Minutes of the Community Focus Committee Meeting of the Greater Geelong City Council held at the Lara Sporting Club, 1 Mill Road, Lara on 11 September 2018, commencing at 7:00pm.
John Pettit
Nicole Doherty
Roger Smith
Barry White
Tracey Walker
Lionel McWilliam
Lorraine Kulic
Ted Reeve
Frank Chalifour
George Tolongos
Councillors:
B Harwood (Mayor)
A Aitken
S Asher
K Grzybek
S Mansfield
J Mason
P Murnane
P Murrihy
R Nelson
T Sullivan
M Cutter (Chief Executive Officer)
J van Slageren (Acting Director Planning and Development)
B Luxford (Director Investment and Attraction)
G Wilson-Browne (Director City Services)
R Stevens (Acting Director Community Life)
P Anderson (Director Finance and Strategy)
L Barton (Acting Executive Manager People and Organisation Development)
R Leonard (Executive Manager Governance and Legal Services )
The Chair declared the meeting open at 7:00pm.
Councillors Grzybek and Aitken provided the gallery with a snapshot of the major projects and issues in the Windermere Ward.
Council acknowledged Wadawurrung Traditional Owners of this land and all Aboriginal and Torres Strait Islander People who are part of the Greater Geelong community today.
Councillor E Kontelj (leave of absence).
Councillor Murrihy moved, Councillor Mason seconded –
That the Minutes of the Community Focus Committee Meeting held on 14 August 2018 be confirmed.
Carried.
Nil.
John Pettit asked the following questions in relation to heavy truck traffic:
In the past two years heavy truck traffic to and from the Quarries on Sandy Creek Road and other vehicle traffic to the Ford proving ground has increased enormously. Council traffic engineers have conducted recent traffic counts that confirm this increase. Sandy Creek Road was never constructed to take these heavy trucks. The drainage is poor affecting the road foundations and surface is continually breaking up. The edges of the bitumen have become ruts from the passing trucks moving over the edge of the sealed surface to enable them to pass safely. Most trucks travel at 100Km / hour which is the current legal speed limit. Council officers from the traffic engineering department have examined the road and have recommended better drains and culverts to improve the road as well as resurfacing sections damaged by truck movements. The drains have been cleaned out but we are advised than an environmental impact study is required before other improvements can be made and road edges repaired or widened. However, despite waiting more than 12 months for action we are told that funds are not available for this and no time frame has been given as to when work might proceed. In addition, residents and users of this road have also requested that the speed limit should be reduced to 80 km/hr or lower.
The Mayor responded that regular maintenance works on Sandy Creek Road including installation of guardrail and culvert works have been completed over the past five years. Inspection of Sandy Creek Road was carried out in July 2018 by our City Works teams and work orders issued for repairs. A new request for service has been raised for the reported damage/potholes to be repaired. Upgrade of drainage and widening of the road requires a native vegetation impact assessment. Any works would then be included within existing programs for similar road improvement treatments across the City. Traffic engineers are currently reviewing the movement of heavy vehicles in the Lara / Little River area. This includes Council officers liaising with VicRoads to review rural road speed limits in the Lara / Little River. The review will also consider the impacts of heavy vehicles on local roads and recommend alternate routes following community consultation planned for October 2018.
When will action be taken to properly repair this road up to an acceptable standard - before we have a fatality on it?
The Mayor responded there are no major works scheduled for the upgrade of Sandy Creek Road. Repairs of edge breaks and potholes are logged in our customer request system and actioned within intervention levels under our Road Management Plan. Grading of the unsealed section of Sandy Creek Road is scheduled for early October weather permitting.
Nicole Doherty lodged a question in relation to the provision of more mental health support services in Lara. As Ms Doherty was not present at the meeting her question was taken on notice for a written response.
Roger Smith asked the following questions in relation to the Echidna Walkabout Nature Tours:
Mr Smith asked Councillors to support his position on the creation of a Conservation and Wildlife Tourism Zone in the eastern side of the You Yangs and to protect the boundaries and borders of Serendip Sanctuary in perpetuity. Specifically he requests that, through Windermere Ward Councillors, Kylie Grzybek and Anthony Aitken, with the endorsement of the Chairs of the Environment & Sustainability Committee and the Tourism and Events Committee, a letter is written and taken by a delegation of Councillors to the Minister for Tourism and local member, Mr John Eren, requesting that Mr Eren speak urgently and directly to the Minister for the Environment and urge her to collaborate with the Ministry for Tourism to implement our proposal specifically to:
urgently arrange for Parks Victoria to fast track the plan so that it announced before the next State election and in place within the next 12 months;
ensure funds are available to implement the plan;
ask Mr Eren to form a working committee, including interested Councillors, to work closely with ourselves and with Tourism Greater Geelong and the Bellarine to ensure that the plan is implemented urgently before current rapidly increasing pressures on the You Yangs and Serendip render Wildlife Tourism in the region untenable.
The Mayor thanked Mr Smith for his questions and passion for the region and understood the complications, but is unable to make a decision to ensure the longevity of this venture. We need to have the discussion with Crs Grzybek and Aitken and work closely with other key stakeholders.
Barry White addressed Council in relation to Amendment C368:
Will Council now implement the following C368 independent panel recommendations and related actions to protect Serendip Sanctuary precinct?
Confirmation of the 200 metre buffer in the form of retention of Rural Living zone to properties around the boundary of Serendip Sanctuary?
Joanne Van Slageren responded Amendment C368 (and the previous Ministerial amendment that rezoned land either side of Caddys Road) keeps land within 200m of the Sanctuary in the Rural Living Zone. C368 also makes a minor change to the Lara Structure Plan map at Clause 21.13 to show both the 200m buffer retained as rural living and the land south of the 200m for conventional residential.
Incorporation of the buffer in the Lara Structure Plan (2011)?
Joanne Van Slageren indicated that there is some confusion on this issue and as stated above the 200m buffer is clearly shown in the Lara Structure Plan map in the planning scheme. However, Council officers have not recommended that the Lara Structure Plan (2011) document itself be updated. The Structure Plan was prepared at a point in time and while it is a reference document for the policies in the Planning Scheme.
Design and application of a protective planning overlay on land included within the buffer area (eg Environmental Significant Overlay or Significant Landscape Overlay as potential options)?
Joanne Van Slageren responded that as indicated in the letter to you of last Friday from our Acting Manager Planning and Building, Council officers have no plans to apply an overly to the buffer at this point in time.
The Rural Living Zone itself has a minimum average lot size of 1.5hectares which means that the land cannot be subdivided into small residential blocks. Fundamentally, this is what the buffer is – a transition between the conventional residential house blocks to the south and the Serendip Sanctuary to the north. Having said that, we are always open to talking about changes to planning controls. The best time to do this is when Structure Plans are reviewed.
Public Advertising of all permit applications for developments within or bear the buffer area with free and open access to any issued permit file?
Joanne Van Slageren explained that some permit applications within the buffer will require advertising, for instance, the recent restaurant/cabins application. However, where the planning scheme exempt notice and review of permit applications, which are State provisions, there is no legal basis for Council to provide public notification. Under the circumstances you suggest, were an application to be advertised, and were objections to be received, there would be no requirement for Council as the Responsible Authority to consider the objections and no avenue of appeal to the Victorian Civil and Administrative Tribunal.
Use of overlays exempting planning applications from public notification not be used to prevent public advertising and notification where public interest is affected or where material detriment might be demonstrated (but which is impossible to argue if public notification is avoided)?
Joanne Van Slageren replied that the ability for Council to ‘opt-in’ (to required public notification) using an overly schedule to a State Provision would depend on the type of overlay applied. In the example you refer to in your letter – PP1369/2017 – the only trigger for a planning permit was because the property is in a Bushfire Management Overlay. The only consideration in this situation is bushfire risk and a referral response is required from the Country Fire Authority. It is unclear why matters requiring bushfire expert assessment should or would be advertised to the general public.
All planning applications in the Windermere Ward to be advised to the Windermere Ward Councillors before approval and particularly in areas of community sensitivity?
Joanne Van Slageren advised Councillors are provided with a copy of the planning register on a regular basis and this includes all new planning applications. A list of applications of particular interest is also circulated to Councillors on a regular basis.
As it has not been possible to detail all of the issues related to this subject and bearing in mind the need to monitor outcomes from the C368 Amendment, will Council establish a ‘Special Planning Committee’ consisting of the Council Chair of the City’s Planning Portfolio, Windermere Ward Councillors, Lara community representatives and Council planning staff to review these arrangements and also consider future protections for the Serendip Sanctuary precinct?
Joanne Van Slageren said Council officers would be willing to attend or convene a meeting to discuss planning issues around Serendip. We would also suggest that DELWP and Parks Victoria be involved as the managers of the Sanctuary.
Barry White asked the following questions in relation to C & D Recycling:
There has been considerable media coverage of this issue focusing on the significant community risks from the site and the need for urgent remediation. As summer approaches fire risks are going to increase as will health risks from airborne material, vermin and contamination from leeching of liquids into the water table. Focus has mainly been on who is to blame and who will pick up the costs, reported as being in excess of $100million for remediation of the site.
What specific action is Council taking to address this potentially catastrophic issue?
The Mayor responded the VCAT Enforcement Order of 31 May 2018 provides for a series of milestones that are based upon: reduction of fire risk before the 18/19 fire season; a reduction in the amount of material stored on the land; and the ongoing use of the land as a materials recycling facility that complies with industry best practice.
Council and other agencies (EPA and CFA) are working with the owner of the land towards achieving the outcomes of the Enforcement Order. It is important and necessary that we afford the owner this opportunity.
Emergency management plans are in place should a fire event happen at the site.
When will work commence to remove the materials and rubbish from this site?
The Mayor indicated that it is not known when materials will start to be removed from the land. This will be the subject of the Rehabilitation Plan (due 30 September as per the Enforcement Order). It is important to note that the purpose of the Rehabilitation Plan is to reduce the amount of material to more manageable levels (not to remove all of the material from the land). It is likely to take time to reduce the amount of material on the land.
Are we facing a similar debacle with the operation of a new recycling facility near Stacey’s Road, Lovely Banks?
The Mayor responded that VCAT approved the use of land at 225 Stacey’s Road, Lovely Banks as a Materials Recycling Facility in September 2016. It is evident that, at this time, the operator has the necessary specialised equipment on the land, and is sorting and processing material. Council officers have and will continue to work with the operator of the facility to ensure compliance with the planning permit.
Tracey Walker asked the following question regarding Amendment C368:
Can we please be provided with an assurance that we will not incur any costs as a result of changes required to facilitate power and telecommunications to the new lots?
The Mayor responded the draft planning permit (PP11-2017) has conditions relating to telecommunications and electricity connections to the proposed subdivision.
The developer must enter into agreements with relevant servicing authorities to establish connections for each new lot. It is highly unlikely that there would be any cost to you as a nearly property owner. You could check with Powercor and NBN if you have concerns.
During the building phase of new homes in the Lara Central Estate (which continues today), rubbish and packaging from building materials blowing into neighbouring acreage, ours and others, was terrible. Either the developer or Council arranged on one occasion to engage a person to collect rubbish that had gathered on neighbouring fence lines and properties. To protect the environment and out of respect for neighbouring properties, can this be included on a regular basis until the subdivision is established?
The Mayor advised Council’s Local Laws Officers conduct ‘rolling patrols’ around such estates to monitor the standard of waste containers being provided so as to effectively contain waste to that site.
Council is currently writing to all builders on such estates to increase their attention to waste containment. At the building permit stage, builders are also provided with information about how to effectively contain waste on the site using appropriate receptacles and containment structures.
From time to time our officers also issue Notices to Comply where they discover inadequate waste facilities. In certain situations it has been difficult to link certain items of waste to a particular building site (which is when we arranged a clean-up) so our focus is on making sure that the appropriate facilities are on site and well used. The need to do so is covered in Council’s Neighbourhood Amenity Local Law 2014 and failure to do so can result in fines.
Lionel McWilliam asked his question on behalf of the Lara Golf Club:
We have been told there won’t be any lease negotiations until after the Council decides what they are going to do with public golf courses. How can we expedite either a short term or long term lease for the club because this decision is hampering our efforts to make any improvements to the course which would attract more people to either play or become members?
The Mayor responded Council is currently developing its Golf Facilities Strategy which will set the broad direction for Council’s golf facilities, as well as consider options for a sustainable management model for the Lara Golf Course.
Representatives from Lara Golf Club have been consulted about the strategy and it would be premature to negotiate a lease before finalising the strategy, which is scheduled to be completed by the end of the year.
Contact will be made with the Lara Golf Club to discuss their concerns and what opportunities there might be for the Club.
Lorraine Kulic asked the following question on behalf of Lara’s Basketball Club – Lara Giants:
We have a very strong membership and struggle to find venues for training. We currently pay to hire and use Lara Lake and Lara Primary and Secondary School halls – having them booked out between 4:30 and 7:30 Monday to Thursday.
As a Committee we have been ascertaining different ways and aspects on how Lara can get its own indoor basketball courts/arena?
The Mayor responded Council is currently reviewing their Social Infrastructure Plan, and are about to begin community engagement on what activities people would like access to in their local communities. We would encourage you to take part in that. An officer from the Community and Recreation team will be in contact with you to discuss your current needs as well as provide details about community engagement on the Social Infrastructure Plan.
Ted Reeve asked if Council would consider improvements to the Hume Bridge on Station Lake Road, Lara. This significant piece of Lara infrastructure has served the town well since its opening in 1962, but appears to have received little or no maintenance during that time.
I ask that Council arrange to clean and paint the bridge; and give consideration to a beautification project for the bridge by installing planter boxes along the southern (footpath) side and planting with colourful native plants in conjunction with community groups including the Friends of Kevin Hoffman Walk and Lara Community Network.
The Mayor thanked Mr Reeve for his questions and advised they will be responded to in writing by the Director of City Services.
Frank Chalifour, Secretary, Township of Lara Care Group Inc asked the following questions in relation to Amendment C368:
Will Council carefully consider the consequences of approving an amendment and associated estate permit tonight that will legally prohibit 35% of the home owners (8 out of 23 proposed homes) from expanding into their own backyards due to their house wall being just 19 metres away from the 2017 bushfire attack level setback law for Victoria created by the Minister in response to Black Saturday?
Prior Amendment C73, C293 and the present C368 with its accompanied planning permit all recognise a 200 metre rural living zone buffer to Serendip Sanctuary.
Will Council move to establish permanent protective overlay status with inclusion of the buffer in the Lara Structure Plan text for all boundary lands adjacent to Lara’s key fauna – tourism assets of Serendip Sanctuary and the You Yang’s Park so they do not disappear as has occurred in other areas with similar unbridled development?
How can this blatant disregard of the Rural Living Zone purpose in a permit application supported by Statutory Planning since early 2017 when the land was purchased be considered as “preserving the 200 metre Rural Living Zone buffer” as a residential living zone permitting one private dwelling per block?
Will Council act now to over-ride and correct planning’s short sighted methodology which comes across as calculated indifference and disrespect for overwhelming regional and community public opinion, prior Council decisions, two independent panel findings and ministerial interventions all enacted to protect critical tourism and educational assets in Lara?
The Mayor responded that some of the questions have already been addressed – others are outside of Council’s control. Further discussion will take place during debate of the item this evening.
George Tolongos addressed Council about the increased traffic in Lara, and particularly heavy trucks using Station Lake Road and McClelland Avenue. This is not only causing much more noise from trucks night and day, but it is increasing risks of serious traffic accidents. I recently narrowly avoided a read end collision from a heavy truck when I was turning into my property off McClelland Avenue.
When is Council going to hold the community meeting promises earlier this year to discuss Lara’s truck and traffic issues?
What action is Council (including with VicRoads) taking to stop heavy trucks moving through the centre of Lara and particularly off McClelland Avenue and Station Lake Road?
Could Council consider extending the McClelland Avenue service road so it is the same on both sides? At present, the north side stops short at Clover Street. The purpose is for added safely accessing McClelland Avenue due to truck traffic hazards?
The Mayor took the questions on notice for a written response. The Mayor added a traffic study is underway and consultation is commencing this month.
Councillor Grzybek advised Mr Tolongos she would contact him and advise when the community meetings are convened.
Vicki Shelton added Council has forwarded a letter asking VicRoads to review the problem and consider reviewing the speed limit from 80mph to 60mph. Council has inspected the service road and are looking to improve the conditions.
Nil.