Showing 505 items
matching contract of sale
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Bendigo Historical Society Inc.
Document - H.A. & S.R. WILKINSON COLLECTION: CONDITION OF SALE
... Conditions of sale by private contract dated 15th. August... of sale by private contract dated 15th. August 1928 between T. E ...Conditions of sale by private contract dated 15th. August 1928 between T. E. Appoo and A. Jacka for property at 18 McClure Street, Ironbark described in Crown Grant volume 2471 folio 494141 together with 5-roomed stone, wood and brick dwelling for the price of 85 poundsorganization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - H.A. & S.R. WILKINSON COLLECTION: CONDITION OF SALE
... Conditions of sale by private contract dated 11th. December... of sale by private contract dated 11th. December, 1928 between ...Conditions of sale by private contract dated 11th. December, 1928 between Mary Devaney and Grace J. Wilkinson for property at 52 Nolan Street Bendigo, being Miners right No. 46167 certificate of registration No. 18002 for the price of 260 pounds.organization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - H.A. & S.R. WILKINSON COLLECTION: CONDITION OF SALE
... Conditions of sale by private contract dated 14th. December... of sale by private contract dated 14th. December, 1928 between G ...Conditions of sale by private contract dated 14th. December, 1928 between G. J. Wilkinson and M. Berry for land at corner Creek and Haman Streets Bendigo. The contract is marked Cancelled.organization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - H.A. & S.R. WILKINSON COLLECTION: CONDITION OF SALE
... Condition of sale by private contract dated 14th. December... of sale by private contract dated 14th. December, 1928 between G ...Condition of sale by private contract dated 14th. December, 1928 between G. J. Wilkinson and M. Berry for land at corner Creek and Haman Streets Bendigo together with 5-roomed dwelling for the price of 350 pounds.organization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - H.A. & S.R. WILKINSON COLLECTION: CONDITION OF SALE
... Condition of sale by private contract dated 18th. December... of sale by private contract dated 18th. December, 1928 between H ...Condition of sale by private contract dated 18th. December, 1928 between H. A. Wilkinson and D. R. Hay for block of land at corner of Creek and Haman Streets Bendigo described in Miner's right certificate No. 30714 together with 5-roomed dwelling for the price of 340 pounds.organization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - H.A. & S.R. WILKINSON COLLECTION: CONDITION OF SALE
... Condition of sale by private contract between L. & E. Cox... of sale by private contract between L. & E. Cox and G. J ...Condition of sale by private contract between L. & E. Cox and G. J. Wilkinson dated 12th. April, 1929 for tea room and pastry cook business at 190, Mitchell Street Bendigo for the price of 60 pounds.organization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - H.A. & S.R. WILKINSON COLLECTION: CONDITION OF SALE
... Condition of sale by private contract dated 23rd. March... of sale by private contract dated 23rd. March, 1929 between W. H ...Condition of sale by private contract dated 23rd. March, 1929 between W. H. Moyle and H. A. Wilkinson for land in Epsom Certificate of title Volume 4375, Folio 874926 together with 4-roomed dwelling for the price of 600 poundsorganization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - H.A.& S.R. WILKINSON COLLECTION: CONDITION OF SALE
... Condition of sale by private contract dated 29th. June... of sale by private contract dated 29th. June, 1929 between A. Jack ...Condition of sale by private contract dated 29th. June, 1929 between A. Jack and C. R. J. Waight for property at 32 Curnow Street Bendigo described in Miner's right certificate of registration No. 30732 together with 5-roomed weatherboard dwelling for the price of 485 pounds.organization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - H.A. & S.R. WILKINSON COLLECTION: CONDITIONS OF SALE
... Condition of sale by private contract dated 23rd . March... of sale by private contract dated 23rd . March, 1929 between H ...Condition of sale by private contract dated 23rd . March, 1929 between H. A. Wilkinson and W. H. Moyle for property located at 52 Nolan Street, Bendigo described in certificate of registration, Miner's right number 30830. Together with 5-roomed weatherboard dwelling for the price of 525 pounds.organization, business, h.a. & s.r wilkinson real estate -
Bendigo Historical Society Inc.
Document - COHN BROTHERS COLLECTION: CONTRACT TO PURCHASE SWAN HILL LAND
[a] Manilla envelope with Cohn Victoria Brewery printed on reverse flap. Typed front caption 'Contract of Purchase Swan Hill Land. 28/12/22, Handwritten No 3 , and Sale Note. [b] Handwritten sale note on Allan Connell & Co Swan Hill Auctioneer printed paper dated Dec 28th 1922, specifying sale conditions and particulars of land. [c] Handwritten particulars of land owned by O G Burton and sold to Cohn's for proposed cordial factory site. £305 purchase amount.bendigo, industry, cohn bros brewery -
Bendigo Historical Society Inc.
Document - CURNOW COLLECTION: FORM PARTICULARS AND CONDITONS OF SALE, 1910 - 1920?
... of sale by Private Contract'. Four page form. Printer... (unused) form for 'Particulars and conditions of sale by Private ...a. Blank (unused) form for 'Particulars and conditions of sale by Private Contract'. Four page form. Printer: The Cambridge Press; b. Form 'By J. F. Kelly, Market Buildings, Hargreaves St'; c. as for a.The Cambridge Press.person, individual, curnow collection -
Bendigo Historical Society Inc.
Document - CURNOW COLLECTION: FORM PARTICULARS AND CONDITIONS OF SALE, 1920 -1930's
... Blank (unused) form - 'Particulars and Conditions of Sale... - 'Particulars and Conditions of Sale'. 'by Private Contract' (by) J. H ...Blank (unused) form - 'Particulars and Conditions of Sale'. 'by Private Contract' (by) J. H. Lienhop & Co. Special Land Salesmen, Williamson Street, Bendigo. Printer: Cambridge Press. Four pages, single-fold form.person, individual, curnow collection -
Bendigo Historical Society Inc.
Document - W.D.MASON COLLECTION: CONDITIONS OF SALE, 10 June 1929
... , Conditions of Sale by Private Contract, Mr. W.D.Mason to Mr... dated 10.6.1929 , W.D.Mason Collection, Conditions of Sale ...Legal Document dated 10.6.1929 , W.D.Mason Collection, Conditions of Sale by Private Contract, Mr. W.D.Mason to Mr. H.A.Jeffery. J.W.Carter, Property Salesman, Finance & Insurance Agent, 61 Bull Street, Bendigo. Property sold for sixty pounds.J.B.Ross, Print, Bendigo.business, retail, w d mason -
Bendigo Historical Society Inc.
Document - W.D.MASON COLLECTION: CONDITIONS OF SALE, 01 June 1929
... , Conditions of Sale by Private Contract, Mr. W.D.Mason to Mr... of Sale by Private Contract, Mr. W.D.Mason to Mr. C.T.Colclough ...Legal Document dated 1.6.1929 , W.D.Mason Collection, Conditions of Sale by Private Contract, Mr. W.D.Mason to Mr. C.T.Colclough. J.W.Carter (Auctioneer : W.H.Howe).61 Bull Street Bendigo.F.H.Sparkman, Printer, Arcade, Bendigo.business, retail, w d mason -
Bendigo Historical Society Inc.
Document - W.D.MASON COLLECTION: CONDITIONS OF SALE, 29 July 1929
... Document, W.D.Mason Collection, Conditions of Sale..., W.D.Mason Collection, Conditions of Sale by Private Contract ...Document, W.D.Mason Collection, Conditions of Sale by Private Contract, J.W.Carter, Property Salesman, Finance, & Insurance Agent, 61 Bull Street, Bendigo. Phones 694,21,662,Day and Night.J.B.Ross, Print,Bendigo.business, retail, w d mason -
National Vietnam Veterans Museum (NVVM)
Manual, Australian Army, Australian Army: Department of Defence: Disposal of Centurion Tanks and Associated Spares and Equipments: Contract Documentation
A cream colouredmanual with the Department of Defence and logo in green. There are four coloured photographs of various Centurion tanks. Above the photograps in green ink reads Disposal of Centurion Tanks and Associated Spares and Equipments. Under the photographs also in gree reads Contract Documentationmilitary equipment, sale of centurion mk2 tanks -
Australian Gliding Museum
Machine - Glider – Sailplane, 1967
The Slingsby T53 glider was designed by J. Sellars in the 1960s as an easily maintained two seat trainer suitable for RAF Air Training Corp use and for sale in the USA and Australian markets where wooden gliders were becoming less popular. The Slingsby T53 prototype first flew in 1967. The T53B version has a conventional fixed tailplane with elevator instead of the all-moving tailplane of the original type. The “B” version also has ailerons of narrower chord and lacks wing flaps. Further changes were made to the fin (extended above the tailplane) for the final “C” version. Production of the T53 at Slingsby was disrupted by a fire at the factory in 1968. As a consequence the contract to supply 40 of the type to the RAF was cancelled and only a relatively small number (possibly 27) were made by Slingsby before the project was discontinued. The rights were later sold to Yorkshire Sailplanes. It designated the glider as the YS53 Sovereign – only a few were produced (possibly 3). The Australian Gliding Museum’s example is a type “B” model. It bears serial number 1686 and was manufactured in 1967. It was registered in Australia as VH-GUB in name of Boonah Gliding Club, Boonah, which is about 90 kilometres south west of Brisbane in Queensland. Locally it was called “the Bomber”! This exhibit is a representative example of the Slingsby T53 sailplane type. It is a rarity in Australia.All metal twin seat glider / sailplane, painted white with red tips and markings.“Slingsby T53B” on each side of fuselage below cockpit opening; Registration VH-GUB on each side of fuselage at rear.australian gliding, glider, sailplane, slingsby, t53, sellars, boonah gliding club, slocombe, boyle -
Whitehorse Historical Society Inc.
Document, F. S. Baker Real Estate Agent, 1950
... , Sale signs, Contract, The Real Estate and Stock Institute..., Sale signs, Contract, The Real Estate and Stock Institute ...F. S. Baker Real Estate Agent business booksA collection of business booksnon-fictionF. S. Baker Real Estate Agent business booksbaker f s, real estate agents -
Ballarat Tramway Museum
Newspaper, The Courier Ballarat, "Housing plan for tram depot site", 19/06/1972 12:00:00 AM
Newspaper clipping from The Courier, Ballarat, dated Monday, June 19, 1972 titled "Housing plan for tram depot site". Reports on the sale of the former tram depot on Saturday June 17 for $54,500. The purchaser expected to start development of housing on the site within three months. Reports on the sale, purchaser and SEC's views. Features a photo of Edgar Bartrop reading the contract. Others in the photo are Bruce Bartrop, SEC Estate officer, Mr. R. Morrison and SEC Manager Mr. I. F. Pellas. One of a large group of newspaper cuttings from John Bainbridge, 7/4/02.depot, buildings, auctions, bartrop -
Bendigo Historical Society Inc.
Document - IAN DYETT COLLECTION: AUCTION CATALOGUE - ANDERSONS (R.G. LONG) QUARTZ CRUSHING ALLENDALE
Three red covered auction catalogues for a sale on the 7th April, 1976 at Andersons (R. G. Long) Quartz Crushing Pty. Ltd. And Allenvale Mining & Contracting Pty. Ltd., Bendigo. Crushing and Quarrying Plants. For sale were Corr. Iron building, excavators, front end loaders, electric crane on Chev. 6 x 6 truck, compressors, tip trucks, primary and secondary crushers, electric motors, elevators, steel workshop and general plant and equipment. Also approx. 3/4 acre Freehold land. J. H. Curnow & Son Pty. Ltd. Were the auctioneers.business, auctioneers, j h curnow & son pty ltd, ian dyett collection - auction catalogue - andersons (r. g. long) quartz crushing pty. ltd, allenvale mining & contracting pty ltd, j h curnow & son pty ltd, f c dyett, c hill, i m dyett, bolton bros print -
Bendigo Historical Society Inc.
Document - Invoices to Mr. D. Dean
invoices circa 1965 Bendigo businesses and sales. The McIvor Brick Company began building work in 1950 making this a fairly early invoice. D N Dean was Douglas Niven Dean (1917-2000)Miscellaneous invoices related to Mr. Douglas Dean, 26 Bolt Street, Long Gully: 10558a Contract for transfer of property (legal document Hyatt, Willis & Hyatt Solicitors, Bendigo) 10558b State of Victoria, Motor Car Act 1958 transfer of sale for a standard sedan Rego No HXP 668 from Mr. J. Wells to Mr. D. Dean on 8 Feb. 1965 10558c Miscellaneous invoices related to purchases by M. D. Dean, 26 Bolt Street, Long Gully (Eight from Bendigo Timber Co. Ltd., One from McIvor Brick Co. Ltd.)motor registration, property transfer, dean -
Federation University Art Collection
Ceramic, Gladys Reynell et al, Blue Bowl By Osrey, 1923
Gladys REYNELL (04/091881 - 16/11/1956) Born Glenelg, South Australia Gladys Reynell was South Australia's first studio potter and the first Australian artist to apply modernist principles to the crafts. For four years she worked from Ballarat. Osrey Pottery Ballarat operated between 1922 and 1926 by Gladys Reynell and George Osborne. The name of the pottery was an acronym formed from their surnames. Gladys Reynell, her sister Emily and brothers Rupert and Carew supported the war effort during World War One. Rupert Reynell was a neurologist who valued handicrafts in the rehabilitation of shell-shocked soldiers. He influenced Gladys and Margaret Rose (Rose) McPherson (later known as Margaret Preston) to learn pottery at the Camberwell School of Arts and Crafts, London, in 1916. Next year a friend sent Gladys some Kangaroo Island clay which excited her: 'I thought then that it could be the most delightful thing on earth to make pots in Australia from virgin clay'. In 1918 Gladys and Rose began teaching pottery to soldiers at Seale Hayne Neurological Hospital, Devon. In September 1919 Gladys Reynell came home in September due to her father's illness. She established the Reynella Pottery and became responsible for all stages of pottery production. Using a seasoned dump of buff-coloured clay from a well at nearby McLaren Vale Gladys Reynell built and fired her own kiln; threw simple, robust forms based on early European folk pottery; and decorated them with designs inspired by both Aboriginal art—one of the earliest to use this as a source. Gladys Reynell decorated her earthenware pottery with the characteristic rich 'Reynella blue' slip. On 14 August 1922 at St Mary's Church, Edwardstown, Gladys married George Samuel Osborne, an ex-serviceman and gardener at Reynella; they had no children. Between 1922 and 1926 they set up Osrey Pottery In Ballarat. Gladys produced pottery for sale at fairs with George as her assistant. She would throw her pots in the street, causing a sensation. In 1926 George contracted lead poisoning from lead in the glazes. They moved to rural Curdievale where Gladys resumed painting and making woodcuts. From 1939 Gladys and George lived in Melbourne. In World War II she worked in the army pay corps, in the Taxation Office, and as a translator of French. Gladys died of cancer on 16 November 1956; her husband scattered her ashes at Reynella. Her ceramics, the work of one of Australia's earliest studio potters, have been avidly collected since the late 1960s and are in most major art galleries. Small blue glazed ceramic bowl incised around the top with a decorative frieze. Incised on the base "(Dam Clay) Ballarat 1923, Osrey"gladys reynell, osrey pottery, blue bowl, incised bowl, australian studio pottery, ceramics, native clay -
Eltham District Historical Society Inc
Photograph - Digital Photograph, Alan King, Allwood House, Hurstbridge, 16 April 2008
Allwood - built in 1894 by Henry Hurst’s relatives, stands near the site of his house, which was demolisherd in the 1940s. Until 1924 Hurstbridge was known as Allwood. The building, one of the district's oldest is situated back from the corner of Arthurs Creek Road and Main Road. Covered under Heritage Overlay, Nillumbik Planning Scheme Published: Nillumbik Now and Then / Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p17 Hurst, who was a surveyor, came to Melbourne in 1852 by default, as on the way to Sydney he contracted typhoid and was off-loaded in Melbourne. Deciding to settle near Melbourne, he selected some land near the present Eltham railway station and was one of the first to grow crops there.2 But disaster struck again, when his shack was looted and burned, while he was carting goods for sale to nearby goldfields. It was then that Hurstbridge’s first settler, Cornelius Haley, asked Hurst to manage his 160 acres (65ha) grazing property and 9000 acres (3443ha) of leased land where the present Hurstbridge stands. Hurst proved equal to the tough conditions and he and his brother, Fred, cut a track with a bullock team from the property to Romsey, where Haley had selected some land. Hurst also put up a bridge across the creek near his house, after which Hurstbridge was named. He ran the property helped by two ticket-of-leave men and others, several of whom were sailors who had abandoned ship in search of gold, and were working there temporarily. In 1866, only 14 years after coming to Australia, Hurst met an early tragic death. One day a bushranger named Burke came to the house and demanded a horse. Hurst thought the bushranger might be an officer in search of runaway sailors3 and anyway, did not like the look of him, so he refused. A tussle followed and apparently Hurst shot first.4 He was shot and died five hours later from loss of blood. Later, troopers found Burke, who was subsequently hanged. The event is recorded in the Old Melbourne Gaol. The government offered the family £500 but the family refused it as ‘blood money’. Hurst’s father, Robert, even signed a petition against the bushranger’s death, claiming one life did not replace another. Hurst’s family continued to live in the district and saw a rise in their fortunes. They bought Haley’s cattle station and built the present Allwood House, using the original home as an orchard packing shed. The present Victorian style timber house had several outbuildings including a blacksmith’s shop. The property passed on to William Gray, an orchardist and nurseryman, who married Hurst’s grandniece, Frances. The business boomed from the early 1900s when it supplied most of the orchards in the area. Gray was Eltham Shire’s President for two terms and was asked to stand for parliament, but his wife’s illness and other family commitments prevented him from doing so. Then several calamities drove the family to bankruptcy. During World War One, Gray lost more than one million pounds on trees shipped overseas, which the Lloyd’s company had refused to insure. Other factors, including the Great Depression, ruined the family’s fortunes. The land was reduced from more than 640 acres (256ha) to 50 acres (20ha) and the older members married and left. After Mr Gray died, the house was leased, until his daughter Sheila Ferguson and her husband Gordon settled there in 1951, after buying it from other family members. However in 1975 the Shire designated the property as a passive recreation reserve. The Ferguson family sold most of the land, leaving the house on 0.6 hectares.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, hurstbridge, henry hurst, allwood house -
Eltham District Historical Society Inc
Document - Report, Dimity Reed et al, Advisory Commlttee Hearing on Permit Applications 96/0376, and 96/0377, and on Planning Appeals 96/40724 and 96/40812 re a proposed convenience centre at 895 Main Road, Eltham, June 1997
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 -
Eltham District Historical Society Inc
Document - Report, Paul Jerome, Advisory Committee on a Proposed Convenience Centre and an Alternative Shire Proposal - Eltham Gateway Community Precinct Concept Plan - 895 Main Road Eltham, October 1997
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