council agenda - december 16, 2015

7/23/2019 Council agenda - December 16, 2015

http://slidepdf.com/reader/full/council-agenda-december-16-2015 1/139

PAGE 1

AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 16 December 2015

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

Q UESTION TIME WILL BE LIMITED TO WRITTEN QUESTIONS RECEIVED BEFORE

12 NOON ON THE DAY OF THE MEETING. THE QUESTIONS WILL BE READ BY A COUNCIL

REPRESENTATIVE AND ANSWERED BY THE MAYOR. THERE WILL NOT BE AN OPPORTUNITY FOR

QUESTIONS TO BE ASKED FROM THE FLOOR

VENUE:Reception Room,

Bendigo Town Hall,Hargreaves Street, Bendigo

NEXT MEETING:Wednesday 20 January 2016Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s Agendas & Minutes

can be obtained online at www.bendigo.vic.gov.au

http://www.bendigo.vic.gov.au/






PAGE 2

ouncil Vision

Greater Bendigo - Working together to be Australia's most liveable regional city.

ouncil Values

Council wants the community to continue to have reason to be proud of the city and willdo this through:

Transparency - Information about Council decisions is readily available and easilyunderstood;

Efficiency and effectiveness - Council provides services based on evidence ofneed and demonstrates continuous improvement in the delivery of services;

Inclusion and consultation - Council uses a range of engagement strategies toensure community members can understand and take part in discussion thatinforms the development of new strategies and actions;

Clear decisive and consistent planning - In a rapidly growing municipality, Councilundertakes to plan effectively for our long-term future;

Respect for community priorities and needs - Council will advocate for improvedservices for community members and will consider community impact andfeedback the decisions it makes.

Themes

1. Planning for Growth

2. Presentation and Vibrancy

3. Productivity

4. Sustainability

5. Leadership and Good Governance



PAGE 3

ORDINARY MEETING

WEDNESDAY 16 DECEMBER 2015

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 9

2. PLANNING FOR GROWTH 10

2.1 Bendigo Urban Flood Study - Adopt and Begin Planning

Scheme Amendment C221

10

2.2 Planning Scheme Amendment C216 - Hospital Precinct

Structure Plan, Consider Submissions and Adoption

18

2.3 5 Gold Hill Court, Kangaroo Flat - Four Lot Subdivision

with Common Property and Construction of Two

Dwellings

32

2.4 11a Arrawalli Avenue, Ascot - Approval of a Development

Plan, 8 Lot Subdivision, Development of 8 Dwellings and

Fences

48

3. PRESENTATION AND VIBRANCY 73

3.1 Support for Department of Environment, Land, Water and

Planning Committees of Management

73

3.2 Redesdale Community Hub Feasibility Study 80

3.3 Community Grants - Community Assessment Panels'

Member Appointments

86



PAGE 4

4. PRODUCTIVITY 91

5. SUSTAINABILITY 91

6. LEADERSHIP AND GOOD GOVERNANCE 92

6.1 Review of the Local Government Act 1989 92

6.2 Progress Report: Independent Review Implementation 102

6.3 Councillor Support Policy Update 110

6.4 Annual Report - Bendigo Livestock Exchange 2014/15 114

6.5 Annual Report - Works Unit 2014/15 119

6.6 Record of Assemblies 124

6.7 Contracts Awarded Under Delegation 135

7. URGENT BUSINESS 137

8. NOTICES OF MOTION 138

8.1 Notice of Motion: Future Use of Former White Hills

Landfill Site

138

9. COUNCILLORS' REPORTS 139

10. MAYOR'S REPORT 139

11. CHIEF EXECUTIVE OFFICER'S REPORT 139

12. CONFIDENTIAL (SECTION 89) REPORTS 139

12.1 Confidential Report in accordance with Section 89(2)(e) of

the Local Government Act 1989, relating to a proposed

development.

139

____________________________

CRAIG NIEMANNCHIEF EXECUTIVE OFFICER



Ordinary Meeting - 16 December 2015

PAGE 5

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time.

PUBLIC QUESTION TIME

Public Question Time Guidelines

Public Question Time – PurposeCouncil has provided the opportunity for members of the public to lodge written questionsof broad interest to Council and the community. Matters relating to routine Council worksshould be taken up with Council’s Customer Service Officers through its CustomerRequest System.

Question time will be limited to written questions received before 12 noon on theday of the meeting. The questions will be read by a Council representative andanswered by the Mayor.

No questions relating to planning matters on the Agenda will be accepted. By the timeplanning matters have reached the council agenda, they have been through an extensiveprocess as required by the Planning and Environment Act. In addition, in most instancesmediation has been held between the parties involved. Throughout the process there aremany opportunities for people to ask questions.

Public Question Time –

Where, When And WhoThe public question time is held at every Ordinary Meeting of Greater Bendigo CityCouncil. Meetings of Council commence at 6.00pm in the Reception Room, BendigoTown Hall, Hargreaves Street, Bendigo.

The public question time is held at the start of the meeting as close as practical to6:00pm. A maximum of 30 minutes has been provided for registered written questions.




PAGE 6

Acceptance of QuestionsCouncil’s Meeting Procedure Local Law does not allow for other questions or commentsduring the remainder of the meeting.

1. An individual may only lodge one question per meeting.

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

3. In the event that time does not permit all written questions registered to beanswered, questions will be answered in writing or referred to the next meeting ifappropriate.

4. The Mayor and or CEO have the right to decline registration on basis of:

Legal proceedings;

More appropriately addressed by other means; Vague or lacking in substance, irrelevant, frivolous, insulting offensive,

improper, defamatory or demeaning; Answer likely to compromise his / her position; Confidential, commercial-in-confidence.

5. Each individual whose written question has been accepted or declined will beadvised by early afternoon on the day of the scheduled meeting.

6. In the event of a written question being declined the question will be circulated tothe Council for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR CHAPMAN'S REPORT




PAGE 7

DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (asamended) 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 Officerbefore the meeting. Declaration of indirect interests must also include theclassification of the interest (in circumstances where a Councillor has made aDeclaration in writing, the classification of the interest must still be declared at themeeting), i.e.

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

A Councillor who has declared a conflict of interest, must leave the meeting andremain 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 aperceived conflict of interest.




PAGE 8

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 25 November 2015.

The following items were considered at the Ordinary Council meeting held onWednesday 25 November 2015 at 6:00pm.

Strathfieldsaye Township East Precinct - Revised Development Plan Funding Agreement

1-3 Bannerman Street, Bendigo - Subdivision of Land into 4 Lots (In Stages),Demolition of Outbuildings, Partial Demolition and Extension to Existing Dwellingsand Construction of 2 Dwellings (Single Storey)

Soldiers Memorial Institute Revitalisation Project Domestic Animal Management Plan 2016-2020

Review of Local Law No 2 - Keeping of Animals Revised Elmore Community Plan Future Management and Operation of Malone Park Disability Inclusion Reference Committee Home and Community Care Services Update Awarding of Contract No: CT000230 for Sealing of Various Roads Council Plan 2015-2016: First Quarter Report, September 2015 Councillor Dispute Resolution Submission to the Ministerial Advisory Committee Inquiry into the Enquiry into the

Environment Protection Authority

Financial Report as at 30 September 2015 2014/15 Annual Report - Goldfields Library Corporation 2014/15 Annual Report - Bendigo Stadium Ltd Record of Assemblies Contracts Awarded Under Delegation Section 89 Confidential Reports

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

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Council held on Wednesday 25 November2015, as circulated, be taken as read and confirmed.




PAGE 9

1. PETITIONS AND JOINT LETTERS

Nil.



Planning for Growth - Reports 10 Ordinary Meeting - 16 December 2015

PAGE 10

2. PLANNING FOR GROWTH

2.1 BENDIGO URBAN FLOOD STUDY - ADOPT AND BEGIN PLANNINGSCHEME AMENDMENT C221

Document Information

Author Emma Bryant, Co-ordinator Amendments & Heritage

Responsible Prue Mansfield, Director Planning & DevelopmentDirector

Summary/Purpose

Amendment details: This amendment implements the Bendigo Urban FloodStudy 2013, which was commissioned by the North CentralCatchment Management Authority and the City. It is one ofthe largest and most comprehensive urban flood studiesever undertaken and its implementation will provide aconsistent set of flooding planning controls across theBendigo Urban area for the first time

The amendment will apply flooding controls to a number of

properties to ensure that flooding is considered indevelopment proposals. It will also reduce planning permitrequirements when certain conditions are met and introduceguidelines for development within flood prone areas.

Proponent: City of Greater Bendigo and North Central CatchmentManagement Authority

Key issues: Updating the flood controls for the City to assist future landuse planning and development decisions to minimise therisks to the Bendigo community from flooding.

Recommendation: That Council adopt the Bendigo Urban Flood Study 2013 and request the Minister for Planning to authorise Amendment 221 to the Greater Bendigo Planning Scheme,and when authorised, exhibit the Amendment.

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2015-2016 Update)

Planning for Growth Council manages the planning and development of the City through the preparation

of major strategies and effective amendments to the planning scheme.




PAGE 11

Sustainability Implement the Bendigo Flood Study by commencing the associated planning scheme

amendment.

Background Information

The key steps in the Amendment process are summarised below:

For many years the “Land Subject to Overland Flooding” overlays in Bendigo’s PlanningScheme have been recognised as being out of date and inaccurate. In 2009, afterextensive lobbying by the Director Planning and Development, the City, North CentralCatchment Management Authority (NCCMA), the State Government and the FederalGovernment (via the then Natural Disaster Mitigation Program) committed funds toundertake a new flood study for the purpose of updating these overlays in the PlanningScheme. Refer attachment for final study.

Send to Minister for Approvaland Gazettal

Council decides to Adopt or Abandon the Amendment

Council requests an IndependentPanel to consider submissions

Submissions received?

Public Exhibition of Amendment

Council decides whether to seekMinisterial Authorisation

Amendment prepared

Panel Hearing held

We are at thispoint




PAGE 12

Bendigo is made up of a very complex series of catchments and sub catchments thatultimately feed water into Bendigo Creek that travels north towards the Murray River. Tofully understand this complexity, the consultant, Water Technology, integrated twomodels to map overall flooding. The Rainfall and Runoff Model , otherwise known as theSpine model, was used to model the main creeks. This model was calibrated using datafrom existing stream gauges and observations / photos obtained from the communityduring early consultation phases. The Rainfall on Grid model was used to model themany individual small catchments across the city using real ground surface levels andapproximately 20,000 underground stormwater pipes.

The resulting raw data was very detailed ranging from a small puddle in a back yard to afast flowing creek; approximately 50,000 properties were affected. The consultantsbelieve that the study is the largest of its type ever undertaken in Victoria and possibly Australia (1 computer ran the models for more than 12 months).

The NCCMA and the City then applied filters to this information, eg removing all flooding

less than 50mm, removing ‘puddles’ less than 800m2, to come up with the ultimate‘mainstream flooding’ along the creeks and waterways and ‘stormwater flooding’. Stormwater flooding areas were further refined to only include areas where the drainageproblem was unlikely to be fixed in the near future as no feasible solution has beendetermined and where development in the flood path could affect downstreamproperties. The stormwater flooding overlay is also proposed on and behind the levybank in Epsom to protect the levy from development, and to prevent development thatcould be affected by levy bank breaches.

The study area was expanded after the project had started to include Maiden Gully,Strathfieldsaye and Junortoun for completeness and to provide information for structure

planning. These areas were not included in the original study area, which focussed onthe Bendigo Creek, as they drain into the Myers Creek and Axe Creek / CampaspeRiver.

Community Consultation:

Given the nature of the study and potential number of properties affected, an extensivecommunity consultation process was undertaken following finalisation of the Study in late2013. The City and the NCCMA individually contacted nearly 10,000 people who couldbe affected by the Study, to seek feedback on the flood mapping.

Communications included: Media briefing, media releases and public notices Individual letters to properties owners affected by the proposed Planning Scheme

Overlays (9,216). Twelve public workshops to allow individual residents, businesses, and

landowners to discuss the flood study at prearranged times. More than 600 individual meetings Radio and television Website (more than 2,500 hits) Social media




PAGE 13

The consultation allowed landowners the opportunity to provide further data to assist inrefining the predicted impacts of storms on their property. The further informationgenerally related to recent changes in landform or structures and where warranted theflood mapping was changed.

Planning Scheme Controls

The final flood mapping from the Study has been translated to planning scheme controls;either to a Land Subject to Inundation Overlay, (‘mainstream flooding’, which is currentlyapplied in some areas of the municipality), or to a Special Building Overlay. TheSpecial Building Overlay identifies where there are issues with the council urbandrainage system as opposed to flooding along the creeks.

The Environmental Significance Overlay is currently used in the planning scheme as atype of de facto flooding overlay. It is therefore proposed to remove this overlay fromcreeks that do not have environmental concerns; ie constructed channels and minor

waterways not designated under the Water Act 1989.

It is also proposed to amend the Land Subject to inundation Overlay to reduce planningpermit requirements and to introduce a Local Floodplain Development Plan, which willprovide specific guidance for planning permit applicants.

Previous Council decisions

23 October 2013 – Council endorsed the community consultation phase for the study.

Report

The Planning and Environment Act 1987 allows for a planning scheme Amendment to beinitiated by a municipal Council, or a Council can respond to a request for an Amendment by any person or body.

When requesting authorisation from the Minister for Planning, an Explanatory Reportmust be submitted that discusses the purpose, effects and strategic justification for the Amendment. Key issues identified in the Explanatory Report are summarised below.(Full copy attached).

Land affected by the Amendment

The Amendment will affect approximately 5,500 properties in total across the Municipalityby either adding or removing an overlay. Some properties will be affected by more thanone map change. Refer to attached map of land to be affected by a flooding control.

What the Amendment does

The Amendment proposes to:

Amend Clause 21.08 Environment of the Municipal Strategic Statement to refer to theimportance of flood management and planning.




PAGE 14

Rezone 16 Rosemundy Road from Urban Floodway Zone to Farming Zone.

Apply the Land subject to Inundation Overlay to a number of properties throughoutthe municipality (approximately 5,074 properties).

Remove the Land Subject to Inundation Overlay from a number of properties

throughout the municipality (approximately 682 properties). If appropriate apply the Floodway Overlay to a number of properties.

Introduce Clause 44.05 Special Building Overlay schedule to the scheme.

Apply the Special Building Overlay to a number of properties throughout themunicipality (approximately 776 properties).

Remove the Environmental Significance Overlay schedule 1 from a number ofproperties (approximately 2,000 properties).

Amend the schedule to Clause 44.04 Land Subject to Inundation Overlay to reduceplanning permit requirements and to include a Local Floodplain Development Plan.

Amend the schedule to Clause 61.03 to update the list of maps in of the planningscheme.

Amend Clause 81 to include the Bendigo Local Floodplain Development Plan (2015)as an incorporated document in the planning scheme.

Social, Economic and Environmental Impacts

The amendment will have overall positive social, economic and environmental benefits inthat it will provide more accurate flood information to the community. The amendmentproposes to apply development controls in areas affected by flooding to mitigate againstrisk to life and property. The new controls will create a safer living and workingenvironment for the occupants of the properties concerned. Having development that isdesigned appropriately to withstand flooding will not only make the community safer, itwill save the community money in the longer term.

The new controls will also help to prevent inappropriate development from occurring inthe flood ways that could reduce the capacity of the floodplain to store and conveyfloodwater, or divert floodwater to other land not normally inundated by floodwater.

Well-designed development will also have benefits for the environment in that the

floodplain will be better managed reducing impacts downstream.

The new flood information will be made available to the insurance industry via theVictorian Flood Database. This will result in lower premiums for many landholders as theinsurers will be able to refine and reduce premiums based on the accurate information;they are currently using out of date information based on the 2010/11 floodsconservatively to determine premiums.

Strategic Justification – Planning Context

The Amendment is supported by the following clauses in the Greater Bendigo Planning

Scheme:




PAGE 15

State Planning Policy Framework

Clause 11.02 Supply of Urban land

Planning for urban growth should consider the limits of land capability and naturalhazards and environmental quality.

11.05-4 Regional Planning Strategies

Respond to the impacts of climate change and natural hazards and promote communitysafety by siting and designing new dwellings, subdivisions and other development tominimise risk to life, property, the natural environment and community infrastructure fromnatural hazards, such as bushfire and flood.

13.02 Floodplains

Identify land affected by flooding, including floodway areas, as verified by the relevantfloodplain management authority, in planning scheme maps. Avoid intensifying theimpacts of flooding through inappropriately located uses and developments.

14.02 Catchment planning and management

Undertake measures to minimise the quantity and retard the flow of stormwater runofffrom developed areas.

14.02-2 Water quality

Discourage incompatible land uses in areas subject to flooding to ensure minimumimpact on downstream water quality or flow volumes.

19.03 Stormwater

Reduce the impact of stormwater on catchments.

Local Planning Policy Framework

21.08 Environment

21.08-4 Implementation

Further strategic work identifies the need to apply the new flood mapping in statutorycontrols, and to provide design and development guidelines for land use anddevelopment in and near floodplains.

Consultation/Communication

Considerable consultation has taken place with key stakeholders and governmentagencies prior to the proposed formal community consultation phase of the project. This

consultation has been managed via a stakeholder project steering committee chaired bythe City’s Director of Presentation and Assets.




PAGE 16

Preliminary feedback was also obtained from members of the public who were able toprovide valuable photographic and video evidence of the impact of known stormsthroughout Bendigo. This information was used in the preliminary calibration processesfor the ‘spine’ model.

Discussions have also occurred with representatives from the (community based) EpsomHuntly Drainage Committee.

External Consultation:

NCCMA State Emergency Service Coliban Water Department of Environment and Primary Industries Department of Environment, Land, Water and Planning Bureau of Meteorology

Internal Consultation:

Engineering and Public Space Statutory Planning Emergency Management and Risk Communications and Media

Future Consultation

Once the amendment is authorised it will be publicly exhibited for a minimum of a month,as required under the Planning and Environment Act 1987 . The City must give notice of Amendments to all owners and occupiers who may be materially affected by an Amendment, together with prescribed Ministers and public authorities.

The Amendment notice will be exhibited in the Government Gazette and the Bendigo Advertiser Newspaper and information provided on Council’s website. A bulletin will alsobe sent to affected landholders explaining the changes, and a community informationsession will be held for people to drop in and ask questions, and one on one meetingswill be held with individuals if needed.

Due to the community consultation that has already occurred, and the high resolution of

issues raised about the flood data already, it is expected the consultation process will runsmoothly, but provisions are in place for extensive community interest and responses.

Conclusion

To ensure that new development in or near floodplains is designed appropriately toprotect assets, life and the floodplain, it is critical that this new flood information isintroduced to the planning scheme. It is recommended that Council seek authorisationfrom the Minister for Planning to prepare and exhibit the Amendment.




PAGE 17

Options

Council has the option of: Supporting the Amendment proposal and making a request to the Minister for

Planning to authorise preparation and exhibition of the Amendment. Refusing the request to prepare an Amendment. Requesting further information if the Amendment application documentation is not

sufficiently comprehensive for a request to the Minster at this time.

Resource Implications

Extensive officer time will be required to prepare the Amendment documentation forauthorisation, exhibition, manage the exhibition process and liaise with the Minister forPlanning.

The City is responsible for payment of statutory fees and costs incurred in the processing

of the Amendment. This may include a panel hearing process if the Amendment hasunresolved submissions following exhibition. This has been budgeted for.

The amendment will result in more properties being covered by an overlay thereforeincreased planning applications. However this resource cost is partially off –set by thedevelopment of more permit exemptions in the overlay, development of a FloodplainDevelopment Plan to give more guidance on applications and a reduction of the risk ofdevelopment and infrastructure being affected by flooding in the future.

Attachments

Bendigo Urban Flood Study 2013 Explanatory report Map of flood area

RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Adopt the Bendigo Urban Flood Study 2013.

2. Request the Minister for Planning to authorise Council to prepare Amendment C221to the Greater Bendigo Planning Scheme.

3. When Authorised by the Minister, exhibit Amendment C221 to the Greater BendigoPlanning Scheme giving notification as required for six weeks.




PAGE 18

2.2 PLANNING SCHEME AMENDMENT C216 - HOSPITAL PRECINCTSTRUCTURE PLAN, CONSIDER SUBMISSIONS AND ADOPTION


Author Mark Stubbs, Senior Strategic PlannerAlison Kiefel, Council Projects Planner


Summary/Purpose

Amendment details: The Amendment seeks to introduce the Hospital PrecinctStructure Plan (2014) into the Planning Scheme.

The amendment will; Update the Municipal Strategic Statement, Introduce a local planning policy on Hospital Precinct

Medical Centres, Amend the existing Parking Overlay, Insert a new Parking Overlay, Insert two new Design and Development Overlays,

Remove a section of Heritage Overlay on Drought Street,remove the Neighbourhood Character Overlay onBarnard, Lucan, Bayne and Arnold Streets,

Establish the Hospital Precinct Structure Plan as areference document and implement a number of zonechanges.

Proponent: City of Greater Bendigo

No. of submissions: 13 – No objections

Key issues: Introduction of new policies to guide development, and

development location. Requests to include land in the Design and Development

Overlay. Enquiries regarding Parking.

Recommendation: That Council adopts the amendment with changes andrequests the Minister for Planning to approve C216.

Policy Context


Theme 2 - Planning for Growth




PAGE 19

2.2 Council manages the planning and development of the City through thepreparation of major strategies and effective amendments to the planningscheme.

2.2.1 Complete and implement the following major strategies through planningscheme amendments:

Hospital Precinct Structure Plan


The key steps in the Amendment process are summarised below:

The Hospital Precinct Structure Plan (HPSP) was adopted by Council on 10 September2014 following an 18-month preparation timeframe. A high priority action is to implementthe HPSP by making various zoning, overlay and policy changes to the Greater BendigoPlanning Scheme. These changes are integral to realising the vision and objectives ofthe HPSP.

We are at thispoint

Send to Minister for Approvaland Gazettal

Council decides to Adopt or Abandon the Amendment

Council requests an IndependentPanel to consider submissions

Submissions received

Public Exhibition of Amendment

Council decides whether to seekMinisterial Authorisation

Amendment prepared

Panel Hearing held




PAGE 20

Previous Council Decisions

April 2013 Consideration of Technical Analysis ReportOctober 2013 Draft Concept Structure Plan April 2014 Draft HPSP released for community commentSeptember 2014 HSPS adopted by CouncilMarch 2015 Council supports Amendment C216 to be authorised by the Minister

for Planning and exhibited.

Report

An Explanatory Report is attached and details the purpose, effect of the Amendment andprovides the strategic justification for the Amendment as required. Key issues identifiedin the Explanatory Report are summarised below.

Land affected by the Amendment

The Amendment applies to 165 hectares of land immediately surrounding the newBendigo Hospital, generally bounded by Norfolk Street, Smith Street, Nolan Street,Napier Street, Joseph Street, Chapel Street, Pall Mall, View Street, Valentine Street,Hustlers Road, Hunt Street and Orlwin Street, Bendigo. It is shown as the ‘HospitalPrecinct’ on the map below.




PAGE 21

What the Amendment does

The Amendment implements the Hospital Precinct Structure Plan (2014) by updating theMunicipal Strategic Statement, introducing a local planning policy on Hospital PrecinctMedical Centres, amending the existing Parking Overlay, inserting a new ParkingOverlay, inserting two new Design and Development Overlays, removing a section ofHeritage Overlay 4 on Drought Street, removing the Neighbourhood Character Overlay 1on Barnard, Lucan, Bayne and Arnold Streets, establishing the Hospital PrecinctStructure Plan as a reference document and implementing a number of zone changes asspecified in the Hospital Precinct Structure Plan.


Exhibition Procedures

The Amendment was exhibited for six weeks (must be a minimum of a month) from 30July to 10 September 2015.




PAGE 22

Notice was provided in the following manner:

Individual notices to owners and occupiers of land affected by the Amendment, whichwere customised to identify specific changes according to property.

Notices included an information bulletin and plain English summary report wasprovided to owners and occupiers of all properties affected by changes proposed by

the Amendment. Notices to prescribed Ministers under Section 19(1)(c) of the Planning and

Environment Act. Notices to all authorities materially affected under Section 19(1)(a) of the Act. Public notice of the Amendment in the Bendigo Advertiser on 29 July, 1 August, 12

August and 15 August 2015. Publication of the notice of the Amendment in the Government Gazette on 30 July

2015. Information sessions on 3 August, 11 August, 18 August, and 22 August 2015. Information available on the City's website.

Submissions

Thirteen (13) submissions (6 from referral authorities and 7 from the public) werereceived during the exhibition period and are summarised below.

All submitters have been contacted to discuss and respond to concerns, resulting in allsubmitters having no objection to the amendment. Therefore no Panel is necessary toproceed with this amendment.




PAGE 23

Submitter 1: R Martin & L Hodgens (E+ Architecture)

Summary of Submission Officer Response & Recommendation

Should consider changing the proposed

rezoning between Barnard, Water,Bridge and Arnold Streets to haveCommercial activity addressing BarnardStreet and residential behind. BarnardStreet is best suited to this busier andnoisier environment, whilst housing isbest suited to the centre of the block (i.e.Uley Street area) and along WaterStreet, where there is less traffic andhigher amenity overlooking RosalindPark.

Exhibited Rezoning Map

C1Z = Commercial 1 ZoneRGZ = Residential Growth Zone

Recommendation: No change to

amendment. After information provided regarding theResidential Growth Zone and theamendment, the submitter confirms noobjection.

A change to the configuration ofproposed rezonings is not necessarilyrequired, and could potentially becounter-productive.

The C1Z, is proposed to be applied toproperties on the first half of WaterStreet leading up from Bridge Street.The remaining half of the streetoverlooking Rosalind Park is within theRGZ and so apartments andtownhouses could be developed to takeadvantage of the amenity of thisposition.

The Residential Growth Zone (RGZ),proposed for Barnard Street, and UleyStreet (north side), allows certaincommercial uses either as-of-right orwith a planning permit. Conversely, ifthe Commercial 1 Zone (C1Z) wereapplied to this area, the range ofcommercial uses would increase, andcould potentially dilute commercialinvestment into Bridge Street where it ismost needed.




PAGE 24

Recent developments in Bridge Street donot live up to the image of Bridge Streetshown in the 'artist's impression’ in theHospital Precinct Structure Plan.Concerned that Bridge Street will not

provide a pedestrian-friendly corridor andthat this might be better redirected alongWater Street where there is less trafficand higher amenity.

Recent developments in Bridge St arenot yet subject to the controls beingintroduced in this amendment, which isto guide development as per theStructure Plan. The quality of building

design along Bridge Street willundoubtedly have a strong influence onthe appeal of the street for pedestrianactivity. Water Street is still likely to be apopular walking street for the reasonsnoted, however Bridge Street is thepreferred location to encouragepedestrian activity to support businessesand add life to the street. Bridge Streetis also the most suitable for walkingbecause it is flat.

Delivering higher quality, well-designedmedium density housing in Bendigo isessential and we would like to engage infurther discussion on this topic with theCity of Greater Bendigo.

This further discussion is welcomed, andis particularly relevant to the HousingStrategy that is currently beingdeveloped.

Submitter 2: North Central Catchment Management Authority


Supports the exhibition as exhibited. Recommendation: No change toamendment.

Submitter 3: Devin Pty Ltd


Supports the amendment.

Would like the dual lane in Bridge Streetretained due to its function as a majorthoroughfare and to avoid causing trafficcongestion.

Recommendation: No change toamendment.

Noted, however as advised in publicinformation, the amendment does notreduce traffic lanes in Bridge Street.However, the Structure Plan, which willbe a reference document in the PlanningScheme, documents changes to BridgeStreet a key strategy for access andmovement.




PAGE 25

Submitter 4: Rising Sun Property Consultants (on behalf of The Cheng andLok Company Pty Ltd)

Summary of submission Officer Response & Recommendation


Strongly supports rezoning of land at 38Bridge Street to Commercial 1 Zone, aswell as the 16-20m building height.

Notes one small typographical error inthe DDO.

Recommendation: correct minor spellingerror in DDO.

Submitter 5: Provincial Matters (on behalf of QOD Property Group Pty Ltd andLakkis Bros Bendigo Pty Ltd)



Supports in particular opportunities forcommercial growth and higher densitydevelopment, and built form planningcontrols.

Also supports the rezoning of the subjectsite from Commercial 2 to Commercial 1.

Requests that that the Design andDevelopment Overlay (Schedule 21) forBridge Street is extended to include thesubject site, which is considered to bepart of the Bridge Street precinct. TheDDO controls should provide directionrelated to building height and form, aswell as interaction with the adjoining park

and other land uses.

Recommendation: Change amendmentto include subject site in Design andDevelopment Overlay 21; proposedchange is for height controls of 12 – 16m(H3), built to edge of title and includeweather protection on primary frontage.

The submitter supports this change.

Note: The City of Greater Bendigo is thelandowner of the site subject to thissubmission (Chinese Museum).




PAGE 26

Submitter 6: Provincial Matters (on behalf of Bendigo Chinese Association)



Supports in particular opportunities forcommercial growth and higher densitydevelopment, and built form planningcontrols.

Also supports the rezoning of the subjectsite from Commercial 2 to Commercial 1.

Requests that that the Design andDevelopment Overlay (Schedule 21) for

Bridge Street is extended to include thesubject site, which is considered to bepart of the Bridge Street precinct. TheDDO controls should provide directionrelated to building height and form, aswell as interaction with the adjoining parkand other land uses.

Recommendation: Change amendment

to include subject site in Design andDevelopment Overlay 21; proposedchange is for height controls of 12 – 16m(H3), built to edge of title and includeweather protection on primary frontage.

The submitter supports this change.

Note: The City of Greater Bendigo is thelandowner of the site subject to thissubmission (Chinese Museum).

Submitter 7: Department of Economic Development, Jobs, Transport &Resources


No suggested changes to the Amendment.

Notes the various transport initiativeswithin the Hospital Precinct StructurePlan which will require ongoingcollaboration between the City of GreaterBendigo and the transport portfolio.

Recommendation: No changes toamendment.




PAGE 27

Submitter 8: J Brennan & Janet Bennett


Has purchased a property in Barkly

Street with the intention of establishing afuture medical practice, however notesthat the site is within the 'non-preferredarea for medical centres'.

Recognises the planning objectives,however highlights that the subjectproperty has no heritage value, thatthere is an entrance from Hope andBarkly Streets, that there is significantpedestrian activity to/from the Hospital

and that there is a direct line of sight tothe hospital.

Points to the existence of a medicalpractice at the other end of Barkly Streetand also other practices in residentialareas throughout Bendigo, withoutaffecting neighbourhood amenity.

Recommendation: No changes to

amendment

Correspondence with submitter outlinedthat new medical centre developmentsare not prohibited in the ‘non-preferredarea’, however a proposal is required tomeet the objectives and policyrequirements of the Hospital PrecinctMedical Centres Local Policy. Thesubmitter is satisfied with thisexplanation, and has no objection to the

amendment.

Considers that the amendment mayadversely affect property values.

The impact to property values isgenerally not considered a planning

matter.

Submitter 9: Environment Protection Authority Victoria


Generally supports the proposedamendment.

Notes that the City of Greater Bendigoshould ensure that the recommendations

of Ministerial Direction 1 (PotentiallyContaminated Land) regardingpotentially contaminated land areadhered to.


Land proposed by this amendment to berezoned to allow a future sensitive use

(i.e. to the General Residential Zone) isnot known to have been previously usedfor industry, mining or the storage ofchemicals, gas, wastes or liquid fuel.




PAGE 28

Submitter 10: VicRoads


Supports the amendment in principle.

Regarding Schedule 22 of the Designand Development Overlay, the areadefined as 'Sub-Precinct B', does notspecify a requirement for sites on arterialroads to avoid direct vehicle accessto/from the arterial road. A requirementsimilar to Sub-Precinct E, should beincluded.

Recommendation: Amend schedule to

Design and Development Overlay 22 toinclude ‘Vehicle access should be provided from Stewart Street or GrattanStreet, rather than Arnold Street, where possible’ in Sub-Precinct Brequirements, as requested. VicRoadsagrees the changes proposed meet theirrequest.

The 'Bendigo Inner Box' arterial road

network, which includes Bridge, Arnold,Barnard and Lucan Streets, provides animportant road function. In BridgeStreet, the number of traffic lanes shouldnot be reduced, and the number ofparking spaces should not be increased,both due to the impacts on theoperational efficiency of the arterial roadnetwork.

Noted, however as advised in public

information, the amendment does notreduce traffic lanes in Bridge Street.However, the Structure Plan, which willbe a reference document in the PlanningScheme, documents changes to BridgeStreet a key strategy for access andmovement.

Submitter 11: Department of Environment, Land, Water & Transport



Suggests that the existing residenceowned by the Crown, within the JosephStreet reserve is rezoned to Public Parkand Recreation Zone.


A rezoning from Commercial 1 Zone toPublic Park and Recreation Zone isproposed by the amendment.




PAGE 29

Submitter 12: Country Fire Authority


The land affected by the amendment has

a minimal bushfire risk, noting that thereis the risk of structural fires that shouldalso be considered.

Recommendation: No changes to

amendment.

Noted, however this is beyond the scopeof the amendment, and the precedingHospital Precinct Structure Plan. This iscovered by the Building Regulations Australia.

Recommends mitigation measuresincluding fuel reduction management in

open space areas.

Although not affected by theamendment, the Structure Plan

recognises the importance maintainingemergency access within the precinct, inparticular via the arterial road network.

Submitter 13: Dean Lockhart


Unhappy about the residential parkingnear his house.

Over the last two years it has beenvirtually impossible to get a park duringthe day in Barkly Street either as aresident or as a visitor. This is apparentlydue to the development in the HospitalPrecinct.


It is acknowledged that parking is anissue of concern in this area, currentlyexacerbated by the Hospital constructionand the presence of up 700 tradesmenon-site. The City has worked closelywith Bendigo Health to minimise impactsin surrounding areas, however someimpact is unavoidable. This issue isexpected to be alleviated once thehospital on site car park for

approximately 1,350 staff, patients andvisitors is complete.




PAGE 30

Submitter 13: Dean Lockhart


Does the amendment realistically

address the lack of parking, especiallygiven developers can opt out of providingparking spaces at $10,561.67 each?Tradesmen and aging friends andrelatives cannot park their vehiclesanywhere close to my house. Will theamendment ensure visitors can accessmy house?

The amendment established the HPSP

as a reference document which includesa range of strategic initiatives related,either directly or indirectly, to parking.For example: The need, and options, fora new multi-storey car park in the BridgeStreet precinct. This is where the cash-in-lieu of parking payment (as referred)comes in, essentially as a basis to offsetsome of the cost of building such afacility. A developer would not simplyhave the option to “opt out” of providing

parking by paying cash. Realistically,part of the parking requirement will beprovided ‘on the ground’, and thebalance as a cash-in-lieu payment. TheHPSP also includes various public/activetransport initiatives which can help toreduce parking demand, and identifiesthe need for a parking review (seebelow).

Are there any plans for reserved parking

places or any other kind of scheme bywhich residents and visitors can accessa parking place on a fair and equitablebasis?

The HPSP includes an action to carry

out a review of parking restrictions oncethe Hospital is fully operational (item 16).Consideration to appropriate parkingmanagement arrangements, takingaccount of resident and visitor needs willoccur as part of this review. This may ormay not consider resident parkingpermits or similar reserved parkingscheme.

Conclusion

As all submissions have been resolved, it is recommended that Council adopt theamendment, with changes as described in the recommendations above and forward theadopted amendment to the Minister for Planning for final approval.

Options

Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planningauthority may adopt an Amendment or part of an Amendment with or without changes. If

a planning authority adopts part of an Amendment the Amendment is then split into twoparts.




PAGE 31

Section 23(1) of the Planning and Environment Act 1987 requires that in consideration ofsubmissions received in relation to an Amendment, the Council must either: Change the Amendment in the manner requested by the submitters and adopt the

Amendment with changes; or Refer the submission(s) to an Independent Panel appointed by the Minister; or

Abandon the Amendment, or part of the Amendment.

It is recommended that Council adopts the amendment in full with changes as describedabove. There would be no need for a panel as the submissions are resolved subject toadoption of the changes.


There will be negligible impact on the planning permit system as most uses and siteswithin the precinct require a planning permit already.

Officer time will be required to prepare the Amendment documentation for adoption andliaise with the Minister for Planning.

The City is responsible for payment of statutory fees ($798) and costs incurred in theprocessing of the Amendment.

As all submissions have been addressed, an independent planning panel hearing hasnot been required, resulting in a substantial cost and time saving.

Attachments

Copy of submissions and additional correspondence Explanatory report Maps

RECOMMENDATION

That the Greater Bendigo City Council resolves to:

1. Adopt Greater Bendigo Planning Scheme Amendment C216 with changes.

2. Forward the adopted Amendment to the Minister for Planning for approval.




PAGE 32

2.3 5 GOLD HILL COURT, KANGAROO FLAT 3555 - FOUR LOTSUBDIVISION WITH COMMON PROPERTY AND CONSTRUCTIONOF TWO DWELLINGS


Author Simon Francis, Statutory Planner


Summary/Purpose

Application details: Four lot subdivision with common property and construction of twodwellings.

Application No: DSD/305/2015

Applicant: RPC Investment Trust

Land: 5 Gold Hill Court, KANGAROO FLAT 3555

Zoning: General Residential Zone

Overlays: None

No. of objections: 4

Consultationmeeting:

A consultation meeting was held on 12 November 2015, attendedby assessing planner, applicant and objectors.

Key considerations: Planning Scheme policy regarding housing and infilldevelopment;

Kangaroo Flat Residential Character Policy Precinct 6 and theprovisions of the General Residential Zone;

The site and context features and the surrounding pattern ofdevelopment;

Amenity impacts on adjoining residents and future residents ofthe proposed lots;

Servicing of the lots; Traffic/parking impacts; Compliance with ResCode; Other objector concerns.

Conclusion: The site is a large property that is currently under underutilisedand a good candidate for infill development of some kind. Councilstrategy and policy supports infill in this area and the site isconsidered to be suitable for additional dwellings.

The proposed clustering of the dwellings into one corner of the




PAGE 33

site, however, is not a design which has satisfactorily consideredthe site context, surrounding pattern of development or isrespectful of the existing and preferred character of the area. Thishas resulted in an unacceptable design response when assessedagainst the key considerations above.

It is recommended Council refuse the application.

Policy Context


Planning for Growth Housing options provide broader choice in order to meet current and future

community expectations and needs.

Productivity Council fosters business and industry growth.

Sustainability The built and natural qualities that make Greater Bendigo an attractive and appealing

place are valued and conserved.

Report

Subject Site and Surrounds

The application site is an irregular shape with a frontage of approximately 36 metres toGold Hill Court on the western boundary. The site has an overall area of 3,056 squaremetres and two crossovers provide access to the site.

A dwelling exists generally in the middle of the site, with an outbuilding in the south westcorner. The dwelling is located on the highest point of the site with the land sloping awayfrom the dwelling in all directions. There are several large canopy trees on site andseveral others have been removed within the past 3 years. The site is landscaped withshrubs and Box Ironbark trees.

The site shares boundaries with eight lots and is the largest of five larger lots located at

end of Gold Hill Court. The larger lots range in area from 1,098 to 3,056 square metres.The site abuts standard sized lots greater than 500 square meters with most in closeproximity greater than 750 square metres. All the lots adjoining the site contain a singledwelling.

The site is 1.8km from the Kangaroo Flat commercial activity area and approximately6kms to the CBD. The Kangaroo Flat residential character policy for the area describes itas:

This area is newly developed with small setbacks and numbers of largerdwellings, but in parts substantial remnants of native vegetation make it

distinctive. The native vegetation character is strongest when the vegetation flowsfrom block to block and into the road reserve.




PAGE 34

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

Proposal

Subdivision and development

The application proposes to subdivide the existing lot into four lots and construct twodwellings. Dwellings will be constructed on lots 1 and 2. No dwelling is proposed for lot 3as the lot size will be greater than 300 square metres, therefore no planning permit isrequired. Plans have, however, been submitted to demonstrate that a dwelling can beconstructed on the land.

Lot 1 will be 260 square metres and irregular in shape. A two bedroom dwelling withattached garage will be constructed one metre (at the closest point) off the rearboundary. The eastern side wall will be constructed 200mm from the boundary with lot 2.

Lot 2 will be 270 square metres and irregular in shape. A three bedroom dwelling withattached single garage and hard stand space in front of the garage is proposed. Thewestern side wall of the dwelling will be constructed within 200mm of the boundary withlot 1.

Lot 3 will be 306 square metres and plans submitted are indicative only for the purposeof demonstrating that a dwelling can exist on the lot.

Lot 4 will be 1,915 square metres and comprise the remainder of the site, including theexisting dwelling and outbuilding. Vehicle access to the site will be via the existingsouthern crossover closest to the court bowl.




PAGE 35

Access to lots 1-3 will be via a common property driveway of 346 square metres to belocated in the north western corner of the site.

Materials and finishes

All proposed dwellings will be constructed of the following materials and finishes: Roof Concrete tiles; Gutter Colorbond Jasper; Fascia Colorbond Jasper; Walls Render Cream ; Windows Aluminium beige.

Figure 2: Site plan.




PAGE 36

Figure 3: Subdivision plan.

Planning Controls - Greater Bendigo Planning Scheme

Planning approval is required to subdivide land and construct dwellings under clause32.08-2 and 32.08-4 (General Residential Zone);

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

State Planning Policy Framework Open space (clause 11.03) Regional development (clause 11.05) Urban environment (clause 15.01) Sustainable development (clause 15.02) Residential development (clause 16.01) Movement networks (clause 18.02)

Development infrastructure (clause 19.03)

Municipal Strategic Statement Municipal profile (cl.01) Key issues and influences (clause 21.02) Vision - strategic framework (clause 21.03) Strategic directions (clause 21.04) Settlement (clause 21.05) Housing (clause 21.06) Reference documents (clause 21.10)

Local Planning Policies Kangaroo Flat Residential Character Precinct 6 (clause 22.18)




PAGE 37

Other Provisions General residential zone (clause 32.08) Residential subdivision (clause 56) Decision guidelines (clause 65)

Referral and notice provisions (clause 66)


Referrals

The following authorities and internal departments have been consulted on the proposal:

Referral Comment

Powercor No objection subject to conditions

Coliban Water No objection subject to conditions

Telstra No objection subject to conditions

Downer No objection subject to conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Public Notification

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

As a result of advertising, 4 objections were received with the grounds of objection beingsummarised as:

The proposal does not met the City’s adopted Residential Character Policy (KF6); The design does not respect the existing density of lots within the neighbourhood; Amenity impacts owing to the closeness of the proposed dwellings with existing

dwellings. Impacts include overshadowing and overlooking;

Inaccuracy with the plans in relation to the adjoining dwellings; Parking and traffic concerns (increased parking demand within the court bowl); The design does not detail how the remainder of the land will be developed into the

future.

The objections and planning merits of the proposal are discussed below:

Planning Assessment

Is the principle of an increase in residential density appropriate in this location?




PAGE 38

There are broad housing policy directions in the State Policy (Clauses 11.02 and 16.01)and the Municipal Strategic Statement of the Planning Scheme which are supportive ofmedium density housing, in some form, on the application site.

Clause 11.05-4 Regional plann ing strategies and p rincip les have the objective todevelop regions and settlements which have a strong identity, are prosperous and areenvironmentally sustainable.

Of relevance to this application is the strategy to promote liveable regional settlementsand healthy communities by improving the availability of a diverse range of affordableaccommodation, including social housing, in locations with good access to transport,commercial facilities and community services.

Clause 11.12 Loddon Mallee South regional growth includes strategies whichpromote Bendigo as a regional city which seek to facilitate increased residential densitiesfor underutilised sites and land in Bendigo.

Clause 16.01 Resident ia l developm ent promotes a diverse range of housing that meetcommunity needs in locations that offer good access to services and transport and that isboth water and energy efficient.

The land is zoned General Residential and located on the outer edge of the UrbanGrowth Boundary. The proposal meets the overarching objectives of housing policieswithin the State Planning Policy Framework (SPPF) to increase the availability of housingin established residential areas that offer good access to services and transport and thatis both water and energy efficient. The nearest public bus route is 990 metres away andlocated on Olympic Parade. Services in the immediate area are limited, although the site

is in close proximity to schools, 2.5km from the Kangaroo Flat local centre and BendigoCBD is within a 10 minute drive.

Whilst the location may be appropriate for a medium density infill development, it isimportant to balance this against other objectives in the Planning Scheme as set out inthe MSS. This includes ensuring the proposal which includes the subdivision layout andlocation of dwellings is acceptable when assessed against site context, existingcharacter and the preferred character of the neighbourhood.

Residents have raised concerns about the subdivision layout and location of proposeddwellings. A key concern raised was the density of dwellings proposed for a particular

corner of the site with no detail how the remainder of the site may be developed in time.

Whilst it is acknowledged that this subdivision would result in an increase in density, it isalso identified as being out of character with neighbourhood. An application should notbe refused on the basis of density alone unless it can be demonstrated that the level ofdensity would result in a poor planning outcome for additional reasons such as not beingan appropriate response to the features of the site and the surrounding area includingneighbourhood character.

This is discussed further below.

Does the proposed subdivision and development respect existing and preferredneighbourhood character and an adequate response to the features of the site?




PAGE 39

This is a proposal which requires balancing State and Local policies which encourageconsolidation of new housing within established urban areas whilst at the same timerequiring development to be respectful of existing and preferred neighbourhoodcharacteristics and respond to the features of the site and context.

To achieve a design that reflects the existing or achieves the preferred character of anarea, it must firstly consider the site and its context features. Designs that appropriatelyconsider the relevant residential character policy and the site's features and contextgenerally result in acceptable development outcome.

Both clauses 54 and 56 have objectives to ensure the design responds to the site andcontext features in conjunction with respecting the existing neighbourhood character orcontributing to the preferred neighbourhood character.

In this instance the site and context features relevant, include:

Large lot of 3,082 square metres; The site has a frontage of 36 metres to Gold Hill Court; Typography is gently sloping from the centre of the site to the all boundaries; The site has established trees that form part of the character of the area; The site is elevated; Connected to and potential to have all services connected to subsequent lots; Space available around the existing dwelling for increased density; The site shares boundaries with 8 different lots; The existing dwelling is setback 21 metres from the front boundary and central to the

site;

Lot sizes in the broader development are greater than 600sqms with most greaterthan 750sqm’s.

Neighbourhood character is referenced as an important consideration throughout thePlanning Scheme including Clauses 15.01 Urban Environment, 16.01 ResidentialDevelopment, 21.06 Housing, 22.18-22.26 Residential character policies, 32.08 GeneralResidential Zone, Clause 54 single dwelling on a lot and clause 56 ResidentialSubdivision.

The application site is within Kangaroo Flat Residential Character Precinct 6 (KF6) whichprovides guidelines for appropriate development. The statement of desired future

character is ‘ The bush garden qualities will be strengthened’.

The application has been considered against the preferred design response objectivenoted in the policy as follows:




PAGE 40

Objective Preferred Design Responses

To maintain and strengthen the nativeand indigenous vegetation dominatedstreetscapes.

Retain existing high canopy trees andunderstorey wherever possible.

Replace any trees lost due to developmentwith similar size indigenous or native trees.

Officer Response: Several large trees were removed from site between April andJuly of 2013. The proposal requires three more existing canopy trees to be removedfrom the site which were planted by the owners. No replacement trees are proposed, however the landscape plan indicates ground covers and shrubs will be planted. It is possible to locate a driveway and additional dwellings on the land andnot require canopy trees to be removed. The proposal does not meet the preferreddesign response to retain canopy trees.

To minimise site disturbance and

impact of the building on thelandscape.

Buildings should be designed to follow the

contours of the site or step down the site.

Officer Response: Site cut and fill is required to construct the proposed dwellings.The level of cut and fill is minimal and responds appropriately to the contours of the property.

To maintain the consistency, wherepresent, of building front setbacks

The front setback should be not less thanthe average setback of the adjoining twodwellings.

Officer Response: The setback of the proposed dwellings complies as they are

greater than the two adjoining dwellings.

To ensure that adequate space isavailable on private land for theretention and planting of vegetation.

The total hard surface site coverage(including outbuildings, swimming pools,tennis courts, driveways and all non-permeable surfaces), should not exceed50%.

Proposals that exceed the specified sitecoverage maximums must demonstratethat the site coverage objective and all

remaining objectives and designresponses have been met.




PAGE 41


Officer Response: The preferred design response is met for lot 4 (existing dwelling)with less than 11% coverage, however, the remaining lots exceed the maximum50% site coverage of hard surfaces:Lot 1 = 50% coverageLot 2 = 57% coverageLot 3= 62% coverageLot 4 = 11% coverage

Proposed lots 1, 2 and 3 are above the 50% maximum non permeable area preferred.

Although no dwelling is currently proposed on lot three, the indicative plans detailthe area of non-permeable surfaces exceeds 62%.

If the preferred design response is not met, the objective to ensure that adequatespace is available for retention and planting of vegetation on private land must bemet. Insufficient space on proposed lots 2 and 3 are provided to achieve theobjective. Lot 3 has space available to plant a canopy tree or two, however thisspace is designated for lawn in the landscaping. Lot 1 has space available for tree planting and could accommodate replacement vegetation.

The proposal currently does not meet the objective.

To minimise the dominance of carstorage facilities.

Locate garages and carports behind theline of the dwelling.

Officer Response: Garages have been designed and sited appropriately.

To ensure that buildings andextensions do not dominate thestreetscape.

Respect the predominant building height inthe street and nearby properties.Use low pitched roof forms.

Officer comment: Dwellings will not dominate the streetscape given the setback tothe street and presentation to the common property.

To encourage innovative architecturethat reflects the bush garden setting.

Buildings should be individually designedto respond to the dominant characteristicsof the area and to the site.

Officer Response: The dominant characteristics of the area are single storeydwellings with an attached garage or carport and present to the street. Although notinnovative architecture, the dwellings are generally separated from one or both sideboundaries.

The dwellings are single storey and respond to the dominant characteristics of thearea.

To maintain and enhance thecontinuous flow of the bush garden

settings and the openness of thestreetscape.

Provide open style front fencing.




PAGE 42


Officer Response: No front fences are proposed.

From the assessment above it is concluded that the design is not an appropriate

response to the site and context features, nor the desired character of the area.

Also the proposal does not meet the objective and preferred design response relating tosite permeability and retention of canopy trees.

The site has an overall developable area of 3,056 square metres. A design responsedemonstrating greater than 50% permeability of any proposed lots, along with retainingor planting canopy trees is achievable on this site. The submitted design, however doesnot achieve this.

General Residential Zone

The subject site is within the General Residential Zone (GRZ). When deciding on apermit application the decision guidelines at cl 32.08-10 are relevant and the followingconclusions are made about the permit application.

Decision Guideline Assessment

GeneralThe State Planning Policy Frameworkand the Local Planning PolicyFramework, including the Municipal

Strategic Statement and local planning policies.

The proposed subdivision is consistentwith State and local policies directedtowards increasing residential densitiesin existing urban areas and encouraging

a diversity of housing types.

GeneralThe purpose of this zone.

Purposes of the zone relevant to theconsideration of the dwellings proposedby the application include: To encourage development that

respects the neighbourhoodcharacter of the area;

To implement neighbourhoodcharacter policy and adopted

neighbourhood character guidelines;and

To provide a diversity of housingtypes and moderate housing growthin locations offering good access toservices and transport.

The key objective of the zone is tofacilitate housing that respects character.The officer assessment is that the designresponse does not adequately considerthe Kangaroo Flat Residential CharacterPolicy Precinct 6 as discussed




PAGE 43

Decision Guideline Assessment

previously.

SubdivisionThe pattern of subdivision and its effect

on the spacing of buildings

The subdivision layout will result in threedwellings being clustered together in one

corner of the site. This does not reflectthe existing character of the area andhas potential amenity impacts, both onthe adjoining residents and the secludedprivate open space provided for theproposed dwelling on lot 2.

SubdivisionFor subdivision of land for residentialdevelopment, the objectives andstandards of Clause 56.

The application meets all of thestandards and objectives of clause 56except for: 56.01-2 The design does not

adequately derive from the site andcontext features when considering thesite opportunities and constraints.

DwellingsFor the construction of one dwelling on alot, the objectives, standards anddecision guidelines of Clause 54.

The application is generally compliantwith ResCode, although the secludedprivate open space provided for dwelling2 is not considered adequate to providereasonable recreation and service needsof residents.

The proposal does not retain significanttrees on site as preferred by clause54.03-6

Subdivision and development is supported by the General Residential Zone. Thesubdivision layout, however, will result in dwellings being clustered in one corner of thesite which does not reflect the character of the area. There will be an impact on the‘backyard scape’ of adjoining lots at 4 and 5 Ming Court and 2-11 Hines Court based onthe indicative plans.

The design does not meet all of the objectives and design responses of clause 54 and

clause 56 as detailed above and discussed later in the report.

Impact of clustering the subdivision on the ‘backyard scape’ character of adjoining lots

The proposed lots range from 206 to 306 square metres with a common property of 346square metres. The lots generally have a depth of around 12 metres and lengths ofgreater than 19 metres. This results in the dwellings having their longest length facingthe adjoining lots to the rear. This clustering does not impact the streetscape character ofthe area however impacts on the ‘backyard scape’ character of the adjoining lots. Mostdwellings in the immediate area enjoy a sense of space around their dwelling, gainedpartly by the space provided on adjoining lots.




PAGE 44

The lack of separation between dwellings on lots 1, 2 and their proximity to the rearboundary with 4 and 5 Ming Court is out of character in of the area. Although this is oftenthe case with medium density developments, it is not necessary to occur in this instance.There is the potential for this development to achieve greater separation betweendwellings and appropriately considers the site and its surrounding context.

Residential Amenity and ResCode

The purpose of Clause 54 One dwel l ings o n a lo t includes the following: To achieve residential development that respects the existing neighbourhood

character or which contributes to a preferred ne ighbou rhood character . To encourage residential development that provides reasonable standards of

amenity for existing and new residents. To encourage residential developm ent that is responsive to the site and the

ne ighbourhood . [Authors emphasis]

It is a requirement of Clause 54 that a development must meet all of the objectives of theclause and should also meet all of the standards. The objectives relevant to the issuesraised by objectors and not meeting the relevant objective are considered below:

A1 Neighbourhood Character objective

To ensure that the design respects the existing neighbourhood character orcontributes to a preferred neighbourhood character.

To ensure that the design responds to the features of the site and the surrounding

area.




PAGE 45

As discussed throughout this report, the design response does not appropriatelyconsider the neighbourhood and the site, nor respect the existing or preferred characteror respond to the features of the site.

That said, the site is certainly large enough to accommodate an increased density anddwellings, just not in the configuration proposed.

A8 Significant trees objectives:

To encourage development that respects the landscape character of theneighbourhood.

To encourage the retention of significant trees on the site.

Several large trees have been removed from the site in the past 3 years. Three canopytrees (Box Ironbark) are proposed to be removed to facilitate the development. A designresponse which retains the existing trees and achieves the density is achievable.

A14 Overshadowing objective:

To ensure buildings do not unreasonably overshadow existing secluded private openspace

An objector has raised concerns relating to overshadowing of their land at 2/11 HinesCourt from lot 3. No dwelling is proposed to be constructed on the site as part of thisapplication and the plans submitted are indicative only to show a dwelling can occur onthe subject site. The plans submitted demonstrate the indicative dwelling complies.

A15 Overlooking Objective:

To limit views into existing secluded private open space and habitable room windows.

Although there were objector concerns about overlooking, all views to adjoiningproperties would be obscured by existing and proposed fencing, therefore meeting thestandards.

A17 Private open space objective:

To provide adequate private open s pace for the reasonable recreation and serviceneeds of residents [authors emphasis].

All lots have sufficient space to meet the minimum required amount of private openspace and secluded private open space required by both the requirements of thePlanning Scheme and the Building Code.

A concern is whether lot 2 has adequate private open space for a three bedroomdwelling given the triangular nature of the secluded private open space. This overallspace is greater than 40 square metres, however will contain a clothes line and a 1metre wide landscaped area for approximately 7 metres along the rear boundary.

It is granted the area is greater than the minimum required, however I am not convincedthe area will be adequate for the reasonable recreation and service needs of future




PAGE 46

residents of the 3 bedroom dwelling. The site is close to the regional park to the west butgreater than 1.8kms from the nearest recreation facility, being the Kangaroo Flat footballoval.

Traffic and Parking

Local residents have raised concerns regarding the impact on traffic flows and parking inthe area. The proposal is compliant with parking and access requirements (subject toconditions) and the local road network can accommodate the vehicle movements thatwould be associated with the development. The condition set by the City’s TrafficEngineer requires some minor changes to the subdivision to allow a vehicle to exit thesite via a three point turn in a forward direction from lot 3. A condition could be includedon any permit if one is issued, requiring plans be amended to demonstrate vehicles canexit this site within a three point turn.

Public Open Space Contribution

A public open space contribution was made as a result of the subdivision in 1991, havingregard to the criteria set out in the Subdivision Act 1988.

Other Objector Concerns

Increase in noise and traffic

Some of the objectors are concerned the noise levels emanating from the proposed lotswill impact on their amenity. Noise will occur, however, it would not be consideredexcessive for a residential area.

Devaluation of property

Some of the objectors are concerned the proposal will cause devaluation of their ownproperties.

There is established case law which holds that a proposed decrease in property is anirrelevant consideration. A long standing position held by VCAT is that other than inexceptional cases, and where evidence can be presented, loss in property values will notbe entertained as a ground of objection.

Conclusion

This development seeks to introduce three additional lots and subsequent dwellings on alarge residential zoned parcel of land which contains an existing dwelling.

Balancing increased density of existing urban land such as the site with neighbourhoodcharacter and potential amenity impacts on existing and future residents is not anuncommon challenge. The challenge will inevitably become more commonplace andarguably unavoidable as the City seeks to achieve a sustainable increase in densities inurban areas to meet population growth.




PAGE 47

The key issue in this application is the design proposed does not adequately result fromthe opportunities and constraints of the site and has potential amenity impacts onexisting and future residents.

There is sufficient land available to achieve the density proposed and meet all thePlanning Scheme requirements. The applicant has decided to cluster the dwellings intoone corner of the site which results in a pattern of development not in keeping with thecharacter of the area and has amenity impacts. As a result the proposal does not meetthe statement of desired future character of the Kangarooed Flat Residential CharacterPolicy Schedule 6 or all of the objectives.

Although the lot has a great opportunity to provide increased density, the proposeddesign does not respect the preferred character of the area and will have amenityimpacts and Council should refuse the application.

Options

Council, acting as the responsible authority for administering the Planning Scheme, mayresolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater BendigoCity Council resolve to Refuse to Grant a Permit at 5 Gold Hill Court, KANGAROO FLAT3555 for the following reasons:

1. The proposed subdivision and subsequent clustering of dwellings does notappropriately derive from the site and surrounding pattern of development nor respectthe existing and preferred character of the neighbourhood.

2. The proposal is contrary to the following clauses of the Greater Bendigo PlanningScheme:(a) 15.01-5 Cultural identity and neighbour character;

(b) 21.06-1 Urban design and neighbourhood character and relevant objectives,strategies and implementation;

(c) 22.18 Kangaroo Flat residential character policy precinct 6 (KF6)(d) 54.02-1 Neighbourhood character objective(e) 51.03 -6 Significant trees objective(f) 54.05-2 Private open space objective(g) 55.03-8 Landscape objectives




PAGE 48

2.4 11A ARRAWALLI AVENUE, ASCOT 3551 - APPROVAL OF ADEVELOPMENT PLAN, 8 LOT SUBDIVISION, DEVELOPMENT OF 8DWELLINGS AND FENCES


Author Kahlia Reid, Statutory Planner


Summary/Purpose

Application details: Approval of a development plan, 8 lot subdivision, development of8 dwellings and fences.

Application No: DSD/490/2015

Applicant: PCDP Developments Pty Ltd

Land: 11A Arrawalli Avenue, ASCOT 3551

Zoning: General Residential Zone

Overlays: Development Plan Overlay 2

Environmental Significance Overlay 1Land Subject to Inundation Overlay

No. of objections: 7

Consultationmeeting:

A consultation meeting was held on 19 October 2015, attended bythe assessing planner, assessing traffic engineer, applicant,objectors and Councillors Cox and Williams.

Key considerations: Is the subdivision and development density appropriate for thearea?

Will the proposal adversely impact on the character of the

area? Will the subdivision and development have an adverse impact

on traffic and operation of the street network?

Conclusion: The application is recommended for approval on the basis that itrepresents an acceptable outcome with regards to therequirements of the Greater Bendigo Planning Scheme.

This report considers the application and recommends that theGreater Bendigo City Council approve the Development Planprepared by Total Property Development and issue a planningpermit for the proposed subdivision and residential development.




PAGE 49

Policy Context


Planning for Growth Housing options provide broader choice in order to meet current and future

community expectations and needs.Sustainability The built and natural qualities that make Greater Bendigo an attractive and appealing

place are valued and conserved.

Report

Subject Site and Surrounds

The site was created by a previous subdivision in 2010.

It is a battle-axe shaped allotment located on the eastern side of Arrawalli Avenue,generally opposite the intersection of Arrawalli Avenue and Triplett Avenue and issituated behind existing residential development.

Orientated east to west along its longest axis the site has a frontage to Arrawalli Avenueof 5.5 metres, has a maximum length of 111.06 metres and a total area of 3,349 squaremetres.

The site is currently vacant and is cleared from any vegetation.

The site is identified as being within an area of Aboriginal Cultural Heritage Sensitivitydue to the proximity of Back Creek.

The site is located within an area broadly zoned General Residential. There is noevidence of contamination.

Residential properties adjoining the site contain single storey dwellings on allotmentsranging in size between approximately 533 square metres and approximately 768 squaremetres.

Land to the east of the site is denoted by a linear area of passive open space, including a

walking path which extends along the western side of Back Creek.

The Epsom Railway Station is located approximately 1.2 kilometres generally south ofthe site, while the Howard Street commercial area (Epsom Village) is locatedapproximately 1.3 kilometres south west.




PAGE 50

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

Proposal

Development Plan

The application seeks approval of a development plan in accordance with the

requirements of the Development Plan Overlay – Schedule 2. The development planamends a previously approved development plan, with changes focused solely on theapplication site.

Subdivision

The application seeks approval for an 8 lot subdivision. The subdivision will create lotsranging in size from 290 square metres to 320 square metres.

Lots will be orientated to present towards a common access which will extend throughthe centre of the site.

The subdivision is proposed to be completed in one stage.




PAGE 51

Figure 2: Proposed subdivision layout.

Dwellings

Eight single storey dwellings are proposed to be developed on the site.

Each dwelling will contain three bedrooms and is provided with a double garage. Thedwellings will be constructed of exposed and rendered brickwork and hipped colorbondroofs.

Areas of secluded private open space are provided at the rear of each allotment.

Figure 3: Example of dwelling elevation.

Fences

New 1.8 metre high colorbond fences are proposed to be installed between the newallotments and along the eastern boundary.

Planning Controls - Greater Bendigo Planning Scheme

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

State Planning Policy Framework

11.05-1 Regional Settlement Networks 11.12 Loddon Mallee South Regional Growth 13.02-1 Floodplain Management




PAGE 52

14.02-1 Catchment Planning and Management 14.02-2 Water Quality 15.01-1 Urban Design 15.01-3 Neighbourhood and Subdivision Design 15.01-4 Design for Safety

15.01-5 Cultural Identity and Neighbourhood Character 15.02-1 Energy and Resource Efficiency 15.03-2 Aboriginal Cultural Heritage 16.01-1 Integrated Housing 16.01-2 Location of Residential Development 16.01-4 Housing Diversity 16.01-5 Housing Affordability 18.02-1 Sustainable Personal Transport 19.03-2 Water Supply, Sewerage and Drainage 19.03-3 Stormwater

Municipal Strategic Statement

21.05 Settlement 21.06 Housing 21.08 Environment 21.10 Reference Documents

Other Provisions

32.08 General Residential Zone 42.01 Environmental Significance Overlay 43.04 Development Plan Overlay – Schedule 2 44.04 Land Subject to Inundation Overlay 52.01 Public Open Space Contribution and Subdivision 52.06 Car Parking 55 Two or More Dwellings on a Lot 56 Residential Subdivision 65 Decision Guidelines


Referrals

The following authorities and internal departments have been consulted on the proposal:

Referral Comment

Powercor No objection subject to conditions

Coliban Water No objection subject to conditions

Telstra No objection subject to conditions

Downer No objection subject to conditions




PAGE 53

Referral Comment

Goulburn Murray Water No objection subject to conditions

Department of Environment, Land,Water and Planning

No objection subject to conditions

North Central Catchment Management Authority

No objection subject to conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Public Notification

The application was advertised by way of notice on the site and letters to adjoining and

nearby owners and occupiers.

As a result of advertising, seven objections were received, with the grounds of objectionbeing:

Density out of keeping with the character of the area.

Loss of semi-rural feel created by linear reserve.

Already a congested and narrow street.

Proposal will create chaos and a dangerous situation for cars and pedestrians.

Safety.

Negative impact on neighbourhood with noise, space and insufficient room foranother driveway.

Loss of family friendly environment.

Restricted access to site via narrow driveway.

Large volume of traffic required to utilise single access.

Increased traffic volume utilising street network.

Dangerous intersection of Arrawalli and Triplet Avenue.

Lack of children’s playground in the area.

Rubbish collection.

Development motivated by money with disregard to neighbourhood safety.

Devaluation of property.

Planning Assessment

State Planning Provisions

The State Planning Policies which are relevant to this application are previously identifiedin this report.

Clause 11.12 Lodd on Mallee South r egional gro wth identifies Bendigo as a regionalcity which is to support major growth.




PAGE 54

One of the key objectives is to manage population growth and settlement throughfacilitating increased commercial and residential densities, mixed use development andrevitalisation projects for underutilised sites and land in Bendigo.

The subdivision of the site into eight allotments and development of an additional eightdwellings will support an increased residential density which can be appropriatelyfacilitated through the provision of services and infrastructure.

The proposal will support the demand for housing in the area as a result of populationgrowth in the municipality.

Clause 15.01-1 Urban Design aims to create urban environments that are safe,functional and provide good quality environments with a sense of place and culturalidentity.

Eight new single storey dwellings are proposed to be developed on allotments ranging insize from 290 square metres to 320 square metres.

The built form of the development is generally consistent with the pattern of developmentin the area in terms of respecting building height and the type of materials to be utilised.

The proposal will result in a small increase to the density of the area, with the lot sizessmaller than those evident in the immediate vicinity, however it is considered this willalso contribute to residential choice.

Given the context of the site (behind developed properties) the character of the area will

not be significantly altered by the proposal. While there will still be visibility of theproposal from the public realm the layout and design of the development will minimiseany adverse impacts on the existing built form and presentation of the streetscape.

The provisions of Clause 16.01 Housing are generally supported by the proposal,providing for additional residential housing in the area that can be serviced and accessedto cater for the needs of the community.

The subdivision will provide an alternative choice in lot sizes to those currently availablein the area and provide for development in an area which has access to establishedinfrastructure including the Epsom Railway Station.

It is considered that the proposal could have further contributed to the diversity of thebuilt form by providing for different house types and sizes (i.e. two bedrooms), however itstill contributes to increasing medium-density housing that respects the character andutilises existing infrastructure.




PAGE 55

Municipal Strategic Statement

Clause 21.05 Sett lement identifies the urban areas of Greater Bendigo are part of acomplex urban system, which requires a strategic approach to its growth in order toachieve sustainable outcomes in relation to infrastructure community services provisions,natural environment protection and quality of life for residents. The City of GreaterBendigo Residential Development Strategy 2004 has been completed to plan for futuredevelopment of the urban areas of Bendigo.

Under the Residential Strategy 2004 the site is identified as being near the boundary of aproposed community focussed development zone and on the periphery of a communitycentre. Higher density, infill development is encouraged on suitable sites in these areas.

The Residential Strategy has recently been reviewed and a new strategy was adopted byCouncil in October 2014. This strategy has not been incorporated into the PlanningScheme at the time of this report.

In any case it is considered that the proposal still supports the provision of the adoptedstrategy which seeks to: Provide for a wide range of housing types and lot sizes to maintain housing choice

and affordability. Continue to provide for planned new residential development within the existing

Urban Growth Boundary in existing urban areas. Support continuing residential development as a major component of the Bendigo

economy. Plan and design existing residential areas and new residential subdivisions and

housing estates to ensure that they support their local community.

In addition the provision of Clause 22.06 Housing discusses the need for theconsideration of urban design and neighbourhood character.

It is considered that the proposal appropriately provides for an increased residentialcapacity while respecting the existing built form. The context of the site provides greateropportunity for a denser development to occur without adversely impacting on theestablished built form character of the area.

General Residential Zone

The purpose of the General Residential Zone includes:

To encourage development that respects the neighbourhood character of the area. To implement neighbourhood character policy and adopted neighbourhood character

guidelines. To provide a diversity of housing types and moderate housing growth in locations

offering good access to services and transport.

The site is appropriately zoned to cater for residential development at the scale anddensity proposed by this proposal.




PAGE 56

Lot sizes in the immediate area generally range in size between approximately 533 and768 square metres which is typical of newer subdivisions in the urban areas of GreaterBendigo. These lots are principally developed with single storey, detached dwellings withassociated outbuildings at the rear.

Although the lot sizes are smaller than those typically found in the site's immediatevicinity, the proposal will contribute to creating residential diversity in the area throughthe availability of alternative lot sizes.

The dwellings proposed to be developed on each lot will all contain three bedrooms,associated living areas and small private outdoor areas. The proposed built form couldhave sought greater diversity (i.e. the inclusion of two bedroom dwellings), which wouldhave contributed further in providing alternative housing options in the area.

Nonetheless, the proposed dwellings appropriately meet the needs of sections of thecommunity who seek moderate sized development on smaller, low maintenance lots.

Development Plan

The land is affected by a Development Plan Overlay.

In this instance a development plan was approved for the original subdivision whichformed the site in May 2010. It was considered the application lodged for the site was notgenerally in accordance with the approved plan therefore a new development plan wasprepared for the site and notification given to adjoining owners and occupiers.

Schedule 2 of the Development Plan Overlay has three conditions / requirements for

permits:1. All development must be generally in accordance with the reports entitled “Outline

Development Plan 1 –Station Street, Epsom” or “Outline Development Plan 2 – Myrtle Road, Ascot.”

2. All residential development must be serviced with reticulated water and sewerage.3. All development must be serviced with sealed roads to the satisfaction of the

responsible authority.

Outline Development Plan 2 – Myrtle Road, Ascot is the relevant document to theapplication site.

The proposal is considered to be generally in accordance with the Outline DevelopmentPlan for the following reasons: All services including reticulated water and sewer can be connected to the allotments. Access to the site is established via a sealed local road network which is

appropriately constructed. The proposal is in keeping with the purposes of the General Residential Zone. Appropriate measures can be taken to protect the development from potential

inundation from back creek (i.e. floor level requirements set by North CentralCatchment Management Authority).

The site adjoins an established area of passive open space which will be easily

accessible by residents of the development. Contributes to providing a variety of residential choice in the area.




PAGE 57

Figure 4: Close up of Proposed Development Plan for the Site.

Schedule 2 (Epsom and Ascot) of the Development Plan Overlay sets out fourrequirements for development plans. These being the development plan must:

Describe the relationship of uses proposed on the land to the existing and proposeduses on adjoining land and proposed buffer areas separating land uses and publicland.

Provide appropriate arrangements for the provision and funding of necessary physicaland community infrastructure.

Provide suitable linkages between the site and road, public, bicycle and pedestriantransport facilities.

Provide a soil and water report with all applications to demonstrate the capacity ofinfrastructure to service the development, treat and retard stormwater and reduce anysoil and water impacts downstream of the development.

The development plan prepared by the applicant appropriately addresses and satisfiesthe requirements of the overlay.

Environmental Significance Overlay and Land Subject to Inundation Overlay

The eastern boundary of the site is identified as being within the EnvironmentalSignificance Overlay – Schedule 1 (Watercourse Protection), while the entire site isaffected by the Land Subject to Inundation Overlay due to the proximity of Back Creek.

Clause 42.01 Environm ental Signif icance Ov erlay – Schedule 1 seeks to protect andmaintain the natural environment of watercourses and their surrounding habitat.




PAGE 58

Back Creek is located approximately 60 metres east of the site and is separated from theboundary by an area of passive open space which includes a walking / cycling path.

It is considered that the separation of the site from the creek, ability to connect toreticulated services and the retention of established vegetation along the creek reservewill contribute to preserving the identified environmental qualities of the area.

Clause 44.04 Land Sub ject to Inund at ion Overlay seeks to minimise the risk of flooddamage though appropriate development design as well as to protect waterways andwater quality.

It is considered that Clause 13.02-1 Floodplain Management should also be addressedwhen considering potential inundation.

Clause 13.02-1 Floodplain Management seeks to assist in the protection of life,property and infrastructure as well as supporting the significance and function of

waterways.

A significant portion of the area is identified as being at risk of inundation in the event ofa 100 year flood event. The development on the site will be required to be built tospecified floor heights to reduce the risk of any inundation occurring.

The risk of inundation of the area was known at the time the original subdivision wasundertaken. It is therefore considered that infrastructure in the area would have beenappropriately designed to take into account this potential risk.

The application was referred to the North Central Catchment Management Authority,

Goulburn Murray Water and Department of Environment, Land, Water and Planning aspart of the planning application process, with no objections received from any authority inregards to the proposal.

ResCode Clause 55 – Two or More Dwellings on a Lot

The requirements of Clause 55 apply to this proposal. A response to the key objectives isprovided as follows.

Clause 55.02-1 Neighbourhood Character - objectives:

To ensure that the design respects the existing neighbourhood character orcontributes to a preferred neighbourhood character.

To ensure that development responds to the features of the site and surroundingarea.

A number of concerns were raised from nearby residents that the higher density natureof the proposal was not in keeping with the established character of the area.

The character of the area is denoted by single storey, detached dwellings, generally withdouble garages presenting to the established street network. Dwellings are setback fromat least one side boundary.




PAGE 59

While it is acknowledged that there are differences between the proposed dwellings andthe established pattern of development in the area, it is considered that the proposal willnot adversely impact on the established character for the following reasons: The density is not significantly greater than the existing built form. Based on the

average lot size of the area being approximately 650 square metres the site which

has an area of 3,350 square metres could accommodate approximately 5.5 dwellingsat the same ratio as the surrounding area. The proposal which seeks to constructeight dwellings is not significantly greater than the established development ratio.

The battle axed shaped nature of the allotment will minimise views of thedevelopment from the established street network (i.e. the proposal will not impact onthe streetscape character).

The dwellings are proposed to be single storey, constructed from brick and colorbondwhich is in keeping with the established built form.

Clause 55.03-3 Site Coverage - objective:

To ensure that the site coverage respects the existing or preferred neighbourhoodcharacter and responds to the features of the site.

The site is currently a large vacant allotment which has no obvious features.

The applicant has indicated that the overall site coverage from the proposeddevelopment will be 40 percent which is less than the sixty percent allowable under theprovisions of the Planning Scheme.

While the density of the development may be perceived as being significantly greater,the overall site coverage is generally in keeping with the extent of built form on adjoining

and nearby properties.

Clause 55.03-5 Energy Efficiency - objectives:

To achieve and protect energy efficient dwellings and residential buildings.

To ensure the orientation of layout of development reduces fossil fuel energy use andmake appropriate use of daylight and solar energy.

Dwellings have been designed to extend along the northern and southern boundaries ofthe lot.

The dwellings along the northern boundary have been designed with habitable roomsincluding living, meals and kitchen along the northern elevation, as well as areas ofsecluded private open space. These dwellings will receive significant solar access whichwill contribute to enhancing their energy efficiency.

Dwellings along the southern boundary will have bedrooms along the northern elevationwhile living areas including secluded private open space will generally be located alongthe southern elevations. A greater area of secluded private open space has beenprovided for these dwellings to ensure appropriate solar access is provided.

The application plans demonstrate that there will be no adverse impact from

overshadowing over adjoining dwellings therefore the solar access and energy efficiencyof these allotments will be protected.




PAGE 60

Clause 55.03-6 Open Space - objective:

To integrate the layout of development with any public and communal open space provided adjacent to the development.

As part of Planning Permit DS/678/2009 (which created the application site) a publicopen space contribution was required. The contribution partly included the allocation of aparcel of land at the rear of the application site which now forms part of the linear reservealong Back Creek.

This area of passive open space will continue to run along the rear boundary of the site.

While the dwellings on Lots 7 and 8 have not been designed to present directly to thisadjoining passive open space, the fencing along the common property and part of theselot boundaries will be required to be semi-transparent to maintain an openness to thisarea. Pedestrian access for residents will be provided to this space.

It is considered that there may have been opportunity for the development to be furtherintegrated with the adjoining area of passive open space (i.e. through orientation ofdwellings), however the development can incorporate appropriate measures to ensurethe visibility and utilisation of this space to residents.

Clause 55.03-7 Safety - objective:

To ensure the layout of development provides for the safety and security of residentsand property.

The battle-axe nature of the allotment results in no new development presenting directlyto Arrawalli Avenue but rather internally to proposed common property.

The orientation of all dwellings towards this common area will enhance passivesurveillance over this area, providing for the safety of residents.

In addition, semi-transparent fencing along part of the eastern boundary will also improvepassive surveillance over the adjoining area of open space.

Landscaping within the site boundaries will be required to be appropriately designed withthe type and location of plantings to enhance the amenity while protecting required sight

lines along accessways.

Clause 55.05-4 Private Open Space - objective:

To provide adequate open space for the reasonable recreation and service needs ofthe residents.

Each dwelling will be provided with an area of secluded private open space accessiblefrom living areas. Dwellings along the northern side of the site will be provided withsecluded private open space ranging in size between approximately 53 and 64 squaremetres. Dwellings along the southern side of the site will have areas of secluded private

open space of approximately 65 square metres.




PAGE 61

While the areas provided are less than other allotments in the area they exceed the 25square metres required under the Planning Scheme. In addition the spaces arefunctional and easily accessible to residents and provide for low maintenance useablespaces.

Clause 55.05-5 Solar Access to Open Space - objective:

To allow solar access into the secluded private open space of new dwellings andresidential buildings.

Dwellings proposed along the northern boundary of the site will be provided withsecluded private open space along the northern elevation which will ensure significantsolar access is provided to these areas throughout the day.

Four other dwellings will be constructed along the southern side of the site which hasresulted in their areas of secluded private open space being located along the southernelevation.

While the location of this secluded private open space is not ideal a greater setbackbetween the dwelling and rear boundary has been provided for part of the secludedspace to increase the provision of solar access.

The application patterns satisfy the requirements of this provision.

ResCode Clause 56 – Residential Subdivision

The requirements of Clause 56 apply to this proposal. A response to the key objectives isprovided as follows.

Clause 56.04-1 Lot Diversity and Distribution - objectives:

To achieve housing densities that support compact and walkable neighbourhoodsand the efficient provision of public transport services.

To provide higher housing densities within walking distance of activity centres.

To achieve increased housing densities in designated growth areas.

To provide a range of lot sizes to suit a variety of dwelling and household types.

The site is identified as being within the Urban Growth Boundary near the edge of anintegrated activity centre in the adopted Greater Bendigo Residential Strategy (2014).

The subdivision will create lots ranging in size from 290 to 317 square metres, providinggreater diversity to lot sizes currently in the area.

Development plans have been submitted as part of this application which demonstratesingle storey, three bedroom dwellings will be constructed on the allotments. Small lowmaintenance yards will be provided for each dwelling.

The site is located approximately 1,300 metres north east of Epsom Village in Howard

Street and provides shopping facilities including supermarket and chemist, while a childcare centre has also recently been approved.




PAGE 62

While there is no formal off road walking / cycling path all the way from the site to thisestablished commercial area, it is considered it is still within a walkable distance,although the likelihood of this occurring is considered low.

Land to the east is denoted by passive open space which includes a walking / cyclingpath. This path is proposed to be further expanded as land to the north of IronstoneRoad is subdivided and will provide additional off-road connections in the area.

Clause 56.04-5 Common Area - objectives:

To identify common areas and the purpose for which the area is commonly held.

To ensure the provision of common area is appropriate and that necessarymanagement arrangements are in place.

To maintain direct public access through the neighbourhood street network.

A common access way from Arrawalli Avenue will service all eight lots and include areas

for visitors parking and landscaping.

This area will be managed by a body corporate to ensure it is maintained at a highstandard. Delineation between common and private areas will be denoted through theuse of surface finishes and landscaping.

The common access will not impact on the established street network and as land to theeast is denoted by passive open space the area could not be utilised as a thoroughfareby vehicles.

Clause 56.06-8 Lot Access - objective:

To provide for safe vehicle access between roads and lots.

There is only one point of vehicle access available to the site which has raised a numberof concerns from local residents due to its size and location.

The application has been assessed by the City of Greater Bendigo Traffic Engineers whohave not objected to the proposal and the following comments were provided: The access complies with the relevant Australian Standards for access and car

parking. Sight lines can be achieved exceeding the minimum requirement, providing fence

heights at the entrances are reduced. The number of vehicles utilising the access is an irrelevant argument as only one

vehicle can enter and exit at one time. The latest traffic count data for Arrawalli Avenue produced an average daily count of

448 vehicles. Given that this count captures over sixty houses south of the Arrawalli /Triplett Avenue intersection and a large majority of traffic from the thirty houses northof this intersection (these were the existing houses constructed at the time the countwas undertaken), it is considered that the increase in traffic volume from an eight lotdevelopment would not significantly increase congestion.

The intersection of Arrawalli and Triplett Avenue is a T-intersection which are

generally considered safe. The existing Arrawalli / Triplett Avenue intersection complies with the Austroads

standard, including signage.




PAGE 63

Aboriginal Cultural Heritage

Clause 21.08 Environm ent identifies important Aboriginal cultural heritage values existin the City of Greater Bendigo. The Jarra people are the traditional inhabitants of theGreater Bendigo region, and have contributed significant Aboriginal heritage assets thatare recognised as being vital features of the environment and are irreplaceable recordsof cultural development.

The entire site is identified as being within an area of Aboriginal Cultural HeritageSensitivity due to the proximity of Back Creek.

One of the strategies of Clause 15.03-2 Aboriginal Cultural Heritage is to identify, assessand document places of Aboriginal cultural heritage significance, in consultation withrelevant Registered Aboriginal Parties, as a basis for their inclusion in the PlanningScheme.

A Cultural Heritage Management Plan was prepared for the site as part of the applicationprocess and has been approved by the Chief Executive Officer of the Dja Dja WurrungGroup. No areas of aboriginal cultural heritage were identified during the survey of thesite.

The Management Plan provides recommendations and methodology on the appropriatemeasures for works on the site.

Other Matters

Current Strategic Planning – Play Spaces

One of the key issues raised by a number of residents in the area was the lack ofchildren’s playgrounds in the area. Many residents had the expectation that this land wasto be developed for recreation purposes. It is unknown how this expectation was formed.

While no further public open space is proposed on the site or in the immediate area aspart of this application, the City of Greater Bendigo has just commenced a Public SpacePlan which seeks to investigate all aspects of public space including formal and passiveareas.

This plan will seek to:o Set out the ‘big picture’ future for Bendigo’s public space. o Support community growth and health.o Improve public space equity and diversity.o Integrate public land.o Guide investment.

The preparation of the plan will involve significant community consultation and providesthe opportunity for members in this area to raise their concerns about the lack ofchildren’s playgrounds.




PAGE 64

Property Value

A concern received in an objection related to the impact of the proposal of propertyvalue.

There is established case law which holds that a decrease in property value is anirrelevant planning consideration. This has been a long standing position by the Tribunaland other than in exception cases, where clear evidence can be presented, the loss inproperty values will not be entertained as a ground of objection.

No evidence has been provided to support this ground of objection, therefore it is not arelevant consideration.

Restriction on Title

A Covenant (PS638653U) is registered on the title for the application site.

Only the application site is burdened by the restriction which states:

"The registered proprietor or proprietors for the time being of Lot 36 on this plan to whichthe following restriction applies shall not construct any habitable structure with a floorlevel lower than 183.90 m AHD."

The application was referred to North Central Catchment Management Authority as partof this planning process. The Catchment Management Authority has requested a floorlevel no lower than 184.1 metres AHD.

As this floor level is higher than that required by the restriction on title it is considered anamendment or variation of the restriction is not required and the condition is met.

Garbage Collection

Due to the narrow frontage of the site to Arrawalli Avenue (approximately 5.5 metres)garbage and recycling collection must be undertaken by a private service.

Public Open Space Contribution

A public open space contribution, which included a monetary contribution and land to

create the linear reserve was provided to the City of Greater Bendigo when the site wasoriginally created by Planning Permit DS/678/2009.

As a contribution has already been provided no further contribution is required as part ofthis subdivision.

Conclusion

The application seeks approval for the subdivision and development of land within anestablished residential area of Ascot.

The subdivision and development has been designed to take into consideration thelayout and context of the site, including the established pattern of development.




PAGE 65

While the lot sizes are smaller than those currently developed in the area, this is notconsidered to be unreasonable as it contributes to diversity. There could have beenfurther consideration into providing greater diversity in regards to the built form, howeverit is still considered the proposal is likely to meet a need within the community (i.e.standard sized dwellings on low maintenance allotments).

Vehicle access to and from the site will be provided via a single accessway from Arrawalli Avenue. The access arrangements, impact on traffic and car parking have beenassessed by the City of Greater Bendigo’s Traffic Engineers and comply with therelevant standards.

A reserve adjoining the site was provided to the City of Greater Bendigo at the time ofthe original subdivision, therefore the public open space has already been met.

Overall it is considered the proposal appropriately complies with the requirements of the

Greater Bendigo Planning Scheme.

Options

Council, acting as the responsible authority for administering the Planning Scheme, mayresolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

Attachments

Objections

RECOMMENDATION

That the Greater Bendigo City Council resolves to:

A. Approve the Development Plan prepared by Total Property Development referencenumber PA 15043.01 and;

B. Pursuant to section 61 of the Planning and Environment Act (1987), issue a PlanningPermit for an 8 Lot Subdivision and Development of 8 Dwellings at 11A Arrawalli Avenue, ASCOT 3551 subject to the following conditions:

1. MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to thesatisfaction of the responsible authority must be submitted to and approvedby the responsible authority. When approved, the plans will be endorsed andwill then form part of the permit. The plans must be drawn to scale withdimensions and 2 copies must be provided. The plans must be generally inaccordance with the plans submitted with the application but modified toshow:(a) A corner splay or area at least 50 per cent clear of visual obstructions

extending at least 2 metres along the frontage road from the edge of an

exit land and 2.5 metres along the exit lane from the frontage.(b) Relocation of communication pits located within the proposed vehicle




PAGE 66

crossing.(c) Fencing along the eastern boundary between the front walls of Dwelling

7 and Dwelling 8 to be semi-transparent.(d) Pedestrian access between the site and adjoining passive open space.(e) Alternative treatment to western boundary of Lot 1 to improve

presentation of site when viewed from common driveway and Arrawalli Avenue.

(f) Barrier along the western side of visitor’s car parking spaces to preventvehicles hitting the boundary fence.

(g) Landscape plan in accordance with Condition 2.(h) Floor level in accordance with Condition 26.

2. LANDSCAPE PLAN REQUIRED

Before the development starts, a landscape plan to the satisfaction of theresponsible authority must be submitted to and approved by the responsibleauthority. When approved, the plan will be endorsed and will then form part

of the permit. The plan must be drawn to scale with dimensions and twocopies must be provided. The plan must show:(a) Details of surface finishes of pathways and driveways(b) Planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, sizes at maturity,and quantities of each plant.

The plan must include some semi-mature or mature species.

3. NO LAYOUT ALTERATION

The use and development permitted by this permit as shown on the endorsedplans and/or described in the endorsed documents must not be altered or

modified (for any reason) except with the prior written consent of theresponsible authority.

4. LANDSCAPING MAINTENANCE

The landscaping shown on the endorsed plans must be maintained to thesatisfaction of the responsible authority, including that any dead, diseased ordamaged plants are to be replaced.

5. COMPLETION OF LANDSCAPING

Before the occupation of the development starts or by such later date as isapproved by the responsible authority in writing, the landscaping works

shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

6. GENERAL EXTERIOR TREATMENT

The exterior treatment of the buildings permitted by this permit including allexterior decoration, materials, finishes and colours must be to the satisfactionof the responsible authority. The exterior treatment of the building(s) must bemaintained to the satisfaction of the responsible authority.

7. VEHICLE ACCESS

All vehicles must enter and exit the site in a forward direction at all times.

8. GARBAGE AND RECYCLING COLLECTION

Garbage and recycling collection must be by a private service. Evidence of




PAGE 67

the arrangements for the collection must be submitted to and approved bythe responsible authority.

9. REFRIGERATION & AIR-CONDITIONING EQUIPMENT Any equipment required for refrigeration, air-conditioning, heating and the likemust be suitably insulated for the purpose of reducing noise emissions andmust be located so as to not be highly visible from the public realm to thesatisfaction of the responsible authority.

10. CONSTRUCTION PHASE

All activities associated with the construction of the development permitted bythis permit must be carried out to the satisfaction of the responsible authorityand all care must be taken to minimise the effect of such activities on theamenity of the locality.

11. CONSTRUCTION MANAGEMENT PLAN

Prior to commencement of works the owner or applicant must submit aConstruction Management Plan (CMP) for approval by the responsibleauthority. This plan shall include, but not be limited to:(a) A site specific plan showing proposed erosion and sedimentation control

works.(b) Techniques and intervention levels to prevent a dust nuisance.(c) Techniques to prevent mud and dirt being transported from the site to

adjacent streets.(d) The protection measures taken to preserve any vegetation identified for

retention.

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

12. DETAILED DRAINAGE PLANS

Before the plan of subdivision is certified under the Subdivision Act 1988,plans to the satisfaction of the responsible authority must be submitted to andapproved by the responsible authority. When approved, the plans will beendorsed and then will form part of the permit. The plans must be drawn toscale 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

13. STORMWATER DETENTIONPrior to the connection of any building to the responsible authority’s drainagesystem, the owner or applicant must provide onsite surface and stormwaterdetention to pre-development levels in accordance with plans andspecifications to the satisfaction of the responsible authority.

14. STORMWATER QUALITY

Before the use or development commences, the owner or applicant mustprovide a stormwater treatment system to achieve the “Best PracticeEnvironmental Guidelines” storm water quality (Victorian Stormwater




PAGE 68

Committee, 1999) in accordance with plans and specifications to thesatisfaction of the responsible authority.

15. CONSTRUCTION WORKS

Road works, drainage and other civil works must be constructed inaccordance with the City of Greater Bendigo Infrastructure Design Manualand plans and specifications approved by the responsible authority and mustinclude:(a) Underground drainage.

16. SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEM

Prior to the issue of a Statement of Compliance, the applicant/owner mustenter into an agreement under section 173 of the Planning & Environment Act 1987.

Such agreement must covenant that:

The owner will maintain each on-site detention system and/or treatmentsystem and not modify without prior written approval from the responsibleauthority.

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

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

17. PUBLIC ASSETS

Before the development starts, the owner or developer must submit to theresponsible authority a written report and photos of any prior damage to

public infrastructure. Listed in the report must be the condition of kerb &channel, footpath, seal, street lights, signs and other public infrastructurefronting the property and abutting at least two properties either side of thedevelopment. Unless identified with the written report, any damage toinfrastructure post construction will be attributed to the development. Theowner or developer of the subject land must pay for any damage caused toany public infrastructure caused as a result of the development or usepermitted by this permit.

18. STORMWATER PITS

The stormwater pits in the vicinity of the vehicle crossing must be upgraded

to grated pits in accordance with the Infrastructure Design Manual SD480.

19. VEHICLE CROSSINGS

Vehicular access to the subject land from any roadway or service lane (andvice versa) must be by way of a vehicle crossing(s) constructed at rightangles to the road, to suit the proposed driveway(s) and vehicles that will usethe crossing. A Works within Road Reserves permit must be obtained fromthe City of Greater Bendigo Engineering & Public Space Unit prior to anywork commencing in the road reserve.

20. SEALED CAR PARK

Areas set aside for the parking of vehicles together with the aisles and drivesmust be properly formed to such levels that they can be utilised in




PAGE 69

accordance with the endorsed plan and must be drained and provided withan impervious all weather seal coat. The areas must be constructed, drainedand maintained in a continuously useable condition to the satisfaction of theresponsible authority.

21. USE OF CAR PARKING AREAS

Areas set aside for the parking and movement of vehicles as shown on theendorsed plan must be made available for such use and must not be used forany other purpose.

22. PEDESTRIAN SIGHTLINES

The minimum sight line for pedestrian safety must be provided at the exitlane frontage so as to accord with Clause 52.06-8 of the City of GreaterBendigo Planning Scheme.

23. NO MUD ON ROADS

In the event of mud, crushed rock or other debris being carried onto publicroads or footpaths from the subject land, appropriate measures must beimplemented to minimise the problem to the satisfaction of the responsibleauthority.

24. DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING

(a) All earthworks are to be designed and constructed to avoid soil erosion. All fill is to be compacted, and batters are to be topsoiled andrevegetated. All drainage is to be diverted around the disturbed areas.

(b) No polluted and/or sediment laden run-off is to be discharged directly orindirectly into Back Creek.

25. GOULBURN-MURRAY WATER

(a) All works within the subdivision must be done in accordance with EPAPublication 960 “Doing it Right on Subdivision, Temporary EnvironmentalProtection Measures for Subdivision Construction Sites”, September2004.

(b) Each lot must be provided with connection to the reticulated seweragesystem in accordance with the requirements of Coliban Water.

(c) Stormwater run-off from buildings and other impervious surfaces must bedissipated as normal un-concentrated overland flow prior to beingdischarged to a legal point as nominated by the Responsible Authority.

Any stormwater discharge to the waterway must be undertaken in amanner that does not cause erosion or the discharge of sediment.

26. NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY

(a) All new allotments must be filled to at least the estimated 1% AEP floodlevel(s).

(b) Prior to issuing a statement of compliance a certified survey plan offinished surface levels must be submitted to the responsible authorityand North Central CMA for its approval.

(c) The finished floor level of the proposed dwellings on Lots1-8 must beconstructed a minimum 300 millimetres above the estimated 1% AEP

flood level of 183.8 metres AHD, i.e. no lower than 184.1 metres AHD.

27. TELECOMMUNICATIONS




PAGE 70

(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 inaccordance with the provider’s requirements and relevant legislationat the time.

a suitably qualified person for the provision of fibre readytelecommunication facilities to each lot shown on the endorsed plan inaccordance with any industry specifications or any standards set bythe Australian Communications and Media Authority, unless theapplicant can demonstrate that the land is in an area where theNational Broadband Network will not be provided by optical fibre.

(b) Before the issue of a Statement of Compliance for any stage of thesubdivision under the Subdivision Act 1988, the owner of the land mustprovide 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 relevantlegislation at the time.

a suitably qualified person that fibre ready telecommunication facilitieshave been provided in accordance with any industry specifications orany standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in anarea where the National Broadband Network will not be provided byoptical fibre.

28. AUSNET SERVICES (GAS) The plan of subdivision submitted for certification must be referred to AusNet

Services (Gas) in accordance with section 8 of the Subdivision Act 1988.

29. POWERCOR

(a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance withsection 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 supplysystem, as required by Powercor.

Where buildings or other installations exist on the land to besubdivided and are connected to the electricity supply, they shall bebrought into compliance with the Service and Installation Rules issuedby the Victorian Electricity Supply Industry. You shall arrangecompliance through a Registered Electrical Contractor.

The applicant shall provide to Powercor Australia Ltd, a copy of theversion of the plan of subdivision submitted for certification, whichshows any amendments which have been required.

Any buildings must comply with the clearances required by theElectricity Safety (Network Assets) Regulations.

Any construction work must comply with Energy Safe Victoria’s “NoGo Zone” rules.




PAGE 71

30. COLIBAN WATER

(a) The owner is required to provide reticulated water and sewerageservices to each of the lots within the subdivision and comply with anyrequirements arising from any effect of the proposed development onColiban Water assets. Services are to be provided in accordance withour specifications.

(b) All Coliban Water assets within the subdivision, both existing andproposed, are to be protected by an easement in favour of ColibanRegion Water Corporation.

(c) All existing and proposed sewers must be located at least 1 metre fromany proposed structure/boundaries.

31. COMPLETION OF DEVELOPMENT

Before a statement of compliance is issued for the subdivision:(a) The dwelling(s) approved under this permit must be constructed to a

state of practical completion to the satisfaction of the responsible

authority; or(b) The owner must enter into an agreement under section 173 of thePlanning & Environment Act 1987 that covenants that the lots created bythe subdivision will only be developed in accordance with the plansendorsed under this permit. The agreement will end upon completion ofthe development shown on the endorsed plans.

32. EXPIRY OF THE PERMIT - SUBDIVISION AND DWELLINGS

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 ofcertification of the plan of subdivision; or(c) Construction of the approved dwellings is not completed within 7 years

from the date of this permit.

The responsible authority may extend the time for certification of the plan, orfor the completion of the dwellings, if a request is made in writing before thepermit expires or thereafter, within the period allowed by section 69 of thePlanning and Environment Act 1987.

Telstra Note Approval does not cover alterations to existing Telstra plant or network. Locations ofexisting network can be obtained from Dial Before You Dig – Ph: 1100

For co-ordinated Telstra plant reticulation in this development, please refer towww.telstrasmartcommunity.com to register your development and apply for reticulation.

City of Greater Bendigo Engineering & Public Space Note A Works within Road Reserves permit must be obtained from the City of GreaterBendigo Engineering & Public Space Unit prior to any work commencing in the roadreserve.




PAGE 72

CONSENT FOR WORK ON ROAD RESERVESThe applicant must comply with:(a) The Road Management Act 2004,(b) Road Management (Works and Infrastructure) Regulations 2005, and(c) Road Management (General) Regulations 2005

with respect to any requirements to notify the coordinating authority and/or seek consentfrom the coordinating authority to undertake “works” (as defined in the Act) in, over orunder the road reserve. The responsible authority in the inclusion of this note on thisplanning permit is not deemed to have been notified of, or to have given consent, toundertake any works within the road reserve as proposed in this permit.

North Central Catchment Management Authority NoteFlood levels for the 1% AEP (100 year ARI) flood event have been determined for thisarea under provisions of the Water Act 1989. The determined 1% AEP flood level for thelocation described above is 183.8 metres AHD, which was obtained from the BendigoUrban Flood Study 2013.

North Central CMA advises that in the event of a 1% AEP flood event it is possible thatthe property may be subject to inundation from Back Creek. However it is recommendedthat a licensed surveyor be engaged to determine the exact effect of the applicable floodlevel on the property.

Cultural Heritage Management Plan NoteThe Cultural Heritage Management Plan prepared by Heritage Insight, CHMP No. 13657dated 24 August 2015 has been considered through assessment of this permit and anyrecommendations contained within must be implemented by the land owner / developer.



Presentation and Vibrancy - Reports 73 Ordinary Meeting - 16 December 2015

PAGE 73

3. PRESENTATION AND VIBRANCY

3.1 SUPPORT FOR DEPARTMENT OF ENVIRONMENT, LAND, WATERAND PLANNING COMMITTEES OF MANAGEMENT


Author Matthew Kerlin, Executive Officer, Community Wellbeing

Responsible Pauline Gordon, Director Community WellbeingDirector

Summary/Purpose

To explain the inconsistencies currently existing between groups and facilities on Councilmanaged land compared to groups and facilities with direct committee of managementresponsibilities with the Department of Environment, Land, Water and Planning(DELWP).

Policy Context

Council Plan Reference:

This report is strongly aligned with the following Council Plan 2013-2017 strategicobjectives and actions:

1.2.3 Advocate to other levels of government for funding for required infrastructure, key projects and services to be in place for our growing and lovable municipality.

3.2 Residents and visitors are able to access good quality sports and recreationalleisure facilities that are fit for purpose and enable them to celebrate their activeartistic, cultural, sporting and social lives.

5.3 Essential infrastructure is constructed, maintained and renewed to meet the needs

of current and future residents.

5.7.1 Understand the impact of rate capping on the City’s long term financialsustainability and community aspirations for services and facilities and advocateto the State Government for the best outcome for our community.

5.7.3 Thoroughly evaluate the potential long-term impacts of any shift of responsibilityor reduction in funding from the State Government, before agreeing to continue tofund service delivery, new services or take over responsibility for assets.




PAGE 74


There have been a number of issues (mainly) coming out of small towns regardingcommunity groups and community facilities and the disparity between support that is andthat can be provided by the City of Greater Bendigo (the City). This involves a number ofDirectorates across the City with requests for support being sought for buildingmaintenance, insurance, mowing, tree pruning and recreation support.

Issues encountered by officers largely stem from the different classifications of land anda lack of policy position for how the City should respond to and support activities uponthis land. The land classifications and the way nearly identically used pieces of land aretreated differently is a problem for officers in responding to requests from the community.More importantly it is becoming an increasingly frustrating issue for community memberswho do not understand or appreciate the delineation between facilities or the responsibletier of government.

For the purposes of this discussion paper the main classifications of land used bycommunity groups or community facilities are summarised in the below table.

Classifications of LandClassification Owned by Managed by Formal support

provided by the CityCouncilManaged Land

The City The City YesThe Crown(DELWP)

The City (asCommittee ofManagement)

Yes

Direct COM

Land

The Crown

(DELWP)

Direct Committee of

Management

Inconsistently/informal

A list of known Direct DELWP Committee of Management sites throughout GreaterBendigo is included for information as Attachment 1.

Previous Council Decision(s) Date(s):

Officers presented to Councillors at the Councillors Forum on 11 November 2015.

Report

It is widely understood that activities undertaken by community groups upon Councilmanaged land will be supported by the City and often this is documented throughmanagement agreement, leases, funding and service agreements etc. However, wherethere is a direct committee of management who report to DELWP there is no cleardefinition of what support will be provided, which leads to uncertainty and inconsistentmessages from both officers and Councillors and how they should be supported.

When providing services and assistance to Direct DELWP COM’s it is often on anunplanned basis, which has a negative effect on existing services as the resources

required are diverted from what they were budgeted to do originally.




PAGE 75

At a Council Forum earlier this year it was agreed to extend the insurance supportoffered to community groups involved with Council Managed Land to those communitygroups involved with Direct COM land. This change did not result in a significant impacton the City’s resources (an additional expense of $3,496 was incurred), but did provide aconsistent approach to an issue where previously there had been anomalies for similartypes of community groups due solely to the classification of the land they carried outtheir activities on.

Some of the issues being faced with requests for support for Direct DELWP COM’s wereidentified in a 2014 audit undertaken by the Victorian Auditor General into DELWP’smanagement and support to committees of management of Crown Land.

In February 2014 the Victorian Auditor General released finding’s into DELWP’s (thennamed DEPI) Oversight and Accountability of Committees of Management . VAGO foundsignificant shortcomings contributing to why community committees of managementwere failing, including DELWP’s inadequate governance of CoMs and its lack of a

strategic approach to supporting and overseeing CoMs. DELWP had also failed to takeadequate steps to ensure the sustainability of CoMs into the future.

Several key recommendations arising from the audit specified that the level of supportprovided to COM’s needed to be increased and the relevant recommendations alongwith DELWP’s committed actions to address these issues are include in Attachment 2.

DELWP’s response to Recommendation 9 of VAGO’s findings is also of interest to theCity as it indicates DELWP’s intentions to reassign additional reserves to local councils.

DELWP did commit to greater support to COM’s in response to VAGO’s findings, yet it is

CoGB officers’ experience that DELWP are either: not providing this support to COM’s are suggesting COM’s seek the City’s assistance for this support or COM’s may not be aware of potential support available from DELWP.

Regardless of whatever policy direction Council feels is the best for the community it isrecommended that Council follow up with the appropriate Minister on the findings of theVAGO audit and advocate for more support for community committees of management.

Advocacy to the Minister should focus on ensuring that the recommendations andcommitments that arose from the VAGO report are being put into action by DELWP. Additional advocacy is also required to seek funding or additional support from the StateGovernment for where and when the City takes on additional managementresponsibilities for crown land. This is pertinent in light of recent Council decisionsresulting in the City taking on the management responsibilities for Dower Park in 2015and Malone Park in July 2016 with no additional support, financial or otherwise, from theState Government. Once the State Government’s position is clarified the City will bebetter informed to make a decision on a potential policy addressing support for thesesites currently managed by community committees of management and reporting directlyto DELWP.




PAGE 76

Case Study

An example for how two similar groups can be treated differently is illustrated in the twoexamples of Barrack Reserve/Heathcote Swimming Pool and the Raywood RecreationReserve as shown in Attachment 3. These two sites although located in towns ofdiffering sizes still provide very comparable services and facilities to the community.

As demonstrated in the table there is a significant difference in how the two sites aresupported by the City. This situation has evolved over a long period time and officersconsider that it is time to look at developing a policy position to give Councillors andofficers certainty when dealing with affected groups.

Further Questions for Consideration

Further questions that will need to be discussed and addressed as part of any policyinclude the following:

What is the definition of a community facility? It’s recommended that a set ofcriteria be developed to determine which facilities are considered communityfacilities. Should these all receive the same level of support regardless of whetherthey’re on CoGB managed land or not?

How broad is the policy – does it include DELWP direct COM’s only? Or does itextend to other “community facilities” where there is a joint use agreement?Currently facilities where there is a joint use agreement in place are not registeredon the City’s asset register making future asset planning and maintenance difficult.

Would all DELWP direct COM’s want CoGB’s assistance? For example, do weneed to give the COM’s the option to opt out if they wanted to retain theirindependence from the City?

Do they go on our asset register and attract depreciation for renewal and upgradeworks? Are some of these properties and reserves already on our asset registerand we don’t include them in our long term plans?

Options/Alternatives:

Four key options to consider in terms of a policy that would address whether support isor is not provided to community groups/facilities that are not on Council Managed Landare:

1. A policy position where all “community use” Crown land is managed by the City. 2. A policy position where all “community use” Direct COM land receives the same

levels of support as other “community use” Council managed land, but is notmanaged by the City.

3. A policy position where all “community use” Direct COM land is referred to DELWPwith any request for support in line with DEWLP’s Committees of Management

Responsibilities and Good Practice Guidelines (Attachment 4)4. That Council accepts inconsistency and treats each case on its merits using a set ofguidelines.




PAGE 77

Risk Analysis:

There are two broad high level risk areas that need to be considered with regards to anypotential establishment of a policy.

The first high level risk is the financial risk that would be involved in taking on the extraresponsibilities that currently do not formally sit with the City.

The second high level risk area is the social risk involved if the City do not support oursmall towns to similar levels of support that are received in other parts of greaterBendigo.


Internal Consultation:

An internal working group has been established internally to discuss the varying andcompeting issues and assist with the drafting of this report. The working group consistsof officers from Active and Healthy Communities, Building and Property, Parks andNatural Reserves, Risk Management, Finance and Community Partnerships – the widerepresentation of areas is reflective of the impact that these issues have on theorganisation.


If Council resolves to develop a policy or set of guidelines to address the issue then it isintended to undertake appropriate engagement with the broader community andstakeholders such as DELWP, DELWP direct CoM’s, user groups, Dja Dja Wurrung andTaungurung Clans Aboriginal Associations.

At the Councillors forum on 11 November 2015 it was suggested that a reference groupbe established to resolve the matter, consisting of Councillors, DELWP, Dja DjaWurrung, Taungurung and relevant staff.


Any change to the current status quo would need to be considered with carefulconsideration of the resource implications.

For Options 1 and 2 the implications are expected to be significantly high. Taking on theresponsibility for managing these sites and providing the same level of support that iscurrently provided to Council Managed Land would result in significant increases to thebudget area of property maintenance, renewal and parks. Extra staff resources wouldalso be required to undertake the work involved in managing the sites.




PAGE 78

With rate capping to be introduced prior to the development of the 2016/17 budget anysignificant budget incr ease would need to be rationalised from another area of the City’sbudget or direct funded in order to pay for itself. While it is presumed that DELWP wouldbe happy for the City to take on management of more Crown land sites it is unlikely thatthey would be open to contribute financially to the management of these sites as atpresent it appears that they don’t have the capacity and/or willingness to do so.Following the VAGO’s audit on DELWP’s management of community committees ofmanagement it is recommended that Council contact the relevant Minister to advocatethat more support is provided to these committees in line with the findings of the audit.

An example of the financial implications in taking on committee of managementresponsibilities for a DELWP site can be shown by Council’s recent decision (25November 2015) to take on committee of management status for Malone Park. Thisdecision was made following an audit of the assets on site and the costs to the City werean initial $278,000 for safety/compliance works with an additional $78,090 annually formaintenance of the site. It needs to be noted that all sites do differ in number and quality

of assets and a budget bid to undertake condition audits of all relevant assets would berequired as part of the process for development of a policy.

Conclusion

There are a number of community facilities that are managed by committees ofmanagement who report directly to DELWP with no formal relationship with the City suchas a lease or management agreement. With no documented responsibilities for eachparty this leads to inconsistencies for how the sites are treated within and across variousdepartments of the organisation. As these sites are not considered Council managed

sites there is often a lesser level of service and support provided compared tocomparable sites throughout the municipality. This causes confusion and frustrationamongst members of the community, Councillors and officers.

In the current climate of rate capping and cost shifting Council need to be aware thatthere are significant financial costs and risks in assuming extra responsibility for thesesites on behalf of DELWP, a State Government department. Advocacy to the StateGovernment highlighting these issues and following up on V AGO’s findings is consideredan important first step in assessing what support will be available for these sites andensuring that the City does not have to wear the full burden involved with any potentialchange.

Development of a policy, policy position or set of guidelines to provide clarity in the futuremanagement of issues identified within this report is essential for community members,Councillors and officers alike. Officers realise that any change will need to engage keystakeholders and may be significantly influenced by the response received from theState Government in regards to the advocacy mentioned prior.




PAGE 79

Attachments

1. Indicative List of Direct DELWP Committee of Management Sites within GreaterBendigo

2. Relevant VAGO Audit Findings3. Barrack Reserve and Raywood Recreation Reserve Case Study4. CoM Responsibilities and Good Practice Guidelines (separate document)

RECOMMENDATION

1. That the Mayor/Council advocate to the State Government ensuring more supportfor community committees of management consistent with the findings andcommitments of VAGO’s findings on DELWP’s management of these committees.

2. That the Mayor/Council advocate to the State Government for ongoing financialsupport for crown land sites where and when the City takes on additionalresponsibility.

3. Following advocacy and once the State Government position is clarified, withregards to ongoing financial support, a further report will be presented to Councilwith a recommendation for a draft policy to be developed to address the currentinconsistent approach.




PAGE 80

3.2 REDESDALE COMMUNITY HUB FEASIBILITY STUDY


Authors Steven Abbott, Manager Community PartnershipsDeb Simpson, Coordinator Connecting Communities

Responsible Pauline Gordon, Director Community WellbeingDirector

Summary/Purpose

To present the Redesdale Community Hub Feasibility Study (Feasibility Study) findings

for Council consideration.

Policy Context


This report is consistent with the following Council Plan 2013 - 2017 strategic objectives:

3.2 Residents and visitors are able to access good quality sports and recreationalfacilities that are fit for purpose and enable them to celebrate their artistic, cultural,

sporting and social lives.3.7 Structured community engagement, community planning and community

development programs support our residents and communities, particularly thosewhose experience isolation.

5.3 Essential infrastructure is constructed, maintained and renewed to meet the needsof current and future residents.

Regional Strategic Plan Reference:

This report is also consistent with the following Loddon Mallee (Southern) RegionalStrategic Plan key initiatives:

2.6 Develop community hubs in schools, CFA sheds, libraries or other accessiblelocations to increase participation in community life.


Situated near the juncture of the Greater Bendigo, Macedon Ranges, Mitchell and Mount Alexander municipalities, the Redesdale township currently services a population ofapproximately 2,000 people (Australian Bureau of Statistics 2011 Census). Over the next20 years it is forecast that the population will increase by 10.5%.




PAGE 81

The township has a number of established businesses and also offers importanteducational, emergency service, recreational and social infrastructure. Many travellerspass through the township on their way to nearby Lake Eppalock, or as they traversebetween the Calder Freeway and McIvor Highway.

The Redesdale Community Hub concept focuses on the ‘Agnes Mudford Reserve’ (theReserve) which incorporates an existing hall and some recreational facilities. TheReserve is located at the intersection of the Heathcote-Kyneton and Bendigo-RedesdaleRoads, Redesdale. It is a Crown Land Reserve with a Committee of Management thatreports directly to the Department of Environment, Land, Water and Planning (DELWP).

The Reserve facilities are currently utilised on approximately 100 occasions per year.This usage includes some regional level activities (e.g. for markets and as a staging areafor the Country Fire Authority’s Eppalock Group - involving up to 13 brigades and 40emergency service vehicles - during times of emergencies) as well as many local levelactivities (e.g. for various Committee meetings and structured sporting activities). A

number of annual community events held at the Reserve regularly attract more than 100people.

The Redesdale and District Community Plan (the Community Plan) review undertaken in2013 reiterated community aspirations to further develop and activate the Reserve, withthe overall objective being to strengthen community capacity, connectedness andresilience. Potential new uses for the Reserve that have been proposed through thecommunity planning process include community festivals, general and specialist medicalconsultations and an internet café, to name a few.

In 2015 the City of Greater Bendigo (City) engaged Community Leadership Loddon

Murray Inc. (CLLM) to undertake a Feasibility Study to explore the viability of thecommunity’s aspirations. The brief provided to CLLM included to:

1. Analyse Redesdale’s demographics, current facility and service provision plus any gaps in these, and provide a comparative analysis of relative communities.

2. Outline any options for further developing the Reserve’s facilities to enableservicing of a broader range of community needs.

3. Provide rationale for any further development options, with demonstration of needand future sustainability (including revenue streams, optimum / shared uses andvolunteer resources) being key considerations.

4. Consider whether a Community Hub could support new social and economic

activity within Redesdale.5. Outline cost estimates for any further development options, including capital /

renewal / maintenance works costs and operating costs. Staging of any worksshould also be considered.

The Feasibility Study findings are discussed in detail within this report.


Council endorsed the first iteration of the Redesdale and District Community Plan(developed in 2008) on 1 July 2009, and the second iteration (developed in 2013) on 2October 2013.




PAGE 82

Report

The Feasibility Study findings indicate a need and support for a Redesdale CommunityHub.

Population characteristics, gaps and opportunities identified by the Feasibility Study dataanalysis and stakeholder consultation processes included:

Population characteristics

Redesdale has almost double the national average of people near retirementage.

Many highly skilled people reside in the Redesdale area and work part-timeeither as a lifestyle choice or to support their transition into retirement.

Young people living in Redesdale, whilst relatively low in number, are quiteseverely disadvantaged by their rurality and limited public transport options.

Gaps Access to public transport. Access to pre-school and after school activities. Access to health and wellbeing services and programs. A lack of business, employment and mentoring opportunities.

Opportunities

Playgroups. Visiting dance and music teachers. More social interaction and learning focused programs (e.g. after school study

groups, Men’s Shed and / or U3A). Health and allied health outreach services. More health and wellbeing focused programs (e.g. tai chi, yoga). Business / entrepreneur / social enterprise outreach mentoring. Seasonal agribusiness use of facilities (e.g. hall kitchen). Regional tourism promotion and support (e.g. visitor information hub and

overnight camping facilities). Public internet access facilities.

The Feasibility Study identified that the current Reserve facilities are in need of someupgrade or modification to better support the current range of uses, and to enable

expansion to more diverse uses. The hall, whilst functional, was found to requiresubstantial works to bring the kitchen and toilet amenities up to current standards.

The Feasibility Study explored three different infrastructure scenarios that aresummarised as follows:

1. Minor upgrade / modification of the existing facilities, with an estimated initialcost of $160,000.

2. Major upgrade / modification of the existing facilities, with an estimated initialcost of $550,000.

3. Development of a new stand-alone office space and consulting / program

rooms, with an estimated initial cost of $120,000.




PAGE 83

The Feasibility Study identified Scenario 2 (major upgrade / modification) as thepreferred scenario, with more details about this provided within the attached study(Attachment 1).

Separate to any infrastructure works, the Feasibility Study recommends that publicinternet access facilities be provided at the Reserve. It notes that a National BroadbandNetwork (NBN) tower has recently been installed near Redesdale however the region’stopography means that many community members are still unable to access reliableinternet services from their homes / businesses. Public internet access could also be akey consideration in any new regional tourism initiatives.

The Feasibility Study also identified a range of potential funding sources that could bepursued to support the implementation of Scenario 2.


The Feasibility Study entailed an extensive stakeholder consultation process and somereview of existing community hub models.

Input from across the business, community, education, emergency services,government, health, primary industries, telecommunications sectors informed the gapsand opportunities analysis and ultimately the Feasibility Study scenarios andrecommendations. A detailed consultation outline is included within Attachment 1.


Council ResourcesIt is the primary responsibility of the Committee of Management, reporting directly toDELWP to oversee the implementation (and associated resourcing) of the FeasibilityStudy. The facility is not on the City’s asset register and there is not yet a formallyadopted positon from Council in relation to the level of resourcing for such facilities (thiswork is currently in development and will be considered by Council).The City will continue to support the Committee of Management in relation to theimplementation, specifically in relation to identifying suitable funding sources.

Discussions with Regional Development Victoria have identified that a detailed analysisof the potential employment and economic impacts is now required in order to access

significant funding through the Regional Jobs and Infrastructure Fund.

A budget submission for the 2016/17 financial year has been made to Council in order tosupport this work.

Overall Implementation ResourcesThe Feasibility Study explored three different infrastructure scenarios but identifiedScenario 2 as the preferred scenario. This scenario integrates the upgrade / modificationof current Reserve facilities plus the development of some new facilities with the aim ofbetter supporting the current range of Reserve uses, plus enabling a more diverse rangeof Reserve uses. Scenario 2 would entail an estimated cost of $550,000 however staging

of the works (and associated costs) over multiple financial years has been consideredwithin the scenario.




PAGE 84

The Feasibility Study also identified a range of potential funding sources that could bepursued to support the implementation of Scenario 2.

Recent Council investment in the Redesdale community

The following examples are provided as an indication of recent Council investment in theRedesdale community. It is by no means an exhaustive list.

Year Operating budget Capital budget Grant allocations2015/16 (year todate)

RedesdaleCommunity HubFeasibility Studyconsultancy -$7,000

2014/15 Installation of 500m

of new gravel path- $41,000

3 separate

Community Grants- totalling $9,000.

2013/14 Data not reviewed

2012/13 Installation of newcricket wicket at theReserve - $3,500

Data not reviewed

2011/12 Data not reviewed

2010/11 Installation of newpublic toilets at theReserve -

$108,000

Data not reviewed

The City also sourced bushfire recovery funding from external sources following the 2009Black Saturday Fires which directly impacted the Redesdale and surroundingcommunities. This funding enabled the renewal of the Reserve’s playground and tenniscourts.

In addition, the Reserve Committee of Management is provided with an annualmaintenance grant (to assist with the cost of utilities, etcetera) of $3,000.

(Some figures quoted have been rounded out).

Conclusion

The establishment of a Redesdale Community Hub is a goal expressed within theRedesdale and District Community Plan. The concept is also consistent with the LoddonMallee (Southern) Regional Strategic Plan and Council Plan 2013 – 2017 and thedirections stemming from the Greater Bendigo Rural Community Discussion Paper.




PAGE 85

A Feasibility Study has concluded that a Redesdale Community Hub would respond tolocal identified community gaps and opportunities for bringing local organisations andindividuals together to increase social capital and resilience. The hub will also help toachieve Council’s vision and strategic objectives in the form of supporting small towns toconnect and grow.

The Feasibility Study recommends the upgrade / modification of current facilities at theReserve plus the development of some new facilities to better support the current rangeof uses, plus enable a more diverse range of uses at the Reserve. The estimated cost ofthe proposed works is $550,000 however staging of the works has been considered. Thestaging would enable different government funding programs to be targeted and anyCouncil contributions that may be sought to be spread over multiple financial years.

Council would need to consider any Redesdale Community Hub related budget bids on acase by case basis.

Attachments

1. Redesdale Community Hub Feasibility Study.

RECOMMENDATION

That Council endorse the Redesdale Community Hub Feasibility Study and consider anyrelated budget bids on a case by case basis.




PAGE 86

3.3 COMMUNITY GRANTS - COMMUNITY ASSESSMENT PANELS'MEMBER APPOINTMENTS


Author Deb Simpson, Coordinator Connecting CommunitiesSteven Abbott, Manager Community Partnerships

Responsible Pauline Gordon, Director Community Wellbeing Director

Summary/Purpose

To provide Council with details of Expressions of Interest received for membership of theCommunity Grants Community Assessment Panels, and for Council to appoint theCommunity Assessment Panel members.

Policy Context


This report is consistent with the following Council Plan 2013 – 2017 strategic objectives:

1.1 Good governance principles are used to guide strategic decision making.


Council adopted a new Community Grants Policy (Policy) and associated ProgramGuidelines (Guidelines) on 11 February 2015.

In accordance with the Guidelines:

All Community Grant applications are to be assessed by Community AssessmentPanels (Panel);

Panel members are to be recruited through a public Expression of Interest (EOI)process;

Each Panel is to include a minimum of three and a maximum of five members; Panel members are to be appointed by Council following consideration of all EOIs

received; Panel membership is for a maximum three year term and is on a voluntary basis.


11 February 2015

Council adopted the Community Grants Policy and associated Program Guidelines.5 August 2015Council endorsed minor amendments to the Policy and Guidelines.




PAGE 87

Report

The role of Panel members is to individually assess all applications against establishedcriteria, and to then collectively develop funding recommendations for Council

consideration.

The opportunity to submit an EOI for Panel membership was promoted through articlesand / or advertisements in community newsletters, newspapers, relevant email networksplus the City of Greater Bendigo’s website and social media accounts. EOIs for Panelmembership opened on 1 October 2015 and closed on 16 October 2015.

EOIs were sought for Panel membership for the following six grant categories:

Active Communities Community Arts Community Development Community Events Healthy Communities Print and Digital Publications

EOIs were not sought for the Environment category as that Panel’s membership is drawnfrom Council’s Sustainable Environment Advisory Committee. EOIs were also not soughtfor the Driver Education for Youth category as that category will be discontinued as soonas all of the funds held in Trust have been allocated (which is anticipated to be Round 2of 2015/16). The existing Panel members for the Driver Education for Youth Category

are willing to continue on until this occurs.

The EOI process required applicants to respond to six questions. These questionssought information from applicants about relevant knowledge, skills and previousexperience, plus the ability to maintain confidentiality.

22 different applicants submitted EOIs however some applicants expressed interest inmultiple Panels resulting in 36 EOIs for a maximum of 30 available positions (given thatthe six Panels can each include a maximum of 5 members). Confidential Attachment 1outlines which applicants submitted EOIs for which Panels.

The EOI Assessment Process

All EOIs were initially assessed for accuracy by a Panel comprising three staff inconjunction with support from the Mayor, Cr Rod Fyffe reviewing the initial score againstcriteria. A further meeting occurred with Councillor Representation from each ward; CrBarry Lyons, Cr James Williams and Cr Mark Weragoda reviewed the applicants andsupported selection of the preferred applicants to the six Panels. The work was inaccordance with the Council adopted Policy and Guidelines.

Each of the EOIs were assessed using the following criteria and maximum scores:




PAGE 88

Criteria Maximum scoreMotivation to nominate 15Experience in working with community groups 10Experience in assessing project proposals 10

Experience in assessing grant applications 15Experience in applying for grants 10 Ability to maintain confidentiality 10TOTAL 70

The scores were used as the basis for formulating the recommendations regarding Panelmember suitability for Ward Councillor’s consideration. As multiple applicants expressedinterest in multiple grant categories, consideration has also been given to trying toachieve a gender and geographical balance.

There was some variation in the standard of applications received, ranging from most

providing very detailed responses to some providing very minimal responses.Confidential Attachment 2 provides a summary of applicants’ Expressions of Interest.

The final recommendations are presented for Council’s endorsement.

Priority/Importance:

It is a high priority to ensure Council’s limited funding is targeted to activities that will beof greatest community benefit, and that funding allocations are underpinned by theprinciples of transparency, equity and sustainability. The use of Panels to assessapplications and to develop funding recommendations for Council consideration is one of

the strategies embedded within the Policy and Guidelines for achieving transparency.

As 2015/16 Community Grant Round 2 applications open on 1 February 2016, it isimportant that Council appoint Panel members during December 2015 to enablesufficient time for them to be adequately briefed and trained prior to needing to assessgrant applications.

Risk Analysis:

This is the first time EOIs have been publicly sought for membership of CommunityGrants Panels. The overall process undertaken was consistent with the adopted Policyand Guidelines and thus the embedded principles of transparency, equity andsustainability as well as sufficiently rigorous with both staff and councillor involvement inthe process.

The Guidelines require all Panel members to declare direct interests in any CommunityGrant application referred to them. Any Panel member that has a direct interest in anapplication must not participate in the Panel’s deliberations regarding that application.




PAGE 89



The opportunity to submit an EOI for Panel membership was publicly advertised througha range of mediums.


The Guidelines provide for the Panels to be administratively supported by the City’sCommunity Grants and Development Officer. Each of the Panels is also linked to a Citystaff member who is a ‘Specialist Officer’ for the respective grant category. The role ofvarious Specialist Officers is to assist the Panels with any technical queries about aproposed initiative. Staff members must not try to influence Panel assessment or fundingrecommendation outcomes.

Conclusion

In accordance with the Community Grants Policy and associated Program Guidelinesadopted by Council on 11 February 2015, Expressions of Interest have been publiclysought for membership of Community Grants Community Assessment Panels across sixgrant categories. The Program Guidelines stipulate that each Panel is to be comprised ofa minimum of three and a maximum of five members, and that Council must appoint thePanel members.

22 different individuals submitted Expressions of Interest with some applicants

expressing interest in multiple Panels. This resulted in 36 Expressions of Interest for amaximum of 30 available positions as the six Panels can each include a maximum of 5members. There is still capacity for a further member on each panel.

21 individuals are recommended, with one applicant deemed unsuitable against thecriteria.

Attachments

1. Confidential – Summary of Expressions of Interest Received by GrantCategory.

2. Confidential – Summary of Expressions of Interest Received by Applicant.




PAGE 90

RECOMMENDATION

That Council, following consideration of all Expressions of Interest received:

1. Thank all applicants for their interest in Community Grants Community Assessment Panel membership.

2. Advise the unsuccessful applicants in writing.

3. Appoint the following people to the respective Community Grants Community Assessment Panels for a maximum three year term:

Active Communities category (seven Expressions of Interest received)1. Anne Prime2. Russel Henthorn

3. Shaun Morgan4. Stuart Craig

Community Arts category (six Expressions of Interest received)1. Dawn Colbourne OAM2. David Collins3. John Willis4. Stephen Turpie

Community Development category (eight Expressions of Interest received)1. Joshua Pell

2. Kathrine Waugh3. Michael Trounson4. Rick Christie

Community Events category (six Expressions of Interest received)1. Bryley Savage2. Geoff Michell3. Murray Poustie4. Dr Penelope Davies

Healthy Communities category (six Expressions of Interest received)1. De Gilby2. Geoff Michell3. Dr Melanie Bish4. Pauline Nolan

Print and Digital Publications category (three Expression of Interest received)1. Dawn Rasmussen2. Kathrine Waugh3. Peter McGregor



Productivity / Sustainability - Reports 91 Ordinary Meeting - 16 December 2015

PAGE 91

4. PRODUCTIVITY

Nil.

5. SUSTAINABILITY

Nil.



Leadership and Good Governance - Reports 92 Ordinary Meeting - 16 December 2015

PAGE 92

6. LEADERSHIP AND GOOD GOVERNANCE

6.1 REVIEW OF THE LOCAL GOVERNMENT ACT 1989


Author Peter Davies, Manager Executive Services

Responsible Craig Niemann, Chief Executive OfficerOfficer

Summary/Purpose

The purpose of this report is to ask Council to adopt the attached draft submission to theLocal Government Act review discussion paper.

Policy Context

Council demonstrates leadership in its decision to meet future needs and challenges.


On August 11 2015, the Minister for Local Government announced a review of the Local

Government Act 1989.

The purpose of the review is to revise the current legislation governing local governmentin Victoria to create a more contemporary, accessible, and easier to understand Act thatmeets the current and future needs of the community and local government sector.

The terms of reference provide for a comprehensive examination that will consider allaspects of the current Act with a view to more accurately and consistently reflectingpolicy intent and improving clarity, including provisions setting out objectives, roles,functions and powers of councils; roles and responsibilities of councillors, mayors, CEOsand council staff; directions about governance and administrative processes required tobe followed by councils; and the system of electoral representation.

To this end, a discussion paper was released to start a conversation between councils,the community and the state government which identifies the key issues that reflect theterms of reference for the review.

Submissions to the review discussion paper were invited and close on December 18

2015.




PAGE 93

Report

On November 12 2015, Councillors gathered for a workshop on the review, the purposeof which was to identify a general position on the key issues distilled from the discussionpaper itself, but also from the issues, questions and concerns raised by the councillorsduring the past 18 months, particularly in governance meetings.

The general position of the councillors has been expressed in the draft submission.

In addition to submissions from the sector, other contributions will be provided to thereview through technical working groups established by Local Government Victoria toidentify and prioritise key issues as identified in the discussion paper and by the group,and provide options for addressing those issues; operational issues raised by chiefexecutive officers in separate correspondence; and community submissions.

Councillors have the opportunity to make individual submissions.

There will be a further opportunity to make a submission to a discussion paper which willbe developed in 2016 on the basis of responses to this discussion paper.


There are no resource implications for Council

Attachments

1. Draft submission to the Local Government Act Review

RECOMMENDATION

That Council-

(1) adopt the attached draft submission to the Local Government Act Review; and

(2) send the submission to the Local Government Act Review Secretariat.




PAGE 94

REVIEW OF THE LOCAL GOVERNMENT ACT 1989

SUBMISSION BY GREATER BENDIGO CITY COUNCIL

INTRODUCTION

The overarching principle

Based firmly on its constitutional status as a distinct and essential tier ofdemocratically elected government1, the overarching principle of the Council’ssubmission is the right of a democratically elected body to make decisionssuitable for and answerable to the community that elects it, with state interventionlimited to extreme circumstances.

To this end, the Council submits that the review of the Local Government Act1989 (“Act”) should ensure that the functions and powers conferred on a councilare given full, practical and consistent expression in the revised provisions, and donot remain theoretically aspirational only.

ROLES AND FUNCTIONS

Role of Council

The Council acknowledges the constitutional framework which legitimises its

existence and purpose as a tier of government responsible for the governance ofthe area designated by its municipal boundaries, and constituted bydemocratically elected councillors as the governing body which is accountable forits decisions and actions, and is responsible for ensuring good governance.2

The Council also acknowledges that this governing body includes anadministration which implements the decisions of the Council and facilitates theperformance of the duties and functions of the Council.3

The Council submits the existing functions of a council identified in Part 1A of the

Act are appropriately broad for the purpose of achieving its objectives in settingthe overall direction for the municipality through long-term planning, and adoptinga strategic view of the future, and the plans and policies to achieve this.

The review may wish to consider the current disparity between larger regionalcouncils and smaller district councils in terms of resources and the provision ofservices, and whether different tiers of local government would provide a moreviable future framework to address this.

1 s.74A(1) Constitution Act 19752 s.74(1A) Constitution Act 1975

3 s.74(1A)(c)(i) and (ii) Constitution Act 1975




PAGE 95

New tiers of local government could have larger regional councils with theresources to provide key facilities and services to a broader region, and smallerdistrict councils, sitting within a larger regional area, continue to provide morelocalised decision-making and representation.

Council submits that a new tier of local government with a regional emphasis mayserve to create a better environment for collaboration between larger regionalcouncils and smaller district councils for the provision of shared services nothitherto available or affordable.

Role of a councillor

The Council agrees with the current role of a councillor as recently amended4.

A councillor is a constituent member of the Council5 which exercises its power

through collective resolution, not individually.

The Council acknowledges that the interface between individual councillors andthe administrative arm is one of support through information and advice to enablea councillor to perform his or her decision-making function in the context offormally constituted meetings of the Council. It is not an executive function whichresides solely with the Chief Executive Officer 6. In this regard, the Councilacknowledges the recent amendment to the Act which specifically delineates thetwo functions7, and the Council submits that revised provisions should also makethe specific delineation to avoid confusion or doubt as to the respective functions.

The Council acknowledges that “the only way it can state its opinion is byresolution”8, and submits that revised provisions could affirm this principle, notwith the view to stymie or contain legitimate debate, but rather support thegovernance role and the unity of the Council after a decision has been made andthereby avoid misunderstanding or confusion as to the opinion of the Council, asopposed to the opinion of an individual. In this regard, the Council agrees with therecent amendment to the Act which states that, in performing the role of acouncillor, a councillor must “provide civic leadership in relation to the exercise ofthe various functions and responsibilities of the Council under [the] Act and other

Acts”9.

Independent of a formally constituted meeting of the Council, a councillor mayadvocate on behalf of a constituent. The Council, however, acknowledges that inexercising the role of councillor, a councillor represents the interests of the local

4 s.65 Local Government Act 1989 specifying the role of a councillor.

5 s.5B(1) Local Government Act 1989

6 s.94A Local Government Act 1989.

7 s.65(3) Local Government Act 1989.

8 Lillydale S.C. v Gainey (1930) V.L.R. 73, at p.80; Gifford, K.H. The Victorian Council Meetings Handbook, The LawBook Company, Melbourne, p.51.9 s.65(2)(c) Local Government Act 1989.




PAGE 96

community as a whole and must consider the diversity of interests and needs ofthe local community,10 not just a portion of it. In this regard, the Council agreeswith the recent amendments to the Act clarifying the role of a councillor andsubmits that the revised provisions should also contain this important distinction.

Role of a mayor

In addition to the current four specified statutory functions of a mayor 11, theCouncil supports the four new functions in the recent amendment to the Act12 toinclude providing guidance to councillors about what is expected of a councillor,acting as the principal spokesperson for the Council, supporting good workingrelations between councillors, and carrying out the civic and ceremonial duties ofthe office of Mayor.

Traditionally, many of the functions of the mayoral office have relied on convention

or the personality of individual incumbents. This situation may lead, in practice, toconfusion and inconsistency as to the relationship between a mayor andcouncillors and a mayor and the administrative arm of the Council. It may alsopotentially lead to conflict and an unreasonable diversion of Council resources.

The recent amendments add further clarity to the function which will serve to addconsistency to the role and avoid misunderstanding or confusion as to itsexercise. The Council submits that revised provisions could specifically affirm themayor is, and remains during the mayoral term, one constituent member of theCouncil as a whole, and that, as a councillor, the role does not include the

performance of any functions that are specified as functions of the Chief ExecutiveOfficer under section 94A of the Act.Election of a Mayor

The Council agrees with the status quo in relation to the election of a mayor: thata mayor be elected by the serving councillors for a term decided by the councillorsin accordance with the current provisions of the Act.

RELATIONSHIP WITH THE STATE

While local government in its current form is a creature of statute, with its distinctstatus defined by Parliament13, this does not mean local government is an arm ofthe State in the same way as a government department is, and councils shouldnot, therefore, be treated as such.

10s.65(1)(b) and (2)(a) Local Government Act 1989.

11 Chair a meeting of a council: s.73(2) Local Government Act 1989; call a special meeting of a council: s.84(1) Local

Government Act 1989; casting (or second) vote: s.90(1)(e) Local Government Act 1989; precedence at all municipal

proceedings within the municipal district: s.73(1) Local Government Act 1989.12

s.73AA Local Government Act 198913

s.74A(1) Constitution Act 1975; Part 2 Local Government Act 1989.




PAGE 97

Although created by statute for a public purpose, councils do not represent theCrown. Councils are separate legal entities charged to ensure the peace, orderand good government of each municipal district.

It is submitted that revised provisions respect the integrity of local government as

a distinct tier of government and give practical expression to the overarchingprinciple that councils be answerable to those who elect it with minimal stategovernment intervention.

To this end, and mindful of practical realities, the Council submits that a newcharter reflect a renegotiated partnership with the state government in accordancewith the role and function of local government intended by the Act.

Revised provisions should regard intervention as a last resort and employprescription only where necessary and not as a matter of course given the direct

relationship between a council and the local community. In this regard, a council isdistinct from other statutory bodies whose public functions are discharged oroverseen by officers appointed or employed by the state.

COUNCIL INCOME

Arguably, local government’s revenue base is contracting due to fiscal constraintsincluding reduced stated and federal funding, the impending rate cap andmandated efficiency savings. Significantly, all of these factors are either externalimpositions or reliance.

In this context, the issue of raising revenue to meet the cost of providing servicesis an important one and in respect of which the status of councils should be takeninto consideration when identifying either alternative or additional income streams.

Council submits that the issue of revenue should be determined by the localcommunity who elect the Council. Applying this principle, a council shoulddetermine its own budget and rates and charges suitable for, and answerable to,the community that elect it. The state should only intervene in extremecircumstances. This is consistent with the overarching principle recognising the

distinct and essential tier of government. It recognises local government in a real,practical and responsible way rather than mere theory, however well-intentioned.

Council acknowledges grants available through the state and federal governmentsto fund services, facilities and programs that align with local, state and nationalstrategies. The level of funding allocated to these grant programs need to reflectcommunity needs. Council accepts its obligation to articulate community prioritiesin seeking funding from various programs.

While the Council does not advocate local government receiving a share of GST,

it does, nevertheless consider it worthwhile revisiting current exemptions whichserve to inhibit or restrict available revenue streams as an alternative. Removing




PAGE 98

the exemption from tax on land used for mining is an example. Another would beremoving the exemption of paying rates for public bodies occupying non-Crownland. Consistent with the overarching principle is the removal of unreasonableimpediments against special charges and allowing councils to set statutory feesbased on cost recovery rather than fixed by the state and applied generally.

COST SHIFTING

In addition to the powers and responsibilities conferred under its own Act, councilsare responsible for functions expected of it under more than 40 other Acts of theVictorian Parliament, including building control, planning, domestic animal control,roads and traffic management, and some public health functions.

The practical consequence of transferring state functions to local government isboth the transfer of cost and responsibility. One follows the other, and the

suggestion that remaining impediments to further transfers be removed meansthis burden will only increase.

While recognising there is no legal impediment to the state transferringresponsibilities to councils under Acts other than the Local Government Act, theCouncil submits that the transfer be accompanied by an appropriate fee by way offunding or an exemption from the imminent rate cap for any rate increase on anongoing basis as needed to offset the shift in cost.

Council submits the consideration and use of a local government impact

statement prior to any transfer of responsibility and cost to local governmentshould be reinforced.

COUNCILLOR CONDUCT

Codifying behaviour

Council submits that, consistent with the principle of upholding the integrity of thisdistinct tier of government, councils should be allowed to draft their respectivecodes of conduct to be adopted by the Council and signed by all councillors. To

impose a standardised code of conduct would serve as another example ofunnecessary prescription and intervention.

Behaviour enforcement

The revised provisions and the role of independent arbiter is supported by theCouncil as it serves to both expedite resolution of matters, currently victim to anunwieldy and protracted process, and also enables the Council itself to deal withthe matter and impose a sanction on the recommendation of the arbiter.




PAGE 99

Penalties

The Council supports the current range of available penalties that could apply fora breach of a code of conduct and submits that directing and completing retrainingmight also be considered a penalty where appropriate. This option may also serve

a practical benefit in addressing aberrant or challenging behaviour, at least in thefirst instance.

Dismissal of a councillor(s)Council submits that the current provisions dealing with councillor misconduct thatmay adversely impact on the ability of a council to function or the health andwellbeing of other councillors or council staff is inadequate and, arguably, unfair interms of addressing the source of the problem where it is identified not to besystemic or widespread but limited to an individual or small group.

Currently, there is no power for the Minister to dismiss a councillor or councillorsidentified as the cause of dysfunction or adverse impact following investigation,there is only power to recommend to the Governor-in-Council that all thecouncillors be suspended14. This may be a disproportionate response to theproblem and unfairly punishes councillors whose behaviour is not questionable orsubject to investigation.

Council acknowledges that a council cannot be dismissed except by an Act ofParliament relating specifically to the Council15. In order to proportionatelyrespond to the aberrant behaviour of an individual councillor or small group of

councillors, Council submits that statutory provision be made for individualcouncillors to be dismissed in circumstances specified by the Act.

Providing for a dismissal mechanism does not violate the overarching principle.Rather, it supports it because it ensures responsible functionality and thecontinuity of a democratically elected body. Intervention through singular removalin these extreme circumstances upholds the integrity of the council as a whole.

The Council acknowledges the recent amendments allowing the Governor-in-Council to stand down a councillor on the recommendation of the Minister 16,

however this standing down is only for the duration of an application to acouncillor conduct panel or VCAT alleging serious misconduct or grossmisconduct. It is a temporary measure, not a fix.

Councillor Conduct PanelsCouncil supports the new provisions relating to the appointment of a PrincipalConduct Panel Registrar with powers to strike-out any applications that arefrivolous or vexatious.

14 s.219(1) Local Government Act 1989

15 s. 74B(2) Constitution Act 197516

s. 36 Local Government Amendment (Improved Governance) Act 2015 (to be proclaimed) which inserts a new

Division 1A in Part 10 of the Local Government Act and s.219AF




PAGE 100

Council submits that conduct panel procedures need to be clarified so thatevidence provided or statements made are done so under oath. It should also beclear that, other than material that is required to be published in the Councilminutes, all documents associated with a panel hearing are confidential.

Council submits that greater clarity should be given to the role of a councillorconduct panel after a decision has been handed down if an application for reviewat VCAT has been filed. There is currently confusion and inconsistency in who areparties to a review and the role of a council, if any.

Conflict of interestThe Council submits the current six pages of overly complicated conflict of interestprovisions are incomprehensible and should be distilled or simplified intosomething more manageable. It is not surprising the Inspectorate has identifiedthese provisions as the highest for investigation for non-compliance.

COUNCILLOR REMUNERATIONCouncil supports the status quo and submits an allowance is an appropriate formof remuneration, although different categories of allowance reflecting the size ofthe municipality and commensurate work load for councillors might be a moreequitable refinement of the current form. Metropolitan and regional city categoriesare two examples.

WARDS, ELECTIONS, VOTING AND COUNTINGThe number of wards for each municipal district should be based on a number of

factors including population, budget, geographic size and the category or type ofcouncil. Council submits that the number set should be determined by the relevantcouncil itself having taken all these factors into consideration. This allows the localcommunity to have ownership over communities of interest and the structure of itsdemocratically elected governing body.

The same principle applies to determining the number of councillors, with amaximum set at perhaps nine.

Similarly, the ideal ward structure should be determined by the relevant council:

that is, whether unsubdivided, single member or multi-member, or wards dividedinto different numbers. Again, this supports local community ownership of itsgoverning structure in accordance with its own needs, rather than having astructure imposed on it. This is a practical recognition of self-determination withminimal intervention or prescription.

Proportional representation

In the case of unsubdivided or multi-member wards, the Council does not supportproportional representation.




PAGE 101

Voting

In regard to voting, the Council supports the status quo: that voting is compulsorywith exemptions for the elderly and non-resident ratepayers.

Entitlement

The Council supports the status quo in regard to the entitlement to vote.

COMMUNITY ENGAGEMENT

Council submits it should be left to each municipality to determine the extent towhich it engages with the community it represents and be answerable for it. Thisis consistent with the principle of minimal prescription in the business ofgoverning. Were a community engagement policy and plan mandated, the Council

submits the content of it should be determined by each municipality in accordancewith its own needs or expectations, and a standard not imposed and prescribed.




PAGE 102

6.2 PROGRESS REPORT: INDEPENDENT REVIEW IMPLEMENTATION


Author Peter Hargreaves, Project Coordinator, Independent ReviewImplementation


Summary/Purpose

The purpose of this report is to provide an update on the Independent Review

Implementation.

Policy Context

Council demonstrates good governance and leadership.

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

Independent Review: Recommendation 1 – Implementation and communication


Council has delivered on its commitment to independently review the City of GreaterBendigo to see what improvements can be made to its operations. In June 2013 Aurecondelivered its final report including 69 recommendations for Council to consider.


On 21 August 2013 Council resolved to adopt in principle the 69 recommendations andthat a Committee of all Councillors supported by the Chief Executive Officer andManager Executive Services be established as the Independent Review ImplementationCommittee.

Council reviewed progress with implementation of the review at its Ordinary Meetings on22 January, 5 March, 16 April, 21 May, 9 July, 20 August, 1 October, 12 November and17 December 2014 and on 21 January, 4 March, 25 March, 15 April, 27 May, 24 June, 5 August 2015 and 4 November.

Summary of progress

Implementation of the Review recommendations has been underway since August 2013.The number of completed recommendations stands at 56. This includes eight of thosenominated by Councillors as their top 10 priorities.




PAGE 103

Work is progressing on 13 recommendations yet to be acknowledged by Council ascompleted. Recommendation 69 (Asset Management System) is recommended forcompletion in this report.

Recommendations still in progress Status1 –Implementation/communication In progress10 –Performance management In progress11 –Consolidation of Council offices Under consideration23 & 24 –Closing the loop on customer enquiries and complaints In progress27 – Asset management plans Advanced29 –Training in use of community engagement toolkit andguidelines

Under consideration

37 –Develop community engagement toolkit In progress46-Community engagement officer resource Under consideration47 –RAP/Cultural Diversity Strategy In progress

56 –Councillors’ research officer Under consideration57 –Review policies and training relating to bullying andharassment

In progress

69 – Asset management system Recommended forcompletion

Report

Comple ted act ions

Council acknowledges a recommendation is ‘completed’ when either: all associated actions have been completed, or where the work is ongoing, when Council is satisfied all initial actions have been

completed and there is a framework in place to ensure future work is undertaken andcompleted in a structured manner, or

where the recommendation has been addressed and Council has responded in adifferent way that better aligns with Council’s objectives.

Recommendation 69 – Asset Management System

Investigate the implementation of a new Asset Management System.

Action

The City currently uses the Conquest Asset Management System for themanagement of its fixed assets. This software is used to assist in the management ofcivil infrastructure and buildings. Functions include asset inspections, details of assetcondition, scheduling of maintenance and determining when assets need to berenewed.

The existing system has been assessed as part of a comprehensive review of theorganisation’s information systems.




PAGE 104

After thorough investigation the City is satisfied with the current system aside fromsome minor improvements to develop it further. These will be implemented as part ofbroader strategy involving improvements to information technology.

In summary this completes the actions associated with this recommendation.

Notable Progress

Progress is noted on the following recommendations:

Recommendation 1 – Implementation and Communication

Create and continually update an implementation strategy and Communications Planto address and action the recommendations of this Review

Action

Council has to date acknowledged completion of 17 recommendations in 2015:

Recommendation 2 Review of staff classificationsRecommendation 5 Waste StrategyRecommendation 6, 15 & 20 Aged and Disability Services ReviewRecommendation 7 & 21 Early Childhood Services ReviewRecommendation 8 Review of City FuturesRecommendation 9 Local Government Performance Monitoring FrameworkRecommendation 13 Review of Statutory Planning’s consultation andmediation process

Recommendation 14 Review of user fees and chargesRecommendation 31 Reducing burden of defined benefits superannuationplan likabilityRecommendation 49 Succession management plan for senior and criticalpositionsRecommendation 50 Survey staff and Councillors on communications and

community engagementRecommendation 55 Continual improvement programRecommendation 67 Councillor mentoring programRecommendation 68 Consolidate Bendigo and Heathcote phone systems

The community has been kept informed of progress through:- Regular reports to Council (8 in 2015) A total of 18 progress bulletins have now been issued (7 in 2015 to date) A community information forum – 3 February 2015 A dedicated, regularly updated page on the Council website Regular media releases.

Recommendation 10 – Performance Management

Implement a performance management:

-Framework-Change management plan; and




PAGE 105

-an information technology software systemwhich is capable of facilitating performance management for all levels of theorganisation (CoGB, Directorate, Business Unit and individuals).

Action

This project has moved into the final stage of implementation. A new employeeperformance and development framework is being implemented. The CEO andDirectors all have plans in place. Work has commenced on managers plans beingput in place by the end of December. The second half of the financial year will focuson establishing plans for all staff with access to computer. Staff without access to acomputer will have paper-based forms created for 2015-16.

Recommendations 23 and 24 – Closing the loop

Adopt and implement an organisation-wide policy and procedure for closing the loop

on customer enquiries and complaints

Develop and mandate a consistent process for logging and tracking enquiries andcomplaints received in Pathway

Action

The Closing the Loop team is continuing to work on initiatives to ensure an improvedresponse to customer enquiries and complaints.

Initiatives include:

Customer Service staff training and the production of a Customer Service DVD ison track for launch in April 2016.

The six month trial of web chat is nearing completion. Webchat offers anothercontact method for the public to communicate with the CoGB - on-line in real timeusing an easily accessed messaging system on the CoGB website. Members ofthe public are able to ‘talk’ with customer support agents in a timely andconvenient way to address enquiries and complaints.

Work is underway to develop a complaints handling policy and review thecomplaints handling procedures.

The first stage of the new Customer Service ‘App’ called Citywatch has beenlaunched providing easy lodging of requests for services via mobile phones andother mobile devices. The App provides an additional method of lodging requestsfor both City customers and City staff.

The implementation of “calling cards” has been finalised. The calling cards areused as a method of closing the loop on requests with customers in appropriatesituations (eg bin maintenance, street tree maintenance).

Nearing finalisation of quarterly performance reports on closing the loop activitiesacross the organisation by directorate to the Executive Management Team so thatfurther opportunity for improvement can be achieved.

Staff reminder on the correct use of voicemail to improve responsiveness to

phone messages.




PAGE 106

Over recent months the organisation has implemented an improvedcommunication regime to better inform both internal and external customers ofoperational matters which may influence response times to some requests forservices, and to better inform residents about Council services. Information iswidely distributed via a number of mediums and has included: Q & A’s for

Mosque, Q & A’s for Greater Bendigo Indoor Aquatic Leisure and WellbeingCentre; Q & A’s Leisure Centre demolition; and general information such asswimming pool opening times; Know your council website; Green wasteweekends; weather warnings and tips for households to prepare for heavyrain/winds; heatwave information; Get prepared, Plan ahead (protecting yourfamily this summer).

A training provider has been appointed to deliver customer service training in thefinal quarter of 2015-16. It has been agreed that all employee performance anddevelopment plans will have customer service KPIs included in them.

A DVD is also being developed to provide employees and volunteers with anoverview of the standard of customer service expected at the City.

Recommendation 27 – Asset Management Plans

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

Action

Work remains on track to complete the plans by 30 June 2016.

Recommendation 29 – Community Engagement Training

Implement training for use of the Community Engagement Guidelines and Toolkit byCouncillors and senior staff to understand appropriate methods of engagement for

various scenarios and the format and desired outcomes of these methods. A reviewof current engagement practices could inform such training by identifying particularareas of strength and/or weakness.

Action

The Community Engagement Guidelines and Toolkit has been reviewed and updatedand a simplified tool is also being developed and will be finalised early in the newyear. Plans are currently being developed to begin staff training in the toolkit inMarch/April 2015.

Initial training will focus on all staff who currently undertake community engagementas part of their job. This will then be extended to staff inductions where new




PAGE 107

employees will be introduced to Council’s key principles and good communityengagement and the guidelines.

Recommendation 37 – Community Engagement Tool

Develop a tool (e.g. checklist) to assist CoGB staff to define the appropriate level ofcommunication and engagement of stakeholders and community for future projects.

Action

A simple tool to assist staff that reflects Council’s key principles of good communityengagement and the policy and guidelines is currently being developed. It is expectedthe tool will be finalised and presented to Councillors early in the new year.

Recommendation 46 – Community Engagement Officer

Recommendation 56 – Councillors’ Research Officer

Explore opportunities to use the services of an in-house Community EngagementOfficer resource.Explore opportunities to create the position of an in-house Councillor ResearchOfficer dedicated to assisting Councillors.

Action

In response to these recommendations from Aurecon, budget cases will be submittedto Council for these positions and will be considered within the extremely tight fiscal

parameters established for the 2016-17 budget.

Recommendation 47 – Reconciliation and Cultural Diversity

Develop a Reconciliation Action Plan and Cultural Diversity Strategy during the 2013-14 financial year.

Action

Both plans are progressing well and on track to meet their milestones.

A draft Reconciliation Action Plan is scheduled to be launched at Reconciliation Week2016 for community consultation, 27th May - 3rd of June. A staff survey andorganisational audit will be undertaken within the next month to explore currentattitudes and the degree to which reconciliation is embedded into the organisation.The first of four community reference group meetings was held on Friday 4thDecember. The Reference Group includes representatives from the two Registered Aboriginal Parties, BDAC, Bendigo Reconciliation Committee, governmentdepartments, Aboriginal elders and Councillors.

The Cultural Diversity and Inclusion Plan (CDIP) involves the development of strong

partnerships with a range of stakeholders across the community to assist in themainstreaming of cultural inclusion. The newly established CDIP Reference Group




PAGE 108

includes representatives from sports, education, corporate, government, culturallydiverse residents, health and community groups.

The CDIP is in the research stage. This involves undertaking focus group discussionand in depth interviews with people from culturally diverse background, organisationalassessments for cultural inclusion and promotion of the Australia@2015 survey whichmeasures social cohesion, including attitudes towards multiculturalism in Bendigo.

Recommendation 57 – Bullying, Discrimination and Harassment Prevention

Review CoGB’s policies and training relating to bullying, discrimination andharassment prevention and how individual training needs are assessed and align to performance and development goals.

Action

As previously reported, the City’s Bullying Prevention Policy and Discrimination andHarassment Policy (previously Respecting Each Other in the Workplace Policy) havebeen reviewed and updated in response to the recommendation. A separate set ofpolicies has also been developed for Councillors and adopted by Council.

A second round of employee training in Workplace Responsibilities took place inNovember. The training included identifying bullying and harassment, how tomanage this behaviour and who to ask for help if you experience or witness thebehaviour.

A total of 812 paid and unpaid staff have now attended the training.


There are no resource issues arising directly from this report. Where recommendationshave resource implications, steps are in place to ensure that any proposed new capital oroperating expenditure arising from the recommendations is considered in the budgetprocess.

Conclusion

The number of completed recommendations stands at 57; progress has been made onnearly all recommendations.




PAGE 109

RECOMMENDATION

That Greater Bendigo City Council:

a) Acknowledge the completion of 69 (Asset Management System) and progress withRecommendations 1 (Implementation and Communication), 10 (PerformanceManagement), 23 & 24 (Closing the Loop), 27 (Asset Management Plans), 29(Community Engagement Training), 37 (Community Engagement Tool), 46Community Engagement Officer), 47 (Reconciliation and Cultural Diversity), 56Councillors’ Research Officer and 57 (Bullying, Discrimination and HarassmentPrevention).

b) Inform the community of this progress.




PAGE 110

6.3 COUNCILLOR SUPPORT POLICY UPDATE




Summary/Purpose

To consider an update to the Councillor Support Policy.

Policy Context

Councillor Support Policy

Council has a Councillor Support Policy as required under the Local Government Act toguide support to Councillors including travel, childcare, training and development,communication, attendance at functions and events etc.

At the present time, the policy and the guidelines from the State Government onlyindicate that there should be reimbursement for travel but there is no indication of what

the rate of reimbursement should be. An administration decision was made many yearsago to pay Councillors at the organisation rate the same as staff.

Local Government Act

It is understood that Councillors will have conflicts of interest to varying degrees inrelation to the level of travel reimbursement. However, the Local Government Actprovides an exemption from conflict of interest when dealing with Councillor allowances.


Reasonable support is required to enable councillors to undertake their role effectively.Councillor allowances have recently been increased by the State Government, asfollows:

Mayor $101,105Councillor $ 31,652

This amount includes a 9.5% allowance for superannuation.




PAGE 111

Recent reporting on the Local Government Performance Reporting Framework (LGPRF)showed that the cost per Councillor at the City of Greater Bendigo ($76,118) is higherthat the State average of $47,565 and also the average of $55,195 for like councils.There are a number of factors that may contribute to this cost which are beyondCouncil’s control, including allowances at the highest level (Category 3), travelreimbursements, having regard for 3000 square km of the municipality and a councillorhaving child care requirements. It appears there may also be different costs included byvarious councils.

The cost per Councillors as part of the LGPRF is calculated from direct operatingexpenses related to the activities of the elected councillors. This includes expenses suchas allowances, training, professional development, conferences and seminars, travel andvehicles, plant hire costs, phones and computer costs, meals, child care, individualmembership and other incidental expenses. In the City of Greater Bendigo costs,utilities, insurance and other costs have been included.

However one area to be considered is the reimbursement of travel rates. Most Councils'reimburse Councillors at the same rate as reimbursements to staff, the rate has beendetermined through enterprise agreement negotiations which involve staff but notCouncillors.

Following the recent Home and Community Care Review (HACC), the City of GreaterBendigo now has two rates for reimbursement of travel, one for HACC and another forother staff and Councillors. The vast majority of reimbursements for travel were forHACC and the cost will be substantially reduced this financial year because of the lowerreimbursement rate. The other staff reimbursed for travel are predominantly theMaternal Child and Health Nurses.


Council last reviewed the Council Support Policy on 9 July 2014.

Report

An analysis of travel costs for the previous financial year was undertaken and themajority relates to HACC, with Councillors being the next highest amount.

Total travel costs for the 2014/2015 financial year

HACC $443,661 (this is expected to reduce by $155,000 in 2015/2016)

Councillors $ 52,737

All other $ 19,462

Total travel $515,860




PAGE 112

Reimbursement rates for City of Greater Bendigo

With recent changes in HACC there are now three reimbursement rates for City ofGreater Bendigo

Bendigo – HACC $0.78 for 4 & 6 cylinder vehicles

Councillors & other $1.27 for 6 cylinder vehicle

$1.04 for 4 cylinder vehicle

Reimbursement rates for other Councils

Details were obtained from a small sample of other Councils and reimbursement ratesvaried from:

$0.97 to $1.16 for 6 cylinder vehicle

$0.80 to $0.95 for 4 cylinder vehicle

One council was already using the Australian Tax Office (ATO) rate

ATO listed rates for 2014/2015




Councillors discussed the cost per Councillor and the travel reimbursement rates at theirGovernance meeting held on 2 December 2015. The general view of Councillors wasthe Councillors could show leadership in containing costs by using the Tax Office rate fortheir travel reimbursement. There was also a view that there should be a uniform rate ofreimbursement for staff and Councillors. The rate for remaining staff on the higher ratewill be considered as part of the next Enterprise Bargaining Agreement negotiations.Based on previous expenditure the reduced rate would result in a savings in the order of$20,000 per annum.

Conclusion

The amount of reimbursement for Councillors is not equal among Councillors as itdepends on the Councillors place of residence, Council commitments, approach to therole and claims. The Australian Tax Office rate for reimbursement is considered areasonable rate for the organisation.

Councillors have shown initiative in expressing a willingness to reduce their rate of travelreimbursements. It is appropriate for Council to formally resolve to amend the Councillor

Support Policy accordingly.




PAGE 113

RECOMMENDATION

That Council amend the Councillor Support Policy to indicate that the rate ofreimbursement for travel be based on the Australian Tax Office rate.




PAGE 114

6.4 ANNUAL REPORT - BENDIGO LIVESTOCK EXCHANGE 2014/15


Author Rachelle Quattrocchi, Manager Works

Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

The purpose of this report is to provide Council and the community with a summary ofrecent achievements by the Bendigo Livestock Exchange and an outline of key

management and policy pursuits guiding the future operation and development of thisvenue/facility.

Policy Context


City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):

Theme: 1 Leadership and Good Governance

Strategic Objective: 1 Council demonstrates leadership in its decisions to meetfuture needs and challenges.

Strategy: 1.1 Good governance principles are used to guide strategicdecision-making.

Independent Review:

Recommendation 18 – Annual reporting of City of Greater Bendigo entities.

Report

The Bendigo Livestock Exchange is a National Saleyard Quality Assurance (NSQA) andEuropean Union (EU) accredited sheep, cattle and pig selling complex which conforms tothe National Saleyard Quality Assurance Program and Occupational Health & SafetyManagement System for saleyards. The Exchange is located just 12 kilometres north ofBendigo at Huntly and is a Quality Accredited facility.

Weekly sheep and cattle and monthly pig sales are conducted throughout the year. TheLivestock Exchange is one of the largest sheep and lamb selling centres in Victoriatransacting a quarter of the states sheep and lambs that go through saleyards. It yardsapproximately one million sheep and lambs, 15,000 cattle and 2,500 pigs annually.




PAGE 115

This throughput represents sales of around $160Million. The sheep, cattle and pig salesat the Bendigo facility generate revenue of around $1.2 Million per year that is used tofund the operation of the yard.

Key achievements or milestones achieved in 2014/15 include:

Weekly prime sheep and lamb, cattle markets, monthly pig sales, and special storesales.

Maintained accreditation for National Saleyard Quality Assurance (NSQA) andEuropean Union (EU) programs.

Participated in Department of Environment, Land, Water and Planning (DELWP) trialfor electronic scanning of sheep and lambs.

Training of Livestock Exchange council staff in animal welfare awareness andeuthanasia\humane killing of farm livestock.

Representation on the National Saleyards Quality Assurance Committee and

Livestock Saleyards of Victoria Executive.

Budget & Actual Revenue and Budget & Actual Expense for the

Bendigo Livestock Exchange

for 2012/13, 2013/14 and 2014/15 financial years

997,682

1,046,8471,071,049

1,046,624

1,193,098 1,204,430

1,117,820

1,158,909 1,147,066

1,144,491

1,218,322 1,202,814

$0

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

$1,400,000

2012-13 2013-14 2014-15

Budget Revenue

Actual Revenue

Budget Expense

Actual Expense




PAGE 116

A total of 1.1 million sheep and lambs were sold through the Livestock Exchange facilityduring 2014/15. This is down by 7% to the throughput figures for 2013/14.

There has been a steady decline in the pig numbers at the sales during 2014/15 and dueto industry demand, the last sale will be in December 2015.

Descript ion Throug hpu t 2014/15

Sheep & Lambs 1,125,568

Cattle 20,761

Pig & Calf 2,268

Sheep and Lamb Throughput Financial Year

Annual figures for 2012/13, 2013/14 and 2014/15

1,119,952

1,205,339

1,125,568

1,060,000

1,080,000

1,100,000

1,120,000

1,140,000

1,160,000

1,180,000

1,200,000

1,220,000

2012/13 2013/14 2014/15




PAGE 117

Current and Emerging Challenges:

The priorities for the 2015/16 financial year for the Bendigo Livestock Exchange are:

Maintain the National Saleyard Quality Assurance (NSQA) and European Union (EU)programs accreditation.

Commitment to staff training and awareness to support the Integrated Quality, OH&Sand Environmental Management System.

Development and improvement to policies and procedures to ensure compliance

with the Integrated Quality, OH&S and Environmental Management System.

Maintain animal welfare standards to ensure that consumers have confidence in thelivestock saleyard industry.

Look at marketing and future growth opportunities for the Bendigo LivestockExchange in light of changing markets.

Look at water saving initiatives and sustainable practices to reduce the cost ofoperations in the day-to-day running of the facility.

Management and Policy Directions:

The Bendigo Livestock Exchange is looking at new technology advancements for theselling of livestock such as electr onic NVD’s and sheep identification, to providetraceability, disease management and access to global markets.

The Bendigo Livestock Exchange maintains animal welfare standards to provide for theethical treatment of livestock whilst at saleyards. The Bendigo Livestock Exchange will

continue to work with authorities and stakeholders to maintain standards and improvemanagement processes.

Risk Management:

The identification and minimisation of risk is an integral part of the quality managementsystem of the Livestock Exchange operations.

The Livestock Exchange is committed to the implementation of the Risk ManagerSystem that promotes OH&S and risk management practices and procedures in allaspects of its operations.


Livestock Exchange Stakeholder meetings were established on the commencement ofthe 2014/15 financial year, this was an initiative of Cr James Williams. The attendee listof key stakeholders include Cr James Williams, representatives from the farmingcommunity, transport sector, Department of Environment, Land, Water and Planning(DELWP) and stock agencies.




PAGE 118

The stakeholder meetings provide a forum where key stakeholders can meet anddiscuss relevant issues related to the operation of the Livestock Exchange. The meetingalso provides a greater opportunity for an open line of communication between thestakeholder groups. These meetings will continue in 2015/16.


This Council-owned facility employs two full-time staff members, two part-time staffmembers and a number of casual employees which equate to 4 full-time equivalent staffon an annual basis.

Full-time: 2Part-time:Casual:

22

FTE: 4

Attachments

Nil

RECOMMENDATION

That Greater Bendigo City Council acknowledge the performance of the BendigoLivestock Exchange in 2014/15.




PAGE 119

6.5 ANNUAL REPORT - WORKS UNIT 2014/15


Author Rachelle Quattrocchi, Manager Works

Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

The purpose of this report is to provide Council with an overview of the performance ofthe Works Unit during the 2014/15 financial year.

Policy Context


City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):

Theme: 1 Leadership and Good Governance

Strategic Objective: 1 Council demonstrates leadership in its decisions to meetfuture needs and challenges.

Strategy: 1.1 Good governance principles are used to guide strategicdecision-making.


At the 28 May 2014 meeting Council resolved that annual reports be provided by theWorks Unit.

Report

The Works Unit sits within the Presentation and Assets Directorate and is responsible forthe construction and maintenance of civil infrastructure by the City of Greater Bendigo.

The construction and maintenance teams undertake the construction and maintenanceof the City’s roads, drains and footpaths. The construction team also undertakes theconstruction of sporting facilities, car parks and other civil projects.

The Works Unit is responsible for delivery of maintenance works in accordance with theCapital Works Program and Road Management Plan.

The Works Unit is also responsible for the Bendigo Livestock Exchange, however as per

Council’s resolution, this business is reported separately.




PAGE 120

A total of 124 Capex projects totalling approximately $13M were delivered for the2014/15 financial year by the Works Unit.

The total number of projects delivered by the Works Unit included the followingsignificant projects:

Bendigo East Link Road Project (completion of the third stage). Other Major Road Construction projects including Olympic Parade, Taylor Street,

Bendigo Botanical Gardens Entrance Road and Panton Street.

Eaglehawk Landfill Cell 5 construction.

Major Drainage projects including Osborne/Friswell Streets, Abel Street, NapierStreet and Lockington Road.

Various Black Spot and Roads to Recovery funded projects.

Landscaping works to complement the Ulumbarra Theatre project.

Completion of the redevelopment of Mitchell Street between Pall Mall and QueenStreet.

The annual program for maintenance of footpaths, unsealed and sealed roads wasdelivered during 2014/15. Some of the works delivered as part of this program includedthe following:

$2.5M re-sheet program improving the condition on approximately 85km of unsealedroads and shoulders.

Maintenance works in accordance with the intervention levels of Council's RoadManagement Plan.

Footpath repair works of paving within the CBD of Bendigo.

Works in collaboration with the Sustainable Environment Unit to manage roadsidevegetation in accordance with legal requirements.

Drainage repair works and clearing of table drains.

Road patching and programmed repair works for sealed roads.

Treatment of mineshafts that opened up on Council owned land.

Response to emergencies and urgent repair works.

The maintenance area of the Works Unit also delivers day-to-day maintenance activitiesand responds to customer requests.

A total of 4,267 customer requests were received for maintenance works during the2014/15 financial year. 79% of these requests were responded to within 9 days.

In addition to responding to customer requests, the maintenance area of the Works Unitco-ordinates work in response to commitments in Council’s Road Management Plan.During 2014/15, the total number of footpath defects above the intervention level of25mm was reduced from 1,570 to 420. Proactive works were also completed on steps

below 25mm in footpaths that could potentially end up as defects. This has resulted in areduction to the number of these from approximately 5,000 to 2,000.




PAGE 121

Financial Performance for the year ended 30 June 2015:

A summary of the Works Unit operational budget for 2012/13, 2013/14 and 2014/15financial years (as shown below) provides an overview of the financial performance ofthe Works Unit over the last three years.

Financial Performance for the Works Unit

2012/13, 2013/14 & 2014/15 financial years

In the 2014/15 financial year, the operational budget was delivered with a variance to theoriginal budget amount. The unfavourable result was due to additional contract servicesfor water supply for grading, due to drought-like conditions and emergency works fordrainage and events.

Current and Emerging Challenges:

The current and emerging challenges for the Works Unit for the 2015/16 financial yearinclude the following:

Co-ordinate maintenance works required under the Road Management Plan andcontinue proactive works to further reduce Council’s legal risks while keeping withinallocated budgets.

Find reliable sources of water at cost effective locations to continue maintainingCouncils 1,400km of gravel roads to an appropriate standard.

Provide training and development opportunities for staff to increase skill level forefficient delivery of construction and maintenance activities and provide career pathsfor staff.

$9,534,430$9,702,910

$10,413,931

$9,274,665 $9,279,332

$11,116,817

$8,000,000

$8,500,000

$9,000,000

$9,500,000

$10,000,000

$10,500,000

$11,000,000

$11,500,000

2012/13 2013/14 2014/15

Budget

Actual




PAGE 122

Ongoing review of allocation of resources, plant, equipment and contractors toensure efficient delivery of maintenance works.

Invest time to strengthen partnerships with other business units within theorganisation to ensure continuous improvement of service delivery.

Continue making improvements to communication with the community whenplanning and undertaking construction and maintenance works.

Management and Policy Directions:

The Works Unit is looking at improving service delivery processes to ensure that allcustomer requests are followed up in a timely manner and properly closed out withcustomers.

The Works Unit introduced calling cards during 2014/15 to advise customers of worksthat had occurred in their neighbourhood. This initiative has particularly improved

communication to residents about maintenance works that are not always visible whenthey have occurred. Such an approach will continue in 2015/16 and opportunities toexpand on this will be considered.

Risk Management:

The identification and minimisation of risk is a critical part of the Presentation and AssetsDirectorate Integrated Management System within which the Works Unit operates. Thisincludes risk management procedures and work instructions covering all aspects of theWorks Unit operations.

The Works Unit has also had a significant role in the implementation of the incidentreporting framework that has recently been rolled out across the organisation.

The Integrated Management System (IMS) includes OHS (AS/NZS 4801), Quality (ISO9001) and Environmental Management (ISO 14001). The Works Unit plays a strong rolein maintaining this accreditation through:

Commitment and involvement in the ‘management review’ processes required by the

Australian Standards.

Commitment to staff training in the Integrated Management System and technical

skills development to perform their roles efficiently, safely and effectively. Ongoing development and improvement to policies and procedures relevant to the

Works Unit.

Ongoing auditing of staff to ensure compliance with adopted processes.




PAGE 123


The Works Unit employs a total of 80 FTE:

Full-time 69Part-time 4Temporary 3Casual 7FTE 80

Attachments

Nil.

RECOMMENDATION

That Greater Bendigo City Council acknowledge the performance of the Works Unit in2014/15.




PAGE 124

6.6 RECORD OF ASSEMBLIES




Summary/Purpose

The purpose of this report is to provide the record of any assembly of Councillors, whichhas been held since the last Council Meeting, so that it can be recorded in the Minutes of

the formal Council Meeting.

Policy Context

Strong leadership to meet future needs and challenges; effective communityengagement.


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 bethe subject of a Council decision, or, the exercise of a Council delegation and themeeting is:

1. A planned or scheduled meeting that includes at least half the Councillors (5) and amember of Council staff; or

2. an advisory committee of the Council where one or more Councillors are present.

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




PAGE 125

Report

Meet ing Inform at ion Meeting

Name/Type

Councillors' Forum

Meeting Date 11 November 2015Matters discussed 1. Presentation by the Youth Action Group

2. Presentation on Heathcote Flood Study3. Presentation by Brookfield Energy4. Draft Domestic Animal Management Plan5. Recreation contributions6. Pop-up bars7. Malone Park8. Audio system9. Impact of dams in rural areas

10. Chum Street traffic11. Kangaroo Flat Leisure Centre12. Phoenix FM broadcast13. Commercial-in-confidence proposals14. Letters for Councillor comment15. Planning permits under delegation16. Onsite visits to development sites17. Support for DELWP Committees of Management18. Rural counselling service19. Kangaroos20. Hopley Demolitions21. MAV WorkCover Self-Insurance22. Greening Bendigo Project23. Economic Development Strategy Implementation Plans24. Code of Conduct25. Marong Business Park26. Mosque Supreme Court challenge

Attendees/Apologies Councillors Cr Peter Cox

Cr Rod Campbell

Cr Elise ChapmanCr Rod FyffeCr Helen LeachCr Barry LyonsCr Lisa RuffellCr James WilliamsLeave of Absence: Cr Mark Weragoda

Staff/CommunityRepresentatives

Mr Craig NiemannMr Darren FuzzardMs Kerryn Ellis

Mr Stan LiacosMs Prue Mansfield




PAGE 126

Ms Pauline GordonMr Peter DaviesMrs Alison Campbell

Conf l ict of Interest disclos ures

MatterNo. Councillor/officer making disclosure Councillor/officer leftmeeting25. Cr Chapman Yes

Meet ing Inform at ion MeetingName/Type

Councillors' Forum

Meeting Date 18 November 2015Matters discussed 1. Aspire Foundation update

2. Planning matters and draft Ordinary Agenda review3. Peppercorn Park

4. Community Satisfaction Survey5. Walk to School grant6. Permit at Woodvale7. Rosalind Park Reference Group8. Cathedral crown land9. Reports for delegated panel process10. Signage: CBD11. Organic waste12. Waste to energy13. Career Horizons14. Bendigo Flood Mitigation Community Reference Group

15. Letter to Communications Minister16. Arrangements for the next Council Meeting17. Capital Evaluation Framework18. 2014/2015 Capital and Major Works Performance Review


Cr Rod CampbellCr Elise ChapmanCr Rod Fyffe

Cr Helen LeachCr Barry LyonsCr James WilliamsApology: Cr Lisa RuffellLeave of Absence: Cr Mark Weragoda

Staff/CommunityRepresentatives

Mr Stan LiacosMr Darren FuzzardMs Kerryn EllisMs Prue Mansfield

Ms Pauline GordonMr Peter DaviesMrs Alison Campbell




PAGE 127

Apology: Mr Craig Niemann


Matter

No.

Councillor/officer making disclosure Councillor/officer left

meetingNil


Finance Committee Meeting

Meeting Date 18 November 2015Matters discussed 1. Previous Minutes

2. QEO lighting3. Ned: The Musical4. Peppercorn Park

5. Carry Forward Projects6. Victoria Street drainage7. Peter Krenz Leisure Centre8. Financial Management Report9. Capital and Major Works Report10. Capital and Major Works net variances


Cr Rod CampbellCr Elise ChapmanCr Rod FyffeCr Helen LeachCr Barry LyonsCr James WilliamsApology: Cr Lisa RuffellLeave of Absence: Cr Mark Weragoda

Staff/Community

Representatives

Mr Stan LiacosMr Darren Fuzzard

Ms Kerryn EllisMs Prue MansfieldMs Pauline GordonMr Peter DaviesMrs Alison CampbellApology: Mr Craig Niemann


MatterNo.

Councillor/officer making disclosure Councillor/officer leftmeeting

Nil




PAGE 128


Audit Committee

Meeting Date 19 November 2015Matters discussed 1. Insurance Liability and Professional Indemnity Policies

2. 2015-16 Draft Strategic Internal Audit Plan3. Internal Audit - Fee Waivers, Write-Offs and Discounts4. Follow-up on previous Internal Audit recommendations -

June 20155. Draft Cash Handling Policy6. Risk update7. Risk Management Framework8. LGPRF update9. Review of Audit Charter10. Audit Committee Performance Review

Attendees/Apologies Councillors Cr Barry Lyons

Cr Rod CampbellStaff/CommunityRepresentatives

Ms Kerryn EllisMr Travis HarlingMr Bruce DuncanMr John SalterMs Natalie JohnsonMs Toni Lyon/Mr Ken BelfrageMs Kate Scarce

Mr Graham BastianMr Andrew ZavitsanosMr Phil Delahunty


MatterNo.


Nil




PAGE 129

Meeting Inform at ion MeetingName/Type

Consultation meeting

Meeting Date 1 September 2015

Matters discussed Planning application DS/353/2015142 Ryalls Lane, STRATHFIELDSAYE 35512 lot subdivision of land

Attendees/Apologies Councillors Cr Helen LeachStaff/CommunityRepresentatives

Liz Commadeur ApplicantObjectors


MatterNo.


Nil



Meeting Date 10 September 2015Matters discussed Planning application DS/466/2015

96 Mackenzie Street West, GOLDEN SQUARE 3555

Two lot subdivision and alteration of access RDZ1

Attendees/Apologies Councillors Cr Rod Fyffe

Cr Barry LyonsStaff/CommunityRepresentatives



Matter

No.


meetingNil




PAGE 130

Meeting Inform at ion MeetingName/Type



Matters discussed Planning application DS/505/2015485 Tannery Lane, STRATHFIELDSAYE 35512 Lot subdivision




MatterNo.


Nil



Meeting Date 7 September 2015Matters discussed Planning application DI/319/2015

59-95 Bannister Street, NORTH BENDIGO 3550

Building and works associated with milk product manufactureand reduction in car parking requirement

Attendees/Apologies Councillors Cr James Williams

Cr Peter CoxStaff/CommunityRepresentatives

Chris Duckett ApplicantObjectors


MatterNo.


Nil




PAGE 131




Matters discussed Planning application DR/240/201554A Myers Street, BENDIGO 3550Construction of dwelling and front fence



Bryce Kilian ApplicantObjectors

Conf l ict of Interest disclos uresMatterNo.


Nil



Meeting Date 29 September 2015Matters discussed Planning application DSD/176/2014

1-3 Bannerman Street, BENDIGO 3550Subdivision of land into 4 lots (in stages), demolition ofoutbuildings, partial demolition and extension to existingdwellings and construction of 2 dwellings (single storey)

Attendees/Apologies Councillors Cr James WilliamsStaff/CommunityRepresentatives

Chris Duckett ApplicantObjectors



Nil




PAGE 132



Meeting Date 27 October 2015

Matters discussed Planning application DR/595/201537 Rowan Street, BENDIGO 3550Use of land for student accommodation, construction ofenclosed stairs and waiver of car parking



Kahlia Reid ApplicantObjectors


MatterNo.


Nil



Meeting Date 30 October 2015

Matters discussed Planning application DS/621/2015128 Rohs Road, EAST BENDIGO 35502 lot subdivision of land and creation of access to a road in aRoad Zone 1

Attendees/Apologies Councillors Cr Peter CoxStaff/CommunityRepresentatives

Lachlan ForsythPeter Brasier ApplicantObjectors


MatterNo.


Nil




PAGE 133



Meeting Date 9 November 2015

Matters discussed Planning application DS/511/2015Lot A Lynch Lane and CA 6Z Taig Road, AXEDALE 35519 Lot subdivision and removal of native vegetation in roadreserve


Simon Francis ApplicantObjectors



Nil



Meeting Date 19 November 2015Matters discussed Planning application DS/694/2015

24 Archer Street, KANGAROO FLAT 3555Two lot subdivision

Attendees/Apologies Councillors Cr Elise ChapmanStaff/CommunityRepresentatives



Matter

No.


meetingNil




PAGE 134



Meeting Date 19 November 2015

Matters discussed Planning application DS/653/201542 Milroy Street, BENDIGO 3550Construct second dwelling on a lot, subdivide land into 2 lotsand retrospective construction of car port and partial frontfence demolition


Cr James WilliamsStaff/Community

Representatives

Lachlan Forsyth Applicant

Objectors


MatterNo.


Nil



Meeting Date 26 November 2015Matters discussed Planning application DS/712/2015

1 Arlington Court, MAIDEN GULLY 3551Subdivide land into 2 lots

Attendees/Apologies Councillors Cr Barry LyonsStaff/CommunityRepresentatives

Liz CommadeurNic Butler ApplicantObjectors


MatterNo.


Nil

RECOMMENDATION

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




PAGE 135

6.7 CONTRACTS AWARDED UNDER DELEGATION


Author Leeanne Taig, Contract Support Administrator, Contract & ProjectCoordination Unit

Responsible Kerryn Ellis, Director Organisation SupportDirector

Summary/Purpose

The purpose of this report is to provide information on contracts recently awarded under

delegation.

Policy Context

Delivery of programs, projects and services that respond to community needs.

Report

Contract No Project Successful ContractorValue

(GST Excl)Delegated

OfficerDate Signed

Capital Contracts

CT000214 Forest Resource Salvage Tasmanian Timbers 259,000.00 Stan Liacos12November2015

CT000232WWCM Landscape &Irrigation

Groundswell Australia 266,028.30 Stan Liacos09November2015

CT000203Repairs to Wilsons RoadBridge Leichardt

Victorian Green WorkPty Ltd

388,214.63 Darren Fuzzard16November2015

Service Contracts

CT000219

Provision of Pond &Fountain Maintenance

RSP EnvironmentalServices

Hickmans Supasuk

Schedule ofRates

Darren Fuzzard24 November2015

Current annual Council Budget for the goods/services contracted via this schedule of rates is$80,000.00

CT000216Provision of CleaningServices to Libraries &

Archive Centres

Ausbright FacilitiesManagement

Schedule ofRates

PrueMansfield

26 November2015

Current annual Council Budget for the goods/services contracted via this schedule of rates is$85,000.00




PAGE 136

RECOMMENDATION

That the contracts awarded under delegation, as outlined in this report, be acknowledgedby Council.



137 Ordinary Meeting - 16 December 2015

PAGE 137

7. URGENT BUSINESS

Nil.




PAGE 138

8. NOTICES OF MOTION

8.1 NOTICE OF MOTION: FUTURE USE OF FORMER WHITE HILLSLANDFILL SITE

CR ELISE CHAPMAN

1. That the Economic Development Unit prepare a report by the 31 March 2016 onlong-term future uses of the former White Hills Landfill site.

2. That Councillors will make a decision on the long-term future use of the site by 30 April 2016.

Officer Comment (Darren Fuzzard, Director Presentation and Assets):

The former White Hills Landfill is subject to an EPA Pollution Abatement Notice (PAN)that was issued on 28 July 2015.

In accordance with the PAN the City, through Russell Kennedy Lawyers, submitted to

EPA a detailed report on the condition of the existing Landfill Cap on 30 November 2015.

The EPA has not yet provided comment on the submitted report.

The PAN however still requires the submission of:-

A hydrological risk assessment A landfill gas risk assessment A plan to manage any negative risks that result from those assessments.

This information must be submitted to EPA by 31 May 2016. These reports will again beprepared through Russell Kennedy Lawyers and will occur following the final rounds ofseasonal testing necessary to meet the requirements of the EPA-approved auditor.

It is strongly recommended that any consideration of potential redevelopment/use of thesite not occur before this process is completed and a response received from the EPAregarding the consequent status of the PAN.




9. COUNCILLORS' REPORTS

10. MAYOR'S REPORT

11. CHIEF EXECUTIVE OFFICER'S REPORT

12. CONFIDENTIAL (SECTION 89) REPORTS

12.1 Confidential Report in accordance with Section 89(2)(e) of the LocalGovernment Act 1989, relating to a proposed development.

RECOMMENDATION

That the meeting be closed to the public to consider a report in accordance with Section89(2)(e) of the Local Government 1989, as amended, relating to a proposeddevelopment.