Council Meeting Minutes 14 November 2012

MINUTES Ordinary Meeting of Council 6.00pm Wednesday November 14, 2012

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

NEXT MEETING: Wednesday December 5, 2012 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au

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 14 NOVEMBER 2012

ORDER OF BUSINESS: ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

3

PRAYER

3

PRESENT

3

APOLOGIES

3

SUSPENSION OF STANDING ORDERS

3

PUBLIC QUESTION TIME

4

RESUMPTION OF STANDING ORDERS

4

DECLARATIONS OF CONFLICT OF INTEREST

5

CONFIRMATION OF MINUTES

6

1.

PETITIONS AND JOINT LETTERS

8

1.1

Joint Letter - Road Grading, Kamarooka

8

2.

BUILT AND NATURAL ENVIRONMENT

10

2.1

Building and Works Associated with Expansion and External Alterations to Existing Shopping Centre.

Reduction in Car Parking Requirements and Removal of Native Vegetation - 267-283 High Street, Kangaroo Flat

10

2.2

Staged Subdivision of Land into 16 Lots - 21 Highett Street, Epsom

28

2.3

2 Lot Subdivision of Land, Construction of 2 Dwellings and Demolition of Existing Dwelling - 49 Little Breen Street, Quarry Hill

45

2.4

Use and Development of a Dwelling and Associated Outbuilding and Removal of Native Vegetation - 1541 Axedale-Goornong Road, Barnadown

67

2.5

2 Lot Subdivision - 9 Devon Close, Strathdale

76

2.6

Subdivision of Land into Two Lots - 57 Ryalls Lane, Strathfieldsaye

87

2.7

Notice of Intention to Amend Local Law No. 11, Protection of Public Assets and Control of Building Sites

98

3.

ECONOMIC DEVELOPMENT

113

4.

COMMUNITY AND CULTURE

114

4.1

Community Grants Program Round 1

114

4.2

'Achieving Respect and Gender Equality in Greater Bendigo' Position Statement

123

4.3

Council Plan 2009 - 2013 (Revised 2012) - Quarterly Report On Progress (September 2012)

129

4.4

Hargreaves Mall Playspace

135

4.5

Long Gully and Golden Square Swimming Pools

144

5.

OUR PEOPLE, OUR PROCESSES

155

5.1

Accounts Payable and Contracts Awarded Under Delegation

155

5.2

Record of Assemblies

157

5.3

Major Capital Works Budget Submission Policy

168

5.4

Comparative Statement of Budgeted and Actual Revenue and Expenditure as at 30 September 2012

174

6.

URGENT BUSINESS

180

7.

NOTICES OF MOTION

180

8.

COUNCILLORS' REPORTS

180

9.

MAYOR'S REPORT

182

10.

CHIEF EXECUTIVE OFFICER'S REPORT

183

11.

CONFIDENTIAL (SECTION 89) REPORTS

183

____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 14 November 2012

ACKNOWLEDGEMENT OF COUNTRY PRAYER PRESENT 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 Mr Craig Niemann (Chief Executive Officer) Ms Marg Allan (Director, Organisation Support) Mr Darren Fuzzard (Director, Presentation and Assets) Ms Pauline Gordon (Director, Community Wellbeing) Mr Stan Liacos (Director, City Futures) Ms Prue Mansfield (Director, Planning and Development) Mr Peter Davies (Manager, Executive Services) Mrs Alison Campbell APOLOGIES Nil SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the recognition of outgoing Councillors: Bruce Phillips; and Alec Sandner and the conduct of Public Question Time.

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RESOLUTION Moved Cr Fyffe, seconded Cr Lyons.

That Standing Orders be suspended to allow the recognition of outgoing Councillors: Bruce Phillips; and Alec Sandner and the conduct of Public Question Time.

CARRIED PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS That Standing Orders be resumed.

RESOLUTION Moved Cr Fyffe, seconded Cr Cox. That Standing Orders be resumed.

CARRIED

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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 minutes; 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.

Cr Ruffell declared a conflict of interest (direct financial interest) in the Built and Natural Environment Report No. 2.3 (2-Lot Subdivision of Land, Construction of 2 Dwellings and Demolition of Existing Dwelling - 49 Little Breen Street, Quarry Hill) as she is the part owner of the property.

Cr Ruffell declared a conflict of interest (indirect financial interest) in the Community and Culture Report No. 4.4 (Hargreaves Mall Playspace) as she operates a business in the Hargreaves Mall.

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Ordinary Meeting - 14 November 2012

CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday October 17, 2012.

The following items were considered at the Ordinary Council meeting held on Wednesday October 17, 2012 at 6:00pm.

• • • • • • • • • • • • • • • • • • • • • • • • • • •

Consideration of the City of Greater Bendigo 2011/2012 Annual Report Presentation of the Report of the 2011/2012 Mayoral Term Recognition of Retiring Councillors, James Reade and Keith Reynard Response from Retiring Councillors, James Reade and Keith Reynard Planning Scheme Amendment C190 - Rezoning of Land at 244 Edwards Road, Maiden Gully and Crown Allotments 43A, 43B, 43D, 43H and 43J Parish of Marong Consideration of Request for Ministerial Authorisation and Exhibition of Amendment Adoption of Amendment C180 - To Rezone Land at 35A High Street, 39 High Street and 4 Danson Street, Kangaroo Flat to Business 4 Zone (APCO site) Construction of 29 One Bedroom Dwellings and Removal of Native Vegetation - 73 Howard Street, Ascot Five Lot Subdivision, Removal of Outbuildings, Construction of Three Dwellings and Construction of Two Carports - 64-66 Drought Street, Bendigo Use and Development of Fitness Centre, Business Identification Signage and Car Parking (Amendment to Permit to Remove Condition 20 to Allow 24 Hour Access to the Gym) - 435-439 High Street, Golden Square 2-Lot Subdivision of Land - 5 Lethebys Road, Sailors Gully Resubdivision of Land into Tow Lots - CAs 15B, 16B and 17B Brownes Lane, Axedale Submission to the Proposed Zone Reforms Crocodile Gold P/L Fosterville Gold Project Nominations for Community Representatives Response to Petitions: Dust Problem and Proposed Road Closure in Chrysler Drive, Epsom Edward Street Car Park and Office Completion Report Summary Annual Venue Report The Capital 2011/12 Annual Report for Bendigo and Heathcote Visitor Information Centres Tourism 2011 Annual Venue Report for Bendigo Art Gallery and Post Office Gallery 2011/2012 Annual Venue Report Bendigo Exhibition Centre 2011/2012 Community Facilities Funding Program - Soccer Facilities Regional Strategic Plan (RSP) - Southern Region Annual Report 2011/2012 Accounts Payable and Contracts Award Under Delegation Record of Assemblies Proposed Council Meeting Dates for Remainder of 2012 Bendigo Trust Annual Report 2011/2012 Goldfields Library Corporation Annual Report 2011/2012 Bendigo Stadium Annual Report 2011/2012

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Ordinary Meeting - 14 November 2012

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 October 17, 2012 as circulated, be taken as read and confirmed.

RESOLUTION Moved Cr Fyffe, seconded Cr Cox. That the recommendation be adopted.

CARRIED

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1.

PETITIONS AND JOINT LETTERS

1.1 JOINT LETTER - ROAD GRADING, KAMAROOKA

Petitions and joint letters with ten (10) or more signatures are included in the agenda or tabled at the meeting, unless there is a separate legal process for considering the petition or joint letter, as there is for planning submissions or submissions following public notices (Section 223 LGA)].

A joint letter has been received from residents regarding maintenance grading of Clarkson Road, Kamarooka, as outlined below:

"Maintenance grading Clarkson Road, Kamarooka ‌ thank you for your correspondence regarding the abovementioned roadworks request and works done so far.

It is requested that the maintenance to Clarkson Road extend to the east and past both sides of the old Kamarooka Hotel and stockyards to the Elmore Raywood Road. This has not been attempted and works so far have only been only as far to the Kamarooka State Forest Western Boundary Road.

We ask for your prompt attention as these roads are used frequently for moving stock, machinery and access to these allotments. This road is also used for Fire Truck access in an emergency to these properties and to the Kamarooka State Forest.

The ungraded section of this road is now impassable due to its poor condition.

Damage to vehicles and equipment would occur if used and possibly worse to the inattentive road user.

Below are names and signatures of people that use these roads who endorse this request".

Signatures

-

11

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RECOMMENDATION That the joint letter be received and a response be prepared within two (2) meetings.

RESOLUTION Moved Cr Williams, Seconded Cr Cox. That the recommendation be adopted.

CARRIED

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Built and Natural Environment - Reports

2.

Ordinary Meeting - 14 November 2012

BUILT AND NATURAL ENVIRONMENT

2.1 BUILDING AND WORKS ASSOCIATED WITH EXPANSION AND EXTERNAL ALTERATIONS TO EXISTING SHOPPING CENTRE. REDUCTION IN CAR PARKING REQUIREMENTS AND REMOVAL OF NATIVE VEGETATION - 267-283 HIGH STREET, KANGAROO FLAT Document Information Author

Chris Duckett, Co-ordinator Land Use

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Planning permission is sought for the redevelopment of the existing Centro Lansell shopping centre at 267-283 High Street, Kangaroo Flat.

Associated with the redevelopment are extensions and alterations to the existing buildings, removal of native vegetation and a reduction in car parking requirements.

The key issues under consideration are: •Economic impact of the proposal; •Whether the proposal is a good urban design outcome; •Access and connectivity to the surrounding area; •Impact on the environmental values of the area.

Three objections were received against the proposal. A consultation meeting was held at which all objectors, an additional five local residents, the applicant and the Ward Councillor attended. No objections have been withdrawn.

This report recommends that the Greater Bendigo City Council issue a Notice of Decision to Grant a Planning Permit for the proposal as it is in compliance 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.

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

DC/326/2012 21 May 2012 Charter Hall Retail REIT 267-283 High Street, KANGAROO FLAT Road Zone 1 Business 1 Zone None

Subject Site and Surrounds The subject site is a large irregular block of land with an area of 8.76 hectares which has frontages to High Street and Railway Street. Located on the site is the existing Centro Lansell shopping centre which has recently been renamed Charter Hall Lansell Square.

The primary access to the shopping centre is from High Street.

The topography of the site varies considerably with the site generally rising from the High Street frontage to the rear.

In addition to the shopping centre the site includes a number of peripheral uses such as a petrol station, library and fast food restaurant.

The site has a large amount of surface car parking and an undeveloped, partially vegetated area fronting an unmade Railway Street.

The surrounding area comprises the following: •South - Kangaroo Flat Market Centre and undeveloped residential land •North - Bunnings Warehouse •East - Residential units beyond High Street •West - Railway line beyond Railway Street.

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Figure 1: Location map showing subject site. Objectors' properties marked with a star, one objector is outside the scope of the map.

Proposal The proposed works can be summarised as follows: • • • • • • • • • • • • • •

Demolition of existing Coles supermarket and relocation and construction of a new Coles supermarket (4,101m2).

Expansion of existing Woolworths supermarket (1,230m2).

Relocation of existing mini-major retailer (900m2).

New specialty shops (including reconfiguration of some of the existing tenancies).

Proposed potential medical centre (688m2).

Total proposed additional net floorspace 5,200m2 giving a total of 22,595m2.

Reconfiguration of car parking and access arrangements.

Provision of an additional 226 car parking spaces.

Removal of 14 indigenous trees and 0.12 hectares of remnant vegetation of medium conservation significance.

Removal of 76 planted (amenity) trees.

Replacement landscaping and tree planting throughout the site.

Excavation works along the eastern boundary to accommodate an expansion of the building footprint.

External alterations to the building including a remodelling of the façade.

Improved pedestrian linkages throughout the site including a link to the residential land to the south.

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Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework • • •

Clause 12 Environmental and landscape values Clause 15 Built environment Clause 17 Economic development

Municipal Strategic Statement • •

Clause 21.07 Economic development Clause 21.10 Reference documents

Local Planning Policies •

Clause 22.08 Highway Entrances and Boulevard Policy

Other Provisions • • • •

Clause 34.01 Business 1 Zone Clause 52.06 Car parking Clause 52.17 Native vegetation Clause 52.34 Bicycle facilities

The site is in the Business 1 Zone. A permit is required to construct a building pursuant to the Business 1 Zone, to remove native vegetation pursuant to clause 52.17 and to reduce car parking requirements pursuant to clause 52.06.

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

Comment

VicRoads

No objection

Public Transport Victoria

No objection subject to conditions

Department of Sustainability and No objection subject to conditions Environment (DSE) Environmental Health

No objection

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

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

Loss of trees and habitat for nesting birds;

•

Loss of access road to the west of current Coles and the impact this would have on ease of access for persons with disabilities;

•

Location and number of disabled parking spaces;

•

Lack of integration/access between Centro and residential area to the south.

The objections are discussed below.

Planning Assessment Would the proposal maintain and strengthen the economic competitiveness of the retail and commercial hierarchy The applicant has provided an economic assessment which has concluded that there is sufficient market demand to support the development and it will help to retain more expenditure locally.

Around 55% of the proposed floorspace will be taken up by new or expanded supermarkets and the assessment found that there is currently 42,800m2 of supermarket floorspace across the main trade area which includes outlying towns such as Castlemaine and Rochester. This equates to 357m2 per 1,000 people which is 6% below the non-metropolitan Victoria average of 381m2 per 1,000. Furthermore it is forecast that growth in expenditure will result in an increase in demand of supermarket floorspace by about 8,400m2 from 2011 to 2021 and that this would support the proposed floorspace at Centro Lansell as well as proposed supermarkets at Eaglehawk, Maldon and Kennington.

In terms of strategic planning policy, the Kangaroo Flat South Regional Centre is second to Bendigo CBD in the commercial activity centre hierarchy. The City of Greater Bendigo Commercial Land Strategy 2004 estimates that 7,330m2 of retail floorspace and 12,870m2 of bulky goods floorspace will be required in the centre by 2021.

The application proposes additional floorspace with total area of 5,200m2 and will therefore be compatible with the City's commercial land strategy and would ensure that the retail centre remains competitive and continues to provide opportunities for business development.

In terms of economic development the proposal clearly has some positive factors such as the overall investment and the creation of new employment opportunities with an estimate of 175 additional retail jobs.

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In this respect the proposal is compliant with economic considerations in clauses 17 and 21.07 and there is no disagreement that the principle of the expansion is appropriate and fully supported by planning policy.

Would the proposal result in an acceptable urban design outcome in light of relevant policies and guidelines.

Clause 15 Built Environment states that "Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value." In addition it is stated that planning should achieve high quality urban design and architecture.

Clause 15.01-2 Urban design principles has the objective of achieving architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

Clause 22.08 Highway Entrances and Boulevard Policy applies to land abutting and adjoining some of the key main roads into Bendigo. The policy aims to ensure that new works enhance the overall presentation and appearance of the highway entrance and references the importance of the siting, design, bulk, appearance, materials and colour of any proposed building or works.

Clause 21.07-2 sets out the commercial strategies for the municipality which include: •Ensure that new retail development in the Kangaroo Flat South Regional Centre incorporates high quality urban design and architecture, with active frontages to the Calder Highway and internal access routes. Pedestrian and cycle paths should be clear and legible to the user.

Strategies such as this evolved out of the Kangaroo Flat South Regional Centre Structure Plan which has been adopted by Council and is a reference document in the Planning Scheme.

The Plan applies to land in the Centro Lansell centre and surrounds and is used to guide development in a co-ordinated manner and provide certainty for landowners and developers regarding development expectations for the precinct.

The Plan has a series of design principles which are integral in guiding the implementation of the Structure Plan and assessment of development opportunities.

Principles relevant to this proposal include: • • • •

To reduce the visual dominance of open surface car parking areas as viewed from the Calder Highway/ High Street.

To establish a higher order of building scale and design within the Precinct in the longer term that can raise the profile, image and presentation of the Centre.

To support the continuation of a well located, accessible and visible bus interchange at the front of the Centro Lansell Plaza building.

To encourage pedestrian, cycling and public transport access to the activity centre in lieu of private vehicle trips.

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•

Ordinary Meeting - 14 November 2012

To ensure that car parking areas are laid out in a legible manner with a clear delineation between pedestrian and vehicle access points.

With specific regard to Centro Lansell the Plan encourages an urban form of two storey with active or attractive frontage to both the Highway and internal access routes, concealment of service areas and integration of signage into architectural form.

Improvements to pedestrian access are also a key urban design focus of the Plan including the provision of a north-south link and pedestrian link to the residential area to the south.

The appearance of the existing shopping centre is somewhat tired and outdated and includes large expanses of dead frontages. Moreover the shopping centre is typical of the designs undertaken in recent years with the building located in a sea of car parking relatively isolated from nearby road and footpath systems. The layout suffers from nondirect and illegible pedestrian access throughout the site with a resulting potential conflict between vehicles and pedestrians.

This type of shopping centre design is widely accepted as a poor urban design outcome and current guidance and policy encourages a shift towards more street-based activity centres.

Whilst it unrealistic to expect this proposal to fully rectify the urban design flaws in the original design it is fair to say that (outside of unavoidable tree removal) it will result in some considerable improvements. The proposal will introduce a new modern façade with a greater number of pedestrian entry points and an increase in the number of active frontages. These changes will be a visual enhancement when viewed from within the centre and from the surrounding area.

However the plans that have been submitted lack an element of detail in terms of where the entry points to all retail units are and also where signage will be located so a condition will require this to be provided prior to commencement of development.

Another positive aspect of the proposal is that there will be significant improvements to the pedestrian linkages. These include the provision of a north-south link between Bunnings and the Kangaroo Flat Market Centre, links from High Street and a link to the residential development to the south of the site. All of these are encouraged in the Structure Plan and the link through the residential development partially addresses concerns raised by residents. The issue of access to the site is discussed further below.

Overall it can be concluded that this development would result in design and layout improvements throughout the site which would make the proposal largely compliant with urban design policies and guidance in the Planning Scheme.

Access to the site Residents of the Byambee Rises Estate have raised concerns regarding a lack of integration between the site and residential area to the south. They have cited two links that were identified in the Structure Plan; a pedestrian link from future residential development to the south of Centro Lansell and a pedestrian and vehicular link from the unmade section of Railway Street to the centre.

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The City is currently considering a subdivision application at 12 Robert Street and residents have raised similar concerns on that proposal.

Officers agree with local residents that a pedestrian link through to Roberts Street is desirable and given that it was encouraged in the Structure Plan it should be included in the development proposal. As two applications are currently being considered there is a good opportunity to work with the applicants to facilitate the provision of the pedestrian link. Both applicants have indicated a willingness to include the link in their respective proposals and a condition will be imposed on this approval requiring it to be provided.

The provision of a link on Railway Street is less easy to achieve. The Structure Plan envisaged two storey built form with frontage to Railway Street. This would have enabled a pedestrian overpass from Railway Street to the shopping centre. As the proposed redevelopment maintains single storey development, the difference in levels would mean that a pedestrian link from Railway Street is not feasible.

In terms of a vehicular access from Railway Street, the applicant for the subdivision on Roberts Street is prepared to put aside land which would allow a future vehicle access to be provided. However before this could be implemented, Railway Street would be required to be fully constructed.

Although the Structure Plan states that Railway Street should be constructed and sealed in the future, it would be unreasonable to expect either the applicant for Centro redevelopment or the subdivision applicant to meet the cost of these works as there is no evidence that this additional vehicular link is required to mitigate the traffic impact of either of the proposed developments.

Whilst the construction of Railway Street may be desirable in the long-term, there are no current plans to include the road construction in the City's capital works programme.

Therefore the construction of the Railway Street lies outside the scope of consideration of this application.

A resident of Hill Street to the north of the site has raised concerns regarding the loss of an access road which is currently located to the west of the Coles supermarket. It is proposed that the supermarket will be rebuilt where this access road currently is. The resident is disabled and has concerns the proposal will result in a more circuitous route which will disadvantage her. Additional concerns have been raised regarding the number and location of disabled parking spaces.

It is correct that when travelling from Hill Street to access the new Coles supermarket the redevelopment will mean a slightly longer car journey in the order of 200m. However this minor inconvenience will be offset by the fact that this will be a safer vehicular route as public access will be segregated from the loading area and truck movements no will longer hold up passing traffic as they currently do.

The proposal will also be of benefit to persons with disabilities due to the increased provision of disabled parking spaces from 10 to 21 and the significantly improved pedestrian access throughout the site.

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Impact on the environmental values of the area The applicant has submitted an ecological assessment which concludes that the loss of 14 indigenous trees and 0.12 hectares of remnant vegetation of medium conservation significance is acceptable from a biodiversity perspective and can be appropriately offset.

This conclusion is accepted by officers and DSE. Aside from the impact on environmental values which will be addressed through the offset requirements, the trees in the car park have amenity value and many of the trees have been retained in various planning applications on the site over the years.

This is a major development and it is to be expected that there will be a loss of planted (amenity) trees as a result. A total of 76 of these trees will be lost, however the applicant will keep 11 trees including a small number of the more significant trees in the layout.

The landscaping plan will provide for approximately 95 replacement trees which will result in a net gain of 19 trees on the site. However, there is an opportunity to provide more than this number, particularly proximate to the pedestrian routes. Given the number of mature trees that will be lost, this would not be an unreasonable requirement and will be included as a permit condition.

In regards to the concerns raised by a local resident with to respect of the loss of trees and wildlife habitat, the ecological report submitted by the applicant recommended mechanisms to address potential disturbance to fauna on-site during the removal of trees, including the presence of a qualified Zoologist on site and avoiding a spring construction time to minimise disturbance to hollow-dependant fauna, particularly nesting birds. It is considered that these recommendations would satisfactorily address the concerns raised by the objector and the applicant is prepared to accept a condition to this effect.

Car parking and bicycle facilities The applicant is proposing to provide an additional 226 spaces which will bring the total number of spaces on-site to 1,034 and a reduction of 40 car parking spaces required by the Planning Scheme is being requested.

An empirical assessment of parking demand has been provided. The assessment concludes that the net increase in retail and medical centre floor space would generate a demand of 257 spaces. Whilst this demand is more spaces than is being provided, the overall floorspace of the expanded shopping centre generates a need for 972 spaces. In other words there is currently a supply of car parking which exceed demand. Therefore the expanded car park can readily accommodate the peak parking demands likely to be generated by the development.

In terms of the design of the car park, the Planning Scheme car parking provisions set in Clause 52.06 have recently been amended to include new design requirements for car parking. The proposal fully meets the design requirements particularly in that it caters for pedestrians and provides an appropriate level of landscaping to counter the visual impact of the expanse of car parking.

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Clause 52.34 Bicycle facilities has a requirement to provide 19 additional bicycle parking spaces and an additional shower for staff members. This has been provided by the applicant.

Conclusion This proposal would result in the regeneration of the existing shopping centre which would provide an economic boost for the local area of Kangaroo Flat as well as providing wider economic benefits.

The proposal would result in an improved urban design outcome which would greatly improve pedestrian connectivity and enhance the appearance of the site when viewed from both within and from outside of the site.

The loss of vegetation will be appropriately mitigated through offsets off-site and the replacement of amenity trees on the site.

It is concluded that with appropriate conditions the development is compliant with the relevant clauses of the City of Greater Bendigo Planning Scheme.

Options Council, acting as the responsible authority, may resolve to approve 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 building and works associated with expansion and external alterations to existing shopping centre, reduction in car parking requirements and removal of native vegetation at 267-283 High Street, Kangaroo Flat subject to the following conditions: 1.

MODIFIED PLAN REQUIRED Before the use and/or development start(s), 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 will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Detailed elevation plans which show the location of proposed signage areas to all retail units. (b) Detailed site plan and/or floor plans which show the proposed pedestrian entry points to all retail units that front the access road/car park. (c) Landscaping plan to accord with condition 3.

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(d) The section of pedestrian walkway between the Woolworths expansion and Bunnings to be flipped so that the walkway is straight, and the car parking is accessed from the other side.

2.

NO LAYOUT ALTERATION The development permitted by this permit as shown on the endorsed plan(s) 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.

LANDSCAPE PLAN REQUIRED Before the development starts, two copies of a landscape plan must be provided. The plan must generally be in accordance with Drawing No. LA001 Rev A submitted with the application but modified to include: (a) Details of surface finishes of pathways and driveways (b) The relocation of the pedestrian link to the east of the library so that it joins the footpath adjacent to the library (c) A section of the pedestrian walkways which must be raised in order to delineate them from vehicular traffic. (d) The provision of additional trees on pedestrian walkways in the car park to the satisfaction of the responsible authority. (e) The provision of a formal footpath adjacent to the lighting store as shown on the submitted ground floor plan but located with a suitable setback to the kerbline and to line up with the pedestrian crossing at the traffic lights on High Street. (f) 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 All species selected must be to the satisfaction of the responsible authority.

4.

COMPLETION OF LANDSCAPING Before the occupation of the development 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.

SOUTHERN PEDESTRIAN LINK Prior to the occupation of the development a pedestrian link must be provided to the land to the south at 12 Roberts Street. The link must be designed to appropriately align with any future subdivision layout of that land.

6.

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

7.

PROTECTION OF WILDLIFE The applicant must use all endeavours to protect existing wildlife during the construction of the development including the following: (a) Removal of the trees on the site must only occur outside the breeding PAGE 20

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season (i.e. outside Spring) to minimise disturbance to existing habitats/nesting. (b) A zoologist must be present when the vegetation is removed in order to undertake salvage and translocation for both common and significant fauna species.

8.

CAR PARK CONSTRUCTION Before the use or occupation of the development starts, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be: (a) Constructed (b) Properly formed to such levels that they can be used in accordance with the plans (c) Surfaced with an all-weather-seal coat (d) Drained (e) Line marked to indicate each car space and all access lanes (f) Clearly marked to show the direction of traffic along access lanes and driveways to the satisfaction of the responsible authority. (g) The easternmost access must only be used for delivery vehicle entry. (h) Provided with a clearly marked pedestrian route from the new car park to the building entry point. (i) Public lighting in accordance with AS/NZ 1158.0-2005/Amdt 2-2010 minimum lighting category C2 and the fittings are to minimise spill lighting on to neighbouring property (including road reserves) in accordance with AS/NZ 4282-1997. (j) 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 linemarked in accordance with AS/NZ 2890.6-2009, section 3.

9.

REFRIGERATION AND 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.

10.

BAFFLED LIGHTING External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the responsible authority.

11.

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.

12.

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 PAGE 21

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amenity of the locality.

13.

SCHEDULE OF MATERIALS AND FINISHES Prior to the commencement of the development a schedule of the proposed colours and finishes to be used for the building, shall be submitted to and approved in writing by the responsible authority.

14.

STORMWATER DRAINAGE 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.

The City would not support the build over of the existing drainage line.

15.

FLOW PATH Prior to commencement of construction the applicant must demonstrate that the 100 year flow path will not be compromised by the development.

16.

PUBLIC TRANSPORT VICTORIA (a) Prior to occupation of the development, the works to the bus interchange (provision of a canopy over the bus area, provision of seating facilities, and improvements to the egress arrangements for buses from the site), must be completed in accordance with the endorsed plans, to the satisfaction of Public Transport Victoria, at full cost of the permit holder. (b) The existing bus stops may continue to operate during construction, however if temporary stops in an alternative location are required, the temporary bus stops must be provided in consultation with, and to the satisfaction of Public Transport Victoria, at full cost of the permit holder.

Once the development works are completed, the temporary stop must be removed and the bus interchange reinstated as shown in the endorsed plans, and deemed operational to the satisfaction of Public Transport Victoria. (c) The permit holder must take all reasonable steps to ensure that disruption to bus operations is kept to a minimum during construction. Foreseen disruptions to bus operations must be communicated with mitigation measures to Public Transport Victoria and bus operators fourteen (14) days prior.

17.

DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT (DSE) Offsets 1. In order to offset the removal of 0.04 habitat hectares of native vegetation of Box Ironbark Forest Ecological Vegetation Class of medium conservation significance and 1 very large tree, 1 large trees, 4 medium trees and 7 small trees of Box Ironbark Forest Ecological Vegetation Class of low conservation significance approved for removal as part of this permit, the applicant must provide for: (a) the protection and management for conservation purposes of 0.04 habitat hectares of native vegetation of Box Ironbark Forest Ecological PAGE 22

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Vegetation Class of medium conservation significance. (b) the planting and protection of 260 trees of Box Ironbark Forest Ecological Vegetation of low conservation significance or an alternative to the satisfaction of the responsible authority.

2. To provide the required offset, within 12 months of the vegetation removal, the applicant or the owner must either: (a) 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 (b) have prepared an offset plan endorsed by the responsible authority.

The offset plan must be prepared to the satisfaction of the responsible authority and submitted to and approved by the responsible authority.

The offset plan must include a: (i) description of the site where the offset will be provided, including a site plan (ii) schedule of the works required 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 specified management actions • timeline for the implementation of the management actions • method by which the management actions will be undertaken • standard to which the management actions will be undertaken When approved, the offset plan will be endorsed and will then form part of the permit.

3. Within 12 months of the vegetation removal: (a) the endorsed offset site must be permanently protected to the satisfaction of the responsible authority ( i.e. encumbrance on title) ; and (b) a copy of the endorsed offset plan and protection mechanism (e.g. title showing encumbrance) must be lodged with the Department of Sustainability and Victoria.

Tree Protection Zone 1. Before works start, a protection fence must be erected around the retained vegetation, the delineated area will define a ‘Vegetation Protection Zone’.

The protection fence must: (a) Be constructed of post and ‘Paraweb’ or equivalent to the satisfaction of the responsible authority. (b) Be constructed of highly visible temporary material (c) Remain in place until all works are completed to the satisfaction of the responsible authority. (d) Have adequate signage to indicate the ‘Vegetation Protection Zone’ until all works are completed.

2. Except with the written consent of the responsible authority, within the Vegetation Protection Zone: (a) no vehicular or pedestrian access, trenching or soil excavation is to occur (b) no storage or dumping of tools, equipment or waste is to occur (c) no establishment of temporary or permanent infrastructure including PAGE 23

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but not limited to crossovers, driveways, and/or power supply (d) no use of chemicals (e) no drainage is to be directed into this area (f) no activities that will damage the trees or impact the long term viability.

RESOLUTION Moved Cr Lyons, Seconded Cr Chapman.

That the recommendation be adopted.

CARRIED

AMENDMENT

Cr Leach That the recommendation be adopted with an additional condition to be included for the road access to be altered to Railway Terrace.

The amendment lapsed for want of a seconder.

The original motion was then put and carried.

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Aerial of Site

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Proposed Site Plan

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2.2 STAGED SUBDIVISION OF LAND INTO 16 LOTS - 21 HIGHETT STREET, EPSOM Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns an application to subdivide the land at 21 Highett Street, Epsom into 16 low density residential lots. The site abuts the Bendigo Creek and is adjacent to the Epsom Wastewater Treatment Plant.

Matters relating to the site's proximity to the treatment plant, as well as objectors, concerns about drainage and traffic problems are particularly relevant to the application.

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

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

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

• Achieve high quality outcomes in planning and policy activities.

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

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

DS/449/2011 27 June 2011 Terraco 21 Highett Street, EPSOM Low Density Residential Zone Development Plan Overlay 4 Environmental Significance Overlay 1 Land Subject to Inundation Overlay Vegetation Protection Overlay 1

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Subject Site and Surrounds The site is located in Epsom, approximately 350m west of Midland Highway. The site consists of a single land parcel known as Lot 6 on Plan of Subdivision 217518Q. The area of the site is 8.979ha and the site is irregular in shape. The north, south and east boundaries of the site have road abuttals to Carsons Road, Marks Road and Highett Street respectively, while the west boundary of the site abuts the Bendigo Creek.

There is a single dwelling on the site, together with various sheds. Vegetation has largely been cleared from the site.

To the north of the site is the Epsom Recreation Reserve and to the south is industrially zoned land. Low density housing extends eastward from the site to Midland Highway. To the west, on the opposite side of the Bendigo Creek, is the Coliban Water wastewater treatment plant.

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 16 low density residential lots. The subdivision layout will feature:

Lot sizes ranging between 4,000m2 and 4,450m2.

Building envelopes on selected lots. The building envelopes are necessary because the sewer cannot reach all parts of the site due to the lack of depth in the existing reticulation.

A new internal cul-de-sac off Highett Street.

Lots fronting the new internal street.

The lots created by the subdivision will be fully serviced by water, sewerage, electricity, telecommunications and gas supply systems. The subdivision will be carried out in stages.

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Planning Controls - Greater Bendigo Planning Scheme The site is in the Low Density Residential Zone and is covered by the following overlay controls:

Development Plan Overlay Schedule 4 - Density Management Areas.

Environmental Significance Overlay Schedule 1 - Watercourse Protection (over part of the site).

Land Subject to Inundation Overlay (over part of the site).

Vegetation Protection Overlay Schedule 1 - Wildlife Corridor Protection (over part of the site).

The subdivision of the land triggers the need for a permit pursuant to the zone provisions and the ESO and LSIO overlay provisions. A permit must not be granted until a development plan is approved pursuant to the DPO provisions. A development plan has been submitted for approval concurrent with the permit application.

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).

Floodplains (clause 13.02).

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

Salinity and erosion risk policy (clause 22.04).

Other Provisions

Low Density Residential Zone (clause 32.03).

Environmental Significance Overlay (clause 42.01).

Vegetation Protection Overlay (clause 42.02).

Development Plan Overlay (clause 43.04).

Land Subject to Inundation Overlay (clause 44.04).

Decision guidelines (clause 65).

Referral and notice provisions (clause 66).

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Consultation/Communication Referrals The following authorities 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

CFA

No objection subject to conditions

North Central CMA

No objection subject to conditions

G-M Water

No objection subject to conditions

DSE

No objection subject to conditions

EPA (for information)

Objection due to proximity of the subdivision to the Coliban Water wastewater treatment plant.

Public Notification The application was informally advertised to the public by mail and an on-site notice.

Four resident parties have objected to a permit being granted principally because of concerns about drainage and traffic. The grounds of objection are discussed later in this report.

Planning Assessment The subdivision density The density of the subdivision is controlled by the low density zoning of the site and by the provisions of the Development Plan Overlay (DPO) that covers the site. The DPO sets a minimum lot size requirement of 8,000m2 "unless it can be demonstrated that the lots can be appropriately serviced, remnant vegetation can be retained and the proposed lot size is compatible with the general character of the area". The Low Density Residential Zone requires lots to be at least 4,000m2.

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The proposed subdivision envisages lots ranging from 4,000m2 to 4,450m2. These proposed lot sizes are smaller than the 8,000m2 default setting under the DPO. However there are adequate reasons to justify smaller lot sizes in this case, namely: (1) all the lots will be serviced by reticulated sewerage and all other services and thus there will be no requirement to treat wastewater on the site; (2) the site is largely cleared of native vegetation and the few remaining scattered trees on the site will be capable of being retained; (3) the proposed lots will be comparable in size to many existing properties in nearby McPherson Street which are also covered by the DPO and; (4) the lots are large enough to maintain a semi-rural character in the area.

Overall it is considered that the subdivision layout shown on the proposed development plan submitted with the application satisfies the requirements of the DPO. The Epsom Wastewater Treatment Plant The site is adjacent to the Epsom Wastewater Treatment Plant which is controlled by Coliban Water. The plant comprises six treatment lagoons. The site is closest to Lagoon No.6 which is a maturation pond at the end of the lagoon treatment chain.

The EPA opposes the subdivision. It is concerned that future lot owners will complain about odours from the plant and this in turn will prejudice the operation of the plant.

Coliban Water has a contrasting view. It consents to the subdivision provided that lot owners are made aware of the plant and its operation by way of an agreement registered on the title.

According to technical advice supplied by the applicant, maturation ponds like Lagoon No.6 typically have a relatively light surface loading of "biological oxygen demand" (BOD). This means that even in the event of a process upset the pond will not turn anaerobic and become "smelly" (as a result of sulphide gases). That's not to say that an anaerobic event is impossible but it is a remote probability.

Lagoons with a BOD surface loading below 3g BOD m2/d don't attract the need for a land use buffer under the relevant codes/guidelines. Lagoon No.6 has been calculated to have a BOD loading of ~ 1g BOD m2/d which is well below the BOD loading used to design maturation ponds (namely 3g BOD m2/d). Such a light loading does not warrant a buffer under the codes/guidelines.

EPA advocates a precautionary approach which is understandable in the circumstances - the plant is a major regional asset and it is critical that land use planning doesn't fetter the operation of the plant. However the evidence suggests that neither Lagoon No.6 nor the plant overall triggers buffer constraints on the proposed subdivision. While it is expected that residents on the site will not experience detrimental odours from the plant, residents will nonetheless be made aware that biological processes occur at the plant in close proximity to them. Potential lot purchasers may therefore take account of the site context before deciding whether living in the subdivision will meet their amenity needs.

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Stormwater The issue of stormwater flooding is a feature of all four resident objections. The residents experience existing stormwater problems which they argue will be exacerbated by the proposed subdivision. Having regard to the stormwater catchments in the area there are two main aspects to the problem.

First, works to the north of the site at the Epsom Recreation Reserve have caused stormwater flows to become impeded at Carsons Road thus causing downstream flooding in the vicinity of Highett Street. It is expected that this problem has now been addressed by recent drainage works undertaken by the City in Highett Street / Carsons Road. The existing 300mm pipe, which was inadequate to receive the stormwater volumes, has been upgraded to a 525mm box culvert design. The upgraded pipe discharges to an existing table drain in Carsons Road that flows through to Midland Highway.

Second, there are broadsheet stormwater flows that come from the south (Ironstone Road) which broadly affect properties in Highett Street. This problem has been identified

by City engineers and a program of capital works are planned that will control these stormwater flows. The program relies on resolving various land acquisitions and thus the stormwater problems will persist in the short term. However, the proposed subdivision will have no impact on these existing flows because the subdivision's site does not form part of the same catchment. In this respect the objector's stormwater concerns can't reasonably be said to be directly linked to the proposed subdivision.

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Traffic The resident objectors also oppose the subdivision on traffic grounds. They argue that the existing road infrastructure is inadequate to cope with the traffic generated by the subdivision, particularly vehicle movements along McPherson Street to and from Midland Highway.

McPherson Street has a relatively narrow seal while Highett Street is an unsealed, rural type road. The developer will be required to seal Highett Street along the frontage of the site and this will create a completely sealed access route to the subdivision. While McPherson Street is indeed relatively narrow it is nonetheless wide enough to accommodate the additional traffic volumes likely to be generated by the subdivision.

In regards to the new intersection to the subdivision, it is considered that its placement opposite an existing dwelling will not cause significance amenity problems for the existing residence. Moving the intersection further south away from the existing residence will interfere with the retention of the existing dwelling on the subdivision site and may possibly bring the intersection in conflict with McPherson Street.

Salinity According to broad salinity mapping from 2006 the depth to the watertable varies over the site. On parts of the site the depth to the watertable is mapped as being 2m-5m.

There also appears to be some areas where the watertable may be less than 2m from the surface. While the watertable data is an indicator that the site may have salinity problems the extent of salinity is unlikely to be a barrier to residential development.

Council's guidelines suggest that development is appropriate where the depth to the watertable is 1.6m-2.5m provided geo-technical building standards are applied. In the case of the proposed subdivision it is proposed to implement these guidelines via a condition on the permit. Amongst other things the permit condition will prohibit dwellings on lots where the watertable is 1.5m or less.

Conclusion For the reasons discussed above it is concluded that the proposed development plan and permit application meet the requirements of the Planning Scheme. On this basis the development plan should be approved and a permit should be granted.

Options Council, acting as the responsible authority for administering the Planning Scheme may resolve to: (1) approve or refuse to approve the development plan, and (2) grant a permit or refuse to grant a permit.

A permit must not be granted until a development plan is approved.

Attachments •

Objections PAGE 34

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RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to approve a development plan and issue a permit for the staged subdivision of land at 21 Highett Street, Epsom 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.

TRANSFER OF BALANCE LOTS Before a statement of compliance is issued for Stage 2 of the subdivision agreement must be reached with the City of Greater Bendigo or the Crown to transfer to the City of Greater Bendigo or to the Crown the three balance lots created on the west side of Lot 5, Lots 6 and 7 and Lot 9 respectively (shown in yellow on the endorsed plan).

4.

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

5.

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

6.

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.

7.

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

8.

SALINITY Testing: Before a statement of compliance is issued for each stage of the subdivision, the area must be tested for salinity to the satisfaction of the responsible authority. The testing must consider the matters described in Planning Guidelines for Urban Salinity in the City of Greater Bendigo and the views of the North Central Catchment Management Authority.

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Guidelines: Before a statement of compliance is issued for each stage of the subdivision, and where testing shows that saline groundwater is present at a depth of 1.6m-2.5m, guidelines must be prepared to the satisfaction of the responsible authority. The guidelines must include: (a) Geo-technical standards for the construction of dwellings on the lots. (b) Methods that lot owners could use to conserve water, improve the soil and undertake plantings in response to the shallow saline groundwater.

Section 173 Agreement: (a) Before a statement of compliance is issued for each stage of the subdivision, the owner must enter into an agreement with the responsible authority and register the agreement on the titles to the relevant lots which provides that: (b) Dwellings on lots affected by saline groundwater, where the depth to the water table is 1.6m-2.5m, will be constructed in accordance with the guidelines approved under this permit. (c) No dwellings will be constructed on lots where the depth to the water table is 0m-1.5m.

9.

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. (d) Approval from the relevant authority for the point of discharge.

10.

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.

11.

STORMWATER DETENTION Prior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority.

Allowable discharge: Q100 = 15 l/s per hectare.

12.

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.

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13.

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.

14.

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: Internal street: (a) Fully sealed pavement. (b) Underground drainage. (c) Underground conduits for water, gas, electricity and telephone. (d) Appropriate intersection and traffication measures. (e) Appropriate street lighting and signage.

Highett Street (a) Sealed pavement for the frontage of the development and connecting to the existing seal in McPherson Street.

15.

DECORATIVE LIGHTING Standard Powercor power poles are to be used in the development in accordance with the City of Greater Bendigo Decorative Lighting Policy.

16.

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.

17.

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: (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.

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18.

COLIBAN WATER (a) The applicant 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. (b) The applicant is to provide evidence that existing private water pipes and sanitary drains do not cross new property boundaries. 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) The owner is required to enter into an agreement with the Responsible Authority and Coliban Water under Section 173 of the Planning and Environment Act requiring that: • The owner of the allotment/s is aware of and acknowledges the close proximity of the Bendigo Waste Water Reclamation Plant and potential odour nuisance from the waste water treatment facilities as they rely on biological processes.

• The provisions of this Agreement will be brought to the attention of any subsequent owner.

• The agreement is to denote the area of each title that is serviceable by gravity sewer.

• The agreement is to be prepared by Coliban Water and the owner shall be responsible for all costs and fees applicable for the preparation and the registration of the agreement on the title of the land.

19.

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

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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 (a) Easements in favour of SPI Networks (Gas) Pty Ltd must be created on the plan to the satisfaction of SP AusNet (Gas). (b) 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.

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).

Roads: (a) Roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width. (b) The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50m.

Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit angle. (c) Constructed roads more than 60m in length from the nearest intersection must have a turning circle with a minimum radius of 8m (including roll-over kerbs if they are provided). T or Y heads of dimensions specified by the CFA may be used as alternatives.

23.

NORTH CENTRAL CMA (a) All new buildings must be setback a minimum of 20 metres from the eastern toe of the existing Bendigo Creek levee by creating a waterway reserve and levee easement on the plan of subdivision as follows: • Prior to certification, a waterway reserve must be created in favour of the City of Greater Bendigo and registered on the title. The waterway reserve must extend a minimum of 5 metres from the eastern toe of the existing Bendigo Creek levee bank.

• Prior to certification, a levee easement must be created in favour of North Central Catchment Management Authority and registered on the title. The easement must extend a minimum of 15 metres from the eastern boundary of the newly created waterway reserve required by the condition above. (b) Prior to certification, a restriction is to be placed on the title which specifies that the floor level of any new dwelling(s) on each new allotment must be a minimum of 450mm above the centreline of the proposed internal road of the subdivision. (c) Prior to certification, detailed design plans of any proposed construction works PAGE 39

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must be submitted to and approved by North Central CMA. (d) Prior to the issue of a Statement of Compliance, a certified survey plan of the finished surface levels taken by a licensed surveyor must be submitted to North Central CMA. 24.

GOULBURN-MURRAY WATER (a) Each lot must be provided with connection to the reticulated sewerage system in accordance with the requirements of Coliban Water. (b) Prior to the Statement of Compliance being issued, the existing dwelling must be connected to the reticulated sewerage system if it is not already. Any on-site wastewater system must be decommissioned to the satisfaction of council’s Environmental Health Department. Evidence of the dwelling’s connection to sewer must be provided to Goulburn-Murray Water in order for consent to the Statement of Compliance to be granted. (c) All works within the subdivision must be done in accordance with EPA Publication 960 “Doing It Right on Subdivisions, Temporary Environmental Protection Measures for Subdivision Construction Sites”, September 2004. (d) All stormwater discharged from the site must meet best management practice water quality objectives. All infrastructure and works to manage stormwater must be in accordance with the requirements of the Responsible Authority.

25.

DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Except with the further written consent of the responsible authority upon the advice of the Department of Sustainability and Environment, no native vegetation removal may be undertaken.

26.

EXPIRY OF THE PERMIT This permit will expire 7 years from the date it is issued. All development described in this permit must be completed before the expiry date. The responsible authority may extend this time limit if a request is made in writing before the permit expires or within three months afterwards.

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RESOLUTION Moved Cr Williams, Seconded Cr Campbell.

That pursuant to section 61 of the Planning and Environment Act 1987, Greater Bendigo City Council resolve to refuse to approve a development plan and refuse to issue a permit for the staged subdivision of land at 21 Highett Street Epsom on the following grounds: 1. The proposed subdivision will prejudice the operation of the adjacent Epsom Wastewater Treatment Plan which is an infrastructure asset of regional importance.

2. The proposed subdivision will expose future residents to odours from the Epsom Wastewater Treatment Plan.

3. The salinity conditions of the site make it unsuitable for the proposed subdivision.

4. The density of the proposed subdivision does not respect the semi-rural character of the locality and is inconsistent with the Development Plan Overlay that covers the site.

5.

The proposed subdivision does conditions relevant to the site.

not

adequately

manage

the

stormwater

CARRIED

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2.3 2 LOT SUBDIVISION OF LAND, CONSTRUCTION OF 2 DWELLINGS AND DEMOLITION OF EXISTING DWELLING - 49 LITTLE BREEN STREET, QUARRY HILL Document Information Author

Peter O'Brien, Senior Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Planning permission is sought for the abovementioned proposal at the noted address.

The application is before Council as the application is recommended for refusal and an objection to the application was also received. Issues raised by the application include: • Whether the proposal accords with Planning Scheme policy relating to medium density housing; • Whether the proposal represent an appropriate outcome with reference to Residential Character Policy and ResCode.

A fundamental issue with this application is: • Whether the proposal, in particular the dwelling demolition aspect, accords with the objectives of State and Local policies relating to heritage and the provisions of the Heritage Overlay.

In the Planning Scheme Policy, setting medium density housing in locations such as this is supportable. The fringe CBD nature of the site means it is highly accessible to employment opportunities, leisure, shopping, community facilities and public transport.

Despite the relative policy merits of an infill development on this site the proposed demolition has been assessed as having an adverse impact on the heritage precinct. As a result of the assessed impacts on the heritage precinct, this report recommends the Greater Bendigo City Council refuse to grant a permit.

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/579/2012 3 August 2012 M A Ruffell and L J Ruffell 49 Little Breen Street, QUARRY HILL Residential 1 Zone Heritage Overlay 30

Subject Site and Surrounds

Figure 1: Location map showing subject site. The objector property is marked with a star.

The subject site is an irregular shaped lot running on a North, South axis that is 358.1 square metres. The site has frontage of 13.41 metres to Little Breen Street and a depth of 36.45 metres at its deepest point and falls from the South West to the North East corner of the site in the order of 1 metre.

The site contains an existing dwelling that was constructed circa 1900-1910 in a Federation Style with Queen Ann style roof. This dwelling received a ‘D’ grading in the Butler and Associates Eaglehawk and Bendigo Heritage Study which means that the dwelling is representative of its era and contributory within a precinct.

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Little Breen Street is a local, City of Greater Bendigo managed road and footpaths are absent along the street owing to the narrowness of the street. Adjoining the site is the Russell Street road reserve; however the road formation is separated from the subject site by a triangular parcel of land. Bollards and landscaping further serve to separate this parcel of land from the road formation and a number of vehicles use this parcel to park. Two gates in the fence adjoining this parcel also provide rear access to the site.

Vehicular access to the application site is also available from a crossover on Little Breen Street.

Land uses in the immediate surrounds of the subject site are mixed. Immediately adjoining the site are dwellings, including a pair of recently constructed dwellings to the east. Further south of the site are buildings associated with St Josephs Primary School including classrooms and a multipurpose hall. Opposite the site in Little Breen Street are V/Line storage yards, the railway lines and the former Gillies Pie Factory and Crystal Ice sites.

Proposal Demolition of dwelling: • Both the dwelling and associated outbuildings are proposed to be demolished. Fences are also proposed to be removed.

Subdivide land into two lots: • Lot 1 is proposed to face Russell Street with a frontage of 11.53 metres and an area of 173.1 square metres.

• Lot 2 is proposed to face Little Breen Street with a frontage of 13.41 metres and an area of 194.2 square metres.

Construction of two dwellings: • Both dwellings proposed are double storey; contain 2 bedrooms and single attached garages. The only complying areas of secluded private open space are unscreened balconies to the front of each dwelling. The dwellings are to be joined by a common wall. Each dwelling proposes to be contemporary in style with skillion roofs incorporating clerestory windows. Cladding for each dwelling is varied including corrugated iron, face brick works, render and stacked stone veneer cladding.

Planning Controls - Greater Bendigo Planning Scheme The site is within Heritage Overlay which triggers the need for a permit to demolish the dwelling, to subdivide and construct the new dwellings and fences. Under the Residential 1 Zone, a permit is required to subdivide and construct more than one dwelling on the lot.

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

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State Planning Policy Framework: • • • • • • • •

Open space (clause 11.03).

Regional development (clause 11.05).

Sustainable development (clause 15.02).

Heritage (clause 15.03).

Residential development (clause 16.01).

Housing form (clause 16.02).

Integrated transport (clause 18.01).

Movement networks (clause 18.02).

Municipal Strategic Statement: • • • • • • • • •

Municipal profile (clause 21.01).

Key issues and influences (clause 21.02).

Vision - strategic framework (clause 21.03).

Strategic directions (clause 21.04).

Settlement (clause 21.05).

Housing (clause 21.06).

Infrastructure (clause 21.09).

Reference documents (clause 21.10).

Monitoring and review (clause 21.11).

Local Planning Policies: • •

Heritage Policy (clause 22.06).

Quarry Hill Character Policy (clause 22.21).

Zone: •

Residential 1 Zone (clause 32.01).

Overlay: •

Heritage Overlay (clause 43.03).

Other relevant provisions: • • • •

Land adjacent to a Road Zone, Category 1 (clause 52.29).

ResCode (clauses 55 & 56).

Decision guidelines (clause 65).

Referral and notice provisions (clause 66).

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

Comment

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Heritage Advisor

Objection. The views of both the Heritage Advisors that have provided comment on the application are expanded upon in the Planning Assessment section of this report.

Note: The application did not require referral to the normal servicing authorities (Powercor, Coliban Water, Telstra and Tenix) by virtue of clause 66.01. This clause states that referral is not required for two lot subdivisions, subject to the imposition of mandatory conditions onto any permit is issued.

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

Following advertising 1 objection was received, with the grounds of objection summarised as being: •

Large number of units constructed in recent times in the area.

•

Majority of units are ‘share’ houses creating pedestrian and vehicular issues, which are compounded by the narrowness of the street and need for V/Line to have 24 hour access to its yards.

•

The use of Little Breen Street as a short-cut owing to Breen Street proper being oneway off Russell Street.

•

Narrowness of the street forces pedestrians to walk on the road.

•

Concern that heritage values of Quarry Hill are being eroded by incremental planning decisions.

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.

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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.

With respect to local provisions of the Planning Scheme, Clause 21.06 (Housing) and the referenced Bendigo Residential Development Strategy 2004 identifies the land the application has been made on as being within the Core Community Focused Development Zone being on the fringe of the CBD. 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 and ResCode?

The site is subject to a specific overlay that relates to controlling built form (Heritage Overlay) and character is an important consideration compelled by ResCode and the City’s own Residential Character Policy in this case as more than 1 dwelling is proposed on the site. The site is within the Quarry Hill 1 character precinct which the policy describes as: ‘Although the area has a mix of building styles, materials and setbacks, there is usually some consistency in the way buildings are sited within a particular streetscape. Front gardens are low in scale and mostly exotic and front fences are mainly low in height, creating an open feel to the streetscape. In some locations, mature trees in reserves or private gardens dominate the skyline’.

The statement of desired future character is that the ‘spacious, garden suburb qualities of the streetscapes will be maintained’. The desired future character is to be achieved by the following objectives and design responses: Objective

Design Responses

To retain buildings which contribute to Retain and restore wherever possible, intact the valued character of the area.

Victorian, Edwardian, Federation and Interwar era dwellings.

Alterations and extensions should appropriate to the dwelling era.

be

Comment: The application proposes demolition of the Federation style dwelling which PAGE 50

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Design Responses

is contrary to the objective and preferred design response of the policy.

To maintain and strengthen the garden Prepare a landscape plan to accompany all settings of the dwellings. 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. A large established tree to the north western corner of the property is proposed to be removed.

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 Little Breen Street is set at 3.5 metres at its closest point, with that dwellings ‘stepping back’ so at the point where it adjoins the dwelling at 47B Little Breen Street it is marginally behind the line of that dwelling's front wall at 5.6 metres. At its closest point the dwelling fails to achieve the ResCode minimum street setback of 4 metres, nor match the adjoining dwelling, however in this case the articulation of the dwelling would mean that the setback is acceptable.

The dwelling to front Russell Street will also be less than a ResCode complying front setback of 4 metres, however will be greater than the adjoining ‘zero’ setback carport associated with the dwelling at 32 Breen Street at 1.9 metres from the street at its closest point. This dwelling also ‘steps’ back with the garage achieving a 5.6 metre setback where it adjoins the carport next door. The proposed setbacks are acceptable.

To reflect spacing.

the

rhythm

of

dwelling Buildings should be setback from at least one side boundary.

Comment: In the case of the dwelling to front little Breen Street, this is achieved via a 1.8 metre setback from the western boundary. In the case of the dwelling to front Russell Street, no side setback is achieved at all.

To minimise the dominance of car Locate garages and carports behind the line storage facilities. of the dwelling. Use rear access where possible.

Comment: Both dwellings proposed single width recessively located garages.

To respect the identified heritage Where the streetscape contains identified qualities of the streetscape or adjoining heritage buildings, reflect the dominant buildings. building forms in the street, including roof forms, in the new building design.

Comment: The dominant roof shapes in the locality are hipped and gable styles. The applicant has elected to propose an alternate ‘skillion’ style roof which serves to minimise the overall building heights.

To ensure that buildings and extensions Respect the predominant building height in

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Objective

Design Responses

do not dominate the streetscape.

the street and nearby properties. 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, however there are 2 storey examples (including the adjoining pair of dwellings) and one other nearby dwelling at 10 Breen Street. As mentioned previously, the low pitched skillion roofs help assist in reducing the overall height. In addition to this the articulation of both dwellings help assist in reducing the overall massing of the dwellings over the site.

To use building materials and finishes In streetscapes where weatherboard that complements the dominant pattern predominates, use timber or other non within the streetscape. masonry cladding materials where possible, and render, bag or paint brick surfaces.

Use low, pitched roof forms.

Comment: Dwellings are predominantly weatherboard, however brick examples (from historic through to contemporary) use red brick and it is this material that the design takes a cue from with the use a variety of other colours and cladding materials.

To ensure front fences are appropriate Provide low front fencing. Front fences to the era of the dwellings and maintain should not exceed 1.2 metres other than in an openness to the streetscape. exceptional cases.

Comment: No front fencing is proposed. An area of secluded private open space to the side of the Little Breen Street facing dwelling proposes a high side fence.

In addition to character, the proposal has also been assessed as being in general accordance with the majority of ResCode standards and objectives in terms of providing internal and external amenity consideration and complying siting. The proposed dwellings are considered appropriate in a character sense.

Does the proposal, in particular the dwelling demolition, accord with the objectives of State and Local policies relating to heritage and the provisions of the Heritage Overlay?

Clause 15.02 of the Planning Scheme is the State heritage conservation policy. The Eaglehawk and Bendigo Heritage Study identified the application site as contributing to a broader heritage precinct, hence the presence of the Heritage Overlay which is the reason why a permit is required for demolition.

The policy, amongst other objectives, includes a challenge to ‘encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations’. A fundamental issue in the assessment of an application of this type is that when a Heritage Overlay is present, the merits of both a demolition and development are required to be assessed and a positive view formed on both separately for a permit to be granted. A suitable replacement design response does not justify the demolition of a heritage dwelling.

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The majority of the objectives of the City’s Local adopted Heritage Policy at clause 22.06 are relevant to this proposal including: •

To ensure that Greater Bendigo’s heritage assets are maintained and protected.

•

To ensure that new land uses and developments are sympathetic with the appearance and character of heritage places.

•

To retain heritage assets for the enjoyment and experience of residents, visitors and future generations of the municipality.

•

To encourage sympathetic reuse of heritage places so that such places are maintained and enhanced.

The proposal to demolish the existing dwelling has been subject to review by two heritage advisors. The City’s former heritage advisor provided written advice at the preapplication stage in February 2011 and attended a further pre-application meeting in May 2012. The City's current heritage advisor provided written advice once the application was lodged in August 2012. Both advisors are in agreement that the proposed demolition will have an adverse impact on the heritage precinct.

A summary of the initial pre-application assessment is: ‘In my opinion the subject house is an important contributory element to the heritage precinct, despite recent development in the adjoining land. It is highly visible and consolidates the heritage vistas of Little Breen Street. Its importance relates to its position at the entrance to the heritage precinct, its architectural form and style, history and its relatively good structural condition, despite the obvious need for on going maintenance and refurbishment of facilities and services. In my opinion, I would not support demolition of the entire structure. There are always opportunities for partial demolition of the rear, additions and extensions, should the proposal meet the heritage requirements of the Bendigo Planning Scheme. Opportunities for restoration, innovation and development remain’.

The assessment concluded that: ‘The subject house may appear at first isolated by recent modern development and physically removed from a cohesive historic streetscape. But it is included within the heritage precinct as part of a large group of houses, where there are examples of recent infill development. It is listed within the heritage overlay of the Greater Bendigo Planning Scheme at Clause 43.01 at HO 30, the Quarry Hill heritage precinct. Its heritage importance relates to its contribution to the particular character, appearance and significance of the Quarry Hill heritage precinct, which among other things include the following: •the contribution it provides to the total collection of largely typical weatherboard Victorian and Edwardian homes; •the positive impact gained by the sheer numbers of 1900-1915 homes to the contextual setting for the occasional excellent architectural residential example; The subject house is also located at the entrance to the heritage precinct. It is part of the historic viewscape of Myrtle and Russell Streets. It contributes to the general cohesive historic views within the heritage precincts and reinforces the following: •the importance of integrity to the historic landscape views; PAGE 53

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•the importance of depth and distance of views created by the hilly terrain and undulating landscaped hill; •the visual homogenous nature of the heritage precinct area, which highlights the continuity and diversity of styles within the collection of Victorian and Edwardian residences’.

The assessing officer is in agreement with the expert opinion provided by both heritage advisors with respect to the merits of the demolition. As the merit of the demolition and replacement development need to be determined independently of each other (i.e. an acceptable replacement design does not justify the demolition of the heritage building) it follows that the application as a whole should be refused on the basis that demolition of the dwelling is not supported.

Resident's Objection The Planning Scheme does not identify a saturation point for unit development and the net increase of 1 dwelling is a modest one. The grounds of objection largely relate to concerns from the impacts of recent developments. The objection also states that the current context of Little Breen Street makes additional development undesirable as new development may compound the current perceived issues. These issues are generally not issues that a new planning application can address; the relevant consideration is the impact of the new development. The scale of the development and the access arrangements lead the assessing officer to a conclusion that the impact would not be significant and as the recommendation is to refuse the application the status quo of development in Little Breen Street would be maintained.

An issue worth elaborating on is the objection relating to heritage values being eroded by incremental planning decisions. The objector makes specific reference to recent development of additional school buildings associated with St Josephs Primary School that occurred without consultation according to the objector.

The recent building program was part of the ‘Building the Education Revolution’ program funded by the Commonwealth Government. School buildings under this funding source did not require planning approval; however the school was required to consult with the City on the plans owing to the presence of the Heritage Overlay.

The recent buildings, rather than eroding values actually represent good heritage design outcomes. At the urging of the City, an historic dwelling fronting Breen Street was retained and new buildings were constructed to the rear on vacant parts of the site. The recent buildings provide visual interest in Little Breen Street whilst not adversely impacting the heritage dwellings on Breen Street. The approach the school took in retaining the historic dwelling while developing vacant parts of the site would in theory be an appropriate approach on this application site also.

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Conclusion There are broad housing policy directions in the State Policy (Clauses 11.02 and 16.01) and the Municipal Strategic Statement of the Planning Scheme that do generally support medium density housing in appropriate locations. Broad policy support for housing must be balanced with consideration of the competing heritage policy directions (clauses 15.03, 22.06 and 22.11). In conclusion, the application is recommended for refusal on the basis that the demolition of the dwelling is an unacceptable planning outcome irrespective of potential design and policy merits of the replacement dwellings.

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

Attachments • • •

Applicant submission in support of demolition.

Objection.

Heritage Advisor advice (both pre and post application)

RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to refuse to grant a permit for a 2 lot subdivision of land, construction of 2 dwellings and demolition of existing dwelling at 49 Little Breen Street, Quarry Hill for the following reasons: 1.

The demolition would have an adverse impact on the heritage values of the Quarry Hill Heritage Precinct (HO30).

2.

The demolition is contrary to the Quarry Hill Residential Precinct (QH1) objective relating to retention of buildings that contribute to character.

3.

The demolition is contrary to State and Local policies in regard to heritage and the objectives of the Heritage Overlay.

Cr Ruffell declared a conflict of interest (direct financial interest) in the Built and Natural Environment Report No. 2.3 (2-Lot Subdivision of Land, Construction of 2 Dwellings and Demolition of Existing Dwelling - 49 Little Breen Street, Quarry Hill) as she is the part owner of the property.

Cr Ruffell left the meeting.

In the absence of the Mayor, Cr Fyffe assumed the Chair.

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RESOLUTION Moved Cr Cox, Seconded Cr Weragoda.

That the recommendation be adopted.

LOST

MOTION Moved Cr Chapman, seconded Cr Lyons.

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 Planning Permit for the 2 lot subdivision of land, construction of 2 dwellings and demolition of existing dwelling at 49 Little Breen Street, Quarry Hill subject to the following conditions: 1.

NO ALTERATION TO LAYOUT The demolition, subdivision and 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.

RECORD OF BUILDING Before the demolition starts, an archival quality annotated photographic study of the building prepared to the satisfaction of the responsible authority by a suitably qualified person must be submitted to the responsible authority as a record of the building.

The survey must include: (a) each elevation of the building (b) the interior of the building (c) architectural design detailing of the building (d) a statement prepared by an architectural historian describing and explaining both the design and construction of the building and the photographs.

3.

COMPLETION OF LANDSCAPING Before the occupation of the development starts, and prior to the issue of a Statement of Compliance, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

4.

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.

5.

REFRIGERATION AND 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 visible from any street to the satisfaction of the responsible authority.

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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 Before the demolition, subdivision and development use or development is commenced, 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 = 2.5 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 $1,000.00 or such amount applying at the time of payment.

8.

STORMWATER QUALITY Before the use or development is commenced, the owner or applicant must provide a stormwater treatment system to achieve the “Best Practice Environmental Guidelines” storm water quality (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 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.

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 in condition 6 above.

1

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: (a) The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority. (b) The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times. (c) The owner will pay for all costs associated with the construction and maintenance PAGE 57

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of each on-site detention system and/or treatment system.

Should the applicant opt to not install a stormwater quality system on site the references to treatment system may be omitted from the section 173 agreement.

1

1

VEHICLE ACCESS Road works, drainage and other civil works must be constructed in accordance with plans and specifications approved by the Responsible Authority and must include: (a) Access road over the Little Breen Street Road Reserve from the access point on lot 2 to the maintained section of Little Breen Street, a distance of approximately 20m Sealed Access 4.0m wide, base of a minimum 150mm compacted approved gravel .

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.

1

FENCING OF SITE The fences as shown on the endorsed plans must be erected and maintained to the satisfaction of the responsible authority.

1

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.

1

SERVICE AUTHORITY CONDITIONS (TELSTRA, TENIX, POWERCOR AND COLIBAN WATER) 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 authority’s requirements and relevant legislation at the time.

All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

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.

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City of Greater Bendigo Asset Planning and Design Unit 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.

CARRIED

Cr Ruffell returned to the meeting and resumed the Chair.

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Figure 2: NearMap aerial of site and context (flown April 2012)

Figure 3: Site and context photographs.

Subject site (circa 1900-1910)

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47a 47b Little Breen Street (approved by DSD/347/2007)

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Rear of 28 Breen Street (various extensions to a miner’s cottage from 1986 to 2010 associated with St Joseph’s Primary School).

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39 Little Breen Street – constructed 2011 Figure 4: Proposed Site Plan

Figure 5: Proposed Ground Floor Plans.

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Figure 6: Proposed Upper Floor Plans.

Figure 7: Proposed Elevation Plans.

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Figure 8: Proposed Street Elevations.

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Figure 9: Three Dimensional Renderings.

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2.4 USE

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AND DEVELOPMENT OF A DWELLING AND ASSOCIATED OUTBUILDING AND REMOVAL OF NATIVE VEGETATION - 1541 AXEDALE-GOORNONG ROAD, BARNADOWN

Document Information Author

Muruga Marday, Statutory Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose The applicant seeks the approval for the construction of a dwelling, associated outbuilding and removal of native vegetation at 1541 Axedale-Goornong Road, Axedale.

As a result of advertising one objection was received.

The key issues are as follows: • Whether the proposal will result in the loss of agricultural land; • The compatibility of the proposal with the existing development on the subject site and the adjoining developments.

It is considered the proposal meets the requirements of the Planning Scheme an 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:

DR/225/2012 11 April 2012 W E Eddy-Veitz and B Veitz 1541 Axedale-Goornong Road, BARNADOWN Farming Zone Nil

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Subject Site and Surrounds The subject site is presently occupied by a red-brick church known as the Barnadown Uniting Church. The land was originally given for the building and functioning of a church in 1875 and has continued to function as a church up to its sale in 2011. During the past 70 years regular Sunday services were being held and the last service was held in March 2011.

The property is located approximately 135m south of the junction of Epsom-Barnadown Road and Axedale-Barnadown Road. The site is almost flat and contains some scattered mature native trees at the rear. The property is enclosed by a post and wire fence.

The site is bordered to the north, west and south by the objector’s property. The objector’s property is occupied by a dwelling and a shed and the dwelling is located at more than 30m from the north boundary abutting the subject site and approximately 60m from the existing church.

In terms of the surrounding area there are big allotments presently being farmed as large scale agriculture with mostly wheat crops. The area is zoned Farming.

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

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Proposal The proposal is for the construction of a dwelling, associated outbuilding and removal of native vegetation. The dwelling will be used in conjunction with the existing church in view of providing an outreach ministry from the site to surrounding townships and farms as part of the re-opening function of the church. The church has existing use rights. The building is to be located behind the existing church at approximately 20m from the northern boundary and consists of three bedrooms, open plan kitchen/living and toilet/bath. It is also proposed to remove 5 native trees classified as Low Ecological Vegetation Class for the purpose of the construction. The trees are located at the rear of the church at approximately 8m from the southern boundary.

Planning Controls - Greater Bendigo Planning Scheme The subject site is within the Farming Zone. A planning permit is required to use and develop the land for a dwelling pursuant to Clause 35.07 (Farming Zone) Section 2 Use. A permit is also required to remove native vegetation as the site area is more than 0.4 hectare pursuant to Clause 52.17 (Native Vegetation).

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

Clause 14.01: Agriculture Clause 16.02: Housing Form – Rural residential development

Local Planning Policies •

Clause 21.05: Settlement

Zones •

Clause 35.07: Farming Zone

Particular Provisions •

Clause 52.17: Native Vegetation

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

Comment

Environmental Health

No objection subject to note.

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

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

Decrease in property value; Lack of privacy; Overdevelopment of the subject site; Removal of native vegetation.

The objections are discussed below.

A consultation meeting was held with the objector, applicant and Ward Councillor present. The objector put forward the argument of lack of privacy implying that there should be more screening of the proposal from his existing dwelling and he also advised that the proposal will prevent him from having a view on his property and not being able to supervise his cattle herd. The applicant reiterated his wish to provide screening trees along the property boundary to which the objector was not agreeable. As a result of that, the matter could not be resolved.

However two days after the consultation meeting, the objector came up with a proposal requesting the applicant to have colourbond fencing as a screening device. The applicant rejected this solution imparting that this is contradictory to the issues raised by the applicant during the consultation meeting and that a modern colourbond fence would take away the historic ambience of the property which is occupied by a 150 year old church.

It has to be noted that several letters have been received from local farmers and property owners in the region supporting for the re-opening of the Church.

Planning Assessment Whether the proposal will result in the loss of agricultural land?

The Rural Areas Strategy identifies the Goornong area as suitable for farming land and recommends that the minimum lot size be 40 hectares. The subject site is approximately 0.4 hectares and is considered as relatively small to be developed for agricultural pursuits.

Clause 14.01 (Agriculture) ensures that the State’s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use and to enable protection of productive farmland which is of strategic significance in the local or regional context.

The primary purpose of the Farming Zone is to provide for the use of land for agriculture.

It is apparent that the subject site has never been farmed due to its past history and context and as a matter of fact it would be difficult to envisage any future agricultural or farming activity because of the size of the block. In this context, it is considered that the construction of a dwelling will not result in loss of agricultural land.

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Decrease in property value The objector raised the issue that the proposal will significantly decrease his rural property value.

From past precedents, VCAT determinations have stated that without valid evidence the devaluation of a property due to a new development does not have any planning related merit. No evidence has been provided by the applicant that the proposal will cause property devaluation.

Lack of privacy The proposed dwelling will be located at approximately 20m from the boundary abutting the objector’s property and approximately 60m from the objector’s dwelling. The objector has a shed located along the same boundary and this structure significantly impedes the line of vision from one property to the other. The applicant has also proposed to provide screening trees to mitigate this issue. Taking that into consideration, it can be argued that the proposed dwelling would barely be visible from the objector’s property.

Overdevelopment of the subject site Clause 35.07-5 (Decision Guidelines: Dwelling Issues) discourages the concentration or proliferation of dwellings in Farming Zone. The land has never been used for any agricultural or farming activity and there is no potential of the land for agricultural activities. In order to provide a good service to the community and for the effective management of the church, accommodating a dwelling on the subject site is important and is not considered as overdevelopment.

Vegetation removal The construction of the dwelling will necessitate the removal of five mature trees located at the rear of the church. The Ecological Vegetation Class of the vegetation is Box Ironbark Forest and the conservation significance is low. It is appropriate to allow the proposed vegetation losses subject to a suitable offset.

Conclusion In light of the above, it is considered that the proposal is compatible with the existing development on the subject property as well as the adjoining developments. This land has limited ability to be farmed and is not considered to be a threat to the ongoing use of land for agriculture and as such a permit should be granted.

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

Attachments •

Objection PAGE 71

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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 use and development of a dwelling and associated outbuilding and removal of native vegetation at 1541 Axedale-Goornong Road, Barnadown subject to the following conditions: 1. MODIFIED PLAN REQUIRED Before the use and/or development start(s), 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 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) Floor and elevation plans of the proposed dwelling and outbuilding.

2. OFFSET PLAN Before the vegetation removal starts, an Offset Plan must be submitted to and approved by the responsible authority. When approved the plan will be endorsed and form part of this permit. The plan must be drawn to scale with dimensions and three copies must be provided. The proposed Offset Plan (calculated to be 150 plants to be re-planted) to compensate for the removal of five trees of low conservation significance as shown on the endorsed plans must be provided to the satisfaction of the responsible authority. The Offset Plan must include but not limited to the following: (a) Locations where offsets will be provided. (a) Types of offsets to be provided for each location. (b) Time frame for implementing the offset plan Vegetation removal and the provision of offsets must accord with the endorsed plan.

Environmental Note: Before a building permit is issued for any works at the property, a septic tank permit to install must be issued by the responsible authority.

DSE Note – Third Party Offsets Third party offsets may be available from the Department of Sustainability and Environment Bush Broker's Over the Counter Program. Please contact Greg Waddell on (03) 5430 4353 or visit www.dse.vic.gov.au/nativevegetation for further information.

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RESOLUTION Moved Cr Campbell, Seconded Cr Cox. That the recommendation be adopted.

CARRIED

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2.5 2 LOT SUBDIVISION - 9 DEVON CLOSE, STRATHDALE 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 Devon Close, Strathdale. Four neighbours have objected to the subdivision principally because of concerns about neighbourhood character, traffic safety, parking 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/178/2012 26 March 2012 G E Thomas 9 Devon Close, STRATHDALE Residential 1 Zone No overlays

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Subject Site and Surrounds The subject site is located in an established part of Strathdale. The vacant site is generally rectangular in shape with an area of 1,086 square metres. A few scattered, native trees are located to the rear of the site. The site slopes to the northern part of the site. The site is located on a corner in Devon Close, which is a narrow street with a hammerhead end. The north eastern part of the site has frontage to Devon Close, while the eastern frontage has frontage to the hammerhead section of Devon Close.

There are two narrow developed lots at 10 and 10A Devon Close. The balance of the street has reasonably large dwellings on lots with wide street frontages.

Services, including reticulated water and sewerage, power, gas and telecommunications are able to be connected to the site. Devon Close is a sealed road with kerb and channel. There are no footpaths constructed along the street.

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

Proposal It is proposed to subdivide the site into two lots, which are each capable of containing a dwelling. While Lot 1 has direct access from Devon Close, the access to Lot 2 is via a 4.06 metre wide entry point from the end of the southern point of the hammerhead. The area of Lot 1 will be 526.5 square metres, while lot 2 will be 559.5 square metres. The lots would be fully serviced. There will be some removal of trees on Lot 2, to enable the construction of a dwelling in the future.

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

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) Strathdale/Kennington residential character policy (clause 22.24)

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 department has been consulted on the proposal: Referral

Comment

Engineering and Public Space

No objection subject to conditions

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

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As a result of advertising four objections were received, with the grounds of objection being: •

Neighbourhood character;

•

Traffic and parking issues;

•

Amenity issues;

•

Loss of vegetation;

•

Devaluation of properties;

The objections are discussed below.

Planning Assessment Neighbourhood Character In relation to neighbourhood character, the site is located within Precinct 6 of the Strathdale/Kennington residential character policy. The precinct is described as being: “The areas in this precinct are newly developed with small setbacks and numbers of larger dwellings. In general gardens are establishing with a mix of natives and exotics, however in parts substantial remnant indigenous and native trees (mostly iron bark) provide a backdrop that is distinctive. The streetscapes have an open feel created by a lack of fencing forward of the dwellings”.

The desired future character for the precinct is “to strengthen the garden settings of the dwellings”.

Devon Close is comprised of lots that range in area from 367 square metres to 990 square metres. There is no uniform pattern to the shape of the lots in the court. The types of housing in Devon Close are generally medium to large brick dwellings with reasonable front setbacks and a variety of side setbacks, constructed after 2000. A single storey dwelling abuts the north western corner of the site. A dwelling which abuts the site on the southern boundary has its primary access from Weatherby Drive and a secondary access to the rear yard from Devon Close. Gardens tend to be small to medium in size. Devon Close is a narrow court with a hammerhead end and roll-over kerb and channel. A walkway is located to the east of the site, between Devon Close and Weatherby Drive The proposal is to create two lots on a site which has a number of scattered native trees located at the rear. The land slopes gently from the south to the north of the site. The site has frontage to Devon Close with the proposed lots having a width of 41.2 metres (Lot 1) and 4.06 metres (Lot 2).

One of the objectors believes that the proposed lot sizes are not in keeping with the surrounding streetscapes, which are comprised of “mostly high quality homes on larger allotments”. It is considered that the proposed lot sizes are in accordance with the surrounding streetscapes. As discussed earlier, the area of the lots located in Devon Close and surrounding streets range in size, and all are able to accommodate a medium to large sized dwelling.

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An objector is concerned that the proposed subdivision will result in loss of native trees at the rear of the site. The loss of native trees from the site will undoubtedly alter the streetscape to a certain degree. Currently, the trees can be viewed from the street. The area was once heavily vegetated prior to the creation of the original estate. This has been evidenced by photographs showing the vegetation in the area, prior to the approval of the original subdivision. Consequently the majority of the vegetation has been removed to accommodate dwellings and associated outbuildings. A covenant is registered on the title which in part states that trees may be removed to allow the construction of a dwelling on a lot. There is potential for the owners of the lots to construct a dwelling and establish a garden which will respect the existing streetscape in the future.

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 Devon Close is generous, allowing adequate side setbacks.

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

•

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

•

The proposed lots sizes of 526.5 and 559.5 square metres are generally in accordance with the lots in the area.

Overall, the two lot subdivision proposed will respect the objectives of the Strathdale/Kennington residential character policy and won’t detract from the character of the existing streetscape.

Traffic Safety and Car Parking Issues The objectors are concerned that the proposed subdivision will present significant traffic congestion in Devon Close, due to increased on-street parking and traffic movements.

The objectors’ concerns are heightened due to the narrowness of Devon Close and the amount of vehicles that currently park in the court. The objectors claim that the rental property that is located to the east of the site (which is owned by the applicant) appears to have a number of tenants, who park their cars in the court and on the subject site.

The rental property has four bedrooms and four car spaces on site.

On a practical note, the issue of visitor parking can be problematic in a court setting, particularly because vehicles are unable to park in the hammerhead section. However, there is room to park vehicles nearer the top of the court or indeed, in Chelsea Boulevard and Weatherby Drive.

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.

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 Devon Close will not cause any adverse impact on traffic congestion or safety.

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Amenity Issues One objector is concerned about potential overlooking of abutting properties. If a single storey dwelling was constructed, overlooking issues are unlikely. It is true that if a double storey dwelling was constructed, issues of overlooking could arise. Overlooking towards these properties from Lot 2 would be small to moderate due to the slope of the land but in any event can be managed in accordance with the relevant Rescode standard (at the Building permit stage), such as controlling the design and location of windows, balconies and patios. Future tree screening and use of fence extensions or other techniques could be used if necessary to minimise potential overlooking issues.

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.

Garbage Collection A notation will be placed on the permit requiring the collection of garbage and recycling bins to be done on the nature strip at the northern end of 9 Devon Close.

Devaluation of Properties in the Neighbourhood Devaluation of property is not a town planning consideration as has been repeatedly tested at VCAT. 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 •

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 Devon Close, Strathdale 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 authorities’ requirements and relevant legislation at the time.

4.

EASEMENTS All existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

5.

REFERRAL OF PLAN The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with section 8 of that Act.

6.

DETAILED DRAINAGE PLANS Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater run off. (b) A point of discharge for each lot. (c) Independent drainage for each lot. (d) Drainage easements over any private property for outfall drainage.

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. Allowable discharge: Lot 1: Q10= 3.7 l/s Lot 2: Q10= 3.9 l/s

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8.

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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.

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 $920 or such amount applying at the time of payment.

9.

DRAINAGE WORKS Prior to the issue of the statement of compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority.

10. SECTION 173 AGREEMENT

Prior to the issue of statement of compliance, the applicant/owner must enter into an agreement under section 173 of the Planning and Environment Act 1987.

Such agreement must covenant that: (a) The system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction. (b) Each system must be constructed either prior to, or currently with, the construction of any building on the specified lots. (c) The system must be completed prior to connection to the responsible authority’s drainage system. (d) The owner will maintain each system and not modify without prior written approval from the responsible authority. (e) The owner shall allow duly authorised officers of the responsible authority to inspect the system at mutually agreed times. (f) The owner will pay for all costs associated with the construction and maintenance of the system.

11. PUBLIC ASSETS

Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb and channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development.

Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

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NOTE: CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with: (a) The Road Management Act 2004. (b) Road Management (Works and Infrastructure) Regulations 2005. (c) Road Management (General) Regulations 2005. with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works� (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

GARBAGE BINS The occupiers of Lot 2 must place garbage and recycling bins along the frontage of Lot 1 for collection.

RESOLUTION Moved Cr Campbell, Seconded Cr Weragoda.

That the recommendation be adopted.

CARRIED

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2.6 SUBDIVISION OF LAND INTO STRATHFIELDSAYE

TWO

LOTS

-

57

RYALLS

LANE,

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 57 Ryalls Lane, Strathfieldsaye. Two neighbours have objected to the subdivision principally because of concerns about the interpretation of a covenant, neighbourhood character, traffic safety and parking 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/339/2012 25 May 2012 Hadden Farren Land Surveyors Pty Ltd 57 Ryalls Lane, STRATHFIELDSAYE Residential 1 Zone Land Subject to Inundation Overlay

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Subject Site and Surrounds The site is located within a newly emerging residential area on the east side of Strathfieldsaye Road in Strathfieldsaye. The site was created as part of a nine lot subdivision, which involved common property to allow for access for eight of the lots out to Ryalls Lane. An existing dwelling on a large lot abuts the site to the north. The area of these lots ranges from 835 square metres to 3,845 square metres. Most of the lots, including the subject site are affected by the Land Subject to Inundation Overlay.

Dwellings have been recently constructed on four of the lots.

The site has an area of 874 square metres and it is located approximately 150 metres north of Sheepwash Creek. There are no trees on the site.

The site is located approximately one kilometre from the Strathfieldsaye Shopping Precinct and 9.5 kilometres from the Bendigo CBD. Local facilities include a primary schools and recreation reserves. A bus service to and from the CBD is available on Strathfieldsaye Road.

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

Proposal The applicant seeks approval to subdivide the land into 2 lots, with Lot 1 being 435 square metres and Lot 2 being 439 square metres. The proposed lots are each capable of containing a dwelling. The lots would have direct access via an existing common property driveway from Ryalls Lane. The lots would be fully serviced.

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Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone and is wholly affected by the Land Subject to Inundation Overlay controls. A permit is required to subdivide land pursuant to the Residential 1 Zone and Land Subject to Inundation 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) Floodplains (clause 13.02) Soil degradation (clause 13.03) Urban environment (clause 15.01) Sustainable development (clause 15.02) Integrated transport (clause 18.01) Movement networks (clause 18.02)

Municipal Strategic Statement: • • • • • • • • •

Municipal profile (clause 21.01) Key issues and influences (clause 21.02) Vision - strategic framework (clause 21.03) Strategic directions (clause 21.04) Settlement (clause 21.05) Housing (clause 21.06) Environment (clause 21.08) Infrastructure (clause 21.09) Reference documents (clause 21.10)

Local Planning Policies: •

Salinity and erosion risk policy (clause 22.04)

Other relevant provisions: • •

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

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

Comment

North Central CMA

No objection subject to conditions

Drainage

No objection subject to conditions

Traffic

No objection, with no objections

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: •

Neighbourhood character;

•

Traffic/parking issues along Common Property;

•

Proposed subdivision contravenes a Covenant.

A consultation meeting was conducted; however, the issues were not resolved. The objections are discussed below.

Planning Assessment Existing Neighbourhood Character In relation to neighbourhood character, the site is located in an area which has access to Ryalls Lane via common property.

The common property access is located approximately 50 metres east of the intersection of Ryalls Lane and Strathfieldsaye Road. Ryalls Lane to the north east of Strathfieldsaye Road is comprised of lots that are greater than 4,000 square metres in area. The area to the south east of Ryalls Lane is comprised of lots that range from 800 square metres through to 4,000 square metres close to Strathfieldsaye Road, but tend to increase significantly in size towards the Sullivans Road junction. Most of the lots generally have large dwellings with medium to large landscaped gardens, creating a sense of spaciousness.

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The subject site is located within Precinct 7 of the Strathfieldsaye Township Plan, which has been recently adopted. The vision for this precinct is to have a mixture of densities which range from 500 to 1,500 square metres. This area currently reflects lots that are greater than 800 square metres. In order to assess the proposed subdivision it is important to understand the layout of the lots which form the Plan of Subdivision, of which the site is a part. There are eight lots which have access via Common Property to Ryalls Lane. The area of the lots range from 837 to 3,843 square metres. Four of these lots have been fully developed. Three lots located to the south of the site are narrow and elongated in shape. Four of the smaller lots are located on the western side of the Common Property. The Common Property road is sealed but narrow in width. The Common Property is privately owned and is maintained under the management of an Owners Corporation. There is no vegetation on any of these lots.

Proposed Neighbourhood Character It is proposed to subdivide the subject site into two lots, each being suitable for a dwelling. Both lots will have access to the existing Common Property. Lot 1 will have an area of 435 square metres, while Lot 2 will be 439 square metres.

One objector is concerned the proposed subdivision does not respect the immediate character of the neighbourhood, because the area of the proposed lots are not in keeping with three lots directly opposite the site being greater than 2770 square metres and the area of the remaining four lots fronting the common property ranging from 835 and 837 square metres.

In response to the objectors’ concerns, it is considered that the proposed subdivision will respect the character of the neighbourhood for the following reasons: • •

•

•

The frontages of the proposed lots are generous and comparable to the lots located to the south.

The area of the lots is slightly smaller than the preferred minimum size of 500 square metres. On balance, the Strathfieldsaye Township Plan allows flexibility for a range of proposals which satisfy Rescode requirements. It is considered that the proposed subdivision, while creating lots less than 500 square metres, is consistent with the objectives of the Plan.

The proposed subdivision will not affect the character of the surrounding neighbourhood. The site is not visible from Ryalls Lane. It is located at the end of the Common Property and is well concealed by an existing dwelling, which fronts Ryalls Lane. The subdivision will not impact on the existing character along Strathfieldsaye Road.

The lots will facilitate housing that will be responsive to the desired character. The area of the vacant lots is sufficient for a small garden and space between houses, which will blend with the existing residences.

Parking and Traffic Safety The objectors are concerned that the proposed subdivision will present significant traffic congestion in the Common Property, due to increased parking and traffic movements.

The objectors’ concerns are heightened due to the narrowness of the Common Property and the potential degradation of the surface level of the Common Property.

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Both lots are sufficiently large to accommodate car spaces for any future dwellings that may be constructed on the lots. There is ample space for visitors to park in Ryalls Lane.

The traffic likely to be generated by one additional residential lots amounts to approximately twenty traffic movements per day via the Common Property. It is considered that one additional dwelling within the Common Property will not cause any adverse impact on traffic congestion or safety.

The City is not responsible for the maintenance of the driveway. Under the Owners Corporation Act 2006, common property is collectively owned by the lot owners and is therefore the responsibility of the Owners Corporation to maintain the common property.

Covenant The site is affected by a covenant, which amongst other matters, restricts the number of dwellings allowed on the lot. According to legislation a permit must not be granted for any proposal that may contravene a covenant. One of the objectors raises a concern that Point (a) of Covenant AJ676162A precludes subdivision of land. Point (a) requires that the registered proprietors/s of the land shall not construct a dwelling with the floor area being no less than 150 square metres, or alternatively two residential units having a floor area of less than 120 square metres.

The key issue is, should a permit for the subdivision be granted, does the future construction of a dwelling on each lot contravene the covenant? The subdivision in itself does not contravene the covenant. The issue relates to whether in the future, one dwelling on each of the new lots would contravene the covenant. The applicant provided legal advice which concluded that it would not be a breach of the Covenant to subdivide the land and create two separate dwellings on the newly created lots. The merit of the legal advice has been considered and it is concluded that the Covenant does not preclude the subdivision of land and subsequent future construction of a dwelling on each lot.

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.

Land Subject to Inundation Overlay As stated earlier, the site is affected by the Land Subject to Inundation Overlay. The application was referred to North Central Catchment Management Authority, who had no objection, subject to the inclusion of a condition requiring a minimum floor level of future dwellings on the lots.

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

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

Attachments •

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 two lot subdivision at 57 Ryalls Lane, Strathfieldsaye subject to the following conditions: 1.

PLANS TO BE ENDORSED The plans to be endorsed and which will then form part of the permit are the plans submitted with the application.

2.

LAYOUT PLANS The subdivision, as shown on the endorsed plans, must not be altered without the prior written consent of the responsible authority.

3.

PROVISION OF SERVICES The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authorities’ requirements and relevant legislation at the time.

4.

EASEMENTS All existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

5.

REFERRAL OF PLAN The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with section 8 of that Act.

6.

DETAILED DRAINAGE PLANS Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater run off. (b) A point of discharge for each lot. (c) Independent drainage for each lot.

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STORMWATER DETENTION Prior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority.

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

8.

STORMWATER QUALITY Before the use or development is commenced, the owner or applicant must provide a stormwater treatment system to achieve the Best Practice Environmental Guidelines storm water quality (Victoria Stormwater Committee 1999) in accordance with plans and specifications to the satisfaction of the responsible authority.

The responsible authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $750 or such amount applying at the time of payment.

9.

DRAINAGE WORKS Prior to the issue of the statement of compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority.

10. SECTION 173 AGREEMENT Should the applicant opt to install an on-site stormwater detention system or water quality treatment system then, prior to the issue of statement of compliance, the applicant/owner must enter into an agreement under section 173 of the Planning and Environment Act 1987. Such agreement must covenant that: (a) The system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction. (b) Each system must be constructed either prior to, or currently with, the construction of any building on the specified lots. (c) The system must be completed prior to connection to the responsible authority’s drainage system. (d) The owner will maintain each system and not modify without prior written approval from the responsible authority. (e) The owner shall allow duly authorised officers of the responsible authority to inspect the system at mutually agreed times. (f) The owner will pay for all costs associated with the construction and PAGE 94

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maintenance of the system.

11. PUBLIC ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb and channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development.

Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

NOTE: CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with: (a) The Road Management Act 2004. (b) Road Management (Works and Infrastructure) Regulations 2005. (c) Road Management (General) Regulations 2005. with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works� (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

RESOLUTION Moved Cr Campbell, Seconded Cr Fyffe.

That the recommendation be adopted.

CARRIED

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2.7 NOTICE OF INTENTION TO AMEND LOCAL LAW NO. 11, PROTECTION OF PUBLIC ASSETS AND CONTROL OF BUILDING SITES Document Information Author

Andy Walker, Manager Building & Property Services

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose The purpose of this report is to: •

Recommend to Council that the Protection of Public Assets and Control of Building Sites Local Law No. 11, which is set to expire in December 2012, be amended to: o provide the community with a much fairer process and better support the overall protection of important assets; o remove anomalies that unfairly impact on rural ratepayers, where little or no roadside assets exist.

•

Seek approval to give public notice of Council’s intention to amend the Local Law in accordance with Section 119 of the Local Government Act.

Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2009–2013 (updated 2011) Strategic Objective: 1.7 Undertake activities to protect and enhance amenity assets and urban design.

Background Information Local Government is given the ability to create, administer and enforce Local Laws under the Local Government Act 1989. Typically, Local Laws must be reviewed every ten years, however, if appropriate, laws can be amended earlier if the need is identified.

The purpose of Local Law No. 11 is for the protection of public assets vested in Council and for the safety of persons on, adjacent to, opposite, or passing a building site.

Council requires the owner, builder or appointed agent to obtain an Asset Protection Permit when major building work is to be carried out where the following asset categories exist: • Constructed footpath or walkways; • Kerb and channel; • Stormwater drains and pits; PAGE 98

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Formed and / or constructed vehicle crossings; Formed urban nature strips including street trees and street signage.

Local Law 11 also ensures that during any construction period the site is maintained or managed in a way that ensures items such as builders refuse and stormwater runoff are contained on site, that adequate sanitary facilities are provided and that the works have minimal impact on adjacent properties.

Local Law 11 has been in operation since 2001. Issues have been identified relating to the fairness and relevance of Part 2, Asset Protection, to the vast rural area of the City of Greater Bendigo, which covers close to 3,000 square kilometres. This amendment seeks to remedy this issue by largely removing requirements for Asset Protection permits in areas where little or no roadside assets exist.

Local Laws must be consistent with the Victorian Charter of Human Rights and Responsibilities. In some situations where a Local Law comes into effect, some human rights of an individual may be limited. Such limitations are permitted if; whilst preparing and interpreting the Local Law; it is considered that the limitation is a fair and just balance of the rights of the individual with the overall protection of community interest.

Report The Protection of Public Assets and Control of Building Sites Local Law No. 11 expired on 30 June 2011, before Building and Property Services had completed the review process, including the statutory process required under the Local Government Act to introduce a replacement Local Law. A previous report to Council was submitted in September 2011 recommending reinstating the expired Local Law for a further period of 12 months whilst the review was completed. These recommendations were adopted and Local Law 11 is now set to expire in December 2012.

Council is required to follow the process outlined in Section 119 of the Act, by giving public notice of its intention to reinstate the Local Law and exhibit the Local Law for a period of 28 days. During that exhibition process any person can make a submission on the Local Law in accordance with Section 223 of the Local Government Act. At the end of the exhibition process Council must consider any submissions made before resolving to adopt the Local Law. It is important to ensure that adequate preparation, planning and consultation be undertaken to make sure that the Local Law is effective and that those it affects understand their obligations and Council's intent in regulating worksites, which is to protect and enhance amenity assets and urban design.

The main purpose of amending the existing Local Law is to make it fairer for residents in rural areas who are undertaking construction works that require a building permit. The present Local Law in its current format makes no allowance for whether the proposed works are being undertaken in either a built-up urban area with many assets or in the remote rural areas that have limited or no assets that need protection whilst these works are being undertaken.

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Under the proposed changes to the Local Law, building works being undertaken in remote rural locations will no longer require an asset protection permit. An example of this is a large shed being constructed in a rural area and the site has a cross over only.

In this case no asset protection permit would be required. On the other hand a dwelling being constructed in an area that has kerb and channel will require an asset protection permit.

If Council identifies any infrastructure damage which appears to result from non compliance with this Local Law, City officers may direct the responsible party to reinstate the damage within a specified time. If the works are not completed within the specified time then the City can undertake the works required and invoice the responsible party for the works completed. Council also has powers under the Local Law to issue an infringement notice to any person who contravenes or fails to comply with any provision of this Local Law or contravenes or fails to comply with a Notice to Comply.

The current cost to the public for an asset protection permit is $75 across the municipality. For the financial year 2010-11 there were 1,574 building approvals issued within the municipality. These generated $120,000 in asset protection revenue. Our records show that approximately 95% of these were issued in the urban areas.

The biggest benefit to the community will be the greater focus and concentration on ensuring our critical assets in built-up urban areas are protected in a more proactive and strategic way.

Priority/Importance: High priority Commencement Date: Immediate upon Council approval.

Risk Analysis: To rush the review process of the new Local Law could result in the adoption of a law without careful consideration of the implications. As a result an unworkable Local Law could be introduced that will require further amendment. However, the current Part 2 provisions have been impractical in the rural areas since inception and have resulted in large scale exemptions being granted. The redraft proposes to improve the operational aspects and the risk is therefore diminished.

Consultation/Communication As it is proposed to amend the Protection of Public Assets and Control of Building Sites Local Law No. 11, as a minimum and in accordance with the Local Government Act 1989 the City of Greater Bendigo must: •

Give notice in the Victorian Government Gazette and by public notice, stating the purpose and intent of the existing local law;

•

Make available the proposed local law for viewing; and

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Consider any submissions made under Section 223 of the Act.

Once this process has occurred and submissions duly considered, then the proposed Local Law can be formally adopted by Council and Gazetted, effectively changing the Local Law. External consultation was conducted in July 2011 via a mail out to 100 local and regional building contractors, detailing and requesting comment on the proposed changes to the Local Law. The response received encouraged a narrowing of the focus of the Local Law to exclude works undertaken where Council assets were not at risk.

Internal consultation on the proposed changes to Local Law No. 11 was undertaken with the Engineering & Public Space and the Environmental Health & Local Laws units who supported the changes being proposed. Governance were also consulted and provided clarification where required on the current Local Law No. 11 and reporting requirements.

Resource Implications The cost associated with amending the expired Protection of Public Assets and Control of Building Sites Local Law No. 11 is approximately $1,500 - $2,000, to cover the cost associated with giving public notice in the local paper and Government Gazette.

Based on the 2010-2011 figures it is anticipated that the changes will result in a reduction of fees received of approximately $6,000 per annum. The benefit that is anticipated to be gained will be the ability to provide greater focus and concentration on ensuring our critical assets in built-up urban areas are protected in a more proactive and strategic way due to the time saved by the reduction in inspections carried out in rural areas.

Attachments 1.

Protection of Public Assets and Control of Building Sites Local Law No. 11.

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RECOMMENDATION That Greater Bendigo City Council resolve: 1.

That in accordance with Section 119 of the Local Government Act 1989, Council give notice of its intention to resolve to amend the Protection of Public Assets and Control of Building Sites Local Law No. 11 in the Victorian Government Gazette and local newspapers in a public notice stating that: a) the purpose and general purport of the proposed amended local law; b) it is intended that Local Law No. 11 will expire on 31st October 2021 unless revoked at an earlier date; c) a copy of the proposed amended local law can be obtained from the Council offices; and d) any persons affected by the proposed amendment may make a submission relating to the proposed amended local law under Section 223 of the Local Government Act 1989.

2.

That Council appoint a Committee of the Whole Council, to consider any submissions by persons that request to be heard in accordance with Section 223 of the Local Government Act 1989, and authorise the Chief Executive Officer to set the date, time and location of the meeting to hear submissions.

3.

That Council make the Local Law No. 11 if no submissions are received and that public notice be given.

RESOLUTION Moved Cr Lyons, Seconded Cr Chapman.

That the recommendation be adopted.

CARRIED

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3.

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ECONOMIC DEVELOPMENT

Nil.

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COMMUNITY AND CULTURE

4.1 COMMUNITY GRANTS PROGRAM ROUND 1 Document Information Author

Responsible Director

Breanna Boyd, Community Grants Officer Deb Simpson, Acting Manager Community Development

and

Cultural

Pauline Gordon, Director Community Wellbeing

Summary/Purpose For Council to consider the funding allocations that have been recommended by the Community Assessment Panels for Round 1 of the 2012/13 Community Grants Program.

Policy Context Council Plan Reference: 3.3 Use meaningful and effective communication and engagement with all sectors of the community as an input to decision-making.

3.9 Support and strengthen community resilience and build social capital.

Council Policy Reference (include weblink as applicable): Community Grants Policy (adopted 14 April 2010).

Background Information The 2012/13 Community Grants Program (Program) is being offered in two funding rounds. This is a change in practice from recent years where only one funding round has been offered. This change in practice has been implemented in order to provide the community with greater scope to access Program funding throughout the financial year.

This report relates to Round 1 of 2.

Program funding was offered under six categories: • • • • • •

Arts and Culture Community Development Community Events Community Newsletter Environmental Sustainability Recreation

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In accordance with the Community Grants Policy (Policy), volunteer Community Assessment Panels (CAP) were convened to consider applications received under each of the six categories. Each CAP was tasked with the development of funding allocation recommendations for Council consideration. Under the Policy provisions, if Council wishes to vary any of the CAP’s funding allocation recommendations, a Councillor must consult with the respective CAP to outline the reason/s for the proposed variation/s prior to Council formally resolving upon the funding allocations.

Consistent with the Policy, some of the budgetary provision for each category has generally been withheld as a ‘reserve’. This reserve offers organisational capacity to provide Quick Response Grants for community needs that may arise outside of the established Program funding round timelines.

The Quick Response Grants reserves for 2012/13 are: • • • • • •

Arts and Culture - $7,500 Community Development - $13,500 Community Events - $6,000 Community Newsletters – $0 (Nil) Environmental Sustainability - $3,000 Recreation - $9,000

Previous Council Decision(s) Date(s): The Community Grants Policy was adopted at the Council Meeting of 14 April 2010 and includes guidelines for the Program’s assessment processes.

Report 87 applications were received across the Program's six categories. As the Program is now being offered in two funding rounds and the Community Newsletters category has been incorporated into the Program for the first time this year, it is difficult to make direct comparisons with the number of applications received for the 2011/12 Program. If one assumes that the number of applications to be received for Round 2 will be the same as or greater than Round 1, the total number of 2012/13 Program applications will be significantly higher than the 149 applications received for the 2011/12 Program.

Program Application Forms were made available electronically from City of Greater Bendigo’s (CoGB) website and in hard copy from the Bendigo and Heathcote Service Centres. A small number were also direct mailed (via email or post) following Officer contact with community members.

The option to lodge applications online was again made available in 2012/13, however following ongoing technical issues this option had to be withdrawn. As a result, only one application was lodged online. It is envisaged that organisational investment in purpose specific grants management software will largely alleviate such technical issues into the future. There is some provision within the 2012/13 budget for organisational investment into such software and Council Officers are currently working through established procurement processes. It is hoped that any software purchased will be operational for Round 2 of the Program.

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The following table provides a category by category summary of: • • • •

the total amount of Round 1 funding available; the total number of applications received; the total amount of funding requested; and, the total of the CAP's funding allocation recommendations.

Total Round 1 funding available

Arts and Culture

Total applications received

Total funding requested

$21,250

Total of CAP recommended funding allocations

8

$ 29,945

$14,990

$38,250

32

$ 92,590

$38,150

$17,000

19

$ 59,295

$17,000

$15,000

2

$ 5,880

$5,880

$8,500

5

$ 17,134

$8,574

$25,500

21

$ 74,832

$25,489

$125,500

87

$279,676

$110,083

Community Development Community Events Community Newsletters Environmental Sustainability Recreation

Total

Quick Response Grants There have been four Quick Response Grants allocated since 1 July 2012 due to community needs arising outside of the established Program funding round timelines.

The respective applications were assessed by the Community Grants Officer, Acting Manager Community and Cultural Development and Director of Community Wellbeing as being consistent with the Quick Response Grants criteria.

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Quick Response Grants Bendigo Historical

th

150 anniversary of rail in Bendigo

Community Events Quick Response Grant

$2,000

Removal of asbestos fence and replacement

Recreation Quick Response Grant

$2,000

Kangaroo Flat

Kangaroo Flat Community Expo

Community Events Quick Response Grant

$2,000

Lead On Australia

‘Change It Up’ Program

Community Events Quick Response Grant

$2,000

Society Kangaroo Flat Bowls Club Lions Club of

Total $8,000

The tables below outline the CAP's funding allocation recommendations for each category.

There are a range of reasons as to why some applications were not recommended for a level of funding by the CAP's. These include: • Incomplete applications.

• Applications being assessed as not meeting the Program Guidelines.

• The limited amount of available funding being oversubscribed.

• Program funding being applied for as an ongoing resource.

The Program Guidelines stipulate that the maximum level of funding that can be sought under any category is $5,000, with the total amount of funding that any one organisation can seek being $5,000.

In most instances the CAP's tended to not recommend the maximum level of funding where this was requested with generalised CAP comments being “the application did not have sufficient merit to justify recommending the maximum level of funding".

The CAP's felt that information provided by the respective Council Officers regarding any application queries assisted them in making more informed decisions.

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Arts and Culture Organisation

Project Details

Amount Sought

Amount Recommended

Bendigo Dance Eisteddfod Inc. Bendigo Dance Eisteddfod

$3,000

$2,000

Bendigo Chamber Choir Inc.

$4,500

$3,000

$3,490

$3,490

$4,000

$4,000

$4,455

$2,000

$500

$500

$19,945

$14,990

Concert Series 2013 Bendigo Symphony Orchestra, Season 2013

Bendigo Symphony Orchestra Karen Organisation of Bendigo Inc. Bendigo Celebrates the Karen New Year Purchase of new mid-section drums Golden City Pipe Band tenor drums and bass drums Heathcote and District Uniting History of the Heathcote and District Church Uniting Church TOTAL

Community Development Organisation

Bendigo Writers Council Long Gully Community Centre Little Legends Playgroup Strathdale Senior Citizens Club Inc. Bendigo Multiple Birth Association Heathcote A. P. & H. Society Inc Bendigo Special Developmental School Bendigo Animal Welfare & Community Services Inc. Melody Makers Eaglehawk Community House

Project Details Bendigo Writers Council Calendar of Events Installation of Security System Improving Play Equipment New Serving Trestles and Club Room Tables Future Operating Costs - Raising Awareness and Response Rubbish and Recycling Bins Inside-Out Learning

Community Support Programs Financial Assistance for Melody Makers Happy Travellers (Community Excursions) Purchase of Laptop Computer and Bendigo Bonsai Club Inc. Projector Kangaroo Flat Anglican Parish Bendigo Needles and Threads Stepping Stones to Success - A Workshop for Families Supporting an Alcohol and /or Family Drug Support – Bendigo Drug User Elmore Cemetery Trust Safe Storage of Burial Records Heathcote Senior Citizens Club Purchase of Tea Trolleys and New Carpet U3A (University of the Third Strengthening Connections Between Age) Bendigo Young and Old U3A (University of the Third Age) Bendigo Hall Improvement (installation of blinds) Kangaroo Flat Baptist Church Reverse Cycle Air-Conditioning for the Playgroup Kangaroo Flat Baptist Hall Eaglehawk Anglican Parish Drop-In Centre Kindergarten Room 1 Bathroom Retiling Dr Harry Little Preschool and Painting Circus WOW (Circus of the Circus WOW - The Circus of the

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Amount Sought

Amount Recommended $1,500 $1,676 $2,000

$1,000 $1,676 $1,000

$3,000

$1,000

$4,903 $3,139

$1,000 $2,000

$4,439

$2,000

$4,621 $3,000 $1,520

$3,000 $1,000 $1,520

$2,000 $1,100

$800 $1,100

$3,830 $560 $2,941

$3,830 $560 $2,360

$938

$938

$556

$556

$4,600 $5,000

$2,310 $1,000

$3,700 $2,000

$1,000 $2,000

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Organisation

Project Details

Imagination)

Imagination Y Services Premises Project (replacement of carpet in multipurpose room) Security and Storage for Displays and Artefacts Replacement/upgrade of broadcasting studio console Eaglehawk North Primary School Playgroup

Y Service Club of Eaglehawk Huntly and Districts' Historical Society Goldfields Community Radio Cooperative Ltd. Eaglehawk North Primary School TOTAL

Amount Sought

Amount Recommended

$4,325

$2,500

$3,422

$1,000

$4,000

$2,000

$3,500

$1,000

$72,270

$38,150

Community Events Organisation

Project Details

Mia Mia Mechanics Institute Long Gully Neighbourhood Centre Inc.

Twilight Opera at Mia Mia

$3,000

$2,000

Long Gully Community Events Assistance With the Cost of the Hiring of the Bendigo Exhibition Centre Craft Come & Try Day

$4,380

$2,000

$5,000 $1,000

$1,000 $1,000

Bendigo Family Activity Day – BSLB Bendigo Mother's Day Classic 2013 Strategem Community Carols in Maiden Gully Chrysanthemum Championship and All Breed Goat Fair Robyn Hookes Shield: A cricket match between the Australian Transplant Cricket Club and a team of Bendigo players to promote organ and tissue donation Carols in the Bush Heathcote Connect (a community event with social connection and mental / physical wellbeing focuses).

$1,532 $2,213

$1,250 $750

$2,500

$1,500

$4,500

$1,000

$4,730 $2,000

$3,000 $1,500

$5,000

$2,000

$35,855

$17,000

Eaglehawk Kennel Club CWA Axedale Branch Bendigo Social Little Butterflies Inc. Bendigo Mother's Day Classic Maiden Gully Progress Association Inc. Bendigo Goldfields Chrysanthemum Association

Bendigo Health Goornong Guide Inc.

Heathcote Health TOTAL

Amount Sought

Amount Recommended

Community Newsletters Organisation

Project Details

ZooM Editorial Group

Zooming Ahead - Strengthening Bendigo's Newsletter About Positive and Active Ageing

$3,880

$3,880

Huntly News

$2,000

$2,000

$5,880

$5,880

Huntly and Society

Districts'

Amount Sought

Amount Recommended

Historical

TOTAL

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Environmental Sustainability Organisation

Project Details

Amount Sought

Amount Recommended

What is Special About Sheepwash and Emu Creeks? (Development of signage to be placed along creek walking track.

St Francis of the Fields Primary Wording and pictures to be developed in School consultation with children and teachers).

Loddon Mallee Preschool Association Bendigo Bush Kinder Big Hill Primary School Propagation of Seedlings

$5,000

$5,000

$ 3,800 $1,074

$2,500 $1,074

TOTAL

$9,874

$8,574

Recreation Organisation

Project Details

Bendigo Gliding Club

Gravel to Cover Slippery Mud

$1,800

$1,800

Bendigo Woodturners

Tools and Equipment for Introduction to Woodworking for all Ages

$1,789

$1,789

Bitumen Pathway Grounds - Keeping Equipment for the Goornong Swimming Pool

$4,000

$4,000

$800

$800

Purchase of Power Generator Victorian Country Stickfighting Association (VCSA)

$2,500

$1,500

$3,800

$3,800

Acquisition of Horse Float

$4,500

$4,500

$5,000

$3,500

$2,500

$2,500

$2,225

$1,300

$28,914

$25,489

Axedale Golf Club Goornong Community Swimming Pool Committee Bendigo and District Off Road Radio Controlled Car Club (BADRC) Victorian Country Stickfighting Association (VCSA) Riding For the Disabled Association Bendigo

Golden Square Football Netball Club Inc. Furniture Upgrade Minor works: Club facilities upgrade with Golden Square Bowling and shade shelters and dining/recreation room Croquet Club blinds Eaglehawk Hockey Club

Eaglehawk Hockey Club Junior Development Program

TOTAL

Amount Sought

Amount Recommended

Commencement Date: In accordance with the Program Guidelines, Projects that funding allocations are approved for under Round 1 should commence on or after 1 December 2012 and generally be completed with one calendar year. Project Evaluation Forms / Acquittals need to be provided to the Community Grants Officer within 60 days of the completion of the Project. Failure to do so could render funding recipients ineligible to seek further CoGB funding.

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Both successful and unsuccessful applicants will be advised as to the outcome of their application following Council’s resolution.

Risk Analysis: The manner in which all applications received for Round 1 of the Program were assessed is consistent with the Policy.

The CAP’s collective funding allocation recommendations are consistent with the subbudgets outlined within ‘Resource Implications’.

CoGB is currently undertaking an internal review of all grants and other forms of financial assistance it currently provides to the community through a range of mechanisms. CoGB has initiated this review in the spirit of continuous improvement, transparency and equity.

A cross-organisational Project Control Group is overseeing the implementation of this review. The project brief provides for the review to be undertaken in two stages. The focus of Stage 1 was an audit of current activity, whilst the focus of Stage 2 is the development of recommendations that will ultimately be for Council consideration. Stage 1 has been completed and the findings have been presented to EMT. Stage 2 has now commenced. The review outcomes are likely to have some impacts on the Program, with the aim of implementing any required changes for the 2013/14 Program.

Consultation/Communication Internal Consultation: • Internal consultation regarding the Program Guidelines included staff from the Building and Property, Community and Cultural Development, Media and Communications, Recreation and Sustainable Environment Units.

External Consultation: Grant Writing Seminars Three Grant Writing Seminars (Seminars) were held in the lead up to Round 1, one each in Bendigo, Elmore and Heathcote. There were varying levels of attendance across the three Seminars, with 94 community members participating in total, representing a broad spectrum of community interests. For comparison purposes, the three Grant Writing Seminars held in 2011/12 had 146 attendees in total. The decrease in the number of participants is thought to be due to the success of these Seminars in previous years and former participants feeling confident enough to prepare a Program application without having to attend an additional Seminar. Evaluation data indicates that all three Seminars held in 2012/13 were positively received by community members.

In accordance with the Policy, volunteer Community Assessment Panels (CAP) have been convened to consider applications received under each of the six categories.

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Resource Implications Budget Allocation in the Current Financial Year: The total budgetary provision for the Program is $290,000. This has been broken down into the following sub-budgets: Round 1 - $125,500 Round 2 - $125,500 Quick Response Grants reserve - $39,000 (of which there was $31,000 remaining at the time of preparing this report).

Of the 87 applications received for Round 1, the CAP’s have recommended that a total of 57 (or approximately 65%) be allocated a level of funding. The total amount of Round 1 funding that the CAP’s have collectively recommended be allocated is $110,083.

Conclusion 87 applications were received for Round 1 of the 2012/13 Community Grants Program.

The total amount of funding sought across all applications was $279,676. This far outweighed the available budgetary provision of $125,500. In accordance with the Community Grants Policy, Community Assessment Panels have been convened to consider applications received under the six respective categories. The Community Assessment Panels have developed funding allocation recommendations totalling $110,083 for the consideration of Council, with approximately 65% of applications recommended to receive a level of funding. The Community Assessment Panels’ collective funding allocation recommendations fall within the available budgetary provision of $125,500.

Once Council has resolved upon funding allocations, all applicants will be notified in writing as to the outcome of their application.

Attachments Nil. RECOMMENDATION That Council allocate 2012/13 Community Grants Program - Round 1 funds totalling $110,083 in accordance with the Community Assessment Panels' recommendations detailed within the body of this report.

RESOLUTION Moved Cr Fyffe, Seconded Cr Lyons.

That the recommendation be adopted.

CARRIED

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4.2 'ACHIEVING RESPECT AND GENDER EQUALITY IN GREATER BENDIGO' POSITION STATEMENT Document Information Author

Romina Lougoon, Social Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose This report recommends that Council adopt and sign the ‘Achieving respect and gender equality in Greater Bendigo’ Position Statement. This states Council does not condone any form of violence in the community and wants the community to be gender equitable, respectful and inclusive. It is timely as White Ribbon Day is on 25 November 2012.

Policy Context Council Plan Reference: The Council Plan 2009-2013 (Updated 2012) under the Goal Area ‘Community and Culture’ has the Strategy ‘work collaboratively to promote community safety and healthy living’. Within this Strategy is the action ‘implement the Violence Prevention Plan’.

Strategy Reference: The Violence Prevention Plan 2012-2015 under the prevention strategy ‘Foster organisations, communities and cultures that are gender equitable and non-violent’ has the action ‘Newly elected Councillors to sign the ‘Greater Bendigo City Council says NO to violence against women’ position statement as part of their ongoing commitment to not commit, condone or remain silent about violence against women’.

Council Policy Reference: The Greater Bendigo City Council adopted in 2010 the position statement “Greater Bendigo City Council say NO to violence against women”. This position statement has now been updated to reflect the strategic work that has been undertaken.

Background Information Council at its meeting on 20 October 2010, adopted and signed the first position statement ‘Greater Bendigo City Council says NO to Violence against Women’. Part of the position statement had an action around developing a strategic approach for the City of Greater Bendigo’s role in Violence Prevention including Preventing Violence against Women.

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The Violence Prevention Plan 2012-2015 and Policy Statement was developed and adopted by Council at its meeting on 15 August 2012. This is Council’s commitment to preventing violence in the community. The objectives of the Plan were: Objective 1: The City of Greater Bendigo will offer a range of strategies in partnership with other organisations networks and community members designed to increase awareness and community endorsement for strategies designed to prevent violence, and assist those affected by violence to find the services they require. This is an ‘outward looking’ objective designed to increase community knowledge and capacity to prevent violence.

Objective 2: The City of Greater Bendigo will be a role model in the adoption of organisational strategies to reduce the risk of Violence in the community and which increase staff awareness of services available to provide direct assistance for those affected. This is an ‘inward looking’ objective designed to increase the competency of City of Greater Bendigo staff to prevent, recognise and manage violence against others appropriately.

The Plan outlines actions on how the City of Greater Bendigo will work in partnership with service providers and be a role model to violence prevention.

Previous Council Decision Dates: • •

20 October 2010 – First Position Statement signed by Councillors 15 August 2012 – Council adopts the Violence Prevention Plan 2012-2015

Report In Australia intimate partner violence is the leading cause of ill health and premature death in women aged 15-44 years. On Census night in 2011, there were 19,955 females aged between 15-44 years living in Greater Bendigo which accounts for just under 40% of the total female population living in the municipality.

In 2010/2011 Police responded to 753 family violence incidents in Bendigo, with 82 just in December 2010 alone. This increased substantially to 126 incidents in the month of December 2011. An increase in reports does not always suggest an increase in incidents, but that the community are aware of family violence and are comfortable to report and get help.

Family violence is just one form of violence prevalent in the Greater Bendigo community.

Other forms of violence like assaults (excluding sexual assault) continue to increase in the community. Between December 2010 and December 2011, Police reported an increase of 18.6% in assaults (excluding family violence) in Greater Bendigo. This form of violence usually occurs between people who don’t know each other and predominately between males. It is harder to ascertain how many people experience violence like elder abuse as much can go unreported, however it is estimated that between 1-5% of elderly people experience elder abuse by someone they know.

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90% of respondents to the 2011 Bendigo Wellbeing Survey were in favor for strategies designed to decrease violence against women. Local government provides an ideal setting to increase awareness of this issue and in the longer term to reduce the incidence of violence.

The development of the Violence Prevention Plan outlined the City of Greater Bendigo’s commitment to preventing violence in the community. Through this process, it was clear from the community that the City of Greater Bendigo needs to take on a leadership role.

The position statement publicly shows the City's commitment to the community to be a role model and is an important step towards raising awareness of the various forms of violence in the community and that it is a serious and preventable health issue.

As the previous position statement is over two years old and the Violence Prevention Plan has been developed by CoGB, it is important for the statement to be current and be signed by all Councillors as part of the ongoing commitment to not commit, condone or remain silent about violence in our community.

Position Statement "Greater Bendigo City Council understands violence in any form is a serious and preventable health issue for the Greater Bendigo Community. Council does not condone the use of violence in any form towards any member of the community.

In response Council will:

Say “NO” to Violence against Women.

Says “YES” to a gender equitable, respectful and inclusive Municipality.

Not condone or remain silent on the use of violence within the community.

Raise community attitudes about respect and equality.

Strive to implement the Violence Prevention Plan 2012-2015.

Greater Bendigo City Council will work to:

Work in partnership with service providers to prevent violence in our community.

Be a role model.

Create inclusive community settings and a gender equitable municipality.

Foster respectful attitudes and relationships."

Priority/Importance: The need for the City of Greater Bendigo to lead by example and send a strong message of working towards a gender equitable, respectful and inclusive community is a high priority and signing of the position statement does this. With the recent Council Election and White Ribbon Day being held on 25 November 2012, it is timely that the position statement is signed by the new Council.

Timelines: The adoption of the position statement will become effective immediately.

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Risk Analysis: The major risk of not signing this position statement, compromises the implementation of the Violence Prevention Plan and the commitment made when the Plan was adopted to be a leader in violence prevention in the community.

Consultation/Communication The Violence Prevention Plan was developed through extensive consultation with key stakeholders, service providers and the community. It was identified throughout this process that Council needs to be a role model and publicly signing a position statement clearly states their commitment and shows the community they are serious about preventing violence in the community.

Resource Implications There are no resource implications for the position statement. Actions within the Violence Prevention Plan will need budget allocation where identified.

Budget Allocation in the Current Financial Year: Nil Previous Council Support: $6,500 to develop the Violence Prevention Plan.

Projected costs for future financial years: subject to annual budget allocation.

Conclusion The ‘Achieving respect and gender equality in Greater Bendigo’ position statement has been developed in line with the policy statement endorsed by Council in August 2012 and is now presented to Council for adoption and signing.

RECOMMENDATION That the Greater Bendigo City Council resolve to: 1. Adopt the ‘Achieving respect and gender equality in Greater Bendigo’ Position Statement; and 2. Sign the adopted position statement.

RESOLUTION Moved Cr Campbell, Seconded Cr Fyffe.

That the recommendation be adopted.

CARRIED PAGE 126

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SUSPENSION OF STANDING ORDERS

RESOLUTION Moved Cr Fyffe, seconded Cr Lyons.

That Standing Orders be suspended to allowing for the signing of the Position Statement.

CARRIED

RESUMPTION OF STANDING ORDERS

RESOLUTION Moved Cr Fyffe, seconded Cr Lyons.

That the recommendation be adopted.

CARRIED UNANIMOUSLY

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Position Statement Greater Bendigo City Council understands violence in any form is a serious and preventable health issue for the Greater Bendigo Community. Council does not condone the use of violence in any form towards any member of the community.

In response Council will:

Say “NO” to Violence against Women.

Says “YES” to a gender equitable, respectful and inclusive Municipality.

Not condone or remain silent on the use of violence within the community.

Raise community attitudes about respect and equality.

Strive to implement the Violence Prevention Plan 2012-2015.

Greater Bendigo City Council will work to:

Work in partnership with service providers to prevent violence in our community.

Be a role model.

Create inclusive community settings and a gender equitable municipality.

Foster respectful attitudes and relationships.

Signed by the City of Greater Bendigo Councillors on 14 November, 2012.

Cr Lisa Ruffell Mayor

Cr Helen Leach

Cr Rod Campbell

Cr Barry Lyons

Cr Elise Chapman

Cr Mark Weragoda

Cr Peter Cox

Cr James Williams

Cr Rod Fyffe

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4.3 COUNCIL PLAN 2009 - 2013 (REVISED 2012) - QUARTERLY REPORT ON PROGRESS (SEPTEMBER 2012) Document Information Author

Lyn Talbot, Corporate and Community Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose The purpose of this report is to provide the first quarterly report for the 2012-13 year on progress against the goal areas, strategies and actions set out in the Council Plan 20092013 (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 four years 2009-2013, to meet the community’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 first 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: Major Projects • •

Edward Street multi-storey car park development – the site is fully operational; all tenancies have been finalised and landscaping undertaken, with further trees to be planted in the near future.

Extension of the Bendigo Art Gallery – construction has commenced.

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• • • •

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Library redevelopment - The library service has been relocated to temporary premises to enable the redevelopment. Following awarding of the construction contract, construction commenced on site on 17 September, 2012.

Indoor aquatic facility at Kangaroo Flat - the schematic design phase has commenced.

Airport redevelopment – the Planning Scheme Amendment for the new runway and changes to the planning controls, to enable contemporary airport services and associated activities, has been lodged.

The Sandhurst Community Theatre project- the planning approval has been granted. Preparation of the contract documentation has commenced.

Built and Natural Environment •

•

•

•

•

•

•

The City is preparing for a bulk changeover of street lighting by participating in action by the MAV to negotiate replacement rates collectively with power distribution companies (Powercor for CoGB). The City continues to assist the Central Victorian Greenhouse Alliance to support rural councils to participate in change-over action.

A Domestic Wastewater Management Project Officer has been appointed who has commenced the review of the Domestic Wastewater Management Plan (DWMP). In Raywood, a survey to determine the status of septic tanks within the township and knowledge of land owners/occupiers on their management will be undertaken. The information will assist with long term waste-water planning for the area and the development of an education program to improve house-holder knowledge. The DWMP and Coordinator, Public Health & Environment have also been working with Coliban Water on the community consultation process for the planned sewer extension to Markovitch Lane, Junortoun.

The City has been involved in a partnership project titled 'Framing Adaptation' with the Victorian Centre for Climate Change and Adaptation Research for the past 12 months. This partnership has assisted staff to develop an improved understanding of the potential implications of climate change on the organisation and the community, including how to assess and mitigate potential impacts.

The City has been successful in obtaining a $380,000 grant from the Federal Government Community Energy Efficiency Program. This will be matched by CoGB contribution of funds and in-kind support over the next 2 years in a project to upgrade heating, ventilation, cooling, lighting and pool pumps at seven of the City's highest energy consuming facilities.

Development of the Waste and Resource Management Strategy has commenced.

Stage one is complete with the development of the background paper describing current City waste management activities. Stage 2 involves consultation with key agencies and community members to inform the Stage 3 community survey.

The public exhibition and community consultation period for the significant/cultural landscape study for the Mandurang and Big Hill areas is nearing completion.

Submissions will be assessed and reported to Council with recommendations for any consequent changes to the Landscape Assessment report.

A Housing Policy that establishes Council's role and approach to the broad range of housing issues, including diversity, availability, housing stress and affordability is currently being developed and integrated into the Residential Strategy review.

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• • •

• • • •

• • • • •

Ordinary Meeting - 14 November 2012

Funding has been received for preparation of a Structure Plan for the Hospital Precinct project. The project commencement is imminent following scoping of the project and setup of project governance.

A Planning Scheme Amendment to implement the CBD Parking amendment has been adopted and is with the Minister for Planning awaiting approval.

Implementation of the Master Plan for the Bendigo Botanic Gardens at White Hills is continuing with construction of path networks and removal of the old aviary. At Lake Weeroona the areas around the Napier Street Public Amenities and Playground have been upgraded, dead trees removed and selected garden bed areas upgraded. At Canterbury Gardens ongoing works have included tree maintenance, infrastructure maintenance and replanting of garden beds.

In ongoing efforts to reduce waiting times for required work on trees in the public domain, additional funding from the Parks and Natural Reserves Unit budget has been committed to reduce the backlog of outstanding customer requests.

The project to review a range of options and then recommend the most effective Centre Management structure for the CBD has commenced.

External funding is being sought for the project to review the planning and design for the Bendigo Station Precinct for current and expected growth in demand.

The project to prepare a Heritage Plan that prioritises the strategic goals and objectives and resource allocation for promotion, programs and heritage protection strategies is currently being scoped to ensure it aligns with Heritage Victoria guidelines.

The project brief is being prepared to undertake a Heritage Study for East Bendigo/White Hills to inform preparation of citations and inclusion of properties in the Heritage Overlay.

The review of the Residential Development Strategy 2004 is underway, and an issues paper is expected by January 2013.

A major drainage program has been adopted for 2012/13 financial year based on cost benefit analysis of works. Works are currently underway on a number of major projects including Eaglehawk Road and Alliance Avenue in California Gully.

It is anticipated that by June 2013 the audit of Council owned and managed properties will be completed and information recorded.

The Senior Integrated Transport Planner has been appointed for a 3 year fixed term to undertake, in partnership with key transport agencies, the development and preparation of an Integrated Transport Strategy for Greater Bendigo.

Economic Development • • • •

The CEO has worked closely with the project team for the Loddon Mallee Regional Strategic Plan (Southern Region) to prepare the second annual report.

The CEO has collaborated with other CEOs in the region along with the consultant and good progress is being made on preparation of the Regional Growth Plan.

As a result of continuing efforts to attract new events into Bendigo, this year the Victorian Open Road Cycling Championships for men and women will be centred around Bendigo in November.

The 2012 Inventor Awards have taken place and were once again a great success.

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• • • •

• •

Ordinary Meeting - 14 November 2012

A staff member has been appointed to continue to support the industry and postsecondary student linkages for work experience and possible work placement.

Planning for the Marong Business Park for manufacturing and associated activities is continuing with 19 reports now being finalised and the Wildfire report recently commissioned. Briefings for Councillors and authorities have been ongoing.

The Farm Diversification Expo, an initiative of the Loddon Bendigo Rural Women's Network, was held in September with over 150 women in attendance.

The Livestock Exchange was successful in attracting a Federal Government grant administered through Meat and Livestock Australia (MLA) for Stage 2 of the trial electronic sheep tagging process and development of an implementation plan. The next stage of the project will be to install the scanners and run live trials of the system. Additional funding is required for the next stage.

The review of the Economic Development Strategy has commenced.

The inaugural Bendigo Writers Festival was very successfully staged in August 2012 in partnership with the Bendigo Weekly and La Trobe University.

Community and Culture • •

• • • • •

•

Bendigo has been announced as a location in the next round of the NBN rollout.

There has been strong advocacy for the region in a number of areas by the City of Greater Bendigo. Most importantly, during this quarter, the City of Greater Bendigo has taken a regional lead in issues relating to financing of Local Government, in particular, highlighting the impact of the Defined Benefits Superannuation liability.

Another area of advocacy has been to support the region to address planning issues associated with development in potable water supply catchments.

Funding is being sought to undertake a project which will identify current and likely future needs for community facilities in and around Eaglehawk, evaluate the facilities fit-for-purpose capacity and prioritise possible actions.

Funding has been received to promote and disseminate Greater Bendigo 2036, the first stage of which will be fostering detailed community participation in Greater Bendigo Thinking Community activities.

Preparation of the Junortoun community plan is proceeding well. At a forthcoming community meeting, results of community consultation activities will be presented and discussed and priorities established.

Small Township Engagement meetings were held across July, August and September, with the improvements to meeting function largely implemented.

Meetings in Knowsley and Sedgwick were added to the program this year.

Efforts to support and build the management capacity of community organisations to become more self-sufficient in their operations have been ongoing and included the free advocacy training and grant writing sessions that were offered in July, the work of the Committee Development Worker in supporting committees to review their governance structures and processes and the Farm Diversification Expo.

The process to review the current Arts and Cultural Strategy and also to prepare objectives for new Arts and Cultural Diversity Strategy has commenced.

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•

• •

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The process of preparing the new Municipal Health and Wellbeing Plan (2013-2017) has commenced with the development of 'Fact Sheets' that identify the health status and health detriments of the Greater Bendigo population. These are available on the website and will be disseminated throughout the municipality in October 2012.

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

The short term case management pilot program designed to assist high needs aged care clients to become more self reliant and independent, has been completed and evaluated by the Department of Health. Funding for the position has now been extended until December 2013.

People and Processes • •

•

•

Information technology upgrades have been undertaken, in order to improve internal data transfer efficiency. Rollout of the changeover to Microsoft 2010 is planned for December.

'Managing for Success', the City of Greater Bendigo's new management fundamentals program which is based on management training needs identified by a survey conducted with members of the OLT in early 2012, was launched in September 2012 to all members of the Organisation Leadership Team, Coordinators, Team Leaders and Supervisors.

The revised Customer Service Charter, which draws on the findings of the Customer Service Review, has now been approved and launched. Staff award systems are in place at both Corporate level and Customer Support Unit level to recognise staff who provide excellent customer service.

Planning is underway for five directorate workshops which will help to inform strategies to build the capabilities of our workforce, in line with the corporate planning and budgeting cycle.

Conclusion This first quarterly report for the financial year provides details of many new projects and activities that have commenced in the first quarter of the year and some larger projects that are continuing 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 against agreed actions have been documented.

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.

Attachments Nil.

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RECOMMENDATION That Council acknowledges the significant progress against the yearly actions set out in the 2012 Council Plan.

RESOLUTION Moved Cr Fyffe, Seconded Cr Cox. That the recommendation be adopted.

CARRIED

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4.4 HARGREAVES MALL PLAYSPACE Document Information Author

Debbie Thewlis, Manager Customer Service

Responsible Director

Pauline Gordon, Director Community Wellbeing

Summary/Purpose The purpose of this report is to inform Councillors of the results of the consultative process undertaken to select the final design for a play space in the Hargreaves Mall, and to endorse the commencement of the delivery phase of the chosen play space.

Policy Context Council Plan 2009/13 2.5 - Continue to support the municipality's diverse business and rural sector.

2.5.3 - Work with CBD traders and the community to develop programs and events that maximise activation of the Hargreaves Mall.

Background Information In response to community consultation and feedback, which called for the installation of play equipment in the Hargreaves Mall, Council in its 2012/2013 budget allocated $150,000 to deliver on this community need.

The Mall Activation Working Group comprising membership from units across the organisation was formed in early 2012 and is chaired by the Director Community Wellbeing. The purpose of the group is to take a cross organisational approach to the activation of the Central Business District following on from a comprehensive community consultation review process undertaken with the youth sector in May 2011 and again with the broader community, children and traders in October 2011.

The review highlighted that people found it difficult or did not know how to access Council in order to hold an event or activity in the mall, or that when they did; it was too difficult to navigate through the amount of work required. In other words, our processes made some people reconsider holding an event or activity.

Lack of a single entry point caused frustration for many community members in order to hold an event or activity, find out what’s on in and around the CBD, including where there may be road closures or other issues that need to be communicated. Other key items requiring attention included the delivery of a Play space and improving the overall amenity.

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The working group formed in an effort to address the issues that were identified by the review, particularly around the need to work with the community to plan, promote and deliver a range of events and activities in public open space in the CBD. An initial focus has been to progress the activation of the Hargreaves Mall. The first task assigned to the group was to develop a project brief for the design of a play space.

When formulating the brief the group took into account feedback from the review process where children and community members provided ideas and input into options for what a preferred play space might include. Vibrancy and ability for multiple users were two of the criteria, together with price and ability to deliver. A number of Council staff, qualified and experienced in the design and delivery of such infrastructure, submitted design proposals to the Working Group. This included the Parks and Natural Reserves Unit, Recreation Unit and the Landscape and Public Space Unit.

The Mall is a difficult space to install any infrastructure in given the technical complexities associated with ground work. The designs were checked for delivery capability in a suitable location and compliance with play ground standards. Three designs were then shortlisted that could be delivered within the allocated budget that met the key target group of children, primarily those aged 0-6 years. The three designs are shown at Attachment One. The Working Group agreed that the most qualified group of citizens to be given the task of selecting the final design would be the children who will utilise the equipment in the future. Three posters were developed and stories written to describe the themes and various attributes of the three designs. Kits were assembled to facilitate a simple voting process and were delivered to every Primary and Pre School in the municipality (approximately 80 kits in all). This enabled an opportunity for every prep and pre schooler in the municipality to become involved in the democratic process of selecting a play space for the Mall.

In all 64 Primary and Pre Schools out of a possible 80 elected to be part of the project, and proceeded to collect their children’s votes and return them to CoGB for tallying.

Approximately 2,565 in total children voted on their preferred design.

The result of the consultative process is as follows: House & Boat Number %

Red Dragon

392 15.28%

1824 71.11%

Land & Sky 349 13.61%

Previous Council Decision(s) Date(s): Report The report to Council’s ordinary meeting dated 21 March 2012 discussed the community engagement undertaken to determine the community's preference for activation of the Hargreaves Mall public spaces.

Council, in its 2012/2013 Budget - approved an allocation of $150,000 for Hargreaves Mall play space.

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Priority/Importance: The recent community consultation to determine a preferred play space design has received an excellent response and it is critical to maintain the positive momentum to deliver the preferred dragon design.

The working group is on track with its process having completed the consultation on time. It is now critical to gain council endorsement to move to the next steps of ordering the associated components so that it can be installed prior to Easter 2013. Many of the manufacturers close over the festive season so it is desirable to give as much notice as possible.

Timelines: Playspace components will be ordered in November 2012, with delivery and construction to be completed by Easter 2013.

Risk Analysis: There is a genuine excitement by the Preschool and Prep children of the City of Greater Bendigo in being involved in determining the preferred play space. If Council determined not to progress this design, it would severely impede its relationship with our young members of the community. Children have responded well to this exercise.

A comprehensive consultation process has revealed an expectation that a play space will be installed in the Mall. The consultative process included Mall traders and users, including children. The play space chosen is consistent with the project brief, including delivery of desired attributes, budget, timeframes and risk / safety auditing.

Risks benefit analysis is being applied throughout the design, construct and finalisation of the concept. The play space will not be open for public use until it achieves a satisfactory risk benefit assessment report. This report is provided by a qualified external consultant who is conversant in the relevant Australian standards The other critical risk is the importance of working with the traders in the timing and installation of the “Dragon”. It is envisaged that there will be ground works involving noisy machinery and the timing of this work needs to be negotiated and endorsed by the traders to ensure that it occurs during a “down time” in their trading hours.

The preferred play space is a custom made design and relies upon external providers for manufacture of the components. Commitments have been obtained from the suppliers which will deliver the play space within the stated timeframes.

Costings have been obtained for supply of all components, site works and installation.

These costings have a built in contingency of 10%.

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Consultation/Communication Internal Consultation: The Mall Activation Working Group comprising membership from units across the organisation was formed in early 2012 and is chaired by the Director Community Wellbeing. The purpose of the group is to take a cross organisational approach to the activation of the CBD, particularly around the need to plan, promote and deliver events and activities for the community events space in the CBD and Hargreaves Mall. The first task assigned to the group was to develop a project brief for the design of a play space for the Hargreaves Mall, and following the development of the brief to enlist the services of appropriately qualified and experienced staff from across the organisation to submit to the group their designs options.

External Consultation: The report to Council dated 21st March 2012 discusses the community engagement undertaken to determine the community's preference for activation of the Hargreaves Mall public space.

Once the options were developed, the President of the Bendigo Traders Association joined with the Mall Activation working group in its discussion of the designs prior to progressing the consultation process.

During the month of October 2012 a more focussed consultative process has been undertaken with 80 pre school and primary school for children in the 4 - 6 year age bracket to determine the preferred play space for the three play space designs shortlisted by the working group.

To date the feedback from the preschools and schools has been overwhelming positive.

The support received from local media also made children and families aware of the process with some schools saying that children were waiting to “vote” and anecdotal communication from community members to council officers about their “dinner table” conversations.

Officers also received a number of letters of appreciation from preschools and schools about being invited to participate. Some excerpts from these letters are below: “The opportunity that the Eaglehawk Primary School prep students had to vote for their favourite playground design was wonderful. There was a buzz from the students as they looked at the photos and heard the stories that went with them. They are looking forward to seeing the design that wins in the Mall next year.” - Eaglehawk Primary School “Thank you for allowing us to vote on the playground design. We have spent lots of time looking at the playground designs and comparing the different features.” “We really enjoyed imagining playing on each playground and liked the stories that were included.”

- Creek Street Christian College “Thank-you for the opportunity to be involved in this project! The children and families have really embraced the concept and are excited to be a part of decision making in their community.” “The sense of ownership should be wonderful when the playground is built – hopefully they should remember the part they played in choosing the playground.” Spring Gully Kindergarten

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A drawing by a student from Violet Street Primary School is also included at Attachment Two. Resource Implications The project has a budget of $150,000 in the 2012/2013 budget. The play space has been designed for a high profile public space and will be constructed with the highest quality components to reduce the risk of damage. There will be some insignificant ongoing maintenance required along the lines of other play space areas in the municipality.

Budget Allocation in the Current Financial Year: $150,000 External Funding Sources: Nil Conclusion It is concluded that, following the consultative process, the children aged 4 - 6 in the City of Greater Bendigo have overwhelmingly chosen the dragon play space for the public open space area of the Hargreaves Mall.

RECOMMENDATION That Council: • Thank all Greater Bendigo Schools and Preschools for assisting Council determine a preferred play space for the Hargreaves Mall, • Endorse the “Dragon” for installation in the Hargreaves Mall; the play space designed by the Landscape Design team and chosen by the children aged 4 - 6 in the municipality.

Cr Ruffell declared a conflict of interest (indirect financial interest) in the Community and Culture Report No. 4.4 (Hargreaves Mall Playspace) as she operates a business in the Hargreaves Mall.

Cr Ruffell left the meeting.

In the absence of the Mayor, Cr Fyffe assumed the Chair.

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RESOLUTION Moved Williams, Seconded Cr Cox. That the recommendation be adopted.

CARRIED

Cr Ruffell returned to the meeting and resumed the Chair.

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Attachment One – Playspace designs House and Boat 392 votes (15.28% of total votes)

Red Dragon 1824 votes (71.11% of total votes)

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Land and Sky 349 votes (13.61% of total votes)

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Attachment Two Drawing by Sianah Jessup, prep student at Violet Street Primary School

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4.5 LONG GULLY AND GOLDEN SQUARE SWIMMING POOLS Document Information Author

Lincoln Fitzgerald – Acting Manager Recreation

Responsible Director

Pauline Gordon – Director Community Wellbeing

Summary/Purpose This report provides a summary of the issues, financial implications and usage of Golden Square and Long Gully Swimming Pools and seeks Council’s preferred direction regarding the future operations of both facilities.

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.

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

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

The strategy includes recommendations to close, replace and upgrade a number of facilities as well as the development of new centres. Closure of Long Gully and Golden Square is 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.

The previously adopted recommendations are: a)

Develop a new Indoor Aquatic Leisure Centre on the site of the existing Kangaroo Flat Leisure Centre in the Browning Street Reserve, Kangaroo Flat. Undertake necessary planning outlined in the conclusion of this report and subject to available funding commence construction in the 2012 / 2013 financial year.

Status: Contract for detail design has been awarded and initial site concepts, investigation and costing are underway.

b)

That as part of the planning phase Council prepare a business case for both a 25m and 50m Indoor Aquatic Leisure Facility that incorporates both capital expenditure together with operational income and expenditure and that this analysis take into account the need to incorporate the training / fitness, education, health, and therapy markets.

Status: Complete

c)

That as part of the design brief investigations take place in relation to a configuration in the dry weather facility, that could accommodate existing users of the Kangaroo Flat Leisure Centre.

Status: Refer to Council Report 8 February 2012.

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d)

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Within the timeframe for construction of the new Indoor Aquatic Leisure Centre, close Kangaroo Flat and Golden Square Pools given their poor condition, limited ability to meet community needs, proximity to each other and the site of the proposed new Indoor Aquatic Leisure Centre in Kangaroo Flat.

Status: Subject of this report.

e)

Within the timeframe for construction of the new Indoor Aquatic Leisure Centre, close Long Gully Pool given its poor condition and limited ability to meet community needs.

Status: Subject of this report.

f)

In recognition of the importance of the Long Gully Swimming Pool to the local community that Council endorse the formation of the Long Gully task force for the purpose of developing replacement recreation facilities.

Status: Please refer to the Report section of this document and attached Draft Terms of Reference.

g)

Adopt a sustainable municipal wide strategy by implementing a satellite model in regard to the future provision of aquatic leisure facilities to meet the increasing demand generated by population growth in the Eastern, Northern, and North Western areas of the municipality.

Status: Underway.

Independent External Reports Technical Assessment of Swimming Pools - RJ Ball (March 2009) Civil Engineer Ray Ball undertook an assessment of the existing cold water seasonal swimming pools. This assessment recommended short term, long term and ongoing works required to continue operating these facilities maintaining appropriate service levels and standards.

Operational Assessment - Coomes Consulting (June 2009) This assessment included the operational aspects of each swimming pool including income, expenditure and attendance. This information was utilised to assess the unit cost to operate each swimming pool and consider capital works required to maintain the current service levels.

Indoor Aquatic Centre Feasibility Study – Garry Henshall and Associates, Michelle Read – Planning for Communities and Hughes Cartwright Design Group (June 2010) This study provides a description of the aquatic, aquatic leisure, and health and fitness opportunities available in the urban areas of Greater Bendigo and an analysis in the gaps of provision with the existing swimming facilities.

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This study also examines the feasibility of developing a second Indoor Aquatic Leisure Centre in the City of Greater Bendigo.

Aquatic Facilities Strategy - Gary Henshall and Associates (December 2010) This strategy followed on from the Feasibility Study and examined the future direction of aquatic facility provision across the entire municipality by providing a mix of aquatic opportunities.

Facility Development Concepts and Business Impacts - SGL (February 2011) As part of the aquatic leisure facilities tour and given the varied opinions expressed throughout the consultation process and particularly in light of the Kangaroo Flat community preference for a 50m pool, Council officers sought an independent assessment of the proposed Aquatic Strategy from SGL Consulting Group, an internationally regarded expert in the aquatic and leisure industry.

In addition SGL Consulting Group was appointed to prepare a Business Case for both a 25m and 50m Indoor Aquatic Leisure Facility.

Report 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.

The Aquatic Facilities Strategy (2010) recommends closure of Long Gully, Golden Square and Kangaroo Flat Swimming Pools within the period for construction of a new indoor aquatic leisure centre at Kangaroo Flat. It was envisaged that the closure would occur in conjunction with the opening of a new facility. However, the last season of operation escalated the risks around the facility condition, environmental impact, operating costs, OH&S considerations and renewal costs associated with operating the Golden Square and Long Gully Swimming Pools. This report therefore proposes that the Golden Square and Long Gully Swimming Pools are decommissioned prior to the 2012/13 summer operating season.

Based on actual costs from previous budgets, Council allocated $40,327 to operate Golden Square Swimming Pool and officers estimated a cost of $40,170 to operate Long Gully Swimming Pool for the 2012/2013 summer season.

Since the preparation of the 2012/2013 budget, the City invited tenders to operate a number of swimming pools including Golden Square and Long Gully.

When the tenders closed it was assumed that Council would be able to award the contract prior to caretaker period. However, the tenders received 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 needed to implement an alternative solution for the forthcoming season and were unable to seek a council direction until now.

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This report therefore proposes that the Golden Square and Long Gully Swimming Pools are decommissioned prior to the 2012/13 summer operating season.

The existing contract has been extended until 30 June 2013 excluding provision for Golden Square and Long Gully Swimming Pools.

Should Council elect to continue their operations, a further quote will be sourced and a request made to the mid year budget review for additional operating costs.

Golden Square Swimming Pool Golden Square Swimming Pool is located off Maple Street, Golden Square adjacent Golden Square Recreation Reserve and 2.8km from the Bendigo Aquatic Centre. The facility is Crown Land delegated to the City of Greater Bendigo as the land manager.

The site is approximately 4,200 sq m and includes the following infrastructure:

50m x 15m - 5 lane outdoor swimming pool (1.07m – 1.83m deep) Learn to swim pool 19.8m x 8.2m (0.38m – 0.91m deep) directly attached to a; Toddlers Pool 8.2m x 6.1m (0.23 – 0.38m deep) Change rooms with modest kiosk facilities Plant room

During the 2011/12 summer season period (November - March) the facility recorded in the order of 1,800 visits. This visitation is very low for a facility containing this infrastructure. The low visitation can be attributed to a number factors including delayed commencement of the 2011/12 summer season due to poor water quality and insufficient water filtration rates, the lack of modern leisure components which attract users, the close proximity to Bendigo Aquatic Centre, limited operating hours (2pm - 7pm daily), poor site location and poor facility condition.

The Golden Square Swimming Pool was previously managed by a volunteer Committee of Management however in recent years the Committee wound up. Since that time Bendigo Regional YMCA has managed the facility on an annual basis.

The facility infrastructure is beyond the theoretical asset lifespan for a concrete structure based on the Australian Standard AS 3600-2009 Concrete Structures. As a result, significant investment will be required in the short to medium term if this facility is to be retained in a safe and compliant condition for a further 10 - 25 years. The cost of a short term intervention to gain compliance for the 2012-13 summer season is approximately $40,000. It is unknown whether this will be sufficient to maintain the facility for the entire season without further costs.

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 10 – 25 years additional infrastructure renewal projects will be required for compliance and safety reasons. The Technical Audit report provides a cost estimate of $885,000 for compliance works at the facility.

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Long Gully Swimming Pool This facility located in Bennett Street Long Gully is owned by the State Government and delegated to the City of Greater Bendigo as land manager since 1948. The site of approximately 2,100 square metres is within a residential neighbourhood without any opportunity for passing traffic / marketability. While the site has traditionally been utilised as a swimming pool it is not considered appropriate by modern standards and does not offer the best access and opportunity for local users.

The facility includes a small irregular sized pool of 23m x 7.6m (1.1m - 1.9m deep) and a 15m x 6.8m pool (0.15 - 0.4m deep), fenced plant area, chemical shed, store room, change rooms and kiosk.

The facility was previously managed by a Committee of Management which withdrew in November 2011. As a result the City of Greater Bendigo engaged the Bendigo YMCA to prepare and operate the facility throughout the 2011/12 summer season.

Due to the non-compliant chemical storage, dosing and delivery areas, manual dosing of chemicals to maintain water quality was required at this facility. Manual handling of swimming pool chemicals is a significant OH&S risk to the operator and an inefficient operating method. Manual dosing does not allow chemical corrections to be undertaken within the public operating hours of the facility and reduces water clarity after sustained dosing cycles.

Independent water testing at this site resulted in the water quality failing to comply with Public Health and Wellbeing Act requirements and as such the facility was closed for an extended period of time during the 2011/12 summer. Much of the plant and equipment at this facility was designed for domestic application and as a result cannot achieve the desired water turnover (filtration rates).

The Long Gully Swimming Pool was operated during the hottest period of the 2011/12 summer including the Christmas / New Year heat wave. During the period of 26 December to 27 January 56 visits were recorded at the Long Gully Swimming Pool with only 4 days when the facility was closed due to weather conditions. This equates to an average of 1.86 visits per day. A number of contributing factors could be attributed to the low attendance including the poor aesthetic nature of the facility, close proximity to the Bendigo Aquatic Centre, lack of water play features and irregular opening days due to water quality.

If the City of Greater Bendigo operates the Long Gully Swimming Pool in the 2012/13 summer season, the likely operating cost will be in the order of $40,170.

Previous Council reports (December 2010 and February 2012) outlined the intention to form a Long Gully Task Force to inform the design of a water play park in Long Gully.

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It is proposed that due to the facility condition, environmental impact, operating costs, OH&S considerations and renewal costs associated with the Long Gully Swimming Pool that the facility be decommissioned prior to the 2011/12 summer and that the Task Force be established in accordance with the attached Terms of Reference and membership.

Priority/Importance: The closure of the Golden Square and Long Gully pools is not considered lightly prior to the opening of a new facility in Kangaroo Flat and the construction of a Water Play facility in Long Gully. However, urgent works and significant funds are required in order for the facilities to be compliant. It is officer’s opinion that this is not an efficient use of council funds when these could be redirected into other council priorities.

Options/Alternatives: Should council resolve to continue pool operations at Golden Square and Long Gully for the 2012-2013 summer season, an initial estimate of $35,000 is required to achieve minimum compliance.

The preferred option is to continue working with the community, in particular the key stakeholder groups including the establishment of a Long Gully Task Force to progress a Water Play Park and relevant recreation/ community groups with a view to undertake a master planning process at the Golden Square site including the Recreation Reserve, walking track and Bowling / Croquet Club.

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Timelines: If the Long Gully and Golden Square Swimming Pools were to operate in the 2012/13 summer the season would commence 1 December 2012 and conclude Sunday 10 March 2012.

If Council resolves to decommission these facilities, site planning for the future use of the swimming pool sites will be required. Officers would also prepare a budget submission for consideration to fund the salvage, site clearing and restoration of both sites. In addition to this a budget submission would be submitted to undertake master planning at the Golden Square site including the Recreation Reserve, walking track and Bowling / Croquet Club.

Risk Analysis: If the City resolves to continue operating the Long Gully Swimming Pool, significant investment in chemical delivery, storage and dosing will be required for OH&S reasons.

In addition to this further investment in filtration, pumps and valves will be required to achieve compliant water quality.

If this facility is closed the City should progress the design and construction of a water play park at Long Gully Recreation Reserve. Failure to deliver on this commitment would result in damage to the City's credibility.

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

Consultation/Communication Internal Consultation: In May 2012 CoGB officers and a number of Councillors conducted a tour of the Golden Square and Long Gully pools along with the YMCA and aquatic advisors. The purpose of the tour was to demonstrate the poor quality of infrastructure and operational risks associated with continuing to operate the facilities.

External Consultation: Long Gully: Significant consultation with the community occurred during the process of developing the Aquatic Facilities Strategy which included closure of the Long Gully and Golden Square Swimming Pools. Details of the consultation program were outlined in the Council report of 8 February 2012.

In addition to the initial consultation two further workshops with members of the Long Gully community have been undertaken to reaffirm the desire to develop a water play park at Long Gully Recreation Reserve.

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It is proposed that a Task Force be formalised as per the existing Council resolution in accordance with the attached terms of reference. In addition to this a community engagement program has been developed to communicate and engage with the broader local community around design of a facility.

Golden Square: As part of developing 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.

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.

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 10 – 25 years additional infrastructure renewal projects will be required for compliance and safety reasons. The Technical Audit report provides a cost estimate of $885,000 for compliance works at the facility. In addition the major assets at this facility including the building structure and swimming pool tanks will also require replacement or lining. 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.

Long Gully (short and long term maintenance) The 2009 Technical Audit recommended medium and high priority reoccurring maintenance items totalling $36,000. Due to the existing resolution to close this facility, only few of these items have been undertaken on an as required basis.

If Council were to retain this facility for a further 10 – 25 years a total reconstruction of the pool tank or lining would be required. Additionally, a new plant room, chemical storage and delivery areas would be required. Cost plans for this extensive work has not been prepared at this point in time however the 2009 Technical Audit recommends a total decommissioning and replacement of this pool. For a pool of this scale, officers estimate this could cost in the vicinity of $1-$2M. 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.

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Based on actual costs from previous budgets, Council allocated $40,327 to operate Golden Square Swimming Pool and officers estimated a cost of $40,170 to operate Long Gully Swimming Pool for the 2012/2013 summer season.

Since the preparation of the 2012/2013 budget, the City invited tenders to operate a number of swimming pools including Golden Square and Long Gully.

When the tenders closed it was assumed that Council would be able to award the contract prior to caretaker period. However, the tenders received 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 needed to implement an alternative solution for the forthcoming season and were unable to seek a council direction until now.

This report therefore proposes that the Golden Square and Long Gully Swimming Pools are decommissioned prior to the 2012/13 summer operating season.

The existing contract has been extended until 30 June 2013 excluding provision for Golden Square and Long Gully Swimming Pools.

Should Council elect to continue their operations, a further quote will be sourced and a request made to the mid year budget review for additional operating costs.

Tenders will be invited early 2013 for a new contract and it is anticipated that the City will face the challenge of significantly increased contract prices.

Conclusion The Aquatic Facilities Strategy (2010) recommends closure of Long Gully, Golden Square and Kangaroo Flat Swimming Pools within the period for this new construction. It was originally anticipated that any closures would be associated nearer to the actual opening of a new facility.

However, due to the facility condition, environmental impact, operating costs, OH&S considerations and renewal costs associated with operating the Golden Square and Long Gully Swimming Pools, this report proposes that the Golden Square and Long Gully Swimming Pools are decommissioned prior to the 2012/13 summer operating season and that a Task Force be established to assist in the design of a Water Play Park at Long Gully Recreation Reserve. Council may also wish to consider whether there is capacity to fast track the progression of the proposed aquatic facility in light of these closures.

Attachments 1.

Draft Terms of Reference – Long Gully Aquatic Facility Design Taskforce

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RECOMMENDATION 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 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 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.

RESOLUTION Moved Cr Campbell, Seconded Cr Cox. That the recommendation be adopted.

CARRIED UNANIMOUSLY

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5.

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OUR PEOPLE, OUR PROCESSES

5.1 ACCOUNTS PAYABLE AND CONTRACTS AWARDED UNDER DELEGATION Document Information Author

Janet Worthington, Accounts Payable Officer Leeanne Taig, Administration Assistant, Contract and Project Coordination

Responsible Director

Marg Allan, Director Organisation Support

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

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

Report Cheque Nos.

155280

to

155494

$409,459.63

Electronic Funds Transfer

089253

to

090127

$8,630,252.13

The pre-payments as listed above totalling $409,459.63 and Electronic Funds Transfer $8,630,252.13 are submitted for the information of Council.

Contracts Awarded under Delegation The following contracts subject to public tender, have been issued under delegation by the officer as listed (Instrument of Delegation - August 5, 2009):

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Contract No 2537

2572

Project Traffic Management Services

Provision of Maternal and Child Health Service – Heathcote Area

Ordinary Meeting - 14 November 2012

Successful Contractor 1. VORM Traffic Management &

Value (GST Excl)

Delegated Officer

Schedule Rates

of

2. Traffic Australia

Schedule Rates

of

Heathcote Health

46,640.00

Craig Niemann

Date Signed 9 October 2012

Craig Niemann

25 September 2012

Pauline Gordon

10 October 2012

Attachments 1.

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

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

RESOLUTION Moved Cr Cox, Seconded Cr Fyffe.

That the recommendations for items 5.1 and 5.2 be adopted.

CARRIED

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5.2 RECORD OF ASSEMBLIES Document Information Author

Peter Davies, Manager Executive Services

Responsible Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.

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

Background Information The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed.

A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1.

2.

A planned or scheduled meeting that includes at least half the Councillors (5) and a member of Council staff; or an advisory committee of the Council where one or more Councillors are present.

The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information Natural Environment Advisory Committee September 18, 2012 1. Confirmation of previous minutes 2. Biolink Update 3. Waste and Resources Management Strategy - Background Paper 4. Big Hill and Mandurang Valley Landscape Assessment Project 5. Environmental Sustainability Grants - Round One Application Assessments 6. Review of Native Vegetation Framework 7. Thank you to Cr Reynard Attendees/Apologies Cr Keith Reynard Anthony Sheean Robyn Major Breanne Boyd Murray Rankin Wendy Radford David Conley Dennis Berlowitz Lydia Fehring

Conflict of Interest disclosures Matter Councillor/representative making Councillor/representative No. disclosure left meeting 4 (1) Lydia Fehring Yes

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information Farming Consultative Committee September 25, 2012 1. Overview of road management in rural areas 2. Draft Terms of Reference for the Farming Consultative Committee 3. Confirmation of Minutes 4. Rural Men's Shed update 5. Planning application - construction of dwelling at Redcastle Attendees/Apologies Cr Rod Campbell Cr Bruce Phillips Mrs Alison Campbell Darren Fuzzard Jenny Pendlebury Debbie Thewlis Rowland McKinnon Roger Trewick Harry Holmberg James Williams Apologies: Jim Long Brian Stephens Nick Byrne

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information Governance Meeting September 26, 2012 1. Minutes of Previous Meeting 2. Christmas Office closing arrangements 3. Annual Report to the Community 4. Review of the Council Term 5. Councillor Expenses for the Fourth Quarter Ending June 30, 2012 6. CEO Performance Survey and Performance Plan 7. Project Bulletin - Health and Wellbeing Plan 8. Young Citizen of the Year 9. Prayer at Council Meetings Attendees/Apologies Cr Alec Sandner Cr Rod Fyffe Cr Rod Campbell Cr Peter Cox Cr Barry Lyons Cr James Reade Cr Keith Reynard Cr Lisa Ruffell Mrs Alison Campbell Apology: Cr Bruce Phillips Craig Niemann Peter Davies

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

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Meeting Name/Type Meeting Date Matters discussed

Ordinary Meeting - 14 November 2012

Meeting Information Councillors' Forum

October 10, 2012 1. Planning matters and draft Ordinary Meeting agenda review 2. Fire Services Levy 3. Sale of cars 4. Annual Report 5. Pedestrian crossing 6. Catering contract 7. Dr Harry Little Kindergarten - traffic management 8. Street lighting in Elmore 9. Grass slashing 10. Marong Kindergarten 11. Former kindergarten / potential community house 12. Strathfieldsaye supermarket traffic management 13. Street lighting in back streets of Heathcote 14. Australian Cable Reel Company 15. Tennis courts at Marong 16. Marong Industrial Park 17. Wellsford Forest 18. JB Osborne Theatre 19. Defined Benefits Forum 20. Presentation to the Mayor and Retiring Councillors 21. CEO Performance Plan Attendees/Apologies Councillors Cr Alec Sandner Cr Rod Fyffe Cr Rod Campbell Cr Peter Cox Cr Barry Lyons Cr Bruce Phillips Cr James Reade Cr Keith Reynard Cr Lisa Ruffell Mrs Alison Campbell Staff/ Craig Niemann Community Pauline Gordon Representatives Stan Liacos Marg Allan Prue Mansfield Peter Davies Apology: Darren Fuzzard Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. 1.

Cr Reynard Yes (3.5) PAGE 161

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information Heritage Advisory Committee October 18, 2012 1. HAC Terms of Reference 2. HAC Presentation to Council (March 2013) 3. Sandhurst boundary stones 4. Planning update - applications for demolition 5. Heritage Restoration Loan Applications 6. Amendments 7. Heritage Advisor's report 8. Strategy update 9. Sale of Fortuna Village 10. Cast Iron Collection 11. Restoring our Heritage Attendees/Apologies Cr Peter Cox Emma Bryant Dannielle Orr Helen Ashby David Bannear Laurie Brown Elaine Doling Peter Ellis Jordan Grenfell Di Smith Rod Spitty Norm Stimson Apologies: Kay MacGregor David Mulqueen

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information Review of the Council Term October 24, 2012 1. Review of the Council Term Attendees/Apologies Cr Alec Sandner Cr Rod Fyffe Cr Rod Campbell Cr Peter Cox Cr Barry Lyons Cr Bruce Phillips Cr James Reade Cr Keith Reynard Cr Lisa Ruffell Mrs Alison Campbell Craig Niemann Pauline Gordon Stan Liacos Marg Allan Prue Mansfield Darren Fuzzard Peter Davies Andrew Hollo - facilitator

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information Heritage Advisory Committee October 29, 2012 1. Greater Shepparton Heritage Advisory Committee visit Attendees/Apologies Cr-Elect Peter Cox Emma Bryant Dannielle Orr Helen Ashby Elaine Doling Peter Ellis Kay MacGregor Greater Shepparton Heritage Advisory Committee Bruce Wilson – Chair Marlene Atkinson Barry Campbell Marjorie Earl Warwick Finlay Val Hill Deborah Kemp (CoGS) Michael MacDonagh (CoGS) Geoff Maynard Neil Penney Anne Tyson Brian Williams Apologies David Bannear Laurie Brown Jordan Grenfell David Mulqueen Di Smith Rod Spitty Norm Stimson Darren Wright

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information Preliminary Transition Meeting with Councillors-Elect October 29, 2012 General briefing on forthcoming meetings and commitments Attendees/Apologies Cr-Elect Rod Campbell Cr-Elect Peter Cox Cr-Elect Elise Chapman Cr-Elect Rod Fyffe Cr-Elect Helen Leach Cr-Elect Barry Lyons Cr-Elect Lisa Ruffell Cr-Elect Mark Weragoda Cr-Elect James Williams Mrs Alison Campbell Craig Niemann Peter Davies

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information First Transition Meeting with Councillors-Elect October 30, 2012 1. Introduction 2. Outline of six month transition program 3. 'Setting the Scene' 4. Role of Mayor 5. Role of the CEO 6. Role of Councillor 7. Contact from residents 8. Insurance coverage for Councillors 9. Victorian Charter of Human Rights and Responsibilities 10. Process for the Election of the Mayor 11. Management of Ward responsibilities 12. Councillor training and development Attendees/Apologies Cr-Elect Rod Campbell Cr-Elect Peter Cox Cr-Elect Elise Chapman Cr-Elect Rod Fyffe Cr-Elect Helen Leach Cr-Elect Barry Lyons Cr-Elect Lisa Ruffell Cr-Elect Mark Weragoda Cr-Elect James Williams Mrs Alison Campbell Craig Niemann Marg Allan Darren Fuzzard Pauline Gordon Stan Liacos Prue Mansfield Peter Davies

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 14 November 2012

Meeting Information Second Transition Meeting with Councillors-Elect November 1, 2012 1. Local Government Act 1989 2. Council Meetings and meeting cycle: Forums, Committee Meetings, Ordinary Council Meetings 3. Meeting Procedure 4. Councillor access to Council information 5. Media/communications 6. Weekly Councillors' Bulletin 7. Election of the Mayor 8. Review of the agenda for the Special Meeting November 5 Attendees/Apologies Cr-Elect Rod Campbell Cr-Elect Peter Cox Cr-Elect Elise Chapman Cr-Elect Rod Fyffe Cr-Elect Helen Leach Cr-Elect Barry Lyons Cr-Elect Lisa Ruffell Cr-Elect Mark Weragoda Cr-Elect James Williams Mrs Alison Campbell Craig Niemann Marg Allan Darren Fuzzard Pauline Gordon Stan Liacos Prue Mansfield Peter Davies

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

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

(refer to resolution on page 156

- recommendation adopted)

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5.3 MAJOR CAPITAL WORKS BUDGET SUBMISSION POLICY Document Information Author

Richard Morrison, Manager Contract & Project Coordination

Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose The Major Capital Works Budget Submission Policy has been prepared in response to Council’s resolution of 13 June 2012.

Policy Context Council Plan 2009/13 (Updated 2012) 4.5 Demonstrate strong corporate governance.

4.5.3 Implement improvements to capital works delivery.

4.6 Strengthen project management capacity, planning and delivery.

4.6.2 Focus on improved project management methodology, including preparation of a business case prior to funding capital projects and demonstrated community need (best value reporting requirements).

Background Information CoGB is committed to continuous improvement. This policy stems from and helps support the organisation's efforts to improve its delivery of capital works. For a summary of these efforts, see the Officer Comment in response to the Notice of Motion 7.1, Council Meeting Minutes, 13 June 2012.

Previous Council Decision(s) Date(s): 13 June 2012.- Resolution to develop a Major Projects Policy.

Report Providing sufficient, quality information is a key requirement to assist in the capital works budget decision making process. One of the core components of this information is a detailed understanding of all costs associated with the project. This is required to provide confidence that the project has been sufficiently scoped and planned prior to making a significant and long term financial commitment.

The Victorian Auditor-General’s September 2011 report “Business Planning for Major Capital Works and Recurrent Services in Local Government” states: PAGE 168

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“Councils therefore are custodians of significant public funds, and it is important that the public has assurance that this expenditure is effectively planned, budgeted and managed so that it meets community needs both now and into the future.”

In addition, one of the key recommendations by the Auditor-General was: “3. Councils should: • develop business cases for proposed investments in major capital works to demonstrate they are soundly based and that they support the achievement of the council’s service delivery objectives.”

The CoGB is well placed to meet this recommendation. The Contract and Project Coordination Unit (CPCU) introduced the requirement of a business case into the annual capital works budgeting process two years ago for the 2011/12 budget year, and an updated business case process was utilised in the 2012/13 capital works budget process.

The adoption of the Major Capital Works Budget Submission Policy will cement the requirement of a business case for future capital works budgeting processes, and provide direction on the level and quality of financial information needed to make sound budget decisions.

Priority/Importance: This policy gains primary importance when any consideration of expenditure on major capital works is required. This is usually during the annual budget preparation process.

However, it equally applies to major capital works investment opportunities that may arise during a financial year.

Options/Alternatives: The main alternative would be to continue without such a policy. However, through its 13 June 2012 resolution, Council has indicated its intention to formally establish a standard requirement for a business case containing detailed financial information as part of the annual capital works budgeting process.

Timelines: The policy will come into effect as soon as adopted.

Risk Analysis: There is minimal inherent risk in this policy and it is, instead, a key financial risk mitigation tool for major capital projects. Detailed financial planning, including all associated project works, will reduce the risk of projects going over budget and the risk of incurring future costs that should have been anticipated at the budget approval stage.

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Consultation/Communication Internal Consultation: This policy has been reviewed by the Director Organisation Support, Manager Finance and it has been circulated to the Executive Management Team.

Resource Implications While the requirements of this policy do increase the level of information required to be prepared for a capital works budget submission, it is not considered sufficient to require any additional resources. Officers are already required to complete a business case for capital works budget submissions, with this policy giving further direction as to the level of detail and quality required.

Conclusion To support good decision making, sufficient, quality information is required. The Major Capital Works Budget Submission Policy provides direction to improve the standard of information received in the capital works budget process and should therefore assist in obtaining better outcomes for the community from CoGB capital investments.

Attachments 1.

2.

3.

Major Capital Works Budget Submission Policy CapEx Business Case Guide CapEx Business Case Template

Recommendation That the Greater Bendigo City Council adopts the Major Capital Works Budget Submission Policy as submitted.

RESOLUTION Moved Cr Cox, Seconded Cr Campbell.

That the recommendation be adopted.

CARRIED

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Major Capital Works Budget Submission Policy

Approval Date:

November 2012

Review Date:

November 2014

Author:

Richard Morrison

Responsible Director:

Marg Allan

1.

PURPOSE

The purpose of this policy is to ensure that: • • • • • 2.

Major capital works investment decisions are based on sound community, business and financial planning information that aligns project outcomes with Councils strategic objectives and resources.

All direct and consequential expenditure is presented so that Council is aware of the total investment required when making a decision a project proposal.

All funding sources are clearly identified and are available to support the project’s implementation.

Sufficient funds have been budgeted to complete the current phase or hold point including clearly identifying the remaining total funding requirements of multi stage and/or multi financial year projects.

The anticipated benefits and savings are assessed against the estimated costs to determine whether the outcomes justify the investment required.

BACKGROUND

Undertaking responsible financial management and business planning practices to ensure long term sustainability is a key strategy in the Council Plan (4.1 2009-2013). It is crucial to consider this strategy when preparing a budget submission for a major capital works project.

Consideration must be given to the project in its entirety, including any consequential or future works that may be required. The project’s budget estimate should also include all revenue (external funding or operational income) and the operational costs associated with the proposed investment.

3.

SCOPE

This policy relates to all budget proposals for all major capital projects (single projects not programs) with a value of 3 million dollars or more. This includes proposals for: • New projects • Additional funding for the next stage of existing projects • Expansions and Upgrades to existing buildings, facilities and infrastructure

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4.

Ordinary Meeting - 14 November 2012

PRINCIPLES

To support good decision making, sufficient, quality information is required. The Major Capital Works Budget Submission Policy provides direction to improve the standard of information received in the capital works budget process and should therefore assist in obtaining better outcomes for the community from CoGB capital investments.

5.

REFERENCES

Council Plan 2009/13 (Updated 2012) 4.5

Demonstrate strong corporate governance.

4.5.3 Implement improvements to capital works delivery.

4.6

Strengthen project management capacity, planning and delivery.

4.6.2 Focus on improved project management methodology, including preparation of a business case prior to funding capital projects and demonstrated community need (best value reporting requirements).

6.

DEFINITIONS 6.1

Total Project Cost

The Total Project Cost (TPC) is the final project figure that will reflect the cost of implementing the project in its entirety (including across multiple financial years). The TPC includes but is not limited to: • • • • • • • • • • • • • • • • • • • • • •

Project management Designs Surveys/Reports Communications/Consultation Permits Legal fees Land acquisitions Borrowing costs Demolition/disposal Construction Civil Infrastructure (roads, footpaths, drainage, kerb and channel etc) Signage Streetscapes Car parks Lighting/Security Fit out Fencing Utilities connection/Service Relocation Landscaping Irrigation Playing surfaces Reinstatement works

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• 6.2

Ordinary Meeting - 14 November 2012

Any other costs associated with the project’s implementation Total Operating Cost

The completion or purchase of an additional asset usually generates additional and ongoing operational costs on an annual basis. The annual amount to operate and maintain the new asset is called the Total Operating Cost (TOC). The TOC includes, but is not limited to: • • • • • • • • 6.3

Increased Staff Maintenance Cleaning Utilities Registrations / Fees Insurance Fuel Depreciation Total Cost of Ownership

The Total Cost of Ownership (TCO) considers both the capital and operational cost of the project (TPC and TOC). The TCO is considered as the cost of the asset or acquisition over its entire life cycle or useful life.

7.

POLICY

All major capital project budget submissions must have a supporting business case to ensure the project: • • •

Is in the best interest of the community Can be assessed on its merits Can be prioritised against existing strategies, master-plans and proposals.

The business case is utilised to analyse and assess the project’s options and provide an overview of the expected benefits. Through this analysis, the TPC, TOC and TCO should be identified and any potential savings or benefits highlighted. The analysis is also expected to outline all of the project’s components and those consequential works which may be budgeted separately and undertaken over several financial years.

8.

PROCEDURES

All procedures associated with this policy are contained within the attached CapEx Business Case Guidelines and CapEx Business Case Template documents.

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5.4 COMPARATIVE STATEMENT OF BUDGETED AND ACTUAL REVENUE AND EXPENDITURE AS AT 30 SEPTEMBER 2012 Document Information Author

Bradley Thomas, Senior Management Accountant

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose To provide Council with a statement comparing budgeted and actual revenue and expenses for the financial year to date as required by the Local Government Act. Policy Context Council Plan 2009-2013 (2012) states: 4.1 Undertake 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 (three) 3 months, the Chief Executive Officer must ensure that a statement comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date is presented to the Council at a Council meeting which is open to the public.

Report An operating statement providing a comparison between budgeted and actual revenue and expenses in relation to each of Council’s service units is attached for the first three (3) month period of the current financial year which ended on 30 September 2012.

City of Greater Bendigo's (CoGB) operating result for the first quarter of the financial year is $1,181,822 favourable to budget as at 30 September 2012 (less than 2%). The operating result includes all revenues and expenses, excluding Capital Works payments and debts payments.

The favourable operating result includes the following: •

The Grants Commission budgets are unfavourable by $239,952.

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o This grant is made up of three components; General Purpose Grants, Local Roads Funding and Natural Disasters. o The annual contribution is approximately $14.5M, (General Purpose $11.5 and Local Roads $3M). The grant is paid in a lump sum by the Federal Government to the Victorian Grants Commission (VGC) which allocates the grants to Councils after applying a distribution formula, which includes an amount for population growth. o CoGB’s annual contribution is usually received in four equal quarterly amounts, however late in the 2011/12 financial year 50% of the 2012/13 contribution was paid to Councils and subsequently required accounting for in 2011/12. o As a result of the recent Census, a lower than expected allocation from the VGC is being received in 2012/13. The 2012/13 budget of $7,483,670 will not be received and the revised amount of $6,568,864 has been advised by the VGC. •

Presentation & Works Unit (formerly Bencon), CoGB’s internal infrastructure construction and maintenance unit, is $658,410 unfavourable. This is due to the timing of internal revenue being recognised. Internal invoices have since been raised in October recognising the revenue for this unit.

•

Savings of $589,321 as a result of early payment of the Defined Benefits Superannuation Call. o In the 2011/12 Council was informed that its share of a shortfall for the fund would be $10,311,974. o This payment was due for payment by the 1st July 2013, however as notice of the call was received in the 2011/12 financial year the full $10.3M was required to be accounted for in 2011/12. o Vision Super offered an ability to pay the call early, at a reduced rate. The option to pay early and receive a revised payment amount was approved

by Council and subsequently a payment was made of $9,722,653. The early repayment resulted in a saving of $589,321. Payment was made in September 2012 and the saving is included in the 2012/13 financial year.

• Proceeds of land sales of $1,449,880 are favourable, this favourable variance relates to delayed settlements from the 2011/12 financial year. These funds relate to the sale of Uley Street car park for the purpose of construction of an Ambulance Station, and Atkins Street land where a multi unit residential development is being constructed related to the Bendigo Hospital Redevelopment.

Council’s Rate Result was favourable by $3,911,566 to budget for the first quarter of the financial year ended 30 September 2012. To calculate the Rate Result various cash and non cash items are either subtracted or added to the Operating Result to obtain the Rate Result, items include depreciation, reserve transfers, capital expenditure and loan proceeds and payments.

The following items contribute to the favourable Rate Result at 30 September 2012: • Favourable Net Transfers to Reserves of $2,485,706, as a result of the land sale proceeds received.

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• Under expenditure in capital works of $6,153,775, this is attributable partially to the Bencon internal invoicing delay. Capital works expenditure is expected to increase during the financial year to $56,700,000 for the 2012/13 financial year.

Conclusion Statements are provided for reporting purposes.

Attachments 1.

Comparative Statement

RECOMMENDATION That the Greater Bendigo City Council: Receives and notes the Statement comparing Budgeted and Actual Revenues and Expenses to 30 September 2012 in accordance with the requirements of the Local Government Act and the explanation of variances.

RESOLUTION Moved Cr Williams, Seconded Cr Fyffe.

That the recommendation be adopted.

CARRIED

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Council Comparative Statement For the Period Ending September 2012

Annual Budget

Rate Revenue

YTD Budget

YTD Variance

YTD Actual

Revenue

Expenditure

Net (Unfav)

Revenue

Expenditure

Net (Unfav)

Revenue

Exp Incl Del

Net (Unfav)

Net (Unfav)

$

$

$

$

$

$

$

$

$

$

% Variance

79,367,038

0

79,367,038

79,367,038

0

79,367,038

79,250,129

0

79,250,129

(116,909)

(0%)

79,367,038

0

79,367,038

79,367,038

0

79,367,038

79,250,129

0

79,250,129

(116,909)

(0%)

5,987,291

0

5,987,291

1,496,823

0

1,496,823

1,286,868

0

1,286,868

(209,955)

(14%)

5,987,291

0

5,987,291

1,496,823

0

1,496,823

1,286,868

0

1,286,868

(209,955)

(14%)

120,000

645,554

(525,554)

(0)

326,846

(326,846)

4,865

330,758

(325,893)

953

0%

98,200

1,002,980

(904,780)

(0)

201,421

(201,421)

255

214,545

(214,290)

(12,869)

(6%)

Communications

(0)

649,303

(649,303)

(0)

164,064

(164,064)

(0)

145,014

(145,014)

19,051

12%

Internal Audit

(0)

49,750

(49,750)

(0)

12,438

(12,438)

(0)

2,250

(2,250)

10,188

82%

218,200

2,347,587

(2,129,387)

(0)

704,769

(704,769)

5,120

692,567

(687,447)

17,322

2%

5,500

378,892

(373,392)

1,375

96,350

(94,975)

985

118,917

(117,932)

(22,957)

(24%)

Finance Operations

1,472,517

3,411,533

(1,939,016)

376,167

826,630

(450,463)

390,499

345,416

45,083

495,546

110%

People and Learning

Total Rate Revenue Grants Commission Total Grants Commission Governance Council

Total Executive Organisation Support Corporate

1,833,767

2,792,345

(958,578)

479,093

850,427

(371,334)

497,481

954,268

(456,787)

(85,453)

(23%)

Rates/Revenue Collection

357,550

1,356,161

(998,611)

70,100

376,951

(306,851)

63,648

373,184

(309,536)

(2,686)

(1%)

Valuations

517,596

839,903

(322,307)

471,345

211,247

260,098

465,095

166,420

298,675

38,577

15%

2,726,238

3,133,211

(406,973)

681,559

1,071,537

(389,977)

679,820

960,118

(280,299)

109,679

28%

5,000

740,921

(735,921)

1,250

198,723

(197,473)

1,316

189,540

(188,224)

9,249

5%

Information Management Contract & Project Coordination Treasury and Tax Equivalents

3,229,700

1,149,812

2,079,888

687,565

265,822

421,743

631,460

228,438

403,023

(18,720)

(4%)

Developer Levies

1,175,000

0

1,175,000

293,750

0

293,750

481,077

0

481,077

187,327

64%

(0)

2,459,424

(2,459,424)

(0)

614,857

(614,857)

(0)

614,357

(614,357)

500

0%

11,322,868

16,262,202

(4,939,334)

3,062,205

4,512,544

(1,450,339)

3,211,380

3,950,659

(739,278)

711,061

49%

3,600

380,133

(376,533)

900

94,425

(93,525)

1,520

91,610

(90,090)

3,435

4%

Library Services Total Organisation Support Director Planning & Development Planning

730,330

2,941,596

(2,211,266)

179,083

740,217

(561,135)

182,638

690,254

(507,616)

53,518

10%

Building and Property Services

2,331,443

6,828,753

(4,497,310)

532,859

2,112,860

(1,580,002)

612,710

2,112,096

(1,499,386)

80,616

5%

Parking & Animal Control

5,729,780

3,459,052

2,270,728

1,380,440

853,416

527,024

1,214,765

847,844

366,921

(160,103)

(30%)

Environmental Health & Local Laws

957,154

1,799,036

(841,882)

198,133

402,284

(204,152)

220,485

402,794

(182,309)

21,843

11%

Strategy Unit

610,000

2,492,172

(1,882,172)

145,000

649,565

(504,565)

95,099

424,896

(329,797)

174,768

35%

10,362,307

17,900,742

(7,538,435)

2,436,414

4,852,767

(2,416,354)

2,327,216

4,569,494

(2,242,277)

174,076

7%

(0)

383,181

(383,181)

(0)

97,655

(97,655)

1,525

91,014

(89,489)

8,165

8%

725,439

1,433,795

(708,356)

181,360

360,080

(178,721)

178,895

374,772

(195,877)

(17,156)

(10%)

8,809,793

10,298,231

(1,488,438)

2,202,448

2,568,419

(365,971)

2,108,998

2,437,175

(328,177)

37,794

10%

Total Planning & Development Director Community Well Being Customer Services Aged/Disability Services Children and Family Services

4,956,769

7,390,847

(2,434,077)

1,207,434

1,842,945

(635,511)

1,213,293

1,859,405

(646,112)

(10,601)

(2%)

Recreation

443,968

3,377,638

(2,933,670)

70,731

852,235

(781,505)

67,587

795,976

(728,389)

53,116

7%

Community & Cultural Development

431,501

2,881,295

(2,449,794)

174,200

868,880

(694,680)

304,943

624,257

(319,314)

375,366

54%

Healthy Communities

991,407

991,296

111

247,852

244,675

3,177

249,917

207,431

42,485

39,308

1237%

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Total Community Well Being

Ordinary Meeting - 14 November 2012

16,358,877

26,756,282

(10,397,405)

4,084,025

6,834,889

(2,750,864)

4,125,157

6,390,030

(2,264,872)

485,992

18%

2,500

371,115

(368,615)

625

97,408

(96,783)

81

86,390

(86,309)

10,474

11%

(0)

371,058

(371,058)

(0)

98,383

(98,383)

15,000

112,012

(97,012)

1,371

1%

Tourism & Visitor Services

810,800

3,169,019

(2,358,219)

109,121

732,215

(623,093)

93,624

754,359

(660,735)

(37,642)

(6%)

Major Events

238,800

1,386,332

(1,147,532)

60,875

313,474

(252,599)

11,889

251,029

(239,140)

13,459

5%

Director City Futures Special Projects Group

Economic Development The Capital Bendigo Art Gallery Total City Futures Director Presentation & Asset Mgmt

260,033

1,619,030

(1,358,997)

97,500

440,275

(342,775)

64,276

372,785

(308,509)

34,266

10%

2,276,089

3,599,730

(1,323,641)

668,163

959,150

(290,987)

434,552

874,517

(439,965)

(148,978)

(51%)

534,650

2,430,930

(1,896,280)

182,663

623,698

(441,035)

55,830

607,362

(551,532)

(110,497)

(25%)

4,122,872

12,947,215

(8,824,342)

1,118,947

3,264,602

(2,145,655)

675,251

3,058,453

(2,383,201)

(237,546)

(11%)

2,000

21,875,946

(21,873,946)

500

5,472,743

(5,472,243)

45

5,277,328

(5,277,283)

194,960

4%

Environmental Sustainability

150,000

1,138,657

(988,657)

80,000

331,018

(251,018)

30

237,339

(237,309)

13,708

5%

Asset Planning & Design Services

416,000

3,299,659

(2,883,659)

104,000

829,258

(725,258)

70,315

870,034

(799,719)

(74,461)

(10%)

Roads & Drains

1,541,379

1,528,974

12,405

385,345

518,974

(133,629)

355,348

536,019

(180,671)

(47,042)

(35%)

Bencon

6,150,025

15,619,776

(9,469,751)

1,537,506

3,984,727

(2,447,220)

950,413

4,056,044

(3,105,631)

(658,410)

(27%)

Parks

174,336

7,948,962

(7,774,626)

52,094

2,108,133

(2,056,039)

28,042

2,058,480

(2,030,438)

25,601

1%

Livestock Exchange

997,682

1,133,820

(136,138)

275,671

290,742

(15,072)

265,705

234,926

30,778

45,850

304%

Waste Management

6,017,185

15,646,865

(9,629,680)

1,504,296

4,056,021

(2,551,725)

1,467,185

4,101,295

(2,634,110)

(82,386)

(3%)

15,448,607

68,192,660

(52,744,053)

3,939,412

17,591,616

(13,652,204)

3,137,083

17,371,466

(14,234,383)

(582,179)

(4%)

(0)

0

(0)

(0)

0

(0)

(5,189)

(711,779)

706,590

706,590

100%

143,188,060

144,406,687

(1,218,627)

95,504,862

37,761,187

57,743,675

94,013,016

35,320,889

58,692,127

948,451

147%

Major Projects - VicRoads - Expense

(0)

0

(0)

(0)

0

(0)

(0)

0

(0)

(0)

0%

Major Projects - VicRoads - Revenue

(0)

0

(0)

(0)

0

(0)

(0)

0

(0)

(0)

0%

Total Presentation & Asset Mgmt Oncosts Recovery/Unallocated Amounts Total (Surplus)/Deficit All Services

Major Projects - Council Works - Expense

(0)

2,080,000

(2,080,000)

(0)

519,999

(519,999)

200,617

1,113,328

(912,711)

(392,712)

(76%)

Major Projects - Council Works - Revenue

2,100,000

0

2,100,000

525,000

0

525,000

72,224

0

72,224

(452,776)

(86%)

2,100,000

2,080,000

20,000

525,000

519,999

5,001

272,841

1,113,328

(840,487)

(845,488)

(16906%)

Grants Capital - State Govt

8,294,633

0

8,294,633

3,812,410

0

3,812,410

3,775,364

0

3,775,364

(37,046)

(1%)

Grants Capital - Commonwealth Govt

1,350,000

0

1,350,000

337,500

0

337,500

(0)

0

(0)

(337,500)

(100%)

Contributions to Council Works

2,980,490

0

2,980,490

745,125

0

745,125

806,228

0

806,228

61,103

8%

12,625,123

0

12,625,123

4,895,035

0

4,895,035

4,581,592

0

4,581,592

(313,443)

(6%)

902,000

0

902,000

225,500

0

225,500

75,081

0

75,081

(150,419)

(67%)

(0)

902,000

(902,000)

(0)

225,500

(225,500)

(0)

132,660

(132,660)

92,841

41%

Total Major Works

Income Associated with CAPEX Asset Proceeds Plant and Fleet Disposal Cost Plant & Equipment Assets Sold Proceeds Land & Building Disposals Cost Land & Building Assets Sold Total Proceeds/Cost of Assets Sold Assets Donated/Brought to Account

2,805,000

0

2,805,000

701,250

0

701,250

1,449,880

0

1,449,880

748,630

107%

(0)

2,805,000

(2,805,000)

(0)

701,250

(701,250)

(0)

0

(0)

701,250

100%

3,707,000

3,707,000

(0)

926,750

926,750

(0)

1,524,961

132,660

1,392,301

1,392,301

100%

5,870,000

0

5,870,000

(0)

0

(0)

(0)

0

(0)

(0)

0%

Impairment Gains

(0)

0

(0)

(0)

0

(0)

(0)

0

(0)

(0)

0%

Impairment Losses

(0)

0

(0)

(0)

0

(0)

(0)

0

(0)

(0)

0%

500,000

0

500,000

(0)

0

(0)

(0)

0

(0)

(0)

0%

Assets Written Off

(0)

3,000,000

(3,000,000)

(0)

0

(0)

(0)

0

(0)

(0)

0%

Gain on Revaluation

(0)

0

(0)

(0)

0

(0)

(0)

0

(0)

(0)

0%

Library Investment Movement

PAGE 178

Our People, Our Processes - Reports

Increase in Market Value of Assets

Ordinary Meeting - 14 November 2012

0

(0)

(0)

0%

(0)

(0) 0

0

(0)

(0)

0%

0

(0)

0

0

(0)

(0)

0%

101,851,647

39,207,936

62,643,711

100,392,410

36,566,877

63,825,533

1,181,822

2%

27,717,004

(0)

(6,927,748)

6,927,748

(0)

(6,853,846)

6,853,846

(73,902)

(1%)

(3,707,000)

3,707,000

0

(926,750)

926,750

0

(132,660)

132,660

(794,091)

(86%)

(0)

(3,000,000)

3,000,000

(0)

0

(0)

(0)

0

(0)

(0)

0%

(0)

25,000

25,000

(0)

(0)

(0)

(0)

0

(0)

(0)

0%

(5,870,000)

(0)

(5,870,000)

(0)

(0)

(0)

(0)

0

(0)

(0)

0%

(500,000)

0

(500,000)

(0)

0

(0)

(0)

0

(0)

(0)

0%

Remove Redundancy Provision

(0)

0

(0)

(0)

0

(0)

(0)

0

(0)

(0)

0%

Remove Sick Leave Provision

(0)

0

(0)

(0)

0

(0)

(0)

0

(0)

(0)

0%

0 0

(0)

(25,000)

(0) 0

0

(0)

0

167,990,183

153,218,687

14,771,496

Depreciation

(0)

(27,717,004)

Remove Cost Assets Sold

(0)

Remove Cost Assets WO Remove Valuation Movements

Loss on Revaluation Decrease in Market Value of Assets Operating Result Surplus/(Deficit)

(0) 0

0 25,000

0

(0)

Adjustments to Obtain Rate Result

Remove Assets Donated/Brought to Acc Remove Library Investment Movement

Capital Expenditure

(0)

51,533,169

(51,533,169)

(0)

11,692,024

(11,692,024)

(0)

5,538,248

(5,538,248)

6,153,775

53%

610,000

0

610,000

152,499

0

152,499

(0)

0

(0)

(152,499)

(100%)

Transfers to Reserves

(0)

7,930,235

(7,930,235)

(0)

293,750

(293,750)

(0)

2,626,957

(2,626,957)

(2,333,207)

(794%)

Loan Principal Repaid by Council

(0)

2,140,537

(2,140,537)

(0)

556,208

(556,208)

(0)

656,580

(656,580)

(100,371)

(18%)

11,300,000

0

11,300,000

(0)

0

(0)

(0)

0

(0)

(0)

0%

Loan Funds Provided (Heritage)

(0)

75,000

(75,000)

(0)

18,750

(18,750)

(0)

0

(0)

18,750

100%

Loan Funds Received (Heritage)

46,734

0

46,734

11,799

0

11,799

13,088

0

13,088

1,289

11%

Loan Funds Provided (Comm Orgs)

(0)

40,000

(40,000)

(0)

10,000

(10,000)

(0)

0

(0)

10,000

100%

Loan Funds Received (Comm Orgs)

84,630

0

84,630

21,443

0

21,443

21,443

0

21,443

0

0%

173,661,547

180,488,624

(6,827,077)

102,037,388

43,924,170

58,113,218

100,426,942

38,402,157

62,024,785

3,911,566

7%

Transfers from Reserves

Loan Principal Received by Council

Rates Surplus/(Deficit)

PAGE 179

Ordinary Meeting - 14 November 2012

6.

URGENT BUSINESS

Nil. 7.

NOTICES OF MOTION

Nil. 8.

COUNCILLORS' REPORTS

Cr Fyffe reported on his attendance at the 10th birthday celebrations of the Bendigo Volunteer Resource Centre; the success of the Fun Run to raise funds for the Bendigo Hospital and attendance at the Kangaroo Flat expo.

Cr Campbell reported on his attendance at the celebrations of 150 years of rail; attendance at the Axe Creek Fire Brigade Centenary; attendance at the Annual General Meeting of the Bendigo Neighbourhood House; attendance at the Bendigo Art Gallery Foundation function; attendance at the Big Hill Mandurang Landscape Assessment meeting; attendance at a meeting of Heathcote Health; attendance at the Remembrance Day Service at Heathcote; attendance at the 10th birthday celebrations of the Bendigo Volunteer Resource Centre; attendance of the Environmental Review Committee for Fosterville Gold.

Cr Lyons reported on his attendance at the Inventors' Awards meeting; attendance at the Bendigo Tourism Board meeting; attendance at the Waste and Resource Management Advisory Committee meeting; attendance at the launch of MOvember; attendance at a proposed regarding the proposed aquatic facility at Kangaroo Flat; attendance at a Finance Committee meeting; attendance at the Remembrance Day service at Kangaroo Flat.

Cr Cox reported on his attendance at a meeting regarding motorcycle riders in Lester Street; attendance at a meeting of the Sebastian community; attendance at an Eaglehawk Cultural and Arts event; attendance of a meeting of the recently returned working group from Maubisse and Cr Cox presented a gift from a recent visit from the Greater Shepparton Heritage Advisory Committee to Council.

Cr Chapman reported on her involvement in the Bendigo Bank Fun Run Hospital Fundraiser as a scrutineer; attendance at the Bendigo Tennis Complex Grand Final; attendance at the Installation of Greater Bendigo Councillors for 2012/2016; attendance at meeting regarding calcine sands in Derwent Gully Drive; reported on a number of meetings regarding planning issues; attendance at the Remembrance Day Service at Bendigo; attendance at a meeting of the Kangaroo Flat Community House and advise that she would be holding fortnightly listening posts at this venue; attendance at a Men's Shed function; attendance to a number of resident issues; attendance at a citizenship ceremony; attendance at a media training session.

PAGE 180

Ordinary Meeting - 14 November 2012

Cr Williams reported on his attendance at the Remembrance Day ceremony at Bendigo and expressed his thanks to his fellow Councillors and staff during the Council induction process.

Cr Weragoda reported on his attendance at the opening of the Kennington Pre-School redevelopment; attendance at the Remembrance Day service at Heathcote and attendance at the citizenship ceremony.

Cr Leach reported on her attendance at the Heathcote Remembrance Day service; attendance at the citizenship ceremony and attendance at the State Emergency Service demonstration display in the forecourt of the Bendigo Bank to promote National SES Week.

PAGE 181

Ordinary Meeting - 14 November 2012

9.

MAYOR'S REPORT

Her Worship the Mayor, Cr Lisa Ruffell, tabled a report on her attendance at the following meetings and events: •

Met with residents regarding agenda item of the first Council meeting

•

Met with art student regarding the promotion of artwork

•

Interview the Age Newspaper in relation to the ‘Open office to the public’

•

Attended and spoke at the official opening of the new room at Kennington Preschool

•

Attended and spoke with the CEO at the Loddon Murray Community Leadership Graduation Program

•

Attended remembrance day at the Bendigo District RSL

•

Initial, and several meetings with CEO

•

Interview with Bendigo Weekly

•

Interview with Bendigo Advertiser

•

Meeting with Whipstick Ward Councillors

•

Meeting with planning department and Eppalock Ward Councillors regarding urgent planning matter

•

Met with Villawood properties regarding the new ‘Imagine’ project at Strathfieldsaye

•

Attended Media training

•

Attended and spoke at the Bendigo Volunteer Resource Centre – 10th Birthday Celebration at Yi Yuan Gardens - Golden Dragon Museum, Bridge St, Bendigo

•

Consultation meeting regarding 61Simpsons Road, Eaglehawk

•

Attended the Australian Citizenship Ceremony, Bendigo Town Hall

•

Attended the Bendigo Traders Association dinner

•

Attended the Salvation Army Wishing Tree Appeal at K-Mart

PAGE 182

Ordinary Meeting - 14 November 2012

10. CHIEF EXECUTIVE OFFICER'S REPORT The Chief Executive Officer, Mr Craig Niemann, tabled a report on his attendance at the following meetings and events: •

Attended meeting of Loddon Mallee South Regional Growth Plan Steering Committee

•

Attended Loddon Mallee Regional Managers' Forum and Regional Strategic Plan Review

•

Attended Emergency Management Working Group

•

Attended meeting of The Bendigo Trust Board

•

Attended VicRoads Municipal Meeting

•

Attended meeting of Councillors to review Council term

•

Attended meeting hosted by MAV to explore Regional Collaboration between Councils

•

Attended Finance Committee meeting

•

Participated as MC at reception to recognise Australian Honours Recipients

•

Presented to Sport and Recreation Regional Cities Conference

•

Participated in Councillor/Election Transition Sessions

•

Attended meeting with Hon Dr Denis Napthine - Minister for Regional Cities

•

Attended meeting with representatives from Parks Victoria

•

Participated in regular media interviews

•

Introductory meeting with Anthony Lawrie - recently appointed Manager of the Bendigo Office of Department of Premier and Cabinet

•

Participated in Special Meeting of Council to install Councillors and elect Mayor

•

Attended introductory meeting with Natalie MacDonald - recently appointed Vice President (Administration) - La Trobe University

•

Attended Community Leadership Loddon Murray Inc 2012 Graduation Ceremony

•

Attended meeting of Regional Development Australia

11. CONFIDENTIAL (SECTION 89) REPORTS Nil.

PAGE 183

Ordinary Meeting - 14 November 2012

There being no further business, the meeting closed at 8:30 pm.

Confirmed:

December 5, 2012

Chairman

PAGE 184