Purchased from Regimental funds in 1910 and presented by HE the Governor of WA Sir Gerald Strickland, KCMG, at a parade held on the Esplanade, Perth, 18 February 1911. Consecrated by the Right Reverend COL. Riley, DD, VD, Senior Chaplain of the Australian Commonwealth Military Forces. This colour was subsequently inherited by successor units to the 11th Australian Infantry Regiment (Perth Regiment), including 88th (Perth) Infantry, 11th Battalion (The Perth Regiment) and 11th/16th Battalion. The colour was handed over to the Perth City Council at a special parade of the 11th/16th Battalion held in Forrest Place on 2 June 1930, and was laid up in the Council Chambers in Murray Street. Together with the other historic colours handed over at the time, this colour later went into storage when Council moved premises in the early 1960's. Perth City Council had some restoration work carried out on these colours in 1975 and later had them on display in their display room at Council House, St Georges Terrace. They were subsequently placed in storage again. Following negotiations by the Army Museum of WA Perth City Council passed on these colours to the Museum in November 1993 Red George Cross on a white background with red and white fringe. In the centre the regimental badge in gold within a wreath of Western Australian kangaroo paw and banksia, surmounted by the Crown. Below the wreath is the Battle Honour "SOUTH AFRICA 1900-02". In the upper canton is the roman numeral "I" (Note:- The official Battle Honour for South Africa granted to 11th Australian Infantry Regiment under Military Order 123/1908 and subsequently published in the Australian Army List, was "South Africa 1899-1902") regimental colour, military heraldry, battle honour

Brown wooden honour board with gold text and separate panels for a large heading reading DUX and a footer reading HONERE ET LABORE.DUX 1909 A. Mahony 1910 A. Mahony 1911 P. Sims 1912 E. Pope 1913 F. Coperthwaite, M. Pearce 1914 G. Mason 1915 G. Home, I. Ridd 1916 E. Bray 1917 B. Brown, C. Brown 1918 H. Beeby, I. Howell 1919 H. Hansen 1920 H. Gambold 1921 A. Hinchley 1922 M. Malcolm 1923 S. Muntz 1924 F. Conner 1925 C. Burton 1926 C. Burton 1927 A. Francis 1928 A. Gerrard, E. Holloway 1929 E. Cowper 1930 M. Wray 1931 P. McDonald 1932 D. Keir 1933 S. Butler 1934 T. Walpole 1935 A. Sisely 1936 R. Bayliss 1937 I. Hicks, C. McKissack 1938 G. Jameson 1939 R. Simms 1940 V. Blatch, W. Smyth 1941 G. Grose, R. Short 1942 J. Fiddes, G. Sadler 1943 R. Wood 1944 J. George 1945 J. George 1946 R. Borschman 1947 G. Welton 1948 S. Davies, J. Ruxton 1949 J. Bradshaw 1950 L. Hogan 1951 U. Martin 1952 K. Mauger 1953 E. Canning 1954 C. Park 1955 A. Kentmann 1956 V. Crowther 1957 P. Waizer 1958 K. Rogers 1959 M. Scambler 1960 K. Anker 1961 M. Dundas 1962 M. Anker 1963 M. Berry 1964 B. Handsen 1965 R. Ritchens 1966 I. Bryce 1967 R. Anker 1968 C. Douglas 1969 S. Ilsley 1970 E. A. Miles 1971 B. Reeckman 1972 R. Withers 1973 C. Macklin 1974 S. Curtis 1975 S. Ingarfield 1976 G. Kilninster 1977 D. Wilkinson 1978 D. Cardwell 1979 A. Stewart 1980 M. C. Kilminster 1981 R. J. Kneebone 1982 J. A. Nicholls 1983 C. Grant 1984 A. Peipers 1985 H. Lowe 1986 S. Batten 1987 M. Evans 1988 D. Batten 1989 L. Kirby 1990 H. McDonald 1991 J. Bevacoua 1992 O. Roodenburg 1993 J. Campbell 1994 B. Akers, J. Heywood 1995 K. Kneebone 1996 P. Akers 1997 D. Martin 1998 J. Flanigan 1999 W. Makin 2000 M. Ashmead 2001 L. Smith 2002 T. Hartwing 2003 L. Smith 2004 R. Holgate 2005 H. Watkins, S. Findlay 2006 L. Watkins 2007 L. Watkins 2008 J. Elliot HONERE ET LABORE

Photocopies and original of 'Back to Mandurang' Souvenir. Celebration 1938. Contains the history of Mandurang and many of the local residents, the industries and agricultural pursuits. Names mentioned are: Mrs Thomas, Les Nankervis, Geo McGuire, Pinche, Mr Coghill, Mr Fenton, Atkinson's Station, John T Deravin, Wine Hall, Church, Kerr's Hotel, Tannery, Mr Panton, John Billman, Sheepwash Creek, Emu Creek, Port Phillip District (Victoria), Mr Charlesworth, Sam Snowden, Mr Grant, Grant's Land Act, Mr Montgomery, Mr McEncroe, Mr Wyeland, John Smith, Mr Adams, Geo Kofoed, Monti, Mr Ewing, Wm Ewing, Geo Green, Jim Green, Green Bros, Wm Keating, Mandurang Hotel, J B Loridan, Mr Lansell, 'General Grant', August Heine, Mr Myers, Mr Barth, Phylloxeria, Mr Jones, Mr McGuire, James Hargreaves, Mr Bounty, E Huillier, Sam Martin, Mr Oldworth, Dr Backhaus, Andrew Monti, W Wenwright, Mr Munroe, Mr Eldridge, Wm Wright, W Thomas Lowe, Taylor, Sam Lowe, George Lowe, Wm Hargreaves, Albert E Pearce, Piccaninny Creek, G Sherriff, Mr Stein, Albert Stein, John Theodore Deravin, Robins, Phylloxera vastrix, Mr Grosse, Board of Health, Chateau Dore, House of Assembly, Dr Hugh Deravin, Mrs Deravin, John Adolphus Deravin, Education Department, Bendigo High School, St Andrew's College, Stock Exchange, Relief Funds, L Dungey, Mr Crawford, A W McCauley, Schillerio, Cleghorn, Goudge and Sibley, Sibley and Lambert, R H S Abbott, Protestant Church, Miss E Wright, W Stephenson, Geo Lowe, J Hargreaves, Theo Deravin, Wm Pearce, Mrs A Deravin, St John's Roman Catholic Church, Father O'Connell, Father McKnab, Post Office, I Witworth, W Casey, Franz Steilow, Geo Billman, R Brennan, F Osborne, Mr Webster, Wm Hughes, Mr Raymond, One Tree Hill, Jerry Ryan, Bendigo City, Shire of Strathfieldsaye. Original copies are very dilapidated and pages 6, 7, and 8 are missing. (In 5 pockets).ephemera, mementoes, back to mandurang, john jones collection - back to mandurang souvenir 1938, mrs thomas, les nankervis, geo mcguire, pinche, mr coghill, mr fenton, atkinson's station, john t deravin, wine hall, church, kerr's hotel, tannery, mr panton, john billman, sheepwash creek, emu creek, port phillip district (victoria), mr charlesworth, sam snowden, mr grant, grant's land act, mr montgomery, mr mcencroe, mr wyeland, john smith, mr adams, geo kofoed, monti, mr ewing, wm ewing, geo green, jim green, green bros, wm keating, mandurang hotel, j b loridan, mr lansell, 'general grant', august heine, mr myers, mr barth, phylloxeria, mr jones, mr mcguire, james hargreaves, mr bounty, e huillier, sam martin, mr oldworth, dr backhaus, andrew monti, w wenwright, mr munroe, mr eldridge, wm wright, w thomas lowe, taylor, sam lowe, george lowe, wm hargreaves, albert e pearce, piccaninny creek, g sherriff, mr stein, albert stein, john theodore deravin, robins, phtlloxera vastrix, mr grosse, board of health, chateau dore, house of assembly, dr hugh deravin, mrs deravin, john adolphus deravin, education department, bendigo high school, st andrew's college, stock exchange, relief funds, l dungey, mr crawford, a w mccauley, schillerio, cleghorn, goudge and sibley, sibley and lambert, r h s abbott, protestant church, miss e wright, w stephenson, geo lowe, j hargreaves, theo deravin, wm peatce, mrs a deravin, st john's roman catholic church, father o'connell, father mcknab, post office, i witworth, w casey, franz steilow, geo billman, r brennan, f osborne, mr webster, wm hughes, mr raymond, one tree hill, jerry ryan, bendigo city, shire of strathfieldsaye

Kennedy and sons, Roselea Dairy operated in Kew (<1930-1945>). In 1945 Thomas Kennedy, Michael Kennedy and Patrick John Kennedy traded as Kennedy and sons, Roselea Dairy at 80 Pakington St, Kew. (Victorian Government, 07 December 1945). Tom Kennedy, Jnr, and his wife, Lucy, lived at 109 Pakington St Kew. Tom Kennedy Jnr. died 02 November 1963. Lucy Kennedy died 28 November 1987. "CONTEMPT OF COURT. MILK-CARTER GUILTY. Breach of an Injunction. A Supreme Court writ has been issued by Thomas Kennedy, sen., Thomas Kennedy, jun., Patrick John Kennedy, and Michael Kennedy, trading as Kennedy and Sons, Rose Lea Dairy, against Gordon Allberry Shepherdly, of Barnard street, North Kew, milk-carter, claiming an injunction and damages. Plaintiffs carry on business at Pakington street. Kew, and Melville street, Hawthorn, and they claim In their writ an injunction restraining the defendant from soliciting or endeavouring to obtain the custom of people who were customers of plaintiffs when Shepherdly was employed by them under an agreement dated March 13 1928. Plaintiffs also claim damages. Mr Read (instructed by Messrs. Moule, Hamilton, and Derham) appeared for plaintiffs before Mr. Justice Macfarlan in the Practice Court yesterday, to ask for an order for the committal of Shepherdly to prison, or alternatively, for an order that plaintiffs be at liberty to Issue a writ of attachment against him for contempt of court in soliciting or endeavouring to obtain the custom of plaintiffs' customers. The affidavits set out that Shepherdly was employed by plaintiffs from March I3, 1928. until June 6. 1930. An Interlocutory injunction had been granted pending trial of the action for a permanent injunction. Shepherdly, who appeared in person yesterday, said that he had a sick wife and two children. He had not served any of the customers referred to since the granting of the injunction. He had passed them over to another man for whom he was working. Mr Justice Macfarlan - In doing that you have committed a breach of the injunction, and I have no alternative but to order that you be sent to gaol. I will make an order that you be committed to prison until further order of the Court. I will direct, however, that the order be not executed until Tuesday next. If you can then satisfy the Court that you have ceased to serve, or take any part in serving, the customers of Kennedy and Sons, the order will not be executed. (The Argus, 11 July 1930) Rare, if damaged milk bottle from an historic Kew dairyMilk bottle produced for and retailed by Kennedy & Sons Kew. The dairy operated under various names, and at one stage was described as the Rose Lea Dairy. The dairy was situated on the corner of Eglinton and Pakington Streets, Kew. "Kennedy & Sons / Kew / Nursery Milk / This bottle is the property of T.Kennedy & Sons, Kew/ and cannot be legally used by others."kennedy's dairy, kennedy and sons, dairies - kew (vic), milk bottles - kew - melbourne - victoria, thomas kennedy, michael kennedy

A Bi-Monthly News Letter - Under the auspices of the Deaf Committee of the Adult Deaf and Dumb Society of Victoria'The Victorian Deaf' Newsletter is a significant publication as an historical record giving and insight into the people, activities and events of the Deaf Community in Victoria.Vol. 24 No. 7,8,9 July Aug Sep 1928, Size 37cmHx21cmW; 14 pagesh. sumner martin, e. r. peacock, edward newbigin, w. a. dickens, frank tudor, rev. j. i. halley, g. g. mercy, i. m. griffiths, h. w. h. adeney, h. bickford, j. dudley, g. vial, s. massana, ernest j. d. abraham, empson, e. burke, a. mclellan, brown, solomon moss, ruth peters, m. g. b. mortimer, j. m. johnston, r. miller, j. butterworth, p. cunningham, e. doney g. caldwell, warrie ashby, vernon griffiths, cecil griffiths, joe allen, bryon taylor, joe allen, j. e. muir, s. ferguson, walter grant, maisie reiffel, a. williamson, w. burge, myrtle groves, harold sutton, j. dickenson, david cornish, waggett, fulton, vera west, mabel ball, tennis, lacrosse, j. boortz, percy swain, e. smith, ethel dempsey, mrs frewin, empson, deaf worker's club, men's guild, deaf women's guild, british deaf conference, deaf national club, a. t. story, sam cashmore, a. a. peverill, a. h. spencer, gladys mahoney, c. h. reynolds, d. hickey, h. abbott,

Published by the Deaf Committee of the Adult Deaf and Dumb Society of Victoria'The Victorian Deaf News' Newsletter is a significant publication as an historical record giving and insight into the people, activities and events of the Deaf Community in Victoria.Vol. 1 (New Series) January 1936; Size 24.5cmHx18.5cmW; 24 pagesedgar h. peacock, warwick ashby, rev j. h. frewin, theo frewin, fred frewin, freda connolly, iris connolly, lord mayor's queen carnival campaign, mrs abraham, alice graham, victorian deaf and dumb institution, jim johnston, douglas abraham, w. h. crush, henry w. gladwin, j. boortz, dorothy johnston, charlie buck, colin johns, w. mcmillin, h. r. gillet, i. boast, s. nielson, f. sandon, willie hately, joe unsworth, rivers, a. sutherland, m. reiffel, w. durston, j. boal, deaf tennis club, adult deaf cricket club, lacrosse, deaf chess, w. donnelly, willie smith, les sutton, lydia sanders, melby allsop, ruth peters, mortimer, e. r. e. noble, c. graham, l. smiththelma whateley, thomas newton, roy white, mra and mrs white, h. blackmore, e. raines, elsie denman, g. mccaffrey, ethel dow, james frame, muriel smith, ray cornell, w. grant, john mcgonigal, thomas tonkin, john cardwell, william kent, richard hann, annie secombe, winnie henry, g.g. mercy,

MBA – Ward 6 – Cheltenham Dear Matty let you know this just that I am still alive and well considering my age and the cold weather we have had. I hope you are well and Fred is in work – is it still possible that they are grudging him work in Melton where he is much beloved and his Mother said that his Father was one of the best men in the world but the world is out if its mind I think but it will be allright when the war is over – have you heard from Arthur and Kath lately. I am longing to see them and the Page 1 dear little children. Please send me their address and I have also reverse taken a longing to see Eddie and Alick do you know if they are alive do try to find them and tell them that I am longing to see them before I die may God grant my desire – there are always some dieing and some coming but I have not seen one who does not want to get our of this place – come and see me and bring me some lollies and salts and I will give you 2/6 –my love to Fred and his Mother and the dear children and your dear self from Nana Watson do not forget to send me Arthur’s address Written in column Page 1 & do try to get my three sons to write to me – do write soon and tell them the news reverse side column I have not heard from Mrs Bartlette please send me the number of their houseLetter written from Robina Watson to her granddaughter Martha Mary Myers at Meltonlocal identities

Murray Comrie Collection. A telegram sent from James Ray, Mayor of Tarnagulla to the Minister for Mines, Melbourne on 22nd February 1865. Reads: "On behalf of the people of Tarnagulla I have to ask that the permission granted to two miners to draw off water from the Public Reservoir be suspended until a petition now in course of signatures by the miners can be forwarded. The public here have no other water supply within five miles."tarnagulla, post office, telegrams, minister mining, mining, water, reservoir, recreation reserve, resources

Issued to Brother Clyde Warren on his enrollment as a member of the I O R Young Australia Tent No 142 (Harcourt), on the 4th May 1915, signed by Isaac James, Superintendant & Bro R Grant, Secretary of the Junior Rechabite Lodge. A necessary pre requisite to membership was 'signing the pledge' to abstain from liquor.A reminder of the Temperance movement and its important role in developing a moral framework for the youth of the district. Harcourt was a ‘dry’ district for upwards of eighty years due to the influence of the Temperance movement. Pre-printed certificate with gold-leaf heading over a colourful crest, , scenes of safety in the ark, a rowboat leaving a shipwreck & St George slaying the dragon, two heralds (male & female) bearing temperance banners and, at the foot, a tripartite crest bearing the southern cross and resting in wattle. Handwritten names, date and signatures.

Peta Clancy is a descendent of the Bangerang people from South-Eastern Australia. She explores hidden histories of colonisation in Australia. Through manipulating photographic prints, she reconstructs these hidden histories in a contemporary setting. In 2018, Clancy was awarded the inaugural Fostering Koorie Art and Culture grant from the Koorie Heritage Trust. The grant enabled her to collaborate with the Dja Dja Wurrung community to create a body of work investigating massacre sites on Dja Dja Wurrung country. The exhibition Undercurrent at the Koorie Heritage Trust focussed on a massacre site submerged under water. Clancy says of the exhibition and this work: ‘I explored this site as a metaphor for the hidden history of many massacres throughout Australia and the denial of this aspect of our history and the trauma these sites evoke’.

The photograph shows SEC Ballarat tram No. 15 at the Grant St loop in Barkly St Mt Pleasant. There are three schoolboys on bicycles alongside the tram. Photo by I K Winney of Sydney, 12/1949.Yields information about the Grant St loop in Barkly St Mt Pleasant during 1949.Black and white photograph with photographers details on rear."Ballarat bogie No. 15 at Grant St loop Mt Pleasant line, 12/1949, I K Winney"tramcars, tram 15, grant st, mt pleasant, barkly st

This building is the earliest building remaining on site today. It was built in 1875 and was the second school building replacing the original 1856 building of stone walls with wooden shingles on the roof. That building needed to be replaced after the stone walls collapsed outwards. In August 1912 the school issued a requisition for remodelling of the school concerned with replacement of the existing windows with larger and wider windows to allow additional light into the school rooms and the erection of a wooden partition in the centre of the room. An extension to the building at rear and skylights in the roof were added in 1921. Only two low wooden stairs were originally provided to enter the porch. These were rebuilt by 1928. A steel mud grate was introduced 1930s/1940s and an infant shelter shed circa 1945. Covered under Heritage Overlay, Nillumbik Planning Scheme. Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p49 Eltham Primary School at Dalton Street, bustling with hundreds of students, has changed dramatically since it began in July 1855.1 A reminder of its early days is the building in local sandstone with a slate roof. First head teacher was David G Clark who was officially in charge from June 1856 until 1889.2 This school was not the settlement’s first. That was the Church of England Little Eltham School, west of Diamond Creek in 1853 and closed in 1872. In 1855 David Clark and his sister Catherine, opened what was to become the present school, with eight students. The school operated elsewhere in a temporary slab building, also used for worship by the Wesleyans,3 which allowed the wind and rain easy access. As well as having to endure such Spartan conditions, the students paid one penny a week for the privilege. But in June 1856 the patrons objected to the conditions, and they and the Clarks wrote to the National Schools Board, asking for a suitable school. They asked for a grant to buy land for a school, and to appoint the Clarks. As a result, inspector Mr A B Orlebar visited the school. He found 33 children aged from four to 13 and noted, among other things: ‘There is no attempt at classification, and this is owing chiefly to the want of books, every child bringing with it any spelling or reading book he or she may find at home,4 and partly to the master and mistress having little idea of anything but individual instruction.’ Of Mr Clark, Mr Orlebar said: ‘I cannot pass him as coming up to the full standard of a probationer. He promises however to pursue a course….if the commissioners take him into their service.’ Of Catherine: ‘She makes a promise similar to that of her brother. Pupils were orderly and the school seemed well conducted. I cannot therefore hesitate to recommend them both personally as probationers.’ Later at a public meeting, Mr Orlebar pledged the commissioners would give £150 for a school, if this was matched by local residents. The meeting decided the commissioners would acquire two acres (0.8ha) for the school site. The building, constructed with local sandstone, was completed in December 1857, measuring 40 feet x 16 feet (12mx5m) and 10 feet (3m) high. It was divided into two rooms – one for the school and the other for teacher accommodation. So the Eltham school was born, in an area regarded as ‘one of the poorest in the colony’. Excerpts from inspectors’ reports in the following years, show that in some ways school has not changed that much since then: ‘Discipline only moderate. Too much chattering!’ (1873); ‘Several slates were cleaned with saliva applied by the hand! Damp rags would be much nicer.’(1891).5 In 1863 the Board of Education took over the school giving it its current name and number, Eltham Primary School No 209. Overcrowding has dogged the school over much of its history. In 1875 overcrowding spilled part of the school into the local courthouse. But that year the sandstone building, which is still standing, was built for 100 children, costing £553 and replacing the National School building. Now, this section, even following renovations, still bears part of its original graciousness, with lofty timber ceilings, tall vertical windows and original floors.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, dalton street, eltham primary school, state school no. 209

The Northern District School of Nursing opened in 1950 in to address the issues around nurse recruitment, training and education that had previously been hospital based. The residential school was to provide theoretical and in-house education and practical training over three years. The students would also receive practical hands-on training in the wards of associated hospitals. The Northern District School of Nursing operated from Lister House, Rowan Street, Bendigo. It was the first independent school of nursing in Victoria and continued until it closed in 1989. The book "The First of its Kind" was published in 2015. Printed in Bendigo by "Bendigo Modern Press". Memories compiled by Peter Rosewall; who attended the last NDSN school PTS 108 between 1986 - 89.Description by Pam Grant about her experience as a School 38. Title of document is "Funny Antidotes whilst training." Things I remember at Lister House." Pam began training on 17th April 1958 after completing her Leaving Certificate. The hostel was at 99 Wattle Street and the Matron was Sr Margo Scott. Includes description of their bedroom and her experience on her first night. There is a list of things that pam remembered about life at Lister House. Her training hospital was Echuca. memoir, nursing, at lister house.

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