Agenda 21 august 2013

AGENDA Ordinary Meeting of Council 6.00pm Wednesday 21 August 2013

*** Broadcast live on Phoenix FM 106.7 ***

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

NEXT MEETING: Wednesday 11 September 2013 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au

PAGE 1

Council Vision Our residents can live healthy and satisfying lives in our vibrant City and region, confident in its growth and future.

Council Purpose and Values Councillors have made a commitment in their Code of Conduct to working and leading together in: Making informed, balanced and objective decisions Acting honestly Taking responsible financial decisions Ensuring good governance Being inclusive in their activities and sharing information with others Learning from each other Respecting each other's undertakings Being respectful in their interactions with others Communicating clearly about decisions that have been made Fulfilling their undertakings and being clear when this is not possible Working positively with the media to ensure community members are provided with accurate information

Themes Planning for Growth Liveability Productivity Sustainability Good Governance and Decision-Making

PAGE 2

ORDINARY MEETING WEDNESDAY 21 AUGUST 2013

ORDER OF BUSINESS: ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

5

PRAYER

5

CODE OF CONDUCT

5

PRESENT

5

APOLOGIES

5

SUSPENSION OF STANDING ORDERS

5

PUBLIC QUESTION TIME

5

RESUMPTION OF STANDING ORDERS

6

CR COX'S REPORT

6

DECLARATIONS OF CONFLICT OF INTEREST

7

CONFIRMATION OF MINUTES

8

1.

PETITIONS AND JOINT LETTERS

9

1.1

Petition: Proposed Closure of Old Railway Reserve Road to Motorised Vehicles

9

2.

PLANNING FOR GROWTH

10

2.1

Planning Scheme Amendment C159 - Council Land, Public Land and Private Zone Corrections

10

2.2

VicSmart - A New Planning Permit Process for Victoria

19

2.3

153 Arnold Street, Bendigo - To Demolish a Dwelling

24

2.4

9 Club Court, Strathfieldsaye- Staged Subdivision of the Land into 14 Lots and Removal of Native Vegetation

31

2.5

477, 479, 481, 485 and 483 Tannery Lane, Strathfieldsaye Staged Subdivision of the Land and the Removal of Native Vegetation

44

2.6

31 Doak Street and 76 Lloyd Street, East Bendigo Subdivision of the Land into 3 Lots and the Creation of a Carriageway and Services Easement

63

PAGE 3

2.7

Landscape Assessment Project - Adoption of the Landscape Assessment Report for Big Hill and Mandurang Valley

78

2.8

Former Golden Square Secondary School

97

2.9

Residential Zone Conversion

102

2.10

Draft Loddon Mallee South Regional Growth Plan

106

2.11

Response to Petition: Safety Concerns Re: Intersection of Bayne and Lobb Streets, Bendigo

110

3.

LIVEABILITY

113

3.1

Bendigo Easter Festival - Confirmation of Festival Format

113

3.2

Adoption of Greater Bendigo Youth Strategy

117

4.

PRODUCTIVITY

122

5.

SUSTAINABILITY

122

6.

GOOD GOVERNANCE AND DECISION-MAKING

123

6.1

Response to Independent Review of the City of Greater Bendigo

123

6.2

Record of Assemblies

164

6.3

Instrument of Delegation to the Chief Executive Officer

173

7.

URGENT BUSINESS

179

8.

NOTICES OF MOTION

179

9.

COUNCILLORS' REPORTS

179

10.

MAYOR'S REPORT

179

11.

CHIEF EXECUTIVE OFFICER'S REPORT

179

12.

CONFIDENTIAL (SECTION 89) REPORTS

179

____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

PAGE 4

Ordinary Meeting - 21 August 2013

ACKNOWLEDGEMENT OF COUNTRY PRAYER CODE OF CONDUCT PRESENT APOLOGIES

SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the conduct of Public Question Time.

PUBLIC QUESTION TIME Public Question Time Guidelines Public Question Time – Purpose Council has provided the opportunity for members of the public to ask questions of broad interest to Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through its Customer Request System.

By the time planning matters have reached the council agenda, they have been through an extensive process as required by the Planning and Environment Act. In addition, in most instances mediation has been held between the parties involved. Throughout the process there are many opportunities for the people to ask questions. Therefore, no questions relating to planning matters on the Agenda will be accepted.

Public Question Time – Where, When And Who The public question time is held at every Ordinary Meeting of Greater Bendigo City Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo.

The public question time is held at the start of the meeting as close as practical to 6:00pm. A maximum of 30 minutes has been provided for registered and unregistered questions.

Residents are encouraged to lodge questions in advance so that a more complete response can be provided.

Questions will be put to the Council by the individual posing the question; the question will be answered by the Mayor or CEO, or where appropriate, Councillors or Council Officers.

PAGE 5

Ordinary Meeting - 21 August 2013

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

RESUMPTION OF STANDING ORDERS That Standing Orders be resumed.

CR COX'S REPORT

PAGE 6

Ordinary Meeting - 21 August 2013

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

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

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

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

PAGE 7

Ordinary Meeting - 21 August 2013

CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday 31 July 2013.

The following items were considered at the Ordinary Council meeting held on Wednesday 31 July 2013 at 6:00pm.

Adoption of 2013/2014 Budget Planning Scheme Amendment C190 - Rezoning of Land at 244 Edwards Road, Maiden Gully and Part CA43H Parish of Marong - Consideration of Submissions Planning Scheme Amendment C191 - Change to Planning Controls for Wellsford Estate - For Consideration of Submissions Planning Scheme Amendment C192 - Rezoning of 184 Jobs Gully Road, Jackass Flat to Commercial 1 Zone Planning Scheme Amendments - To Endorse Request for Interim Heritage Controls (C202) and Seek Authorisation for Permanent Heritage Controls (C203) for 384-386 Napier Street, White Hills 56 Brougham Street, Bendigo - Development of a Dwelling, Fence and Associated Outbuildings 116-118 Bridge Street, Bendigo - Partial Demolition and Extension to Existing Dwelling and Gallery 51 Creek Street South, Bendigo - Construction of a Radio Antenna 224 Queen Street, Bendigo - Construction of a Second Dwelling on a Lot 258 Old Murray Road, Huntly - Construction of a Telecommunications Facility )for the Purposes of the National Broadband Network [NBN] Rollout) 25 Homebush Drive, Junortoun - 2-Lot Subdivision of Land and Approval of Development Plan Eaglehawk Structure Plan - Proposed Changes Fortuna - Submissions to the Heritage Council on Proposed Inclusion on the Victorian Heritage Register Adoption of Thematic Environmental History and Preparation of Amendment C201 Greater Bendigo Thematic Environmental History Planning Scheme Amendment Council Plan Fourth Quarterly Report 2012-2013 Emergency Management Contracts Awarded Under Delegation Record of Assemblies

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 31 July 2013, as circulated, be taken as read and confirmed.

PAGE 8

Ordinary Meeting - 21 August 2013

1.

PETITIONS AND JOINT LETTERS

1.1 PETITION: PROPOSED CLOSURE OF OLD RAILWAY RESERVE ROAD TO MOTORISED VEHICLES _____________________________________________________________________

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

A petition has been received from Heathcote residents regarding the proposed closure of the Old Railway Reserve Road in Heathcote. The residents object to the closure of the Old Railway Reserve Road to motorised vehicles and in the One Eye Forest to accommodate the O'Keefe Rail Trail and the installation of bollards and locked gates.

The petitioners indicate that it is not an objection to the O'Keefe Rail Trail, just the Old Railway Reserve Road being closed to motorised vehicles.

Signatures

- 135

RECOMMENDATION That the concerns of the petitioners be considered as part of the further planning of the O'Keefe Rail Trail and the future use of Old Railway Reserve Road and that petitioners be informed prior to any decision being made; and until the issue of access is resolved, no changes to access to the One Eye Forest will be undertaken.

PAGE 9

Planning for Growth - Reports

2.

Ordinary Meeting - 21 August 2013

PLANNING FOR GROWTH

2.1 PLANNING SCHEME AMENDMENT C159 - COUNCIL LAND, PUBLIC LAND AND PRIVATE ZONE CORRECTIONS Document Information Author

Alison Kiefel, Council Projects Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose The purpose of this report is to inform Council of the submissions received to Amendment C159 so a final decision can be made on whether to adopt part of the amendment.

The amendment rezones fourteen (14) properties to best reflect the current or proposed private or public use of the land, and applies the appropriate overlays where necessary. The amendment also makes an administrative correction to the Schedule to the Heritage Overlay for 9 Hall St, Eaglehawk.

The amendment was publicly exhibited with 7 submissions received, one which requested a change and one from the Environmental Protection Authority requesting further investigation into possible land contamination for sites being rezoned to Residential 1 Zone The key issues relating to this amendment are: Application of the correct zoning for the existing use or ownership; Facilitating the rezoning and sale of the former Strathfieldsaye Depot at 994 Wellington St, Strathfieldsaye.

Ensuring land proposed for residential use is not contaminated; Minor changes to the exhibited amendment documentation.

It is recommended that Council consider the submissions received and split the amendment into two parts. Adoption of Part 1 now, will avoid further delay in the sale of the former Strathfieldsaye Depot and other sites awaiting rezoning to allow works to occur. A further report will be put to Council for consideration of Part 2 when the contamination investigations are completed.

Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows.

PAGE 10

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Productivity A diverse, strong and growing economy supports community resilience.

Background Information This Amendment has resulted from the identification of Planning Scheme anomalies, requests from authorities and as part of Council’s land asset management.

The former Strathfieldsaye depot site is to be sold, as it is no longer required by the City of Greater Bendigo. The front (northern) section of the site is proposed to be rezoned to the Commercial 2 Zone with Environmental Audit Overlay to allow for office, commercial and industrial uses and is supported by the Strathfieldsaye Township Plan 2009.

The rezoning of the rear section of the depot site to the Public Conservation & Resource Zone together with the application of the Vegetation Protection Overlay 2 ‘Significant Vegetation’ is supported by the Ecological Assessment for 994 Wellington Street, Strathfieldsaye, May 2011. This portion of the site will be retained by the City of Greater Bendigo for vegetation offsets.

The Minister for Planning amended the Victorian Planning Provisions on 15 July 2013 to replace the five business zones with two commercial zones. This affects the proposed zone for the former depot site at 994 Wellington St, Strathfieldsaye. The site was exhibited as Business 3 Zone and under the new zones will be Commercial 2 Zone. The new zone has minimal change to the uses allowed and permits are still required for buildings and works as normal in these zones.

PAGE 11

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Previous Council Decisions 6 March 2013 - Council resolved to request the Minister’s authorisation to prepare and exhibit the amendment.

November 2010 – Decision to purchase 25 Lockwood Road, Kangaroo Flat.

1 July 2009 – Adoption of the Strathfieldsaye Township Plan (including proposed zone for former Strathfieldsaye Depot)

PAGE 12

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Report The attached Explanatory Report details the purpose and effect of the amendment and provides the strategic justification for the amendment. Key issues identified in the Explanatory Report are discussed below.

Land Affected by the Amendment The 14 properties affected by Amendment C159 are listed in the table below: Property Address / Description

Ownership

Current Zones / Overlays

Proposed Zones / Overlays

994 Wellington Street, Strathfieldsaye (Ex-Strathfieldsaye Shire Depot).

Area 2.5ha

City of Greater Bendigo

Public Use Zone 6

Commercial 2 & Public Conservation and Resource Environmental Audit Overlay & Vegetation Protection Overlay 2

23 & 25 Lockwood Road, Kangaroo Flat (Kangaroo Flat Senior Citizens) Area 0.22ha

City of Greater Bendigo

Business 4 Zone (Commercial 2 Zone)

Public Use 6 (Local Gov)

36A Havlin Street, West Bendigo (Ewing Park) Area 3.05ha

Department of Environment and Primary Industries (City as Committee of Management)

Residential 1 Zone & Public Park and Recreation Zone Heritage Overlay 5

Public Park and Recreation Remove Heritage Overlay 5

28 High Street, Kangaroo Flat (Gateway Park) Area 0.68ha

Department of Environment and Primary Industries

Special Use Zone 6

Public Park and Recreation

183 Sandhurst Reservoir Road Big Hill (Sandhurst Reservoir) Area 89.68ha

Coliban Water

Rural Conservation Zone and Public Conservation and Recreation Zone

Public Use 1 (Service & Utility)

5644 Calder Highway, Big Hill (Big Hill Primary School) Area 2.53ha

Department of Education

Public Park and Recreation Zone & Public Use Zone 7 (Other Use)

Public Use 2 (Education)

PAGE 13

Planning for Growth - Reports

Property Address / Description

Ordinary Meeting - 21 August 2013

Ownership

Current Zones / Overlays

Proposed Zones / Overlays

37-43 Havlin Street East, Kennington Area 1.79ha

Department of Health

Public Use Zone 2

Public Use 3

21–25 Helm Street, Kangaroo Flat (Golden Square/ Kangaroo Flat Health Centre) Area 0.97ha

Bendigo Community Health

Public Use Zone 6

Residential 1

111-133 Allingham Street, Golden Square (Electricity Terminal Station) Area 5.34ha

Private

Public Use Zone 7

Special Use 12

5/131–9/131 Havlin Street East, Flora Hill (Private Residences) Area 0.15ha

Private

Business 1 Z (Commercial 1 Zone)

Residential 1

47 Forest Street, Bendigo Area 0.088ha

Private

Special Use Zone 1

Residential 1

58 Sparrowhawk Road, West Bendigo (Private Residence) Area 0.15ha

Private

Public Conservation and Resource Zone

Residential 1 Bushfire Management Overlay

9 Hall Street, Eaglehawk (Railway Station Hotel) Area 0.081ha

Private

Residential 1 Zone, Heritage Overlay 356

Amend Schedule to the Heritage Overlay to include full description of HO356

21-25 Curtin Street, Flora Hill (Private Residence) Area 0.31ha

Private

Public Use Zone 6

Residential 1

What the Amendment Does Amendment C159 seeks to amend current errors with the planning controls of 14 properties by either rezoning the properties to a different zone, applying new overlays, or removing unnecessary overlays (identified above).

Key Issues The environmental, social and economic impacts have been considered in the assessment of the proposal.

PAGE 14

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Application of the correct zoning for the existing use or ownership; - The amendment proposes to rezone 6 public owned properties to the appropriate public zoning. This ensures that each public manager of the property can perform buildings and works without the need for a planning permit, in most cases. Changes to the proposed zone exhibited of 5644 Calder Highway, Big Hill is required to ensure the new zoning matches the use as education facility.

Facilitating the rezoning and sale of the former Strathfieldsaye Depot at 994 Wellington St, Strathfieldsaye.

- The City proposes to sell part of the former depot by rezoning the land from Public Use Zone 6 (Local Government) to part Commercial 2 Zone and part Public Conservation and Resource Zone. The zones (and overlays) have been altered to align with the proposed subdivision.

Ensure land proposed for residential use is not contaminated; - The EPA advised that all land being rezoned for sensitive use must meet Ministerial Direction 1- Potentially Contaminated Land. All sites proposed to rezoned Residential 1 Zone contain a sensitive use or dwelling.

Investigation into the 5 sites being rezoned to Residential 1 Zone were undertaken, and, 1 site was identified as having a previous use (Forestry Depot) which may have contaminated the site. Further investigation into 2125 Curtin Street, Flora Hill is required to satisfy Ministerial Direction 1. Due to the timeframes involved to undertake this work, the amendment is proposed to be split so the other properties in the amendment are rezoned as soon as possible.

Minor changes to the exhibited amendment documentation.

- Corrections to addresses have been made to ensure the zone is applied to the correct sites.

- Other minor changes to documentation to reflect current document formats and zones.

The amendment also addresses elevated bushfire risk at 58 Sparrowhawk Road West Bendigo by applying the Bushfire Management Overlay (BMO) in conjunction with the Residential 1 rezoning as requested by the Country Fire Authority.

Consultation/Communication Exhibition Procedures: The Amendment was formally exhibited between 21 February –22 March 2013 with notification to: 45 owners and occupiers of land affected by the amendment.

Notification of prescribed Ministers and Authorities under Section 19(1) (a) and (c) of the Act. Publication of the notice of the amendment in the Bendigo Advertiser on Wednesday 20 February and Saturday 23 February 2013.

PAGE 15

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Publication of the notice of the amendment in the Government Gazette on Thursday 21 February 2013.

Second notice period for neighbouring property of 21-25 Helm St, Kangaroo Flat as proposed zone changed following exhibition.

Submissions: 6 submissions were received during the exhibition period and 1 late submission. A summary of the submissions is provided below.

Submission

Supports/Objects

Planning Officer Recommendations

Goulburn Murray Water

No objection

No change to Amendment

Dept. of Environment and Primary Industries

Supports

No change to Amendment

Dept. of Finance

Support

No change to Amendment

SP AusNet

No objection

No change to Amendment

EPA

Recommend additional research for proposed Residential 1 Zone to determine whether any contamination would make the land unsuitable.

Support the recommendation, and investigate potentially contaminated site – Curtin St, Flora Hill.

NCCMA (late submission)

No objection

No change to Amendment

Bendigo Community Health

Requested to change zone from Public Use as exhibited to a private zoning such as Residential 1 Zone.

Amend exhibited Zone from Public Use to Residential 1 Zone as requested to reflect private ownership of site.

Treasury

and

Changes to the Amendment As a result of the submissions and administration errors the following changes are proposed before adoption: Update old Business Zones to new Commercial Zones as per Ministerial changes.

Change proposed zone of 21-25 Helm St, Kangaroo Flat to Residential 1 Zone, to address the Bendigo Community Health submission and reflect private ownership of site.

Make minor administrative corrections to the exhibited documents to property addresses and amendment documentation.

Change proposed zone of Big Hill Primary School to Public Use Zone 2 (Education).

Update zone boundaries to reflect revised plan of subdivision for 994 Wellington St, Strathfieldsaye (former Depot).

Split the amendment into two parts to allow separate consideration of 21-25 Curtin St in the future and enable the majority of the amendment to be approved now.

PAGE 16

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Conclusion It is recommended that the Amendment be split into two parts to enable the rezoning of sites where issues have been resolved, whilst investigation into potential contamination is undertaken on 21-25 Curtin St, Flora Hill. It is recommended that Council adopt Amendment C159 Part 1 with changes, and seek approval from the Minister for Planning and await further information for Part 2 before making the next decision.

Options Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning authority may adopt an amendment or part of an amendment with or without changes. If a planning authority adopts part of an amendment that part becomes a separate amendment.

Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of submissions received in relation to an amendment, the Council must either; Change the amendment in the manner recommended (by the planning officer above) and adopt the amendment with these changes; or Refer the submission(s) to an Independent Panel appointed by the Minister; or Abandon the amendment or part of the amendment.

Resource Implications The amendment rezones 14 properties to the appropriate zone which reflects the actual land use, in most cases this provides additional planning permit exemptions and indirectly reduces the administrative costs of the City of Greater Bendigo.

Attachments  Explanatory Report  Amendment Documents  Submissions

PAGE 17

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

Accept the late submission from the North Central Catchment Management Authority.

2.

Adopt the planning officer recommendations and consider submissions for Greater Bendigo Planning Scheme Amendment C159;

3.

Split the amendment into two parts;

4.

Adopt Greater Bendigo Planning Scheme Amendment C159 Part 1 with changes;

5.

Forward the adopted Amendment C159 Part 1 to the Minister for Planning for Approval;

6.

Await further information before consideration of Amendment C159 Part 2.

PAGE 18

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.2 VICSMART - A NEW PLANNING PERMIT PROCESS FOR VICTORIA Document Information Author

Chris Duckett Land Use Coordinator

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose The purpose of this report is to set out a response to the proposed new VicSmart planning permit process changes to the Victorian Planning system.

The report raises some concerns with the proposed changes and puts forward recommendations which may address concerns with the proposal.

Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows.

Productivity A diverse, strong and growing economy supports community resilience.

Background Information The Minister for Planning is proposing to introduce changes to the Victorian Planning system under the name of VicSmart. The Minister has stated that: “VicSmart is a new dedicated, efficient and quick planning permit process for simple, straightforward proposals that will apply across Victoria.

VicSmart has been designed to improve how these applications are handled without reducing the quality of building and development outcomes. “ In terms of the impact on Bendigo, VicSmart will apply to a variety of application types including minor building works in industrial and commercial zones. The most significant number of applications will be signage applications and a number of proposals for works in a heritage overlay such as construction of a garage or carport, erection of a fence or installation of a swimming pool.

It is important to note that all VicSmart applications will be exempt from advertising to local residents and that many of the proposed application types already are exempt such as the proposals for works in the heritage overlay.

PAGE 19

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Report Key features of VicSmart Key features of the VicSmart process are documented below with officer comments in italics: A decision within ten business days.

It is proposed to reduce the statutory timeframe on the stated application types from 60 calendar days to 10 business days. After 10 business days the applicant will have the right to review at VCAT if a decision has not been made in that time.

The number of applications submitted to City of Greater Bendigo which would have been subject to VicSmart in the last financial year is estimated to be in the region of 170-200.

One of the issues in moving from the 60 calendar days to 10 business days is that it introduces two systems of calculating timeframes in that some applications will be calculated in calendar days and others in business days. This would introduce an unnecessary complication which would be confusing to all parties.

Other implications of the proposed timeframe are discussed below.

An applicant is expected to submit all the necessary information with the application.

Each VicSmart application type will have prescribed information requirements. Whereas standard permit applications allow Councils to request further information, VicSmart applications do not have this provision.

Some applicants will have knowledge and an understanding of the quality of the material to be provided but many applicants fail to meet application requirements, even when they are experienced in submitting applications.

Moreover the draft does not recognise that many applicants will be ‘mum and dads’ or one off applications from businesses with no experience of the planning system. This will mean that the quality of information submitted will often be deficient or poor. This is likely to lead to requests for further information.

The consultation draft states that applicants are expected to submit the right information at the start of the process and that if an application is submitted with missing information officers can contact the applicant by phone or email to enable the applicant to submit the information quickly so that an application can still be determined within the appropriate time.

It is unrealistic to expect officers to assess and make informal requests for further information, obtain the necessary information from the applicant, re-assess the information, and still determine the application within a 10 day timeframe.

For this process to work it is imperative that all the required information is provided before an application is accepted. Although this requirement is stated in the draft provisions this needs to be reflected in the Planning and Environment Act (1987) in order that an application which does not meet the requirements can be legally rejected.

PAGE 20

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

No need for external referrals. An applicant is expected to obtain any referral authority approval before lodging the application with council.

This will not impact on the City as there are no application types which will be affected by external referrals.

Exempt from advertising.

All VicSmart applications will be exempt from advertising and third party appeal rights. In principle there are no concerns with exempting the applications from notice and review.

Whilst some classifications are applications that may have generated a small number of objections, for instance removal of a single tree in an Environmental Significance Overlay, the majority of classifications are for types of applications that would either be exempt already or very rarely cause any material detriment.

The application is only assessed against specific pre-set decision guidelines.

Each VicSmart application will assessed solely against the decision guidelines. There will be no requirement to assess applications against state planning polices as is currently required for all planning applications. Local policies such as car parking and signage policies will still be a consideration.

The proposed decision guidelines are an appropriate tool against which to assess such simple applications and removing broader state policy considerations is a sensible change which is supported.

The Chief Executive Officer (CEO) of the council or a delegate will decide the application.

Council’s deed of delegation will be required to be changed in order to allow the CEO to be the responsible authority for VicSmart applications. This will include delegation to refuse applications under the VicSmart system.

The change to deed of delegation will have only a minor impact on the number of applications which will be determined by Council. In the financial year to 30 th June 2013 two applications which were reported to Council would have been determined by the CEO under the new VicSmart provisions.

An applicant has a right of review to VCAT if there is disagreement about whether the decision guidelines have been met.

There are no objections to allowing a right of review to an applicant. However under the current planning permit application process it is common practice to negotiate changes with applicants where the proposal is not deemed to comply with the Planning Scheme.

Typical examples would be an excessively large or poorly located advertising sign or a large dominant garage in front of the building line in a heritage area.

PAGE 21

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Under VicSmart no negotiation other than at the pre-application stage will be undertaken as it would take the application outside the statutory timeframe. This is likely to result in an increase in the number of applications being refused or additional conditions would be imposed on permits to ensure the proposal meets the decision guidelines.

Refusing applications or imposing conditional changes which would normally be subject to negotiation are going to be unpopular with applicants and this could have an adverse impact on the community perception of the Planning Department and Council.

Furthermore the likelihood of refusing application or imposing conditional changes will result in additional costs both to applicants and to the City if repeat applications are made or applications for review are lodged at VCAT. Whilst it may seem unlikely that an applicant would seek a determination from VCAT given the current timeframe of 6-9 months, it is understood that VCAT will implement a new process for VicSmart applications which will provide a decision within 4-6 weeks.

So it seems more likely that appeals may be lodged.

Consultation/Communication Internal Consultation: Planning staff External Consultation: Nil Resource Implications It is likely that a planning officer will be dedicated to assessing VicSmart applications to ensure statutory timeframes are met. However it is expected that this will be met from existing resources in this current financial year.

However the full implications of the change will not be known until the system has been fully implemented. In the event that 10 business days is adopted as the timeframe, as discussed above, this could lead to repeat applications or an increase in the number of appeals to VCAT. This may require additional staffing resources to maintain existing service levels. This will need to be reviewed at a later date.

Conclusion In principle the concept of a simplified planning process which speeds up the time in which some applications can be determined is supported.

However it is the City’s view that three changes need to be made before full support can be given to the proposed VicSmart system.

PAGE 22

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

1. Legislation should be changed to ensure that all the required information must be provided before an application is lodged. This change will avoid the need for requests for further information within the application process.

2. The proposed application timeframe should be extended from 10 business days to 20 business days to allow adequate time to negotiate appropriate improvements to proposals where necessary. This will reduce the likely cost implications of unnecessary refusals and subsequent appeals or repeat applications.

3. If business days are used for calculating the statutory timeframe, The Minister for Planning should change legislation so that all statutory timeframes within the Planning and Environment Act (1987) are calculated in business days in order to ensure a consistent approach.

Attachments The City's submission.

RECOMMENDATION That Greater Bendigo City Council resolve to support the VicSmart planning system subject to the following changes and to endorse the submission.

1. Legislation should be changed to ensure that all the required information must be provided before an application is lodged.

2. The proposed application timeframe be extended from 10 business days to 20 business days to allow adequate time to negotiate appropriate improvements to proposals where necessary.

3. If business days are used for calculating the statutory timeframe, The Minister for Planning should change legislation so that all statutory timeframes within the Planning and Environment Act (1987) are calculated in business days in order to ensure a consistent approach.

PAGE 23

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.3 153 ARNOLD STREET, BENDIGO 3550 - TO DEMOLISH A DWELLING Document Information Author

Frank Casimir – Statutory Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks planning permission to demolish a weatherboard dwelling constructed circa 1900 located at 153 Arnold Street, Bendigo. The site forms part of the Drought Street Heritage Precinct.

The key issues raised by this application are: The impact of the demolition of the dwelling on this heritage precinct.

Is the building beyond repair?

The failure of the applicant to provide a design of the replacement building for the site.

The application is before the Council because the dwelling is repairable and has been identified as a contributory element in this Heritage Precinct.

The City’s Heritage Advisor and the Heritage Advisory Committee do not support the demolition of the dwelling because of its significance to this precinct. This report recommends that the City of Greater Bendigo Council issue refusal of planning permission.

Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows.

Productivity A diverse, strong and growing economy supports community resilience.

Sustainability Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets.

PAGE 24

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Background Information An identical application to demolish the building was submitted in 2006. On 20 June 2007 meeting, the Council deferred a decision on the application until a proposal for the development and use of the land was submitted. No such proposal was ever submitted.

The owner of the building has also not changed.

The applicant has advised that the building has not been used as a dwelling for the last 10-15 years. The building is not in a state of good repair and photographic evidence suggests that there has been a slight deterioration in its condition since 2006. The City Building Department placed a building order on the dwelling on 3 May 2013 to make it safe.

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

DD/7/2013 4 January 2013 Tomkinson Group 153 Arnold Street, BENDIGO 3550 Residential 1 Zone, Road Zone Category 1 Heritage Overlay 4

Subject Site and Surrounds The site is located on the south side of Arnold Street approximately 100 metres west of the Bendigo Hospital. The site has an approximate area of 932 square metres and a frontage of 25 metres to Arnold Street and has a significant slope from front to rear.

Apart from a palm tree along the south-eastern lot boundary, the site is clear of vegetation.

The dwelling is constructed on the upper part of the site with a setback of approximately 3.8 metres with Arnold Street. This makes the dwelling very prominent when viewed from Arnold Street. The dwelling proposed to be demolished is the only structure on the site and it has an approximate total floor area of 95 square metres.

The surrounding sites are developed with dwellings of varying dates of construction ranging from the 1870s to the 1970s. The two dwellings along Arnold Street to the south-east of the subject site and the adjoining dwelling to the north-west are also listed in the Bendigo/Eaglehawk Heritage Study (1993) as being contributory to this Heritage Precinct.

PAGE 25

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Figure 1: Location map showing subject site (flown April 2013).

Proposal The proposal is to demolish the dwelling. Under the Greater Bendigo Planning Scheme, the site is zoned Residential 1 Zone and is affected by the Heritage Overlay. The Heritage Overlay is the trigger for the need for a permit to demolish the dwelling.

Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: Municipal Strategic Statement Clause 21.06 Housing Clause 21.08 Environment (Heritage) Local Planning Policies Clause 22.06 Heritage Policy Clause 32.01 Residential 1 Zone Clause 43.01 Heritage Overlay Consultation/Communication Planning officers and the Heritage Advisor have sought to negotiate with the applicant and owner of the building in order to seek retention of the dwelling. These negotiations have been unsuccessful and the applicant seeks a decision on the application.

Referrals The following internal departments have been consulted on the proposal:

PAGE 26

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Referral

Comment

Heritage Advisor

The demolition of the dwelling is not supported because the demolition would have a negative impact on the Drought Street Heritage Precinct.

Heritage Advisory Committee

The dwelling should be retained and more discussion with the applicant with a view to preserve the dwelling.

Public Notification The application was advertised by way of a notice on the site and letters to adjoining and nearby property owners and occupiers but no objections to the application were received.

Planning Assessment The Bendigo Residential Development Strategy 2004 (Clause 21.06) promotes higher residential development in this area because of its proximity to the Bendigo Central Business District. At the same time, the Strategy recommends that these developments are to be complementary with and respect areas of heritage values. Therefore, the decision on this proposal needs to strike a balance between these objectives.

The impact of the demolition of the dwelling on the heritage precinct The Planning Scheme contains a number of clauses which promote the need to conserve places of heritage significance whilst allowing for appropriate development that respects heritage values.

The dwelling proposed to be demolished is a contributory element in this heritage precinct. This has been detailed in the City Heritage Advisor’s report where the dwelling is described as having an intact presence in the streetscape. The report further states that each building in its own modest way, contributes to the overall significance of a heritage precinct through its form and architectural detailing and helps identify the era in which it was constructed and understand how Bendigo developed.

Under Clause 43.01 (Heritage Overlay) of the Planning Scheme, the significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place must be considered. As the building contributes to the overall significance of the heritage precinct, it is concluded that its demolition will have an adverse impact not only on the appearance of the heritage precinct but also on its cultural significance to Bendigo.

PAGE 27

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Is the building beyond repair?

Clause 22.06 (Heritage Policy) of the Planning Scheme supports the retention of heritage assets in the municipality. One of the objectives of this clause is to ensure that the heritage assets of the municipality are maintained and protected. There are also a number of policies under this clause which aim for the protection of the heritage assets while at the same time, allow for their re-use.

The Heritage Advisor’s Report describes the dwelling as being substantially intact and little altered from the outside. The dwelling has been poorly maintained however, the repairs required are not unusual for an old dwelling that has not undergone regular maintenance over many years.

The applicant has submitted in their application that the cost to repair the dwelling would be far greater than that required for a new construction. This may be the case but the counter-argument is that the retention of the dwelling would maintain the heritage values of the area. The Heritage Advisor has assessed the dwelling as being substantially intact and the applicant has not satisfactorily demonstrated that the dwelling is beyond repair.

The design of the replacement building for the site Even if it can be demonstrated that the building is beyond repair or it is determined that it has limited heritage values, its demolition should not be supported until a plan for a replacement building has been submitted and a permit issued.

Clause 43.01-4 states that when making a decision on proposals under this clause, the location, bulk, form and appearance of the proposed building should be in keeping with the character and appearance of adjacent buildings and the heritage place.

If the applicant were to provide a design for a high quality replacement which respects the heritage significance of the precinct, demolition of the dwelling may be considered more favourably. The applicant was requested to submit plans for the redevelopment of the site but has declined to do so. Refusal of the application on this basis alone would be appropriate.

Conclusion The principle of a redevelopment of this site is supported by the City Residential Development Strategy. However, this application cannot be supported in its current form because it does not have sufficient information for its full assessment. The demolition of the building will negatively impact on the heritage precinct and there is no evidence that the dwelling cannot be repaired and retained as a heritage asset for the municipality.

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

PAGE 28

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Attachments Heritage Advisor’s Report.

RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to refuse to grant a permit for the demolition of the dwelling at 153 Arnold Street, Bendigo for the following reasons: 1.The demolition of the dwelling would adversely impact on the heritage values of the heritage precinct contrary to clauses 21.06, 21.08, 22.06 and 43.01 of the Greater Bendigo Planning Scheme.

2.It has not been demonstrated that the building is beyond repair to warrant its demolition.

3.In the absence of a replacement design for the redevelopment of the site, the proposal would adversely impact on the appearance of the heritage precinct.

PAGE 29

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

The dwelling at 153 Arnold Street Bendigo

PAGE 30

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.4 9 CLUB COURT, STRATHFIELDSAYE 3551 - STAGED SUBDIVISION OF THE LAND INTO 14 LOTS AND REMOVAL OF NATIVE VEGETATION Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a planning permit application to subdivide 1.073ha of land situated on the corner of Club Court and Strathfieldsaye Road, Strathfieldsaye, into 14 residential lots.

There is one objection to the proposed subdivision. The objector is a councillor in the Eppalock Ward. The objector is concerned that the subdivision will result in traffic problems at the intersection of Club Court and Strathfieldsaye Road.

The subdivision will feature a new internal cul-de-sac off Club Court. There will be no lot access permitted via Strathfieldsaye Road.

Strathfieldsaye Road is a main road (zoned Road Zone Category 1) which is under the control of VicRoads. VicRoads has consented to the proposal. The subdivision is also supported by Council's traffic engineer.

This report concludes that the Club Court - Strathfieldsaye Road intersection is currently functioning adequately and there is sufficient capacity in the road network to accommodate the additional traffic movements generated by the subdivision. The report recommends that a permit be granted for the subdivision, subject to conditions.

Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows.

Productivity A diverse, strong and growing economy supports community resilience.

Sustainability Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets.

PAGE 31

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

DS/305/2013 18 April 2013 A G Smith 9 Club Court, STRATHFIELDSAYE Residential 1 Zone Abuts a Road Zone Category 1 - Strathfieldsaye Road No overlays

Subject Site and Surrounds The town planning report submitted with the application describes the site thus: "The site is known as 9 Club Court, Strathfieldsaye, which is located on the north western corner of the intersection of Club Court and Strathfieldsaye Road. The site is opposite the western boundary of the identified Strathfieldsaye Town centre which extends from Club Court through to Blucher Street to the east. The site is 8.5km south east of the Bendigo CBD. The site is a generally rectangular shaped allotment with a frontage to Club Court of 96m (plus a 14m splay at the intersection) and a frontage to Strathfieldsaye Road of 155m. The site has a total area of 1.1ha with a fall of 6m generally from the south eastern corner to the north western corner of the site, generally towards Sheepwash Creek to the north west of the site. The lot runs generally east-west along its longest axis.

The site contains a substantial established brick veneer home with a hipped, tiled roof, which is set back 50m from the Strathfieldsaye Road frontage of the site and 22m from Club Court. The dwelling is single storey and contains three bedrooms and an attached car port.

In addition to the existing dwelling, the site contains an outbuilding sited to the north of the dwelling. The outbuilding is 12m by 9m, clad with colorbond.

Vehicle access to both the dwelling and outbuilding is via Club Court, with the existing driveway located 12m from the northern boundary of the site.

There is some established vegetation across the site. Most of the vegetation is around / in the vicinity of the dwelling. The vegetation comprises a mixture of planted vegetation and non-indigenous native vegetation.

There are no other notable natural or man-made features on the site.

Boundaries of the site are generally denoted by traditional, rural style post and wire fencing. part of the Club Court frontage of the site, generally in front of the existing dwelling, is unfenced."

PAGE 32

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Figure 1: A location map. The objector's property is beyond the boundaries of the map.

Proposal It's proposed to subdivide the site into 14 residential lots. The lots will range in size between 500m2 and 1024m2 resulting in a lot density of 1:766m2.

A new 14m wide cul-de-sac off Club Court will be constructed to service the lots.

All the lots will be fully serviced. Outfall drainage to Sheepwash Creek will be provided via an existing easement on the adjoining property to the west. A sewer connection will be provided between the site and Cliffroyal Close to the north.

The existing house which is present on the site will be retained on Lot 1.

All existing vegetation on the site will be deemed to be lost as a result of the subdivision.

Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone. There are no overlays covering the site. The site abuts a Road Zone Category 1 (Strathfieldsaye Road) which is under the control of VicRoads. The zoning of the site and the site's abuttal to a Road Zone Category 1 triggers the requirement for a planning permit.

The following provisions in the planning scheme are relevant to the application: State Planning Policy Framework  Regional development (clause 11.05).  Biodiversity (clause 12.01).  Urban environment (clause 15.01).  Sustainable development (clause 15.02).  Residential development (clause 16.01).  Movement networks (clause 18.02).

PAGE 33

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

 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).  Strathfieldsaye residential character policy SF4 (clause 22.22).

Other Provisions  Residential 1 Zone (clause 32.01).  Easements, restrictions and reserves (clause 52.02).  Native vegetation (clause 52.17).  Land adjacent to a road zone, category 1, or a public acquisition overlay for a category 1 road (clause 52.29).  Residential subdivision (clause 56).  Decision guidelines (clause 65).  Referral and notice provisions (clause 66).

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

Comment

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

Tenix

No objection subject to conditions

VicRoads

No objection subject to conditions

CFA

No objection subject to conditions

Development Engineer (internal)

No objection subject to conditions

Traffic Engineer (internal)

No objection

PAGE 34

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Public Notification The application was advertised to the public by mail and on-site notices. There were originally three objections to the application but these were later withdrawn following a consultation meeting and negotiation between the parties.

Upon all the objections being withdrawn one of the councillors in the Eppalock Ward lodged a late objection on the grounds that the proposed subdivision "poses a risk to public safety with traffic concerns at the intersection [of Club Court and Strathfieldsaye Road]".

Planning Assessment Traffic impacts Strathfieldsaye Road functions as a primary arterial road that effectively links the Strathfieldsaye township with the Bendigo CBD. It carries approximately 12,300 vehicles per day. The road reserve is 30m wide and there is a two-lane, 13m wide, carriageway within the reserve. The speed limit along Strathfieldsaye Road is 60 km/h in the vicinity of the site.

Club Court functions as a local road that carries approximately 1,000 vehicles per day. It consists of a 9m wide carriageway set within an 18m wide road reserve. There is a 40km/h speed limit along Club Court near the site. Kerbside parking is allowed along both side of the street.

Figure 2: Strathfieldsaye Road at the intersections of Club Court and Tannery Lane.

According to VicRoads' accident database there have been no casualty accidents recorded within the vicinity of the site in approximately the last five years.

The management of the intersection is the responsibility of VicRoads. VicRoads has not objected to the proposed subdivision.

PAGE 35

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

The developer engaged GTA consultants to undertake a traffic impact assessment of the proposal. Amongst other things GTA examined the impact of proposed development traffic upon the Club Court / Strathfieldsaye Road / Tannery Lane intersection. This intersection was the focus of the objector's opposition to the subdivision proposal, with the objector arguing that the intersection is currently dangerous.

GTA assessed the operation of the intersection using computer-based modelling. The commonly used measure for intersection performance is the "degree of saturation" (DOS). GTA states that "for unsignalised intersections, a DOS of around 0.90 has been typically considered the practical limit, beyond which queues and delays increase disproportionately".

In relation to the existing conditions of the intersection, GTA found that the intersection currently operates with an "excellent" level of service with minimal queues and delays on all approaches. GTA note that a short 15-30 minute peak condition is experienced during school drop-off times but at all other times Club Court carries a relatively low volume of traffic. An extract from these findings is reproduced in Figure 3 below.

Critical turning movements Time

Weekday peak

Approach

school

th

DOS

Average delay

95 percentile queue (metres)

Tannery Lane (south approach)

0.29

16 sec

9m

Strathfieldsaye Road (east approach)

0.21

2 sec

2m

Club Court (north approach)

0.11

13 sec

3m

Strathfieldsaye Road (west approach)

0.22

1 sec

1m

Figure 3: Existing intersection operating conditions in PM peak (3:15pm - 4:15pm)

In addition to the proposed subdivision there are currently plans to develop the eastern side of Club Court for the purpose of a supermarket and shops. GTA has taken account of this retail development (which so far hasn't got approval) in its assessment of the intersection. The retail development is anticipated to generate 660 vehicle movements per hour during the PM peak with approximately 60% generated to Club Court, ie. around 390 vehicles.

In comparison, during the PM peak the proposed subdivision will generate 11 additional vehicle movements (or 12 movements overall, including the existing house on the site).

Assuming that peak school pick-up corresponds with peak traffic generation for the proposed subdivision, Club Court is expected to carry around 540 vehicles during the critical afternoon school pick-up period. The proposed subdivision will generate approximately 2% of the overall traffic volume in Club Court at this period, ie. 12 vehicle movements as a percentage of 540 total vehicle movements.

Based on these estimates GTA has analysed the operation of the intersection postdevelopment and the findings are shown in Figure 4 below.

PAGE 36

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Critical turning movements Time

Weekday peak

Approach

school

th

DOS

Average delay

95 percentile queue (metres)

Tannery Lane (south approach)

0.47

23 sec

15 m

Strathfieldsaye Road (east approach)

0.25

3 sec

3m

Club Court (north approach)

0.69

25 sec

26 m

Strathfieldsaye Road (west approach)

0.26

3 sec

5m

Figure 4: Post-development intersection operating conditions in PM peak (3:15pm - 4:15pm)

As can be seen in Figure 4 the intersection is expected to operate below the DOS threshold of 0.90 following the subdivision of the subject site and the development of the supermarket site. If the subject site was developed in isolation and the supermarket didn't go ahead then it is clear that the subdivision would have a negligible impact on the operation of Club Court and its intersection with Strathfieldsaye Road. In this respect it would be incorrect to view the proposed subdivision as a trigger-point for requiring intersection treatment works.

It's clear though that while full development of the supermarket site won't result in the DOS threshold of 0.90 being reached, it will nonetheless dramatically change the traffic conditions in Club Court and at the intersection. Even at DOS 0.69 there is likely to be pressure to improve the conditions of the intersection, such as by installing a roundabout or traffic lights. Any decision about upgrading the intersection though is in the hands of VicRoads.

Based on the findings of the GTA report and having regard to the fact that VicRoads has not objected to the proposed subdivision, this author can see no reason to refuse to grant a planning permit on traffic grounds. Contrary to the objector's claims the intersection is currently operating well. The modest increase in traffic anticipated as a result of the proposed subdivision will not significantly change this current situation.

Compliance with Clause 56 The application has been assessed against the residential subdivision objectives at Clause 56 in the planning scheme. The proposal meets all the relevant objectives. In particular it is noted that: All the lots in the subdivision will be fully serviced.

The site enjoys the locational advantage of being close to the Strathfieldsaye township and an adjacent primary school.

The proposed lot sizes will be in keeping with the character of the area and will be large enough to accommodate single dwellings and backyard spaces.

The lots will add to the supply and diversity of lots within Strathfieldsaye.

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

PAGE 37

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

Attachments A copy of the objection.

RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987) Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the land at 9 Club Court Strathfieldsaye which allows for the subdivision of the land into 14 lots and the removal of native vegetation and the variation of an existing drainage easement on the land at 853 Strathfieldsaye Road, subject to the following conditions: 1.

SUBDIVISION PLAN TO BE ENDORSED The subdivision plan to be endorsed and which will then form part of the permit is the Revision B plan (dated 22/5/2013) submitted with the application.

2.

LAYOUT MUST NOT BE ALTERED The layout of the subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

3.

SEWER AND DRAINAGE SYSTEMS The sewer and drainage systems provided for the subdivision must be generally in accordance with the layout plan prepared by Chris Brown & Associates dated 12/6/2013.

4.

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

5.

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

6.

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

7.

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.

PAGE 38

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

8.

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

9.

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

10. STORMWATER DETENTION Before a statement of compliance is issued for the subdivision the developer must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority.

The responsible authority may deem this condition satisfied by a development contribution of $2,000 per additional lot 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.

11. STORMWATER QUALITY Before the subdivision starts the developer 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 $8000 or such amount applying at the time of payment.

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

PAGE 39

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

(f) Appropriate street lighting and signage. (g) High stability permanent survey marks.

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

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

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

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

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

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

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

17. POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

PAGE 40

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

(b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall: Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor. (d) The applicant shall: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. (e) The applicant shall: Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000. (f) The applicant shall: Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required. (g) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules.

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

19. TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with: • A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. (b) Before the issue of a statement of compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

PAGE 41

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

• A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

20. COUNTRY FIRE AUTHORITY Hydrants: (a) Above or below ground operable hydrants must be provided. The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of the lots) must be 120 metres and the hydrants must be no more than 200 metres apart. These distances must be measured around lot boundaries. (b) The hydrants must be identified with marker posts and road reflectors as applicable to the satisfaction of the Country Fire Authority.

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.

21. VICROADS Direct access from the subject land to the Bendigo-Redesdale Road must not be permitted. All access to the subject land must be via Club Court (local road) abutting the east boundary of the property.

22. EXPIRY OF THE PERMIT This permit will expire unless: (a) All stages of the approved subdivision have been certified within five years of the date of this permit; or (b) Any stage of the approved subdivision is not completed within five years of the certification of the plan of subdivision under the Subdivision Act 1988.

The responsible authority may extend the time for certification of a plan of any stage of the subdivision if a request is made in writing before the permit expires, or thereafter, within the period allowed by section 69 of the Planning and Environment Act 1987.

PAGE 42

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

PAGE 43

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.5 477, 479, 481, 485 AND 483 TANNERY LANE, STRATHFIELDSAYE 3551 STAGED SUBDIVISION OF THE LAND AND THE REMOVAL OF NATIVE VEGETATION Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a planning permit application to subdivide 3.4ha of land located in Taylors Lane, Strathfieldsaye, into 28 residential lots. The site is a relatively large land holding that extends between Taylors Lane and Sheepwash Creek.

The site adjoins a 22 lot housing estate that was developed in 2003 (the Hampshire Place Estate). There is a road named Shepherds Glen that connects this estate with the subject site. The proposed subdivision will extend Shepherds Glen such that it forms a through-road to Tannery Lane. An original proposal to terminate Shepherds Glen as a cul-de-sac was opposed by local residents.

There are 9 objections to the proposed subdivision from local residents. The objections centre on one main issue: the objectors argue that the proposed lot density is too high.

The objectors believe that the lot density will not be in keeping with the neighbourhood character and that a less intensive development is called for, more akin to the Hampshire Place estate where lots are around 800m 2. In comparison the proposed subdivision will feature lot sizes down to 507m2.

This report concludes that the proposed lot sizes and the subdivision layout will be compatible with the character of the surrounding neighbourhood. The report recommends that a permit be granted for the subdivision, subject to conditions.

Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows.

Productivity A diverse, strong and growing economy supports community resilience.

Sustainability Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets.

PAGE 44

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

DS/108/2013 11 February 2013 Total Property Developments 477, 479, 481, 485 and 483 Tannery Lane, STRATHFIELDSAYE Residential 1 Zone Abuttal to a Road Zone Category 2 - Taylors Lane Part Environmental Significance Overlay 1 - Watercourse Protection Part Land Subject to Inundation Overlay

Subject Site and Surrounds The town planning report submitted with the application describes the site thus: "The property is irregular in shape with frontage to Tannery Lane. To the northeast the property can also be accessed from Shepherds Glen with the road terminating at the property boundary. To the northeast and southwest the property abuts developed residential land or zoned for residential use. The northwest boundary of the property abuts a Reserve and Sheepwash Creek.

The property is generally covered in scattered trees and low-level grasses whilst a small proportion in the northwest corner is covered in more dense patches of vegetation. A few lots fronting Tannery Lane have already been subdivided from the parent title and as part of this subdivision a reserve was created along the creek.

Within the reserve there is a pedestrian path which links with other developments in the area. The site generally falls from the southeast towards the Sheepwash Creek and there is a small dam in the north corner.

There are no existing dwellings or outbuildings on the site.

PAGE 45

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

Proposal It's proposed to subdivide the site into 28 residential lots. Shepherds Glen will be extended to provide road access to most of the lots. Shepherds Glen will connect through to Tannery Lane.

Lot sizes will vary throughout the subdivision. In broad terms, the largest lots (greater than 1,000m2) will be situated at the northern end of the site near Sheepwash Creek. A small drainage reserve will also be contained in this location. More suburban type lots down to 507m2 will occupy the balance of the site.

All the lots in the subdivision will be fully serviced.

Some native vegetation on the site will be removed as a result of the subdivision.

However the main patch of vegetation in the northwest corner of the site will be retained by containing it within a single large lot greater than 4,000m 2 (this threshold lot size is a permit trigger with respect to removing native vegetation).

Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone. There are two overlays that partly cover the rear portion of the site: the Environmental Significance Overlay Schedule 1 - Watercourse Protection, and the Land Subject to Inundation Overlay.

The zone and overlays both trigger the requirement for a planning permit to subdivide the site. The Environmental Significance Overlay and clause 52.17 (native vegetation) in the planning scheme are also permit triggers with respect to the removal of native vegetation.

The following clauses in the planning scheme are relevant to the application.

PAGE 46

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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).  Strathfieldsaye residential character policy SF4 (clause 22.22).

Other Provisions  Residential 1 Zone (clause 32.01).  Environmental Significance Overlay (clause 42.01).  Land Subject to Inundation Overlay (clause 44.04).  Native vegetation (clause 52.17).  Residential subdivision (clause 56).  Decision guidelines (clause 65).  Referral and notice provisions (clause 66).

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

Comment

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

Tenix

No objection subject to conditions

CFA

No objection subject to conditions

North Central CMA

No objection subject to conditions

DEPI

No objection subject to conditions

PAGE 47

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Referral

Comment

Development Engineer

No objection subject to conditions

Public Notification The application was advertised to the public by mail and an on-site notice. A total of 9 objections to the application were received. There was originally a concern amongst the objectors about termination of Shepherds Glen as a cul-de-sac. The developer subsequently revised the plan to show Shepherds Glen as a through-road which eliminated this ground of objection. The remaining ground of objection centres upon the density of the proposed subdivision and its compatibility with the neighbourhood character. This issue will be discussed later in the report.

Two consultation meetings were held to discuss the issues relevant to the objectors.

While the meetings were successful in addressing the Shepherds Glen issue, there was no progress made on resolving the issue of development density.

Planning Assessment The strategic planning context and neighbourhood character It's relevant to examine the strategic planning context for the proposed subdivision.

The "Strathfieldsaye Township Structure Plan" dated September 2000 covers the site and its surrounds. The site forms part of Precinct 4 according to the plan. There is an Outline Development Plan (ODP) for Precinct 4 which broadly shows the preferred layout for future development in the precinct. The ODP is supported by specific written objectives concerning urban design and other matters.

According to the ODP the subdivision of land on the north side of Tannery Lane - which includes the subject site - will be laid out following a new road extending parallel with Sheepwash Creek. This creek side road will be connected by two new north-south intersections with Tannery Lane. The ODP shows the creek side road terminating as a cul-de-sac within the boundaries of the subject site (see Figure 2 below).

PAGE 48

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Figure 2: An extract from the approved ODP for Precinct 4

With respect to preferred lot sizes in Precinct 4 the plan says: "Allotment size is to be predominately 800 square metres or larger to balance the extensive supply of smaller allotments already available to the north. This is also to acknowledge the proximity and significance of Sheepwash Creek."

In April 2006 the plan was revised but none of the revisions are of consequence to this application.

The Hampshire Place estate, which adjoins the site to the east, generally follows the pattern of subdivision envisaged by the ODP. The estate has created one of the two planned north-south intersections with Tannery Lane, named Hampshire Place, as well as a creek side road named Shepherds Glen. Lots sizes in Hampshire Place are around 800m2 as suggested by the plan, with larger lots of around 3000m2 provided on the north side of Shepherds Glen adjacent to the creek.

PAGE 49

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Figure 3: An aerial photo showing the site in the context of Hampshire Place

There are large vacant land parcels on either side of the Hampshire Place estate, including the subject site. Shepherds Glen has been constructed to both these boundaries in anticipation of future development occurring.

The other significant development that occurred in Precinct 4 under the guidance of the ODP is the Regent Park estate which generally occupies a large triangular land parcel on the south side of Tannery lane, opposite the subject site. Lot densities are higher in Regent Park in comparison to Hampshire Place. This subdivision has not been fully completed yet.

In July 2009 Council adopted a new plan called the "Strathfieldsaye Township Plan". The plan made only modest changes to the preferred layout of Precinct 4 - the plan recommended only a small revision to the existing ODP. However, the new plan did relax the 800m2 density benchmark set by the previous plan. The current preferred density for the precinct is stated in the plan as 500m2 - 1200m2. The plan encourages lower densities adjoining waterways, such as Sheepwash Creek.

PAGE 50

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

The permit application originally sought to implement the ODP's vision of a cul-de-sac road on the subject site, namely through the extension and termination of Shepherds Glen. This proposal was strongly opposed by local residents who instead wanted a road that linked to Tannery Lane. The developer conceded to the residents' wishes and amended the proposed subdivision plan to show Shepherds Glen as a through-road .

There remains one key issue of concern to those residents who have objected to the proposal. All the objectors believe that the proposed lot density is too high. They argue that the area's semi-rural character that will be eroded by the subdivision and that a less intensive development is called for. The objectors would like the subdivision to incorporate bigger blocks comparable with the 800m2 lots found in the Hampshire Place estate.

The Hampshire Place estate was developed about 10 years ago. Council's planning strategies and the conditions of the precinct have changed since then. For instance, planning policy no longer calls for 800m2 lots within the precinct. Instead, there is a recognition that lot sizes down to 500m2 can sit comfortably within the landscape of Strathfieldsaye.

Current planning policy seeks to create a "preferred" neighbourhood character which is under-pinned by a desire to increase average residential densities across Strathfieldsaye. According to policy the preferred character is to derive from the bushland and semi-rural setting of the area. This may be misinterpreted to mean that lots must be semi-rural in size, or at least larger than typical suburban blocks. But in fact the plan suggests that semi-rural elements will emerge from the treatment of streets and the protection of native vegetation, particularly vegetated creek lines, as opposed to being a product of lot size. Such semi-rural elements will serve to complement a suburban typology.

This urban design approach is evident in Hampshire Place and Regent Park. Lots there accommodate a suburban typology with semi-rural elements largely limited to the presence of scattered trees.

In this context it is the view of this author that the proposed subdivision is generally consistent with the aims of the Strathfieldsaye Township Plan. As required under the plan, the subdivision will create a mix of lot sizes, with the average lot size being around 740m2. The largest lots, of around 1000m2, will be provided on the north side of Shepherds Glen and there will be one single lot of 7,800m2 that will be used to protect a patch of native vegetation closest to the creek. The layout of these northern lots acknowledges the contribution the creek makes to the semi-rural character of the area.

The proposed subdivision need not match the lot density found in the Hampton Place estate as argued by the objectors. The two estates can sit comfortably together without having to be the same. Indeed, it is questionable whether the moderate difference in the lot yields between the two estates will be readily perceptible from a streetscape perspective.

PAGE 51

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Compliance with Clause 56 The proposal meets the residential subdivision objectives contained in Clause 56 of the planning scheme, as evidenced by the key points below: • • • •

All the lots created by the subdivision will be fully serviced.

The lots will enjoy good access to services and community facilities in Strathfieldsaye.

The size and dimensions of the lots will be capable of accommodating a future dwelling on each lot.

The lots will add to the diversity and supply of lots within Bendigo.

Native vegetation The site contains four patches of native vegetation in the form of Low-rises Grassy Woodland, together with scattered trees. The patch of vegetation at the rear of the site, towards Sheepwash Creek, will be retained within the boundaries of Lot 4. The remaining three smaller patches will be removed or deemed to be lost as a result of the subdivision. This is an acceptable outcome given the conservation significance of the vegetation is only medium, there is little native ground cover and the vegetation lacks connectivity.

Other matters There are some specific design matters that have been raised by one of the objectors.

The first matter concerns the proposed reserve adjacent to Sheepwash Creek. The reserve will adjoin the objector's property. The objector takes issue with the awkwardness of the proposed boundary to the Sheepwash Creek pedestrian path and reserve. The objector would like this boundary to be "straighten" and has offered several solutions for how this might be done (see Figure 4 below).

It's noted that the on-site reserve is required for stormwater management purposes; the reserve isn't a public open space contribution. Subject to design detail it's possible that the reserve will be fenced along the Sheepwash Creek boundary - much like the existing situation - and thus the scenario envisaged by the objector won't arise. Furthermore, the reserve may not be required at all if detailed drainage design proves that a stormwater detention basin on-site is unnecessary (it may be better to discharge stormwater flows unretarded into Sheepwash Creek). In this context the objector's concerns may be unfounded. In any event, the proposed interface between the reserve and the objector's property will not be so poor as to warrant a re-design of the reserve layout.

PAGE 52

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Figure 4: The possible boundary alignment to Sheepwash Creek is shown in red

The objector has also raised a concern about the possibility that a two-storey dwelling may be built on the lot proposed to adjoin the objector's property (Lot 1). This concern is shared by another objector whose property will adjoin Lot 28. This author believes that there is no planning reason to impose a single storey height limit on these lots. Amenity considerations relating to two-storey built form will be adequately addressed under "Rescode" provisions that will be administered by the building surveyor at the time a building permit is issued for the respective lots.

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

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

Attachments Copies of the objections.

PAGE 53

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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 land at 477, 479, 481, 485 and 483 Tannery Lane, Strathfieldsaye which allows for the staged subdivision of the land and the removal of native vegetation subject to the following conditions: 1.

PLANS TO BE ENDORSED The plan to be endorsed and which will then form part of the permit is the Revision D plan (dated 31/7/2013) submitted with the application.

2.

LAYOUT MUST NOT BE ALTERED The layout of the subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

3.

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

4.

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

5.

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

6.

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.

7.

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.

PAGE 54

Planning for Growth - Reports

8.

Ordinary Meeting - 21 August 2013

STORMWATER DETENTION Before a statement of compliance is issued for the subdivision the developer 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: Q10 = 7.2 l/s per ha.

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 per lot > 500m 2 and $2000 per lot < 500m2 or such amount applying at the time of payment.

9.

STORMWATER QUALITY Before the subdivision starts the developer 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.

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

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

PAGE 55

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

13. PUBLIC ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb 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.

14. 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.

15. COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Waterâ&#x20AC;&#x2122;s specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

16. 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.

PAGE 56

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

(b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall: Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor. (d) The applicant shall: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. (e) The applicant shall: Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area. (f) The applicant shall: Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required. (g) Any construction work must comply with Energy Safe Victoria's No Go Zone rules.

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

18. TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with: • A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. (b) Before the issue of a statement of compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: • A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

PAGE 57

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

• A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

19. COUNTRY FIRE AUTHORITY (a) Above or below ground operable hydrants must be provided. The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of the lots) must be 120 metres and the hydrants must be no more than 200 metres apart. These distances must be measured around lot boundaries. (b) The hydrants must be identified with marker posts and road reflectors as applicable to the satisfaction of the Country Fire Authority.

20. NORTH CENTRAL CMA (a) Prior to Certification, a Waterway and Drainage Easement must be created on Lot 4 in favour of the North Central Catchment Management Authority. The easement must be registered on the title and must be generally in accordance with the attached map F-2013-0187- Easement Requirement. No buildings are permitted within this area. (b) A fill pad must be created on Lot 4 with a finished surface level of at least the declared flood level. A balance of cut and fill must be achieved. Prior to the issuing of Certification plans demonstrating that the proposed fill on Lot 4 will not obstruct flood flows, reduce flood storage or raise flood levels or flow velocities to the detriment of neighbouring properties must be supplied to North Central CMA for its approval. (c) No fill is permitted within the easement. Prior to issuing a Statement of Compliance a certified survey plan of the finished surface levels must be submitted to the responsible authority and North Central CMA for its approval. (d) Prior to Certification a suitable restriction is to be placed on the title which specifies the minimum floor level of any new dwelling(s) on allotment 4. The minimum floor level must be no lower than 300mm above the declared flood level. (e) Prior to Certification a suitable restriction must be placed on title which stipulates that fencing must be of open style on Lot 4 along the property boundaries bordering the easement. i.e. along the northern, north eastern and north western property boundaries. (f) Prior to the commencement of works, appropriate silt control measures must be installed to prevent sediment laden runoff from entering the waterway. The silt control measures must be maintained throughout the construction period. (g) Stormwater runoff arising from the site must be treated to best practice standards prior to discharging to the waterway. The number of new stormwater connections to the waterway must be limited and prior to the commencement of drainage works, a separate “Works on Waterway” permit must be obtained directly from North Central CMA. Please contact North Central CMA on (03) 5440 1896 to obtain a full understanding of the Authority’s requirements.

PAGE 58

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

21. DEPARTMENT OF ENVIRONMENT AND PRIMARY INDUSTRIES (a) In order to offset: • 0.23 habitat hectares of native vegetation of Grassy Woodland Ecological Vegetation Class of medium conservation significance.

• Five small trees of Grassy Woodland Ecological Vegetation Class of low conservation significance. approved for removal as part of this permit, the applicant must provide for: • The protection and management for conservation purposes of 0.23 habitat hectares of native vegetation of Grassy Woodland Ecological Vegetation Class of medium conservation significance.

• The planting and protection of 50 trees of Grassy Woodland Ecological Vegetation Class of low conservation significance. or an alternative to the satisfaction of the responsible authority. (b) To provide the required offset, within 12 months of the vegetation removal or prior to the issue of statement of compliance, whichever is sooner, the applicant or owner must either: • Provide to the responsible authority, an Allocated Credit Extract issued by the Department of Environment and Primary Industries Native Vegetation Credit Register which satisfies the required offset, or.

• Commence management of an offset in accordance with an offset plan endorsed by the responsible authority. The offset plan must be prepared to the satisfaction of approved by the responsible authority. The offset plan must include: • Description of the site where the offset will be provided, including a site plan.

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

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

• Timeline for the implementation of the management actions.

• Method by which management actions will be undertaken.

• Standard to which management actions will be undertaken.

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

• A copy of the endorsed plan and protection mechanism, eg. title showing encumbrance, must be lodged with the Department of Environment and Primary Industries. (d) Prior to the commencement of works, a protection fence must be erected around the vegetation identified on ‘Tannery Lane Aerial and Context Plan’ by Total Property Development, dated 21 December 2012 at a distance of 12 times the diameter of the edge trees. The delineated area will define a ‘Tree Protection Zone’. The protection fence must be constructed of paraweb and star pickets to the satisfaction of the Responsible Authority.

PAGE 59

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

(e) The tree protection fence must remain in place until all works are completed to the satisfaction of the responsible authority. Adequate signage to indicate the ‘Tree Protection Zone’ must be attached to the protection fence and maintained until all works are completed. (f) Except with the written consent of the responsible authority, within the Tree Protection Zone: • No vehicular or pedestrian access, trenching or soil excavation is to occur.

• No storage or dumping of tools, equipment or waste is to occur.

• No construction of permanent or temporary infrastructure.

22. EXPIRY OF THE PERMIT This permit will expire unless: (a) All stages of the approved subdivision have been certified within five years of the date of this permit; or (b) Any stage of the approved subdivision is not completed within five years of the certification of the plan of subdivision under the Subdivision Act 1988.

The responsible authority may extend the time for certification of a plan of any stage of the subdivision if a request is made in writing before the permit expires, or thereafter, within the period allowed by section 69 of the Planning and Environment Act 1987.

NOTE: Flood levels for the 1 % AEP (100 year ARI) flood event have been declared for this area under provisions of the Water Act, 1989. The declared 1% AEP flood level for the location described above grades from 208.75 metres AHD at the south western property boundary down to 208.25 metres AHD at the north eastern property boundary.

PAGE 60

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

PAGE 61

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

PAGE 62

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.6 31 DOAK STREET AND 76 LLOYD STREET, EAST BENDIGO 3550 SUBDIVISION OF THE LAND INTO 3 LOTS AND THE CREATION OF A CARRIAGEWAY AND SERVICES EASEMENT Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a planning permit application to subdivide the land at 31 Doak Street, East Bendigo, into three residential lots. The subdivision will take the form of an in-fill development whereby two new vacant lots (Lots 2 and 3) will be created from surplus land on the south side of an existing dwelling. A water pipeline which traverses the site will separate the new vacant lots from one another such that Lot 2 will directly address Doak Street while Lot 3 will be occupying a position much deeper back on the site.

The owners of a neighbouring property have objected to the proposed subdivision. They argue that the proposal will not be in keeping with the neighbourhood character due to the prominence of any new built form on Lot 2 and the impact the subdivision will have on trees in the area.

The site forms part of an attractive neighbourhood with a strong garden setting. Any infill development, such as that envisaged by the proposed subdivision, must be respectful of this neighbourhood character. Of particular relevance in this regard is the type of built form outcome that might result from the size and location of proposed Lot 2.

This report concludes that the proposed subdivision will not have a detrimental impact on the character and appearance of Doak Street, including existing vegetation in the area.

The report recommends that a permit be granted for the proposal, subject to conditions.

Policy Context City of Greater Bendigo Council Plan 2013 â&#x20AC;&#x201C; 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows.

Productivity A diverse, strong and growing economy supports community resilience.

Sustainability Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets.

PAGE 63

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

DS/138/2013 22 February 2013 Total Property Developments 31 Doak Street and 76 Lloyd Street, EAST BENDIGO Residential 1 Zone No overlays

Subject Site and Surrounds The town planning report submitted with the application describes the site thus: "The described land is approximately 2,125m2 and is made of four titles. The titles are formally identified as Lot 1 on Title Plan 189257Q (Vol 8985 Fol 824 and Vol 8985 Fol 825).

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

The property is irregular in shape and split in two by a Coliban Water rural pipeline. The pipeline reserve is about 7.5m wide and previously contained an open water supply channel (now piped). On the east side of the pipeline reserve is the existing dwelling whilst on the west side there is a triangular shaped part of the property that is basically land-locked with a narrow inaccessible strip of land with frontage to Lloyd Street. The property has a 60m frontage to Doak Street which provides access to the existing dwelling. The remaining boundaries either front the pipeline reserve or existing development on residential land.

PAGE 64

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

The existing dwelling is of modern design with a carport at the front and pool and decked area at the rear. The dwelling is surrounded by manicured gardens whilst the remainder of the site is covered in scattered trees and native grasses. The property falls quite steeply from Doak Street in a west direction whilst there is a depression / low-point running along the south boundary of the site."

Proposal It's proposed to subdivide the site into three residential lots.

Lot 1 will contain the existing house and will be 1059m2.

The remaining lots, Lots 2 and 3, will be situated on the south side of the dwelling and will be separated either side of the existing water pipeline. Lot 2 will be the smallest lot in the subdivision at 350m2 and will directly front Doak Street. Lot 2 will be triangular in shape, and will have a frontage width of 23m.

Lot 3 will occupy the rear portion of the site, notionally "behind" the water pipeline. This means that Lot 3 will not have a frontage to Doak Street. Vehicle access to Lot 3 will be via a carriageway easement over the water pipeline. Lot 3 will be 716m2.

All the lots in the subdivision will be fully serviced. It is presumed that most vegetation on the Lots 2 and 3 will be removed when dwelling construction occurs (no permit is required). There are two native trees in the nature strip in front of the site - a River Red Gum and a Red Ironbark. The Ironbark tree will be removed.

Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone. There are no overlays covering the site. The zoning of the site triggers the requirement for a planning permit.

The following provisions in the planning scheme are relevant to the application.

State Planning Policy Framework  Regional development (clause 11.05).  Urban environment (clause 15.01).  Sustainable development (clause 15.02).  Residential development (clause 16.01).  Development infrastructure (clause 19.03).

Municipal Strategic Statement  Municipal profile (clause 21.01).  Key issues and influences (clause 21.02).  Vision - strategic framework (clause 21.03).  Strategic directions (clause 21.04).  Settlement (clause 21.05).  Housing (clause 21.06).  Reference documents (clause 21.10).

PAGE 65

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Local Planning Policies  Salinity and erosion risk policy (clause 22.04).  East Bendigo residential character policy EB4 (clause 22.12).

Other Provisions  Residential 1 Zone (clause 32.01).  Easements, restrictions and reserves (clause 52.02).  Residential subdivision (clause 56).  Decision guidelines (clause 65).  Referral and notice provisions (clause 66).

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

Comment

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

Tenix

No objection subject to conditions

Development Engineer (internal)

No objection subject to conditions

Public Notification The application was advertised to the public by mail and an on-site notice. The owners of a neighbouring property have objected to the proposal because of concerns about neighbourhood character. The grounds of objection are discussed later in this report.

An on-site meeting was held with the objectors to talk about their opposition to the proposal.

Planning Assessment Neighbourhood character Neighbourhood character is the key issue relevant to an assessment of the application.

The site is in a part of East Bendigo that is covered by the East Bendigo Residential Character Policy. This policy applies to the subdivision of land. The overall objectives of the policy are:

PAGE 66

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

There are four East Bendigo character precincts identified in the policy. The site is in East Bendigo Precinct 4 (EB4). The character description for the EB4 precinct and a statement of desired future character is expressed in the policy thus:

The policy goes on to set out a list of six specific objectives and design responses which subdivision proposals and other developments should aim to meet.

The boundaries of the EB4 precinct are defined in the planning scheme (see the map at the end of this report). The subject site is located towards the northern boundary of the precinct which ends at Lloyd Street. The precinct takes in all the properties on the west side of Doak Street but only some properties on the east side of this street. McIvor Highway represents the southern boundary of the precinct. Overall the precinct encompasses about 48 residential properties.

The character elements that define the precinct are relatively easy to discern. Remnant native vegetation, in the form of mostly Box-ironbark trees, is prevalent throughout the area and it forms a strong defining feature of the precinct. Native trees are often blended with exotic gardens to give properties an attractive bush setting. Local streets in the precinct are quite wide which provides for a sense of spaciousness and ample scope for street tree plantings. The topography of the precinct also adds to the precinct's visual appeal.

PAGE 67

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Figure 2: Aerial photo of the site

Dwellings within the precinct are almost exclusively detached in form. There are a variety of housing styles and sizes. There is no uniformity amongst houses in terms of frontage setbacks. There is predominately no front fencing.

Lot sizes within the precinct vary. Some of the largest properties in the precinct are found opposite the subject site and these range between 2000m2 - 4000m2. There is also a relatively large land parcel directly to the south of the site, on the corner of Doak Street and Lansell Terrace, which is about 5000m2 (plans are afoot to possibly redevelop this land). Relatively small lots are present in the precinct too. Properties on the east side of Bignold Avenue are around 750m2, as is the property directly adjoining the northern boundary of the subject site. The smallest lots in the precinct are located in Lansell Terrace and they consist of a row of three townhouses on lots between 215m2 - 360m2.

PAGE 68

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

To the casual observer the southern half of the subject site - to the south of the existing dwelling - is somewhat of a gap in the streetscape (although not an unattractive gap due its vegetated appearance). The space is generally under-utilised from a development perspective. However, the water supply pipeline that traverses this space does represent a significant constraint. In effect the pipeline reserve divides the space on the south side of the dwelling into two parts - notionally a "front" part, with a frontage to Doak Street and a "rear" part. The front and rear parts correspond to Lot 2 and Lot 3 respectively on the proposed plan of subdivision.

It's reasonable to allow infill development to occur on Lot 3 (the rear part) since it is well set back from Doak Street. In this location any future dwelling on Lot 3 will only have a modest impact on the appearance of the streetscape. The topography of the land will also help to conceal Lot 3 from the street - the land generally falls away from Doak Street meaning that any dwelling on Lot 3 will be lower relative to the street level. The objectors have conceded that Lot 3 is generally acceptable.

Lot 2 is more problematic because the lot size is smaller (350m2) and the lot will have a direct frontage to Doak Street. Future built form on Lot 2 will be clearly seen from the street. The objectors argue that this outcome will be odds with the character of Doak Street.

Following a careful examination of the streetscape this author believes that partial or full concealment of future built form on Lot 2 is not necessary. The ability to see a new house on Lot 2 won't detract from the character and appearance of the streetscape. This conclusion is justified because of the visual prominence of the existing house that will adjoin Lot 2. The carport of this house is built to the front boundary of the property. While the remainder of the house is set back, it features a two storey element that is quite prominent. The use of a white render finish for the entire house also adds to its boldness in the landscape.

The house to the north of the subject site is also partially built to Doak Street and it features quite a stark solid fence along this boundary.

In the context of these adjoining properties a dwelling on Lot 2 won't appear as a foreign element in the streetscape. Even at two storeys, any future built form is likely to appear in proportion to the height of the existing dwelling on the site. Lot 2 will also allow a suitable side separation to be achieved between Lot 2 and the existing house and this will provide a modest break in the likely visual bulk. The size of Lot 2, while somewhat constrained, will still allow scope for a frontage setback - notional house plans submitted with the application show a 4.7m setback is possible which is in line with the front of the existing dwelling on the site (see the attachment at the end of this report). The frontage will be open, without front fencing, as encouraged by the character policy.

In terms of lot density, the proposed subdivision will be comparable to the size of other properties within the precinct.

PAGE 69

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Vegetation will be lost on the site as a result of the subdivision but this is not grounds to reject the proposal. The vegetation within the boundaries of Lot 2 and 3 is a combination of exotic, non-indigenous native and native indigenous vegetation. Most of the foliage greenery on the site is introduced exotic vegetation, none of which is regarded as significant. A considerable amount of the vegetation is obscured from the street. There is scope for the future owners to retain two mature Ironbark trees on Lot 3 which are of reasonable health and sound structure.

There are two trees in the nature strip in front of the site - a River Red Gum and a Red Ironbark. It's proposed to keep the River Red Gum and apply a 9m tree protection zone around its base as a condition of the permit. With respect to the Ironbark tree, it is in the latter stages of decline and on this basis the removal of this tree is supported to accommodate the proposed development.

Overall, the proposed subdivision shows adequate regard to the bush-garden elements and sense of openness that defines the character of the EB4 precinct. While any future dwelling on Lot 2 will be visible from the public realm, the introduction of a new building element into the streetscape won't be detrimental to character and appearance of Doak Street given the context of the existing houses to the north of the lot.

Compliance with Clause 56 Clause 56 in the planning scheme sets out design objectives applicable to residential subdivision. The proposed subdivision meets these objectives. In particular, it's noted that: The new lots created by the subdivision will be fully serviced.

The lots are close to services and community facilities in East Bendigo and the Bendigo CBD. The new lots will be capable of accommodating a future dwelling owing to their size and dimensions. Indicative house plans have been prepared for Lot 2.

The lots will add to the diversity and supply of lots within Bendigo.

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

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

Attachments A copy of the objection.

PAGE 70

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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 land at 31 Doak Street and 76 Lloyd Street, East Bendigo, which allows for the subdivision of the land into 3 lots and the creation of a carriageway and services easement, subject to the following conditions: 1.

AMENDED PLANS Before the plan of subdivision is certified amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then form part of the permit. The plans must be generally in accordance with the Revision C plan (dated 15/6/2013) submitted with the application but modified to show: a Tree Protection Zone of 9m in radius around the base of the existing River Red Gum tree which is located close to the south-east corner of the site.

2.

LAYOUT MUST NOT BE ALTERED The layout of the subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

3.

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

4.

TREE PROTECTION ZONE The plan of subdivision must include a Tree Protection Zone restriction in accordance with the endorsed plan. No building or construction activity may be constructed or carried out inside the Tree Protection Zone shown on the endorsed plan.

5.

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) Easements as required.

6.

STORMWATER DETENTION Before a statement of compliance is issued for the subdivision the developer 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 2: Q5 = 1.2 l/s, Lot 3: Q5 = 2.4 l/s.

PAGE 71

Planning for Growth - Reports

7.

Ordinary Meeting - 21 August 2013

STORMWATER QUALITY Before the subdivision starts the developer 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 $900 or such amount applying at the time of payment.

8.

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.

9.

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

10. PUBLIC ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb and channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

PAGE 72

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

12. POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act. (b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with 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.

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

14. TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with: • A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. (b) Before the issue of a statement of compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

PAGE 73

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

• A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

15. EXPIRY OF THE PERMIT This permit will expire if: (a) The plan of subdivision is not certified within two years from the date of this permit; or (b) The subdivision is not completed within five years from the date of certification of the plan of subdivision.

The responsible authority may extend the time for certification of the plan if a request is made in writing before the permit expires or within six months afterwards.

PAGE 74

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

PAGE 75

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Indicative house plans for Lot 2

PAGE 76

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Extract from East Bendigo Residential Character Study Precinct EB4

PAGE 77

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.7 LANDSCAPE ASSESSMENT PROJECT - ADOPTION OF THE LANDSCAPE ASSESSMENT REPORT FOR BIG HILL AND MANDURANG VALLEY Document Information Author

Mark Stubbs, Senior Strategic Planner

Responsible Director

Prue Mansfield, Planning and Development

Summary/Purpose This report provides Council with an overview and update on the Landscape Assessment for Big Hill and Mandurang Valley. The report includes a summary of the recent public exhibition process and the submissions received. A revised Landscape Assessment Report is presented for Council consideration in response to the submissions and further coordination on identified implementation actions.

Policy Context Council Plan (2009-2013) Reference: Built and Natural Environment: o Strategy 1.9: ‘Provide clear planning policy direction and to improve systems so that sound decisions are made promptly for land use and sustainable development.’ Action 1.5.2: ‘Complete the Rural Areas Strategy and undertake any necessary Planning Scheme changes.’

Strategy Reference: The Rural Areas Strategy (2009).

8. Future Strategic Work: Significant Landscape Overlay – A study for the Big Hill escarpment, parts of the Mandurang Valley and areas of the Campaspe/Axe Creek.

Background Information On 6 July 2011, Council endorsed a project brief describing the purpose and scope of a landscape assessment covering the areas of Big Hill and the Mandurang Valley.

The broad purpose of the landscape assessment was to determine the values and significance of the study area landscapes and develop a planning and management response to how they may be affected by change in the future. The project has sought to:

PAGE 78

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Define and describe (with photos, maps and description) the visual character of the landscapes; Determine which aspects of the landscapes, including views and vistas, to and from the area, are the most significant and why; Explore the community’s values of the character and significance of the Big Hill and Mandurang Valley landscapes; Evaluate various forms of development that have occurred in these areas and their impact on landscape character and significance; Identify a guiding vision for the Big Hill and Mandurang Valley landscapes; and, Recommend ways in which the valued aspects of the landscapes can be holistically managed and protected – both through local landowner, community and government agency initiatives, including revised policy guidance in the Greater Bendigo Planning Scheme.

The landscape assessment has sought to establish a model process for potential application to other landscapes throughout Greater Bendigo (e.g. Axe Creek, Heathcote) at a later time.

Report Priority/Importance High – Urban growth across the municipality has generated considerable pressures to develop the rural landscape for residential, rural residential and other low density living.

This is largely a reflection of the strong demand for a rural residential lifestyle in close proximity to a major regional city. Because this development has the capacity to progressively transform the rural landscape, a more informed understanding of landscape values and significance is needed as a foundation for managing development and other change. The Rural Areas Strategy recognised this issue and established the mandate to investigate three of Bendigo’s rural landscapes – Big Hill, Mandurang and Axe Creek. Axe Creek was omitted from the study due to funding constraints.

Procurement A Consultant, Planisphere Pty Ltd, was appointed in September 2011 to carry out this project in conjunction with the City of Greater Bendigo (CoGB) following a competitive procurement process.

Governance Two main groups were established to provide governance for the project – a Steering Group and a Reference Group.

The Steering Group oversaw and provided general direction to the project.

Representation included three Councillors covering each of the then Eppalock (Cr Campbell), Kangaroo Flat (Cr Lyons) and Strathfieldsaye Wards (Cr Reynard), various City staff to draw on relevant service unit expertise, and a senior representative of the Department of Planning and Community Development (DPCD).

PAGE 79

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

The Reference Group comprised up to twelve individuals and representatives of organisations with the capacity to bring specialist knowledge, skills, information and resources. Representation included: Farming Consultative Committee; Heritage Advisory Committee; Natural Environment Advisory Committee; Department of Sustainability and Environment; Parks Victoria; Heritage Victoria; and, Aboriginal Affairs Victoria.

Steering and Reference Group meetings were held, ‘back-to-back’, at milestone points of four stages during the course of the project.

The Process to Prepare the Landscape Assessment Project The Plan represents the culmination of an ongoing process of community and stakeholder engagement and collaboration, connected to various stages of research, analysis, conceptualisation and planning, as summarised in Appendix A. The project commenced in mid-January 2012 and has been completed over a timeframe of approximately 12 months.

Summary of Study Findings and Recommendations The following section provides an overview of the main components of the Landscape Assessment Report, which is circulated separately, in full, as Appendix A. The report is structured according to six sections, as follows: 1.

Introduction

The introduction sets out the background to the project and gives an explanation of the study process, in particular the methodology used to assess landscape character and values, to identify change and management issues, to understand the planning policy gaps and then to determine the response in the form of a landscape management framework. Here, the project is also placed in the context of a best practice review of landscape assessment, locally and internationally.

2.

Landscape Character

This section addresses the assessment of landscape character. It begins by placing the study area within a wider contextual description of the ‘Greater Bendigo’ landscape. An explanation is given how the interplay of physical landscape characteristics, together with land use and built environment interventions, creates differences between one landscape and another and so forms the basis of landscape character definition. Six Character Areas are defined and described for the study area, each including observations of historic landscape change, anticipated future change, and consideration of the landscapes’ sensitivity to this change.

PAGE 80

Planning for Growth - Reports

3.

Ordinary Meeting - 21 August 2013

Community Values

Various community participation activities, including workshops, surveys and a photographic activity, have provide some insight into the local perspective on landscape values, community concerns about the landscape and preferences for how landscape change is managed.

Whilst acknowledging that a limited proportion of the local community has participated actively in the project, community values as documented reflect a quite consistent alignment to the visual, natural, historic and social elements of the study area landscapes. Community feedback recognised that landscapes will change over time, and demonstrated a concern about the impact of this change. However equally, participants emphasised change, particularly through development, need to be compatible with landscape values.

4.

Landscape Significance & Values Assessment

In this section, a series of landscape value categories are described – visual values, historical and cultural values, environmental/scientific values, social values, economic values, and other miscellaneous values – and then described according to each of the six Character Areas.

For example, a visual value of the Big Hill Character Areas (1 & 2) is the “spectacular panoramic views and scenery, unique setting with rolling hills, granitic outcrops and distant views to the surrounding ranges”. A social value of these areas is the “quiet and peaceful location, removed from but still within reach of the city centre”.

The main finding of the landscape values analysis is that the highest landscape values are found in the two Big Hill Character Areas and the Box Ironbark Forests Character Area.

5.

Future Directions

Statements of future character directions are given for each of the Character Areas. The statements convey a broad sense of the preferred character and condition of the landscape to be carried into the future, recognising that change can and will occur, but should do so within managed limits. Their basis originated during the landscape characterisation stage of the project, and has been further developed by subsequent analysis of landscape values.

6.

Landscape Management Framework (LMF)

The LMF is, in effect, the implementation plan for the project. It puts the landscape assessment findings into practice across a range of disciplines covered by the City of Greater Bendigo’s service areas. Coordination with relevant service areas has taken place to ensure that the scope, responsibility and timing of actions is appropriate. The implementation actions can be divided into two main spheres – statutory actions and non-statutory actions.

Statutory Actions – Changes to the Greater Bendigo Planning Scheme PAGE 81

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

The Planning Scheme fulfils an important ongoing role to manage landscape outcomes in response to landscape objectives. The following Planning Scheme changes are recommended: Strengthening the Municipal Strategic Statement, including specific reference to the study area landscapes, the key issues, objectives and strategies; potentially under a section entitled ‘Landscape Character’ within Clause 21.08 Environment.

The addition of a new Local Planning Policy.

The application of the Significant Landscape Overlay (SLO) to specific parts of the study area. This policy would be structured according to Schedules corresponding to the identified Character Areas, state the future character directions and specify permit and application requirements associated with particular types of development, informed by the identified landscape sensitivity to change and landscape threats.

A review of Schedules to the Rural Zones.

Inclusion of the Landscape Assessment Report and its Design and Development Guidelines (to be further refined for statutory policy purposes) as a Reference Document.

These actions, when in the Planning Scheme, govern decisions made on planning permit applications.

Non-Statutory Actions A specific intent of this project is to recognise the complexity of factors in landscape change and to identify, in addition to the planning policy measures, available nonstatutory actions as part of a more comprehensive management response. This framing of the project has led to the emergence of the concept of landscape ‘custodianship’.

Inherent in this idea is an understanding that all people, whether they live, work, visit or manage land or development, within the study areas landscapes, interact with and affect the landscape and so have a role in its stewardship for the present and future.

The LMF includes actions linked to the management of a range of specific landscape issues, ranging from development concerns such as our broader pattern of settlement and subdivision and lot size, to environment and landscape issues such as native vegetation, roadside vegetation, erosion and salinity. Actions related to the promotion, education and support of landscape management are also identified.

The framework of actions corresponds with the focus of the project on landscape character and values, landscape change and future planning and management.

Because there has not been a specific and comprehensive study, for example, of the ecology of the landscape or of the geology of the landscape, the actions related to these topics are necessarily broad, in recognition of their influence as one of a range of influencing factors. For similar reasons, the framework is also not absolute or exhaustive.

PAGE 82

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Public Display and Response to Submissions The Draft Landscape Assessment Report was made available for public viewing and comment for four weeks between 10 October and 8 September 2012.

Notice of the display was given via a media release, a webpage update and community bulletins distributed to all residents and landowners within the study area, development industry representatives and government agencies. Listening posts were held locally in Big Hill and the Mandurang Valley to provide the opportunity for direct discussion about the project with the project team.

Eight (8) written submissions were received during the public display period. Appendix B contains a summary of each submission, as well as a corresponding recommendation for any consequential changes to the Landscape Assessment Report. Recommendations were formulated by the project team and then discussed and agreed with the Steering Group and Reference Group.

Several submissions sought some change to the recommendations of the Landscape Assessment Report. Where no change is recommended by officers in response, an explanatory note is provided. Submissions received from private individuals are not identified by name for privacy reasons. The version of the Landscape Assessment Report (Attachment A) presented to Council for adoption reflects the recommended changes.

Submitter Presentations Submitters were invited to present their views and concerns directly to Council at dedicated session held on 23 April 2013. This presentation session was recommended by officers at the Council Forum held on 27 February. It provided the opportunity for submitters to put their views and concerns directly to Council and for Councillors to factor this information into their decision-making about the Landscape Assessment Report and the associated recommendations of officers. The submitter presentations were not held for the purpose of altering officer recommendations about the Landscape Assessment Report.

A number of Councillors also took part in a briefing and bus tour of the study area on 19 April 2013.

Proposed SLO Boundary The Landscape Assessment has been carried out according to a study area which was broadly identified in the original project brief and subsequently refined in the first stage of the project based on initial field investigations.

A particular issue likely to be raised is the location of the southern boundary of the SLO in the Big Hill area. The boundary was identified in the Landscape Assessment following a thorough and detailed assessment of the study area by recognised experts in their field. There is no analysis or evidence to support the movement of the SLO boundary further north.

PAGE 83

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

It is worth noting that the Landscape Assessment recommends that consideration is given to approaching the Mount Alexander Shire Council regarding the need to further investigate the landscape values that cross municipal boundaries.

Director's Comments As can be seen from the attached map, the evidence and analysis has already reduced the area under consideration. Since then, there has been discussion about moving the SLO boundary further north.

There is no evidence from all the research and analysis done to date about where such a boundary would be, that would not compromise the values identified by the majority of those involved, as important to retain.

Finding a location further north to locate what would be an arbitrary rather than evidence - based, southern line of the SLO area is problematic.

Any boundary of the overlay needs to be able to be clearly delineated in maps and property boundaries.

There are 2 possibilities: 1. Beilhartz Lane This would exclude 30% of the area recommended to have the SLO applied, (marked on the map with a purple, dashed line).

2. A boundary that follows the unused road and property boundaries, (marked on the map with a yellow, dashed line).

This still excludes a significant proportion of the area recommended for the application of the SLO. Neither of these options are supported for the reasons discussed extensively in the report.

PAGE 84

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Overview of Next Steps Should Council resolve to adopt the Landscape Assessment, a substantial and rigorous process will be followed to give effect to the planning policy recommendations of the Landscape Assessment. This process involves seeking changes to the Greater Bendigo Planning Scheme by an amendment.

The content of the amendment will cover the policy aspects mentioned earlier in the report and will be prepared by Council officers. Peer review of will be provided by the consultant team who prepared the Landscape Assessment.

During the amendment process there will be ample opportunity for landowners and other stakeholders who have an interest in the project to lodge a written submission which will be considered by Council and ultimately an Independent Panel of experts appointed by the Minister for Planning.

To ensure that the community has ample time to consider the exhibited amendment it is recommended that the exhibition period be extended from the one month minimum to six weeks.

PAGE 85

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Given the history of the Landscape Assessment project, submissions should be anticipated. It is also likely that the submissions will be diverse and therefore not fully resolvable by Council. In this event, the Independent Panel will be requested to review the amendment proposal, consider submissions and provide recommendations based on their expert advice. Officers have identified that it will be appropriate to request that the panel includes representation that can provide specialist advice on landscape planning matters.

Once the panel report has been received, Council will have the following options: adopt the amendment, abandon the amendment, or adopt the amendment with changes.

In other words, Council is not bound to accept any or all of the recommendations of the panel.

Officers consider that the planning scheme amendment process, incorporating review by an independent, specialist panel, will provide the most rigorous basis for assessing the amendment and submissions. This in turn will provide a stronger evidence base for Councilâ&#x20AC;&#x2122;s decision-making in this matter.

Resource Implications The total project budget was $82,500 (exclusive of GST). The project has been completed to its current stage with a small budget overrun (approximately 5% of the total project budget) for costs related to additional community engagement and Council briefing.

Attachments Landscape Assessment Report, February 2013

PAGE 86

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

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

Adopt the Landscape Assessment Report for Big Hill and Mandurang Valley, dated February 2013.

2.

Advise submitters of this decision, of the responses to individual submissions and provide a copy of the adopted Landscape Assessment Report.

3.

Request the Minister for Planning to authorise Council to prepare a Planning Scheme Amendment to implement a Significant Landscape Overlay and associated design guidelines in accordance with the recommendations of the Report.

4.

When requesting authorisation highlight that the location of Significant Landscape Overlay boundaries is likely to be a key issue.

5.

That the exhibition period for the planning scheme amendment be extended from one month to six weeks.

PAGE 87

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Appendix A. Submissions Summary, Response and Recommendations Table 1. Sequence of Project Work and Engagement

Activity

Purpose

Council Meeting 1

Council endorsement of project brief.

Consultant Contract preparation and Procurement consultant engagement.

Stage 1 - Inception (Jan-Feb 2012) Background research Broad liaison to document a including engagement comprehensive range of with targeted planning issues for Eaglehawk.

Steering Group Project introduction, meeting 1 explanation of study process Reference Group and timeline, community meeting 1 engagement plan, role of Steering and Reference Groups.

Council Meeting 2 Update report to advise Consultant procurement and delay in project commencement.

Community Bulletin 1 Project introduction, explanation of study process and timeline, promotion of photographic activity and â&#x20AC;&#x2DC;pocketâ&#x20AC;&#x2122; survey.

Media Release 1

As above.

Community Photographic Activity

Landscape photography from community perspective to assist in identifying community values.

Participation

Date

Council, CoGB Executive CoGB & Planisphere

July 2011 Jul-Sep 2011

Various government agencies, local specialists and landowners Project Team, CoGB, Ward Councillors, Government agency and community representatives

FebMar 2012

Council, CoGB Executive

22 Feb 2012

Landowners and residents in study area, development industry, government agencies and miscellaneous groups and individuals All

28 Feb 2012

Landowners and residents in the study area, local schoolchildren (over 100 photos submitted).

Stage 2 - Landscape Characterisation (Feb-Mar 2012) Character Area Define and rationalise the Project Team, Steering Analysis Papers study area as a series of Group, Reference (CAAPs) character areas distinguished Group from one another by their relative physical and visual characteristics.

CoGB News Media Feature article to promote the All Release project.

Steering Group Review and endorsement of Project Team, CoGB, meeting 2 draft Character Area Analysis Ward Councillors, Reference Group Papers (CAAPs).

Government agency meeting 2 and community representatives.

PAGE 88

2 Feb 2012

28 Feb 2012 FebApr 2012

FebApr 2012

18 Mar 2012 29 Mar 2012

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Activity

Purpose

Participation

Date

Community Bulletin 2

Project update including CAAPs summary and link to full CAAPS for comment.

Community â&#x20AC;&#x2DC;pocketâ&#x20AC;&#x2122; survey extension and notice of community workshops.

As above.

Landowners and residents in study area, development industry, government agencies and miscellaneous groups and individuals.

All

4 Apr 2012

Landowners / residents (45 participants), Project Team.

18 Apr 2012

Landowners / residents (25 participants), Project Team.

Landowners / residents (19 participants), Project Team.

19 Apr 2012

Media Release 2

Stage 3 - Landscape Values (Apr-May 2012) Mandurang Identify community Community perceptions of landscape Workshops (afternoon values. and evening) Big Hill Community Identify community Workshops (afternoon perceptions of landscape and evening) values.

Pocket Survey Community input about which Responses landscape areas and elements are significant and why.

Steering Group Consideration of the Draft meeting 3 Landscape Assessment Reference Group Report. meeting 3

Project Team, CoGB, Ward Councillors, Government agency and community representatives.

Council Meeting 3 Update report to advise on Council, CoGB progress and findings to date. Executive Stage 4 - Landscape Management Framework (Jun-Aug 2012) Draft Landscape Present the landscape Project Team, Steering Assessment Report character, significance and Group, Reference values assessment, outline Group. future directions and describe the management framework, including policy recommendations.

Council Forum, Explain the summary findings Council, CoGB Council Meeting 4 of the draft Landscape Executive Assessment Report and seek endorsement for public display.

Community Bulletin 3 Project update including Landowners and summary findings of draft residents in study area, Landscape Assessment and development industry, the public display opportunity. government agencies and miscellaneous groups and individuals.

Media Release 3 As above All Stage 5 - Community Exhibition & Report Finalisation (Sep 2012-Mar2013)

PAGE 89

4 Apr 2012

27 Apr 2012

28 June 2012

4 July 2012 Sep 2012

5 Sep 2012

7 Sep 2012

7 Sept 2012

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Activity

Purpose

Participation

Date

Public Display Period

Opportunity for public review and comment on the Draft Landscape Assessment Report.

Display of Landscape Assessment Report findings.

Opportunity to discuss the project with CoGB staff.

Display of Landscape Assessment Report findings.

Opportunity to discuss the project with CoGB staff.

Review of preliminary recommendations in response to written submissions.

All

10 Sep â&#x20AC;&#x201C; 8 Oct 2012

All

26 Sep 2012

All

27 Sep 2012

Listening Post (Mandurang Valley)

Listening Post (Big Hill)

Steering Group meeting 4 Reference Group meeting 4

Project Team, CoGB, 1 Nov Ward Councillors, 2012 Government agency and community representatives.

Further reporting withheld due to introduction of newly-constituted Council.

Provision to be made for Council briefing on the project ahead of any further decision-making.

Implementation Liaison with various CoGB CoGB JanCoordination service units to coordinate Feb and finalise the identified 2013 implementation actions.

Revised Landscape Incorporate recommended Project Team, Steering Feb Assessment Report revisions in response to Group, Reference 2013 public display submissions. Group.

Community Bulletin 4 Project update including Landowners and 4 Feb advice on response to residents in study area, 2013 written submissions and development industry, consideration of the revised government agencies Landscape Assessment and miscellaneous Report by Council. groups and individuals.

Council Forum Project update and Council, CoGB 27 Feb overview of Vision and Executive 2013 Concept Structure Plan.

Project Briefing and Explanatory briefing of Councillors and Project 19 April Study Area Bus Tour Councillors about key areas Team 2013 of question and debate (based on submissions).

Exploration of the study area for Councillor information and experience.

Submitter Opportunity by invitation for Councillors and 23 April Presentations to Submitters to present their Submitters 2013 Council views and concerns to Councillors.

Council Forum To review project activity Council, CoGB 15 May since the last Council Executive 2013 Forum and deliberate on any issues of concern or contention for Councillors.

PAGE 90

Planning for Growth - Reports

Activity Councillor Information Session

Council Meeting 5 (scheduled â&#x20AC;&#x201C; subject to direction at Council Forum)

Ordinary Meeting - 21 August 2013

Purpose Describe prospective planning policy changes as a result of this study and implications for development within areas where the SLO is proposed.

To consider the Landscape Assessment Report for adoption.

PAGE 91

Participation

Date

Project Team, Councillors

28 April 2012

Council, CoGB Executive

19 June 2013

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Appendix B. Submissions Summary, Response and Recommendations Submitter

Submission Summary

Response and Recommendation

Submission A

1. Generally supportive of report. Is concerned about loss of habitat, DSEcontrolled burns, tree clearing for powerlines, domestic cats harming wildlife and birds being killed in netting.

1. Actions related to landscaping and weeds on private property are addressed through the LMF and Design & Development Guidelines.

Other items are managed through separate established policies and processes.

1. Does not support application of SLO on their property as it is not visible from the train line/Calder Highway.

1. Availability of views to this landscape from the train line or highway is only one consideration in determining the need for additional measures in its management. The SLO is recommended to be applied in this location as it forms the foreground to the Bill Hill range and is part of the Granitic Uplands Character Area, which is considered to be a significant landscape within this area. The landscape is visible from the Big Hill ridgeline and can be accessed and experienced from local roads and private property.

This property is noted to be within the Farming Zone. In contrast, all other properties in this Character Area are within the Rural Conservation Zone (RCZ), and are excluded from the SLO as the RCZ has sufficient landscape protection provisions.

Submission B

2. More concerned about weeds than views.

3. Considers that Mount Alexander Shire should also be investigating landscape significance of adjoining land to the south of the study area.

Recommendation: No change to plan.

2. Weed management objectives contained in LMF. 3. Agreed. The Mount Alexander Shire is on the project mailing list and is updated on project activity.

Recommendation: Include action in Report for City of Greater Bendigo to initiate discussion with Mount Alexander Shire in relation to continuation of landscape assessment of the Big Hill range.

Otherwise, no change to plan.

Expanded Existing State and Local Government Policies section in the Landscape Management Issues to include detail about policies of PAGE 92

Planning for Growth - Reports

Submitter

Ordinary Meeting - 21 August 2013

Submission Summary

Response and Recommendation adjacent municipalities.

Included action in Implementation Table on Municipal Boundaries.

Submission C

1. Proposes greater protection of part of the upper catchment of the Bendigo Creek.

1. This section of Bendigo Creek (between Furness St & Cannon Lane) is outside the study area.

Environmental Significance Overlays (Schedules 1 & 2) already exist on this section to protect the quality of the waterway. Design & Development Guidelines contain recommendations to discourage stock grazing to edge of creeks.

Recommendation: No change to plan. This issue has been referred to the Bendigo Residential Development Strategy review.

Submission D

1. Fully supportive of plan.

1. Noted.

Recommendation: No change to plan.

(Big Hill Action Group) Submission E (CPG on behalf of Ravenswood Run)

1. Does not support application of SLO to the extent proposed in the Draft Report based on detailed analysis of views to their property (see attached summary for details).

1. Refer to detailed submission summary and response below.

PAGE 93

Recommendation: Options for Big Hill SLO boundary discussed in detail with SG/RG. No change to plan recommended.

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Submitter

Submission Summary

Response and Recommendation

Submission F

1. Concerned with inclusion of property (bounded by Calder Highway, Calder Alternate Highway & Belvoir Park Road) as it will impact upon future potential to subdivide.

Wants to divide into lots of 10-15 acres to maintain landscape and assist in management of existing issues (weeds, erosion, etc).

1. The potential for subdivision in this location depends on a range of land use planning factors (eg. location of the UGB, requirement/ capability of land for agriculture, provision of services and transport) in addition to landscape management issues.

Application of the SLO will not prevent development of land, but will require more detailed consideration of landscape values and a sensitive design response.

The Calder Alternate Highway is a key viewing corridor to the western section of the Big Hill range.

Glimpses of the range are available through the trees and undulating topography of the land between the Calder Alternate Highway and Belvoir Park Road.

Recommendation: Options for Big Hill SLO boundary discussed in detail with SG/RG. No change to plan recommended.

Submission G

1. Not impressed with report nor the planning system in general.

2. Believes the study should propose fewer planning â&#x20AC;&#x2DC;rulesâ&#x20AC;&#x2122;, which tend to stifle development and flexibility, and offer a more creative, non-traditional response to issues such as minimum lot sizes and development near forested areas with high bushfire risk.

Submission H (DSE)

1. Consideration of threatened species and communities of native vegetation to be given.

1. Comments noted.

2. The issues highlighted are beyond the defined scope of the landscape assessment. Consideration of lot sizes and development close to forest is based upon many other factors, including City-scale strategic planning objectives and land capability. Policy such as the BMO is in place to address issues relating to fire risk.

Recommendation: No change to plan.

1. Reference is made in the report to native vegetation, but not specifically to threatened species.

Recommendation: Include reference to threatened species in Values Assessment and Landscape Management Framework.

Detail included in Landscape Management Issues section and Implementation Table.

PAGE 94

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Detailed Summary and Response to Submission E.

Submission Summary

Response and Recommendation

Revise CA1 into two areas (ridge and low lying farmland) to better reflect landscape character and existing/potential settlement patterns. Remove latter from SLO.

Big Hill and the largely undeveloped farming land to the south is considered in this study as a single landscape unit. The documentation of landscape character, values and significance recognises the different features of this Character Area, being the ridge and southern slopes of Big Hill and the adjoining farming land. While these features are different in nature, it is considered that they combine to form a single landscape that should be assessed as a whole entity. The land to the south of Big Hill forms the setting for, and the foreground of views to, Big Hill. The undulating foreground landscape cannot be distinguished from the base of the Big Hill formation, and both seem to form a single landscape unit. The foreground and rise of Big Hill are an intrinsic part of the viewing corridor experience along this southern gateway into Bendigo.

Recommendation: No change to plan.

SLO has been widely applied to areas of cleared, undulating farming land that is typical of the area around all of Bendigo, and adjoining area south to Mt Alexander Shire. This is not a unique, rare or threatened landscape.

The significance of Big Hill has been documented in the report. The largely undeveloped character of the landscape within the foreground of Big Hill is a key feature of Character Area 1. The land to the south of Big Hill forms the foreground of views to Big Hill and an important part of the southern gateway into Bendigo.

The view from the Big Hill ridgeline to Mount Alexander displays clearly the landscape character and its Suggest SLO is only applied to topographic features, with development largely concealed elevated areas of high visual by vegetation. prominence.

It is considered important that new development in this area is sited and designed to be respectful of the landscape and to retain this largely undeveloped character.

The southern boundary of the SLO is based upon the clearly defined extent of road corridors, at a location considered to be the edge of the broader landscape setting of Big Hill.

This area was selected for a landscape assessment as it has been identified by the Rural Areas Strategy as significant within the context of Greater Bendigo.

Recommendation: Options for Big Hill SLO boundary discussed in detail with SG/RG. No change to plan recommended.

Include action in report for City of Greater Bendigo to initiate discussion with Mount Alexander Shire in relation to continuation of landscape assessment of the Big Hill range.

PAGE 95

Planning for Growth - Reports

Undertake a viewshed analysis to justify SLO boundary.

Ordinary Meeting - 21 August 2013

The exact extent of the SLO boundary can be based upon a number of considerations, such as defined edges of landscape features, property boundaries, contours or roads. The boundary of the SLO for Big Hill has been based upon the extent of landscape that is considered to form the foreground of Big Hill and the southern gateway to Bendigo, and the landscape that falls within views from Big Hill to the south.

The direct visibility of a landscape from a public viewing area is not the sole consideration for application of an SLO extent, rather one of many considerations about landscape management.

Recommendation: Options for Big Hill SLO boundary discussed in detail with SG/RG. No change to plan recommended.

Revise recommendations regarding subdivision and lot sizes for all areas aside from those of high significance.

The report recommends that the 40ha minimum lot size only be waived where stringent control on building design and vegetation are introduced.

Application of SLO will not prevent development of land, but will require more detailed consideration of landscape values and sensitive design response.

Recommendation: No change to plan.

Residential development of three levels of density proposed across site.

Protect Big Hill ridgeline as a key landscape feature. Create buffer zone along ridgeline comprising fire buffer zone directly adjacent to National Park plus low density development zone of 8-10ha lots.

Significant landscape features mapped (creeks, granite outcrops, vegetation) and included in â&#x20AC;&#x2DC;transitional densityâ&#x20AC;&#x2122; areas of 1-2ha.

Appropriateness of residential development in this area depends on a range of land use planning factors (eg. location of UGB, requirement/ capability of land for agriculture, provision of services and transport) in addition to landscape management issues.

The proposed level of development within this largely undeveloped area will significantly change the landscape of Character Area 1 and the views across the landscape from Big Hill.

The aim to protect ridgeline and significant landscape features is noted. However, extent of proposed development exclusion zone to retain undeveloped character of Big Hill appears to be minimal. The other significant features of this landscape noted (creek corridor, granite outcrops, vegetation clusters) may potentially be obscured from view by development.

Recommendation: No change to plan.

PAGE 96

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.8 FORMER GOLDEN SQUARE SECONDARY SCHOOL Document Information Author

Andrew Cockerall, Acting Manager Strategy

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose The State Government is proposing to rezone and sell the former Golden Square Secondary School on Hattam Street, Golden Square. It is proposed to rezone the site to a General Residential Zone and this report is responding to the proposed zoning.

Policy Context This matter is consistent with the Victorian State Governments economic strategy – Securing Victoria’s Economy: Planning, Building and Delivering, as it relates to the disposal of surplus land and putting it to better use.

Report The Site The Department of Education and Early Childhood Development (DEECD) has a rolling program for the disposal of former school sites that are now surplus to their requirements. One of these sites is the former Golden Square Secondary School at 4173 Hattam Street, Golden Square (see locality aerial map below).

The site has an area of 6.78 hectares and is zoned Public Use 2 (Education). The bulk of the former school buildings have been removed other than the gymnasium, the football oval is still in use and the site is largely cleared of vegetation. Hattam Street is a declared highway and forms part of the “Outer Box” road network. All other adjoining roads are “Local Roads” According to the City’s mapping information it is likely that there are numerous capped mine shafts on the site which raises the possibility of the site being potentially contaminated.

PAGE 97

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

DEECD Surplus Land Rezoning Project DEECD have a rolling State wide program to dispose of surplus school sites. The Golden Square Secondary School site is the first of these sites within the City of Greater Bendigo to go through this program.

DEECD engaged Urbis to provide â&#x20AC;&#x153;a review of the subject school site ad its physical and policy context, to determine the most appropriate future land use and zone for the siteâ&#x20AC;?.

Based on State and Local Policy, the surrounding uses and issues around access, proximity to services and the scale of the site the Urbis report recommends a residential zoning for the entire site. The report also recommends the use of a Development Plan Overlay that addresses the need for a range of dwellings types, building heights, amenity and buffering issues.

Advisory Committee In order to progress this matter, the Minister for Planning has established an Advisory Committee to consider the future zoning of this site and a number of sites in the Metropolitan area. An Advisory Committee operates in a similar way to a Planning Panel but is governed by a Terms of Reference that is approved by the Minister.

The first formal step in the process was for the DEECD to notify nearby landowners and government and service agencies of the proposed zoning of the site. The exhibition period for this is 3 months. During this period an interested party (which includes the City of Greater Bendigo) can lodge a submission to the Advisory Committee.

The Committee will then hold a public hearing to consider the proposed rezoning, consider any submissions that are put forward and then make a recommendation to the Minister for Planning on what the future zoning should be. The Minister then considers the Committeeâ&#x20AC;&#x2122;s report and makes a decision.

PAGE 98

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Future Use of the Site The nature of this site is that it is quite complex and there are a range of issues that need to be considered in making decisions on its future land use.

As stated above the DEECD proposed future use of the site is for it to be residentially used and developed in its entirety. This was assessed by the City of Greater Bendigo and a number of concerns were identified. These include: The existence of mine shafts on the site and potential contamination issues.

Buffers to protect the nearby industrial uses in Hattam Street.

Having multiple access points off Hattam Street that is a declared highway.

That the gymnasium building and the oval will remain as recreational assets and that a residential zoning does not reflect this.

In coming to an alternate use for the site, the City sought advice from VicRoads on the access issue and the EPA in regard to contamination and buffering.

The EPA raised concerns in relation to the potential amenity impact of residential development close to industrial activity and noted that this may cause “problems” for the industrial properties should they choose to expand in the future. The EPA did note the existence of the mine shafts and past mining activity in the area but could not comment on whether the site might be potentially contaminated until a preliminary site investigation had been undertaken.

VicRoads advised that a Traffic Impact Assessment Report (TIAR) would need to be undertaken to address traffic and access impacts on the main road. VicRoads also noted that direct access to the site from Hattam Street would not be permitted and that all existing accesses must be removed.

Having regard to this it is considered that a blanket residential zoning of the site is inappropriate.

An internal meeting was with representatives from the Strategy Unit, Sustainable Environment, Recreation, Building and Property, Engineering, Statutory Planning and Economic Development to discuss potential solutions for the site.

A possible solution that was put forward at this meeting was: Industrial 3 or Commercial 2 Zoning for part of the western section of the Hattam Street frontage. This would allow for “light industrial” and showroom type uses that have minimal impact on residential uses.

The oval and gymnasium be given the appropriate recreational or educational zoning The land at the rear with frontage to Stansistreet Crescent be given a residential zoning with an Environmental Audit Overlay.

The following plan gives a break up of these uses:

PAGE 99

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Potential Residential

Showroom type uses

Sports oval (under CoGB mgt)

Stadium and car parking area (under CoGB/Catholic mgt)

This is an indicative break up of uses and any zone boundaries would be subject to more detailed site surveys and the like.

Next Steps Submissions to the Advisory Committee are due on 6 September. At this point the Advisory Committee will review all submissions received and a Directions Hearing has been scheduled in Bendigo for 17 September. The Directions Hearing is largely an administrative process and finalises the timetable and the process for the Advisory Committee hearing. The Hearing day for Bendigo has been scheduled for 10 October.

Both the Directions Hearing and the Advisory Committee Hearing are open to the public.

Priority/Importance: This matter is of high importance given the impending date for submissions to be received.

Options/Alternatives: There is an option to make no submission to the Advisory Committee.

Timelines: Given this process is being run externally there are no major milestones, etc to be met other than appearing at the Hearing referred to above.

Risk Analysis: The greater risk in this matter is to do nothing and potentially end up with a poor land use outcome that impacts on future residents and nearby industrial businesses.

PAGE 100

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Consultation/Communication Internal Consultation: In preparing the submission to the Advisory Committee internal consultation was undertaken with representatives from the Strategy Unit, Sustainable Environment, Recreation, Building and Property, Engineering, Statutory Planning and Economic Development.

External Consultation: None was undertaken. The DEECD has been responsible for all external consultation.

Resource Implications Not Applicable Conclusion The DEECD is in the process of disposing of surplus school sites. It is proposed to rezone the former Golden Square Secondary School site in Hattam Street to a General Residential Zone.

There are a number of concerns with this relating to nearby industrial uses, access and potential contamination of the site.

The Minister for Planning has appointed an Advisory Committee to consider the future zoning of this site and will conduct a hearing in October. This report recommends that Council highlight its concerns with the proposed rezoning, suggests a possible way forward and participates in the Advisory Committee process to protect community interests.

Attachments 1.

Copy of submission to the Advisory Committee

RECOMMENDATION That the Greater Bendigo City Council lodge the attached submission to the DEECD Surplus Land Rezoning Project Standing Committee.

PAGE 101

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.9 RESIDENTIAL ZONE CONVERSION Document Information Author

Andrew Cockerall, Acting Manager Strategy

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose To advise Council of the new suite of Residential Zones within the Victoria Planning Provisions (VPP) and request the Minister for Planning to prepare an Amendment to convert the Residential 1 Zone to the General Residential Zone.

Policy Context Council Plan Reference: 3.2.3

Effectively communicate the changes to the Planning System implemented by the State Government designed to facilitate better outcomes and speedier granting of planning permits.

Background Information Previous Council Decision Dates: 17 October 2012

Council endorsed a submission to the proposed reformed zones.

Report Background At present the majority of Councils use the Residential 1 Zone as the primary zoning tool in residential areas. This “one size fits all” zone does not recognise that there are areas where higher density housing should be encouraged or where only limited change to the housing types are required, such as in a heritage area. In other words there is a lack of ability to set clear direction for differing areas of the city.

In response to this the Minister for Planning has developed and recently introduced a new suite of residential zones into the VPP: Residential Growth Zone – where higher density is encouraged and could applied in and around activity centres and along transit corridors.

General Residential Zone – this is the equivalent of the existing Residential 1 Zone and would be applied to Greenfield areas and more typical residential areas.

PAGE 102

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Neighbourhood Residential Zone â&#x20AC;&#x201C; this is the more restrictive of the zones and recognises that there is a special character that needs to be preserved. This may be applied to areas that have special values, or development constraints.

Councils have until 30 June 2014 to implement the new zones or all existing Residential 1 land will be automatically converted to the General Residential Zone by the Minister.

Residential Strategy Review The Residential Strategy Issues and Options Paper recognises that if the new zones are correctly applied it will provide Council, the community and developers with greater certainty in relation to the future form of residential areas.

The next stage of the Residential Strategy Review will establish criteria to determine where each zone could be applied. For example: An area close to the CBD that is relatively unconstrained and suited for medium density housing might be suitable for the Residential Growth Zone.

The more typical residential area would be suited to the General Residential Zone. It is likely that this zone will be the most widely applied.

An area that is poorly serviced or has special environmental values might be suited to the Neighbourhood Residential Zone.

It is anticipated that the planning scheme amendment to implement the Residential Strategy Review will be exhibited in the first half of next year. An issue that has been identified is the during this amendment process there will be a Ministerial Amendment on 30 June 2014 to convert the Residential 1 Zone to a General Residential Zone. This is will complicate the implementation of the Residential Strategy Review implementation and potentially create confusion.

This issue was discussed with the Department of Transport, Planning and Local Infrastructure (DTPLI). An option that was put forward is that Council can request the Minister for Planning to do the conversion amendment from a Residential 1 Zone to the General Residential Zone early rather than wait until 30 June 2014. Such an action would avoid any confusion in the process and would not have any resource implications for the Council.

Residential 1 Zone v General Residential Zone A comparison was undertaken between the Residential 1 Zone and the General Residential Zone and it was found that the two zones are essentially identical other than some minor changes to the actual structure of the zone provisions and two changes to the table of uses.

The General Residential Zone does provide Councils with the ability to specify maximum height limits for buildings. If no limit is specified the height limit defaults to the ResCode standard. Should a Council want to set a height limit for a particular area this would need to be strategically justified.

In summary the changes are negligible.

PAGE 103

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Priority/Importance: This matter is of medium priority and importance at this point in time, but will become a higher priority as the 30 June 2014 deadline arrives.

Options/Alternatives: If the request for a Ministerial Amendment to do the conversion is not supported the option is to do nothing and wait for the mandatory conversion on 30 June 2014.

Timelines: If the request for a Ministerial Amendment is supported it can be actioned immediately.

The timing for ultimate approval of the conversion amendment will be subject to the internal processes of DTPLI. Progress: Risk Analysis: There are no foreseen risks in proceeding with the zone conversion prior to 30 June 2014.

Consultation/Communication No internal or external consultation will be undertaken as part of the conversion amendment as it is essentially an administrative process.

There will be significant consultation undertaken as part of the implementation of the Residential Strategy Review. This will be subject to a further report to Council.

Resource Implications Nil Conclusion The Minister for Planning has introduced a new suite of residential zones and Councils have until 30 June 2014 to implement the new zones. After this time the existing Residential 1 Zone will be converted to the General Residential Zone.

Requesting this conversion early it will avoid some confusion in implementing the Residential Strategy Review.

This request will not have any resource implications for Council.

PAGE 104

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

RECOMMENDATION That the Greater Bendigo City Council resolves to request the Minister for Planning to prepare and approve an Amendment to the Greater Bendigo Planning Scheme that converts the Residential 1 Zone to the General Residential Zone in accordance with Section 8(1b) of the Planning and Environment Act.

PAGE 105

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.10 DRAFT LODDON MALLEE SOUTH REGIONAL GROWTH PLAN Document Information Author

Steven Abbott, Strategic Planner

Responsible Director

Prue Mansfield, Planning and Development

Summary/Purpose This report highlights the importance of Council in the development of the Loddon Mallee South Regional Growth Plan (RGP). It seeks Council endorsement of the submission recently provided to the draft RGP. Policy Context Council Plan Reference: Theme 1: Planning for Growth o Strategic Objective 1.4: ‘Our communities have the space and facilities they need for future growth’. Action 1.4.1: ‘Contribute to the Regional Growth Plan and Regional City Strategy being led by Regional Development Victoria.

Strategy Reference: Southern Loddon Mallee Regional Strategic Plan 2010 (Strategic Plan 2010).

Developed collaboratively, the Strategic Plan 2010 has the support of key local industries and community organisations, and has been endorsed by the region’s local councils, the Loddon Mallee Regional Management Forum and the Regional Development Australia Committee.

The RGP will provide the means to implement the strategic land use and infrastructure components of the Strategic Plan 2010.

Introduction The RGP is one of eight regional growth plans being prepared across Victoria. It will provide a broad direction for land use and development as well as a detailed planning framework for the region.

The draft plan was available for comment during April and May 2013.

PAGE 106

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

The plan will help provide broad direction across the region over the next 30 years. In particular it aims to: Identify important economic, social and cultural resources to be preserved, maintained or developed; Provide direction for accommodating growth and change for residential, employment, industrial, commercial, agricultural and other rural activities; Consider the infrastructure needed to support growth and change; and Help streamline planning policy and provide solutions to common strategic planning issues for the region.

Background Information The Strategic Plan 2010 Loddon Mallee South was developed to set out some broad strategic land use and infrastructure directions for the region. The region covers the municipalities of City of Greater Bendigo, Central Goldfields Shire, Loddon Shire, Macedon Ranges Shire and Mount Alexander Shire.

It represents regional stakeholders’ aspirations and agenda for regional development and long term strategic planning. The plan identifies goals focuses around: Prosperous places; A vibrant provincial city; A thriving, diverse economy; and Enhanced natural and cultural heritage.

It also establishes directions about regional settlement planning: Manage our population growth and settlements; Strengthen our communities, especially in our small towns; Strengthen and diversify our economy; Improve our infrastructure; and Protect and enhance our natural and built environment.

The RGP provides an opportunity to refine, test and implement these directions through Victoria’s planning system.

The project is being developed over a two year period in six phases, including: Phase 1: Project Establishment (July-November 2011) Phase 2: Data review and Issues Paper prepared (August-December 2011) Phase 3: Integrated issues analysis (January-August 2012) Phase 4: Prepare Draft Regional Growth Plan (September 2012 – March 2013) Phase 5: Draft Regional Growth Plan consultation (April – May 2013) Phase 6: Final Draft Regional Growth (May – June 2013) Phase 7: Endorsement (July – September 2013)

PAGE 107

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Priority/Importance High – The RGP is a current State Government project in which the City of Greater Bendigo is a Steering Group member. Action 1.4.1 of the Council Plan outlines that an action to contribute to the plan.

Ensuring that Bendigo is part of a coordinated approach to the land use and infrastructure direction of the region over the next 30 years is of high importance.

Report The City of Greater Bendigo (the City), through a collaborative cross-directorate process has reviewed the draft plan against local policies and priorities, and has prepared a submission to help shape the final RGP. The submission expresses general support for the draft plan. However, has outlined ways that it could be improved to better respond to the most important future regional issues and provide the basis for coordination and future planning of community infrastructure. The submission suggests three key areas that require attention to ensure a more meaningful and useful RGP for our region, these include: 1. Stronger focus on the inherent strengths of the region and future directions.

Bendigo and the region have significant strengths to build on and challenges to respond to in the future. Propulsive industries such as innovative manufacturing, finance, health, professional services and education sectors will play an increasingly important role in the region’s future. Ensuring investment in education and workforce development to provide jobs in the right economic sectors for the future will be critical for the future of Bendigo as the key regional city in the north of Victoria. While the plan acknowledges these transformative economic areas, it remains difficult to identify key actions that support and enhance these future long term opportunities.

2. Articulating a strategic growth plan beyond land use planning policy.

It’s important that the RGP provides a consolidated and distinct vision which encompasses the fundamental elements of a competitive Loddon Mallee South region.

This should go beyond land use planning policy and provide a useful tool to stimulate investment and new opportunities within non-government sectors.

3. Identifying known regional infrastructure requirements that enable growth.

There are a number of regional infrastructure projects which are known within the region but not explicitly supported within the RGP. Given that the RGP clearly espouses an aspirational population for Bendigo as the regional city, actions appear somewhat limited, perhaps by a level of uncertainty in the project funding. However, a strategic plan of the RGP’s scope should not be limited to actions focused on ‘advocating’ , ‘promoting’, ‘maximising’ or ‘reinforcing’. This is particularly evident in the generalised nature of the recommendations that support the transport section. Stronger transformative project identification is required to outline key strategic planning and investment.

A full copy of the City of Greater Bendigo submission to the draft RGP is attached.

PAGE 108

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

The final draft plan will be prepared by the State Government in the coming months and presented to Council for endorsement later this year.

Conclusion It is important that Bendigo forms a strong part of the regional approach to settlement planning and development. The planning framework is a fundamental means to implementing key strategic directions for the city. As a principle, the key issues of robust land use planning policy and coordination of investment into regional infrastructure are seen as critical to ensuring liveable, sustainable and competitive regions in Victoria.

The City of Greater Bendigo has been involved in the preparation of the draft RGP for our region. The submission prepared aims to add further value so that the plan can best respond to the most important future regional issues. Having Councilâ&#x20AC;&#x2122;s support for the submission is important. These will inform the final drafting of the RGP and an ultimate request to Council for endorsement later this year.

Attachments City of Greater Bendigo Submission to the draft Regional Growth Plan RECOMMENDATION That the Greater Bendigo City Council endorses the City of Greater Bendigo submission to the draft Loddon Mallee South Regional Growth Plan.

PAGE 109

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

2.11 RESPONSE TO PETITION: SAFETY CONCERNS RE: INTERSECTION OF BAYNE AND LOBB STREETS, BENDIGO Document Information Author

Andrew Smith, Transportation Engineer

Responsible Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose This report responds to the matters raised in a petition presented to Council on 10 July 2013 regarding safety concerns at the intersection of Bayne and Lobb Streets, Bendigo.

The report recommends that a traffic island be installed which can be funded from the â&#x20AC;&#x2DC;Various Trafficâ&#x20AC;&#x2122; budget.

Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2013-2017 Theme 4: Sustainability Strategy 4.1 Existing infrastructure and assets are well maintained appropriately upgraded to sustain them for future generations.

and

Background Information A petition was tabled at the Council Meeting on 10 July 2013 from concerned residents which states as follows:

"As residents of the area around the intersection of Bayne and Lobb Streets, North Bendigo, we wish to bring to your attention our concerns of safety at this intersection, [as outlined in the accompanying letter], and request urgent consideration be given to the installation of a suitable traffic island in Bayne Street to direct traffic, when turning right into Lobb Street, to do so safely".

Signatures

-

37

PAGE 110

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Report Although the petition requests that a traffic island be placed in Bayne Street, the normal practice is to place the traffic island in the street that has to give way. This has more effect in slowing turning traffic and reinforces that Lobb Street gives way to Bayne Street.

In doing so, it will also create a refuge for pedestrians to cross more safely. Construction of the median would also allow a give-way sign to be installed.

A traffic island could be installed as per the plan below. The island, signage, linemarking and traffic management would cost approximately $8,000.

While there are no recorded accidents at this intersection, the concern raised by residents is relatively common in circumstances where wide roads intersect. Although enforcement activity could assist, the proposed works are relatively low cost and will offer an enduring solution.

PAGE 111

Planning for Growth - Reports

Ordinary Meeting - 21 August 2013

Resource Implications Funding for the works is available under the ‘Various Traffic’ budget. This budget has $50,000 allocated to it, and $20,000 has already been set aside for the parking changes in View Street in front of Dr Harry Little Preschool (as per an earlier resolution).

Conclusion The concern raised by residents due to the existing road alignment is appreciated and the installation of a traffic island is a cost effective solution to the problem.

RECOMMENDATION That Council, having considered the residents’ concerns about safety at the intersection of Bayne and Lobb Streets, Bendigo: 1. Support the installation of a traffic island at the intersection with funding from the ‘Various Traffic’ budget.

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

PAGE 112

Liveability - Reports

3.

Ordinary Meeting - 21 August 2013

LIVEABILITY

3.1 BENDIGO EASTER FESTIVAL - CONFIRMATION OF FESTIVAL FORMAT Document Information Author

Terry Karamaloudis - Manager Major Events

Responsible Director

Stan Liacos, Director City Futures

Summary/Purpose The purpose of this report is to outline considerations regarding the Bendigo Easter Festival remaining primarily as a three-day festival to be held on Good Friday, Easter Saturday and Easter Sunday.

The Bendigo Easter Festival Advisory Board has considered this matter in some detail and asks that Council support its recommendation to retain the three-day format and requests ratification of such for at least a five year period.

Policy Context 3.4 Tourism and major events are a significant contributor to our economy.

3.4.5

Attract, retain and nurture major events that deliver substantial economic, promotional and social benefit for Greater Bendigo

Background Information In 2010 Council acting on advice from the Bendigo Easter Festival Advisory Board and out of respect for ANZAC Day, changed the Bendigo Easter Festival format to a three day event with the Gala Parade held on Easter Sunday, rather than on Easter Monday.

The fourth day was dedicated specifically to ANZAC Day celebrations in that particular year.

Subsequent post-event analysis by the Bendigo Easter Festival Advisory Board among other things concluded that the three-day format actually worked very well, and had also helped the festival contain spiralling costs.

Based on evidence gleaned by members of the Advisory Board through their consultation and considerations within the Bendigo community, the decision was made to retain the three day format with the Gala Parade to be staged on Easter Sunday continuing for the years of 2011, 2012 and 2013.

PAGE 113

Liveability - Reports

Ordinary Meeting - 21 August 2013

Report The Bendigo Easter Festival Advisory Board specifically considered the desirable future format of the festival at its meeting held on Monday 29 July.

The Bendigo Easter Festival Advisory Board is made up of the following people and representative bodies: Council Cr Rod Fyffe (Chair) Cr Helen Leach

Bendigo Easter Fair Society Mr David Wright (President) Mr Ken Deveraux Mr Phil Redmond Mr Paul Prendergast

Community Mr Gary Frank Mr Rory Somerville Mr Paul Rohan Mrs Fiona Chibber

Bendigo Chinese Ass. Mr Barry McDowell

Also attending the meeting were: Mayor, Cr Lisa Ruffell Mrs Helen Yorston - representing the Bendigo Easter Fair Society in the absence of Mr Phil Redmond.

Mr Terry Karamaloudis, Manager Major Events Mr Raph Beh, Major Event Coordinator Mrs Lyn Brown, Major Events Coordinator The main arguments for the three-day format included: A four day festival with the Gala Parade on Monday would come at an extra cost to the community in excess of $30,000 Community support for a three day format with the Gala Parade on Sunday appears strong A four-day format would be too costly without additional resources allocated by Council The Bendigo Easter Festival is respectful of the Christian community and works closely with churches affected Bendigo Chinese Association advised that they would support any festival format that the CoGB approved, however noted that a three-day festival would be most preferred Golden Dragon Museum commented that Easter Monday 2013 was the biggest trading day in the history of the museum, suggesting that people stay on in Bendigo after the Gala Parade on Sunday The Bendigo Easter Festival has always been a community festival for the people of Bendigo, its main aim has never been economic impact alone; Volunteers for the festival are becoming increasingly difficult to source and retain.

The arguments against the three-day format included: There is a body of public opinion which indicates support for the Gala Parade to be returned to Monday It is suggested that a lack of a significant event on Easter Monday to entice visitors to stay in Bendigo has had a detrimental effect on business.

The days of significance to the Christian community should be respected

PAGE 114

Liveability - Reports

Ordinary Meeting - 21 August 2013

Sponsorship has increased, but opportunities will be enhanced by the raised levels of exposure offered by a four day festival.

Bendigo Chinese Association advised that they would support any festival format that the CoGB approved, however noted that a three day festival would be preferred given their scarce resources.

Consultation/Communication A debriefing process was conducted following the 2013 festival involving all Council internal units, community stakeholders, sponsors, suppliers and the Advisory Board with overwhelmingly positive feedback regarding the success of the festival.

A post-festival report was recently provided to all Councillors for their information.

Resource Implications A cost benefit analysis was provided to the Advisory Board at its most recent meeting, showing the budget differences on those items that would be affected by the different three day/four day festival formats, as below: Estimated Net Cost Differences ($)

City of Greater Bendigo Volunteer Costs Suppliers Net Differences:

Friday, Saturday, Sunday

Saturday, Sunday, Monday

$101,000

$113,000

Friday, Saturday, Sunday, Monday $129,500

$1,500

$2,000

$4,100

$40,000

$47,000

$59,500

$142,500

$162,000

$193,100

$19,500

$31,100

The City of Greater Bendigo, as the main supporter, sponsor and driver of the event has traditionally picked up the budget shortfall. The recent Independent Review has identified that Council should continue to be responsible and conscious of containing management costs and this line of thought aligns well with supporting a three-day festival format rather than a four-day format.

Conclusion The Bendigo Easter Festival Advisory Board resolved overwhelmingly to support the three day festival format (Good Friday, Easter Saturday and Easter Sunday, with the Gala Parade to be staged on Easter Sunday) for the following reasons: 1.

2.

3.

4.

Better resourcing of staff and volunteers.

Parade entries are increasing with the Gala Parade now on Sunday.

Continuity of festival logistics and programming i.e. site setup.

More efficient use of Council funds.

PAGE 115

Liveability - Reports

Ordinary Meeting - 21 August 2013

RECOMMENDATION That the Greater Bendigo City Council resolve to support the Bendigo Easter Festival Advisory Boardâ&#x20AC;&#x2122;s recommendation to continue the Bendigo Easter Festival in a three day format (as described in the body of the report) for at least a five year period.

PAGE 116

Liveability - Reports

Ordinary Meeting - 21 August 2013

3.2 ADOPTION OF GREATER BENDIGO YOUTH STRATEGY Document Information Author

Suzie Mansell, Manager, Community Partnerships Kylie Emonson, Coordinator, Youth Development

Responsible

Debbie Thewlis, Acting Director Community Wellbeing

Summary/Purpose This report recommends that Council consider the submissions received on the Draft Greater Bendigo Youth Strategy and adopt the Greater Bendigo Youth Strategy 20132016.

Policy Context Council Plan Reference: Council Plan 2009-2013 (updated 2012) Community and Culture Strategy 3.11 Plan for and support residents in each life stage: as children, young people, older people; and individuals and in family and social groups.

3.11.5 Complete and implement a Youth Strategy.

Strategy Reference: Health and Wellbeing Strategy 2009-2013 http://www.bendigo.vic.gov.au/Municipal_Public_Health_and_Wellbeing_Plan_MPH WP Play Space Strategy 2008 http://www.bendigo.vic.gov.au/News/Publications/Documents_listing/Play_Space_S trategy Open Space Strategy 2006 http://www.bendigo.vic.gov.au/News/Publications/Policies Road Safety Plan 2007 http://www.bendigo.vic.gov.au/News/Publications/Policies Council Policy Reference: Community Engagement Policy http://www.bendigo.vic.gov.au/News/Publications/Policies

PAGE 117

Liveability - Reports

Ordinary Meeting - 21 August 2013

Background Information Young people make up approximately 2o per cent of Greater Bendigo’s current population, with 18,629 residents aged between 12 - 25 years. Based on Greater Bendigo’s existing growth rate of 1.66% is higher than the Victorian average of 1.4%, it is forecast that by the year 2031 the number of young people living in Greater Bendigo will increase to 24,457.

The Strategy was developed in collaboration with young people, key stakeholders and consultant, Wendy Holland from community vibe.

Two consultative groups were established to guide the strategy: A Project Steering Group with representatives from the City of Greater Bendigo, Bendigo Senior Secondary College, St Luke’s, Headspace and Bendigo TAFE and a Youth Reference Group comprising of 12 young people from the municipality.

A Youth Reference group who assisted to develop and promote the youth survey, plan and run workshops.

The Draft Greater Bendigo Youth Strategy was prepared in stages, firstly to establish the consultative groups, undertake a literature review, service mapping, stakeholder interviews and youth engagement. A discussion paper was developed based on the information gathered during the first phase and it was used to gather feedback from project and youth steering groups about actions and priorities. The next stage was to seek approval from Council to release the document for community feedback before it is finalised and adopted.

The information contained in the Draft Greater Bendigo Youth Strategy was obtained following analysis of key stakeholder interviews, 2,278 surveys and workshops with 150 young people.

Previous Council Decision(s) Date(s): 20 February 2013 - The key findings of the strategy were presented at a Council Forum.

29 May 2013 - Council approved the Draft Greater Bendigo Youth Strategy for public comment from the 23 May to the 10 July 2013.

Report The Draft Greater Bendigo Youth Strategy articulates to the community and key stakeholders the role the City of Greater Bendigo will play in relation to youth development. The strategy was built on community engagement with key internal and external stakeholders and service providers. The governance of the strategy included a Project Steering Group and a Youth Reference Group.

The Draft Greater Bendigo Youth Strategy was made available for public comment from 23 May to the 10 July 2013.

The community feedback received around the Draft Greater Bendigo Youth Strategy was all very positive. The key themes included: PAGE 118

Liveability - Reports

Ordinary Meeting - 21 August 2013

Support for the programs and opportunities that the City of Greater Bendigo offered to young people and to acknowledge that the City of Greater Bendigo listened to its young people in creating this document and that we must continue to do so.

The desire to strengthen partnerships with internal and external stakeholders through sharing of knowledge and linking programs together.

A total of 6 external submissions were received to the draft strategy, several comments through Facebook and Twitter and these are detailed in the table below.

Submitter Submission Summary Response and (by no.)

Recommendation 1. Abi Trewartha a. I fully endorse this program a. Comments noted. (email) and think it will be a wonderful initiative in continuing to provide the youth of Bendigo and surrounding areas with support and guidance.

2. Mez Whittle a. Was concerned about the a. Provided information (Facebook) 150 young people who were about the number of surveyed, the demographics many young people and how they were selected. who were surveyed or attended workshops.

Also noted that there was no selection process and that the survey was open to all young people between the ages of 12-25 in Greater Bendigo.

3. Mary Van Veen a. Supports the broad range of a. Comments noted.

Social services and program for all Worker/Parent young people!

(Stop motion b. Supports the opportunities workshop) provided that are outside of mainstream education for young people!

4. Cathryn Shiels a. Supports the fantastic a. Comments noted.

Lawyer/Parent programs offered as they (Stop motion provide opportunities for workshop) regional youth that are not necessarily at risk but are looking for these kinds of activities.

5. Lindsay Rose a. Feels that the strategy is a a. Comments noted.

Social Worker step in the right direction. (email) With the amount of input from Young People, it is refreshing to read that they PAGE 119

Liveability - Reports

Submitter (by no.)

Ordinary Meeting - 21 August 2013

Submission Summary

Response Recommendation

and

were listened and there are aims to increase youth activities and access to services within the Bendigo region. b. Recognises that we must remember to continue to listen to our youth as they are the ones that shall build our future – good work 6. Lorelle Pearse a. Acknowledges the strategy is and Marla Stone right on target. The issues BSSC Managed that are raised, the possible Individual Pathways moves forward and the cries Team (email) from our young people are a true and accurate reflection of what we see and hear every day, in the most youth populated area in this city. b. Acknowledges possibilities to work together 7. Facebook 11 status updates 26 June – 4 July 23 likes 7 shares 1 comment – Mez Whittle 8. Twitter 12 tweets 7 retweets 1 comment

a. Comments noted and acknowledged. b. Recommendation – web links to Bendigo Senior Secondary College jobs board website to be included on YO Bendigo.

a. Noted acknowledged.

and

a. Noted acknowledged.

and

Further comments were received internally by officers acknowledged possibilities to work closer together in the areas of training and spoke about Goldfields Career Horizon website. Another officer saw opportunities for engaging with the steering group when reviewing the document and the process to develop the strategy.

The Youth Reference Group has also developed an action plan which outlines the implementation of the Strategy. The Strategy includes an action plan against each focus area, prioritising the actions in low, medium and high priorities. It also identifies the relevant stakeholders that Council’s Youth Advisory Group need to partner with in order to deliver on the Strategy.

Priority/Importance: Developing and implementing the Greater Bendigo Youth Strategy is of high importance as it is listed as a key action in the Council Plan 2009/13 (updated 2012) 3.11.5.

PAGE 120

Liveability - Reports

Ordinary Meeting - 21 August 2013

Resource Implications The total budget allocation from CoGB was $20,000 to fund the Greater Bendigo Youth Strategy. This budget allocation has been fully expended in the 2012-2013 financial year.

Budget Allocation in the Current Financial Year: $10,000 Previous Council Support: $10,000 allocation in 2011/12 External Funding Sources: N/A Current Estimate or Tender Price: N/A Any known or anticipated variance to budget: No Projected costs for future financial years: None Any ongoing recurrent expenditure required: N/A Conclusion The Greater Bendigo Youth Strategy has been developed for young people by young people and will inform how the City of Greater Bendigo provides targeted and meaningful opportunities for young people in the future. It will identify opportunities to influence youth engagement, capacity building and partnerships to achieve better outcomes for all young people in Greater Bendigo.

The Action Plan identifies priority focus areas, partners and resources required to implement the proposed strategic direction.

The Greater Bendigo Youth Strategy is now presented to Council for adoption.

Attachments 1.

2.

3.

4.

Greater Bendigo Youth Strategy Literature Review Mapping of Youth Services and Opportunities Survey Analysis

RECOMMENDATION That Council resolve to: 1. thank the young people of Greater Bendigo for communicating their opinions and aspirations to inform the development of this strategy; 2. acknowledge the valuable contribution of the Youth Reference Group and Project Steering Group in the development of the Greater Bendigo Youth Strategy; 3. acknowledge the submissions received as part of the consultation phase; and 4. adopt the final Greater Bendigo Youth Development Strategy.

PAGE 121

Productivity/Sustainability - Reports

4.

Ordinary Meeting - 21 August 2013

PRODUCTIVITY

Nil. 5.

SUSTAINABILITY

Nil.

PAGE 122

Good Governance and Decision-Making - Reports

6.

Ordinary Meeting - 21 August 2013

GOOD GOVERNANCE AND DECISION-MAKING

6.1 RESPONSE TO INDEPENDENT REVIEW OF THE CITY OF GREATER BENDIGO Document Information Author/Responsible Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to provide a response to the Independent Review of the City of Greater Bendigo.

Policy Context Council demonstrates good governance and leadership.

Council Plan Reference: 5.1.1 – Consider the recommendations of the Independent Review 2013 and implement the agreed actions.

Background Information Council has delivered on its commitment to independently review the City of Greater Bendigo to see what improvements can be made to its operations.

On December 19 last year, Council resolved to undertake an Independent Review of the City of Greater Bendigo’s operations. Many Councillors had included an Independent Review as part of their election platforms at the 2012 election.

The Review was undertaken by multi-national consulting firm Aurecon who provide engineering, management and specialist technical service advice for the private and public sector.

The process, including the appointment of Aurecon, was overseen by an Independent Review Committee (IRC) which was made up of three community members: Rod Hanson (Chair) - Company Director and former Managing Director of Unity Mining Ltd; Nigel McGuckian – experienced consultant and community board member; Margaret O’Rourke – local businesswoman and three Councillors, Mayor Cr Lisa Ruffell, Cr James Williams and Cr Peter Cox. The resulting review process involved consideration of 129 written submissions, 33 verbal submissions and interviews with 9 Councillors, 54 City of Greater Bendigo staff members and 24 external stakeholder groups and individuals. In addition, Aurecon reviewed some 14,000 documents provided by the City of Greater Bendigo.

PAGE 123

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Council determined that the Review should identify improvements to:     

Council income and expenditure; Quality of service delivery by Council; Innovative strategies in management, staffing and structure of Council; Prioritising of Capital and Major works; Greater Bendigo’s economic development and Council’s role associated with it, and  Council’s communication and community engagement strategies.

In June this year, Aurecon delivered its final report including 69 recommendations for Council to consider.

Previous Council Decision(s) Date(s): Council resolved the following at the Council meeting of 19 December 2012. a) That Council conduct an external independent public review of Council to be completed by 30 June 2013. b) That an estimated amount of $250,000 be referred to the mid-year budget review in late January to carry out the Review. c) That a Review Committee be established comprising of an independent Chairman, three Councillors and two other community members.

Council will take advice from the CEO to appoint an existing member of staff to undertake the administrative duties in relation to the Review.

(All Councillors and the CEO will be able to attend Review Committee meetings).

An advertisement to be placed to appoint a Chairman and two Community Members, with appointments being confirmed early in 2013 by Council. d) That an Expression of Interest be advertised for an Independent Reviewer to undertake the Review requesting how they will approach such a Review with an estimated cost. e) The aim of the Review is to identify improvements to:      

Council income and expenditure Quality of service delivery by Council Innovative strategies in management, staffing and structure of Council Prioritising of Capital and Major works Greater Bendigo's economic development and Council's role associated with it Council's communication and community engagement strategies

f) That once the Reviewer is appointed, that submissions from Councillors, Council staff and the general Public be called for as part of an engagement plan for the Review.

PAGE 124

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

The Review Committee and the Reviewer will use the Council Plan, Greater Bendigo 2036 Plan, Council Budgets, Annual Reports, master plans and strategy documents as key reference material.

Report Council officers have undertaken a detailed assessment of the 69 recommendations, including a half-day workshop by senior management, and there is widespread support for implementation.

In assessing each recommendation, officers looked at whether or not actions were already being implemented; how they would benefit the organisation and our community; checked them for factual accuracy and considered whether or not suggested timelines were realistic.

In some instances, suggested improvements are already underway in line with the recommendations and we have identified what these improvements are and whether or not others will be made.

In other instances, we have determined that further work is needed before implementation occurs. For example, there is a recommendation to centralise all advertising expenditure across the organisation but there might be a legitimate argument for excluding some areas from such a directive.

In the main, we welcome the recommendations and have detailed our response to each of them in the attached report.

The Review The Review, as a whole, reflects positively on City of Greater Bendigo. Aurecon observes that the organisationâ&#x20AC;&#x2122;s â&#x20AC;&#x153;culture of positive engagement, allied with an open and genuine commitment to seek organisational improvement is to be commendedâ&#x20AC;?.

The Review says that City of Greater Bendigo is seen as a successful and progressive organisation by people and organisations outside Bendigo and the envy of many other regional Councils. City of Greater Bendigo is seen as a leader in the field of tourism, major events and the delivery of major projects. In addition, external stakeholders indicated that City of Greater Bendigo is also seen to act as a mentor for other Councils in terms of its vision, quality of service and the role it plays in the community. The Review acknowledges the important role we play in being a regional leader as well, noting that due to the importance Bendigo plays in the region and Victoria, responsibilities and obligations of City of Greater Bendigo often extend past its municipal boundaries. Senior officers and Councillors are increasingly focussed on undertaking an advocacy role for the region to lift decision making to a higher level, focussing on regional rather than simply local issues.

PAGE 125

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

In terms of how we operate, it finds that in absolute terms, through benchmarking with other comparable local government organisations, there are no grounds to suggest that City of Greater Bendigo is overstaffed. It notes that City of Greater Bendigo labour costs, as a percentage of annual budget, are the lowest of the benchmark data set at 32.5% compared to a high of 44%. City of Greater Bendigo total staff per 100 of population is the lowest of the benchmark data set at 0.67 staff per 100 compared to a high of 1.01.

Benchmarking to other Councils shows the labour costs of City of Greater Bendigo as a percentage of total operating expenditure are comparable to, or less than, other similar Councils. City of Greater Bendigo falls mid-range in the manager-to-staff ratio. The Review notes that overall, City of Greater Bendigo is not over-managed when looking at ratios at other Councils.

The Review finds that the amount of revenue raised by City of Greater Bendigo is slightly less per capita than other similar-sized municipalities such as the City of Ballarat and Greater Shepparton City Council. While the rate increase forecast for 2013/14 is higher than CPI, the Review finds that this can be attributed to growth, cost shifting by other levels of government and the move to address the asset renewal gap. The Review concludes: 

There is significant misinformation in the community regarding the financial status of City of Greater Bendigo that is not supported by the analysis undertaken by the Independent Review;  City of Greater Bendigo’s expenditure and full-time equivalent staff per head of population is amongst the lowest of comparable Victorian Councils;  City of Greater Bendigo’s employee cost proportion of expenses and indebtedness ratio compares favourably with comparable Victorian Councils.

Improvements The Review provides a valuable insight into how we operate and where improvements can be made. Many of the areas identified would be the same for any large organisation and in many we are already taking action to address the issues raised.

For example, the Review says we can do better at communicating and better at engagement. We agree and have already made significant improvements in this area and will continue to do so. We have consolidated much of our communications within the Executive Services Unit in order to help ensure continuity of messaging across the organisation. We have developed a Community Engagement Framework to ensure we can work better with our community to deliver good outcomes. We acknowledge that more work is needed, and will always be needed as the nature and expectation of our community, and methods of communication change rapidly. We are committed to making improvements as required The Review says there is room for improvement in the way we manage our assets when planning for and building new ones. We know this and we are already working to make improvements here.

PAGE 126

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Most importantly, it identifies systems, processes and good governance as a key area for improvement. This is about getting our decision making right at all levels. In order for this to happen, City of Greater Bendigo and Council must strengthen their working relationship and work together to ensure the decisions we make are the right ones for the greater good of the community, based on the best available and relevant information.

Where to from Here The Review notes that the role of local government in Australia is highly complex, often not well understood and most importantly has changed significantly over the last few decades. Historically, Local Government has been focussed on what are considered essential or core services, being roads, rates and rubbish. Today, Local Government has become much more complex in both its diversity of service delivery, an increasing and ageing infrastructure portfolio and changing constituency demographics and pressures/expectations. The concept of local government should not only be a provider of essential services, but should also facilitate and promote economic growth and development within the municipality We agree. Rates, roads and rubbish remain important today but so does everything else and it is likely that our role will be expanded further as other levels of government shift their costs and responsibilities onto us. Local Government is looked upon to provide the services not delivered by Federal or State Government and not in the interests of private enterprise due to low returns and profitability. We also know the community looks to City of Greater Bendigo to enable prosperity, community wellbeing, a vibrant City, and sustainability in all its dimensions – financial, environmental, relationships, for not just our City, but the region.

The Review has provided City of Greater Bendigo with a unique opportunity to reflect on our role and what we can hope to be in the future.

Implementation of the recommendations should not be seen as the end of the process, but rather the beginning. It has given us the chance to ponder: Do we want to take Greater Bendigo to the next level or are we happy to be where we are? I think we have the staff expertise and commitment to be the best. Implementing the recommendations put forward by Aurecon will help us on this journey. Why wouldn’t we aspire for Bendigo to be the most liveable regional City in Australia?

Management welcomes the Review’s findings as an important step in achieving our core goal – to continuously improve so we are the best we can be.

This Management Response report is structured in a way that chapters of the IR Report with general response, commentary intend to comment in this report on each of the points raised in nor do I intend to repeat all the information contained in it. recommendations that are repeated throughout the report. recommendation is contained in the attachment.

PAGE 127

responds to each of the and summary. I do not the Independent Report, There are a number of The response to each

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

General Themes Part of this Chapter relates to Governance where there are a number of recommendations about Councillor induction and mentoring and training for Councillors and Executive regarding roles, responsibilities and Code of Conduct.

Other recommendations relate to consolidation of Council offices, strengthening resources in community engagement, centralising the advertising budget, formalising and mandating a Communications Policy. The Governance and other matters raised here need to be considered throughout the Report.

Recommendations: 11, 38, 39, 40, 41, 43, 46, 56, 67.

Governance The Chapter on Governance evolved during the review process with a number of submissions from internal and external sources suggesting that the Governance of the City of Greater Bendigo could be improved. The Consultants have made a number of observations and findings, particularly in relation to the role of the Mayor, Councillors, CEO and the Organisation.

They also discuss the Governance structure and relationships between Councillors, Councillors and the CEO and Councillors and the Organisation.

The recommendations in this Chapter relate particularly to governance training for Councillors and Staff and ensuring that Councillors are provided with sufficient information to make decisions. There needs to be greater clarity on roles and responsibilities and expected behaviours to ensure that good governance is always present.

I believe it is important that this governance training takes place and that it is compulsory for Councillors and the Executive team. We need to do this together to clearly understand the rules, to enable action to be taken on breaches of those rules and to provide the City of Greater Bendigo with a clear process for decision making.

Reference is also made to Occupational Health and Safety with a recommendation to review the policies and training in this area. We take OH&S very seriously in the organisation, review our policies and practices regularly and provide training across the organisation.

Recommendations: 32, 40, 56, 57, 58.

Income and Expenditure and Economic Development The Consultants merged these two areas together into one workstream for the Report.

They reviewed the Councilâ&#x20AC;&#x2122;s financial position, forecasts, policies and reporting compliance. Overall, the City of Greater Bendigo is well placed financially through prudent financial management and a strong focus on assurance that required standards and processes are complied with. The City of Greater Bendigo was benchmarked against other similar sized local governments and standard financial indicators. In most instances, the comparisons indicate that the financial management of the business is very sound.

PAGE 128

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

The main recommendations for improvement relate to the implementation of a Performance Management Framework and System across all levels of the organisation and mandating the use of business cases for all investment projects.

Work has commenced to develop a more robust performance management system and a policy exists for business cases for projects over $3M. The recommendation relating to the engagement of a specialist to define strategies for the City of Greater Bendigo to reduce the burden of the Defined Benefits Superannuation Plan liability should be considered by the Councilâ&#x20AC;&#x2122;s Superannuation Working Party. This is a Local Government sector matter and whilst the City of Greater Bendigo is actively seeking change, it should not necessarily carry the burden of all the costs of engaging specialist knowledge on this matter.

Other recommendations relating to fees and charges and some expenses, particularly waste, are matters that have been underway for some time. With regard to Rates and Charges, a brochure is distributed each year with rate notices providing an explanation on how the rates, charges and valuation system works.

There are 8 recommendations under the sub-heading of Economic Development. They are predominantly operational in nature and can be considered as part of the information and processes used to support economic development. The City of Greater Bendigo is producing a new Economic Development Strategy which will be used to guide the work of the Economic Development Unit.

I think that the Report tended to focus this section on the Economic Development Unit itself and not the efforts of the entire organisation in adding to the economic vitality of the region. By delivering services, building infrastructure, overseeing regulations and generally enhancing liveability, the City of Greater Bendigo adds to the economy on a daily basis. And we should not forget the role that we play in advocacy. With this in mind, I believe that this section is quite limited.

Succession planning is referred to in the Report. This is an important part of the Councilâ&#x20AC;&#x2122;s Workforce Development Plan. Other priorities in the Plan are being addressed in the first instance.

Recommendations: 5, 10, 14, 16, 18, 19, 22, 30, 31, 48, 49, 59, 63, 64, 65, 66 Quality of Service Delivery, Management and Staffing, Structure and Innovation There has been quite a lot of benchmarking and analysis undertaken by the Consultants in this chapter. There is significant reference to the service reviews that are already underway in the organisation, particularly relating to Aged and Disability Services and Early Childhood Services. A number of recommendations refer to continuing these reviews.

PAGE 129

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

The City of Greater Bendigo has improved in its community satisfaction ratings in recent years and rates strongly when compared with other Regional Cities and the state wide average. Delivery of services to the community is a key element of Local Government with all business units providing a service to a customer. We continue to strive for improvements to the way that we deliver these services and in particular, the way that we keep the customer informed. Reference is made in the Report to ‘closing the loop’ which is, and will be, emphasised further across the organisation. Some system upgrades, including software enhancements and improvements to the telephone systems, are recommended and supported.

The organisation structure was reviewed by the consultants with their conclusion being “that it is able to respond to the needs of the community, deliver adequate services of a high quality and align with the Vision and Strategy of the elected Councillors. This structure is continually reviewed and updated as necessary”.

A couple of recommendations refer to Business Unit descriptions and reviewing names of Directorates and Business Units.

A significant recommendation from the Consultants is the reference to advocating and planning for the consolidation of City of Greater Bendigo offices. This is highlighted in a Case Study included in the Report. This is a matter that will require careful consideration

by Council and will require substantial resources even for the planning and development phase. A further report can be provided to the Council on this matter.

The second recommendation of the Report refers to classification and work structures needing review based on some submissions from staff. This is ongoing and forms part of the annual review of position descriptions and performance. Not all staff will be completely satisfied with their classification and banding, however it is important that we are consistent and fair in our approach to staffing matters.

The planning permit process was an area that was brought to the attention of the Consultants. Land Use Planning is a complex part of Local Government and creates challenges for decision making in the sector, and at a State level. The conclusions and recommendations on this topic could be applied to any Local Government. A number of them are in place already, but further refinement of some practices will make sure our planning system and service delivers good long term outcomes for our community, and supports investor confidence for ongoing economic activity.

The most controversial recommendation in the Report relates to the separation of “City Futures” from City of Greater Bendigo. A number of examples are provided where parts of organisations have been separated from the entity to allow a broader focus and a greater entrepreneurial approach. The areas listed: Tourism, Art Gallery, Capital Theatre, Major Events and Economic Development have been very successful in recent years with recognition at local, state and national level.

The greatest challenge in this recommendation is reference for the proposed new entity to become self-funded within five years. These are services provided by Local Government because they require government funding for delivery. They are not profit making but need to be provided as a response to community need. More clarity is needed here and further discussion required with the Council to establish the scope and parameters that any investigation may focus on.

PAGE 130

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

A significant cost of any service based business is the employment of staff. Employment costs were 36% of operating costs in 2012/13. The Consultants have benchmarked the City of Greater Bendigo wages and structures against other similar local governments and have concluded that “City of Greater Bendigo is not over managed” and that City of Greater Bendigo staff salaries are generally lower than other regional and metropolitan Councils.

The City of Greater Bendigo staff are our most valuable resource and we need to continue to invest in staff and provide the resources that they need to deliver great services to the community.

Recommendations: 2, 6, 7, 8, 9, 10, 11, 12, 13, 15, 17, 20, 21, 23, 24, 33, 34, 42, 44, 47, 51, 52, 53, 54, 55, 68.

Prioritising Capital and Major Works This workstream was identified by the Council in its brief to the Consultants with an emphasis on assisting the Council to allocate resources for Capital Works during the Council Budget process.

Council is responsible for over $1B of infrastructure and community assets. These relate to roads, drains, bridges and footpaths, public reserves and approximately 800 buildings ranging from scoreboards, public toilets, recreation facilities, to the magnificent Bendigo Town Hall. Ensuring that we keep these assets in sound working order, fit for their purpose in meeting community need, is a major task and one that requires ongoing resources.

Asset Management Plans and Policy have been identified as an area where improvements can be made in planning for and allocating resources to the renewal and upgrade of those assets. Work has commenced on these Plans and this is picked up in the review Report as an area that should be completed. The recommendations relating to this are supported.

The Consultants also refer to the development of a “Matters for Decision” template that would add to the information provided to make decisions at Budget. This template, when developed, could be also used in other decision making processes and ensure a consistency in approach to information reporting to the Council.

Recommendations: 3, 4, 16, 25, 26, 27, 28, 35, 36, 69.

Communication and Community Engagement One of the most important processes in Local Government is the engagement of the community in matters that are important to them. Another is to what level the City of Greater Bendigo is able to communicate effectively with the community. Council has a Community Engagement Strategy and has made improvements to the delivery of communications by centralising most of our communication resources.

PAGE 131

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

The Report discusses the need for both strong communication and community engagement from the City of Greater Bendigo and we collectively support this. A review of the Community Engagement Framework toolkit, and training associated with it are supported.

The City of Greater Bendigo Communications Plan has been enhanced by the development of â&#x20AC;&#x153;A Plan for Good Communications 2013-17â&#x20AC;? (draft) which develops a framework and provides staff and Councillors with the appropriate tools to assist them in being effective communicators, internally and externally. The Report recommends formalising and mandating a Communications Policy.

Other recommendations refer to centralising the advertising budget, investigating the use of in-house resources for graphic design and a Community Engagement Officer. These matters require further investigation to determine the benefits that might accrue from such actions.

The identification of relevant stakeholder groups for regular communication and engagement is supported.

Recommendations: 29, 37, 38, 39, 45, 46, 50, 51, 60, 61, 62.

Conclusion The recommendations in the Review Report are supported in principle with many already underway. Most of them are operational in nature and some need clarification and further discussion with the Council to verify the intent of the recommendation before proceeding.

The Council needs to consider this report and determine its response to the Review.

Further analysis is needed regarding timing of the implementation of the recommendations and the resources required to do so. Limited funds have been provided in the 2013/14 Budget for this purpose. This could be subject to a further report following Council consideration.

Attachments 1.

Recommendations and responses.

PAGE 132

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

RECOMMENDATION 1.

That Council receive the Management Response to the Independent Review Report, adopts in principle the 69 recommendations contained in the Report, and seek an implementation plan and communications plan from the Chief Executive Officer.

2.

That a Committee of all Councillors supported by the Chief Executive Officer and Manager, Executive Services be established as the Independent Review Implementation Committee to oversee and monitor the implementation of the Review with Terms of Reference for the Committee to be considered at the first meeting to be held on Tuesday 27 August 2013 and that meetings be held at six (6) week intervals and that regular reports be provided to the community.

PAGE 133

Good Governance and Decision-Making - Reports

Item No

Recommendation

Ordinary Meeting - 21 August 2013

Outcome

Priority

CEO's Response

Governance 32

Develop robust and detailed governance training for both Councillors and CoGB staff.

Effective training tools and material for the implementation of ongoing training.

HIGH

This recommendation is strongly supported. While a Councillor Induction Program is implemented after each council election to provide an understanding of the role and function of the Council and the organisation supporting it, further clarification and prominence should be paid to what governance means not only in terms of statutory obligations but also in a practical sense in order to establish, from the outset, a trusting, respectful working relationship between councillors and officers. Training should not be seen as a one-off induction, but may also include specific training to address issues on an atneeds basis, training that is mindful of a new Council with both returned and new councillors, and training that is tailored around differing learning styles and pace.

The same approach to governance training applies to staff.

40

Mandate ongoing training and education in Governance, roles and responsibilities, communication protocols (internal and external), and the Code of Conduct for all Councillors and Directors.

Up-skilled Councillors and Directors able to provide the community with strong leadership during his/her term in office.

MEDIUM

This recommendation is strongly supported. Training in governance, the respective roles of councillors and the supporting organisation under the CEO, is further enhanced with access to complementary education such as the Local Government Diploma, MAV coordinated training, and targeted in-house training engaging sector specialists. This training, be it general or more specific, needs to be designed to reflect individual learning styles.

PAGE 134

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

CEO's Response

41

Develop an education series for Councillors to provide ongoing guidance and assistance on relevant subjects (such as planning, HACC services, relevant legislation changes, cost shifting by the Federal and State Government, asset management and capital works, roles and responsibilities, Code of Conduct).

Explore opportunities to create the position of an in-house Councillor Research Officer, dedicated to assisting Councillors.

Up-skilled Councillors able to provide the community with strong leadership during his/her term in office.

MEDIUM

This recommendation is strongly supported. The varied and complex areas highlighted in the recommendation already form part of the formal Councillors Induction Program commencing immediately after a council election and should be ongoing. This is augmented by other educational opportunities provided by the MAV and subjects covered within the Local Government Diploma course. Further training may be provided on an at-needs basis, mindful of differing learning styles and pace.

Efficient and effective provision and communication of key information to Councillors.

Reduced need for Councillors to approach CoGB staff for specific information.

Councillors able to allocate more time to strategic activities.

MEDIUM

Investigation into the need for such a position is supported, and any analysis of the issue should be mindful of recommendation 58 in terms of potentially reducing workload and the existence of an established protocol, the purpose of which is to identify the scope of access councillors have to information held by the Council to ensure that councillors receive appropriate information to make informed decisions on matters before the Council and the process to be followed. The Protocol serves to maintain the integrity of the two functions: that of the Council, and that of the organisation under the CEO supporting the Council. If the recommendation were to be implemented, very clear protocols will need to be in place to address it.

56

PAGE 135

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

CEO's Response

57

Review CoGB’s policies and training relating to bullying, discrimination and harassment prevention, and how individual training needs are assessed and align to performance and development goals.

More formalised and robust assessment and training in these areas will provide CoGB Councillors and staff with a better understanding of workplace expectations.

MEDIUM

Policies related to bullying, discrimination and harassment are regularly reviewed and are updated as legislation changes.

Training is available across the organisation and attendance at workplace behaviours training is mandatory for all staff and is run every six months to ensure people new to the organisation attend. In addition, management specific training is available.

Over the next 18 months, Take A Stand training will be delivered across the organisation, which covers the prevention of family violence and supports Council's decision on 14 November 2012 Council to adopt and sign the “Achieving respect and gender equality in Greater Bendigo” position statement in support of the City’s 2012-2015 Violence Prevention Plan.

Councillor specific training is included as part of induction processes.

Recommendations 32, 40, 41, 44 and 67 are relevant when considering training and development needs and requirements for Councillors.

As a new performance management system is designed and implemented (see Recommendation 10) the ability to ensure better assessment and alignment will be strengthened.

58

Reiterate the process for Councillors obtaining information, providing guidance on what is considered reasonable in relation to the matter under consideration.

Greater respect and understanding of each other’s roles and responsibilities by CoGB Councillors and staff.

MEDIUM

PAGE 136

Reference is made to recommendation #56 and the procedure already in place that identifies the scope of access councillors have to information to make informed decisions on matters before the Council mindful of the roles and responsibilities of both councillors, as constituent members of the Council, and the supporting organisation of officers responsible to the CEO. In all cases there is always the need to clarify the purpose of the request to ensure relevance and maintain the integrity of the two functions.

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

67

Develop and facilitate a formal mentoring program for newly elected Councillors that will provide them with guidance from experienced Councillors in Bendigo and/or other councils across the state.

A formal framework in place to support new Councillors in his/her transition into his/her role.

LOW

CEO's Response

The initiative to provide newly elected councillors with guidance from appropriate, experienced former councillors from Bendigo, or drawn from across the state, as part of the formal induction program is supported. There is merit in the mentoring initiative as it will further enhance the existing program and has the potential to be tailored to accommodate different learning styles and needs. For the purposes of clarity and to avoid misunderstanding, there would need to be clear terms around the composition of the panel of mentors and their engagement.

Income and Expenditure and Economic Development 5

Facilitate the development and finalisation of the Waste Strategy to determine the best way to manage waste going forward, and undertake analysis to determine the cost and requirements for the rehabilitation of historic sites and current sites once they reach capacity.

Clear strategy for the future of waste management in the municipality and a clear understanding of the costs associated with landfill rehabilitation and a plan from Council as to how this should be funded.

HIGH

10

Implement a performance management:· - Framework; · - Change management plan; and,- an information technology software system which is capable of facilitating performance management for all levels of the organisation (CoGB, Directorate, Business Unit and

Clear and transparent organisation performance and a ‘high performance culture’

HIGH

Council's draft Waste and Resource Management Strategy is well progressed and is anticipated to be adopted in 2013.

The strategy will establish a strong and clear strategic position in regard to the organic waste stream, public place recycling, Council's short and long term role in the Commercial & Industrial and Construction & Demolition waste streams, hard waste collection, littering and dumping, and the critical role of education to achieve better environmental, social and financial results. Understanding the liabilities and public risks in past landfills and establishing a programmed response to address these is an important action for the City in demonstrating civic leadership in environmental management as well as allowing it to make sound financial decisions by better understanding these latent obligations.

A review of the performance management framework is supported and work has commenced to develop a more robust and useful performance management framework. This work will continue.

A budget bid for new software to support improvements at the individual performance level was not supported in the 2013/14 budget. Dedicated resources will be required to deliver this important recommendation for all levels of the organisation. It is expected to take longer than 12 months to implement to ensure procurement processes for a new system are completed, investment in developing capability occurs and effective consultation with staff takes place, which are all critical to fostering a high performance culture.

Capacity to track and monitor organisation and individual performance.

PAGE 137

Good Governance and Decision-Making - Reports

Item No

Recommendation

Ordinary Meeting - 21 August 2013

Outcome

Priority

Identified trends in user fees and charges showing Council and CoGB the level of fee and charges compliance.

HIGH

CEO's Response

individuals).

14

Review user fees charged. Enforce their requirement.

Mandate monetary bonds for medium to large events held in public spaces and gardens.

PAGE 138

Fees and charges are a significant source of revenue for Council, representing 16% of the operating income in 2013/14.

In 2012, Council adopted a Pricing Policy to achieve transparency regarding the settling of fees. During 2013/14, all fees and charges will be assessed to ensure alignment with the policy.

Specifically, the setting of mandatory bonds for medium to large community events will need to be considered by Council in the light of the levels of use and damage to Council assets, the users of the facilities, the proposed bonds and processes for refunds.

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

16

Mandate the completion of business cases (or other similar financial analysis documentation) to investment grade for all major investment projects.

Monitor the revenue and expenditure associated with BenCon, the Livestock Exchange and Bendigo Airport for annual reporting to Council.

Responsible investment in major infrastructure projects that achieve a positive financial return for the community.

HIGH

A Council Policy was adopted in 2012 requiring the preparation of a Business Case for capital projects with a value greater than $3M. The financial analysis component of the policy can be reviewed

Transparent trends of the actual cost of service provision to the community.

HIGH

Monitoring the revenue and expenditure on all City programs, projects and business entities is undertaken formally at a senior management level on a monthly basis, formally by Finance Committee on a bimonthly basis and by the full Council on a quarterly basis. The quarterly Council report is made available to the public as part of this process.

19

Undertake a review of current waste management contracts with a view to finding efficiencies.

Value-for-money outcomes for CoGB.

HIGH

22

Ensure that a transparent explanation of rates charges and the rating strategy is provided to the community, particularly in reference to revaluation.

Increased transparency.

HIGH

The City's Waste and Resource Management Strategy that is currently under development will establish a strategic position on the organics waste stream, recycling services, the Construction & Demolition and Commercial & Industrial waste streams. In doing so, opportunities to obtain more efficient and improved service delivery will be identified and pursued in line with the Strategy's overall objectives and principles.

Each year there is information provided to the community on the Budget, of which a major part is the setting of Rates and Charges. Information is also provided to ratepayers with their Rate and Valuation Notice about how the rates are calculated and the impact of a revaluation. This information will be reviewed and improved where possible.

18

PAGE 139

CEO's Response

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

30

Monitor working capital (liquidity) and the capital replacement financial ratios including any internal or external factors which will adversely affect these and, if necessary, take corrective action.

Engage a specialist to define strategies for CoGB to reduce the burden of the Defined Benefits Superannuation Plan liability.

Improved transparency in working capital and capital replacement costs.

HIGH

Financial Reports currently include Working Capital Ratios and will be updated to include capital replacement financial ratios and monitored to enable corrective action if required.

Improved transparency in strategies to manage the Defined Benefits liability.

HIGH

The Council has made decisions about advocating for changes to the Defined Benefits Superannuation Scheme. Detailed information is available to the community on the COGB website regarding Defined Benefits. Council has committed to make funding provision for potential superannuation calls in future.

31

CEO's Response

Engaging a specialist is not one of the current agreed actions and will require careful consideration.

48

Work with local businesses to maximise benefits of the NBN rollout.

Increased and sustained economic development in the region.

MEDIUM

This recommendation is supported and is already being undertaken albeit with limited resources in association with the regionally-focussed â&#x20AC;&#x153;NBN for Bendigo Loddon-Malleeâ&#x20AC;? Group

49

Create a succession management plan for all senior management and other critical CoGB positions.

An organisation resilient to change.

MEDIUM

The organisation has in place a Workforce Development Plan to ensure workforce skills meet the service delivery needs for the community, now and into the future.

Undertaking succession planning, to increase the availability of experienced and capable employees, has been identified within this plan as a key challenge.

Following consultation, there were other challenges, viewed as higher in priority and the implementation of this work is scheduled for beyond 12 months. To bring this work forward will likely require an increased investment in resourcing.

PAGE 140

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

59

Create an Economic Development Unit ‘template’ document to produce generically branded reports with similar content and structure.

Promote clustering of local businesses into ‘hubs’ to develop new opportunities as a ‘low cost solution’.

Consistent reporting structure.

Increased efficiency and transparency.

LOW

Consistency in reporting is supported, however clarification is required regarding the types of reports referred to.

Increased and sustained economic development in the region.

LOW

More information is required. The Bendigo Manufacturing Group is an example where businesses have come together, shared information and are working on winning business through collective effort.

Facilitate local business opportunities in alternative energy, industrial waste, digital/advanced manufacturing, micro businesses and greater share of “professional services spend”.

Improve use of Australian Business Registry information and demographic profiling products to capitalise on market intelligence.

Improved use of Economic Development Australia membership to enhance benchmarking efforts and strategic planning.

Increased and sustained economic development in the region.

LOW

This recommendation is supported but we would already suggest we are already undertaking it in large part, albeit with very limited resources.

Increased and sustained economic development in the region.

LOW

This recommendation is supported and should be relatively easy to implement.

Increased and sustained economic development in the region.

LOW

This recommendation is supported although it is largely nebulous in nature.

There are far more effective and less expensive ways to gather economic development ideas and examples in our view.

63

64

65

66

PAGE 141

CEO's Response

Good Governance and Decision-Making - Reports

Item No

Recommendation

Outcome

Ordinary Meeting - 21 August 2013

Priority

CEO's Response

Quality of Service Delivery, Management and Staffing, Structure and Innovation 2

Undertake an organisation-wide review of all classifications and work structures to formalise and document consistent roles, responsibilities and salary banding.

Consistent salary banding across the organisation.

Clearly defined roles and responsibilities.

Increased operational performance across the organisation.

HIGH

This recommendation is supported and further assists the organisation to meet its aims in the 2010 Enterprise Agreement, one of which is to provide “for a fair and transparent approach to conditions of employment including remuneration” (Clause 3).

The Executive Management Team, supported by the People and Performance Unit, will continue to work with managers across the organisation to better define roles and responsibilities with employees and to review work structures as needs and priorities change.

To best achieve its intended outcomes of consistency, clarity and increased operational performance, this organisationwide review needs to be adequately resourced and must take into consideration any internal relativities within units and across roles that may exist. This organisation-wide review needs to also have regard for the bigger picture facing local government so that the organisation’s classification structure can be effective in achieving a further aim of the Enterprise Agreement, which is that “conditions of employment [are] conducive to the retention of existing staff and for the attraction of new staff” (Clause 3).

The organisation is about to commence the renegotiation of its Enterprise Agreement, which may add to the complexity of this review.

PAGE 142

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

6

Following completion of the Aged and Disability Services review, implement and complete the recommendations adopted by Council in a timely manner.

Restructure of the unit in a timely and cost effective manner.

HIGH

Councillors received a briefing on the Aged and Disability Services review in July. The review was underway when the Independent Review commenced in 2013.

The review investigated how changes and regulations will impact how the Council is involved in ADS and what changes to service delivery are required to move forward.

The Sector is changing dramatically, particularly with services open more broadly to the market.

Council has provided initial direction to progress work on a number of options for future service delivery.

Officers will continue working with the State Department of Health as the funding agency and as the determining body over future funding allocations for HACC.

7

Following completion of the Early Childhood Services review, implement and complete the recommendations adopted by Council in a timely manner.

Restructure of the unit in a timely and cost effective manner.

HIGH

The Early Years review is complete and due to present to Council in an initial workshop on 9th August.

Council will need to consider the review report and the options for service delivery.

In order to implement and complete the recommendations adopted by Council in a timely manner, additional and dedicated resources will be required including project management and may be subject to decisions of external stakeholders beyond council control, e.g. other Early Years providers.

PAGE 143

CEO's Response

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

8

Investigate the option to separate the Economic Development Unit, Tourism, the Bendigo Art Gallery, The Capital and Major Events from City Futures into a separate entity.

This investigation must include an implementation plan which would provide strategies and direction for the entity and underlying Business Units to aspire to become a self-funding operation within five years of separation. It must also include a plan to incorporate Major Projects into another Directorate of CoGB.

Increased and sustained economic development in the region.

Increased transparency and reporting on the income and expenditure of these units.

HIGH

CEO's Response

This recommendation is supported â&#x20AC;&#x153;in principleâ&#x20AC;? and considered worthy of thorough investigation.

There are differing views in our community about the level of resources the Council should commit to the areas within the City Futures Directorate including the management oversight of complex major projects.

In some respects much of the work of this Directorate represents parts of our business that are well appreciated by people and government external to our local community, in large part because much of its focus and relationships go well beyond our municipal borders.

The Directorate prides itself on being outwardly focussed, relatively entrepreneurial in nature and shares the view with Aurecon that some of its functions may be assisted by being at very least semi-detached from Council day-today operations for a variety of reasons.

Complex issues that will need to be thoroughly considered in any sound investigation into this matter include: Ownership and accounting for depreciation on buildings; Capital works and maintenance costs; Options around alternative company and/or management structure; The notion of a base level of guaranteed Council funding or otherwise; Revenue-raising flexibility; Employment arrangements and transition costs.

PAGE 144

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

9

Engage with Local Government Victoria regarding the program to streamline and benchmark KPIs across local governments.

Quantitative and qualitative comparisons around themes such as engagement techniques, process timeframes and managing referrals.

HIGH

10

11

Implement a performance management:· - Framework; · - Change management plan; and, - an information technology software system which is capable of facilitating performance management for all levels of the organisation (CoGB, Directorate, Business Unit and individuals).

Advocate and plan for the consolidation of CoGB offices.

Clear and transparent organisation performance and a ‘high performance culture’

The introduction of a standardised set of key performance indicators and measures across the sector is a welcome move and will further assist the organisation to monitor and benchmark its performance.

The organisation will continue to engage with Local Government Victoria and is awaiting the outcomes of the sector pilot project that is currently underway. The indicators and measures being piloted do not address engagement but instead focus on the three areas of: Service Performance, Financial Performance and Sustainability.

HIGH

This work has been driven by the Victorian Auditor General’s Report into Local Government Reporting and follows previous work that was being done by the Essential Services Commission. To be able to meet these mandated obligations from 2014/15, additional investment in CoGB systems and coordination may be required.

A review of the performance management framework is supported and work has commenced to develop a more robust and useful performance management framework. This work will continue.

A budget bid for new software to support improvements at the individual performance level was not supported in the 2013/14 budget. Dedicated resources will be required to deliver this important recommendation for all levels of the organisation. It is expected to take longer than 12 months to implement to ensure procurement processes for a new system are completed, investment in developing capability occurs and effective consultation with staff takes place, which are all critical to fostering a high performance culture.

Capacity to track and monitor organisation and individual performance.

A ‘high performance culture’ in the organisation.

Increased organisation efficiencies.

CEO's Response

HIGH

There has been work undertaken on consolidation of office accommodation in the past, which is reflected in the case study of this report. The cost of CoGB office development was $30M, the $60M figure quoted in the report was the development cost for the whole of the Lyttleton Terrace block.

This is a matter that requires careful consideration by Council, and will require substantial resources even for the planning and development phase.

PAGE 145

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

12

Review CoGB’s instrument of delegation for Planning Permit Applications (including the Surf Coast Shire’s approach to delegation to a skills based, volunteer, Council appointed Special Committee).

Increased focus on customer service.

HIGH

Review CoGB’s Statutory Planning Unit consultation and mediation process and policy.

Increased focus on customer service.

Increased skills in mediation for Planning staff.

Increased transparency in Planning Permit Application decision making.

HIGH

A clear recommendation on the future of Aged and Disability Services and Early Childhood Services for consideration and approval by Council.

HIGH

13

15

Finalise the Aged and Disability Services and Early Childhood Services reviews by 31 July 2013.

CEO's Response

Changes made to the Statutory Planning Service over the last few years have been well received. A 24% increase in planning permit applications has been absorbed within existing resources by improved systems and efficiencies. The % of permits completed within the statutory timeframes had slipped to 62% in 2011/2012, as discussed in the report. The data for 2012/2013 shows an improvement to 69%.

A review of the delegations for planning permit applications is timely and will deliver 2 outcomes (1) improved outcomes for customers and community through improved efficiencies and shorter time frames for decisions; and (2) enable Councillors more time to focus on strategic issues, as recommended in the review.

Consultation is an important part of the planning application process. It helps community members understand the process, and can identify changes to applications that are agreeable to all parties.

Clarity of the objectives, roles and procedures, and skill development in consultation are all important, and the proposed review will support that.

Refer 6 and 7.

Service reviews are completed with Council receiving briefings on the 25th July and 9th August 2013 respectively Resources will be required to implement Council’s preferred direction for future service provision (project management).

Timing of the recommendation will stretch into medium term.

PAGE 146

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

17

Review the services provided by each Business Unit (and) to define the extent to which they are being subsidised by rates and other income.

Report to be generated annually for Council.

Develop a change management strategy to undertake any adopted structural changes to the Aged and Disability Services Unit.

Transparent trends of the actual cost of service provision to the community.

HIGH

It is useful to understand the level of subsidisation of Council services. A report can be generated for Council consideration during the annual budget deliberations, as was undertaken in the 2013/14 budget development process.

Strong engagement and ownership of the process by staff affected by the change.

HIGH

The Aged and Disability Services review provided options for Council consideration of ways to deliver these services to the community.

Any changes to methods of service delivery will need to be carefully considered as part of the review with a strategy for implementing changed needed.

The adoption of future models for each service function will be dealt with individually within a broader change management strategy and implemented through a planned approach.

It is a significant part of the City of Greater Bendigo business with approximately 270 staff, 200 volunteers and approximately 3,900 clients accessing the various services.

Timing of the recommendation will stretch into medium term.

Develop a change management strategy to undertake any adopted structural changes to come from the Early Childhood Services Review.

Strong engagement and ownership of the process by staff affected by the change.

HIGH

Early Childhood Services is a significant part of Council's business with staff resources across many work sites and many clients, particularly young families.

Any changes proposed by the review will require careful consideration to ensure that they are implemented in a fair and managed way.

It is a significant part of the City of Greater Bendigo business with approximately 90 staff, and hundreds of families accessing the various services.

20

21

PAGE 147

CEO's Response

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

23

Adopt and implement an organisation-wide policy and procedure for closing the loop on customer enquiries and complaints.

Increased focus on customer service. Clear roles and responsibilities for resolving customer enquiries and complaints.

HIGH

PAGE 148

CEO's Response

Improvements have been made to the level of customer service within the organisation with increased customer satisfaction levels with customer service.

The Customer Service Charter was reviewed in 2012 and responsiveness to customer requests has improved.

There is continued opportunity for improvement and â&#x20AC;&#x2DC;closing the loopâ&#x20AC;&#x2122; is a term that we have used in the organisation to ensure that customer requests are finished off and those community members involved are adequately informed about the progress and outcome. This continues to be a work in progress.

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

24

Develop and mandate a consistent process for logging and tracking enquiries and complaints received in Pathway.

Increased focus on customer service. Clear roles and responsibilities for resolving customer enquiries and complaints.

HIGH

There is a real need to integrate software systems that can communicate with each other and are supported by a consistent process.

This will need to be included in the IT Strategy and resourced appropriately.

It also requires rigour around management enforcement and expectations of the process.

33

Review Directorate and Business Unit names to increase clarity around roles and responsibilities.

MEDIUM

A review of Directorate and Business Unit names can be undertaken. Changes only need to be made where improvements to clarity around roles and responsibilities are evident.

34

Benchmark planning practices and metrics with a minimum of two comparable councils (e.g.

Ballarat City Council and the City of Greater Geelong) for annual reporting to Council.

Increased focus on customer service. Clear roles and responsibilities for resolving customer enquiries and complaints.

The benchmarking will provide quantitative and qualitative comparisons around themes such as engagement techniques, process timeframes and managing referrals.

MEDIUM

Benchmarking with other Councils on limited quantitative data is undertaken statewide and reported annually.

CEO's Response

Benchmarking is an important tool to help review practices. The quality of the decisions in the long term is the most important outcome, but is very hard to measure in the short term.

Further benchmarking on key indicators will be developed with 3 comparable councils.

PAGE 149

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

CEO's Response

42

Consider opportunities to improve the relationship between the planning team and public / applicants.

This may include educating the community on the planning process and timelines so as to manage community expectations.

Review and update the current complaint handling procedure to include complaints relating to Councillors.

A community that is well informed about the planning approval process, leading to better customer service outcome and level of satisfaction.

MEDIUM

Statutory Planning staff undergo training in consultation. It is important to continue this strength of the planning process.

Clear and transparent process to follow in the event that inappropriate communications or behaviours are reported.

Better engagement with, and support provided to, the local indigenous and migrant communities.

Better inclusion of these groups into the wider Bendigo community.

MEDIUM

A Councillor Complaints Procedure is currently being finalised before consideration by the Council. It will result in a clear process to be followed which will serve to avoid misunderstanding and confusion about roles and responsibilities in dispute resolution.

MEDIUM

Local Government Victoria has undertaken some work on the development of Reconciliation Action Plans for local Councils. This could be used as a starting point for a City of Greater Bendigo Reconciliation Action Plan.

A Cultural Diversity Strategy would need to be considered along with other priority strategic work.

44

47

Develop a Reconciliation Action Plan and Cultural Diversity Strategy during the 2013-14 financial year.

We will actively explore options for improving community knowledge and understanding of the process and what to expect, as both applicants or objectors.

PAGE 150

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

CEO's Response

51

Set long term aspirational goals for the Community Satisfaction Survey outcomes, execute appropriate plans and track progress annually. These goals should relate to organisational best practice.

Clear and transparent organisation performance and a ‘high performance culture’

MEDIUM

Many of the existing City of Greater Bendigo KPI’s are set on the Community Satisfaction Survey outcomes. The organisation strives to actively increase its levels of community satisfaction by delivering on the Council Plan and continuously improving our service delivery. A specific plan to focus on enhancing the outcomes has not been prepared as the survey goes across most parts of our business.

The Community Satisfaction Survey results are available over the past 10+ years for tracking, although the survey has partly changed in recent years making some comparison more difficult.

52

Prepare Business Unit descriptions for inclusion on the CoGB website.

Increased focus on customer service. Clear roles and responsibilities for resolving customer enquiries and complaints.

MEDIUM

This recommendation is supported. There could be merit in including business unit descriptions on the website as it could assist members of the community clearly identify the function or purpose of the unit, particularly in relation to communicating with the unit. This recommendation also fits in with recommendation 33.

PAGE 151

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

53

Investigate the use of the DPCD Regional and Rural Planning Flying Squad to provide resources for high priority planning scheme amendments.

Decreased turnaround time for high priority planning scheme amendments.

Increased customer service.

Internal resources made available for other tasks.

MEDIUM

Formulate a clear and transparent set of priorities for planning scheme amendments for the coming financial year for approval by Council and communicate these and the associated processes to the community.

Understanding of high priority planning scheme amendments.

Decreased turnaround time for high priority planning scheme amendments.

MEDIUM

Implement a formal organisation-wide continual improvement program.

Alignment with Best Value Framework

MEDIUM

54

55

CEO's Response

The investigation is completed.

We had applied to use this service to assist with the amendment workload.

We have just been advised that the service has run out of funds and is no longer available.

Work is needed in better prioritising the amendment workload, in line with Recommendation 54.

There are a number of known PSAs planned for each year which are resourced as part of the council budget. What is not known is other PSAs that might be initiated from other sources during the year.

A clear and transparent set of priorities will assist allocating resources. Benchmarking with other like councils will be used to guide this process.

PAGE 152

Funding has been allocated in the 2013/14 budget to pilot a continual improvement program. This pilot aims to build on and formalise existing efforts that have been annually reported to continually improve and deliver best value services to the community.

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

68

Consolidate the Bendigo and Heathcote Customer Support phone systems.

Increased focus on customer service.

LOW

The telephone system is proposed to be upgraded to include provision for this connection, although Heathcote connection will be reliant on telecommunications links being available (eg NBN)

HIGH

Consistent and transparent decision making processes are supported.

The introduction of a Matters for Decision template will ensure relevant and consistent information is provided to inform decision making.

It will be necessary to determine the required template content, how and when the template is to be applied, its relationship to existing systems, and to ensure current processes are streamlined not duplicated.

CEO's Response

Prioritising Capital and Major Works 3

Create a standardised Matter for Decision template for investment and business case proposals (capital works, operational expenditure, service provision, upgrades/renewals, direct requests from Council and asset maintenance) to be applied across all Directorates.

The Matter for Decision template must include:· - Information on the project, the need and purpose, and budget implications· - The outcome for and benefit to the community· - Clearly link the expense to the Asset Management Register (if appropriate)· - A clear link between the Council’s Vision, strategy, Plan and the project· - A monetary and risk threshold and decision making process to define the extent and depth of the business case and

Clear and transparent matter for decision process implemented across the organisation.

This will enable transparent decisions to be collated and assessed.

PAGE 153

Good Governance and Decision-Making - Reports

Item No

Recommendation

Ordinary Meeting - 21 August 2013

Outcome

Priority

A structured and transparent approach to selecting the programs and infrastructure investments that provides the greatest value to the community.

HIGH

CEO's Response

reporting required, and level of approval (similar to a procurement policy).

4

Create a formal asset management and infrastructure project ranking and evaluation framework.

PAGE 154

Council has project ranking processes for the majority of infrastructure programs and extending these to cover the entire suite of asset replacement, upgrade and new construction activities is an important step in helping to ensure that money is invested to best respond to the needs in both established and developing community areas. The City's recent initiative to establish a dedicated asset management resource will see great progress in this regard over the coming months and years.

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

16

Mandate the completion of business cases (or other similar financial analysis documentation) to investment grade for all major investment projects.

Finalise the Asset Management Policy and form an active Asset Management Steering Committee to monitor progress.

Responsible investment in major infrastructure projects that achieve a positive financial return for the community.

HIGH

A Council Policy was adopted in 2012 requiring the preparation of a Business Case for capital projects with a value greater than $3M. The financial analysis component of the policy can be reviewed

A structured and transparent approach to selecting the programs and infrastructure investments that provides the greatest value to the community.

Improved efficiency in asset management across the organisation

HIGH

A new Asset Management steering committee comprising two directors, management representation from across the organisation and the (recently appointed) Coordinator-Asset Management has been established and meetings have commenced. A draft Policy has been developed and will be presented to Council for adoption in 2013.

HIGH

A draft Asset Management Strategy to support the Asset Management Policy has been developed. Following Council adoption of the Policy the Strategy will be approved for implementation. Development of individual asset management plans in response to the strategy will occur over a period of several years.

25

26

Finalise the Asset Management Strategy and implement action plan items to achieve 80% Core Maturity.

PAGE 155

CEO's Response

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

27

Finalise Asset Management Plans for the following assets:· - Roads – sealed/unsealed roads, footpaths, kerb and channel, street furniture, urban street trees · - Bridges and major culverts· - Drainage systems, flood levees and pump systems· - Parks and recreation facilities· - Waste disposal and resource recovery systems· - Plant and fleet· - Office systems and furniture.

Formalise and document the process used to develop individual project budgets for Capital Works.

A structured and transparent approach to selecting the programs and infrastructure investments that provides the greatest value to the community.

HIGH

With over one billion dollars in infrastructure assets, Asset Management Plans are a critical element in the ongoing improvement and refinement of the City's long term financial plan and short term budgeting processes. These will be developed on a prioritised basis and delivered over the coming years.

Improved transparency in asset management across the organisation

HIGH

There is an existing process for preparing capital works budget bids, however the recent establishment of an asset management group within the organisation will further progress decision making processes in coming years (see also Rec. 4). The introduction of Project Management software will substantially assist this process.

28

PAGE 156

CEO's Response

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

35

Engage with stakeholders impacted by the future Bendigo Airport upgrade.

Increased buy-in and ownership of the project by the community.

Immediate

This recommendation is supported.

Council will be provided with options for the future operating sustainability of the Bendigo airport in the near future by staff in conjunction with the Bendigo Airport Advisory Committee.

36

Develop a detailed business case for the upgrade of Bendigo Airport to define the most cost effective funding mechanism.

A transparent and robust business case to provide a value-for-money outcome for the community.

MEDIUM

This recommendation is supported and is already in-train.

69

Investigate the implementation of a new Asset Management System.

Improved efficiency in asset management across the organisation

LOW

A review of the Asset Management System is supported and will be necessary to improve efficiency across the organisation.

PAGE 157

CEO's Response

Good Governance and Decision-Making - Reports

Item No

Recommendation

Ordinary Meeting - 21 August 2013

Outcome

Priority

CEO's Response

Communication and Community Engagement 1

29

Create and continually update an implementation strategy and Communications Plan to address and action the recommendations of this Review.

Implement training for use of the Community Engagement â&#x20AC;&#x201C; Guidelines and Toolkit by Councillors and senior staff to understand appropriate methods of engagement for various scenarios and the format and desired outcomes of these methods.

A review of current engagement practices could inform such training by identifying particular areas of strength and/or weakness.

Continued progress in actioning the recommendations of the Independent Review. Efficient and effective implementation of recommendations.

HIGH

Extraction of better outcomes from community engagement with the appropriate methods being selected for various engagement scenarios.

HIGH

An implementation strategy and communication plan is appropriate and needs to be developed following formal consideration of the Report by the Council.

Once the Recommendations are adopted

by Council, they need to be prioritised with timeframes, resources and responsibility attached.

The Council should develop a communications plan to ensure that the Council, organisation and community are informed of progress of implementation.

The organisation undertakes community engagement every day in a host of different ways, applying the adopted framework to select the method and tools.

The existing framework is due for review, and ongoing training for Councillors and all staff who do engagement is supported.

PAGE 158

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

CEO's Response

37

Develop a tool (e.g. a checklist) to assist CoGB staff to define the appropriate level of communication and engagement of stakeholders and community for future projects.

Tailored and appropriate levels of engagement with the community leading to increased levels of satisfaction.

MEDIUM

Most council projects exist as a result of Council adopted strategies or asset plans, and are supported by Council budget allocations. These are all formally adopted

by Council and publicised.

An engagement toolkit (referred to in recommendation 29) is already in place and extensively used. It will be reviewed as part of the review of the Community Engagement Framework.

Communications is a component of community engagement and a more comprehensive toolkit for this component will further assist.

The significant improvements made in this area over recent years will be enhanced by these reviews.

38

Centralise the advertising budget and resources within the Communications and Media Team to improve buying power and negotiating influence.

Streamlined advertising process.

Decreased budget variations. Cost savings.

MEDIUM

PAGE 159

Centralising the advertising budget has the potential to improve buying power and negotiating influence in the local media market. Units across the organisation have under-budgeted for their advertising spend and this is, in part, is due to a lack of understanding about the costs associated with advertising. Having a more coordinated approach should lead to more accurate budgeting and better quality, more targeted advertising. However, further work is needed to determine exactly how this will work and whether or not there is an argument for excluding City Futures from having to comply with this new approach. City Futures deals largely in advertising markets outside Bendigo so it is arguable that the same benefits that flow from centralising advertising for other parts of the organisation are not applicable to their area

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

CEO's Response

39

Formalise and mandate a Communications Policy so media releases are reviewed by the Communications and Media Team prior to release.

Consistent messages being released to the community from a centralised location within CoGB. Increased efficiency.

MEDIUM

Media releases should be issued via the Communications and Media Team.

Strengthening the wording around this area in our Media/Communications Policy is supported.

All external communications material should be reviewed by the Communications and Media Unit prior to distribution to ensure consistency of messaging and design and improved readability. The Communications Team is well positioned to deliver a whole of organisation communications approach.

43

Educate all Councillors and senior CoGB staff in CoGB Communication and Engagement protocols.

Clear and transparent guidelines regarding who can speak to the media and when.

Consistent Councillor and CoGB messages in the media.

MEDIUM

This recommendation is about communication only (not engagement which is addressed separately) and, with the commitment of the councillors, is supported because the authority and standing of the Council is diminished if mixed messages are received by the community, particularly in relation to sensitive or controversial issues.

45

Explore opportunities to use the services of an in-house graphic design resource.

Reduction in design costs and a more efficient process of developing CoGB publications.

MEDIUM

Employing an in-house graphic designer could reduce significantly reduce costs and at the same time allow for a consistent brand and style to be applied to external communications and marketing.

Notwithstanding this, an analysis will have to be done comparing the cost and merits of in-house graphic design services with outsourced providers in order to establish best value.

PAGE 160

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

46

Explore opportunities to use the services of an in-house Community Engagement Officer resource.

Better coordination of community engagement activities and provision of expert advice and assistance to staff across the organisation.

MEDIUM

CEO's Response

Community Engagement happens across the entire organisation and varies according to issue, service and audience.

Having a Community Engagement Framework, with associated training (Recommendations 29 & 43) is supported.

Staff with well-developed expertise already provide frequent guidance and advice to the rest of the organisation.

Consideration of allocating additional resources will require determination of the most productive operating model and a business case developed to determine if it is required.

50

Undertake an annual organisational survey of all CoGB staff and Councillors to track and benchmark the level and quality of internal and external communication and community engagement.

Maintenance of strong internal feedback and promotion of continual improvement.

MEDIUM

PAGE 161

An annual organisational survey of all staff and Councillors is supported. This survey can be used to track many elements of the business including internal and external communication and engagement. Staff surveys have been undertaken on a biannual basis in the past and it is now over two years since the last survey due to budget resources, which will need to be adjusted in future to align with an annual cycle.

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

CEO's Response

51

Set long term aspirational goals for the Community Satisfaction Survey outcomes, execute appropriate plans and track progress annually. These goals should relate to organisational best practice.

Clear and transparent organisation performance and a ‘high performance culture’

MEDIUM

Many of the existing City of Greater Bendigo KPI’s are set on the Community Satisfaction Survey outcomes. The organisation strives to actively increase its levels of community satisfaction by delivering on the Council Plan and continuously improving our service delivery. A specific plan to focus on enhancing the outcomes has not been prepared as the survey goes across most parts of our business.

The Community Satisfaction Survey results are available over the past 10+ years for tracking, although the survey has partly changed in recent years making some comparison more difficult.

60

Facilitate strategic roundtable discussions with key stakeholders on a regular basis.

Continued improvement of external stakeholder relationships and satisfaction levels.

LOW

This recommendation is highly supported but will need to be well resourced to ensure it works well. The team already does some good work in this area and would look forward to undertaking far more

61

Identify and regularly maintain a comprehensive and representative cross-section stakeholder register.

Streamlined processes around engagement and the identification of key contacts.

LOW

This recommendation would assist in identifying ‘who’ we do stakeholder engagement with across all areas of the organisation. It is a new and significant piece of work and requires resources allocated to ensure the appropriate technology supports this register.

PAGE 162

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Item No

Recommendation

Outcome

Priority

62

Establish an appropriate framework to communicate all events to local business, to provide more time for them to â&#x20AC;&#x153;gear upâ&#x20AC;? for the opportunities associated with the event.

Increased engagement with the local business community.

Increased economic activity in the region.

LOW

PAGE 163

CEO's Response

This recommendation is supported

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

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

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

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

2.

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

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

PAGE 164

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

Report Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Meeting Information Special Audit Committee 18 July 2013 1. Register of Interest Returns 2. Independent Review of Council Attendees/Apologies Cr Barry Lyons Apology: Cr Rod Campbell Mr Craig Niemann Ms Marg Allan/ Ms Kate Scarce Mr Ken Belfrage Mr Graham Bastian Mr Mark Holloway

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

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Meeting Information Consultation Meeting 9 July 2013 Planning application DS/108/2013 Staged subdivision of land into 30 lots and removal of native vegetation at 477-485 Tannery Lane, Strathfieldsaye Attendees/Apologies Cr Helen Leach Apologies: Cr Rod Campbell Cr Mark Weragoda Mr Stephen Wainwright Applicant Objectors

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

PAGE 165

left

Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 21 August 2013

Meeting Information Consultation Meeting 24 June 2013 Planning application DS/76/2012 Subdivision of land into 20 lots and the removal of native vegetation at 43 Sullivan Street, Ascot Attendees/Apologies Cr Peter Cox Apologies: Cr Lisa Ruffell Cr James Williams Mr Stephen Wainwright Applicant Objectors

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

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Meeting Information Consultation Meeting 23 July 2013 Planning application DC/273/2013 Construction of a service station with a self-bunded diesel tank and creation of two crossovers to a Road Zone 1 at 20 High Street, Marong

Attendees/Apologies Cr Barry Lyons Cr Elise Chapman Apology: Cr Rod Fyffe Mr Frank Casimir Mr Chris Duckett Applicant Objectors

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

PAGE 166

left

Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 21 August 2013

Meeting Information Councillors' Forum 24 July 2013 1. Planning matters and review of the draft Ordinary Meeting agenda 2. Emergency Management Plan 3. Bendigo Health accommodation - North Bendigo 4. Rosalind Park Master Plan 5. Media comment 6. Rail Trail 7. VCAT decision - 2 Club Court, Strathfieldsaye 8. Heritage issues 9. Former White Hills tip site 10. Illegal truck parking at Marong 11. Marong by-pass 12. Superannuation Forum 13. Website 14. Big Hill and Mandurang Landscape Assessment 15. Oceania table tennis competition 16. Maubisse visit report by Mayor 17. Questions for Aurecon re Independent Review 18. Electoral Districts 19. Councillor Conduct discussion paper 20. Costerfield Mine Desalination Plant Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Mr Craig Niemann Mrs Prue Mansfield Ms Marg Allan Mr Peter Davies Mrs Alison Campbell Apologies: Mr Darren Fuzzard Mr Stan Liacos Ms Pauline Gordon

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

PAGE 167

Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 21 August 2013

Meeting Information Bendigo Airport Advisory Committee 31 July 2013 1. Development plans and design works presentation 2. Planning scheme amendment and permit presentation 3. Business Plan 4. Draft Revenue Policy 5. 2013/14 Indicative Budget 6. Government Advocacy 7. Review of lead-in lines in the apron parking area Attendees/Apologies Cr James Williams Apology: Cr Mark Weragoda Mr Stan Liacos Ms Rachel Lee Ms Phil Hansen/ Mr Grant Welling Mr Herbert Hermens Mr Ken Belfrage Mr Patrick Falconer Mr Ray Walters Mr Rob Jarvis Mr Trevor Budge

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

PAGE 168

left

Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 21 August 2013

Meeting Information White Hills and East Bendigo Steering Committee 25 July 2013 1. Review of Stage 1 of report 2. Heritage Study understanding of archaeological sites 3. Community consultation with affected property owners

Attendees/Apologies Cr James Williams Cr Peter Cox Apology: Cr Lisa Ruffell Ms Emma Bryan Mr Andrew Cockerall Dr Dannielle Orr/ Mr David Bannear Ms Kate Gray

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

PAGE 169

left

Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 21 August 2013

Meeting Information Integrated Transport and Land Use Strategy 29 July 2013 1. Progress status report 2. Art competition 3. Citywide survey 4. Community workshops Attendees/Apologies Cr Rod Campbell Cr Barry Lyons Cr Peter Cox Mr Craig Niemann Ms Prue Mansfield Mr Andrew Cockerall Ms Katherine Wrzesinski Mr Darren Fuzzard/ Ms Jan Boynton Mr Stephen Smith Ms Sandra Wilson

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

PAGE 170

Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 21 August 2013

Meeting Information Natural Environment Advisory Committee 6 August 2013 1. Community grants 2. Community grants criteria review 3. Residential Strategy Review 4. Gardens for Wildlife 5. Big Hill and Mandurang Valley Landscape Assessment 6. Rosalind Park Master Plan 7. Wildlife Injuries and Deaths on Roads 8. Expression of Interest process for community members 9. Box Ironbark Ecology Course Attendees/Apologies Cr Rod Fyffe Mr Anthony Sheean Ms Robyn Major Mr Mark Stubbs/ Ms Wendy Radford Mr David Conley Mr Colin Smith Ms Kathryn Stanislawski Ms Phillipa Doyle Mr Joel North Ms Karen Corr Ms Kia Smith Ms Ruth Raleigh Apologies: Ms Lydia Fehring Ms Jodie Odgers

Conflict of Interest disclosures Matter Councillor/representative making Councillor/representative No. disclosure left meeting Ms Karen Corr (consultant and Chair of CVGA) Ms Kia Smith (BSG committee member)

PAGE 171

Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 21 August 2013

Meeting Information Bendigo Easter Festival Advisory Board 29 July 2013 1. Bendigo Easter Festival Format 2. Update on current Festival sponsorships Attendees/Apologies Cr Rod Fyffe Cr Helen Leach Cr Lisa Ruffell Mr Terry Karamaloudis Mr Raph Beh Mrs Lyn Brown/ Mr Barry McDowell Mr Rory Somerville Mr Gary Frank Mr Paul Rohan Ms Fiona Chibber Mr David Wright Mr Ken Deveraux Mr Paul Prendergast Ms Helen Yorston Ms Anita Jack Apology: Mr Phil Redmond

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

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

PAGE 172

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

6.3 INSTRUMENT OF DELEGATION TO THE CHIEF EXECUTIVE OFFICER Document Information Author

Richard Morrison, Manager Contract and Project Coordination

Responsible Officer

Peter Davies, Manager Executive Services

Summary/Purpose This report seeks Councilâ&#x20AC;&#x2122;s authorisation to change the Instrument of Delegation to the Chief Executive Officer in the matter of contract variation approvals, to provide increased operational flexibility and efficiency.

Policy Context Council Plan Reference: N/A. Instrument of Delegation to the Chief Executive Officer 3. Awarding of contracts Background Information A recent contract variation which was considered and approved by Council via a confidential report at its meeting on 10 July 2013 has highlighted an operational efficiency opportunity in the structure of the CEOâ&#x20AC;&#x2122;s delegation for contract variations.

The proposed change will continue to allow for continued good governance of contract spending but will allow for greater efficiency in dealing with reasonable contract variation claims.

Report While every effort is made to ensure that contract variations are minimised, there will inevitably be a contract where some unforeseen circumstances will require a contract variation. This can especially be the case in the early stages of a construction project where digging down into rock, contaminated soil and even abandoned mine shafts is not uncommon in this municipality.

The current CEO delegation for new contracts is $1.5m with a flat 10% delegation for variations. This provides for good governance by Council on contracts of the highest amount, however it reduces operational flexibility for contracts of lower amounts.

PAGE 173

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

This can lead to delays in decision making and therefore delays in project works with Council reports required for contract variations where it could be considered reasonable for the CEO to make the decision. This is particularly the case where the budget funding is already in place, e.g. through an approved contingency or specific reserve.

The proposed change: Contract variations not to exceed 30% of the original contract sum or $150,000, whichever is the lesser.

This proposed change keeps the current maximum variation delegation of $150k (10% of $1.5m) while the 30% provides greater flexibility in contracts below the CEOâ&#x20AC;&#x2122;s maximum delegation.

While a 30% variation to a contract represents a considerable change, the actual value change may not be considered worth the effort and time delay of requiring a Council report. This is particularly the case for smaller contracts, e.g. currently a $5k variation on a $20k contract would require a Council report for approval.

Project Managers, Managers and Directors will still be financially accountable for the performance of the project/contract via the existing financial reporting processes in place e.g. the Finance Committee.

The proposed change has been incorporated into the draft Instrument of Delegation attached.

Resource Implications No additional resources are required to implement this change.

Contract variations are required to be funded via appropriate approved project contingencies, related reserves or savings from the responsible Directors/Managers programs of works/operations.

Conclusion Legitimate contract variations are a management risk of all contracts and while every effort is made to minimise the number and scale of variations, some level of variation is inevitable.

The proposed change to the CEOâ&#x20AC;&#x2122;s delegation maintains the organisations good level of governance on contract variations and improves operational efficiency.

Attachments 1.

Revised Instrument of Delegation to the Chief Executive Officer, incorporating the proposed variation as outlined in this report

PAGE 174

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

RECOMMENDATION That Council: 1.

revoke the Instrument of Delegation to the Chief Executive Officer dated 15 August 2012;

2. authorise the attached Instrument of Delegation to the Chief Executive Officer; 3. authorise the Chief Executive Officer to affix the common seal of the Council to the new Instrument of Delegation to the Chief Executive Officer.

PAGE 175

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

INSTRUMENT OF DELEGATION TO THE CHIEF EXECUTIVE OFFICER

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

AND declare that

1. the Instrument of Delegated dated 15 August 2012 is revoked; 2. this Instrument of Delegation is authorised by a resolution of Council passed on 21 August 2013; 3. this delegation:

3.

2.1

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

2.2

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

2.3

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

2.4

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

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

DATED this

day of

2013

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

Chief Executive Officer

PAGE 176

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

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

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

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

raise substantial issues of controversy in the community;

(b)

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

(c)

require substantial financial commitment -

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

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

(b)

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

(c)

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

3. Awarding of contracts up to $1.5m (exclusive of GST) for one supplier, lump sum, single engagement contracts and variations up to 30% of the original contract amount or $150,000, whichever is the lesser and $1.5m per annum (exclusive of GST) for multi-year, schedule of rates based contracts in accordance with Council Policy and any contracts awarded following a public tender process be reported to Council within two (2) meetings.

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

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

if the issue, action, act or thing is an issue, action, act or thing which involves: 5.1 making a local law under section 119 of the Act; PAGE 177

Good Governance and Decision-Making - Reports

Ordinary Meeting - 21 August 2013

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

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

7.

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

policy; or strategy -

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

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

9.

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

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

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

PAGE 178

Ordinary Meeting - 21 August 2013

7.

URGENT BUSINESS

Nil. 8.

NOTICES OF MOTION

Nil. 9.

COUNCILLORS' REPORTS

10. MAYOR'S REPORT 11. CHIEF EXECUTIVE OFFICER'S REPORT 12. CONFIDENTIAL (SECTION 89) REPORTS Nil.

PAGE 179