Council Meeting Agenda 5 December 2012

AGENDA Ordinary

Meeting

Council 6.00pm Wednesday 5 December, 2012

VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo

NEXT MEETING: Wednesday 19 December, 2012 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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Vision Values Goal Areas

GREATER BENDIGO will be the best place to live work and visit, where: • growth and living standards are managed to sustain and enhance quality of life • a regional culture of learning, creativity and innovation allows people to flourish • its rich natural and cultural heritage is conserved for today and tomorrow • resilience, local spirit and identity are proudly celebrated.

Council will achieve its vision by working with the community and business, displaying leadership in its decision-making, operating in an open manner and basing decisions on sound information.

Council will realise its vision by setting strategic objectives, strategies and committing to annual actions within four Goal Areas: • Built and Natural Environment • Economic Development • Community and Culture • Our People, Our Processes

ORDINARY MEETING WEDNESDAY 5 DECEMBER 2012

ORDER OF BUSINESS: ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

3

PRAYER

3

PRESENT

3

APOLOGIES

3

SUSPENSION OF STANDING ORDERS

3

PUBLIC QUESTION TIME

3

RESUMPTION OF STANDING ORDERS

4

DECLARATIONS OF CONFLICT OF INTEREST

5

CONFIRMATION OF MINUTES

6

1.

PETITIONS AND JOINT LETTERS

8

1.1

Petition: Request for Widening of Raywood-Elmore Road, Kamarooka

8

2.

BUILT AND NATURAL ENVIRONMENT

9

2.1

Planning Scheme Amendment C183 - Rezoning of Land from Business 4 Zone to Special Use Zone - Schedule 10 at 63-65 Wattle Street, Bendigo - Consideration of Authorisation Request

9

2.2

Subdivision of Land into 6 Lots - 342 & 344 Napier Street, Bendigo

17

2.3

Subdivision of Land into 8 Lots - 270 Woodward Road, Golden Square

27

2.4

Subdivision of Land into 2 Lots - 89 Allingham Street, Golden Square

38

2.5

2 Lot Subdivision - 30 Bakewell Street, North Bendigo

47

2.6

2 Lot Subdivision Of Land - 45 Taylors Lane, Strathfieldsaye

57

2.7

Awarding of Contract No: CT000008 for the Resealing of Various Roads

66

2.8

Response to Petition: Request for Installation of "No Standing" Signage in Greenwood Drive, Kennington

69

3.

ECONOMIC DEVELOPMENT

74

3.1

Provision of Catering Services and Function Management at The Capital - Bendigo's Performing Arts Centre and the Bendigo Town Hall

74

4.

COMMUNITY AND CULTURE

78

4.1

Proposed Kangaroo Flat Aquatic Leisure Centre Community Reference Group

78

4.2

2013 Theatre Performance Subsidy Program

82

4.3

2013 Dudley House Community Hire Subsidy

86

4.4

Community Engagement Framework

90

5.

OUR PEOPLE, OUR PROCESSES

98

5.1

Accounts Payable and Contracts Awarded Under Delegation

98

5.2

Record of Assemblies

100

5.3

Councillor Support and Reimbursement of Expenses Policy

105

5.4

Council and Community Committees for 2012/2013

112

5.5

Proposed Council Meeting Dates for 2013

116

6.

URGENT BUSINESS

118

7.

NOTICES OF MOTION

118

8.

COUNCILLORS' REPORTS

118

9.

MAYOR'S REPORT

118

10.

CHIEF EXECUTIVE OFFICER'S REPORT

118

11.

CONFIDENTIAL (SECTION 89) REPORTS

118

11.1

Contractual Matter

118

____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 05 December 2012

ACKNOWLEDGEMENT OF COUNTRY PRAYER 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 - 05 December 2012

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.

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Ordinary Meeting - 05 December 2012

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) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) 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 - 05 December 2012

CONFIRMATION OF MINUTES Minutes of the Special Meeting of Council held on Monday 5 November, 2012 and the Ordinary Meeting of Council held on Wednesday 14 November, 2012.

The following items were considered at the Special Meeting of Council held on Monday 5 November, 2012 at 7.30pm: • • • • •

Installation of Councillors for 2012/2016 Election of Mayor for 2012/2013 Congratulations to Newly Elected Mayor Response by Mayor for 2012/2013 Consideration of Mayoral and Councillor Allowances.

The following items were considered at the Ordinary Council meeting held on Wednesday 14 November, 2012 at 6.00pm: • Joint Letter - Road Grading, Kamarooka • Building and Works Associated with Expansion and External Alterations to Existing Shopping Centre; Reduction in Car Parking Requirements and Removal of Native Vegetation - 267-283 High Street, Kangaroo Flat • Staged Subdivision of Land into 16 Lots - 21 Highett Street, Epsom • 2-Lot Subdivision of Land, Construction of 2 Dwellings and Demolition of Existing Dwelling - 49 Little Breen Street, Quarry Hill • Use and Development of a Dwelling and Associated Outbuilding and Removal of Native Vegetation - 1541 Axedale-Goornong Road, Barnadown • 2-Lot Subdivision - 9 Devon Close, Strathdale • Subdivision of Land into Two Lots - 57 Ryalls Lane, Strathfieldsaye • Notice of Intention to Amendment Local Law No. 11, Protection of Public Assets and Control of Building Sites • Community Grants Program Round 1 • 'Achieving Respect and Gender Equality in Greater Bendigo' Position Statement • Council Plan 2009-2-013 (Revised 2012) - Quarterly Report on Progress (September 2012) • Hargreaves Mall Playspace • Long Gully and Golden Square Swimming Pools • Accounts Payable and Contracts Awarded Delegation • Record of Assemblies • Major Capital Works Budget Submission Policy • Comparative Statement of Budgeted and Actual Revenue and Expenditure as at 30 September 2012 The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting.

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Ordinary Meeting - 05 December 2012

RECOMMENDATION That the Minutes of the Special Meeting of Council held on Monday 5 November, 2012 and the Ordinary Meeting of Council held on Wednesday 14 November, 2012, as circulated, be taken as read and confirmed.

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1.

PETITIONS AND JOINT LETTERS

1.1 PETITION: REQUEST FOR WIDENING OF RAYWOOD-ELMORE ROAD, KAMAROOKA

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 concerned residents in the Raywood-Elmore Road area, Kamarooka, as outlined below:

"After 2-3 decades of request to VicRoads to widen the 15kms (middle section) through Kamarooka of the Raywood-Elmore Road the recent tragic loss of a 20 year old mum on 1/10/2012 in a head on accident has highlighted the need for action".

Signatures

-

1,516

RECOMMENDATION That the petition be received and that Council write to VicRoads strongly advocating for the upgrade of the Raywood-Elmore Road at Kamarooka as a matter of urgency.

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2.

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BUILT AND NATURAL ENVIRONMENT

2.1 PLANNING SCHEME AMENDMENT C183 - REZONING OF LAND FROM BUSINESS 4 ZONE TO SPECIAL USE ZONE - SCHEDULE 10 AT 6365 WATTLE STREET, BENDIGO - CONSIDERATION OF AUTHORISATION REQUEST Document Information Author

Emilie Johnston, Town Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose This report recommends Council request the Minister for Planning to Authorise Council to prepare and exhibit an amendment to the Greater Bendigo Planning Scheme, to rezone the land at 63-65 Wattle Street, Bendigo from Business 4 Zone to Special Use Zone to allow for educational functions (Girton Grammar School) on the land.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Background Information The key steps in the amendment process are summarised below:

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Report The Planning and Environment Act 1987 allows for a Planning Scheme Amendment to be initiated by a municipal Council, or a Council can respond to a request for an amendment by any person or body.

When requesting authorisation from the Minister for Planning, Council must submit an Explanatory Report which discusses the purpose, effects and strategic justification for the amendment. Key issues identified in the Explanatory Report are summarised below.

Land Affected by the Amendment 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 This amendment will rezone land at 63 and 65 Wattle Street, Bendigo, from Business 4 Zone to Special Use Zone 10 in order for Girton Grammar School to operate educational facilities onsite, in conjunction with their master plan.

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Why the Amendment is Required 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. The master plan (April 2004) is depicted below:

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This amendment will facilitate and support the continued expansion and development of Girton Grammar School and is consistent with the school’s master plan.

Girton Grammar’s original school campus (known as the Mackenzie Street campus) is located on the north side of High Street. No. 63 and 65 Wattle Street are currently zoned Business 4 Zone, which prohibits education centre functions for primary and secondary schools. The Special Use Zone is the appropriate zone for the land owned and occupied by a private school such as Girton Grammar and is consistent with the proposed Schedule to the Overlay which applies specifically to other land owned and operated as a school by Girton Grammar. This includes land adjacent to the subject site.

Social, Economic and Environmental Effects Environment Following a contamination assessment, it is considered that the environmental condition of the land is acceptable for the proposed sensitive use, subject to the preparation and implementation of a Soil Management Plan as part of the planning permit process.

Schedule 10 of the Special Use Zone, which is the proposed control for this site, requires the submission of a Soil Management Plan prior to the use of the land for an education centre.

Social and Economic The surrounding area is zoned for commercial development (Business 4 Zone) and the introduction of educational uses will not affect the amenity of the area and will be consistent with the school uses on other adjacent sites. One of the objectives of the SUZ10 is to ensure that development respects adjoining residential uses.

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This amendment will accommodate the expansion of Girton Grammar School and will also facilitate the provision and expansion of high quality educational facilities for the school community.

Strategic Justification STATE PLANNING POLICY FRAMEWORK Clause 11.05-1 Regional settlement networks identifies Bendigo as one of four major regional cities in Victoria where it is expected private educational facilities will establish.

The land is situated adjacent to an activity centre and provides for the integration of educational facilities at its periphery.

Clause 13.03-1 Use of contaminated and potentially contaminated land seeks to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The proponent will have to submit a Soil Management Plan as part of the buildings and works application, to Council’s satisfaction.

The amendment also responds well to clause 19.02-2 (Education Facilities) as the primary and secondary school uses are located adjacent to an activity centre (Bendigo CBD) that provides good public transport and walking access to inner residential areas and other community and recreational facilities.

MUNICIPAL STRATEGIC STATEMENT One of the objectives of Clause 21.09 Infrastructure is to encourage educational uses in and around the Bendigo CBD. The strategy encourages the development of additional educational facilities in and around the Bendigo CBD. And the implementation by which to achieve this is listed as applying the Special Use Zone to private education. It is very clear that the MSS is supportive of this kind of amendment given the land is located well within the proximity of the City’s CBD. Consultation Comments were sought from various internal departments within the City of Greater Bendigo. No issues were raised.

The Amendment documents will be publicly exhibited for a minimum of a month, as required under the Planning and Environment Act 1987. The City must give notice of Amendments to all owners and occupiers who may be materially affected by an Amendment, together with prescribed Ministers and public authorities. The CFA will be notified of the Amendment. The Amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper.

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Conclusion The amendment is to rezone land at 63 and 65 Wattle Street in Bendigo from Business 4 Zone to Special Use Zone to allow for Girton Grammar School to expand its educational facilities. The amendment is considered to be consistent with the Planning Scheme, in particular the MSS guidelines around education.

It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the Amendment.

Options Council has the option of: • supporting the amendment proposal and making a request to the Minister for Planning to authorise preparation and exhibition of the amendment.

• refusing the request to prepare an amendment. Under the Planning and Environment Act 1987 there is no right of review of a council's decision not to support preparation of an amendment.

• requesting Panels Victoria to pre-set hearing dates. (This expedites the amendment timeframe process if submissions are received).

Resource Implications Officer time will be required to prepare the Amendment documentation for authorisation, exhibition, manage the exhibition process and liaise with the Minister for Planning. This amendment will not cause a significant increase in permit activity.

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

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RECOMMENDATION That the Greater Bendigo City Council resolve to: 1.

Request the Minister for Planning to authorise Council to prepare Amendment C183 to the Greater Bendigo Planning Scheme.

2.

When authorised by the Minister, send request to Panel's Victoria to pre-set hearing dates for the Amendment.

3.

When Authorised by the Minister, exhibit Amendment C183 to the Greater Bendigo Planning Scheme giving notification as required for the minimum statutory exhibition period of one month.

4.

Request that the Minister for Planning authorise Greater Bendigo City Council to approve Amendment C183 once it has been Certified by the Secretary of the Department of Planning and Community Development.

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2.2 SUBDIVISION OF LAND INTO 6 LOTS - 342 & 344 NAPIER STREET, BENDIGO Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a planning permit application to subdivide two existing allotments into six new vacant lots suitable for housing. Each existing allotment contains a period house, both of which are proposed to be demolished as part of the subdivision. The houses aren't currently covered by a Heritage Overlay.

One of the existing houses, known as No.342 Napier Street, has particular heritage significance and as a result is worthy of conservation. This house could be retained by consolidating Lots 1 and 6 on the proposed plan of subdivision.

This report assesses the merits of the proposed subdivision with particular regard to the site's heritage values. The report concludes that the demolition of No.342 Napier Street, which will be a necessary consequence of the proposed subdivision, is unacceptable for heritage reasons. On this basis it is recommended that a permit should not be granted.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/557/2012 31 July 2012 Geoff Shaw & Associates Pty Ltd 342 & 344 Napier Street, BENDIGO Residential 1 Zone Abuttal to a Road Zone Category 1 - Napier Street.

Nil

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Subject Site and Surrounds The site is located in Bendigo, on the east side of Napier Street opposite the Weeroona Oval. The site consists of two land parcels know as Crown Allotments 154 & 155 Section E at Bendigo Parish of Sandhurst. The respective property addresses are No.342 and No.344 Napier Street. The parcels have a combined area of 2,000m2 and a frontage to Napier Street of 40m.

Built upon each parcel is a single storey weatherboard cottage. The house at No.342 dates from c1900 and has a hipped roof of corrugated iron. The house at No.344 is of later construction dating from c1930 and it features a pyramidal hipped roof and a recessed porch. The houses are set back from Napier Street by a distance of 10m and 7m respectively. The backyards associated with each house are quite spacious and contain small outbuildings and modest garden plantings.

The site forms part of a residential neighbourhood. There are three townhouses adjoining the site to the north, while to the south is a single detached dwelling. To the east (rear) of the site are two residences that front Bobs Street which runs parallel with Napier Street.

Figure 1: A location map showing the subject site.

Proposal It is proposed to subdivide the site into 6 residential lots. The subdivision layout will feature lots of around 300m2 arranged around a central common property driveway off Napier Street. The subdivision will necessitate the demolition of the two period houses on the site.

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Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone and abuts a Road Zone Category 1 (Napier Street).

The proposed subdivision of the site triggers the need for a permit pursuant to the zone provisions and clause 52.29 in the Planning Scheme. It is of note that a permit is not required for any proposed demolition works.

The following clauses in the 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).

Heritage (clause 15.03).

Residential development (clause 16.01).

Movement networks (clause 18.02).

Development infrastructure (clause 19.03).

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).

Reference documents (clause 21.10).

Local Planning Policies

Salinity and erosion risk policy (clause 22.04).

Heritage policy (clause 22.06).

Other Provisions

Residential 1 Zone (clause 32.01).

Land adjacent to a road zone, category 1, or a public acquisition overlay for a category 1 road (clause 52.29).

Residential subdivision (clause 56).

Decision guidelines (clause 65).

Referral and notice provisions (clause 66).

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Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

VicRoads

No objection subject to conditions

Asset Planning & Design (internal)

No objection subject to conditions

Heritage Advisor (internal)

Objects to demolition of No.342 Napier Street

Public Notification The application was advertised to the public by mail and an on-site notice. There were no objections.

Planning Assessment The heritage significance of the site The site forms part of a block of residential allotments bounded by Napier Street, Gleeson Street, Bobs Street and Buller Street. The original Parish Plan (see below) shows the division of the block generally into allotments with frontages of 100 links (20m).

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Figure 2: Parish plan extract

The allotments fronting Napier Street, which includes the subject site, have been developed over a variety of periods, mainly for the purpose of single detached housing.

With the exception of Nos. 346 and 356 Napier Street the allotments have not been subdivided. The generally regular pattern of subdivision and the presence of heritage housing stock gives the streetscape of Napier Street an interesting character worthy of conservation.

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Figure 3: The dwelling recommended for retention at No.342 Napier Street

Figure 4: The dwelling recommended for demolition at No.344 Napier Street

In relation to conservation controls applicable to Napier Street it is noted that the area is not covered by a Heritage Overlay. However the City of Greater Bendigo Thematic Environmental History identified White Hills as the highest priority for heritage assessment. This heritage work will commence in early 2013.

While there is no Heritage Overlay applicable to the site, the Planning Scheme does in fact require heritage matters to be taken into account when considering the merits of the proposed subdivision. The heritage policy at clause 22.06 of the Scheme applies to all land in the municipality, not just land covered by a Heritage Overlay. Relevantly, clause 22.06 states that it is policy that: "A proposal for the use and development of land should demonstrate how it maintains and supports the cultural and natural heritage of Greater Bendigo". Furthermore, it is policy that: "The heritage value of any place be considered".

The two houses on the subject site have been assessed for their conservation value by the City's Heritage Advisor. In essence the Heritage Advisor believes that the house at No.342 should be retained due to its contributory significance to the area. Specifically the Heritage Advisor states: "The area has a mix of single storey houses of different periods and styles from Victorian, Edwardian and Interwar periods, with more recent buildings as well. They are generally set on large allotments, with generous setbacks.

The house at 342 is substantially intact, although the verandah has been modified in the 1930s with a dwarf brick wall, and short cement columns. The verandah floor is concrete. The front door is also later.

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An internal inspection was carried out on 10 October 2012. The interior retains its original floors and has had only minor modifications to the layout. It is in good condition for its age with the slight fall to the side walls indicating the house probably needs restumping. This is expected of a house of this age.

The house at 342 is of contributory significance to the area.

The house at 344 has leaded glass windows on the street façade, which are the main features of interest. The condition of this house is fair/poor. It is set low to the ground and doesn’t appear to have had any significant maintenance work done for many years.

The design of the house at 344 is unusual but the house itself is borderline, in terms of contributory significance. It does not have any apparent individual significance.

The White Hills East Bendigo study is about to commence, and will cover this area.

The house at 342 contributes to the interesting mix of Victorian, Edwardian and Interwar houses of the area, which contribute to the character and heritage of the White Hills area. The house appears to be in good condition, could be adapted and extended if necessary, and should be retained.

The house at 344 would require significant expenditure to bring it to good condition."

The permit applicant rejects this heritage assessment but has not supplied an alternate expert heritage opinion to support the case for demolition. In the absence of any contrary evidence it is reasonable to adopt the Heritage Advisor's recommendation and conclude that No.342 Napier Street has contributory heritage value and must be retained and incorporated into the proposed subdivision. It's noted that the plan of subdivision could easily be modified to conserve No.342 with the resulting loss of only one proposed lot, ie.

Lots 1 and 6 would be consolidated into a single lot.

Compliance with clause 56 Putting aside the heritage matters discussed above, the proposed subdivision complies with the residential subdivision provisions in clause 56 of the Planning Scheme. In particular:

The site is close to shops, services and recreational facilities. There is convenient access to the Bendigo CBD from the site via a bus route along Napier Street. The site is zoned for residential purposes and is situated within Bendigo's urban growth boundary.

The lots in the subdivision will be fully serviced by reticulated sewerage and water.

Electricity, telecommunications and gas will also be supplied to each lot.

The design of the proposed common property driveway is suitable to accommodate safe and efficient vehicle movements. VicRoads consents to the new access point onto Napier Street.

The size and layout of the proposed lots are in keeping with other housing developments in area, most notably the townhouses that directly abut the site to the north.

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Conclusion For the reasons discussed above it is concluded that the permit application does not meet the requirements of the Planning Scheme and on this basis a permit should not be granted.

Options Council, acting as the responsible authority for administering the planning scheme may resolve to: grant a permit, grant a permit subject to conditions, or refuse to grant a permit.

Attachments •

Advice from the City's Heritage Advisor.

RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to refuse to grant a permit to subdivide the land at 342 and 344 Napier Street Bendigo into 6 lots based on the following grounds: 1.

The proposed subdivision will result in the demolition of a Victorian era dwelling at No.342 Napier Street which has significant heritage value.

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2.3 SUBDIVISION OF LAND INTO 8 LOTS - 270 WOODWARD ROAD, GOLDEN SQUARE Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a planning permit application that seeks approval to subdivide the land at 270 Woodward Road, Golden Square into 8 residential lots. The site is located in a Residential 1 Zone.

Abutting the site to the south is a residence where racing greyhounds are kept. The owners of this property object to the proposed subdivision on the grounds that it will prejudice their greyhound keeping activities.

This report accesses the merits of the proposed subdivision and discusses the issues raised by the neighbouring objectors. The report concludes that the proposal complies with the Planning Scheme.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/447/2012 27 June 2012 JDOC Pty Ltd 270 Woodward Road, GOLDEN SQUARE Residential 1 Zone Environmental Significance Overlay 1 - Watercourse Protection

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Subject Site and Surrounds The site is located on the east side of Woodward Road in Golden Square, 250m north of Hattam Street. The site consists of a single Crown Allotment that is 5,318m2 in area.

There is a single storey timber dwelling on the site that dates from circa 1900. This dwelling is situated towards the north west corner of the site. The balance of the site is vacant. There are a few scattered trees on the site.

Residential properties of similar size to the subject site abut the north and the south boundaries of the site. Racing greyhounds are kept on the neighbouring property to the south. The land to the rear of the site is Crown Land.

Figure 1: Location map showing subject site. Objector's property marked with a star.

Proposal It is proposed to subdivide the site into 8 residential lots. The subdivision layout will feature: The retention of the existing period house on Lot 1.

The creation of seven new vacant lots ranging from 315m2 to 468m2 yielding a net residential density of 1:665m2 (including Lot 1).

A 6m wide common property driveway with a T-head design to provide vehicle access to Lots 2 to 6 (Lots 1 and 5 will gain direct access off Woodward Road).

The lots created by the subdivision will be fully serviced by water, sewerage, electricity, telecommunications and gas supply systems. All vegetation on the site will be cleared as a result of the subdivision.

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Planning Controls - Greater Bendigo Planning Scheme The site is located in the Residential 1 Zone and is partly covered by Schedule 1 to the Environmental Significance Overlay. A permit is required to subdivide the site pursuant to the zone and overlay provisions. The following clauses in the planning scheme are relevant in the consideration of the application State Planning Policy Framework

Regional development (clause 11.05).

Urban environment (clause 15.01).

Sustainable development (clause 15.02).

Residential development (clause 16.01).

Movement networks (clause 18.02).

Development infrastructure (clause 19.03).

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).

Reference documents (clause 21.10).

Local Planning Policies

Salinity and erosion risk policy (clause 22.04).

Industrial policy (clause 22.05).

Heritage policy (clause 22.06).

Golden Square residential character policy (clause 22.15).

Other Provisions

Residential 1 Zone (clause 32.01).

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

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

Telstra

No objection subject to conditions

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Referral

Comment

Tenix

No objection subject to conditions

CFA (notice only)

No reply

North Central CMA

No objection

DSE

No objection subject to conditions

Asset Planning & Design (internal)

No objection subject to conditions

Public Notification The application was advertised to the public by mail and an on-site notice. The owners of an adjoining property have objected to a permit being granted due to concerns about the effect the subdivision may have on the racing greyhounds that are kept on their property.

The objection is discussed later in this report.

A consultation meeting was held which was attended by the permit applicant and the objectors. The meeting didn't resolve the objectors' concerns.

Planning Assessment The neighbouring greyhound kennels The neighbours on the south side of the subject site keep greyhounds on their property and they have done so for the past 40 years. The greyhound kennels are located along the common boundary with the subject site.

Both the subject site and the neighbouring property are zoned Residential 1. Greyhound keeping is permitted in the Residential 1 Zone provided no more than five dogs are kept on the premises. The owners in this case claim to have a permit which allows up to 20 dogs and 20 pups to be kept on their property. There is no record of this permit on the City's files and the owners haven't been able to supply a copy. Nonetheless it appears certain that the property enjoys existing use rights under the Planning Scheme for the keeping of greyhounds. In planning terms the use is characterised as a 'non-conforming use' having regard to the Residential 1 zoning of the land.

These neighbours object to the proposed subdivision because they believe it will prejudice their ability to keep greyhounds. They argue that people living in the subdivision will complain about the level of noise generated by the kennels. Furthermore they are concerned that an increase in residential activity will upset their dogs, particularly during the construction of dwellings on the lots.

The main option available to Council to address the objection is to require an acoustic treatment along the common boundary between the site and the neighbouring property, broadly in the form of an acoustic fence. Precise details of the treatment would need to be developed with input from an acoustic expert and responsibility for the long-term maintenance of the treatment would need to be agreed upon.

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Is an acoustic treatment justified in this case? There are several matters that are relevant to this question. First, the neighbouring property forms part of an established residential neighbourhood. While the area does have a semi-rural feel it is nonetheless part of urban Bendigo and is within Bendigo's urban growth boundary. The area has been zoned for residential purposes since at least June 2000. In this context residents should be entitled to enjoy amenity standards comparable to other residential neighbourhoods in Bendigo.

Residents shouldn't be expected to tolerate excessive noise from the existing greyhound kennels. An obligation falls upon the greyhound owners to properly manage their dogs and the conditions in which they are kept. This may indeed necessitate the greyhound owners taking measures on their own property to protect the acoustic privacy of any adjoining neighbours.

Second, it's probable that greyhound keeping on the neighbouring property will cease in the medium-term. Infrastructure on the property is fairly modest and thus there isn't a strong economic incentive to continue keeping greyhounds on the property beyond the intentions of the current owners. Most greyhound trainers are likely to prefer premises outside urban Bendigo. Given the likely impermanence of the existing greyhound keeping activities it would be unreasonable to burden the subdivision with acoustic treatment requirements that may end up being superfluous in the near future.

Third, even if an acoustic treatment isn't provided as part of the subdivision there is nothing to prevent individual lot purchasers from constructing their own acoustic fencing if they feel it is necessary.

These matters lead to the conclusion that acoustic measures are not a reasonable requirement to impose upon the proposed subdivision.

Of course the usual legal principle of 'buyer beware' will apply when the lots in the subdivision are sold and purchasers will need to decide for themselves whether they wish to live near greyhound kennels. However it is important that the existence of the kennels is disclosed by the vendor to lot purchasers since the kennels aren't obvious from a casual observation of the area. Thus it is considered appropriate to impose a permit condition whereby the owner of the subject site will be required to enter into an agreement concerning the disclosure of the kennels to lot purchasers.

Compliance with clause 56 The residential subdivision provisions in clause 56 of the Planning Scheme apply to the application. The proposed subdivision complies with all the Standards in the clause and in particular:

The site is close to the Golden Square shopping centre. There are shops, parks and community facilities near the site. The site is appropriately zoned for residential purposes and it forms part of an established residential neighbourhood within Bendigo's urban growth boundary.

The lots in the subdivision will be fully serviced by reticulated water and sewerage.

Electricity, telecommunications and gas will also be supplied to each lot.

The proposed internal driveway will be designed to allow emergency vehicles to turn around at the end of the driveway.

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The proposed lots will vary in size between 315m2 and 468m2 (excluding Lot 1).

These lot sizes are capable of containing a rectangle measuring 10m by 15m. All the lots will enjoy good opportunities for northern sunlight. The lot layout and density will be in keeping with the existing neighbourhood character, particularly given the proposed retention of the existing dwelling on Lot 1.

Conclusion For the reasons discussed above it is concluded that the permit application meets the requirements of the Planning Scheme and on this basis a permit should be granted.

Options Council, acting as the responsible authority for administering the planning scheme, may resolve to: grant a permit, grant a permit subject to conditions, or refuse to grant a permit.

Attachments •

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 to subdivide the land at 270 Woodward Road Golden Square into 8 lots 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.

PUBLIC OPEN SPACE CONTRIBUTION Before the statement of compliance is issued the applicant or owner must pay to the responsible authority a sum equivalent to 5% of the site value of all the land in the subdivision.

4.

REMOVAL OF OUTBUILDINGS Before a statement of compliance is issued for the subdivision all outbuildings on the site must be removed except for any outbuilding wholly contained within the boundaries of Lot 1.

5.

SECTION 173 AGREEMENT Before the plan of subdivision is certified the owner must enter into an agreement with the responsible authority under section 173 of the Planning and Environment Act 1987 and must make application to the Registrar of Titles to have the PAGE 32

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agreement registered on the title to the land under section 181 of the Act, which provides that: upon the sale of any lot in the subdivision the vendor must disclose to any purchaser that racing greyhounds are kept on the adjoining property at No.262 Woodward Road.

6.

DETAILED DRAINAGE 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.

7.

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.

The Responsible Authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land.

Such amount is assessed as $7000 or such amount applying at the time of payment.

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.

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 $3200 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 If a stormwater detention system or a water quality treatment system is installed on the site, the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987 before a statement of compliance is issued. The agreement must provide for the following: PAGE 33

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(a) All systems must be designed by a qualified engineer and must be approved by the responsible authority before construction. (b) All systems must be installed before, or concurrently with, the development of a building on the site. (c) All systems must be completed before they are connected to Council's drainage system. (d) All systems must be maintained by the owner and must not be modified without the written approval of the responsible authority. (e) The owner must allow authorised Council officers to inspect any system on the site from time to time. (f) The owner must pay all costs associated with the construction and maintenance of any system on the site.

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.

COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

13.

POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act. (b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall: Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor. (d) The applicant shall: Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required. (e) Any buildings must comply with the clearances required by the Electricity Safety PAGE 34

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(Network Assets) Regulations. (f) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules.

14.

TELSTRA The plan of subdivision submitted for certification must be referred to Telstra in accordance with Section 8 of the Subdivision Act 1988.

15.

TENIX The plan of subdivision submitted for certification must be referred to SP AusNet (Gas) in accordance with Section 8 of the Subdivision Act 1988.

16.

DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Adjoining Crown land: To prevent impacts on adjoining Crown land described as Crown Allotment 135Z Section C Parish of Sandhurst the applicant must ensure: (a) All works are to be contained within the freehold land. (b) That there is no removal of native vegetation from the adjoining Crown land. (c) No access to or egress from the subject land is permitted via the adjoining Crown land. (d) Adjoining Crown land must not be used for truck turning areas, parking areas or temporary stack sites during the construction of buildings or works.

Runoff: No polluted and/or sediment laden run-off or other concentrated flow of water is to be discharged directly or indirectly into the adjoining Crown land.

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2.4 SUBDIVISION OF LAND INTO 2 LOTS - 89 ALLINGHAM STREET, GOLDEN SQUARE Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This permit application seeks approval to create a new vacant residential lot at 89 Allingham Street, Golden Square by way of a two lot subdivision. There is one objection to the application from a neighbouring property owner who is concerned that the subdivision may result in overlooking problems.

This report assesses the merits of the proposed subdivision and discussed the issues raised by the objector. The report concludes that the proposal complies with the Planning Scheme.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/320/2012 16 May 2012 Carson Simpson Pty Ltd 89 Allingham Street, GOLDEN SQUARE Residential 1 Zone Abuttal to a Road Zone Category 1 (Hattam Street) Nil

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Subject Site and Surrounds The site is located in Golden Square, approximately 400m east of High Street. The site consists of all the land shown as Lot 1 on Plan of Subdivision LP 33942. The site is a corner lot with abuttals to Allingham Street and Hattam Street. The site covers an area of 1,294m2.

A single storey brick and render dwelling occupies the site. There is a carport on the north side of the dwelling which is accessed via Allingham Street. Attached to the east side of the main dwelling is a gable roof extension. There are several outbuildings within the rear yard of the site. Scattered garden plantings are present on the site.

Adjoining the north boundary of the site is No.87 Allingham Street - a single storey residence. A single storey dwelling is also located to the east of the site at No.1 Hattam Street.

Figure 1: A location map showing the subject site. A star shows the objector's property.

Proposal It is proposed to subdivide the rear part of the site from the existing dwelling to create a new vacant lot (shown on the plan as Lot 2). The new vacant lot will be in the form of a 'battle-axe' with a 14m frontage to Allingham Street and a 17m frontage to Hattam Street.

The new lot will be 765m2. Vehicle access to the new lot will be via Allingham Street (VicRoads has prohibited any vehicle access from Hattam Street).

Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone and abuts a Road Zone Category 1 (Hattam Street).

No overlays cover the site. The proposed subdivision of the site triggers the need for a permit pursuant to the zone provisions and clause 52.29 in the planning scheme. The following clauses in the planning scheme are relevant to the application:

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State Planning Policy Framework

Regional development (clause 11.05).

Urban environment (clause 15.01).

Sustainable development (clause 15.02).

Residential development (clause 16.01).

Movement networks (clause 18.02).

Development infrastructure (clause 19.03).

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).

Reference documents (clause 21.10).

Local Planning Policies

Salinity and erosion risk policy (clause 22.04).

Golden Square residential character policy GS7 (clause 22.15).

Other Provisions

Residential 1 Zone (clause 32.01).

Land adjacent to a road zone, category 1, or a public acquisition overlay for a category 1 road (clause 52.29).

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

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

VicRoads

No objection

Asset Planning & Design (internal)

No objection subject to conditions

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Public Notification The application was advertised to the public by mail and on-site notices. One person has objected to a permit being granted because of concerns about privacy, the loss of an existing tree on the site and the subdivision layout. The grounds of objection are discussed later in this report.

Planning Assessment Amended plan It is of note that the application originally envisaged a three lot subdivision with one of the lots gaining vehicular access solely from Hattam Street. This plan was rejected by VicRoads and as a result the proposal was amended to a two lot subdivision. VicRoads consents to the amended application.

Potential for overlooking The grounds of objection essentially centre on the issue of visual privacy. The objector's property adjoins the subject site and the objector is concerned that any new dwelling constructed on proposed Lot 2 will result in overlooking problems. The concerns are exacerbated by the potential loss of a tree on the subject site that currently provides some screening between the properties.

In the absence of a dwelling design for Lot 2 it is not possible to determine precisely whether overlooking will occur towards the objector's property. Suffice to say, any new dwelling constructed on Lot 2 will need to comply with Rescode standards relating to visual privacy. The relevant building surveyor will be responsible for assessing any house design for compliance with Rescode as part of the building permit process.

Notwithstanding the absence of a current house design for Lot 2, it is clear from the subdivision layout that the potential for overlooking will be low. Lot 2 is intended to be a battle-axe shape with a main frontage to Hattam Street. The layout of Lot 2 means that any new dwelling will be likely to front Hattam Street (towards the south end of the lot) thereby providing a reasonable degree of separation between the dwelling and the objector's property boundary (situated to the north of the lot). This separation will be reinforced by the position of any future driveway which will need to run alongside the common boundary (VicRoads will not allow a driveway access off Hattam Street). The size of the proposed lot is also large enough to accommodate garden plantings which, over time, will have the propensity to filter views between the properties.

Compliance with clause 56 The residential subdivision provisions in clause 56 of the planning scheme apply to the application. The proposed subdivision complies with all the objectives in the clause, and in particular:

The site is close to the Golden Square shopping centre. The site will be serviced by a bus route. There are also parks and community facilities near the site. The site is appropriately zoned for residential purposes and it is situated within Bendigo's urban growth boundary.

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The new vacant lot will be fully serviced by reticulated sewerage and water.

Electricity, telecommunications and gas will also be supplied to the lot.

The new vacant lot will be large enough to easily contain a rectangle measuring 10m by 15m. The lot will enjoy good opportunities for northern light. The lot layout and density will be in keeping with the preferred neighbourhood character and is comparable to other lot densities in the immediate area.

Conclusion For the reasons discussed above it is concluded that the permit application meets the requirements of the planning scheme and on this basis a permit should be granted.

Options Council, acting as the responsible authority for administering the planning scheme, may resolve to: grant a permit, grant a permit subject to conditions, or refuse to grant a permit.

Attachments •

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 to subdivide the land at 89 Allingham Street Golden Square into two lots 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.

REMOVAL OF OUTBUILDINGS Before a statement of compliance is issued for the subdivision all outbuildings on the site must be removed except for any outbuilding wholly contained within the boundaries of Lot 1.

4.

DETAILED DRAINAGE 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.

The Responsible Authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $2000 or such amount applying at the time of payment.

6.

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.

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.

7.

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.

8.

SECTION 173 AGREEMENT If a stormwater detention system or a water quality treatment system is installed on the site, the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987 before a statement of compliance is issued. The agreement must provide for the following: (a) All systems must be designed by a qualified engineer and must be approved by the responsible authority before construction. (b) All systems must be installed before, or concurrently with, the development of a building on the site. (c) All systems must be completed before they are connected to Council's drainage system. (d) All systems must be maintained by the owner and must not be modified without the written approval of the responsible authority. (e) The owner must allow authorised Council officers to inspect any system on the site from time to time. (f) The owner must pay all costs associated with the construction and maintenance of any system on the site.

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9.

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.

10.

COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

11.

POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act. (b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall: Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor. (d) The applicant shall: Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required. (e) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (f) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules.

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2.5 2 LOT SUBDIVISION - 30 BAKEWELL STREET, NORTH BENDIGO Document Information Author

Liz Commadeur, Subdivision Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks approval for a two lot subdivision at 30 Bakewell Street, North Bendigo. It is proposed to subdivide the side yard off from the existing dwelling to create a new vacant lot suitable for a dwelling. One neighbour has objected to the subdivision principally because of concerns about amenity and drainage issues.

The site is within Bendigo’s Urban Growth Boundary and is zoned for residential purposes. It is considered that the subdivision meets the requirements of the Planning Scheme and a permit should be granted.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/730/2012 28 September 2012 J P Gavin 30 Bakewell Street, NORTH BENDIGO Residential 1 Zone There are no overlays.

Subject Site and Surrounds The subject site is located in an established residential area of Bakewell Street. The site is generally rectangular in shape with an area of 873 square metres. An existing dwelling is located on the northern portion of the site.

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Services, including reticulated water and sewerage, power and telecommunications are connected to the site. Bakewell Street is a divided road, which is sealed with kerb and channel. There is no formal footpath along the site frontage.

Lot sizes in the area range from 200 square metres to 1,100 square metres. The dwellings in the area tend to be modest sized family homes with reasonable front and side setbacks. The site is located within close proximity to the Central Business District, North Bendigo Primary School, Bendigo Hospital and recreation facilities.

Figure 1: Location map showing subject site. Objector’s property marked with a star.

Proposal The applicant seeks approval for a two lot subdivision at 30 Bakewell Street, North Bendigo. t is proposed to subdivide the side yard off from the existing dwelling to create a new vacant lot suitable for a dwelling. The area of Lot 1 will be 497 square metres, with a 15 metre wide frontage to Bakewell Street. The area of Lot 2 will be 376 square metres, with a 14.5 metre wide frontage to Bakewell Street. Lot 1 and Lot 2 will utilise the existing driveways for access. The lots would be fully serviced. Four non-native trees will be removed from the south western side of the site.

Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone. A permit is required to subdivide land pursuant to the Zone controls.

The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application:

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State Planning Policy Framework: • • • • • •

Regional development (clause 11.05).

Soil degradation (clause 13.03).

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).

North Bendigo Township residential character policy (clause 22.20).

Other relevant provisions: • • •

Residential subdivision (clause 56) Decision guidelines (clause 65).

Referral and notice provisions (clause 66).

Consultation/Communication Referrals The following internal department has been consulted on the proposal: Referral

Comment

Drainage

No objection subject to conditions

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers.

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As a result of advertising one objection was received, with the grounds of objection being: •

Drainage issues;

•

Removal of asbestos;

•

Amenity issues.

The objections are discussed below.

Planning Assessment Neighbourhood Character The site is located within Precinct 5 of the North Bendigo residential character policy.

The precinct is described as: “… An area of housing mostly built from the 1950s in which roof shapes are often important as they provide a consistent theme. The horizontal emphasis of the dwelling form results from the long, low elevations of the buildings in relation to their height. The modest front setbacks lend an intimacy and consistency to the area. Low or transparent front fences create an open feel to the streetscape.

Mature but low level gardens (mostly exotic) and wide nature strips in some streets provide a pleasant garden suburb character”.

The desired future character for the precinct is to maintain the garden suburb character, horizontality and articulation of the dwellings and the openness of the streetscape.

Bakewell Street generally reflects the description of this character policy. The types of housing in Bakewell Street are generally older, modest sized weatherboard dwellings, with tiled roofs and have reasonable front and side setbacks. The dwelling abutting the site at 28 Bakewell Street has a flat roof and part of the dwelling is positioned on an angle. Most properties have low front fences. Gardens along this side of Bakewell Street tend to be small to medium in size. There are a number of small to medium sized non-native trees which provide a pleasant backdrop to the dwellings along Bakewell Street. A small number of small non-native trees are scattered along the road reserve.

Bakewell Street has a generous median strip which divides the road.

It is proposed to subdivide the south western part of the yard off from the existing dwelling to create a new vacant lot suitable for a dwelling. There are four large nonnative trees and two sheds located in the south western corner. At least two of these trees and the sheds will need to be removed to allow the construction of a dwelling on Lot 2.

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The applicant has provided an indicative plan showing that a dwelling can achieve a reasonable setback from the street, which is in keeping with the dwellings on the abutting side lots. To overcome the potential for the domination of a dwelling on Lot 2, it is reasonable to set a restriction on title that allows for a setback of any future building on the lot (see Attachment 1). The building envelope for Lot 2 will be set back 5.5 metres from the mid point of the front boundary. In particular, the setback of Lot 2 will blend with the setback of the dwelling on Lot 1 and the angular position of the dwelling at 28 Bakewell Street.

Having regard to the site description and the design response, it is considered that the proposed subdivision is in keeping with the neighbourhood character for the following reasons: •

Two sheds exist on the proposed lot, so the streetscape already “accepts” a building of some form on this part of the land

•

The streetscape currently reflects a sense of spaciousness, with generous front and side setbacks and low fences.

This sense of spaciousness will not be compromised as any future development on Lot 2 can be located to allow for appropriate side and front setbacks. A proposed building envelope will ensure that any new dwelling is located so as to meet the setback requirements of Rescode.

•

The shape and size of Lot 2 lends itself to further development. This is because the width of Lot 2 provides reasonable frontage to Bakewell Street, while the depth of the lot is generous, allowing a dwelling to be setback 5.5 metres from the street.

•

Whilst the loss of some or all of the non-native trees from the site will undoubtedly alter the streetscape to a certain degree, there is potential for the owners of Lot 2 to construct a dwelling and establish a garden which will respect the existing streetscape in the future.

•

The proposed neighbourhood.

subdivision

will

generally

integrate

with

the

surrounding

Amenity The objector is concerned about potential overlooking and overshadowing of their property at 28 Bakewell Street. If a single storey dwelling was constructed, overlooking issues are unlikely. It is true that if a double storey dwelling was constructed, issues of overlooking could arise. However, overlooking towards this property from Lot 2 would be minimal due to the 2 metre high fence along the common boundary of Lot 2 and the objector’s property. Secondly, the location of a large tree with a very large canopy is located very close to the common boundary on the objector’s property. In any event, overlooking can be managed in accordance with the relevant Rescode standard (at the Building Permit stage), such as controlling the design and location of windows, balconies and patios. Future tree screening and use of fence extensions or other techniques could be used if necessary to minimise potential overlooking issues.

There is potential for some overshadowing of the objector’s property at 28 Bakewell Street in the mid afternoon, however, the overshadowing effect on this property for the balance of the day will be minimal. Any overshadowing of 28 Bakewell Street will be during the late morning to early afternoon only, and any new dwelling will be required to comply with the overshadowing requirements of Rescode. The objector’s property is well overshadowed by the existing tree located in the rear yard.

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Drainage Issues The objector has concerns with minor flooding of the property from the subject site. The City’s Development Engineer has stated that the site will be required to drain to its legal point of discharge. Should the application be approved, a condition will be placed on the permit requiring the applicant to provide stormwater detention to pre-development levels in accordance with plans approved by the responsible authority. The provision of stormwater detention will ensure that stormwater generated by the proposed development will be retained on site and not interfere with the objector’s property.

The objector is also concerned that there is a drainage issue to the rear of the property, which is causing wet conditions under the objector’s house. The City’s Drainage Engineer has inspected the objector’s property and notes that the property will have some runoff from the property at 7 Afton Street due to the natural fall of the land and runoff after a rain event from a large flat paved area located at the rear of the objector’s property. The subject area has been identified for possible future drainage works but is not considered a high priority due to the relatively minor nature and extent of the problem.

The City of Greater Bendigo considers the extent of the drainage issue to be of a minor nature, and the subject area is listed as low priority in the schedule of City drainage works program. This current situation will not be exacerbated by the subdivision, because all stormwater on the proposed lots is required to be retained on site.

Other Issues The objector raised a concern about possible soil contamination from a shed that was removed 6 years ago, that may have been partially constructed using asbestos. The City’s Municipal Building Surveyor provided advice that soil contamination from asbestos can only occur if the asbestos based materials have been buried in the soil. Since all building materials appear to have been removed from the site at the time of demolition there is no potential for contamination.

The applicant/owner will be required to remove the shed on Lot 2 prior to the issue of a statement of compliance. Should there be evidence of building material containing asbestos, the applicant/owner is responsible for engaging a registered asbestos removalist to remove the shed in accordance with WorkSafe Victoria's guidelines for asbestos removal.

Rescode The application has been assessed as satisfactorily addressing the objectives and standards of ResCode as contained in Clause 56 of the Greater Bendigo Planning Scheme.

Conclusion For the reasons above, it is considered that the proposed subdivision does comply with the Planning Scheme and a permit should be granted.

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Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.

Attachments •

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 30 Bakewell Street, North Bendigo subject to the following conditions: 1.

AMENDED PLANS Before the plan of subdivision is certified amended 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 form part of the permit. The plans must be generally in accordance with the plans submitted with the application but modified to show a building envelope set back 5.5 metres from the midpoint of the front boundary of Lot 2.

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, gas and telecommunication 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.

REMOVAL OF OUTBUILDING Prior to the issue of a statement of compliance, the applicant/owner must remove the existing outbuilding on Lot 2 to the satisfaction of the responsible authority.

7.

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 PAGE 53

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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. (d) Drainage easements over any private property for outfall drainage.

8.

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.

Or The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land.

Such amount is assessed as $1000 or such amount applying at the time of payment.

9.

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.

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.

10. 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.

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.

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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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2.6 2 LOT SUBDIVISION OF LAND - 45 TAYLORS LANE, STRATHFIELDSAYE Document Information Author

Liz Commadeur, Subdivision Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks approval for a two lot subdivision of the land at 45 Taylors Lane, Strathfieldsaye. One neighbour has objected to the subdivision principally because of concerns about amenity issues, devaluation of property and potential loss of views.

The site is within Bendigo’s urban growth boundary and is zoned for residential purposes. It is considered that the subdivision meets the requirements of the Planning Scheme and a permit should be granted.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/702/2012 18 September 2012 CPG Australia Pty Ltd 45 Taylors Lane, STRATHFIELDSAYE Residential 1 Zone There are no overlays

Subject Site and Surrounds The site is located within a residential area on the east side of Taylors Lane in Strathfieldsaye. A dwelling and associated outbuildings are located on the southern part of the site. The site is generally irregular in shape and has an area of 4,771 square metres. The site has a 73 metre wide frontage to Taylors Lane. There are a number of trees located along the road reserve and on the site.

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The site is located approximately one kilometre from the Strathfieldsaye Shopping Precinct and 10 kilometres from the Bendigo CBD. Local facilities include a primary schools and recreation reserves. A bus service to and from the CBD is available on Strathfieldsaye Road.

Figure 1: Location map showing subject site. Objector’s property marked with a star.

Proposal The applicant seeks approval to subdivide the land into 2 lots, with Lot 1 being 1,448 square metres and Lot 2 being 3,323 square metres. It is proposed to excise the northern side of the site from the existing dwelling to create a lot suitable for a dwelling.

Both lots would have direct access from Taylors Lane. The lots would be fully serviced.

Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone. A permit is required to subdivide land pursuant to the Residential 1 Zone controls.

The following provisions of the 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)

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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)

Other relevant provisions: • •

Decision guidelines (clause 65) Referral and notice provisions (clause 66)

Consultation/Communication Referrals The following internal departments have been consulted on the proposal: Referral

Comment

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

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: •

Lack of privacy

•

Loss of views

•

Devaluation of property

No consultation meeting was held as the applicant did not want to participate. The objections are discussed below.

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Planning Assessment Existing Neighbourhood Character In relation to neighbourhood character, the site is located in an area which is now planned for change. The subject site is located within Precinct 10 of the Strathfieldsaye Township Plan, which has been recently adopted. The vision for this precinct is to have a mixture of densities which range from 300 square metres to 1,200 square metres. This area currently contains lots that range between 645 and 7,600 square metres. This site and land along Taylors Lane has been surrounded by new residential development to the south, east and west, in the vicinity of Tannery Lane, Bassett Drive and Elsworth Drive.

An application for an 18 lot subdivision has recently been lodged which will abut the site to the south and the objector’s property to the east. The area of the proposed lots will range between 454 square metres and 1,200 square metres. Taylors Lane to the north of the site is comprised of lots that are greater than 1,000 square metres in area. Most of these lots generally have large dwellings with medium to large landscaped gardens, creating a sense of spaciousness.

It is proposed to subdivide the northern part of the lot off from the existing dwelling and create a new lot suitable for a dwelling. Both lots will have access from Taylors Lane.

Lot 1 will have an area of 1,448 square metres, while Lot 2 will be 3,323 square metres.

The frontages of both lots are similar to most lots in the surrounding area, in particular to the south of the site.

It is considered that the proposed subdivision will respect the character of the neighbourhood for the following reasons: • The frontages of the proposed lots are generous and comparable to the lots located to the south.

• The area of the lots is within the preferred range size of 300 and 1,200 square metres. On balance, the Strathfieldsaye Township Plan allows flexibility for a range of proposals which satisfy Rescode requirements. It is considered that the proposed subdivision is consistent with the objectives of the Plan.

• The proposed subdivision will not affect the character of the surrounding neighbourhood. The future construction of a dwelling on Lot 1 will have little impact on the existing character of the area.

• The proposed subdivision is providing an additional, generous sized lot which is suitable for a medium to large sized dwelling on the outer fringe of the Urban Growth Boundary.

Rescode Rescode requirements, including solar orientation can be achieved. Access is available to both lots. All services, except for gas, can be connected to the site.

The new vacant lot is able to easily accommodate a 15 metre by 10 metre building rectangle, which is sufficient space for a medium to large sized dwelling.

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The objector is concerned that their privacy will be compromised by the proposed subdivision. The proposed subdivision will have minimal amenity impacts on the objector’s property. The common boundary between the site and the objector’s property boundary to the east is approximately 20 metres from the western wall of the dwelling 43 Taylors Lane. This degree of separation between this dwelling and any proposed dwelling on Lot 1 may be reinforced with the planting of trees, but should not be a mandatory requirement. There is ample space on the site and it is unlikely that any future dwelling constructed on Lot 1 will be located so close to the eastern boundary as to cause privacy issues for the objector.

The application has been assessed as satisfactorily addressing the objectives and standards of ResCode as contained in Clause 56 of the Planning Scheme.

Devaluation of Property and Loss of Views Devaluation of property and loss of views are not town planning considerations as has been repeatedly tested at VCAT. Conclusion For the reasons above, it is considered that the proposed subdivision complies with the Planning Scheme and a permit should be granted.

Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.

Attachments •

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 45 Taylors Lane, Strathfieldsaye 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, gas and telecommunication services to each lot shown on the endorsed plan in PAGE 61

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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.

7.

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.

Or The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $1000 or such amount applying at the time of payment.

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 PAGE 62

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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

Should the applicant opt to install an on-site stormwater detention system or water quality treatment system then, 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.

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.

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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2.7 AWARDING OF CONTRACT NO: CT000008 FOR THE RESEALING 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 2009–2013 (updated 2012) Built and Natural Environment Strategy 1.13

Maintain and enhance the effectiveness of existing roads, including developing mechanisms to improve truck routes outside the city centre.

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 a cycle rate on bituminous seals of 1 in 22.5 years or approximately 4.4% of the sealed road network. On average, the desirable rate is 1 in 15 years or 6.7% of the sealed road network.

The failure to meet the intervention level will result in further deterioration of the sealed road network including additional pavement failures and a requirement for additional major patching/surface preparation work prior to resurfacing. As a result, a significant increase in funding for resurfacing and major patching will be referred to the 2013/14 budget for consideration.

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It has been necessary to fund most of the asphalt dig out work in preparation for reseals from this budget. This was due to the poor state of road pavements listed for reseals and a budget shortfall in this area following the ending of the drought and subsequent wet seasons.

The contract is for one year and the program requires the resealing of approximately 344,000 square metres of roads and 33,000 square metres of final seals.

Sprayline and Boral Asphalt have undertaken spray sealing contracts for the municipality in recent years. While Primal Surfacing has undertaken VicRoads Northern Region reseal works for the past 7 years. Sprayline and Boral Asphalt have depots based in Bendigo.

The evaluation panel consisting of Brett Martini, Manager Engineering & Public Space, Noel Shanahan, Co–ordinator Infrastructure Development and Greg Power, Project Manager evaluated the tenders in accordance with the criteria specified in the tender documents.

The tender evaluation panel have 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.

Conclusion The evaluation panel recommend that the contract be awarded to Primal Surfacing.

Resource Implications The budget for these works is included in the resurfacing and final seal budget.

The resurfacing budget allocation of $2.7 million is made up of reseal and asphalt components. This contract contains the reseal component.

Details of individual allocations are: Budget

Contract Price (excludes GST)

Reseals

$1,700,000

$1,689,734 (includes $90,000 contingency)

Asphalt

$ 670,000

$650,000 (includes $107,000 contingency)

Works to date

$

80,000

Carry over asphalt surfacing under contract by Boral

Preparation works

$

50,000

Undertaken by BenCon

Asphalt works still to be arranged

$ 200,000

Total Resurfacing

$2,700,000

To be tendered next year

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The final seal allocation is:

Final Seals

Budget

Contract Price (excludes GST)

$150,000

$130,990 (includes $10,000 contingency)

It should be noted that the Contract Price is subject to rise and fall and has adjustments for area and bitumen rates.

RECOMMENDATION That Contract No: CT000008 for the Sealing of Various Roads be awarded to Primal Surfacing for $1,820,724 (excluding GST).

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2.8 RESPONSE TO PETITION: REQUEST FOR INSTALLATION OF "NO STANDING" SIGNAGE IN GREENWOOD DRIVE, KENNINGTON Document Information Author

Andrew Smith, Transportation Engineer

Responsible Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose The purpose of the report is to respond to the petition presented to Council on 21 March 2012 from residents and users of Greenwood Drive, Kennington.

Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2009–2013 (updated 2012) Built and Natural Environment Strategy 1.12

Develop a sustainable integrated transport network.

Policy Residential Parking Policy Background Information A petition has been presented to Council requesting the installation of "No Standing" signage in Greenwood Drive, Kennington, as outlined below:

"We, the undersigned concerned residents and ratepayers formally petition and request the City of Greater Bendigo address the serious parking problems along both sides of Greenwood Drive, from Edwards Rd to Inorom Place because of the parking demands of La Trobe University students, visitors and staff.

Our residential area was not designed for, nor was it intended, as an overflow car parking area for the University. Residents cannot park unhindered on University land.

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We believe uncontrolled parking compromises safety in our residential area, placing residents and their properties at risk. That risk compounds because of the bends in, and the narrowness of, Greenwood Drive. For example, with cars parked on either side of the Drive, there is no room for a CFA truck to get through. It creates potential head-on collisions - two of which have occurred in the past 4 years.

At the very least, we request 'No Standing' signs be placed strategically along Greenwood Drive on both sides to Inorom Place".

Signatures

-

44

Previous Council Decision(s) Date(s): At the Council meeting on the 21 March 2012, a motion was passed that a report be prepared within two meetings.

Council considered the matter of restricting parking opportunities in residential streets in April 2009 and resolved that this was not appropriate at that time.

Report An on-site meeting was held with residents, officers and then Councillor Keith Reynard on the evening of 17 April 2012 to discuss the residents’ concerns about University traffic using Greenwood Drive for parking.

There appeared to be a consensus of the residents in attendance that banning parking on both sides of Greenwood Drive between Edwards Road and Inorom Place (refer attached map) would solve their concerns and allow free flowing two way traffic. It was acknowledged that residents and their visitors would have to park off street.

While it was appreciated that the residents felt a blanket ban on parking in the street would solve their concerns, the Director - Presentation and Assets, indicated that it would be preferable to treat the source of the problem rather than to impose a restriction in the street.

It was therefore agreed at the meeting that Cr Reynard and officers would approach the University to discuss options to improve on-campus parking arrangements.

An initial meeting was held with University staff on 3 May 2012. At the meeting it was identified that the matter required input from the Executive Director (Bendigo Campus), Mr Andrew Skewes. Cr Reynard and officers were able to meet with Mr Skewes on 23 July 2012.

An inspection was undertaken as part of this meeting whereby it was found that University related parking is occurring in Greenwood Drive despite considerable oncampus parks being available. Consequently, Mr Skewes indicated that in addition to pursuing ways to make the University parking more attractive to students, the University would be happy to contact the students using Greenwood Drive to see what other arrangements could be made. To assist in this, he asked that the University office be contacted when a build up of vehicles was observed in Greenwood Drive. Once notified,

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the University would attempt to make initial contact with each vehicle’s owner by putting a notice on their windscreen and then seek to establish more suitable arrangements.

A series of letters and emails between the Director - Presentation and Assets, and the author of the petition, Mr George Flack, then occurred (copies attached).

Traffic Information A week long traffic count was conducted in May 2012 and recorded an average of 318 vehicles per day in Greenwood Drive. The 85th percentile speed (i.e. the speed at which 85% of all vehicles are travelling less than) was 37km/h.

Four cars were recorded exceeding the speed limit (0.16% of recorded vehicles) for the week and these events occurred between 5pm & 10pm (after University finished). The 95th percentile speed of vehicles between 9am & 5pm was 39km/h +/- 1km/h. After 5pm this increased to 41km/h +/- 1km/h. Further, between 9am & 5pm (Monday to Friday), only 7 vehicles were travelling faster than 45km/h compared to a total of 17 vehicles travelling faster than 45km/h outside those hours over the week.

Analysis of Traffic Information Previous traffic studies have found that there is likely to be an increase in traffic speeds when on street parking is not present and this finding is supported by the results of the traffic survey. On this basis it can be concluded that banning parking (or avoiding it) may reduce safety in the street.

The 85th percentile speed of 37 km/h is very low compared with other streets in Bendigo and so too the “unimpeded” 95th percentile speed of 41 km/h and, in this context, the street is considered to be relatively safe.

In regards to the concern about CFA trucks, assuming cars are parked legally on both sides of the street, there is at least 3.5 metres width of road remaining. This is considered to be more than sufficient for a vehicle to negotiate (legal minimum is 3.0 metres) and CFA vehicles are a maximum width of 2.5 metres.

According to Council’s Infrastructure Design Manual, such a street can accommodate up to 1,000 vehicles per day and so capacity is also not considered a problem and visibility is very good.

Other Options The proposal to utilise the vacant land at Innovation Park was investigated and discussed with the University however, as it is a grassed surface, it does not provide all weather access and is therefore not considered appropriate.

The Brennan Park Pool car park offers considerable opportunity for higher utilisation (refer attached map). To encourage this, a parking directional sign has been erected in Houlahan Street in recent months.

The University is also considering other options such as removing the requirement for a permit on all or selected car parks and setting up a system for day permits.

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Policy Context Council’s existing policy position is that on street parking is part of the role of a residential street (refer attached report).

There are broader ramifications for the community of changing the policy to prohibit on street parking in a residential street. These include: •

Creating a precedent for the installation of No Standing signs in any residential area where there is an interface with a major traffic generator. For example, in the vicinity of the QEO.

•

Moving the problem to another street rather than solving it, including the compounding effect of this.

•

The financial implications for ratepayers if such an approach is adopted and its application grows; particularly given the dispersed nature of the major traffic generators throughout the city. The cost is not restricted to the installation and maintenance of the signs, but also the enforcement of the restrictions imposed. It is likely that additional traffic inspectors would need to be employed to actively enforce these areas.

•

The eventual loss of the normal use of residential streets for parking by residents and their visitors.

•

The eventual loss of ‘overflow’ parking in residential streets near major traffic generators with no practical alternatives in place.

It has been suggested that Greenwood Drive is unique. In the context of its traffic function there is nothing that makes Greenwood Drive unique in comparison to other residential streets and roads across the city. It is, in fact, quite typical. Accordingly, the risk of creating a precedent by banning parking in Greenwood Drive is significant and this must be considered in any decision.

Conclusion While the frustration of the petitioners about having “University Parking” in their street is acknowledged, the required solution of banning parking is not considered to be the best approach.

The University has offered to help address this problem through educating students and offering more attractive on-campus options. This, together with further work by Council to get better utilisation of the Brennan Park Pool car park, is considered a much better option.

Irrespective of the option chosen to reduce (or remove completely) the on street parking in Greenwood Drive, evidence indicates that traffic is slower when the vehicles are present. Therefore, if the residents’ primary objective is to improve safety then action to have less parking may be counter productive.

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The creation of a precedent to ban parking in residential streets is significant and the reasons for not doing this continue to be relevant.

Attachments 1. Map of Greenwood Drive 2. Correspondence 3. Residential Parking Policy RECOMMENDATION It is recommended that Council: 1. Continue to work with LaTrobe University to improve parking options on-campus and to achieve higher utilisation of the Brennan Park Pool car park.

2. Consider a further report on the effectiveness of measures implemented with the University in six months time.

3. Retain the existing traffic arrangements in Greenwood Drive.

4. Notify the submitters of the petition of Council's decision.

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ECONOMIC DEVELOPMENT

3.1 PROVISION OF CATERING SERVICES AND FUNCTION MANAGEMENT AT THE CAPITAL - BENDIGO'S PERFORMING ARTS CENTRE AND THE BENDIGO TOWN HALL Document Information Author

David Lloyd – Manager, The Capital

Responsible Director

Stan Liacos, Director City Futures

Summary/Purpose The purpose of this report is to seek Council’s endorsement for a catering contractor to be appointed for the provision of catering services and function management on a commercial basis at The Capital (Bendigo’s Performing Arts Centre) and Bendigo Town Hall.

Policy Context “We will develop the cultural and creative aspirations of the community to make a significant contribution to the City’s social and economic prosperity and quality of life for all.”

“We will plan for and manage assets for the benefit of the community.”

Background Information The team at The Capital assumed on-going management of Bendigo Town Hall in February 2010. The main reasons for the then change in management were to: •

Significantly increase access to and use of the Town Hall by the Greater Bendigo community on a sound commercial basis;

•

Relieve the Customer Services Team of this role (a function they had performed reluctantly as it was not an area of expertise for them and had distracted them from performing their prime responsibilities);

•

Improve commercial revenue streams for the venue and organisation; and

•

Improve overall supervision and “custodianship” for the venue.

Key achievements or milestones achieved in 2011/12 include: PAGE 74

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The successful activation of the Town Hall as a premier function and events space.

Approximately 22,000 people attended 170 events at the Town Hall in 2011-2012.

The revenue generated to Council from these activities was approximately $65,000 which is less than the previous year of approximately $86,000. . This is compared to the 2008/09 financial year which is the year prior to The Capital taking on management responsibilities. In that year approximately 12,100 people attended 63 events resulting in only $18,000 revenue.

The successful development and implementation of “The Vahland Experience”, the co-branding of The Capital and the Town Hall for the delivery of premier functions and events (particularly weddings); and

The successful reallocation of existing staffing resources to absorb oversight and management of the venue at no additional cost to Council.

Due to circumstances beyond our direct control, Sandhurst Venue Management (SVM), the commercial caterer with the contract for the Bendigo Town Hall and The Capital then went into liquidation in June 2012. This has had a significant impact on our operation and has led to a slow-down in business activity through these venues.

Report Following the departure of SVM, officers commenced a process of selection for a new commercial contractor in September 2012 with an Expression of Interest document being developed and advertised. Lodgements closed on 2 November. Four companies lodged expressions of interest.

An evaluation panel was convened to consider the expressions of interest. members of this panel were:

The

• David Lloyd - Manager, The Capital, • Stephen Henderson - Venue Coordinator, The Capital, • Rachel Lee, Special Projects/ Major Projects Manager, and • Paul Sherwood, Contracts/Procurement Coordinator.

The panel met on 8 November to consider the submissions in detail. It was the unanimous decision of the panel to enter into contract negotiations with Tischa Pty Ltd trading as Twenty2, situated in Williamson Street based on the weighted Tender Assessment Criteria of capability, capacity and value. A summary of the tender assessment panels weighted scoring is available on request.

Subsequent to this decision Council officers and the responsible Director have met with the Directors of Tischa Pty Ltd and have developed a broad set of conditions with which we will enter into detailed contract negotiations. These conditions include: • Rental and condition terms, and • Level of subsidised community access.

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An in-principle agreement has been reached with Tischa Pty Ltd to be operating as our preferred caterer and functions management provider by the end of January, 2013. We now seek Council endorsement for this. The Agreement is summarised in the commercial-in-confidence attachment and as briefed at Councillor Forum. Note that there is a proposed progressive increase in rental and commission over the term of the agreement. This has been implemented to encourage the contractor to invest in marketing and infrastructure in the early stages as well as give the business the best chance to be viable from the outset.

Special conditions Community Access The parties have agree to provide access to the Bendigo Town Hall facility including commercial kitchen on ten occasions at times agreed to by the parties taking into consideration peak commercial activity times. These times include: • • •

Christmas Day; Easter (four days); and Five other dates to be fixed a minimum of twelve months out and agreed to in advance.

Exclusivity With the exception of the dates outlined above the contractor will have exclusivity for the provision of catering services to The Capital and Bendigo Town Hall.

Contract negotiation The parties have agreed in principle to enter into detailed contract deliberations, including but not limited to menu pricing, hiring rates, service delivery standards and the use, payment and ownership of plant and equipment.

Priority/Importance: This decision is of high importance as the ongoing viability of these two venues is reliant on a quality contractor being in place immediately.

Timelines: We envisage to be in a position to commence the contract with the new contractor by the end of January 2013. The contract will be for an initial period of two years with the option of a further two years and reviewed thereafter.

Consultation/Communication There was an open and transparent Expression of Interest process which attracted reasonable interest.

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Resource Implications It is budgeted that the activity in these two venues will generate approximately $748,500 in revenue and $679,300 in expenditure resulting in a net surplus on activities of approximately $70,000 for the financial year. In addition to rental (lease) fees ranging from between $15,000 - $30,000 per annum depending on what year of the agreement we are in.

Conclusion We have had the opportunity to work with and observe Tischa Pty Ltd and believe they are a highly reputable company with a local reputation for quality produce and service.

We feel that they can meet the catering and function needs of these important Council facilities.

The model of working with a strong local business on the delivery of catering and functions in these iconic buildings is a sustainable and viable option We believe the arrangement outlined above will lead to stronger utilisation of these buildings providing more members of the community access to them utilising the buildings for the benefit of the community as a whole.

RECOMMENDATION That Council endorse Tischa Pty Ltd as the commercial contractor for the provision of catering services and function management at The Capital – Bendigo’s Performing Arts Centre and the Bendigo Town Hall for a term of two years with an option for another two years based on performance.

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COMMUNITY AND CULTURE

4.1 PROPOSED KANGAROO FLAT AQUATIC LEISURE CENTRE - COMMUNITY REFERENCE GROUP Document Information Author(s)

Stan Liacos – Director, City Futures Rachel Lee - Manager, Major Projects

Responsible Director

Stan Liacos, Director City Futures

Summary/Purpose The purpose of this report is to brief the new Council on the current status of the proposed Kangaroo Flat Aquatic Leisure Centre and to recommend the establishment of a broad-ranging Community Reference Group to assist the Project Team plan and design the facility, and assist Council advocate for and fund-raise to enable the delivery of this much-anticipated major facility over the next few years.

Policy Context Council Plan: 1.1

Plan and implement identified City projects

1.1.6 Continue planning, design and seeking funding for the proposed Aquatic Leisure Centre in Kangaroo Flat Report Background The development of a second indoor Aquatic Leisure Centre for Greater Bendigo, and specifically in the Kangaroo Flat area, has been under consideration for many years now.

Extensive background papers, strategy adoption and prior analysis on the project can be circulated separately to all new Councillors upon request.

At it’s meeting of 8 February 2012, Council resolved to continue planning and design work on the project and to commence attracting support and funding for the development of the Centre.

After a competitive tender process, at its meeting of 13 June 2012 Council resolved to appoint Peddle Thorpe Architects as project architects and design consortia leader in association with: • •

Bonnaci Group (Structural and Civil Engineers); Waterman AHW (Building Services); PAGE 78

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• • • • • • • • •

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Hydrautech (Pool Engineering); Slattery (Cost Planning); Florenciag Smith (Building Surveyor); FORMium Landscaping (Landscaping); Marshall Day (Acoustics); GTA (Traffic and Parking); Sustainable Built Environments (ESD); One Group (Accessibility); and SK Corp (Catering / Café design)

for the staged provision of design, engineering and allied services for the proposed Centre.

The design team are working to a specific brief agreed with Council that among other things incorporates the following essential elements: • • • • • • • • • • • • • • • • • •

Development of the Centre on the existing Kangaroo Flat Community Centre site on Browning Street; The adaptive re-use of the existing building if desirable and practical from both a design and financial perspective; 50 metre swimming pool; Learn to Swim Pool / Leisure Pool / Toddlers Pool; Adventure Splash Park (if possible); Children’s beach entry splash/play pool; Water Slides (if possible); Program Pool / Warm Water Exercise Pool / Spa; Wellness centre and allied professional suites; Gymnasium; Program Rooms; Crèche (if deemed necessary); Café; Wet and Dry Change rooms and group / multi-use change rooms; Reception and entry areas; Site development including landscape architecture and landscape interface with Browning Street Reserve and Gateway Park; and Car parking and bus access; and An indicative project budget of $28 million (2011 dollars)

Council will be presented various design options, as they currently exist, and indicative cost planning in the near future.

Community Reference Group It is considered desirable to establish a broad-ranging Community Reference Group to work with the Project Team in moving forward with project planning and design, community input and engagement, and helping Council with the all-important task of attracting support and funding from government, corporate and community sources over the next few years.

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Recently, the public call was put out inviting interest in joining the Reference Group.

After a series of interviews of those people that expressed interest, together with some pro-active “tapping on shoulders’ of pertinent stakeholder representatives and known contributors, a selection committee comprising: • • • •

Cr Barry Lyons Stan Liacos (Project Director) Rachel Lee (Manager, Major Projects) Lindy Phegan (Capital Projects Coordinator, Recreation)

recommends to Council the appointment of the following diverse and commitment individuals to form the Community Reference Group:

Person

Primary interest and/or key strength

Carl Barkmeyer Alan Besley Andrew Cameron Christine Brunner Jill Barker Tim Gentle Heather Odgers Heather Gartside Shelley Mulqueen Dave Richardson Ben Maw ……TBA…….

Geoff Bowyer Cheryl Axell Cr Barry Lyons Cr Rod Fyffe Cr Elise Chapman

Swimming Club sector (Regional President) Kangaroo Flat Community Enterprise Health Sector (Kangaroo Flat health practitioner) Community (General) Kangaroo Flat Rotary (General Community) Marketing and Graphic Design Principal, Kangaroo Flat Primary School Kangaroo Flat Lions Club Sports Focus Business and Bendigo Professional Services Group Chair Aged Care Sector Youth – (pending – currently asking Girton, CCB, BSSC etc,) Kangaroo Flat Community Enterprise and KF Sports Club Community (General) Councillor Councillor Councillor

As a collective, the group has the following attributes: • • • •

They all ‘believe” in the project and have a willingness to help see it delivered in a sound manner over the next few years; Commercial and/or community acumen; Have strong connections into the Kangaroo Flat and broader Greater Bendigo community; and Come from diverse professions and interest groups.

It is envisaged that the Community Reference Group would meet about three times a year or more frequently if necessary.

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Project Governance Sound planning, design and project delivery necessitates the engagement and careful management of specialist personnel and ensuring clear role clarity and a well-defined chain of command and accountability throughout project development. The management structure proposed for this major project is best summarised as follows: Council (9) CEO (1) Core Project Group (3-4) Project Director and the Managers of Major Projects and Recreation (and Project Manager once appointed)

Cross Organisation Reference Group (10)

Design Consortia • Architects • Engineers • Planners • Specialists

Community Reference Group (17)

Resource Implications This year’s budget incorporates sufficient funding ($100,000) to advance the planning and design of the project to the next important milestone of the project - being schematic designs, town planning permit submission and accurate cost planning.

Resourcing the Community Reference Group can be absorbed within existing operating budgets.

RECOMMENDATION That the Greater Bendigo City Council endorses the establishment of a Community Reference Group for the proposed Kangaroo Flat Aquatic Leisure Centre project as outlined in the body of the report.

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4.2 2013 THEATRE PERFORMANCE SUBSIDY PROGRAM Document Information Author

Responsible Director

Rohan Phillips, Arts Officer Deb Simpson, Acting Manager Development

Community

and

Cultural

Pauline Gordon, Director Community Wellbeing

Summary/Purpose For Council to consider applications received for the 2013 Theatre Performance Subsidy Program and endorse the Assessment Panel’s recommendations in relation to those applications.

Policy Context Council Plan Reference: 3.5. Recognise, support and celebrate cultural and ethnic diversity.

3.5.1. Support a diverse and vibrant arts, music and cultural program that challenges community thinking and encourages appreciation and participation.

Background Information The Theatre Performance Subsidy Program (Program) was adopted by Council in 2009, with its aim being to support emerging musicians and musical groups within Greater Bendigo. The Program was modelled on the well established Dudley House Community Hire Subsidy Program. Support for a five hour performance package in the Bendigo Bank Theatre (part of The Capital – Bendigo’s Performing Arts Centre) is offered through the Program. The performance package includes venue hire plus technical, front of house and ticketing support.

The following guidelines are applicable to the Program: • • • •

Proposals will seek to promote innovative performances from new and emerging musicians based within Greater Bendigo; Staff from The Capital and Community and Cultural Development Unit are responsible for assessing all applications received; In assessing applications, consideration is to be given to the quality of the proposals as well as promoting new and emerging work across a variety of music styles; A maximum of four community and/or individual proposals can be supported per annum.

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As the Program is targeted at new and emerging musicians, The Capital and Community and Cultural Development Units will also support the marketing of the performances.

Previous Council Decision(s) Date(s): The Program was adopted by Council in 2009 as part of The Capital’s Community Access Initiative.

Report The 2013 Program round was promoted through a variety of mediums including a media release, the Arts E-Bulletin (which is distributed via email to 600 subscribed households) and City of Greater Bendigo’s website.

Five applications were received for this Program round (up from three in the previous round).

Consistent with the Program guidelines, in making its recommendations the Assessment Panel considered the quality as well as the diversity of the proposals. The Assessment Panel has recommended that the following four applications be supported: • Norm Gray Jazztet “The American Songbook”: A 5 piece Jazz ensemble playing the popular standards that were written by the great song-craftsmen and wordsmiths of the "American Songbook" era.

• Brenda Kinsella “Viva la Diva”: This performance aims to bring the wonderful art form of opera to an audience in an intimate, informative, interactive and engaging manner.

• 37 Degrees South “37 Degrees South”: Contemporary classical vocal music from the 20th & 21st centuries - both a capella and with piano accompaniment.

• Bendigo Symphony Orchestra “Brandenburg in Bendigo 2013”: Workshops for musicians within the community on Baroque music, culminating in a performance of a Bach Brandenburg Concerto, along with other smaller works from the period.

As the Program guidelines stipulate that a maximum of four proposals can be supported per annum, one of the five applications received has not been recommended for support.

The Assessment Panel noted that both the applicant in question and the Bendigo Symphony Orchestra have previously received support through the Program, however the Bendigo Symphony Orchestra’s proposal was considered to offer stronger community benefits due to its workshop nature and the potential to engage many different musicians. The applicant in question will be encourage to consider future Program rounds.

Priority/Importance: The Program was developed to fill a gap in Bendigo’s performing arts environment, to provide an opportunity for local musicians to develop and present performances within The Capital complex.

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Timelines: Should Council endorse the recommendations contained within this report, the first performance of the 2013 Program series will occur on Friday 1 March, with the last on Friday 20 September.

Risk Analysis: The Program forms an integral component of City of Greater Bendigo’s support for new and emerging musicians with Greater Bendigo. There are otherwise very limited opportunities for such musicians to access and showcase their talents at venues situated within the coveted View Street Arts Precinct.

Consultation/Communication Internal Consultation: Consistent with the Program guidelines, applications were assessed by David Lloyd and Stephen Henderson from The Capital. Because of his personal association with the Bendigo Symphony Orchestra application, Rohan Phillips (Arts Officer – Community and Cultural Development Unit) introduced the applications but then absented himself from the Assessment Panel process.

External Consultation: The 2013 Program round was promoted through a variety of mediums including a media release, the Arts E-Bulletin (which is distributed via email to 600 subscribed households) and City of Greater Bendigo’s website.

Resource Implications The Theatre is managed by The Capital and the Program is administered by the Community and Cultural Development Unit. Three performances were supported through the 2012 Program series, with the cost to The Capital being $2,160 ($540 of which was for technical support).

The value of the 2013 Program series grant in terms of revenue forgone to support four performances would be approximately $3,000.

Budget Allocation in the Current Financial Year: Yes. Previous Council Support: Yes. External Funding Sources: Nil. Any known or anticipated variance to budget: Nil Projected costs for future financial years: $3,000.

Conclusion The Theatre Performance Subsidy Program was adopted by Council in 2009 as part of The Capital’s Community Access Initiative, with its aim being to support emerging musicians and musical groups within Greater Bendigo. Previous rounds of the Program

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have resulted in outstanding performances being presented that have attracted good audiences.

The applications recommended for support through the 2013 Program encompass a variety of music styles including solo, chamber and ensemble performances.

Attachments 1.

Theatre Performance Subsidy 2013 Information and Application form.

RECOMMENDATION That Council endorse that the following four applications be supported through the 2013 Theatre Performance Subsidy Program: • Norm Gray Jazztet “The American Songbook” • Brenda Kinsella “Viva la Diva” • 37 Degrees South “37 Degrees South” • Bendigo Symphony Orchestra “Brandenburg in Bendigo 2013”

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4.3 2013 DUDLEY HOUSE COMMUNITY HIRE SUBSIDY Document Information Author

Responsible Director

Rohan Phillips, Arts Officer Deb Simpson, Acting Manager Development

Community

and

Cultural

Pauline Gordon, Director Community Wellbeing

Summary/Purpose For Council to consider applications received for the 2013 Dudley House Community Hire Subsidy Program and endorse the Assessment Panel’s recommendations in relation to those applications.

Policy Context Council Plan Reference: 3.5. Recognise, support and celebrate cultural and ethnic diversity.

3.5.1. Support a diverse and vibrant arts, music and cultural program that challenges community thinking and encourages appreciation and participation.

Background Information The Dudley House Community Hire Subsidy Program (Program) was adopted by Council in 2002. The Program contributes to Council's aim of providing opportunities for artists living within the municipality to host local arts exhibitions and events in the View Street Arts Precinct. The primary focus of Dudley House is to provide an accessible and affordable space for local artistic expression.

Dudley House is owned and operated by the City of Greater Bendigo. It is administered through The Capital - Bendigo's Performing Arts Centre, with the support of the Bendigo Art Gallery and Community and Cultural Development Unit.

The Grants Program is administered by the Community and Cultural Development Unit.

The following guidelines are applicable to the Program: • Artists who reside or who primarily work within Greater Bendigo are eligible to apply; • Artists who have received support through the Program for a project to be presented in 2011 or 2012 are ineligible for this round; • Staff from The Capital, Bendigo Art Gallery and Community and Cultural Development Unit are responsible for assessing all applications received;

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• In assessing applications, consideration is to be given to the quality of the proposals as well as promoting new and emerging work across a variety of art forms; • A maximum of six community and/or individual projects can be supported per annum; • Support through the Program entitles the applicant to free use of the venue for up to thirteen days with a maximum of three hours of technical support; • Typically, projects that are supported through this Program are to be publicly accessible from 10am to 5pm on a Saturday, Sunday and at least three weekdays, with no admission fee to be charged.

Previous Council Decision(s) Date(s): The Program was adopted by Council in 2002.

Report The Program was promoted through a variety of mediums including a media release, the Arts E-Bulletin (which is distributed via email to 600 subscribed households) and City of Greater Bendigo's website.

Seven applications were received for the Program, with proposals including an array of artists and arts practice. Consistent with the Program guidelines, in making its recommendations the Assessment Panel considered the quality of the proposals as well as the diversity of art forms.

The Assessment Panel has recommended that the following six applications be supported: • “Here, there and within” by Bendarts. A group exhibition including 2D and 3D work in a diverse range of media and styles.

• “Two Points of View (Looking from Sandhurst)” by Geoff Sayer and Ray Pearce. Artworks in assorted media which examine the impact of life-long associations with the Bendigo region for both artists.

• “Greek Fantasia” by Claire McKellar, Helen Liddell and Pamela Vine. A celebration of three weeks of painting in the Greek Isles.

• “My Cancer Journey” coordinated by Christine Arnott. An opportunity for cancer survivors to express their experiences of living with cancer in a personal visual manner.

• “Women with Wings” by Glenys Gaston and Joan Halpin. A joint exhibition, to coincide with Seniors' Week 2013.

• “create20thirteen” by CreateAbility Events Network. 2D and 3D works produced in workshops run by the Saturday Morning Visual Arts Group.

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As the Program guidelines stipulate that a maximum of six projects can be supported per annum, one of the seven applications received could not be recommended for this reason. The Assessment Panel considered that the application titled “Up Close and Personal” did not demonstrate the same level of artistic rationale as the other six applications however the artist in question will be invited to encouraged to develop their project further and liaise with staff at The Capital regarding the possibility of exhibiting his proposed work in The Capital’s foyer. Unsuccessful artists are encouraged to consider re-applying in future years.

Priority/Importance: The Program is an important one in that it provides opportunities for local new and emerging artists to showcase their work within the coveted View Street Arts Precinct.

There are otherwise very limited opportunities for such artists to exhibit their work within the Bendigo Central Activity District. The Program has developed a strong following within the local arts community since it was first established in 2002.

Timelines: Should Council endorse the recommendations contained within this report, the first exhibition of the 2013 Program series will commence on 20 February and the last will close on 22 October.

Risk Analysis: The Program forms an integral component of Council’s support for new and emerging artists within Greater Bendigo. There are otherwise very limited opportunities for such artists to exhibit their work within the Bendigo Central Activity District.

Consultation/Communication Internal Consultation: Consistent with the Program guidelines, applications were assessed by a group of staff who have considerable knowledge and experience in the arts sector. The staff group consisted of David Lloyd and Stephen Henderson (The Capital), Leanne Fitzgibbon (Bendigo Art Gallery) and Rohan Phillips (Community and Cultural Development Unit) External Consultation: The Program was promoted through a variety of mediums including a media release, the Arts E-Bulletin (which is distributed via email to 600 subscribed households) and City of Greater Bendigo's website.

Resource Implications The value of this grant in terms of revenue forgone is estimated to be $8,250.

Additionally The Capital provide technical support for set ups.

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Budget Allocation in the Current Financial Year: Yes. Previous Council Support: Yes. External Funding Sources: Nil. Current Estimate or Tender Price: Not applicable.

Any known or anticipated variance to budget: Nil. Projected costs for future financial years: Approximately $8,250.

Conclusion The Dudley House Community Hire Subsidy Program was established by Council in 2002 and offers local new and emerging artists the opportunity to showcase their work within the coveted View Street Arts Precinct. The series of projects that were supported through the 2011 Program series attracted over 2,500 visitors combined. As the 2012 Program series is still in progress, the combined visitation data for this series is yet to be collated. It is known however that the first three projects in the 2012 Program series attracted more than 500 visitors on average.

The applications recommended for support through the 2013 Program encompass local new and emerging artists, and it is notable that several of the recommended applications convey strong arts for health and positive ageing messages.

Attachments 1.

Dudley House Community Hire Subsidy Program 2013 Application Form.

RECOMMENDATION That Council endorse that the following six projects be supported through the 2013 Dudley House Community Hire Subsidy Program: • “Here, there and within” by Bendarts.

• “Two Points of View (Looking from Sandhurst)” by Geoff Sayer and Ray Pearce.

• “Greek Fantasia” by Claire McKellar, Helen Liddell and Pamela Vine.

• “My Cancer Journey” coordinated by Christine Arnott.

• “Women with Wings” by Glenys Gaston and Joan Halpin.

• “create20thirteen” by CreateAbility Events Network.

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4.4 COMMUNITY ENGAGEMENT FRAMEWORK Document Information Author

Nick Byrne, Manager Strategy & Chris Waites, Communications Officer

Responsible Director

Prue Mansfield, Director Planning and Development and Peter Davies, Manager Executive Services

Summary/Purpose To outline the objectives and approach of the adopted Community Engagement Policy, and update Council on current activities to inform our Community.

Specifically the report details: -

the background and intent of the adopted Greater Bendigo Community Engagement Policy; recently updated changes to the to City of Greater Bendigo’s website – ‘Have Your Say’; and, analysis and costs associated with community engagement advertising,

Policy Context The Greater Bendigo Community Plan The stated aspiration to governance is that “Greater Bendigo will be at the forefront of inclusive and creative leadership in Australia” with the key achievement that Greater Bendigo will “have well informed and empowered citizens who contribute to the future development of the region.”

Council Plan Reference: Under the strategic objective of “Community and Culture”, the Council Plan includes the strategy to “effectively engage and communicate with diverse community members and value their wisdom” Background Information Adopted Policy In November 2010 the Council adopted the Community Engagement Policy which details Greater Bendigo’s commitment to effective and relevant community engagement.

The adoption of the policy was implemented through a series of internal training workshops held in June of 2011, ongoing development of staff and applying the policy when engagement is required.

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The policy outlines how Greater Bendigo defines community engagement.

Fundamentally it was agreed that engagement involves a range of interactions with community members allowing citizens to: • • •

be informed of Council activities; be involved with Council in improving the community; and have citizens providing input on local issues.

These interactions range from everyday informal discussions, contact with stakeholders during service delivery, group discussions or meetings, formal consultation processes through to Council supporting community members in taking action on issues themselves.

Engagement is not just about discussion and relationships, it leads to real outcomes such as better services, facilities, policy and infrastructure. Engagement can help these outcomes to be achieved with community members: • • • •

being more informed of Council direction and activities, able to have input into some decisions; better understanding Council decisions and priorities; and working more collaboratively with Council.

Communities are complex, have many differing issues and involve a wide range of varying views, values, knowledge and interest. Community Engagement needs to incorporate and respond to the diversity and dynamics of the community, facilitate constructive deliberation of issues, and manage potentially conflicting interests.

Engagement does not mean that every detail of Council operation is open to community comment or control. Nor does it mean that staff will be distracted from their delivery of services. There are many situations where engagement is not necessary. The strategic approach to community engagement clearly identifies these situations.

Community engagement is important as citizens expect greater transparency, accountability, and engagement. This is good business practice, improving strategic planning and service delivery. There is increasing expectation of citizens to be more directly involved in providing input to Council priorities.

• •

more informed of Council activities, and partnering with Council to address issues and at times judging Council's performance.

Citizens who are informed of Council operations and able to have input in a balanced and appropriate way can generate community support and collaboration. This also ensures that services meet the community needs and expectations. Informed and involved citizens may lead to reduced complaints and objections.

It is important to understand what successful Community Engagement is and why it is important. It is also important to work out what Community Engagement is not. It is not: • •

about gaining community input when a decision has already be made and citizens can have little or no influence; not a coercive process that obliges people to agree; but creates opportunities for different parties to explore common ground and hopefully reach agreement;

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• •

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not a single event or activity; but a dynamic relationship that events and activities contribute to, complete until citizens receive feedback, simply gathering input from people is only part of engagement.

The full Policy is attached.

Report The City of Greater Bendigo is committed to effective engagement with the Community.

In response to the request by Council a revised ‘Have your say’ webpage has been established that provides a live and ongoing calendar of events for engagement activities.

Figure 1. Link to “Have your say” Webpage

As outlined above, the method of engagement by the City of Greater Bendigo is diverse and responds to the relevant project, policy or community setting. The ‘Have your say’ page captures this diversity and will continue to update community about engagement activities (See Figure 2), including but not limited to: -

Calls for survey responses; Project listening posts; Project and Strategy development Workshops; Small Towns Meetings; Councillors Ward Meetings Other Statutory notifications

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Figure 2. “Have your say” webpage

The Community Engagement Policy Background Information outlines the range of engagement tools that the City of Greater Bendigo may undertake to either inform, consult, involve, collaborate or empower our Community in accordance with IAP2 principles and the Greater Bendigo Community Engagement Policy.

Advertising Public notices and advertising Each week, the City of Greater Bendigo places a range of advertising through public notices and display advertisements. These advertisements cover statutory and planning adverts and tenders as well as display advertisements that promote events, plans and strategies and programs, each ranging in size and cost.

Facebook and Twitter The web and social media engagement avenues, all community engagement activities are placed online.

Community Newsletters Community newsletters are a valuable and direct tool to engage the community. The newsletters do have restrictions as they are usually produced monthly: • • • • • •

Axedale Antics Bendigo IPTV Bridge Connection Campbells Forest EPA News Elmore Flat Matters Newsletter PAGE 93

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• • • • • • •

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Goornong Guide Heathcote Online Raywood Roundabout Woodvale Community Marong Community Newsletter Marong community Newsletter Huntly News

City of Greater Bendigo Advertiser Page The City currently runs a full page advertisement in the Bendigo Advertiser each fortnight.

The aim of this page is to promote City services, programs and activities that may not have received a run in the newspaper, provide additional support to a project, activity or event and advise of community engagement opportunities.

This page could also house a regular section for community engagement activities with the set-up of a section in the page up for this purpose.

Further development The Communications and Media team have also examined some options for all community engagement advertisements to be advertised collectively. A concept is outlined below:

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Measure of Success There is no consistent process for evaluating the measure of success. A process will be developed so that we can understand how people hear about community engagement opportunities.

Community Satisfaction Survey The recent latest Community Satisfaction Survey asked: If Council was going to get in touch with you to inform you about council news and information and upcoming events, which one is the BEST way to communicate with you?

Respondents indicated that their preferred method of communication were, in order of preference: 1. A Council newsletter sent via mail; 2. Advertising in a local newspaper; 3. A council newsletter as an insert in a local newspaper; 4. A Council newsletter sent via email; 5. The City website.

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Resource Implications Effective community engagement is not easy, not quick and not cheap. It is the cornerstone of many City of Greater Bendigo projects. The ongoing commitment outlined in the Greater Bendigo Community Engagement Policy necessitates, at varying scales, costs in terms of labour, resources, venues and at times facilitation and project costs that include the internal resourcing of the Communication Team. To achieve significantly greater levels of community engagement will either require longer project timelines (using existing resources) or additional resources (to maintain current timelines).

Attachments Community Engagement Policy Background information for the Community Engagement Framework

RECOMMENDATION That the Greater Bendigo City Council resolve to: 1.

Continue to implement the adopted Greater Bendigo Community Engagement Policy.

2.

Undertake further promotion of engagement opportunities through the new community engagement page set up on the website.

3.

Base the size, frequency and location of consolidated advertising on community engagement plans and relevant activity budgets.

4.

Develop an evidence based method to evaluate the effectiveness of community engagement.

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5.

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OUR PEOPLE, OUR PROCESSES

5.1 ACCOUNTS PAYABLE AND CONTRACTS AWARDED UNDER DELEGATION Document Information Author

Bradley Thomas, Senior Accountant

Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose The purpose of this report is to provide information on accounts payable issued under delegation and contracts awarded under delegation.

Policy Context Provide high quality professional services by undertaking responsible business planning to ensure long-term sustainability.

Report Cheque Nos.

155495

to

155623

$232,445.37

Electronic Funds Transfer

090128

to

090770

$6,439,821.87

The pre-payments as listed above totalling $232,445.37 and Electronic Funds Transfer $6,439,821.87 are submitted for the information of Council.

Contracts Awarded under Delegation No contracts awarded under delegation.

Attachments 1.

A listing of the cheques and electronic funds transfer are included in the attachments to the Business Paper.

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RECOMMENDATION That the Delegated Authority for Accounts Payable, as outlined in this report, be endorsed by Council.

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5.2 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 An amendment to the Local Government Act 1989, which came into effect on September 24, 2010, requires the record of any assembly of Councillors to be reported to the next practicable Council Meeting and recorded in the Minutes.

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.

Report Outlined below are the details of assemblies of Councillors held since the last meeting.

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

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Meeting Information Bendigo Easter Festival Advisory Board Meeting 8 October 2012 1. Bendigo Easter Festival Advisory Board Instrument of Appointment and Terms of Reference 2. Three-year Festival Strategic Plan 3. Merchandise 4. Vendor fees 5. Youth Business Plan (Festival Strategic Planning) Attendees/Apologies Cr Rod Fyffe Terry Karamaloudis Lyn Brown Raph Beh Fiona Chibber Rory Somerville Paul Rohan Gary Frank Gail Hardy Phil Redmond Apologies: David Wright Ken Deveraux

Conflict of Interest disclosures Matter Councillor/representative making Councillor/representative No. disclosure left meeting Nil

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Meeting Name/Type Meeting Date Matters discussed

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Meeting Information Councillors' Forum

7 November 2012 1. Presentation on key data on Greater Bendigo Census 2. Considering Town Planning Applications 3. Agenda Review 4. Calcine sands 5. Elmore-Raywood Road 6. Dewatering of the Central Deborah Mine 7. Definition of General Business 8. Agreement with Bendigo Senior Secondary College for the use of the proposed Community Theatre 9. Superannuation liability 10. Eaglehawk Library 11. Seagulls at Lake Neangar 12. Bendigo Manufacturer's Group 13. Easter Festival Committee 14. Town Hall caterer 15. Bendigo SWAP Meet 16. Villawood developers 17. Women Showing the Way 18. Independent Review 19. Banksia Group 20. Council and community committees Attendees/Apologies Councillors Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Staff/ Craig Niemann Community Darren Fuzzard Representatives Pauline Gordon Stan Liacos Marg Allan Prue Mansfield Peter Davies Alison Campbell Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. 3 Cr Ruffell (planning matter - Little Breen Street Yes and discussion on Hargreaves Mall Playspace))

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

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Meeting Information Planning Ahead Transition Forum 12 November 2012 1. Setting up the City for the future 2. The Bendigo Story to date - the long term 3. Councillors' priorities for the next four years 4. Council Planning Hierarchy 5. Your Council Plan 6. 10-year financial plan and long-term budget 7. Reflections from the last Council Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Craig Niemann Prue Mansfield Pauline Gordon Darren Fuzzard Stan Liacos Nick Byrne Lyn Talbot Peter Davies Alison Campbell

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Nil

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

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Meeting Information Working Together Workshop 16 November 2012 1. Working relationships

Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Craig Niemann Prue Mansfield Pauline Gordon Darren Fuzzard Stan Liacos Peter Davies Alison Campbell Facilitators: Malcolm Lazenby and Gayle Hardie

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Nil

RECOMMENDATION That Council endorse the record of assemblies of Councillors as outlined in this report.

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5.3 COUNCILLOR SUPPORT AND REIMBURSEMENT OF EXPENSES POLICY Document Information Author

Peter Davies, Manager Executive Services

Responsible Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is for Council to adopt the Councillor Support and Reimbursement of Expenses Policy.

Policy Context Demonstrate good governance.

Background Information Following the induction of the Council for the 2012/2016, it is timely to review the current Councillor Support and Reimbursement of Expenses Policy that was adopted by the previous Council in 2009.

Previous Council Decision(s) Date(s): 21 January, 2009 Report The Recognition and Support Package for Councillors is outlined in the Victorian Government's Policy Statement on Local Government Mayoral and Councillor Allowances and Resources (April 2008), and provides the framework for support of Councillors.

The City of Greater Bendigo has had a Councillor Support Policy since the election of the last Council in 2008. The policy has been available for public inspection.

The policy has been updated to incorporate changes in legislation, new communication opportunities and a section on 'Access and Inclusion' and some exclusions to the policy.

Outlined below is the policy recommended for adoption. The Local Government Act now requires a reimbursement of expenses policy to be adopted and be available for public inspection, this aspect is incorporated into the overall policy. This policy is more comprehensive than is required by the Local Government Act and it provides the community with a clear understanding of the support necessary for Councillors of a major regional city.

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DRAFT COUNCILLORS Approval Date: SUPPORT AND Review Date: (Generally 4 years) REIMBURSEMENT OF EXPENSES POLICY Author:

Peter Davies, Manager Executive Services

Responsible Officer:

Craig Niemann, Chief Executive Officer

1.

INTRODUCTION

1.1

Council elections are held every four years. Significant demands and expectations are placed on Councillors in fulfilling their civic and statutory duties. These demands include attendance at numerous Council and Committee meetings, representing the Council on many other organisations and communicating with residents, business, community groups and others on a whole range of issues.

1.2

The Local Government Act requires the development of a policy to deal with reimbursement of Councillors' expenses and the policy must be available for public inspection.

1.3

Given the costs associated with the demands and expectations placed on Councillors, the City of Greater Bendigo has developed this Policy.

1.4

This policy provides a broad overview of how the City of Greater Bendigo provides assistance and support to the Mayor and Councillors in carrying out their role and official duties as Councillors. This assistance and support is additional to the Mayoral and Councillor annual allowances set by State Government.

1.5

Support is provided in the form of Mayoral vehicle, registration fees for conferences and functions, communications equipment, meeting room/office, travel and child care expense reimbursement, meeting facilities and training.

1.6

In the event of a Councillor not serving their full term, all Council property must be returned to the City of Greater Bendigo offices and Councillors are not able to acquire these items upon their departure.

1.7

Reimbursement of bona fide Councillor out-of-pocket expenses according to Section 75 of the Local Government Act is covered by this policy.

2.

INFORMATION TECHNOLOGY

2.1

General - The City of Greater Bendigo will provide information technology including software, equipment, support and training that is efficient and effective for the organisation and Councillors. As far as practicable a consistent approach will be taken for all Councillors to facilitate support and learning but there will flexibility to date for individual needs.

2.2

Home Internet Connection – With the agreement for the Councillor and where it is most effective for the City of Greater Bendigo a shared home internet connection will be used with City of Greater Bendigo paying 50% of the internet charge.

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2.3

Personal Use – Acceptable amount of personal use is permitted as long as it does not affect the primary use of the equipment.

2.4

Annual Update - The Information Management Unit (IMU) will audit and update the software at least annually. Councillors will be required to bring the equipment into the IMU for this maintenance.

2.5 Return of Equipment - All Equipment is to be returned to the Information Systems Unit on the conclusion of the Councillors 4 year term, or in the event the Councillor resigns the position earlier.

2.6 Faulty Equipment - Faulty Equipment or issues is to be reported to the Information Technology Unit at the earliest possible convenience.

2.7 Loss of Equipment - In the event that equipment is lost, stolen or misplaced the Information Technology Unit is to be informed as soon as possible to put in place all measures.

3.

OFFICE/MEETING ROOM FACILITIES

3.1

Councillors are provided with office/meeting room (known as the Councillors’ Room) facilities that may be used at any time. Councillors meeting with external parties should advise the Councillor Support Officer to ensure the meeting room is not being used by other Councillors. The Councillors’ Room includes a computer connected to City of Greater Bendigo's computer system.

3.2

In addition to the Councillors’ Room, the Mayor is provided with a separate office. The Mayor’s office includes a telephone and a computer connected to Council’s computer system.

3.3 The Councillors and the Mayor are to use City of Greater Bendigo copier/printer on the top floor of the Lyttleton Terrace Office.

located

4.

TRAINING AND DEVELOPMENT

4.1

City of Greater Bendigo will meet the cost of participation in training and development courses, seminars and activities in a variety of area of professional and personal development within the limits of the budget approved by Council. These programs are generally offered by professional bodies, private organisations and educational institutions in Victoria.

4.2

The City of Greater Bendigo will pay professional membership fees for Councillors where there is a direct benefit to the Councillor performing their responsibilities and to the organisation, for example, membership of the Australian Local Government Women's Association

5.

CITY OF GREATER BENDIGO VEHICLES

5.1

Mayoral Vehicle - the City of Greater Bendigo will provide the Mayor a vehicle for his/her exclusive use during their term. The provision of the vehicle is subject to the following terns and conditions.

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(a) That the Mayor will be responsible for maintaining the vehicle in a reasonable state of cleanliness and keeping the vehicle off-street at his/her place of residence. The City of Greater Bendigo will organise regular fortnightly cleaning of the Mayoral vehicle. (b) All fuel for both private and official Council use will be paid for by City of Greater Bendigo.

5.2

Compound Vehicle - if a Councillor is attending a conference or meeting outside the municipality the CoGB would prefer and encourage a Councillor to use a CoGB compound vehicle; the booking of the vehicle can be arranged through the Councillor Support Officer.

Alternatively, bookings/tickets can be arranged for the use of public transport, where appropriate, and can be arranged through the Councillor Support Officer.

6.

CONFERENCES AND FUNCTIONS

6.1

Conferences - The City of Greater Bendigo will cover registration fees associated with attendance by Councillors at conferences, seminars and functions held locally, interstate and overseas within the limits of the budget approved by Council. These are normally held by local government related organisations, professional bodies and institutions and private sector providers on issues and events which impact on the role of Councillors and the City in general. The cost of partners attending conferences, will not be met by the City of Greater Bendigo.

6.2

Events - The City of Greater Bendigo will meet the cost of Councillor(s) attending external events to which they have been invited. If a partner has been invited, the City of Greater Bendigo will meet the cost of the partner, where it is necessary for Council to be represented at the function.

6.3

Charity Events - The City of Greater Bendigo will meet the cost of the Mayor or his/her representative to attend a charity fundraising event, if other Councillors wish to attend to support the charity, they will be required to make their own contribution to attend.

6.4

Political Functions - Where Councillors attend a political party fundraising event for which payment is required, the cost is to be borne by the individual Councillors.

Council does not wish to financially support any political party.

6.5

Council representation at events and functions - In circumstances where the Mayor has been invited to an event or function in a particular Ward, and is unable to attend, a Ward Councillor will be given the first option to represent the Mayor.

7.

TRAVEL EXPENSES

7.1

Within the State of Victoria The City of Greater Bendigo will meet transport costs incurred in attending meeting, functions and other commitments within and outside the municipality. This includes reimbursement for use of private vehicle while conducting Council business, car parking fees and the provision of car parking permits. This category also comprises costs associated with accommodation and incidentals incurred when traveling on Council business in metropolitan Melbourne and Regional Victoria. Reimbursement of private vehicle use will be on the basis of the Council standard rates per kilometre and log book entries with accompanying signature clearly indicating the destination and purpose of the trip.

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Councillors are requested to submit vehicle log books on a monthly basis and payment will be made within two (2) weeks.

7.2

Interstate The City of Greater Bendigo will cover costs associated with Councillors travelling interstate on Council business as approved by the Council (with the exception of the Mayor who does not require approval of the Council) within the limits of the budget approved by Council. This comprises airfares, accommodation costs, car hire, taxis and meals.

7.3

Overseas The City of Greater Bendigo will cover costs associated with Councillors travelling overseas on Council business as approved by the Council within the limits of the budget approved by Council. This comprises airfares, accommodation, visas, passport costs, car hire, taxis and meals.

8.

CHILD CARE

8.1

The City of Greater Bendigo will meet costs associated with child care incurred by Councillors while undertaking duties as Councillors. Reimbursement will be on the basis of tax invoices and receipts submitted or in the case of informal arrangements a statement of hours, cost, dates, times and purpose for which the childcare was provided.

9.

COUNCILLORS' WELFARE

9.1

Councillors may approach the Chief Executive Officer with regard to any specific guidance, counselling or coaching that may be required to enhance their performance as a Councillor.

9.2

Councillors encountering difficulties with the role or personal difficulties that may impact on their role as a Councillor, are able to seek counselling on a confidential basis through Access (Centacare) Counselling Services. The service can be contacted on a 24-hour, 7day per week basis on 1300 66 77 00. Normally, up to three sessions are provided, however, further sessions can be arranged on a 'needs' basis.

10. REIMBURSEMENT OF EXPENSES 10.1 It is anticipated that there will be occasionally small expenses such as taxi fares, parking fees, meals, public transport fares paid directly by Councillors when travelling for training, conferences or other events.

10.2 If a Councillor expects to incur an out-of-pocket expense of more than $100, the Councillor should endeavour to contact the Manager Executive Services or CEO to check whether an out-of-pocket expense is appropriate or whether another method of payment would be more suitable.

10.3 The City of Greater Bendigo will reimburse a Councillors for expenses if the Councillor(a) applies in writing for reimbursement of expenses; and (b) establishes in the application that the expenses were reasonable bona fide Councillors out-of-pocket expenses incurred while performing duties as a Councillor.

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10.4 Tax Invoices and Receipts Reimbursement of out of pocket expenses is on the basis of tax invoices and receipts and details of the date and purpose of the event/function associated with the expenditure.

10.5 Councillors submitting claims for reimbursement of expenses must do so utilising Councillor Reimbursement Request form. Appendix A.

11. REPORTING COUNCILLORS' EXPENSES 11.1 Claims for communications, travel, out of pocket expenses and child care are to be submitted to the Manager Executive Services for approval.

11.2 Costs associated with interstate and overseas travel are recorded and are available for public inspection in accordance with Local Government Act. 11.3 The City of Greater Bendigo provides details of Councillor expenses in the following categories on a three monthly basis to the Councillors Forum.

Schedule of Councillors Expenses for the Period 1 July to 30 September Category 1. Communications 2. Conferences and Functions 3. Training and Development 4. Travel - Local 5. Travel - Interstate 6. Travel - Overseas 7. Child Care

Cr 1

Cr 2

Cr 3

Cr 4

Cr 5

Cr 6

Cr 7

Cr 8

Cr 9

Total

Total Expenses

12. ACCESS AND INCLUSION 12.1 The City of Greater Bendigo will commit to provide support to an individual with a disability in their term as Councillor. Support provided will be on the basis of documentation provided by a medical practitioner, with workplace modifications being assessed as fair and reasonable by a qualified Allied Health Professional such as an Occupational Therapist.

12.2 Support will be arranged by staff on the basis of the recommendations of health professionals.

13. EXCLUSIONS This policy does not include catering, replacement and additional minor equipment or nonattendance at an event where funds are non-refundable. Provision of lighting, heating and provision of furniture at the Council office is also excluded from this policy.

Consultation/Communication The draft policy was discussed with Councillors as part of the transition process.

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Resource Implications The budget for Councillor reimbursements is $25,000. Preparing a budget for Councillors' expenses in an election year is difficult, as there are a range of issues that can affect Councillors' expenses, including: time available to Councillors for Council duties, where Councillors' live, number of additional committees etc.

A further factor that is likely to impact on expenses, is the way in which the multi-member Ward arrangements are managed by Councillors.

There will also be costs associated with the new 'Access and Inclusion' provision, but some funding opportunities are being explored.

A forecast to the end of the financial year will be available by March 2013.

Attachments Nil

RECOMMENDATION That Council adopt the Councillors' Support and Reimbursement of Expenses Policy.

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5.4 COUNCIL AND COMMUNITY COMMITTEES FOR 2012/2013 Document Information Author

Peter Davies, Manager Executive Services

Responsible Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to appoint Councillors and staff members to various Council and community committees for the 2012/2013 Mayoral Term.

Policy Context Use meaningful and effective communication and engagement with all sectors of the community as an input to decision-making.

Report The committees outlined below are largely advisory or management committees established by Council, and independent boards, companies and incorporated associations to which a Councillor is appointed. Staff are involved with some of these committees.

Audit Committee Crs Rod Campbell and Barry Lyons Albert Roy Reserve Precinct Cr Peter Cox Australian Industry Group Cr Rod Fyffe Bendigo Airport Advisory Committee Crs James Williams and Mark Weragoda Bendigo Art Gallery Board Crs Rod Fyffe and Mark Weragoda Bendigo Inventor Awards Committee Crs Peter Cox and Barry Lyons

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Bendigo Exhibition Centre Advisory Committee Cr Rod Campbell Bendigo Golden Dragon Museum Inc Cr Rod Fyffe Bendigo Liquor Accord Cr James Williams Bendigo Manufacturing Group Cr Barry Lyons Bendigo Maubisse Friendship Committee Cr Peter Cox Bendigo Regional Archive Centre Cr Rod Fyffe Bendigo Tourism Board Cr Elise Chapman Bendigo Trust Cr Elise Chapman Bendigo Stadium Limited Cr Barry Lyons Bendigo Volunteer Resource Centre Board Cr Rod Campbell Business and Community Network 3556 Cr Peter Cox Calder Highway Improvement Committee Cr James Williams Calder Regional Waste Management Group Cr Barry Lyons Campaspe Run Board Cr James Williams Central Victorian Greenhouse Alliance Cr Rod Fyffe Costerfield Environmental Review Committee Cr Helen Leach

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Crocodile Gold Fosterville Gold Mine Environmental Review Committee Crs Rod Campbell (Chair) and James Williams Discovery, Science and Technology Centre Cr Mark Weragoda Eaglehawk Mechanics Institute Committee Cr Peter Cox Empowering Eaglehawk Cr Peter Cox Environmental Taskforce Crs Peter Cox, Rod Fyffe and Helen Leach Farming Consultative Committee Crs James Williams and Elise Chapman Finance Committee Crs Mark Weragoda, Rod Fyffe, Peter Cox, Barry Lyons, James Williams and Ruffell (and other Councillors who wish to attend) Greater Bendigo Rural Support Network Crs James Williams and Helen Leach Kangaroo Flat Aquatic Leisure Centre Community Reference Group Crs Elise Chapman, Rod Fyffe and Barry Lyons Kangaroo Flat Art Inc. Committee Cr Elise Chapman La Trobe Regional Advisory Board Cr James Williams La Trobe University Bendigo Athletics Complex Committee Cr Elise Chapman Loddon Bendigo Rural Women's Network Cr Helen Leach Loddon Campaspe Councils Mayor-of-the-Day Maiden Gully Structure Plan Crs Elise Chapman, Barry Lyons and Rod Fyffe Municipal Association of Victoria (confirmed only one representative) Cr Rod Fyffe, Cr James Williams (alternative)

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Municipal Emergency Management Planning Committee Cr Rod Campbell Municipal Fire Management Planning Committee Cr Rod Campbell Natural Environment Advisory Committee Cr Rod Fyffe North Central Goldfields Library Corporation Cr Rod Fyffe Regional Cities Victoria Mayor-of-the-Day Unity Mining Community Advisory Board Cr Lisa Ruffell Unity Mining Environmental Review Committee Cr Peter Cox Waste Resource Advisory Committee Crs Elise Chapman and Peter Cox Workspace Australia Limited Cr Barry Lyons The following three committees have previously only had one Councillor.

Bendigo Easter Festival Advisory Board Crs Rod Fyffe and Helen Leach Heritage Advisory Committee Crs Peter Cox and Mark Weragoda Sister Cities Committee Crs James Williams and Helen Leach

RECOMMENDATION That Council make appointments to committees as outlined in this report and amend the Charter for the Heritage Advisory Committee, Sister Cities Committee and Bendigo Easter Festival Advisory Board, to allow for two Councillor representatives.

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5.5 PROPOSED COUNCIL MEETING DATES FOR 2013 Document Information Author

Peter Davies, Manager Executive Services

Responsible Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to set Council Meeting dates for 2013.

Policy Context Demonstrate strong corporate governance.

Report There have been a number of internal and external enquiries about meeting dates for 2013. Last year, a small calendar was published with meeting dates that could be provided to residents. It would be useful if Council could set the formal meeting dates to allow more certainty for planning ahead. These meetings can be changed if necessary.

It is proposed that the following Ordinary Council Meeting and Special Meeting dates for 2013 be adopted. The dates are generally based on a three-week cycle with opportunities for community presentations and strategic planning in the two preceding weeks. The Ordinary Meetings will be held on a Wednesday in the First Floor Reception Room, Bendigo Town Hall, commencing at 6:00pm.

2013 January 23 February 13 March 6 March 27 April 17 May 8 May 29 June 19 July 10 July 31 August 21 September 11 October 2 October 23

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November 4 (Monday) Special Meeting of Council to Elect the Mayor for 2013/2014; and consideration of Council and Community Committees November 13 December 4 December 18

Resource Implications Statutory advertising of the meeting dates is accommodated within the budget.

RECOMMENDATION That the Ordinary Meeting of Council dates for 2013 (and the Special Meeting for the Election of the Mayor for 2013/2014 and Consideration of Council and Community Committees), as outlined in this report be confirmed and advertised.

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6.

URGENT BUSINESS

Nil. 7.

NOTICES OF MOTION

Nil. 8.

COUNCILLORS' REPORTS

9.

MAYOR'S REPORT

10. CHIEF EXECUTIVE OFFICER'S REPORT 11. CONFIDENTIAL (SECTION 89) REPORTS 11.1 Contractual Matter RECOMMENDATION That the meeting be closed to the public to consider reports in accordance with Section 89(2)(d) of the Local Government Act 1989, as amended, relating to a contractual matter.

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Ordinary Meeting - 05 December 2012

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