Nillumbik Commissioners used 'reserve power's to permit a controversial Shell service station and Hungry Jackls restaurant development at the former Eltham Shire Office site at 895 Main Road. More than 200 people attended the Council meeting in the public gallery and protested at the decision. 32 personal submissions were made to Council's Planning Special Committee meeting whose members vioted 3-2 against the development. The Committee consisted of the three Nillumbik Commissioners and three community members (Jim Connor, Bronwyn South and Janet Mattiske). Chief Commissioner Don Cordell, a former Shell employee excused himself from voting and the three communbity memebrs voted against the submission. The other two commissioners, Vin Heffernan and Kevin Abbott voted against it. They then immediately closed the meeting and opened a Council meeting lasting just seconds to use special reserve powers to overturn the decision. Community residents who made submissions included Russell Yeomans speaking on behalf of the Eltham Gateway Action Group and Eltham District Historical Society, Des Ryan on belaf of Eltham Senior Citizens, Angela Newhouse, others on behalf of Our Lady Help of Christians Primary School and Judge Book Village, Tom Munro, Ian Jennings, Margartet Ball a fifth generation descendant of the Shillinglaw family, one of the early settlers of the area and owner of the land that was sold to Council, Frank Burgoyne who said "there will be a lot of creaking and rumbling in the cemetery if this goes through. So many old people who have done so much for Eltham are buried up there and it is up to us to pass on what they left to the younger generation. Eltham is a beautiful spot; why louse it up?" A second article "Anger over reserve power" by Laeta Antonysen provides commentary from the three Planning Special Committee community members, former Eltham Shire Councillor Jim Connor, Bronwyn South and Janet Mattiske about the process that took place and the first time use of the spoecial reserve power to overturn the decision of the committee. Barry Rochford, Nillumbiuk CEO defends the use of the power.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 farm, shillinglaw trees, jim connor collection, dallas howgate, nillumbik planning special committee, jim connor, bronwyn south, janet mattiske, don cordell, vin heffernan, kevin abbott, russell yeomans, eltham district historical society, eltham senior citizens, des ryan, our lady help of christians primary school, judge book village, angela newhouse, tom munro, ian jennings, margaret ball, shillinglaw cottage, frank burgoyne, andrew biasci, barry rochford

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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

Poor video quality (noise and interference), incomplete and unedited raw footage. A video documenting the demolition of the Shire of Eltham offices at 895 Main Road Eltham under the direction of the Commissioners appointed for the new Shire of Nillumbik and some of the communities activities surrounding the event. The building was demolished exactly 25 years after the southern wing housing Engineering and Planning on the upper level and the Eltham Library on the ground level was opened in celebration of the Shire of Eltham's centenary. Video has lots of distortion and noise, and sections of clips dubbed over. Immediate initial footage of Jenni Mitchell talking about asbestos claims in the Shire Offices (Sigmund Jorgensen standing behind her) advising Council did a review of the building several years previously and had been cleared of health problems. Cuts to group of people standing outside front door of offices but possibly voice dub over not related ? Then the date 27 Jul 1996 on a scene flashes on screen immediately followed by an edited clip intro of title and credits with classical music track. It then opens with Jenni Mitchell driving to the Shire Offices on Saturday 27 July 1996 at 11.00am. Footage of Main Road past Pitt Street, Alistair Knox Park then entering Shire Office driveway which is fenced off and contractor signs hanging up. Scenes at rear of building showing some internal demolition has commenced. View of the Administration wing. More clips of road driving, Alistair Knox Park, Eltham Library and visitor car park for Shire Offices. Cuts to a group of people standing in access to visitor carpark with new Eltham Library in background, one being immediate former Shire of Eltham President, John Graves. Scenes of people looking through chain link fence and security guard checking front door. John Graves being filmed that someone informed him the Shire was offering the building to the Community Health Centre for $2.3 million and that if they had been offered a price of $1.1 for what it apparently was sold for they would have snapped it up. View of truck loaded with brick rubble literally struggling to ascend the hill of Library Place to exit into Main Road. Cuts to a scene looking at Eltham War memorial Hall through the Memorial Gate, then the Shillinglaw trees and large banner sign ‘Delta Demolitions’ hanging on office façade. Views of front door, old library and bluestone wall. Scene (31 Jul 1996) filmed at night of several white crosses with “RIP Community” and “RIP Democracy”. Scene (1 August 1996) again driving along Main Road towards the Shire Offices then scenes of the offices showing substantially more demolition to exterior, groups of people standing on footpath outside watching, Delta heavy demolition machines, woman holding sign “Democracy where have you gone …”, the odd person in full protection gear and breathing apparatus hand carrying materials out to place on rubbish pile in front of people standing on footpath watching (with no protection) and then stamping on it to break it creating dust, security person in hard hat (no other protection) wandering around, many groups standing around watching, news film crew, person standing on roadside edge holding signs facing traffic stating “Pirate Planning” and “ Grant us your ears” also sign on back of parked car “Elthams High Jacks”, another sign “Community Democracy”, views of crosses in Main Road median strip “RIP Community”, groups of people on footpaths and reporters conducting interviews, footage of unknown person standing with Jenni Mitchell and Sigmund Jorgensen advising people have the right to protest, Jenni Mitchell urging people to ask questions of local MP and Council and Sigmund Jorgensen referring to the three historic Shillinglaw trees with demolition machinery operating in background, Jenni Mitchell and others installing more crosses in median strip; demolition machines operating inside and outside the building, more views of onlookers including Sigmund Jorgensen then Police approaching on footpath, workers and machinery continuing to operate, views of the old library being demolished, the former Community Services department, security personnel. Scene (2 August 1996) more heavy demolition machinery in operation smashing building up, people standing around southern wing watching, view overlooking Eltham Library of train pulling in to Eltham station. Scene (7 August 1996) more heavy demolition and people wandering around with only hard hat protection, no dust protection, comments from one operator dumping a bin of material stating “wait till there’s a Hungry Jack’s here, you’ll be laughing, fuel, videos, hamburgers. You’ll be up with the rest of the world soon, you’ll have electricity and everything here, ha ha ha ha”, more heavy machinery demolition and breaking up of materials, view of Hitachi train going by and Administration wing, view inside the front door opening of the staircase leading to upper level, person walking around operating heavy machinery with a hose spraying rubble (no protective gear other than hard hat interspersed with edit cuts of meeting of Commissioners and independent observers on panel as well as members of the community in public gallery. Nillumbik Shire CEO Barry Rochford addressing the meeting., Chief Commissioner Don Cordell directly addressing Jenni Mitchell with respect to permission to take photographs, Barry Rochford continues to address the question asked of Council about the valuation of the former Shire of Eltham Office building/site, public gallery calling out asking why was building demolished, what was the urgency. Scene (14 August 1996) views of southern wing, previous single demolition operator again mocking people filming, operators working in and around building, Shillinglaw trees and largely demolished front, heavy demolition equipment at work, piles of building rubble, hose spraying water over rubble, large trucks arriving for rubble removal and loading of truck. Scene (21 August) more of the same, building virtually down, Shillinglaw trees standing tall and alone, water spraying on rubble and wattle in bloom. Cuts to Council meeting with public onlookers. Barry Rochford walks out, Wayne Phillips addresses meeting explaining one or two people shouting, members of the community challenging Council (Commissioners) about why due process appear to have been subverted. Former Shire President Robert Marshall in public audience, cuts back to Shire office carpark entrance site and sign hung on fence in front of library “Think Again!” and people standing around observing awaiting a protest demonstration erecting a large sign on stilts stating “Shell No!”, people singing a revised version of God Save the Queen (God Save Us All), Sigmund Jorgensen in attendance, Jenni Mitchell, Sigmund Jorgenson and others address the protest crowd, followed by people mingling, music being played then people standing around the cleared site circumference all with arms linked (video very broken up with noise) then chants “Save the Gateway” and “No Shell for Eltham” and more music and singing “Put up a parking lot”. The crowd then proceeds to walk along the footpath of Main Road. Scene (15 Sep 1996) meeting at Montsalvat in Great Hall addressed by Sigmund Jorgensen discussing a recently published list of the Commissioner’s to senior Council Officers of banned Nillumbik people, others encouraging people to view proposed plans for the site and lodge objections. Specific issues regarding asbestos claims are also addressed. Harry Gilham addresses the meeting on the subject of the Eltham War Memorial and Memorial Gardens and how Council believe a roundabout in the vicinity is of greater importance. Views of various artworks on display (for auction) and music performance in the Barn Gallery. Meeting addressed by Sigmund Jorgensen discussing an appeal against Council granting a permit to Dallas Howgate to develop the site and that the Minister has called the matter in to be decided by the governing council. This is followed by an auction of paintings. 0.05 - Jenni Mitchel, Sigmund Jorgensen and Peter Doughtery in background. 0.18 - Jock Kyme in front of building – David Essex, Marg Johnson on his left-hand side. 5.34 - John Graves – ex Shire of Eltham Councillor and President. 9.02 - Unknown person being interviewed. 9.30 - Jenni Mitchell, unknown person, Mark Burns, community activist. 10.04 - Sigmund Jorgenson, Jenni Mitchell. 12.04 - Police members 21.33 - Nillumbik Council offices 7 August 1996 Barry Rochford CEO, Vin Heffernan Commissioner, Don Cordell Chief Commissioner, Kevin Abbott Commissioner, unknown person. 28.00 - Barry Rochford CEO 28.05 - Kahn Frankie - in commissioner’s seat after commissioners and council staff have vacated the council chamber. 28.26 - Wayne Phillips, State Liberal member for Eltham, addressing community in response to questions. 28.36 - Mark Burns, community activist addressing gallery. 28.48 - Ken Hines, ex Shire of Eltham Councillor and President. 29.34 - Ken Hines, ex Shire of Eltham Councillor and President standing, Robert Marshall, ex Shire of Eltham Councillor and President seated in front. 29.41 - Karen Gerhards, community activist. 30.06 - Marg Johnson with loud hailer, next to Jock Kyme, community activist. 31.32 - Marg Johnson with possibly Frank Burgoyne?, Sigmund Jorgensen, Jock Kyme. 35.35 - Harry Gilham at meeting at Montsalvat on 15 September 1996. 35.43 - Sigmund Jorgenson at lectern. 36.42 - Marg Jennings. 37.47 - Mark McDonald, Jim Connor, ex Shire of Eltham Councillor in background. 36.28 - John Cohen, ex Shire of Eltham Councillor and President. 38.56 - Ken Hines, ex Shire of Eltham Councillor and President. 41.11 - Harry Gilham, president of the Eltham District Historical Society. 43.55 - Sigmund Jorgensen in Long Gallery at Montsalvat, at start of the art auction to raise funds for community action. 45.50 - Unknown person conducting art auction. VHS Video cassette (poor quality) Converted to MP4 file format 45:01, 535MBvideo recording, 895 main road, alistair knox park, artworks, auction, barn gallery, barry rochford, community health centre, dallas howgate, delta demolitions, demolition, don cordell, eltham, eltham library, eltham shire office, eltham war memorial, eltham war memorial gate, eltham war memorial hall, great hall, harry gilham, jenni mitchell, john graves, library place, main road, memorial gardens, mervyn hannan, montsalvat, pitt street, protest, robert marshall, roundabout, shell oil, shillinglaw trees, sigmund jorgensen, sign, wayne phillips