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

Ordinary meeting notice including reports from Council's officers Report of the Town Clerk's Department Report of the Town Clerk Proposed Conference Council Officers and Preventatives of Smorgon Consolidated Industries Proposed Conference Between Victorian Railways and Councils Metropolitan Fire Brigades Board Election of Representative Proposal to close part of Butler Street to Traffic Transfer of Funds from Resort and Recreation Account Use of Sunshine Tip by Present Regional and Commerial Users Unexpected Load Funds Albion Tennis Club Request for Bingo Sunshine Croquet Club Request For Bingo Financial Statement for the Year Ended 30th September 1992 Multiple Sclerosis Society Application To Conduct Fundraising Report of Officer Committee on Recreation Facilities and Open Space Shed on Diamond Avenue Reserve Agreements St. Albans High School & Tottenham Technical School Report of the Co-Ordinator of Welfare Services Dental Clinic Furlong Road Hospital Councill Sponsorship to Housing Commission Flats Showers Street Braybrook Salvation Army Services Advisory Committee Emergency Relief Reimbursement Pre-School Advisory Service Report of the Chief Health Surveyor Health Act Registrations Application for Transfer of Proprietorship of Premise Under The Health Act 15 Suffolk Road Sunshine North Report of the Medical Officer of Health Report of the Superintendent Traffic and By-Laws Greek Orthodox Easter Celebrations ANZAC Commemorative March Derelict Vehicles Cat Control Naming of Reserves Place Names Committee Kevin Wheelahan Gardens Snake Eradication Report of the Chief Librarian Rainbow Workshop National Seminar for Community Arts Offices Report of the City Engineer / Planner Sunshine Tip Sunshine Shopping Centre Excavations Planning Permit Industrial Sales Lot 9 Ballarat Road Albion Planning Permit Factory Extensions 11 – 13 Judge Street Sunshine Planning Permit Container Storage, Repairs & General Service 600 Geelong Road Brooklyn Planning Permit Promotion Panel Levingston 423 Somerville Road Footscray West Delegated Matters Pedestrian Operated Signals in Station Road near Montasell Avenue Deer Park Proposed Intersection Signals Hampshire Road / Hertford Road Sunshine Sunshine Council V Lend Lease Estates Availability of Sewers Deer Park Albion Football Club Pavilion Parsons Reserve Works carried out at The Hub Complex Willis Street Pre-School Centre Hume Street Child Care Centre Replacement of Hot Water Service Municipal Offices North Sunshine Pre-School Centre Phoenix Street Sunshine North Municipal Offices Proposed Works on Roof Above Council Chambers Report of the Building Surveyor Substandard Allotment of Land 64 Cornwall Road Sunshine Renewal of Building Permit Lots 41, 42 & 43 Cromer Avenue Sunshine North Building Over Easement 45 Novara Parade St. Albans city of sunshine, alexander "alex" george gillon, smorgans, somerville road, tottenham, butler street, braybrook, sunshine tip, albion tennis club, selwyn park, selwyn street, albion, sunshine croquet club, stanford street, sunshine, st. albans high school, tottenham technical school, main road east, st. albans, south road, suffolk road, sunshine north, furlong road, kevin wheelahan gardens, ballarat road, judge street, geelong road, brooklyn, footscray west, station road, montasell avenue, deer park, hampshire road, hertford road, albion football club, parsons reserve, willis street pre-school centre, willis street, the hub, sun crescent, hume street child care centre, city of sunshine municipal offices, alexandra avenue, north sunshine pre-school centre, phoenix street, cornwall road, cromer avenue, novara parade

Ordinary meeting notice including reports from Council's officers Report of the Town Clerk's Department Report of the Town Clerk Accounts for Payment as at 25th October 1982 Statistical Report for Year October 1981 to September 1992 Proposed Discontinuance of Right of Way Beside 36 Clyde Street Maidstone Telephone Number Metropolitan Fire Brigade Acquisition Chaplin Reserve Community Facility Sunshine West United Nations Association of Australia Possible Membership Salvation Army Western Region Advisory Committee Council Representation Open Space Area Maribyrnong Valley Meeting Dates 1993 Proposal to Close Part of Service Street Sealing of General Rate Year Ending 30th September 1983 Use of Council Facilities Saturday 4th December 1982 Sunshine International Women's Year Action Group Discontinuance of Right of Way Between Lewin Street and Robinsons Road South Side of Ballarat Road Deer Park Discontinuance of Right of Way Between Hamilton Street, Burnside Street, Christie Street and Tulloch Street Deer Park Report of Chief Health Surveyor Registration of Premises Health Act Transfer of Premises Health Act Prosecution Proceedings Sunshine Magistrate Court Delivery of Advertising Material / Junk mail Health Act Registration Fees Report of the Medical Officer of Health Report of the Superintendent Traffic and By-Laws Dog Act Traffic and Parking Infringements Court Proceedings Proposed Procession Italian Festival Deer Park Parking Infringements Increase In Penalties Report of the Chief Librarian Children's Pre-Christmas workshops Report of the Co-Ordinator of Welfare Services Multi-Cultural Senior Citizens' Club of West Sunshine Registration and Maintenance Subsidy Showers Street Housing Commission Estate Furnishings Community Room Showers Street Housing Commission Estate Twin Tub Washing Machines Special Bus Emergency Foster Care Report of the City Engineer / Planner Western Suburbs Study Department of Planning Planning Permit Application Advertising Sign 35 Wright Street Planning Permit Application Extensions to Existing Abattoir Kalingra Road (Armbrook Siding) Brooklyn Melbourne Metropolitan Planning Scheme Amendment No 190 On Exhibition Planning Permit Application Extensions to Existing Premises Corner Hampstead Road and Mitchell Street Maidstone Plan of Proposed Strata Subdivision 35 Washington Street St. Albans Plan of Proposed Transfer Hampton Avenue Plan of Subdivision Reid Street Sunshine Boral Resources (Previously Albion Reid Pty Ltd) Glendenning Street Traffic Problems Half Cost Footpath and Kerb And Channel Various Locations Traffic Signals Linking On Princes Highway West From Little Boundary Road to Sommerville Road Parking Restrictions At Municipal Offices Grade Separated Pedestrian Crossings Sunshine Centre Plaza Shopping Centre Traffic Control Items Bus Shelter At Stop 45 Ashley Street Maidstone Melbourne And Metropolitan Tramway Board Neale Road / Station Road Proposes Traffic Signals No Standing Prohibition Load Limits Various Roads Half Cost Fencing 11 Ravenna Street St. Albans Thompson Hall Maidstone West Gate Bridge Charges City of Williamstown Report of the Building Surveyor Building Over Easement 26 Krambrook Street Sunshine West Building Over Easement 36 Summers Street Deer Park Building Over Easement 2 The Mews Ardeer Building Over Easement 18 Merrivale Avenue Sunshine West Building Over Easement 34 Summers Street Deer Park Building Over Easement 83 Tamar Drive St. Albans Building Over Easement 7 Salvia Street St. Albans Building Over Easement 28 Yallourn Street Ardeer Substandard Allotment Lot 62 Tulloch Street Deer Park Height of Fence 100 Ballarat Road Extension of Building Time 52B Forrest Street Sunshine Orders of the Day Planning Permit Application Restaurant and Take Away Food Ballarat Road Sunshine Planning Permit Application Consulting Rooms Main Road West St. Albans city of sunshine, alexander "alex" george gillon, clyde street, maidstone, chaplin reserve, anderson road, sunshine, maribyrnong valley, service street, ballarat road, deer park, lewin street, robinsons road, hamilton street, burnside street, christie street, tulloch street, multi-cultural senior citizens' club of west sunshine, showers street, braybrook, wright street, kalingra road, armbrook siding, tottenham, hampstead road, mitchell street, washington street, st. albans, hampton avenue, reid street, albion, boral resources, previously albion reid, glendenning street, princes highway, little boundary road, sommerville road, sunshine centre plaza shopping centre, hampshire road, ravenna street, thompson hall, krambrook street, summers street, the mews, ardeer, merrivale avenue, tamar drive, salvia street, yallourn street, forrest street

Report of Committees of Council Administration and Finance Committee Report of the City Engineer / Planner Annual Supply Tenders Readvertised Report of the Town Clerk Insurances Loan Funds Safeway Property Corner of Devonshire Road and Clarke Street Public Liability Claims Rates, Sanitary and Interest Statements for the Period Ending 30th September 1982 City of Sunshine V Nicholls Engineers and Constructions Pty Ltd Council Vehicles Land Acquisition Fairbairn Road All Day Parking Area Proposed Playgroup Facilities Epalock Crescent St. Albans Leroc Oil Ballarat Road Braybrook Deer Park High School Joint Use Library Proposal Braybrook Training Centre Request for Land Fixing Dates for Committee Meetings 1983 Sunshine Shopping Centre Former Sunshine Post Office Transport Modal Interchange Emergency Accommodation House 125 Durham Road Sunshine St. Albans Shopping Centre Strategy Transport Depot 22 Second Avenue Progress Reports on Various Works Report of the Building Surveyor Building Control Act 1981 Road Widening Ballarat Road North West Corner Churchill Avenue and Ballarat Road Local Government Local Services The Development of the Community Sports Advisory Committee Report of the Town Clerk Report of the School Holidays Programmes August 1982 Western Suburbs Soccer Club Ralph Reserve Report of the Co-Ordinator of Welfare Services Sunshine City Council Community Bus Medway Hostel Request for Donation city of sunshine, alexander "alex" george gillon, safeway, devonshire road, clarke street, sunshine, fairbairn road, sunshine west, epalock crescent, epalock crescent pre-school centre, leroc oil, ballarat road, braybrook, deer park high school, billingham road, deer park, braybrook training centre, duke street, sunshine north, sunshine post office, hampshire road, durham road, second avenue, st. albans, churchill avenue, ralph reserve, western suburbs soccer club, medway hostel, williamson road, maribyrnong