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

Produced by Contour Consultants Australia Pty Ltd on behalf of Dallas Price Homes Pty Ltd as part of the planning process for redevelopment of the former Eltham Shire Office site at 895 Main Road. In 1963 the Shire of Eltham purchased the Shillinglaw property of approximately 2 acres in Main Road, Eltham for the widening of Main Road and as a site for new Council offices. This land, which contained the Shillinglaw Cottage (c1878-80), was the remaining section of the Shillinglaw family holding that originally comprised 30 acres, being Lot 90 of Holloway's 1851 subdivision. Eltham Council intended to demolish this cottage, but through extensive community action it was saved, funds were raised, and it was relocated to the current site adjacent to the Eltham Library. The new Eltham Shire Offices opened in 1965 were designed to ensure retention of the three Italian Cypress trees that were located outside the Shillinglaw Cottage. In 1971 the building was extended at the southern end to provide additional space, including for the Eltham Library and Council's Engineering Department. Renovations were undertaken to the offices during 1987. The Victorian State Government commenced to restructure local government in 1994, which resulted in the establishment of the Shire of Nillumbik and the cessation of the Shire of Eltham. This new Nillumbik Shire Council was headed by government appointed commissioners, who decided in 1995 to put the former Eltham Shire offices on the market. Eventually in June 1996 the property was sold for $1.1 million and the building was subsequently demolished. A planning application for the site was then submitted to Nillumbik Shire Council in September 1996 for construction of a 24-hour service station, convenience store, cafe/takeaway food premises, a retail facility and community facility. There were many objections to this proposed development and in controversial circumstances a planning permit was granted by the Nillumbik Shire Council commissioners. After protracted actions involving a planning panel and a planning advisory committee, established by the Minister for Local Government, the proposal was eventually rejected as not satisfying the requirements of the planning scheme. In December 1997 the purchaser withdrew from the contract of sale, just prior to Council announcing a withdrawal from the contract. While there have been a number of possible development proposals considered by subsequent Nillumbik Shire Councils, this site has remained vacant since July 1996. TIMELINE (Prepared by Jim Connor, Eltham District Historical Society- March 2018- Based on press, council and personal records) June 1996 - Eltham Shire offices sold to Dallas Price Homes for $1.1 million. July 1996 - Shire office building demolished against community's wishes. Council claimed building riddled with asbestos. September 1996 - Planning application submitted to Nillumbik Shire Council to construct on the site a 24 hours Shell service station, convenience store, Hungry Jacks café/takeaway food premises, a retail facility and community facility. 213 objections and petition of over 1400 signatures received. Minister for Planning and Local Government orders an independent investigation into valuation and sale. 9 October 1996 - Permit granted by Nillumbik Shire Council commissioners, in controversial circumstances. A Planning Special Committee consisting of 3 commissioners and 3 community representatives considered 32 community objections. One commissioner declared a potential conflict of interest so only 2 commissioners were able to vote. After hearing all objections, the community representatives moved a foreshadowed motion to refuse a permit. The commissioners then closed the meeting, formerly opened a council meeting (for about a minute) and approved the application. October 1996 - Community members appealed planning decision to Administrative Appeals Tribunal. November 1996 -Minister for Planning and Local Government Robert McClelland calls appeal in and directs MT to refer this 'major policy issue' to the Governor in Council. February 1997 - Planning panel (Dimity Reed and Margaret Pitt) established to consider submissions. March 1997 - New council elected with five councillors. April 1997 - Three of the five new councillors vote to fight Commissioner's decision to grant a permit. April 1997 - Planning panel (Dimity Reed and Margaret Pitt) conducts hearings at Nillumbik Shire offices. June 1997 -Planning panel rejected Dallas Price Homes proposal as being 'totally inappropriate' for the site and recommends the site be rezoned for 'public purposes'. July 1997 - Dallas Price Homes threatened to sue Council and individual councillors. October 1997 - Report released of an Advisory Committee (Paul Jerome) established by the Minister for Planning and Local Government. Committee considered Dallas Price Homes proposal and an alternative concept plan proposal by Council for a gallery, workshop, offices and cinema community-based development. Advisory Committee recommended Dallas Price Homes proposal be rejected as not satisfying the requirements of the planning scheme and recommended further testing of the financial viability of Council's proposal. December 1997 - Dallas Price Homes withdrew from the contract of sale, just prior to Council announcing a withdrawal from the contract, which expired on 28th November and was not renewed by either side, after previously being extended twice pending a decision by the Minister. Council had to pay developer $58,000 for demolition costs. February 1998 - Dallas Price Homes application rejected by Planning and Local Government Minister. October 1998 - Nillumbik Councillors suspended and an Administrator appointed (until March 1999). The demolition of the former Shire of Eltham offices and proposed sale and development driven by the Commissioners for Nillumbik Shire Council brought the community together in substantial protest at the infrigement of ratepayers democratic say in local government and ciommunity assets combined with protests about inappropraite development of Eltham's Gateway. This issue led to the formation of the Eltham Community Action Group which still operates strongly today (2023) on behalf of the community to ensure appropriate development within the community.895 main road, commissioners, dallas price homes, development application, eltham hub, hungry jacks, nillumbik shire council, re-zoning, shell service station, town planning, eltham gateway, eltham gateway action group, eltham shire offices, shillinglaw cottage, shillinglaw farm, shillinglaw trees, jim connor collection

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

Lawyers for the City of Banyule commissioned a report on the town planning implications of a proposal to construct a multi-level building on land at the corner of Lambourn and Devonshire Roads Watsonia, relating to the Council's refusal of a permit and the subsequent hearing by VCAT22 p., black & white with col. plans.watsonia, lambourn road watsonia, devonshire road watsonia

Amended plans for a mixed use development corner Devonshire Road and Lambourn Road Watsonia in 2004.23 p., black & white and colour plans with covering letterwatsonia, lambourn road watsonia, devonshire road watsonia

The Melbourne and Metropolitan Board of Works (MMBW) plans were produced from the 1890s to the 1950s. They were crucial to the design and development of Melbourne's sewerage and drainage system. This plan forms part of a large group of MMBW plans and maps that was donated to the Society by the Mr Poulter, City Engineer of the City of Kew in 1989. Within this collection, thirty-five hand-coloured plans, backed with linen, are of statewide significance as they include annotations that provide details of construction materials used in buildings in the first decade of the 20th century as well as additional information about land ownership and usage. The copies in the Public Record Office Victoria and the State Library of Victoria are monochrome versions which do not denote building materials so that the maps in this collection are invaluable and unique tools for researchers and heritage consultants. A number of the plans are not held in the collection of the State Library of Victoria so they have the additional attribute of rarity.Digital copy of an original MMBW plan. This contour plan shows the area identified by the MMBW for purposes of drainage and sewerage in 1894. The suburbs represented extend from Williamstown in the west to Bulleen in the east, and from Preston in the north, south to Sandringham. Suburbs are outlined in coloured ink. Red lines indicate main and branch sewers in existence at the beginning of 1894 in central and inner Melbourne. These extended as far as Williamstown and Brighton, but not yet as far as Kew, where sewering did not commence until 1901. Contour lines show the topography, which was important for indicating the fall of the land for the laying of sewers and drainage channels. Kew appears to be fairly undeveloped at this date except for railway lines and stations (the Kew and Outer Circle lines), main roads, the Kew Lunatic Asylum Reserve and Studley Park. However, the contour plan does not accurately represent the density of settlement, nor the large number of houses, which were being built in Kew and other suburbs from the 1850s to the land boom of the late 1880’s and early 1890’s. This plan is part of a large and historically significant group of MMBW plans and maps that was donated to the Society by the Mr Poulter, City Engineer of the City of Kew in 1989.mmbw contour plan of melbourne and suburbs, melbourne and metropolitan board of works, melbourne sewage, cartography