MEETING WARRNAMBOOL CITY COUNCIL 5:00 PM FRIDAY … · iii. Enter into a funding Agreement with Warrnambool Racing Club or Country Racing Victoria to construct a new car park for

VENUE:Lighthouse StudioLighthouse TheatreWarrnambool

COUNCILLORSCr. Tony Herbert (Mayor)

Cr. Robert Anderson Cr. Sue CassidyCr. Kylie GastonCr. Peter Hulin

Cr. Michael NeohCr. David Owen

Copies of the Warrnambool City Council’s Agendas & Minutes can be obtained online at www.warrnambool.vic.gov.au

Bruce AnsonCHIEF EXECUTIVE

MINUTES SPECIAL MEETING WARRNAMBOOL CITY COUNCIL5:00 PM - FRIDAY 21 DECEMBER 2018

Warrnambool City CouncilMinutes for Special Meeting

21 December 2018Page | 2

AUDIO RECORDING OF COUNCIL MEETINGS

All Open and Special Council Meetings will be audio recorded, with the exception of matters

identified as confidential items in the agenda. This includes public participation sections of the

meeting. Audio recordings of meetings will be made available for download on the internet via the

Council’s website by noon the day following the meeting and will be retained and publicly available

on the website for 12 months following the meeting date. The recordings will be retained for the

term of the current Council, after which time the recordings will be archived and destroyed in

accordance with applicable public record standards. By participating in Open and Special Council

meetings, individuals consent to the use and disclosure of the information that they share at the

meeting (including any personal/sensitive information), for the purposes of Council carrying out its

functions.



ORDER OF BUSINESSPage No.

1. OPENING PRAYER & ORIGINAL CUSTODIANS STATEMENT .................................................4

2. APOLOGIES..................................................................................................................................4

3. DECLARATION BY COUNCILLORS AND OFFICERS OF ANY CONFLICT OF INTEREST IN

ANY ITEM ON THE AGENDA.......................................................................................................4

4. REPORTS .....................................................................................................................................5

4.1. HORSES ON BEACH – LEVYS BEACH – BELFAST COASTAL RESERVE.....................5

5. CLOSE OF MEETING .................................................................................................................16



MINUTES OF THE SPECIAL MEETING OF THE WARRNAMBOOL CITY COUNCIL HELD IN THE RECEPTION ROOM, WARRNAMBOOL CIVIC CENTRE, 25 LIEBIG STREET, WARRNAMBOOL ON

FRIDAY 21 DECEMBER 2018 COMMENCING AT 5:00 PM

PRESENT: Cr. Tony Herbert, Mayor/ChairmanCr. Robert AndersonCr. Sue CassidyCr. Kylie GastonCr. Peter HulinCr. Michael NeohCr. David Owen

IN ATTENDANCE: Mr Bruce Anson, Chief Executive Mr Peter Utri, Director Corporate StrategiesMr Scott Cavanagh, Director City Infrastructure Mr Andrew Paton, Director City Growth

1. OPENING PRAYER & ORIGINAL CUSTODIANS STATEMENTAlmighty GodGrant to this CouncilWisdom, understanding and Sincerity of purposeFor the Good Governance of this CityAmen.

ORIGINAL CUSTODIANS STATEMENTI wish to acknowledge the traditional owners of the land on which we stand and pay my respects to their Elders past and present.

2. APOLOGIES

Nil.

3. DECLARATION BY COUNCILLORS AND OFFICERS OF ANY CONFLICT OF INTEREST IN ANY ITEM ON THE AGENDA

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest

A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.

Nil.



4. REPORTS

4.1. HORSES ON BEACH – LEVYS BEACH – BELFAST COASTAL RESERVE

PURPOSE:

This report seeks Councils views in response to a letter from the Minister for Planning proposing a series of steps to facilitate the implementation of the Belfast Coastal Reserve Management Plan 2018 and enabling racehorse training to occur within a defined area of the Belfast Coastal Reserve.

EXECUTIVE SUMMARY

On 16 December 2018, Council received correspondence from the Hon Richard Wynne MP, Minister for Planning advising Council that he has received a request from Racing Victoria and the Warrnambool Racing Club that the Minister amend the Warrnambool Planning Scheme;

The Minister, in his letter, acknowledges the complexity of the issue and has considered the long term use of the Levys Beach Carpark, the eastern end of Levys Beach for racehorse training and conflicts with other beach users;

The Minister for Planning has proposed a series of steps to facilitate the implementation of the Belfast Coastal Reserve Management Plan 2018 by enabling racehorse training to occur within a defined area of the Belfast Coastal Reserve, and in accordance with approvals granted under the Crown Land (Reserves) Act 1978 and the Marine and Coastal Act 2018.

The Minister’s amendment proposes to remove the land use planning prohibition on animal training/racehorse training in the Public Conservation and Resource Zone at Levys Beach in Warrnambool;

The amendment would insert a Specific Controls Overlay and introduce a new Incorporated Document into the Planning Scheme;

The Minister for Planning requests Council’s views by 21 December 2018

MOVED: Cr. Peter HulinSECONDED: Cr. Sue Cassidy

That Council

1. Provide support to the Minister for Planning’s proposal to allow race horse training on beaches as outlined in the Minister for Planning’s letter to Council dated 16 December 2018 which states:-

a) That the Minister for Planning adopt planning approval for access to Belfast Coastal Reserve, including from Levys Beach Car Park (to provide time to complete steps 1 (b) and 1(c) below);

b) That the required approvals are negotiated for the access point to the beach to be relocated to the existing hard stand at Spookys Beach Car Park and the realignment of the horse training area to commence 200 metres west of Levys Beach access point (to minimise conflicts with other users of the beach);

c) That the Cultural Heritage Management Plan is amended to enable the use of the access from Spookys Beach Car Park by horses in future; and

d) That infrastructure upgrades are undertaken (including formalising the car park, improving the access track, revegetation and fencing) which Racing Victoria would need to fund to make the Spookys location workable for its activities.

Subject to :-

i) inclusion of a sunset clause of 30 November 2019 (or by earlier agreement) for completion of aforementioned steps 1(b) and 1(c); and

ii) no race horse training activity be permitted east of Levys Beach access point;

iii) following 30 November 2019 (sunset clause) no race horse training to occur on the area east of the 200m west of Levy’s access point.

2. Advise the Minister for Planning in writing of Council’s decision on the matter.



3. Prior to 30 November 2019 a licence agreement must be entered into with conditions to the satisfaction of Council.

CARRIED - 6:1

For : Cr. Kylie Gaston, Cr. Michael Neoh, Cr. Peter Hulin, Cr. Robert Anderson, Cr. Sue Cassidy, Cr. Tony Herbert

Against :Cr. David Owen

BACKGROUND

COUNCIL’S CURRENT POSITION

Council at its meeting on the 1 October 2018, resolved:-

MOVED: CR. HULINSECONDED: CR. CASSIDY

That Council:

1. Only agree to provide approval for commercial horse riding at Lady Bay and Levy’s Beach, if the funding contribution to the Lady Bay Car Parking area is increased to $400,000.

2. Subject to Section 1 of this resolution being satisfied:

i. Allow commercial racehorse training to resume at Levy’s Point beach in accordance with the terms contained in the attached Agreement (Appendix C).

ii. Agree to amend the existing Agreement (Appendix D) for racehorse training at Lady Bay to reduce horse training numbers on the beach from 96 to 50 and retain the overall daily cap (swim and/or run) at 116 horses.

iii. Enter into a funding Agreement with Warrnambool Racing Club or Country Racing Victoria to construct a new car park for horse training at Lady Bay Beach and refer the Council co-contribution to the 2019-2020 budget process.

CARRIED – 6:1

Crs. Hulin, Cassidy, Neoh, Gaston, Anderson Herbert voting for the motion

Cr. Owen voting against the motion

On 15 October 2018, Council resolved:-

MOVED: CR. NEOHSECONDED: CR. GASTON

That Council amend the Council and Warrnambool Racing Club for Lady Bay Foreshore Agreement (Appendix D) from a 3 year term to a 5 + 5 year term by mutual agreement.

CARRIED – 6:1

Crs. Neoh, Gaston, Cassidy, Herbert, Hulin & Anderson voting for the motion

Cr. Owen voting against the motion



Council also resolved

MOVED: CR. GASTONSECONDED: CR. CASSIDY

That Council provide approval for the Chief Executive to enter into an agreement for commercial horse exercising in accordance with Section 17B of the Crown Land (Reserves) Act licence for Levy’s Beach, which retains the intent of Appendix C, subject to the agreement and licenses according with all laws, orders and other legal requirements.

CARRIED – 4:3

Crs. Gaston, Cassidy, Herbert & Anderson voting for the motion

Cr. Owen, Hulin & Neoh voting against the motion

On 26 October 2018, Council rescinded the resolution of 15 October 2018 and resolved:-

MOVED: CR. OWENSECONDED: CR. NEOH

1. That Council does not initiate any action in relation to the use of Levy’s Beach for Commercial horse training.

2. That Council understands the current prohibition of the commercial training of horses within the Planning Scheme and that all applicable future decisions in relation to commercial horse training at Levy’s Beach be made through the sole decision of Council.

CARRIED – 7:0

Council has also received a letter from S. Hurley of the VNPA opposing any proposal to support a rezoning of the land – refer Attachment 2

ISSUES

Council has received an email from the Minister for Planning requesting Council to advise by Friday 21 December 2018 its view on his proposal to enable horse training on Levy’s Beach – refer Attachment 1.

The proposal is as follows:-

1) That the Minister for Planning adopt planning approval for access to Belfast Coastal Reserve, including from Levys Beach Car Park ( to provide time to complete steps 2 and 3).

2) That the required approvals are negotiated for the access point to the beach to be relocated to the existing hard stand at Spookys Beach Car Park and the realignment of the horse training area to commence 200 metres west of Levys Beach access point (to minimise conflicts with other users of the beach).

3) That the Cultural Heritage Management Plan is amended to enable the use of the access from Spookys Beach Car Park by horses in future.

4) That infrastructure upgrades are undertaken (including formalising the car park, improving the access track, revegetation and fencing) which Racing Victoria would need to fund to make the Spookys location workable for its activities.

The proposal is in response to a request from Racing Victoria, Country Racing Victoria and the Warrnambool Racing Club which requests the Minister for Planning to expedite an amendment to the Warrnambool Planning Scheme to remove the land use planning prohibition on animal training/racehorse training in the Public Conservation and Resource Zone at Levys Beach in Warrnambool.

The Minister, in his letter, acknowledges the complexity of the issue and has considered the long term use of the Levys Beach Carpark, the eastern end of Levys Beach for racehorse training and conflicts with other beach users.



The Minister for Planning has proposed the following steps be undertaken to allow race horse training on beaches at Levys Beach, Warrnambool:-

Step 1 – Minister to adopt planning approval for access to Belfast Coastal Reserve, including from Levys Beach Carpark (to provide time to complete steps 2 and 3)

Steps 2 and 3 – The required approvals are negotiated for the access point to the beach to be relocated to the existing hard stand at Spookys Beach Car Park and the realignment of the horse training area to commence 200 metres west of the Levys Beach Car Park access point (to minimise conflicts with other users of the beach); and that the cultural heritage management plan be amended to enable the use of the access from Spookys Beach Car Park by horses in future.



Additionally, infrastructure upgrades will be required required to be undertaken and funded by Racing Victoria to make the Spookys location workable for its activities.

The Ministerial Amendment will introduce a Specific Control Overlay (Clause 45.12) and introduce a new incorporated document titled ‘Racehorse Training on Beaches, December 2018’ in the schedules to Clause 45.12 ‘Specific Controls Overlay’ and Clause 72.04 ‘Documents Incorporated in the Planning Scheme’.

ATTACHMENTS1. ATTACHMENT 1 [4.1.1]2. ATTACHMENT 2 [4.1.2]

ATTACHMENT 1

Warrnambool City Council Agenda for Special Meeting Attachment 4.1.1 21 December 2018 Page | 10


ATTACHMENT 2Warrnambool City Council Agenda for Special Meeting Attachment 4.1.2 21 December 2018 Page | 12





5. CLOSE OF MEETING

The meeting closed at 5.48pm.

CHAIRMAN