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

The photograph was taken in 1915 at the opening of the Starkie Memorial Fountain that was erected at the intersection of Brook, O'Shanassy and Stawell Streets in Sunbury Township. Joseph Starkie was instrumental in establishing a reliable water supply which was turned on 13th March 1905. The fountain was erected in recognition of his contribution to the town 10 years later on 26th February 1915. As the town grew and the main shopping strip became busier, it was relocated to a memorial site opposite the Memorial Hall.The Starkie Fountain is one of Sunbury's important memorials erected to celebrate an important development in the town.A non-digital black and white photograph of a crowd of people are gathered around a monument for a ceremony. Flags are festooned above the crowd and an open parkland is in the background as well as a church. Details of the event are handwritten on the back of the photograph.joseph starkie, j.d.starkie memorial, stawell street, sunbury, water fountain

A green folded pamphlet advertising the sale of by auction of a shop and residential sites on the corner of Canterbury and Middleborough Roads, Blackburn on Saturday, 4 December 1954.non-fictionA green folded pamphlet advertising the sale of by auction of a shop and residential sites on the corner of Canterbury and Middleborough Roads, Blackburn on Saturday, 4 December 1954.canterbury road blackburn, beck street, middleborough road blackburn, marion court, amery avenue, janet street, duckham street

Sphalerite or sphaelerite is named from the Greek word for 'treacherous' or 'deceiver' as specimens can vary widely in appearance, making them hard to visually identify. It is a zinc sulfide with the chemical composition (Zn,Fe)S, the most important ore of zinc. Specimens of sphalerite can contain iron as a substitute for up to 25% of the usual zinc present, as well as trace elements of gallium, cadmium, geranium and indium. Small amounts of arsenic and manganese may also be detected. Sphalerite is found in igneous, sedimentary and metamorphic rocks. It forms when carbonate rock encounters acidic, zinc-bearing fluid. It often forms in veins or in fissures of the existing rock, with colours and crystal shapes dependent on the composition of the the combining elements. It forms isometric crystal shapes including cubes, tetrahedrons, octahedrons, dodecahedrons. This specimen was collected in approximately 1852, in Broken Hill, NSW, as an adjunct to the Geological Survey of Victoria. It was donated to the Museum in 1868. Victoria and other regions of Australia were surveyed for sites of potential mineral wealth throughout the 19th Century. The identification of sites containing valuable commodities such as gold, iron ore and gemstones in a locality had the potential to shape the development and history of communities and industries in the area. The discovery of gold in Victoria, for instance, had a significant influence on the development of the area now known as 'the goldfields', including Beechworth; the city of Melbourne and Victoria as a whole.The specimen is significant as an examples of surveying activity undertaken to assess and direct the development of the mineral resource industries in Victoria and Australia, as well as the movement to expand human knowledge of earth sciences such as mineralogy and geology in the nineteenth century.A pipe-shaped specimen of sulfide-mineral zinc ore displaying patches of black, brown, beige and gold colouring. The main item has associated broken pieces. geological specimen, geology, geology collection, burke museum, beechworth, mineralogy, indigo shire, geological survey, sphalerite, sphaelerite, zinc ore, broken hill, nsw, victoria, galena, fluorite, chalcopyrite, lead, cadmium, gallium, germanium, indium, iron

Kith Kiln was the site of a short lived charcoal kiln designed to provide an alternative to petrol during World War 11 when there was a fuel shortage. Local history has been told by Genseric (Bill) Parker and the reflections collected by Friends of Kirth Kiln (under the auspices of Parks Victoria).The booklet is significant because it tells the story of the development of the Kirth Kiln Park in Gembrook, from the Friends perspective.The park is not only historical but is also of great environmental significance and it forms part of community life in the district. Green soft cover booklet of 128 pages. The front cover has 2 photos; the top one of the caretakers compound with Forest Commission huts and the bottom photo is of the Lake, taken from the dam on Tomahawk Creek. The back cover has a diagram of the Kiln logo.Fireside Stories with Genseric (Bill) Parker and Lorna Parker. Reflections collected by Friends of Kirth Kiln.kirth kiln, genseric parker, parks victoria, gembrook, charcoal burner

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."

Certificate reads "Certificate of Registration. Royal Victorian Institute for the Blind Limited, 557 St Kilda Road Melbourne, VIC 3004 Australia (refer to Schedule of Addresses dated March 8 2002 for additional certified sites) complies with the requirements of AS/NZS ISO 9001:2000 Quality Management Systems Requirements for the following capability: This registration covers the Quality Management System for the provision of case management, production, resources, and support services including education, course development and provision of training, rehabilitation, employment, technology, information and fundraising for people who are blind or vision impaired. The registration also includes the provision of commercial products and services through RVIB Enterprises." Signed: Alex Ezrakhovich, General Manager Certification. Certificate #: QEC12897. Issue Date: 8th March 2002. Certified Date: 29th December 1999. Expiry Date 29th December 2002.1 certificate with QA logoroyal victorian institute for the blind, registration

As part of management standards to adhere to best practice, RVIB went through the certification process to receive ISO accreditation within its offices.1 certificate with signatures and stampCertificate reads "Certificate of Registration. Royal Victorian Institute for the Blind Limited, 557 St Kilda Road Melbourne, VIC 3004 Australia (refer to Schedule of Addresses dated March 20 2003 for additional certified sites) complies with the requirements of AS/NZS ISO 9001:2000 Quality Management Systems Requirements for the following capability: This registration covers the Quality Management System for the provision of case management, production, resources, and support services including education, course development and provision of training, rehabilitation, employment, technology, information and fundraising for people who are blind or vision impaired. The registration also includes the provision of commercial products and services through RVIB Enterprises." Signed: Alex Ezrakhovich, General Manager Certification. Certificate #: QEC12897. Issue Date: 1st April 2003. Certified Date: 29th December 1999. Expiry Date 19th March 2006.royal victorian institute for the blind, registration

Views of industrial sites and shop fronts on Para Road, Briar Hill including the business 'Greensborough Motorcycles'. Para Road, Briar Hill is parallel to the Hurstbridge Railway Line. The building 'Greensborough Motorcycles' was destroyed by fire in the early 2000s. Signage on building includes: 'Greensboröugh Motorcycles', 'International Discounters', 'Motor Cycles', and 'Mowers & Chainsaws' and 'Hutchinson's'.Roll of 35mm colour negative film, 4 stripsKodak CP 100 5094briar hill, greensborough, greensborough motorcycles, hutchinson's, industry, international discounters, para road, business, vw beetle

Contents: • Next meeting – Examination and collation of historical photographs • Former Falkiner Cottage • Other Council matters o Former Lands Department building o Development of Council Pound site o Maroondah Aqueduct 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

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

Guest speaker at Eltham Community Action Group (ECAG) Annual General Meeting The Shire of Eltham was established in 1871 and ceased to exist, due to a municipal restructure, when all councillors were sacked on 15 December 1994. Jim Connor, a past Councillor of the former Shire of Eltham and current President of the Eltham District Historical Society gave a very interesting presentation about the machinations of how and why Eltham became Nillumbik. He also displayed and discussed images of the various plans that have been suggested for the former Shire Office Site since the building was demolished by the decision of the commissioners in July 1996, the commissioners having replaced the elected council when the Kennett government amalgamated all Victorian councils.1:08:28 duration Digital MP3 file; 23.5MBaudio recording, meeting, eltham, guest speaker, commissioners, community engagement, community protest, council amalgamation, demolition, eltham gateway action group, eltham shire offices, jim connor, planning application, shire of eltham, shire of nillumbik, agm, eltham community action group (ecag), eltham district historical society

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