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Council meeting summary March 2, 2015

News Article Date: 
Tuesday, 3 March 2015

Ordinary Meeting of Warrnambool City Council

5.45pm  -  Monday 2 March 2015

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

The below summary is unconfirmed until the Minutes of the March 2 Meeting are accepted by Council.


1. Opening Prayer & Original Custodians Statement


2. Apologies



3. Confirmation of Minutes

Council confirmed the Minutes of the February 2 meeting. (4-3)


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



5.1 Planning Application – Swinton Street Warrnambool

The application is for buildings and works to construct a sewerage pipeline and removal of native vegetation.

It affects eight separate parcels of land and proposes to connect the Midfield Co-Products site to an existing sewer pit.

The application was advertised and eleven objections have been received.

The planning considerations are limited to what has been applied for and the proposal complies with and is supported by the Warrnambool Planning Scheme.

Council did not support the recommendation to grant the Planning Permit subject to 27 conditions (3-4).

It instead refused the Planning Permit on the grounds of environmental concerns, that the site is inappropriate for further expansion, amenity concerns and that it would further entrench industrial activity in a sensitive environmental area.


5.2 Warrnambool Planning Scheme Amendment C73 – Heritage Gap Study (Stage B – Individual Sites)

Since 2010, Council has progressively been ensuring that the City’s built heritage is properly recognised and protected within the Warrnambool Planning Scheme. This includes the approval of heritage controls to 26 precincts in 2013.

Amendment C73 proposes to include a further 53 individual properties within the Heritage Overlay.

The amendment was publicly exhibited between 20 November 2014 and 20 January 2015.

Four submissions were received during the public exhibition period. One supporting submission and three objecting submissions were received.

Cr Askew moved and Cr Ermacora seconded an amended motion in which the three properties for which objections were received be reviewed with detailed reports prepared by Council officers to determine the most appropriate action. The amended motion was defeated (1-6).

Council supported the following original recommendation (6-1):

That Council:

1. Notes the submissions contained in Appendix B.

2. Split Amendment C73 into two parts as follows:

- Part 1 - All places that did not attract a submission to the application of the Heritage Overlay.

- Part 2 – Places that did attract a submission to the application of the Heritage Overlay (3 Liebig Street, 60 Jukes Street, and 16 King Street, Warrnambool).

3. Pursuant to Section 29(1) of the Planning and Environment Act 1987, adopt Warrnambool Planning Scheme Amendment C73 Part 1 without changes.

4. Pursuant to Section 31(1) of the Planning and Environment Act 1987, submit Warrnambool Planning Scheme Amendment C73 Part 1 to the Minister for Planning for approval.

5. Pursuant to Section 23(1)(b) of the Planning and Environment Act 1987, request the Minister for Planning to appoint an independent Panel under Section 153 of the Act to consider submissions received to Amendment C73 Part 2.

6. Refer each of the submissions contained in Appendix B to the independent Panel for its consideration.


5.3 Logans Beach Coastal Village Development Plan

In October 2014, a Development Plan was submitted to Council for endorsement under Development Plan Overlay (DPO12) for land within the Coastal Hopkins Growth Area.

Following clarification of a number of issues, a revised Development Plan was submitted to Council in January 2015.

The Logans Beach Coastal Village Development Plan was publicly advertised between 24 January and 9 February 2015. One submission was received from an adjoining landowner. Minor amendments have been made to the Development Plan in response to concerns raised.

The final Development Plan appropriately responds to the Development Plan Overlay requirements and is suitable for endorsement by Council.

The preparation and finalisation of this Development Plan represents a significant milestone following the completion of the Coastal/Hopkins River Environment Structure Plan in 2008 and recent approval of Amendment C75.

Council supported the following recommendation (7-0):

That Council endorse the Logans Beach Coastal Village Development Plan, February 2015, in accordance with the requirements of Clause 43.04 Schedule 12 (DPO12) of the Warrnambool Planning Scheme (as attached in Appendix C).


5.4 Lighthouse Theatre Mural

There is a mural painted by Rolf Harris on the wall of the Lighthouse Theatre in an area not open to the public.

In July 2014 Rolf Harris was convicted of indecent assault in a British court.

Following the above conviction, the perspex frame covering the mural was painted over to remove the mural from view.

Warrnambool City Council has demonstrated strong leadership in working towards the prevention of violence against women and children via a range of programs and initiatives.

The rates of violence against women and children across Warrnambool are significantly higher than the Victorian state average.

Council has undertaken some consultation regarding the future of the mural along with monitoring the media.

Cr Ermacora moved and Cr Gaston seconded that in addition to the two recommendations, Council formally acknowledge the victims of sexual assault.

1. That Council condemns the actions of Rolf Harris and others who perpetrate violence against women and children.

2. That Council acknowledge the victims of sexual assault.

3. That the mural in the Lighthouse Theatre loading dock remains covered indefinitely.

The amended motion was supported by Council (5-2)

An amendment foreshadowed by Cr Hulin to paint over the mural and install a plaque acknowledging victims and condemning the perpetrators of sexual assault was not debated following the adoption of Cr Ermacora's amended motion.


5.5 Allansford Recreation Reserve Committee of Management – Request to Name Reserve’s Eastern Oval

Council received a request from the Allansford Recreation Reserve Committee of Management to name the Reserve’s eastern oval the John McLean Oval.

An exemption to name a place is required to be submitted to Geographic Place Names Victoria when names of people who are still alive are proposed.

The exemption was approved in November 2014.

Community consultation was undertaken with no feedback received.

Council supported the following recommendation (7-0).

That Council approves the Allansford Recreation Reserve Committee of Management’s proposal to name the Reserve’s eastern oval the John McLean Oval and that the request be submitted to Geographic Place Names for registration.


5.6 City Infrastructure Operations Report February 2015

This report provides information on key activities of the City Infrastructure Directorate for the months of November, December and January.

Highlights include:

- The $700,000 resealing program has been completed across the City.

- The $1.8m road rehabilitation and major patching program is well under way and due for completion in April.

- The stage 1 depot upgrade is now complete.

- The $4.922m Aviation Park at the Regional Airport is well under way and is due for practical completion in May.

- Horne Road stage 2 works is currently advertised and due for completion by 30 June; Aberline Road upgrade to Wangoom Road is being finalised for tender advertisement.

- The Lava Street pedestrian crossing is now complete and working well to increase safety at this prominent location.

- VicHealth Walk to School program raises awareness of benefits of sustainable transport and had significant participation with 1,700 students registered across eight primary schools. Over 1,000 students walked more than ten times to their respective schools, within the month.

- The installation of the new ticket machines in Council’s off-street car parks has been completed. Users have provided positive comments stating appreciation for the improved reliability of the machines and the flexibility of payment options.

- The 2014 secondary school immunisation program was completed in November. A total of 3334 immunisations were delivered through the program.

Council received the report (7-0)


5.7 General Revaluation 2016

The Valuation of Land Act requires each of Victoria's 79 municipalities to carry out a general revaluation of all rateable land within the municipality every two years.

Up-to-date Council valuations ensure equity in property-based council rates, land tax assessments and the fire services property levy.

Council is due to commence the process for the return of the 2016 general revaluation for all rateable properties in the municipality.

The process is overseen by the Valuer-General Victoria who also certifies the revaluation.

The 2016 general revaluation will come into operation from the 2016-2017 rating year

Council supported the following recommendations (7-0):

1. That pursuant to Section 11 of the Valuation of Land Act the Council cause a revaluation of the City of Warrnambool to be carried out, as from February 2014 and to be based on the effective level of value date of 1 January 2016 and

2. That pursuant to Section 6 (1) of the Valuation of Land Act the Council gives notice of the resolution for a revaluation of the City to be undertaken to the following rating authorities:-

- Valuer General Victoria

- The Commissioner of Land Tax

3. Pursuant to Section 7 of the Valuation of Land Act the Valuer-General Victoria be advised that Preston Rowe Patterson, as valuer for the City of Warrnambool has been authorised to carry out the valuation,

4. That the Valuer-General be requested to confer with Preston Rowe Patterson to ensure that the appropriate declarations are made as part of the valuation return, and consistent with the Warrnambool City Council Planning Scheme, for such properties:-

- Eligible for Commercial use rating

- Eligible of Industrial use rating

- Eligible for Farm Land rating

5. Further, that the valuation be returned in sufficient time for the new valuations to come into operation for use in the 2016/2017 financial year.


5.8 December 2014 Financial Performance Report

Each month the financial performance of Council is reviewed and each quarter the results are reported to Council as required by the Local Government Act.

This report compares actual financial results with seasonalised budgets for the six months ended 31 December 2014.

It indicates a favourable recurrent result for the period and some timing differences for the capital works program.

The report also sets out budget variations for the quarter which include the successful procuring of an additional 16 grants totalling almost $400,000.

Council supported the following recommendation (7-0):

That Council endorse the Financial Report for the six months ended 31 December 2014 including budget variations contained therein.


5.9 Council Plan 2013-2017: Strategic Indicators – December Quarter 2014/15

The Council Plan sets out the strategic direction of Council.

Council has four key objectives in the Council plan, namely A Leading regional City, A Sustainable City, A Liveable City and A City of Growth and has developed numerous Strategies to achieve the key objectives.

This report sets out progress to the December Quarter 2014/15 on the Strategic Indicators that measure progress in achieving the Strategies set out in the Council Plan and indicates that 67 of the 85 Strategic Indicators have been completed.

Some noteworthy achievements include:

- Secured funding for $4.8m airport upgrade, tenders let and construction commenced

- Simpson street drainage solutions identified and stage one works about to go to tender

- Funding secured to investigate options for a safer boating harbour, working groups established and consultation process commenced.

- City Centre revitalization plan adopted and progressing to concept plans

- Funding secured and progressing to tender for Flagstaff Hill redevelopment

- Structure planning and infrastructure provision to identified growth areas to address previous land supply shortage

- Successful stage 2 “go live” for the Technology One software installation.

- Preparation and adoption of the Open Space Strategy.

- Updated Risk Policy and Strategy.

- Achieving “low risk” financial sustainability.

Council supported the following recommendation (7-0):

That Council endorse the Strategic Indicators progress report for the December quarter 2014/15.


5.10 Assembly of Councillors Records

Council received the report (4-3).


5.11 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (7-0).


6.1 Notice of Motion – No. 2121

Cr Kelson moved the following motion:

That in a genuine endeavour to establish more effective communication and improved respectful relationships between Mayor and all Councillors, that the Council resolves to formally adopt and implement the guidelines endorsed by the Municipal Association of Victoria.

That the Mayor leads the whole Council by facilitating the participation and inclusion of all Councillors and build a united Council ensuring effective communication and respectful relationships.

That the Mayor heals rifts among colleagues and minimises the political isolation of any Councillor. The Mayor puts the interest and harmony of the Council above any personal interest and takes ultimate public responsibility for the Council’s performance.

Cr Neoh moved and Cr Gaston seconded an amendment to the motion, to the effect that the opening paragraph refer to respectful relationships between all Councillors and that the Council's Code of Conduct include reference to the VLGA, MAV, LGPro and Local Government Victoria Good Governance Guide.

The amendment was supported by Council (5-2).

The motion was then moved by Cr Neoh and seconded by Cr Gaston.

The motion was carried (7-0).


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