The Eltham Court House is Eltham's oldest public building. It was classified by the National Trust in 1977. In 1857 five Eltham residents petitioned the licensing magistrates of the Heidelberg district asking for better police protection, including from itinerant gold prospectors who turned to crime when their quest was unsuccessful. In response the Eltham Courthouse was constructed in 1860. Over the years it has also been used for other activities, including for electoral polling purposes, inquests, early meetings of the Eltham Roads Board and even as an overflow classroom. This type of localised solution is characteristic of the self-reliance preserved in Eltham today. The court house is an important symbol of the spirit which makes Eltham distinctive as a community. The Eltham Courthouse is historically significant because its construction was intended to emphasise the centralised control over law and order in the Colony of Victoria in the wake of the 1852 Snodgrass committee report on the Victorian police force and the resulting Police Regulation Act (1853). The nature of the Court House planning and use of architectural devices make the building's function easily interpreted. The arrangement of rooms, with public entry and clerical rooms to the rear, and the use of raised floor levels throughout these spaces to signify relative rank is easily perceived. The distinction in entries, public, magistrate and person-in-custody, and the existing court furniture enhances appreciation of this building. The Eltham Court House is one of only two intact examples in the state of this simple design with projecting entry. The building is of architectural significance because it retains intact early features. These include use of handmade bricks, simple decoration, roof trusses, timber ceiling boards, original windows, doors and associated hardware and a collection of court furniture. Additions to the court house have been done in a manner which did not interfere with the fabric of the original building. Typical cases heard before the Court of Petty Sessions included financial debt, straying livestock, theft, assault, drunkenness, public disorder, truancy, motor vehicle offences, unregistered animals and failing to have children attend school, or be vaccinated. The courthouse operated for over 120 years before it closed in 1985. In April 2021, Nillumbik Shire Council authorised restoration of the building and furnishings. The extensive works required for the total restoration of this highly valued heritage building was undertaken by Ducon Building Solutions and other specialist contractors. Covered under Heritage Overlay, Nillumbik Planning Scheme. Victorian Heritage National Trust of Australia (Victoria) State significance Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p65 A demand for better police protection resulted in the building of the Eltham Courthouse and the police residence beside it. In 1857 five Eltham residents petitioned the Heidelberg district licensing magistrates. They pointed out that Eltham had two hotels, a population of about 1000, and many strangers employed on the public roads. Yet the nearest police were at Heidelberg eight miles (12.8km) away, or at the Caledonia Diggings 21 miles (33.7km) away.1 Subsequently the courthouse and then the police residence, near the corner of Main Road and Brougham Street, were built in 1859/60. The courthouse is Eltham’s oldest public building and the National Trust classified it in 1977. It ceased operation in 1984 and has since been used by local groups. There are only six other known examples of similar small brick country courthouses in Victoria . For £536, a Mr Duncan built the courthouse – a neat, narrow, oblong building with handmade orange bricks. Its gabled roof and porch are covered with brown slate tiles and it has 12-paned windows. Inside, the roof is peaked and the courthouse is still ventilated by oblong slits near the ceiling. Most of the fine carved timber and upholstered furniture is original. The original prisoners’ door, now permanently closed, led from the police station to the dock. Builders, Langridge Wright and Witney built a timber police station (since demolished) and a brick residence to its north,2 for £1150/7/-. Built around the same time were the lock-up behind the residence, also later demolished, and the two-storey orange brick stables. The former police residence also has a brown slate roof and handmade bricks. The front veranda roof is made of corrugated iron, as is the roof of the back weatherboard extension. The application for police protection was approved within a few months and police operated from a cottage rented at ten shillings a week and owned by William Jarrold. This was probably the one at the corner of Main Road and Dalton Street called Jarrold or White Cloud Cottage. In 1858 a second constable was appointed to Eltham following a fight at the hotel. The timber police office a replica of which was built in the early 1990s is at the building’s side. The lock-up was demolished following the relocation of the police to a new station in about 1952. The residence has been used as the Eltham District Historical Society centre since 1997. Records show court cases were held at Eltham before the courthouse was built, but the location is unknown. Some court cases were not very different from those today. In 1891 a man was charged with being drunk while in charge of a horse and was fined ten shillings. The courthouse was used for other purposes during its long history. It was probably used as a polling place as indicated by old photographs of election-day crowds outside. The Eltham Road Board met there from the early 1860s until 1868 when the Board transferred to Kangaroo Ground. During the same period the Road Board Secretary used the courthouse as an office until 1867 when it was transferred to his home at Wingrove Cottage. The courthouse was also used as an overflow classroom for the Dalton Street school in 1875. The two buildings can further link us with Eltham’s early days through Police Department correspondence. The first constable-in-charge was George Reid. In 1860 a letter to The Argus newspaper signed ‘A Sufferer’ declared the Eltham police were not active enough in their duties. The writer suggested that the ‘very snug’ police quarters were too comfortable, and he detailed various incidents including one of an alleged break-in to the Road Board Secretary’s home. But the Board Secretary, C S Wingrove, wrote to the Police Department refuting The Argus letter saying he had received full co-operation from Sen. Constable Peter Lawler.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, eltham court house, main road

St Margaret’s Church of England was officially opened on December 12, 1861. It is the oldest intact church building in Eltham. At the time it was known as Christ Church until its consecration in 1871, when it was completely free of debt (£1,700 for the church and parsonage) despite the district’s poverty. This was largely due to the free labour and materials, including locally made bricks donated by local artisans and others. The church is historically significant because it is the oldest church in the former Shire of Eltham and has associations with the philanthropist and founder of Brighton, Henry Dendy (who donated the land on which the church is built), the architect Nathaniel Billing and the prominent local builder, George Stebbing. The church is architecturally and aesthetically significant because it is constructed in the Gothic Revival style with several stained-glass windows of various dates and is also a very early use of polychromatic brickwork in Victoria. Billing was one of the first Melbourne architects to employ polychromatic brickwork and an important early architect. The rear wall was intended to be temporary. A major feature of the design is the large buttresses with long, steeply graded upper faces. The overall design is well proportioned with the surface brick patterns relieving an otherwise austere design. The church is spiritually and socially significant because it has been an important place of worship for the people of Eltham for almost 150 years. The land on which the buildings stand was donated by Henry Dendy. Dendy arrived in Melbourne in 1841 after purchasing in England eight square miles at Brighton under the system of "special surveys". After this land passed out of his hands, Dendy moved about Victoria, visited England, then returned to settle in Eltham where he purchased a flour mill. Dendy chaired the meeting held in 1860 “for the purpose of devising such means as may be expedient for the establishment of a Church of England in the township of Eltham”. He became chairman and treasurer of the church committee. Unlike the establishment of many early churches in Victoria where a vicar was appointed to a parish and later a permanent church was constructed, the population at Eltham initiated action to build a church. The nearest church at that time was at Heidelberg and the Eltham settlement was part of the parish of St Johns Heidelberg. Isolation and the tedious, time consuming journey between Heidelberg and Eltham resulted in the Eltham community taking its own action. The original vicarage (Dendy House) at the rear of the church is also an important part of the cultural significance of this place because it is connected to the church and the development of the Eltham area. Together, the church and the vicarage are aesthetically significant because they form a significant streetscape feature. The mud-brick community hall designed by Robert Marshall was added in 1978. In 2014 the original temporary rear wall was removed as part of a modern extension designed by Architects Atelier Wagner and constructed by Conrad Construction and Management. Covered under Heritage Overlay, Nillumbik Planning Scheme. National Trust of Australia (Victoria) State significance Victorian Heritage Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p67 St Margaret’s Anglican Church in Pitt Street, Eltham, which officially opened on December 12, 1861, is the oldest intact church building in Eltham.1 With the nearby courthouse and police station, it was one of the first permanent community buildings in the district. The church and vicarage are on the Register of the Heritage Council of Victoria and the National Trust of Australia – Victoria. The church is important as an early example of polychrome brickwork by the notable architect Nathaniel Billings. It is also notable for its historic associations with the early settlement of the Shire of Eltham and its connection with Henry Dendy, Brighton’s founder.2 Henry Dendy, who lived in Eltham much longer than at Brighton, chaired the original meeting which planned the church, and he donated the half-acre (0.2ha) site. Dendy had arrived in Melbourne in 1841 after buying eight square miles (20.7sq km) at Brighton while in England. After this land passed out of his hands, he eventually settled in Eltham where he bought a flour mill, west from the corner of Main Road and Pitt Street (then called Brewery Lane). The vicarage was named Dendy House after him. The Eltham settlers were unusual in initiating the establishment of a church. Usually in Victoria a vicar was appointed to a parish and then a permanent church was constructed. But then, the nearest church was at Heidelberg, which was a tedious and time-consuming journey. St Margaret’s builder was a local, George Stebbing, who also constructed the former Methodist, later Uniting, Church at John Street and the Shillinglaw Cottage near Eltham’s Central Park. It is believed the first Anglican Bishop of Melbourne, Bishop Perry, dedicated the church. After the ceremony he joined in the festivities at the nearby pub and a bill was sent to the parish for teas taken there by the bishop with other participants. The first vicar was the Reverend Robert Mackie from 1864 to1866. St Margaret’s Church was originally called Christ Church until its consecration in 1871, when it was completely free of debt (£1700 pounds for the church and parsonage) despite the district’s poverty. This was largely due to the free labour and materials, including local bricks, donated by local artisans and others. St Margaret’s Church is in the Gothic Revival tradition with a buttressed nave, paired lancet windows, porch and bell-cote. It was the first polychromatic brick church in Australia, using softly contrasting coloured brickwork.3 Billing was one of the first architects to introduce polychrome brickwork into Melbourne. His original drawings for St Margaret’s survive in a folio of his architectural work. However the church’s brickwork is more subdued than in his drawings. About half the windows – those in clear glass with gold borders – are original. The stained glass windows were made much later, but the one behind the altar is thought to be the oldest in the Diamond Valley. It was to be temporary until the congregation could afford to extend the church. In the early 1960s the original cedar pews were replaced by blonde timber pews and the originals were sold to restaurants and to private individuals. Eminent local sculptor Matcham Skipper created a crucifix for the church. A major addition was made in 1978, when the weatherboard hall was replaced by a mud-brick hall. Made of local material, it was designed by local architect and a former shire president Robert Marshall. The mud-brick hall reflects the style of building in Eltham of the late 1970s and for which Eltham is well-known. Perhaps because its earthy tones blend with the surrounding environment, the hall sits well with the church building. St Margaret’s membership has included economist and ABC chairman, Richard Downing; political commentator, diplomat and academic, William Macmahon Ball; Eltham civic leader, Charles Wingrove; artist, Peter Glass; and Eltham’s first postmaster, Frederick Falkiner.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, st margaret's anglican church, st margaret's church, st margarets church hall, christ church

Contents: • Next meeting, guest speaker: Caroline Phillips: Gulf Station, Yarra Glen • Bus trip • Society Banner project • St Andrews Church • Eltham Community Festival • Montmorency • Alistair Knox • Other brief items The Shire of Eltham Historical Society was formed in October 1967. The first newsletter of the Society was issued May 1978 and has been published continuously ever since on a bi-monthly basis. With the cessation of the Shire of Eltham in late 1994, the Society's name was revised to Eltham District Historical Society and this name first appeared with issue No. 103, July 1995. The collection of the Society's newsletters provides a valuable resource on the history of the Society's activities, office bearers and committee members, guest speakers and subjects of historical interest pertinent to the former Shire of Eltham and the Eltham District.A4 photocopied newsletter distributed to membersnewsletter, eltham district historical society, shire of eltham historical society

Contents: • From Little Things Big Things Grow by Jim Connor • Eltham Courthouse Restoration by Jim Connor • First Open Air Gallery in Australia by Liz Pidgeon • Our New Sponsor (Michael Wilson Diamond Jewelers) • Radio Station at Hurstbridge (Hurstbridge Advertiser, article dated 17 September 1926, advertisement dated 19 November 1926) • Eltham News (Hurstbridge Advertiser, 15 January 1926, page 2) • Eltham Insights by Pam Robinson • ArtStreams Magazine by Jim Connor • Eltham Police Court (Evelyn Observer and South and East Bourke Record (Vic: 1882-1902) Friday 26th January 1883, Page 2) • Membership Subscriptions • Eltham Cemetery Stories by Richard Pinn o Mervyn Garnham Skipper • Contacts for the Eltham District Historical SocietyThe Shire of Eltham Historical Society was formed in October 1967. The first newsletter of the Society was issued May 1978 and has been published continuously ever since on a bi-monthly basis. With the cessation of the Shire of Eltham in late 1994, the Society's name was revised to Eltham District Historical Society and this name first appeared with issue No. 103, July 1995. The collection of the Society's newsletters provides a valuable resource on the history of the Society's activities, office bearers and committee members, guest speakers and subjects of historical interest pertinent to the former Shire of Eltham and the Eltham District.A4 newsletter distributed to members (Digital and A4 photocopy)newsletter, eltham district historical society, covid-19, coronavirus pandemic

Cornelius (Con) and his wife Elizabeth ran the store and post office from about 1904. Their son Donald became involved with the store in the 1930s. A petrol bowser was added in early 1933 and a second in 1937. The Wraights ran the store till the 1940s. Elizabeth died 10 April 1952 and Cornelius May 30, 1954.Colour photo print 10 x 15 cm, originally stuck down on corflute for displaycornelius wraight, eltham-yarra glen road, general store, kangaroo ground, kangaroo ground store, kangaroo ground supply store, milk bar, post office, service station

The Eltham Gateway Group (EGG) was established about 1987 by some Eltham residents concerned for the development of the Eltham Gateway, defined as that historically and environmentally sensitive region of land along Main Road, Eltham extending from the roundabout at Fitzsimons Lane to Dudley Street, Eltham. The gateway was a unique urban area with a strong sense of character that provided a distinctive entrance to the Eltham Town Centre. The intention of this group was to support development that preserved both the natural and historic features of the gateway region. It encouraged development sympathetic to Eltham’s traditional association with the arts and natural environment. The group was initiated in response to a planning application in December 1986 to redevelop the then Mobil service station site at 729 Main Road, Eltham on the corner of Brougham Street. This group worked with and encouraged the Eltham Shire Council to consider rezoning to protect the gateway area. A detailed Eltham Gateway Study undertaken by Tract Consultants assisted with the establishment of the Eltham Gateway Zone, the Eltham Gateway Policy and the Eltham Gateway Design and Siting Guidelines. The State Government subsequently agreed to a planning amendment to rezone the land from a Residential Zone C to an Eltham Gateway Zone under the Eltham Planning Scheme. While zoning changes over the years have altered the mix of permitted uses within this area the Eltham Gateway still looks and feels like a predominately residential style precinct, even where non-residential type uses operate. EGG was followed by the establishment of the Eltham Protection Society in about 1989 to respond to community planning issues beyond the area of the Eltham Gateway and in effect took over the role from the EGG. Jim Connor President Eltham District Historical Society 4 July 2022 During 1986/87 I was a community member on the Shire of Eltham’s Community Consultative Committee involved with the Eltham Gateway Study, which led to the establishment of the original Eltham Gateway Zone, under the then Eltham Planning Scheme The Eltham Gateway Group was the pioneer community action group dedicated to protecting the character of the Eltham Gateway. It was succeeded by the Eltham Protection Society. When the Shire of Eltham Offices were demolished by the unelected Commissioners of Nillumbik Shire Council in July/August 1996, significant community upset and protest led to the establishement of the Eltham Gateway Action Group (EGAG) which in present day form has evolved into the Eltham Community Action Group (ECAG) focussing on issues throughout Eltham and not just the Eltham Gatewayeltham community action group, eltham gateway, eltham gateway action group, eltham gateway design and siting guidelines, eltham gateway group (egg), eltham gateway policy, eltham gateway study, eltham gateway zone, eltham planning scheme, eltham protection society, jim connor, michael wilson, rodger dalling, tony mcmanus

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