Bass Coast Shire Council Minutes for Ordinary Meeting 89 ... · Bass Coast Shire Council Minutes...

Bass Coast Shire Council

Minutes for Ordinary Meeting

Wednesday, 20 July 2016

Heritage Centre,

89 Thompson Reserve Avenue, Cowes

5.00pm

1. These minutes are due to be confirmed on 17 August 2016

2. Any decision included in these minutes is subject to change resulting

from a rescission motion passed by Council.

Ordinary Meeting - 20 July 2016 Bass Coast

Shire Council

TABLE OF CONTENTS

A Present and Apologies ................................................................................................. 4

B Declarations of Interest ............................................................................................... 5

C Confirmation of Minutes.............................................................................................. 6

C.1 Ordinary Meeting held on 22 June 2016 ............................................................... 6 C.2 Special Meeting held on 22 June 2016 .................................................................. 6

D Public Question Time .................................................................................................. 7

D.1 Marg Dumerage, Cape Woolamai - H.2 160038 - Utility Installation

and Removal of Native Vegetation - Phillip Island Road, Newhaven CA

43A & CA44 - Newhaven Wetlands ....................................................................... 7 D.2 Maurice Schinkel, Cowes - I.2 Contracts Awarded Report ................................. 9 D.3 J&E Burns Cleaning, Kilcunda - I.2 Contracts Awarded Report ........................... 9

E Petitions, Joint Letters and Deputations ................................................................. 10

F Notices of Motion ....................................................................................................... 12

F.1 162/16 - State Ministerial Community Roundtables 1 April 2016, Cr

Jordan Crugnale .................................................................................................... 12 F.2 163/16 - Planning Policy, Cr Bradley Drew ......................................................... 15

G Mayor and Councillors Reports ................................................................................ 17

G.1 Mayoral Report - Cr Jordan Crugnale ................................................................. 17 G.2 Councillor Report - Cr Neil Rankine ................................................................... 17 G.3 Councillor Report - Cr Clare Le Serve ................................................................. 17

H Reports Requiring Council Decision ......................................................................... 19

H.1 150330 Construction of 44 units and a cafe at 46-48 Chapel Street

Cowes .................................................................................................................... 19 H.2 160038 - Utility Installation and Removal of Native Vegetation - Phillip

Island Road, Newhaven CA 43A & CA44 - Newhaven Wetlands ...................... 54 H.3 Cape Woolamai Coastal Reserve Master Plan ................................................... 74 H.4 Building Disability Inclusive Businesses and Community Organisations

funding 2016 .......................................................................................................... 80 H.5 Bass Coast World Surf League Series .................................................................. 83 H.6 Road discontinuance and appointment of Council to Committee of

Management: The Glade, Inverloch .................................................................... 87 H.7 Support to Rename Federal Seat of McMillan ................................................... 90 H.8 Ethical Banking ..................................................................................................... 92

I Statutory Reports ....................................................................................................... 99

I.1 Development Services - Planning Permits issued under delegation for

May 2016............................................................................................................. 100 I.2 Contracts Awarded Report ................................................................................ 104 I.3 CEO's Report for July 2016 ................................................................................ 106 I.4 Assembly of Councillors Report for June 2016 .................................................. 108 I.5 Place Names Committee Meeting Minutes ...................................................... 110

J Urgent Business ........................................................................................................ 111

K Confirmation of Closed Minutes ............................................................................. 114

K.1 Minutes of Closed Ordinary Meeting held on 22 June 2016 ............................ 114

L Reports Requiring Council Decision Closed to the Public ................................... 115


Shire Council

L.1 Contractual Matters ........................................................................................... 115 L.2 Contractual Matters ........................................................................................... 115 L.3 Contractual Matters ........................................................................................... 115 L.4 Any Other Matter ............................................................................................... 115


Shire Council

Meeting commenced

The meeting commenced at 5.00pm

Acknowledgement: Cr Crugnale read the acknowledgement.

Statement: Cr Brown read the Councillor Statement.

A Present and Apologies

Councillors: Cr Jordan Crugnale, Townsend Ward (Mayor)

Cr Bradley Drew, Anderson Ward (Deputy Mayor)

Cr Neil Rankine, Hovell Ward

Cr Kimberley Brown, McHaffie Ward

Cr Clare Le Serve, Leadbeater Ward

Cr Phil Wright, Churchill Ward

Officers: Mr Paul Buckley, Chief Executive Officer

Mr Mark Brady, General Manager Governance and Organisation

Development

Mr David Elder, General Manager Healthy Communities

Ms Felicity Sist, General Manager Infrastructure

Mr Peter Francis, Acting General Manager Sustainable

Development and Growth

Mrs Annette Waters, Coordinator Corporate Planning,

Performance and Property,

Mrs Lee-Anne Harmer, Governance Officer

Apologies: Cr Andrew Phillips, Thompson Ward

Ms Allison Jones, General Manager Sustainable Development and

Growth


Shire Council

B Declarations of Interest

There were no declarations of interest.


Shire Council

C Confirmation of Minutes

C.1 Ordinary Meeting held on 22 June 2016

Council Decision

Moved: Cr. Neil Rankine / Seconded: Cr. Clare Le Serve

That the minutes of the Ordinary Meeting held on 22 June 2016 be

confirmed.

CARRIED UNANIMOUSLY

C.2 Special Meeting held on 22 June 2016

Council Decision


That the minutes of the Special Meeting held on 22 June 2016 be

confirmed.

CARRIED UNANIMOUSLY


Shire Council

D Public Question Time

D.1 Marg Dumerage, Cape Woolamai - H.2 160038 - Utility Installation and

Removal of Native Vegetation - Phillip Island Road, Newhaven CA 43A &

CA44 - Newhaven Wetlands

As a previous objector to the VCAT application 150082 to allow stormwater to flow out

into a holding pond on the foreshore of Cleeland Bay I strongly recommend that this

current proposal by the Woolamai House Developers be passed by Council thus

ensuring limited damage to Cleeland Bay foreshore.

While this proposal does result in some immediate damage to native vegetation the area

disturbed is significantly smaller than the foreshore/coastal proposal (0.02hectares as

opposed to 0.07hectares).

Please consider that in a wetland environment plants recover quickly and regrowth is

faster with adequate moisture levels. However if the foreshore option is recommended

clearing for the swale (holding pond/retention basin) would expose the site to wind and

subsequent wind driven become one huge sand bowl.

Please note photo 1. of “open” drain last cleared Dec 2015, rock walls placed at this

time have been ineffective and 2. planting affected by wind and sand drift at Broadwater

Av.

Photo 1


Shire Council

Photo 2

I note that in Mark Flemings’ report 8/03/2016 “Impact on Flood levels to Properties

Adjacent to Newhaven Wetlands” page 4. pt.3.1 “an increase in flows entering the

wetland would assist in the overall health of the wetland and is encouraged by PINP. A

report by PINP stated that “it is apparent, that the concern is, changes to the catchment

over time have diverted flows from the wetland and that the lack in flows may affect the

Swamp”.

I also noted that concerns raised by the LSIO overlay to properties abutting the swamp

has been removed with the revised LSIO giving consideration to an 80cm. sea level and

storm surge effect.

In May 2014 the Councils own commission report from Water Technologies completed

a hydrological assessment of the Newhaven Wetland predicting that a maximum increase

of 3cm. was predicted from the developments outflow. This report recommended

outflow to be discharged to the wetlands.

1. My question is given that all statutory bodies and interested parties are now in

favour of the outflow being directed into the Newhaven Wetlands will the

council now pass this application provided that there are safety measures and

officers to oversee the construction and minimize excessive damage to the

vegetation?

Response:

Cr Crugnale advised that as the question was addressed at the

Community Engagement Session held earlier in the day there was no

further discussion required and that the question and response would be

noted in the minutes.

1. The application is before Council for decision tonight, with officers

recommending approval. Should approval be granted, Council’s

compliance officers will be on-site to regularly oversee the

construction of the off-site drainage.


Shire Council

D.2 Maurice Schinkel, Cowes - I.2 Contracts Awarded Report

How does Council reconcile the grouping of 19 contracts in contract 16010 with the

Independent Broad-based Anti-corruption Commission “red flag of corruption” of “splitting purchases to fit under a particular financial delegation”?

Response:

Cr Crugnale responded that the tender is for a panel of providers and the

purpose of tendering ensures compliance with the Local Government Act.

There is no connection with this compliant procurement process and the

reference made in the question to “splitting purchases”.

D.3 J&E Burns Cleaning, Kilcunda - I.2 Contracts Awarded Report

1. Why are there sites not included on Bass Coast Shire Council’s cleaning schedule

that have been priced in our tender?

2. Why were we given incorrect/false information regarding tender price?

Responses:

Eileen from J&E Burns Cleaning addressed the Mayor and raised questions

that were different to those lodged. The Mayor offered for a meeting to

be arranged between Council Officers and J& E Burns Cleaning.

Mr Buckley read out the lodged questions and responses.

1. During the open tender period Burns did notify BCSC that there were

some sites missing from the pricing schedule. These sites were then

included in the tender via an addendum posted to the e-tendering

portal. Pricing for all sites was received by the successful tenderer and

were evaluated accordingly. The addendum schedule is listed below.

Addendums 1 and 2 related to the missing sites.

Addenda/Letter of

Clarification No.

Brief Description Date Received

Addendum No 1 Tender

No 16007

Changes to pricing

schedule and cleaning

schedule

12/02/2016


No 16007

Changes to

documentation for tender

no 16007 – public

amenities cleaning

24/02/2016


No 16007

Site description in Cell B3

of Prices Area B tab

changed from Area A to

Area B

03/03/2016

2. The correct information was given. The pricing referenced in the local

paper of $3.3M was calculated over a seven year period and included

GST.


Shire Council

E Petitions, Joint Letters and Deputations

There were no Petitions, Joint Letters and Deputations.


Shire Council


Notices of Motion


Shire Council


F Notices of Motion

Cr Crugnale removed herself from the position of Chair. Cr Drew assumed the position

of Chair 5.14pm.

F.1 162/16 - State Ministerial Community Roundtables 1 April 2016, Cr Jordan

Crugnale

I, Cr Jordan Crugnale, hereby give notice that I intend to move a motion at the Ordinary

Meeting on 20 July 2016, which reads as follows:

STATE MINISTERIAL COMMUNITY ROUNDTABLES 1 APRIL 2016

Motion

1. That Council endorse the attached “Summary report of the State

Ministerial Community Roundtables held 1st April 2016” as a reflection

of the priorities, actions and outcomes identified by the attendees

including 70 key stakeholders from health, education, environment,

tourism, sports, industry, energy, agriculture, private and community

sectors from the Bass Coast region.

2. That the Mayor write to The Premier of Victoria, The Hon Daniel

Andrews MP seeking a commitment from the State Government to

work with Council to progress the priorities and actions identified in the

“Summary report of the State Ministerial Community Roundtables held

1st April 2016”.

3. That the Chief Executive Officer prepare a report on options to create a “Committee for Bass Coast” or similar body to work as a partnership of

State Government, Council, business and community to promote

collaboration and to address the complex and interrelated issues,

prioritise outcomes, and improve integration.

…………………………………………..

Cr Jordan Crugnale, Townsend Ward

Dated: 20 July 2016

Attachments

AT-1 Summary Report 82 Pages


Shire Council


Council Decision

Moved: Cr. Jordan Crugnale / Seconded: Cr. Phil Wright

1. That Council endorse the attached “Summary report of the State

Ministerial Community Roundtables held 1st April 2016” as a

reflection of the priorities, actions and outcomes identified by the

attendees including 70 key stakeholders from health, education,

environment, tourism, sports, industry, energy, agriculture, private

and community sectors from the Bass Coast region.

2. That the Mayor write to The Premier of Victoria, The Hon Daniel

Andrews MP seeking a commitment from the State Government to

work with Council to progress the priorities and actions identified in

the “Summary report of the State Ministerial Community Roundtables

held 1st April 2016”.

3. That the Chief Executive Officer prepare a report on options to create

a “Committee for Bass Coast” or similar body to work as a

partnership of State Government, Council, business and community

leaders to address these complex and interrelated issues, seek further

input from Council and community, improve integration and prioritise

outcomes. That an option be presented where the State Government

representative is a Senior bureaucrat that can work across the

portfolios and departments to address these issues in an ongoing

collaborative and integrated manner.

4. That this report be presented to Council at the September meeting

2016.

CARRIED UNANIMOUSLY

Moved: Cr. Phil Wright / Seconded: Cr. Clare Le Serve

That Council implements the community Identified Needs from the

Environment ministerial roundtable by committing to a fund of $40k for

2016-17 financial year for:

1. Revegetation and rehabilitation work along the Bass Coast Coastline

2. Conduct pilot programs and trials of environmental initiatives

3. Increase remnant native vegetation of across the shire from 10% to

30% by 2035

4. Develop community strategic plans to identify threats, set achievable

and measurable vegetation restoration targets

The funds to be allocated to community groups to assist Council and

other authorities to manage vegetation restoration consistent with

Natural Environment Strategy actions:

4.1.1 - Encourage, support and promote local community sustainability

initiatives and identify grant opportunities for agreed on ground works.


Shire Council


4.3.4 - Facilitate the activities of volunteer community groups,

conservation societies and friends groups to achieve agreed

environmental outcomes.

Funding will be made available for groups who submit proposals to

implement projects related to three categories:

1. Significant stands of native vegetation on private land,

2. Crown land reserves and

3. Vegetation in state and council road reserves.

The successful applicants to submit Work Method Statements that deliver

on a project that address a minimum of 7 stages of vegetation restoration:

1. List and describe sites

2. Input and store details in GIS

3. Develop Master Plans – including scope of works and timing

4. Identify possible grants from local, state and federal government to

implement identified works.

5. Costs and resources to deliver completion of works

6. Develop and implement maintenance programs for sites

7. Post Project Review to identify improvements in management for

subsequent projects.

LOST

For Against

Cr Le Serve Cr Brown

Cr Wright Cr Crugnale

Cr Drew

Cr Rankine

Cr Drew removed himself from the position of Chair. Cr Crugnale resumed the

position of Chair 5.42pm.


Shire Council


F.2 163/16 - Planning Policy, Cr Bradley Drew

I, Cr Bradley Drew, hereby give notice that I intend to move a motion at the Ordinary

Meeting on 20 July 2016, which reads as follows:

PLANNING POLICY

Motion

That Council invites the Minister for Planning The Hon Richard Wynne to a

community roundtable to discuss the impact of building heights on sensitive

coastal locations within Bass Coast and opportunities to facilitate policy

development that achieves maximum height control in appropriate coastal

locations.”

…………………………………………..

Cr Bradley Drew, Anderson Ward

Dated: 20 July 2016

Attachments

There are no attachments for this report.

Council Decision

Moved: Cr. Bradley Drew / Seconded: Cr. Neil Rankine

That Council invites the Minister for Planning, The Hon Richard

Wynne, to a community roundtable to discuss the impact of building

heights and character on sensitive coastal locations within Bass Coast

and opportunities to facilitate policy development that achieves

maximum height control in appropriate coastal locations.

In addition Council would like to discuss with the Minister the impact

the Bushfire Management Overlay is having by increased vegetation

removal in areas of landscape significance and coastal amenity.

CARRIED UNANIMOUSLY


Shire Council

Mayor and

Councillors Reports


Shire Council

G Mayor and Councillors Reports

G.1 Mayoral Report - Cr Jordan Crugnale

Cr Crugnale reported on the following meetings he attended:

24th June - Refugee Week – Celebration of culture and contributions to community. La

Trobe Community Health Settlement Services with Council. Speaker

1st July - NAIDOC Week – Indigenous Art Exhibition Opening. Speaker

3rd July - Long Walk and Indigenous Round Wonthaggi Recreation Reserve

5th July - NAIDOC Flag raising Ceremony at Ramahyuck, Wonthaggi

6th July - Minister Wade Noonan, Leongatha. GLGN discussion specific to CSG and each

Council’s position. Wellington Shire and La Trobe also present.

8th & 15th July Information Sessions on Proposed Closure of Inverloch Transfer Station

– Inverloch Hub. Chief Executive Officer and Executive Officers presenting to public.

18th July - Future of Early Years Plan Forum joint launch with South Gippsland Shire. Speaker. Cr Neil Rankine also in attendance. South Gippsland representatives were

Mayor Bob Newton (speaker) and Deputy Mayor Mohya Davies.

G.2 Councillor Report - Cr Neil Rankine

Cr Rankine reported on the following meetings he attended:

Referred to the amount of consultation being undertaken;

13th July - Cape Woolamai Coastal Reserve Master Plan

6th July - Mahers Landing Boat Ramp consultation

8th July - Proposed closure of the Inverloch transfer station

20th June - Protect the Hoodies workshops across the Shire

14 July - Gippsland Local Government Resilience to climate change forum, where we had

State and Federal expertise on the science and heard what each of the Councils in

Gippsland are doing.

15th & 16th July - Trip to East Gippsland with the South Gippsland Reconciliation Group

in relation to changing the name of the McMillan electorate given Angus McMillan and his

parties massacres of aboriginals in the 1840s

G.3 Councillor Report - Cr Clare Le Serve

Cr Le Serve reported on the following meeting she attended:

VFF Kernot Farmers ‘Looking over the farm gate’ evening. A fantastic night supporting farmers that are struggling at this time. Or who may know of other farmers that could

do with some support or assistance. Unfortunately not all farmers will seek the help.


Shire Council


Reports

Requiring

Council

Decision


Shire Council


H Reports Requiring Council Decision

H.1 150330 Construction of 44 units and a cafe at 46-48 Chapel Street Cowes

File No: CM16/481

Department: Sustainable Development and

Growth

Council Plan Strategic Objective: Sustainable Development & Growth

Our built environment complements

our landscape, lifestyle and climate.

Application Details

Use/Development Sought:

The Land: 46-48 Chapel Street, Cowes

Planning Scheme: Bass Coast Planning Scheme

Zoning: General Residential Zone

Schedule 1

Overlays: Design and Development Overlay

Schedule 1

Schedule 3

Vegetation Protection Overlay

Schedule 2

Locality Plan: (Refer AT-11 – Locality Plan)

Declaration

The author has no direct or indirect interests in relation to this report.

Executive Summary

This application proposes the construction of a five storey integrated accommodation

building. The building comprises of 43 three bedroom dwellings, a two bedroom

dwelling, three basement level car parks and a corner café.

The proposal was advertised by sign, post and newspaper and attracted a total of 12

objections. The bulk of objectors concerns were on the scale of change proposed

within their neighbourhood and the amenity impact that is perceived to result from

the use of this development. Generally the concerns were about the precedence in

changing existing neighbourhood character, and the impact of noise, odours, traffic

and car parking generated by the proposed development.

The merits of the application have been considered against the relevant State and

Local Planning Policies, the decision guidelines of the General Residential Zone,

Design and Development Overlays, Vegetation Protection Overlays and technical provisions. It is considered that the proposed development is anticipated and

facilitated by the relevant policies and strategic guidelines for the Cowes Foreshore


Shire Council


Precinct. A more intensive development of the type and design proposed is a suitable

and desirable development proposal to support the Cowes township.

It is recommended that Council resolve to approve this application subject to the recommended conditions.

Proposed Use and Development

The proposal includes the following components:

Forty-four (44) dwellings with basement car parking and a café (food and drink

premises) at ground level.

Proposed development is to be located on the corner of Chapel and Findlay Streets,

Cowes:

4m from the combined site's northern boundary.

2.2m from the combined site's western boundary.

3m from the combined site's eastern boundary.

Pedestrian and car access to the site will be via Chapel Street, Cowes.

Pedestrian access to the café use will be via both Chapel and Findlay Streets,

Cowes.

The development will take the form of a five (5) storey building comprising: Forty-

three (43) three bedrooms apartments & one (1) two bedroom apartment.

Private open space is provided at ground level within the street setback; at upper

levels via balconies and for the penthouse apartments on level four in the form of roof

terraces.

The development provides the following facilities at ground level:

In excess of 6m3 secure external storage for each apartment.

Access to a small communal gymnasium facility.

An office is also provided on the ground floor adjacent to the entry to support the operation of the facility.

A forty (40) seat café located at street level with access directly to the street.

The café design incorporates an open kitchen; back of house and cool room,

storage facilities as well as public toilets accessible for all patrons.

Off street car parking will be provided within a secure basement for ninety six (96)

vehicles:

Access to the basement will be via a new double crossover on Chapel Street,

Cowes.

Parking is provided in a combination of tandem and single spaces.

Entry to the basement is via remote-control roller door.

Provision of thirteen (13) bicycle spaces.

Reason a Council Decision is required

The development is estimated to cost $6, 850,000 and in response to notification,

Council received 12 submissions of objection.


Shire Council


Background

Cowes is the largest settlement on Phillip Island. It has two distinct roles as the main

holiday town, and as a community and retail service centre. Over half of the existing building stock is unoccupied for the majority of the year, however Cowes does have

the highest permanent resident population on the Island.

The proposed residential development builds on the strengths of Cowes by providing

high quality residences which cater to Cowes’ fluctuating population and desire for

holiday home ownership without the ongoing responsibilities of maintenance and

management particularly where ownership is likely to be from Melbourne or beyond.

The area is subject to a Design and Development Overlay Schedule 3, which triggers

the consideration of any buildings and works against the Urban Design Framework

contained in the ‘Cowes Foreshore Precinct Phillip Island – Urban Design Reports

2000 and 2003.’ The Urban Design Report states:

“in the context of the whole of Cowes and Phillip Island, a tourism focus and higher

density of development is considered appropriate for the foreshore precinct.”

Subject Site

The subject land comprises two parcels described as being:

46 Chapel Street - Crown Allotment 20, Section 2, Township of Cowes,

Parish of Phillip Island derived from Volume 09908, Folio 424.

48 Chapel Street - Crown Allotment 19, Section 2, Township of Cowes, Parish of Phillip Island derived from Volume 09391, Folio 253.

The combined landholding is rectangular in shape and has a dual street frontage with a

50.3metre frontage to Chapel Street, and a 40.2metre frontage to Findlay Street. The

total site area is approximately 2,022sqm and is currently improved with a single

detached dwelling on each lot and minimal street fencing


Shire Council


Surrounds

Thompson Avenue is the location for the majority of commercial, retail, community,

tourism, and health services. Much of the larger scale holiday accommodation including apartments, hotels and motels are located in proximity to the northern

section of Thompson Avenue, Cowes and along the Cowes Foreshore.

Away from Thompson Avenue, more typical residential land use patterns begin to

emerge. However, this is interspersed by caravan parks and other forms of tourist

accommodation. The residential areas east and west of Thompson Avenue have

distinct characteristics which are defined by the period of development, vegetation,

and proximity to the foreshore.

Notice

The applicant gave notice of the application in the following manner:

Placing two signs on the land concerned with one facing Findlay Street and the

second facing Chapel Street.

A notice was published in one edition of the South Gippsland Sentinel Times and Phillip Island & San Remo Advertiser.

A copy of the Notice was sent to the owners and occupiers of 33 nearby

properties.

Submissions

In response to notification 12 objections were received. A summary of the objectors

concerns include:

1. The proposal is excessive in height and bulk.

2. The development intensity is contrary to the existing neighbourhood

character.

3. The development design is contrary to the existing character and is an

unacceptable response to Cowes and Phillip Island.

4. The proposal would set precedence for five storey development on Phillip

Island.

5. The proposal inadequately addresses parking requirements thus affecting the amenity of the neighbourhood.

6. The proposal inadequately addresses the removal of waste from the site

leading thereby negatively affecting the amenity of the neighbourhood.

7. The proposal (café in particular) would create noise to the extent that it

would affect the amenity of the neighbourhood.

8. The removal of vegetation would have a significant effect on the habitat and

biodiversity of native vegetation in Victoria.

9. The proposal will unreasonably overshadow the properties at 2/10, 12a

Findlay Street and 47 Chapel Street.


Shire Council


Referrals

The proposal was referred to the following departments on the 26th April 2016 for

their advice and comment:

Infrastructure Assets Management

Recommended conditions which would allow them to manage the stormwater

discharge from the site. These conditions will also allow the developer

flexibility to adjust their stormwater design in accordance with the most

current plans.

Building

Did not express any concern with the proposal.

Environmental Health

Did not express any concern with the proposal.

Waste

The development proposes a quantity and extent of garbage collection that

places unreasonable expectations on Councils collection service and is likely

to cause neighbourhood amenity impacts. A private commercial waste

contractor is recommended to service the proposed development.

Economic Development.

Concern was expressed about the significant waiver of car-parking spaces

originally proposed for the subject site. The area is known to have significant

parking issues during peak holiday periods.

Relevant Strategies

State Planning Policy Framework

Clause 11.05-5 - Coastal Settlement

Clause 12.02-1 - Protection of Coastal Areas

Clause 12.02-4 - Coastal Tourism

Clause 15.01-1 - Urban Design

Clause 15.01-2 - Urban Design Principles

Clause 16.01 - Residential Development

Clause 17.03-1 - Facilitating Tourism

Council Policy

Local Planning Policy Framework

Clause 21.02 – Settlement

Clause 21.03 – Economic Development

Clause 21.05 - Landscape and Built Form

Clause 21.08-5 - Cowes and Silverleaves

Clause 22.01 - Stormwater Management Policy


Shire Council


Supporting documentation

Environmentally Sustainable Design and Construction: Principles and Guidelines for Capital Works Projects (July 2003)

Council Adopted Strategies

Cowes Foreshore Precinct Phillip Island – Urban Design Reports 2000 and

2003

Planning Scheme Requirements

Clause 32.08 - General Residential Zone Schedule 1

Clause 43.02 - Design and Development Overlay Schedule 1

Clause 43.02 - Design and Development Overlay Schedule 3

Clause 42.02 - Vegetation Protection Overlay Schedule 2

Clause 52.06 - Car Parking

Clause 52.07 - Loading Requirements

Clause 52.35 - Urban Context Report and Design Response for Residential

Development of Five or More Storeys

Officer’s Considerations

Submissions

1. The proposal inadequately addresses parking requirements thus affecting the

amenity of the neighbourhood:

The development proposal has been amended considerably to allow for an

increased provision of parking within basement level parking areas. The

proposed basement parking will provide the full statutory parking requirement

for the development within a completely screened, secure and integrated parking

area. With ninety six (96) proposed underground parking spaces, it is noted that

this exceeds the ninety three (93) spaces sought by Council (through the Traffix

Group advice dated 20 April, 2016).

Further advice from TTM Consulting (on behalf of the Proponent) and

TraffixGroup on behalf of Council is that the proposal will not have an adverse

impact on the surrounding / wider road network. In this context, developments

which provide a full parking space compliment, and within proximity to desirable

beaches and shops are likely to maintain the present levels of parking/traffic

congestion by locating more people within walking distances and discouraging

vehicular movements from outer residential precincts.

2. The proposal inadequately addresses the removal of waste from the site leading

thereby negatively affecting the amenity of the neighbourhood:

The waste management methods proposed require some adjustment to make

the proposed development suitable for approval in accordance with the Bass

Coast Shires expectations of streetscape amenity before, during and after, waste

collection. Conditions are applicable to waste management and disposal which

must be adhered to upon occupation of the development should it be approved.


Shire Council


3. The proposal (café in particular) would create noise to the extent that it would

affect the amenity of the neighbourhood:

Consideration has been given to the potential noise impacts which could result from the occupation of the residences and café. While some conditions have

been recommended to ensure that noise attenuation measures have been

considered for dwellings within close proximity to the café, the development as

a whole is not considered to have any significant auditory impact on the

neighbourhood than that which is currently experienced by residents.

4. The proposal is excessive in height and bulk:

The height and bulk of the proposed development has been considered in the

context of the emerging urban character and existing policy which calls for more

intensive forms of development in the area. It is considered that the design

response is sympathetic to existing lower scale forms of development with its

stepped upper storey setback. This was an implication recognised and publicised

through the Urban Design Report ‘Cowes Foreshore Precinct’ of 2000 and

2003.

The proposal is considered to respond well to the pedestrian scale and fine grain

character of Chapel and Findlay Streets, Cowes in the context of the change in

development character that the planning scheme has anticipated.

5. The development intensity is contrary to the existing neighbourhood character

and is an unacceptable response to Cowes and Phillip Island:

The Cowes and Silverleaves Strategic Framework Plan contained within Clause

21.08-5, encourages and facilitates the development of the Cowes foreshore

precinct which includes Findlay Street, Cowes with a higher form of

development. The proposed development intensity is anticipated, facilitated and

encouraged by the provisions of the Bass Coast Planning Scheme and more

specifically the recommendations for development proposals in this precinct of

Cowes.

6. The removal of vegetation would have a significant effect on the habitat and

biodiversity of native vegetation in Victoria:

The report prepared by Jardine Johnstone distinguishes and identifies the

biodiversity and retention values of vegetation present on the subject site. In

their assessment, all vegetation on the subject site was considered of low retention value. Furthermore the area has been identified for significant change

by strategic policy where the value and retention of existing urban vegetation

was taken into consideration.

7. The proposal will unreasonably overshadow the properties at 2/10, 12a Findlay

Street and 47 Chapel Street, Cowes:

The calculated shadow cast by the proposed development is predicted to impact

the parking area of the Quest serviced (accommodation) apartments in the

morning and the Findlay Street road reserve in the afternoon. The shadows are

not predicted to impact upon any habitable room, area or existing private open

space of adjoining or nearby habitable spaces.


Shire Council


8. The proposal will overlook the private secluded open spaces and areas of 2/10,

12a and 47 Chapel Street, Cowes:

The consideration of overlooking issues is not a planning consideration for developments of four (4) or more storeys. This matter is addressed under the

Victorian Building Code.

General Residential Zone Schedule 1

The subject site is zoned General Residential. The purpose of the General Residential

Zone as relevant to this application is:

“To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies;

To encourage development that respects the neighbourhood character of the area;

To implement neighbourhood character policy and adopted neighbourhood character

guidelines;

To provide a diversity of housing types and moderate housing growth in locations

offering good access to services and transport; and

To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.”

The General Residential Zone has the purpose to provide for a diversity of housing

types and moderate housing growth in appropriate locations. The General

Residential Zone contains the provision:

“For residential development of five or more storeys, an urban context report and design

response as required in Clause 52.35, and the decision guideline to consider, a

development of five or more storeys, excluding a basement, the Design Guidelines for

Higher Density Residential Development (Department of Sustainability and Environment

2004)”

Thereby justifying that medium rise developments are facilitated by the zoning and

developments of the kind proposed can be reasonably considered particularly where

the Local Planning Policies identify the area as subject to substantial change. The

assessment of medium rise development is considered through six (6) elements which

respond to the provisions of the planning policy framework.

ELEMENT 1: Urban Context

Urban context concerns the broader setting of the development – including its

existing physical surroundings, its social and economic environment, and a strategic

view of the area in which it is located and its role over time. Higher density

development implies a context that is changing; consequently a key aspect is to

consider how the area is likely to change over time.

Historically, land use patterns in Cowes have been based around holiday

accommodation though the area has changed over time to include a wider variety of

permanent and temporary accommodation types. The Planning Scheme at Clause

21.08-5: Cowes and Silverleaves, supports higher densities proximate to the Cowes

commercial area and identifies those areas that can accommodate higher density

without impacting the established and valued character of existing communities. This

Clause makes explicit reference to the appropriateness of the subject site for higher

density development.


Shire Council


“Support the development of Chapel Street, east of Thompson Avenue as a high quality

accommodation precinct.”

Under Landscape and built form the Local Planning Policy refers to areas identified on the Structure Plan map to encourage various forms and densities of urban

development to locate within, as appropriate:

“preferred locations to increase the number and diversity of dwellings (substantial

change).”

The subject site is within the mapped area identified as a preferred location for

increased residential density “substantial change.” Thereby, this proposal is consistent

with the objectives of:

Clause 21.02-1: Growth of Towns

Clause 21.02-2: Housing and the relevant state planning policies

Clauses 21.02-1: Protection of coastal areas by directing growth into

appropriate areas

Clause 21.08-5 Cowes and Silverleaves

Clause 12.02-2: Appropriate development of coastal areas

Clause 12.02-4: Coastal Tourism

Clause 21.03-4 Tourism

Clause 16.01-1: Integrated housing by the promotion of a housing market that

meets community needs

Clause 16.01-2: By locating new housing close to employment corridors

Clause 16.01-5: Delivering more affordable housing

Clause 16.01-4: Contributing to a diversity of housing types

Because the strategic policy set by Council is to support and facilitate higher density

development within the confines of the Foreshore Precinct, the area generally has been

subject to larger and more intensive urban form for the past 15 years (pictured below).

Chapel Street in particular has a number of existing multi storey developments. Adjoining the subject land and to the west, the Quest Apartments feature polished

concrete facades with high architectural features.


Shire Council


Opposite Quest, and slightly to the west, the first of three (3), four (4) storey

residential appartment buildings is nearing completion. This development will shortly

support thirty (30) units with all associated parking spaces contained onsite and acheives a fine grain appearance through the use of colour seperation, mixed

materials and independent apartment buildings orientated within common property

grounds.

The size and prominence of these apartment or accommodation buildings

substantially alter the apparent character of the street. Though built form is

predominantly single or double storey the stature of a few larger integrated

developments influences the prospective form and structure of other lots as they

become available for redevelopment opportunities. This activity is fully supported by

the planning scheme and Council strategies for Cowes.

It is considered that the proposed development has responded to the preferred

emerging pattern of development as has been established with afore mentioned examples. The Cowes Foreshore Precinct Plan recommends higher densities in

general and an urban design framework for Chapel Street East, though at this stage a

framework has not been prepared. The design presented is based largely on

responding to existing development forms and reference documents contained within

the Bass Coast Planning Scheme.

Existing vegetation and the removal of vegetation

Pursuant to Clause 42.02: Vegetation Protection Overlay Schedule 2:

“a permit is required to remove, destroy or lop any tree or shrub with a girth greater than

30 centimetres (when measured 30 centimetres above ground level) or a height of at least

two metres.”


Shire Council


The applicant contracted the services of Jardine Johnstone Arboriculture whom

provided an assessment of all vegetation presently on the subject site in addition to

recommendations for removal or retention.

The conclusion of the assessment was that:

“The most significant trees are located within the road reserve, including those of

moderate significance (Trees 19, 20, 21, 24) and Tree 25, which is moderate to high

significance. All of these trees are located within close proximity of surrounding infrastructure, and therefore require monitoring to manage any potential impacts upon

this infrastructure.”

All vegetation located within the subject site itself is of low significance, being of poor

health or structure, small of stature, or poorly located. Many of the plants on site are

exempt from planning permit requirements pursuant to the provisions of clause 52.48 of

the Bass Coast Planning Scheme; and

The proposed development will require removal of most of the existing vegetation from the site. However, the siting of the development will allow for retention of a number of

street trees outside the footprint of the development.

In balancing the competing policies of the Planning Scheme, the removal of vegetation

from the subject site and from the Chapel Street Road Reserve to facilitate the

development are considered to be acceptable proposals. The removal of any trees

from Chapel Street must be balanced by replanting works.

The recommendations of the report by Jardine Johnstone are generally to be applied

as conditional requirements of any permit issued. The conditions would require

compliance with recommended Tree Protection Zones and a Landscape Plan to

address public works.


Shire Council


ELEMENT 2: Building Envelope

The location of buildings on their lot, overall height and shape can affect the

neighbourhood character, sunlight to adjoining properties and a significant number of other amenity issues externally and internally to the development proposal. The

assessment of this proposal is largely a response against the provisions of the Design

and Development Overlay Schedule 1, Schedule 3 and applicable local planning

policies. Height and massing is largely determined by the specific objectives of a

character area which are drawn from the relevant overlays and supporting policy

documentation including the:

Cowes Foreshore Precinct Phillip Island – Urban Design Reports 2000 and

2003 Design

Siting Guidelines for Coastal Areas and Rural Hinterland 1999

Siting and Design Guidelines for Structures on the Victorian Coast, Victorian

Coastal Council.

The key objectives of Design and Development Overly Schedule 1, as relevant, are to

maintain and improve the visual quality of the coastal landscape, preserve views from

the waters of Western Port, Bass Straight and Anderson Inlet. It is considered that

proposed development is substantially screened from coastal and bay views in

particular the historical view from the Jetty looking up Thompson Avenue, Cowes

below.

Massing and height is consistent with the scale and form of other high density

developments nearby, and has been considerate of lower scale urban form to the

south with lower apex heights and stepped design as has been illustrated below.

The height and design of the building is consistent with the Design and Siting

Guidelines for Coastal Areas and the Rural Hinterland 1999 as it relates to Cowes.

Streetscapes

The relationship between street width (including setbacks) and building height is

important in determining the character of a place. The design and siting guidelines call

for the set back of all new buildings from all boundaries to facilitate landscaping. The


Shire Council


proposal has generally been responsive to this guideline and the setback of upper

storeys reduces the impact of ‘visual enclosure’ on Findlay and Chapel Streets,

Cowes, thus maximising solar penetration and minimising offsite impacts of overshadowing. The articulated setbacks have been illustrated below:

The setback of the building overall and each upper level of the building presents a

good relationship with adjoining buildings while supporting the preferred built form of

the precinct. Small urban gardens are proposed within the short setback which the

existing street trees will adequately soften the modern architectural style of the

development.

Micro-climates

Wind force on and around buildings is a function of wind speed, local topography,

surface features of the surrounding terrain, building form and building height and is a

relevant consideration in the development of multi storey development. The

proposed articulation and upper level setback referred to previously also serves to

reduce ground level wind turbulence. This is represented graphically below and further illustrates how the stepped set-back upper storeys minimise common negative

amenity impacts from larger buildings.

ELEMENT 3: Street Pattern and Street-Edge Quality

Street pattern and street edge integration

The Cowes Foreshore Precinct – Phillip Island Urban Design reports of 2000 and

2003 recommend that any:

“new buildings within Findlay Street present an active frontage to the street and that car

parking is located towards the rear of the site.” Similarly the report recommends that “new buildings within Chapel Street address every street frontage and avoid large unbroken

facades.”


Shire Council


The report also indicates that street frontages should not be dominated by on-street

car parking.

The structure of Cowes is also referred to as ‘fine grained’. This refers to the size of the building blocks and the local street patterns. A fine grain urban area encourages

pedestrian and cycle activity. While the development of 46-48 Chapel Street, Cowes

involves the consolidation of two allotments to facilitate a more intensive design the

walkable perimeter of the property is approximately 90metres which is well within

the 400m maximum for encouraging pedestrian movements and increased levels of

activity.

The incorporation of retail space is encouraged by the design framework for high

density developments. The use of active premises on the ground floor assist with the

visual and physical connection of the development to the street, community and the

future residents of the proposed development. The proposed development is

responsive to the design suggestions for higher density development. The proposal

has been considerate in limiting the scale and intensity of ground level supporting uses

to one café in respect to the residential character to the east and south of the subject

site.

The proposal makes a considerable effort to address both street frontages in

accordance with the design guidelines. However at the pedestrian level, two long

expanses of unbroken fencing adjoin the road reserve. The guidelines for high density

development recommend avoiding designs that place private open space in the front

setback because residents need for privacy cannot be easily reconciled with the need

for a visual connection to the street. It is recommended that ground level units with

open spaces that adjoin the public space be provided with gated access to the reserve

and a semi permeable treatment to the upper portion of the fencing to better

integrate with the street frontage. A semi permeable treatment will screen occupants

from casual views, but still allow for an instant connection to the street scene.

Building entries

Building entries support the identity of buildings in addition to providing basic access.

Buildings with multiple tenancies and mixed functions may have a range of primary and

secondary entrances. The proposal has a single vehicle entry point which would serve

as the most frequently used and primary access point to residents but would not act

as the formal ‘entry’ to the development. The proposed design does not clearly identify a formal entry to the building and this detail will need to be addressed in a

subsequent design.

The proposal has acknowledged significant community and Council concern over the

provision of parking spaces within the development. This has been addressed by

providing the full parking space requirement sought by the Planning Scheme within an

integrated sub-floor parking centre. The proposal to provide car parking in a

basement is an ideal and desirable response to the significant parking requirement

generated by the proposal. The design and layout of the carpark has been addressed

in this report under ‘circulation and services.’

The basement parking is fully screened from public views with access being obtained

to the underground parking area via a ramp. Most vehicular movements associated

with the development will occur internally or at the connection point of the ramp to

the street. It is considered that the access to underground parking and the ground-

floor integration with the café have not been fully realised. It is recommended as a


Shire Council


condition of this report to reconfigure the relationship between pedestrian and

vehicular access to Chapel Street and adjust the design integration such that it will

encourage pedestrian activity and views.

ELEMENT 4: Circulation and Services

The shared ‘infrastructure’ in higher density development, including circulation,

parking and service spaces is important to ensure that buildings function well, are

efficient and capable of being properly maintained.

Parking layout

The proposal has demonstrated that parking can be provided in an underground

parking lot. The objectives of Clause 52.06: Car Parking, Clause 52.07: Loading

Requirements, and Clause 52.34 Bicycle Facilities, have all been met by the applicant.

Alterations have subsequently been applied to ensure that the proposed development

caters to the parking requirements of its residents.

The review conducted by TraffixGroup on behalf of the Bass Coast Shire, made a

number of recommendations which the applicant has sought to address with the plans

dated 9 June, 2016 by Petridis. Detailed adjustments still need to be made to the

plans so that spaces are allocated to their respective units and to ensure that the

operation of the carpark occurs in a safe, efficient and legible manner. The proposed

design will be conditionally controlled to comply with the requirements of the Bass

Coast Planning Scheme with a waiver of outstanding spaces and the development of

on-street parking.

Circulation spaces

Higher density living often relies on shared landscape and recreation areas, car parks and lobbies to provide for recreation purposes, internal orientation and circulation of

residents and other building users.

The proposed development features an internal courtyard ‘atrium’ which provides

internal visual interest and natural light filtration to many centrally located living areas.

The transfer of natural light from the roof to a useable space within a development is

a technique that is commonly used to improve the internal amenity, energy efficiency

and environmental sustainability of a building.

The concept of borrowed light has been recognised and upheld regularly at VCAT as

being an acceptable technique in multi-residential developments, with the following

cases, amongst others being cited:

Green, Gaud and Others v Hobsons Bay CC (VCAT 2014, Decision 2091)

South Y v Stonnington City Council (VCAT) P1011 of 2010 (unreported) 5 May 2011

Broadland Capital Pty Ltd v Port Phillip CC & Ors [2010] VCAT 1007

Site services

Site services and related enclosures (for waste disposal and recycling, mail and

deliveries, water and energy metering and emergency services) are necessary

elements in any development. The Waste Management Plan prepared by LID

proposes the collection of residential waste by Councils weekly collection service.


Shire Council


This would involve the placement of some eighty eight (88) bins to the frontage of the

property on Chapel and Findlay Streets, Cowes, which would have unacceptable

impacts on the neighbourhood amenity and the provision of effective and efficient garbage collection in this area.

A condition of this permit will be to prepare a new Waste Management Plan (WMP)

to service any development on the subject site through commercial contractors. The

requirements of such a WMP would be:

The maintenance and organisation of such a service to be the responsibility of

the Owners Corporation/building manager.

The type of bins to be used.

The types of waste to be collected.

When and how waste is to be collected from the site, including days and times.

Waste collection to be appropriately coordinated with Councils waste collection services.

Ongoing maintenance, cleaning and control of amenity impacts associated with

large quantities of waste.

Stormwater reuse and recycling has been addressed by the applicant through a

Stormwater Strategy. Generally the report has identified the risks and requirements

for stormwater discharge from the property. The application has been referred to

Councils Engineers for consideration and assessment. Our recommended conditions

appear on the proposed permit.

Internal Facilities

The proposal incorporates some common facilities including a communal exercise

area and the internal lobby / atrium. The proposal has omitted some basic facilities which have been directed as conditions of the permit to issue:

Facilities for mail delivery and parcel drops

The location of easily accessible Utility meters

Emergency access and egress points

ELEMENT 5: Building Layout and Design

Dwelling diversity

This development proposal includes forty four (44) apartments in total, of which forty

three (43) are three (3) bedroom apartments. Planning aims to achieve dwelling

diversity in a holistic sense (across the total availability of housing in Cowes). While

the development might accommodate forty three (43) three (3) bedroom apartments,

the assessment of higher density development must create the reasonable

opportunity for functional, flexible, efficient and comfortable residential apartments.

The proposed number and style of the units is likely to change through design

revisions, the proposal under consideration addresses the maximum possible capacity

for the proposed building and the requirements responsive to that capacity.


Shire Council


Building layout

The building layout is generally demonstrates the capability to facilitate the number

and size of units proposed but is likely to require alteration as the design plans are scrutinised under the building act and subject to their ‘more rigorous’ assessment

criteria. The assessment of internal design and dwelling arrangement is not facilitated

by the Planning Scheme.

Design detail

Bold forms and robust detailing are appropriate for roofs and walls of tall buildings,

however parts of buildings which are visible to pedestrians and the public realm

should be fine grained with detailed appearance to satisfy visual interest. This

correlates with the Cowes community value as noted in the Urban Design Report of

2003, but also have regard for the necessary scales involved in larger structures.

It is recommended that the design of the façade is adjusted to utilise materials and

combinations to reflect the coastal setting.

ELEMENT 6: Open Space and Landscape Design

The development proposes landscaped gardens in the setbacks surrounding the

proposed building. This is as much to absorb stormwater runoff as to provide a

vegetated buffer at the pedestrian level. Dwellings on the ground level have been

provided their private secluded open space to Street Frontages while upper level

dwellings use small balconies.

The Cowes Foreshore Precinct Urban Design reports of 2000 and 2003, stress the

activation of Findlay and Chapel Streets, Cowes by new development proposals. As

mentioned previously, the locating of private open spaces to street frontages

complicates this objective. It is proposed as a condition of this permit that any

amended plans must improve the street level integration of the proposed building.

Such solutions may include semi-permeable fencing, gate direct access and/or redesign

of dwelling orientation or purpose.

Public open space

The proposed development should contribute to the public realm through the

provision of active streetscape frontages and improvement to the public

infrastructure.

It is recommended that as a condition of this permit, the developer contributes to the

quantity and quality of native vegetation trees on the Chapel Street Road Reserve and Findlay Street, Cowes.

Conclusion

The development has been assessed against the State and Local Planning Policies and

is considered to be of a density, style, mass and height specifically encouraged by the

Bass Coast Planning Scheme in this area of Cowes.

The provisions for car parking, loading areas, bicycle storage and higher density

development are considered to have been met. The response has been peer

reviewed by TraffixGroup and by our internal engineering department.


Shire Council


The development proposal has been assessed against the relevant decision guidelines

and is considered to be consistent with the Design and Development Overlays for

residential areas near the coast, the Cowes foreshore precinct and state standard decision guidelines and on this basis, it is considered that the proposal should be

supported.

Recommendation

That in relation to planning permit application 150330 located at 46-48

Chapel Street, Cowes, Council resolves to issue a Notice of Decision to

Grant a Permit, subject to the following conditions:

1. Before the use and development commences, amended plans to the

satisfaction of the responsible authority 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 but modified to:

a. provide an access point to every ground level apartment from

the road reserve.

b. show any screen fencing to front Findlay or Chapel Street to a

maximum height of 1.5m and any portion higher than this being

a minimum of 80% permeable.

c. provide for a minimum of one additional access/exit point to the

upper storeys of the development separated from the central

stair/lift well.

d. show the location of external plant and equipment including but

not limited to service units.

e. clearly articulate the formal entry to the building which

provides a sense of address, responds to the buildings character

and provides shelter and security.

f. clearly show the position of services such as post boxes, parcel

delivery storage and utility meters

g. apply design features/fine grained architectural detailing and/or

integrate public artwork at the pedestrian level of the building.

2. Service facilities must be located and designed so as not to be visually

prominent from the public realm or neighboring properties. All

facilities must be acoustically treated to minimise noise and where

visible the plant must be appropriately screened.

3. Except for gutters and downpipes, all pipes, fixtures, fittings and vents

servicing any building on the site must be concealed in service ducts or

otherwise hidden from view to the satisfaction of the responsible

authority


Shire Council


4. Materials used for the external surfaces must be designed for a coastal

environment, durable and responsive to the environmental character

of Phillip Island.

5. The development must apply the recommendations of the acoustic

report prepared in accordance with this permit.

6. The uses and development as shown on the endorsed plans must not

be altered without the written consent of the responsible authority.

7. Before the development starts, Crown allotment 19 and 20 must be

consolidated under the Subdivision Act 1988 to the satisfaction of the

responsible authority.

Parking management and access

8. Before the development is started, a Traffic and Parking Management

Plan to the satisfaction of the responsible authority must be submitted

to and approved by the responsible authority. Three copies of the

plan must be submitted. The plan must generally accord with

approved development plans but:

a. allocate the parking spaces of the basement carpark to specific

units and café or services staff;

b. the location and allocation of disabled access parking spaces;

c. the dimensions and location of the roads, parking spaces, access

lanes and site facilities including measures proposed to limit

traffic speeds on the site;

d. specification of emergency egress for fire evacuations or other

emergency situations;

e. the number and location of all on and off-site security

installations or measures;

f. the means by which the direction of traffic and pedestrian flows

to and from car parking areas will be controlled on and off the

site

g. specification of staff numbers adequate to enable efficient

operation of car parking areas on site;

h. the number and location of all/any on- and off-site security staff;

i. the means by which the direction of traffic and pedestrian flows to and from car parking areas will be controlled both on- and

off-site;

j. measures to discourage non-resident/employee car parking and

access to the basement levels;

k. measures to preclude staff parking in designated patron parking

areas;

l. measures to ensure the orderly movement of vehicles and

pedestrians through the internal parking areas;


Shire Council


m. the designation of disabled parking spaces to those spaces

closest to the lift access and stairwell;

n. servicing of the drainage and maintenance of car parking areas;

o. the operation and management of waste removal from the

building;

p. the designation of appropriate loading and unloading areas.

The Traffic and Parking Management Plan, once endorsed, will form

part of the permit. All future traffic operations relating to the use and

development must be in accordance with the approved Traffic and

Parking Management Plan.

9. Any security boom, barrier or similar device controlling vehicular

access to the premises must be located a minimum of six metres

inside the property to allow vehicles to stand clear of the road

pavement and footpath.

10. Before the development is occupied, the areas set-aside for the

parking of vehicles and access lanes as shown on the endorsed plans

must be:

a. properly formed and constructed to such levels that they can be

used in accordance with the plans;

b. surfaced with an all-weather-seal coat;

c. drained;

d. line marked to indicate each car space and all access lanes;

e. clearly marked to show the direction of traffic along access lanes

and driveways;

f. measures taken to prevent damage to fences or landscaped

areas of adjoining properties and to prevent direct vehicle

access to an adjoining road other than by a vehicle crossing;

g. provision of signage directing drivers to the area(s) set aside for

car parking. Such signs are to be located and maintained to the

satisfaction of the Responsible Authority. This sign must not

exceed 0.3 square metres.

to the satisfaction of the responsible authority.

11. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

12. Employer and employee vehicles must be parked within the land at all

times during the use. Car spaces at the front of the land must be set

aside for customer/temporary parking and be appropriately signed.

13. The loading and unloading of goods from vehicles must only be carried

out on the land subject to this permit within the designated loading

bay and must not disrupt the circulation and parking of vehicles on the

land to the satisfaction of the responsible authority.


Shire Council


14. The areas must be constructed and drained to prevent diversion of

flood or drainage waters, and maintained in a continuously useable

condition to the satisfaction of the responsible authority.

15. Vehicle and pedestrian access and drainage to serve the subject land

must be located, constructed and maintained for defects to the

satisfaction of the Responsible Authority including the construction of

a concrete driveway crossover and footpaths in accordance with

Council’s Standard Drawings

16. Access to the site shall only be at the nominated crossing shown on

the endorsed plan. The crossing and road pavement works are to be

constructed to the satisfaction of the Responsible Authority

17. Before the works commence, detailed civil construction plans must be

prepared to the satisfaction of the Responsible Authority for

endorsement by the Responsible Authority. All construction plans

submitted for approval must be consistent with this permit and must

conform with the requirements of all relevant servicing and road

authorities, and in particular drainage, gas, water, sewerage, telephone

and power authorities, VicRoads and Council. The plans must be


The plans must show:

a. drainage of the subject land to the satisfaction of the

Responsible Authority including:

i. compliance with the Best Practice Environmental

Management Guidelines for Urban Stormwater and Bass

Coast Shire Stormwater Management Plan (2003) and

any quality treatments proposed in accordance with these

Guidelines.

ii. a drainage retardation system for the development of

the subject land hereby approved designed to discharge

to existing underground drainage system.

iii.consideration of any buildings and works and landscaping

in relation to any detrimental impacts to underground

drainage pipes located on any existing or proposed drainage or sewerage easement.

b. vehicle and pedestrian access and car parking to the satisfaction

of the Responsible Authority including:

i. a concrete driveway crossover in accordance with

Council’s Standard Drawings including avoidance /

reinstatement of existing street trees and service

authority asset.

ii.1.5m wide concrete footpath on the Chapel Street

frontage widened to 2m abutting the indented parking

bays required for Café customers and site visitors use to

access the building.

iii.construction of a 1.5m footpath for the full length of

Findlay Street.


Shire Council


iv.car parking areas and access ways to be designed,

constructed and sealed with an all-weather seal pavement

(asphalt or concrete) to the satisfaction of the Responsible Authority including the provision of indented

60 degree angled parking bays on the Chapel St

frontages. Amended drainage and footpath alignments to

suit the existing and proposed drainage outfall system

from the drainage detention system and linkages to the

development hereby approved is required.

v.car parking spaces and access aisles designed in

accordance with the Australian Standard for off-street car

parking AS 2890.1 – 2004 and the Bass Coast Planning

Scheme.

vi.building envelopes (existing or proposed), service

authority assets on site, all easements (existing, proposed

and implied) and other building, drainage and access

restrictions / obstructions as applicable.

18. All works must be constructed and completed to the satisfaction of

the Responsible Authority prior to the issue of an occupancy permit or

otherwise the occupation of the building.

19. No buildings or works shall be constructed on any existing easement

(including implied sewer, drainage, telephone, gas, power and water

easement) or proposed easement without the further approval in

writing of the Responsible Authority and/or the relevant service

provider.

20. Before the works commence, a Construction Management Plan must

be prepared to the satisfaction of the Responsible Authority for

endorsement by the Responsible Authority. The plan must address,

but not be limited to following:

a. all vehicles movements involved in construction works for the

subdivision and development hereby approved must be

undertaken from abutting roads [preferably from Finlay St].

The entrances must be constructed with a temporary seal pavement or better to the satisfaction of Responsible Authority

and maintained to ensure that no sediment or debris spills over

onto these roads.

b. a truck wheel-wash must be installed and used or a similar

arrangement employed so vehicles leaving the site do not

deposit mud or other materials on roadways;

c. landscaping, re-vegetation and construction works carried out

on the site must be supervised by a person with recognised

environmental qualifications

d. hours of construction work. The CMP must provide that such

hours are to be 8.00am to 6.00pm Monday to Friday with no

construction on weekends or public holidays. The CMP must

provide that the hours of construction from Monday to Friday

(inclusive) may be extended with the consent of the Responsible


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Authority provided all adjoining residents are notified prior to

the extended hours of construction. All deliveries, unloading

and collection of materials associated with the construction phase of the development must occur within the hours of

construction work, unless further permission is given in writing

by the Responsible Authority;

e. location of the construction workers compound. The

compound must be located a reasonable distance from any

neighbouring residence to minimise amenity impacts and not

located on any abutting road reserve without the further

approval in writing by the Responsible Authority. The

compound must be used for the storage of building materials,

parking for construction workers and as the location for the site

offices and amenities;

f. management of all building and construction waste, including

any measures to recycle materials generated during

construction;

g. procedures to protect adjacent land uses during the

construction of the development;

h. locations of cut and fill stockpiles

i. the gravel and any other approved soil-derived material used in

the construction of pedestrian links and paths must be

guaranteed Phytophthora free;

j. the requirements of all servicing authorities and in particular

water, sewerage, drainage, telephone and power supply

authorities. The details of any servicing requirements affecting

the subject land shall be included, such as power kiosks, pumps

or other upgrading required;

k. a liaison officer for contact by residents and the Responsible

Authority in the event of relevant queries or problems

experienced

l. timing of bulk earth works. The CMP must detail conditions

that will cause bulk earth works to be suspended (for example after significant and prolonged rain event);

m. actions to be taken to prevent the discharge of dust, sediment

and litter during construction activities at the site. Include

actions to be taken to prevent sediment leaving the site in the

course of significant rain and high winds and the method and

frequency of clean up procedures in the event of buildup of

matter within and outside of the site; and

n. reporting requirements to demonstrate compliance with the

following:

o. EPA guidelines for Major Construction Sites and Techniques for

Sediment Pollution Control and other provisions of the

approved EMP;


Shire Council


p. Best Practice Environmental Management Guidelines for Urban

Stormwater;

q. Environmental Guidelines for Urban Stormwater (EPA Publication No. 480, December 1995);

r. Construction Techniques for Sediment Pollution Control (EPA

Publication No. 275, May 1991).

The Construction Management Plan, once endorsed, will form part of

the permit. All works constructed or carried out must be in

accordance with the approved Construction Management Plan and my

not be altered except with the written consent of the Responsible

Authority

21. All activities on the land must comply with the endorsed Construction

Management Plan at all times.

Vegetation Removal

22. The Tree Protection Recommendations of the arboriculture report

prepared by Jardine Johnstone Environment and Planning January

2016 must be implemented for any tree located within the road

reserve.

23. The written consent of the road manager and a road occupation

permit must be obtained before the removal of any trees from the

road reserve.

24. Any street tree(s) to be removed must be replaced with an advanced

tree(s) (minimum of two metres high at time of planting), of a species

and in a location to the satisfaction of the responsible authority.

25. A qualified Arborist must be present at the time of excavation to

ensure suitable protection of the trees to be retained. Any work on

the trees to be retained must be undertaken by a qualified Arborist.

All areas of cut adjacent to the trees to be retained must be mulched

to the satisfaction of the Arborist present.

26. Within 6 months of the occupation of the development hereby

permitted the site must be landscaped in accordance with the

endorsed landscape plan. The landscaping shown must thereafter

maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

Waste Management

27. The provision of waste collection from the proposed development

must be conducted by private waste contractor and the service

managed by the owners corporation/facilities manager for the

development.

28. All waste collection from the property must occur within the

properties boundaries or otherwise with the agreement and written

permission of the Responsible Authority.

29. Before the occupation of the facility commences, an amended Waste

Management Plan (WMP) must be prepared by a suitably qualified

person or firm to the satisfaction of the Responsible Authority for


Shire Council


endorsement by the Responsible Authority. Once endorsed, the WMP

will form part of the permit. The WMP must address at minimum:

a. how waste services will be provided to this development in accordance with the conditions of this permit.

b. how waste is collected or moved from individual dwellings to

the storage area;

c. the storage and collection of hard/bulky waste;

d. details regarding bin types, onsite storage, collection,

compaction and service areas;

e. details on the method of garbage collection, placement and a

nuisance reduction.

f. details around proposed collection days, times and their

frequency coordinated appropriately with Councils existing

service and to the satisfaction of the responsible authority;

All waste collection and disposal must be undertaken in accordance

with the approved WMP. Any plans must be drawn to scale with

dimensions and three (3) copies must be provided (one copy must be

A3 size). Once endorsed, the WMP must not be altered except with

the written consent of the Responsible Authority. Once endorsed, the

WMP will form part of the permit.

Land Uses and amenity

30. Prior to the commencement of the development an acoustic report

must be prepared by an appropriately qualified person or organization

which identifies any auditory impacts that may result from the

placement of services, land uses or other causes of noise. Any report

must at minimum:

a. identify points of noise emission that would cause unacceptable

amenity impacts upon residents within the development or

adjoining the development;

b. make recommendations for acoustic treatments or processes

which can be implemented to minimize noise related issues; or

c. conclude that the proposed development is designed to

adequately control internal and external noise impacts.

The acoustic report must be submitted to the responsible authority

before works commence on the proposed development.

31. All security alarms or similar devices installed on the land must be of a

silent type in accordance with any current standard published by

Standards Australia International Limited and be connected to a

security service.

32. Noise levels emanating from the premises must not exceed those

required to be met under State Environment Protection Policy

(Control of Noise from Public Premises) No. N-2.


Shire Council



out on the land subject to this permit within designated loading bays

and must not disrupt the circulation and parking of vehicles on the land to the satisfaction of the responsible authority.

34. This permit will expire if one of the following circumstances applies:

a. the development is not started within four years of the date of

this permit;

b. the development is not completed within eight years of the date

of this permit;

c. the use has not started within two years of completion of the

development;

d. the use of the land for a food and drink premises expires if it is

discontinued for a period of more than two years.

The Responsible Authority may extend the times stated in this

condition, in accordance with section 69 of the Planning and

Environment Act.

Note: Building approval

This permit does not authorise the commencement of any building

construction works. Before the development starts, the applicant will

be required to apply for and obtain appropriate building approval.

Any plan approved under the Building Act and Regulations must not

differ from the endorsed plan forming part of this Permit.

Attachments

AT-1 Partially Superseded Development Plans 46-48 Chapel Street Cowes

Permit 150330

13

Pages

AT-2 Amended Plans Basement Carpark Levels 1 & 2 1 Page

AT-3 Amended Plans Basement Carpark Levels 3 & 4 1 Page

AT-4 Amended Plans Ground Floor Layout 1 Page

AT-5 Amended Plans First Floor Layout 1 Page

AT-6 Amended Plans South & East Elevations 1 Page

AT-7 Amended Plans North & West Elevations 1 Page

AT-8 3D Streetscape Perspectives 46-48 Chapel Street Cowes Permit

150330

3 Pages

AT-9 Arboricultural Report 46-48 Chapel Street Cowes Permit 150330 20

Pages

AT-

10

46-48 Chapel Street Locality Plan 1 Page


Shire Council


AT-

11

46-48 Chapel Street Locality - Policy - Plan 1 Page

AT-12

CONFIDENTIAL - Submissions 46 Pages

Council Decision

Moved: Cr. Phil Wright / Seconded: Cr. Kimberley Brown

That in relation to planning permit application 150330 located at 46-48

Chapel Street, Cowes, Council resolves to issue a Notice of Decision to

Grant a Permit, subject to the following conditions:

1. Before the use and development commences, amended plans to the

satisfaction of the responsible authority 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


The plans must be generally in accordance with the plans submitted

with the application but modified to:

a. provide an access point to every ground level apartment from

the road reserve.

b. show any screen fencing to front Findlay or Chapel Street to a

maximum height of 1.5m and any portion higher than this being

a minimum of 80% permeable.

c. provide for a minimum of one additional access/exit point to the

upper storeys of the development separated from the central

stair/lift well.

d. show the location of external plant and equipment including but

not limited to service units.

e. clearly articulate the formal entry to the building which provides

a sense of address, responds to the buildings character and

provides shelter and security.

f. clearly show the position of services such as post boxes, parcel

delivery storage and utility meters

g. apply design features/fine grained architectural detailing and/or

integrate public artwork at the pedestrian level of the building.

2. Service facilities must be located and designed so as not to be visually

prominent from the public realm or neighboring properties. All

facilities must be acoustically treated to minimise noise and where

visible the plant must be appropriately screened.

3. Except for gutters and downpipes, all pipes, fixtures, fittings and vents

servicing any building on the site must be concealed in service ducts or

otherwise hidden from view to the satisfaction of the responsible

authority


Shire Council


4. Materials used for the external surfaces must be designed for a coastal

environment, durable and responsive to the environmental character

of Phillip Island.

5. The development must apply the recommendations of the acoustic

report prepared in accordance with this permit.

6. The uses and development as shown on the endorsed plans must not

be altered without the written consent of the responsible authority.

7. Before the development starts, Crown allotment 19 and 20 must be

consolidated under the Subdivision Act 1988 to the satisfaction of the

responsible authority.

8. Prior to the occupation of the development hereby permitted,

electricity transmission lines on the road reserve of Chapel and Findlay

Street frontages must be relocated underground to the satisfaction of

Ausnet Pty. Ltd. and the Responsible Authority at the expense of the

applicant.

Parking management and access

9. Before the development is started, a Traffic and Parking Management

Plan to the satisfaction of the responsible authority must be submitted

to and approved by the responsible authority. Three copies of the plan

must be submitted. The plan must generally accord with approved

development plans but:

a. allocate the parking spaces of the basement carpark to specific

units and café or services staff;

b. the location and allocation of disabled access parking spaces;

c. the dimensions and location of the roads, parking spaces, access

lanes and site facilities including measures proposed to limit

traffic speeds on the site;

d. specification of emergency egress for fire evacuations or other

emergency situations;

e. the number and location of all on and off-site security

installations or measures;

f. the means by which the direction of traffic and pedestrian flows to and from car parking areas will be controlled on and off the

site

g. specification of staff numbers adequate to enable efficient

operation of car parking areas on site;

h. the number and location of all/any on- and off-site security staff;

i. the means by which the direction of traffic and pedestrian flows

to and from car parking areas will be controlled both on- and

off-site;

j. measures to discourage non-resident/employee car parking and

access to the basement levels;


Shire Council


k. measures to preclude staff parking in designated patron parking

areas;

l. measures to ensure the orderly movement of vehicles and pedestrians through the internal parking areas;

m. the designation of disabled parking spaces to those spaces

closest to the lift access and stairwell;

n. servicing of the drainage and maintenance of car parking areas;

o. the operation and management of waste removal from the

building;

p. the designation of appropriate loading and unloading areas.

The Traffic and Parking Management Plan, once endorsed, will form

part of the permit. All future traffic operations relating to the use and

development must be in accordance with the approved Traffic and

Parking Management Plan.

10. Any security boom, barrier or similar device controlling vehicular

access to the premises must be located a minimum of six metres

inside the property to allow vehicles to stand clear of the road

pavement and footpath.

11. Before the development is occupied, the areas set-aside for the

parking of vehicles and access lanes as shown on the endorsed plans

must be:

a. properly formed and constructed to such levels that they can be

used in accordance with the plans;

b. surfaced with an all-weather-seal coat;

c. drained;

d. line marked to indicate each car space and all access lanes;

e. clearly marked to show the direction of traffic along access lanes

and driveways;

f. measures taken to prevent damage to fences or landscaped

areas of adjoining properties and to prevent direct vehicle

access to an adjoining road other than by a vehicle crossing;

g. provision of signage directing drivers to the area(s) set aside for

car parking. Such signs are to be located and maintained to the satisfaction of the Responsible Authority. This sign must not

exceed 0.3 square metres.


12. Car spaces, access lanes and driveways must be kept available for these

purposes at all times.

13. Employer and employee vehicles must be parked within the land at all

times during the use. Car spaces at the front of the land must be set

aside for customer/temporary parking and be appropriately signed.


Shire Council



out on the land subject to this permit within the designated loading

bay and must not disrupt the circulation and parking of vehicles on the land to the satisfaction of the responsible authority.

15. The areas must be constructed and drained to prevent diversion of

flood or drainage waters, and maintained in a continuously useable

condition to the satisfaction of the responsible authority.

16. Vehicle and pedestrian access and drainage to serve the subject land


satisfaction of the Responsible Authority including the construction of

a concrete driveway crossover and footpaths in accordance with

Council’s Standard Drawings

17. Access to the site shall only be at the nominated crossing shown on the

endorsed plan. The crossing and road pavement works are to be

constructed to the satisfaction of the Responsible Authority

18. Before the works commence, detailed civil construction plans must be

prepared to the satisfaction of the Responsible Authority for

endorsement by the Responsible Authority. All construction plans

submitted for approval must be consistent with this permit and must

conform with the requirements of all relevant servicing and road

authorities, and in particular drainage, gas, water, sewerage, telephone

and power authorities, VicRoads and Council. The plans must be


The plans must show:

a. drainage of the subject land to the satisfaction of the


i. compliance with the Best Practice Environmental

Management Guidelines for Urban Stormwater and

Bass Coast Shire Stormwater Management Plan

(2003) and any quality treatments proposed in

accordance with these Guidelines.

ii. a drainage retardation system for the development

of the subject land hereby approved designed to discharge to existing underground drainage system.

iii. consideration of any buildings and works and

landscaping in relation to any detrimental impacts to

underground drainage pipes located on any existing

or proposed drainage or sewerage easement.

b. vehicle and pedestrian access and car parking to the satisfaction

of the Responsible Authority including:

i. a concrete driveway crossover in accordance with

Council’s Standard Drawings including avoidance /

reinstatement of existing street trees and service

authority asset.


Shire Council


ii. 1.5m wide concrete footpath on the Chapel Street

frontage widened to 2m abutting the indented

parking bays required for Café customers and site visitors use to access the building.

iii. construction of a 1.5m footpath for the full length of

Findlay Street.

iv. car parking areas and access ways to be designed,

constructed and sealed with an all-weather seal

pavement (asphalt or concrete) to the satisfaction of

the Responsible Authority including the provision of

indented 60 degree angled parking bays on the

Chapel St frontages. Amended drainage and

footpath alignments to suit the existing and

proposed drainage outfall system from the drainage

detention system and linkages to the development

hereby approved is required.

v. car parking spaces and access aisles designed in

accordance with the Australian Standard for off-

street car parking AS 2890.1 – 2004 and the Bass

Coast Planning Scheme.

vi. building envelopes (existing or proposed), service

authority assets on site, all easements (existing,

proposed and implied) and other building, drainage

and access restrictions / obstructions as applicable.

19. All works must be constructed and completed to the satisfaction of the

Responsible Authority prior to the issue of an occupancy permit or

otherwise the occupation of the building.





provider.

21. Before the works commence, a Construction Management Plan must be prepared to the satisfaction of the Responsible Authority for

endorsement by the Responsible Authority. The plan must address,

but not be limited to following:

a. all vehicles movements involved in construction works for the


undertaken from abutting roads [preferably from Finlay St].

The entrances must be constructed with a temporary seal

pavement or better to the satisfaction of Responsible Authority

and maintained to ensure that no sediment or debris spills over

onto these roads.

b. a truck wheel-wash must be installed and used or a similar


deposit mud or other materials on roadways;


Shire Council


c. landscaping, re-vegetation and construction works carried out


environmental qualifications

d. hours of construction work. The CMP must provide that such

hours are to be 8.00am to 6.00pm Monday to Friday with no

construction on weekends or public holidays. The CMP must

provide that the hours of construction from Monday to Friday

(inclusive) may be extended with the consent of the Responsible

Authority provided all adjoining residents are notified prior to

the extended hours of construction. All deliveries, unloading

and collection of materials associated with the construction

phase of the development must occur within the hours of


by the Responsible Authority;

e. location of the construction workers compound. The compound

must be located a reasonable distance from any neighbouring

residence to minimise amenity impacts and not located on any

abutting road reserve without the further approval in writing by

the Responsible Authority. The compound must be used for the

storage of building materials, parking for construction workers

and as the location for the site offices and amenities;

f. management of all building and construction waste, including

any measures to recycle materials generated during

construction;

g. procedures to protect adjacent land uses during the

construction of the development;

h. locations of cut and fill stockpiles

i. the gravel and any other approved soil-derived material used in


guaranteed Phytophthora free;

j. the requirements of all servicing authorities and in particular


authorities. The details of any servicing requirements affecting the subject land shall be included, such as power kiosks, pumps

or other upgrading required;

k. a liaison officer for contact by residents and the Responsible


experienced

l. timing of bulk earth works. The CMP must detail conditions

that will cause bulk earth works to be suspended (for example

after significant and prolonged rain event);

m. actions to be taken to prevent the discharge of dust, sediment




frequency of clean up procedures in the event of buildup of


Shire Council


matter within and outside of the site; and

n. reporting requirements to demonstrate compliance with the

following:

o. EPA guidelines for Major Construction Sites and Techniques for

Sediment Pollution Control and other provisions of the

approved EMP;

p. Best Practice Environmental Management Guidelines for Urban

Stormwater;

q. Environmental Guidelines for Urban Stormwater (EPA

Publication No. 480, December 1995);

r. Construction Techniques for Sediment Pollution Control (EPA

Publication No. 275, May 1991).

The Construction Management Plan, once endorsed, will form part of

the permit. All works constructed or carried out must be in

accordance with the approved Construction Management Plan and my

not be altered except with the written consent of the Responsible

Authority

22. All activities on the land must comply with the endorsed Construction

Management Plan at all times.

Vegetation Removal

23. The Tree Protection Recommendations of the arboriculture report

prepared by Jardine Johnstone Environment and Planning January

2016 must be implemented for any tree located within the road

reserve.

24. The written consent of the road manager and a road occupation

permit must be obtained before the removal of any trees from the

road reserve.

25. Any street tree(s) to be removed must be replaced with an advanced

tree(s) (minimum of two metres high at time of planting), of a species

and in a location to the satisfaction of the responsible authority.

26. A qualified Arborist must be present at the time of excavation to

ensure suitable protection of the trees to be retained. Any work on the trees to be retained must be undertaken by a qualified Arborist. All

areas of cut adjacent to the trees to be retained must be mulched to

the satisfaction of the Arborist present.

27. Within 6 months of the occupation of the development hereby

permitted the site must be landscaped in accordance with the

endorsed landscape plan. The landscaping shown must thereafter

maintained to the satisfaction of the responsible authority, including

that any dead, diseased or damaged plants are to be replaced.


Shire Council


Waste Management

28. The provision of waste collection from the proposed development

must be conducted by private waste contractor and the service managed by the owners corporation/facilities manager for the

development.

29. All waste collection from the property must occur within the

properties boundaries or otherwise with the agreement and written

permission of the Responsible Authority.

30. Before the occupation of the facility commences, an amended Waste

Management Plan (WMP) must be prepared by a suitably qualified

person or firm to the satisfaction of the Responsible Authority for

endorsement by the Responsible Authority. Once endorsed, the WMP

will form part of the permit. The WMP must address at minimum:

a. how waste services will be provided to this development in

accordance with the conditions of this permit.

b. how waste is collected or moved from individual dwellings to the

storage area;

c. the storage and collection of hard/bulky waste;

d. details regarding bin types, onsite storage, collection,

compaction and service areas;

e. details on the method of garbage collection, placement and a

nuisance reduction.

f. details around proposed collection days, times and their

frequency coordinated appropriately with Councils existing

service and to the satisfaction of the responsible authority;

All waste collection and disposal must be undertaken in accordance

with the approved WMP. Any plans must be drawn to scale with

dimensions and three (3) copies must be provided (one copy must

be A3 size). Once endorsed, the WMP must not be altered except

with the written consent of the Responsible Authority. Once

endorsed, the WMP will form part of the permit.

Land Uses and amenity

31. Prior to the commencement of the development an acoustic report must be prepared by an appropriately qualified person or organization

which identifies any auditory impacts that may result from the

placement of services, land uses or other causes of noise. Any report

must at minimum:

a. identify points of noise emission that would cause unacceptable

amenity impacts upon residents within the development or

adjoining the development;

b. make recommendations for acoustic treatments or processes

which can be implemented to minimize noise related issues; or

c. conclude that the proposed development is designed to

adequately control internal and external noise impacts.


Shire Council


The acoustic report must be submitted to the responsible authority

before works commence on the proposed development.

32. All security alarms or similar devices installed on the land must be of a silent type in accordance with any current standard published by

Standards Australia International Limited and be connected to a

security service.

33. Noise levels emanating from the premises must not exceed those

required to be met under State Environment Protection Policy

(Control of Noise from Public Premises) No. N-2.


out on the land subject to this permit within designated loading bays

and must not disrupt the circulation and parking of vehicles on the land


35. This permit will expire if one of the following circumstances applies:

a. the development is not started within four years of the date of

this permit;

b. the development is not completed within eight years of the date

of this permit;

c. the use has not started within two years of completion of the

development;

d. the use of the land for a food and drink premises expires if it is

discontinued for a period of more than two years.

The Responsible Authority may extend the times stated in this

condition, in accordance with section 69 of the Planning and

Environment Act.

Note: Building approval

This permit does not authorise the commencement of any building

construction works. Before the development starts, the applicant will

be required to apply for and obtain appropriate building approval.

Any plan approved under the Building Act and Regulations must not

differ from the endorsed plan forming part of this Permit.

A road occupation permit shall be required for any works undertaken

in the road adjoining the subject land (subject to this permit).

CARRIED UNANIMOUSLY


Shire Council


H.2 160038 - Utility Installation and Removal of Native Vegetation - Phillip

Island Road, Newhaven CA 43A & CA44 - Newhaven Wetlands

File No: CM16/415 Department: Sustainable Development and

Growth




Application Details

Use/Development Sought: Utility Installation and Removal of

Native Vegetation

The Land: CA 43A and CA44 – Newhaven

Wetlands

Planning Scheme: Bass Coast

Zoning: Public Conservation and Resource

Overlays: Vegetation Protection, Bushfire

Management Overlays

Locality Plan: (refer attachment AT-1)

Declaration


Executive Summary

The application seeks consent for the construction of a pipe and shallow swale for the

dispersing of stormwater from Stage 2 and parts of Stage 1 of the Woolamai House

Subdivision (30 lots). The swale does not serve a retarding or bio-retention function,

and is only required to ensure the underground pipe can be ‘day-lighted’ so that the

water can be discharged.

The proposed removal of the vegetation is from an area within Newhaven Wetlands; the outfall is required to enable the applicant to comply with Condition 19 of Planning

Permit 100501 (Subdivision of Woolamai House Estate). All development sites require

an outfall and as such the proposed use and works presents the best solution to

meeting this requirement. Furthermore, the wetlands application will result in less

native vegetation loss 0.022 hectares (as opposed to 0.071 hectares coastal application

previously considered).

A previous application for a coastal outfall for the subdivision was considered by

Council in November, 2015. The application for a coastal outfall was refused by

Council, following on from this the permit applicant has sought to review this decision

at VCAT. At the time of writing the VCAT case for the coastal outfall as proposed in

application 150082 is on hold, pending resolution of the current Newhaven Wetlands

proposal which is before Council.

In terms of additional water in the Newhaven Wetlands, the potential impact of the

currently proposed option was confirmed by Cardno’s analysis (contracted by Council

to peer review the applicants work) which stated that should drainage outfall be


Shire Council


directed to the Newhaven Wetlands then this could increase water levels by up to

4cm at the 90th percentile. The review noted that a drainage outfall in the Newhaven

Wetlands could not have a zero impact on water volumes in that area:

‘In order to have no impact on the wetlands, the volume of water draining to the wetlands

from the development should remain unchanged. As the wetlands are a volume driven

system, simply slowing the flows down in a retarding basin will not reduce the impact on

the wetlands. The additional water generated by the development must be directed to an

alternate location, either to an alternate outfall location or via a reuse scheme’.

This 4cm figure was calculated by Cardno from the basis of the previous information

provided; this differs slightly from the applicant’s projection in the current application

of 3cm (refer AT-5. Applicants Water Impact Assessment). The projected figure has

been reduced following the further detailed studies by the applicant. An analysis from

the applicant indicating water quality would be acceptable with no impact on the

existing wetland environs was also provided and is also attached to this report. No

objections in regards to this information have been received from Phillip Island Nature

Parks, DELWP or Councils Environment Team.

The application has been advertised and notified to the all parties whom objected to

application 150082 as well as all abutting land owners. Two objections have been

received. One of the objections covered impacts on the Newhaven Caravan Park.

The Newhaven Caravan Park already suffers from some inundation at peak events due

to its low lying topography. Whilst this proposal could add 3cm to the peak levels, the

merits of doing so need to be considered in terms of the existing issues and also

other options for the outfall.

As mentioned, the coastal outfall was previously refused by Council and all other

options as detailed later in this report would be either impractical and/or result in

greater vegetation losses. Therefore having balanced all these issues and having

considered no objections have been received from DELWP, Phillip Island Nature Parks

or Councils Environment and Engineering Departments, it is considered the

Newhaven Wetlands outfall swale for the dispersing of stormwater as proposed in this

application should be approved.

Proposed Use & Development

The proposal seeks approval for the creation of a drainage outfall on Crown Land

adjacent to the Woolamai House development at 7 Cleeland Road, Cape Woolamai.

The drainage outfall would service a total of 30 lots, including all of Stage 2 and part of

the lots in Stages 1 and 1a. The outfall is located outside of the subject site at the

North-East corner of the site and extends into the Cleeland Road Reserve. A

planning permit is triggered, by the following Clauses:

Use of the land for a Utility installation, Clause 36.03-1 of the Public

Conservation and Resource Zone.

Buildings and works associated with a Utility installation, Clause 36.03-2 of the Public Conservation and Resource Zone.

Removal of Native Vegetation, in accordance with Clause 42.02, Vegetation

Protection Overlay Schedule 2 and Clause 52.17, Native Vegetation.


Shire Council


In terms of the required works, the pipe to be constructed under the eastern end of

the Cleeland Road Reserve, will direct water into a shallow swale for the purpose of

discharging treated storm water from the estate. As mentioned previously, the proposed swale does not serve a retarding function and is only required to ensure

that the underground pipe has the ability to discharge water.

To facilitate the proposed outfall swale, an area of 0.022 hectares of vegetation will

need to be removed from the Newhaven Wetlands Area. This is required for the

equipment to excavate the swale area, the proposed pipe will be pipejacked (bored) so

as to avoid the removal of additional vegetation.

The parent Planning Permit 100501 enabled the developer to discharge drainage

offsite. Council therefore has to consider whether the option for this legal point of

discharge is appropriate. The drainage outfall is the last part of the development

infrastructure that needs to be resolved.

Reason a Council Decision is required

The Application has been referred to Council as the first outfall application 150082

was also determined by Council.

Background

Subject Site

Planning Permit 100501 was issued by Council, at the direction of the Victorian Civil

and Administrative Tribunal, on 3 October 2012, for a 69 lot subdivision, vegetation

removal and the creation of vehicular access to the subject land.

The Newhaven Wetlands area which abuts the northern boundary of the subdivision

development site is a heavily vegetated reserved with a drainage basin within the

central area. The wetlands are situated between Phillip Island Road to the north and

the Cape Woolamai coastline to the south. Cleeland Road is a largely unmade road

reserve; only the western part is made and serves as a gateway to the Woolamai

House development area. A coastal track to the beach meanders its way through the

road reserve.

The subject lots CA 43A and CA 44 are within the blue outlined area:


Shire Council


Surrounds

The Newhaven Wetlands cover an area of 42.8 hectares in Crown Allotment 43A and

Crown Allotment 44 an area of 5.7 hectares.

Given the substantial area which the wetlands cover, a number of large developments

and lots abut the subject site. These include the Newhaven Caravan Park, Island

Accommodation and the Newhaven Tourism Information Centre. The Zoning of the

subject site and the surrounds is as per the below map:

The Newhaven Caravan Park is situated with the Public Conservation and Resource

Zone and abuts Old Bridge Drive, as per the maps on this and the previous page. The

Caravan Park is on low lying land with areas at 2.0 and 2.5 metres AHD where the site

borders the Newhaven Wetlands area.

Notice

Notice of the Application was required pursuant to Section 52 of the Planning and

Environment Act 1987 as it was deemed that the proposal may cause material

detriment to person and property. The planning permit applicant was instructed by

Council to give Notice by:

Placement of a sign on the Cleeland Road frontage; and

Sending a Notice Letter to 68 surrounding landowners and previous

objectors.

Submissions

In response to the public notification process, 2 submissions of objection were

received by Council. The grounds of objection are summarised as follows:

Inundation to areas of Newhaven Caravan Park have been experienced over

the last few years.

Consider the problem could be increased by the discharge of stormwater

created by the new residential subdivisions in the wetlands catchment area.

No contingency plan in the wetlands to cope with inundation.


Shire Council


Request that any permit issued includes a remedial strategy in event of

inundation into Newhaven Caravan Park.

Some form of filtering or screen is required to ensure stormwater that is

discharged into the wetlands is free of contaminants.

Removal of native vegetation.

Use of land by the developer for a private gain.

Believe that an adequate facility should be provided within the subdivision for

the capture of stormwater, including from extreme events.

Referrals

The application required referral to DELWP under Section 55 of the Planning

and Environment Act 1987. DELWP responded on 16 May, 2016 and included

the following comment:

‘The information provided with the application has adequately described the risk and

biodiversity values associated with the proposed native vegetation removal’.

Therefore DELWP has consented to the proposed utility works and vegetation

removal subject to conditions and notes being appended to a permit.

Phillip Island Nature Parks were referred to under Section 52 of the Planning and Environment Act 1987, but have failed to respond.

Westernport Water were referred to under Section 55 of the Planning and

Environment Act 1987 and have not objected to a permit been issued, noting

that services have been provided satisfactorily to the land.

Internal Referrals

Asset Management – No objections subject to permit conditions, including details of civil construction plans and requirements for the future maintenance

of the asset.

Environment - No objections subject to permit conditions in regards to

securing the required vegetation offsets and the need for detailed cross

sections of planting and planting schedules in the proposed drainage swale.

Relevant Strategies

State Planning Policy Framework

Clause 11.05-5 Coastal Settlement

Strategies:

‘Ensure a sustainable water supply, stormwater and sewerage treatment for all

development.

Minimise the quantity and enhance the quality of storm water discharge from new

development into the ocean, bays and estuaries’.


Shire Council


Clause 12.01-1 –Protection of Biodiversity

Strategies:

‘Avoids and minimises significant impacts, including cumulative impacts, of land use

and development on Victoria’s biodiversity.

Considers impacts of any change in land-use or development that may affect the

biodiversity value of adjoining national parks and conservation reserves or nationally

and internationally significant sites including wetlands and wetland wildlife habitat

designated under the Convention on Wetlands of International Importance (the

Ramsar Convention), and sites utilised by species designated under the Japan-

Australia Migratory Birds Agreement (JAMBA) or the China-Australia Migratory Birds

Agreement (CAMBA)’.

Clause 12.02 – Protection of Coastal Areas

Strategies:

‘Ensure development is sensitively sited and designed and respects the character of

coastal settlements.

Encourage revegetation of cleared land abutting coastal reserves.

Maintain the natural drainage patterns, water quality and biodiversity within and

adjacent to coastal estuaries, wetlands and waterways.

Avoid disturbance of coastal acid sulfate soils.

Protect cultural heritage places, including Aboriginal places, archaeological sites and

historic shipwrecks’.

Clause 19 – Infrastructure: Water Supply, Sewerage and Drainage

Strategies:

Plan urban stormwater drainage systems to:

o ‘Coordinate with adjacent municipalities and take into account the catchment

context.

o Include measures to reduce peak flows and assist screening, filtering and

treatment of storm water, to enhance flood protection and minimise impacts on

water quality in receiving waters’.

Council Policy

Local Planning Policy Framework

Clause 21.03 Key Issues

Planning must prevent the further decline and fragmentation of indigenous vegetation

as well as balance the competing interests of protecting existing habitat and

development pressures.

The Vision recognises the need for an extensive network of natural bush land

reserves, wildlife corridors and vegetation areas both on public and private land and

development responding to the environment, character and coastal setting.


Shire Council


Clause 21.04- Environment

Objectives:

‘To identify and protect good quality vegetation stands throughout the Shire by

encouraging the planting of native and indigenous vegetation, encouraging the removal of

exotics and weeks, encouraging development design that retain vegetation and incorporate

revegetation on properties.

Improve water quality by better management of urban stormwater inflows.

To protect waterways, wetlands and floodplain areas of environmental significance; protect

life, health, safety and community well being from flood hazard and to minimise the

impact of flooding on the community’.

Clause 21.09-5 Low Growth Settlements - Cape Woolamai

Environment Objective:

‘Ensuring the interface of residential development with the State faunal reserves and

shearwaters rookeries are sensitive to the environmental significance of these areas. This is

best achieved with screening of indigenous vegetation. Using planting and wildlife corridors

as a buffer between the rural land and residential development; and

Make provision for pedestrian and cycle trails in accordance with the Cape Woolamai

Parks and Trails Plan (includes Cleeland Road)’

Clause 22.01 – Stormwater Management Policy

Council’s Municipal Strategic Statement identifies stormwater drainage as a concern in

urban areas where there is inadequate street drainage infrastructure.

Consequently, this inadequacy impacts on stormwater quality, which, in turn, affects

coastal and inland waterways and flora and fauna habitats. The need for upgraded

drainage networks and road infrastructure works is emphasised as a means to

improve stormwater quality and reduce sediment and nutrient loads to local

waterways. The incorporation of urban stormwater quality management into future

urban developments is also recommended.

Objectives:

‘To incorporate stormwater management considerations in the decision-making for the use

and development of land.

To maintain and enhance stormwater quality introduced to the drainage and waterway

environment of the Shire.

To address priority stormwater threats facing the urban and non-urban areas of the Shire

as documented in the Bass Coast Stormwater Management Plan (2003).

To promote and improve the contribution the drainage system makes in upholding and

where possible improving the values of the waterways across the Shire.


Shire Council


To maintain stormwater flows and discharges at a maximum of the pre-development flow

level.

To maximise the effectiveness of stormwater infrastructure in protecting the waters of

Bass Coast Shire.

To manage flooding and drainage so as to minimise risks to the community and the

environment’.

Planning Scheme Requirements

Zone

The subject property is zoned Public Conservation and Resource Zone under the

Bass Coast Planning Scheme.

A purpose of the zone is:

‘To protect and conserve the natural environment and natural processes for their historic,

scientific, landscape, habitat or cultural values’.

The application seeks consent for the use and development of a utility installation, as

the application does not meet the following requirements:

‘A use conducted by or on behalf of a public land manager or Parks Victoria under the

relevant provisions of the Local Government Act 1989, the Reference Areas Act 1978, the

National Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forest Act

1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988, the Port of

Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978’.

Overlays

Clause 44.02 – Vegetation Protection Overlay

The Cleeland Road Reserve area is within a Vegetation Protection Overlay Schedule 2.

The Newhaven Wetlands area is outside of this overlay.

The purpose of the Overlay is to protect vegetation on Phillip Island, particularly

native and indigenous species.

A permit is required to remove, destroy or lop any tree or shrub with a girth greater

than 30 centimetres (when measured 30 centimetres above ground level) or a height

of at least two metres. It is noted that the vegetation exceeds this requirement.

Clause 44.06- Bushfire Management Overlay

This overlay only applies to Newhaven Wetlands and no permit is required under this

overlay for buildings and works or the use of the land for a utility installation.

Clause 52.17 Native Vegetation

Pursuant to Clause 52.17 (Native Vegetation), a planning permit is required to remove,

destroy or lop native vegetation, including dead vegetation.

Coastal Management Act 1995

The Act requires the developer to gain consent under the Coastal Management Act before a planning permit can be approved.


Shire Council


Amendment C82 Land Subject to Inundation Overlay

The area of the proposed drainage works is not within the identified areas for the

future land subject to Inundation Overlay. Refer to attachment AT-5 for details the Impact on the Surrounding Area and shows the only areas that will be subject to this

future overlay. As such the area of works and the wetlands basin itself are not part of

the affected areas in this overlay.

Cultural Heritage Management Plan

A CHMP has been prepared and approved by Aboriginal Affairs Victoria, as such the

requirements under the Cultural Heritage Act are considered to be satisfied.

Drainage Outfall – Why Required

The drainage outfall is the legal point of discharge for the subdivision; it does not

alleviate the need for the developer to undertake stormwater drainage and

retardation within the subdivision site. Therefore only clean water would be

discharged to any proposed drainage outfall. The proposed drainage outfall involves

the following onsite and offsite processes:

Onsite:

Piped drainage from the development (5 year) is directed to a Gross Pollutant

Trap;

3 month flows enter a bio-retention basin to remove nutrients; and

Flows up to 5 year bypass this process as they are usually less affected by

pollutants, the water is cleaner.

Offsite:

Flows re-converge and discharge via the outfall pipe to the basin;

The swale is required to daylight pipe from underground to allow water to

disperse at the surface. This swale, therefore does not function as a bio

retention or a retarding basin.

Flows greater than 5 year flow overland to the proposed outfall.

The analysis of all other options has rendered these to be unacceptable, unviable or

would have a more detrimental impact for the environment. The Newhaven Wetlands

outfall as proposed is also supported by DELWP and Council’s Environment

Department.

Impact on Newhaven Wetlands

The applicants’ proposal included a report (attachment AT-5) from Beveridge Williams

which demonstrated the impact of the outfall on the wetlands and the properties in

the surrounding areas. The applicant predicts the change in water levels within the

Newhaven Wetland Area will be a maximum of 3cm.


Shire Council


The impact on the Newhaven Wetlands has been peer reviewed as part of the

previous application proposal. Cardno Consultants undertook the review on behalf of

Council. Cardno’s analysis showed that should drainage outfall be directed to the Newhaven Wetlands then this would increase water levels. The review noted that a

drainage outfall in the Newhaven Wetlands could not have a zero impact on water

volumes in that area:

‘In order to have no impact on the wetlands, the volume of water draining to the wetlands

from the development should remain unchanged. As the wetlands are a volume driven

system, simply slowing the flows down in a retarding basin will not reduce the impact on

the wetlands. The additional water generated by the development must be directed to an

alternate location, either to an alternate outfall location or via a reuse scheme’.

In terms of an outfall level into the Newhaven Wetlands, Councils Environment

Department has also been referred to and have not raised objections subject to

permit conditions. It is considered that a 3cm rise in water levels at peak times is a

minimal amount of additional water and is therefore considered to be acceptable.

Suitability of Proposed Outfall to Newhaven Wetlands

The subdivision must be provided with an outfall or legal point of discharge. The most

recent review of the Wetlands was undertaken as part of the Phillip Island Nature

Parks Environment Plan 2012-2017 (Sub Area F5 - Newhaven Wetland). One of the

issues identified in the report was the “effects of lack of water inputs and water quality

and quantity”. Whilst the water levels required are not quantified, it would appear that

the Wetlands area needs additional water of suitable quality to sustain the natural flora

and fauna.

The Wetlands area is also suitable for a number of other reasons such as:

Proximity to the Woolamai House subdivision site; the wetland is only 50

metres to the north of the site and already takes pre-development water flows

from the site due to the natural contour levels.

Best Practice Water Quality Treatments can be met in the proposed swale.

Flows would be managed by a subsurface pipe which connects Stage 2 of the Woolamai House subdivision to the outfall swale.

Having considered other options, the Wetlands as proposed is considered to be the

most suitable, when considering Councils previous decision to recommend refusal for

a coastal outfall, other options as detailed below are not viable:

Existing Outfall – Adjacent to Cape Vista Drive

Other options which were found to not be suitable included the existing outfall in the

southernmost part of the development. This option was dismissed as it would have

required a Council maintained pump system to constantly operate and direct water

uphill. Furthermore the level of vegetation removal from the sand dunes would have

considerably exceeded the amount proposed to be removed when compared to the

proposed Newhaven Wetlands outfall.


Shire Council


Fishers Wetlands

The Fishers Wetland area to the north west of the site was also considered, however,

this required a deep bored pipe (approximately 9.0 metres) under the Phillip Island Road, which would most likely require road closure. Water would need to be pumped

over 900 metres and under the roadway, requiring a pumping station. Councils

Engineers reviewed this option and considered the pumping station would present

considerable design difficulties due to the extent, length and depth of the pipe

required. This option if explored further could have impacts on the surrounds and the

Ramsar wetland area; therefore due to the design impracticalities and likely impacts

this option was not considered by any parties to be viable.

Impact on Native Vegetation

The proposed pipe jacking of the drainage outfall enables the applicant to retain

vegetation on the site. Other methods such as trenching would result in increased

native vegetation losses. The ecology report from Ecology and Heritage Partners

(attachment AT-6) that was provided with the application considered that the methods

indicated would minimise vegetation losses.

Clause 12.01-1 – Protection of Biodiversity states the need to ‘avoid and minimise

significant impacts, including cumulative impacts, of land use and development on Victoria’s

biodiversity’. The application would lead to minimal vegetation loss, with the area lost

being 0.022 hectares (a reduction from the previously applied for coastal outfall which

would have meant the loss of 0.071 hectares of vegetation). Should a permit be

issued, the applicant would need to obtain an offset from either Council or a

Bushbroker scheme to compensate for vegetation losses. Councils Environment

Department has confirmed the availability of the offset in Bass Coast.

Due to the requirement for Coastal Management Act consent to be obtained prior to

the potential issue of a planning permit, DELWP has assessed the proposed vegetation

removal from the subject site. Clause 21.07 requires management and protection of

sensitive areas. The proposed outfall area is a sensitive location and in order to

consider approval of the application Council must be assured that impact will be

minimised to an acceptable level now and in the future.

The proposed outfall location has been carefully considered, with expert Ecological

and Acid Sulphate soils reports provided. The location has been considered to be

acceptable by both DELWP and Council’s Environment Department. Once the outfall system is completed, its longer-term maintenance will be the responsibility of Councils

Engineering Department. It is considered that all reasonable attempts have been made

to minimise impact from the outfall. Additionally, the increased water levels in the

Wetlands area is an identified objective for Phillip Island Nature Parks and this may

assist in the ability of flora growth in the wetlands area.

Impact on Surrounding Area

The Impact on Flood Levels report provided by Beveridge Williams (attachment AT-5)

has adequately shown the impact in terms of additional water in the Newhaven

Wetlands will not be significant, a 3cm rise when peak events occur, is considered to

be slight.

In terms of impacts the most likely affected area is the Newhaven Caravan Park, which

is located on a low lying area to the east of the Wetlands. It is already known that the

Newhaven Caravan Park area suffers from inundation and flooding at times of peak

storm events.


Shire Council


The Newhaven Caravan Park land is low lying with areas at 2.0 AHD and is a natural

area for water to flow from the Wetlands. Whilst an increase will have some impact in

terms of additional water in the wetlands system this is not considered to be substantial (only 3cm additional levels at 90th percentile – peak storm events) and will

not prevent nor result in additional inundation of areas within the Newhaven Caravan

Park, which already occurs.

The area of the Newhaven Caravan Park is not identified as a substantial risk area in

terms of the adopted Land Subject to Inundation Overlay (Amendment C82). The

Planning Scheme Amendment which is a seriously entertained document, allows for a

80cm sea level rise by 2100. Based on the projections, the Newhaven Wetlands Area

is not likely to experience significant water level changes over the next 80 years.

The map below indicates in blue the areas of land to be inundated in the future as per

the Land Subject to Inundation Overlay mapping.

Objector Concern

Inundation to areas of Newhaven Caravan Park has been experienced over

the last few years. Consider the problem could be increased by the discharge

of stormwater created by the new residential subdivisions in the wetlands

catchment area.

It is acknowledged that due to the natural land contours the Newhaven Caravan Park

already experiences some inundation. The proposal would add 3cm to water levels

from the outfall at peak events. The adopted and emerging policy guidance does not

raise concerns in regards to additional inundation in this area.

It is apparent the works are needed to raise building levels in the Newhaven Caravan

Park; however, this is required whether or not the outfall is allowed. Having

considered all options, a maximum 3cm water level rise at peak events is considered

to be minimal and therefore acceptable.

No contingency plan in the wetlands to cope with inundation.

The purpose of a wetland system is to hold water, and as such the proposal to allow

an outfall to discharge to this area is in keeping with purpose for what the area is

proposed.


Shire Council


Request that any permit issued such include a remedial strategy in event of

inundation into the caravan park.

The Newhaven Caravan Park has existing issues from inundation, it is not considered

to be reasonable to ask the developer to resolve an existing issue. As mentioned, a

maximum 3cm increase in water levels is considered to be relatively minimal.

Some form of filtering or screen is required to ensure stormwater that is

discharged into the wetlands is free of contaminants.

The application includes a report prepared by Water Technologies (attachment AT-4),

which indicates a number of measures to be used to insure water when reaches the

Newhaven Wetlands is treated to acceptable levels.

Removal of native vegetation.

Is considered to be minimised, the developer is able to purchase necessary offsets.

Furthermore, additional water in the wetlands area is identified in the Phillip Island

Nature Parks Environment Plan 2012-2017 as being required to sustain flora in the

Wetlands Area.

Use of land by the developer for a private gain.

Permit 100501 allows for the provisions of an offsite drainage discharge point. Outfall

locations outside of development areas occur throughout the Shire, the developer

must pay to establish the outfall and compensate for any trees to be removed.

Believe that an adequate facility should be provided within the subdivision

for the capture of stormwater, including from extreme events.

Stormwater will be managed within the Woolamai House subdivision; however, despite

this an outfall is still required.

Conclusion

The application proposes a suitable response for required drainage outfall from the

Woolamai House development. Extensive discussions involving DELWP and Councils

internal departments have led to the proposed solution being put forward. Consent

has been obtained under the Coastal Management Act from DELWP.

The proposal is consistent with the relevant provisions of the Bass Coast Planning

Scheme and would result in less native vegetation losses than the previously

considered coastal outfall option. It is on this basis that it is recommended that the

application be supported.


Shire Council


Recommendation

That in relation to planning permit application 160038 for utility

installation and removal of native vegetation located at CA 43A and CA 44 Newhaven Wetlands, Newhaven, Council resolves to issue a Notice of

Decision to Grant a Permit subject to the following conditions:

1. Prior to the commencement of works for the drainage outfall a

detailed cross section of the outfall must be provided to show

planting and a planting schedule. The document must be provided to

the satisfaction of the Responsible Authority and will be endorsed to

form part of the permit.

Once approved, the use and development as shown on the endorsed

plans must not be altered unless with the prior written consent of the

Responsible Authority.

Asset Management Conditions

2. Before the subdivision works commence, detailed civil construction

plans must be prepared to the satisfaction of the Responsible

Authority for endorsement by the Responsible Authority. All

construction plans submitted for approval must be consistent with

this permit and must conform with the requirements of all relevant

servicing and road authorities, and in particular water, sewerage,

drainage, telephone, gas and power authorities and Council. The

plans must be drawn to scale with dimensions and three copies

must be provided. The plans must show:

(a) Drainage of the subject land to the satisfaction of the


(i) Compliance with the Best Practice Environmental

Management Guidelines for Urban Stormwater and Bass

Coast Shire Stormwater Management Plan (2003), and

any quality treatments proposed in accordance with

these Guidelines.

(ii) A suitable overflow system must be provided to cater for

rarer storm events up to and including a 100 year ARI event including construction of a suitable outfall with

underbored pipes, maintenance access track and

dissipation structure, etc.

All works must be constructed or carried out in accordance with

those plans.

3. An amended plan of subdivision must be submitted to the satisfaction

of the Responsible Authority. The plans must show:

(a) Drainage easements and asset ownership requirements in

accordance with the endorsed drainage design plans required

by conditions of this permit including the protection of and

future maintenance requirements for any drainage retardation

system control pits and drainage infrastructure.


Shire Council


4. Prior to the certification of the Plan of Subdivision related to permit

100501 and / or before the commencement of the use hereby

approved including any works associated with the subdivision, a Maintenance agreement shall be entered into with the land manager

enabling maintenance vehicle access and granting acceptance of these

works on Public Land as Council assets.

5. Vehicle, pedestrian access and drainage to serve the subject land


satisfaction of the Responsible Authority.

6. Before the works commence, a Construction Management Plan

(CMP) must be prepared to the satisfaction of the Responsible

Authority for endorsement by the Responsible Authority. The plan

must address, but not be limited to following:

(a) All vehicles movements involved in construction works for the


undertaken from the access roads to be located via the

Drainage Reserve land and internal road network in the

Woolamai House subdivision and across Cleeland Road, unless

further permission is given in writing by the Responsible

Authority.

(b) A truck wheel-wash must be installed and used or a similar


deposit mud or other materials on roadways.

(c) Provisions to ensure supervision of the works as required by the

Responsible Authority by a qualified archaeologist and an

appropriate representative of the Aboriginal community, in

accordance with the CMP.

(d) Landscaping, re-vegetation and construction works carried out


environmental qualifications.

(e) Hours of construction work. The CMP must provide that such

hours are to be 7.00am to 6.00pm Monday to Friday and 7.00am to 1.00pm Saturday, with no construction on Sunday or

public holidays. The CMP must provide that the hours of

construction from Monday to Saturday (inclusive) may be

extended with the consent of the Responsible Authority

provided all adjoining residents are notified prior to the

extended hours of construction. All deliveries, unloading and

collection of materials associated with the construction phase

of the development must occur within the hours of


by the Responsible Authority.

(f) Location of the construction workers compound. The

compound must be located on the Woolamai House subdivision

land remote from any neighbouring residence to minimise

amenity impacts. The compound must be used for the storage


Shire Council


of building materials, parking for construction workers and as

the location for the site offices and amenities.

(g) Management of all building and construction waste, including any measures to recycle materials generated during

construction.

(h) Procedures to protect adjacent land uses during the

construction of the development.

(i) Locations of cut and fill stockpiles.

(j) The gravel and any other approved soil-derived material used in


guaranteed Phytophthora free.

(k) The requirements of all servicing authorities and in particular


authorities. The details of any servicing requirements affecting

the subject land shall be included, such as power kiosks, pumps

or other upgrading required.

(l) A liaison officer for contact by residents and the Responsible


experienced.

(m) Timing of bulk earth works. The CMP must detail

conditions that will cause bulk earth works to be suspended

(for example, after significant and prolonged rain event).

(n) Actions to be taken to prevent the discharge of dust, sediment




frequency of clean up procedures in the event of build-up of

matter within and outside of the site.

(o) Reporting requirements to demonstrate compliance with the

following:

EPA guidelines for Major Construction Sites and Techniques for Sediment Pollution Control and other

provisions of the approved EMP;

Best Practice Environmental Management Guidelines for

Urban Stormwater;

Environmental Guidelines for Urban Stormwater (EPA

Publication No. 480, December 1995);

Construction Techniques for Sediment Pollution Control

(EPA Publication No. 275, May 1991).

The Construction Management Plan, once endorsed, will form

part of the permit. All works constructed or carried out must

be in accordance with the approved Construction Management

Plan. All care must be taken to minimise the effect of

construction activity on the amenity of the surrounding


Shire Council


neighbourhood. Once endorsed the Construction Management

Plan must not be altered except with the written consent of

the Responsible Authority.

7. Prior to the issue of a Statement of Compliance for the connected

stages of the subdivision hereby approved and / or the

commencement of the use hereby approved, all public works

required by this permit must be completed to the satisfaction of the

Responsible Authority unless further consent is given in writing by the

Responsible Authority.

8. Any redundant infrastructure shall be removed and the construction

site and area reinstated to the satisfaction of the Responsible

Authority including walking track pavement works, etc.

9. The applicant must provide to the Responsible Authority the “as-

constructed” transparencies and digital electronic copies of the

construction plans. The plans must show any alternations made

during construction.

10. Prior to the issue of a Statement of Compliance for the subdivision,

the following “as built” drawings and information are required to be

submitted to Council by the developer/consultant:

(a) Copies of the “As-Constructed” engineering roads and

drainage drawings in the following format: one (1x) A1 film,

PDF images of ‘as-constructed’ plans and one (1x) DXF file

(recent version) including attribution, at 1:1 scale, on MGA

zone 55 Grid Co-ordinates, stored on compact disk(s); and

(b) “As-Constructed measurements” of the works as digital data

for the drainage information component of the subdivision, in

accordance with the current version of D-SPEC. The preferred

format is:

(i) MapInfo Native Format (Refer to D-SPEC for further

information) – Mapinfo Tab file or Mif/Mid;

(ii) Horizontal Datum - GDA94 on MGA94 Zone 55 Grid

Co-ordinates;

(iii) Vertical Datum - AHD;

(iv) Referenced to existing PSM Survey marks where

available, or alternatively a statement of accuracy

describing how co-ordinates where derived.

11. Access to the site shall only be at the nominated crossing shown on

the endorsed plan. The crossing and road pavement works are to be

constructed to the satisfaction of the Responsible Authority.





provider.


Shire Council


13. The subdivision must be managed (during construction) so that the

amenity of the area is not detrimentally affected through the:

(a) Transport of materials, goods or commodities to or from the land;

(b) Appearance of any building, works or materials;

(c) Emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour, steam, soot, ash, litter, dust, waste water, waste

products, grit or oil; and

(d) Presence of vermin or animals.

14. No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter,

chemicals, sediments, gross pollutants, animal waste or domestic

waste shall be washed into, allowed to enter or discharged to the

stormwater drainage system, receiving waters or surrounding land

and road reserves, during the construction works hereby approved to

the satisfaction of the Responsible Authority.

DELWP Conditions

15. To offset the permitted removal of 0.022 hectares of native

vegetation with a strategic biodiversity score of 0.963, the permit

holder must provide a native vegetation offset that complies with the

requirements in permitted clearing of native vegetation – Biodiversity

assessment guidelines (DEPI 2013) and Native vegetation gain scoring

manual (DEPI 2013).

16. The compliant offset must:

(a) Contribute gain of 0.021 general biodiversity equivalence units;

(b) Be located within the West Gippsland Catchment Management

Authority or Bass Coast Council areas; and

(c) Have a strategic biodiversity score of at least 0.770

17. Before any native vegetation removal approved under this permit

starts, evidence that the required offset has been secured must be

provided to the satisfaction of the Responsible Authority. Offset

evidence must be:

(a) A security agreement for the required offset site(s) that

complies with the Permitted clearing of native vegetation - Biodiversity Assessment guidelines (DEPl 2013), including a 10

year offset management plan that has been endorsed by the

Responsible Authority; and/or

(b) A Credit Register extract from the Native Vegetation Credit

Register.

A copy of the offset evidence provided will then be endorsed by the

Responsible Authority and form part of this permit.

18. Within 30 days of endorsement of the offset evidence by the

Responsible Authority, a copy of the endorsed offset evidence must

be provided to the Regional Planning and Approvals at the Traralgon

office of the Department of Environment, Land, Water and Planning.


Shire Council


19. Where offsets are not secured on the Native Vegetation Credit

Register, annual monitoring and reporting is required. Details of annual monitoring and reporting must be included in the endorsed

offset plan, and must comply with the requirements of Permitted

clearing of native Vegetation – First party general offset kit (DEPI

2014), or to the satisfaction of the Department of Environment, Land,

Water and Planning. Annual offset reports must be provided to the

responsible authority by the anniversary date of the execution of the

offset security agreement, for a period of ten consecutive years.

After the 10th year, the landowner must provide a report at the

reasonable request of a statutory authority.

Amenity Conditions

20. Prior to any works commencing an Environmental Management Plan,

including detail of how native vegetation to be retained will be

protected must be submitted to and endorsed by the Responsible

Authority. All works must be in accordance with the endorsed

Environmental Management Plan, unless otherwise agreed in writing

by the Responsible Authority.

21. All works permitted by this permit are to be managed to ensure that

the amenity of the area is not detrimentally affected in any way

(including through the emission of sawdust and/or the removal of

vegetation from the land) to the satisfaction of the Responsible

Authority.

22. All disturbed surfaces on the land resulting from the drainage outfall

construction as authorised by this permit must be reinstated to

condition that existed prior to, or better than, the use and

development to the satisfaction of the Responsible Authority.

Permit Expiry

23. The permit will expire if the works hereby permitted are not

completed within 36 months of the date specified on this permit. The

Responsible Authority may extend the period referred to if a request

is made in writing before the permit expires, or within six months afterwards.

DELWP – Permit Notes

Before any works on public land start, a permit to take protected flora

under the Flora and Fauna Guarantee (FFG) Act 1988 will be required.

To obtain an FFG permit, please contact Healthy Landscapes at the

Department of Environment, Land, Water and Planning's Traralgon

office, telephone (03) 5172 2111.

Within the area of native vegetation to be retained and any tree protection zone associated with the permitted use and/or

development, the following is prohibited:

(a) Any vehicle or pedestrian access, trenching or soil excavation,

and


Shire Council


(b) Storage or dumping of any soils, materials, equipment, vehicles,

machinery or waste products, and

(c) Entry or exit pits for underground services, and

(d) Any other actions or activities that may result in adverse

impacts to retained vegetation.

Before works start, the permit holder must advise all persons

undertaking the vegetation removal/works of all relevant permit

conditions and associated statutory requirements or approvals.

Attachments

AT-1 Locality Plan 1 Page

AT-2 Drainage Outfall Plans 4 Pages

AT-3 Planning Report 15 Pages

AT-4 Stormwater Discharge Report 21 Pages

AT-5 Impact of Water Levels Report 8 Pages

AT-6 Ecology Report 10 Pages

AT-7 CONFIDENTIAL - Submissions 2 Pages

Council Decision

Moved: Cr. Phil Wright / Seconded: Cr. Neil Rankine

That the recommendation be adopted.

CARRIED UNANIMOUSLY


Shire Council


H.3 Cape Woolamai Coastal Reserve Master Plan

File No: CM16/433

Department: Sustainable Development and Growth

Council Plan Strategic Objective: Natural Environment

Our unique natural environment is

protected, maintained and enhanced

for the enjoyment of all.

Declaration


Summary

This purpose of this report is for Council to consider endorsing the Cape Woolamai

Coastal Reserve Master Plan.

The Cape Woolamai Coastal Reserve Master Plan was developed by Phillip Island

Nature Parks, in partnership with Council and the Department Environment, Land,

Water and Planning (DELWP). The aim of the Master Plan is to address challenges

including:

Protection the natural and cultural values of the Reserves in the face of continued and growing use of the area;

Management the Reserves in the face of dynamic coastal change;

Resolving access, traffic and parking issues at peak times as while addressing

safety concerns for pedestrians and cyclists throughout the year; and

Enhancing the experience of the Reserves for visitors and locals through the

provision of new or improved infrastructure.

The plan has undergone several drafts and community consultation input to be

finalised.

Background

Cape Woolamai is a significant destination for local residents and visitors to Phillip

Island for surfing, bush walking, swimming and other recreational activities. It is also

the site for Phillip Islands only Surf Life Saving Club and is one of three patrolled

beaches during the summer season.

There are many challenges throughout the Cape Woolamai coastal reserves which

include, but are not limited to, beach capacity, parking constraints, beach access

throughout the dynamic coastline and sand inundation to high infrastructure areas.

The Cape Woolamai coastal reserves are managed by three organisations; the Phillip

Island Nature Parks, the Bass Coast Shire Council and the Department of

Environment Land Water and Planning (DELWP). The Phillip Island Nature Parks and

the Bass Coast Shire Council are working together in preparing the Cape Woolamai

Coastal Reserves Masterplan and DELWP was a key stakeholder throughout the

consultation.


Shire Council


There were two informative strategic documents developed over the last 18 months;

the South and North Coast Key Area Plan, October 2014, and the Phillip Island

Nature Parks Coastal Processes Study, November 2014. Both of these strategic documents generated significant community interest.

The North and South Coast Key Area Plan, October 2014 (the KAP) is a high level

strategic framework looking at the long-term management of public land along the

northern and southern coastlines of Phillip Island.

The KAP is a significant step towards Phillip Island Nature Parks’ vision of making

Phillip Island a world-recognised place of conservation significance and to achieving its

aspirations for the future. The Cape Woolamai Master Plan is an identified project

within the KAP, and is designed to address the challenges facing Cape Woolamai’s

coastal reserves.

Opportunities also exist through this master plan to create greater linkages with

townships and develop walking trails to other coastal areas. Significant consideration

has been given to each of these issues throughout the master plan process.

The following outcomes are anticipated from this project:

The master plan is developed to the conceptual design phase with quantity

surveyed costs for each component of the plan.

The master plan is feasibility tested to ensure that conceptual designs are fit for purposes and are based on sound engineering.

The master plan is consulted and generally supported by the local community and

special interest groups.

Strategic Basis

Council Plan 2013-2017:

Natural Environment: Strategies

Facilitate appreciation of our unique natural environment through sustainable public access.

Develop community partnerships that promote environmental awareness.

Sustainable Development and Growth: Strategies

Provide infrastructure and facilities that are well managed, environmentally sustainable and suitable for the community’s needs.

Healthy Communities: Strategies

Improve the opportunity to enjoy our recreational and open spaces.

Facilitate support services that create safe and connected communities.

Provide opportunities for involvement in a range of lifestyle and learning

activities for groups and individuals.

Economic Development: Strategies

Promote Bass Coast as an all year unique tourism and events destination.

Council Plan Principles:


Shire Council


The social, environmental and economic priorities of the Shire benefit both current

and future generations.

The intrinsic value of biodiversity and the protection of the natural eco systems

will be recognised.

Finances

Council contributed $15,000 to the development of the Cape Woolamai Master Plan

from the 2015/16 Budget.

Where actions within the Cape Woolamai Master Plan identify Council as the

responsible land manager, financial resourcing will be determined through future

budgets and Council’s Capital Investment Framework.

Stakeholders

Bass Coast Shire community

Phillip Island Nature Parks

Department Environment, Land, Water and Planning

Statutory Requirements/Codes/Standards/Policies

Crown Land (Reserves) Act 1978

Coastal Management Act 1995

Road Management Act 2004

Planning and Environment Act 1987

Aboriginal Heritage Act 2006

Bass Coast Planning Scheme

Infrastructure Codes and Practices

Other Options

Council may endorse the Cape Woolamai Coastal Reserve Master Plan. This project

assists both Council and Phillip Island Nature Parks to achieve their respective

adopted visons and strategic direction. Council and Phillip Island Nature Parks meet

frequently at several levels to discuss strategic issues and operational matters in a

partnership approach in the spirit of the Memorandum of Understanding (2014)

signed between both organisations. This project has been undertaken in the spirt of

the Memorandum of Understanding (2014).

Council may choose not to endorse the Cape Woolamai Coastal Reserve Master

Plan. The plan will most likely be adopted by the Phillip Island Nature Parks Board

and demonstrates a commitment to the community to sustainable environmental

outcomes and good governance.


Shire Council


Officer’s Conclusion and Recommendation

Phillip Island Nature Parks in partnership with the Bass Coast Shire Council

commenced the development of a Master Plan for the Cape Woolamai coastal reserve area from the Cape to Veterans Drive in February, 2016. A number of open

community consultation sessions and key stakeholder meetings were conducted.

Actions from the South and North Coast Key Area Plan 2014 and the Coastal

Processes Study 2014 as well as input from the local community and key stakeholders

have been considered in the development of the plan.

Following the initial stage of consultation, the Draft Summary Report: Cape Woolamai

Coastal Reserves Master Plan, was developed. This plan was advertised and exhibited

for public consultation between 15 May and 19 June, 2016. Further consultation

sessions were conducted during this period including focus group meetings,

community drop-in sessions and site walk and talks.

Community submissions on the Draft Summary Report: Cape Woolamai Coastal

Reserves Master Plan and the Draft Cape Woolamai Coastal Reserves Master Plan

were assessed and the plan was amended to the final Summary Report: Cape

Woolamai Coastal Reserves Master Plan (refer to AT-1). A summary of the main

proposals are provided below for each precinct.

The Colonnades – Aussie Track

Proposals include:

Development of a new formalised public car park located further inland from

the existing car park.

Closure and revegetation of the existing car park and sections road which feed

the existing car park.

Improvements to the existing beach access walkway, including widening and

expansion of the existing lookout deck.

Establishment of a new walkway from the proposed car park east to Aussie Steps (~260m) to reduce parking pressure in Beresford Drive and use of the

existing track (~230m).

During recent consultation, objection to the proposed new formalised car park was

raised by some people, including owners of property abutting the proposed car park

and other nearby landholders. In response Phillip Island Nature Parks commenced

further consultation with these people in an attempt to reach an agreed outcome.

It is acknowledged that there may be a minor variation to the siting of The

Colonnades car park as a result of this further community consultation with nearby

property owners.

The proposed new walkway from the proposed car park east to Aussie Steps has

implications for Council as it occurs on Council owned and managed land. Funding

for this walkway will be required through future budgets and Council’s Capital

Investment Framework. Council will also be required to maintain this infrastructure.

Council may also be required to contribute resources to the closure and revegetation

of the sections of road listed above.


Shire Council


The Cranny

Proposals include:

Development of a new roundabout at the intersection of Cape Woolamai Road and The Cranny.

Development of a 3m wide shared path within the footprint of the existing

road pavement.

Provision of a lay-by for safe pick up and drop off on the western side of Woolamai Beach Road north of the roundabout.

Installation of safe crossing points for pedestrians and cyclists to access the

proposed shared path.

Suggestion for the speed to be reduced to the 40 km/hr speed limit by a

reduction in the width of the road pavement, road markings and awareness

signs highlighting the entry to Cape Woolamai Coastal reserves.

The proposed roundabout, a section of the shared pathway, the lay-by area and

safe crossing points all have implications for Council as they are located on

Council-managed Road Reserve. Funding for this infrastructure will be required

through future budgets and Council’s Capital Investment Framework. Council will

also be required to maintain this infrastructure.

Anzacs

Proposals include:

Provision of a new public toilet with two uni-sex all abilities facilities in the

vicinity of the existing toilet.

Development of a new shared path from the north via the Cranny linking to

the car park.

All of the proposed infrastructure in the Anzacs precinct is on land managed by

Phillip Island Nature Parks. Therefore there is no resourcing required from

Council to deliver or maintain this infrastructure.

Woolamai Beach

Proposals include:

A significant redesign of the arrival and parking area. This includes:

o Pick up and drop areas for buses and individual vehicles along the outside perimeter of the car park.

o A new link between the two parking modules to enhance movement

through the site.

o A new surf club entry forecourt.

o Installation of storm water soaks to address current car park flooding

issues.

The proposed infrastructure in the Woolamai Beach precinct is currently on land

managed by Phillip Island Nature Parks. Arrangements will need to be made for the

maintenance of this infrastructure.


Shire Council


Balance of Cape Woolamai Coastal Reserves Land

This relates to the balance of all land not detailed in the aforementioned precincts. It

generally consists of lower use bushland areas. No concept plans have been prepared for this area.

Recommended actions include:

Continue current conservation management and research programs

Install warning signage at the main access points onto the Cape and reminder

signage at known high use/risk.

Monitor and record sand movements at Magic Lands steps and take action to lengthen the stairway if required.

Locations along the cliff tops.

The majority of the recommended actions for Balance of Cape Woolamai Coastal

Reserves Land are on land managed by Phillip Island Nature Parks. There is no

current requirement for Council to deliver or maintain the assets in the

recommendations for this area. One exception is the Council owned parcel of land

located to the south of Beresford Drive (identified as “RES 1” on page 3. of AT-1).

For this parcel of native bushland, resourcing from Council would be required to continue current conservation management programs, such as environmental weed

control. This work is currently conducted through Council’s operational budget.

It is anticipated that the Cape Woolamai Coastal Reserves Master Plan will be

presented to the Phillip Island Nature Parks Board in late August 2016 for adoption

and then released to the public.

Recommendation

That Council:

1. Endorses the draft Cape Woolamai Coastal Reserve Master Plan

and supports the principles within; and

2. Notes that minor changes to the layout and location of the public car park and open space at the Colonnades may occur as a result of

further consultation.

Attachments

AT-1 Cape Woolamai Coastal Reserve Master Plan, 2016 28 Pages

Council Decision

Moved: Cr. Phil Wright / Seconded: Cr. Bradley Drew

That Council defers this item for consideration at its 17 August 2016

Ordinary meeting.

CARRIED UNANIMOUSLY

Cr Drew left the meeting at 6.22pm


Shire Council


H.4 Building Disability Inclusive Businesses and Community Organisations

funding 2016

File No: CM16/426 Department: Healthy Communities

Council Plan Strategic Objective: Healthy Communities

Our community feels connected, safe

and strong.

Declaration


Summary

The Building Disability Inclusive Businesses and Community Organisations funding

program (Program) was introduced across Gippsland in 2013. The aim was to

support business and community organisations to improve access for people with a

disability as customers, members, visitors or employees, through small project funding

allocations.

Funding is provided through the Department of Health and Human Services (DHHS)

Building Inclusive Communities Program (RuralAccess). Bass Coast Shire Council

received an allocation of $5,000 which enables funding of up to $500 for ten

organisations. Eight projects have been approved for $4,000 in funding.

This report is provided for information.

Background

Through the 2013 program, ten business or community organisations in Bass Coast

were funded and considerable positive feedback was received. RuralAccess Gippsland

adopted the program as a regional program in 2014. Funding is allocated from the

DHHS RuralAccess funds of all Gippsland Councils.

The Program was advertised in local papers and widely disseminated through both

community and business networks. Council Officers received nine initial telephone and email enquiries. All of these resulted in formal applications, with seven

applications meeting the funding guidelines, and one approved ‘in principle’ pending

final inspection, see summary of funding (AT-1). One application was not funded as

the project was completed prior to the application assessment process. A total of

$4,000 in RuralAccess funds will be allocated for 2016 across eight projects.

Organisations have six months to implement the improvements/projects.

There are very few programs that provide support for business or groups to improve

access for people with disability. The business community can be difficult to engage

regarding access improvements as changes are often seen as difficult or expensive for

uncertain financial returns. The funding, while generally not covering total project

costs, provides a contribution and incentive to undertake projects. It also encourages

organisations to engage with Council’s RuralAccess staff to discuss issues around

access and improvements in the physical environment.


Shire Council


RuralAccess staff have had the opportunity to discuss not only the projects applied

for but the value of disability awareness training, the importance of visual access,

opportunities for employing people with disability and the value of social inclusion.

Strategic Basis

This Program meets the DHHS Building Inclusive Communities/RuralAccess Program

requirements and is part of the RuralAccess Work Plan approved by DHHS.

It also supports the delivery of the 2011/2015 Disability Action Plan.

Council Plan Principles

The social, environmental and economic priorities of the Shire benefit both

current and future generations.

Finances

The Program is funded through the DHHS RuralAccess budget. A total of $5,000 was

available with $4,000 allocated to eight applications. DHHS has approved the rollover

of unexpended funds which are to be utilised for RuralAccess projects in 2017/2018.

Stakeholders

Key stakeholders for the Program funding include;

The business community in Bass Coast

Community based organisations in Bass Coast

People with disability, their family, friends and carers both residents and visitors

The general community both resident and visitors

Economic Development team

Infrastructure and Asset Management team

Healthy Communities division

Residents of, and visitors to, Bass Coast are the beneficiaries of the funding through

increased access, participation, and inclusion in local businesses activities and

community groups. Council Officers from the Economic Development and

Infrastructure and Asset Management teams are involved in promoting the funds and

providing advice to applicants about capital and business based projects during the

project development phase.

The Program funding, process and timelines for this funding was discussed with the

Access Inclusion and Advisory Committee in February.


Applications submitted are required to meet Australian Standards and comply with

the Building Code of Australia.

Other Options

Nil


Shire Council



Eight projects will receive a total of $4,000 to contribute to work improving access

for people with a disability. Organisations have six months to implement the improvements/projects.

Recommendation

That the Building Disability Inclusive Businesses and Community

Organisations Funding 2016 report be received.

Attachments

AT-

1

Building Disability Inclusive Businesses and Community Organisations -

summary of funding

1

Page

Council Decision

Moved: Cr. Clare Le Serve / Seconded: Cr. Neil Rankine


CARRIED UNANIMOUSLY

Cr Drew returned to the meeting at 6.23pm


Shire Council


H.5 Bass Coast World Surf League Series

File No: CM16/414

Department: Sustainable Development and Growth

Council Plan Strategic Objective: Economic Development

Our economy is supported by diverse,

local and innovative businesses and

employment.

Declaration


Summary

Bass Coast Shire is in an excellent position to take advantage of the economic,

sporting and marketing opportunities surfing has to offer in this state. Bass Coast has

world class surfing venues and while it has a strong affiliation with the sport its true

potential is not being fully realised. Phillip Island has Victoria’s first National Surfing

Reserve and the opportunities it presents could be far better utilised.

The attraction to Phillip Island of a world class surfing event on an annual basis would

go a long way towards lifting the profile of the sport and industry. It will create

opportunities to showcase the abundant local surfing talent that exists in the Shire.

Hosting an international event would also highlight and promote the significance of

the National Surfing Reserve.

This report seeks Council consideration of support for a proposal from Surfing

Victoria for Bass Coast Shire Council to host QS1000 surfing event on Phillip Island

on the weekend preceding Melbourne Cup in November 2017.

Background

The organisation that currently manages surfing events internationally is the World

Surf League (WSL). It runs different standard events around the world ranging from Qualifying Series (QS) 10,000 (top of the scale) to QS 1,000. The QS 10,000 events

attract the highest prizemoney and best quality surfers. Surfing Australia is the

national body for the sport and Surfing Victoria is the state body.

A QS 1000 is the entry level event to the Qualifying Series. For an event with Men,

Women and Junior categories, it costs the host location $40,000 to run the event. A

Victorian event would be put on by the WSL with the support of Surfing Victoria.

The creation of a sustainable QS 1000 event in Bass Coast would require an ongoing

commitment to the project. There will be many things to take into consideration

with the selection of a date being a significant one. It will take time for an event to

become established and take ownership of a date on the annual calendar which is

already well populated.


Shire Council


At its meeting on October 21, 2015 Council resolved that it:

1. Supports the World Surf League event in principle, and authorises Officers to

continue to work with relevant stakeholders to develop a project proposal for the World Surf League event.

2. Agrees in principle to provide up to $40,000 per annum for five years to

secure the World Surf League event

Officers have been in discussions with Surfing Victoria with the view to establish what

would be required to hold a World Qualifying Series event on Phillip Island. Officers

have also investigated the possibility for attracting funding from the State Government

through the Significant Sporting Events Program.

Surfing Victoria has submitted a proposal for Bass Coast Shire Council to host and

partner an event to be known as the Phillip Island Pro QS 1000 (AT-1). This event

would be the final event in the national series of QS 1000 events to be held in

November 2017. While a tentative date of November 16-19, 2017 has been

suggested by Surfing Victoria, Officers have been in discussions with Phillip Island

Business and Tourism Association who support having the event coinciding with the

Melbourne Cup weekend to take advantage of the additional visitors expected in the

region at that time. The current proposal from Surfing Victoria is for men’s and

women’s QS 1000 events and does not include junior categories. Council’s

preference is to host an event which includes junior categories.

Strategic Basis

The social, environmental and economic priorities of the Shire benefit both current and future generations.


will be recognised.

Bass Coast Shire Council Plan 2013 – 2017, Objective 04 Economic Development lists

the following strategy in relation to events:

Promote Bass Coast as an all year unique tourism and events destination.

Bass Coast Shire Council Economic Development Strategy 2016-2021

Attracting new and off peak events and continuing to facilitate to facilitate

community events such as festivals and holiday celebrations

Finances

Should Council take up the offer, the sponsorship amount plus an amount for

operational costs up to $40,000 will need to be allocated in the 2017/18 Budget.

State Government and commercial sponsorship will be sought to help offset those

costs.

Stakeholders

Council

Peak Surfing organisations (Surfing Australia and Surfing Victoria)

World Surf League

Phillip Island Nature Parks


Shire Council


Phillip Island Surfing Reserve

Competitors

Ratepayers & Community

Phillip Island Business and Tourism Association

Destination Phillip Island

Event patrons

Visitors


None applicable.

Other Options

Council could decide to not pursue attracting an event of this scale at Phillip Island or

may seek to be involved with something on a smaller scale.


Discussions with Surfing Victoria have been positive. It is recommended that Council

Officers continue to work with Surfing Victoria to confirm the preferred date and

investigate the implications of including junior categories in the proposal. The

possibility of funding through the Significant Sporting Events Program will be pursued

and commercial sponsorship for the proposal is to be investigated.

Recommendation

1. That Council supports in principle the Phillip Island Pro QS 1000

proposal submitted by Surfing Victoria with the preferred date for the

inaugural event coinciding with Melbourne Cup Day 2017 and, subject to further negotiation with Surfing Victoria, the event includes junior

categories.

2. That Council authorise Officers to continue to work with relevant

stakeholders to finalise a budget up to a maximum of $40,000 in

keeping with the resolution and identify event partners and possible

sponsors.

Attachments

AT-1 PhillipIslandProQS1000 proposal 8 Pages


Shire Council


Council Decision

Moved: Cr. Phil Wright / Seconded: Cr. Neil Rankine

1. That Council supports in principle the Phillip Island Pro QS 1000

proposal submitted by Surfing Victoria with the preferred date for the

inaugural event coinciding with Melbourne Cup Day 2017 and, subject

to further negotiation with Surfing Victoria, the event includes junior

categories.

2. Authorises Officers to continue to work with relevant stakeholders to

finalise a budget up to a maximum of $40,000.

3. Council Invites Phillip Island Boardriders Club to form a Community

Working Group that includes a representative of the Minister for

Tourism, Surfing Victoria, PINP and National Surfing Reserve to work

with Officers to develop a working plan that:

a) Recommends the contest window to ensure that competitors

get best waves for the contest

b) Identifies the most suitable date each year

c) Recommends the level of standard for the contest

d) Identifies sponsors for Officers to approach

e) Recommends associated surfing events within the WSL event

f) Develops concepts of a Festival that involves non water related

activities

CARRIED UNANIMOUSLY


Shire Council


H.6 Road discontinuance and appointment of Council to Committee of

Management: The Glade, Inverloch

File No: CM16/410 Department: Governance and Organisation

Development

Council Plan Strategic Objective: Economic Development

Our economy is supported by diverse,

local and innovative businesses and

employment.

Declaration


Summary

During a review of the future use of infrastructure at The Glade, Inverloch it was

noted various infrastructure including a BBQ Shelter, the Ripple and a free standing

building currently utilised by the South Gippsland Yacht Club were located on

government road reserve. To enable tenure arrangements and management of the

site, the area needed to be reserved for the correct purpose and Council appointed as committee of management.

On 19 August 2015 it was resolved:

That Council;

1. agrees in principal to being appointed the committee of management over the area

that forms part of the Glade Inverloch, including the area where the Ripple and

structures are positioned, currently situated on open government road reserve.

2. will receive a further report once the precise area is determined in order to

commence statutory procedures to formalise the use.

This report confirms that survey plans have now been completed and makes

recommendation that Council:

1. determines that portion The Esplanade as shown in the attached plan is not

reasonably required as road for public use;

2. in accordance with Section 206 and Schedule 10 of the Local Government Act

1989 and Section 12 of the Road Management Act 2004 give notice that the

section of road outlined above will be discontinued and detail intentions for

the road to have Crown reserve the land for public purposes;

3. advertise its intentions, pursuant to Schedule 10 of the Local Government Act

1989 and Section 12 of the Road Management Act 2004 to discontinue this

road;

4. appoint a Committee of Council, comprising the Mayor and two Councillors

to consider submissions in accordance with Section 223 of the Local

Government Act 1989 made in response to the required public notice;

5. in the event no objections are received

a. approves the discontinuance of this road

b. writes to the Department of Environment Land Water & Planning

requesting reservation of the land

c. confirms that Council are to be Committee of Management


Shire Council


Background

Council officers have been working with user groups that have an interest in the site

to consider future tenure arrangements. Before Council can offer tenure, a portion of the land in question is required to be classified as reserve land.

DELWP sought advice from the Valuer General Victoria (VGV) who confirmed the

land as portion road reserve and a survey plan was prepared to allow for

discontinuance purposes.

The survey plans have been completed and DELWP have now confirmed Council can

proceed to road discontinuance. Subject to receipt of any public submissions, a

request can then be for reservation of the land with Council to become Committee

of Management.

DELWP had requested that Council consents to becoming the committee of

management over the land before instructions are given to the VGV, which formed

part of the previous recommendations from August 2015.

Strategic Basis

Council Plan Principles

The social, environmental and economic priorities of the Shire benefit both current

and future generations.

The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised.

Equity in the distribution of resources across the Shire.

Transparent evidence-based and inclusive decision making.

Finances

The management of the site is already undertaken by Council. The costs incurred in

the proposed road discontinuance will be officer resources, survey and advertisement

costs. These costs will be contained within the adopted 2016/17 Budget.

Stakeholders

Community, user groups and the DELWP.


Section 206, 207A, 223 and Schedule 10 Part 3 of the Local Government Act 1989.

Section 12 of the Road Management Act 2004

Crown Land (Reserves) Act 1978.


Shire Council


Other Options

If Council chooses not to rectify the land status, tenures for user groups would not

be possible because a lease or license cannot be issued over a government road. It may also deem any insurance claims void.


To formalise the current use and allow for the user groups to resolve ongoing tenure

arrangements, it is recommended that Council complete the statutory process to

remove the government road status, reserve the land and complete the process to

become Committee of Management as previously agreed.

Recommendation

That Council:

1. determines that portion of The Esplanade as shown in the attached

plan is not reasonably required as road for public use; 2. in accordance with Section 206 and Schedule 10 of the Local

Government Act 1989 and Section 12 of the Road Management Act

2004 give notice that the section of road outlined above will be

discontinued and detail intentions for the Crown to reserve the land

for public purposes;

3. advertise its intentions, pursuant to Schedule 10 of the Local

Government Act 1989 and Section 12 of the Road Management Act

2004 to discontinue this road;

4. appoint a Committee of Council, comprising the Mayor and two

Councillors to consider submissions in accordance with Section 223

of the Local Government Act 1989 made in response to the

required public notice;

5. in the event no objections are received

a. approves the discontinuance of this road

b. writes to the Department of Environment Land Water &

Planning requesting reservation of the land for public

purposes

c. agrees to become Committee of Management

Attachments

AT-1 The Esplanade Inverloch-aerial

Council Decision



CARRIED UNANIMOUSLY


Shire Council


H.7 Support to Rename Federal Seat of McMillan

File No: CM16/528

Department: Governance and Organisation Development

Council Plan Strategic Objective: Effective Governance

Our leadership will be achieved

through good governance, community

engagement and excellence in service

delivery.

Declaration


Summary

South Gippsland Shire Council and the Gippsland Local Government Network is

advocating for the renaming of the Federal Government seat of McMillan and is calling

on Bass Coast Shire Council to strengthen the renaming campaign.

A Notice of Motion was presented at the Ordinary Meeting of Council at South

Gippsland Shire Council on 27 April 2016. The purpose of their Notice of Motion

proposed that Council support the renaming of the Federal seat of McMillan when the

Australian Electoral Commission next undertakes a redistribution of the seat. The

name McMillan is not suitable due to the controversial history of its namesake, Mr

Angus McMillan. A new name would support and be a practical step towards

reconciliation with the traditional owners of the land.

This report recommends that Bass Coast Shire Council support the advocacy

campaign to change the Federal seat of McMillan.

Background

Last week the sitting member of McMillan, Russell Broadbent, announced he had

written to the Australian Electoral Commission with the suggestion his electorate be renamed Monash. In a statement to the media, he cited a well-documented history of

Angus McMillan, whose name has been connected with the mass murder of

Gippsland's indigenous people.

The AEC is scheduled to conduct a redistribution process next year which could

consider recommendation from the electorate for a name change to the federal seat

of McMillan.

Strategic Basis

This report supports the Council Objective of Effective Governance with a strategy

to advocate for the best outcomes for our current and future generations. It also

helps achieve the Council Plan Principle of:



Shire Council


Finances

This advocacy initiative can be conducted within existing budgets using internal

resources to prepare letters of support.

Stakeholders

Councillors, Council staff, residents and ratepayers are all impacted by the outcome

of this report.


The Australian Electoral Commission is the responsible authority to conduct a review

of its Federal electoral boundaries. This review is scheduled for next year and could

consider name changes to the federal seat of McMillan as part of this process.

Other Options

Council could decide not to support the advocating campaign to rename the federal

seat of McMillan. To not support this campaign would impact on our commitment to

our indigenous community in supporting reconciliation.


It is recommended that Bass Coast Shire Council support the advocacy campaign to

support the name change to the federal seat of McMillan. The history of Angus

McMillan, who the seat is named after, has documented evidence that connects him to

the mass murder of Gippsland’s indigenous people.

To support this campaign shows Council’s commitment to reconciliation with our

indigenous community.

Recommendation

That the Council provides a letter of support to South Gippsland Shire

Council and the Gippsland Local Government Network’s advocacy

campaign for the renaming of the federal seat of McMillan.

Attachments


Council Decision

Moved: Cr. Neil Rankine / Seconded: Cr. Kimberley Brown


CARRIED UNANIMOUSLY


Shire Council


H.8 Ethical Banking

File No: CM16/368






delivery.

Declaration


Summary

Council has sought an initial report on options, analysis and recommendations to be

provided on a strategy to move Council’s investments away from financial institutions

that fund fossil fuel developments.

Background

At its meeting held 9 December 2015, Council resolved as follows:

That the Bass Coast Shire develops a strategy to move its investments away from financial

institutions that fund fossil fuel developments. This strategy will be incorporated into current

investment policy to maximise benefits for Bass Coast Shire ratepayers and the community.

1. To this end, that the CEO provides an options, analysis and recommendations report to

the March 2016 ordinary meeting. The report should specifically address;

a. whether only term investments, or additionally operational transaction accounts,

should be part of this strategy,

b. whether screening of financial institutions is done by simply avoiding those having

fossil fuel linked investments or whether we can prioritise those supporting clean

renewable energy initiatives,

c. options to advocate to financial institutions to improve their performance both

financially and environmentally,

2. A community forum to be held to explain and discuss the options available to Council.

3. Following consideration of the above, that Council develop a Fossil Fuel Divestment

Strategy to be presented for adoption at the July 2016 ordinary meeting. The strategy

should specifically include;

a. strategies, actions and timelines to move Council's investments to financial institutions

that do not finance fossil fuel projects,

b. a public reporting to Council mechanism, and review process, to minimise indirect

financing of fossil fuel projects,

c. a reporting of Council's investments, financial services arrangements and loans.


Shire Council


This report focuses on item one (1) of the Council decision, namely an options,

analysis and recommendations report specifically addressing:

whether only term investments, or additionally operational transaction accounts, should be part of this strategy,

whether screening of financial institutions is done by simply avoiding those

having fossil fuel linked investments or whether we can prioritise those

supporting clean renewable energy initiatives,

options to advocate to financial institutions to improve their performance both financially and environmentally.

Council’s investment activities are governed by the Local Government Act 1989, and the

current Funds Investment Policy sets out objectives that align with the legislative

requirements by seeking to manage risk and preserve capital through the use of

parameters limiting the amount that can be invested in a single financial institution and

the amount that can be invested with institutions of varying credit ratings. The other

key objective of the current Policy is maximisation of returns.

Through the analysis of options for Council’s term investments it became apparent

that solely divesting Council’s investment in financial institutions that support fossil

fuels would expose Council to a higher level of risk with a decrease in return, as

financial institutions claiming to have no investment in fossil fuels generally have lower

credit ratings than larger well diversified banks and can offer interest rates up to 80

basis points lower.

The assessment of whether a financial institution has no investment in fossil fuels was

also found in some cases to be open to subjectivity and may make it difficult to ensure

that open and transparent decisions are made on Council’s limited funds. As such,

this report has expanded the remit to include the broader aspirations of “ethical

banking”, which achieves a better outcome for Council by considering the social

wellbeing of the community as well as environmental sustainability.

The recommended option seeks to balance the environmental and societal aspirations

of the resolution and provides for preferential investment decisions for ethically focused financial institutions where the investment complies with an amended Funds

Investment Policy.

With regard to Council’s ability to advocate for change, Council’s ability to directly

influence changes in behaviour of major banking institutions is for the most part

limited to our market power (with regard to Council’s investments and banking

activities). Given Council's limited size, the ability to influence directly is minimal on

all financial institutions, so the most appropriate alternative advocacy option available

is writing directly to the major institutions.

The original resolution of 9 December 2015 also included two (2) further actions,

once the options, analysis and recommendations report was provided to Council.

The broadened paper, “Investment or Divestment, Is ethical banking the answer?”,

forms the view that via changes to our existing funds investment policy, the further

two (2) steps can be achieved without the need for an additional strategy to be

developed.


Shire Council


Strategic Basis

Council Plan Principles:

The social, environmental and economic priorities of the Shire benefit both current and future generations.


will be recognised.


The provision and use of energy and resources will be promoted in an efficient and

sustainable way.

Finances

Full divestment from institutions that fund fossil fuel development has the potential to

reduce the interest revenue earned by Council by $44,000 per year.

Stakeholders

The potential stakeholders include Councillors, financial institutions, internal

stakeholders and the community.


Section 136 of the Local Government Act 1989 sets out the principles of sound financial management to be implemented by Council. These principles include:

Managing financial risks prudently, having regard to economic circumstances;

and

Ensuring that decisions are made and actions are taken having regards to their

financial effects on future generations.

The current Funds Investment Policy reflects the principles, providing a prudent

framework for management of the investment portfolio with the objectives of preservation of capital (minimising exposure to risk) and maximisation of returns.

Section 143 of the Local Government Act 1989 provides the basis for how and where

Council’s may invest money. A Council may invest any money:

In Government securities of the Commonwealth;

In securities guaranteed by the Government of Victoria;

With an authorised deposit-taking institution;

With any financial institution guaranteed by the Government of Victoria;

On deposit with an eligible money market dealer within the meaning of the Corporations Act;

In any other manner approved by the Minister after consultation with the

Treasurer either generally or specifically, to be an authorised manner of

investment for the purposes of this section.

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html#council

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html#authorised_deposit-taking_institution


Shire Council


Other Options

Aside from the recommended approach, there are at least two (2) other decisions or

options.

Firstly, Council could choose to make no change to the existing Funds Investment

Policy. This option has the capacity to deliver much of the intent of the 9 December

resolution and would ensure that Council is in a position to maximise return on

investments, whilst preserving capital (funds). There would however be no public

message to financial institutions of Council’s intent to support a change in the

behavior of financial institutions, nor would this option provide for a formal reporting

requirement on the level of investment with ethical banking institutions.

This option does however fail to address the broader societal impacts that an ethical

banking approach attempts to consider.

The second option would be to continue with the steps set out in the 9 December

resolution. Within this option (and the recommended solution), rather than divest

from financial institutions, Council would cease to make any future investments in

those entities that invest in fossil fuel development. This option does however

increase the risk profile of Council’s investments (putting Council’s funds at greater

risk) as financial institutions who are recognised as not investing in fossil fuels

generally have a lower credit rating, which can make these institutions more

susceptible to adverse changes in circumstances and economic conditions than those

with higher ratings.

In addition, based on the analysis in the attached “Investment or Divestment, Is ethical

banking the answer?” report, this alternative is expected to come at a direct cost of

approximately $44,000 (plus additional monitoring).

This second option also fails to consider the broader societal impacts that an ethical

banking approach attempts to consider.


The conclusion reached through the development of the options, analysis and

recommendations paper is that there is an option that addresses the intent of the 9

December 2015 resolution, whilst also addressing broader societal impacts. This

option has the added benefit of also providing for Council to still maximise Council’s

return on investment and maximises the security of Council’s funds.

Supporting that conclusion it is also important to consider the constraining financial environment imposed by the rate capping framework and associated legislative

changes.

Officers do not recommend that Council divest from fossil fuel aligned financial

institutions as this would have a significant adverse impact on Council’s existing

investments and current returns.

Instead, it is proposed that Council seek to prioritise investments in ethical financial

institutions (those who are environmentally and socially responsible) if the investment

is compliant with Council’s Funds Investment Policy objectives and parameters and

the rate of return is favourable in comparison to other investments available at the

time. This approach can be incorporated into a review of Council’s Funds Investment

Policy.


Shire Council


It is recommended that the revised Funds Investment Policy be publicly exhibited to

ensure that the community are made fully aware of the updated policy and the

legislative requirements surrounding prudent financial management.

Based on the recommendations above it is further recommended that a specific Fossil

Fuel Divestment Strategy is not developed, as modifications to the Funds Investment

Policy will clarify Council’s position on fossil fuel aligned financial institutions.

Recommendation

That:

1. Council note the analysis report provided;

2. In recognition of Council’s commitment to minimise support for fossil

fuel developments, the Funds Investment Policy be modified to reflect:

a. That Council officers will prioritise investments in

environmentally and socially responsible financial institutions if the investment is compliant with investment policy objectives

and parameters and the rate of return is favourable in

comparison to other investments available at the time;

b. The mechanism for reporting on Council’s term investments is

through the Quarterly Financial Report

3. The community be informed of the changes to the Funds Investment

Policy.

Attachments

AT-1

Investment or Divestment - Is Ethical Banking the answer? - Options and analysis paper

7 Pages

AT-

2

Draft Revised Funds Investment Policy 3

Pages

Council Decision

Moved: Cr. Neil Rankine / Seconded: Cr. Phil Wright

That:

1. Council note the analysis report provided;

2. In recognition of Council’s commitment to minimise support for fossil

fuel developments, the Funds Investment Policy be modified to reflect:

a. That Council officers will prioritise investments in

environmentally and socially responsible financial institutions if

the investment is compliant with investment policy objectives

and parameters and the rate of return is favourable in

comparison to other investments available at the time;


Shire Council


b. The mechanism for reporting on Council’s term investments is

through the Quarterly Financial Report, which will provide

information on the break-up of Council’s investment categories.

3. The community be informed of the changes to the Funds Investment

Policy.

CARRIED UNANIMOUSLY


Shire Council


Statutory Reports


Shire Council


I Statutory Reports

Council Decision

Moved: Cr. Bradley Drew / Seconded: Cr. Kimberley Brown

That agenda items I.1, I.2, I.3, I.4 and I.5 be considered as a block.

CARRIED UNANIMOUSLY

Council Decision

Moved: Cr. Bradley Drew / Seconded: Cr. Kimberley Brown

That agenda items I.1, I.2, I.3, I.4 and I.5 be received.

CARRIED UNANIMOUSLY


Shire Council


I.1 Development Services - Planning Permits issued under delegation for May

2016

File No: CM16/430 Department: Sustainable Development and

Growth




Summary

PERMITS REFUSED:

150225: Thompson Ward - Delegated Planning Committee held 27/05/2016 – Refusal

issued – Buildings and Works for outdoor dining area and wind barrier to

existing restaurant on Thompson Avenue and Chapel Street, located Shop

1/68-80 Thompson Avenue, Cowes.

150347: Hovell Ward – Delegated Planning Committee held 27/05/2016 – Refusal

issued – Develop the land for a commercial and residential development and

the waiver of car parking requirement located at 12 Market Place, Cape

Paterson.

PERMITS ISSUED:

Anderson Ward

160055: The construction of a second dwelling located at 2 Price Street, Dalyston.

Churchill Ward

Nil.

Hovell Ward

150195: Subdivision of the land into three (3) lots and construction of two (2)

dwellings located at 46 Drysdale Street, Wonthaggi.

160058: Subdivide the land into two (2) lots located at 15 Desmond Road, Wattle Bank.

160090: Use and development of the land for a dwelling located at 42 John Flagg Rise,

Inverloch.

Leadbeater Ward

150237: Construct a dwelling located at 12 Hamelin Close, Corinella.

160014: Certificate of Compliance issued under Planning and Environment

Regulations 2015 - Section 97O(2) – existing use or development for the

kindergarten located at 60 Corinella Road, Corinella.

160015: Buildings and Works associated with redevelopment of Kindergarten located

at 60 Corinella Road, Corinella.

160023: Develop and use a dwelling located at Lot 1 TP825520 Loch-Wonthaggi

Road, Kernot.


Shire Council


160057: Develop and use a dwelling located at Lot 2 PS618964 Stephens Road, Bass.

160096: Construct an agricultural outbuilding located at 2160 Bass Highway, Bass.

McHaffie Ward

130293: Delegated Planning Committee held 27/05/2016 – Approved - The

subdivision of the land into two (2) lots located at 57-59 Teddy Bear Lane,

Cowes.

Thompson Ward

150358: Construct a second dwelling located at 17 Broughton Avenue, Cowes.

150368: The subdivision of the land into two (2) lots located at 14 Seascape Avenue,

Cowes.

150369: Buildings and works in excess of 7 metres from natural ground level located

at 69 The Esplanade, Inverloch.

160104: The extension to existing Men’s Shed located at 225-243 Thompson Avenue,

Cowes.

Townsend Ward

150101: Delegated Planning Committee 23/10/2015 – Notice of Decision issued –

Appeal was lodged - Approved under VCAT Order P2425/2015 –

Construction of three double storey dwellings in the General Residential 1

Zone located at 27 Williams Street, Inverloch.

150241: Delegated Planning Committee 01/04/2016 – Approved – Extension to a

Liquor Licence and waiver of car parking requirement located at 19-21

A’Beckett Street, Inverloch.

150320: The subdivision of the land into two (2) lots located at 5 Hopetoun Street,

Inverloch.

150359: Construct three dwellings located at 38 Williams Street, Inverloch.

160066: The boundary realignment between 6 Scott Place and 4/24 Cuttriss Street,

Inverloch incorporating the creation of a restriction at 6 Scott Place,

Inverloch.

Gazetted on 14 April 2016

Island Ward - 1

160107: Two (2) lot subdivision of the land located at 271 Settlement Road, Cowes.

Westernport Ward - 2

Nil.

Bunurong Ward – 3

160108: Construct a rural store located at Lot 21 PS534850 Berrys Road, Harmers

Haven.

160113: The removal of one native (1) tree located at 1/30 Halford Street, Inverloch.

160123: VicSmart Approved – The realignment of boundaries between 24 Paperbark

Place and 3 Wattle Court, Inverloch.


Shire Council


160130: Buildings and Works to heritage building located at 76 McBride Avenue,

Wonthaggi.

DEVELOPMENT SERVICES ACTIVITY REPORT FOR MAY 2016

Statutory Planning

This

month

Last

month

Year to

Date

% of applications determined within statutory

timeframe 61% 67% 65%

Number of live applications 38 34 191

Number of applications received for the month 34 42 436

Number of Responsible Authority outcomes 43 62 428

Building Services

This

month

Last

month

Year to

Date

Number of Essential Service Measure inspections 0 0 45

Number of pool audit inspections 13 36 164

Number of Report and Consent applications

determined 24 17 192

Number of building permits issued 1 0 13

Siting consents issued 0 4 16

Number of building notices/orders issued 2 0 36

Number of live notices/orders 41 42

Enforcement

This

month

Last

month

Year to

Date

Number of new planning cases 11 3 112

Number of building cases 0 1 15

Number of live enforcement files 63 83

Number of planning infringement notices issued

0 2 14

Number of VCAT enforcement orders issued 0 0 2

Number of Magistrates Court prosecutions 0


Shire Council


Total fines received $3,236 $2896 $21,715

Number of new planning cases 11 3 112

Recommendation

That the Development Services Planning Permits issued under delegation

report for May 2016 be received.

Attachments



Shire Council


I.2 Contracts Awarded Report

File No: CM16/463






delivery.

Declaration


Summary

For the period from 1 May 2016 to 31 May 2016, the following contract has been

formed under the Chief Executive Officer’s Instrument of Delegation since the last

report.

Contract

No.

Description Contractor Contract Sum

Including GST

16010 Organisation Development Programs

Panel of 19

organisations (see

attachment)

Schedule of Rates

(2 years with option to extend

by 1 year)

Contracts Awarded by Council

For the period from 1 May 2016 to 31 May 2016, the following contract has been

formed under Council’s Instrument of Delegation since the last report.

Contract

No.

Description Contractor Contract Sum

Including GST

16007 Public Amenities Cleaning All Cleaning Solutions

Schedule of Rates

(Approximately $1.29M for 3

year contract, and extension

option of 2 x 2 year periods )

Recommendation

That the Contracts Awarded Report be received.


Shire Council


Attachments

AT-1 Contracts Register 16010 3 Pages

AT-2 Contracts Register 16007 2 Pages


Shire Council


I.3 CEO's Report for July 2016

File No: CM16/473






delivery.

Declaration


Summary

Bass Coast Shire Council is committed to introducing more regular updates on the

key projects and initiatives that are implemented. The attached report highlights a

number of key projects and their progress.

Strategic Basis

The Council Plan 2013-2017 contains a number of principles and key strategic

objectives. The projects outlined in this report all contribute to the achievement of

this Plan. The objectives in the Council Plan include:

Natural Environment

Sustainable Development and Growth

Healthy Communities

Effective Governance

Economic Development

The relevant principles within the Council Plan, which are to guide all Council

decisions and actions include:

The social, environmental and economic priorities of the Shire benefit both current and future generations

The intrinsic value of biodiversity and the protection of the natural eco systems will be

recognised

Equity in the distribution of resources across the Shire

Transparent evidence-based and inclusive decision making

The provision and use of energy and resources will be promoted in an efficient and sustainable way

Delivery of the Major Initiatives, delivers key actions, strategies and plans which aid

Council to sustain and deliver better services to the community. This assists Council

in achieving all five key strategic objectives and associated strategies within the

Council Plan


Shire Council


Finances

All of the projects highlighted in this report are funded through the 2016/17 Budget.

Some of these projects have received grant funding.

Stakeholders

Council, ratepayers, external funding bodies, residents and visitors are all affected by

the delivery of the program


The Major Initiatives are allocated for in the 2016/17 Budget. These projects are

developed, approved and spent in accordance with the Local Government Act 1989, and

the Procurement Policy.

The Local Government Act states that the primary objective of Council is to

endeavour to achieve the best outcomes for the local community having regard to the

long term and cumulative effects of decisions.

Recommendation

That the CEO’s Report for July 2016 be received.

Attachments

AT-1 CEOs Report July 2016 2 Pages


Shire Council


I.4 Assembly of Councillors Report for June 2016

File No: CM16/491






delivery.

Declaration

The reporting officer has no direct or indirect interest in this matter

Summary

Section 80A of the Local Government Act 1989 (the Act) requires all assembly of

Councillors records to be reported on at the next practicable ordinary meeting of

Council and to be recorded in the minutes of that meeting. This report intends to

fulfil the requirements of the legislation.

Introduction

Section 76AA of the Act defines an Assembly of Councillors as

‘a meeting of an advisory committee of the Council, if at least one Councillor is present, or a

planned or scheduled meeting of at least half of the Councillors and one member of Council

staff which considers matters that are intended or likely to be-

a. the subject of a decision of the Council; or

b. subject to the exercise of a function, duty or power of the Council that has been

delegated to a person or committee-

but does not include a meeting of the Council, a special committee of the Council, an audit

committee established under section139, a club, association, peak body, political party or

other organisation.’

Section 80A requires a written record to be kept of all such assemblies, stating the

names of all Councillors and Council staff attending, the matters considered and any

conflict of interest disclosures made by a Councillor. These records must be

reported, as soon as practicable, at an ordinary meeting of the Council and recorded

in the minutes.

Below is a summary of all assembly of Councillors records since the last Ordinary

meeting of Council.


Shire Council


Date Assembly of Councillors Councillors in attendance

8 June 2016 Policy Workshop Cr Jordan Crugnale, Cr Neil

Rankine, Cr Andrew Phillips, Cr

Clare Le Serve, Cr Phil Wright

8 June 2016 Policy Workshop Cr Jordan Crugnale, Cr Neil



15 June 2016 Policy workshop Cr Jordan Crugnale, Cr Neil

Rankine, Cr Andrew Phillips, Cr Phil

Wright

15 June 2016 Community Engagement

Session

Cr Jordan Crugnale, Cr Neil



21 June 2016 Community Road Safety

Committee

Cr Andrew Phillips

22 June 2016 Councillors and Executive

Team

All Councillors

Recommendation

That the Assembly of Councillors Records be received.

Attachments

AT-1 2016 06 08 Policy Workshop part 1 1 Page

AT-2 2016 06 08 Policy Workshop part 2 1 Page

AT-3 2016 06 15 Community Engagement Session 1 Page

AT-4 2016 06 15 Policy Workshop 1 Page

AT-5 2016 06 21 Community Road Safety Committee 1 Page

AT-6 2016 06 22 Councillors and Executive Team 1 Page


Shire Council


I.5 Place Names Committee Meeting Minutes

File No: CM16/443






delivery.

Declaration


Summary

Council’s Place Names committee met on 24 March 2016. A copy of the meeting

minutes are attached for information.

At this meeting, the Committee considered the following issues (which are outlined in

greater detail in the meeting minutes):

1. Update on naming of Cape Paterson access tracks

2. Addressing for Sunny Sands retirement village Inverloch

3. Locality Boundary Change Glen Alvie/Ryanston

4. Centennial Centre signage

5. Knox family request for signage in Wonthaggi

6. Naming of Common land and road: Cashin Street Inverloch

7. Caravan Park and Nursing Home numbering and Street naming.

Recommendation

That the minutes of the Place Names Committee meeting held on 24

March 2016 be received.

Attachments

AT-1 Minutes - Place Names Committee 3 Pages

Minutes of Ordinary Meeting - 20 July 2016 Bass Coast

Shire Council


J Urgent Business

There was no Urgent Business.

Mayoral Announcement Of Next Meeting Of Council

The next Ordinary Council meeting will be held on Wednesday, 17 August 2016 in

the Bass Coast Civic Centre Council Chamber, Baillieu Street East, Wonthaggi

commencing at 5.00pm.

The next Community Engagement Session will held on Wednesday, 10 August

2016 in the Bass Coast Civic Centre Council Chamber, Baillieu Street East, Wonthaggi

commencing at 3.00pm.

Meeting adjourned

The meeting was adjourned at 6.55pm

Meeting resumed

The meeting resumed at 7.04pm


Shire Council


Items

Closed to

the Public

Excerpt of Section 89 of Local Government Act 1989.

(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:

(a) Personnel matters;

(b) The personal hardship of any resident or ratepayer;

(c) Industrial matters;

(d) Contractual matters;

(e) Proposed developments;

(f) Legal advice;

(g) Matters affecting the security of Council property;

(h) Any other matter which the Council or special committee considers

would prejudice the Council or any person;

(i) A resolution to close the meeting to members of the public.

(3) If a Council or special committee resolves to close a meeting to members of the public

the reason must be recorded in the minutes of the meeting.


Shire Council


Council Decision

Moved: Cr. Bradley Drew / Seconded: Cr. Clare Le Serve

That the meeting be closed to members of the public pursuant to Sections

89 (g) and (h) of the Local Government Act 1989, to consider these items

as they deal with matters affecting the security of Council property and

other matters.

CARRIED UNANIMOUSLY


Shire Council


K Confirmation of Closed Minutes

K.1 Minutes of Closed Ordinary Meeting held on 22 June 2016


Shire Council


L Reports Requiring Council Decision Closed to the Public

L.1 Contractual Matters

It is recommended that the meeting be closed to members of the public pursuant

to Section 89 (d) of the Local Government Act 1989, to consider this item as it

deals with contractual matters.









L.4 Any Other Matter


to Section 89 (h) of the Local Government Act 1989, to consider this item as it

deals with any other matter which the Council or special committee considers

would prejudice the Council or any person.

Council Decision

Moved: Cr. Bradley Drew / Seconded: Cr. Neil Rankine

That the meeting be reopened to the public.

CARRIED UNANIMOUSLY

Meeting closed

The meeting closed at 7.55pm

Bass Coast Shire Council Minutes for Ordinary Meeting 89 ... · Bass Coast Shire Council Minutes...

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