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AGENDA

ORDINARY MEETING OF COUNCIL

Tuesday 20 March 2018

To be held in the

Council Chamber, Shire Hall, 233-235 Barkly Street, Ararat

Commencing at 6.00pm

Council:

Cr Glenda McLean (Mayor) Cr Gwenda Allgood

Cr Jo Armstrong Cr Peter Beales

Cr Bill Braithwaite Cr Darren Ford

Cr David Pettman

Our Vision

Our communities, our opportunities

Our Mission Statement We will demonstrate leadership through social responsibility, openness and transparency by actively working

with our community to achieve shared goals.

Our Values Respect - Respect for each other and the wider community.

Excellence - Striving for ongoing professionalism and organisational excellence. Passion - Passion for our people, community and services.

An audio recording of this meeting is being made for the purpose of verifying the accuracy of the minutes of the Council Meeting, Special Council Meeting or Assembly of Councillors. Recordings of Council Meetings and Special Council Meetings (excluding closed sessions) will be made available on Council’s website.

ARARAT RURAL CITY COUNCIL 20 MARCH 2018 AGENDA FOR ORDINARY MEETING INDEX PAGE 1

SECTION 1 – PROCEDURAL MATTERS ...............................................................................................................3

1.1 TRADITIONAL ACKNOWLEDGEMENT/OPENING PRAYER/COUNCILLORS PLEDGE ..................3

1.2 APOLOGIES AND GRANTING OF LEAVE OF ABSENCE ..................................................................3

1.3 CONFIRMATION OF MINUTES .............................................................................................................3

1.4 DECLARATION OF DISCLOSURE OF INTERESTS ............................................................................4

1.5 ADMISSION OF URGENT BUSINESS ..................................................................................................4

SECTION 2 – PUBLIC PARTICIPATION ................................................................................................................5

2.1 REQUEST TO ADDRESS COUNCIL .....................................................................................................5

2.2 DEPUTATIONS / PRESENTATIONS .....................................................................................................5

2.3 PETITIONS .............................................................................................................................................5

SECTION 3 – REPORTS REQUIRING COUNCIL DECISION ................................................................................6

3.1 COUNCIL POLICY C.1.10 COMMUNITY ENGAGMENT ......................................................................6

3.2 APPOINTMENT OF COUNCIL DELEGATES TO COMMITTEES/ORGANISATIONS .........................8

3.3 APPLICATION FOR PLANNING PERMIT NO. 2694 ......................................................................... 10

SECTION 4 – INFORMATION REPORTS ............................................................................................................ 35

4.1 COUNCIL WORK PLAN/ACTION PLAN – MARCH 2018 ................................................................. 35

4.2 BUILDING APPROVALS..................................................................................................................... 37

4.3 PLANNING MATTERS APPROVED UNDER DELAGATION ............................................................ 39

PLANNING PERMITS AND CERTIFICATION OF SUBDIVISION PLANS ..................................................... 39

4.4 ARARAT ARTS PRECINCT REDEVELOPMENT PROJECT UPDATE-FEBRUARY 2018 .............. 42

SECTION 5 – COMMITTEE MINUTES/REPORTS .............................................................................................. 44

5.1 SECTION 86 COMMITTEES OF MANAGEMENT .............................................................................. 44

5.2 ADVISORY COMMITTEES.................................................................................................................. 47

SECTION 6 – ASSEMBLY OF COUNCILLORS .................................................................................................. 49

6.1 ASSEMBLY OF COUNCILLORS ........................................................................................................ 49

SECTION 7 – COUNCILLORS REPORTS ........................................................................................................... 51

SECTION 8 – NOTICES OF MOTION .................................................................................................................. 52

SECTION 9 – URGENT BUSINESS ..................................................................................................................... 53

SECTION 10 – CLOSE SESSION (CONFIDENTIAL) .......................................................................................... 54

CLOSURE OF COUNCIL MEETING TO THE PUBLIC ................................................................................... 54

ARARAT RURAL CITY COUNCIL 20 MARCH 2018 AGENDA FOR ORDINARY MEETING INDEX PAGE 2

OPEN COUNCIL MEETING RECOMMENCEMENT ........................................................................................ 54

LIFTING OF CONFIDENTIALITY OF CLOSED SESSION RESOLUTIONS................................................... 54

ARARAT RURAL CITY COUNCIL 20 MARCH 2018 AGENDA FOR ORDINARY COUNCIL MEETING PAGE 3

SECTION 1 – PROCEDURAL MATTERS

1.1 TRADITIONAL ACKNOWLEDGEMENT/OPENING PRAYER/COUNCILLORS PLEDGE

Traditional acknowledgement

We acknowledge the traditional owners of the land on which we meet today, and pay our respects to their elders, past, present and emerging.

Opening Prayer Almighty God, we humbly ask you to help us, as elected Councillors of the Ararat Rural City Council.

Guide our deliberations. Prosper what is your will for us, to your honour and glory and for the welfare and benefit of the people whom we serve in the Ararat Rural City.

Councillors Pledge We will undertake the duties of the office of Councillor in the best interests of the people of the municipal

district of the Ararat Rural City Council and faithfully and impartially carry out the functions, powers, authorities and discretions vested in us under the local government act 1989 or any other act to the best of our skill and judgment.

1.2 APOLOGIES AND GRANTING OF LEAVE OF ABSENCE RECOMMENDATION That the apology of Municipal Monitor, Ms Janet Dore be accepted. RECOMMENDATION (if required) That the request from Cr ? for Leave of Absence from ## Month 2018 to ## Month 2018 be accepted. Note: The request for Leave of Absence granted to Cr Gwenda Allgood from 18 March 2018 to 2 April at the 20 February 2018 Council Meeting is no longer required. 1.3 CONFIRMATION OF MINUTES RECOMMENDATION That the Minutes of the Council Meeting held on 20 February 2018 be confirmed.


1.4 DECLARATION OF DISCLOSURE OF INTERESTS Disclosure of Interests are to be made immediately prior to any relevant item being discussed. Local Government Act 1989 Section 79 (2) A Councillor or member of a special committee who has a

conflict of interest and is attending the meeting of the Council or special committee must make a full disclosure of that interest -

(a) by either - (i) advising the Council or special committee at the meeting of the details required under

paragraph (b) and (c) immediately before the matter is considered at the meeting; or (ii) advising the Chief Executive Officer in writing of the details required under paragraphs (b)

and (c) before the meeting; and (b) classifying the type of interest that has given rise to the conflict as either - (i) a direct interest: or

(ii) an indirect interest and specifying the particular kind of indirect interest under section 78, 78A, 78B, 78C, 78D or 78E; and

(c) describing the nature of the interest; and (d) if the Councillor or member advised the Chief Executive Officer of the details under paragraph (a)

(ii), the Councillor or member must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting.

Local Government Act 1989 Section 80C) A person who is providing advice or a report to a meeting of the Council or a special committee, and who has a conflict of interest in a matter to which the advice or report relates, must disclose the constituting the conflict of interest when providing the advice or report and before the advice or report is considered by the Council or the committee.

1.5 ADMISSION OF URGENT BUSINESS Items proposed as urgent business must not be submitted to the meeting other than by resolution of the

Council and only if it relates to or arises out of a matter which has arisen since distribution of the Agenda or which cannot be reasonably deferred for inclusion in the agenda of the next meeting.

The Urgent Business Item/s admitted will be considered as part of Section 9 Urgent Business. RECOMMENDATION (if required) That Council admits as Urgent Business an item titled “XX” and this matter be considered as part of Section 9 Urgent Business.

ARARAT RURAL CITY COUNCIL 20 MARCH 2018 AGENDA FOR ORDINARY COUNCIL MEETING

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SECTION 2 – PUBLIC PARTICIPATION 2.1 REQUEST TO ADDRESS COUNCIL Questions to address the Council can be made without notice The presenter will be allocated a maximum of three (3) minutes to present his or her address to the

Council. An extension of time may be granted by a resolution of Council. During the presentation, the presenter may not address questions to Councillors or officers.

Two minutes will be allocated for Councillors to ask questions of the presenter, if required. Following the

presentation, Council may request a further report on the matter from officers. Members of the public gallery are not allowed to communicate with Councillors and officers whilst the

meeting is in progress. 2.2 DEPUTATIONS / PRESENTATIONS 2.3 PETITIONS Clause 15 of Council’s Meeting Procedure states:

1 A petition presented to Council must lay on the table until the next Ordinary Meeting of Council and no motion, other than to receive the petition or joint letter may be accepted by the Chair, unless the Council agrees to deal with it earlier.

2 Petitions received by Ararat Rural City Council will be tabled under “Petitions” in the Order of Business.

3 At the meeting the petition will be formally received by Council and referred to the relevant area of Council for consideration and action which will be reported to the next ordinary meeting of Council for decision if one is required.

4 When a petition relates to an item already on the agenda at the meeting at which the petition is tabled, the matter will be dealt with at that meeting.

5 Any Councillor presenting a petition will be responsible for ensuring that he or she is familiar with the contents and purpose of the petition and that the petition is not derogatory or defamatory.

6 Any person who fraudulently signs a petition or joint letter which is presented to the Council is guilty of an offence.


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SECTION 3 – REPORTS REQUIRING COUNCIL DECISION 3.1 COUNCIL POLICY C.1.10 COMMUNITY ENGAGMENT RESPONSIBLE OFFICER: EXECUTIVE MANAGER COMMUNITY LIFE DEPARTMENT: COMMUNITY LIFE REFERENCE: 13040303 OFFICER DIRECT OR INDIRECT CONFLICT OF INTEREST: Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

PURPOSE To adopt a new Community Engagement policy. EXECUTIVE SUMMARY Council’s current Community Engagement Policy was adopted in 2015. This report provides a summary of changes to the policy in line with recommendations from the Ararat Rural City Commission of Enquiry Report. RECOMMENDATION That the Council Policy C.1.10 Community Engagement be adopted. BACKGROUND Council’s Community Engagement Policy is a strategic document that outlines the principles of engagement. The Commission of Enquiry into Ararat Rural City Council report made the following recommendation with regard to Council’s Community Engagement Policy; a Council reviews its community engagement policy b Council processes for documenting and evaluating community engagement be included in the policy c Council considers the findings of the VAGO Audit of Public Participation and Community Engagement in

Local Government in reviewing its community engagement policy. This review has taken these recommendations into account. DISCUSSION The Community Engagement Policy outlines Council’s approach to engaging on decisions that impact the community. It considers the International Association Public Participation (IAPP2) as a best practise engagement continuum of community participation in decision making. Based on the recommendations for improvement the area of monitoring and evaluation has been expanded and improved on. A supporting handbook containing operational templates for officers to use has also been updated. Evaluation reports on each formal engagement activity will be provided to ELG on completion with an annual review report provided to Council. The reviews will be used to continually improve engagement processes and to assist in future policy and procedure reviews.


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The policy implementation will include induction sessions with all Council officers to assist them to understand how the policy affects them and what is expected of them in order to comply. These induction sessions will occur over 3 months from May to July and will acknowledge that all Council employees are involved in Community Engagement in some way or another. KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 1.2 Community services that are accessible, inclusive and responsive to community needs – Active

conversations with residents via a program of community engagement activities. Financial Implementation of this policy does not have an additional impact on the budget at this time. Policy/Legal/Statutory Statutory Community Engagement is required under the following acts; Local Government Act 1989 Planning and Environment Act 1987 Public Health & Wellbeing Act 2008 Road Management Act 2004 Risk Assessment Council officers are required to assess the risk of each engagement activity as part of the planning process. A matrix is included in the planning template and will be used to assess individual risks each time they undertake formal engagement. Stakeholder Consultation and Communication Consultation for the review of this policy has occurred with a number of staff within the organisation who are responsible for engagement activities, the internal advisory committee and all Councillors.

CONCLUSION This review has seen some minor changes to the policy to align with recommendations of the VAGO report. It is anticipated that the next review will be required to coincide with the new Local Government Act which is expected to make specific conditions for deliberative engagement activities. ATTACHMENTS The Council Policy C.1.10 Community Engagement is provided as Attachment 3.1.


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3.2 APPOINTMENT OF COUNCIL DELEGATES TO COMMITTEES/ORGANISATIONS RESPONSIBLE OFFICER: MANAGER EXECUTIVE SERVICES AND GOVERNANCE DEPARTMENT: CORPORATE STRAGEGY, RISK AND GOVERNANCE REFERENCE: 13039075 OFFICER DIRECT OR INDIRECT CONFLICT OF INTEREST: Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

PURPOSE This report is to provide clarity on Council representation on the Audit Committee. EXECUTIVE SUMMARY Council is represented on a range of bodies and committees, which are appointed at the Statutory Meeting each year. On Monday 5 March 2018 Council received the resignation from Cr Gwenda Allgood as a Council representative on the Audit Committee. RECOMMENDATION That Council appoint a Council delegate to replace the vacant position on the Audit Committee for the remainder of this current Council term. DISCUSSION Council is now required to appoint a Councillor representative to replace the vacant position on the Audit Committee for the remainder of this current Council term. KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 5.1 Good governance through leadership Financial There are no financial implications. Policy/Legal/Statutory Council representation is required on the Audit Committee. Risk Assessment An update of the Audit Committee Councillor representation to the definitive list of Councillor representations will clarify who is the Council appointed delegate/s to any particular body or Committee. Stakeholder Consultation and Communication Appointment to Council’s Audit Committee was discussed at the Assembly of Councillors held on 6 March 2018.


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CONCLUSION The appointment of Councillor representation to the Audit Committee is at the discretion of the Council of the day. ATTACHMENTS There are no attachments relating to this item.


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3.3 APPLICATION FOR PLANNING PERMIT NO. 2694 RESPONSIBLE OFFICER: STATUTORY PLANNER DEPARTMENT: PLANNING AND PUBLIC HEALTH REFERENCE: PLANNING APPLICATION NO. 02694 OFFICER DIRECT OR INDIRECT CONFLICT OF INTEREST: Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

PURPOSE Consideration of Application for Planning Permit No. 2694. EXECUTIVE SUMMARY Application for Planning Permit No. 2694 was lodged by Hotondo Homes for the construction of two dwellings and three lot subdivision of the land at 1 Blackie Avenue, Ararat being Lot 1 on TP 430736L Township and Parish of Ararat. The land is zoned General Residential Zone (GRZ1) and has no overlays. Notice of application was carried out by forwarding notices to the owners and occupiers of the adjoining land, placing a notice on the land and placing a notice in the Ararat Advertiser. Following the fourteen-day period six objections or submissions were received. A consultation meeting with applicant and objectors was held December 2017 Council is now required to decide on the application. RECOMMENDATION That Council, having required that Notice of Application be given and having received and considered objections and the question of detriment, resolves on Planning Application No. 2694 for the construction of two dwellings and three lot subdivision of the land at 1 Blackie Avenue, Ararat being Lot 1 on TP 430736L Township and Parish of Ararat that Notice of Decision to Grant a Permit be issued stating that Council has decided to grant a permit subject to the following conditions:-| 1. Amended Plan Required Before the development starts plans must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application or some other specified plans but modified to show: a) front setback of dwelling 3 to comply with Clause 55.03-1 b) southern setback of dwelling 3 to comply with Clause 55.04-1 c) Location of water tanks, heating or cooling equipment, mailboxes or other services d) Location of waste and recycling bins, and service infrastructure. e) Height, type, material and colour of the front fences of proposed two dwellings fronting lane f) Landscape plans in accordance with condition 3. 2. Layout Not Altered The development as shown on the endorsed plan must not be altered without the written consent of the Responsible Authority. 3. Amended Landscape Plan Before the development starts, a Landscape Plan for all landscape works must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part


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of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: a) A planting schedule of all proposed trees, shrubs and ground covers, including location, botanic

names, common names, pot sizes, size at maturity, and quantity of each plant. b) Details of surface finishes of pathways and driveways. c) Semi-mature exotic canopy tree in the front of dwelling 2 and 3 All species selected must be to the satisfaction of the Responsible Authority. 4. Completion and maintenance of landscaping Before the of the development starts or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plan must be carried out, completed and maintained to the satisfaction of the Responsible Authority. 5. Telecommunications The Owner of the land must enter into an agreement with: - a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider's requirements and relevant legislation at the time; and - a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network (NBN) will not be provided by optical fibre. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: - a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider's requirements and relevant legislation at the time; and - a suitably qualified person that fibre ready telecommunications facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. 6. Drainage Construction All underground or surface works that are considered necessary by the Responsible Authority must be constructed in accordance with plans, computations and specifications submitted to and approved by the Responsible Authority before the use commences. Such drainage works must be designed and installed to transport stormwater run-off from the subject land and surrounding land or adjoining road(s) to an approved point of discharge. Storm water must not drain or discharge from the land to adjoining properties without the prior approval of the Responsible Authority. All works must be completed to the satisfaction of the Responsible Authority prior to the use commences. 8. Vehicle Access - Development Vehicle access to dwellings 1, 2 and 3 must be constructed at approved locations in accordance with plans, designs and specifications approved by the Responsible Authority (IDM SD 240) or alternative. All works must be completed to the satisfaction of the Responsible Authority prior to the use commencing. 9. Drainage Discharge Plan Before the development starts a properly prepared drainage discharge plan with computations to the satisfaction of the responsible authority must be submitted to and approved by the Responsible Authority. When approved, The information and plan must include: a) Details of how the works on the land are to be drained and / or retarded b) Computations and specification submitted to and approved by Responsible Authority c) Independent drainage for each lot d) Underground pipe drains conveying stormwater to the legal point of discharge e) A maximum discharge rate from the site is to be determined by computation to the satisfaction of

Council f) Stormwater to legal point of discharge.


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10. Design & Construction of Civil Works Design and construction of road works, drainage and other civil works, in accordance with plans and specifications approved by the Responsible Authority and must include: a) Road widening (ROW Blackie Avenue) to 5.5m as shown on Plan b) Full construction of Laneway (ROW Blackie) from Blackie Avenue to eastern boundary of lot3 at 5.5m

width with two coat seal c) Construction of concrete spoon drain or alternative d) Construction of underground drainage e) Connection of existing stormwater pipes (down pipe) to drainage system f) Widening of layback at intersection of Blackie Avenue and Lane to suit road width (5.5m) g) Street Light on existing pole at intersection Blackie and Laneway h) Underground conduits for water, gas, electricity and telephone Note: Splay at intersection of Blackie Ave and Laneway may be required 10. Engineering Fees Under section 17(2)(b) of the Subdivision Act 1988 and clause 8 of the Subdivision (Permit and Certification Fees) Regulations 1989, the prescribed fee for supervision of work must be up to 2.5 per cent of the cost of constructing those works, which are subject to supervision. Such a fee must be paid to the Responsible Authority prior to the issue of a Statement of Compliance. Disclaimer In supervising the works to ensure that all approved designs, plans and specifications are complied with, Council is not responsible for any defects or failure in the works being undertaken (or the consequence of such defect or failure). The Developer must be responsible for ensuring that the works are completed in accordance with the approved designs, plans, and specifications, any Act or Regulation or Council Local Law. 11. Fee for Checking Engineering Plans Under section 43(2)(a)(iv) of the Subdivision Act 1988 and clause 9 of the Subdivision (Permit and Certification Fees) Regulations 1989, the prescribed maximum fee for checking engineering plans must be 0.75 percent of the estimated cost of constructing the works proposed on the engineering plan. Such a fee must be paid to the Responsible Authority prior to the issue of a Statement of Compliance. Disclaimer In supervising the works to ensure that all approved designs, plans and specifications are complied with, Council is not responsible for any defects or failure in the works being undertaken (or the consequence of such defect or failure). The Developer must be responsible for ensuring that the works are completed in accordance with the approved designs, plans, specifications, any Act or Regulation or Council Local Law. 12. Formal Plan of Subdivision The formal plan of subdivision lodged for certification must be in accordance with the endorsed plan and must not be modified except to comply with statutory requirements or with the written consent of the Responsible Authority. 13. Easements All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. 14. Payment in Lieu of Open Space The applicant or owner must pay to the Council a sum equivalent to five per cent of the site value of all land in the subdivision and the cost incurred with the Land Valuation to ascertain the Open Space contribution. This payment must be made before a statement of compliance is issued and may be varied under section 19 of the Subdivision Act 1988. 15. Downer


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The plan of subdivision submitted for certification must be referred to AusNet Gas Services in accordance with Section 8 of the Subdivision Act 1988. 16. GWM Water (04/040/1188) a. The owner/applicant must install water mains and associated works to serve each lot of the subdivision, at the owner's cost, and in accordance with GWMWater's specification and requirements. b. The owner/applicant must provide plans and estimates of all proposed water supply works prior to commencement, for GWMWater's approval. c. The owner/applicant must provide individually metered water services to each lot in accordance with GWMWater's requirements. d. The owner/applicant must install sewerage mains and associated works to individually serve each lot of the proposed development, at the owner's cost, in accordance with GWMWater's requirements. e. The owner/applicant must provide individual sewer services to each lot in accordance with GWMWater's requirements. f. The owner/applicant must provide plans and estimates of all proposed sewerage works prior to commencement for GWMWater's approval. g. The owner/applicant must pay to GWMWater a fee of 3.25% of the total cost of construction (including design and supervision) for its review of design documentation and supervision of works. This fee relates to checking that the works are designed and constructed in accordance with GWMWater's requirements and does not relieve the developer from ensuring proper design and appropriate supervision. h. The owner/applicant must provide written notification of commencement of the works to enable GWMWater to organise inspections and coordinate with its staff. i. The owner/applicant must provide ―as constructed" plans and a schedule of final asset costs at the level identified in GWMWater's asset register for all sewerage works upon completion. j. The plan of subdivision submitted for certification must be referred to GWMWater in accordance with Section 8 of the Subdivision Act. 17. Powercor Australia (235264) a. The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act. b. The applicant shall:- • Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. • Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor. • Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. Alternatively, at the discretion of Powercor Australia Ltd a lease(s) of the site(s) and for easements for associated power lines, cables and access ways shall be provided. Such a lease shall be for a period of 30 years at a nominal rental with a right to extend the lease for a further 30 years. Powercor Australia Ltd will register such leases on the title by way of a caveat prior to the registration of the plan of subdivision.


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• Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new power lines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for ―Power line Purposes‖ pursuant to Section 88 of the Electricity Industry Act 2000. • Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots. • Adjust the position of any existing easement(s) for power lines to accord with the position of the line(s) as determined by survey. • Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a power line and for the construction of any works in such an area. • Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required. 18. Expiry of Permit This permit will expire if one of the following circumstances applies:

The development is not started within two years of the date of this permit.

The development is not completed within four years of the date of this permit.

The Certified Plan of Subdivision is not registered within five years from the date of certification of the plan.

The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within 6 months afterwards. If the use or development has lawfully started, the responsible authority may also extend the time to complete the development if a request is made in writing within 12 months after the permit expires or as specified under Section 69 of the Planning and Environment Act 1987. BACKGROUND Site The subject site positioned approximately 55m from the Barkly Street and 1 kilometre from the Ararat town centre. The subject site is a rectangular shape and has a frontage of 27.432 metres along Blackie Avenue, a depth of 82.880 metres with an area of approximately 2273 m². The subject site abuts an unnamed laneway at the rear properties fronting Barkly Street West. Blackie Avenue is constructed to sealed residential road standard while the laneway is an unformed gravel surface. To the east of the property is a parcel of crown land.


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Neighbourhood context – aerial

Zoning map


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Proposal An application has been received construction of two (2) additional dwellings and three (3) lot subdivision including widening adjacent laneway.

Plan of proposed development Notice of application Notice of application was carried out by forwarding notices to the owners and occupiers of the adjoining land, and placing a notice in the Ararat Advertiser. Following the fourteen-day period six objections or submissions were received. In accordance with the Section 60 of the Planning and Environment Act the Responsible Authority must consider ‘all objections and other submissions which are received and which have not been withdrawn.’ Referrals The application was forwarded to GWM Water, Powercor, Downer and Country Fire Authority who raised no objection subject to conditions The application was forwarded internal to the Assets Department who raised no objection subject to conditions. Previous Council Decisions No previous planning decisions on this parcel. DISCUSSION The site as indicated is zoned General Residential (GRZ1) and there are no overlay controls. A planning permit is required because of the following reasons: Clause 32.08-3 A permit is required to subdivide land. Clause 32.08-6 A permit is required to:

- Construct a dwelling if there is at least one dwelling existing on the lot. - Construct two or more dwellings on a lot.

An assessment against SPPF and LPPF and Clause 52.06 and 55 is provided below


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10. State Planning Policy Framework

State Planning Policy Framework Comment

16.01-4 Housing diversity Objective To provide for a range of housing types to meet increasingly diverse needs.

16.01-5 Housing affordability Objective To deliver more affordable housing closer to jobs, transport and services.

The proposal supports the policy of housing diversity by providing higher density residential dwelling options in the inner urban areas of Ararat.

The proposed dwellings form part of existing residential development in an area that is close to community infrastructure and services in the township of Ararat.

20. Local Planning Policy Framework

Municipal Strategic Statement Comment

Clause 21.03-1 Townships Objective To retain and promote the individual character and role of each of the settlements in the municipality while supporting sustainable growth and incremental change.

Encourage greater diversity in the range of housing opportunities provided, including additional small lot and multi-unit housing.

Encourage the provision of a diverse range of dwellings particularly higher density developments within the existing townships.

Ensure that new residential and rural residential areas have convenient and safe connections to the commercial and community facilities in the town centres.

The site falls within the outer city area of the Ararat Framework Plan which aims to diversify the range of housing choices available in Ararat through the provision of medium density and affordable housing opportunities.

The development supports the strategies through encouraging multi-unit housing and higher density development within the existing township.

The location of the site is close to the existing commercial and community infrastructures including schools, hospitals, parks and sports facilities etc.

30. Zones

Clause 32.08 Residential 1 Zone Comment

32.08-12 Decision guidelines General The State Planning Policy Framework and the

Local Planning Policy Framework, including the

Municipal Strategic Statement and local planning

policies.

The development is consistent with the objectives of the SPFF and LPPF including the MSS

Generally consistent with Clause 55 as discussed below


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The purpose of this zone. Any other decision guidelines specified in a schedule to this zone.

The proposal supports the purpose of this zone by encouraging diversity in dwelling types as well as respecting the existing neighbourhood character.

Subdivision The pattern of subdivision and its effect on the spacing of buildings. For subdivision of land for residential development, the objectives and standards of Clause 56.

The proposed subdivision is a three (3) lot subdivision with one dwelling on each lot. The site is approximately 2260m2 which is considered to have the capacity to accommodate the proposed two additional dwellings. Lot 1 with the existing dwelling is 932m2, Lot 2 is 628m2 and Lot 3 is 651m2.

The subdivision is considered to have met the objectives and standards of Clause 56 based on the result of assessment of Clause 55.

55 Two or more dwellings on a lot and residential buildings

55.02 Neighbourhood character and infrastructure

Title & Objective Standard Compliance

55.02-1 Neighbourhood Character

To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.

To ensure that development responds to the features of the site and the surrounding area.

Standard B1

The design response must be appropriate to the neighbourhood and the site.

Standard met

The existing neighbourhood character on Blackie Avenue is inhomogeneous formed by mainly single storey detached dwellings with varying architecture styles.

The existing dwellings are a mix of face brickwork, rendered brick and weatherboard with hip and gable roof design. Front fences are also diverse in material, design and heights (brick, timber picket or no fence).

Street trees along the driveway and established landscaping in the yard of each lot are key elements of the streetscape in terms of the natural strip in this area.

The proposed development includes two single storey four bedroom dwellings, both of them are typical single storey townhouses with appropriate level of articulation including brick facade, portico and lock-up garage.

It is considered the proposal respects the existing neighbourhood character as the two proposed dwellings face the laneway and have little impact on the Blackie Avenue streetscape

The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site.

55.02-2 Residential policy

To ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic

Standard B2

An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning

Standard met

The application complies with a number of strategies in Ararat MSS, including:

‘Encourage infill development within township boundaries identified in adopted Framework Plans’. MSS Clause 21.03

‘Ensure that new residential and rural residential areas have convenient and safe connections to the commercial and community facilities in the town centres’. MSS Clause 21.03

‘Encourage greater diversity in the range of housing opportunities provided, including additional small lot and multi-unit housing opportunities’ MSS Clause 21.03


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Statement and local planning policies.

To support medium densities in areas where development can take advantage of public transport and community infrastructure and services.

Policy Framework, including the Municipal Strategic Statement and local planning policies.

Ensure the future development maximises the existing infrastructure and minimises further infrastructure costs’ MSS clause 21.03.

‘Encourage appropriate medium density development in close proximity to Ararat’s town centre’ MSS clause 21.07

‘Seek to diversify the range of housing choices available in Ararat through the provision of medium density and affordable housing opportunities’.

55.02-3 Dwelling Diversity

To encourage a range of dwelling sizes and types in developments of ten or more dwellings.

Standard B3

Developments of ten or more dwellings should provide a range of dwelling sizes and types, including:

Dwellings with a different number of bedrooms.

At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level.

N/A

(applicable to 10 dwellings or more)

55.02-4 Infrastructure

To ensure development is provided with appropriate utility services and infrastructure.

To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard B4

Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available.

Standard met The development is in an established residential area and all services are available. The conditions of GWM Water, Powercor, Downer (gas), CFA and Assets officer will also ensure development does not overload the capacity of utility services and infrastructure. Development should not

unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads.

In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure.

N/A

55.02-5 Integration with the Street

Integrate the layout of development with the street.

Standard B5

Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility.

Standard met

The development will provide for the widening of the laneway and construction to a sealed residential standard. New vehicle driveway from Blackie Avenue will be constructed to provide access to the existing dwelling.

Pedestrian access is available along the existing footpath in Blackie Avenue.

Development should be oriented to front existing and proposed streets.


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High fencing in front of dwellings should be avoided if practicable.

Development next to existing public open space should be laid out to complement the open space.

N/A Not adjacent to public open space.

55.03 Site layout and building massing


55.03-1 Street Setback

To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Standard B6

Walls of buildings should be set back from streets:

At least the distance specified in the schedule to the zone, or

If no distance is specified in the schedule to the zone, the distance specified in Table B1.

Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard.

Standard met by condition

The site is the corner of Blackie Avenue and lane. According to the Table 1 of Clause 55.03-1, front walls of new development fronting the side street of a corner site should be setback at least the same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 3 metres, whichever is the lesser. There are no other dwellings facing the lane, a minimum setback of 3m is therefore required.

The applicant indicates that the proposed dwelling 2 will setback 4.0m from the side boundary, which complies with 3m requirement. However, dwelling 3 is proposed to have a zero-setback due to the additional widening for the road to accommodate truck turning within the laneway. This is to be addressed by condition

55.03-2 Building Height

To ensure that the height of buildings respects the existing or preferred neighbourhood character.

Standard B7

Where no maximum height is specified, the max height should not exceed 9m, unless the slope of the natural ground level at any cross section wider than 8m of the site is 2.5 degrees or more, in which case the max height should not exceed 10m.

Standard met

The elevations indicate that the proposed maximum building height does not exceed 9m.

Changes of building height between new and existing should be graduated.

The building height of existing dwelling is very similar with the proposed new building height.

55.03-3 Site Coverage

To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.

Standard B8

The site area covered by buildings should not exceed:

The maximum site coverage specified in the schedule to the zone, or

If no maximum site coverage is specified in

Standard met

The applicant indicates that the proposed site coverage is 24.5%


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the schedule to the zone, 60 percent.

55.03-4 Permeability

To reduce the impact of increased stormwater run-off on the drainage system.

To facilitate on-site stormwater infiltration.

Standard B9

At least 20 per cent of the site should not be covered by impervious surfaces.

Standard met

Proposed impervious areas including the building floor area and driveway. The total impervious area is 29%, therefore the permeability is 71%.

55.03-5 Energy efficiency

To achieve and protect energy efficient dwellings and residential buildings.

To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

Standard B10

Oriented to make appropriate use of solar energy.

Standard met

The applicant indicates that proposed dwelling 2 has a preliminary rating of 7.1 stars and dwelling 3 is 6.6 stars.

Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

Standard met Shadow plan submitted indicates no impact to adjoining lots.

Living areas and private open space should be located on the north side of the development, if practicable.

Standard met All proposed dwellings have some northern exposure to living areas and private open space.

Developments should be designed so that solar access to north-facing windows is maximised.

Standard met

The proposal has maximized the number of north-facing windows to living areas of the two proposed dwellings.

55.03-6 Open space To integrate the layout of development with any public and communal open space provided in or adjacent to the development.

Standard B11

If any public or communal open space is provided on site, it should:

Be substantially fronted by dwellings.

N/A

No public open space on or adjoining the subject site.

Provide outlook for dwellings

N/A

Be designed to protect natural features.

N/A

Be accessible and usable. N/A

55.03-7 Safety

To ensure the layout of development provides for the safety and security of residents and property.

Standard B12

Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways.

Standard met Entrance to the proposed dwellings is not obscured or isolated from the street or internal accessways.

Planting which creates unsafe spaces along streets and accessways should be avoided

Standard met

The site plan indicates no plants are proposed near the accessways of the new dwellings, and the existing big trees on the site will be removed for the construction.


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Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways.

Standard met

The applicant indicates that lighting will be provided on the internal driveways and car parking areas.

Private spaces within developments should be protected from inappropriate use as public thoroughfares.

Standard met

No public thoroughfare to the site is proposed. Widening of the lane to create a road for two-way traffic will not impact private spaces.

55.03-8 Landscaping To encourage development that respects the landscape character of the neighbourhood. To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance. To provide appropriate landscaping. To encourage the retention of mature vegetation on the site.

Standard B13

The landscape layout and design should:

Protect any predominant landscape features of the neighbourhood.

Take into account the soil type and drainage patterns of the site.

Allow for intended vegetation growth and structural protection of buildings.

In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals.

Provide a safe, attractive and functional environment for residents.

Standard met

A detailed landscape plan has been provided for each of the proposed dwellings.

Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood.

Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.

The landscape design should specify landscape themes, vegetation (location and species), paving and lighting.

55.03-9 Access

To ensure the number and design of vehicle crossovers respects the

Standard B14

The width of accessways or car spaces should not exceed:

Standard met

The widths of proposed accessways will not exceed 33% of the street frontages.


PAGE 23

neighbourhood character.

33 per cent of the street frontage, or

if the width of the street frontage is less than 20 metres, 40 percent of the street frontage.

No more than one single-width crossover should be provided for each dwelling fronting a street.

Standard met

A single crossover will be provided to each dwelling.

The location of crossovers should maximise the retention of on-street car parking spaces.

Standard met

One crossover to each street frontage maximises the on street parking availability

The number of access points to a road in a Road Zone should be minimised.

N/A

The proposed accessways are not connect to a Road Zone.

Developments must provide for access for service, emergency and delivery vehicles.

Standard met Access for service, emergency and delivery vehicles suitable to each dwelling. As detail design work has not been undertaken for widening the lane waste collection to proposed dwellings may be from Blackie Avenue.

55.03-10 Parking location

To provide convenient parking for resident and visitor vehicles.

To protect residents from vehicular noise within developments.

Standard B15

Car parking facilities should:

Be reasonably close and convenient to dwellings and residential buildings.

Be secure.

Be well ventilated if enclosed.

Standard met Each proposed dwelling has a double garage with internal access to the dwelling. The existing dwelling will be provided with a carport on the south side of the dwelling.

Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.

N/A

No shared access ways..


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55.04 Amenity Impacts


55.04-1 Side and rear setbacks To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B17

A new building not on or within 200mm of a boundary should be set back from side or rear boundaries:

At least the distance specified in the schedule to the zone, or

If no distance is specified in the schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.


The prosed dwellings are single storey that the average wall height is less than 3m, therefore 1m setback applied. The site plan indicates that all the proposed ground floor setbacks are 1m or greater.

There is no diagram in the site plan shows the roof (higher than 3.6m) setbacks, however it is considered the proposed roof setback is appropriate.

A condition will be included.

Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard.

Standard met by condition Location of services have not been shown on the plans submitted, no encroachments on verandahs and porches

Amended plan condition required

Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard.

Standard met No component of the building encroaches.

55.04-2 Walls on boundaries

To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B18

A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary for a length of more than:

10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or

N/A

No walls are proposed on any boundary.


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Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater

A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary.

N/A

A building on a boundary includes a building set back up to 150mm from a boundary.

N/A

The height of a new wall constructed on or within 150mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3 metres with no part higher than 3.6 metres unless abutting a higher existing of simultaneously constructed wall.

N/A

55.04-3 Daylight to existing windows

To allow adequate daylight into existing habitable room windows.

Standard B19

Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.

Standard met Proposed dwellings do not impact on existing habitable room windows to residences to the south.

Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from

N/A


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the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window.

Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.

N/A

55.04-4 North-facing windows

To allow adequate solar access to existing north-facing habitable room windows.

Standard B20

If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

Standard met

No impact on existing north facing habitable room windows.

55.04-5 Overshadowing open space

To ensure buildings do not significantly overshadow existing secluded private open space.

Standard B21

Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

Standard met No impact on existing secluded private open space.


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If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.

55.04-6 Overlooking

To limit views into existing secluded private open space and habitable room windows.

Standard B22

A habitable room window, balcony, terrace, deck or patio should be designed to avoid direct views into the secluded private open space of an existing dwelling within 9m (see clause for details) should have either:

A minimum offset of 1.5m from the edge of one window to the other.

Sill heights of at least 1.7m above floor level.

Fixed obscure glazing in any part of the window below 1.7m above floor level.

Permanently fixed external screens to at least 1.7m above floor level and be no more than 25 % transparent.

Standard met

The horizontal view distance is greater than 9m from most areas and it is considered a 1800mm boundary fence will alleviate any overlooking issues.

A condition will be included to ensure boundary fences are a minimum of 1800mm high.

Obscure glazing below 1.7m above floor level may be openable if there are no direct views as specified in this standard.

Screens to obscure view should be:

Perforated panels or trellis with solid translucent panels or a maximum 25% openings.

Permanent, fixed and durable.

Blended into the development.

55.04-7 Internal views

To limit views into the secluded private open space and habitable room windows of dwellings and

Standard B23

Windows and balconies should be designed to prevent overlooking of more than 50% of the secluded private open

Standard met

All internal fencing is 1800mm high.


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residential buildings within a development.

space of a lower-level dwelling or residential building directly below and within the same development.

55.04-8 Noise impacts

To contain noise sources in developments that may affect existing dwellings.

To protect residents from external noise.

Standard B24

Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings.

Standard met by condition The location of air conditioning plant is not detailed on the plans, if proposed.

A condition will be included.

Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties.

Standard met no noise sources on immediately adjacent properties.

Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms.

Standard met

The proposed development considered has sufficient distance nearest busy road (Barkly Street).

55.05 On-Site Amenity and Facilities


55.05-1 Accessibility

To encourage the consideration of the needs of people with limited mobility in the design of developments.

Standard B25

The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility.

Standard met The applicant indicates that the entries will be ramped with minimum stepping wherever possible

55.05-2 Dwelling entry

To provide each dwelling or residential building with its own sense of identity.

Standard B26

Entries to dwellings and residential buildings should:

Be visible and easily identifiable from streets and other public areas.

Provide shelter, a sense of personal address and a transitional space around the entry.

Standard met

Entries to each dwelling will be easily identified from the street or lane.

55.05-3 Daylight to new windows

To allow adequate daylight into new habitable room windows.

Standard B27

Habitable room windows to face:

An outdoor space clear to the sky or a light court with a

Standard met All habitable room windows face outdoor spaces and are open to the sky with a distance more than 1m.


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minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or

A verandah provided it is open for at least one third of its perimeter, or

A carport provided it has two or more open sides and is open for at least one third of its perimeter.

55.05-4 Private open space

To provide adequate private open space for the reasonable recreation and service needs of residents.

Standard B28

An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or

A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or

A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.

Standard not met, objective met Site plan shows that each proposed lot has more than 40m² private open space oriented to the rear or side of the dwelling in total.

55.05-5 Solar access to open space

To allow solar access into the secluded private open space of new dwellings and residential buildings.

Standard B29

The private open space should be located on the north side of the dwelling or residential building, if appropriate.

Standard met The secluded POS will be located to the side of the proposed dwellings to provide good northly aspect

The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall.

Standard met The orientation of both proposed dwellings appears to achieve this standard.

55.05-6 Storage Standard B30

Each dwelling should have access to a minimum 6m3

Standard met 6m3 storage has been indicated for each dwelling.


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Provide adequate storage facilities for each dwelling.

of externally accessible, secure storage space.

55.06 Design Details


55.06-1 Design detail

To encourage design detail that respects the existing or preferred neighbourhood character.

Standard B31

Design of buildings should respect the existing or preferred neighbourhood character and address:

Façade articulation & detailing.

Window and door proportions.

Roof form.

Verandahs, eaves and parapets.

Standard met The proposed two dwellings have a very common design in the neighbourhood.

Garages and carports should be visually compatible with the development and neighbourhood character.

Standard met Garage included within front façade similar to some of the contemporary dwellings in the neighbourhood

55.06-2 Front fences

To encourage front fence design that respects the existing or preferred neighbourhood character.

Standard B32

The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties.

Standard met The applicant has indicated that no front fence will is proposed along the lane.

A front fence within 3 metres of a street should not exceed:

The maximum height specified in the schedule to the zone, or

If no maximum height is specified in the schedule to the zone, the maximum height specified in Table B3.

Standard met

55.06-3 Common property

To ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained.

To avoid future management difficulties in areas of common ownership.

Standard B33

Developments should clearly delineate public, communal and private areas

Standard met

No common property.

Common property, where provided, should be functional and capable of efficient management.


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55.06-4 Site services

To ensure that site services can be installed and easily maintained.

To ensure that site facilities are accessible, adequate and attractive.

Standard B34

The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically.

Standard met by condition It is considered there is sufficient space available for installation and maintenance of services. A condition will be included to manage any common infrastructure on site efficiently.

Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development. Bin and recycling enclosures should be located for convenient access by residents

Standard met by condition The locations of the bin and recycle enclosures have not been shown on the plans. Condition will apply.

Mailboxes should be provided and located for convenient access as required by Australia Post.


No mailbox displayed in site plan, Condition will apply.

52.06 Car Parking

52.06-9 Design standards for car parking Comment

Design standard 1 – Accessways

Accessways must: Be at least 3 metres wide.

Standard met

Proposed driveways are at least 3m wide.

Have an internal radius of at least 4 metres at changes of direction or intersection or be at least 4.2 metres wide.

Standard met

No direction changes

Allow vehicles parked in the last space of a dead-end accessway in public car parks to exit in a forward direction with one manoeuvre.

N/A

No public car parks

Provide at least 2.1 metres headroom beneath overhead obstructions, calculated for a vehicle with a wheel base of 2.8 metres.

N/A

If the accessway serves four or more car spaces or connects to a road in a Road Zone, the accessway must be designed so that cars can exit the site in a forward direction

N/A


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Provide a passing area at the entrance at least 5 metres wide and 7 metres long if the accessway serves ten or more car parking spaces and is either more than 50 metres long or connects to a road in a Road Zone.

N/A

Have a corner splay or area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road. The area clear of visual obstructions may include an adjacent entry or exit lane where more than one lane is provided, or adjacent landscaped areas, provided the landscaping in those areas is less than 900mm in height.

Standard met

No visual obstructions along the driveway and entrance.

Key issues Objection The grounds of objection and a response to each ground are provided as follows: a) The proposed subdivision and two additional dwellings is not in keeping with the neighbourhood character; Response: Respecting character does not mean preventing change. In simple terms, respect for the character of a neighbourhood means that the development should be designed in response to its context. The addition of two dwellings that are proposed to face the lane will have little impact on the streetscape from Blackie Avenue. The proposed dwellings are both single storey and of a similar form to many other dwellings in the immediate area. Lot sizes of between 600-700m2 are evident in the immediate area with some lots in Barkly Street West down to less than 300m2. b) The proposed development will set a precedent for similar developments in Blackie Avenue.; Response: Future development of this nature will need to demonstrate a high level of compliance with the Ararat Planning Scheme. No precedent will be set by approval of this development as each application needs to be assessed on its own merits. c) Development of the laneway will encourage more traffic across the crown land at the rear of houses on the east side of Blackie Avenue; Response: Construction of the lane to facilitate access to the two proposed dwellings will increase the number of vehicle movements in and out of the lane. Conditions recommended for the construction of the lane to a sealed road standard will help limit noise and dust by vehicles using the lane. Having dwellings facing the lane will provide passive surveillance of the area and is likely to limit hoon behaviour. The crown land to the east of Blackie Avenue is zoned for public use for education and access to the land is managed by the Education Department and not public open space managed by Council. d) The parking problem which may occur with three dwellings on the property.


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Response: Two car parking spaces are provided to each dwelling, additional street parking in the laneway can be provided within a 5.5m carriageway. On-street parking in the remainder of Blackie Avenue will be unaffected. e) Inevitable disturbance such a large project will cause; Response: It is anticipated that any noise from the occupants of any new dwellings will be typical of residential uses in the area. Any noise emissions must comply with EPA regulations. Noise during the construction period is considered reasonable in association with the development of residential land for residential purposes, will be for a limited time period, and must comply with relevant EPA regulations. f) The proximity of the development to the southern boundary and the resulting loss of privacy; Response: The proposed development meets the relevant provisions in Clause 55 two or more dwellings on a lot and residential buildings as detailed above. g) upgrading of laneway to service proposed dwellings will increase traffic and noise to the rear of dwellings fronting Barkly Street West; Response: Traffic to and from the proposed dwellings is expected to be in the order of 20 vehicles movements per day. This is to be expected in a residential area. Upgrading the lane to a sealed road standard will improve the noise and dust and create a safer environment for all users, pedestrians and motorists. h) the proposed development will have a negative effect on the value and saleability of neighbouring properties; Response: It is a well-established planning principle that depreciation of land or property values as a result of a proposed development is not a relevant planning consideration. various VCAT decisions have consider the question of the valuation of an individual property is a complex and dynamic matter. Valuations can be affected by a range of site specific and locality specific factors which requires a significant degree of experience and expertise to assess. If adjoining land is being devalued because of detriment to its amenity, it is the detriment to the amenity that is considered in relation to town planning, not the resulting devaluation” Therefore, property value is not in itself, a planning consideration. KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 5.1 Good governance through leadership Financial None identified Policy/Legal/Statutory None identified Risk Assessment None identified Stakeholder Consultation and Communication Notice of application sent to adjoining and nearby properties and two notices placed on the land. Consultation/mediation meeting held 29 November 2017 with objectors, applicant and Council officers.


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CONCLUSION The proposal is considered to accord with the relevant decision guidelines of the Ararat Planning Scheme. It is recommended that a Notice of Decision to Grant a Permit be issued subject to conditions. ATTACHMENTS The Planning Permit application, including plans and supporting reports and objections are provided as Attachment 3.3.


SECTION 4 – INFORMATION REPORTS 4.1 COUNCIL WORK PLAN/ACTION PLAN – MARCH 2018 RESPONSIBLE OFFICER: CHIEF EXECUTIVE OFFICER DEPARTMENT: EXECUTIVE SERVICES REFERENCE: 17085885 OFFICER DIRECT OR INDIRECT CONFLICT OF INTEREST: Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

PURPOSE The Council Work Plan/Action Plan has been updated and is presented to Council for information. EXECUTIVE SUMMARY In August 2017, the Minister for Local Government wrote to the Mayor outlining the findings and recommendations by the Commission. The Minister under section 218 of the Local Government Act 1989 provided a list of recommendations Council should take to address the issues identified by the Commission in its report. RECOMMENDATION That the March 2018 Ararat Rural City Council Work Plan/Action Plan be received. DISCUSSION Council has developed a Work Plan/Action Plan in response to the Minister for Local Government’s recommendations. The Work Plan/Action Plan will be presented to Council on an ongoing basis. KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 1.1 Work with communities to develop and prosper 2.1 Community and cultural connectedness 4.5 Long term asset management 5.1 Good governance through leadership 5.2 Services and infrastructure that meets the municipality’s existing and future needs 5.3 Organisational risk 5.4 Professional and skilled staff in a safe and supportive environment 5.5 Sustainable, long term financial management Financial None identified. Policy/Legal/Statutory Under section 218 of the Local Government Act 1989 the Minister provided a list of recommendations Council should take to address the issues identified by the Commission in its report.


Risk Assessment Not addressing the Minister’s recommendations would result in negative feedback from the Local Government sector. Stakeholder Consultation and Communication Councillors and Executive Leadership Group have reviewed the attached Work Plan/Action Plan. The Work Plan/Action Plan is updated on the Council website. CONCLUSION The Work Plan/Action Plan will be presented to Council and then placed on Council’s website. ATTACHMENTS The Council Work Plan/Action Plan – March 2018 is provided as Attachment 4.1.


4.2 BUILDING APPROVALS RESPONSIBLE OFFICER: PLANNING & DEVELOPMENT OFFICER DEPARTMENT: PLANNING AND PUBLIC HEALTH REFERENCE: 13038442 OFFICER DIRECT OR INDIRECT CONFLICT OF INTEREST: Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

RECOMMENDATION That the Building Approvals Report be received. DISCUSSION This report outlines the monthly building permit approvals issued by Ararat Rural City Council and by private building surveyors for building works within Ararat Rural City for the month February 2018 Approvals by Ararat Rural City Municipal Building Surveyor. – February 2018

Permit No.

Application Date

Approval Date

Building Address Nature of Works

Use of Building

161423/0 19/07/2017 12/02/2018 200 Lot 1, Montgomery Street, Lake Bolac Alteration Shop

171524/0 9/10/2017 28/02/2018 49 Lot 1, Baird Street, Ararat New Building X 3 Dwelling X 3

181545/0 16/01/2018 12/02/2018 7245 Lot 1, Mortlake-Ararat Road, Maroona Demolition Dwelling

181549/0 29/01/2018 28/02/2018 10 Hakea Street, Ararat New Building Shed

TOTAL VALUE $ 759,910.00


Approvals by Private Surveyors – February 2018

Private Surveyor Approvals

Permit No. Date Received by Council

Date Approved

Building Address Description of Building Works or Use of Building

Surveyor

20180010/0 15/02/2018 15/02/2018 79 Picnic Road, Ararat

Construction of Detached Dwelling, verandah, alfresco, carport and F/S shed (1ai)

Kenton Robinson Provic Building Approvals

20180154 20/02/2018 15/02/2018 5 Girdlestone Street, Ararat

East Grampians Health Service - Community Health Centre Upgrade Building A

Dean Bertuch BSA Buiding Surveyors

TOTAL VALUE $ 2,273,468.00 KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 3.4 Effective and efficient land use planning and building controls. ATTACHMENTS There are no attachments relating to this item.


4.3 PLANNING MATTERS APPROVED UNDER DELAGATION PLANNING PERMITS AND CERTIFICATION OF SUBDIVISION PLANS RESPONSIBLE OFFICER: EXECUTIVE ASSISTANT, PLANNING AND PUBLIC HEALTH DEPARTMENT: PLANNING AND PUBLIC HEALTH REFERENCE: 13038445 OFFICER DIRECT OR INDIRECT CONFLICT OF INTEREST: Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

RECOMMENDATION That the Planning Matters Approved under Delegation – Planning Permits and Certification of Subdivision Plans and Liquor License Applications be received. DISCUSSION Planning permits, certification of subdivision plans and liquor license applications are approved under delegated authority by relevant Council officers each month, where possible. This report outlines the various approvals for Council’s information. Planning permit approvals under delegated authority – December 2017

ARARAT PLANNING SCHEME

Application No.

Date Lodged

Applicant Location Proposed Use of Development

Date of Delegated Approval

02700 09/10/2017 Catalyst ONE Pty Ltd

CA23 Warrak Road, Ararat, Parish of Ararat

Use and Development of a Telecommunications Facility

09/02/2018 Delegate: Joel Hastings

2711 08/12/2017 Designplus Consulting

31-33 Baird Street, Ararat Being CA1 SEC 50 Parish of Ararat

Development of an office (Country Fire Authority Headquarters), use and development of a telecommunications tower and waiver of car parking


2716 02/01/2018 Ambulance Victoria

2 Basham Street, Ararat Being CA 5B SEC 30 Parish of Ararat

Extension and Alteration to Ambulance Building

23/02/2018 Delegate: Andrew Bishop

2706 17/11/2017 Country Fire Authority

3369 Ararat-Halls Gap Road, Pomonal Being Part CA 6H SEC 2 Parish of Jallukar

Storage building 23/02/2018 Delegate: Andrew Bishop


ARARAT PLANNING SCHEME

Application No.

Date Lodged


Date of Delegated Approval

2723 01/02/2018 CS Town Planning Services Pty Ltd

114-116 Barkly Street, Ararat Being CA18 SEC B Parish of Ararat

Alterations to Existing Business Premises


2724 07/02/2018 QB Homes Pty Ltd

149 High Street, Ararat Being CA 15B SEC 33 & Lot 1,2 & 3 TP677268P Parish of Ararat

Construction of an outbuilding


VCAT

Application No.


Status

Nil

Certification of subdivision plans under delegated authority.

CERTIFICATION OF SUBDIVISION PLAN

Application No.

Date Lodged

Applicant Location Procedure Date of Decision

S01167 07/12/2017 Brayley & Hayes for Ararat Rural City Council

Toora Road, Bornes Hill Being Parts of Subdivisions A & B of 1

Statement of Compliance issued in relation to PS807108G Version 1


S01151 18/01/2018 Ararat Survey Pty Ltd for Gellie

778 Andrews Lane, Maroona BeingLot 2 PS329166 Parish of Merrymbeula

Re-Certification and Statement of Compliance in relation to PS802606R Version 3


Liquor License Applications

LIQUOR LICENCING COMMISSION

Applicant Location Application Consent

Nil


KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 3.4 Effective and efficient land use planning and building controls. ATTACHMENTS There are no attachments relating to this item.


4.4 ARARAT ARTS PRECINCT REDEVELOPMENT PROJECT UPDATE-FEBRUARY 2018 RESPONSIBLE OFFICER: EXECUTIVE MANAGER OPERATIONS AND INFRASTRUCTURE DEPARTMENT: OPERATIONS AND INFRASTRUCTURE REFERENCE: 15060596 OFFICER DIRECT OR INDIRECT CONFLICT OF INTEREST: Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

PURPOSE To provide a pictorial update on progress of construction for the Ararat Arts Precinct Redevelopment (AAPR) project for the period ending 28 February 2018. EXECUTIVE SUMMARY The Ararat Arts Precinct Redevelopment Project is progressing at a good pace and whilst latent conditions associated with the green room and basement storage component of the project have been the cause of some delays completion is still scheduled for the end of May 2018. RECOMMENDATION That the Ararat Arts Precinct Redevelopment Project Update for February 2018 be received BACKGROUND The contract for the construction of the Ararat Arts Precinct Redevelopment Project (AAPR) was awarded to AW Nicholson of Ballarat in March of 2017 with works commencing in April of the same year. Regular progress reports are being presented to council to keep the community and Councillors up to date on progress of the build. DISCUSSION Photos showing the progress of each area within the Ararat Arts Precinct Redevelopment are attached.


KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 2.4 Strong performing and visual arts program. 3.2 Economic Growth within the municipality. 4.3 Community facilities that are developed and maintained Financial The budget for this project is $7,948,000 with contributions from the state and federal governments, ARCC and the community. Policy/Legal/Statutory The Performing Arts Centre and Gallery and public toilets have a number of building compliance issues that will be addressed through the delivery of this project, including disability access, fire protection, emergency access and egress, electrical systems and security upgrades. A number of statutory permits are also required for this project including planning/heritage and building permits approvals. Risk Assessment This is a High Risk project from the planning to design through to the construction phases of the project. Risks will be managed as detailed in the specific risk management plan as developed for this project as well as Councils existing project management procedures. Stakeholder Consultation and Communication There is great interest in the project across the community and media coverage will continue in accordance with the communications plan for the duration of the project. Representatives from key stakeholder groups including users, funding authorities and Council staff from the associated areas make up the membership of the Project Control Group (PCG) that meets on a monthly basis. CONCLUSION The Ararat Arts Precinct Redevelopment is a particularly complex project and arguably the most significant project ever undertaken by this Council. Officers continue to work closely the Architect, Williams Boag and Associates, the principal contractor, AW Nicholson and community representatives to deliver the project in line with community expectations. ATTACHMENTS Photos showing progress by area are provided as Attachment 4.4.


SECTION 5 – COMMITTEE MINUTES/REPORTS 5.1 SECTION 86 COMMITTEES OF MANAGEMENT AUTHOR’S TITLE: MANAGER EXECUTIVE SERVICES AND GOVERNANCE DEPARTMENT CORPORATE STRATEGY, RISK AND GOVERNANCE REFERENCE: 13039110/18092730/18092211/18092949/18092920 OFFICER’S DECLARATION OF INTEREST Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

PURPOSE Section 86 Special Committees are established to assist Council with executing specific functions or duties. By instrument of delegation, EXECUTIVE SUMMARY Council has delegated to the Special Committees such functions and powers of the Council that it deems appropriate, utilising provisions of the Local Government Act 1989. RECOMMENDATION That Council: 1 Receives the Ordinary Meeting minutes of the Alexandra Hall Committee of Management meeting held

on 22 February 2018; 2 Receives the Ordinary and Annual General Meeting Meeting minutes of the Mininera Recreation

Reserve Committee of Management meeting held on 26 October 2017; 3 Appoint the nominated candidates to the Mininera Recreation Reserve Committee of Management as

nominated at the Annual General Meeting held on 26 October 2017; 4 Receives the Ordinary Meeting minutes of the Tatyoon Hall and Recreation Reserve Committee of

Management meeting held on 12 February 2018, 19 February 2018 and 5 March 2018; and 5 Receives the Ordinary Meeting minutes of the Warrak Public Hall Committee of Management meeting

held on 13 February 2018. BACKGROUND Section 86 Special Committees are required to report to Council at intervals determined by the Council. A review of the process of receiving and presenting Section 86 Committees minutes is currently being carried out. DISCUSSION Summary of Committee Meetings The following table updates Council on the meetings held by Council’s Section 86 Committees since the last Council Meeting. Please note that due to the timing of meetings some minutes may not have been confirmed at the time they have been presented to Council.


Special Committee Councillor representative

Current meeting (as presented)

Next proposed meeting/s

Minutes last presented to Council

Alexandra Hall Committee of Management

Cr Allgood 22 February 2018 10 May 2018

10 August 2017 Ordinary and AGM

Buangor Community Sports Centre Committee (including Cobb & Co Building)

Cr Braithwaite -

Meeting dates not provided

21 November 2017 AGM

Elmhurst Public Hall Committee Cr Beales 6 15 February 2018

7 12 April 2018 8 14 June 2018 9 9 August 2018 10 11 October 2018 11 13 December

2018

12 13 December 2017

Lake Bolac Complex Committee Cr Beales - 15 November 2017

4 October 2017

Lake Bolac Memorial Hall Committee

Cr Beales - Meeting dates not provided

30 September 2014

Maroona Recreation Reserve Committee

Cr Pettman - Meeting dates not provided.

22 August 2016

Mininera Recreation Reserve Committee

Cr Beales 26 October 2017 Ordinary and AGM

8 March 2018 12 July 2018 18 October 2018 - Ordinary and AGM

14 September 2017

Moyston Public Hall Committee Cr Pettman 13 November 2017 22 January 2018 14 May 2018 6 August 2018

5 February 2018

Pomonal Hall & Reserve Committee

Cr Braithwaite 7 March 2018 6 December 2017

Streatham Memorial Hall Committee

Cr Armstrong - Meeting dates not provided

20 May 2016

SMW Community Development Committee (former Streatham Primary School)

- - - -

Tatyoon Hall and Recreation Reserve Committee

Cr Beales 12 February 2018 19 February 2018

5 March 2018

Meeting dates not provided

5 February 2018

Warrak Public Hall Committee Cr Allgood 13 February 2018 Meeting dates not provided

31 October 2017

Westmere Progress Association Committee (Westmere Hall and Recreation Reserve)

Cr Armstrong - Meeting dates not provided

17 October 2015

Wickliffe Action Group Wickliffe Common Committee

Cr McLean - Advised no formal meetings held

-

Wickliffe Recreation Reserve Committee

Cr McLean - Meeting dates not provided

26 June 2012

Willaura Golf Club

Cr Beales - Meeting dates not provided

9 November 2016

Willaura Memorial Hall Cr Beales 6 April 2018 7 June 2018 2 August 2018

1 February 2018

Willaura Recreation Reserve Cr Pettman - Meeting dates not provided

21 October 2015

Yalla-Y-Poora Community Centre Cr Armstrong - Meeting dates not provided

8 September 2014


KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 5.1 Good governance through leadership Financial No financial impact for the receiving of minutes. Policy/Legal/Statutory Council’s Section 86 Committee Instrument of Delegation states that Committees must “Adhere to the Section 86 Committee Governance Manual (Governance) in relation to all reporting requirements.” Section 86 Committee Minutes must be forwarded to Council within 14 days after the meeting.

Risk Assessment Council need to be aware of issues raised in the minutes and take action were required. Not receiving the minutes in a timely manner can lead to delays in implementation of the requests. Stakeholder Consultation and Communication Councillor representation on Section 86 Committee of Management. CONCLUSION It is a legislative requirement of the Local Government Act 1989, section 86 for minutes of these committees to be presented to the Council. ATTACHMENTS The four Section 86 Committees minutes as listed above are provided as Attachment 5.1.


5.2 ADVISORY COMMITTEES AUTHOR’S TITLE: MANAGER EXECUTIVE SERVICES AND GOVERNANCE DEPARTMENT CORPORATE STRATEGY, RISK AND GOVERNANCE REFERENCE: 13039075 OFFICER’S DECLARATION OF INTEREST Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

PURPOSE Council reviews its Committees at the Statutory Meeting each year and the Minutes of these minutes are presented to Council. EXECUTIVE SUMMARY This report contains the records of Council Committee meetings minutes received since the last Council Meeting. RECOMMENDATION That the Council Committees Report be received. DISCUSSION The following table outlines the Advisory Committees held since the last Council Meeting.

Committees Councillor representative

Current meeting (as presented)

Next scheduled meeting/s

Council Committees

Ararat Regional Art Gallery Advisory Committee

Cr Armstrong 13 March 2018 22 May 2018

Audit Committee Mayor and Cr Allgood - 6 June 2018

Community Engagement Advisory Committee

Cr Armstrong and Cr Pettman

-

To be confirmed

Community Road Safety Steering Committee

Cr Allgood -

Yearly in August/September

Environmental Sustainability Advisory Group

Cr Pettman 7 March 2018 June 2018 (date to be confirmed)

Health Promoting Leadership Advisory Group (also known as Ararat Prevention Leadership Group)

Cr Pettman 7 February 2018

9 May 2018

Municipal Emergency Management Planning Committee

Cr Beales 7 March 2018 (minutes to be

presented to the April 2018 Council

Meeting)

9 May 2018

KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 5.1 Good governance through leadership


Financial No financial impact for the receiving of minutes. Policy/Legal/Statutory Section 3(1) of the Act defines an Advisory Committee to be any committee established by the council that provides advice to: Council, a Special Committee or a member of staff with a delegated duty, function or power of the Council under Section 98. Risk Assessment Council need to be aware of issues raised in the minutes and take action were required. Stakeholder Consultation and Communication Councillor representation on Council Committees.

CONCLUSION The minutes of Council Committees are presented to Council for information. ATTACHMENTS The three Advisory Committee minutes as listed above are provided as Attachment 5.2.


SECTION 6 – ASSEMBLY OF COUNCILLORS 6.1 ASSEMBLY OF COUNCILLORS AUTHOR’S TITLE: MANAGER EXECUTIVE SERVICES AND GOVERNANCE DEPARTMENT CORPORATE STRATEGY, RISK AND GOVERNANCE REFERENCE: 13039074 OFFICER’S DECLARATION OF INTEREST Under Section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest. No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.

PURPOSE The Local Government Act 1989 (Act) (Section 80A) requires that the record of an assembly of Councillors is to be reported to the next practicable Council meeting and be included in the minutes of that meeting. EXECUTIVE SUMMARY As a requirement of the Act, all Assemblies of Councillors held since the last Council Meeting are presented to Council and recorded in the minutes of the Council Meeting. RECOMMENDATION That the Assembly of Councillors Reports be received. BACKGROUND Certain types of meetings involving Councillors are defined to be Assemblies of Councillors. Councillors must disclose conflicts of interests at Assemblies of Councillors. Records of Assemblies of Councillors must be reported to Council meetings and recorded in the Council minutes Section 76AA of the Act defines the following meetings to be Assemblies of Councillors: An Advisory Committee of the Council that includes at least one Councillor; or A planned or scheduled meeting of at least half the Councillors and one staff member. DISCUSSION The following records of meetings of the Assembly of Councillors since the last Council Meeting are attached. Note: Any disclosures of interest, relevant to these items, are recorded in the Assembly of Councillors record. 1 Assembly of Councillors held on 15 February 2018; 2 Assembly of Councillors held on 20 February 2018; 3 Assembly of Councillors held on 27 February 2018; 4 Assembly of Councillors held on 6 March 2018; 5 Assembly of Councillors held on 13 March 2018 Ararat Regional Art Gallery Advisory Committee;

and 6 Assembly of Councillors held on 13 March 2018.


KEY CONSIDERATIONS Alignment to Council Plan Strategic Objectives 5.1 Good governance through leadership Financial No financial impact for the receiving of Assembly of Councillors records.

Policy/Legal/Statutory As a requirement of the Act, a record of Assembly of Councillors must be kept and presented to the next available Council Meeting. Conflict of interest disclosures are noted in the record of Assembly of Councillors. Risk Assessment Records of Assembly of Councillors are reported regularly and related documentation retained as required by legislation. Stakeholder Consultation and Communication Council receives delegations from various organisations and individuals throughout the year.

CONCLUSION This is a legislative requirement of the Local Government Act 1989, section 80. The records of Assemblies of Councillors since the last Council Meeting are presented for information. ATTACHMENTS The six Assembly of Councillor records listed above are provided as Attachment 6.1.


SECTION 7 – COUNCILLORS REPORTS At each Council Meeting, all Councillors will have the opportunity to provide an overview of any meetings attended. If a Councillor chooses to provide details, the name of the conference/event and the Councillor attending will be noted in the Minutes of the meeting. If a Councillor requires additional information on the conference/event to be included in the Minutes, the Councillor must submit in writing to the Chief Executive Officer by no later than 12pm (noon) the day following the meeting.


SECTION 8 – NOTICES OF MOTION Notices of Motion must be in writing and lodged with the Chief Executive Officer no later than 5pm on the Wednesday which is at least four (4) business days before the meeting at which it is intended to be considered, unless a public holiday falls within that four days, as per Clause 18(4) of the Ararat Rural City Council Meeting Procedure.


SECTION 9 – URGENT BUSINESS Ararat Rural City Council Meeting Procedure, Clause 17 Urgent Business states:

(1) Items proposed as urgent business must not be submitted to the meeting other than by resolution of the

Council and only if it relates to or arises out of a matter which has arisen since distribution of the Agenda or which cannot be reasonably deferred for inclusion in the agenda of the next meeting

(2) The nature of the urgency must be stated by the Councillor and outlined in the minute of the meeting. Discussion on Urgent Business Items admitted and accepted by resolution of Council at the commencement of the meeting:


SECTION 10 – CLOSE SESSION (CONFIDENTIAL) CLOSURE OF COUNCIL MEETING TO THE PUBLIC The Open Council Meeting will now be closed, but members of the public are welcome to rejoin the Council Meeting following the recommencement of the meeting. RECOMMENDATION That the meeting be closed to members of the public to discuss the items listed in the confidential agenda, in accordance with the following provision: “89 Meetings to be open to the public (2) A Council or special committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following— (d) contractual matters. OPEN COUNCIL MEETING RECOMMENCEMENT RECOMMENDATION That the Open Council Meeting recommence. Gallery invited to return to Council Chamber. LIFTING OF CONFIDENTIALITY OF CLOSED SESSION RESOLUTIONS RECOMMENDATION That the Confidentiality of the: 1 Report and decision in relation to Item 10.2 of the Confidential Agenda not be lifted; and 2 Decision in relation to Item 10.1 of the Confidential Agenda be lifted.

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