant connection that Banyan Street provides between the Princes Highway and foreshore area a series of proposals were identified and advertised for community comment.

The consultation focussed on 4 key items being street tree selection for Banyan Street, roundabout beautification works, two fig tree removals and the use of a donated surf boat as part of an interpretative directional signage installation.

The consultation process was advertised in the Standard through an article on 11 November 2018 and via the ‘yoursay’ website, and through a direct mail out to Banyan Street residents (Raglan Parade to Merri Street). The consultation period commenced on 8 November 2018 and concluded on 7 December 2018.

In total more than 370 responses were received throughout the consultation process and this included submissions through the ‘yoursay’ web site, correspondence including a petition from 17 Banyan Street residents, and several emails.

The responses have been summarised both as an entire data set and as a residential data set so that any differing views between residents and the broader community can be understood.

Cr Owen Moved a Motion that the item be deferred.

Council supported the Motion (6-0)

5.9 Tender No. 2018047 – Receipt and Processing of Recycled Products

Council nominated SKM Industries as its preferred tenderer for Tender 2018047 Receipt and

Processing of Recycled Products at its 17th December 2018 ordinary meeting.

Since being awarded preferred tender status, SKM have been issued notices by the EPA which resulted in them suspending the acceptance of recycling materials at a number of their plants for a short period. Although the EPA suspension has now been lifted, uncertainty remains in the industry and therefore Council needs to reconsider the appropriateness of awarding this tender.

In abandoning this tender process, Council will need to put in place a contingency arrangement for recycling processing while a new tender process occurs. The contingency arrangement would need to run for the period of 1st July 2019 to at least the 30th January 2020.

The contingency arrangement period would provide Council with the opportunity to consult the community over glass separation or diversion options which have been offered through other tender processes.

Council supported the following recommendations (6-0):

That Council:

1. Formally abandon the tender process for Tender 2018047 Receipt and Processing of

Recycled Products and notify the preferred tenderer SKM industries of Councils decision.

2. Authorise officers to enter into an interim recycling processing arrangement.

3. Agree to consult with the community on glass diversion or separation options.

5.10 Advisory Committee Reports

This report contains the record of one Advisory Committee meeting: Economic Development Advisory Committee – 5 March 2019.

Council received the report (7-0).

5.11 Assembly of Councillors Reports

Section 80A(2) of the Local Government Act 1989 requires the record of an Assembly of

Councillors be reported to the next practicable Ordinary Meeting of Council.

The records of the following Assembly of Councillors is enclosed:

  • Monday 4 March 2019 – refer Attachment 1.
  • Monday 18 March 2019 – refer Attachment 2.
  • Friday 22 March 2019 – refer Attachment 3.
  • Monday 25 March 2019 – refer Attachment 4.

Council received the report, with the correction that Cr Hulin was absent from the March 4 meeting (7-0).

5.12 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (7-0).

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