Shows changes in ownership of various parts of Richmond Park and Burnley Gardens by University of Melbourne, Amrad, Melbourne City Link, etc. from gazettal in 1873 to 1996Photocopy of plan of 19.11.1886 with University of Melbourne land acquisition 13.10.1994 hand drawn on it, dates Act revoked and Gazette numbers. Plan of Jika Jika R(19)3. Allan & Tuxen Plan of Melbourne and Suburbspublic parks, recreation reserve, richmond

Marong was first incorporated as a road district on 27 August 1861, and became a shire on 23 December 1864. On 1 October 1915, the Borough of Raywood, which was gazetted on 17 January 1865 on 23.31 square kilometres of land 28 kilometres north of Bendigo was united with Marong. On 1 October 1990, the Shire of Marong became a rural city, under the Local Government Act 1989. In a report on 17 February 1994, the Local Government Board recommended that the five councils in the Bendigo region merge to form a "super city", with a population of about 81,000. Marong, Eaglehawk and Huntly had earlier objected to the proposal, and the Board noted a weak no vote against the merger proposal in a referendum in the region; about 70% had voted against, but with a turnout of between 30% and 40% of eligible voters. The three councils filed a writ in the Supreme Court, alleging failure to follow process by the Minister for Local Government, Roger Hallam, but by the time the new "super city" was announced, the writ had not yet been heard, and on 24 March 1994, the Rural City of Marong successfully applied for an injunction blocking the publication of the gazette the following day abolishing the five councils and appointing three commissioners. The government responded by introducing legislation, the City of Greater Bendigo Bill 1994, to Parliament, to effectively override the Supreme Court action, with Hallam saying "the bill would make clear that the Government is determined to achieve its objective for a more efficient municipal structure for the Bendigo region." Marong mayor Robert Hynes described the action as "terribly disappointing", adding, "One way or another, I believe it does mean an end to our fight... it seems the Government are above the law to me." On 6 April 1994, Marong voted to drop the Supreme Court action, effectively in doing so voting itself out of existence, and on 7 April 1994, the Rural City of Marong was abolished, and along with the City of Bendigo, the Borough of Eaglehawk and the Shires of Huntly and Strathfieldsaye, was merged into the newly created City of Greater Bendigo. On 29 April 1994, the Minister confirmed the Bill was not being proceeded with. https://en.wikipedia.org/wiki/Rural_City_of_MarongEight page newspaper style council newsletter providing community updates, news and information. shire of marong, city of greater bendigo amalgamation, councillor phillip eddy, rural city of marong

non-fiction Notes on Aborigines, land grants, places and families in the federal territory, brief notes on Aboriginal names and tribal districts, quotes previous authors; early camping grounds - place names.canberra (act) - history, canberra - settlement and contacts

This digital image was produced from one of the glass negatives that form part of the collection, probably taken by Louis Haeusler (b.1887) with the photographic equipment in the Wodonga Historical Society Haeusler Collection. Merry-Go-Rounds or Carousels were a popular entertainment accompanying many celebrations and events in Albury and Wodonga from as early as the mid 1870s. They featured at events such as Empire Day and Arbor Day celebrations as well as the Wodonga Racing Club meetings, Wodonga Agricultural Shows and Victory Day celebrations at the end of World War 11. They were operated by a variety of travelling showmen and entrepreneurs. Early merry-go-rounds were steam powered. The merry-go-round in this negative was owned by Anton Weniger of Melbourne. From 1909, Mr Weniger operated a shooting gallery and Steam Riding Gallery on the Lower Esplanade, St. Kilda on land he had leased in 1909 from the St. Kilda Foreshore Trust. Weniger also took his carousels by train to many rural areas, including several visits to Albury, Yarrawonga and Benalla. His largest carousel was designed and built in Melbourne by Herbert Thomson in 1915. It has now been restored and has been on show as the Civic Carousel in Canberra, ACT since 1974. Anton Weniger’s steam merry-go-round was definitely in the Albury- Wodonga area in September 1912. As reported in the Border Morning Mail on Saturday 2 November 1912, Mr. Weniger was the victim of a robbery which included some money and his gold watch and chain, stolen from a railway truck in the Wodonga railway yards. The riding gallery and other belongings had been placed on the truck in Albury after the Albury show and sent on to Wodonga in transit to Wangaratta. Whilst in the Wodonga yards the truck was broken into and the goods stolen. Two of Weniger’s former employees, Herbert Backhouse and Edmund Pressard were subsequently charged with the robbery and sentenced to respective sentences of 3 and 9 months imprisonment, both with hard labour. In January 1916, Weniger’s Steam Riding Gallery was attacked by a group of rioting soldiers as a result of rising anti-German sentiment with the onset of World War 1. As a result, Anton Weniger terminated his interest and lease of the Steam Riding Gallery to his partner, William George Kelly. Although he had lived in Victoria for over 25 years and had been a naturalised Australian for 20 years, Anton Weniger was interned for the duration of World War 1 as an enemy alien. Anton Johannes Matthias Weniger died on 14 August 1923 and is buried in the Brighton General Cemetery, Melbourne, Victoria.This item is unique and has well documented provenance and a known owner. It forms part of a significant and representative historical collection which reflects the local history of Wodonga. It contributes to our understanding of domestic and family life in early twentieth century Wodonga, as well as providing interpretative capacity for themes including local history and social history.Digital image created from the Haeusler Glass negative collection. A large group of people standing around a Merry-Go-Round.At top left of Merry-Go-Round "A.WENIGER./MELBOURNE"wodonga pioneers, haeusler family, glass negatives, dry plate photography, carousel, anton weniger

The availability of reliable regular and frequent public transport was very important to the land speculators of the 1880s. Charles H James, an early land speculator, had large holdings in the Shire of Moorabbin at Black Rock, Sandringham and Mentone. In 1884 he was advertising the auction of 109 blocks of land at ‘Picnic Point’ in the Brighton Southern Cross.[1] He provided free railway passes and conveyance to the grounds to prospective buyers. A proposal to extend the Brighton Railway to Sandringham and Black Rock seemed remote in 1884 so James acted to resolve the lack of public transport by forming his own tramway company. From the discussion between the Council and James it was agreed that the Council would apply for permission to construct a tramway on Beach Road. By February 8, 1889 the horse drawn trams were running from Cheltenham Station to Rickett’s Point and from Sandringham Station to ‘Blackrock Corner’. Although stricken with financial problems for its entire existence, Beaumaris Tramway Company continued until 1915.Black and white image of two horses. harnessed to a double decker tram, being pulled along the tram tracks laid in the street. There are men sitting on the top level of the tram, in the open air. Other trams are lined up behind this one, although with no people in them. The tram belongs to the Beaumaris Tramway Company.

bib, maps, p.80.non-fictionA thesis for the Master of Arts Preliminary Course of the History school at Melbourne University, on the empire building by the Victorian Railways with the Railway Construction act of 1884... known as the Octopus Act.victorian railways construction - history, railway expansion - victoria - history

BHS CollectionPale grey cover, booklet: mining By-Laws of and for the State of Victoria' Priced 1/- , containing extracts from the Mines Act 1958 relative to Claims on Private Land & etc. Written on top in pen 'P.E. Clarke, State Mining Engineer' 37 pages. Contains information regarding a wide range of mining practices e.g. 'dredging and sluicing claims' 'it shall not be lawful for any area exceeding five acres in extent to be held as a dredging claim or as a sluicing claim'.bendigo, mining, mining by-laws

Report - approx. 90 A4 photocopied sheets, within a green cover preprinted for "The Met", titled "Wattle Park" containing many documents concerned with the history of Wattle Park and its status legally within a black comb binder. Comprises: 1 - Map 2 - two page letter from Tom Roper Minister for Planning and Environment to Jim Kennan Minister for Transport dated 22/11/1988. 3 - two page history 4 - two page extract from the Nov - Dec 1966 issue of MMTB News 5 - 23 pages - handwritten "Notes of Address on early history of Wattle Park given by A. J. Holt to the Box Hill Historical Society Nov. 1986. 6 - 10 page extract of the Act authorising the HTT to acquire the land and extracts from Hansard 7 - 4 page letter by the Office of the Solicitor to The Met Property department 1/12/1986 about the use of the land and charging fees for its use. 8 - 15 page legal advice re the use of the land and its permitted uses. 9 - 13 page follow up advice by P. N. Wikrama dated 20/6/1989 10 - 6 page photocopy of the certificates of title. Each section separated by a green sheet.trams, tramways, wattle park, legal agreements, htt, mmtb, the met, minister for transport

Brown coloured file folder marked "Tramway Acts" containing hand written and type written notes on the various MMTB Acts, generally c1945 to 1948 - multiple copies of the same document involving Land Acquisition, Appeals Board, powers under the Act, WW2 National Security Act (under which the Essendon Airport and Maribyrnong or Munitions tramways were built) repeal, buses, and orders in council.trams, tramways, mmtb, acts of parliament, world war 2, appeals, unions, essendon airport, west maribyrnong, munitions factory

Act of Victorian Parliament, 8 pages, No. 6594 - "An Act to provide for the Grant of certain Lands to the After Care Hospital, the Melbourne District Nursing Service, the Victorian Civil Ambulance Service, St Georges Hospital, the Royal Talbot Colony for Epileptics, the Ballarat Orphanage and the Melbourne and Metropolitan Tramways Board respectively. Page 4 and 7 detail a block of land that the Board could have purchased for a major bus depot in Footscray Road for 60,175 pounds.trams, tramways, tramways, acts of parliament, mmtb, buses, depot, footscray rd, construction

Book - dark green card stippled cover, originally bound it would appear for Act 3732. See Reg Item 2120 for the reprint. Remains of the Act in the book, with an index, with well used pages, red pen marks noting changes and the following loose 39 Acts or documents. Also has some hand written notes. 1. - Act No. 3243 - 1922 - Construction of West Brunswick tramway 2 - Extract of Govt. Gazette - 22/10/1958, extension in Park St Kilda 3 - 3515 - 1927 - Spencer St Bridge 4 - 6516 - 1957 - King St Bridge 5 - 3824 - 1929 - changes to the MMTB Consolidation Act of 1928 6 - 3902 - 1930 - ditto 7 - 3941 - 1930 - ditto 8 - 3943 - 1930 - Revision of Statute Law - minor change to the MMTB Act 9 - 3994 - 1931 - changes to the MMTB Consolidation Act of 1928 10 - 4179 - 1933 - ditto 11 - 4255 - 1934 - ditto 12 - 4288 - 1935 - appointment of a public works committee and its powers. 13 - 4445 - 1936 - conveyance of land at Port Melbourne 14 - 4546 - 1938 - construction of Doncaster Road, Camberwell 15 - 4598 - 1938 - changes to the MMTB Consolidation Act of 1928 16 - 4710 - 1939 - ditto 17 - 4806 - 1941 - ditto 18 - 4898 - 1942 - ditto 19 - 4978 - 1943 - Hanna St to Market St tramway, South Melbourne 20 - 5106 - 1945 - changes to the MMTB Consolidation Act of 1928 21 - 5140 - 1946 - Nicholson St East Brunswick tramway 22 - 5141 - 1946 - tramway for Burke Road from Whitehorse Road to Doncaster Rd. 23 - 5160 - 1946 - changes to the MMTB Consolidation Act of 1928 24 - 5206 - 1947 - ditto 25 - 5233 - 1947 - ditto 26 - 5322 - 1948 - Latrobe St to Victoria St tramway 27 - 5342 - 1948 - changes to the MMTB Consolidation Act of 1928 28 - 5367 - 1949 - changes to the MMTB Consolidation Act of 1928 29 - 5615 - 1951 - relating to the salaries of Judges and certain Public Officers 30 - 5645 - 1952 - relating to payments to Metropolitan Fire Brigades Board 31 - 5695 - 1953 - joining of the Footscray and Maribyrnong Tramways 32 - 5756 - 1953 - changes to the MMTB Consolidation Act of 1928 33 - 5757 - 1953 - Revision of Statute Law - minor change to the MMTB Act 34 - 5784 - 1954 - changes to the constitution and powers of the MMTB 35 - 5814 - 1954 - relating to the Infectious Diseases Hospitals 36 - 5914 - 1955 - changes to the Law relating to Limitation of Time for commencing Actions and Arbitrations 37 - 5970 - 1956 - relating to the salaries of certain Public Officers Unknown who made the book - made for an MMTB officer. Binds the original Act's printed by the various Government Printers at the time. Some multiple copies of the various Acts included.Inside front cover on first page in ink "Mr. J. Cass" and in other locations as well.trams, tramways, tramways, acts of parliament, mmtb, park st, spencer st, bridges, king st, port melbourne, doncaster rd, burke rd, nicholson st, latrobe st, hanna st, mfbb, hospital, finances, east brunswick, footscray, maribyrnong

Drawing - hand coloured titled "Footscray and Maribyrnong Tramway Construction - Act 1953 - Showing the type of track for the electric tramway jointing the Footscray and Maribyrnong Tramways", dated 13/11/53. Details the streets, land types, road crossings, track types and has a reference to the Order in Council for the tramway construction.Has a ink note along the bottom edge "13/11/53 Sample copy"trams, tramways, footscray, maribyrnong, new tramway, order in council, acts of parliament

Originally Wellers Hotel, it was constructed by Edward Weller in 1872. Following his death in 1883 it was taken over by his widow, Mary Weller. The hotel was delicensed in 1909 and converted to a private residence. Around 1920 William Pitman bought the property, succeeded by his son Vernon who coined the term Pittman's Corner. Vernon and Isabel Pitman owned the house form 1945-1973. Following Vernon's death, Isabel remained there till her death in 1983. The property was converted to a restaurant in 1984 by owners Robert and Kath Hendry who undertook extensive renovations in 1988. Shawn and Stephanie Wolfe purchased the property from the Hendrys in 2003 and introduced live entertainment with many famous bands and entertainers from the 1960s, 1970s and 1980s performing there, including James Reyne, Daryl Barithwaite, Brian Cadd and Billy Thorpe. In 2014 the Wolfe's sold the property and the entire contents were sold at auction. New (local ) owners Gregory Anderson, Craig Jones and Steve Gist refurbished the property and relaunched it as Fondata 1872 in 2017. Covered under Heritage Overlay, Nillumbik Planning Scheme. Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p87 A low-lying brick building at a turn on the main road, on the way to Kangaroo Ground, was once a welcome resting place for travellers. In the late 19th century Weller’s Pub, as it was called then, provided a store and an overnight stopping place and changing post for Cobb & Co coaches. The coaches were bound for the Caledonia Goldfields, near Queenstown (now St Andrews) and the Woods Point gold mines.1 Builder Edward Weller constructed the hotel and store on three acres (1.2 ha) in 1872 and after he died in 1883, his widow, Mary, continued to run the hotel, which was delicensed in 1909. This was not the first enterprise Weller ran in the district. In about 1866, he came to Kangaroo Ground and rented a general store and nine acres (3.6 ha) of land. The store, opposite the present school, was on the site of the present store and Weller also acted as the postmaster there. Mrs Weller was born in Scotland in 1841 and came to Victoria with her parents in about 1852. After two years in Melbourne the family moved to the Caledonia Goldfields where they remained for several years during which time she married Weller. The couple subsequently had five sons and five daughters. Weller’s Pub was made of handmade bricks fired from clay dug on the property. The pub must have been a haven on hot days with its 40cm thick walls throughout. One quaint reminder of its early use is that every room except the dining room has an outside door. Inside, the pub was converted to a home with extra doors connecting the inside rooms. There is no trace of the original bar room in the present dining room, where the steps leading to the cellar were bricked in. An unusual feature is the pressed metal which lines the ceilings, yet with moulding and white paint, looks like plaster. The main road once passed the back of the building and wound up to the top of the hill through a cutting. This steep hill was known to the bullock drivers in the early days, as Salvation Hill, because they were always very glad to reach its peak. After the hotel was delicensed it was converted to a private residence and extensive renovations were made, changing much of its design from a Victorian to an Edwardian style.2 Between 1912 and 1915, Gordon Cameron, a Cobb & Co coach driver and his wife rented the former hotel. Mr Cameron was related to the parliamentarian Ewen Cameron of Pigeon Bank, Kangaroo Ground, and his wife was related to Albert Pepper who owned Pigeon Bank from 1916 to 1919, when Gordon Cameron bought it. About 1920 William Pitman bought the property, which in turn was owned by his son, Vernon, who coined the name Pitman’s Corner. He and his wife Isabel owned the house from 1945 to 1973. Then as a widow Isabel Pitman lived there until her death in 1983.3 In 1984 the property was converted to a restaurant by owners P A Tribe, a barrister, his wife Sharon, and Robert and Kath Hendry. Extensive renovations maximised the splendid views of the Dandenong Ranges and the Yarra Valley.This collection of almost 130 photos about places and people within the Shire of Nillumbik, an urban and rural municipality in Melbourne's north, contributes to an understanding of the history of the Shire. Published in 2008 immediately prior to the Black Saturday bushfires of February 7, 2009, it documents sites that were impacted, and in some cases destroyed by the fires. It includes photographs taken especially for the publication, creating a unique time capsule representing the Shire in the early 21st century. It remains the most recent comprehenesive publication devoted to the Shire's history connecting local residents to the past. nillumbik now and then (marshall-king) collection, eltham-yarra glen road, fondata 1872, kangaroo ground, wellers restaurant, billy thorpe, brian cadd, craig jones, daryl barithwaite, edward weller, gregory anderson, hotels, james reyne, kath hendry, mary weller, restaurants, robert hendry, shawn wolfe, stephanie wolfe, steve gist

Document: buff leather hard covered journal. On spine on red rectangle ' Land sales by public auction' written in gold. On bottom of spine 'Lands and Survey' written in gold on black. On base of spine '4' printed in black. Pages contain details of sales of crown lands by public auction Act 25, Victoria 145. Alphabetical index of counties inside front cover. 443 numbered pages. LH side columns, number, county, parish, section, allotment sold, unsold, price. RH page - improvements, purchaser, residence, amount, later sales have printed notices pasted in. Dated 27 April 1864 to 7 October 1892.Lands and Survey Dept.place, bendigo, sandhurst, crown land, public land auctions, land sales.

On 15 December 1994 the former Shire of Eltham ceased to exist following the Liberal Kennett Government local council amalgamations. A new Nillumbik Shire Council was established with unelected commissioners appointed. That Council sold the former Eltham Shire Council Offices and land at 89S Main Road Eltham to Dallas Price Homes Pty. Ltd. the sale being conditional upon the granting of a planning permit for a petrol station/convenience store, fast food and video outlet. The sale was conditional that if the permit was not granted by 30 August. 1997, the contract could be avoided by either the purchaser or the vendor. The proposed development consisted of a petrol station with undercover fuelling facilities, convenience shopping, a drive through service facility for fast food, an 80 seat cafe, automated banking, a children's play area and retail space. In addition, the proposal included a 200 square metre community facility for Council use, provision of on site carparking over 2 levels for 83 vehicles, and advertising signage. The Advisory Committee was appointed under Section 151 of the Planning and Environment Act 1987 to hear submissions on the proposal to develop the land at 895 Main Road Eltham, the site of the former Eltham Shire Offices. In September 1996, two applications were made by Contour Consultants Australia Pty Ltd on behalf of Dallas Price Homes Ply Ltd, to Nillumbik Shire Council. After extensive notification, the Council received 213 objections and a petition of over 1400 signatures. On October 9, 1996, Nillumbik Shire Council issued Notices of Decision to Grant Permit on Applications number 96/03376 and 96/0377 for the use and development of the land as a convenience Centre consisting of a petrol station, convenience store, cafe/takeaway food premises, a retail facility and a community facility, with associated advertising signs. Objectors to the proposals lodged Planning Appeals number 96/40724 and 96/40812 with the Administrative Appeals Tribunal on November 1, 1996. The grounds of appeal can be summarised as: inappropriate development, insufficient carparking, traffic and access issues, unsatisfactory design, inadequate permit conditions, the proposal being out of character with the area. and being contrary to the purpose and orderly development of the Eltham Town Centre, excessive noise, lack of consultation and unsuitable signage. On November 13, 1996, the Minister for Planning and Local Government directed the Registrar of the Administrative Appeals Tribunal. under Section 41 (1) (a) of the Planning Act 1980, to refer the Appeals to the Governor in Council for determination without a hearing or recommendation by the Tribunal. The Minister for Planning and Local Government called in the Appeals as he considered that they raised major issues of policy relating to the facilitation of development in accordance with the objectives set out in Section 4 of the Planning and Environment Act 1987, and that determination of the Appeals could have a substantial effect on the achievement of these planning objectives. The Minister required the Advisory Committee to consider the planning merits of the proposed use and development, and to address the issues raised in the objections. The Advisory Committee was required to produce a report providing: • The Committee's response to the matters detailed; • Relevant supporting information for the Advisory Committee's recommendation; and • A description of the proceedings conducted by the Advisory Committee and a list of those consulted or heard by the Committee. In March 1997, elections were held in the Shire of Nillumbik and the view of the new Council to this proposal differed from the view held by the earlier Council Hence the Submission made to the Committee by the Shire was against the decision by the Shire of Nillumbik to issue the Notices of Decision to Grant a Permit. The Recommendations of the Advisory Committee were: i. The cafe and take away food premises are as of right uses and are therefore allowable, but that shop and petrol station are unacceptable uses. A community facility is a discretionary use and is acceptable. ii. A development of the type and scale proposed is totally inappropriate for this land and that the Applications number 96/03376 and 96/0377 for the use and development of the land as a convenience Centre consisting of a petrol station, convenience store, café/takeaway food premises, a retail facility and a community facility, with associated advertising signs, be refused. iii. The land should be rezoned for public purposes and should remain in the community's ownership for community use. 895 main road, advisory committee, dallas price homes, eltham, eltham shire office, nillumbik shire council, planning application, administrative appeals tribunal

On 15 December 1994 the former Shire of Eltham ceased to exist following the Liberal Kennett Government local council amalgamations. A new Nillumbik Shire Council was established with unelected commissioners appointed. That Council sold the former Eltham Shire Council Offices and land at 89S Main Road Eltham to Dallas Price Homes Pty. Ltd. the sale being conditional upon the granting of a planning permit for a petrol station/convenience store, fast food and video outlet. The sale was conditional that if the permit was not granted by 30 August. 1997, the contract could be avoided by either the purchaser or the vendor. The proposed development consisted of a petrol station with undercover fuelling facilities, convenience shopping, a drive through service facility for fast food, an 80 seat cafe, automated banking, a children's play area and retail space. In addition, the proposal included a 200 square metre community facility for Council use, provision of on site carparking over 2 levels for 83 vehicles, and advertising signage. An Advisory Committee consisting of Dimitry Reed and Margaret Pitt was appointed under Section 151 of the Planning and Environment Act 1987 to hear submissions on the proposal to develop the land at 895 Main Road Eltham, the site of the former Eltham Shire Offices. In September 1996, two applications were made by Contour Consultants Australia Pty Ltd on behalf of Dallas Price Homes Ply Ltd, to Nillumbik Shire Council. After extensive notification, the Council received 213 objections and a petition of over 1400 signatures. On October 9, 1996, Nillumbik Shire Council issued Notices of Decision to Grant Permit on Applications number 96/03376 and 96/0377 for the use and development of the land as a convenience Centre consisting of a petrol station, convenience store, cafe/takeaway food premises, a retail facility and a community facility, with associated advertising signs. Objectors to the proposals lodged Planning Appeals number 96/40724 and 96/40812 with the Administrative Appeals Tribunal on November 1, 1996. The grounds of appeal can be summarised as: inappropriate development, insufficient carparking, traffic and access issues, unsatisfactory design, inadequate permit conditions, the proposal being out of character with the area. and being contrary to the purpose and orderly development of the Eltham Town Centre, excessive noise, lack of consultation and unsuitable signage. On November 13, 1996, the Minister for Planning and Local Government directed the Registrar of the Administrative Appeals Tribunal. under Section 41 (1) (a) of the Planning Act 1980, to refer the Appeals to the Governor in Council for determination without a hearing or recommendation by the Tribunal. The Minister for Planning and Local Government called in the Appeals as he considered that they raised major issues of policy relating to the facilitation of development in accordance with the objectives set out in Section 4 of the Planning and Environment Act 1987, and that determination of the Appeals could have a substantial effect on the achievement of these planning objectives. The Minister required the Advisory Committee to consider the planning merits of the proposed use and development, and to address the issues raised in the objections. The Advisory Committee was required to produce a report providing: • The Committee's response to the matters detailed; • Relevant supporting information for the Advisory Committee's recommendation; and • A description of the proceedings conducted by the Advisory Committee and a list of those consulted or heard by the Committee. In March 1997, elections were held in the Shire of Nillumbik and the view of the new Council to this proposal differed from the view held by the earlier Council Hence the Submission made to the Committee by the Shire was against the decision by the Shire of Nillumbik to issue the Notices of Decision to Grant a Permit. The Recommendations of the Advisory Committee were: i. The cafe and take away food premises are as of right uses and are therefore allowable, but that shop and petrol station are unacceptable uses. A community facility is a discretionary use and is acceptable. ii. A development of the type and scale proposed is totally inappropriate for this land and that the Applications number 96/03376 and 96/0377 for the use and development of the land as a convenience Centre consisting of a petrol station, convenience store, café/takeaway food premises, a retail facility and a community facility, with associated advertising signs, be refused. iii. The land should be rezoned for public purposes and should remain in the community's ownership for community use. Following this, the Minister for Planning and Local Government, the Hon. Robert Maclellan, appointed Mr. Paul Jerome as an Advisory Committee under section 151 of the Planning and Environment Act 1987 to consider a Convenience Centre and an alternative proposal by Iha Shire of Nillumbik being the Eltham Gateway Community Precinct Concept Plan for the site of the former Shire of Eltham municipal offices at 895 Main Road, Eltham. In summary, the terms of reference for the Advisory Committee required it to: • consider the merits of the Council proposal • examine the merits of both proposals in terms of net community benefit • address the report of the previous Advisory Committee on the Convenience Centre proposal The Advisory Committee inspected the site and considered all the material before It including submissions made by all parties to the previous Advisory Committee and correspondence received by the Department of Infrastructure both before and after that Committee submltted its report. The Advisory Committee also held discussions with the following people: • Cr. Robert Marshall • Cr. Margaret Jennings • Cr. Lex de Man • Mr. Dallas Howgate of Dallas Price Properties, also Dallas Price Homes • Mr. Barry Rochford, CEO, Shire of Nillumbik • Ms. Yvonne Rust, Planning Officer, Shire of Nillumbik • Mr. Gregory Burgess, Architect of the Eltham Library and of Council’s Community Precinct Concept Plan • Mr. Jim Connor representing Mrs Thelma Barkway of the Eltham Senior Citizens Club Having considered all the material before it, the Committee arrived at two basic conclusions. First, the DPP proposal should be rejected because, on its merits, It does not sufficiently satisfy the requirements of the planning scheme which is a statutory document. The planning scheme requires that, before making a decision on the permit applications for the DPP proposal, a range of matters must be considered. It follows that consideration of these matters should Influence the decision. These matters include local policies relating to character and amenity. In particular, these policies seek • to conserve and enhance the bushland/country atmosphere, artistic heritage and strong sense of community of the Eltham Town Centre by ensuring that the design and height of any new development is sympathetic to existing buildings • to achieve a pleasing physical environment within the Eltham Town Centre by encouraging a high standard of architecture and urban design • to encourage Improvement to pedestrian amenity through such facilities as open and shattered rest areas and meeting places, crossing facilities, pedestrian arcades, pedestrian links to car parks and pedestrian weather protection • to reduce conflict between vehicular traffic and pedestrian flows, and • to encourage pedestrian thoroughfares It is submitted, as set out In the main body of this report, that the DPP proposal fails substantially to meet these policies and In so doing does not merit the exercise of discretion In Its favour with the Issuing of a permit. This finding is not offset by the investment and employment attributes of the proposal. They do not override the need to comply with the planning scheme. Second, the Council proposal, on Its own merits, substantially meets all statutory requirements applicable to this site with a possible reservation about car parking and traffic management which need further definition and assessment as the concept is refined. The Council proposal, however, has a serious weakness in that Its financial viability has not been adequately tested. The Committee refers to 'financial' rather than 'commercial' viability in recognition that Council owns the land and may enter into a range of agreements and partnerships to realise its concept some of which may be truly commercial and some of which may involve an element of subsidy arising from Council's involvement as a public body acting on behalf of its community. The Committee concludes that Council should be given the opportunity, within a reasonable timeframe to establish the financial feasibility of its concept and should develop a strategy for the future of Its land asset at 895 Main Road in the event that Its concept for the site cannot be realised. 895 main road, advisory committee, dallas price homes, eltham, eltham shire office, nillumbik shire council, planning application, administrative appeals tribunal