Council Agenda 13 February 2013

AGENDA Ordinary

Meeting

Council 6:00pm Wednesday 13 February, 2013

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

NEXT MEETING: Wednesday 6 March, 2013 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au

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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 13 FEBRUARY 2013

ORDER OF BUSINESS:

Contents 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

7

2.

BUILT AND NATURAL ENVIRONMENT

8

2.1 Development of a Three Storey Office Building with Ground Floor Retail and Basement Car Park, Alteration of Verandah and a Reduction in Car Parking 98-104 Williamson Street, Bendigo 8 2.2 Subdivision of Land into 23 Lots and the Removal of Native Vegetation 12 Robert Street, Kangaroo Flat 34 2.3 5 Lot Subdivision and Construction of 3 Dwellings (Staged) - 14-16 Somerville Street, Flora Hill 52 2.4 Use of Land for Restricted Recreation Facility (Gym and Fitness Centre) - 255 High Street, Heathcote 65 2.5 Subdivide Land into 3 Lots and the Construction of 2 Dwellings - 61 Simpsons Road, Eaglehawk 73 2.6

Subdivision of Land into 2 Lots - 9 Forest Drive, Ascot

88

2.7

3 Lot Subdivision - 61 Booth Street, Golden Square

99

3.1 Independent Review Committee - Appointment of Chair and Community Members 111 3.2

Community Engagement Plan for the Independent Review Committee

112

4.

ECONOMIC DEVELOPMENT

118

5.

COMMUNITY AND CULTURE

119

5.1 Council Plan 2009 - 2013 (Revised 2012) Quarterly Report on Progress (December 2012/January 2013) 119

5.2

Junortoun Community Plan

124

5.3

Response to Golden Square Swimming Pool Petition

127

6.

OUR PEOPLE, OUR PROCESSES

143

6.1

Delegation to the Chief Executive Officer

143

6.2

Local Authorities Superannuation Liability Update

148

6.3

Setting the Budget Principles for 2013/14

155

6.4 Finance Report as at 31 December 2012 and Mid Year Budget Review 2012-2013 158 6.5

Record of Assemblies

172

7.

URGENT BUSINESS

175

8.

NOTICES OF MOTION

176

8.1

Notice of Motion: Calder Alternative Highway, Marong

176

9.

COUNCILLORS' REPORTS

177

10.

MAYOR'S REPORT

177

11.

CHIEF EXECUTIVE OFFICER'S REPORT

177

12.

CONFIDENTIAL (SECTION 89) REPORTS

177

____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 13 February 2013

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 - 13 February 2013

Acceptance of Questions Each person asking a question of Council is required to stand, state their name, and address the Mayor. Public Question Time is not an opportunity for making of statements or other comments. Council’s Meeting Procedure Local Law does not allow for other questions or comments during the remainder of the meeting.

1.

An individual may only ask one question per meeting, a follow-up question may be permitted at the discretion of the Mayor.

2.

In the event that the same or similar question is raised by more than one person, an answer may be given as a combined response.

3.

In the event that time does not permit all questions registered to be answered, questions will be answered in writing or referred to the next meeting if appropriate.

4.

The Mayor and or CEO have the right to decline registration on basis of: • Prosecution, summonses or any other litigation; • Most appropriately addressed by other means; • Vague, irrelevant, insulting or improper, defamatory; • Answer likely to compromise his / her position; • Confidential, commercial-in-confidence.

5.

Each individual whose registration form has been accepted or declined will be advised by the Friday of the week prior to the scheduled meeting.

6.

In the event of a registration form being declined the registration form will be circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS That Standing Orders be resumed.

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DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) (b) (c) (d) (e) (f) (g) (h)

direct financial interest indirect interest by close association indirect interest that is an indirect financial interest indirect interest because of conflicting duties indirect interest because of receipt of an applicable gift indirect interest as a consequence of becoming an interested party indirect interest as a result of impact on residential amenity conflicting personal interest

A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken.

Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.

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CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday 23 January, 2013.

The following items were considered at the Ordinary Council meeting held on Wednesday 23 January, 2013 at 6:00pm.

• • • • • • • • • • • • •

Petition: 'Save Our Long Gully Pool' Planning Scheme Amendment C192 - Rezoning of Land at Part of 184 Jobs Gully Road from Residential 1 Zone to Business 1 Zone for the Purpose of a Retail Hub Consideration of Authorisation Request Planning Scheme Amendment C191 - Change to Standard Industrial 1 Zone, Wellsford Estate - Consideration of Authorisation Request Subdivision of Land into 6 Lots - 12 Knape Street, Long Gully Subdivide Land into 3 Lots, Construction of 3 Dwellings and Removal of Vegetation 13 Mandurang Road, Spring Gully Construction of a Carport - 11 Shamrock Street, Golden Square Independent Review A Thought for Food - Greater Bendigo Food Security Research Paper Bendigo Wellbeing Survey - Report Contracts Awarded Under Delegation Record of Assemblies Amendment to Revenue and Debt Collection Policy Section 89 - Confidential Attachment (associated with the Independent Review)

The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting.

RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 23 January, 2013, as circulated, be taken as read and confirmed.

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1.

PETITIONS AND JOINT LETTERS

Nil.

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Built and Natural Environment - Reports

2.

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BUILT AND NATURAL ENVIRONMENT

2.1 DEVELOPMENT OF A THREE STOREY OFFICE BUILDING WITH GROUND FLOOR RETAIL AND BASEMENT CARPARK, ALTERATION OF VERANDAH AND A REDUCTION IN CAR PARKING - 98-104 WILLIAMSON STREET, BENDIGO Document Information Author

Peter O'Brien, Senior Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose The application is for development of a four level, three storey commerical building and a reduction in car parking at 98-104 Williamson Street, Bendigo. It also involves the alteration of a small portion of a lean-to verandah attached to the Saddleworld building at 2 Bushs Lane. The application was extensively advertised and no third party objections were received. Despite the absence of third party objection, the matter is being reported to Council as the permit application relates to a significant CBD development on an undeveloped landmark corner site. The application also involves the removal of a significant City asset (being a street tree) in the road reserve and the application of the requirement of the new Parking Overlay.

This report recommends that Greater Bendigo City Council resolve to issue a Planning Permit on the basis that: •

The proposal complies with the Planning Scheme including the purposes of the Business 1 Zone, Heritage Overlay, Design and Development Overlay and is a high quality urban design outcome for this site and the CBD more broadly;

•

The proposal implements the State and Local Policy Framework (including the City’s Bendigo Central Business District Plan: New Visions, New Opportunities, 2005);

•

Whilst a parking reduction is sought, the proposal provides for an appropriate level of vehicle and bicycle spaces, a Green Travel Plan has been prepared and the development is accessible by walking and public transport;

•

The car park and access arrangement is appropriate and will not unreasonably impinge on pedestrians and road users, however to facilitate this orderly parking/access a significant street tree must be removed; and

•

With the exception of the City’s Parks Unit who initially objected to the removal of the street tree, Internal and external referral agencies are supportive of the proposal.

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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 Council, at its 19 March 2008 meeting unanimously refused an application on this site for the Construction of Warehouse (Display Showroom), Shop, Store Room and Reduction in Car Parking Requirements on the basis of it representing a poor urban design outcome; being contrary to the City’s CBD Plan; the level of parking waiver proposed and potential site contamination as a result of the former use. The permit applicant did not appeal the Council’s refusal of this application.

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

DC/480/2012 26 June 2012 Trustees Backhaus Estate 98-104 Williamson Street, BENDIGO Business 1 Zone Heritage Overlays 9 and 301 Design and Development Overlay 5 Parking Overlay 1.

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Subject Site and Surrounds

Figure 1: Location map showing subject site.

The site is located on a prominent corner within the designated Bendigo Central Business District on the corner of Williamson and Mollison Streets. The site is vacant and has a natural downward slope along Williamson Street, from Mollison Street.

The subject site comprises of two generally rectangular allotments. The first formerly contained a petrol station and motor vehicle workshop and is 1,015 square metres. The second lot is vacant and has been informally used for private off street parking for some years and has an area of 968 square metres.

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Figure 2: Aerial photograph flown in 2001 showing extent of development on site at that time.

The central location of the site means that it is within close proximity of a number of key services and destinations within the CBD such as the railway station, Bendigo Marketplace and other commercial uses.

Proposal Use: The proposal is to construct a four level, three storey, mixed-use development on the site and the breakdown of each level in terms of area and proposed use is as follows:

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Figure 3: Floor areas for each building level (Source – Centrum Town Planning Report).

Development: At the basement level, the building will be constructed to all boundaries (zero setback), with the exception of the south east boundary. 40 car spaces, 25 bicycle and 6 motorcycle parking bays are proposed in the basement, 5 further spaces are provided at the ground floor level meaning a total of 45 car spaces are provided. At the ground floor level the building will be constructed to both the Williamson Street and Mollison Street frontages of the site and will be set back from the rear boundaries. A simple post supported verandah is proposed for the majority of both street frontages, with the proposed tenancies being retail/hospitality uses The first and second levels propose similar setbacks to the ground floor; however a splay will be incorporated into the building at the north western boundary (adjoining Bush’s Produce) to soften the interface with this single storey building. These levels are proposed for office uses and have balcony areas for staff that also assist in articulating the building.

Vehicle access to the development will be provided at two points, one towards the north western boundary (adjoining Bush’s Produce) as the entrance to the basement car park.

The entrance has been designed with a surrounding shroud that is proportionally very similar to Bush’s façade. The access in this location will require the removal of a mature plane tree, for which planning approval to remove the tree is not required. From aerial photography, it is established that the tree was planted sometime between 1996 and 2001 The second vehicle access point is to be via a mid-title crossover to Mollison Street.

This crossover will access 5 car spaces and also be available for delivery vehicle loading and unloading. To assist delivery vehicles exiting the site in a forward direction a vehicle turntable is proposed.

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A major design feature of the proposed development is the pedestrian interaction with the building. Two pedestrian entrances are proposed with the main entrance from Williamson Street being 7 metres wide and flowing through to the rear of the site where view lines to red brick heritage buildings beyond will remain possible whilst also providing an opportunity for the building to directly link with other laneways through the block. The second entrance is adjoining the Saddle World building at 2 Bush's Lane with the majority of the lean-to verandah attached to this building (although within the subject site) to be retained to provide a covered outdoor eating area associated with the proposed café on the opposite side of the laneway entrance.

The building height overall will be 14.5 metres at the Williamson Street frontage and 13.8 metres at the Mollison Street frontage. In terms of design detail, the new building will feature a mix of materials which are detailed on the plans that include natural finish concrete, metal cladding including Quartz Zinc (grey) as a dominant colour with Athra Zinc (black) at the ground floor level and surrounding expressed windows. Cypress Timber will be used for balcony balustrades and a highlight material in the internal foyer.

Poly carbonate will be used for the rear of one of the two ground floor retail tenancies and Honed Bluestone will be used in pedestrian access areas and lanes, with subtle use of red-brick proposed in the landscape and surface treatments. The colours chosen are designed to provide a contrast with the dominant grouping of red brick buildings surrounding the site.

Planning Controls – Greater Bendigo Planning Scheme Why a permit is required: The site is within a Business 1 Zone which triggers the need for a permit for the use and development that is proposed. Further, the site is subject to both the Heritage and Design and Development Overlays which both trigger the need for a permit to construct the development. In the case of the alteration of the verandah, this requires approval under the Heritage Overlay. The other consent is the reduction in parking proposed.

Planning approval is not required to remove the street tree, however as Parks control the asset; Parks must consent to the removal of the tree.

The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework: • • • • • • •

Settlement (clause 11) Regional Development (clause 11.05) Urban Design (clause 15.01-1) Urban Design Principles (clause 15.01-2) Sustainable Development (clause 15.02) Business (clause 17.01-1) Car Parking (clause 18.02-5)

Municipal Strategic Statement and Local Planning Policy Framework: • • •

Settlement (clause 21.05) Environment (clause 21.06) Economic Development (clause 21.07) PAGE 13

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Other Provisions: • • • • • • •

Business 1 Zone (clause 34.01) Design and Development Overlay (clause 43.02 and Schedule 5) Heritage Overlay (clause 43.01 Schedules 9 and part of 301) Parking Overlay (clause 45.09 and Schedule 1) Car Parking (clause 52.06) Bicycle Facilities (clause 52.31) Decision Guidelines (clause 65)

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

Comment

Heritage Victoria

No objection - a separate Heritage Victoria permit is required with respect to the proposed removal of a small part of the lean-to attached to 2 Bush's Lane.

Public Transport Victoria

No response.

City of Greater Bendigo Urban Design

No objection – views are further expanded upon in the assessment section of this report.

Heritage Advisor

No objection – views are further expanded upon in the assessment section of this report.

Environmental Health Officer

No objection noting that the café would be required to be licensed by the City.

Traffic & Design

No objection subject to conditions.

Drainage

No objection subject to conditions.

Parks and Natural Environment

Initial objection to the removal of a Plane tree in the location of the proposed access to the basement car park, now conditional consent to the grant of a permit.

Public Notification The application was advertised by way of public notice in the Bendigo Advertiser, notices erected on the site and direct mail to adjoining and nearby owners and occupiers of land.

Following advertising and to date no third party objections have been received.

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Planning Assessment State and Local Planning Policy Framework and Zone: A range of State Policies including clauses 11.02 (Settlement), 11.02-1 (Urban growth), 11.05 (Regional development), 15 (Urban design) and 17 (Economic development) emphasize the importance of Bendigo as a major regional centre in the context of the State and that in this important context there is a need to consolidate, redevelop and use sites more intensively to achieve strategic directions.

The Municipal Strategic Statement at clause 21.02-4 states that Greater Bendigo has a well-established and clearly defined hierarchy of commercial centres. The City of Greater Bendigo completed the Bendigo Commercial Land Strategy (2004) and this document is a reference document in the Greater Bendigo Planning Scheme. The Strategy identified that the existing retail and commercial hierarchy in Greater Bendigo is to be protected by encouraging growth that supports the respective roles of each centre.

The Strategy seeks to maintain and strengthen this hierarchy and promote new development that is consistent with structure plans and development plans. At clause 21.07 the commercial activity centre hierarchy emphasizes the primacy of the Bendigo CBD for commercial activity.

The subject site is located within a Business 1 Zone for which the purposes (amongst others) is to encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses. The decision guidelines build upon the policy considerations in that matter of alternate means of accessing development, provision of parking, interface with adjoining Zones and uses, design, orientation, maintenance of the building are all relevant planning considerations under the Zone.

In summary, the proposal providing for a mix of commercial uses (retail, hospitality and office) is consistent with the planning vision for CBD sites within the Business 1 Zone as expressed in the policy framework.

As the City of Greater Bendigo matures, development of this type that includes multiple uses will become more common in order to deliver policy objectives of creating more compact cities and limiting urban sprawl.

Urban Design and Heritage State policy direction with respect to urban design at clause 15.01-1 states that urban design should seek to create urban environments that are of quality, safe, functional and have a sense of place and cultural identity. Clause 15.01-2 states that urban design should seek to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

The CBD Plan expands upon these notions of creating quality places and this Plan was incorporated into the Planning Scheme.

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In the context of this application the CBD Plan relates to the scale and design quality and uses of buildings within central Bendigo and whether the proposal delivers a net community benefit consistent with the objectives of the Planning and Environment Act (1987).

The CBD Plan adopts four themes to provide an integrated cross-disciplinary vision for the future of Bendigo’s city centre. These themes are listed and responded to: THEME 1: REINFORCING THE CBD AS THE CENTRE OF ACTIVITY Expand the CBD’s primary role beyond shopping and business to include a diverse range of activities including residential, education, tourism and recreation, attracting more people and for longer periods.

THEME 2: CELEBRATING CULTURAL AND HERITAGE IDENTITY Ensure that buildings define, enrich, protect and enliven streets and other public spaces, and ensure building frontages are interesting and contribute to the life of the CBD. THEME 3: CREATING AN ACCESSIBLE PLACE Create a high-quality and safe environment and improve the way pedestrians and cyclists move around the CBD. Achieve an appropriate balance that maintains adequate vehicular and public transport access, while providing improved space for cyclists, encouraging increased street activity and enhancing pedestrian safety.

THEME 4: DESIGNING A HIGH QUALITY URBAN ENVIRONMENT Improve pedestrian amenity and safety throughout the CBD road system.

Accommodate pedestrian oriented activities and spaces wherever possible in the CBD. The submitted proposal being a mixed use, commercial development, whilst not including housing is strongly in accordance with the CBD Plan centre of activity theme.

In terms of celebrating cultural and heritage identity, the proposal implements this theme in that it is a contemporary building that has been designed to respond positively and connect with the heritage buildings around it.

The final two themes are implemented as the proposal includes open and active frontages to Williamson and Mollison Streets that includes weather protection by virtue of a post supported verandah wrapping around the building. In addition to this, the proposal will create an intimate and inviting laneway space (akin to Chancery Lane) along the interface with Saddle World that will retain the potential for the development to link with the spaces and laneways around and between the buildings through the block.

In terms of the Design and Development Overlay (DDO) objectives, the following aspects of the development warrant discussion.

With respect to preferred building heights, the DDO states that new development should comply with a preferred maximum building height of 12 metres. The building in question exceeds this being 14.5 metres at its highest point. In the case where the maximum building height is exceeded, the DDO states that buildings above three storeys should have set back upper levels in order to avoid overshadowing at the winter solstice of the public and private realm.

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The intent of the height limits is not to prohibit buildings that exceed the preferred maximum building heights, rather requires that buildings that do exceed the height demonstrate design excellence whilst limiting amenity impacts. In this case the increase in height has been assessed favourably owing to the quality of the design and its appropriate response to this landmark corner site.

With reference to building frontages and setbacks, the DDO states that ‘active’ frontages at ground floor level must be provided and that buildings must be built with no ‘front or side setback’ with the exception of buildings that propose a service or pedestrian laneway. On both counts, the development provides for active frontages and the side setback is required to provide for the laneway proposed between the proposed building and Saddle World at 2 Bush's Lane.

The final point the DDO touches on is weather protection where it states that new development must be designed to provide for weather protection. The verandah proposed and large central pedestrian entrance/foyer area flowing through to the café tenancy provides an excellent level of weather protection and amenity for pedestrians.

The application seeks to develop a site (and remove a portion of a lean-to verandah) in a Heritage Overlay, accordingly comments were sought from the City’s Heritage Advisor with reference to the proposal as a whole. The Heritage Advisor is supportive of the proposal and in summary offered the following relevant comments: •

•

• • •

The proposed development generally demonstrates a constructive sensitivity towards the environs of the site and the adjacent historic buildings – given its scale. The building is a contemporary design and correctly makes no attempt to mimic traditional buildings/styles.

An endeavour has been made to articulate the building’s plan and envelope to minimise is visual impact and potential monolithic form. Notably they include the through foyer from Williamson Street as well as the façade treatment; however there are significant areas of (‘foreign’) horizontal spandrels/strip windows which should be further articulated with vertical elements / interruptions / projections / recesses.

The incorporation of the lean-to of the ‘Oil Store’ on Mollison Street is noted and commended for its public use and functional integration. There is a potential to further integrate the public areas of the new development and the adjacent laneways.

Further attention to the ‘rear’ façade is encouraged to create a more textured neighbour to the historic buildings as the new building overlooks the adjacent historic buildings/Bush’s Lane.

With the site currently vacant, the dominance of red brick is clearly evident in the adjacent historic buildings neighbours/environs. Without resorting to imitation, the incorporation of red brick (second hand?) as a landscape material at ground level would create a subtle, but positive, transition/continuity with new and old.

The applicant is generally agreeable to proposed conditions to be incorporated into the recommended conditions to address noted areas requiring further attention. It is further noted that an application to Heritage Victoria has been made as the removal of part of the lean-to and the development falls into a small part of the site that is also subject to listing on the Heritage Register (VHR H1752) that relates to the Bush’s Store complex of buildings.

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Figure 4: Extent of the site subject to VHR H 1752) in green. Tree to be removed highlighted in yellow

The City’s Urban Design Advisor in responding to the application was generally supportive of the proposal, however noted concern with the proposed ground floor opening to provide for parking off Mollison Street, noting that an opportunity for further street activation is lost by the access / services along this frontage. In response, the applicant advised that the car spaces / loading and unloading area are important in terms of functionality of the retail spaces and that the project is not exclusively about the street frontage presentation as it seeks to create internal streets/lanes that add a fine grained layer of spaces similar to Chancery Lane.

Parking and Traffic: The development proposes to provide a total of 45 car, 26 bicycle and 6 motorcycle spaces. The proposal seeks approval of a reduction of car parking spaces and supported this aspect of the application with a Traffic Impact Assessment and Green Travel Plan prepared by GTA Consultants (the same firm that prepared the City’s CBD Parking Strategy October 2008). This document included an empirical assessment of parking demand in the area and the level of parking thus required to be provided by the development when these externalities are factored in. The Green Travel Plan included strategies that encourage workers in the proposed building to access the development and site by alternative means to motor vehicle travel.

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In terms of the level of reduction requested, the following tables summarize the level of reduction required with respect to the Parking Overlay that was approved by Amendment C169 and entered the Planning Scheme on 13 December 2012. Note that the level of parking required relates to Leasable Floor Area and in the case of the café, seat numbers. This means that public or common tenancy areas, such as malls, verandahs and public conveniences are excluded from the calculations of the rate of parking required.

Use

Proposed rate

Cafe

0.1 per seat

Leasable floor area / Number required seats 76 7.6

Retail

3.5 per 100m2

561

19.6

Office

2.5 per 100m2

2138

53.45 80.65 (rounded up to 81)

Figure 5: Parking Overlay Rates.

The provisions of the Parking Overlay and Bendigo CBD Parking Precinct Plan 2009 outline guidelines for the assessment, provision and management of car parking in the Bendigo central business district. The strategy is centred on the City of Greater Bendigo’s commitment to delivering a sustainable ‘movement’ network within the Bendigo CBD for pedestrians, private vehicles and public transport.

The Bendigo CBD Parking Precinct Plan 2009 (Precinct Plan) has been developed in response to an identified lack of car parking in Bendigo’s central business district. The plan provides a framework for the provision and management of car parking within the central business district and its fringe areas and encourages sustainable transport options for the area.

The evidence based assessment conducted by GTA concluded that the actual demand generated by the development will be a total of 46 spaces (long term/all day) and 26 spaces (short term). The applicant’s on ground parking assessment concludes that the 26 short term spaces can be accommodated in on and off street parking areas within a 400 metre radius of the site. Capacity exists for short term parking to be absorbed by existing supply as these spaces are regularly turned over throughout the day.

The Parking Overlay includes guidance for assessing the merit of parking reductions that include criteria of: 1. Whether historic contributions have been made towards the provision of car parking facilities.

2. Whether the constraints of the site would severely limit opportunities to provide onsite car parking facilities; 3. Whether the overall benefits of the development would outweigh the need to provide the full number of on-site parking spaces and make a more efficient use of the land; 4. Whether a range of sustainable transport initiatives have been adopted including, but not limited to: a.Full provision of bicycle and ‘end of trip’ facilities as set out under Clause 52.34; and PAGE 19

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b.Preparation of a Green Travel Plan which includes a variety of transport demand management measures that reduce peoples’ dependency on private vehicle trips.

In this case, the majority of the criteria for allowing the reduction are met as follows: 1. The site was not subject to the trader contribution scheme that helped fund the City’s first multistorey car park in Hargreaves Street.

2. The site is providing the maximum number of spaces possible based on the footprint of the site in the basement with the obvious constraint being either the need to construct a second basement level, or alternatively reduce the ground floor retail spaces to accommodate more spaces which would both compromise the development and the design outcome at the street level.

3. The overall benefits of this high quality development do, in the view of the Officer outweigh the need to provide further parking on site.

4. Full provision of bicycle and ‘end of trip’ facilities as set out under Clause 52.34 have been provided and likewise a Green Travel Plan that includes a variety of transport demand management measures that reduce peoples’ dependency on private vehicle trips was prepared in support of the application. The Precinct Plan further states that a 10% reduction in the parking rates can be applied when the above elements are provided which reduces parking required on site from 81 to 73 and reduces the waiver required to only 28 spaces.

In addition to the above criteria, the Parking Overlay states that the ‘responsible authority may consider accepting a financial contribution-in-lieu of one or more car parking spaces being provided on site’ [my emphasis]. The word ‘may’ as opposed to ‘must’ means that Council maintains a discretion whether to seek payment-in-lieu or not, and for how many of the waivered spaces are subject to the requirement.

The Precinct Plan states that the option to provide car parking by way of a cash-in-lieu contribution is only available where a nexus (i.e. provable connection) is demonstrated between a development and a parking facility proposed to be developed or has been developed by Council. This nexus is governed by the walking distance between the parking facility and the development.

The Precinct Plan considers a parking facility to be a public ‘multi-deck’ facility that is existing or proposed, meaning the walking distances from the recently completed municipal Edward Street car park, the existing municipal Hargreaves Street and Coles Car parks and a future mid-block car park between St Andrews Avenue and Mundy Street (at the rear of the City of Grater Bendigo Offices) are relevant in terms of establishing the nexus. The Precinct Plan nominates a walking distance of 400 metres between this development and a parking facility as establishing the nexus.

In this case a payment-in-lieu condition is recommended as the development is less than 400 metres from both the existing Coles and future St Andrews Avenue and Mundy Street parking facilities. The figure for which payment-in-lieu is to be sought is for 2 of the 28 spaces ($20,000).

The reason why payment-in-lieu for 2 spaces is recommended is summarized in the table below. In short the 2 space figure has been determined as this is the difference between the empirically assessed deficit of 26 short term spaces (short term demand being absorbed by existing supply) and the 28 space deficit calculated.

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Parking Overlay 10% Reduction Requirement for meeting Parking Precinct Plan objectives 81 spaces 73 spaces

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Number of car Shortfall parks provided on site

Reduction due to available offsite short term parking

45 spaces

26 spaces

28 spaces

Payment in lieu Required – 2 spaces Figure 6: Parking Summary Table.

With respect to traffic impacts associated with the proposal, subject to minor changes the basement car park will function in a compliant manner and access/ impact of the road network has been appropriately considered and consented to by the City’s Traffic Engineer.

A complying loading/unloading area is provided for within the development for a small rigid vehicle by way of the use of an innovative vehicle turntable and loading of larger vehicles will otherwise occur in a manner consistent with many other sites in the City during off peak times.

Street Tree Removal An important aspect of the proposal is the need for a mature street tree located towards the centre of the proposed access to the basement car park to be removed. The street tree is a Plane tree planted sometime after 1996 (and can be seen clearly in 2001 aerial photography of the CBD) and the removal of the street tree does not need planning approval, however requires a broader City approval to be removed as the tree is an asset of the City. The application could not proceed in the form recommended for approval if consent to remove the tree was given, hence the two issues are fundamentally linked.

The City’s Parks Unit did not object to the proposal on the basis that all street trees be retained and as the application. As the application does propose to remove a mature street tree this recommendation was treated as an objection to the proposal. In response to this issue, Parks indicated they would consider their view on the tree removal if the applicant could demonstrate there is no practical opportunity to avoid the removal of the tree.

The outcome of this consideration and two productive on site meetings was that the access as proposed is in the only practical location in order for the basement car park to be utilized in a compliant way that maximizes the parking yield. The access and parking configuration was subject to a Transport Impact Assessment Report by GTA on functionality which has been vetted by the City’s Engineers who confirm the access and parking areas function appropriately.

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Parks have reconsidered their position and now conditionally consent to the removal of the street tree in question. Parks have advised that their preferred location for the replacement of the street tree is in the road flank as close to the location of the current trees as possible. The result of this is that an existing line marked car space is required to be allow for the retention and reconfiguration of a functional bus stop out the front of the Williamson Street frontage of the site. Conditions relating to the reconfiguration of the bus stop to allow for replacement planting and payment to the City for the removal of the street tree have been incorporated in the recommended conditions.

Conclusion The proposal is sited and zoned appropriately within the Bendigo CBD and is supported by adopted strategies including the Bendigo CBD Plan 2005 and Bendigo CBD Parking Strategy (2008) which identify a need to provide for intensive development within the CBD core and recommends that lower rates of parking be applied to CBD development.

The proposal implements the purpose of the Zone and Heritage and Design and Development and Development Overlays and is a high quality design as noted in the Urban Design section of this report.

The proposal provides a substantial amount of parking on site, however despite this still requires a reduction in parking. The parking reduction has been assessed favourably having had the benefit of a Transport Impact Assessment, Green Travel Plan and the availability of walking, cycling and public transport opportunities to access the development are further factors in support of this aspect of the application.

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

RECOMMENDATION That pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Planning Permit for the development of a three storey office building with ground floor retail and basement carpark, alteration of verandah and a reduction in car parking at 98 -104 Williamson Street, Bendigo subject to the following conditions:

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1.

MODIFIED PLANS AND ADDITIONAL DOCUMENTS Before the demolition, development and use starts or at another time agreed in writing by the responsible Authority amended plans and documents to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans and documents must be generally in accordance with the plans submitted with the application, being plans prepared by Williams Boag Architects Plans a001- a401 (Inclusive) Dated 21.08.2012 and 29/1/2013.

When approved the plans and documents will be endorsed and will then form part of the permit and must not be altered without the prior written consent of the responsible authority. The plans and documents must (as appropriate) be drawn to scale with dimensions and three copies must be provided as follows: (a) Additional texture on the facades internal to the site; (b) Further articulation of the Williamson and Mollison Street elevations and plans to reduce the horizontality of the window/spandrel panels with vertical elements/interruptions/projections or recesses; (c) A landscape plan in accordance with condition 4; (d) A drainage plan in accordance condition 7; (e) Changes to the parking layout in accordance with conditions 8; (f) A construction management plan in accordance with condition 9 & (g) A waste management plan in accordance with condition 10.

2.

REMOVAL OF STREET TREE (a) An amenity valuation of the trees identified for removal to facilitate the construction of the proposed car park and entry/exit off Williamson Street has been undertaken for Platanus x acerafolia (London Plane Tree) tree numbers 331817 and 331879. The Developer is responsible for paying the valuation amount $11,680.20 to the City of Greater Bendigo to offset the amenity loss. (b) A replacement tree is to be planted within the road flank, immediately to the south of the proposed car park entry/exit. The precise planting location and species of tree for planting is at the discretion of the City of Greater Bendigo Arborist. (c) The Developer is responsible for the full costs involved regarding the complete removal of the aforementioned trees, including acquiring a suitably qualified and insured Arboricultural Contractor as per the City of Greater Bendigo, Workplace Health & Safety systems. (d) Amenity tree offset funding received in association with this project shall be invested by the City of Greater Bendigo into replacement tree planting, utilising the largest size tree stock as possible, and at or as close to the development site as is practicable. This shall be at the discretion of the City of Greater Bendigo, Team Leader Arboriculture. (e) Both road reserve trees located on the Mollison Street side are to be retained. (f) All road reserve trees to be retained adjacent to the site must have protective devices erected during the construction period. This must be to the satisfaction of the City of Greater Bendigo, Team Leader Arboriculture.

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3.

BUS STOP RELOCATION: Prior to the commencement of works, or other time agreed in writing with the responsible authority, amended plans must be prepared and submitted to the satisfaction of the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Removal of the existing bus stop, and its relocation further south between the replacement street trees (exact location to be determined in consultation with the City of Greater Bendigo Arborist); (b) Bus stop pole, flag and timetable case to VicLink’s requirements; and (c) Provision of tactile ground surface indicators to City of Greater Bendigo standards.

4.

PAYMENT IN LIEU A cash-in-lieu contribution for two (2) car spaces at a rate of $10,000 per space (no GST) is applicable to this permit. The amount of contribution for each car space specified above will be adjusted by the responsible authority on 1 July each year in accordance with the relevant Building Price Index (Melbourne) in Rawlinson’s Australian Construction Handbook. The cash contribution must be made either: (a) In full before the use and development commences or; (b) By instalments in accordance with the terms of a Section 173 agreement under the Planning and Environment Act 1987.

5.

LANDSCAPE PLAN Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided.

The plan must show: (a) Details of surface finishes of pathways and driveways (b) Subtle integration of some red-brick elements.

All species selected must be to the satisfaction of the responsible authority.

6.

LANDSCAPING MAINTENANCE The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

7.

GREEN TRAVEL PLAN The Green Travel Plan Prepared by GTA Consultants and dated 27.06.2012 forms part of this permit. The implementation of the Green Travel Plan shall be in accordance with the timetable within the plan and continue to be implemented as long as any part of the development is occupied. The records of implementation of the Green Travel Plan must be made available to the Responsible Authority on an annual basis for a minimum of five years.

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8.

ASSET PLANNING AND DESIGN UNIT – DRAINAGE Stormwater Drainage (a) Drainage plans, including computations and longitudinal sections, must be provided to and approved by the Responsible Authority for the lot in the development to the Responsible Authority’s nominated point of discharge.

Once approved, the plans will be endorsed as part of the planning permit and must not be further altered without the prior written consent of the Responsible Authority. (b) The applicant shall demonstrate that the driveway to the basement at the property line will not be lower than the calculated flow height of overland flows during a 100 year storm event.

9.

ASSET PLANNING AND DESIGN UNIT – TRAFFIC (a) Car spaces 16, 17, 33, 34, 38 and 39 reduced in width to 2.4 metres in order for spaces 18, 32 and 40 (adjacent to walls) to be widened to 2.7 metres wide. (b) Disabled persons parking bays where required by the BCA, must be provided in accordance with AS/NZ 2890.6-2009, section 2 and must be signed in accordance with AS/NZ 1742.11-1999 and line marked in accordance with AS/NZ 2890.6-2009, section 3. (c) The change in grade transition for ramps should be 2.0m long and 1: 10 as per AS 2890.1:2004, cl 2.5.3(e). This will even out the grade changes more evenly, making it less likely for a car to scrape. (d) The grade of a driveway must be 1:20 for the first 6m after the property line as per AS 2890.1:2004, cl 3.3. This allows the driver to see pedestrians over the bonnet as they come up the ramp. (e) The 5000mm long parking bays that are designated SML, need to have signage designating them as been for small cars only. (f) Bollards or other furniture required to stop cars parking in the pedestrian access. (g) The entry/exit, the internal roadway and the parking areas must be sealed and the car parking spaces line marked and maintained to the satisfaction of the responsible authority. (h) The minimum sight line for pedestrian safety, pursuant to AS/NZ 2890.1 – 2004 Fig 3.3, must be provided at circulation roadway exits onto the street. (i) Unused laybacks are required to be removed and reinstated. (j) Driveways must be 1 metre clear of stormwater pits, in the event that pits are within 1 metre of the drive the pits must be replaced with gatic lid or equivalent and heavy duty grated inlet.

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10. CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. This plan shall include, but not be limited to: (a) A site specific plan showing proposed erosion and sedimentation control works. (b) Techniques and intervention levels to prevent a dust nuisance. (c) Techniques to prevent mud and dirt being transported from the site to adjacent streets. (d) The protection measures taken to preserve any vegetation identified for retention.

During construction of works associated with the subdivision, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency.

11. WASTE MANAGEMENT PLAN A waste management plan that includes details of the private garbage collection arrangement must be submitted to the satisfaction of the responsible authority.

12. ACTIVE SHOPFRONTS The ground floor shopfronts as shown on the endorsed plans must be provided with clear glazing and maintain permanent views into the building to the satisfaction of the responsible authority.

13. LOADING AND UNLOADING The loading and unloading of goods from vehicles that can be accommodated within the designated loading bay must occur on site must only be carried out within the designated loading bay accessed from Mollison Street and must occur at times so as not disrupt the circulation and parking of vehicles on and around the land.

14. GENERAL AMENITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality.

15. PROPERTY APPEARANCE The appearance of the subject land must not, in the opinion of the responsible authority, adversely affect the amenity of the locality.

16. NEAT AND TIDY SITE The subject land must be kept neat and tidy at all times and its appearance must not, in the opinion of the responsible authority, adversely affect the amenity of the locality.

17. EXPOSED STORAGE Goods, equipment or machinery must not be stored or left exposed outside a building so as to be visible from any public road or thoroughfare.

18. Any form of public address system used on the subject land must only be audible within a building on the land.

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19. BAFFLED LIGHTING Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

20. EXPIRY OF PERMIT This permit will expire if the development permitted by this permit is not commenced within four (4) years from the date hereof or if the development is not completed and the use permitted by this permit is not commenced within six (6) years from the date hereof. The time within which the development must be completed and the use must commence may, on written request made before or within three (3) months after the expiry of the permit, be extended by the Responsible Authority.

Notes Planning Permit – Signage The plans approved by this permit show indicative signage locations under the verandah and to the left of the main pedestrian entrance to the building and supporting documents indicate potential for some signage on window glazing.

Under the provisions of the Heritage Overlay, separate planning approval is required to construct and display signage.

City of Greater Bendigo Asset Planning and Design Unit: Vehicle access to the said property must be via a properly constructed driveway, to the satisfaction of Council. A Works within Road Reserve Permit must be obtained from the City’s Asset Planning and Design Unit.

City of Greater Bendigo Environmental Health and Local Laws Unit a) If the premise is to prepare or provide food for sale including alcohol it must register with the City of Greater Bendigo under the Food Act 1984 and must be fitted out in accordance with the Food Act and Food Standards Code. Plans are to be submitted to the council for assessment. b) If the premise is to be used for short term accommodation, it must register with the City of Greater Bendigo under the Public Health and Wellbeing Act 2008.

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Figure 7: Basement Plan

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Figure 8: Ground Floor Plan.

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Figure 9: First Floor Plan.

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Figure 10: Second Floor Plan.

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Figure 11: Williamson and Mollison Street Elevations.

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Figure 12: Internal elevation

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2.2 SUBDIVISION OF LAND INTO 23 LOTS AND THE REMOVAL OF NATIVE VEGETATION - 12 ROBERT STREET, KANGAROO FLAT 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 the land at 12 Robert Street, Kangaroo Flat in 23 residential lots. The site is covered in native vegetation and adjoins an established residential neighbourhood.

The proposed subdivision is opposed by many local residents because it will result in the substantial loss of vegetation on the site. There are also concerns about the traffic impact of the subdivision and drainage problems.

The grounds of objection and other matters are assessed in this report. It is concluded that the subdivision complies with the requirements of the Planning Scheme and that a permit should be issued.

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/246/2012 19 April 2012 Spiire Australia Pty Ltd 12 Robert Street, KANGAROO FLAT Residential 1 Zone No overlays

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Subject Site and Surrounds The site is located in Kangaroo Flat, 150m east of High Street. The site consists of a single land parcel which is described as Lot 1 on Title Plan 601355X. The area of the site is 2.5ha. The site has abuttals to two sealed roads: Robert Street and Amara Way. Both these roads terminate as dead-ends at the boundary of the site. The east boundary of the site also has a road abuttal to Railway Street which is currently an unmade dirt track.

There are no buildings on the site. Native vegetation, consisting of Box-Ironbark forest, covers the site. A small depression runs through the site in a roughly north-south direction. Native vegetation is at its most dense along the depression.

The Lansell Square shopping centre adjoins the north boundary of the site. There is housing to the west and south of the site, much of which forms part of the Byambee Rises Estate. Also adjoining part of the south boundary of the site is a Crown land reserve that contains native vegetation. To the east of the site is Railway Street.

Figure 1: A location map showing the site. The objectors' properties are marked with a star.

Proposal It is proposed to subdivide the site into 23 residential lots. The subdivision layout will feature: • • • •

Lot sizes ranging from 388m2 to 3,497m2. The largest lots, namely Lots 10 to 13, will be situated towards the east boundary of the site, abutting Railway Street.

Building envelopes and a 15m wide native vegetation protection zone on Lots 10 to 13.

The connection of Robert Street and Amara Way to create a through-road that will traverse the site. There will a small court bowl off the through-road as well as a short accessway to provide vehicle access to some of the lots.

Pedestrian access to Lansell Square via a 10m wide accessway.

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•

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A 12m wide reserve that will serve as a potential future road connection between Railway Street and Amara Way.

The lots created by the subdivision will be fully serviced by water, sewerage, electricity, telecommunications and gas supply systems. All native vegetation on the site will be cleared (or deemed to be lost) as a result of the subdivision except for the vegetation within the protection zones on Lots 10 to 13.

Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone and is not covered by any overlay. The proposed subdivision of the site and the removal of native vegetation triggers the need for a permit pursuant to the zone provisions and clause 52.17-2 (native vegetation) in the Planning Scheme. The following clauses in the Planning Scheme are relevant to the application.

State Planning Policy Framework

Regional development (clause 11.05).

Biodiversity (clause 12.01).

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).

Environment (clause 21.08).

Reference documents (clause 21.10).

Local Planning Policies

Development at the urban-forest interface policy (clause 22.01).

Salinity and erosion risk policy (clause 22.04).

Other Provisions

Residential 1 Zone (clause 32.01).

Native vegetation (clause 52.17).

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

DSE

No objection subject to conditions

CFA

No objection.

Engineering & Public Space (internal)

No objection subject to conditions.

Public Notification The application was advertised to the public by mail and by on-site notices. A total of 36 objections were received against a permit being granted because of concerns about loss of native vegetation, traffic and drainage problems. The grounds of objection are discussed later in this report. A consultation meeting was held which was attended by the objectors, the permit applicant and several councillors.

Planning Assessment The site and its neighbourhood context A brief description of the site context and history is useful before examining the merits of the proposal.

The site was created when an original Crown allotment which once extended between High Street and Railway Street was subdivided possibly in the 1960s. This subdivision created the east-west street known as Robert Street together with several house lots.

The eastern end of the Crown allotment was retained as a large balance lot which is now the subject site. Robert Street was made to terminate at the boundary of the subject site, presumably with the expectation that the subject site would be re-subdivided in the future. Indeed many years ago a permit was granted to subdivide the site into 22 house lots. The permit was never acted upon. The subdivision layout featured an extension of Robert Street to form a cul-de-sac (there was no opportunity to create a through-road at the time the permit was issued because Amara Way did not yet exist).

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Amara Way, which abuts the south boundary of the site, was formed as part of the Byambee Rises Estate. This estate has been developed from a large land holding behind the former Hazeldene Hatchery and has yielded about 121 house lots. Unlike the subject site, the boundaries of the estate don't extend as far east as Railway Street because of an intervening strip of vegetated Crown land. A small slither of land was also essentially added to this vegetated area as part of the subdivision of the Byambee Rises Estate.

This slither of land - which is a Council reserve - partly adjoins the subject site.

Figure 2: Former approved subdivision layout for the site

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Figure 3: A location map showing the site and the adjoining Byambee Rises Estate

Overall the south boundary of the subject site abuts 93 metres of vegetated public land a combination of Crown land and a Council reserve. The remaining boundaries of the site, with the exception of the site's abuttal to Railway Street, adjoin existing residential lots. In this context the site may be said to be the remaining undeveloped land parcel in the setting of an established residential neighbourhood.

The presence of extensive native vegetation is one striking difference between the subject site and the land from which the Byambee Rises estate was created. Byambee Rises was largely developed from cleared land (the only significant patch of native vegetation was set aside as a slither of Reserve). In contrast the subject site is essentially covered in vegetation. The loss of this vegetation is one of the main reasons why some local residents oppose the subdivision of the site.

One objector puts the case against the loss of vegetation this way: "The City of Greater Bendigo prides itself on supporting the values associated with maintaining a green and environmentally conscious approach to local government, for example tree planting programs. To support this proposal and the almost complete devastation of a beautiful area of established bushland is a gross travesty of environmental justice and a completely backwards step in light of current awareness re worldwide biodiversity issues. It would also indicate that the Council has no respect for the enjoyment many people of varying ages derive from walking in and admiring the natural beauty of the area which is an oasis in an already existing concrete maze."

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Figure 4: An aerial photograph the neighbourhood before the Byambee Rises Estate

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Figure 5: An aerial photograph showing the neighbourhood today

The attachment that residents hold to the site has been reinforced by the fact that they currently enjoy use of the site as de facto public open space. Residents regularly walk through the site to access Lansell Square and it is no doubt a favoured place for children to play. Those residents with properties that back onto the site also experience a pleasant outlook towards the site.

The site may well be a natural "oasis" of natural bushland, as one objector says, but it is an oasis on private land. The opportunities exploited by residents to walk through the site are not affirmed in law; the residents are in fact trespassing in law. In this context any consideration of the amenity value of the site must be limited to how the site is experienced from beyond the boundaries of the site, not the amenity value derived from the (unauthorised) public use of the site. When the proposed loss of vegetation is viewed from this perspective it is considered that the affect upon the amenity of the neighbourhood will not be unreasonable.

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Native vegetation What is more important from a planning perspective however, is the biodiversity value of the vegetation on the site. The site has been assessed as containing three patches of Box-ironbark forest, together with four large trees. Two of the patches are of "low" conservation significance, while the patch abutting Railway Street is of "medium" conservation significance.

Figure 6:An aerial photograph showing the extent of vegetation on the site

It's proposed to clear the majority of the site and offset the vegetation losses. Vegetation within a 15m wide strip adjacent to the Railway Street (the rear of Lots 10 to 13) will be protected.

DSE has reviewed the proposal and is satisfied that the offsetting of vegetation losses accords with Victoria's native vegetation management framework.

The Planning Scheme provides some policy guidance on how the loss of native vegetation should be considered. In particular clause 22.01 is relevant to the application because the site adjoins public forest in the form of Crown land and a Council reserve to the south of the site. In such cases it is policy that:

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Of particular note is the policy of protecting areas of very high, high and medium conservation significance. The implicit purpose of such protection is to establish bio links that connect fragmented patches of urban bushland with larger reserves and national parks. In light of this policy it is appropriate to ask: to what extent should native vegetation be protected on the subject site?

The conditions of the site are not conducive to creating an effective bio link. The majority of the site contains only low quality vegetation situated on the outer limit of any potential natural corridor. Indeed the site is largely surrounded by urban development. Clearing the site of vegetation won't isolate any important native habitat or erode the continuity of any existing biodiversity linkages. Furthermore, a modest area of vegetation on the site along Railway Street will be retained. This area of protection corresponds to some of the "medium" value vegetation found on the site. For these reasons the limited retention of native vegetation envisaged by the proposed subdivision is considered to be an acceptable planning outcome.

It's also noted that the proposed subdivision layout incorporates a 30m setback from the existing public forest to the south of the site. This accords with the urban-forest interface policy.

Traffic The issue of traffic is another key ground of objection to the proposed subdivision. Local residents are concerned that the subdivision will increase traffic volumes in the neighbourhood and this will exacerbate problems they experience accessing High Street.

Access onto High Street from the Byambee Rises Estate and surrounding streets can indeed be problematic at times. The proposed subdivision offers a potential solution. The subdivision layout incorporates a 12m wide reserve connecting Amara Way with Railway Street. The reserve has the potential to be constructed in the future as a through-road thus providing a new route to High Street via Railway Street. This linkage is supported in principle by the City's traffic engineer.

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While the through-road has merit it does raise the practical question of who pays for the construction of the road connection. About 500m of Railway Street would need to be sealed to provide the connection, along with the construction of 100m of road within the boundaries of the site itself. It's difficult to make a case for imposing the cost of construction upon the developer because there is no clear nexus between the subdivision and the need for a road connection. For this reason it is considered reasonable for Council to accept full responsibility for any future construction costs associated with the road connection. Any decision to implement the road connection will be made as part of Council's normal capital works budget process.

The reserve set aside on the plan as a potential through-road will need to be widened to 18m to meet Council's design requirements.

Consideration was also given to providing a direct north-south road connection between the site and Lansell Square. The owners of Lansell Square rejected this option. However they were pleased to accept a pedestrian walkway linking the sites, as shown on the plan.

Stormwater drainage Concerns about stormwater flooding have been raised by many of the objectors. They argue that the site is prone to flooding as a result of a drainage line that traverses the site in a roughly north-south direction. Some objectors have submitted photographs showing various localised flood events.

The stormwater catchment upstream of the subject site covers approximately 34ha. The catchment largely consists of bushland to the south of the site together with a small section of residential subdivision. There are two drainage lines within the catchment: (1) a main drainage line that runs underneath the Melbourne-Murray River railway line and discharges to the middle of the north boundary of the site and is then picked up by a 1,200mm diameter concrete pipe, and (2) a smaller drainage flow path that runs through the middle of the catchment and discharges into the main drainage line.

The drainage design envisaged for the proposed subdivision involves containing "minor drainage" (ie. 1 in 5 year stormwater flows) within underground concrete pipes that will connect to the 1,200mm diameter pipe at the northern boundary of the site. Furthermore "major drainage" (ie. 1 in 100 year stormwater flows) will be conveyed along the internal road network then down a small drainage reserve to the Lansell Square car park.

This stormwater management solution is acceptable to the City's drainage engineer. It's considered that there will be sufficient capacity in the piped drainage and the overland flow paths to cater for the flows associated with the site's stormwater catchment. It is also noted that overland flows are not expected to exceed a depth of 340mm which is within the parameters set by Council's Infrastructure Design Manual.

Compliance with clause 56 - "Rescode" 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:

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Objections All the lots in the subdivision will be within walking distance of the Lansell 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.

The new lots will be fully serviced by reticulated sewerage and water. Electricity, telecommunications and gas will also be supplied to the lots.

All the lots will be large enough to easily contain a rectangle measuring 10m by 15m.

The lots will enjoy good opportunities for northern light. The lot layout and density will be in keeping with the 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 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 •

Objections

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 the subdivision of land and the removal of native vegetation at 12 Robert Street, Kangaroo Flat 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: the Reserve adjacent to Lot 13 widened from 12m to 18m.

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.

LANDSCAPE PLAN Before a statement of compliance is issued for the subdivision a landscape plan must be submitted to the satisfaction of the responsible authority. When approved, the plan will be endorsed and then form part of the permit.

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4.

COMPLETION OF LANDSCAPING Before a statement of compliance is issued for the subdivision the landscaping works shown on the endorsed must be carried out and completed to the satisfaction of the responsible authority.

5.

LANDSCAPING MAINTENANCE The landscaping works shown on the endorsed plans must be maintained to the satisfaction of the responsible authority for 12 months after the works are completed, including that any dead, diseased or damaged plants are to be replaced.

6.

BUILDING ENVELOPES The plan of subdivision must include a building envelope restriction on Lots 10, 11, 12 and 13 in accordance with the endorsed plan. No building may be constructed outside the building envelopes shown on the endorsed plan.

7.

VEGETATION PROTECTION Before a statement of compliance is issued for the subdivision 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 agreement registered on the title to the land under section 181 of the Act, which provides that: No native vegetation may be removed, destroyed or lopped within the "Native Vegetation Protection Zone" shown on the plan endorsed under Permit No. DS/246/2012 without the written consent of the responsible authority.

8.

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.

9.

DRAINAGE EASEMENTS The subdivision must provide easements for drainage within and through the subject land for external outfall drainage to a point of lawful discharge to the satisfaction of the responsible authority.

10. STORMWATER DETENTION Prior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge: Q5 = 97 l/s.

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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 per additional lot > 500m2 and $1000 per additional lot < 500m2 or such amount applying at the time of payment.

11. 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.

12. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Fully sealed pavement with kerb and channel. (b) Paved footpath. (c) Underground drainage. (d) Underground conduits for water, gas, electricity and telephone. (e) Appropriate intersection and traffication measures. (f) Appropriate street lighting and signage. (g) One high stability permanent survey mark.

13. DECORATIVE LIGHTING The decorative lighting style is to be consistent with any adjacent decorative lighting. The responsible authority shall determine decorative lighting style where conflicts arise. The applicant shall submit for approval full details of any proposed decorative lighting to the responsible authority prior to commencement of works. Prior to the issue of the statement of compliance the applicant will make payment to the responsible authority in accordance with Table 15 of the Infrastructure Design Manual.

14. 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.

15. CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority.

The plan must include: PAGE 47

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(a) A site specific plan showing proposed erosion and sedimentation control works. (b) Techniques and intervention levels to prevent a dust nuisance. (c) Techniques to prevent mud and dirt being transported from the site to adjacent streets. (d) The protection measures taken to preserve any vegetation identified for retention.

During construction of works associated with the subdivision, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency.

16. 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.

17. 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: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. (e) The applicant shall: Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area. (f) 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. (g) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (h) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules.

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

19. 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.

20. COUNTRY FIRE AUTHORITY Hydrants: (a) Operable hydrants, above or below ground must be provided to the satisfaction of CFA. (b) The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of the building envelope, the rear of all lots) must be 120m and hydrants must be no more than 200m apart. (c) Hydrants must be identified as specified in ‘Identification of Street Hydrants for Firefighting purposes’ available under publication on the Country Fire Authority web site (www.cfa.vic.gov.au).

21. DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Adjoining Crown land: To prevent impacts on Crown allotment 69A Parish of Mandurang the applicant must ensure: (a) All works are to be contained within the freehold land and must take place from the freehold side of the boundary. (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. (e) 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.

Fencing: Prior to work commencing, the shared boundary with Crown allotment 69A Parish of Mandurang must be fenced to the satisfaction of the responsible authority and the Department of Sustainability and Environment in accordance with the Fences Act 1968 and at the applicant’s expense. Fencing must be erected on the correct boundaries of the land to the satisfaction of the Responsible Authority and the Department of Sustainability and Environment.

The fence must be pet proof and have no openings.

Offsets (a) In order to offset the removal of: • 0.52 habitat hectares of low conservation significance native vegetation of Box Ironbark Ecological Vegetation Class within the Goldfields bioregion including 3 large old trees.

• 0.31 habitat hectares of medium conservation significance native vegetation of Box Ironbark Ecological Vegetation Class within the Goldfields bioregion including 1 large old trees. approved for removal as part of this permit, the applicant must provide for: PAGE 49

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• The protection and management for conservation purposes of 0.52 habitat hectares of low conservation significance native vegetation of Box Ironbark Forest Ecological Vegetation Class within the Goldfields bioregion.

• The protection and management for conservation purposes of 0.31 habitat hectares and 2 large old trees of medium conservation significance native vegetation of Box Ironbark Forest Ecological Vegetation Class within the Goldfields bioregion and 2 large old trees. or an alternative to the satisfaction of the responsible authority. (b) To provide the required offset, within 12 months of the vegetation removal or before the issue of statement of compliance, whichever is sooner, the applicant or owner must either: • Provide to the responsible authority, an Allocated Credit Extract issued by the Department of Sustainability and Environment Native Vegetation Credit Register which satisfies the required offset, or.

• Have prepared an Offset Plan to be endorsed by the responsible authority and then form part of the permit. The Offset Plan must include but is not limited to the following: • Description of the site where the offset will be provided, including a site plan.

• Schedule of works to achieve the offset over a 10 year period, detailing the: • Management actions to be performed (e.g. fencing, weed control, pest control, revegetation).

• Person(s) responsible for implementing the specific management actions.

• Timeline for the implementation of the management actions.

• Method by which management actions will be undertaken.

• Standard to which management actions will be undertaken.

When approved, the offset plan will be endorsed and will then form part of the permit. (c) Within twelve months of vegetation removal or before the issue of statement of compliance whichever is sooner: • The endorsed offset site must be permanently protected to the satisfaction of the responsible authority, ie. via an encumbrance on title.

• A copy of the endorsed plan and protection mechanism, eg. title showing encumbrance, must be lodged with the Department of Sustainability and Environment.

NOTE: The application for subdivision will require the Country Fire Authority approval.

The current application has the full clearing including fire protection contained on the site.

Should this not be agreed to by the Country Fire Authority the case should be referred to the Department of Sustainability and Environment.

NOTE: Third party offsets may be available from Bushbroker Over the Counter program.

Please contact Greg Waddell on 5430 4353, or visit www.dse.vic.gov.au/nativevegetation for further information.

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NOTE: Prior to the commencement of works, a Protected Flora Permit must be obtained from the DSE to remove protected flora during works. Please contact the regional the Department of Sustainability and Environment office.

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2.3 5 LOT SUBDIVISION AND CONSTRUCTION OF 3 DWELLINGS (STAGED) - 1416 SOMERVILLE STREET, FLORA HILL Document Information Author

Peter Hargreaves, Town Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns an application to subdivide two adjoining lots (each with an established dwelling) to create five lots in total and build a new dwelling on each of the three newly created lots.

Two objections were received based on concerns over potential drainage/flooding, greater demand for on-street parking with the potential to exacerbate illegal nature-strip parking and create a traffic hazard, other traffic and safety concerns and amenity issues.

A consultation attended by the objectors and the applicant did not resolve objector concerns.

It is considered that the proposal is in accordance with the Greater Bendigo 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:

DSD/538/2012 24 July 2012 Penno Drafting & Design 14-16 Somerville Street, FLORA HILL Residential 1 Zone Nil

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Subject Site and Surrounds The subject site comprises two rectangular residential lots totalling approximately 1,462 sqm. Each lot has an approximate east â&#x20AC;&#x201C; west orientation along its longest axis and faces east on to Somerville Street. Number 14 contains a semi-modern brick dwelling with tiled roof and rear outbuildings. Number 16 contains a weatherboard California bungalow dwelling with tiled roof and rear outbuildings.

The subject land falls approximately one metre from the front boundary towards the rear boundary. A drainage easement runs along the rear of the two lots.

Figure 1: Location map showing subject site. Objectors properties marked with a star.

Proposal The application proposes to re-subdivide the existing two adjoining lots into five to create an additional three lots at the rear and to build a single storey dwelling on each of the three new lots. Two of the houses will be two bedroom dwellings and the third a three bedroom dwelling. The new dwellings will be clad in brick with colorbond roofs.

The driveway to 16 Somerville Street will be extended to form a shared driveway also serving the rear three dwellings. This driveway will be widened at the street interface to allow sufficient room for cars to enter and leave the site at the same time.

Planning Controls - Greater Bendigo Planning Scheme The subject site is located in a Residential 1 Zone (Clause 32.01) where a planning permit is required to subdivide land and to build two or more dwellings on a lot. . No overlays affect the site.

The following clauses are relevant in the consideration of this proposal: PAGE 53

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State Planning Policy Framework • • • •

Regional Planning strategies and principles (Clause 11.05-4) Built Environment and Heritage (Clause 15) Housing (Clause 16) Salinity (Clause 13.03-3)

Municipal Strategic Statement •

Housing – urban containment (Clause 21.06)

Local Planning Policies •

Flora Hill Residential Character Policy (Clause 22.14)

Other Provisions • • • •

Car Parking (Clause 52.06) Two or more dwellings on a lot (Clause 55) Residential subdivision (Clause 56) Decision guidelines (Clause 65)

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

Comment

Powercor

No objection subject to conditions

Coliban Water

No objection subject to conditions

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Parks and Natural Reserves

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 2 objections were received, with the grounds of objection being: •

Drainage – the potential to worsen existing drainage problems for existing residents

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•

Parking – an inadequate provision of off-street parking will increase the demand for kerbside parking and result in more illegal (nature strip) parking. One objection argues that the proximity to La Trobe University makes it an attractive area for multiple students/tenants to share a house. The objector argues that in these circumstances, where up to five or six students might share a house, the Planning Scheme’s requirement for one parking bay for a two-bedroom dwelling and two bays for a three-bedroom dwelling is inadequate.

•

Traffic safety – the resulting increase in on-street parking will o reduce lines of sight making it more hazardous for local residents when reversing out of driveways; o expose motorists to the risk of rear end collision when waiting to turn into driveways.

•

Loss of amenity including overshadowing.

•

Health risks associated with the demolition and removal of outbuildings containing asbestos.

•

Overshadowing.

As stated earlier, a consultation meeting failed to resolve concerns.

The objections are discussed below.

Planning Assessment The proposal meets the policy of urban containment where the strategy is to encourage higher density development in potential infill locations.

In terms of neighbourhood character policy the subject site is located in Flora Hill Precinct 1. The character description for the precinct states: “The area contains a mix of inter-war and post-war dwellings, although other eras are present. Dwelling forms vary, but they are mostly sited consistently, and most have a strong horizontal emphasis. Front gardens form part of the street scene because of the low or transparent front fences.”

The proposed development will be located behind two existing dwellings – one inter-war and the other post-war. All will be single storey and similar in scale and bulk to those fronting on to Somerville Street. Therefore whilst the design of the proposed new dwellings does not reflect the dominant typology of the area, the location of the development behind the existing dwellings means it will not adversely impact on neighbourhood character.

Zoning The site is zoned Residential 1 where the purpose is to provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households.

The proposal for three dwellings including two two-bedroom dwellings, all on smaller allotments helps achieve this objective.

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ResCode The proposed subdivision and development meet the objectives and the standards of Clauses 55 (Two or more dwellings on a lot) and 56 (Residential Subdivision). In terms of the objections: • The proposed dwellings do not significantly overshadow existing secluded private open space of the adjoining properties.

The only dwelling potentially impacted by overshadowing is 18 Somerville Street (being south of the subject site). The single storey nature of the Lot 3 dwelling, when coupled with the presence of an existing shed on the lot will result in a minor impact.

• Other amenity impacts are within the limits allowed by ResCode.

Car Parking The provision for parking meets the requirements of Clause 52.06 – one for each two bedroom dwelling and two for the three bedroom dwelling. The applicant is not required to provide more under the Planning Scheme. No visitor car parking is required for the development of three new dwellings. The proposal does not require additional crossovers therefore there will be no loss of existing on street parking. It is impossible to predict who will occupy the new dwellings.

Whilst the location is attractive to students its proximity to the university could also appeal to professionals without cars. Further, the location is equally proximate to the Bendigo Central Business District and could prove just as attractive to professionals seeking accommodation within walking distance to the CBD. Traffic Hazards and Safety Objector concerns have been discussed with the Traffic Engineer who advised that Somerville Street has been designed and constructed to safely handle 11,000 vehicles per day. The on-street parallel parking in the vicinity has been designed to Australian safety standards. In accordance with the engineer’s requirements, the crossover where the driveway intersects with Somerville Street has been widened to 5.5 metres to provide a passing lane so vehicles can enter and leave at the same time and avoid ‘queuing’ on Somerville Street.

Further, bicycle lanes are soon to be painted on this section of Somerville Street. It is the engineer’s view this will increase the separation between parked cars and moving traffic and improve sight lines as well as providing a buffer when parking.

Drainage One objection raises concerns the increase in buildings and non-permeable surfaces associated with the development will aggravate existing drainage problems in the vicinity.

It is argued that existing drainage infrastructure is inadequate and does not cope with the current level of development. The residents of number 18 state they have experienced weather events where stormwater builds up in Somerville Street and travels west across their land inundating gardens and outbuildings. A concrete base was constructed under the boundary fence between 16 and 18 Somerville Street to reduce inundation from number 16 to number 18.

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The Development (Subdivisions) Engineer discussed these concerns with the objector.

He advises that the specifications for drainage works set out it the recommended permit conditions will ensure that on site stormwater detention will maintain discharge from the site to pre-development design levels for storm events up to the 10 year ARI event.

This means that, whilst the recommended conditions will not resolve localised drainage problems, the proposed development should not aggravate existing problems of stormwater.

Further, the permit will be conditioned to ensure the concrete footings of the boundary fence mentioned above are not removed or damaged and continue to protect property at number 18.

Asbestos This issue does not fall within the scope of the Planning Scheme to resolve â&#x20AC;&#x201C; it falls under the Occupational Health and Safety Regulations 2007. However the applicant has given an assurance that the demolition of any outbuildings containing asbestos will be handled by a licensed asbestos removalist.

Conclusion This subdivision and development accords with the Planning Scheme as it provides for appropriate infill development in an area zoned for residential development. Having considered the objections it is considered that the design response meets the objectives and standards of Planning Scheme including ResCode.

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

Attachments â&#x20AC;˘

Objections

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 5 lot subdivision and construction of 3 dwellings (staged) at 14-16 Somerville Street, Flora Hill 3550 subject to the following conditions: 1

LANDSCAPE PLAN REQUIRED Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: PAGE 57

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(a) Details of surface finishes of pathways and driveways (b) Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant 2

NO LAYOUT ALTERATION The use and development permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

3

LANDSCAPING MAINTENANCE The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

4

COMPLETION OF LANDSCAPING Before the occupation of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

5

GENERAL EXTERIOR TREATMENT The exterior treatment of the buildings permitted by this permit including all exterior decoration, materials, finishes and colours must be to the satisfaction of the responsible authority. The exterior treatment of the building(s) must be maintained to the satisfaction of the responsible authority.

6

REFRIGERATION & AIR-CONDITIONING EQUIPMENT Any equipment required for refrigeration, air-conditioning, heating and the like must be suitably insulated for the purpose of reducing noise emissions and must be located so as to not be highly visible from the street to the satisfaction of the responsible authority.

7

CONSTRUCTION PHASE All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the responsible authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.

8

DETAILED DRAINAGE Before the plan of subdivision is certified 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 • direction of stormwater run off • a point of discharge for each lot; • independent drainage for each lot.

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STORMWATER DETENTION Prior to the connection of any building to the responsible authority’s drainage system, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the Responsible Authority.

Allowable Discharge Rate Q10= 12.5 l/s

10 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 (Victorian 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 $750.00 or such amount applying at the time of payment.

11 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 in condition 8 above.

12 SECTION 173 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; • The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction.

• Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots. Each system must be completed prior to connection to the responsible authority’s drainage system.

• The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority.

• The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times.

• The Owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system.

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13 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 & 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.

14 VEHICLE CROSSINGS Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve.

15 SEALED CAR PARK Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

16 USE OF CAR PARKING AREAS Areas set aside for the parking and movement of vehicles as shown on the endorsed plan must be made available for such use and must not be used for any other purpose.

17 PEDESTRIAN SIGHTLINES The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-8 of the City of Greater Bendigo Planning Scheme.

18 FENCING OF SITE The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority.

19 PROTECTION OF EXISTING BOUNDARY FENCE The owner/applicant must ensure that the fence and concrete plinth on the boundary between 16 and 18 Somerville Street is protected and retained (with the exception of that area abutting the wall on boundary of dwelling on Lot 3) to ensure continued effectiveness for drainage purposes to the satisfaction of the responsible authority.

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20 TREE PROTECTION Prior to the commencement of development works protective fencing is to be constructed around all trees located on the nature strip immediately adjacent to the subject site in order to prevent damage to City of Greater Bendigo managed tree assets. The fencing must remain throughout the construction period, to the satisfaction of the City of Greater Bendigo Arborist.

21 NO MUD ON ROADS In the event of mud, crushed rock or other debris being carried onto public roads or footpaths from the subject land, appropriate measures must be implemented to minimise the problem to the satisfaction of the responsible authority.

22 PUBLIC OPEN SPACE CONTRIBUTION The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988.

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

24 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.

25 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. (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 and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System. (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 that 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 Energy Safe Victoria’s “No Go Zone” rules.

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26 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 Coliban Water’s specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region Water Corporation.

Notes City of Greater Bendigo Asset Planning & Design Note A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve.

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, and (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 note 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.

Telstra Note Approval does not cover alterations to existing Telstra plant or network. Locations of existing network can be obtained from Dial Before You Dig – Ph: 1100 For co-ordinated Telstra plant reticulation in this development, please refer to www.telstrasmartcommunity.com to register your development and apply for reticulation.

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2.4 USE OF LAND FOR USE OF LAND FOR RESTRICTED RECREATION FACILITY (GYM AND FITNESS CENTRE) - 255 HIGH STREET, HEATHCOTE Document Information Author

Bryce Kilian, Statutory Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a planning permit application to use land at 255 High Street, Heathcote for a restricted recreation facility (gym and fitness centre). Multiple buildings exist on this site and another use also occupies the land. The application was made after it came to the notice of the City that the site had started to be used without any approval in place.

Matters relating to the appropriateness of the use in the locality and amenity impacts are particularly relevant to this application.

The application was advertised and two objections were received. The report recommends that the Greater Bendigo City Council issue a Notice of Decision to Grant a Permit for the Use of land for a restricted recreation facility (gym and fitness centre) at 255 High Street, Heathcote.

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 entirety of the site was formerly used as a hardware store. Currently, the main building on the site is used by a cabinet maker.

It is understood that the gym use is currently operational though the hours and days are sporadic.

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

DU/655/2012 5 September 2012 Heathcote Fight Club 255 High Street, HEATHCOTE Business 4 Zone Land Subject to Inundation Overlay Environmental Significance Overlay 3

Subject Site and Surrounds The subject site is irregular in shape, approximately 5,900 square metres in size, has access from High Street, which is a VicRoads road, and also access from Hunter Place to the south west. It has a frontage to High Street of 49 metres and 30 metres to Hunter Place. There are a number of existing buildings on the site however only one shed (indicated below) measuring 28 metres by 7.5 metres will be used as part of the proposal. The site is zoned Business 4 as are all surrounding sites on the western side of High Street. Land to the east of High Street is a mixture of Urban Floodway Zone and Residential 1 Zone. The block is higher than either of the adjoining properties.

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Figure 1: Location map showing subject site. Objectors’ properties marked with a star.

Proposal The proposal seeks approval for a boxing gym under the name of ‘Rural Fight Club’. The premises will contain rowing machines, exercise bikes, weights areas as well as punching bags, speed balls and a boxing ring. No shower or toilet facilities are provided within the building. The proposed hours of operation are Monday to Friday from 6am to 8pm and Saturday between 8am and 2pm. There is sufficient room on the site to accommodate parking for over 40 vehicles. A 1,200mm by 2,400mm sign is proposed on the front of the shed.

Planning Controls - Greater Bendigo Planning Scheme A planning permit is required due to a Restricted Recreation Facility being a Section 2 Use within the Business 4 Zone.

The following clauses are most relevant in the consideration of this proposal: Other Provisions • •

Clause 34.04 Business 4 Zone Clause 52.06 Car Parking

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

Comment

Environmental Health

No objection subject to conditions

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Referral

Comment

Traffic & Design

No objection subject to conditions

Building & Property

Comments related to the building requiring a Building Permit to change the use of the site as well as requiring/providing Essential Safety Measures, access for the disabled and toilet facilities within the building.

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 two objections were received, with the grounds of objection being: •

Hours of operation extensive;

•

Excessive noise levels emitting from the premises;

•

Health/building issues as there are no shower and toilet facilities in the premises;

•

The nature of the activities associated with a “fight club”;

•

Appropriateness of the location for such a use.

The objections are discussed below.

Planning Assessment Amenity Impacts One of the considerations for a new land use within the Business 4 Zone is that the use must not detrimentally affect the amenity of the neighbourhood through emission of noise (amongst others). There is no restriction imposed through the zone controls on hours of operation and the hours proposed could be considered ‘normal’ hours for a gym or fitness centre.

Both land uses on the adjoining lots are classified as accommodation (a motel and a dwelling), however, as these properties fall within the Business 4 Zone they cannot expect the same level of amenity as within a Residential zone.

The nature of the business name ‘Fight Club’ is not a consideration of planning legislation and therefore cannot be assessed.

Health and Building Issues It is understood that the premises would only require consent through Environmental Health Regulations if food and / or drink is to be offered for sale or if any beauty therapy, skin penetration or other prescribed activities occur. None of these activities are detailed as forming part of the proposal.

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So far as the Building Regulations are concerned, the proposal would not be compliant in its current state as the classification of the building currently does not allow the proposed use. It is further noted there are no essential safety measures / management procedures in place; and there are no shower or toilet facilities within the building itself. Compliance with the Building Regulations would require resolution before the premises could be legally occupied. A condition of the planning permit will require proof that a Certificate of Occupancy has been issued in association with a Building Permit.

Regardless of a proposal’s potential compliance or non-compliance with other legislation a planning application can still be submitted, assessed and potentially issued.

Location The site is within the Business 4 Zone which has the purpose of encouraging a mix of ‘bulky goods retailing and manufacturing industry and their associated business services’. Whilst the proposal does not strictly fit within the purpose of the zone, it is a permissible use within the Business 4 Zone and occupies a very small area of a large site, the majority of which is used for a manufacturing industry. Due to the nature, layout and pattern of land use in the Heathcote Township very few areas have separation from residentially zoned land or land used for residential properties. This location is in the middle of a larger Business zoned area and utilizing a vacant building on an existing site.

With appropriate management and amenity improvements mentioned elsewhere in this report the proposed land use is appropriate.

The zone stipulates that amenity based considerations such as noise, artificial light and smell, amongst others, must be considered as part of the assessment of an application.

With appropriate permit conditions relating to restricting amplified music noise, the proposal would comply with the use requirements of the zone.

Conclusion In this instance the Planning Scheme offers little policy guidance for a decision, therefore the appropriateness of the zone, purpose of the zone and amenity impacts are the only relevant considerations. With appropriate planning permit conditions the proposal is considered appropriate for the area and would not have a detrimental impact on surrounding land uses.

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

Attachments •

Objections

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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 use of land for restricted recreation facility (gym and fitness centre) at 255 High Street, Heathcote, subject to the following conditions: 1. NO LAYOUT ALTERATION The use permitted by this permit as shown on the endorsed plan and described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

2. BAFFLED LIGHTING Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

3. USE OF PARKING AREAS Areas set aside for the parking and movement of vehicles as shown on the endorsed plan must be made available for such use and must not be used for any other purpose.

4. CERTIFICATE OF OCCUPANCY Prior to the commencement of the use, a Certificate of Occupancy must be issued in association with a Building Permit for the change of use of the premises.

5. AMPLIFIED MUSIC Amplified music may only be played on the premises between the following times: • Monday to Friday 9am to 6pm 6. HOURS OF OPERATION The use permitted by this permit must operate only between the following times: •Monday to Friday 6am to 8pm •Saturday 8am to 2pm

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2.5 SUBDIVIDE LAND INTO 3 LOTS AND THE CONSTRUCTION OF 2 DWELLINGS - 61 SIMPSONS ROAD, EAGLEHAWK Document Information Author

Bryce Kilian, Statutory Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a permit application to subdivide land into 3 lots and the construction of 2 dwellings at 61 Simpsons Road, Eaglehawk. The site is zoned for residential purposes and is within Bendigo’s urban growth boundary.

Two objections to the proposal have been received from the owners of the adjoining properties concerned about the amenity impacts of the proposal; • Overshadowing; • Potential increase in noise; • Orientation of the dwellings; A consultation meeting was held with the objectors and Ward Councillors which resulted in the applicant submitting amended plans. The revised plans were distributed to the objectors and individual discussions held, however no objections were withdrawn.

This report assesses the merits of the proposal and has found that the development complies with the Greater Bendigo Planning Scheme as such it is recommended that the Greater Bendigo City Council approve the proposal.

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.

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

DSD/590/2012 9 August 2012 Planwise Design Pty Ltd 61 Simpsons Road, EAGLEHAWK Residential 1 Zone Nil

Subject Site and Surrounds The subject site is irregular in shape located on the corner of Hill Street and Simpsons Road, Eaglehawk with frontages of 46 metres and 36 metres respectively. A dwelling and extensive outbuildings are located on the site with the dwelling facing Simpsons Road. Access is via two crossovers, one to Simpsons Road the other to Hill Street.

Adjoining lots to the east, south east, north and west are all zoned Residential 1 Zone and are all utilized for dwellings. Land to the south is the Lake Neangar reserve. The block slopes from north east to south west (towards Lake Neangar).

Figure 1: Location map showing subject site. Objectors’ properties marked with a star.

Proposal Subdivision: The application proposes to create three lots: • Lot 1 - 294 square metres; • Lot 2 - 279 square metres; • Lot 3 (containing the existing dwelling) - 970 square metres; and • 192 square metre common property allowing vehicular access to lot 1 and 2.

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Dwellings: Dwelling 1 will be single storey and consist of three bedrooms, kitchen/meals and family areas as well as bathroom, toilet and laundry and a double attached garage.

Dwelling 2 will be single story and consist of two bedrooms, kitchen meals and family areas as well as bathroom, toilet and laundry and a single attached garage. Both dwellings will be constructed of brick with Colorbond roofing.

Planning Controls – Greater Bendigo Planning Scheme A permit is required pursuant to the Residential 1 Zone owing to the construction of more than one dwelling on a lot and subdivision. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework • • • •

11.05 Regional Planning 15.01 Urban environment 15.02 Sustainable environment 16.01 Medium density housing

Municipal Strategic Statement • • •

21.05 Settlement 21.06 Housing 21.10 Reference documents

Local Planning Policies •

22.13 Eaglehawk Residential Character Policy

Other Provisions • • • •

32.01 Residential 1 Zone 55 Two or more dwellings on a lot and residential buildings 56 Residential Subdivision 65 Decision Guidelines

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

Comment

Powercor

No objection subject to conditions

Coliban Water

No objection subject to conditions

Telstra

No objection subject to conditions

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Referral

Comment

Tenix

No objection subject to conditions

Drainage

No objection subject to conditions

Traffic

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 two objections were received, with the grounds of objection being: • Overshadowing; • Potential increase in noise; • Orientation of the dwellings; The objections are discussed below.

Planning Assessment Does the proposal accord with Planning Scheme policy relating to medium density housing?

Clause 11.05-4 (Regional planning strategies and principles) has objectives to limit urban sprawl and direct growth into existing settlements, promoting and capitalising on opportunities for urban renewal and redevelopment.

The objective of Clause 15.01 (Urban environment) aims to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity and subdivisions that are attractive, liveable, walkable, cyclable, diverse and are sustainable neighbourhoods.

Clause 15.02 (Sustainable development) seeks to achieve energy and resource efficiency in development proposals and encourages development that is consistent with the efficient use of energy and the minimisation of greenhouse gases.

Clause 16.01 (Residential development) has objectives which promote a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is both water and energy efficient.

In short the State and Local Policy framework of the Greater Bendigo Planning Scheme lends support for an intensification of development on well serviced sites which are in proximity to a full range of urban services.

Does the proposal represent an appropriate outcome with reference to Residential Character Policy?

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The site is within the Eaglehawk Residential Character Policy Precinct 4 (EG4) which has the following character description; “This precinct contains housing mainly built since the 1950’s that constitute ‘outer suburbs’ of Eaglehawk. Consistency of setbacks within streetscapes in important, as are roof shapes, because they can be dominant in streetscapes and provide a consistent theme. The horizontal emphasis of the dwelling form is also important, resulting from the long, low elevations of the buildings in relation to their height.

Mature vegetation in private yards, public reserves often provides a backdrop” The statement of desired future character is that the ‘consistency of siting and horizontality of the dwellings will be maintained’. The desired future character is to be achieved by the following objectives and design responses: Objective

Design Responses

To maintain and strengthen the garden Prepare a landscape plan to accompany settings of new dwellings. all applications for new dwellings.

Retain large, established trees and provide for the planting of new trees wherever possible.

Comment: A landscape plan was submitted with the application that identifies locations for suitable landscaping. No trees are to be removed.

To minimise site disturbance and Buildings should be designed to follow the impact of the building on the contours of the site or step down the site. landscape.

Comment: The site has minimal slope from west to east. Less than 300mm of cut and fill will occur across the site.

To maintain the consistency, where The front setback should be not less than present, of building front setbacks. the average setback of the adjoining two dwellings.

Comment: The dwelling to front Hill Street is set at 4.6 metres at its closest point, with that dwelling ‘stepping back’ so at its furthest point it is at 7.6 metres. At its closest point the dwelling achieves greater than the ResCode minimum street setback of 4 metres. However, the proposal does not match the setback of the adjoining dwelling at 13.78 at its furthest point. The dwelling fronting 61 Simpsons Road has a side setback of 6.6 metres and also contains a bungalow positioned on the Western boundary of the site. This bungalow at its closest point is approximately 50mm from the boundary. Whilst the bungalow is not a dwelling it does have a high gable roof which will, in turn, minimise the impact of the proposed new dwelling fronting Hill Street.

The proposed setbacks are acceptable.

To reflect the rhythm of dwelling Buildings should be setback from at least spacing. one side boundary.

Comment: The dwelling fronting Hill Street has a setback of 3 metres from the

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Objective

Design Responses

north boundary and has a 5 metre setback from the southern boundary (common property accessway).

To ensure that buildings and Respect the predominant building height extensions do not dominate the in the street and nearby properties. streetscape.

Where there is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height.

Comment: The predominant building height is single storey. The proposal is for single storey dwellings with hip and gable roofing achieving overall building heights of 5 metres which is consistent with other dwellings in the area.

To use building materials and finishes In streetscapes where weatherboard that complements the dominant predominates, use timber or other nonpattern within the streetscape. masonry cladding materials where possible, and render, bag or paint brick surfaces. Use low, pitched roof forms.

Comment: Dwellings are a mixture of brick and weatherboard in the street. The proposed dwellings will be clad in brick. .

To maintain the openness of the Provide low or open style front fences. streetscape.

Comment: No front fencing is proposed.

Residential Amenity / Rescode The purpose of Clause 55 Two or more dwellings on a lot and residential buildings includes the need to achieve residential development that respects neighborhood character and provides reasonable standards of amenity for existing and new residents.

It is a requirement of Clause 55 that a development must meet all of the objectives of the clause and should also meet all of the standards.

Residents Objections The amenity issues raised by objectors are considered in more detail below: B21 Overshadowing The objective is to ensure buildings do not significantly overshadow existing buildings.

The standard requires that at least 40% of private open space receives a minimum of 5 hours of sunshine measured between 9am and 3pm on September 22nd.

The location of the development would mean that only a small part of the adjoining lot to the south east would be overshadowed by the development after 2pm. At 2pm the additional shade in the neighbouring property will be approximately 400mm on the ground. This would mean that the development would comply the ResCode standard.

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B24 Noise Impact The objective is to protect residents from external noise and contain noise in developments.

Of relevance to local residents' concerns is potential noise from the secluded private open space of dwelling 1 being adjacent to habitable rooms on the lot to the north. There is a standard in this clause which requires that noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjoining properties. This standard mostly relates to potential noise sources on existing, adjoining lots rather than the proposed dwellings.

The proposal has, however, been designed in a manner that limits exposure to noise sources from adjoining lots. During the consultation meeting the objector clarified that they were concerned about noise emissions from the future residents of the dwellings.

Revised plans were submitted showing a 2 metre high, solid timber paling fence to the northern side of the development to provide noise attenuation to the northern adjoining lot. Conditions will also be placed on any permit relating to the positioning of air conditioning units to minimize the impact on the adjoining properties.

B29 Solar Access to Open Space The objective is to allow solar access in the secluded private open space of new dwellings and residential buildings by provide open space to the north side of the dwelling.

Both proposed dwellings have their secluded private open space to the north of the dwellings.

Conclusion The proposal is consistent with the purpose, decision guidelines and standards of the relevant sections of the Planning Scheme. The proposal has demonstrated compliance with the areas raised by the objecting parties. It is concluded that the proposal complies with the Greater Bendigo Planning Scheme and a permit should therefore be granted.

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

Attachments â&#x20AC;˘

Objections

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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 the Subdivision of land into 3 lots and the construction of 2 dwellings at 61 Simpsons Road, Eaglehawk subject to the following conditions: 1.

NO LAYOUT ALTERATION The subdivision development permitted by this permit as shown on the endorsed plans or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

2.

COMPLETION OF LANDSCAPING Before the occupation of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

3.

LANDSCAPING MAINTENANCE The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

4.

GENERAL EXTERIOR TREATMENT The exterior treatment of the buildings permitted by this permit including all exterior decoration, materials, finishes and colours must be to the satisfaction of the responsible authority. The exterior treatment of the building(s) must be maintained to the satisfaction of the responsible authority.

5.

REFRIGERATION & AIR-CONDITIONING EQUIPMENT Any equipment required for refrigeration, air-conditioning, heating and the like must be suitably insulated for the purpose of reducing noise emissions and must be located so as to not be highly visible from the street to the satisfaction of the responsible authority.

6.

CONSTRUCTION PHASE All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the responsible authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.

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 and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include:

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(a) direction of stormwater run off (b) a point of discharge for each lot (c) independent drainage for each lot 8.

STORMWATER DETENTION Prior to the connection of any building to the responsible authority’s drainage system, 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 situation within the boundaries of the subject land. Such amount is assessed as $2,000 or such amount applying at the time of the payment.

9.

STORMWATER QUALITY Before the use or development commences, the owner or applicant must provide a stormwater treatment system to achieve the “Best Practice Environmental Guidelines” storm water quality (Victorian 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 acceptance 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 in its immediate catchment.

Such amount is assessed as $750.00 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 in condition 7 above.

11. SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEM Prior to the issue of a Statement of Compliance, the applicant/owner must enter into an agreement under section 173 of the Planning & Environment Act 1987.

Such agreement must covenant that: • The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction.

• Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots. Each system must be completed prior to connection to the responsible authority’s drainage system.

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• The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority.

• The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times.

• The Owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system.

12. CITY OF GREATER BENDIGO 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 & 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.

13. VEHICLE CROSSINGS Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve.

14. SEALED CAR PARK Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

15. USE OF CAR PARKING AREAS Areas set aside for the parking and movement of vehicles as shown on the endorsed plan must be made available for such use and must not be used for any other purpose.

16. PEDESTRIAN SIGHTLINES The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-8 of the City of Greater Bendigo Planning Scheme.

17. FENCING OF SITE The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority.

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18. NO MUD ON ROADS In the event of mud, crushed rock or other debris being carried onto public roads or footpaths from the subject land, appropriate measures must be implemented to minimise the problem to the satisfaction of the responsible authority.

19. PUBLIC OPEN SPACE CONTRIBUTION The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988.

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

21. 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.

22. 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. (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 and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System. (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 that 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 Energy Safe Victoria’s “No Go Zone” rules.

23. COLIBAN WATER (a) The applicant or owner is required to reach agreement with Coliban Water for the provision of reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets.

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(b) The applicant is to provide evidence to the satisfaction of Coliban Water that existing private water pipes and sanitary drains do not cross the boundaries between lots. Where modifications to pipes or drains are required in order to satisfy this requirement, all work is to be carried out in accordance with AS3500 National Plumbing and Drainage Code of Australia and the relevant requirements of Coliban Water. Works to modify Coliban Water assets may only commence with prior approval by Coliban Water. (c) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region Water Corporation. (d) All proposed sewers must be located at least 1 metre from an existing or proposed structure/boundary.

Telstra Note Approval does not cover alterations to existing Telstra plant or network. Locations of existing network can be obtained from Dial Before You Dig – Ph: 1100 For co-ordinated Telstra plant reticulation in this development, please refer to www.telstrasmartcommunity.com to register your development and apply for reticulation.

City of Greater Bendigo Asset Planning & Design Note A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve.

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, and (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 note 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 SUBDIVISION OF LAND INTO 2 LOTS - 9 FOREST DRIVE, ASCOT 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 9 Forest Drive, Ascot. Four neighbours have objected to the subdivision, principally because of concerns about drainage, neighbourhood character and amenity 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/334/2012 23 May 2012 Total Property Developments 9 Forest Drive, ASCOT Residential 1 Zone Design and Development Overlay 7 (Ascot Residential Area)

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Subject Site and Surrounds The subject site is located in an established residential area of Ascot. The site is generally rectangular in shape with an area of 3,262 square metres. A brick dwelling and double carport are located towards the front of the site. A shed is located along the eastern boundary. There are two access points (constructed of crushed rock) to the existing dwelling from Forest Drive. A wire netting fence is located along the common boundaries of the abutting neighbours. There are a few scattered trees located in the southeast and southwest corners of the site.

Services, including reticulated water and sewerage, power, gas and telecommunications are connected to the site. Forest Drive is sealed with open table drains. There is no paved footpath along the site frontage.

Forest Drive is comprised of lots that range in area from 1,000 square metres to 4,000 square metres. The dwellings in the area tend to be medium to large conventional detached family homes. The site is located within close proximity to the Epsom shopping centre and a number of recreational facilities.

Figure 1: Location map showing subject site. Objectorsâ&#x20AC;&#x2122; properties are marked with a star.

Proposal The applicant seeks approval to subdivide the land into two lots, with Lot 1 being 1,659 square metres and Lot 2 being 1,603 square metres. It is proposed to subdivide the rear yard off from the existing dwelling to create a new vacant lot suitable for a dwelling. The existing dwelling and associated shedding will be retained on Lot 1 and will utilise the existing access points, while Lot 2 will have a new access way via a six metre wide battle-axe driveway located along the western boundary.

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Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone and is affected by the Design and Development Overlay 7 (Ascot Residential Area). A permit is required to subdivide land pursuant to the zone and the overlay 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) Residential development (clause 16.01) 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) Infrastructure (clause 21.09) Reference documents (clause 21.10)

Local Planning Policies: •

Salinity and erosion risk policy (clause 22.04)

Other relevant provisions: • •

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

Consultation/Communication Referrals It is noted that a two lot subdivision does not trigger a referral to any external service authorities. The following internal departments has been consulted on the proposal: Referral

Comment

Drainage

No objection subject to standard conditions

Traffic

No objection

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Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising, four objections were received, with the grounds of objection being: •

Drainage issues;

•

Neighbourhood character issues;

•

Amenity issues;

•

Increase in traffic.

A consultation meeting was conducted however, the issues were not resolved.

The objections are discussed below.

Planning Assessment The key issues relevant to this application relate to drainage, amenity and neighbourhood character.

Drainage Issues A number of neighbours have expressed concern about the potential impact of local flooding in the immediate area as a result of the proposed subdivision. All the objectors state that the original drainage system in the immediate area was designed for a one in five year storm occurrence. The objectors identify a number of occasion, where the area has been significantly flooded after some major rain events.

After consultation with the objectors and the City’s Development Engineer, the applicant was required to undertake a flood modelling assessment of the area. The modelling was to investigate whether the construction of a dwelling on Lot 2 would impact on the future flood behaviour for the abutting neighbours.

The flood modelling assessment concluded that the site is marginally outside the main flood path. In the event of heavy rain, shallow pondages within the site are generally caused by the site runoff itself. The City’s Development Engineer agrees with the applicant’s modelling and has recommended that standard drainage conditions be placed on the permit. Any future localised flooding will not be exacerbated by the subdivision, because all stormwater on the proposed lots will be retained on site and discharged at a controlled rate.

Neighbourhood Character The site is affected by the Design and Development Overlay 7 (DDO7). The broad purpose of the overlay is to maintain the existing semi-rural neighbourhood character.

The particular design objectives of this overlay are: •

To provide for residential development that retains native vegetation;

•

To retain the low density residential nature of the area by providing lot sizes at a size greater than traditional urban standards; PAGE 91

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To ensure that subdivision enables new buildings to be integrated with their site and surrounding area.

There is a mandatory minimum lot size of 1,500 square metres within this area affected by the overlay.

The area is characterised by larger lots (1,000 to 4,000 square metres generally), dwellings with wide setbacks, a feel of open spaciousness and a backdrop for a variety of native trees, both on private property and on the road reserves. Gardens tend to be large with large native trees being a natural feature. The post and wire or wire netting boundary fences also contribute to the open spaciousness of the area.

The objectors are concerned that subdivision is not in keeping with the surrounding area.

The objectors believe that infill development is not appropriate in a semi-rural area like Forest Drive.

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

The frontage of Lot 1 to Forest Drive is generous, allowing adequate side setbacks.

Any future dwelling constructed on Lot 2 will be set back from general view to Forest Drive, and will be potentially concealed behind a dwelling constructed on Lot 1.

•

There will be no removal of vegetation from the site or the road reserve.

•

The proposed lot sizes meet the minimum lot size of 1,500 square metres and are generally in accordance with the lots in the area. The size of the new lots is adequate to maintain the semi-rural character of the area.

•

A new six metre wide access is planned for Lot 2. The driveway will run down the western side of the site. The generous width of the driveway has been planned to allow sufficient room for trees and shrubs to be planted along the common boundary with 11 Forest Drive. Any future plantings will contribute to the ambience of the site.

Overall, the two lot subdivision proposed will respect the design objectives of Schedule 7 of the Design and Development Overlay and won’t detract from the character of the existing streetscape.

Amenity The objectors believe that the future construction of a dwelling on Lot 2 will impact on the amenity and privacy of their properties. The objector at 11 Forest Drive is concerned that the proposed access to Lot 2 will be only 3 metres from their main bedroom. The creation of a battle-axe access to Lot 2 is likely to increase the traffic and therefore there will be some increase in noise levels experienced by the abutting neighbours to the west.

A small fernery is located between the objector’s dwelling and the common boundary fence. The proposed driveway to Lot 2 is 6 metres wide, which allows for a sufficient degree of separation from the abutting dwelling at 11 Forest Drive.

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The proposed subdivision will have minimal amenity impacts on all of the abutting neighbours due to the level of separation between the properties. The objectorsâ&#x20AC;&#x2122; properties are generally well screened from the subject site, due to the generous size of the lots. Garden trees are located near the common boundaries. Future plantings of trees along the common boundaries may further enhance privacy for the abutting neighbours.

Traffic Safety Issues The objectors are concerned that the proposed subdivision will present significant traffic safety issues for young children in Forest Drive, due to increased traffic movements.

The traffic likely to be generated by one additional residential lot amounts to approximately twenty traffic movements per day. These traffic volumes are acceptable to the City's Traffic Engineer. It is considered that one additional dwelling within Forest Drive will not cause any adverse impact on traffic safety.

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.

Removal of Trees The abutting neighbours to the east of the site are concerned that two large gum trees may be removed as part of the subdivision. In response to this concern, on the one hand, there is no trigger for a permit to remove native vegetation on the site. However, on the other hand, one of the design objectives of the DDO7 is to retain native vegetation. The applicant has stated that all significant native vegetation is to be retained. As mentioned earlier in the report, the area of Lot 2 is large enough to allow for the construction of a dwelling and outbuildings without the need for the removal of significant native vegetation.

Conclusion For the reasons above, it is considered that the proposed subdivision meets the requirements of 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 â&#x20AC;˘

Copy of objections

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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 9 Forest Drive, Ascot 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 accordance with the authoritiesâ&#x20AC;&#x2122; 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 $2,000 or such amount applying at the time of payment.

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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 $1,350 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 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 authorityâ&#x20AC;&#x2122;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.

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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 â&#x20AC;&#x153;worksâ&#x20AC;? (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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Proposed plan of subdivision.

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2.7 3 LOT SUBDIVISION - 61 BOOTH STREET, GOLDEN SQUARE Document Information Author

Liz Commadeur, Subdivision Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks approval for a three lot subdivision of the land at 61 Booth Street, Golden Square. One neighbour has objected to the subdivision, principally because of concerns about neighbourhood character, parking and traffic safety 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/814/2012 29 October 2012 J N Kaladis 61 Booth Street, GOLDEN SQUARE Residential 1 Zone Neighbourhood Character Overlay 1

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Subject Site and Surrounds The subject site is located in an established residential area of Golden Square. The site is generally rectangular in shape with an area of 1,090 square metres and has frontage to Booth Street and Wade Lane. A weatherboard dwelling and garage are located towards the front of the site. There is one access point to the existing dwelling from Booth Street and the rear of the site can be accessed from Wade Lane. A large eucalypt tree is located near the rear boundary of the site. The site slopes towards Booth Street.

Services, including reticulated water and sewerage, power, gas and telecommunications are connected to the site. Booth Street is sealed with kerb and channel. A formal footpath is located along the site frontage. Wade Lane is a narrow sealed lane with no kerb and channel along the site frontage. Parking of vehicles is not allowed along the eastern side of the lane, but is permitted along the western side of the lane.

Booth Street and Wade Lane are comprised of lots that range in area from 170 square metres to 1,200 square metres. The dwellings in the area tend to be small to medium homes and units. The site is located within close proximity to the Golden Square shopping centre, health services and a number of recreational facilities.

Figure 1: Location map showing subject site. Objectorâ&#x20AC;&#x2122;s property marked with a star.

Proposal The applicant seeks approval to subdivide the land into three lots, with the area of Lot 1 being 303 square metres, Lot 2 being 305 square metres and Lot 3 being 482 square metres. It is proposed to subdivide the rear yard off from the existing dwelling to create two new vacant lots suitable for a dwelling. The existing dwelling will be retained on Lot 3 and will utilise the existing access point off Booth Street. Lot 1 and Lot 2 will have a new access way off Wade Lane.

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The applicant submitted indicative plans showing that single dwellings can be appropriately located on Lot 1 and Lot 2.

A planning permit was approved on this site in 2007 for a three lot subdivision and construction of two dwellings. The permit has since expired.

Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone and is affected by the Neighbourhood Character Overlay 1 (Bendigo Early Settlement Residential Character). A permit is required to subdivide land pursuant to the 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) Residential development (clause 16.01) 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) Infrastructure (clause 21.09) Reference documents (clause 21.10)

Local Planning Policies: • •

Salinity and erosion risk policy (clause 22.04) Golden Square residential character policy (clause 22.15)

Other relevant provisions: • •

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

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

Comment

Powercor

No objection subject to conditions PAGE 101

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Referral

Comment

Coliban Water

No objection subject to conditions

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

Traffic & Design

No objection

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: •

Neighbourhood character;

•

Parking and traffic safety issues.

The objection is discussed below.

Planning Assessment The key issues relevant to this application relate to neighbourhood character and parking issues. The issues are generally concerned with Wade Lane rather than Booth Street.

Neighbourhood Character In relation to neighbourhood character, the site is located within Precinct 1 of the Golden Square residential character policy. The desired future character of this precinct is ‘to maintain and strengthen the heritage qualities and the distinctive characteristics of each streetscape’.

Booth Street and Wade Lane are comprised of lots that range in area from 170 square metres to 1,200 square metres. The types of housing in Booth Street are comprised of generally small to medium sized weatherboard and brick dwellings constructed prior to 1920. The types of housing in the northern part of Wade Lane were constructed since 1970, while dwellings in the southern section of Wade Lane tend to be older. The site abuts four units to the north and a single dwelling on a lot to the south. This abutting lot was recently approved for a two lot subdivision. The lots fronting the western side of Booth Street tend to back onto the eastern side of Wade Lane. These lots are generally hidden by high galvanised iron fencing along Wade Lane. Gardens tend to be small in size. Booth Street is a wide street and Wade Lane is a narrow lane.

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The proposal is to create three lots on a site that slopes towards Booth Street. The site has frontage to Booth Street, which will remain unchanged. The proposed lots fronting Wade Lane will each have a width of 10.27 metres. It is most likely that a large eucalypt tree located near the Wade Lane boundary will be removed in the future, to make way for a dwelling on lot 2.

The objector believes that the proposed sizes of Lot 1 and Lot 2 are not in keeping with the surrounding streetscapes. The objector states that the area is comprised of “mostly historically Victorian and Federation large blocks”.

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

The creation of two new lots fronting onto Wade Lane will not impact on the existing streetscape of Booth Street.

•

The Wade Lane streetscape has its own unique characteristics, which do not reflect general heritage qualities as stated in the character policy. The lots facing Wade Lane will allow for the construction of a small dwelling on each lot. This is in keeping with the small dwellings and units located in the northern part of Wade Lane. A similar type three lot subdivision was approved in early 2011 at 55 Booth Street.

•

Whilst the loss of the eucalypt tree from the site will undoubtedly alter the streetscape of Wade Lane to a certain degree, there is potential for the owners of the new lots to construct a dwelling and establish a garden which will respect the existing streetscape in the future.

•

The proposed lots sizes of 303 square metres, 305 square metres and 482 square metres are generally in accordance with the lots in the area.

Overall, the three lot subdivision proposed will respect the objectives of the Golden Square residential character policy and won’t detract from the character of the existing streetscape.

Traffic Safety and Car Parking Issues The objector is concerned that the proposed subdivision will present significant traffic congestion in Wade Lane, due to increased on-street parking and traffic movements.

The objector’s concern is heightened due to the narrowness of Wade Lane and the amount of vehicles that currently park in the lane.

On a practical note, the issue of visitor parking can be problematic in a narrow lane, particularly because vehicles are unable to park on the eastern side of Wade Lane.

However, there is room to park vehicles in the surrounding street network.

Both lots are sufficiently large enough to accommodate car spaces for any future dwellings that may be constructed on the lots, in accordance with Rescode standards. A building envelope restriction will be placed on Lot 1 and Lot 2 to allow tandem parking.

The restriction will result in the future construction of a garage on Lot 1 and Lot 2 being set back at least 5.5 metres. This allows for a better planning outcome in providing an extra off-street car space for each of the lots.

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The traffic likely to be generated by two additional residential lots amounts to approximately twenty traffic movements per day. These traffic volumes are acceptable to the City's Traffic Engineer. It is considered that two additional dwellings within Wade Lane will not cause any adverse impact on traffic congestion or safety.

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.

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

Attachments â&#x20AC;˘

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 three lot subdivision at 61 Booth Street, Golden Square 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 building envelopes on Lot 1 and Lot 2 with a setback of 5.5 metres from Wade Lane.

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.

BUILDING ENVELOPES The plan of subdivision must include a building envelope restriction in accordance with the endorsed plan. No garage may be constructed outside the building envelopes shown on the endorsed plan.

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4.

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.

5.

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.

6.

STORMWATER DETENTION Prior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge: : Q5= 6.8 l/s 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 $2000 or such amount applying at the time of payment.

7.

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.

8.

CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Kerb and channel and associated pavement works on the Wade Street Frontage (b) Underground drainage.

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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 authorityâ&#x20AC;&#x2122;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.

10. 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.

11. COLIBAN WATER (a) The applicant or owner is required to reach agreement with Coliban Water for the provision of reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region Water Corporation.

12. 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 Powercorâ&#x20AC;&#x2122;s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor. (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 PAGE 106

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the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System. (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.

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

14. 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.

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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Proposed plan of subdivision

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Proposed building restriction.

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3.1 INDEPENDENT REVIEW COMMITTEE - APPOINTMENT OF CHAIR AND COMMUNITY MEMBERS

(report to be tabled at the meeting)

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3.2 COMMUNITY ENGAGEMENT PLAN FOR THE INDEPENDENT REVIEW COMMITTEE Document Information Author

Tom Laurie, Principal Communications Adviser Peter Davies, Manager Executive Services

Responsible Director

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to seek Council support for a detail a Community Engagement Plan relating to the role of the Independent Review Committee, as part of the process for the Independent Review.

Policy Context Deliver responsible financial management and business planning practices to ensure long-term sustainability.

Background Information Council has determined to undertake an Independent Review of the City of Greater Bendigoâ&#x20AC;&#x2122;s operations. Public submissions will be sought by the Independent Review Committee as part of this process.

Previous Council Decision(s) Date(s): 19 December, 2012 At its meeting of 23 January 2013, Council resolved that a Community Engagement Plan be developed for the Independent Review Committee.

Report The terms of reference for the Independent Review Committee indicated that it is the responsibility of the Committee to call for public submissions and hear any submissions in conjunction with the consultant undertaking the review. It is in the context of the role of the Independent Review that this community engagement plan has been developed.

This is one part of the wider community engagement for the project. The reviewer has a broader responsibility for developing a community/staff/stakeholder engagement plan.

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Community Engagement Plan for the Independent Review Committee 1.

Situation analysis

The calling for public submissions provides an opportunity to promote Council’s commitment to community engagement, while highlighting the role of the Independent Review in looking at better and more efficient ways to deliver City of Greater Bendigo services and infrastructure.

The Review is aimed at assisting the City to identify improvements to: • • • • • • 2.

Council income and expenditure Quality of service delivery by Council Innovative strategies in management, staffing and structure of Council Prioritising of capital and major works Greater Bendigo’s economic development and Council’s role associated with it Council’s communication and community engagement strategies Community engagement objectives

To promote community engagement by encouraging members of the public to lodge submissions as part of the Independent Review process; to help inform the review.

3.

Target audience

Members of the public, staff and Councillors 4.

• • • 5.

• • •

Key messages: Council is keen to hear your views about the City of Greater Bendigo; what works and what can be done even better.

This is a unique opportunity for our community to have input into how the City of Greater Bendigo operates into the future.

Council is committed to the principle of continuous improvement and is keen to hear your ideas about how improvements can be made.

Spokespeople Chair of the Independent Review Mayor Cr Lisa Ruffell Chief Executive Officer Craig Niemann

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6.

Communications tools

When

Communication tools

What

Initial call for Media Release Initial media release from the Chair of the Independent Review encouraging members submissions of the public to lodge submissions. Media release should include how public Feb 16 submissions can be made and point to further details on the CoGB website. Send to (subject to all media, including monthly newsletters. timing of IRC meeting) Initial call for CoGB website and social Promote call for submissions on the CoGB website and corporate Twitter and submissions media Facebook accounts. Also promote via Yo Bendigo website and social media accounts.

Initial call for Staff newsletter, Intranet, Promote to staff the opportunity to lodge submissions. submissions CEO Bulletin, team meetings Initial call for Media interviews Proactively seek interview opportunities, including radio talkback, to promote the submissions public submission process.

Initial call for Newspaper advertising submissions Initial call for Radio advertising submissions

Initial advertisements calling for public submissions to be placed in the Bendigo Advertiser, Bendigo Weekly and McIvor Times.

Short radio advertising campaign aimed at encouraging people to have their say on the future of City operations.

Initial call for Newspaper websites submissions

Newspaper website advertising for the duration of the submission period (Bendigo Advertiser and Bendigo Weekly).

Initial call for Flyers submissions

Prepare one-page flyer for Councillors to hand out at public meetings, listening posts etc. Flyers can also be available at locations, including CoGB offices and libraries

Initial call for Fortnightly news update in Prepare and publish an article for the fortnightly news update in the Bendigo submissions the Bendigo Advertiser Advertiser.

Initial call for Letter

Formal letter to the Unions inviting a submission(s).

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submissions Midway through process Early March Midway through process

Media Release

Media release from the Chair of the Independent Review reminding people they have until set date to lodge a submission. Media release should include submission numbers to make it newsworthy.

Newspaper advertising

Newspaper advertisements reminding people of opportunity to have their say to be placed in the Bendigo Advertiser, Bendigo Weekly and McIvor Times.

Midway through process

CoGB website and social Promote call for submissions on the CoGB website and corporate Twitter and media Facebook accounts. Also promote via YoBendigo website and social media accounts.

Midway through process Near end of process Around March 21

Staff newsletter, Intranet, Promote to staff the opportunity to lodge submissions.

CEO Bulletin, team meetings Media Release Media release from the Chair of the Independent Review reminding people they have only a short period of time left to lodge submissions. Media release should include updated figures on submission numbers. Send to all media, including monthly newsletters. (Any submissions outside of the formal period will be considered).

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Conclusion of Media Release process End of March

Media release from the Chair of the Independent Review Committee thanking people who lodged submissions and providing details on the next steps. Should also include final submission numbers. Send to all media, including monthly newsletters.

Conclusion of Media interviews process

Proactively seek interview opportunities, including radio talkback, to highlight the next steps.

Conclusion of Fortnightly news update in Prepare and publish an article thanking people who lodged public submissions and process the Bendigo Advertiser providing details on the next steps. It is expected that submitters would also be able to seek how their contribution has been considered as part of the final recommendations.

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Evaluation Evaluate effectiveness of communications campaign using submission numbers, uptake of media releases and website and social media hits; quality of input, diversity of views, range of demographics that responded and geographic spread of responses.

Resource Implications Whilst a range of communication tools can be delivered at no cost eg: • • • •

media releases; Fortnightly news update Advertiser page; Greater Bendigo News; Web and social media;

advertising in newspapers, newspaper websites and radio will incur costs. This level of engagement will cost in the order of $4,500 for print media and $5,000 for radio being a total of $9,500. These costs will be charged to the review. The proposed budget for the review is $250,000.

Attachments Nil

RECOMMENDATION That Council refer the Community Engagement Plan for the Independent Review Committee, to the Committee and acknowledge the broader community, staff and stakeholder Community Engagement Plan to be developed by the Independent Reviewer.

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ECONOMIC DEVELOPMENT

Nil.

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COMMUNITY AND CULTURE

5.1 COUNCIL PLAN 2009 - 2013 (REVISED 2012) QUARTERLY REPORT ON PROGRESS (DECEMBER 2012/JANUARY 2013) Document Information Author

Dr Lyn Talbot, Corporate and Community Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose The purpose of this Report is to provide a second quarterly report on progress against the goal areas, strategies and actions set out in the Council Plan 2009-2013 (revised 2012).

Policy Context Council Plan 2009-2013 (revised 2012) Report The revised Council Plan 2009-2013 (2012 revision) was adopted by Council on 14 June 2012. The Council Plan identified the key issues to be pursued by Council over the current four years until June 2013, to meet the communityâ&#x20AC;&#x2122;s needs and aspirations as well as its own organisational activities. The measurable commitments detailed in the Council Plan Actions, are set on a yearly basis; this being the second quarterly report in the final year for the current Council Plan. Actions set out in the Council Plan generally document the new initiatives adopted by Council and those activities which are above and beyond daily service provision.

The Council Plan is based on four goal areas, each with strategic objectives and strategies. Each strategy has actions that are relevant for the current year. The four goal areas are: 1.

2.

3.

4.

Built and Natural Environment Economic Development Community and Culture People and Processes

Highlights from the past three months include:

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Major Projects • •

• • • •

Extension of the Bendigo Art Gallery – Construction is on track for completion at the end of 2013.

Library redevelopment - The construction program is continuing according to plan.

Governance arrangements and new programming for the redeveloped library are currently being developed. Applications are being lodged to philanthropic sources to meet the funding requirement.

Indoor aquatic facility at Kangaroo Flat – a community reference group has been appointed.

Airport redevelopment – Planning Scheme Amendment documentation is complete.

The Sandhurst Community Theatre project - Expression of Interest phase complete. Documentation is complete and all approvals have been secured.

Edward Street multi-storey car park- The second tenant, Coffee Club has commenced operations and parking utilisation is reported monthly.

Built and Natural Environment •

• • •

• •

• • •

CoGB is currently preparing documentation to support a funding bid for a bulk changeover of street lighting to approved energy efficient lights. The bid will potentially include 14 councils from the north and west of the state with CoGB as the lead. Central Victorian Greenhouse Alliance is supporting rural councils to develop their component of the bid.

‘Creating a Climate-resilient Southern Loddon Mallee Project - A desktop study’ has been completed to identify, investigate and provide detail about documented approaches to responding to the potential social impacts of Climate Change.

Delivery of the Community Energy Efficiency Program project has commenced with the technical specifications being developed for the first round of lighting upgrades.

To inform development of the Waste and Resource Management Strategy, several engagement opportunities were provided during November and December including listening posts, surveys, online postings combined with several communication actions such as project bulletins.

A review of all the actions of the Natural Environment Strategy has been undertaken, identifying activity against each of the listed actions.

The curator Bendigo Botanic Gardens has commenced employment and works are being conducted in Sam Gadd Centre to improve storage areas and the general work environment. Path network construction is also in progress with the removal of the old bird aviary included in these works.

A significant number of outstanding customer requests for tree maintenance works and tree planting have been completed as a result of committing additional funds from the Parks and Natural Reserves operating budget.

Processes to deal with new dog legislation including breeding and dangerous dogs have been developed and will be implemented when the new staff member commences.

The former Bendigo Advertiser property was sold in September 2012.

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Audits on all City of Greater Bendigo owned and managed buildings are ongoing but still only 60% of property audits have been completed due to other work commitments and demands. It is anticipated that by June 2013, 85% of Council owned or managed properties will have been inspected.

Economic Development • • •

• • •

• • • • • •

The Loddon Mallee Regional Strategic Plan is currently being reviewed by DPCD. The draft document will be reviewed by councils in January/February 2013.

The Victorian Open Road Cycling Championships have been moved to take place on 18,19 & 20 January 2013.

The following events have been secured in Bendigo in forthcoming months, in collaboration with private sector interests: National Alpaca Show, International Table Tennis Federation Oceania Cup for 2013-15, Victorian Country Basketball State Championships for 2013-14, The Jayco Herald Sun Tour for January 2013 and the Wiggle Bendigo Belter bike ride.

A smart phone application & digital applications that can be used for visitors to access Greater Bendigo information has been developed and is being tested.

Detailed planning in under way for the 2013 Bendigo Inventor Awards; a new staff member to be appointed will lead the process.

Work to enhance industry and post-secondary student linkages for work experience and possible work placement through "Goldfields Industries Horizons" is being advanced with presentations being undertaken by staff to identified business communities.

Planning for manufacturing and associated activities at the Marong Business Park is continuing with the Wildfire Report being completed and continuing negotiations with authorities and internal stakeholders.

The Farm Diversification Expo (an initiative of the Loddon Bendigo Rural Women's Network) was held on 14 September 2012. Over 150 women attended the event. The event evaluation data indicates that the Expo is valued Development of programs and events that maximise activation of the Hargreaves Mall has been undertaken in partnership with traders, including the Twilight Makers Markets.

Scoping activities for Review of the Economic Development Strategy have been completed and discussions with various stakeholders have commenced.

Bendigo Art Gallery continues to offer diverse programming that includes exhibitions of national significance.

The Capital Theatre Season for 2013 was launched successfully, including use of a new design palette for marketing purposes and launch of a new website.

Community and Culture • •

Terms of Reference for the NBN4Bendigo group have been endorsed and a consultant will be engaged to undertake this regional initiative subject to Federal and/or State Government financial support.

The CEO and other staff are involved in the development of the Regional Growth Plan - a key initiative of the Loddon Mallee Regional Strategic Plan.

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• •

• •

•

• •

• • • • •

• • •

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Discussions have been held with State Government representatives about ways to maximise the positive regional impacts of the Bendigo Hospital redevelopment.

A community development officer has commenced employment, who will work with local communities that have been the focus of the State Government's Neighbourhood Renewal Program to develop a Community Plan to guide their ongoing community engagement and development.

Greater Bendigo 2036 Reference Group members are currently recruiting potential 'thinking community' participants, who will take part in a highly interactive ‘thinking’ process over the next year.

A range of community planning activities have been supported including launch of the Junortoun Community Plan in December; the Axedale community survey has been completed and a revised plan is being drafted; the Marong revised community plan is being drafted from the results of a recent survey and a community survey is being sent to residents of Redesdale, in collaboration with staff from Mt Alexander Shire, and a community event to establish local priorities is planned for February 2013.

Small Township Engagement meetings were held across July, August and September. Options for combining Ward and Small Township meetings in future are being considered in light of the multi-representational Ward structures that have now come into effect.

The review of the Arts and Cultural Strategy has now commenced. This review will identify various opportunities to promote community engagement in arts and cultural initiatives.

The pilot Multicultural Ambassadors Program designed to promote stronger linkages between the City of Greater Bendigo and local Cultural and Linguistically Diverse communities has been deferred until further notice when external stakeholder consultation can be undertaken.

Ongoing collaboration is continuing with indigenous and other community stakeholders to support Aboriginal reconciliation and encourage respect, with the most visible activities being held during Reconciliation Week.

The Community Access and Inclusion Plan has been adopted by Council and the implementation phase is progressing.

The Violence Prevention Plan is being implemented as planned.

The development of the Safe Transport Space project at Howard Place is nearing completion, with landscaping works being undertaken prior to the launch scheduled for February 2013.

The Emergency Management Coordinator is currently exploring opportunities for volunteer based groups / organisations to complement existing emergency management structures and play a more active role in emergency preparedness and recovery.

The review of the Aged & Disability Services Unit has been undertaken and the report is being finalised.

More than 2,300 young people provided input into the development of the Youth Strategy. Data are being collated and a discussion paper will be prepared.

After positive evaluation of the short term case management pilot program designed to assist high needs aged care clients to become more self-reliant and independent, the Department of Health has extended the funding to continue the project until December 2013 and evaluate the outcomes.

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People and Processes • • • • • • • •

The first stage (audit phase) of the review of all community and recreational fees and charges policies is complete and work has commenced on Stage 2 (recommendations phase).

The tender for upgrade of the CoGB information server and storage facility has been awarded and will be implemented by June 2013.

Microsoft Office 2010 has been successfully installed across the organisation.

The scoping brief for review of the provision of telecommunications across the organisation will be distributed in mid-January.

A broad range of leadership training and staff development opportunities are being provided with the aim of fostering shared leadership values and building management capability.

The findings of the Customer Service Review are being implemented including holding workshops with each directorate with the aim of developing directorate strategic workforce development plans.

Guidelines have been reviewed and drafts of social procurement schedules for inclusion in tenders are being developed.

The Major Capital Works Budget Submission Policy was approved by Council in November 2012. An updated project management manual is being prepared.

Conclusion This second quarterly report for the financial year provides details of the many projects and activities that are ‘work in progress’ in accordance with the strategies set out in the Council Plan and the priorities agreed in the 2012-13 budget.

Where relevant, any impediments to progress actions have been documented.

The actions also document the significant investment of funds and human resources that are essential to ensure that Council decisions are based on sound planning and detailed background information, and that City of Greater Bendigo activities are compliant with best practice and audit requirements.

Resource Implications The activities that are documented here are in accordance with the actions set out in the Council Plan and the budget. There are no additional resource implications to report.

RECOMMENDATION That Council acknowledges the substantial progress against the objectives set out in the Council Plan.

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5.2 JUNORTOUN COMMUNITY PLAN Document Information Author

Lyn Talbot, Corporate and Community Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose To advise Council of the finalisation and launch of the Junortoun Community Plan.

Community Plans provide an important form of engagement in the various Small Town communities across the municipality and for a number of the distinct neighbourhoods within the City of Greater Bendigo. In each locality the plan provides an important connection between the City of Greater Bendigo and the people in the different geographic communities.

Policy Context Council Plan Reference: Preparation, review and renewal of the Greater Bendigo ‘neighbourhood’ community plans relates to the annual action from the Council Plan 2009-2013 (Updated 2012) to ‘Support the preparation, implementation, evaluation and review of Small Town and Neighbourhood Community Plans’. This action falls under the strategy ‘use meaningful and effective communication and engagement with all sectors of the community as an input to decision-making’ and sits within the Goal Area of 'Community and Culture'.

Background Information Greater Bendigo 2036: Council made a strong commitment in 2005 to support the development of community plans, including the Greater Bendigo +25 Community Plan which set a long-term agenda for the whole municipality. Following this, a process was commenced to support each of the eleven small towns to develop their own 5-year community plan. State Government funding support for the +25 initiative hasn’t been continued, but the City has continued to endorse the provision of resources for plan preparation and implementation, including the development of community plans in a number of neighbourhoods within the City boundaries.

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The Greater Bendigo 2036 Community Plan was completed in 2011. It builds on the original Greater Bendigo +25 Community Plan and sets out an updated, long-term (25 year) vision by the community. One recommendation in that plan was to ensure that local community plans continued to have significance and resonance in various Council discussion forums. Greater Bendigo 2036 identifies a community priority to "Plan strategically to foster community inclusiveness" and “Provide genuine opportunities for public input into locality plans before they are finalised, to overcome the perception of tokenism”. The Greater Bendigo 2036 Community Plan is referred to in the current Council Plan as a major document providing input into the yearly revision.

In recent years a number of neighbourhoods have been supported to develop community plans, including Kangaroo Flat, Eaglehawk, Strathfieldsaye and Maiden Gully.

The Junortoun Community Planning process was commenced following a ‘listening post’ convened by Councillors Lisa Ruffell and Keith Reynard in late 2011. Community members were supported in their wish to develop a plan as an important step towards securing development of the necessary infrastructure and building local community capacity in this rapidly growing area.

Report A local working group was formed which worked consistently to ensure a comprehensive process was undertaken. The Community Plan Working Group provided a range of different opportunities for community members to have their say about what is important for the future development of Junortoun, including an information session, a number of group meetings and a priorities workshop. There was a very good response to the survey and community discussions.

The major themes or goals to arise from community feedback were: • • • • •

the desire for a strong sense of community; increased community facilities to meet the needs of a young and growing community; future planning and infrastructure needs, especially in relation to land use planning and provision of services; sport and recreation opportunities, including improved links with Strathfieldsaye and a greater range of active and passive recreation facilities locally, and overcoming some local transport issues.

Specific actions relating to each of these goals have been set out in the plan. Achieving these goals will be the basis of action by working teams to be led by Junortoun community members.

Consultation/Communication In addition to regular community meetings, four bulletins which outlined the activities being undertaken and the findings of consultation activities, were sent to every residence and business in Junortoun during the process. These activities were supported by the City of Greater Bendigo and the Strathfieldsaye Community Enterprise Foundation. The planning group will undertake further engagement activities during 2013 to ensure the working groups are inclusive and viable, and interested organisations are aware of the plan.

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The Junortoun Community Plan was launched at a community event on Friday 12 December 2012.

In the past, each new or revised community plan has been endorsed by Council to be used as a primary document of advice regarding identified community priorities, and with regards potential funding opportunities.

Conclusion The Junortoun community has delivered a comprehensive community plan that will contribute in a strategic manner to the prosperity of the City of Greater Bendigo in an ongoing way. It provides a structured mechanism for successful partnerships to form between the Junortoun community and organisations with an interest in the development of Junortoun, including the City.

Resource Implications Resource implications for the implementation phase of the Junortoun Community Plan are as follows: â&#x20AC;˘ The Cityâ&#x20AC;&#x2122;s Strategy Unit has a role in creating awareness about the plan, assisting reporting on progress of achieving the goals of the Community Plan and assisting with its review and renewal when appropriate. This will be achieved within the existing budget.

Attachments 1.

Junortoun Community Plan

RECOMMENDATION That Greater Bendigo City Council: a. Acknowledge the finalisation and launch of the Junortoun Community Plan; and b. Endorse the principle that City of Greater Bendigo involvement in the Junortoun area be guided by goals set out in the Junortoun Community Plan.

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5.3 RESPONSE TO GOLDEN SQUARE SWIMMING POOL PETITION Document Information Author

Patrick Jess – Manager, Active & Healthy Communities Lincoln Fitzgerald – Active Communities Manager (Acting)

Responsible Director

Pauline Gordon – Director Community Wellbeing

Summary/Purpose Council recently received two petitions relating to the closure of the Long Gully and Golden Square Swimming Pools.

This report provides a response to the petition submitted by members of the Golden Square community.

The report provides options and officers recommendation for Council to consider in response to the Golden Square petition.

A further report will be developed in response to the Long Gully pool following the outcomes of a community meeting scheduled for the 25thFebruary, 2013.

Policy Context This report relates to many objectives of the Council Plan including planning for the future, developing public spaces and developing partnerships with other levels of government.

Council Plan Reference Council Plan 2009 – 2013 (updated 2012) Strategy 1.7 Develop and enhance public places, open spaces and recreation facilities to meet community needs.

Strategy 1.11 Continue to implement initiatives to maintain and provide physical assets and infrastructure to meet community and organisational needs.

Strategy 3.3 Use meaningful and effective communication and engagement with all sectors of the community as an input to decision making.

Strategy 3.10 Encourage and facilitate opportunities for active and incidental sport and leisure activity for all ages and abilities.

Strategy 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.

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Strategy 4.4 Provide quality customer services that respond to the needs of the whole community.

Strategy Reference: In December 2010 the City of Greater Bendigo adopted an Aquatic Facilities Strategy.

The Strategy included recommendations to close, replace and upgrade a number of facilities as well as the development of new centres. Closure of the Golden Square swimming pool was a recommendation of the Strategy.

Regional Strategic Plan Reference: This report aligns to the priorities of both the Northern and Southern Regional Strategic Plans particularly in relation to strengthening regional communities.

The Southern Regional Plan within which Bendigo is contained includes a key initiative (2.21) to continue to invest in regional recreation infrastructure and programs to boost liveability and community connectedness.

Background Information Previous Council Decision(s) Date(s): At its meeting on 1 December 2010, Council adopted a suite of recommendations in order to achieve a sustainable municipal wide Aquatic Strategy that intends to provide a mix of aquatic opportunities across Bendigo. One of the recommendations included the closure of Golden Square pool once the Kangaroo Flat Aquatic Facility commenced.

Council also received a report on 14 November 2012 recommending permanent closure of the Long Gully and Golden Square Swimming Pools due to low attendance, facility condition and excessive operating costs. These closures were considered in light of the ongoing requirements for all pools, and as an attempt to deliver the aquatic season within the 2012- 2013 allocated budget provision for the maintenance and operations for the remaining eleven pools.

As the Aquatic Strategy stated it was initially intended to operate the Golden Square Pool until construction of the Indoor Aquatic Leisure Centre at Kangaroo Flat commenced, even though a number of non-compliance orders had been issued on the pool in the 2011-2012 season.

However, in 2012, it became apparent to officers that maintenance requirements were increasing for all Councilâ&#x20AC;&#x2122;s thirteen pools, some requiring a greater degree of maintenance than others. The 2011-2012 season saw a number of non-compliances of Councilâ&#x20AC;&#x2122;s pool facilities and officers, together with the Bendigo Regional YMCA (where relevant) as the existing contractor of 7 pools, other Committees of Management, Work Safe and external risk consultants visited the various sites to ascertain the overall level of works required to maintain pools into the future.

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During the 2011- 2012 season, a number of pools were closed due to Notices issued for health and safety reasons. These closures included Golden Square, Long Gully, Heathcote and Marong and added another level to the community’s frustration in their ability to access pools. Despite rigorous attempts to make the pools safe for continued operations, the reality was that it was costing more to “make good” pools such as Golden Square and Long Gully given the associated leakage issues due to the ageing assets and a lack of funds for high level maintenance, with the Long Gully Pool closing for more days in 2012 than it was open.

Heathcote also experienced significant closures as a result of damage to underground pipes but was able to be reopened following maintenance and repairs. The City of Greater Bendigo organised bus services for the Long Gully and Heathcote communities last season so that the community could be transported to other pools as an alternative.

There was very little take up of the service, despite being advertised to the broader community.

Following the 2012 consultation, officers re-scoped the requirements for the management operations of the pool facilities in an effort to address improved efficiencies in operating and reporting requirements and maintenance for future years. However, upon receipt of tenders for the management of the City’s suite of pool facilities for the 2012/13 season, proposals were far in excess of the allocated aquatic budget.

The competing demands currently facing the CoGB in this current financial year include the impact of the defined benefits call and a 1% efficiency target. This required officers to consider other ways of being able to launch the season and provide Council with the option to continue to provide quality aquatic services to the community within budget. It was not prudent to seek further funds for operations and maintenance given the tight fiscal pressures already imposed and with a new elected council with a platform of savings and efficiencies.

In order to achieve the launch of the season for the remaining pools officers renegotiated a variation to the existing contract with the Bendigo Regional YMCA for pools in its management and continued to work with the relevant Committees of Management to get the season off to a good start.

Council had previously adopted to close the Long Gully and Golden Square Pools once the new Kangaroo Flat Aquatic Centre was developed. As this resolution had been previously endorsed following rigorous community engagement as part of the Aquatics Strategy and with the further approval in 2012 by Council to progress the planning of the Kangaroo Flat Aquatic facility and the development of a Water Splash Play Park for Long Gully in the 2013/2014 budget, it was viewed by officers that the community were clear on Council’s direction and that it could continue operations of its remaining pools within reasonable parameters of its budget with little impact if these two pools were not opened for the current season.

The previous resolution of 14 November included:

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That Council: 1. Recognise the importance of aquatic facilities to the Greater Bendigo community, 2. Permanently decommission the Long Gully and Golden Square Swimming Pools, 3. Establish a Long Gully Task Force to advise the City on the design of a water play splash park at Long Gully Recreation Reserve, 4. Allocate funds as part of the 2013/14 budget for the salvage and rehabilitation of Long Gully and Golden Square Swimming Pool sites, 5. Allocate as part of the 2013/14 budget for the construction of a water splash play park at Long Gully, and 6. Allocate funding as part of the 2013/14 budget for the development of a Recreation and Open Space Master Plan including the Golden Square Swimming Pool site, walking track, recreation reserve and Bowling / Croquet Club.

Progress against the resolution prior to Receipt of Community Petitions: The following is a progress update on the points listed above prior to receipt of the two community petitions: 1. The City of Greater Bendigo continues to recognise the importance of aquatic facilities 2. A site salvage assessment has been undertaken to determine which items of plant and equipment are suitable for reuse. Chemical control units and cash registers have been removed for reuse at other operating facilities.

3. To broaden the existing Long Gully Task force representation, Expressions of Interest have been advertised and some submissions received.

4. To be prepared as part of the budget submission process.

5. To be prepared as part of the budget submission process.

6. To be prepared as part of the budget submission process.

At its meeting of 19 December 2012 Council received a petition containing 1,017 signatures from concerned residents in the Golden Square area objecting to the proposed closure of the Golden Square Swimming Pool outlined as follows: "We the undersigned are concerned residents who urge the City of Greater Bendigo Council to reverse their decision to close the Golden Square Swimming Pool. This is a community facility which provides huge benefits to the residents of Golden Square. It should not have to make a profit and should be funded by the City of Greater Bendigo”.

“It provides summer activities for people of all ages and is used by many school groups.

Council have gradually reduced the opening hours of the pool and then claim low attendance figures. We should not have to be dependent on cars for our recreation activities".

Council carried the following motion “That the Golden Square Swimming Pool not be demolished or removed until such time as the eight (8) questions submitted on behalf of the attendants at the public meeting held on 10 December, 2012, have been addressed and a decision made by the Council as to the future use of the land”.

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Council motion from meeting 23 January 2013 1.

That the petition be received and a report be prepared in conjunction with the response to the petition regarding the Golden Square Swimming Pool at the next meeting of Council.

2.

That it be noted that the engineer's report on all swimming pools is available on the website.

3.

That a meeting with petitioners be held on 25 February, 2013, to discuss the swimming pool and proposed splash park.

4.

That the decommissioning be put on hold until discussions are completed with the community.

Report Since the adoption of the 2012/2013 budget, the City invited tenders to operate a number of swimming pools including Golden Square. However, upon receipt of tenders for the management of the Cityâ&#x20AC;&#x2122;s suite of pool facilities for the 2012/13 season, the tenders received from interested contractors were far in excess of the allocated budget or estimated cost, and therefore were unable to be awarded or negotiated to an acceptable sum. Officers were forced to consider other ways of being able to continue the season and provide Council with the option to continue to provide quality aquatic services to the community within budget. In order to achieve this, officers renegotiated a variation to the existing contract with the Bendigo Regional YMCA for pools within its responsibility for the 2012-2013 season. The variation does not address the additional maintenance requirements and funding for any of the pools and as a result, many of these pools are still under par with what is considered a desirable level of maintenance by the community. This was confirmed when Councillors conducted an inspection of the pools on the 29th and 31st January.

The report of 14 November 2012 therefore proposed to deviate from the Aquatic Strategy so that the Golden Square and Long Gully Swimming Pools be decommissioned prior to the 2012/13 summer operating season to allow other more utilised facilities to operate.

Earlier closure of the Golden Square pool was a much harder issue for officers to recommend, for all the reasons that the community have cited in recent media.

The decision to close the Golden Square and Long Gully Swimming Pools was not taken lightly and was necessary due to a number of factors about all Councils facilities including low attendances with the lowest being Long Gully and Golden Square recording the lowest at a 50m facility , high cost of operating, poor condition of major assets, limited ability to meet current Public Health and Wellbeing or Occupational Health and Safety legislation.

The Golden Square Swimming Pool was proposed to close as part of the Aquatic Facilities Strategy adopted in 2010 upon construction of a new indoor aquatic facility at Browning Street, Kangaroo Flat.

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Golden Square Swimming Pool is approximately 2.6km from the proposed Browning Street site via the Bendigo Creek Linear Trail (walking / cycling) and 2.8km from Bendigo Aquatic Centre. Golden Square is serviced by two bus routes which will allow access to the Bendigo Aquatic Centre. Routes 1 and 2 service Golden Square and generally services run every 30 minutes weekdays and 60 minutes on weekends. These factors were considered when officers provided their recommendation to Council.

Prior to the report being presented to Council at their first meeting in November, consultation occurred with the Bendigo Regional YMCA as the current service provider to understand if there would be any major impacts based on the previous yearâ&#x20AC;&#x2122;s usage. The YMCA confirmed that school holiday programs formed the bulk of attendance at Golden Square and that these programs could be easily relocated to other pools.

Receipt of tenders and acknowledgement that officers were not going to be able to continue down their preferred course of action of awarding a contract to get all pools operational combined with local government elections and the need to seek a decision from the new council to expedite works to get the pools opened for the season, all contributed to a quick turnaround.

Council had previously adopted to close the Long Gully and Golden Square Pools once the new Kangaroo Flat Aquatic Centre was developed; a decision that involved rigorous community engagement as part of the adopted Aquatic Strategy and the further endorsement by Council to commence the planning of the Kangaroo Flat Aquatic facility and the approval to allocate funds towards a Water Splash Play Park for Long Gully in the 2013/2014 budget.

Until receipt of the tenders, officers had been confident that both pools, but more particularly the Golden Square pool could remain open with significant efforts put into its maintenance.

Golden Square Community Meeting Questions At a community meeting held 10 December 2012 attendees raised a number of questions and requests which were submitted with their petition. Below is each question and an officer response.

1. We request to have a copy of the engineers report and any associated costing documents.

The Technical Audit conducted in 2009 has been uploaded onto Councilâ&#x20AC;&#x2122;s website and is available for download. This report includes a listing of works which will maintain the current facilities and an opinion of probable costs.

2. The Community have indicated their concerns about a perceived longer term plan of Council attempting to run the pools down.

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Pools require significant injection of funds to maintain them at an optimum level and often very little is seen in return for this investment. An example of this occurred in 2009, when $1 million was spent on maintenance though much of this was in drainage and plumbing works. There is no long term plan to attempt to run the pools down. The reality is there are a large number of ageing facilities that all require continued maintenance to operate, whether it is pools, senior citizens centres, preschools and the like. In recent years the request for funding for aquatics has not been high against all other council priorities, hence now reaching a stage where this has become a major issue.

3. We request that Council obtain a second opinion from an independent professional engineer to assess a) what is required to get the pool to a current operating standard and b) to a standard where it could be operated long term. We believe that Mr Colin Nankervis from Allied Consultants has experience in this area.

The current and independent technical audit document was completed in 2009 by a Civil Engineer with over 40 yearsâ&#x20AC;&#x2122; experience. Qualifications of the engineer include:

Diploma of Civil Engineering â&#x20AC;&#x201C; Caulfield technical College Bsc ( Eng )â&#x20AC;&#x201D;University of New South Wales M Eng sc-- University of New South Wales Building Surveyor (not currently registered)

In 2011 the independent engineer also completed the report that informed the rehabilitation of the Chewton Swimming Pool reversal by the Committee of Management.

If a second and more detailed opinion were sought, a specialist Aquatic Engineering opinion would be recommended rather than another Civil Engineer.

If further detailed information were required, core samples (for concrete strength and consistency), fero-scans (for size, condition and presence of reinforcing) and hydraulic reports (of water circulation rates) would be advisable as this information would provide a basis from which to recommend what type of rehabilitation would be most appropriate.

Following this a quantity surveyors estimate should be obtained to more accurately determine costs associated with refurbishment.

To obtain this information the pool would be drained, core tested and sent to labs for testing. The pool would then require to be repaired and refilled to ensure ground movement did not cause further damage to the main pool shell. Officers obtained advice that the cost to undertake this testing, prepare a comprehensive report and reinstate the pool would be in the order of $30,000 per site and would require around 6 months to prepare. This time lapse is due to current workloads associated with the summer swimming season.

The consultant also conducted another on site visit to Golden Square on Wednesday 30 January and communicated that the pool was in a much greater deteriorated state than he expected it to be.

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4. To allay public perception about rumors that the Council was / is communicating with other sporting clubs over the closure of the pool. If this is not correct could Council issue a public statement to this effect. We note the comments made on 14 November Council Meeting Agenda page 139 under Timelines re recreation reserve, walking track and bowling / croquet club.

No communication about the future use of Golden Square Swimming Pool site has been undertaken with the existing sporting users of the recreation reserve. If the swimming pool were to close, consultation about the best and highest use of the site would be discussed with both the local community and user groups of the site as part of developing a master plan for the precinct.

5. We request Council quantify the range of Significant investment for 10-25 years as noted on page 136 of the Agenda.

The significant investment indicated within the Council report of 14 November 2012 advises that costs would be between $2.5M - $4.0M. This is due to the different rehabilitation options available. That is, a new concrete shell would be more expensive than a PVC lining but would provide a longer life span of up to 50 years. In addition to the main pool, the change facilities, kiosk and plant / chemical areas require improvement.

Contamination, design and scope/scale of redevelopment will determine the final cost of these works.

Until a scope of works is finalised, it is not possible to provide Councillors with an accurate cost for rehabilitation as this in itself would require another piece of work 6. Re page 139 of the Agenda, what are the significant risks associated with chemical delivery?

Currently chemical delivery, handling and storage is a risk to the operators and environment. The Golden Square Swimming Pool does not have a chemical delivery bund. A bund is a protective casing that prevents spilled chemical from escaping the delivery area and into the adjacent creek, public walking trail and soil. The chemical delivery vehicle must also be within sight of the bulk chlorine storage tank in the event of an overflow. For practical reasons this would require the bund to be installed at the deep end of the main pool. This would have a significant negative impact on the amenity of the site and the available space at the site.

The current chemical storage facilities are non-compliant according to Work Safe Victoria standards. All chemicals are stored together and do not have any spill protection. In addition, the electrical switchboard is located in the chemical storage area and would require relocation and upgrade.

The existing chemical shower and eyewash is non-compliant due to its location and direct access from chemical areas. This shower should be relocated and a foot operation peddle installed.

7. Re page 139 â&#x20AC;&#x201C; External Consultation. Please advise what the consultation program was in regard to the Golden Square pool.

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Consultation occurred as part of the Aquatic Strategy adopted by Council in December 2010. Officers acknowledge the community was not consulted regarding the decision to close the pools prior to the construction of an Indoor Aquatic Leisure Centre in Kangaroo Flat. Given the timelines of receiving the tenders in relation to the pending pool season, decisive action was required to ensure the broader community had access to outdoor aquatic facilities for the 2012/13 season whilst still remaining within Councils allocated budget.

8. What Work Safe reports have been made on the pool Work Safe identified issues surrounding confined space, potential to fall into the balance tank within the plant area and chemical storage. To avoid breach of the Provisional Improvement Notice (PIN) the City of Greater Bendigo has rectified these issues.

It should also be noted that a number of other occupational hazards have been identified as part of the Cityâ&#x20AC;&#x2122;s Insurance Audit. The most significant items from the audit include the presence of friable asbestos shelving and an expired bulk chlorine tank.

If Council resolves to operate this facility in the future, an independent Life Saving Victoria Safety Audit is recommended.

9. That this public meeting of the Golden Square community call upon the City of Greater Bendigo not to de commission the plan, buildings and equipment of the Golden Square and Long Gully Pools and to meet with a delegation of concerned residents to explore options to re-open the pools for the 2013/14â&#x20AC;&#x2122; Given that the Council and the Community had adopted the closure of the Golden Square and Long Gully Swimming Pools in previous decision making officers calculated that the other pools could operate with existing funds with the early closure of these 2 pools.

At the Council meeting of 19 December 2012 upon receipt of the petition, Council resolved: That the Golden Square Swimming Pool not be demolished or removed until such time as the eight (8) questions submitted on behalf of the attendants at the public meeting held on 10 December, 2012, have been addressed and a decision made by the Council as to the future use of the land.

Priority/Importance: The closure of the Golden Square pool is not considered lightly prior to the proposed construction of a new Indoor Aquatic Leisure Centre in Kangaroo Flat. However, urgent works and significant funds are required in order for the Golden Square facility to be compliant and for all other pools to remain compliant. Considering the community has committed its time to submit a petition, and the impact Councils decision may have on other aquatic facilities and the broader Council budget, officers consider this report of high priority and importance.

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The financial cost to return the pool to an acceptable standard is considerable in light of Councilâ&#x20AC;&#x2122;s overall capital works program for renewals and upgrades and when considering the needs of other pools, their ongoing maintenance requirements and that of all other recreational and community pursuits within the community. Council has the unenviable task of having to make a difficult decision about where its limited capital funds for renewals and upgrades are allocated across a range of functions including but not limited to roads, community facilities, open space, recreation and preschool facilities to name a few.

Options/Alternatives: There are a number of options for Council to consider in response to the petitions.

The following is a list of works which should be undertaken prior to the proposed reopening of Golden Square Swimming Pool. These items relate to Occupational Health and Safety (OHS), basic maintenance and compliance only and do not represent service improvements.

Issue No chemical delivery bund No chemical storage bund (dry chemicals) Bulk Chlorine bund 2,000L

Identified Risk OHS and environmental spill OHS and environmental spill

Non-compliant with crest locust limit Electrical switchboard co- OHS and Fire risk located with chemical storage No backflow prevention Potential contamination of potable device water supply Pool leaks Environmental contamination and water waste Dump shower foot pedal No chemical handling equipment Friable asbestos shelving Chemical separation of Acid and Chlorine products Backwash water connection to sewer outlet

Opinion of Cost $45,000 $3,500 $23,000 $14,500 $2,650

OHS OHS, PPE Equipment Only

Further Investigation Required at a cost of $4,000 $1,600 $450

OHS OHS

Included in Above

Compliance. Estimate dependent $40K on sewer size in relation to water flow from filters, sewer location and length of pipe required MSDS Updates OHS Nil Operations Manual $2,500 Painting of the swimming Asset protection (3 yearly) $20,200 pool Swimming pool signage: Compliance with Life Saving $2,500 diving, depths, shallow, deep, Victoria GSPO running Pump service and Maintenance issue due to age. $4,050 assessment. Possible need for replacement.

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Secure pump in position Purchase and installation of a pre strainer DSR automatic chlorine controller Address water turnover rate TOTAL

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Asset protection $9,500 Asset protection for the pump $8,500 from material Removed and utilised at White $10,200 Hills Swimming Pool $100,000 $292,150

It should be noted that these works are essential only and do not address items such as disability discrimination act requirements or service improvements.

If a Committee of Management were to operate and manage the facility, Council should expect an operating expense of approximately $50,000 per financial year with the pool operating for approximately 3 months of the year.

Should Council continue operation of the Golden Square Swimming Pool, it is recommended the City commission a Life Saving Victoria audit to determine the exact extent of works required to continue operating in a safe and compliant condition.

Following this, the City should call for quotes from qualified personnel to determine the exact cost of the required works.

Option 1 a.Include the Golden Square Swimming Pool as part of the management contract for the 2013/14 season, b.allocate necessary funds in the 2013/14 Council budget to include the Golden Square Swimming Pool in the management contract, c. allocate the necessary budget and undertake minimum maintenance, safety, and compliance requirements to commence operating the pool for the 2013 / 2014 season, with the view to decommissioning the pool during the construction of the proposed Indoor and Aquatic Leisure Centre at Kangaroo Flat, and d.notify the submitters of Councilâ&#x20AC;&#x2122;s decision.

Option 2 a.Assist the Golden Square community in forming a Committee to operate and manage the Golden Square Swimming Pool for the 2013/14 season, b.allocate necessary funds in Councils 2013/14 operating budget to contribute to operating costs of the Golden Square Swimming Pool, c. allocate the necessary budget and undertake minimum maintenance, safety, and compliance requirements to commence operating the pool for the 2013/14 season, with the view to decommissioning the pool during the construction of the proposed Indoor and Aquatic Leisure Centre at Kangaroo Flat, and d.notify the submitters of Councilâ&#x20AC;&#x2122;s decision Option 3 a.Proceed with the permanent closure and demolition of Golden Square Swimming Pool,

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b.allocate funding as part of the 2013/14 budget for the development of a Recreation and Open Space Master Plan including the Golden Square Swimming Pool site, walking track, recreation reserve and Bowling / Croquet Club, and c. notify the submitters of Councilâ&#x20AC;&#x2122;s decision.

Timelines: If the Golden Square Swimming Pool was to operate in the 2013/14 summer, the season would commence Sunday 1 December 2013 and conclude Sunday 9 March 2014.

If Council resolves to decommission the Golden Square Swimming Pool site, planning for the future use of the swimming pool site will be required. Officers would also prepare a budget submission for consideration to fund the salvage, site clearing and restoration. In addition to this a budget submission would be submitted to undertake master planning at the Golden Square site.

Risk Analysis: The City of Greater Bendigo has the highest number of public swimming pools in Victoria. The 13 pools include 1 x 50m indoor leisure centre at Eaglehawk, 2 x outdoor 50m heated swimming pools at East Bendigo and Bendigo Aquatic Centre, 2 x outdoor 50m swimming pools at Brennan Park and Golden Square, short course swimming pools at Kangaroo Flat, Long Gully, Marong, White Hills, Elmore, Goornong, Heathcote and Raywood. In addition to these 13 facilities there are a number of other private swimming schools and hydrotherapy facilities available.

Most of the public swimming pools are either near or past their expected asset lifespan and will require significant investment over the coming decades.

The Golden Square Swimming Pool is an aged facility with many difficult operating design faults.

The consultant conducted another on site visit to Golden Square on Wednesday 30th January and communicated that the pool was in a much greater deteriorated state than the original inspection in 2009.

To operate this facility safely will require investment in significant maintenance and an increase in the operating cost to remove public risks associated with chemical delivery.

An additional risk is Councils capacity to deliver upon Aquatic commitments adopted in previous Council reports. Council officers have been approached by Community members seeking assurance that should funding be allocated to continue operating the Golden Square Pool, that this will not hinder Councils commitment in developing an Indoor Aquatic Leisure Centre at Kangaroo Flat, and that the size and scale of the proposed facility will not be impacted.

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Consultation/Communication External Consultation: Prior to the report being presented to Council at its first meeting in November 2012, consultation occurred with the Bendigo Regional YMCA as the current service provider to understand if there would be any major impacts based on the previous yearâ&#x20AC;&#x2122;s usage. The YMCA confirmed that school holiday programs formed the bulk of attendance at Golden Square and that these programs could be easily relocated to other pools.

Further consultation did not occur in late 2012 specifically to close the pool early due to timing and the fact that Council had previously adopted to close the Long Gully and Golden Square Pools once the new Kangaroo Flat Aquatic Centre was developed, a decision that involved rigorous community engagement as part of the Aquatics Strategy and the further endorsement by Council to commence the planning of the Kangaroo Flat Aquatic facility and the approval to allocate funds towards a Water Play Park for Long Gully in the 2013/2014 budget.

In the lead up prior to lodgement and following receipt of the petition, officers have attended three community meetings.

The first meeting, held 3 December 2012 officers attended to answer any queries about pool operations, explain the rationale for Council deciding to close the pool prior to development of the Indoor Aquatic Leisure Centre at Kangaroo Flat and assist with advice about what would be required to establish a committee.

Officers again attended a meeting on 10 December 2012 and at the community meeting held Monday 21 January 2013, meeting attendees voted to pursue forming a Committee in the hope Council would appoint this Committee to manage and operate the Golden Square Swimming Pool for the 2013/14 season.

A further meeting was held on Monday 4th February onsite at the Golden Square pool between community members, Councillors and officers.

Officers have also sourced further advice from the original consultant who met with Council on the 30th January to answer any additional questions and attend an onsite visit of the Golden Square pool. The consultant also conducted another on site visit to Golden Square on Wednesday 30th January and communicated that the pool was in a much greater deteriorated state than he expected it to be.

The Golden Square Community have communicated that they are in a position to form a committee to manage the pool if Council were to undertake the necessary works required in order to have it operational for the 2013- 2014 season.

A further 21 people have expressed interest in being part of a Committee in addition to the numbers already listed, and 59 people have expressed interest in assisting at the kiosk and other associated duties. This group of passionate people are to be congratulated for their willingness to take on an ageing asset.

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Officers cannot guarantee that despite the best interests of these people, that there will not be further funds required, other than those identified to make the pool compliant. It is acknowledged that some of the people who have been gracious in volunteering are former members of the pool committee. However, whilst we applaud the efforts of these individuals, the committee returned the pool to Council management in 2004 citing a lack of volunteers as one reason for its return.

However, whilst we applaud these individuals, the committee mutually agreed to return the pool to Council in 2004 with a lack of volunteers being one of the key reasons for its return.

Golden Square: If Council resolves to decommission the Golden Square Swimming Pool and develop a Master Plan for this site, it is proposed that an extensive consultation program be undertaken to determine the future use and development of the existing site. This would include both active and passive uses of the site for sport and leisure purposes.

Council officers have also attended three community meetings to provide information to the attendees on submitting a petition and the process in forming a Committee. In addition an onsite meeting at Golden Square Swimming Pool with officers, Council, and community members occurred on 4 February 2013.

Resource Implications The future provision of aquatic facilities within the City of Greater Bendigo has significant financial implications for Council. Whatever path Council chooses to take, funds will be required for the ongoing operation, maintenance and renewal of swimming pools into the future.

In 2013/14 alone, officers expect a budget allocation in the order of $350,000 to $400,000 for maintenance across all aquatic facilities.

Golden Square (short and long term maintenance) The 2009 Technical Audit recommended medium and high priority reoccurring maintenance items totalling $71,900. Due to the existing resolution to close this facility, a small number of these items have been undertaken on an as required basis.

If Council were to retain this facility for a further 3 - 5 years, minimum infrastructure works are required for compliance, safety and operational reasons. It is estimated these works would cost in the order of $292,150.

The Technical Audit report provides a cost estimate of $885,000 for longer term rehabilitation. It is the opinion of officers that since the timing of the audit, the pool has further deteriorated and therefore this figure is out-dated. In addition the major assets at this facility including the building structure and swimming pool tanks will also require replacement or lining for long term one. The cost of these works will vary significantly from around $2.5M - $4M for a 50m swimming pool depending upon the extent of renewal or upgrade proposed.

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Officers estimate a further amount of $50,000 will be required immediately as part of Councilâ&#x20AC;&#x2122;s current 2012-2013 midyear review for developing detailed design so that works can commence to restore the pool to a compliant state for next season with works commencing July 1, 2013.

Pool operating costs The cost to operate swimming pools has increased significantly in recent years. This has been due to the increased cost of water and other utilities, staffing and chemicals.

There have been a number of incidences in the current season that have resulted in the maintenance budget of $400,000 being fully expended at the time of officers preparing this report. Some of these issues are unforseen, such as the decommissioning of the boat structure at the Aquatic Centre and the difficulties with the filtration at the Brennan Park pool which required qualified divers to fix the issue. It is unknown what factors may arise from year to year, but with the increasing age of these assets, it is likely that there will be further unforseen examples such as these.

Based on actual costs from previous budgets, Council allocated $40,327 to operate Golden Square Swimming Pool for the 2012/2013 summer season.

The specification for the management of CoGB Pools will be reviewed and re- scoped with tenders invited early 2013 for a new contract. It is anticipated that the City will face the challenge of significantly increased contract prices. Officers will also review whether the option of an in house management model is more feasible.

Conclusion At its meeting of 14 November 2012 Council resolved to permanently close the Golden Square Swimming Pool. Since this time a petition has been submitted requesting that the facilities continue to operate and be repaired.

At a community meeting held Monday 21 January 2013, meeting attendees voted to pursue forming a Committee in the hope Council would appoint this Committee to manage and operate the Golden Square Swimming Pool for the 2013/14 season. A further meeting was held on Monday 4 February onsite at the Golden Square pool between community members and Council.

In light of the communities proposed commitment to manage the Golden Square Swimming Pool, and if Council were to invest funding to meet safety and compliance requirements, it is feasible for the pool to operate for the 2013/14 season. However Council needs to make this decision based on the requirements of its funds expended across all pools and other capital works in the renewal and upgrade program.

Given the challenge for Council to balance its need for infrastructure that supports the needs of all residents, sufficient funds need to be allocated to maintain the remaining eleven pools to an optimum standard. This will require a large injection of funds if Council wishes to keep up with community expectations. It is expected Council will be required to allocate in the order of $400,000 for minimum proposed works in the 2013-2014 financial year for eleven of Councilâ&#x20AC;&#x2122;s pools.

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There are many other desirable requirements by the current operators and community members and as the strategy indicates, significant funds are required in future years for the upgrade of Peter Krenz and White Hills pools.

Whilst it is a difficult decision to close a pool, Officers cannot support the reopening of the Golden Square pool given the competing demands on Council resources. It is therefore recommended that that the community is encouraged to be actively involved in the progression of the Kangaroo Flat Aquatic Facility and all other recreational pursuits that contribute to a healthy and active lifestyle.

RECOMMENDATION That having considered the petition received from members of the Golden Square community in relation to the closure of the Golden Square swimming pool that Council: I.

Acknowledge and greatly appreciate the efforts made by a number of Golden Square residents for their willingness to volunteer in order to reopen the Golden Square pool for the 2013-2014 season, however note that the overall costs of pools needs to be balanced with Councilâ&#x20AC;&#x2122;s finite resources and the competing demands of all other recreational pursuits.

II.

Adopt Option 3 which is to: a.

Proceed with the permanent closure and demolition of Golden Square Swimming Pool, b. allocate funding as part of the 2013/14 budget for the development of a Recreation and Open Space Master Plan including the Golden Square Swimming Pool site, walking track, recreation reserve and Bowling / Croquet Club, and c. notify the submitters of Councilâ&#x20AC;&#x2122;s decision.

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6.

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OUR PEOPLE, OUR PROCESSES

6.1 DELEGATION TO THE CHIEF EXECUTIVE OFFICER Document Information Author

Peter Davies, Manager Executive Services

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose The purpose of this report is to acknowledge the continuation of the current status of the Delegation to the Chief Executive Officer.

Policy Context Deliver responsible financial management and business planning practices to ensure long-term sustainability.

Background Information According to the Local Government Act 1989, Council must review delegations to the Chief Executive Officer within twelve (12) months of an election.

This Council, like many others, has one relatively straightforward delegation to the CEO. The CEO then delegates to Directors and other staff as appropriate.

Previous Council Decision(s) Date(s): 15 August, 2012.

Report Previous Review The previous Council last reviewed the delegation on August 15, 2012. The change at that time was: That the clause (3) in the CEO's Instrument of Delegation be amended from 3.

Awarding of contracts up to $1.5m in accordance with Council Policy and any contracts awarded following a public tender process be reported to Council within two (2) meetings.

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to 3.

Awarding of contracts up to $1.5m (exclusive of GST) for one supplier, lump sum, single engagement contracts and variations up to 10% of the original contract price and $1.5m per annum (exclusive of GST) for multi-year, schedule of rates based contracts in accordance with Council Policy and any contracts awarded following a public tender process be reported to Council within two (2) meetings.

Internal control is exercised by the CEO and delegates before and after awarding contracts in many ways, including: - Specification - Tendering - Tender evaluation criteria - Panel recommendation - Review by the CEO or Delegate prior to appointment - Panel contract entered into by the supplier - Council Budget allocation - Purchase order No other amendments necessary have been identified by staff at this time.

Current Status The purpose of a review after an election is to enable the new Council to have an understanding of the delegation and to provide the opportunity for Council to make any amendments for efficient and effective operation of the organisation with an appropriate level of reporting.

Consultation/Communication The delegation was provided for information, awareness and any feedback at the Councillors' Forum on November 21, 2012. No comments or suggested changes have been received. It is now appropriate for Council to confirm the existing Instrument of Delegation.

Attachments 1.

Instrument of Delegation to the CEO

RECOMMENDATION That having reviewed the Chief Executive Officer's Instrument of Delegation and having made no changes, the Council acknowledge that it will continue to have effect in its current form.

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INSTRUMENT OF DELEGATION TO THE CHIEF EXECUTIVE OFFICER In exercise of the power conferred by section 98(1) of the Local Government Act 1989 (“Act”) the Greater Bendigo City Council (“Council”) hereby delegates the powers, duties and functions of the Council set out in the Schedule to this Instrument of Delegation to the member of the Council staff occupying, holding or acting in the position of Chief Executive Officer of the Council

AND declare that

1. the Instrument of Delegated dated 13 August 2009 is revoked; 2. this Instrument of Delegation is authorised by a resolution of Council passed on 15 August 2012; 3. this delegation:

3.

2.1

comes into force immediately the Common Seal of the Council is affixed to this Instrument of Delegation;

2.2

remains in force until Council resolves to vary or revoke it;

2.3

is subject to any conditions and limitations set out in the Schedule; and

2.4

must be exercised in accordance with any guidelines or policies which Council from time to time adopts; and

the member of the Council staff occupying the position or title of or acting in the position of Chief Executive Officer may delegate to a member of the Council staff any of the powers (other than the power of delegation conferred by section 98(3) of the Act) which this Instrument of Delegation delegates to him or her.

DATED this

day of

2012

APPROVED under the COMMON SEAL of ) GREATER BENDIGO CITY COUNCIL in the ) presence of: )

Chief Executive Officer

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SCHEDULE The power to do anything arising out of or connected with any duty imposed, or function or power conferred, on Council by or under any Act. Conditions and Limitations The delegate must act in accordance with the conditions and limitations set out below.

1. The Chief Executive Officer must not appoint a person to be acting Chief Executive Officer in her/his absence for a period of more than four weeks.

2. If it appears to the Chief Executive Officer that legal proceedings in accordance with section 232 of the Act may (a)

raise substantial issues of controversy in the community;

(b)

affect the Cityâ&#x20AC;&#x2122;s relationship with other bodies; or

(c)

require substantial financial commitment -

the Chief Executive Officer must not commence those proceedings unless: (a)

it appears to the Chief Executive Officer that, due to the urgency of the case, the decision cannot be referred to a meeting of Council for decision; and

(b)

the Chief Executive Officer has first formally consulted with the Mayor; and

(c)

arrangements are put in place to report the matter to Council at the first opportunity.

3. Awarding of contracts up to $1.5m (exclusive of GST) for one supplier, lump sum, single engagement contracts and variations up to 10% of the original contract price and $1.5m per annum (exclusive of GST) for multi-year, schedule of rates based contracts in accordance with Council Policy and any contracts awarded following a public tender process be reported to Council within two (2) meetings.

4. Acquiring of an option to purchase property for strategic municipal purposes subject to any one option not exceeding $100,000, is subject to the Council being advised of the acquisition of any option within two (2) meetings of finalising the option acquisition.

The delegate must not determine any issue, take any action or do any act or thing: 5.

if the issue, action, act or thing is an issue, action, act or thing which involves: 5.1 making a local law under section 119 of the Act;

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5.2 approving of, or making an adjustment to, the Council Plan under section 125 of the Act; 5.3 adopting of a budget, or revised budget, under section 130 of the Act; 5.4 adopting an annual report prepared under section 131 of the Act; 5.5 noting a declaration by a valuer pursuant to section 13DH(2) of the Valuation of Land Act 1960; 5.6 determining, pursuant to section 37 of the Act, that an extraordinary vacancy on Council be filled; 5.7 appointing a councillor or community delegate or representative to an external organisation; or 6.

if the issue, action, act or thing is an issue, action, act or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a resolution of Council;

7.

if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a 7.1 7.2

policy; or strategy -

adopted by resolution of Council (which has been expressly designated as a "policy" or "strategy", as the case may be); 8.

if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of section 98(1)(a)-(f) (inclusive) of the Act or otherwise;

9.

If the determining of the issue, the taking of the action or the doing of the act or thing is expressly required to be performed by Council; or

10. the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of the Council's staff.

The Council may by resolution instruct the delegate to determine any issue, take any action or do any act or thing that is otherwise prohibited by the limitations if it is lawful to do so.

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6.2 LOCAL AUTHORITIES SUPERANNUATION LIABILITY UPDATE Document Information Author/Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose To provide an update on the Local Authorities Superannuation Liability including the findings of the MAV Taskforce.

Policy Context Council Plan Reference: Council Plan 2009-2013 (2011) states: 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.

Background Information The Council has previously taken a position that it would seek to raise awareness of the financial impact now and in the future, of the Defined Benefits Superannuation Fund by: • A media campaign; • Approaches to relevant politicians to seek support to resolve this ongoing issue; • Seeking information from councils in the Loddon Mallee region regarding the broader impact of this issue; • Participation in the MAV Taskforce established in response to employers from the Defined Benefit Plan being informed of the results of the December 2011 actuarial.

Previous Council Decision(s) Date(s): 4 July 2012 – Local Authorities Superannuation Fund – Defined Benefits Actuarial 31 December 2011 25 July 2012 – Options for Dealing with the Local Authorities Superannuation Liability 4 September 2012 – Defined Benefits Superannuation Liability 21 November 2012 – Local Authorities Superannuation Liability Briefing Paper Report This report provides an update on progress on this issue, since the briefing paper was presented to Council on 21 November 2012.

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Media Campaign COGB has sought media coverage at each opportunity including Hon Bill Shorten’s visit and the release of the MAV Taskforce Report.

Responses from Politicians On December 6, 2012, the Mayor met with Hon Bill Shorten, Minister for Financial Services and Superannuation, to raise awareness and express Council’s concern regarding this issue. Mr Shorten holds the view that the issue is a matter for Local Government which needs to be resolved by Local Government. While the current regulatory environment is set by Federal legislation, Mr Shorten emphasised that the current regulator is APRA which is not controlled or run by the Federal Government. He does not support the suggestion that Contributions Tax should be reduced or removed.

He advised that the Contributions Tax is already at the concessional tax rate of 15%. He did indicate that he would support the fund becoming a State managed fund provided that State Government was willing to meet the financial obligations of any councils that are unable to in the future.

Following the meeting with Hon Bill Shorten, an invitation was forwarded by the Mayor to the State Premier and the Leader of the Opposition in Victoria to discuss this matter. The Premier has advised ‘that long standing commitments prevent him from meeting… and he offers his most sincere regrets’. He has forwarded a copy of the request to Minister Powell for ‘appraisal and consideration’.

A response has also been received from Bridget McKenzie, Senator for Victoria, following her representations to Senator Barnaby Joyce, Shadow Minister for Regional Development, Local Government and Water. Senator Joyce raised this matter at Supplementary Budget Estimates. He states ‘Unfortunately this seems to be a matter ultimately for the Victorian State Government.’

No response has yet been received from the State Leader of the Opposition.

MAV Taskforce The Municipal Association of Victoria (MAV) established a Taskforce to review the Vision Superannuation Defined Benefits Plan.

The report of the MAV Taskforce has now been released containing 19 recommendations. The recommendations are listed below together with the COGB officer comment.

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Rec No. MAV Taskforce recommendation 1 Establish a working party to: - develop detailed specifications for the debt placement - prepare a tender for aggregated debt for the sector - test the sectorâ&#x20AC;&#x2122;s firm commitment to borrowing - ensure that transactional banking is - excluded from the specifications 2 Each council should explore options relevant to their individual circumstances but should consider the long-term consequences of reducing capital expenditure.

3 Councils should consider using cash to fund their shortfall where it is prudent to do so.

4

5

6

Councils should only use the Vision Super payment plan option in the event they have exhausted other funding options.

Advocate for Vision Super to commence a process to review the allocation of liabilities associated with pension shortfalls post-1993.

There are some anomalies in the allocation of pre and post 1993 liability to employers. All pension liabilities are allocated to the pre1993 component.

Where an employee has retied having a large proportion of their career post 1993, this leads to an inequitable outcome as the pre-1993 employer is allocated the entire liability Advocate for Vision Super to commence a process to review the allocation of liabilities that related to post-1993 for individuals who remain employed.

All post-1993 liabilities are allocated to the employer as at the actuarial evaluation date, irrespective of the length of tenure of that employee, the original employer is not responsible for any of the shortfall.

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COGB officer comment This recommendation will only be relevant to COGB if Council decides to fund future call utilising loan borrowings.

This matter will further considered when details are available.

The funding of future calls will need to be an on-going matter for COGB. This will be considered during 2013/14 budget development.

This is agreed and acknowledged.

Decisions on how to fund calls will need to be made at the time the call occurs.

This is agreed and acknowledged.

Decisions on how to fund calls will need to be made at the time the call occurs.

This recommendation is supported to achieve more equitable distribution of the pre1993 liability.

This recommendation is supported to achieve more equitable distribution of the post1993 liability.

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9

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Communicate to councils to be mindful of above normal wage rate movements, and the material consequences of such movements on the fund, and educate on non-cash remuneration options.

Request employer briefings at six month intervals to report on the investment performance of the fund and salary movements (where available).

Vision Super has already implemented this recommendation.

Councils should monitor the performance of the fund and make provisions within their accounts for potential future calls based on Vision Super investment performance and salary movement data.

Increase employee contributions, where feasible.

This is technically possible by change to Trust Deed. The Taskforce will investigate requiring an increase in order to achieve smoothing payments over time; ensuring make up contributions are made by employee and employer, and showing the costs related to employee expenses in the financial accounts.

Increase employer contributions.

This is acknowledged. Wage rises are a matter for consideration in the next Enterprise Agreement negotiations which will occur during 2013.

This will enable CoGB to be aware of the fund performance and likelihood of any call.

This is supported. Council will consider an allocation in the 2013/14 budget

Further investigation of this matter

by MAV is supported to ensure it can achieve the objectives outlined.

Further investigation of this matter

by MAV is supported to ensure it The employer rate is determined by can achieve the objectives the Trustees with regard to the outlined. actuaryâ&#x20AC;&#x2122;s advice. The Trustee retains discretion to modify the employer contribution rate based on the financial needs of the fund. The Taskforce will investigate requiring an increase in order to achieve smoothing payments over time; ensuring make up contributions are made by employee and employer, and showing the costs related to employee expenses in the financial accounts.

Require the allocation of future This is supported. It is reasonable superannuation guarantee increases that all members of among DB members to the DB fund. superannuation funds be impacted by the Superannuation Guarantee.

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15

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Write to the Commonwealth and obtain a definitive position on contributions tax.

Any shortfall payment currently attracts 15% contributions tax Investigate actuarial analysis of remuneration returns and progress potential savings in regard to both pensions and pre-1 Jan 1998 service components with the WorkCover authority.

Part of shortfall payments are required to be included in annual remuneration returns for the purposes of determining workcover premiums as ‘employee benefits’ Advocate for legislative change, to extract the fund from the SIS Act, if it is established that it will reduce the impact on employers of future calls.

The primary benefit of a return to a state regulated scheme is to remove the requirement for full funding to provide employer flexibility in repayments of shortfall and smooth payments over time. However, any shortfall must ultimately be paid unless member benefits are reduced or members required to bear some investment risk. There would continue to be strong financial incentives to pay up-front, unless the earning rate is below the borrowing rate.

The MAV clarifies with councils that there is a mechanism for councils to ‘buy-out’ member entitlements if they wish to consider that option (early termination provision).

Employers will need to balance the risk of a future call against the premium required to induce employees to agree to relinquish the DBP benefits.

The MAV investigates the viability that the salary rate movements are capped at the actuary’s projection of long-term wage rate movements and that super related to salary movement above that would become an accumulation contribution.

Ensure that there is strong sector PAGE 152

This is strongly supported.

This is strongly supported.

Shortfall payment should not be seen as direct employee benefits.

This recommendation should be further investigated to determine the advantages for the sector.

This advice is noted.

This recommendation supported

is

This

is

recommendation

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representation at all times on the supported.

Vision Super Board and that MAV representatives have appropriate skill sets. a. The MAV request Vision Super to This recommendation move the triennial actuarial supported projection to 30 June 2014 (ie. forward ~ 6 months). b. Require Vision Super to provide six monthly reviews (including risk ‘settings’) on the fund’s performance.

It is understood this has already been agreed to by Vision Super.

is

The Taskforce will continue its work for a further 12 months to oversee the implementation of the recommendations. Councils will be given an opportunity to nominate representatives to the Taskforce.

The Final Report of the MAV Defined Benefits Taskforce is Attachment 1.

Risk Analysis: The potential risk to the CoGB and local government in general, is significant.

Council's long term financial planning is compromised and uncertain as a result of this ongoing issue. Being required to fund future calls will impact on COGB’s ability to deliver future capital works, services and major projects.

Resource Implications The CoGB has had a number of calls over the years to contribute towards scheme shortfalls. In previous years the CoGB share of the shortfall and subsequent contributions have been: Year 1998 2003 2010 2012

Amount $6.87 M $2.9 M $1.9 M $9.7 M

Total

$21.3 M

Comments Borrowed interest repaid during term $2.3 M Borrowed interest repaid during term $253,000 Funded from cash reserves Funded from cash reserves requiring a reduction in operating and capex allocations for 12/13. This amount was originally invoiced at $10.3 million however an early payment discount was applied.

Therefore, the direct contributions and interest paid on loans taken out for this purpose totals $23.85M.

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Attachment 1.

Final Report of the MAV Defined Benefits Taskforce

RECOMMENDATION That Greater Bendigo City Council: 1. Support the continuation of the MAV Taskforce to oversee the implementation of the recommendations contained in its report.

2. Nominate the Mayor Cr Ruffell to the MAV Taskforce at the appropriate time.

3. Continue to advocate for change to the regulatory framework for Local Authorities Defined Benefits Superannuation to withdraw the fully funded requirement.

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6.3 SETTING THE BUDGET PRINCIPLES FOR 2013/14 Document Information Author

Marg Allan, Director Organisation Support

Responsible Director

Marg Allan Director Organisation Support

Summary/Purpose To adopt the Budget Principles to apply to the 2013/14 budget development.

Policy Context Council Plan 2009/13 (Updated 2012) 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.

Background Information For the past three years, Council has adopted principles to apply to the development of the forthcoming budget. To guide the development of the 2013/14 budget, Council is requested to consider setting budget principles. By utilising principles to guide the budget development, the Council creates a transparent process whereby the community, and the staff preparing budget documentation for Councillors consideration, are aware of Councilâ&#x20AC;&#x2122;s intent.

Report The Budget Principles proposed to be applied to the development of the 2013/14 budget are based on the principles which Council applied in the current year. The 2012/13 Principles are attached for reference. Also attached for reference is a copy of the powerpoint presentation given to Councillors on January 30, 2013.

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Theme

Principle

1

Best Value

Take account of Best Value Principles from the Local Government Act: • All services must meet quality and cost standards • All services must be responsive to the needs of the community • Each service must be accessible by those members of the community for whom the service is intended • Council must achieve continuous improvement in the provision of services to the community • Council must develop a program of consultation with the community in relation to the services it provides and rep ort regularly to the community.

2

Alignment

Council's budget will take account of Council Plan and other strategic plans.

3

Balance

The budget will aim to balance the demand for services and infrastructure with the community's ability to pay.

Proposals for service delivery expansion or capital works projects must demonstrate consideration of social, economic and environmental impacts on the community.

4*

Capital Works

The Capital Works program will allow for Council's asset renewal and upgrade needs in line with forecast depreciation.

5

Borrowings

Debt servicing costs will be less than 10% of rate revenue.

6*

User Fees and Charges

Fees and charges are to be increased to full cost recovery or by 4%.

7*

Revenue sources

New revenue sources are to be identified where possible including community groups making a 10% contribution towards new capital works projects.

8

New staffing positions

New employee proposals which are not cost neutral are to be justified through a business case that demonstrates increased service demand or the development of a new service/initiative which is aligned with the Council Plan.

9*

Working capital ratio

Aim to maintain a working capital ratio of no less than 150%: every $1 of current liabilities, CoGB has $1.50 of current assets to achieve the Victorian Auditor General's low financial risk rating

10*

Managing Service Growth

There is a focus on the efficient use of resources; continually seeking to increase productivity.

11*

Community Capacity Building

Build the capacity of the community to become more selfreliant.

The proposed Principles marked * indicate that they have been altered from the 2012/13 Budget Principle. The proposed changes are enhancements to the current year principles as follows: PAGE 156

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4 Capital Works – This Principle has been altered to include reference to investing in upgrading COGB assets, in addition to renewal of assets. It has also established the level of financial commitment at forecast depreciation levels.

6 User Fees and Charges – some operations of COGB are commercial in nature to which full cost recovery from users applies. (For example Bendigo Livestock Exchange).

Other fees which are not set by legislation are at council’s discretion, and it is proposed these fees increase by 4%. Previously the increase factor has been the Consumer Price Index (c.p.i.) (Melbourne c.p.i. to 31/12/13 is 2.1%) which is an amount lower than the actual cost of running COGBs operations. In order to keep pace with service costs a 4% increase is recommended. In the next 12 months it is proposed that Council consider adopting a User Fees and Charges Policy which will provide for variations in pricing, according to the service provided.

7 Revenue Sources - This proposed Principle now includes seeking a 10% contribution towards new capital projects from benefiting community groups. A contribution from groups who derive a benefit is considered reasonable.

9 Working Capital Ratio – This is proposed to increase from 120% to 150% in line with the low financial risk indicator set by the Victorian Auditor General’s Office.

10 Managing Service Growth – This principle has been combined with former Principle 11 which referred to a 1% efficiency target for the organisation. Both of these principles applied to increased productivity. They have now been combined into a one principle. As Council has decided to introduce a continuous improvement process for the organisation, the details of improvements and tracking of performance will be measured through Performance Plans.

11 Community Capacity Building – This wording of this principle has been altered from “self-sufficient’ to ‘self-reliant’ Attachment 1 Budget Principles 2012/13 Attachment 2 Introduction to 2013/14 Budget PowerPoint Presentation 30/1/13 RECOMMENDATION That the Greater Bendigo City Council confirms the Budget Principles to be applied to the 2013/14 budget, as outlined in the report.

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6.4 FINANCE REPORT AS AT 31 DECEMBER 2012 AND MID YEAR BUDGET REVIEW 2012-2013 Document Information Author

Travis Harling, Finance Manager

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose To provide Council with an analysis of the financial position of the City of Greater Bendigo (CoGB) as at 31 December 2012, to enable a review of the forecast financial position for 30 June 2013.

Policy Context Council Plan 2009-2013 (2012) states: 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.

Background Information In accordance with Section 138 of the Local Government Act 1989: (1)

At least every 3 months, the Chief Executive Officer must ensure that a statement comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date is presented to the Council at a Council meeting which is open to the public.

It is prudent to review the financial position on an ongoing basis, particularly at mid-year and make any necessary adjustments to ensure financial sustainability.

Report This report provides an update on the financial performance in comparison to the adopted budget for the 2012/13 financial year. The report also provides a financial forecast together with an analysis and recommendations.

1. Actual Year to Date Performance (01/07/12 -31/12/12) CoGB's operating result for the first half of the financial year is $1,913,963 favourable to budget as at 31 December 2012.

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Operating Result - YTD Actual vs YTD Budget Operating Result is a measure for accounting for an organisation's profit or loss for a given period. An Operating Result recognises all revenue and operating expenditure; it includes non-cash expenditure such as depreciation and non-cash revenue of donated assets.

YTD Budget 31/12/2012

YTD Actual 31/12/2012

Variance

$43,446,448

$45,360,411

$1,913,963 Favourable

Please refer to Attachment 1 which provides a more detailed report on the year to date financial operating result in comparison to budget.

Major variances that contribute to the favourable result include: $ $479,903

$589,321

$113,380

$347,981

$116,105

Fav / Unfav Area Details Unfavourable Grants The Grants Commission allocation is Commission distributed using a formula which includes population growth. Release of recent Census Data resulted in revised allocations after the budget was finalised.

Favourable Defined The favourable result is due to the full Benefits amount payable being required to be accounted for at 30 June 2012. The early repayment in September resulted in a discount.

Favourable Proceeds of Result is due to the sale of two Land Sales properties that were due to settle in the 2012 financial year, however settlement took place in the 2013 financial year. All proceeds are transferred to Reserves.

Favourable Developer Greater land development has Levies occurred than expected, thus the levies have increased. These funds are placed in a Reserve and then utilised to offset future capital costs of works in the particular subdivisions.

Unfavourable Landfill Due to delays in the construction of Operations the new cell at the Eaglehawk Landfill, waste continues to be carted offsite.

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Rate Result - YTD Actual vs YTD Budget: CoGB's rate result for the first half of the financial year is $1,164,133 favourable to budget as at 31 December 2012.

The Rate Result takes the Operating Result and removes non cash transactions. It also includes Capital Works expenditure, loan repayments, new loan drawdowns and Reserve transfer movements.

YTD Budget 31/12/2012

YTD Actual 31/12/2012

Variance

$34,648,925

$35,813,058

$1,164,133 Favourable

Major Variances that contribute to the favourable result include: $ $4,797,874

Fav / Unfav Unfavourable

$4,210,458

Favourable

Area Details Net Transfers Transfers to Reserves are from Reserves higher than budget due to the creation of a Long Service Leave Reserve ($2.146M), land sales from 2011/12 and increased developer levies received.

Capital Works Timing of carrying out of Capital Works behind budget phasing.

2. Forecast Performance (01/07/12 â&#x20AC;&#x201C; 30/06/13) Managers are requested to provide monthly financial forecasts for the remainder of the financial year. By providing forecasts, it allows for changes that have arisen during the year to be factored into the financial forecast and it allows management to revise priorities to ensure financial sustainability.

The December or mid-year forecast is reported in the same format as the year to date actual comparison to budget, operating and rate results.

Operating Result - Forecast vs Annual Budget: Annual Budget 30/06/2013 Surplus $14,800,200

Forecast 30/06/2013 Surplus $12,203,989

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Variance

($2,596,212)

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Major variances that contribute to the unfavourable result include: $ $914,806

$1,500,000

$567,382

$2,470,824

$510,880

$2,814,933

Fav / Unfav Area Unfavourable Grants Commission

Details The annual financial impact from revised allocations by the Federal Government in the 2013 Grants Commission made after budget adoption.

Unfavourable Waste Cartage costs are expected to Management continue until the end of June 2013. The necessary preparatory work is taking longer than anticipated causing deferral of construction completion date.

Favourable Rate Income Supplementary income from Rate Revenue is expected to exceed budget due to continued development growth.

Favourable Defined The favourable result is due to the Benefits full amount payable being required to be accounted for at 30 June 2012. The early repayment in September resulted in a discount.

Contributing to the favourable result are savings made to the operational budget to fund the early Defined Benefit payment.

Favourable Proceeds of The result is due to the sale of two land sales properties that were due to settle in the 2011/12 financial year, however settlement took place in the 2012/13 financial year.

Forecast includes properties budgeted to be sold in 2012/13.

All proceeds are transferred to Reserves.

Unfavourable Major Additional Major Project Projects expenditure in relation to works at View Point which is funded by grant income received in the prior financial year and held in Reserve fund.

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Rate Result - Forecast vs Annual Budget: Annual Budget

Forecast Result

Variance

Deficit ($6,798,373)

Deficit ($9,496,111)

($2,435,010) Unfavourable

$ $2,408,899

Fav / Unfav Unfavourable

$1,374,264

Favourable

Area Capital Works

Reserves

Details Capital Works is unfavourable due to the higher level of carry forward works from the 2011/12 financial year.

Income from the Garbage Charge and fees are raised to meet Waste Services costs. A surplus has been budgeted for and subsequently a transfer to the Waste Reserve would occur, enabling CoGB to fund future works in relation to Waste Services. Due to the over expenditure in Waste Services operations, surplus funds are not available to be transferred.

3. Progressive Rate Surplus/Deficit Summary The rate result must be managed on an ongoing basis rather than annually, as the impact from previous year's results, will affect the following year's budget. With this in mind the table below shows: Annual Budget Surplus/(Deficit) Accum. Surplus Carry Forward 30/06/12 $2,720,927 2013 Rate Result ($6,798,373) Accumulated Deficit Carry Forward ($4,077,446) 30/06/13 Additional Cash Contribution for Defined Benefits from Balance Sheet Forecast Accum. Deficit Carry Forward 30/06/13

Forecast Result Surplus/(Deficit) $2,720,927 ($9,496,111) ($6,775,184) $5,999,158 ($776,026)

The Forecast Rate Result indicates a $776,026 deficit by year end. Measures must be taken to ensure this deficit is reduced. Ideally the Rate Result that CoGB works towards is zero or a balanced Rate Result. This is sometimes not achievable in a single year as grants and expenditure items are not necessarily always received and paid in the same financial year. This highlights the importance of constantly reviewing the result to ensure the balance does come back to $0 over time.

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The Forecast Rate Result includes an adjustment of $5,999,158 which has been made to recognise the cash component contributed from the Balance Sheet towards funding the Defined Benefits Superannuation shortfall ($10,311,974) of $3,854,158, and creation of a Long Service Leave Reserve of $2,145,000.

Savings were identified in Operations and Capital Works to fund the balance of the superannuation shortfall of $6,458,696. o Capital Works projects deferred or cancelled o Operating savings o Early payment discount

- $4,001,500 - $1,867,875 - $ 589,321

The $776,026 Forecast Rate Deficit has been achieved by a rigorous mid-year review of operations and Capital Works. A total of $1,075,348 of Capital Works has been identified as savings or deferral to the 2013/14 financial year. Please refer to Attachment 2 for the list of projects.

Options to reduce the Rate Result deficit of $776,026 include the following: 1. Further possible savings in Operations.

2. Deferral of additional Capital Works.

3. Acknowledge Accumulated Deficit and factor into 2013/14 budget (reduced operating costs and or fewer Capital Works projects).

4. Combination of options 1, 2 and 3.

5. Increased income.

Further items be included in the schedule of works from the mid-year budget review will increase the Accumulated Deficit and further savings will be necessary when completing future budgets.

The results reported year to date for the 2012/13 financial year have been heavily impacted by State/Federal funding shortfalls (Grants Commission), Defined Benefits payment, increased utility and insurance costs, and increased costs from Waste Management (EPA).

4. Mid-Year Budget Requests In reviewing the budget and schedule of works at mid-year, the following items have been identified as requiring completion that has a Nil impact on the budget, as funds for the works have previously been received and are currently accounted for in a Development Reserve:

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$ $440,000

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Project Development Related Drainage Various Precinct 4 Retardation Basin - M/Gully McInnes Street – Big Hill Wesley St Stage 1 – F/Flat Arnold Street – Bgo Anderson Street – Nth Bgo Harveys Lane – Jackass Flat

$ 25,000

Yellow Gum Estate – Play Space

$100,000

Regent Park, Strathfieldsaye

Explanation As a result of higher than anticipated subdivisions and development of land, the need to carry out community infrastructure works has been required.

There is an opportunity to construct the play space now, to which the developer will contribute 50% of the procurement and installation of the play equipment. It is proposed the Council contribution be funded from the Open Space Developer Contribution Reserve now, to take advantage of the additional contribution by the developer.

The CoGB contribution toward these works is to be funded from the Developer Contribution Reserve as a result of previous contributions made by the developer.

The developer has confirmed that works to the reserve will be completed prior to 30 June 2013, requiring $100,000 to be paid by CoGB prior to this date.

$ 565,000 Total Budget Requests ($565,000) Transfer from Reserve $0 Net impact on Budget/Forecast

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In reviewing the budget at mid-year, the following items are presented to Council for consideration which will impact on the financial position: $

Operating / Capital $250,000 Operating

$ 23,000 Capital

$ 65,000 Capital

$15,000 Operating

$300,000 Capital

$ 66,000 Capital

$ 30,000 Capital

$141,000 Capital

$825,000 Total Projects OR $867,000 Total Projects

Project

Explanation

Independent Review

At the Council meeting held on the 23 January 2013, Council agreed to proceed with an Independent Review, subject to the approval of funding at the mid-year budget review.

View Street Option A - Create 13 angle Parking bays from the existing 6 parallel bays View Street Option B - Create 23 angle Parking bays from the existing 14 parallel bays Festive Season Undertake a strategy Strategy regarding Festive Season events.

Watson Street - A Council report was Sealing presented in May 2012 in response to a petition from residents and rate payers in White Hills requesting the upgrading of Watson Street.

Sheepwash Works have been Creek Shared undertaken in previous Path years by CoGB to construct a shared path along part of Sheepwash Creek.

Path to Lone Pine The Heathcote RSL and Cr Memorial, Campbell have requested an Heathcote upgrade of the access to the Lone Pine Memorial off Camp Street, Heathcote.

Rural Exhibition Essential upgrades to Fire Centre Services for compliance works # Includes Option A for View Street Project # Includes Option B for View Street Project

Please refer to Attachment 3 for more detail on Capital Projects listed above.

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Given the importance of financial sustainability and therefore achieving a balanced Rate Result, it is prudent to only approve essential works from the mid-year review submissions. These works include the Independent Review which is currently underway, and the fire service works for the Bendigo Exhibition Centre. It is not financially prudent to add further projects to the 2012/13 program when works have been delayed to ensure financial sustainability is maintained.

Priority/Importance: Legislative requirement and financial management Conclusion At 31 December 2012, the forecast rate result for 30 June 2013, including recommended additional projects, is an adjusted accumulated deficit of $1,197,026. Management will continue to rigorously monitor financial performance to seek to reduce the forecast deficit.

Attachments 1.

2.

3.

Comparative Financial Statement of Budgeted to Actual Revenue and Expenditure as at 31/12/12 Proposed Capital Works Savings / Deferral Mid-Year Budget Request Details

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RECOMMENDATION That the Greater Bendigo City Council: 1. Receive the Statement comparing Budgeted and Actual Revenues and Expenses to 31 December 2012 in accordance with the requirements of the Local Government Act. 2. Approve additional funds totalling $565,000 to be transferred from Reserves to enable the completion of additional infrastructure works associated with land and infrastructure developments.

3. Approve the funding of $250,000 to undertake the Independent Review, $30,000 for the path to Lone Pine Memorial, Heathcote and $141,000 to undertake essential fire service works at the Bendigo Exhibition Centre.

4. Approve the reduction of expenditure and consequential impact on the 2012/13 Capital Works program as outlined in Attachment 2.

5. Acknowledge that officers will continue to work towards achieving a positive accumulated financial result at 30 June 2013.

6. Having regard for the substantial impact on the forecast CoGB financial result for the 2012/2013 financial year associated with the delays in approval of the new cell at the Eaglehawk Landfill by the Environment Protection Authority and the need for continued cartage of waste: (a)

Council seek an urgent meeting and onsite inspection at Eaglehawk, with the CEO and the Board of the EPA.

(b)

That Council write to The Hon Ryan Smith, MP, Minister for the Environment and Climate Change, expressing concern about EPA requirements for the Eaglehawk Landfill.

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ATTACHMENT 1 COMPARATIVE FINANCIAL STATEMENT OF BUDGETED TO ACTUAL REVENUE AND EXPENDITURE FOR PERIOD ENDING 31 DECEMBER 2012 Annual Budget

YTD Budget

YTD Actual

YTD Variance

Revenue

Expenditure

Net (Unfav)

Revenue

Expenditure

Net (Unfav)

Revenue

Exp Incl Del

Net (Unfav)

Net (Unfav)

$

$

$

$

$

$

$

$

$

$

% Variance

79,367,038 79,367,038

0 0

79,367,038 79,367,038

79,367,038 79,367,038

0 0

79,367,038 79,367,038

79,505,505 79,505,505

0 0

79,505,505 79,505,505

138,467 138,467

0% 0%

5,987,291 5,987,291

0 0

5,987,291 5,987,291

2,993,646 2,993,646

0 0

2,993,646 2,993,646

2,573,736 2,573,736

0 0

2,573,736 2,573,736

(419,910) (419,910)

(14%) (14%)

120,000 98,200 (0) (0) 218,200

645,554 1,002,980 649,303 49,750 2,347,587

(525,554) (904,780) (649,303) (49,750) (2,129,387)

(0) (0) (0) (0) (0)

638,050 349,190 327,613 24,875 1,339,728

(638,050) (349,190) (327,613) (24,875) (1,339,728)

9,575 938 (0) (0) 10,513

650,629 398,303 332,105 17,250 1,398,287

(641,054) (397,365) (332,105) (17,250) (1,387,774)

(3,004) (48,175) (4,492) 7,625 (48,046)

(0%) (14%) (1%) 31% (4%)

Organisation Support Corporate Finance Operations People and Learning Rates/Revenue Collection Valuations Information Management Contract & Project Coordination Treasury and Tax Equivalents Developer Levies Library Services Total Organisation Support

5,500 1,290,780 1,833,767 357,550 517,596 2,726,238 5,000 3,229,700 1,175,000 (0) 11,141,131

378,892 3,203,492 2,792,345 1,356,161 839,903 3,120,211 740,921 1,149,812 0 2,459,424 16,041,161

(373,392) (1,912,712) (958,578) (998,611) (322,307) (393,973) (735,921) 2,079,888 1,175,000 (2,459,424) (4,900,030)

2,750 693,609 943,055 103,250 478,345 1,363,119 2,500 1,317,074 587,500 (0) 5,491,201

187,893 684,148 1,501,783 687,442 408,879 1,774,524 380,733 522,538 0 1,229,714 7,377,654

(185,143) 9,461 (558,729) (584,192) 69,466 (411,405) (378,233) 794,535 587,500 (1,229,714) (1,886,453)

1,855 671,867 1,057,156 111,766 485,091 1,361,479 2,759 1,096,766 935,481 (0) 5,724,221

201,784 660,112 1,967,652 692,091 314,767 1,664,020 361,767 444,473 0 1,228,714 7,535,382

(199,929) 11,755 (910,496) (580,326) 170,325 (302,541) (359,009) 652,293 935,481 (1,228,714) (1,811,160)

(14,786) 2,294 (351,767) 3,866 100,859 108,865 19,224 (142,243) 347,981 999 75,292

(8%) 24% (63%) 1% 145% 26% 5% (18%) 59% 0% 4%

Director Planning & Development Planning Building and Property Services Parking & Animal Control Environmental Health & Local Laws Strategy Unit Total Planning & Development

3,600 730,330 2,331,443 5,729,780 957,154 610,000 10,362,307

380,133 2,941,596 6,844,853 3,459,052 1,799,036 2,492,172 17,916,841

(376,533) (2,211,266) (4,513,410) 2,270,728 (841,882) (1,882,172) (7,554,534)

1,800 358,165 1,065,719 2,609,300 672,615 338,003 5,045,602

192,396 1,444,501 3,720,405 1,722,449 838,848 963,053 8,881,652

(190,596) (1,086,336) (2,654,686) 886,851 (166,233) (625,050) (3,836,050)

3,315 353,997 1,325,412 2,453,752 711,143 174,769 5,022,389

178,420 1,414,661 3,609,580 1,729,087 847,786 907,452 8,686,986

(175,105) (1,060,663) (2,284,168) 724,665 (136,643) (732,683) (3,664,598)

15,490 25,673 370,517 (162,185) 29,590 (107,633) 171,452

8% 2% 14% (18%) 18% (17%) 4%

Director Community Well Being Customer Services Aged/Disability Services Children and Family Services Recreation Community & Cultural Development Healthy Communities Total Community Well Being

(0) 725,439 8,809,793 4,956,769 443,968 431,501 991,407 16,358,877

383,181 (383,181) 1,508,009 (782,570) 10,298,231 (1,488,438) 7,390,847 (2,434,077) 3,347,638 (2,903,670) 2,911,295 (2,479,794) 991,296 111 26,830,497 (10,471,620)

(0) 362,719 4,404,896 2,432,868 203,792 216,950 495,704 8,116,930

177,876 749,617 5,178,597 3,716,623 1,850,678 1,451,752 495,708 13,620,851

(177,876) (386,897) (773,701) (1,283,755) (1,646,885) (1,234,802) (4) (5,503,921)

3,020 363,761 4,133,941 2,487,392 264,072 341,566 499,833 8,093,585

175,937 745,451 4,961,678 3,835,320 1,650,432 1,425,276 426,532 13,220,626

(172,917) (381,690) (827,737) (1,347,928) (1,386,360) (1,083,710) 73,301 (5,127,041)

4,959 3% 5,207 1% (54,036) (7%) (64,173) (5%) 260,525 16% 151,092 12% 73,305 1700820% 376,880 7%

371,115 371,058 3,169,019 1,312,118 1,624,030 3,599,730 2,430,930 12,878,001

(368,615) (371,058) (2,363,719) (1,073,318) (1,363,997) (1,323,641) (1,896,280) (8,760,628)

1,250 (0) 234,753 83,750 130,933 1,198,600 312,325 1,961,610

190,192 193,813 1,478,242 561,108 796,701 1,837,093 1,195,953 6,253,101

(188,942) (193,813) (1,243,489) (477,358) (665,768) (638,493) (883,628) (4,291,491)

217 15,000 221,397 59,059 141,022 1,058,321 389,384 1,884,400

182,856 205,359 1,474,914 534,523 719,183 1,708,188 1,238,124 6,063,146

(182,639) (190,359) (1,253,517) (475,464) (578,161) (649,867) (848,740) (4,178,747)

6,303 3,454 (10,028) 1,894 87,607 (11,374) 34,888 112,744

3% 2% (1%) 0% 13% (2%) 4% 3%

21,875,946 (21,873,946) 1,138,657 (988,657) 3,466,594 (3,050,594) 1,528,974 12,405 15,452,841 (9,302,816) 7,948,962 (7,774,626) 1,117,820 (120,138) 15,646,865 (9,629,680) 68,176,660 (52,728,053)

1,000 (0) 208,000 770,690 3,075,012 100,148 579,060 3,008,593 7,742,503

10,644,894 (10,643,894) 580,676 (580,676) 1,716,584 (1,508,584) 861,928 (91,238) 7,828,524 (4,753,512) 4,315,216 (4,215,068) 564,659 14,401 8,376,687 (5,368,094) 34,889,167 (27,146,665)

45 50,928 259,374 710,696 3,870,534 117,401 580,100 2,972,069 8,561,146

10,565,013 (10,564,968) 573,717 (522,789) 1,818,871 (1,559,497) 988,270 (277,573) 8,764,840 (4,894,306) 4,606,976 (4,489,575) 531,278 48,822 8,477,638 (5,505,569) 36,326,602 (27,765,456)

78,926 57,886 (50,914) (186,335) (140,794) (274,507) 34,421 (137,476) (618,791)

1% 10% (3%) (204%) (3%) (7%) 239% (3%) (2%)

Rate Revenue Total Rate Revenue Grants Commission Total Grants Commission Governance Council Communications Internal Audit Total Executive

Director City Futures Special Projects Group Tourism & Visitor Services Major Events Economic Development The Capital Bendigo Art Gallery Total City Futures Director Presentation & Asset Mgmt Environmental Sustainability Asset Planning & Design Services Roads & Drains Bencon Parks Livestock Exchange Waste Management Total Presentation & Asset Mgmt Oncosts Recovery/Unallocated Amounts Total (Surplus)/Deficit All Services Major Projects - VicRoads - Expense Major Projects - VicRoads - Revenue Major Projects - Council Works - Expense Major Projects - Council Works - Revenue Total Major Works Grants Capital - State Govt Grants Capital - Commonwealth Govt Contributions to Council Works

2,500 (0) 805,300 238,800 260,033 2,276,089 534,650 4,117,372 2,000 150,000 416,000 1,541,379 6,150,025 174,336 997,682 6,017,185 15,448,607 (0)

0

(0)

(0)

0

(0)

(32,154)

(840,659)

808,504

808,504

100%

143,000,824

144,190,746

(1,189,922)

110,718,530

72,362,154

38,356,377

111,343,340

72,390,727

38,952,613

596,236

(2%)

(0) (0) (0) 2,100,000 2,100,000

0 0 2,080,000 0 2,080,000

(0) (0) (2,080,000) 2,100,000 20,000

(0) (0) (0) 1,050,000 1,050,000

0 0 1,039,998 0 1,039,998

(0) (0) (1,039,998) 1,050,000 10,002

(0) (0) (0) 2,090,717 2,090,717

0 0 2,524,251 0 2,524,251

(0) (0) (2,524,251) 2,090,717 (433,534)

(0) (0) (1,484,253) 1,040,717 (443,536)

0% 0% (143%) 99% (4434%)

8,294,633 1,350,000 2,980,489

0 0 0

8,294,633 1,350,000 2,980,489

3,139,820 675,000 1,265,251

0 0 0

3,139,820 675,000 1,265,249

4,005,364 1,201,309 1,575,307

0 0 0

4,005,364 1,201,309 1,575,306

865,544 526,309 310,057

28% 78% 25%

12,625,122

0

12,625,122

5,080,071

0

5,080,069

6,781,981

0

6,781,980

1,701,911

34%

Asset Proceeds Plant and Fleet Disposal Cost Plant & Equipment Assets Sold Proceeds Land & Building Disposals Cost Land & Building Assets Sold

902,000 (0) 2,805,000 (0)

0 902,000 0 2,805,000

902,000 (902,000) 2,805,000 (2,805,000)

451,000 (0) 1,402,500 (0)

0 451,000 0 1,402,500

451,000 (451,000) 1,402,500 (1,402,500)

222,195 (0) 1,515,880 (0)

0 475,723 0 1,203,000

222,195 (475,723) 1,515,880 (1,203,000)

(228,805) (24,723) 113,380 199,500

(51%) (5%) 8% 14%

Total Proceeds/Cost of Assets Sold

3,707,000

3,707,000

(0)

1,853,500

1,853,500

(0)

1,738,075

1,678,723

59,352

59,352

100%

5,870,000 (0) (0) 500,000 (0) (0) (0)

0 0 0 0 3,000,000 0 0

(0) (0) (0) (0) (0) (0) (0)

0 0 0 0 0 0 0

25,000 0

0 0

0 0

(0) (0) (0) (0) (0) (0) (0) (0) (0)

(0) (0) (0) (0) (0) (0) (0)

0 0

5,870,000 (0) (0) 500,000 (3,000,000) (0) (0) (25,000) (0)

0 0

0 0 0 0 0 0 0 0 0

(0) (0) (0) (0) (0) (0) (0) (0) (0)

(0) (0) (0) (0) (0) (0) (0) (0) (0)

0% 0% 0% 0% 0% 0% 0% 0% 0%

167,802,946

153,002,746

14,800,200

118,702,101

75,255,652

43,446,448

121,954,112

76,593,700

45,360,411

1,913,963

4%

Income Associated with CAPEX

Assets Donated/Brought to Account Impairment Gains Impairment Losses Library Investment Movement Assets Written Off Gain on Revaluation Increase in Market Value of Assets Loss on Revaluation Decrease in Market Value of Assets Operating Result Surplus/(Deficit)

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Ordinary Meeting - 13 February 2013

Annual Budget

YTD Budget

YTD Actual

YTD Variance

Revenue

Expenditure

Net (Unfav)

Revenue

Expenditure

Net (Unfav)

Revenue

Exp Incl Del

Net (Unfav)

Net (Unfav)

$

$

$

$

$

$

$

$

$

$

% Variance

167,802,946

153,002,746

14,800,200

118,702,101

75,255,652

43,446,448

121,954,112

76,593,700

45,360,411

1,913,963

4%

Depreciation Remove Cost Assets Sold Remove Cost Assets WO Remove Valuation Movements Remove Assets Donated/Brought to Acc Remove Library Investment Movement Remove Redundancy Provision Remove Sick Leave Provision

(0) (0) (0) (0) (5,870,000) (500,000) (0) (0)

(27,717,003) (3,707,000) (3,000,000) 25,000 (0) 0 0 0

27,717,003 3,707,000 3,000,000 25,000 (5,870,000) (500,000) (0) (0)

(0) 0 (0) (0) (0) (0) (0) (0)

(13,555,498) (1,853,500) 0 (0) (0) 0 0 0

13,555,498 1,853,500 (0) (0) (0) (0) (0) (0)

(0) 0 (0) (0) (0) (0) (0) (0)

(13,681,976) (475,723) (1,203,000) 0 0 0 0 0

13,681,976 475,723 1,203,000 (0) (0) (0) (0) (0)

126,478 (1,377,777) 1,203,000 (0) (0) (0) (0) (0)

1% (74%) 100% 0% 0% 0% 0% 0%

Capital Expenditure Transfers from Reserves Transfers to Reserves Loan Principal Repaid by Council Loan Principal Received by Council Loan Funds Provided (Heritage) Loan Funds Received (Heritage) Loan Funds Provided (Comm Orgs) Loan Funds Received (Comm Orgs)

(0) 610,000 (0) (0) 11,300,000 (0) 46,734 (0) 84,630

51,533,169 0 7,930,235 2,140,537 0 75,000 0 40,000 0

(51,533,169) 610,000 (7,930,235) (2,140,537) 11,300,000 (75,000) 46,734 (40,000) 84,630

(0) 304,998 (0) (0) (0) (0) 23,777 (0) 42,240

22,815,204 0 587,500 1,117,333 0 37,500 0 20,000 0

(22,815,204) 304,998 (587,500) (1,117,333) (0) (37,500) 23,777 (20,000) 42,240

(0) 1,947,543 (0) (0) (0) (0) 27,752 (0) 42,914

18,604,745 0 7,027,919 1,229,820 0 60,000 0 3,778 0

(18,604,745) 1,947,543 (7,027,919) (1,229,820) (0) (60,000) 27,752 (3,778) 42,914

4,210,458 1,642,545 (6,440,419) (112,488) (0) (22,500) 3,975 16,222 674

18% 539% (1096%) (10%) 0% (60%) 17% 81% 2%

173,474,310

180,272,683

(6,798,374)

119,073,116

84,424,190

34,648,924

123,972,323

88,159,264

35,813,057

1,164,133

3%

Operating Result Surplus/(Deficit) Adjustments to Obtain Rate Result

Rates Surplus/(Deficit)

Actual Accumulated Surplus C/Fwd 30/06/11 Budgeted Accumulated Deficit 30/6/12

8,680,414

1,882,040

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Our People, Our Processes - Reports

Ordinary Meeting - 13 February 2013

ATTACHMENT 2 PROPOSED CAPITAL WORKS SAVINGS/DEFERRAL

Job

Project Name

81389 Rowena Street East Bendigo, Rohs Road to Murphy Street 80399 Bendigo Livestock Exch - Effluent Treatment 81830 Edward, Queen and King Streets Streetscape Works

80194 Eaglehawk Ecocentre Cell Development

81486 Drainage - Firth St/Alliance Ave California Gully 81910 Road Works Furness St To Cannon Lane

80033 Furniture & Equipment - Purchase

Changes to Forecast

Comment

(25,000) Additional expenditure required to finalise the project.

(5,000) Additional expenditure required to finalise the project.

200,000 Additional works associated with an agreement with Target are not required at this stage. However, the funds maybe required in the future.

6,471 Additional funds will be transferred from the Waste Reserve to offset additional expenditure.

(10,000) Additional expenditure required to finalise the project.

379,830 Some works have been undertaken by the developer and as such the project is not required at this point in time.

10,000 Reduce spend

81606 Software - ECM Licences 81560 Ewing Park Oval Development

12,017 15,000

81687 Peter Krenz Leisure Centre - Spas

20,000

80048 Swimming Pools Maintenance Program

30,000

81897 Implementation of Play Space Strategy - Renewal/Upgrade Only

60,000

81966 Lake Weeroona Pavilion Upgrade Works 81825 Spring Gully Stanley Avenue Lighting and Fencing 81941 Heathcote Preschool Stage 2 Landscaping Works

44,500

Project complete, under budget Project to be completed under budget Project to be delivered on budget, under forecast Project to be $30k over budget, however $30k under previous forecast This is a rolling program, so there will be a reduction in the number of play spaces implemented in 2012/13 Project not required

2,500

Additional revenue forecast

81694 Safe Transport Space 81060 Asbestos Audits & Removal Program

25,000

Project has significantly grown in scope at the request of user bodies, so will be fully rebudgeted in future years.

(22,000) Additional expenditure required to finalise the project.

25,000 Saving as result of deferring rolling project

PAGE 170

Our People, Our Processes - Reports

Job

Project Name

Ordinary Meeting - 13 February 2013

Changes to Forecast

Comment

81709 Building Security and Access Upgrade 81872 Heathcote Court House Upgade Works

60,000

80031 Council Properties Improve/Upgrade 80598 Edward Street Carpark Complex Construction 81550 Indoor Aquatic and Leisure Centre Detailed Design

2,000

Saving as result of deferring rolling project Project amended to full design with project to be re-budgeted in future years.

Amend forecast to match budget.

50,000

Savings in project

20,000

Savings in project. Still allows $100,000 in designs to be spent this financial year.

Savings in project Project not required, maybe rebudgeted in future years.

Delay project to 2013/14 Project slightly delayed while finalising discussion in regards to emergency housing.

Push majority of project to 2013/14 Push majority of project to 2013/14

81797 Bendigo Showgrounds Upgrade 80523 Capital Theatre Footings/Damproofing 81882 Drainage - Rosalind St 81738 Dower Park Master Plan

38,000

22,000 50,000 50,000 2,530

81935 Mews Central Bendigo Spouting 8,000 Replacement & Repairs 81937 Spring Gully M&CH Centre 4,500 Pergola Total Funds 1,075,348

PAGE 171

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Ordinary Meeting - 13 February 2013

6.5 RECORD OF ASSEMBLIES Document Information Author

Peter Davies, Manager Executive Services

Responsible Director

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.

Policy Context The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.

Background Information The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed.

A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1.

2.

A planned or scheduled meeting that includes at least half the Councillors (5) and a member of Council staff; or an advisory committee of the Council where one or more Councillors are present.

The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.

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

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Our People, Our Processes - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 13 February 2013

Meeting Information Farming Consultative Committee 11 December, 2012 1. City of Greater Bendigo Rural Areas Strategy 2. Update on Project RENEW 3. Draft Terms of Reference for the Farming Consultative Committee Attendees/Apologies Cr James Williams Cr Elise Chapman (part) Jenny Pendlebury Nick Byrne Harry Holmberg Jim Long Apologies: Pauline Gordon Roland McKinnon Roger Trewick Debbie Thewlis

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

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Our People, Our Processes - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 13 February 2013

Meeting Information Councillors' Forum 16 January, 2013 1. Planning matters and draft Ordinary Meeting agenda Review 2.

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 Darren Fuzzard Pauline Gordon Stan Liacos Marg Allan Prue Mansfield Peter Davies Alison Campbell

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.

PAGE 174

Ordinary Meeting - 13 February 2013

7.

URGENT BUSINESS

Nil.

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Ordinary Meeting - 13 February 2013

8.

NOTICES OF MOTION

8.1 NOTICE OF MOTION: CALDER ALTERNATIVE HIGHWAY, MARONG

CR ELISE CHAPMAN

1.

That Council establish two-way traffic on the service road on the east side of the Calder Alternative Highway at Marong adjacent to Malone Park.

2.

That Council advocate to VicRoads and the Minister for Transport to design and enable two-way access from the Calder Alternative Highway to the service road.

OFFICER COMMENT: The benefit of operating the eastern service road two-way is dependent on whether VicRoads or the Minister chooses to accede to the request for two-way access to the highway.

VicRoads has revisited this matter on several occasions and has consistently indicated that two-way access to the highway is not considered appropriate.

Operating the service road as a two-way without two-way access onto the highway may create safety problems as unfamiliar drivers could misunderstand how the service road is operating. It may also encourage wrong way movements onto the highway.

Should Council deem it appropriate to operate the service road two-way without two- way access to the Highway then additional infrastructure (funded by Council) will be required to address these safety concerns. No design has been developed for this situation however a cost of around $10,000 could be expected.

It is recommended that the decision to establish two-way traffic on the service road be made following the outcome of the Ministerâ&#x20AC;&#x2122;s / VicRoadsâ&#x20AC;&#x2122; consideration of the request for two-way highway access (if sought).

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Ordinary Meeting - 13 February 2013

9.

COUNCILLORS' REPORTS

10. MAYOR'S REPORT 11. CHIEF EXECUTIVE OFFICER'S REPORT 12. CONFIDENTIAL (SECTION 89) REPORTS Nil.

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Ordinary Meeting - 13 February 2013

PAGE 178