AGENDA Ordinary Meeting of Council 6.00pm Wednesday 4 December, 2013
*** Broadcast live on Phoenix FM 106.7 ***
VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo
NEXT MEETING: Wednesday 18 December, 2013 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au
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Council Vision Our residents can live healthy and satisfying lives in our vibrant City and region, confident in its growth and future.
Council Purpose and Values Councillors have made a commitment in their Code of Conduct to working and leading together in: Making informed, balanced and objective decisions Acting honestly Taking responsible financial decisions Ensuring good governance Being inclusive in their activities and sharing information with others Learning from each other Respecting each other's undertakings Being respectful in their interactions with others Communicating clearly about decisions that have been made Fulfilling their undertakings and being clear when this is not possible Working positively with the media to ensure community members are provided with accurate information
Themes Planning for Growth Liveability Productivity Sustainability Good Governance and Decision-Making
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ORDINARY MEETING WEDNESDAY 4 DECEMBER 2013
ORDER OF BUSINESS: ITEM
PRECIS
PAGE
ACKNOWLEDGEMENT OF COUNTRY
5
PRAYER
5
CODE OF CONDUCT
5
PRESENT
5
APOLOGIES
5
SUSPENSION OF STANDING ORDERS
5
PUBLIC QUESTION TIME
5
RESUMPTION OF STANDING ORDERS
6
CR CAMPBELL'S REPORT
6
DECLARATIONS OF CONFLICT OF INTEREST
7
CONFIRMATION OF MINUTES
8
1.
PETITIONS AND JOINT LETTERS
9
1.1
Petition: Reinstatement of Cobblestones at the Entrance of Golden Glade, Strathdale
9
2.
PLANNING FOR GROWTH
11
2.1
Planning Scheme Amendment C183 - Girton Grammar – Adoption of Amendment
11
2.2
Adopt Planning Scheme Amendment C173 – Rezoning Land in Holdsworth Road and Hobson Street, North Bendigo to Residential 1 Zone and Public Park and Recreation Zone
17
2.3
15 Towers Street, Flora Hill 3550 - 2 Lot Subdivision
28
2.4
90 Mundy Street, Kennington 3550 - Demolition of Existing Dwelling and Construction of a New Single Storey Dwelling
38
2.5
Draft Melbourne Metropolitan Planning Strategy
51
3.
LIVEABILITY
57
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4.
PRODUCTIVITY
57
5.
SUSTAINABILITY
58
5.1
Awarding of Contract No: CT000098 Reseal of Various Roads
58
6.
GOOD GOVERNANCE AND DECISION-MAKING
61
6.1
Record of Assemblies
61
6.2
Quarterly Finance Report as at 30 September 2013
65
6.3
Amendments to Finance Policies
69
6.4
Potential Sale of Three Properties
81
7.
URGENT BUSINESS
91
8.
NOTICES OF MOTION
91
9.
COUNCILLORS' REPORTS
91
10.
MAYOR'S REPORT
91
11.
CHIEF EXECUTIVE OFFICER'S REPORT
91
12.
CONFIDENTIAL (SECTION 89) REPORTS
91
____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER
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Ordinary Meeting - 04 December 2013
ACKNOWLEDGEMENT OF COUNTRY PRAYER CODE OF CONDUCT PRESENT APOLOGIES
SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the conduct of Public Question Time.
PUBLIC QUESTION TIME Public Question Time Guidelines Public Question Time – Purpose Council has provided the opportunity for members of the public to ask questions of broad interest to Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through its Customer Request System. By the time planning matters have reached the council agenda, they have been through an extensive process as required by the Planning and Environment Act. In addition, in most instances mediation has been held between the parties involved. Throughout the process there are many opportunities for the people to ask questions. Therefore, no questions relating to planning matters on the Agenda will be accepted. Public Question Time – Where, When And Who The public question time is held at every Ordinary Meeting of Greater Bendigo City Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo. The public question time is held at the start of the meeting as close as practical to 6:00pm. A maximum of 30 minutes has been provided for registered and unregistered questions. Residents are encouraged to lodge questions in advance so that a more complete response can be provided. Questions will be put to the Council by the individual posing the question; the question will be answered by the Mayor or CEO, or where appropriate, Councillors or Council Officers.
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Ordinary Meeting - 04 December 2013
Acceptance of Questions Each person asking a question of Council is required to stand, state their name, and address the Mayor. Public Question Time is not an opportunity for making of statements or other comments. Council’s Meeting Procedure Local Law does not allow for other questions or comments during the remainder of the meeting. 1.
An individual may only ask one question per meeting, a follow-up question may be permitted at the discretion of the Mayor.
2.
In the event that the same or similar question is raised by more than one person, an answer may be given as a combined response.
3.
In the event that time does not permit all questions registered to be answered, questions will be answered in writing or referred to the next meeting if appropriate.
4.
The Mayor and or CEO have the right to decline registration on basis of: Prosecution, summonses or any other litigation; Most appropriately addressed by other means; Vague, irrelevant, insulting or improper, defamatory; Answer likely to compromise his / her position; Confidential, commercial-in-confidence.
5.
Each individual whose registration form has been accepted or declined will be advised by the Friday of the week prior to the scheduled meeting.
6.
In the event of a registration form being declined the registration form will be circulated to the Mayor or Councillors for information.
RESUMPTION OF STANDING ORDERS That Standing Orders be resumed.
CR CAMPBELL'S REPORT
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Ordinary Meeting - 04 December 2013
DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) (b) (c) (d) (e) (f) (g) (h)
direct financial interest indirect interest by close association indirect interest that is an indirect financial interest indirect interest because of conflicting duties indirect interest because of receipt of an applicable gift indirect interest as a consequence of becoming an interested party indirect interest as a result of impact on residential amenity conflicting personal interest
A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.
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Ordinary Meeting - 04 December 2013
CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday 13 November, 2013. The following items were considered at the Ordinary Council meeting held on Wednesday 13 November, 2013 at 6:00pm. Petition: Lake Tom Thumb Planning Scheme Amendment C197 - View Hill, 10-14 Mackenzie Street, Bendigo Adoption of Amendment Planning Scheme Amendment C189 - Apply Heritage Overlays to 52 Edward Street and 72 Queen Street, Bendigo and 27 Pallett Street, Golden Square - Consider Panel Rep[ort and Adoption of Amendment Planning Scheme Amendment C159 Part 2 - Council Land, Public Land and Private Zone Corrections - For Adopting Lot 2 South Costerfield-Graytown Road, CA8 McNicols Lane, CA15C Sec 1 Parish of Costerfield, South Costerfield-Graytown Road Reserve, Costerfield - Use and Develop a Utility Installation (Evaporation Facility and Pipeline) in association with Mineral Extraction 16 Graham Street, Quarry Hill - Partial Demolition of Existing Dwelling and Extension to Existing Dwelling 92 Vine Street, Bendigo - Partial Demolition to Dwelling, Demolition of Outbuildings, Alterations and Additions to Dwelling CA 20 Derby Road, Woodvale - Use and Development of a Dwelling and Outbuildings in Conjunction with Agriculture (Mushroom Growing and Grazing) 48 and Lot 4 Queen Street, Mandurang South - Approval of Development Plan and 5 Lot Subdivision of Land and Development of 4 Dwellings and Removal of Native Vegetation 216 North Harley Street, Strathdale - Staged Subdivision of the Land into 6 Lots 1097-1099 Heathcote-North Costerfield Road, Costerfield - 2-Lot Subdivision 20 Hill Street, Kangaroo Flat - 3 Lot Subdivision of Land Victorian Government's Response to the Inquiry into Flood Mitigation Infrastructure in Victoria Council Plan 2013-2017 First Quarter Report, September 2013 Bendigo Stadium Annual Report 2012/2013 Contracts Awarded under Delegation Record of Assemblies Proposed Council Meeting Dates for 2014 The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting.
RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 13 November, 2013, as circulated, be taken as read and confirmed.
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Ordinary Meeting - 04 December 2013
1.
PETITIONS AND JOINT LETTERS
1.1 PETITION: REINSTATEMENT OF COBBLESTONES AT THE ENTRANCE OF GOLDEN GLADE, STRATHDALE
Petitions and joint letters with ten (10) or more signatures are included in the agenda or tabled at the meeting, unless there is a separate legal process for considering the petition or joint letter, as there is for planning submissions or submissions following public notices (Section 223 LGA)].
A petition has been received from residents of Golden Glade and Sovereign Court, Strathdale, as outlined below:
"We, the undersigned residents of Golden Glade and Sovereign Court, Strathdale, do hereby petition the City of Greater Bendigo to ensure that all cobblestones at the entrance of Golden Glade are reinstated to their original condition as part of the drainage upgrade being undertaken in Harley Street between Cairinini Court and Golden Glade. Residents received notice of a 'Proposed Drainage Upgrade' on 30th August 2013. This letter made no reference to any proposed change to the road conditions / treatments, in particular the proposed removal of the cobblestones at the entrance to Golden Glade. The cobblestone treatment at Golden Glade form part of the character of the Golden Glade / Sovereign Court streetscape, and tie in with the existing bluestone wall with the street name on it alongside it. Also, the cobblestones act as a traffic calming measure to slow traffic entering and leaving the street. The cobblestones are unique to the subdivision and the undersigned residents wish to keep them".
Signatures
-
50
Officer comment: As part of the drainage works in the area, residents adjoining the cobblestone entry expressed concern over the noise generated by traffic travelling over the cobblestones. Other residents expressed their desire for the cobblestones to be retained as a distinctive feature of the entry to the area. Residents were advised that the cobblestone would be replaced following the drainage work by letter posted 11 November. Drainage works are almost complete and it is estimated cobblestones will be reinstated next week, depending on progression of works and weather.
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Ordinary Meeting - 04 December 2013
RECOMMENDATION That the petition be received and that it be noted that the residents have been advised, in writing, of the reinstatement of the cobblestones at the entrance to Golden Glade, Strathdale, following completion of the drainage works.
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Planning for Growth - Reports
2.
Ordinary Meeting - 04 December 2013
PLANNING FOR GROWTH
2.1 PLANNING SCHEME AMENDMENT C183 - GIRTON GRAMMAR – ADOPTION OF AMENDMENT Document Information Author
Alison Kiefel, Council Projects Planner
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Amendment details: Proponent: No. submissions: Recommendation:
Rezone 63 and 65 Wattle Street, Bendigo to Special Use Zone 10. Girton Grammar School. 4 from referral authorities with no changes requested. Council adopt Planning Scheme Amendment C183 as exhibited and forward to the Minister for Planning for approval.
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows. Productivity A diverse, strong and growing economy supports community resilience. Background Information The key steps in the amendment process are summarised below:
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
This amendment has its origins in a master plan and opportunities paper that was developed by BGA Architects (now E+ Architecture) in April 2004 to guide the future development and growth of the school. This master plan has been recently updated. It acknowledged that the Prep-12 school will continue to grow to a total student level of between 1,050 and 1,150 students and have two main campuses – Mackenzie Street (junior) and Wattle/Vine Street (senior). The plan identifies the land subject to the amendment for long term expansion opportunities. The school has for some time purchased property that is strategically located for the expansion and construction of facilities to provide for the continued growth of the school and ensure it meets the needs of the community. The school has previously received Council support for the rezoning of land for the construction of classrooms and other facilities (Amendments C15, C38, C72, C115 and C154) and the development of a gymnasium on the Londonderry Reserve. The land at 63 and 65 Wattle Streets were not included in previous amendments, as the School had not yet acquired the property at 63 Wattle Street. PAGE 12
Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
Previous Council Decisions 21 Nov 2012 – Council resolved to seek Authorisation from the Minister for Planning for this amendment (C183). Report An Explanatory Report is attached and details the purpose, effect of the amendment and provides the strategic justification for the amendment as required. Key issues identified in the Explanatory Report are summarised below. Land affected by the Amendment
Figure 1 – Subject site
The subject site is located at 63 & 65 Wattle Street, Bendigo.
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
The site is made up of two adjacent blocks of land at 63 and 65 Wattle Street, Bendigo. The overall site is irregular in shape and has a frontage of approximately 26m, on the western side of Wattle Street. The block of land immediately south of the subject site is currently zoned Special Use Zone 10, and is used by Girton Grammar School. Most other land in the vicinity is Business 4 Zone. The land currently contains a building that is used for office administration in association with the school. The building at 63 Wattle Street was demolished earlier in 2012. Overall, the site is approximately 720sqm in area. What the Amendment does The amendment proposes to: rezone 63 and 65 Wattle Street Bendigo from Commercial 2 Zone to the Special Use Zone – Schedule 10 (Girton Grammar School, Junior and Senior Campus, Vine, Wattle and Mackenzie Streets Bendigo). Amend Schedule 10 to the Special Use Zone to require a Soil Management Plan as part of a buildings and works permit application. Consultation/Communication Exhibition Procedures The Amendment was exhibited for one month from 12-Sep-2013 to 14-Oct-2013. Notice was provided in the following manner: Individual notices to 8 owners and occupiers of land affected by the Amendment. Notices to prescribed Ministers under Section 19(1)(c) of the Planning and Environment Act. Notices to all authorities materially affected under Section 19(1)(a) of the Act. Public notice of the Amendment in the Bendigo Advertiser on 11-Sep-2013 and 14Sep-2013. Publication of the notice of the Amendment in the Government Gazette on 12Sep-2013 Access on-line. Submissions 3 were received during the exhibition period and 1 late submission. Submitter
Supports/Objects
Recommendation
Coliban Region Supporting Water Corporation
No changes
Vic Roads Northern Region
- Supporting
No changes
Department of Supporting Environment & Primary Industries
No changes
Environmental
No changes
Supporting
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
Protection Authority (Late)
Conclusion It is recommended that Council adopt Amendment C183 without changes and forward to the Minister for Planning for Approval, given no submissions request a change or object. Options Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning authority may adopt an amendment or part of an amendment with or without changes. If a planning authority adopts part of an amendment the amendment is then split into two parts. Officer recommends adoption of Amendment in full. Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of submissions received in relation to an amendment, the Council must either; Change the amendment in the manner requested by the submitters and adopt the amendment with changes; or Refer the submission(s) to an Independent Panel appointed by the Minister; or Abandon the Amendment or part of the Amendment. Section 22(2) of the Planning and Environment Act 1987 advises that Council has the option of accepting late submissions, but must do so if requested by the Minister for Planning. Resource Implications Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees as per the Policy for private Planning Scheme Amendments adopted by Council. Attachments Copy of submissions (4) Explanatory report
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
RECOMMENDATION That the Greater Bendigo City Council resolve to: 1. Accept late submission by the Environmental Protection Authority. 2. Adopt Greater Bendigo Planning Scheme Amendment C183 without changes. 3. Forward the adopted Amendment to the Minister for Planning for approval together with the prescribed information pursuant to Section 31 (1) of the Planning and Environment Act 1987.
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
2.2 ADOPT PLANNING SCHEME AMENDMENT C173 – REZONING LAND IN HOLDSWORTH ROAD AND HOBSON STREET, NORTH BENDIGO TO RESIDENTIAL 1 ZONE AND PUBLIC PARK AND RECREATION ZONE Document Information Author
Shannon Rosewarne, Senior Planner
Responsible Director
Prue Mansfield, Director Planning and Development
Summary/Purpose Amendment details: Rezone part of the land at 107-125 Holdsworth Road and 10 and 28 Hobson Street, North Bendigo from Public Use Zone 3 (Health and Community) & 7 (Other use) to Residential 1 Zone and Public Park and Recreation Zone, and apply the Environmental Audit Overlay and Bushfire Management Overlay, to enable the State Government to dispose of it, as it is no longer required. Proponent:
Sweett (Australia) Pty Ltd on behalf of Department of Treasury and Finance
No. submissions:
8 submissions received, one being a late submission. No opposing submissions.
Key issues:
Recommendation:
Completion of Environmental Audit for the site and subsequent mapping changes; Section 173 Agreement specifying management requirements for the land; Additional housing within the Urban Growth Boundary; Bushfire risk; Loss of native vegetation. Council adopt Planning Scheme Amendment C173 with mapping changes and forward to the Minister for Planning for approval.
Policy Context City of Greater Bendigo Council Plan 2013-2017 (updated 2013) Planning for Growth Our quality of life is maintained as our City’s population and economy grows. Our communities have the space and facilities they need for future growth.
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
Background Information The Amendment is required to facilitate the sale of the site by the Department of Treasury and Finance to private land developers for eventual redevelopment for residential purposes, because it is no longer required for public purposes. The site was formerly occupied by the Bendigo Psychiatric Hospital, which was decommissioned in 1998. Since then, the site has not been used for any other purpose. All buildings associated with the hospital were demolished in 1996. Investigations of the site identified a range of contaminants from the former Bendigo Psychiatric Hospital and exploratory mining activities. URS Australia Pty Ltd subsequently prepared a Remedial Action Plan - Former Psychiatric Hospital, Holdsworth Road Bendigo (January, 2011). The Department of Treasury and Finance (DTF) has now undertaken remediation works in accordance with the Remedial Action Plan and an environmental audit has been completed by Senversa Pty Ltd. Statements of Environmental Audit have been issued for the site, subject to conditions about suitable land uses for various parts of the site. The environmental audit concluded that although much of the site is free from contaminants and is suitable for sensitive uses such as residential development, portions of the site are not suitable for sensitive use and require application of the Environmental Audit Overlay to ensure appropriate future use and development. The results of the audit are further detailed later in this report. The exhibited Amendment proposed the Environmental Audit Overlay be applied to the whole site, however it is recommended that the mapping for the overlay be changed to accord with the results of the environmental audit. Previous Council Decisions 20 April 2012 - Planning Permit DV/979/ 2011 allows removal of native vegetation 25 July 2012 - Council resolved to request authorisation from the Minister of Planning to prepare the Amendment and exhibit it for one month. Report An Explanatory Report is attached that details the purpose, effect and strategic justification for the Amendment as required. Land affected by the Amendment The properties affected by the Amendment are: Part of 107-125 Holdsworth Road, North Bendigo 10 & 28 Hobson Street, North Bendigo
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
Figure 1: Aerial photograph showing the subject land and surrounds.
The land affected by the Amendment is approximately 14.11 hectares, located on the north side of Holdsworth Road. A small part of the site (approximately 1200 square metres) is located at the southern end of Green Street. The topography is undulating and generally falls toward Holdsworth Road. Vegetation on the site consists of patches of native vegetation and also some scattered native and planted trees. To the south and east of the site, with the exception of the new ambulance station on Holdsworth Road, residential development prevails. To the north is vegetated public land in the Jackass Flat Nature Conservation Reserve and to the west are the Bendigo Clinical Training Centre and the Joan Pinder Nursing Home.
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
Most of the site is currently zoned Public Use Zone 3 (Health and Community) and 7 (Other), except for a narrow strip of land that crosses the site generally from south-west to north-east zoned Public Park and Recreation. The Bushfire Management Overlay affects a relatively small area of the site on its north-east corner. What the Amendment does The Amendment proposes to: Rezone land known as part of 107-125 Holdsworth Road, North Bendigo from part Public Use Zone (Health and Community), Part Public Use Zone (Other Public Use) and part Public Park and Recreation Zone to part Residential 1 Zone and part Public Park and Recreation Zone Rezone land at 10 Hobson Street, North Bendigo from Public Use Zone (Health and Community) to Residential 1 Zone Rezone 28 Hobson Street, North Bendigo from Public Use Zone (Other Public Use) to Residential 1 Zone Apply the Environmental Audit Overlay to part of the site; and Apply the Bushfire Management Overlay to the whole site.
Figure 2: Proposed zoning
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
Consultation/Communication Exhibition procedures The Amendment was formally exhibited between 15 November and 27 December 2012 and the following notification occurred: Notification to 204 owners and occupiers of land affected by the amendment; Notification of prescribed Ministers under Section 19(1)(c) of the Act; Notification of all usual departments and authorities materially affected under Section 19(1)(a) of the Act, including Environment Protection Authority, VicRoads, Country Fire Authority, Aboriginal Affairs Victoria and Native Title Services. Publication of the notice of the amendment in the Bendigo Advertiser on 14 and 17 of November 2012. Publication of the notice of the amendment in the Government Gazette on 15 November 2012. Council website Submissions Eight (8) submissions were received as a result of exhibition, one being a late submission from CFA. None of the submissions opposed the Amendment. A summary of the submissions is provided below: No.
Submission
Supports/Objects
Officer Recommendation
1
Bendigo Health
Supports.
No change to amendment
2
NCCMA
Supports.
No change to amendment
3
Department of Primary Industries
No objection. No change to amendment Amendment will have no impact on current mining tenements.
4
VicRoads
No objection. Noted that right turn lanes are required in Holdsworth Road at all three intersections and this will be a requirement for the future development of the site.
No change to amendment. VicRoads is a statutory referral authority for a subdivision application in this instance.
5
Environment Protection Authority
No objection. Noted that any future planning permit for development of the land will require appropriate conditions to address implementation of the Statement of Audit, including ongoing management and
A Section 173 Agreement will be required to be registered on title specifying the ongoing management requirements for the land.
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The overlay will be retained on the containment site and other areas not suitable for
Planning for Growth - Reports
No.
Submission
Ordinary Meeting - 04 December 2013
Supports/Objects
Officer Recommendation
monitoring requirements. sensitive uses without The Environmental Audit further remediation. Overlay must remain on the containment site. 6
Department Sustainability Environment
7
Goulburn Water
8
CFA submission)
of Supports. &
No change to amendment.
Murray No objection.
No change to amendment.
(late No objection. Noted that No change to amendment. the subject land is bordered by Box Ironbark vegetation to the North and East which presents a bushfire hazard. The CFA is generally satisfied that the risk to future development can be reduced to an acceptable level through compliance with the Bushfire Management Overlay.
Key issues The key issues relating to this Amendment are summarised below: Site contamination The Amendment will have an overall positive environmental effect because it encourages the clean-up and re-use of the site by rezoning it to Residential 1 and Public Park and Recreation Zone and applying the Environmental Audit Overlay. The overlay requires that before a sensitive use (residential use, child care centre, preschool centre or primary school) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either: A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use. The site has a range of contaminants from the former Bendigo Psychiatric Hospital and exploratory mining activities. The Department of Treasury and Finance has recently completed remediation works at the site in accordance with the Remedial Action Plan (January, 2011) prepared by URS. The report states that arsenic in soils is the primary contaminant of concern. PAGE 22
Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
An independent auditor has carried out an audit of the site. Five Statements of Environment Audit subject to conditions have been issued for the various parts of the site which are shown in the map below.
Figure 3: Plan showing Environmental Audit areas.
The table below details the audit results for the various parts of the site shown in Figure 3. Area of site
Audit Result
Proposed Zone
Fenced Area Suitable for commercial (Part of Crown or industrial uses, Allotment 2081 (28D) subject to conditions on Title Plan 914890D located to the north of the capped open space area)
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Residential 1 Zone
Environmental Audit Overlay Yes
Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
Unremediated Area (Part of Crown Allotments 2081 (28D), 2084 (28E) and 2085 (28J) on Title Plan 914890D.
Prior to any substantive changes such as excavation, construction of buildings or occupation of this area for sensitive uses, assessment of and any necessary clean-up of contaminated soils associated with former and current underground services is required, with approval required by an environmental auditor. Roadway Areas Suitable for roadway, (Part of Crown commercial or industrial Allotment 2081 (28D) land uses subject to on Title Plan conditions. 914890D) Open Space Area Suitable for (Part of Crown recreation/open space, Allotment 2081 (28D) commercial and on Title Plan industrial land uses 914890D subject to conditions. Proposed Suitable for sensitive Residential Areas use including (Part of Crown residential, commercial, Allotments 2081 industrial and (28D), 2084 (28E) recreation/open space and 2085 (28J) on subject to conditions. Title Plan 914890D. Area excluded from Suitable for remediation recreation/open space, (Part of Lot 28D) commercial and industrial uses subject to conditions.
Residential 1 Zone
No
Residential 1 Zone
Yes
Public Park and Recreation Zone
Yes
Residential 1 Zone
No
Residential Zone
Yes
Since exhibition, the zone mapping has been amended to reduce the area of Public Park and Recreation Zone slightly, and the Environmental Audit Overlay mapping has been amended by reducing the extent of the overlay to accord with the outcomes of the Audit. The Environmental Audit Overlay was originally proposed over the whole site, but has now been amended so that it covers the capped open space area to be rezoned to Public Park and Recreation Zone and other parts of the site deemed unsuitable for residential use as per the table above. The majority of the subject land is suitable for residential use, subject to conditions of the Statement of Environmental Audit. The conditions require that any edible plants must be grown in at least 0.3m thickness of clean soil brought into the site, or in pots with clean soil or potting mixture. PAGE 24
Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
The ‘Unremediated Area’ adjacent to Holdsworth Road will require further assessment and possibly clean-up before it is suitable for use and development for sensitive uses, such as residential development, as it contains underground pipes that need to be replaced elsewhere on the land, before they can be removed. The pipes are located within arsenic affected soil, however this can be removed when the pipes are taken out. The environmental auditor has advised that this area is not required to be included in an EAO. Contaminated soil has been excavated, filtered and relocated to the North West portion of the site (the containment site). This part of the site will not be suitable for sensitive uses and is proposed to be capped, retained as open space in government ownership and zoned Public Park and Recreation Zone. This area, together with the Fenced Area, will be managed and maintained by Department of Environment and Primary Industries. The areas described as ‘Roadway Area’, ‘Fenced Area’ and ‘Area excluded from remediation’ are not suitable for residential use and the Environmental Audit Overlay will be applied to these areas. In the event that further remediation of the site occurs, or a further risk assessment is undertaken which demonstrates that arsenic concentrations do not pose a risk to any beneficial use, a Certificate of Environmental Audit may be issued. Should this occur, it would be appropriate to remove the Environmental Audit Overlay from the subject land via a Planning Scheme Amendment. Section 173 Agreement A S173 Agreement will be required to ensure the ongoing management requirements of the land are met. The Department of Treasury and Finance has entered into a Memorandum of Understanding to require the future purchaser/s of the land to enter into a Section 173 Agreement with the City of Greater Bendigo, which will be registered on title once the land is sold. This will ensure that future owners of the land are aware of the ongoing management requirements for the land. This requirement will be a condition of the Contract of Sale for the land. Residential Development The site is located within the Urban Growth Boundary, close to services and other residential development. A key element of the Residential Development Strategy is to encourage urban containment, including infill development. The Strategy proposed that over 3,000 dwellings would be accommodated through infill developments by 2030. The site, at a density of 15 lots per hectare, has the potential to provide up to 280 lots in a suitable location which is close to services and transport.
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Planning for Growth - Reports
Ordinary Meeting - 04 December 2013
Bushfire Risk A Bushfire Management Statement was prepared by Sweett Group (Australia) Pty Ltd on behalf of the proponent. The Amendment proposes to extend the Bushfire Management Overlay over the whole site. While a subdivision concept has not been developed at this point, the Bushfire Management Statement has demonstrated that dwellings can comply with a Bushfire Attack Level 19 and appropriate defendable space can be provided within any future residential development. The CFA did not object to the Amendment and advised that it is generally satisfied that the risk to future development can be reduced to an acceptable level through compliance with the Bushfire Management Overlay. Native Vegetation The development of the site will require some vegetation clearance. An Ecological Assessment prepared by Garry and Brenda Cheers (2010) found that the site contains five patches of native vegetation (one of which contains seven large old native trees) and 17 scattered trees. The majority of the study area had formerly been gardens and open planted park land. The vegetation on the site is mostly non indigenous native vegetation. The report describes the indigenous vegetation as being of little biodiversity value due to poor management. A Planning Permit issued in April 2012 by Council allowed the removal of the five patches of native vegetation and two scattered trees to allow the remediation works to occur. Any further removal of the remaining remnant native vegetation will require a planning permit with offsets. Department of Sustainability has advised that it supports the Amendment. Conclusion The Amendment will facilitate the sale of land and its redevelopment. The rezoning will facilitate infill residential development in a well located area and provide for additional housing. Given no submissions seek a change or object to the proposal, it is recommended that Council adopt the amendment with minor changes to the zone mapping and changes to the Environmental Audit Overlay mapping which will reduce the extent of the overlay on the land. Council can then seek approval of the Amendment from the Minister for Planning. Options Section 29(1) & (2) of the Planning and Environment Act 1987 states that a Planning Authority may adopt an amendment or part of an amendment with or without changes. If a planning authority adopts part of an amendment the amendment is then split into two parts.
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Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of submissions received in relation to an amendment, the Council must either; Change the amendment in the manner requested by the submitters and adopt the amendment with changes; or Refer the submission(s) to an Independent Panel appointed by the Minister; or Abandon the Amendment or part of the Amendment. The Planning Authority may abandon an amendment under Section 28 of the Planning and Environment Act 1987. There are no opposing submissions or submissions that seek a change to the Amendment. It is therefore recommended that Council adopt the Amendment with changes to the mapping, for the reasons previously outlined. Resource Implications Officer time will be required to prepare the necessary Amendment documentation for adoption. Officer time will be required to assess future planning permit applications. The proponent has agreed to pay for the statutory fees and extra costs incurred by the City as per the Policy for private Planning Scheme Amendments adopted by Council. Attachments Explanatory report Submissions Maps RECOMMENDATION That the Greater Bendigo City Council resolve to: 1.
Accept the late submission from the Country Fire Authority.
2.
Adopt Greater Bendigo Planning Scheme Amendment C173 with changes.
3.
Forward the adopted Amendment to the Minister for Planning for Approval with the prescribed information required under the Act.
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2.3 15 TOWERS STREET, FLORA HILL 3550 - 2 LOT SUBDIVISION Document Information Author
Liz Commadeur, Subdivision Planner
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Application details: Application No: Applicant: Land: Zoning: Overlays: No. of objections: Consultation meeting held: Key considerations: Conclusion:
The subdivision of land into 2 lots DS/559/2013 M J L Ciavarella 15 Towers Street, FLORA HILL 3550 Residential 1 Zone There are no overlays 1 4 November 2013 Whether the proposed subdivision will cause on-street parking issues for residents living in Towers Street. Tower Street and the surrounding street network can cater for the car parking needs generated by the proposed subdivision. The subdivision meets the requirements of the Planning Scheme and a permit should be granted, subject to conditions.
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows. Productivity A diverse, strong and growing economy supports community resilience. Sustainability Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets.
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Report Subject Site and Surrounds The subject site is located at the corner of Towers Street and Flora Lane. The site is generally rectangular in shape with an area of 785 square metres. A weatherboard dwelling is positioned in the front part of the site. A galvanized iron fence is located along the Flora Lane frontage of the site. The land slopes towards the west of the site. Services, including reticulated water and sewerage, power, gas and telecommunications are currently connected to the site. The site is located within close proximity to the Strath Village shopping precinct, schools, La Trobe University and recreation facilities. The site has abuttals to four residential properties. A long narrow lot is located on the eastern side of Flora Lane. Towers Street and Flora Lane are part of an established residential area of Flora Hill. The size of the lots in Towers Street range between 340 and 1840 square metres, while in Flora Lane, the lot sizes range between 180 and 1050 square metres. Gardens tend to be small to medium in size. Towers Street is a sealed road with kerb and channel. Flora Lane is a one way lane that has kerb located along the left hand side of the lane. Traffic moves in a northerly direction along Flora Lane. There are no footpaths along either of these streets. Both Towers Street and Flora Lane are slightly undulating.
Figure 1: Location map showing subject site. Objector’s property is marked with a star.
Proposal The applicant seeks approval to subdivide the site into two residential lots. Lot 1 will have an area of 392 square metres. The dwelling will be retained on this lot. Access will be gained from Towers Street.
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Lot 2 will have an area of 393 square metres. Access will be gained from Flora Lane.
Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone (R1Z). A permit is required under the zone provisions to subdivide the site. The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application: State Planning Policy Framework: Regional development (clause 11.05). Urban environment (clause 15.01). Sustainable development (clause 15.02). Integrated transport (clause 18.01). Movement networks (clause 18.02). Municipal Strategic Statement: Municipal profile (clause 21.01). Key issues and influences (clause 21.02). Vision - strategic framework (clause 21.03). Strategic directions (clause 21.04). Settlement (clause 21.05). Housing (clause 21.06). Environment (clause 21.08). Infrastructure (clause 21.09). Reference documents (clause 21.10). Local Planning Policies: Salinity and erosion risk policy (clause 22.04). Flora Hill residential character policy (clause 22.14) Other relevant provisions: Residential subdivision (clause 56) Decision guidelines (clause 65). Referral and notice provisions (clause 66). Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral
Comment
Traffic & Design
No objection subject to conditions
Drainage
No objection
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Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising, one objection was received, with the grounds of objection being: Potential increase of visitor car parking in Towers Street. There is no footpath along Flora Lane, to cater for pedestrians. A development plan for Lot 2 was not submitted with the application. The objections are discussed below. Planning Assessment Car Parking The objector is concerned that the proposed subdivision will create car parking congestion along Towers Lane, in particular, in front of the objector’s property at 17 Towers Street. The objector’s concern has some validity due to the narrowness of Flora Lane, where there is no opportunity for vehicles to park. The objector states that the dwellings at 2A, 2B and 2C Flora Lane already attract a number of visitors who take up a number of car spaces in Towers Street. The existing dwelling fronting onto Towers Street currently is able to accommodate two off-street parks and on-street parking is available on Towers Street and the proposed Lot 2 is able to accommodate off-street parking. As noted the narrowness of Flora Lane means on-street visitor parking will not be available in the lane. However, Towers Street is sufficiently wide for cars to park on both sides of the street. There is room to park vehicles nearer the top of Towers Street or alternatively, towards the Wirth Street end of the street. There is also opportunity for car parking in nearby Race Street. On-Site Parking for Lot 2 The objector believes that the application should have submitted a development plan for a dwelling on Lot 2, in particular, to show that adequate car spaces can be achieved on site. The proposed lot size of 393 square metres is capable of accommodating a metre building envelope. The planning scheme specifies a dwelling with two bedrooms should have one covered car space and one uncovered space. sufficiently large to accommodate car spaces for any future dwelling that constructed on the lot. This can be achieved by either having a double garage tandem car spaces or alternatively a single garage with one tandem space.
15 x 10 or more Lot 2 is may be with two
It is concluded that adequate parking can be provided for the existing dwelling and any future dwelling.
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Absence of footpath The objector is concerned that there is no footpath access along Flora Lane. The width of the Flora Lane road reserve measures approximately 5 metres, with the sealed road being 3 metres wide. Vehicular traffic is one way along Flora Lane. Due to the narrowness of the lane, a footpath has never been constructed. Over time, pedestrians and vehicular traffic have shared the lane, which has been an acceptable outcome for users. Future pedestrian traffic generated as a result of the proposed subdivision will be minimal. In conclusion, Flora Lane is too narrow to allow for the construction of a footpath. The current shared arrangement of pedestrian and vehicular traffic will continue to be an adequate outcome for users. Neighbourhood Character In relation to neighbourhood character, the site is located within Precinct 4 of the Flora Hill residential character policy. The desired future character for the precinct is to maintain the spacious qualities of the streetscape. The generous width of Lot 2 to Flora Lane will enable any future dwelling to achieve adequate side setbacks. The future construction of a dwelling on Lot 2 will replace an old corrugated iron fence, which will enhance the streetscape of Flora Lane. The proposed lots sizes of 392 and 393 square metres are generally in accordance with the lots in the area. Overall, the two lot subdivision proposed will respect the objectives of the Flora Hill residential character policy and won’t detract from the character of the existing streetscape. Rescode Rescode requirements, including the provision of adequate solar orientation, car parking and private open space can be achieved. Access is available to both lots. Lot 2 has sufficient room to accommodate a building envelope of 10 metres by 15 metres. All services can be connected to the site. Conclusion It is concluded that the proposed subdivision of the site complies with the Planning Scheme and thus a permit should be granted. Options Council, acting as the responsible authority for administering the planning scheme, may resolve to: grant a permit with conditions, or refuse to grant a permit.
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Attachments Copy of objection RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for a two lot subdivision at 15 Towers Street, Flora Hill subject to the following conditions:
1.
PLANS TO BE ENDORSED The plans to be endorsed and which will then form part of the permit are the plans submitted with the application.
2.
LAYOUT PLANS The subdivision, as shown on the endorsed plans, must not be altered without the prior written consent of the responsible authority.
3.
PROVISION OF SERVICES The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authorities’ requirements and relevant legislation at the time.
4.
EASEMENTS All existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.
5.
REFERRAL OF PLAN The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with section 8 of that Act.
6.
DETAILED DRAINAGE PLANS Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater run-off. (b) A point of discharge for each lot. (c) Independent drainage for each lot.
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STORMWATER DETENTION Prior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge: Q100 = 7.0 l/s
8.
STORMWATER QUALITY Before the use or development is commenced, the owner or applicant must provide a stormwater treatment system to achieve the Best Practice Environmental Guidelines storm water quality (Victoria Stormwater Committee 1999) in accordance with plans and specifications to the satisfaction of the responsible authority. Or The responsible authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $750 or such amount applying at the time of payment.
9.
DRAINAGE WORKS Prior to the issue of the statement of compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority.
10.
SECTION 173 AGREEMENT Prior to the issue of statement of compliance, the applicant/owner must enter into an agreement under section 173 of the Planning and Environment Act 1987. Such agreement must covenant that: (a) The system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction. (b) Each system must be constructed either prior to, or currently with, the construction of any building on the specified lots. (c) The system must be completed prior to connection to the responsible authority’s drainage system. (d) The owner will maintain each system and not modify without prior written approval from the responsible authority. (e) The owner shall allow duly authorised officers of the responsible authority to inspect the system at mutually agreed times. (f) The owner will pay for all costs associated with the construction and maintenance of the system.
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11.
PUBLIC ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb and channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.
12.
CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. This plan shall include, but not be limited to: (a) A site specific plan showing proposed erosion and sedimentation control works. (b) Techniques and intervention levels to prevent a dust nuisance. (c) Techniques to prevent mud and dirt being transported from the site to adjacent streets. (d) The protection measures taken to preserve any vegetation identified for retention. During construction of works associated with the subdivision, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency.
13.
TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with: A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time. A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. (b) Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time. A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. PAGE 35
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EXPIRY OF THE PERMIT The permit will expire if: (a) The plan of subdivision is not certified within two years from the date of this permit; or (b) The subdivision is not completed within five years from the date of certification of the plan of subdivision. The responsible authority may extend the time for certification of the plan if a request is made in writing before the permit expires or within six months afterwards.
NOTE: CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with: (a) The Road Management Act 2004. (b) Road Management (Works and Infrastructure) Regulations 2005. (c) Road Management (General) Regulations 2005. with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works� (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.
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Attachment 1: Proposed plan of subdivision
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2.4 90 MUNDY STREET, KENNINGTON 3550 - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A NEW SINGLE STOREY DWELLING Document Information Author
Chris Duckett
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Application details: Application No: Applicant: Land: Zoning: Overlays: No. of objections: Key considerations:
Conclusion:
Demolition of existing dwelling and construction of a new single storey dwelling DD/318/2013 M R Waters 90 Mundy Street, KENNINGTON 3550 Residential 1 Zone Neighbourhood Character Overlay 1 Environmental Significance Overlay 1 0 Whether the existing dwelling contributes to existing neighbourhood character; The weight that should be given to the heritage significance of the dwelling; Whether the condition of the dwelling supports its demolition. Whether the design of the proposed dwelling is an appropriate outcome with respect to neighbourhood character. The proposal would result in the loss of a dwelling of heritage significance which makes an important contribution to neighbourhood character. Furthermore the design of the replacement dwelling is not respectful of existing and preferred neighbourhood character. This report recommends that the City of Greater Bendigo Council issue a Refusal to grant a Planning Permit for the application.
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows. Productivity PAGE 38
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A diverse, strong and growing economy supports community resilience. Sustainability Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets. Background Information The application as submitted originally proposed only the demolition of the existing dwelling. The application was deferred from Council’s meeting of 2 October 2013 as the applicant decided to amend his application to include the construction of a new dwelling. Report Subject Site and Surrounds The subject site comprises a rectangular block of land with an area of 718m 2 which is located on Mundy Street with a rear abuttal with Havlin Street East. The site has a fall of approximately 2 metres across the site from the front to the rear. Located on the site is a single storey weatherboard dwelling with a predominantly hipped roof with projecting gabled roof and verandah to the front façade. The site is quite densely vegetated at the front with some largely exotic vegetation. Although Council rates records suggest that the building dates from circa 1920, the City’s Heritage Architect / Advisor is of the view that the house dates from circa 1900. The dwelling has a front section with four rooms either side of a central hallway and a rear section containing a kitchen, bathroom and a sleepout. The rear section was added at a later date. The area around the site is wholly residential with single storey dwellings built in varying styles from different eras, in particular Victorian, Edwardian and Inter-war.
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Figure 1: Location map showing subject site.
Figure 2: Aerial of the subject site.
Proposal The proposal is to demolish the existing dwelling and construct a new single storey dwelling. The proposed dwelling would be single storey brick veneer with steel roof and aluminium windows and a double garage fronting Mundy Street. The original application provided no justification for the demolition of the dwelling. After being advised that officers did not support demolition the applicant provided a building report on the condition of the dwelling which found faults with the dwelling including sagging ceilings, springing floors, window out of plumb, structural failing of the chimney and poor drainage. The report concluded that: ‘The remedial work required to return this house to a sound structural (sic) that is suitable for habitation is extensive and will prove to be uneconomic and demolition of the house is the only logical conclusion’
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Figure 3: Floor plan of dwelling to be demolished.
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Figure 4: Front faรงade of the existing dwelling.
Figure 5: Front faรงade of the existing dwelling.
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Figure 6: Proposed replacement dwelling.
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Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework Clause 15 Built Environment and Heritage Municipal Strategic Statement Clause 21.02 Key Issues and Influences Local Planning Policies Clause 22.06 Heritage Policy Clause 22.24 Strathdale/Kennington Residential Character Policy Other Provisions Clause 43.01 Neighbourhood Character Overlay Clause 54 One dwelling on a lot Consultation/Communication Referrals The following internal department has been consulted on the proposal: Referral
Comment
Heritage
Demolition of the front part of the house and verandah is not supported.
Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. No objections were received. Planning Assessment What is the existing neighbourhood character? Before assessing the application it is important to firstly understand the role of neighbourhood character in the Planning Scheme and secondly to fully appreciate the character of the neighbourhood in which the site lies. Neighbourhood character is referenced as an important consideration throughout the Planning Scheme including Clauses 15.01 Urban Environment, 22.24 Strathdale/Kennington Residential Character Policy, 32.01 Residential 1 Zone and in particular at Clause 43.01 Neighbourhood Character Overlay (NCO) and Clause 54 Construction of one dwelling on a lot.
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The Residential Character Policy describes the area as follows: There is a mix of building styles and materials, but the position of each house on its block is consistent and therefore important, as are spaces between the houses through which glimpses of back yard trees are visible. In some locations, mature trees in reserves or private gardens dominate the skyline. Front gardens form part of the street scene because of the low or transparent front fences. Some streets have avenues of large exotics, which add to the character of the area. The Policy also has the following statement of desired future character: The spacious, garden suburb qualities of the streetscapes will be maintained by: Retaining heritage buildings that contribute to the character of the area Attention to appropriate roof form Minimising the impact of car storage facilities Ensuring buildings respect the predominant front and side setbacks in the street Articulating plan forms and elevation treatments Ensuring low, open style fencing appropriate to the era of the dwelling The applicant’s written description of the neighbourhood character is limited to the two adjoining properties. To gain a full appreciation of neighbourhood character it is necessary to undertake a wider survey of existing dwellings in the area. The table below documents the ages and identifies some important characteristics of the 16 dwellings including the site between Havlin Street East and Sternberg Street. Address 86 Mundy St 88 Mundy St 89 Mundy St 90 Mundy St 91 Mundy St 92 Mundy St 93 Mundy St 94 Mundy St 95 Mundy St 96 Mundy St 97 Mundy St 98 Mundy St* 99 Mundy St 100 Mundy St 101 Mundy St 103 Mundy St
Age^ 1900 1900 1960 1920 1925 1920 1920 1973 1880 1979 1915 1925 1920 1925 1890 1925
Construction Weatherboard Weatherboard Brick Veneer Weatherboard Weatherboard Weatherboard Weatherboard Brick Veneer Weatherboard Brick Veneer Weatherboard Weatherboard Weatherboard Weatherboard Weatherboard Weatherboard
Roof Pitched/metal Pitched/metal Pitched/tile Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/tile Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/metal
Car storage Rear garage Rear garage Rear garage None None Open side carport None Open side carport None Rear carport None None None None None None
^ Dates taken from the City’s rates records. *The City has approved a subdivision and development of two dwellings on this block.
It can be concluded from the above that neighbourhood character is derived primarily from single storey dwellings from the Victorian/Edwardian era (13 out of 16). PAGE 45
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Characteristics of dwellings in the area include: use of weatherboard articulated pitched roof form often with front gables and verandahs central front door with windows to habitable rooms on the front façade no car storage or car storage located to the rear fairly consistent front setbacks and building heights Does the existing dwelling contribute to existing neighbourhood character? In light of the findings of the survey above it is clear that the existing dwelling is typical of those found in the street and it is such dwellings that greatly contribute to neighbourhood character. The NCO seeks to ensure that development respects neighbourhood character and to prevent, where necessary, the removal of buildings before the neighbourhood character features of the site and the new development have been evaluated. Schedule 1 to the NCO relates to Bendigo Early Settlement Residential Character and has an objective of encouraging the retention of existing pre-World War I and inter-war dwellings. The decision guidelines to the Schedule include the extent to which the exterior of any pre-World War I or inter-war era building is intact or repairable. In addition, the Strathdale/Kennington Residential Character Policy has an objective to retain buildings that contribute to the valued character of the area and encourages the retention and restoration of intact Victorian, Edwardian, Federation and Inter-war era dwellings. It is clear therefore that both planning policy and the controls on this site seek the retention of dwellings where they are deemed to make a contribution to neighbourhood character The dwelling proposed to be demolished makes an important contribution to existing neighbourhood character as it is one of a significant number in this part of Mundy Street which contributes to the quality of the streetscape. The dwelling has an architectural quality which is worthy of protection and its demolition will diminish the value of the streetscape which will have an adverse impact on neighbourhood character. Allowing demolitions of dwellings of this type will incrementally erode neighbourhood character and reduce the value of the Overlay that Council introduced in 2004. What weight should be given to the heritage significance of the dwelling? The dwelling was identified in the Eaglehawk and Bendigo Heritage Study with a ‘C’ grading which is defined of being of local importance. Although there is no heritage overlay to control the demolition of the dwellings, the City does have a heritage policy which applies to all land in the municipality. The policy has the effect of requiring an assessment to be made of the heritage values of any building that is proposed to be demolished.
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As the dwelling dates from before 1920 it is Council policy to report the demolition of the dwelling to the Heritage Advisory Committee (HAC). HAC passed a motion that supported the Heritage Architect / Advisor’s recommendation to refuse demolition. Notwithstanding the grading of the property in the Heritage Study and the advice of the Heritage Architect / Advisor and HAC, it is important to note that heritage controls were never implemented on the property and therefore only limited weight can be given to the heritage significance of the dwelling. However, this is not to say that no weight should be given to it and the fact that it does have some heritage significance does provide further justification to the argument that it should be retained. Does the condition of the dwelling support its demolition? The applicant submitted that the dwelling is in poor structural condition, and he suggests that this justifies its demolition. He submitted a building condition report that purported to show that it is not economically viable to restore the building. The building report was assessed by the City’s Heritage Architect / Advisor who is a qualified architect and an internal and external site inspection was also undertaken. It is not accepted that the dwelling is in such poor condition that it should be demolished. With the exception of the rear chimney which it is agreed is structurally unsound, the dwelling appears to be largely intact. Problems such as floor springing and being out of level are not unusual in a building of this age and are usually rectified by restumping. The other cited problems can also be resolved with appropriate investment. There is no concern regarding the demolition of the rear section of the dwelling. Does the design of the dwelling respect neighbourhood character? Designing and siting new dwellings to respect neighbourhood character is a fundamental objective of the residential development provisions in planning schemes. It is important that the design responds to key features of the neighbourhood. The proposed dwelling would be constructed of brick veneer, aluminium windows, steel pitched roof with a double garage fronting Mundy Street. There are a number of elements of the dwelling that respond well to existing and preferred neighbourhood character including many of those cited in the Strathdale/Kennington Residential Character Policy. The height and scale of the dwelling is appropriate for the area. The roof pitch and design is relatively in keeping with other roof forms in the area. However the choice of rendered brickwork for the façade is somewhat at odds with the weatherboard appearance of most dwellings in the street but this is a matter that could be addressed by condition if a permit was to be granted. The main design issue with the proposal is the double garage fronting Mundy Street and the effect that this will have on the streetscape. As identified in the survey of dwellings in PAGE 47
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Mundy Street above, car storage is located to the side of dwellings or at the rear. If a dwelling was approved with a double garage it would be introducing an incongruous feature into the streetscape. The design of car parking is an important consideration in assessing residential developments. Clause 52.06 has a design standard which states that ground level car parking, garage doors and accessways must not visually dominate public space. Clause 54 Rescode has a requirement that garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character. It is clear that the double garage would both visually dominate public space and be incompatible with neighbourhood character and would not comply with ResCode. It is of note and of relevance to this streetscape that the dwelling recently approved at 98 Mundy Street was designed with the double garage to the rear. This is shown below in the plans in Figure 7.
Figure 7: Proposed dwelling at 98 Mundy Street.
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Dominant or out of character garages have been deemed sufficient reason to refuse developments at VCAT. An application ref: DSD/865/2008 for a new dwelling at 38 Hopetoun Street, Bendigo was supported by Council but was refused by VCAT in 2010 with the primary reason being that the garage was out of character. This was despite the garage being single width and recessed. The Tribunal made the following comments:
“I am not satisfied, however, that the proposed garage is appropriate.
It is an uncharacteristic element in terms of its siting and visibility in the streetscape when compared to the pattern of vehicle accommodation in the neighbourhood. Having inspected the site and surrounds, I agree with Mr Deidun that garages and carports are subservient to the dwellings. They are typically well recessed from the frontage and/or of an open nature such that they do not detract from the presentation of the dwelling. I consider this to be a notable characteristic of the locality. Clause 22.11 and the associated City of Greater Bendigo Residential Character Study both note that the dominance of car storage facilities is to be minimised. The Design Guidelines in the Character Study state that garages are to be located behind the line of the dwelling and that garages which dominate the building facade are to be avoided. The proposal is at odds with the prevailing siting and form of car accommodation in this locality. The garage is a solid structure sited close to the frontage and will be an obvious element of the dwelling’s appearance when viewed from the public realm.” In summary the design of the dwelling is not respectful of neighbourhood character and therefore fails to comply with the Planning Scheme. Conclusion This proposal requires a balancing of the applicant’s desire to demolish the existing building and construct a new dwelling against the Planning Scheme requirements to respect neighbourhood character. It is the officers’ view that firstly the dwelling should be retained and secondly even if demolition were to be supported the replacement dwelling does not respect neighbourhood character due to the dominant nature of the double garage. With an appropriate design a substantial extension could be added to the existing dwelling which with refurbishment would result in a home which would meet the requirements of modern day living whilst retaining its streetscape value. Approval of the development would be inconsistent with other decisions made by the City and would send a contradictory message to developers/applicants. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Heritage Architect / Advisor's Report PAGE 49
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RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for the demolition of the existing dwelling and construction of a new dwelling at 90 Mundy Street, Kennington for the following reasons: 1. The proposed demolition of the dwelling would be harmful to existing neighbourhood character by reason of the impact on the existing streetscape design contrary Clause 43.05 (Schedule 1) of the Neighbourhood Character Overlay and Clause 22.24 Strathdale/Kennington Residential Character Policy of the City of Greater Bendigo Planning Scheme. 2. The proposal would result in the loss of a dwelling with identified heritage values contrary to Clause 22.06 Heritage Policy of the City of Greater Bendigo Planning Scheme. 3. The design of the replacement dwelling would be harmful to existing neighbourhood character by reason of the impact on the existing streetscape design contrary Clause 43.05 (Schedule 1) of the Neighbourhood Character Overlay, Clause 22.24 Strathdale/Kennington Residential Character Policy and Clause 54 of the City of Greater Bendigo Planning Scheme
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2.5 DRAFT MELBOURNE METROPOLITAN PLANNING STRATEGY Document Information Author
Trevor Budge, Manager, Strategy Steven Abbott, Strategic Planner
Responsible Director
Prue Mansfield, Planning and Development
Summary/Purpose This report highlights the importance to Council and to the planning and development of Bendigo of the release of the final draft of the Melbourne Planning Strategy (MPS). The state government has invited submissions. The report seeks Council endorsement of a submission. Policy Context Council Plan Reference: Theme 1: Planning for Growth o Strategic Objective 1.3: ‘Our quality of life is maintained as our City’s population and economy grows. Action 1.3.4: ‘Lobby Federal and State Government for required infrastructure to be in place as our community grows. o Strategic Objective 1.4: ‘Our communities have the space and facilities they need for future growth’. Action 1.4.1: ‘Contribute to the Regional Growth Plan and Regional City Strategy being led by Regional Development Victoria. Regional Strategic Plan Reference: Draft Loddon Mallee South Regional Growth Plan (LMSRGP): Council unanimously adopted the draft LMSRGP on 2 October 2013. The MPS extensively references the eight Regional Growth Plans across Victoria which, as a larger suite of strategic plans effectively forms the State’s settlement planning framework.
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Planning for Growth - Reports
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Background Information The MPS is a detailed strategy for the short, medium and long term planning and development of the Melbourne metropolitan area. Significantly the MPS is in a number of ways a State strategy and has many elements which set a broader agenda for land use planning for more than just Melbourne. The MPS makes specific references to regional cities and to Bendigo in the context of a ‘State of Cities’. A full copy of the MPS is at http://www.planmelbourne.vic.gov.au/Plan-Melbourne A word only version of the MPS, with sections relevant to regional cities highlighted in yellow, has been prepared to assist Councillors. Reference to that document clearly illustrates how the MPS embraces and impacts on regional Victoria generally and specifically regional cities. As widely anticipated the MPS makes provision for some of the growth that is projected in Melbourne to be in regional cities including Bendigo and in nominated towns in the peri - urban area that surrounds Melbourne. The MPS was released in early October and invites submissions by 6 December 2013. It is expected that the final MPS will be released in early 2014, but it is not anticipated that there will be major changes to the MPS. The submission process is important because it provides Council with an opportunity to highlight key elements of the MPS that are relevant to Bendigo and to foreshadow infrastructure and other investments that Council is looking to state government for support. The MPS is designed to complement the eight regional growth plans that have been adopted across the state and it will provide a broad direction for land use and development in the Loddon Mallee South and the CoGB. The development of the MPS by the state government has been the result of an extensive consultative exercise undertaken over two years. A Discussion Paper, which foreshadowed much of the content in the MPS, was distributed early this year for comment, and the government has held numerous forums and workshops leading up to the release. The single overwhelming driver of the MPS is the need to accommodate an estimated population growth of 2.25m. people in Melbourne over the period to 2050. It is estimated that this population growth will require over 1m. new residential units to be constructed. Currently over 86% of the state’s net population increase is accounted for with the increase in the population of the Melbourne metropolitan area. Even with growth being supported in regional Victoria the proportion that will occur outside the metropolitan area will be likely to be comparatively small. Emphasising the broad nature and importance of the MPS and of its relevance to regional Victoria in the Premier’s Foreword to the MPS he states. The Strategy fits neatly within a broader suite of policies and strategies that the Victorian Government has developed to create a framework for the State’s sustained growth and prosperity. These include the Government's economic and fiscal strategy, the freight and logistics plan and the eight Regional Growth Plans. PAGE 52
Planning for Growth - Reports
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Developed in conjunction with the local community and businesses, these strategies and plans provide the basis for Victoria’s long-term development. Further on this theme, and in the Minister for Planning’s Foreword to the MPS, he states: Importantly, Plan Melbourne will be the first metropolitan planning strategy for Melbourne that genuinely integrates our regional and peri-urban areas to become places for large scale population growth over time. This will see the development of a true state of cities for Victoria as we direct population growth to our regions in order to boost their labour force and economic growth. Melbourne’s growth areas will no longer be the sole focus of population growth. The concept of a state of cities which is an underpinning theme in the MPS is explained in the document as: Capital cities play a significant role within state economies as service hubs and export gateways for regional businesses. In turn, regional centres that are well connected and within viable commuting distance of capital cities offer attractive housing and employment opportunities, and so relieve pressures on capital cities by absorbing some of their growing population. Victoria’s long-term prosperity will be supported by investments that facilitate the growth of regional Victoria and enable it to be better integrated with Melbourne, and with national and international markets. It is important to improve regional city connections, integrate metropolitan and regional planning, and help regional towns and cities be more affordable, attractive and vibrant places to live and work. This will help ensure that future population growth is not concentrated in Melbourne alone. Creating a state of cities will require a focus on strengthening regional city economies to help rebalance population growth between Melbourne and regional centres. (Author emphasis) The MPS relates closely to and complements the Regional Growth Plans which were developed to set out broad strategic land use and infrastructure directions for their regions. The LMSRGP which covers the municipalities of City of Greater Bendigo, and the Shires of Central Goldfields, Loddon, Macedon Ranges and Mount Alexander was adopted earlier this year by Council . LMSRGP emphasized the regional stakeholders’ aspirations and an agenda for regional development and long term strategic planning. The plan identifies goals focused around: Prosperous places; A vibrant provincial city; A thriving, diverse economy; and Enhanced natural and cultural heritage. It also establishes directions about regional settlement planning: Manage our population growth and settlements; Strengthen our communities, especially in our small towns; PAGE 53
Planning for Growth - Reports
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Strengthen and diversity our economy; Improve our infrastructure; and Protect and enhance our natural and built environment. Previous Council Decision(s) Date(s): Council endorsed the LMSRGP on 2 October 2013 Report The submission expresses strong support for the key elements of the draft plan. The submission also provides a vehicle for Council to further state agreed positions and ensure that the City’s interests are taken into consideration. However, it also outlines ways that the MPS could be improved to better respond to the most important future regional issues and provide the basis for coordination and future planning of community infrastructure. Consistent with the Council’s position on the LMSRGP, the submission suggests three key areas that require greater attention to ensure a more meaningful and useful MPS for our region and City. These three key areas are: 1. Stronger focus on the inherent strengths of the region and future directions. Bendigo and the region have significant strengths to build on and challenges to respond to in the future. Propulsive industries such as innovative manufacturing, finance, health, professional services and education sectors will play an increasingly important role in the region’s future. Ensuring investment in education and workforce development to provide jobs in the right economic sectors for the future will be critical for the future of Bendigo as the key regional city in the north of Victoria. While the MPS acknowledges these transformative economic areas, it remains difficult to identify key actions that support and enhance these future long term opportunities. 2. Articulating a strategic growth plan beyond land use planning policy. It’s important that the MPS provides a consolidated and distinct vision which encompasses the fundamental elements of a competitive Loddon Mallee South region. This should go beyond land use planning policy and provide a useful tool to stimulate investment and new opportunities within non-government sectors. 3. Identifying known regional infrastructure requirements that enable growth. There are a number of regional infrastructure projects which are known within the region but not explicitly supported within the MPS. Given that the MPS clearly espouses an aspirational population for Bendigo as the regional city, actions appear somewhat limited, perhaps by a level of uncertainty in the project funding. However, a strategic plan of the MPS scope should not be limited to actions focused on ‘advocating’ , ‘promoting’, ‘maximising’ or ‘reinforcing’. This is particularly evident in the generalised nature of the recommendations that support the transport section. Stronger transformative project identification is required to outline key strategic planning and investment.
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In addition the submission responds to a major government initiative that has resulted from the MPS, the formation of the Metropolitan Planning Authority. The Metropolitan Planning Authority has been formed from the Growth Areas Authority (GAA), which coordinated land use planning in the five designated growth areas of Melbourne. Earlier this year legislation was amended that enabled the GAA to operate in partnership with any municipality across the state. They have been working with two municipalities in Gippsland. With the formation of the Metropolitan Planning Authority it is envisaged by the state government that they will progressively work across many regional areas in partnership with Councils to provide land use planning and development assistance. Support in the form of resources from the state is welcomed but this should not be a metropolitan model roll out of land use planning imposed on regional areas. Council has undertaken extensive strategic planning to accommodate Bendigo’s future growth. This has been based on extensive community consultation and respect for the unique attributes of the city. However there are very specific forms of assistance that the MPS and the Metropolitan Planning Authority can provide that would ‘kick start’ projects that the Council is ready to move on such as bringing on stream large sites within the urban area that are mine despoiled and that have been identified for residential development, e.g. Chum Street. The submission specifically invites the State Government to assist it in bringing forward the development of such sites. Priority/Importance High – The MPS is a current high priority State Government project which will assist in and direct the planning and development of the state over the next twenty to thirty years. The MPS explicitly lists Bendigo as one of the regional cities that will be targeted for additional population growth. One of the principal components of the MPS is the concept that the planning for Melbourne move to the idea of a ‘state of cities’. With Victoria’s population projected to rise to 8.4 million by 2051, regional cities will need to take a greater share of population growth. This will enable regional cities to offer more opportunities to their residents and mitigate some of the population pressure on Melbourne. Ensuring that Bendigo is part of the coordinated approach to the land use and infrastructure direction and development of the state and the region over the next 30 years is of high importance. Timelines: Submissions to the draft MPS are required to be submitted by 6 December 2013. Consultation/Communication Internal Consultation: The City of Greater Bendigo (the City), through a collaborative cross-directorate process has reviewed the draft MPS against local policies and priorities, and has prepared a submission to assist the state government to help shape the final MPS.
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External Consultation: The MPS seeks high level input to the document. The MPS is a public document released for anyone to provide a submission to government. It has delivered a series of information and workshop sessions throughout the process over the last two years. Resource Implications There are no additional resource needs to endorse and lodge the submission. If proposals within the submission are taken up, eg work on key infill sites to get them to market, budget bids will be made if funding is required. Conclusion It is important that Bendigo forms a strong part of the state government’s regional approach to Melbourne’s planning and development. The regional planning framework and the MPS are fundamental means for implementing key strategic directions for the city. As a principle, the key issues of robust land use planning policy and coordination of investment into regional infrastructure are seen as critical to ensuring liveable, sustainable and competitive regions in Victoria and are therefore consistent with and supportive of Melbourne’s growth and development. The submission prepared aims to add further value so that the MPS can best respond to the most important future regional issues. Having Council’s support for the submission is important. Attachments 1. A word only version of the MPS, with sections relevant to regional cities highlighted in yellow. 2. City of Greater Bendigo Submission to the Melbourne Planning Strategy. RECOMMENDATION That the Greater Bendigo City Council: Endorses the City of Greater Bendigo submission to Plan Melbourne, the Metropolitan Planning Strategy.
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Liveability / Productivity - Reports
3.
Ordinary Meeting - 04 December 2013
LIVEABILITY
Nil. 4.
PRODUCTIVITY
Nil.
PAGE 57
Sustainability - Reports
5.
Ordinary Meeting - 04 December 2013
SUSTAINABILITY
5.1 AWARDING OF CONTRACT NO: CT000098 RESEAL OF VARIOUS ROADS Document Information Author
Noel Shanahan, Co-ordinator Infrastructure Development
Responsible Director
Darren Fuzzard, Director Presentation and Assets
Summary/Purpose This report considers tenders submitted for the resealing of roads and recommends the contract be awarded to Primal Surfacing Pty Ltd. Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2013–2017: Theme: 4
Sustainability
Strategic Objective: 4.1
Existing infrastructure and assets are well maintained and appropriately upgraded to sustain them for future generations. Maintain investment in renewal of existing infrastructure assets so they remain safe, sound and fit for purpose. Maintain increased investment in rural roads.
Strategic Objective: 4.1.1 Strategic Objective: 4.1.2 Report
Three tenders were received for bituminous sealing of roads at various locations. The tenderers are: Primal Surfacing Pty Ltd Roads Corporation trading as Sprayline Boral Resources (Vic) Pty Ltd trading as Boral Asphalt This year’s resurfacing program represents an effective cycle rate on bituminous seals of 1 in 15.8 years or approximately 6.3% of the sealed road network. On average, the desirable rate is 1 in 16 years or 6.2% of the sealed road network. The contract is for one year and the program requires the resealing of approximately 559,000 square metres of roads including 39,000 square metres of final seals.
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All tenderers have undertaken spray sealing contracts for the municipality in recent years. Primal Surfacing undertook the spray sealing works last season. Sprayline and Boral Asphalt have depots based in Bendigo. All are very capable contractors with a good history of satisfactory performance. The evaluation panel consisting of Brett Martini, Manager Engineering & Public Space, Noel Shanahan, Coordinator Infrastructure Development and Michael Kiley, Infrastructure Engineer evaluated the tenders in accordance with the criteria specified in the tender documents. The tender evaluation panel has undertaken a thorough assessment and evaluation of the tenders as per the tender conditions. The tender with the highest evaluation score and representing the best value to Council was from Primal Surfacing whose tender is also the lowest price. It should be noted that Primal Surfacing provided amended prices to two job items as requested by the City. The tender amount increased by $1,428. Resource Implications The budget for these works is included in the resurfacing and final seal budget. The resurfacing budget allocation of $3.7 million is made up of reseal and asphalt components. This contract contains the reseal component. Details of individual allocations are: Budget
Amended Contract Price (excludes GST)
Reseals
$2,580,000
$2,572,185 (includes $100,000 contingency)
Asphalt
$ 540,000
Tender advertised
Asphalt works still to be arranged
$ 580,000
To be tendered next year
Total Resurfacing
$3,700,000
The final seal allocation is:
Final Seals
Budget
Contract Price (excludes GST)
$200,000
$172,476 (includes $20,000 contingency)
It should be noted that the Contract Price is subject to rise and fall and has adjustments for area and bitumen rates. Conclusion The evaluation panel recommend that the contract be awarded to Primal Surfacing.
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RECOMMENDATION That Contract No: CT000098 for the Sealing of Various Roads be awarded to Primal Surfacing for the amended sum of $2,744,661 (excluding GST).
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Good Governance and Decision-Making - Reports
6.
Ordinary Meeting - 04 December 2013
GOOD GOVERNANCE AND DECISION-MAKING
6.1 RECORD OF ASSEMBLIES Document Information Author
Peter Davies, Manager Executive Services
Responsible Officer
Craig Niemann, Chief Executive Officer
Summary/Purpose The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting. Policy Context The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting. Background Information The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed. A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. 2.
A planned or scheduled meeting that includes at least half the Councillors (5) and a member of Council staff; or an advisory committee of the Council where one or more Councillors are present.
The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.
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Report
Meeting Name/Type Meeting Date Matters discussed
Councillors
Staff/ Community Representatives
Meeting Information Consultation Meeting 29 October 2013 Planning application DS/745/2013 2-lot subdivision of land at 31 Curnow Street, Golden Square
Attendees/Apologies Cr Barry Lyons Apologies: Cr Rod Fyffe Cr Elise Chapman Liz Commadeur Peter Brasier/ Applicant Objectors
Conflict of Interest disclosures Matter Councillor/officer making disclosure Councillor/officer No. meeting Nil
Meeting Name/Type Meeting Date Matters discussed
Councillors
Staff/ Community Representatives
left
Meeting Information Consultation meeting 29 October 2013 Planning application DG/428/2013 Construction of a shed at 20 Pentlands Road, Mandurang Attendees/Apologies Cr Barry Lyons Cr Elise Chapman Apology: Cr Rod Fyffe Frank Casimir Giselle Harris/ Applicant Objectors
Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil
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Good Governance and Decision-Making - Reports
Meeting Name/Type Meeting Date Matters discussed
Councillors
Staff/ Community Representatives
Ordinary Meeting - 04 December 2013
Meeting Information Consultation meeting 4 November 2013 Planning application DS/559/2013 2-lot subdivision at 15 Towers Street, Flora Hill Attendees/Apologies Cr Mark Weragoda Cr Rod Campbell Apology: Cr Helen Leach Liz Commadeur Andrew Smith/ Applicant Objectors
Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil
Meeting Name/Type Meeting Date Matters discussed
Councillors Staff/ Community Representatives
Meeting Information Bendigo Airport Advisory Committee 6 November 2013 1. Bendigo Airport Development Project - Planning Scheme Amendment and permit (update) 2. Bendigo Airport Operations - Draft Revenue Policy - Current site works stage 1A - Apron pavement - Gold Air update 3. Government advocacy 4. Business case Attendees/Apologies Cr James Williams Cr Mark Weragoda Trevor Budge Stan Liacos Phil Hansen/ Lisa Chesters Grant Welling Herbert Hermens Ken Belfrage Patrick Falconer Ray Walters Rob Jarvis Apology: Rachel Lee
Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil
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Good Governance and Decision-Making - Reports
Meeting Name/Type Meeting Date Matters discussed
Councillors
Staff/ Community Representatives
Ordinary Meeting - 04 December 2013
Meeting Information Councillors' Forum 6 November 2013 1. Planning matters and draft Ordinary Meeting agenda review 2. Discussion on heritage and mock heritage 3. Theatre naming 4. Sports Museum 5. Lake Tom Thumb 6. Hopley update 7. Playground at Aquatic Centre 8. Insurance of public hall at Redesdale 9. Rosalind Park bats 10. Junortoun playground 11. Clean-up of creek 12. Healthy Together Communities presentation 13. Review of allocated grants 14. Hume & Iser development 15. Response to Victorian Government on Flood Mitigation 16. Maiden Gully opportunity for railway station Attendees/Apologies Cr Barry Lyons Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Rod Fyffe (part) Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Apology: Cr Helen Leach Mr Craig Niemann Mr Stan Liacos Ms Marg Allan Ms Prue Mansfield Ms Pauline Gordon Mr Darren Fuzzard Mr Peter Davies Mrs Alison Campbell
Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil
RECOMMENDATION That Council endorse the record of assemblies of Councillors as outlined in this report.
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Good Governance and Decision-Making - Reports
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6.2 QUARTERLY FINANCE REPORT AS AT 30 SEPTEMBER 2013 Document Information Author
Travis Harling, Finance Manager
Responsible
Marg Allan, Director Organisation Support
Director
Summary/Purpose To provide Council with a statement comparing budgeted and actual revenue and expenses for the financial year to 30 September 2013. Policy Context Council Plan Reference: 5.2
The financial and physical resources of the organisation are managed efficiently and well.
Background Information In accordance with Section 138 of the Local Government Act 1989: (1)
At least every (three) 3 months, the Chief Executive Officer must ensure that a statement comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date is presented to the Council at a Council meeting which is open to the public.
Report An Income Statement providing a comparison between budgeted and actual revenue and expenses is attached for the first three (3) month period of the current financial year which ended on 30 September 2013. The information contained in this report was considered by the Council’s Finance Committee at its meeting on 31 October 2013. Actual Year to Date Performance (01/07/13 – 30/09/13) City of Greater Bendigo's (CoGB) operating result for the first quarter of the financial year is $5,301,000 favourable to budget as at 30 September 2013. Operating Result is a measure for accounting for an organisation's profit or loss for a given period. An Operating Result recognises all revenue and operating expenditure; it includes non-cash expenditure such as depreciation and non-cash revenue of donated assets. PAGE 65
Good Governance and Decision-Making - Reports
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YTD Budget 30/09/2013
YTD Actual 30/09/2013
Variance
$61,998,000
$67,299,000
$5,301,000 Favourable
CITY OF GREATER BENDIGO - FINANCIAL MANAGEMENT REPORT
Income Statement - City of Greater Bendigo Actual 30 June
Annual Budget
YTD Budget
YTD Actual
2013
2014
2014
2014
$'000
$'000
$'000
$'000
YTD Variance $'000
Note
%
REVENUE Rates and Charges Statutory Fees and Charges User Charges, Fees and Fines Contributions - Cash Contributions - Non Monetary Assets Reimbursements
79,910
86,492
85,858
85,695
(163)
0%
3,546
3,286
-
-
-
0%
21,417
24,071
6,319
6,128
(191)
-3%
5,478
4,295
1,009
666
(343)
-52%
19,279
11,500
-
-
-
0%
1
406
334
154
123
(31)
-25%
38,102
31,047
7,758
6,859
(899)
-13%
2
1,593
1,820
437
303
(134)
-44%
3
-
5,473
5,440
(33)
-1%
500
-
-
-
0%
169,687
163,345
107,008
105,214 (1,794)
-2%
Employee Benefits
47,855
51,110
13,436
12,765
671
5%
Contract Payments, Materials and Services
54,169
63,838
17,335
12,461
4,874
39%
4 5
Government Grants Interest on Investments Other Revenue (Inc. Internals)
-
Share of Other Comprehensive Income of
(44)
Associates Accounted for by the Equity Method Total Revenue EXPENSES
Plant and Equipment Operating Expenses
4,841
4,331
2,052
1,097
955
87%
27,285
29,839
7,350
7,167
183
3%
Borrowing Costs
1,154
1,432
371
350
21
6%
Net Loss on Disposal of Property, Plant,
4,465
3,000
694
5
Depreciation / Amortisation
689 13780%
Infrastructure and Assets Held for Sale Bad Debts
83
124
-
49
(49)
-100%
1,071
-
3,772
4,021
(249)
-6%
140,923
153,674
45,010
37,915
7,095
19%
28,764
9,671
61,998
67,299
5,301
8%
Net asset revaluation increments
40,971
10,000
-
-
-
0%
Comprehensive Result
69,735
19,671
61,998
67,299
5,301
8%
Other Expenses (incl Internals) Total Expenses Operating Result Other Comprehensive Income
PAGE 66
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Major Variances that contribute to the favourable result include: $ Fav / Unfav $4,874,000 Favourable
Area Details Contract Relates to the timing of payments for Payments, projects and programs at the start of Material and the financial year. Services A number of projects have had minor delays, and are tracking behind expenditure budgets, such as the contribution to the Bendigo Community Theatre ($2,750,000), Tree Maintenance ($349,404) and saving on insurance premiums of $269,515.
$955,000
Plant and Equipment Operating Expenses
Favourable
Relates to the timing of payments for projects and programs at the start of the financial year. A number of projects have had minor delays, and are tracking behind expenditure budgets, such as Improvements to minor construction projects ($183,900), Unsealed Roads ($44,460) and Workshop Operations ($56,415).
$899,000
Unfavourable Government Relates partly to the timing of Grants receiving grants that are in relation to capital works such as Bendigo Community Theatre $1,413,750, R2R Funding $380,274 and Mitchell Street $207,501. These grants are expected to be realised as the capital works are undertaken, however have been partly offset by additional grants commission funding and additional YTD funding in relation to the Streetlight project ($1,130,591).
$689,000
Favourable
Net loss of As a result of delays in the turnover disposal of of General Fleet (waiting on Assets finalisation of FBT legislation) and Heavy Plant and Equipment. These transactions are yet to occur. The programs are expected to be fully spent by year end.
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Conclusion As at 30 September 2013, actual year to date financial performance is favourable in comparison to the year to date budget by $5,301,000. The favourable variance is due to the timing of several projects / programs beginning. The Operating result will continue to be monitored and reported to the Executive Management Team, Finance Committee and Council.
RECOMMENDATION That the Greater Bendigo City Council: Receives and notes the Statement comparing Budget and Actual Revenue and Expense as at 30 September 2013, in accordance with the requirements of the Local Government Act 1989.
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Good Governance and Decision-Making - Reports
Ordinary Meeting - 04 December 2013
6.3 AMENDMENTS TO FINANCE POLICIES Document Information Author
Travis Harling, Manager Finance
Responsible Director
Marg Allan, Director Organisation Support
Summary/Purpose To adopt the amendments to the following two (2) Finance policies: 1. Borrowing Policy 2. Investment Policy Policy Context Council Plan 2013-2017 (2013) 5.1 Council demonstrates good governance and leadership. Background Information Council has a range of Finance policies in place to ensure sound governance and management. Council's policies have review dates to ensure they are regularly reviewed. Both the Borrowing and Investment Policies are scheduled for review, both policies require minor modifications. The necessary amendments to the two (2) policies have been updated and presented to the Finance Committee on 31 October 2013. The Finance Committee recommends Council approve the amendments to these two (2) policies. Report The Finance Committee recommends these changes to the policies: 1. Borrowing Policy Debt Commitment Ratio Limits – Addition of the following paragraphs. Should a situation arise and Council is required to borrow funds for exceptional circumstances (Natural Disaster, Emergency) Council’s Debt Commitment Ratio may exceed the maximum limit of 10%. Management will as soon as practically possible, adjust future borrowings to ensure the Debt Commitment Ratio returns within the agreed limits. PAGE 69
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2. Investment Policy 3.5 – Investment values, previously all new investments of $1,000,000 and above were required to be authorised by the CEO. The authorisation of investments of $1,000,000 and above can now be jointly signed by the Director Organisation Support and Manager, Finance. Attachments 1. Borrowing Policy 2. Investment Policy RECOMMENDATION That the Greater Bendigo City Council adopts the amendments to the two (2) policies as detailed in this report.
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Good Governance and Decision-Making - Reports
Ordinary Meeting - 04 December 2013
BORROWING POLICY Approval Date:
November 2013
Review Date:
November 2017
Author:
Travis Harling
Responsible Officer:
Marg Allan
Approved by the Finance Committee
31 October 2013
1.
Intent of Policy To provide the City of Greater Bendigo (CoGB) with a borrowing management strategy based on sound, long-term financial management guidelines.
2.
Contents 3. Scope 4. Policy Objectives 5. Borrowing 6. Policy 6.1 Risk Minimisation 6.2 Legislative Requirements 6.3 Inter-Generational Equity Funding 6.4 Long Term Sustainability of Council 6.5 Loan Approval Process 6.6 Borrowing Redemption 6.7 Review Appendix - Local Government Act 1989
3.
Scope This policy applies to all borrowings of the CoGB, including finance leases. It does not apply to determining any operating account overdraft facilities.
4.
Policy Objectives This Borrowing Policy will provide clear direction to management, staff and Council in relation to the treasury function and establishes a decision framework that directs CoGB to: ensure that the appropriate level of funds are available at the appropriate time to support its strategic objectives; consider the optimum time to borrow, taking into account interest rates, construction cost inflation rates, and economic stimulus issues; be financially responsible and prudent in borrowing matters ensuring that all risk are managed appropriately; consider current and estimated future revenues and the ability to increase the revenue stream through either rates, user charges, additional grant funds or entrepreneurial activities; minimise its costs of borrowings; ensure, where possible, that the structure of the borrowing is appropriate for the nature of the assets being funded; consider inter-generational ‘user pays’ principles as part of determining the most appropriate way to fund activities; and PAGE 71
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ensure Council’s funding activities are in accordance with its legislative and common law responsibilities. 5.
Borrowing The decision on the type of borrowing and interest rate arrangements shall take into account the purpose of the borrowing, the nature of the assets being funded, intergenerational equity and the cost of debt at the time the borrowing is made giving due regard to minimising exposure to interest rate movements. Under this Borrowing Policy borrowing for operational expenses is not permitted.
6.
Policy 6.1 Financial Management Councils must implement the principles of sound financial management. This includes managing financial risks, pursue spending and rating policies that are consistent with a reasonable degree of stability, decisions are made with future generations in mind and ensure the disclosure of financial information. Borrowing activities will be undertaken in a manner that minimises risk to Council (Local Government Act 1989, Section 136). In particular: Council approval is required for all new borrowings, including the terms of the borrowing. There shall be appropriate reporting and monitoring of borrowings operations. 6.2 Legislative Requirements Details of the relevant sections of legislation (Local Government Act 1989) impacting on the borrowing function are summarised below: Part 7 - Financial Management S.144 - Power to Borrow S.145 - Circumstances in which power to borrow may be exercised S.146 - Budget or revised budget must include proposed borrowings S.147 - Use of loan for different purpose S.148 - Borrowings to be secured S.149 - Provisions with respect to securities S.150 - Overdraft Appendix 1 contains the relevant sections of the Local Government Act 1989. Note: The Local Government (Democratic Reform) Act 2003 removed statutory limits for borrowings. 6.3
Inter-Generational Equity Funding The Council shall consider equity between generations of ratepayers (inter-generational equity) whereby the mechanisms to fund specific capital expenditure take into account the ratepayers who benefit for the expenditure and therefore, on a user pay basis, who should pay for the costs associated with such expenditure. However, this principle shall not be applied where it would be to the detriment of sound financial management. In general, debt levels should be minimised to allow future councils the opportunity to borrow in future years for capital works arising in those future periods without being impeded by large borrowings by an earlier council.
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Good Governance and Decision-Making - Reports
6.4
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Long Term Sustainability of Council The level of borrowing shall be within acceptable prudential limits to ensure long-term sustainability. Council needs to ensure that the amount of borrowing does not exceed these limits, so that debt servicing costs can be met on an ongoing basis without undue impact on future councils. Debt Commitment Ratio Limits Council will maintain a Debt Commitment Ratio of not more than 10%. The Debt Commitment Ratio is calculated as a percentage of rate revenue utilised to pay interest and redeem debt principal. Should a situation arise and Council is required to borrow funds for exceptional circumstances (Natural Disaster, Emergency) Council's Debt Commitment Ratio may exceed the maximum limit of 10%. Management will as soon as practically possible adjust future borrowings to ensure the Debt Commitment Ratio returns within the agreed limits. This policy has established a maximum limit of debt servicing (ie annual repayments of principal and interest). Further, this Policy states that a level of debt is appropriate to recognise future residents use of long life assets. Accordingly, a minimum level of debt, with principal and interest repayments equivalent to 4% of annual rates revenue is considered appropriate. From time to time, the borrowings may exceed the maximum limits, but this is only to be for a short period (to be corrected in the next year’s budget). The Council has a responsibility to the next Council to restore borrowings to below the target maximum prior to the conclusion of the current Council’s term. This may mean large developments must be planned well in advance to ensure adequate borrowing capacity, and/or cash reserves are available. These limits are graphed as follows. Reporting and Monitoring Details of these borrowing ratios will be provided as part of the annual budget documentation together with the trend of these ratios for the long term financial plan. It will be accepted that the total borrowings will be at the upper parameter level when: a major project has caused borrowings to be temporarily maximised; and/or interest rates are lower making debt financially attractive; and/or construction costs are increasing at a rate significantly greater than interest rates, whereby delaying a crucial project may be economically detrimental to Council; and/or the current level of local economic growth is considered to be relatively low, and capital works by Council is important as an economic stimulant. It will be expected that the total borrowings will be at the lower parameter level when the economic conditions are contrary to the above. This factor will be assessed by Council’s executive management team each year prior to the budget process.
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Loan Approval Process All new loans must be approved by Council as part of the Council’s budget approval process. In addition to maintaining the Long-Term Debt Commitment ratio targets, the following limits will be applied to each year’s loan program. Borrowings are to be approved by Local Government Victoria (LGV) of the Department of Planning and Community Development (Loan Council Limits).
6.6
Borrowing Redemption 6.1 When surplus funds exist, the decision to repay borrowings shall be made based on the facts available at the time giving due regard to minimising the overall cost to the Council. 6.2 In normal circumstances borrowing for capital works should have a maximum repayment period as follows: For assets with an estimated minimum useful life of 15 years or less, the debt should be repaid within the asset’s estimated minimum useful life to Council generally within 10 years. For assets with an estimated minimum useful life of greater than 15 years, the Council may enter into a loan to be repaid over 15 years.
6.7
Review This Policy is to be reviewed and adopted by Council at the time of developing its Council Plan (every 4 years). The Background Paper is to be updated as part of that process.
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INVESTMENT POLICY Approval Date:
November 2013
Review Date:
November 2017
Author:
Travis Harling
Responsible Officer:
Marg Allan
Approved by the Finance Committee
31 October 2013
1.
Purpose To provide guidance for managing, investing and redeeming investments funds for the City of Greater Bendigo (CoGB).
2.
Scope 2.1
Funds for Investment To invest CoGB funds not required for financial commitments in a manner that will provide the highest investment return with maximum security. This is simply to say that funds should, to the extent that the future can be forecast, be available for recurrent or capital expenditure where required and invested productively if not required. Protection of principal is essential in the investment program. Investments of the CoGB shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Investments shall be made with good judgement and care, not for speculation, and considering the probable safety of the capital as well as the probable income to be derived. Where, all else being equal, the CoGB gives consideration to those financial institutions which demonstrate a positive commitment within the region.
2.2
Authority to Invest Investments of CoGB funds are to be in accordance with CoGB's power of investment under the Local Government Act 1989 – Section 143 Investments. Investment decision making is the responsibility of the Finance Manager, Senior Financial Accountant and Director Organisation Support, who will act within the Local Government Act and other relevant regulations.
2.3
Authorised Investments CoGB funds must only be invested in investments authorised under Section 143 of the Local Government Act 1989. Investments currently authorised under the said section are:A Council may invest any money: (a) in Government securities of the Commonwealth;
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(b) (c) (d) (e) (f)
3.
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in securities guaranteed by the Government of Victoria; with an authorised deposit-taking institution; with any financial institution guaranteed by the Government of Victoria; on deposit with an eligible money market dealer within the meaning of the Corporations Act. If any other manner approved by the Minister after consultation with the Treasurer either generally or specifically, to be an authorised manner of investment for the purposes of this section.
Investment Portfolio 3.1
Risk Management Guidelines CoGB’s investment portfolio is to comply with three key criteria: (a) Portfolio Credit Framework: limit overall credit exposure of the portfolio. (b) Counterparty Credit Framework: limit exposure to individual institutions. (c) Term to Maturity Framework: limits based upon maturity of securities. (a)
Portfolio Credit Framework To control credit quality on the entire portfolio, the following credit framework limits the percentage of the portfolio, based upon average annual balance, exposed to any particular Standard & Poors (S&P) credit rating category: Long-Term Short-Term Direct Securities Credit Ratings Credit Ratings Maximum A Category or above A-1 and above 100% max Below Category A Below A-1 80% max Investments issued into following adoption of this policy are to be restricted to Authorised Deposit Taking Institutions (ADI’s – such as banks, building societies and credit unions) regulated by, and subject to the prudential standards of, the Australian Prudential Regulation Authority (APRA). Refer http://www.apra.gov.au/ADI/ADIList.cfm for a listing of approved ADIs. CoGB is not to invest with an Institution with a Standard & Poors credit rating of lower than B, or non-rated Institutions.
(b)
Individual Institution Credit Framework Exposure to an individual institution will be restricted by their S&P rating so that single entity exposure is limited, as detailed in the table below: Long-Term Credit Ratings
Short-Term Credit Ratings
Direct Securities Maximum (per institution) AAA Category A-1+ 40% AA Category A-1 35% A Category or below A-2 30% Percentage holdings in each security should be based on average investment holdings, excluding at call amounts. The short-term credit rating limit will apply in the case of discrepancies between short and long-term ratings.
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In the event that a credit rating of a security or of the company/body issuing the security falls below the required minimum, CoGB will make all necessary arrangements to withdraw deposits as soon as practical. (c)
Term to Maturity Framework The investment portfolio is to be invested within the following terms to maturity constraints: Overall Portfolio Term to Maturity Limits Portfolio % < 12 months 100% max; 60% min Portfolio % > 12 months < 36 40% max months
3.2
Liquidity The investment portfolio will remain sufficiently liquid to enable the CoGB to meet all operating requirements which might be reasonably anticipated. Investment maturities will be scheduled to coincide with projected cash flow needs.
3.3
Title All funds invested will be invested under the name of the “City of Greater Bendigo” and no rights, powers or access to those funds is to operate in favour of any other party. In the case of Restricted Funds, the funds may be invested under the name of “City of Greater Bendigo LSL Account” or “City of Greater Bendigo Waste Reserve Account”.
3.4
Quotations Not less than three (3) quotations shall be obtained from authorised institutions whenever an investment is proposed. The best quote on the day will be successful after allowing for administrative and banking costs, as well as having regard to the limits set above under “Portfolio Mix”.
3.5
Investment Values All investments are to be jointly authorised by the Director Organisation Support and the Manager, Finance. In their absence, CEO, or another Director, may authorise the investment. Rollover of current investments with the same institution for similar maturity can be performed by either the Senior Financial Accountant or Finance Manager, provided the rollover will ensure continued compliance with this policy.
4.
5.
Investing Procedures Refer to Appendix B for general investing procedures. Investment Classification All investments are to be classified as held to maturity financial instruments in accordance with AASB 139: Financial Instruments – Recognition and Measurement, and to be recorded at their fair value.
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Reporting Accounting for investments will comply with the Australian Accounting Standards and the Local Government Act 1989. Compliance with the Policy is to be reviewed on a monthly basis by the Finance Unit. A report on investments showing values of investments and returns will be part of the regular reporting to the Finance Committee. Any advertent breaches of the Investment Policy will be presented to the Finance Committee.
7.
Investment Guide The following details the Standard and Poors investment ratings: AAA – Highest credit quality – This rating indicates the lowest expectation of credit risk. They are assigned only in the case of exceptionally strong capacity for payment of financial commitments. This capacity is highly unlikely to be adversely affected by foreseeable events. AA – Very high credit quality – This rating indicates expectations of very low credit risk. They indicate very strong capacity for payment of financial commitments. This capacity is not significantly vulnerable to foreseeable events. A – High credit quality – This rating indicates expectations of low credit risk. The capacity for payment of financial commitments is considered strong. The capacity may, nevertheless, be more vulnerable to changes in circumstances or in economic conditions than is the case for higher ratings. BBB – Good credit quality – this rating indicates that there is currently an expectation of low credit risk. The capacity for payment of financial commitments is considered adequate, but adverse changes in circumstances and in economic conditions is more likely to impair this capacity. A1+ - Extremely strong degree of safety regarding timely payment. A1 – A strong degree of safety. A2 – A satisfactory capacity for a timely payment.
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APPENDIX A Amount to be Invested:
RATES Institution Current % of Portfolio Standard and Poors Rating Term: 30 60 90 120 150
Reason for investment selection:
Roll Over Approval: (To be approved by Finance Manager or Senior Financial Accountant)
Investment Approval" Approval By: (2 signatories with guidelines of the Investment Policy)
Director Organisational Support
Finance Manager
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APPENDIX B
INVESTING PROCEDURES As a general procedure the following must be undertaken when investing funds in accordance with this policy. (a)
Calculate surplus funds to be invested taking into account future cash flows. This as a minimum would require assessment of payroll periods, creditor runs and revenue streams such as rates, VGC grants and debtors.
(b)
Review other investment maturity dates, along with items noted in Step (a). Gauge the current maturity dates, and if possible plan to have new investment fall due before days when cash outflow will be high. E.g. payroll or creditor runs.
(c)
Once the investment amount has been calculated review the interest rates from various financial institutions attempting to maximize the return while ensuring compliance with part 3.
(d)
Complete Investment Summary sheet (Appendix A), ensure a reason for investment selection on Investment Summary Form is included and make recommendation.
(e)
If authorised to complete the roll over, finalise arrangements with the institution. investment is new forward to Finance Manager for decision and approval.
(f)
Once Investment Summary Form is completed and authorised, proceed with notifying the successful financial institution and begin steps to have cheque drawn if necessary or organise with Institution when notifying, to have EFT transaction take place.
(g)
Place Investment Summary Form with remittance in investment folder. Update Investment Schedule.
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6.4 POTENTIAL SALE OF THREE PROPERTIES Document Information Author
Naomi Fountain, Strategic Property Analyst
Responsible Director
Prue Mansfield, Director Planning and Development
Summary/Purpose The properties contained within this report are identified as potentially surplus. We recommend that Council proceed with the required consultation to formally determine if the sites are surplus; and if the sites are formally identified as surplus, proceed to disposal. Policy Context Council Plan 2013-2017 Theme 5: Good governance and decision making 5.2 The financial and physical resources of the organisation are managed effectively and well. 5.2.1. Implement the Surplus Property Disposal Plan. Community Engagement Policy (December 2011) 10 Year Financial Plan Building Asset Management Plan (Draft) Statutory and Discretionary Reserve Policy (November 2012) Related Legislation/Policies/Guidelines Asset management at State level: The Asset Management Principles Parts 1 to 3, (Victorian Department of Treasury and Finance, November 1995) Sustaining Our Assets â&#x20AC;&#x201C; Government Asset Management Policy Statement 2000 (Victorian Department of Treasury and Finance) Asset management at local government level: Sustaining Local Assets â&#x20AC;&#x201C; Local Government Asset Management Policy Statement 2003 (Victorian Department for Victorian Communities) Asset Management Policy, Strategy and Plan. Guidelines for Developing an Asset Management Policy, Strategy and Plan 2004 (Victorian Department for Victorian Communities) Local Government Financial Sustainability Nationally Consistent Frameworks, Framework 2 Asset Planning and Management 2009 (Local Government and Planning Ministers Council)
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National Asset Management Assessment Framework â&#x20AC;&#x201C; 2010 to 2012 (Local Government and Planning Ministersâ&#x20AC;&#x2122; Council (LGPMC), 2006. The LGPMC disbanded 30 June 2011, as a result of COAG reforms agreed upon 20 April 2010) Property transactions: Local Government Best Practice Guideline for the Sale, Exchange and Transfer of land 2000 (Department of Planning and Community Development) Government of Victoria Policy and Instructions for the purchase, compulsory acquisition and sale of land 2000 (Government Land Monitor, Department of Infrastructure) Local Government Act 1989 (Vic) (S189) Subdivision Act 1988 (Vic) (S20) (S24A) Planning and Environment Act 1987 (Vic) (S173) Environmental Protection Act 1970 (Vic) (S62A) Land Acquisition and Compensation Act 1986 (Vic) Background Information Broader Context Between the early 1970s and 1995 Victorian Government agencies produced over 250 policies, guidelines and pieces of legislation around different aspects of asset management1. During the early 2000s the Victorian Government produced more policy statements and guidelines on sustaining local assets and asset management, to guide and assist government departments and local government. Between 2006 and 2009 State and Territory ministers for local government developed three nationally consistent frameworks on financial sustainability measures. Their aim is to provide consistent reporting and assist councils to improve their asset management, financial management and planning. These are the three frameworks that were developed: Assessing local government financial sustainability; Asset planning and management; and Financial planning and reporting.2 All of these policies, guidelines and frameworks set the scene for professional asset management. The above frameworks are being implemented at the City of Greater Bendigo. The City has an electronic asset register (Conquest), conducts regular valuations for insurance purposes and financial reporting (as required by the Australian Accounting Standard AAS27 Financial Reporting by Local Government, 1990) and is developing a 10 Year Financial Plan and Asset Management Plans. 1
The Asset Management Series Part 3 Catalogue of References, Victorian Department of Treasury and Finance, November 1995 2 http://www.lgpmcouncil.gov.au/publications/sus_framework.aspx as viewed 18/11/12 PAGE 82
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Local Context The City of Greater Bendigo’s Building and Property Services Unit manages a portfolio of about 750 buildings and 100 structures. The land and buildings are valued in excess of $302M. However, the Council does not own all of these properties. Many of the Council’s buildings are on Crown Land. As part of the City’s strategic asset management, properties that do not meet the current or future needs of the City are being investigated as potentially surplus. Not all land identified as surplus needs to be sold. “The options for disposal include alternative use, rental, sale, or sale and lease-back…”3. Ongoing consultation and communication will inform which method of disposal is recommended, on a case by case basis, informed by community feedback. Report Putting it into Effect The process flow chart below shows the process and decision points along the way.
3
The Asset Management Principles Part 1 1995, Victorian Department of Treasury and Finance PAGE 83
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Potentially Surplus Land The below properties have been identified as potentially suitable for disposal in the short term because they do not meet the Cityâ&#x20AC;&#x2122;s current or future needs. They are not subject to the Council Plan, any Strategies, Township Structure Plans, Place Based Plan or Reports. PAGE 84
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The three properties that have been identified are listed below: 84 Adelaide Hills Road, Huntly 1-3 Chauncey Street, Heathcote 13 Maple Street, Golden Square
Background research has included (but was not limited to): Proof of ownership How we came to have ownership of the property Why we have retained it Whether or not it is identified for future use Historical uses of the land (especially, are there potential contamination issues) Zoning Planning overlays (including environmental and land subject to inundation) Native vegetation Blights, easements or other encumbrances on the land Storm water and overland flows (i.e. drainage issues) Surrounding ownership and development City of Greater Bendigo infrastructure Heritage aspects and Whether or not there are uses for the property. 84 Adelaide Hills Road, Huntly This property is a 14.29Ha Farm Zone property with a C1985 brick veneer dwelling. It was purchased in 2000 with a view to being a potential abattoir site, due to its proximity to the Live Stock Exchange. This has not eventuated due to changes in that industry as the land area is no longer considered large enough for a contemporary abattoir and associated activity. The property is currently being occupied by a private lessee.
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Arguments for surplus:
Arguments against surplus:
Surplus to the Cityâ&#x20AC;&#x2122;s requirements Is not used for community benefit, as it is leased to private occupants. Expense to Rate payers (annual maintenance and it will be subject to the Fire Service Property Levy from 1 July 2013)
Key stakeholders identified for engagement: Internal stakeholders The community, Public Notice How to comment: Telephone, written or internet submission to Council. Suggested outcome / recommendation: Final decision to sell after considering responses to Public notice.
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1-3 Chauncey Street, Heathcote This property, 2,174.8m² of Urban Flood Zoned land, was taken possession of in 2009 for unpaid rates by the City of Greater Bendigo. The most likely buyer is the adjoining owner, who purchased the property next door in March 2012 and has been active in improving their property and gardens.
Arguments for surplus:
Arguments against surplus:
Surplus to the Cityâ&#x20AC;&#x2122;s requirements Expense to Rate payers (annual maintenance and it is subject to the Fire Services Property Levy since 1 July 2013) Key stakeholders identified for engagement: Internal stakeholders The community, Public Notice How to comment: Telephone, written or internet submission to Council. Suggested outcome / recommendation: Final decision after considering responses to Public notice.
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13 Maple Street, Golden Square This property is 626m² of Public Use Zone 7 land with a C1955 cream brick veneer house that has undergone a modest level of conversion to be used for child care and offices. The property was retained by the City when it subdivided and sold the Dance Studio at 15 Maple Street in 2001.The property was occupied by the City’s Maternal and Child Health services until 2006 when they vacated and Noah’s Ark became the occupants. Noah’s Ark have out grown the facility and are now relocating to more suitable premises. The property abuts the Bendigo Creek Trail and there is a blind spot at the rear/southern corner of the property. A subdivision of approximately 24.5m² from the property would increase the safety of the pedestrian/bicycle path uses, the area is shown below.
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Arguments for surplus:
Arguments against surplus:
Surplus to the Cityâ&#x20AC;&#x2122;s requirements Expense to Rate payers (annual maintenance and it will be subject to the Fire Service Property Levy from 1 July 2013) Key stakeholders identified for engagement: Internal stakeholders The community, Public Notice How to comment: Telephone, written or internet submission to Council. Suggested outcome / recommendation: Rezoning to be completed. Subdivision to be completed. Final decision to sell after considering responses to Public notice.
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Consultation/Communication Consultation has been conducted with internal stakeholders from all Directorates in the organisation. The aim has been to ensure that no land is disposed of without considering the strategic context, adopted organisational priorities or identified needs. Community engagement will be undertaken on a case by case basis and is detailed in each of the property reports above. The extent of engagement and time taken will depend on legislative requirements. Property services professionals such as real estate agents, valuers and environmental auditors will be consulted where required. Conclusion A considerable amount of background research has been done to identify these properties as potentially surplus to Council requirements and have potential to be disposed of. At the conclusion of the consultation period a further report will be made to Council to formally decide the future of these properties (sale, lease or retain), on a case by case basis. RECOMMENDATION 1.
That Greater Bendigo City Council resolves to sell: a. 84 Adelaide Hills Road, Huntly b. 1-3 Chauncey Street, Heathcote c. 13 Maple Street, Golden Square (part) when the land has been rezoned and subdivision of the land has occurred subject to Section 223 of the Local Government Act 1989;
2.
That Council authorise public notice of its intention to sell the above land in accordance with Section 189 of the Act;
3.
That Council nominate three Councillors to hear any submissions in relation to the sale of the above land;
4.
That if no submissions are received, the above land be sold and that the Council authorise the Chief Executive Officer to sign and seal all relevant sale documents.
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7.
URGENT BUSINESS
Nil. 8.
NOTICES OF MOTION
9.
COUNCILLORS' REPORTS
10. MAYOR'S REPORT 11. CHIEF EXECUTIVE OFFICER'S REPORT Nil. 12. CONFIDENTIAL (SECTION 89) REPORTS
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