One of seven sites in Eltham and Greensborough where the butterfly survives. Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p181 The rare Eltham Copper Butterfly, Paralucia pyro-discus, was saved from near extinction by a community campaign in the late 1980s. Thanks to that effort, the butterfly, a form of the Fiery Copper Butterfly, with a wing span of only 2.5cm, can be seen in parts of Eltham and Greensborough from late November to April. As late as 1987 the butterfly was thought to be near extinction. But that year, entomologist, Michael Braby, found several colonies, including two major ones in natural bushland on Diosma Road, Eltham. However these were threatened with destruction, as their habitat was to be destroyed by a development of 71 houses. The colonies were on a 14 hectare subdivision owned by Esanda Finance, an ANZ Bank subsidiary. It would cost around $5 million, to reimburse the bank for the land.1 The butterfly, which depends on woodland, a stunted form of the Sweet Bursaria bush, and the Notoncus ant, was considered too fragile to relocate. Braby’s discovery led to a sometimes fiery two-year campaign, which even became an election issue. It involved the local community, local and state governments and the developer, before a compromise was reached. The larvae have an intricate relationship with the small black ant, Notoncus. During the day, the larvae shelter in nests made by the ants around the base of the trunk and roots of the Sweet Bursaria (Bursaria spinosa). The ants are thought to protect the larvae from predators and parasites, as they attend them from the nests to feed on the Bursaria leaves at night. In return, the larvae excrete a sugar solution, which the ants love to eat. The butterfly was first recorded in Victoria in 1893, and first collected scientifically from Eltham in 1931. But it was only officially named in 1951, by Victoria’s then top butterfly expert, David Crosby.2 However, from 1970, rapid housing development in Eltham destroyed much of the butterfly’s habitat. The discovery of several major colonies in 1987 met with great excitement, and 250 people attended the first local public meeting. The State Government commissioned Crosby to investigate how to protect the butterfly, and the council froze development for three weeks. Then Esanda agreed to suspend development for several months, until a compromise was reached. Crosby recommended that 62 of the 71 lots be kept to ensure the butterflys’ survival. However this would cost $1 million to $1.5million in compensation to Esanda.3 Greensborough MP Pauline Toner, launched a $1million fundraising campaign and many artists donated their works to the appeal. Toner offered Clifton Pugh’s painting Eltham Copper Country to millionaire Alan Bond for $1 million, after having heard that he had offered $6 million for the Van Gough painting Sunflowers. However Bond did not accept. The butterfly was considered a ‘hot’ election issue during the by-election, following Pauline Toner’s resignation. Liberal party candidate, Margaret Brown, was accused of falsely saying she had been involved in the butterfly campaign so as to win votes. Sadly, the $1million appeal fell short at $426,000, so a compromise was reached. The State Government donated the Education Department site on Eucalyptus Road, but only nine lots of the Diosma site were bought, and the rest of the development went ahead. On March 3, 1989, Ms Toner died of cancer, and the Eucalyptus Road site was named in her honour. Around 2000 the butterfly was further threatened by proposed developments on Pitt Street, facing the Pauline Toner Reserve and between Diosma and Nyora Roads. Fortunately the Friends of the ECB, with the Shire of Nillumbik, ensured that more habitat was made available.4 The butterfly now survives in seven sites in Eltham and Greensborough, including the main sites at the Pauline Toner Reserve on Eucalyptus Road, the Western and Eastern colonies on Diosma Road, and the Yandell Reserve in Greensborough.5 The butterfly survives also in Castlemaine and in the Kiata and Salisbury areas. However, it remains endangered.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 copper butterfly, pauline toner butterfly reserve

Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p181 The rare Eltham Copper Butterfly, Paralucia pyro-discus, was saved from near extinction by a community campaign in the late 1980s. Thanks to that effort, the butterfly, a form of the Fiery Copper Butterfly, with a wing span of only 2.5cm, can be seen in parts of Eltham and Greensborough from late November to April. As late as 1987 the butterfly was thought to be near extinction. But that year, entomologist, Michael Braby, found several colonies, including two major ones in natural bushland on Diosma Road, Eltham. However these were threatened with destruction, as their habitat was to be destroyed by a development of 71 houses. The colonies were on a 14 hectare subdivision owned by Esanda Finance, an ANZ Bank subsidiary. It would cost around $5 million, to reimburse the bank for the land.1 The butterfly, which depends on woodland, a stunted form of the Sweet Bursaria bush, and the Notoncus ant, was considered too fragile to relocate. Braby’s discovery led to a sometimes fiery two-year campaign, which even became an election issue. It involved the local community, local and state governments and the developer, before a compromise was reached. The larvae have an intricate relationship with the small black ant, Notoncus. During the day, the larvae shelter in nests made by the ants around the base of the trunk and roots of the Sweet Bursaria (Bursaria spinosa). The ants are thought to protect the larvae from predators and parasites, as they attend them from the nests to feed on the Bursaria leaves at night. In return, the larvae excrete a sugar solution, which the ants love to eat. The butterfly was first recorded in Victoria in 1893, and first collected scientifically from Eltham in 1931. But it was only officially named in 1951, by Victoria’s then top butterfly expert, David Crosby.2 However, from 1970, rapid housing development in Eltham destroyed much of the butterfly’s habitat. The discovery of several major colonies in 1987 met with great excitement, and 250 people attended the first local public meeting. The State Government commissioned Crosby to investigate how to protect the butterfly, and the council froze development for three weeks. Then Esanda agreed to suspend development for several months, until a compromise was reached. Crosby recommended that 62 of the 71 lots be kept to ensure the butterflys’ survival. However this would cost $1 million to $1.5million in compensation to Esanda.3 Greensborough MP Pauline Toner, launched a $1million fundraising campaign and many artists donated their works to the appeal. Toner offered Clifton Pugh’s painting Eltham Copper Country to millionaire Alan Bond for $1 million, after having heard that he had offered $6 million for the Van Gough painting Sunflowers. However Bond did not accept. The butterfly was considered a ‘hot’ election issue during the by-election, following Pauline Toner’s resignation. Liberal party candidate, Margaret Brown, was accused of falsely saying she had been involved in the butterfly campaign so as to win votes. Sadly, the $1million appeal fell short at $426,000, so a compromise was reached. The State Government donated the Education Department site on Eucalyptus Road, but only nine lots of the Diosma site were bought, and the rest of the development went ahead. On March 3, 1989, Ms Toner died of cancer, and the Eucalyptus Road site was named in her honour. Around 2000 the butterfly was further threatened by proposed developments on Pitt Street, facing the Pauline Toner Reserve and between Diosma and Nyora Roads. Fortunately the Friends of the ECB, with the Shire of Nillumbik, ensured that more habitat was made available.4 The butterfly now survives in seven sites in Eltham and Greensborough, including the main sites at the Pauline Toner Reserve on Eucalyptus Road, the Western and Eastern colonies on Diosma Road, and the Yandell Reserve in Greensborough.5 The butterfly survives also in Castlemaine and in the Kiata and Salisbury areas. However, it remains endangered.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 copper butterfly, sweet bursaria

Wycliffe translates the Bible for people around the world. Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p171 The peace and beauty of Australia’s Wycliffe Centre reflects what it aims to bring to thousands of people around the world. Kangaroos calmly feed, accompanied by bird song, near the mud-brick buildings set amongst Kangaroo Ground’s rolling hills. On 11 hectares off Graham Road, the centre aims to transform people’s lives by giving groups around the world, with no written language, help with literacy and Bible translation into their own tongue. Associate Director, Harley Beck, says reading the Bible (probably history’s most influential collection of books),1 in one’s own language, provides a strong moral basis, helping people withstand exploitation and escape poverty. One of Wycliffe’s field partners, SIL (formerly Summer Institute of Linguistics) Papua New Guinea, has won two UNESCO awards, and SIL branches in many other countries have won international and national awards. The translators are modern heroes. They undertake hardships, forsaking for years, sometimes decades, a salary and the soft western lifestyle, to face loneliness and primitive conditions that most of us would not even contemplate. No staff is paid a salary. An example is the first Australian Director and former International President, David Cummings, who for 50 years has depended on donations from supporters and churches. Students of all ages at the EQUIP Training School on the site come from all walks of life. They train in linguistics and learn how to communicate in a way that is sensitive to other cultures. Spiritual resilience is encouraged, enabling people to persist until the job in the field is done, which takes on average ten to 15 years. Courses range from a few weeks to a year. The Wycliffe concept was born in the 1920s when American missionary, Cameron Townsend, found a Spanish Bible was inadequate to evangelise the Cakchiquel people of Guatemala. When a Cakchiquel man challenged: ‘If your God is so great, why doesn’t he speak my language?’ Townsend decided to translate the Bible into all languages! He founded a linguistics training school in 1934, naming it after 14th century theologian John Wycliffe, the first to translate the Bible into English.2 The first Wycliffe Bible was completed in 1951 in the Mexican San Miguel Mixtec language. In May 2007 after 30 years of work, Wycliffe Australia, with other organisations, completed the first Bible for indigenous people in the Kriol* language, for about 30,000 people in northern Australia.3 Wycliffe Australia began in 1954 in the Keswick Bookshop basement, Collins Street, Melbourne. As the organisation grew, its quarters became so cramped that Director Cummings at times interviewed potential recruits in his car! The development of the Kangaroo Ground property is a story of faith and generosity. In 1967 Cummings proposed moving to a larger property despite having no funds. Within a month Wycliffe received a $20,000 donation and a gift of land towards a national centre. An earlier owner of the Kangaroo Ground property, Mrs Elsie Graham, would have been delighted, as she had wanted her land to be used for ‘God’s service’. Mud-brick architect and Christian, Alistair Knox, offered to design the centre at no charge. Despite a drought, straw was donated to make bricks. Many volunteers helped with the building, including church youth groups who made mud-bricks.4 Volunteers planted thousands of native plants, watered by recycled water from the site’s dam. Building began in 1968 and in 1983 the South Pacific SIL School (now EQUIP Training) followed. Wycliffe, the world’s largest linguistic organisation, and other organisations, have translated the Scriptures into more than 2000 languages. But another 2000 languages still lack any portion of the Bible. However translations are now completed more quickly, because of new computer programs and as education spreads, more speakers of the local language can assist.5 Despite the growth of secularisation, Beck says support for Wycliffe Australia, which has offices in all states and the ACT, is stronger than ever. * Kriol is a Pidgin language, which has become a speech community’s prime language.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, graham road, kangaroo ground, wycliffe centre

Double-sided advertisement for Banool Gardens subdivision with site plan, location plan, terms of sale, and summary of homesite features and local services & facilities. Subdivision includes Wonga Road, Hamilton Drive, Tinworth Place, Andrea Parade and Benjamin Court, Ringwood North. Managing agent - Ollson Real Estate Pty. Ltd., North Croydon Shopping Plaza, Maroondah Highway. Croydon, Vic. 3136. Telephone 726 9988 After Hours 876 4190. Project by Darnley Developments (Vic.) Pty. Ltd. Accompanying handwritten notation by Richard Carter R.E.S.I. - "Part of original Banool property (Mahon, sold to Stallman, sold to McMahon, sold to Len Macley etc etc). Hamilton Drive named after Lynn Hamilton McMahon, Tinworth Place after his son-in-law, David Tinworth".

Subdivison maps of Woodland Ridge Estate. Stage 1 includes Berringa Road, Oban Road, Athelstane Drive, Braimton Close, Karima Court, Tania Place, Runyan Court. Stage 2 includes Athelstane Drive, Cormiston Road, Linda Place, Casula Place, Oban Road. State 3 includes Williams Road, Athelstane Drive, Tania Place and Cormiston Road. Developer - A.V. Jennings Industries (Aust) Ltd., 690 Springvale Road, Mulgrave, 3170. Phone 560 8411. Supplementary page with early 2000s sale prices for eight addresses - 16 Athelstane Drive Ringwood 3134 $210,000 4/4/2000 19 Athelstane Drive Ringwood 3134 $235,000 14/1/2000 27 Cormiston Road Ringwood 3134 $246,000 28/10/2000 1 Runyan Court Ringwood 3134 $183,000 2/5/2001 4 Runyan Court Ringwood 3134 $179,000 14/8/2000 11 Runyan Court Ringwood 3134 $193,000 28/4/2000 7 Runyan Court Ringwood 3134 $187,500 14/1/2000 4 Casula Place Ringwood 3134 $216,000 13/2/2001 Accompanying handwritten notation by Richard Carter R.E.S.I. - "Purchaser of 'Pre-planned Development' lots also agreed to purchase the house planned for the lot. Bramton Court "Witheld" for display homes. Stage 3 one acre sites drained north therefore not readily sewered."

This series of SS0380 photos are part of the "Eastland Litigation" launched in 1962 by the Whitehorse Traders Co-operative Association (WTCA), against the Ringwood Council's Interim Development Order of 1960. WTCA sought "orders from the Supreme Court of Victoria that the planning scheme was invalid" - See "The Eastland Litigation" chapter in "From Horse Shoes to High Heels - Ringwood Shopping Centre and Eastland 1858-2008" by Richard Carter, Bounce Books 2009.Black and white photograph (2 copies)Written on back of photograph: "Photo of the vacant land at rear of oval, i.e. land in private occupation." Stamp on back of photograph, 'Edwin G. Adamson...May 63'.

This series of SS0380 photos are part of the "Eastland Litigation" launched in 1962 by the Whitehorse Traders Co-operative Association (WTCA), against the Ringwood Council's Interim Development Order of 1960. WTCA sought "orders from the Supreme Court of Victoria that the planning scheme was invalid" - See "The Eastland Litigation" chapter in "From Horse Shoes to High Heels - Ringwood Shopping Centre and Eastland 1858-2008" by Richard Carter, Bounce Books 2009.Black and White PhotographWritten on back of photograph: "Photo of the vacant back land, rear of oval, i.e. - land in private occupation." Stamped on rear of photograph, 'Edwin G. Adamson...May 63'.

This plan of land allotments for sale indicates the property once owned by the Bacchus family in and around the township area of Bacchus Marsh. The Bacchus family sold their property in Bacchus Marsh to John Aitkins and Robert Nalder Clarke in March 1851. Aitkins and Clarke kept the property for a number of years until April 1856 when these allotments were put up for sale.This is a very early land sales plan for the township of Bacchus Marsh and it therefore provides some clues as to how the early urban development of the township took place. Upon seeing the map in 1911 Bacchus Marsh Express newspaper editor Christopher Crisp wrote "The sale appears to have created the present township, which had a nucleus in earlier times further east", Express, 30 September, 1911, page 3.A single page paper plan showing allotments of land for sale. The subdivided shown was owned by John Aitkins and Robert Nalder Clarke, but previously owned by the Bacchus Family and was in and around their Manor House (Mansion) property in Bacchus Marsh.There are 5 portions of land further divided into numerous small portions. The land for sale is bounded by the present day streets of Main Street, Young Street, McFarland Street, Morton Streets, Crook Street, and part of the eastern section extends to the Lerderderg River. The plan is pasted into a bound volume containing 76 maps or plans in total. BMDHS Loc: AR/B12/S4 Bacchus Marsh Township and Nearby Districts Maps Volume In-house Digital copies: BMDHS, Computer Network: Maps\Bacchus Marsh Township and Nearby Districts Maps VolumeHeading: Plan of the first portion of land. The property of Messers Atkins and Clarke situate at Bacchus Marsh. To be sold by W.M. Tennent & Co. at the Mansion on the Ground on Saturday the 19th April 1856. Below heading: Jas Ferguson, Lithographer On upper right side: Subdivided by R.C. Bagot London and Liverpool Chambers, Melbourne.bacchus marsh victoria maps, bacchus family, land sales, manor house bacchus marsh

The Forests Commission and its successors continuously encouraged bushfire research and innovation. In 1946 a large parcel of industrial land was purchased at North Altona as a fire cache and workshop. The Altona workshop became a hotbed of new technological innovation… an exhilarating place where lots of things were invented and tested. In fact, a lot of Australia’s pioneering equipment development was led by staff from Altona, often in collaboration with other State forestry and fire authorities. The CSIRO also contributed significantly. The US Forest Service, the US Bureau of Land Management and US State agencies such as the California Department of Forestry and Fire (CalFire) as well as the Canadian Forest Service faced similar challenges and proved strong and willing partners in sharing knowledge, ideas, equipment and expertise over many decades. This collection of badges is testament to the relationships that were forged across the globe with the Altona workshop. Large display panel featuring many fire service badgesbushfire, forests commission victoria (fcv)

Folder containing multi-fold colour pamphlet advertising Lots 6 to 12 of Oban Woods Estate with location map and summary of subdivision features. A4 size attachments include subdivision layout of Lots 2 to 25 with summary of property sizes and undated indications of whether sold or still available at the time, with price where known. Dates not documented however early sales within the development took place around 1997.Estate plan includes Oban Woods (thoroughfare) and Chifley Parade. Location map of area shows development site of Oban Woods Estate off Oban Road and Kubis Drive, Ringwood North. Agents - R.E. Appleby Ringwood Pty Ltd., 170 Warrandyte Road Ringwood North 3134, Telephone 9876 4222, Fax 9876 4209.

This sign proudly hung outside the Forests Commission Victoria (FCV) Beechworth office which is now site of the Forestry Heritage Museum. The granite building in the Beechworth's historic precinct was once the Gold Warden's Office and is one of the town's original buildings. The FCV was the main government authority responsible for management and protection of State forests in Victoria between 1918 and 1983. The Commission was responsible for ″forest policy, prevention and suppression of bushfires, issuing leases and licences, planting and thinning of forests, the development of plantations, reforestation, nurseries, forestry education, the development of commercial timber harvesting and marketing of produce, building and maintaining forest roads, provision of recreation facilities, protection of water, soils and wildlife, forest research and making recommendations on the acquisition or alienation of land for forest purposes″. The Forests Commission had a long and proud history of innovation and of managing Victoria's State forests but in September 1983 lost its discrete identity when it was merged into the newly formed Victorian Department of Conservation, Forests and Lands (CFL) along with the Crown Lands and Survey Department, National Park Service, Soil Conservation Authority and Fisheries and Wildlife Service. After the amalgamation the management of State forests and the forestry profession continued but the tempo of change accelerated, with many more departmental restructures occurring over the subsequent four decades. Responsibilities are currently split between the Department of Energy, Environment and Climate Action (DEECA), Forests Fire Management Victoria (FFMV), Parks Victoria, Melbourne Water, Alpine Resorts Commission, the State Government-owned commercial entity VicForests and the privately owned Hancock Victorian Plantations (HVP).Large office sign. Hand painted in traditional FCV mission brown and gold colour scheme.forests commission victoria (fcv), forest signs

Photocopy of Certificate of Title and double sided bi-fold leaflet advertising auction of 14 allotments on 13th October 1973 with map of streets, summary of local services and terms of sale. Subdivision includes Waterloo Street, Burns Road (later Dirkala Avenue), and Simpsons Road (later Simpsons Court). Auctioneers - C.E. Carter & Son R.E.S.I. 126 Whitehorse Road, Ringwood, Telephone 870 2519, 870 6830, 870 6024, A.H. 870 0421, 870 3568.Auctioneer's notation of sale prices included on brochure - all sold on day of auction. Vendor Frank Harry Peacock, Tile Burner, named as proprietor of Lot 12 on Plan of Subdivision No. 95654 on Title (Vol 8999 Fol 058). Map shows Dandenong Creek Watercourse as at September, 1971, prior to Dandenong Creek Trail development.

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