20140305 council agenda 5 march 2014

AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 5 March, 2014

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

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 26 March, 2014

Bendigo 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/

Council Vision

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

Council Purpose and Values Councillors have made a commitment in their Code of Conduct to working and leading together in:

Making informed, balanced and objective decisions

Acting honestly

Taking responsible financial decisions

Ensuring good governance

Being inclusive in their activities and sharing information with others

Learning from each other

Respecting each other's undertakings

Being respectful in their interactions with others

Communicating clearly about decisions that have been made

Fulfilling their undertakings and being clear when this is not possible

Working positively with the media to ensure community members are provided with accurate information

Themes Planning for Growth

Liveability

Productivity

Sustainability

Good Governance and Decision-Making

ORDINARY MEETING

WEDNESDAY 5 MARCH 2014

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

CODE OF CONDUCT 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

CR LEACH’S REPORT 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 9

2. PLANNING FOR GROWTH 10

2.1 Planning Scheme Amendment C160 - McIvor Forest Drive,

Junortoun - Consider Panel Report and Adoption of

Amendment

10

2.2 1161 Calder Alternative Highway, Lockwood - Use and

Development of Trade Supplies and Industry (Sale, Hire,

Modification and Reconditioning of Equipment),

Associated Buildings and Works, Signage, Car Parking

and Removal of Native Vegetation

21

2.3 52-54 Eaglehawk Road, Ironbark - Demolition of Building

and Outbuildings

36

2.4 28 Skene Street, Kennington - 3 Lot Subdivision of Land

and Construction of 2 Dwellings

44

2.5 20 High Street, Marong - Use and Development of Land for

a Service Station with an Above-Ground Diesel Tank and

Creation of a New Access to a Road Zone 1

62

2.6 Bendigo Airport - Improving Its Financial Sustainability 72

3.

LIVEABILITY 81

3.1 Response To Petition: Wolstencroft Reserve 81

3.2 2013 Garage Sale Trail - Evaluation 84

3.3 Council Plan 2013-2017 Second Quarter Report To

December 2013

88

4. PRODUCTIVITY 95

5. SUSTAINABILITY 96

5.1 Trial Closure Of One Tree Hill Road, Spring Gully 96

6. GOOD GOVERNANCE AND DECISION-MAKING 99

6.1 Councillor Conduct Panel Decision 99

6.2 A Response To Recommendations of a Councillor

Conduct Panel

101

6.3 Progress Report Independent Review Implementation 113

6.4 Finance Report as at 31 December 2013 and Mid-Year

Budget Review 2013-2014

131

6.5 Contracts Awarded Under Delegation 141

6.6 Record of Assemblies 143

7. URGENT BUSINESS 152

8. NOTICES OF MOTION 153

8.1 NOTICE OF MOTION: POSITIVE AGEING 153

9. COUNCILLORS' REPORTS 155

10. MAYOR'S REPORT 155

11. CHIEF EXECUTIVE OFFICER'S REPORT 155

12. CONFIDENTIAL (SECTION 89) REPORTS 155

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 05 March 2014

PAGE 5

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

CODE OF CONDUCT

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

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

PUBLIC QUESTION TIME

Public Question Time Guidelines Public Question Time – Purpose Council has provided the opportunity for members of the public to ask questions of broad interest to Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through its Customer Request System. By the time planning matters have reached the council agenda, they have been through an extensive process as required by the Planning and Environment Act. In addition, in most instances mediation has been held between the parties involved. Throughout the process there are many opportunities for the people to ask questions. Therefore, no questions relating to planning matters on the Agenda will be accepted. Public Question Time – Where, When And Who The public question time is held at every Ordinary Meeting of Greater Bendigo City Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo. The public question time is held at the start of the meeting as close as practical to 6:00pm. A maximum of 30 minutes has been provided for registered and unregistered questions. Residents are encouraged to lodge questions in advance so that a more complete response can be provided. Questions will be put to the Council by the individual posing the question; the question will be answered by the Mayor or CEO, or where appropriate, Councillors or Council Officers.


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Acceptance of Questions Each person asking a question of Council is required to stand, state their name, and address the Mayor. Public Question Time is not an opportunity for making of statements or other comments. Council’s Meeting Procedure Local Law does not allow for other questions or comments during the remainder of the meeting. 1. An individual may only ask one question per meeting, a follow-up question may be

permitted at the discretion of the Mayor. 2. In the event that the same or similar question is raised by more than one person, an

answer may be given as a combined response. 3. In the event that time does not permit all questions registered to be answered,

questions will be answered in writing or referred to the next meeting if appropriate. 4. The Mayor and or CEO have the right to decline registration on basis of:

Prosecution, summonses or any other litigation;

Most appropriately addressed by other means;

Vague, irrelevant, insulting or improper, defamatory;

Answer likely to compromise his / her position;

Confidential, commercial-in-confidence. 5. Each individual whose registration form has been accepted or declined will be

advised by the Friday of the week prior to the scheduled meeting. 6. In the event of a registration form being declined the registration form will be

circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR LEACH’S REPORT


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DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.


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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Council held on Wednesday 12 February, 2014. The following items were considered at the Ordinary Council meeting held on Wednesday 12 February, 2014 at 6:00pm.

Petition: Tree in Mandurang Road, Spring Gully

Planning Scheme Amendment C204 – Fortuna Consideration of Submissions

Adoption of Planning Scheme Amendment C175 and Planning Permit for Airport Redevelopment – Authorisation Request

Adoption of Planning Scheme Amendment C195 – Ham and Allingham Streets, Golden Square Following Panel

Planning Scheme Amendment C175 and Planning Permit for Airport Redevelopment – Authorisation Request

153-163 Lockwood Road, Kangaroo Flat – Staged Subdivision of Land into 45 Lots, the Removal of Native Vegetation and Alterations to a Road Zone Category 1 (Lockwood Road)

21 Plumridge Street, White Hills – Subdivision of the Land into 17 Lots

Road Reserve outside 41 Edwards Road, Jackass Flat – Removal of Native Vegetation

90 Mundy Street, Kennington – Demolition of Existing Dwelling and Construction of New Single Storey Dwelling

Response to Joint Letter: Proposed Development at 24 Bannerman Street, Bendigo

Response to Petition re: Condition of Drain Adjacent Rosedale Village in High Street, Kangaroo Flat

Economic and Social Impact Submission to the Victorian Commission on Gambling Regulation: The Shamrock Hotel

Naming of Bendigo’s New Community Theatre

Sale of Council Owned Land – 24-26 Pall Mall, Bendigo (Former Bendigo Mining Exchange)

Record of Assemblies

Audit Charter

Section 89 Report: Contractual Matter The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 12 February, 2014, as circulated, be taken as read and confirmed.


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1. PETITIONS AND JOINT LETTERS

Nil.

Planning for Growth – Reports Ordinary Meeting - 05 March 2014

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2. PLANNING FOR GROWTH

2.1 PLANNING SCHEME AMENDMENT C160 - MCIVOR FOREST DRIVE, JUNORTOUN - CONSIDER PANEL REPORT AND ADOPTION OF AMENDMENT

Document Information

Author Shannon Rosewarne, Senior Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Amendment details: Rezone land known as Lot S PS645134 and 8-11 Duncan Court, Junortoun and parts of Duncan Court and McIvor Forest Drive road reserves from Low Density Residential Zone to General Residential Zone. Rezone three Council owned reserves from General Residential Zone and Low Density Residential Zone to Public Park and Recreation Zone and remove Schedule 4 of the Development Plan Overlay from the above land.

The planning permit application affects Lot S PS645134 and 9-12 Duncan Court, Junortoun and proposes a 36 lot subdivision and the removal of a restrictive covenant from 12 Duncan Court.

Proponent: McIvor Forest Pty Ltd

No. of submissions: 13, with 5 referred to Panel

Key issues: Efficient use of land for conventional residential development within an existing urban area

Neighbourhood character and density

Traffic and car parking

Vegetation protection and impacts on fauna

Devaluation of property

Inclusion of other land within the amendment

Changes to the amendment recommended by the Panel

Introduction of new residential zones

Recommendation: That Council adopt Amendment 160 to the Greater Bendigo Planning Scheme, with changes as recommended by the Panel, and request Approval from the Minister for Planning.


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Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2013)

Planning for Growth

Our quality of life is maintained as our City's population and economy grows.

Productivity

A diverse, strong and growing economy supports community resilience.

Background Information

At the time the Victoria Planning Provisions were introduced in 2000, the zoning was applied to the affected land to reflect the layout of a proposed cluster development. The Residential 1 Zone was applied over the area proposed for conventional sized allotments and Low Density Residential Zone over the larger residential lots. The unusual zone boundary that currently exists follows the alignment of the road originally proposed for that development. The Development Plan Overlay 4 was also introduced over the Low Density Residential Zone land. The proposed cluster development did not proceed and the land has since been developed along a more conventional subdivision layout. The proponent wishes to undertake more conventional subdivision, and the amendment will allow the land to be subdivided into smaller lots. Initially this Amendment sought to rezone land zoned Low Density Residential Zone to Residential 1 Zone, however new residential zones were introduced last year. It is necessary to change the proposed Residential 1 Zone to General Residential Zone in this amendment also. The amendment will also rezone three Council owned reserves to Public Park and Recreation Zone, a more appropriate zone which reflects the public use of the land and remove the DPO4, as a development plan is not required for this land. The key steps in the amendment process are summarised below:


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Previous Council Decisions 11 September 2013 – Council resolved to request the Minister for Planning to appoint an Independent Panel to consider the 5 opposing submissions. 27 March 2013 – Council resolved to request the Minister for Planning to authorise Council to prepare Amendment C160 and exhibit the amendment for one month.

Report

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

Send to Minister for Approval and Gazettal

We are at this point Council decides to Adopt or Abandon the Amendment

Council requests an Independent Panel to consider submissions

Submissions received

Public Exhibition of Amendment

Council decides whether to seek Ministerial Authorisation

Amendment prepared


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Land affected by the Amendment

Figure 1: Map identifying the land to be rezoned

Figure 2: Aerial of site showing area proposed for subdivision


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Figure 3: Aerial of area showing pattern of subdivision

The subject land is located south of Trotting Terrace and to the east of Cassinia Drive. Lot S is a ‘superlot’ created as part of the McIvor Forest Estate. The land is relatively flat with a number of scattered trees throughout. Only the northern portion of this property is affected by the amendment. Most of this property is already zoned General Residential Zone, except for the odd shaped area in the north zoned Low Density Residential. Lot 92 (8 Duncan Court) contains a dwelling and is predominantly zoned General Residential Zone with the north west corner of the property falling within the Low Density Residential Zone. Lot 93 (9-10 Duncan Court) and Lot 94 (11 Duncan Court) are vacant and are predominantly zoned Low Density Residential with small sections along their eastern boundaries zoned General Residential Zone. The property known as 1 McIvor Forest Drive comprises three freehold parcels owned by Council. This land contains high voltage overhead powerlines and it is encumbered by an Electricity Transmission Easement. This property also has dual zoning. A Planning Permit (DS/539/2012) was issued for subdivision of the two lots immediately south of Lot S last year. These lots are in separate ownership to the land subject to this amendment. To the east, conventional residential development exists, while to the north and west of the site there are low density residential allotments, most of which contain dwellings. Further to the west, opposite the adjacent low density residential area is the Greater Bendigo National Park.


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What the Amendment Does The Amendment proposes to:

Rezone the following land from Low Density Residential Zone (LDRZ) to General Residential Zone (GRZ).

o Lot S PS645134

o Lot 92 PS539711 (8 Duncan Court, Junortoun)

o Lot 93 PS539711 (9-10 Duncan Court, Junortoun)

o Lot 94 PS539711 (11 Duncan Court, Junortoun)

o Part of the road reserve in Duncan Court and McIvor Forest Drive

Rezone the following land from General Residential Zone (GRZ) and Low Density Residential Zone (LDRZ) to Public Park and Recreation Zone (PPRZ).

o RES 1 CS1241

o RES 2 CS1241

o RES 1 PS527974

Remove Schedule 4 of the Development Plan Overlay (DPO4) from the above land, except RES 2 CS1241.

The planning permit application affects Lot S PS645134, 9-10 Duncan Court, 11 Duncan Court and 12 Duncan Court, Junortoun. The planning permit application proposes a 36 lot subdivision of these parcels of land and the removal of a restrictive covenant from Lot 95 PS539711, 12 Duncan Court, which currently prevents further subdivision and restricts the number of dwellings on this lot. The proposed lots will range from 628 to 1,455 square metres.

Consultation/Communication

Exhibition Procedures The Amendment was exhibited for one month from 4 July to 5 August 2013Notice was provided in the following manner:

Individual notices to 93 owners and occupiers of land affected 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 3 July 2013 and 6 July

2013.Publication of the notice of the Amendment in the Government Gazette on 5 August

2013. On the City of Greater Bendigo website. Submissions 13 submissions were received during the exhibition period. Six submissions from referral authorities had no objection to the amendment, while seven opposing submissions were from landowners. Consultation was undertaken with some of the opposing submitters and two submissions were able to be resolved.


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The key issues raised by the submitters included: Traffic impacts Change to the character of the area Amenity impacts Impacts on flora and fauna Financial impacts including devaluation of property Whether other nearby land zoned Low Density Residential Zone should be included

in the Amendment.

All submitters will be notified of Council’s decision resulting from this report. The Panel Hearing The Minister for Planning appointed an Independent Panel to consider the Amendment. The Hearing was held on 28 November 2013. The Panel has considered all written and oral submissions and material presented to it in connection with the Amendment. The Panel Report and Recommendations The Panel Report was received on 18 December 2013 and contained 5 recommendations, which are set out in Table 1 of this report. In summary, the Panel has supported Council’s position in majority. Under Section 26 of the Planning and Environment Act 1987, the Panel Report was automatically released to the public on 16 January 2014, 28 days following its receipt. In summary, the Panel has supported the Amendment subject to minor changes to the Amendment. Key Issues The Panel made comment about the following key issues: Appropriate development for the subject site In broad planning terms and in terms of the character of the area, the Panel concludes that the proposed rezoning is appropriate. Excessive traffic generated by the proposed development The Panel draws the following conclusions:

The proposed street network in the area has the capacity to cater for proposed traffic increases generated by development on both the subject site and in the broader McIvor Forest area.

That existing intersections have the capacity to cater for projected traffic increases generated by the development on both the subject site and in the broader McIvor Forest Estate area.

That a roundabout should be constructed at the Aberdeen Drive / ‘South Road’ / Stirling Avenue intersection and that this should be included as a condition of the permit.

That the road design standards proposed for the estate are satisfactory; and

That vegetation management and parking restrictions recommended by Mr Citroën should be implemented and included as a condition on the permit.


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Further land should have been included in the Amendment The Panel concludes that it is neither possible nor appropriate to consider the rezoning of the Gibson’s property as part of this process. Flora and fauna The Panel concludes there is no reason on biodiversity grounds to oppose the proposed Amendment. Devaluation of property The Panel concludes that the issue of impact on land values is not a reason not to proceed with the proposed rezoning. The following table lists the Panel's recommendations and provides a brief comment on how the recommendation be applied. Table 1: Panel Recommendations

No. Panel Recommendation Officer Recommendation

1. Amendment C160 to the Greater Bendigo Planning Scheme should be adopted as exhibited.

Change the Amendment to replace proposed Residential 1 Zone with General Residential Zone, consistent with Amendment C205.

2. Reference to PS539711 in the land to which the Amendment in part applies, be amended to PS539711K.

Agree with recommendation.

3. Schedule 4 to the Development Plan Overlay be removed from the following land as exhibited: Lot S PS645134 Lot 92 PS539711 Lot 93 PS539711 Lot 94 PS539711 Res 1 CS1241 Res 1 PS527974 Part of the road reserve in Duncan Court and McIvor Forest Drive.


4. Permit number DS/594/2012 should issue subject to the conditions set out with the exception of the following: a) Condition 5 should be

amended to replace the words ‘Lots 6 & 7’ with ‘Lots 2 to 9 inclusive’


5. If agreement is reached between the proponent and the Council

Consideration has been given to the co-location of the overland flow path


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No. Panel Recommendation Officer Recommendation

about the provision of a pedestrian/bicycle link adjacent to Lot 1 between Duncan Court and the Council reserve, that the requirement for this link be included as a further condition on Permit. If no agreement can be reached within a reasonable time, as judged by the Responsible Authority, the permit should issue subject to the amendment proposed in 4, above.

and a shared path within 9-10 Duncan Court, however it would be difficult to achieve this without significant reconstruction works in Duncan Court to redirect flows. Despite this it is still desirable to provide a pedestrian/cycling link and it is therefore recommended that the existing overland flow path be retained in the current easement, and a new reserve be created along the western boundary of proposed Lot 1 for a shared path. The creation of a reserve for a shared path will be required to be shown on the amended plan under Condition 1 of the permit, with construction of the path required under condition 12.

Planning Permit Assessment The proposal complies with all the subdivision design objectives in clause 56 of the Planning Scheme. The lots in the subdivision will be fully serviced and they will enjoy a high standard of amenity owing to their solar orientation, pedestrian and vehicular linkages and access to recreational assets. All the lots will be capable of accommodating a suburban house with generous space for a garden and backyard. Since exhibition, some further changes to the draft planning permit are needed. Following recommendations from the proponent’s traffic engineer and advice from the City’s Engineering Unit, a roundabout at the intersection of Aberdeen Drive and a walkway off Duncan Court are required. A standard landscaping maintenance condition for subdivisions has also been added. The changes to the draft permit are set out in Table 2.


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Table 2: Changes to Planning Permit

Modified Permit Conditions

Condition 1 (Amended Plan) Before the plan of subdivision is certified amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then form part of the permit. The plans must be generally in accordance with the plans submitted with the application but modified to show: a) a roundabout at the intersection of Aberdeen Drive and the new road to the south

of the subject site. b) creation of a 4 metre wide reserve along the western boundary of Lot 1 for the

purpose of a shared path

Condition 8 (Landscaping Maintenance) The landscaping works shown on the endorsed plans must be maintained to the satisfaction of the responsible authority for 12 months after the works are completed, including that any dead, diseased or damaged plants are to be replaced.

Condition 13 (Construction of Works) to include: h) The construction of a roundabout at the intersection of Aberdeen Drive and the

new road to the south of the subject site i) No stopping signage at the inner curve midway along Duncan Court j) Construction of a 2.5m wide shared concrete path within the new reserve

Conclusion

The Amendment will facilitate infill residential development in a well serviced area and provide for additional housing. It is recommended that Council adopt the Amendment with changes and forward the adopted Amendment to the Minister for Planning for approval. This will complete the Amendment process.

Options

Council has the option of:

Adopting the amendment in accordance with the above Officer Recommendations and sending to the Minister for Planning for Approval

Adopting the amendment in accordance with the Panel’s recommendations and sending to the Minister for Planning for Approval.

Adopting the amendment in part.

Abandoning the amendment under the Planning and Environment Act 1987 there is no right of review of a council's decision not to support the amendment.

It is recommended that Council adopt the amendment with changes in accordance with the above Panel and Officer Recommendations.


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Resource Implications

Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees and extra costs incurred by the City for holding the panel as per the Policy for private Planning Scheme Amendments adopted by Council. The amendment is not expected to have any adverse effects on the resources and administrative costs of the City of Greater Bendigo.

Attachments

Opposing submissions referred to Panel

Explanatory report

Panel report

Amendment documentation

Revised draft planning permit

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Adopt Greater Bendigo Planning Scheme Amendment C160 with changes.

2. Forward the adopted Amendment to the Minister for Planning for Approval, together

with the prescribed information pursuant to Section 31(1) of the Planning and Environment Act 1987.


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2.2 1161 CALDER ALTERNATIVE HIGHWAY, LOCKWOOD 3551 - USE AND DEVELOPMENT OF TRADE SUPPLIES AND INDUSTRY (SALE, HIRE, MODIFICATION AND RECONDITIONING OF EQUIPMENT), ASSOCIATED BUILDINGS AND WORKS, SIGNAGE, CAR PARKING AND REMOVAL OF NATIVE VEGETATION


Author Simon Francis, Statutory Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: Use and development of Trade Supplies and Industry (sale, hire, modification and reconditioning of equipment), associated buildings and works, signage, car parking. removal of native vegetation and installation of a 3 sqm business identification sign on the front face of the office to replace existing sign.

Application No: DC/790/2013

Applicant: Centrum Town Planning for and on behalf of Damon Pierre Bartlome, the owner of the site.

Land: 1161 Calder Alternative Highway, LOCKWOOD 3551

Zoning: Farming Zone Road Zone 1

Overlays: Nil

No. of objections: 4

Consultation meeting held:

3 February 2014

Key considerations: Whether the site is suitable for the use and development of Trade Supplies and Industry;

Whether the proposal is compatible with adjoining and nearby land uses and potential amenity impacts on adjoining land owners and;

Would the issuing of a planning permit, given the rural lifestyle setting, result in a proper (orderly) planning outcome.

Conclusion: Although possible to provide planning approval for Trade Supplies and Industry on Farming zoned land, doing so in this instance would not facilitate orderly planning when considering the following:

The purpose of the Farming Zone;

The size of the site;

Proximity to existing dwellings;


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Policy guidance on the appropriate locations for industrial uses and;

Current and potential amenity impacts on the existing dwellings from the use.

It is recommended that planning permission be refused.

Policy Context


Planning for Growth


Productivity



Relevant Planning History

DG/315/2004 - Construction of garage and shed;

DU/932/2008 - Use and development of dwelling and use of existing outbuilding as a store and;

DR/558/2012 - Use and development of land for a dwelling (previous 2008 permit expired and a new permit was required to complete works).

Compliance History: Since 2008 the City of Greater Bendigo's Compliance Officer has observed many trucks and trailers, silos, portable buildings and other equipment being stored on the site. A planning permit was issued in 2009 (DR/558/2008) for a dwelling and to store goods and machinery in association with a resident of the dwelling on the subject site. Conditions of the planning permit required all machinery to be stored within the shed on site and not to be displayed for sale. Between 2008-2012, regular resident complaints and follow up inspections from the City’s Compliance Officer occurred. This included 8 documented inspections and 4 letters advising the site was being used in contravention of the Planning Scheme and requiring the use to cease and goods removed by a specified date. In this same time period, a number of meetings were held with the owner and staff from the City’s Planning Unit and Economic Development Unit in an attempt to bring the property into compliance by identifying a suitably zoned site that the business could relocate to. The land has continued to be used to store trucks, trailers and other machinery with the numbers increasing overtime which resulted in the City on 13 February 2013 seeking an enforcement order at VCAT that Damon Pierre Bartlome comply with the conditions of planning permit DR/558/2012.


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VCAT Enforcement Order On 8 October 2013, Member Cook made an enforcement order that:

1. The owner and occupier must cease the use of the land for the sale, repair and storing of trucks, trailers and various items of farm equipment (Trade supplies) and for the purpose of industry by 31 January 2014.

2. The owner and occupier must remove all trucks, trailers and farm equipment which are not stored in the existing shed in compliance with condition 2 of Permit DU/932/2008 from the land by 31 January 2014.

3. The applicant must serve a copy of this order on the owner and occupier of the land pursuant to section 140 of the Victorian Civil and Administrative Tribunal Act 1998.

The Tribunal noted that at the time the Application for Enforcement Order was made, use of the Land for Trade Supplies and/or Industries was prohibited, but since then Amendment VC103 had the effect of making Trade Supplies discretionary and making other permissible uses more expansive. The Tribunal noted that the Council and Mr Bartlome had agreed to an enforcement order being issued to require the use of the Land to cease, and for the vehicles and equipment to be relocated by early 2014. The enforcement order was amended on 10 February 2014 by extending the compliance dates in orders 1 and 2 to 7 May 2014 and by adding:

The number of trailers on the Land is at no time to exceed 75 (seventy five). Changes to the Farming Zone Regarding Trade Supplies and Industry Prior to 5 September 2013 when Council issued the Application for Enforcement Order, the use of the land for Trade Supplies and Industry was prohibited. Amendment VC103 has had the effect of making Trade Supplies and Industry permissible uses in the Farming Zone subject to a permit. This change has resulted in this retrospective planning permit application being lodged. Retrospective Planning Permit Applications and Other Relevant Planning Permit Applications made by the Land Owner 110-120 Midland Highway, Epsom - Permit No. DU/182/2013 A planning permit was granted on 2 July 2013 for the display and sale of equipment (including semi-trailers) at 110-120 Midland Highway, Epsom. The enforcement proceedings on the Calder Alternative Highway site were adjourned on several occasions pending the outcome of the consideration of this permit. With the exception of the removal of trees on the Midland Highway site and road reserve, the permit has not been acted upon.


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1161 Calder Alternative Highway, Lockwood On 5 September, 2013 the subject planning application for the use and development of Trade Supplies and Industry (sale, hire, modification and reconditioning of equipment), associated buildings and works, signage, car parking and removal of native vegetation was lodged.

A planning permit was approved at 110-120 Midland Highway, Epsom for the display and sale of equipment (including semi-trailers). The permit was granted in July 2013. VCAT proceedings on the Calder Alternative Highway site were adjourned on several occasions pending the outcome of the consideration of this permit. With the exception of the removal of trees on the Midland Highway site and road reserve, the permit has not been acted upon.

Use of 85 MacDougall Road, Golden Gully - without valid planning approval

The land owner has moved trailers to land owned by the Department of Environment and Primary Industries (DEPI) without seeking planning approval. The applicant has lodged a retrospective planning permit application to use the land for Trade Supplies. DEPI have been notified of the application and have not yet consented to the application or issued a licence to use the land.

Report

Subject Site and Surrounds

The subject site is known as 1161 Calder Alternative Highway, Lockwood. It is an irregular shaped lot of 4.466ha that contains a dwelling and outbuilding and has a planning permit to be used as a store. The lot was created by a 1997 subdivision and is located on the western side corner of the Calder Alternative Highway and McLachlans Lane, Lockwood. Access to the property is from an existing crossover off McLachlans Lane. The subject site and land to the north, west and east of the Calder Alternative Highway are zoned Farming. Land to the south is zoned Rural Living. The Rural Living zoned lots to the south of McLachlans Lane range in size from 2.9ha to 8ha and all contain dwellings. The adjacent sites (5) to the west and north are zoned Farming, around 8 ha in size and contain a dwelling on each. All five dwellings are located within 130 metres to 260 metres of the area designated to accommodate the trade supplies and industrial use. Other uses in close proximity to the site include:

Hazeldene’s chicken farm 350 metres to the north east;

Lockwood Primary School 250 metres to the east;

Righteous Pups 100 metres to the east. McLachlans Lane presents as a rural lifestyle setting with lots less than 8 hectares containing dwellings.


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

As previously discussed, the use proposed as part of the application has been operating on the land without permission since 2008. On 7 February, 2014, 115 pieces of machinery were located onsite.


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Figure 2: Aerial photograph showing subject site & existing conditions including the location of the shed central to the photograph used as a store, dwelling to the south and trailers and machinery located across the site (Photo taken 26 January, 2014).

Proposal

The application seeks approval to:

Use and develop the land for trade supplies and industry - sale, hire; modification and reconditioning of equipment;

Associated buildings and works;

Removal of a native tree in the road reserve;

Business identification signage. The Planning Report by Centrum Planning September 2013 in support of the permit application indicates that the site will be used primarily for the storage and sale of trailers, prime movers, forklifts and excavators. The majority of the vehicles are sold via the internet and telephone with few customers visiting the site.


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The industrial aspect of the use involves the modification, servicing and reconditioning of the vehicles on site to meet customers’ requirements or to ensure compliance with vehicle standards which vary from state to state. These processes involve cutting, grinding, welding and metal fabrication as well as spray painting and sand blasting. Drills, angle grinders, metal saws and welders are used. Whilst these activities are generally carried out inside the shed, some types of vehicles are too large to fit inside the roller doors, so these works take place on the concrete pad on the northern side of the commercial building. Most of the vehicles are serviced in some way, with 30% that are sold are modified or reconditioned “in any significant way”. Proposed hours of operation are 7:00am to 5:00pm Monday to Friday. The report and plans submitted with the application suggest that all vehicles and the uses applied for will be located within the area marked as (B - commercial) on the site plans and is central to the site. The provision of landscaping along the western boundary and a small portion along the southern boundary is proposed. The proposed landscaping is similar to landscaping approved under a previous planning permit but not implemented.

Figure 3: Proposed site plan detailing the designated commercial areas shown as B (outlined in blue) on the plan and landscaping to the west and south.

Planning Controls - Greater Bendigo Planning Scheme

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


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State Planning Policy Framework

11.05 Rural development

14.01 Agriculture

17.02 Industry Municipal Strategic Statement

21.02-4 Key Issues and Influences (Economic development industrial & Agriculture)

21.07 Economic development Local Planning Policies

Clause 22.05 Industrial Policy Other Provisions

35.07 Farming Zone

52.05 Advertising signage

52.06 Car parking

52.07 Loading and unloading of vehicles

52.17 Native vegetation

65 Decision guidelines

66 Referral and notice provisions Pursuant to clause 74 of the Bendigo Planning Scheme, “Trade Supplies” is defined insofar as it is relevant to the present circumstances as:

“Land used to sell both retail and wholesale, or to hire, materials, tools, equipment, machinery or other goods for use in:

(a) automotive repairs and servicing.

"Industry" insofar as it is relevant includes:

"Land used for any of the following operations: (a) any process of manufacture; (b) dismantling or breaking up of any articles: … (e) laundering, repairing, servicing or washing any article, machinery or vehicle,

other an on-site work on a building, works or land; or …

If on the same land as any of these operations, it also includes: (a) storing goods used in the operation or resulting from it; (b) providing amenities for people engaged in the operation; (c) selling by wholesale, goods resulting from the operation; and (d) accounting or administration in connection with the operation."


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


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Referral Comment

VicRoads No objection subject to conditions relating to vegetation removal and upgrade of road reserve.

Environmental Health No objection.

Traffic & Design No objection subject to condition relating to:

McLachlan's Lane to be widened to allow for B-double trucks to pass;

Upgrading the driveway, parking arrangements and upgrading vehicle crossover to the site.

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, four objections were received, with the grounds of objection being:

The use of the land for trade supplies and industrial purposes is not in keeping with the adjoining land uses or appropriate for the Farming Zone and does not comply with State and local policies;

Amenity impacts resulting from:

o Visual impact of trailers, machinery etcetera being stored on the land;

o Industrial noise;

o Dust;

o Hours of operation;

Safety of adjoining land owners from heavy vehicle traffic:

Children making their way to school;

Residents’ vehicles as they approach the Calder and trucks turning onto McLachlan’s Lane (having to veer off the road);

Decrease in land value;

The proposal does is contrary to the principal of orderly planning;

Removal of native vegetation. The objections are discussed in the planning assessment below.

Planning Assessment

Whether the Farming Zone is suitable for the use and development of trade supplies and industry

Trade Supplies is nested in the retail premises group. It is not nested in the agricultural group and is not regarded as an agricultural use. Similarly, Industry has its own nesting.


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The proposed use of the land for Trade Supplies is defined in the Planning Scheme as land used to sell by retail or wholesale, machinery for use in industry, building and primary production. The industrial use in this instance involves repairing, servicing or washing of machinery or vehicles. Trade Supplies along with industry are both permissible uses in the Farming Zone, subject to planning approval. When considering the purposes of the Farming Zone as a whole, it is apparent that the primary focus is to retain agricultural land for agricultural purposes that encourages employment which in turn supports rural communities. The employment it encourages relates to agriculture, as otherwise it would not serve its primary purpose of encouraging the retention and utilisation of land for that purpose. Given the intention to refurbish and sell semi-trailers the proposed use can be characterised as industry which is further removed from agriculture as a land use. Removing 4.66 hectares from agricultural production to accommodate up to 100 or more semi-trailers, and an industry is not consistent with the purposes of the Farming Zone. Because a use is permissible does not infer that a permit should or will be issued and Council must consider if the issuing of a planning permit would:

Remove agricultural land from potential agricultural productivity;

Be appropriate to allow an industrial use on a small lot in the Farming Zone rather than on industrial zoned land;

Meet the purpose and decision guidelines to the Farming Zone. These will be discussed throughout the body of the report. Agriculture The Planning Scheme emphasises the protection of productive agricultural land from unplanned, permanent removal or incompatible adjoining uses (Clause 14.01) and encouraging sustainable agriculture (clause 14.01-2). The economic development policy (clause 21.07) also lists agriculture as an important element of the economy and seeks to protect agricultural land from competing, inappropriate land uses, to maintain the potential for agricultural production and to minimise fragmentation of productive land parcels. In considering proposals to develop agricultural land, the City must consider the desirability of removing land from primary production, and the compatibility between the proposed development and existing uses of the surrounding land, siting and design issues that may impact on major roads, vistas and any measures undertaken to minimise any adverse impacts as directed by the Planning Scheme. The land appears to have been used for grazing in the past and the shedding on site used for tomato packaging prior to its acquisition by the current owner.


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The applicant is arguing that the land is not agriculturally versatile by virtue of its size and proximity close to existing dwellings in a rural living setting. It is also stated that the proposal meets the purpose of the zone as it will retain employment and population in the area and support general business and employment activity in the Lockwood South community. Objectors argue that the proposed uses have little relevance to the maintenance of the land for farming purposes and would alienate the land from any opportunity for farming purposes. It is also stated that no evidence has been provided in the form of soil reports to validate the claim the land has no agricultural versatility. The primary purpose of the Farming Zone and policy guidance is for the land to be used for agricultural purposes and to ensure that non-agricultural uses permitted do not adversely affect the use of land for agriculture. Industry The objective of Clause 17.02 -1 Industrial land development is to ensure availability of land for industry by identifying land for industrial development within urban growth areas where:

Good access for employees, freight and road transport is available.

Appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses.

Clause 21.02-4 Economic Development (industrial diversification) responds to clause 17.02-1. It references the Bendigo Industrial Land Strategy (2002) that recommends future industrial development will be promoted within the East Bendigo industrial precinct and that the precinct will be developed to ensure industrial land availability. It is also stated that rural based industry will be encouraged to be located in the Goornong industrial precinct. Clause 21.07 Economic development (industry) reiterates that East Bendigo will be the focus of immediate industrial activity now and in the near future. The relevant objectives of Clause 22.05 Industrial Policy are to promote East Bendigo as the preferred location for industry expansion, marketing and infrastructure, to provide a range of industrial land and buildings to meet the needs of a broad range of industries. It is also policy to discourage industrial development in rural areas of the municipality, unless they can demonstrate they are a rural enterprise that value adds to the agricultural base of the municipality. The uses proposed have no direct link with agriculture; the purpose of the Farming Zone makes no reference to the use of land for non-agricultural purposes and the decision guidelines in clause 35.07-6 of the Farming Zone include:

Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land uses.

Whether the use or development will support and enhance agricultural production.

Whether the use or development will adversely affect soil quantity or permanently remove land from agricultural production.

The potential for the use or development to limit the operation and expansion of adjoining and nearby agricultural uses.


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The applicant is seeking to legalise a use that currently occurs on site and is proposing to limit the uses to a portion generally central to the site. Landscaping is proposed to the west and south of the area marked B on the plan to limit any impact on the adjoining dwelling to the west. The landscaping proposed is similar to that previously approved for a dwelling and use of the existing shed as a store that has not been implemented. As discussed, policy guidance directs industrial uses to the East Bendigo industrial precinct and industrially zoned land. Using farming zoned land for industry and trade supplies which includes the sale of trucks, trailers forklifts, excavators and prime movers is not appropriate and is more suitable to industrial zoned land such as East Bendigo. The proposal does not meet the purpose or decision guidelines of the Farming Zone. Whether the proposal is compatible with adjoining and nearby land uses and potential amenity impacts on adjoining land owners

Notwithstanding the above, this is arguably the most important consideration in this application. The objectors are concerned that the following amenity impacts are occurring from the existing use and will continue if a planning permit was issued:

Visual impact from machinery and the like being stored on the land;

Industrial noise including reversing alarms on trucks;

Dust. Officer Comment: There is insufficient distance separating the existing dwellings on nearby land (five dwellings within 260 metres) and the area marked B on the site plan to ensure the amenity of the area is not detrimentally affected. Amenity impacts from truck movements, dust, noise from the industrial use and reversing alarms on trucks are all amenity impacts which at the level currently produced onsite are not normal to the Farming or the adjoining Rural Living Zones. Additionally, the visual impact from vehicles and machinery will have detrimental impact on the amenity of the area. Complaints from neighbours have been ongoing since 2008, indicating that these amenity impacts will continue into the future if a planning permit is to issue. The applicant acknowledged in a consultation meeting that the site, and in particular the area where industry currently occurs (shed used as a store) is insufficient in size and the company is actively seeking an alternative site to accommodate the growing business. It was also acknowledged that although securing a planning permit on another site at 110-120 Midland Highway, Epsom to allow the sale of vehicles to occur, the land owner has stated that they have no intention to relocate the business from 116 Calder Alternative Highway to the Epsom site. The proposal is not compatible with adjoining and nearby land uses and has the potential to impact on the amenity of the adjoining land owners.


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Whether the use or development will support and enhance agricultural production. Clearly the use of the Land for trade supplies and industry will remove the potential for this land to be used for agricultural purposes, and is thereby contrary to the objectives of the Farming Zone. The Applicant has not discharged his onus of proving that the subject Land is not suitable for agriculture. Would granting a planning permit, given the rural lifestyle setting, result in a good (orderly) planning outcome? A key objective to planning in Victoria is to provide fair, orderly, economic and sustainable use and development of land along with balancing the present and future interests of all Victorians. Officer Comment: Although it is proposed by the applicant to restrict the commercial activity to an area in the centre of the site (marked B on the site plan) and provide landscaping to limit the impact on the adjoining land owners, allowing the uses to occur would not result in an orderly planning outcome nor set an appropriate precedent for the location of trade supplies and industry on what is a relatively small parcel of Farming Zone land in close proximity to dwellings. This is especially so when Council has policies which encourage such uses to specified locations which are appropriately zoned for industrial purposes. The Planning Scheme states that because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause with key considerations being:

The matters set out in Section 60 of the Act (including the objective "to provide for the fair, orderly, economic and sustainable use and development of land");

The State Planning Policy Framework and the Local Planning Policy Framework;

The purpose of the zone or other provision;

The orderly planning of the area;

The effect on the amenity of the area. When considering the objectives of planning in Victoria and the decision guidelines of the Planning Scheme, the proposal to use the land for Trade Supplies and Industry will:

Affect the amenity of the area via noise, dust and visual clutter;

Not meet the purpose of the Farming Zone to facilitate agricultural purposes and;

Not result in an orderly planning outcome on Farming zoned land in close proximity to dwellings on small lots.

Other objector concerns

Safety of adjoining land owners from heavy vehicle traffic:

o Children making their way to school.

o Residents' vehicles as they approach the Calder Alternative Highway and trucks

turning onto McLachlan’s Lane (having to veer off the road).


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Officer Comment: VicRoads have consented to the upgrade of the Calder Alternative Highway and McLachlan’s Lane intersection and removal of a road reserve tree subject to conditions. The City’s Traffic Engineer commented on areas of non-compliance, however, if a planning permit were to issue these concerns could be addressed via conditions on a planning permit.

Decrease in property value

Officer Comment: Devaluation has been repeatedly tested at VCAT in the past. VCAT has determined that devaluation must be substantiated and therefore has rarely been successfully argued as a ground for appeal. It is uncertain whether the proposal will indeed affect the value of any adjoining property.

Vegetation removal

Officer Comment: The purchasing of appropriate offsets for the removal of vegetation on the road reserve would meet the requirement of the Planning Scheme and be an acceptable outcome.

Conclusion

The land is a small 4.6 ha lot zoned Farming that has an interface with land Zoned Rural Living. Five dwellings are within 130 to 260 metres of the area designated for the commercial activity to occur and McLachlan's Lane presents as a rural lifestyle area. The decision guidelines of Clause 65 of the Planning Scheme state that because a permit can be granted does not imply that a permit should or will be granted. The Council must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of that clause. The issuing of planning approval for Trade Supplies and Industry would not result in an orderly planning outcome based on the following:

The proposal is contrary to the purpose of the Farming Zone;

The proposal is more appropriate for land zoned Industrial;

The size of the land and the commercial uses proximity to existing dwellings is and will continue to have an effect on the amenity of the area.

All things considered, the issuing of a planning permit for the use and development proposed would not result in an orderly planning outcome.

Options

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

Attachments

Objections


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for use and development of trade supplies and industry (sale, hire, modification and reconditioning of equipment), associated buildings and works, signage, car parking and removal of native vegetation at 1161 Calder Alternative Highway, Lockwood 3551 on the following grounds: 1. The proposal is contrary to the purpose and decision guidelines of the Farming

Zone.

2. The issuing of a planning permit for the use and development would not result in the orderly planning of the area.

3. The proposal will have an adverse amenity impact on the area.


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2.3 52-54 EAGLEHAWK ROAD, IRONBARK 3550 - DEMOLITION OF BUILDING AND OUTBUILDINGS


Author Chris Duckett, Co-ordinator Land Use Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: Demolition of building and outbuildings

Application No: DD/793/2013

Applicant: Smith Design Group Pty Ltd

Land: 52-54 Eaglehawk Road, IRONBARK 3550

Zoning: Commercial 1 Zone Road Zone 1

Overlays: Heritage Overlay 11



No

Key considerations: Whether the demolition of the building would have an adverse impact of the significance of the heritage place.

Whether the condition of the building supports it demolition.

Conclusion: The proposed demolition of the building would have an adverse impact on heritage values in the area because of its significance to this precinct. This report recommends that the Greater Bendigo City Council issue a refusal of planning permission.

Policy Context


Planning for Growth


Productivity


Sustainability

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


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On 6 May 2013 the assessing planner and the City’s Heritage Architect / Advisor met with the owner of the land and his draughtsman to discuss a residential development proposal which would have involved retention of the existing building. At that time the owner expressed a keen interest in a refurbishment of the building including a faithful reinstatement of the original two storey front verandah. The fact that the owner was in possession of some of the original ironwork was to have aided the reconstruction. In addition, good historical photographs of the building are available. On 24 August 2013 the building was struck by a four-wheel drive vehicle and the applicant argues that the damage caused has rendered the building unviable for further repair works and that urgent work is required to make the building safe. Consequently this application for demolition has been submitted. There are no proposals in place for a replacement building. Further to the application being submitted, the applicant was advised in writing that the City did not support demolition of the building and was asked to confirm that there was no intention to provide plans for a replacement building. This was subsequently confirmed.

Report


The site comprises a rectangular block with an area of 809 square metres and has a fall of around 3m from front to back. The site is zoned Commercial 1 and currently contains an existing, two storey, commercial building which dates from the late 19th century and features a number of later additions to the rear. The building has been identified in the precinct and rated a C - individually significant in the Eaglehawk and Bendigo Heritage Study. It is thought that the building has been vacant for a number of years and it is not known when the two storey verandah had been removed The surrounding land is a mixture of commercial and residential development with buildings of a variety of styles and ages. The applicant also owns adjoining sites at 56 Eaglehawk Road and 5 Trotter Lane.


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Figure 1: Location map showing subject site.

Figure 2: Aerial map showing subject site.


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Figure 3: Photograph of the two storey building.


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Figure 4: Photographs (supplied by the owner) of the original building and lacework.

Proposal

The proposal is for the demolition of the building and all associated structures on the site.


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

11.05 Regional Planning

15.01 Urban environment

15.02 Sustainable environment

15.03 Heritage


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Municipal Strategic Statement

21.08 Environment Local Planning Policies

22.06 Heritage Policy Overlay

43.01 Heritage Overlay Other Provisions

34.01 Commercial 1 Zone

65 Decision Guidelines A planning permit is required to demolish the building under the Heritage Overlay which affects the land.


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

Referral Comment

Heritage Demolition is not supported. Recommendation is supported by Heritage Advisory Committee - see assessment.

Municipal Building Surveyor "Despite there being structural damage to the corner of the building, the general wall and roof alignments are still good. The building has been shored and propped to make it safe and stabilise it. In its present state I could find no reason to support demolishing parts of this building, as it appears capable of being repaired and restored." * Further to these comments the damaged corner has been rebuilt in brick.

Public Notification The application was advertised by way of notice on the site and a letter to the adjoining property not owned by the applicant. As a result of advertising, no objections were received.


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Planning Assessment

The impact of the demolition of the building on the heritage precinct The Planning Scheme contains a number of clauses which promote the need to conserve places of heritage significance whilst allowing for appropriate development that respects heritage values. The building proposed to be demolished maintains a prominent position on Eaglehawk Road and is a contributory element in the heritage precinct. The significance of the building is detailed in the City’s Heritage Architect / Advisor’s report which identifies it of being of importance to the old commercial centre of Ironbark. The recent demolition of the old foundry at 62 Eaglehawk Road has possibly increased the importance of the building as a focal point in the area. The applicant has provided a site assessment report which states that it ‘….will try to identify any cultural significance….and the subsequent heritage and neighbourhood values of the place..’ The Heritage Architect / Advisor has noted that the report does not appear to be based on historical research or an understanding of the importance of the early commercial centre of Ironbark. It also does not appear to take into account the conclusions of the Eaglehawk and Bendigo Heritage Study, which was undertaken by an experienced and recognised heritage professional, Graham Butler. Under Clause 43.01 (Heritage Overlay) of the Planning Scheme, the significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place must be considered. As the building contributes to the overall significance of the heritage precinct, it is concluded that its demolition will have an adverse impact not only on the appearance of the heritage precinct but also on its cultural significance to Bendigo. The applicant has not provided plans for a replacement building. As demolition is not supported the quality of any replacement building is not a relevant consideration under the Heritage Overlay. Does the condition of the building support its demolition? Clause 22.06 (Heritage Policy) of the Planning Scheme supports the retention of heritage assets in the municipality. One of the objectives of this clause is to ensure that the heritage assets of the municipality are maintained and protected. There are also a number of policies under this clause which aim for the protection of the heritage assets while at the same time, allow for their re-use. The Municipal Building Surveyor is of the view that the building, although the subject of structural damage, can be readily repaired. The applicant has submitted a structural report which states that ‘extensive and expensive repair will be required to upgrade the building to a habitable and safe condition’. However, the report also acknowledges that ‘at great expense and effort the building can be saved.’


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The report also identifies a number of the causes of the structural problems, many of which may be due to poor maintenance and failure to prevent the ingress of water. It is of note that the current owner has owned the building since at least 1999. In light of the fact that there is agreement that the building can be repaired, its current condition is not sufficient reason to support its demolition.

Conclusion

The demolition of the building will negatively impact on the significance of the heritage precinct and the building can be repaired and retained as a heritage asset for the municipality.

Options

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

Attachments

Heritage Architect / Advisor’s Report

Applicant’s site assessment

Structural Report

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to refuse to grant a planning permit for the demolition of the building and outbuildings at 52-54 Eaglehawk Road, IRONBARK 3550 for the following reasons: 1. The proposal would result in the loss of a building which would adversely impact on

the significance of the heritage place contrary to clauses 15.03, 21.08, 22.06 and 43.01 of the Greater Bendigo Planning Scheme.


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2.4 28 SKENE STREET, KENNINGTON 3550 - 3 LOT SUBDIVISION OF LAND AND CONSTRUCTION OF 2 DWELLINGS


Author Lachlan Forsyth, Statutory Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: 3 lot subdivision of land and construction of 2 dwellings.

Application No: DSD/705/2013

Applicant: D Murphy

Land: 28 Skene Street, KENNINGTON 3550

Zoning: General Residential Zone (formerly Residential 1 Zone )

Overlays: Nil



The applicant did not wish to participate in a consultation meeting in light of previous discussions held between the owner and objector, in which no resolution or grounds of agreement were found.

Key considerations: Whether the proposal accords with Planning Scheme policy relating to medium density infill housing;

Whether the proposal represents an appropriate outcome with reference to Residential Character Policy and ResCode;

Whether the proposal represents an appropriate outcome with regards to car parking and vehicle access.

Conclusion: The application is recommended for approval on the basis that it represents an acceptable planning outcome with regard to policy, character, the General Residential Zone, Clause 52.06 (car parking) and ResCode. This report considers the permit application and recommends that the Greater Bendigo City Council issues a Notice of Decision to Grant a Planning Permit.

Policy Context


Planning for Growth



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Productivity



The City’s records indicate the existing dwelling was constructed in 1973. There is no relevant planning history for the subject site. No pre application meeting was held with the owner or applicant prior to the application being made.

Report


The subject site is a generally triangular shaped parcel of General Residential Zone land with an approximate area of 852m². The property is located on the southern side of Skene Street, to which it has a frontage of 51.8 metres. The depth of the site tapers from 24.9 metres at the westernmost section of the site to 7.2 metres at the eastern boundary. A double storey, cream brick, 1970’s era dwelling is located in approximately the middle of the site. The existing dwelling has the same footprint at ground and first floor level and features a hipped, tile roof. A double width brick garage is located to the west of the existing dwelling with a small brick outbuilding situated to the rear of the garage. Another notable existing feature of the site is the 1.56 metre high solid brick front fence, which stretches over the western most 22.0 metres of the Skene Street frontage. Vehicle access to the site is via an existing concrete crossover to Skene Street. Surrounding land uses are predominately residential in nature. Built form in the area is mixed owing to the numerous dwelling sizes, styles and eras that exist. The site also backs onto Harry Trott Oval, which includes both the oval and a large reserve featuring a high number of mature native trees. the established tree canopy within Harry Trott Oval is highly visible from Skene Street.


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

Proposal

The applicant proposes to subdivide the land into three lots and construct two double storey dwellings. The proposal is detailed as follows: Lot sizes:

Lot 1 = 224.02m²

Lot 2 = 365.63m²

Lot 3 = 261.84m² Dwelling 1

To be comprised of: three bedrooms, ground floor foyer, laundry, living/dining, kitchen, bathroom, second toilet and shower, two balconies at first floor level and single car garage.

Materials include a mixture of brick, render, lightweight cladding (vertical panels) and express joint wall cladding. A specific colour and materials schedule has not been supplied.

Dwelling is to be of a contemporary design and include pitched skillion roof forms.

Dwelling 2 - Existing Dwelling

The existing dwelling is comprised of four bedrooms, rumpus room, lounge/dining, kitchen/meals, two bathrooms, laundry and first floor balcony.


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The only addition proposed for Dwelling 2 is a carport to the eastern side of the dwelling and a new driveway and cross over.

The existing garage and outbuilding are to be demolished (no planning permit required).

Dwelling 3

To be comprised of: three bedrooms, kitchen/dining/living area, bathroom, two toilets, laundry, study area and single car garage.

Materials include a mixture of brick, render, lightweight cladding (vertical panels) and express joint wall cladding. A specific colour and materials schedule has not been supplied.

Dwelling is to be of a contemporary design and include pitched skillion roof forms.

Figure 2: Proposed streetscape elevation

Figure 3: Proposed site plan


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


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State Planning Policy Framework

Clause 11.05 - Regional development.

Clause 15.01 - Urban environment.

Clause 15.02 - Sustainable development.

Clause 16.01 - Residential development. Municipal Strategic Statement

Clause 21.01 - Municipal profile.

Clause 21.02 - Key issues and influences.

Clause 21.03 - Vision - strategic framework.

Clause 21.04 - Strategic directions.

Clause 21.05 - Settlement.

Clause 21.06 - Housing.

Clause 21.09 - Infrastructure.

Clause 21.10 - Reference documents. Local Planning Policies

Clause 22.24 - Strathdale/Kennington residential character policy, precinct 4. Zone

Clause 32.08 – General Residential Zone Other Provisions

Clause 52.06 – Car Parking

Clause 55 and 56 – ResCode

Clause 65 – Decision guidelines



Referral Comment

Powercor No objection subject to conditions

Coliban Water No objection subject to conditions

Telstra No objection subject to conditions

Tenix No objection subject to conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions


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

Overshadowing

Overlooking

Out of keeping with neighbourhood character

Amenity concerns during construction phase The objections are discussed in the body of this report below.

Planning Assessment

Does the proposal accord with Planning Scheme policy relating to medium density housing? Statewide Policies Clause 11.05 (Regional development) seeks to promote the sustainable growth and development of regional Victoria. Clause 15.01 (Urban environment) seeks to create urban environments that are safe, functional and provide good quality environs with a sense of place and cultural identity. Clause 15.02 (Sustainable development) seeks to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Clause 16.01 (Residential development) seeks to provide for housing diversity, affordability and to ensure the efficient provision of supporting infrastructure. New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space. Council’s settlement and housing policies detailed within the Municipal Strategic Statement (MSS) are supported by the City’s Residential Development Strategy, which promotes urban consolidation for high quality medium density in-fill housing. The subject land is zoned General Residential and is situated within the Bendigo Urban Growth Boundary. The property is within an established urban area of Bendigo which is within 1km of the CBD and is serviced by a wide range of infrastructure, local services and facilities.


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The proposed development will allow for sustainable urban consolidation which will utilise existing services and infrastructure. The development will also diversify and increase current housing stock within the City. As such, the proposal is considered to be consistent with the relevant State Planning Policy Framework housing and settlement objectives. Local Policies Clause 21.04, 21.05 and Clause 21.06-1 sets out the policies which aim to provide sufficient housing to support a forecasted increase in population for Bendigo of nearly 43,000 individuals by 2030. The policy and associated Residential Development Strategy has been prepared primarily to guide future residential development in the urban area of Bendigo. Relative to this application the Strategy promotes an increase in density on land suitable for infill development. The proposal achieves this objective as discussed above. Clause 21.06-1 also notes that ‘in terms of urban design and neighbourhood character, Council acknowledges that as the potential for an increased housing capacity within Bendigo is realised through higher density housing, it will become more critical for each new development to effectively respond to its surroundings and contribute to the adjoining streetscape character. Higher standards of design need to be adopted with consideration to issues such as privacy, amenity and neighbourhood character’. In consideration of Council’s referenced Bendigo Residential Development Strategy 2004, the proposed development is appropriate as it will allow for consolidation of residential land in an established urban area which is close to numerous services and infrastructure. As such, the proposed dwellings will be well serviced by existing infrastructure including roads, electricity, water, sewerage and public recreational facilities. Neighbourhood Character The site is located within the Strathdale/Kennington Precinct 4, which is described under Clause 22.24 as: "An area of housing mostly built since the 1950s, in which roof shapes are often important as they provide a consistent theme. The horizontal emphasis of the dwelling form results from the long, low elevations of the buildings in relation to their height. In some locations, mature trees in reserves or private gardens dominate the skyline. Absence of front fences in some areas creates an open feel to the streetscape." The statement of desired future character seeks to ensure that the horizontality and articulation of the dwellings, and the openness of streetscapes, will be maintained. The desired future character is to be achieved by the following objectives and design responses:

Objectives Response

To maintain and strengthen the garden settings of the dwellings.

Prepare a landscape plan to accompany all applications for new dwellings.


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Objectives Response

Comment: A landscape plan has been prepared which, when implemented, will enhance the visual amenity of the site by providing a new garden scheme. No significant vegetation currently exists on the site and the existing mature trees located to the immediate south of the site (Harry Trott Oval) are to remain highly visible. It is noted that if a permit is to be granted, a permit condition should be included to require landscaping within the front setback of the existing dwelling. The required landscaping plan will also clarify the objector’s queries relating to mature height of trees planted in front of Dwelling 3.

To minimise site disturbance and impact of the building on the landscape.

Buildings should be designed to follow the contours of the site or step down the site.

Comment: The proposed dwellings have been design to follow the contours of the site. A minor amount of cut and fill is proposed, however, building heights will be graduated to ensure there is no disruption within the cohesive nature of built form (heights) within the streetscape.

To maintain the consistency, where present, of building front setbacks.

The front setback should be not less than the average setback of the adjoining two dwellings.

Comment: The front of Dwelling 1 will be setback at approximately the average distance between the existing dwelling and the adjoining dwelling to the west. This graduated setback will ensure that the consistency of front setbacks within Skene Street will not be disrupted. The façade of Dwelling 3 incorporates a staggered front setback which tapers from 5.8 metres to 3.1 metres at its eastern most point. Although this does not technically comply, disruption to the streetscape will be minimal when considering the unique shape of the site and slight bend in the road at the easternmost point of the site. The slight change in direction of the road and the siting and orientation of the abutting property to the east, coupled with the staggered/articulated setback of Dwelling 3 will ensure the consistency of front setbacks within the street will be respected.

To reflect the existing rhythm of dwelling spacing.

Buildings should be setback between 1 and 3 metres from both side boundaries, based on the predominant pattern in the streetscape.

Comment: The proposed dwellings have been designed to allow clearances of at least 1.2 metres to either side. Tapered side walls have been designed for Dwelling 1 which means no buildings are to be built to any boundary at the front of the site. This ensures that spacing between dwellings, and therefore the cohesive siting of dwellings within the streetscape is both respected and maintained. Similarly, Dwelling 3 has been designed and sited to allow adequate clearance from the existing dwelling and the adjoining dwelling to the east. Physical articulation and changes in materials further ensure that the infill dwellings are integrated within the existing built environment. Dwelling 3 will effectively fill what is currently a gap within the streetscape. As such, the rhythm of spacing within the street will be complemented by Dwelling 3.


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Objectives Response

To ensure that buildings and extensions do not dominate the streetscape.

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

Comment: The proposed buildings’ forms and styles are respectful of buildings within the streetscape. Both proposed dwellings pick up on design elements of the existing house, namely being the double storey height. Other examples of double storey buildings with sheer walls (ground to first floor levels) are located at 18 and 16 Skene Street (five houses west of subject site). In addition to this, the proposed buildings have been designed to follow the contours of the site and to have incorporated graduated heights, through use of recessed upper floor walls. This will allow the new dwellings to respect the form and height of adjoining buildings. Pitched roofs have also been incorporated into the designs which are in keeping with the predominant styles of the wider precinct.

To use building materials and finishes which complement the dominant pattern within the streetscape.

In streetscapes where weatherboard predominates, render, bag or paint brick surfaces.

Comment: A mix of brick and render cladding, with some lightweight cladding features have been incorporated into the design of the proposed dwellings. The proposed materials are considered to be complementary of the predominant materials used within the street. The use of non-traditional materials is limited and will not dominate or transform the character of the area. A full colour and materials schedule is recommended to be required by condition. This will clarify the objector’s queries/concerns relating to the final materials and colours of the proposed dwellings.

To maintain the openness of the streetscape.

Provide no front fencing.

Comment: The proposal includes the partial height reduction of the existing high, solid brick front fence. This is considered to be an improvement in terms of urban design and the integration of the site within the street. The proposed fence reduction will effectively open up the streetscape and allow a more active frontage for Dwelling 3 to Skene Street.

It is considered that the proposal is respectful of existing neighbourhood character and the desired future character of Kennington for the reasons discussed in the table above. Does the proposal comply with ResCode? In addition to character, the proposal has also been assessed as being in general accordance with the majority of Clause 55 ResCode standards and objectives in terms of providing internal and external amenity consideration and building siting.


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There are two ResCode standards with which the proposal does not comply. Council has discretion to vary ResCode standards provided the accompanying objective to is met, hence not meeting a standard does not automatically mean an application must be refused. The flexibility and discretion exists in order to have regard to factors such as site constraints, site context and the overall design response. The two non-complying ResCode standards and reasons why they should be allowed are:

Standard B6 Front Setback Although Dwelling 3 does not technically comply with Standard B6, the reduced setback is assessed as being acceptable as discussed in the neighbourhood character section of this report. Dwelling 3 is considered to be compliant with the front setback objective, which seeks to ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Standard B17 Side and Rear Setbacks The side setbacks (from the proposed boundary between Dwellings 1 and 2) for the Dwelling 1 first floor east wall and Dwelling 2 first floor west wall do not technically meet the standard as it is setback 1.35 metres where the required setback is 1.36 metres. A variation to the standard is supportable as the objective is to ‘ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings’ has been assessed as being met. The development will retain a clearance of more than 2.5 metres between Dwellings 1 and 2. This setback distance will ensure the rhythm of spacing between dwellings within the streetscape is maintained.

The objector has also raised concerns over potential overlooking and overshadowing to be caused by the development.

Standard B19 Daylight to existing windows and B21 Overshadowing open space It is acknowledged that there will be minor overshadowing caused by the proposed Dwelling 1 to the adjoining property to the west. Shadow diagrams show that there will be some overshadowing of the adjoining driveway and carport between 9am and 10am. It is noted that this area, including habitable room windows is already significantly overshadowed and/or covered/obscured by an existing carport located on the objector’s property. Although the objector has indicated that he intends to remove this structure in the future, it is fair and reasonable to judge the proposal on the existing conditions. Regardless of whether the carport is proposed to be removed, the plans have been shown to be fully compliant with ResCode Standards B19 (Daylight to existing windows objective) and B21(Overshadowing open space objective).


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Standard B22 Overlooking It is recognised that there is potential for overlooking to occur from Dwelling 1 Bedroom 2 to the adjoining habitable room window located on the eastern wall of 26 Skene Street. If a permit is to be granted, a condition for screening above the boundary fence will be included to ensure no overlooking will occur.

Does the proposal comply with Clause 52.06 - Car Parking? Proposed Dwellings 1 and 3 are provided with two car parking spaces, of which one is located in a garage. Minimum dimensions for all spaces have been achieved. The existing dwelling has also been provided with two car spaces, of which one is to be covered by a 4.9 metre long carport. It is recommended that if a permit is granted, a condition should be included to require the provision of a minimum 6.0 metre long carport. Design Standard 1 of Clause 52.06 states that if an access way serves four or more car spaces or connects to a road in a Road Zone, the access way must be designed so that cars can exit the site in a forward direction. The proposed development is unable to achieve this requirement due to the size and shape of the allotment. On the advice of the City’s traffic engineers, the proposal for vehicles to reverse out of their driveways onto Skene Street is acceptable. The City’s traffic engineers have advised that due to the expansive sightlines, the wide median strip and the wide roadway, reversing onto Skene Street does not pose an unreasonable risk or threat to other road users or pedestrians. It is not uncommon for vehicles to reverse onto Skene Street from dwellings. There are numerous examples within the immediate vicinity of garages and driveways fronting Skene Street which do not allow turning areas. A condition is recommended to reduce or delete the existing high front fence to allow adequate pedestrian sightlines however. Further to this, as each dwelling is to have its own driveway, there will be no concerns relating to shared access. It is assessed that the proposed car parking and access design and layout is functional and efficient. Neighbour’s objections not already discussed

Amenity concerns during construction phase: If a permit is to be granted, a condition will be included to ensure that all activities associated with the construction of the development must be carried out to the satisfaction of the responsible authority and that all care must be taken to minimise the effect of such activities on the amenity of the locality. Despite this, it is noted that the objector does not reside in the neighbouring property, nor in the municipality.


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Potential negative effects on time taken to resell property due to perceived negative impacts on neighbourhood character which may result from the development of the proposed dwellings. Council has no authority or scope to consider this perceived occurrence under the Planning Scheme regulations.

Conclusion

In conclusion, the application is recommended for approval on the basis that it represents an acceptable planning outcome with regard to policy, character, the General Residential Zone, Clause 52.06 (car parking) and ResCode.

Options

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

Attachments

Objection

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for 3 lot subdivision of land and construction of 2 dwellings at 28 Skene Street, KENNINGTON 3550 subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the use and development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Proposed carport for Dwelling 2 to be a minimum 6.0 metres in length. (b) Provision of permanent, fixed screening (no more than 25% transparent)

above the western boundary fence to prevent overlooking between Dwelling 1 Bedroom 2 and 26 Skene Street, or other screening to the satisfaction of the responsible authority to achieve compliance with Clause 55.04-6.

(c) Deletion of or reduction in height of existing front brick fence between Dwellings 2 and 3 to allow minimum sightlines for pedestrians so as to accord with Design Standard 1, Clause 52.06-8.

(d) Provision of a minimum 6m³ storage shed for Dwelling 2. (e) Amended site and landscape plan to show existing cross over and driveway

of Dwelling 2 to be removed and landscaped. (f) Amended site plan to delete indicated stormwater discharge/infrastructure

entering Harry Trott Oval reserve. (g) Amended site plan to show existing ‘no stopping sign’ in front of proposed


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Dwelling 3 to be re located 3 metres west of the proposed Dwelling 2 cross over/drive way.

(h) Plans to specify boundary fence heights and materials.

2. LANDSCAPE PLAN REQUIRED

Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) A survey (including botanical names) of all existing vegetation to be

retained and removed. (b) Details of surface finishes of pathways and driveways. (c) 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.

(d) Existing driveway and crossover of Dwelling 2 to be removed and landscaped.

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

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

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

5. STREET TREES Existing street trees identified on the endorsed plan(s) must be retained and must not be damaged or destroyed, felled, lopped or uprooted unless with the prior written consent of the responsible authority. Such trees must be satisfactorily protected during any building operations or works.

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

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


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

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

10. 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 and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include

direction of stormwater run off

a point of discharge for each lot;

independent drainage for each lot.

11. STORMWATER DETENTION Before the use or development is commenced, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable Discharge: Q5 = 6 l/s

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

13. DRAINAGE WORKS Prior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in conditions above.

14. SECTION 173 AGREEMENT Should the applicant opt to install onsite detention or quality systems then, prior to the issue of statement of compliance, the applicant/owner must enter into an Agreement under Section 173 of the Planning and Environment Act 1987.


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Such Agreement must covenant that; (a) The on-site treatment system and/or detention system shall be designed

by a qualified engineer and must be approved by the responsible authority prior to construction.

(b) Each onsite-treatment system and/or detention system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots.

(c) Each system must be completed prior to connection to the responsible authority’s drainage system.

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

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

(f) The Owner will pay for all costs associated with the construction and maintenance of each on-site treatment and detention system.

15. CITY OF GREATER BENDIGO ASSETS

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

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

17. REMOVAL OF EXISTING VEHICLE CROSSING The existing vehicle crossing to Dwelling 2 must be removed and the area reinstated to kerb and channel to the satisfaction of the responsible authority.

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

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


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

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

22. POWERCOR CONDITIONS (a) The plan of subdivision submitted for certification under the Subdivision

Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act..

(b) The applicant shall:-

Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.

Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System.

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

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

Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

23. COLIBAN WATER CONDITIONS

(a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications.

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

24. TENIX CONDITION

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


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25. TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with:

A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

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

(b) Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

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

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

26. PUBLIC OPEN SPACE CONTRIBUTION

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

27. EXPIRY OF THE PERMIT The permit will expire if: (a) The plan of subdivision is not certified within 2 years from the date of this

permit; (b) The registration of the subdivision is not completed within 5 years from the

date of certification of the plan of subdivision or (c) Construction of the approved development is not completed within 7 years

from the date of this permit The responsible authority may extend these expiry periods if a request is made in writing before the permit expires, or within six (6) months afterwards.


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City of Greater Bendigo Asset Planning and Design Unit Note: A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve. Consent for Work on Road Reserves The applicant must comply with; (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005, and (c) Road Management (General) Regulations 2005 with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this note on this planning permit is not deemed to have been notified of, or to have given consent, to undertake any works within the road reserve as proposed in this permit.


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2.5 20 HIGH STREET, MARONG 3515 - USE AND DEVELOPMENT OF LAND FOR A SERVICE STATION WITH AN ABOVE-GROUND DIESEL TANK AND CREATION OF A NEW ACCESS TO A ROAD ZONE 1


Author Chris Duckett, Co-ordinator Land Use Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: Use and development of a service station with an above-ground diesel tank and creation of a new access to a Road Zone 1

Application No: DC/273/2013

Applicant: Hazkem Pty Ltd

Land: 20 High Street, MARONG 3515

Zoning: Commercial 2 Zone

Road Zone 1

Overlays: Environmental Significance Overlay 1 (located outside area of proposed works)



23 July 2013

Key considerations: Whether the proposal is appropriate use of the land

The impact of the proposal on traffic safety

The impact of the proposal on the amenity of the area.

Conclusion: The proposal is an appropriate use of commercial land which will not create a traffic hazard and will not result in an adverse impact on amenity.

Policy Context


Planning for Growth


Productivity



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Council, at its meeting on 13 February 2013, passed a motion to establish two way traffic on the eastern service road from which this site is accessed. This was contrary to a VicRoads position that the road should be one-way only. Subsequently the Minister for Transport wrote to Council indicating that he supported VicRoads' position. In light of this, Council reviewed its earlier decision and at its meeting on 23 October 2013 resolved to operate the service road as one-way.

Report


The site comprises an irregular shaped parcel of land with an area of 8,633 square metres which is currently used by a caravan maintenance company. On the site there are two single storey buildings and a small amount of vegetation. Most of the site is occupied by hard surfacing. To the south, the site is adjoined by two blocks, 16 High Street containing a single storey SES building and 14 High Street containing a toilet block. To the north of the site is a freight railway line. To the east of the site is a creek. To the west is the Calder Alternative Highway Service Road East which services High Street. The nearest residential properties are located on the opposite side of High Street approximately 60m away.

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


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Figure 2: Aerial photograph showing subject site. Proposal

The proposal is to use part of the site for a service station which will comprise the installation of an above ground diesel fuel tank and dispensing units to enable the refuelling of vehicles. The tank will have the appearance of a standard shipping container and will essentially be a self-service facility which will primarily be used by commercial vehicles but is also available to local motorists. The applicant has a number of similar facilities throughout the State and they have advised that based on the experience of other sites they would expect this facility to attract around 10 vehicles per day with the vast majority being during daylight hours. The facility will be available for use 24 hours a day 7 days a week. The land to be used will be fenced off from the remainder of the site which will continue to be used by the caravan company. To enable safe access and egress to the facility it is proposed to install a new vehicular crossover.


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Figure 3: Proposed site plan.


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

17.01-1 Business Municipal Strategic Statement

21.07 Economic development Other Provisions

34.02 Commercial 2 Zone

52.12 Service Station

52.29 Land adjacent to a Road Zone Category 1


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Referral Comment

VicRoads No objection subject to conditions

CFA No objection subject to conditions

VicTrack No objection subject to notes

EPA No response

Traffic No objection subject to conditions.

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

More traffic stopping late at night and associated noise The objection is discussed in the Planning Assessment section below. A consultation meeting was held on 23 July 2013, attended by two Ward Councillors, the applicant, the objector and another local resident. No matters were able to be resolved but the matter of Council’s motion for two-way traffic on the access road was discussed. As this would have impacted on this proposal it was agreed that officers would meet with VicRoads and the City’s traffic engineers to discuss further. This meeting was held and after further changes to the layout required by VicRoads and Council’s review of its earlier motion, VicRoads gave their conditional support for the proposal.

Planning Assessment

Is the proposal an appropriate use of the land? State and local policy planning provisions encourage development which meets the community's needs for, amongst other things, commercial services and infrastructure. As the diesel facility will be available for local motorists it will be introducing a service which is not currently available in Marong. The proposed use of the land would therefore have benefits to the community as well as wider economic development benefits to businesses that operate trucks in the region. The zoning of the land is in principle clearly appropriate for commercial services subject to consideration of important matters such as protection of amenity and traffic impact.


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There is no doubt that there could be better uses for the land in terms of employment generators given that the facility is unmanned. Moreover the site forms part of a potential expansion to the town centre of Marong as identified in the Marong Plan adopted by Council in June 2011. However, that is a long-term plan and as this is a development which is easily reversible should the economic demand for alternative uses on the site eventuate. Therefore it is an appropriate short-term use. Would the proposal have an adverse impact on traffic safety? The introduction of a diesel facility will increase the number of vehicle movements accessing and exiting the service road from High Street. However, the proposal has been assessed by VicRoads and the City’s traffic engineer and both are satisfied that vehicle movements will not have an adverse impact on traffic safety subject to conditions. In addition, the existing service road has been used as a truck stop for a number of years without any apparent serious incidents. The proposal also complies with the relevant traffic and access related clauses in the Planning Scheme. Would the proposal adversely impact on the amenity of the area? As discussed above there will be an increase in vehicular movements and this does have the potential to have an impact on residential amenity. However, there is no immediate residential interface with the site and the nearest dwellings are located around 60m away. Given that the road is a Category 1 Road Zone and therefore capable of carrying heavy volumes of traffic, it is unlikely that the limited number of trucks accessing the site will cause significant harm to residential amenity. It is of note that B-double vehicles are not authorised to use the service road. In terms of the effect of the development on the appearance of the site, currently the site has minimal visual amenity value. The introduction of the diesel tank is likely to have a neutral impact given the presence of caravans and nondescript buildings on and adjoining the site. However, the development does afford the opportunity to improve the landscaping on the site which is currently non-existent with the exception of a mature tree. It is therefore proposed to impose a condition requiring a landscape strip at the front of the site.

Conclusion

This proposal requires a balancing of net-community benefits against a potential loss of residential amenity. The benefits to both businesses in the region and local residents outweigh any minor loss of residential amenity that may result through an increase in truck and other vehicular movements.


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Options

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

Attachments

Objection

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the use and development of a service station with an above-ground diesel tank and creation of a new access to a Road Zone 1 at 20 High Street, MARONG 3515 subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Landscaping plan to accord with condition 3

2. NO LAYOUT ALTERATION

The development permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

3. LANDSCAPE PLAN REQUIRED Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: (a) A landscaped strip at the front of the site with a minimum depth of 1m. (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.

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

4. VIC ROADS CONDITIONS (a) All access to the subject land shall be left in-left out. That is, no right

movements from the service road shall be permitted into the subject land. (b) Within 3 months of the issue of this permit:

i. The accesses as shown in Drawing No. HAZ-1758-A02, Version 4, shall be designed and constructed to the satisfaction of the


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Responsible Authority. ii. Two (2) x No Entry signs shall be installed on the subject land at the

northern access facing east. iii. Two (2) x No Entry signs shall be installed on the fence at the

southern access facing west. iv. One (1) x One Way (left) sign shall be installed opposite the

southern access facing east. v. A Memorandum of Authorisation shall be completed by the

Developer and returned to VicRoads for written approval permitting and prior to the installation of all Major Traffic Control Items (e.g. No Entry and One Way signs) as part of this permit.

(c) All works shall be carried out at no cost to VicRoads.

5. CFA CONDITIONS Hydrant: (a) Operable hydrants above or below ground must be provided, and (b) Hydrants must be identified to the satisfaction of the CFA, and (c) The maximum distance between a hydrant and the rear of the Diesel Tank

must be 90m.

6. VEHICLE MANOEUVRING All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

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

8. PEDESTRIAN SIGHTLINES The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-8 of the City of Greater Bendigo Planning Scheme. Any signage must not obscure the sightlines.

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

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


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

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

13. AMENITY OF THE LOCALITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

CFA Note This permit does not alter any applicable requirement of the Dangerous Goods (Storage & Handling) Regulation 2012.

VicTrack Notes

1. All stormwater from the subject property must not enter VicTrack land but must be collected and directed to legal discharge points and;

2. No lighting is to be erected (permanent or temporary) that throws light onto the railway tracks or interferes with sight of train drivers.

City of Greater Bendigo Asset Planning & Design Unit Note

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


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

with respect to any requirements to notify the Coordinating Authority and/or seek consent from the Coordinating Authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent, to undertake any works within the road reserve as proposed in this permit.


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2.6 BENDIGO AIRPORT - IMPROVING ITS FINANCIAL SUSTAINABILITY


Authors Stan Liacos, Director City Futures Rachel Lee, Manager Major Projects

(in association with the Bendigo Airport Advisory Committee) Responsible Stan Liacos, Director City Futures Director

Summary / Purpose Without new infrastructure investment and redevelopment works, Bendigo Airport will continue to encounter serious shortcomings including the inability to attract new business and revenue sources, and will fail to support the economic development requirements of a dynamic growing Greater Bendigo and region. While the City continues to attract collaborative funding support to enable the long-awaited redevelopment and expansion of Bendigo Airport, there is nonetheless an ongoing need to operate the airport in a responsible business-like manner. The purpose of this report is to provide Council with a consideration of realistic options available to help improve the financial performance of Bendigo Airport.

Policy Context

Council Plan 1.2 Significant projects that will transform the City over time are completed as planned.

1.2.7 Continue planning for Bendigo Airport redevelopment (airport and

Business Park) by finalising the Planning Scheme Amendment and lodging funding submissions.

Council Policy - Leases policy adopted March 2011


The redevelopment of Bendigo Airport is a high-priority commitment enshrined in both the Council Plan 2013-2017 and the Loddon Mallee (Southern) Regional Strategic Plan. The purpose of the proposed airport redevelopment is to:

Encourage more air transport services and linkages to establish and operate from the airport for the economic, tourism and recreational benefit of the region;


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Provide for greater employment generation at the airport and surrounds;

Enable the continued operation of regional emergency services from the airport;

Place the on-going management and viability of the airport on to a more financially sustainable footing.

In summary, the proposed redevelopment of the airport involves:

Development of a 1,600 m x 30 m high-standard runway and associated taxiway and lighting infrastructure (note: the existing 1,100 m x 18 m runway is sub-standard and unable to meet the growing demands and needs of a city the size and nature of Greater Bendigo and region);

A significantly increased supply of aircraft hangars for lease and use at the airport; and

Development of a commercial Business Park within the confines of the airport. The following important initiatives have recently been implemented to enable redevelopment at the airport to take place:

The purchase of three large abutting parcels of land that are needed to enable the physical expansion of the airport and specifically the planned new runway (cost apx. $1.4m);

Detailed runway design (ready for construction);

Detailed Business Park design (ready for construction);

The attraction of a $5 million matching investment pledge by the Victorian Government towards upgrading “aviation related” infrastructure;

Dedicated hangars/aircraft storage area designed, tendered and now under construction; and

Combined Planning Scheme Amendment and Planning Permit Application now lodged (necessary to provide the statutory approvals necessary for the proposed redevelopment).

The only two remaining matters necessary to enable development of the new runway and associated infrastructure are:

The attraction of matching collaborative Federal Government funding support (anticipated in 2015); and

Adoption of the necessary Planning Scheme Amendment and Planning Permit approval (subject to Council support - anticipated in late 2014).


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Without major reinvestment and redevelopment works, Bendigo Airport will continue to encounter serious shortcomings, including:

Inadequate aviation infrastructure to service Bendigo and region;

Failing aviation infrastructure compromising safety and growth; and

The difficulty in attracting new businesses to the airport given the fundamental lack of utility services and availability of “leaseable” or freehold subdivided land at the airport.

Regardless of the proposed redevelopment and expansion, it is imperative that the airport as it currently exists continue to operate in a safe, progressive and financially sound manner and continue to be adequately maintained and able to attract and host new businesses as required. In this regard, in the last few years we have overseen the following important initiatives:

Adoption of a Strategic Master Plan;

Improved fencing, line-marking, signage and main road entrance;

Comprehensive property leases audit;

Adoption of a new leases policy regime that now encourages and provides far better business certainty and investment attraction ability than what had previously existed;

The attraction of MyJet - a new $1,800,000 investment providing corporate jet and other aircraft charter services to and from the airport (and indirectly the retention of an important business for Bendigo – Country Vet);

Reclamation of the former Airport terminal building (now refurbished as the base for a proposed airline passenger operation);

Improved aviation compliance inspections and operational procedures; and

The signing of several new leases for aircraft hangar storage at the airport. Current Activity Levels There are currently 36 tenants at the Bendigo Airport including MyJet, Victorian Air Ambulance, DSE Airbase, Goulding Airmotive, Bendigo Aviation Services, GoldAir, Bendigo Flying Club, and various business and recreational private hangar tenants. Bendigo Airport directly supports an estimated 50 jobs (most of which are associated with government emergency services, MyJet, charter services and flight training), and has up to 30,000 aircraft movements per annum. Airport activities typically include charter flight services, flight training, emergency services, private business commuter and recreational activities.


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Bendigo Airport is increasingly being used for a variety of charter transport services to and from Bendigo. Anecdotal evidence suggests the bulk of charter activity is to and from destinations including Mildura, Adelaide, Sydney, Tasmania and other regional cities and towns across south-eastern Australia. Historical data tracking aircraft movement activities has regrettably not been collected until recently. We have only commenced formally collecting data since the end of 2011. Operational Costs - 2013/14 The operating costs for the airport are projected to be approximately $360,000 in 2013/14, comprising airport management salaries and associated on-costs, regular safety inspections and audits as sanctioned by CASA, airport administration, buildings and grounds maintenance. Forecast commercial revenue in 2013/14 is $100,000. Forecast municipal rates from leased properties within the airport are approximately $24,000. Therefore, the net annual operating cost is projected to be in the order of $236,000 per annum. At the moment, Council's only sources of revenue to help cover the cost of administering, operating and maintaining the airport are rental (lease) fees from private (non-government) tenants, municipal rates and to a small extent a "Common Area Levy” (body corporate style fee) for all new leases signed since 2011. Rentals at the airport are based on either a proportion of property valuation (for historic leases) or as a determined proportion of notional comparable industrial values in East Bendigo in proximity and adjusted to reflect the availability or otherwise of utility services and direct access to runway and taxiway infrastructure. It is worthy of note that Victorian Government emergency service operators at the airport (i.e. Air Ambulance Victoria and the Department of Sustainability and Environment) do not pay rent on their establishments through prior agreement with Council. Common Area Levy fees are paid per rental property according to whether they are situated in either the Standard (un-serviced) Hangar Zone ($250 per annum), Commercial Zone ($500 per annum) or Premium Aviation Zone ($800 per annum). Concerns with the Common Area Levy Several lease holders at the airport have expressed concern with the alleged "unfair" imposition of a Levy for all new leases introduced since 2011. They argue that it is unfair to impose such a levy only on those with property leases at the airport and not those people with actual aircraft parked at the airport or who use the airport but who do not have leased premises. We believe that there is some validity to this criticism. It is therefore considered prudent to investigate additional alternative sources of revenue to help spread the operational net-cost burden of operating the airport more widely than present. Notwithstanding, it is considered that the Levy is modest in nature and a fair and reasonable means to help raise at least a small portion of the funding needed to safely operate and maintain the airport.


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Realistic options for additional revenue sources In March 2011, Council adopted a new leasing policy aimed at providing more commercial underpinning and investment certainty for lease holders, operators and investors at the airport. Since the adoption of this policy, the airport has seen more private-sector financial investment in the airport than in the previous twenty years combined. Before the new leases policy was adopted revenue levels were about $54,000 per annum. Revenue from leases is forecast to be about $100,000 in 2013/14. Additional sources of revenue are many and varied and realistically include the following options: A. More properties for lease It would be prudent to significantly increase the number of aircraft storage hangar and commercial development allotments available for lease at the airport. This is set to take place in-part anyway within the next twelve months through construction of a designated (25-allotment) new hangars zone which is currently underway. Doing so would not only increase revenue opportunities, but importantly also encourage new investment and job creation at the airport. Prudent implementation of the additional hangars over the next few years would not only help meet growing consumer demand but would also likely generate between $50,000 - $60,000 additional revenue per annum within 3-5 years. In the future, the proposed development of a commercial Business Park would provide significantly additional annual commercial revenue streams for Council, (through both lease income and/or freehold sales), as well as business prosperity and job creation. B. Increase Rent

It may be prudent to evenly and progressively over time increase rent levels at levels marginally greater than the rate at which costs are increasing each year over the next few years, although clearly this would need to be done in a fair and reasonable way and within the legal framework of existing lease contracts that are already in place. Doing so would help to some extent reduce the net cost of operating and maintaining the airport on the Greater Bendigo community generally. This initiative is recommended but when all said and done would only likely raise in the order of an additional $2,500 - 5,000 per annum within the next few years. Another review and analysis of all existing leases is currently underway with the aim being to ensure that all market rent reviews are actually being implemented.


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C. Aircraft Parking Fees

It may be prudent to introduce an annual Aircraft Parking Fee for aircraft parked at the airport that are not otherwise situated within the confines of an existing lease boundary for which rent is already paid, although exclusions would need to be made for aircraft that are only parked for relatively short periods and emergency services.

At this point in time, it is uncertain how much additional revenue this is likely to raise given the extra administration associated with implementing any such scheme. It would not be unreasonable however to assume that such a scheme could plausibly generate about $5,000 - $10,000 per annum (net). An audit is being undertaken to assess current long and short-term aircraft parkers. This will assist in the next step of determining how parking might physically work on the site and any potential revenue that could be generated. D. Annual / General Fee An alternative to introducing a “parking fees” scheme may be to introduce a more broadly-based Annual/General Fee charged on all regular users of the airport. At this point in time, it is uncertain how much additional revenue this is likely to raise given the extra administration associated with implementing any such scheme, although it would not be unreasonable to assume that such a scheme would likely generate also about $5,000 - $10,000 per annum (net). E. Landing Fees

Consideration may be given to the merits or otherwise of introducing landing fees for each all aircraft "movements" at the airport. Whilst in many respects this would seem to be an optimal form of "user pays", this initiative would admittedly be expensive and administratively complex to administer and may seriously discourage usage and investment at the airport given there are no such fees at any comparative regional airports in Victoria. For this reason, this initiative is not recommended. F. Passenger Fees

This would typically involve the introduction of a “per head” fee levied on each Regular Public Transport (RPT) passenger movement at the airport as is currently the case with airports such as Mildura, Albury and Hamilton. This may only be worthy of consideration in the future, as we do not as yet have a RPT service in operation.


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What happens at other comparable airports? There is no point in comparing what far more substantive major airports in Victoria do in terms of operating on a profitable basis. These airports include Melbourne, Avalon, Moorabbin and Essendon Airports. These airports typically raise revenue beyond their operating costs from substantial and major aircraft movements, substantial commercially lucrative non-aviation property leases, car parking fees and other charges. Although no other Victorian regional airport appears directly comparable to Bendigo Airport, it is nonetheless interesting to note the following comparative revenue sources (other than municipal rates) at other pertinent regional airports in Victoria:

Albury / Wodonga Aircraft parking fees, car parking fees, passenger and landing fees and lease rents. This airport is far more developed than Bendigo Airport and currently serves a more substantive role for its regional community than what our airport currently can.

Bacchus Marsh Annual/General fees, lease rents and (in-part) landing fees.

Ballarat Generally comparable to Bendigo.

Echuca Combination of lease rents and some freehold property.

Hamilton Lease rents and a RPT per passenger fee.

Horsham Annual fees and lease rents.

La Trobe City The most comparable airport to Bendigo Airport - includes lease rents and levy fees.

Mildura Annual fees, RPT passenger fees, landing fees, car parking fees and commercial leases. This airport is far more developed in nature than Bendigo Airport and currently serves a far more substantive role for its community than what our airport currently can.

Warrnambool Lease rents only.

Swan Hill Lease rents only.

Wangaratta Lease rents only.


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Resource Implications and Conclusion Bendigo Airport currently operates at a recurrent net subsidy of about $236,000 per annum. This is generally understood to be broadly similar to other comparable airports and communities in regional Victoria. Despite the ongoing public service net cost (subsidy), it is important to recognise the imperative community emergency services and economic development function that the airport currently performs. Notwithstanding, it would nonetheless be prudent to progressively over time reduce the net cost of operating the airport and to do so in a responsible business-like manner. There is a willingness from airport management to do so although it will require unwavering policy support from Council. This policy support includes the following key considerations:

Prompt completion of Stage One (Private Hangars Area) of the airport that is currently under construction and its pro-active leasing;

Continued planning and advocacy for the ultimate redevelopment and expansion of the airport – desperately required in order to attract new investment and to serve a growing dynamic Greater Bendigo and region;

Endeavouring to limit operating expenditure growth at and for the airport to levels at least two percentage points less than the rate of revenue growth each year;

Undertaking a detailed examination of introducing Aircraft Parking Fees (or an Annual General Fee) for all aircraft / aircraft operators at the airport as a potential and fair new revenue source.

Assuming the responsible implementation of these considerations, we are confident that we can progressively reduce the operating net cost of the airport as illustrated in the two graphs below:


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RECOMMENDATION That the Greater Bendigo City Council support the range of initiatives and principles outlined in the body of the report that aim to progressively reduce the net operational cost of Bendigo Airport in a progressive and reasonable business-like manner over the next five to ten years.

Liveability – Reports Ordinary Meeting - 05 March 2014

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3. LIVEABILITY

3.1 RESPONSE TO PETITION: WOLSTENCROFT RESERVE


Author Brett Martini, Manager Engineering and Public Space Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

This report responds to the petition tabled at the Council meeting on 22 January 2014 by the Wolstencroft Area Action Group (WAAG).

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017:

Theme: 2 Liveability

Strategic Objective: 2.3 Open space and recreation facilities are well designed, extensively used and well maintained.

Wolstencroft Street Park Land Master Plan 2008:


At the meeting of Council on 22 January 2014 a petition was tabled as outlined below: “We the undersigned residents and ratepayers of Greater Bendigo City Council formally request Council to:

provide the results of all soil testing conducted at the site and an explanation on how this and any new proposed soil testing will influence the park’s development;

acknowledge whether funds have accrued, and/or are likely to accrue, from any development infrastructure levy or community infrastructure levy in accordance with any local development contribution plans which should/could contribute to the park’s development; and

acknowledge the inclusion of the Wolstencroft Parkland in the recently adopted Public Health and Wellbeing Plan is a true reflection of this Council’s commitment to act in the interests of the wider community and allocate an appropriate level of funding to commence stage 1 of the Wolstencroft Park Masterplan in the 2014-15 budget."


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Signatures - 236

Report

The Wolstencroft Parkland Master Plan was adopted by Council in June 2008. The land is zoned Residential 1 and has an Environmental Audit Overlay and Environmental Significance Overlay due to the former use of the site as a brickwork and subsequent filling with waste. As a result of these overlays, development of the site requires the issuing of a statutory statement or certificate of environmental audit. Preliminary site testing was undertaken in 2008 and 2009. Further testing was identified as being required however due to changes in priorities this has not been completed. At the Forum meeting of 19 February 2014, Council gave in-principle approval to proceed with the required additional testing and to the allocation of the necessary funds from the Waste Rehabilitation Reserve for this purpose. A tender is anticipated to be awarded for this work shortly and test results are expected in early May 2014. These results are intended to allow the determination of the remediation works required to enable development of the site however the need for further testing or ongoing monitoring may also be identified in this process. Council will be provided with an update on this matter once the results have been obtained. The petition specifically requests three pieces of information. Responses to these requests are as follows: 1. Previous soil test results can be supplied however it is suggested that of more

relevance will be the results from the testing to be conducted in the coming two months. As indicated above, this further testing will allow the City to understand what if any further testing and/or remediation is required to enable development.

2. There are no development contribution plans in the area however Council’s Open

Space Reserve is available for the upgrade of open spaces across the municipality. 3. The Wolstencroft Park Master Plan is identified in the Public Health & Wellbeing Plan

along with a number of other open space Master Plans. The funding required for development at Wolstencroft will depend upon the test results expected in early May. The development of the 2014/15 budget will be well advanced by then however it will not have been adopted and Council may wish to consider a late budget bid at that time.


Extensive consultation was undertaken in the development of the Master Plan and the WAAG remains active in lobbying for the implementation of the plan. Council received a presentation from the WAAG in mid-2013.


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Further testing of the site as currently proposed has an estimated cost of approximately $60,000 and will be funded from the Waste Rehabilitation Reserve. Should additional testing be required then a further briefing will be provided to Council for consideration. The estimated cost of the Wolstencroft Master Plan at the time of its adoption in 2008 was approximately one million dollars. Staging of the plan is possible however it is suggested that a full understanding of the possible site rehabilitation is needed before any such works are contemplated.

Conclusion

Whilst the Master Plan for the Wolstencroft site was adopted in 2008, implementation has not proceeded due to uncertainty about the cost and scale of works required to rehabilitate the site and other works across the city receiving a higher priority in Council’s budget process. Council’s decision on 19 February 2014 to proceed with further testing of the site is expected to address the uncertainty about rehabilitation obligations for the site. The relative priority of implementing part or all of the Wolstencroft Master Plan will remain a matter for Council’s ongoing consideration in future budgets.

Attachments

Nil.

RECOMMENDATION

That Council having considered the petition from the Wolstencroft Area Action Group and the questions asked therein advise the petitioners that: 1. Additional testing to establish the rehabilitation requirements for development of the

site is currently being arranged and the results are expected in May. A copy of these results will be provided in due course.

2. Developer contributions for the Wolstencroft site do not exist however the City does

maintain an Open Space Reserve fund for such works. 3. Wolstencroft Park is one of several open space areas identified in the Public Health

& Wellbeing Plan however all such works must compete for priority on an annual basis through the budget process.


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3.2 2013 GARAGE SALE TRAIL - EVALUATION


Author Glynn Jarrett, Community Development Officer Deb Simpson, Coordinator Connecting Communities Responsible Pauline Gordon, Director Community Wellbeing Darren Fuzzard, Director Presentation and Assets Directors

Summary/Purpose

For Council to consider the outcomes achieved through participation in the 2013 Garage Sale Trail program and the merit of future Garage Sale Trail program participation.

Policy Context

Council Plan Reference: This report is consistent with Council Plan 2013/17 Strategic Objectives 2.1: People feel connected to their community and 4.2: Reduce all waste to landfill.


‘Garage Sale Trail’ is a nationwide program that aims to promote community connections, provide a platform for fundraising and reduce waste to landfill by supporting individuals and community groups to conduct garage sales on a common date. In 2013, the nominated date was Saturday 26 October. The program offers ‘sellers’ free registration and promotion of their garage sale via the program’s website. The program also offers ‘buyers’ free registration and the opportunity to plot which garage sales they would like to visit based on locality, items for sale, etc. Previous Council Decision(s) Date(s): Council resolved to incorporate the Garage Sale Trail registration fee of $12,500 within the 2013/14 budget.

Report

According to state-wide 2013 Garage Sale Trail program statistics, the City of Greater Bendigo (CoGB) achieved the eighth highest number of registered garage sales out of the 24 participating Victorian municipalities. Within Greater Bendigo alone, 74 garage sales were registered, compared with 101 and 10 respectively in the other participating regional centres of Greater Geelong and Ballarat.


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To stimulate participation within the Greater Bendigo community, a multi-faceted 2013 Program communication and marketing plan was jointly developed and implemented by staff from CoGB’s Community Partnerships, Communications and Media and Sustainable Environment Units. Effective communication and marketing strategies included CoGB’s Community Partnerships staff working closely with a range of individuals and community groups to build their awareness of the 2013 Program and its potential benefits, thus enabling them to become 2013 Program ‘champions’ within their respective communities / networks. Such champions included Greater Bendigo’s five Neighbourhood Houses. In addition to CoGB’s paid 2013 Program advertising that formed part of the communication and marketing plan, a number of local media outlets also provided significant ‘free’ coverage. Whilst some of the free coverage may have been motivated by the allure of an associated increase in paid classified advertising pertaining to garage sales, it certainly assisted in building community awareness of the 2013 Program. Of the 74 garage sales that were registered within Greater Bendigo, 17 were conducted by community groups. The outcomes achieved through the community groups’ participation varied: for some it was an opportunity to showcase the range of programs and services they offer and attract new members, to build volunteers’ leadership / project management capacity and / or to fundraise. One of the success stories of the day was the Golden Square Fire Brigade. In the lead up to Saturday 26 October 2013 The Bendigo Advertiser reported that the Brigade aimed to fundraise $200 towards a new storage shed through its participation in the 2013 Program. The following Monday The Bendigo Advertiser reported that the Brigade had in fact raised in excess of $2,000. The Bendigo Sustainability Group (BSG) also reported as follows regarding its participation in the 2013 Program. Positives:

BSG attained a great deal of free complementary media coverage leading up to the initiative.

Many BSG members used the initiative as an opportunity to ‘de-clutter’ their homes and subsequently donated goods to BSG to place in the sale.

More than 250 people passed through the BSG’s garage sale.

BSG processed over 160 garage sale transactions which generated over $1,700 in revenue.

Two families and three individuals became new BSG members as a direct result of the initiative.

BSG feels the initiative made a contribution to the Bendigo community becoming a more engaged and sustainable one.

Challenges:

BSG had left over food and drinks following the garage sale due to lower than anticipated number of people passing through. This is an out of pocket expense that BSG will have to cover.


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The 2013 Program provided a garage sale ‘launching pad’ for many of the sellers. Of the eight community group and eight private garage sales that a staff member visited on the day, seven of the community group sellers and three of the private sellers had never conducted a garage sale before. Many of the garage sales visited by the COGB officer reported disappointment in the level of patronage even though it had been widely publicised. Whilst there are some ‘tips for success’ sheets available on the Garage Sale Trail website, it was clear that many of the sellers had not accessed them. If CoGB is to participate in future Garage Sale Trail programs, an improvement opportunity could be to incorporate tips for success into any associated communication and marketing plan. A number of buyers reported that they found the mapping technology offered by Garage Sale Trail difficult to use on their mobile devices (e.g. mobile phone). The mapping technology did not have a ’zoom in’ functionality, rendering it quite ineffective as a navigational tool. A number of buyers commented that having a hard copy map with all of the garage sales plotted on it would have been more useful to them. It is not possible to quantify how much waste to landfill was prevented through participation in the 2013 Program.


To stimulate participation within the Greater Bendigo community, a multi-faceted 2013 Program communication and marketing plan was jointly developed and implemented by staff from CoGB’s Community Partnerships, Communications and Media and Sustainable Environment Units. Effective communication and marketing strategies included CoGB’s Community Partnerships staff working closely with a range of individuals and community groups to build their awareness of the 2013 Program and its potential benefits, thus enabling them to become 2013 Program ‘champions’ within their respective communities / networks. Such champions included Greater Bendigo’s five Neighbourhood Houses.


The overall cost of CoGB participation in the 2013 Program is estimated to be $20,000. This includes the Garage Sale Trail registration fee of $12,500, paid advertising fees of $2,700 that formed part of the communication and marketing plan and Officer labour time. Budget Allocation in the Current Financial Year: $12,500. Any known or anticipated variance to budget: The 2013 Program related paid advertising fees were able to be accommodated within the broader Community Partnerships Unit budget hence there will be no associated expenditure variance.


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Conclusion

Whilst the feedback received from the 2013 Garage Sale Trail program participants indicates that the program had some positive impacts for community connectivity and for community group fundraising efforts, it is not possible to quantify how much waste to landfill was prevented. The estimated total cost to City of Greater Bendigo for participation in the 2013 Program is $20,000. The $12,500 Garage Sale Trail registration fee makes up a substantial proportion of this total cost. Given that City of Greater Bendigo is currently in the process of developing a Waste and Resource Management Strategy, it may be that the Strategy will identify other more effective ways to prevent waste to landfill given a $20,000 level of investment. One of City of Greater Bendigo’s Community Partnerships Unit core ongoing focuses is building community connectivity. The Unit also has the capacity to facilitate periodic workshops focused on developing community group fundraising knowledge and skills, independent of the Garage Sale Trail program.

Attachments

Nil.

RECOMMENDATION

That Council consider the recommendations and associated resource implications arising from the Waste and Resource Management Strategy prior to investing further resources into future Garage Sale Trail program participation.


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3.3 COUNCIL PLAN 2013-2017 SECOND QUARTER REPORT TO DECEMBER 2013


Author Dr Lyn Talbot, Corporate and Community Planner Responsible Prue Mansfield, Planning and Development Director

Summary/Purpose

The purpose of this report is to provide a second quarter report on the 2013-2014 action plan from the City of Greater Bendigo 2013-2017 Council Plan. It was anticipated that this report would be produced earlier and from the Interplan reporting software program, however the roll-out has been held-over until the next reporting period to allow sufficient time for testing and for an uninterrupted staff training period. Because of the extended reporting period, many of the updates reported here include actions that have been progressed since December 2013.

Policy Context

The Council Plan 2013-2017 was adopted by Council on 19 June 2013. The Council Plan identifies the key issues to be pursued by Council over the next four years to address the community’s needs and aspirations and its own organisational activities. The measurable commitments set out in the actions in the Council Plan are based on a yearly basis and generally relate to those activities which are above and beyond daily service provision. The Council Plan is based around five broad themes, each with a number of strategies. Each strategy has actions that are relevant for the current year. The five themes and strategic objectives are: 1: Planning for Growth

2: Liveability

3: Productivity

4: Sustainability

5: Good Governance and Decision Making


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In accordance with Section 125 of the Local Government Act 1989, regular reporting about service delivery and performance is an obligation to Council and community members.

Report

Highlights for this period include: 1: Planning for Growth

Updates on City of Greater Bendigo projects have been provided during meetings with Federal and State Politicians. During this quarter, meetings have been held with local Federal and State Politicians - Mr Damian Drum, Hon Jacinta Allan, Senator Bridget McKenzie and Ms Maree Edwards. These and a range of other opportunities are used to lobby political leaders and department staff to secure external funding for key priority projects and services.

Bendigo Library opened to the public on 28 January, 2014 and the Official Opening was held on 8 February, 2014. The project was completed on budget and ahead of schedule.

The re-development of the Bendigo Art Gallery is progressing as planned. The whole project will be completed towards the end of the year, and the new exhibition space will be opened in March 2014.

Documentation for the Marong Business Park is currently being reviewed by the State planning department in preparation for next steps in the process.

The Ulumbarra Community Theatre was named after a public competition. The construction program and design for the streetscape are well underway.

Planning for the Kangaroo Flat Aquatic Centre has progressed with completion and public release of the schematic design. Preparation of planning documentation is nearing completion and advocacy for funding is continuing.

The draft Hospital Precinct Structure Plan is currently being prepared. Public display is to be held in April 2014.

The project funded by the Victorian Government to leverage maximum local economic and social benefits arising from the transitional new hospital development has been successfully completed.

The Planning Scheme Amendment and permit documentation has been lodged for the Bendigo Airport Upgrade.

Implementation of Bendigo Botanical Gardens Masterplan has progressed with completion of the playspace. Consultants have been appointed for detailed design of gardens for the future.

Implementation of the Canterbury Gardens Masterplan has continued with completion of the design documentation and a tender for the works to be circulated soon.

The final draft of the Residential Development Strategy is being considered by the Steering Committee and will then be reported to Council and released for community comment.

Final preparation is underway for the Bendigo Wellbeing Survey 2014 which will be undertaken during February 2014. A draft report will be available in April 2014.


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The CEO is a member of the group developing the Regional Growth Plan - Transport and Infrastructure Priorities Project. The Transport Priorities document will be used to develop and advocate for projects for the improvement of regional transport infrastructure. State and Federal politicians will continue to be informed of the progress of this and other infrastructure projects within the municipality and across the region.

Documents are being prepared for the Eaglehawk Structure Plan Planning Scheme Amendment. These will be submitted to the Minister for Planning to seek authorisation to exhibit the amendment.

The Bendigo Landscape Project - Big Hill & Mandurang Valley Significant Landscape Overlay Planning Scheme Amendment documents are being prepared and will be submitted to the Minister for Planning to seek authorisation to exhibit the amendment.

2: Liveability

Revised Community Plans for Redesdale and Mia Mia have been completed and launched. The community consultation activities in Raywood are underway. The revised plan at Marong is being written.

Activities and events held in the Hargreaves Mall and other CBD public spaces have increased over the quarter and the festive season. Events and activities have been held in the spaces, on average, every 2.5 days.

Concept options for the Rosalind Park Masterplan have been completed. Community consultation is being conducted during February 2014. The preferred concept will be considered by Council in March 2014 with overall completion expected by August 2014.

Implementation of the Play Space Strategy is progressing including completion of design for the McIvor Forest site following community consultation. Installation will commence in next quarter. Peppercorn Park design is underway with installation expected in the 4th quarter. Strathfieldsaye design is complete, and a budget bid has been made for 2014/15.

A pro-active tree Management and Maintenance Contract for trees managed by the City is being compiled. Discussions are being conducted with other bodies regarding the possibility of having a "shared services" contact arrangement in place. The implementation of the contract is subject to having available funding in the 2014/15 financial year.

The tree planting plan for the CBD and across the municipality is currently being finalised.

Continued progress has been made to extend cycle and walking path links and footpaths to commercial centres, recreation facilities and schools with completion of design and approvals for the Back Creek path with construction next quarter. A report is being prepared for Council consideration in next quarter on other priority projects.

The yearly program of priority works to ensure universal access for everyone to buildings, paths and crossings has been prepared.

Work on the extension of the O’Keefe Rail Trail is continuing with a contract awarded for the Mt Ida Creek crossing. Approvals have been granted and a plan is in place for construction of an underpass of McIvor Highway at Axedale. A report is being prepared for options for the route through One Eye Forest at Heathcote.

Priority actions from the Health and Wellbeing Pan have been incorporated into the work plans for relevant staff members.


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In the Healthy Together project, 60% schools and early childhood services are now registered to the Achievement Program (target 95% by end June 2015).

Public health surveillance this quarter has included 139 health premise inspections completed (267 registered), 270 other premise inspections have been undertaken, with 186 follow up inspections for non-compliance or routine (905 registered premises), 73 food samples (196 required have been taken), 182 Notifications of Class 4 (prepackaged food) premises have been completed, 682 Statements of Trade for temporary events have been processed, 103 public health nuisance complaints have been investigated , 48 food complaints investigated, 349 Local Law complaints investigated, 30 water quality tests have been taken of urban lakes and 13 water quality tests for public swimming pools.

An application has been submitted for an additional 67 pre-school places in Strathfieldsaye.

A number of strategies have been put in place arising from the Aged and Disability Services Review, including the HACC Assessment Service being brought back in-house from 1 January, 2014; Community Chef was contracted to supply meals for the Food Services Program; Veterans Assessment Service was outsourced by the Loddon-Mallee Local Government Area Consortium and negotiations are underway to transfer Community Aged Care Packages back to the Loddon-Mallee Local Government Area Consortium.

The planned review the City's role in delivery of Early Years Services, including Maternal & Child Health and immunisation will not progress in the near future because the significant resources this would entail are not available.

The project to investigate emergency and social housing models to improve the emergency housing stock in Greater Bendigo is progressing with a review of existing Heathcote housing stock. The Dower Park Caravan Park will cease operation in March 2014 following a staged closure process.

Opportunities for participation in diverse arts and cultural activities across the municipality included:

o 2013 Children’s Art adventure in Rosalind Park Conservatory attracted nearly

2,000 visitors.

o Dudley House Community Hire Subsidy and Theatre Performance Subsidies

programs for 2013 were completed (audience for Theatre performances was the highest since this program began – averaged 80 per performance).

o Allan’s Walk Artspace 2013 program featured 13 community art exhibitions.

o Pilot Cushion concert with Millie Heinrich, attracted an audience of around 70 pre-

schoolers and their carers.

o Temporary Public Art Commission completed in Chancery Lane.

The Capital program has been finalised for 2014 including the Morning Music and Season brochures. Successful launches of each program were held in November with excellent feedback and bookings.

Activities to conserve, interpret and increase activity and use of important Bendigo venues, including the Bendigo Town Hall and The Capital have commenced with development of a strategic marketing plan.

The Capital Works program for recreation and open spaces is progressing as planned with the QEO audio upgrade complete and Epsom Safety works significantly advanced.

Work on the splash park at Long Gully is progressing slower than planned. Site analysis is near completion and contractor advice has been obtained regarding requirements.


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3: Productivity

Stage 2 of the Integrated Transport & Land Use Plan project, identifying the Vision, is complete. The draft consultancy tender brief to undertake research and community engagement for stages 3 & 4 is under review by members of the Reference, Technical Working Group and Steering Committee.

Tourism marketing has been working with Bendigo Art Gallery to promote the current exhibition "Modern Love" using TV and Cinema Advertising as well as print in major regional and Melbourne papers and niche magazines. Currently, Bendigo Regional Tourism is working on a Food and Wine App for the region. This should be completed by the end of March, 2014.

The Summer in the Parks brochure was circulated across Greater Bendigo. Participation has been excellent considering the weather conditions.

Bendigo Regional Tourism is currently working on a ‘tracks and trails’ strategy which will develop a comprehensive overview of cycling and walking trails.

Preparation of an updated shopping and dining guide has not yet commenced.

Funding support has enabled staff to continue the Goldfields Horizons Project to provide better links between school education and employment needs. External sponsorship is still being sought.

A joint marketing project between La Trobe University, Bendigo TAFE, Bendigo Senior Secondary College and the City of Greater Bendigo to encourage overseas students to undertake studies at the Bendigo Campus is expected to be a catalyst for expansion of courses in 2014 and beyond. There has been no further progress on the project to deliver natural gas to Marong and Heathcote.

Pool blankets have been installed and pump retrofits completed at the Bendigo Aquatic Centre. A City energy efficiency project website has been established.

The White Hills & East Bendigo Heritage Study will not be complete until 2014/15, due to an increase in the number of heritage properties identified in stage 1. The planning scheme amendment process will follow completion of the study.

The Bendigo Heritage Awards are now a biennial event, with the next one being run in the 2014/15 year. During 2013/14 a heritage education program will be run.

4: Sustainability

Contracts for road resealing have been let for works to be undertaken in the next quarter. Gravel road re-sheeting is underway and road renewal projects are under construction.

Design is complete for the East Bendigo Link Road (Rohs Road) to improve freight movements and is currently awaiting DEPI approval, with construction to follow.

Major drainage projects have been completed at Chum Street, Golden Square; Cairinini Court, Harley Street, Strathdale; and Rathbones Lane, Maiden Gully.

Independent audit and security assessment of major Council building assets has been completed with a list of recommendations for security improvements and actions. A budget for 2013/14 has been approved to commence high priority works.

There is no change in progress with the undertaking of ongoing property accessibility audits due to increased workloads and priorities to deliver capital projects and other service level requirements. The property audits are expected to commence early March and be on going.


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A partial review has been conducted around the fire prevention inspection process with improvements made which have resulted in improved compliance with fire prevention notices.

The background flood study to inform the Planning Scheme Amendment for the Bendigo Flood Study has yet to be completed and this is being conducted by Engineering and the NCCMA. It is expected that the Planning Scheme Amendment will not commence until at least July 2014.

The Mitchell Street streetscape works were suspended over the Christmas period and have now recommenced. The City is now taking the lead on finding Real Time bus technology solutions. Bus shelter design is progressing well to allow implementation with Real Time information in 2014/15. The proposed bus shelter facility is progressing well with significant input from user groups.

The project plan to implement a bulk change of street lights to energy efficient globes as part of the Lighting the Regions project is awaiting Federal Government approval.

5: Good Governance and Decision Making

A Project Coordinator has commenced for the Independent Review Implementation who is coordinating responses to the recommendations and providing reports to the Committee.

The Municipal Association of Victoria advised that a number of Defined Benefit Scheme discussions have been held between the Hon Jeff Kennett AC and the MAV. MAV have confirmed that Cr Peter Cox has been appointed as the City of Greater Bendigo representative on the Defined Benefit Taskforce.

City staff have identified 7 properties as being surplus to requirements with 3 currently on the market and 4 still being processed. Procedures and Policies have been developed and implemented and further reviews of potentially surplus properties will be undertaken.

The new Project Management Manual has been adopted and published to all staff via the CoGB Intranet. Training for staff to assist in utilising the manual has started and will continue as part of the annual training calendar.

The project to review the Community Engagement Policy and Framework 2011 is being considered as part of a 'package' of related recommendations from the Independent Review Committee.

The Enterprise Bargaining Agreement meetings to discuss the log of claims recommenced in January 2014.

The scope of the project to review the corporate approach to injury management and return to work is being finalised.

In relation to the impact of the State Government shifting the responsibility or reduction in funding to the City of Greater Bendigo, before the City of Greater Bendigo agrees to continue to fund service delivery or fund new services. Examples in active discussion include: responsibility for levy banks and waterways; requirements for integrated water management and the implications of the National Disability Insurance Scheme.

Works have commenced in the review of all user fees and charges to achieve transparent decision making in the setting of fees. Finance has met with the Planning and Development Directorate to align the Directorates’ users fees and charges with the policy.


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The Procurement Action Plan to be updated. A review of current work carried out and reports issued is to be considered internally before committing funds to engage a Consultant to create an updated plan.

Priority/Importance: Reporting on progress towards completion of Council Plan actions is important for Councillors and community members because of the ongoing commitments to comprehensive reporting and the links to previous budget decisions. Regular reporting is also a legislative requirement of the Local Government Act. Timelines: This report is later than anticipated because of the transition to the new reporting software data management and reporting software, Interplan. It is anticipated the next quarterly report will back on schedule. Progress: This is the second quarterly report for the 2013-2014 actions in the Council Plan. Significant progress on most actions has now been made. Risk Analysis: Risk analysis will be undertaken with regards specific projects, as a normal part of project planning.


Items that are included in the Council Plan are also considered in budget planning for the same period. Where external funds are sought or available this is documented.

Conclusion

This second quarter report for the financial year provides details of many projects and activities that are in the planning phase and many more that are significantly progressed.

RECOMMENDATION

That Council acknowledge progress against the actions set out in the 2013-2014 City of Greater Bendigo Council Plan.

Productivity – Reports Ordinary Meeting - 05 March 2014

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4. PRODUCTIVITY

Nil.

Sustainability – Reports Ordinary Meeting - 05 March 2014

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5. SUSTAINABILITY

5.1 TRIAL CLOSURE OF ONE TREE HILL ROAD, SPRING GULLY


Author Brett Martini, Manager Engineering and Public Space Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

The purpose of this report is to provide feedback on the trial closure of One Tree Hill Road, Spring Gully and to recommend formal closure of the road for motor vehicles between Mandurang Road and ‘the Lookout’ car park.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017:

Theme: 4 Sustainability

Strategic Objective: 4.1 Existing infrastructure and assets are well maintained and appropriately upgraded to sustain them for future generations.


Council at its meeting on 11 September 2013 resolved to undertake a trial closure of One Tree Hill Road for a period of 3 months. A public notice was placed in the Bendigo Advertiser inviting submissions on the proposed road closure under section 223 of the Local Government Act 1989. Variable message boards were installed in the area advising of the proposed closure. On 14 October 2013 the road was closed to motor vehicles between the top of One Tree Hill (at ‘the Lookout’ car park) and at Mandurang Road.

Report

Five submissions were received during the three month trial period. Three submissions support the continuation of the closure and two oppose it.


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The submissions in support of the closure highlighted the benefits to pedestrians and cyclists. Two submissions identified an anecdotal decrease in traffic volume utilising Edwards Road and an increase in use of One Tree Hill Road for recreation purposes. Opposing submissions raised the accident history on One Tree Hill Road and outlined that the accident history on Edwards Roads is higher. This is true and works have been funded under VicRoads’ Statewide Blackspot program to address the problems on the Edwards Road side of One Tree Hill. These works are imminent and involve minor road widening, line marking and guardrail installation. In addition though, based on VicRoads official accident statistics, in the past 5 years one accident causing injury and another causing serious injury has occurred on One Tree Hill Road. The road has an extremely substandard alignment and cross section and consequently (and fortunately) attracted low vehicle use prior to the trial closure. Work to improve the safety of this section of road through widening and the installation of guard fence was considered before a decision to trial a closure was made. This option was not pursued due to: 1) the significant impact on the roadside vegetation;

2) the limited use of the road and existence of an equal or better alternative route for through traffic;

3) the cost of the works; and

4) the significant opportunity to promote increased recreational and tourism use of the closed section of road.

The two opposing submissions also raised social and historic value of the road as a scenic route and potential for use for motor vehicle hill climbs. While it is agreed that the road does have excellent scenic value, the existing condition and alignment of One Tree Hill Road is such that the City should not promote increased (uncontrolled) use of it by motor vehicles unless the extensive works previously mentioned are undertaken. Again, for the reasons outlines above, this is not supported. That said, the notion of looking to hold controlled events (whether involving motorised vehicles or otherwise) is strongly supported and is considered to be a significant opportunity created and/or made easier by the closure. At all other times it is argued that the permanent closure to motorised traffic will create far greater opportunity for enjoyment of the environmental, social, historical and recreational benefits of the area by virtue of more pedestrians and cyclists being attracted to its safer and more serene environment. Emergency access was an important consideration in the trial closure and requires similar consideration for the permanent closure. Keys to the locked gates at either end of One Tree Hill Road were provided for emergency and service authority vehicle use during the trial closure and this arrangement would continue if permanently closed. Emergency services and land managers were contacted for feedback on the trial closure and asked for suggestions on any improvements that would be required if a permanent closure proceeded. No responses have been received.


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A public notice of the trial closure inviting submissions was placed in the Bendigo Advertiser and a media release was issued following the Council meeting. Advisory signs were also erected prior to the closure. 5 submissions were received as outlined above.


The City has received funding via VicRoads under the Nation Building Blackspot Program to address the accident history on One Tree Hill Road and Edwards Road. The road safety works on Edwards Road are being undertaken in the current financial year. The cost of closing One Tree Hill Road can also funded from this project.

Conclusion

The closure of One Tree Hill Road appears to be broadly supported by the community with the 3 month trial closure attracting only 2 objections. Given the condition and alignment of One Tree Hill Road, permanent closure is considered to be the best overall approach to removing the risk of motor vehicle accidents on that road. In doing so, considerable opportunity to improve its attractiveness for recreational and tourism purposes will be created.

Attachments

Nil.

RECOMMENDATION

That Council having considered the results of the trial three month closure of One Tree Hill Road and the submissions received under Section 223 of the Local Government Act: 1. Proceed with the permanent closure to motor vehicles (other than emergency and

service vehicles) of One Tree Hill Road from ‘the Lookout’ car park at the top of One Tree Hill to Mandurang Road, Spring Gully.

2. Inform submitters and the broader community of Council’s decision.

Good Governance and Decision-Making – Reports Ordinary Meeting - 05 March 2014

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6. GOOD GOVERNANCE AND DECISION-MAKING

6.1 COUNCILLOR CONDUCT PANEL DECISION


Author/ Peter Davies, Conduct Panel Registrar Responsible Officer

Summary/Purpose

The purpose of this report is to table the Report of the Councillor Conduct Panel.

Policy Context

Council Plan Reference: Council demonstrates good governance and leadership.


An application for a Councillor Conduct Panel was made under Sections 81B(1)(c), 81B(2) and 81B(3) of the Local Government Act. A hearing was undertaken by the Conduct Panel in accordance with 81H and 81I of the Local Government Act on 21 November, 2013. The decision of the Panel was received by the Registrar and the parties to the Panel Hearing on 12 February, 2014. In accordance with Section 81M(2), the decision must be tabled at the next Ordinary Meeting of Council and recorded in the Minutes of that meeting. In accordance with Section 81M(1) of the Local Government Act, the Conduct Panel must give a copy of the decision to: (a) the Council; (b) the parties to the matter; (c) the Minister.

Report

The copy of the Conduct Panel Decision is being given to Council by way of tabling the report before this meeting of Council. A copy of the Decision has been made available for each Councillor to read. Resolution of the matter is up to the parties.


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In addition, there are some matters arising from the Panel Decision for the organisation to action, which are the subject of a separate report. At the conclusion of the Panel process, the Conduct Panel Registrar must seal the records of the Panel and provide them to the Chief Executive Officer. The records have been provided to the CEO in a sealed container.


Council is required to meet the cost of the Councillor Conduct Panel and the cost of the Panel Members’ time and expenses was $3,207.20.

Conclusion

The Council has no options other than to table the decision and make a record in the Minutes to this effect, as this is a requirement of the Local Government Act under Section 81M(2).

PROCEDURAL MOTION

That Council acknowledge the tabling of the Decision of the Councillor Conduct Panel (hearing date 21 November 2013) and that the tabling of the Decision be recorded in the Minutes of the Meeting.


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6.2 A RESPONSE TO RECOMMENDATIONS OF A COUNCILLOR CONDUCT PANEL


Author Peter Davies, Manager Executive Services Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

The purpose of this report is to respond to a direction in the decision of a Councillor Conduct Panel received on 12 February 2014.

Policy Context

Council demonstrates good governance and leadership.


A Councillor Conduct Panel was appointed to hear an application from two councillors pursuant to section 81B(1) of the Local Government Act 1989 (“Act”) in relation to the Councillor Code adopted by the Council on 19 December 2012. The Panel conducted the hearing on 21 November 2013 and its decision was received on 12 March 2014. In its Statement of Reasons, the Panel directed that the existing Councillor Code of Conduct be amended as it relates to dispute resolution between councillors.

Report

The Panel notes that currently the Code of Conduct implies that a dispute between councillors can only be declared if the Council so determines. To remedy this, it recommends a review of the dispute resolution procedures within the Code of Conduct and that these avenues are exhausted prior to any referral to a Councillor Conduct Panel. The Panel directed that existing procedures in the Code of Conduct be amended by deleting paragraphs 9 to 13 and substituting them with the following. It should be noted that as the Council has decided not to elect a deputy mayor, a reference to deputy mayor in the proposed amendment has been substituted with a reference to the last councillor serving as mayor:


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“9. The Mayor, on being advised of a dispute between Councillors, will meet with the Councillors involved and seek to resolve the differences.

10. If the Mayor is involved in the dispute, then the current councillor last serving as

mayor not a party to the dispute will fulfil the role of the Mayor in line with the usual Council protocol.

11. If, after the Mayor’s efforts, the dispute is not resolved, the Mayor will arrange for a

formal mediation by an external mediator to be paid for by the Council. 12. The mediator will report the outcome of the mediation to the Mayor and the parties

involved. 13. This mediation process must be undertaken before a Councillor can apply for a

Councillor Conduct Panel.” It should also be noted that this amendment is not optional. Pursuant to section 81J(1)(d) of the Act, the Panel may direct that the Council amend its Code of Conduct and the Panel has done so in its decision. A copy of the Code of Conduct incorporating the proposed revision is attached.

Conclusion

In response to the Councillor Conduct Panel direction, the Councillor Code of Conduct will be amended by substituting the existing clauses 9 to 13 with the clauses prepared by the Panel.

Attachments

1. Revised Code of Conduct

RECOMMENDATION

That Council note the amendment to the existing Councillor Code of Conduct as directed in the decision of the Councillor Conduct Panel dated 10 February 2014 and sign the revised Councillor Code of Conduct.


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CITY OF GREATER BENDIGO

Code of Conduct

This Code of Conduct was adopted by resolution of Greater Bendigo City Council and in accordance with section 76C of the Local Government Act 1989 on _________/__________/ ________.

A separate Code of Conduct has been prepared for the staff in accordance with Section 95AA of the Local Government Act 1989. Preamble Councillors recognise the importance of working well together and with staff of the organisation. At the commencement of the term on November 16, 2012 Councillors conducted a workshop and developed mutually agreed behaviours and protocols that complement the formal Code of Conduct. Councillors may share different views, but individually and collectively, they are committed to:

Serving the community

Acting and speaking honestly

Engaging the community

Availability to listen to ratepayers and residents

Following through

Listening to and acknowledging diversity of opinions

Recognition that some may disagree with the Council

The City and the region

Help others

Acting and speaking responsibly as representatives of the community

Strategic thinking

Working as a team

Respecting the process Councillors highlighted the importance of working together as a team as they make decisions as a collective. There is a commitment to working and leading together in the following ways:

Making informed, balanced and objective decisions

Acting honestly

Sharing information with others and being inclusive

Learning from each other

Respecting each other's commitments


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Showing respect in the way we treat others

Communicating decisions and the reasons for them

Doing what we say we will do or otherwise, explain the reasons for not doing so

Understanding the role of the media

Acting responsibly with public money

Good governance By working together the Council will be seen by the community as:

Trustworthy

Respectful of each other

Support for each other

A positive, dynamic and enthusiastic body

Reputable, responsive and adaptable

Forward thinking in its leadership Collaboration will be shown by:

Preparing for meetings

Being patient, understanding

Keeping up to date and informed

Understanding each Councillors' needs

Plan the timing of the strategy consultations

Sharing Ward responsibilities

Using systems and requests

Understanding a decision or outcome to avoid confusion Team participation will be shown by:

Achieving a collective goal

Individual commitment

Understanding and respecting other's opinions

Communicate what you have agreed to do

Sticking to what we agreed to do Councillors’ recognise the need to establish some protocols for working together. Protocols to be observed include: • maintaining confidentiality obligations • maintaining order of authority with the Mayor as the spokesperson for Council • creating opportunities for listening - by allocating time effectively, ensuring each

Councillor is involved and given a chance to speak • Council Meetings will be used for formal decision making. • Forums will be used for building understanding and knowledge. • Governance Meeting will be used for review and reflect on performance and

obligations. • Planning Sessions will be used for input to strategy, establishing vision and priorities

and team building.


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Councillors recognise the importance of understanding issues and raising matters in an informal setting. Agreed Forum Protocols include: • setting a start time and a finish time • directing comments through the Chair • being well prepared before the meeting • presentations to be 30 minutes maximum duration including questions • Ward Councillors to take on more responsibility with Ward related issues • providing constructive and respective feedback to staff and to each other • making time for General Business • Councillors contributing to the agenda through the Mayor

Code of Conduct

Preliminary

1. The Greater Bendigo City Council consist of the Councillors who are democratically elected by the electors of Greater Bendigo in accordance with the Local Government Act 1989 (the Act).

2. The role of the Council is to provide leadership for the good governance of Greater Bendigo City Council. It includes:

a) acting as a representative government by taking into account the diverse needs of the local community in decision making;

b) providing leadership by establishing strategic objectives and monitoring their achievement;

c) maintaining the viability of the Council by ensuring that resources are managed in a responsible and accountable manner;

d) advocating the interests of the local community to other communities and governments;

e) acting as a responsible partner in government by taking into account the needs of other communities;

f) fostering community cohesion and encouraging active participation in civic life.

3. The Council makes decisions at Council Meetings based on reports providing details of the strategic context, background, consultation, financial implications and other relevant information.

a) Briefings are used to provide further explanation of reports, not to change a staff recommendation.

b) Assistance is provided to Councillors (if required) to develop motions if staff recommendations are not supported.

c) Any questions and concerns about meeting papers are to be directed to the Chief Executive Officer and Directors.


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d) Information provided in response to an individual Councillor question is provided to all Councillors.

Councillor Behaviour

4. The council affirms the following principles of behaviour.

A. Each councillor is aware of their responsibility to comply with the rules of conduct specified in Section 76B of the Act that require that councillors must:

a) Act honestly;

b) Exercise reasonable care and diligence;

c) Not make improper use of their position

to gain, or attempt to gain, directly or indirectly, an advantage for themselves or for any other person, or

to cause, or attempt to cause, damage to the Council;

d) Not make improper use of information acquired because of their position

to gain, or attempt to gain, directly or indirectly, an advantage for themselves or for any other person, or

to cause, or attempt to cause, damage to the Council

B. Councillors will treat all people with courtesy and respect; recognising that there are legitimate opinions, race, culture, religion, language, gender and abilities. This includes:

a) Treating members of the community with dignity and ensuring that neither offence nor embarrassment are caused;

b) Treating fellow councillors with respect, even when disagreeing with their views or decisions;

c) Ensuring their punctual attendance at council and committee meetings; and

d) Acting with courtesy towards council staff and avoiding intimidatory behaviour.

e) In the interests of maintaining a high level of teamwork and encouraging good morale there is no criticism of staff in public by councillors and no criticism of councillors by councillors in public.

f) In circumstances where constructive criticism of Councillors is required, matters will be dealt with by the Mayor. If broader discussion is required, this will be dealt with 'in-committee'. The Dispute Resolution Procedures contained in this Code may also be used if required.

C. Councillors will always act with integrity and honesty;

a) Being honest in all dealings with the community, with other councillors and with council staff;

b) Always acting with impartiality and in the best interests of the community as a whole;

c) Not acting in ways that may damage the council or its ability to exercise good government;


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d) Exercising reasonable care and diligence in performing their functions as councillors; and

D. Councillors recognise that they hold a position of trust and will not misuse or derive undue benefit from their positions.

a) Councillors will avoid conflicts of interest and comply with the relevant provisions of the Act and this Code of Conduct relating to interests and conflicts of interests;

b) Councillors will not exercise undue influence on other councillors, members of council staff or members of the public to gain or attempt to gain an advantage for themselves;

c) Councillors will not accept gifts (including hospitality) in their role as a councillor or where it could be perceived to influence the councillor, except:

Where the gift would generally be regarded as only having a token value (less than $50) and could not be perceived to influence the councillor's actions;

Where the refusal of the gift may cause offence or embarrassment, in which case, the gift may be accepted on behalf of the council and becomes the property of the council.

A register of gifts will be maintained by the Manager Executive Services.

E. Councillors will exercise appropriate prudence in the use of public resources. This includes:

a) Maintaining appropriate separation between their personal property and public property in the care of the Council;

b) Not using public resources, including staff-time and equipment for electoral or other personal purposes;

c) Ensuring that claims for out of pocket expenses are accurate and relate strictly to council business.

F. Councillors will treat council information appropriately, by:

a) Not using information gained by virtue of being a councillor for any purpose than to exercise their role as a councillor;

b) Respecting the Council’s policies in relation to public comments and communications with the media;

c) Not releasing information deemed “confidential information” in accordance with section 77 of the Act; and

d) Recognising the requirements of the Information Privacy Act 2000 regarding the access, use and release of personal information.

e) Taking into account the requirements of this Code and not to cause or attempt to cause damage to the reputation of the Council or the organisation.


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Conflict of Interest Procedures

5. The council is committed to making all decisions impartially and in the best interests of the whole community. It therefore recognises the importance of fully observing the requirements of the Act in regard to the disclosure of Conflicts of Interest and perceived conflicts of interest.

6. In addition to the requirements of the Act:

a) If the councillor considers that they have, or might reasonably be perceived to have, an interest in a matter before the Council or a special committee of council, they will clearly state the nature of their interest at the meeting and immediately before the matter is considered. This will be done on every occasion that the matter is considered by the Council or special committee.

b) If a councillor has an Interest in a matter to be considered by the Council or special committee that is not pecuniary, and the Councillor considers that their personal interest may be in conflict with their public duty to act impartially and in the interest of the whole community, the Councillor will declare a Conflict of Interest.

c) Councillors will give early consideration to each matter to be considered by the council, or special committee of which the councillors is a member, to ascertain if they have an interest or conflict of interest.

d) Councillors recognise that, while they may seek advice about a possible conflict of interest, the legal onus rests entirely with each councillor themselves. If a councillor cannot confidently say that he or she does not have a conflict of interest, the councillor will declare a possible conflict of interest and comply with the relevant requirements as if they had a conflict of interest.

e) If the councillor considers that they may be unable to vote on a matter because of a conflict of interest, they will notify, as soon as possible, the Mayor of the Committee Chair, depending on whether the matter is to be considered by the Council or special committee, as well as the Chief Executive Officer (or the designated officer).

Dispute Resolution Procedures

7. Before commencing any formal dispute resolution process, the councillors who are parties to any disagreement will endeavour to resolve their differences in a courteous and respectful manner, recognising that they have been elected to represent the best interests of the community.

8. This dispute resolution procedure is intended to be used when councillors have been unable to resolve an interpersonal conflict and where the situation is unduly affecting the operation of the Council. It is not intended to resolve differences in policy or decision making, which are appropriately resolved through discussion and voting in council and committee meetings.

9. The Mayor, on being advised of a dispute between Councillors, will meet with the Councillors involved to resolve the differences.


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10. If the Mayor is involved in the dispute, then the current councillor last serving as mayor not a party to the dispute will fulfil the role of the Mayor in line with the usual Council protocol.

11. If, after the Mayor’s efforts, the dispute is not resolved, the Mayor will arrange for a formal mediation by an external mediator to be paid for by the Council.

12. The mediator will report the outcome of the mediation to the Mayor and the parties involved.

13. This mediation process must be undertaken before a Councillor can apply for a Councillor Conduct Panel.

14. If a mediator or conciliator is appointed, all councillors will cooperate with the dispute resolution process and provide reasonable assistance to the mediator or conciliator when requested.

At the conclusion of the dispute resolution process, the Council will consider a report in a meeting open to the public, that includes:

a) An independent report from the mediator or conciliator (except where the independent report must be considered in a closed meeting);

b) The recommendations of the mediator or conciliator;

c) The actions being taken as a consequence of the dispute resolution process; and

d) An estimate of the full cost to the Council of conducting the mediation process.

Caretaker Procedures

15. The Council is committed to fair and democratic elections and therefore adopts and endorses the following practices and legislative requirements.

16. This Statement of Caretaker Procedures is in two parts, addressing two fundamental policy principles.

a) Council Decision Making; and

b) Use of Council Resources.

17. Prior to the election period for any election, the Chief Executive Officer will ensure that all members of council staff are advised in regard to the application of the caretaker procedures.

a) Council staff will not undertake any activity that may affect voting in the election, except where it only relates to the election process and is authorised by the Chief Executive Officer; and

b) Council staff will not authorise, use or allocate a council resource for any purposed that may influence voting in the election, except where it only relates to the election process and is authorised by the Chief Executive Officer.

Major Policy Decisions

18. Section 93A of the Act prohibits the making of “Major Policy Decisions” during the election period.


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19. Major Policy decisions are defined by the Act to be decisions;

a) relating to the employment or remuneration of a Chief Executive Officer under section 94, other than a decision to appoint an acting Chief Executive Officer;

b) to terminate the appointment of a Chief Executive Officer under section 94;

c) to enter into a contract the total value of which exceeds whichever is the greater of $100 000 or 1% of the Council's revenue from rates in the preceding financial year;

d) to exercise any power under section 193 if the sum assessed under section 193(5A) in respect of the proposal exceeds whichever is the greater of $100 000 or 1% of the Council's revenue from rates in the preceding financial year.

If the Council considers that there are extraordinary circumstances where the municipality or the local community would be significantly disadvantaged by the Council not making a particular Major Policy Decision, the Council will, by resolution, request an exemption from the Minister for Local Government, in accordance with section 93A(2).

Significant Decisions

20. In addition to the decisions specified in section 93A of the Act, the Council will avoid making other decisions during the election period that are of a significant nature and which would unnecessarily bind an incoming council.

21. “Significant Decisions” include:

a) Irrevocable decisions that commit the Council to substantial expenditure or significant actions; and

b) Irrevocable decisions that will have a significant impact on the municipality or the community.

Caretaker Statement

22. In order to facilitate compliance with section 93 of the Act relating to major policies and major decisions a statement will be published on the front of each agenda indicating that the agenda has been prepared in accordance with section 93 of the Act. In circumstances where an exemption has been granted by the Minister a statement indicating that the exemption has been granted will be included in the report.

Use of Council Resources

23. Public resources will not be used in a way that would influence the way people vote in elections, except in regard to supporting the actual election process. The Council therefore commits to the principle that it will ensure that council resources are not used inappropriately during a council election. This includes a commitment to comply with the following procedures in addition to the requirements of section 55D of the Act.


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In applying these principles, the council understands that public events organised, speeches and media releases prepared and use of council stationery and logo will not be used in any way that relates to the election or support for a candidate. This includes financial, human and material resources.

In addition, equipment and facilities provided to councillors for the purpose of conducting normal council business will not be used for campaigning purposes.

Where councillors have council funded services, such as mobile phones and internet connections, and where it is impractical for councillors to discontinue their use of these during the election, councillors will reimburse the council for usage of those services during the election period that exceeds normal usage levels.

1. Candidature for State or Federal Election

24. The Council expects Councillors standing for State or Federal election to abide by the guidelines:

If a councillor becomes an endorsed candidate for a state or federal election, they should declare their candidacy to the CEO and agree on an approach to council activities consistent with council policy until the official election period begins.

Any councillor who is a candidate for State or Federal election should declare this at a meeting of council as soon as possible after the relevant election announcement.

The council internal council code of conduct should apply without any flexibility from the time an election is declared.

Media protocols that normally apply should be enforced without flexibility; it is imperative that councillors speaking on council issues as election candidates clearly identify this fact.

As per external activities, councillors cannot use council resources, that is, council equipment (e.g. computers, printers, copiers, email, telephones, mobile telephones, faxes, cars etc), or council facilities in relation to their election candidacy.

Other Relevant Policies

25. The following policies and procedures that relate to conduct apply to councillors as well as staff:

Media Statement Policy and Protocols

Equal Opportunity Policy

Prevention of Harassment and Bullying Policy

Whistleblower Protection Act Procedures


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Endorsement

Once Councillors have finalised the Code of Conduct, it would be presented to a formal Council Meeting and Councillors will be asked to sign the Code.

26. This Code of Conduct was adopted by the Council on __________/_________/_________, and is signed by the following Councillors:

Cr Rod Campbell……………………………………………………………………..

Cr Elise Chapman……………………………………………….……….………….

Cr Peter Cox …………………………………………………………………………

Cr Rod Fyffe ……………………………………………………..…………………..

Cr Helen Leach ………………………………………………………………………

Cr Barry Lyons ……..…………………………………………..……………………

Cr Lisa Ruffell....……………………………………..……………………………….

Cr Mark Weragoda ….……………………………………………………………….

Cr James Williams……………………………………………………………………


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6.3 PROGRESS REPORT INDEPENDENT REVIEW IMPLEMENTATION


Author Peter Hargreaves, Project Coordinator, Independent Review Implementation Responsible Craig Niemann, Chief Executive Officer Director

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 Independent Review 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 Greater Bendigo to see what improvements can be made to its operations. In June 2013 Aurecon delivered its final report including 69 recommendations for Council to consider. Previous Council Decision(s). On 21 August 2013 Council resolved to adopt in principle the 69 recommendations and that a Committee of all Councillors supported by the Chief Executive officer and Manager Executive Services be established as the Independent Review Implementation Committee. On 23 October 2013 Council adopted Terms of Reference for the Independent Review Implementation Committee, committed to responding to all 69 recommendations within the current Council term and acknowledged the completion of six – numbers 17, 22, 30, 39, 44 and 53. On 22 January 2014 Council acknowledged completion of a further seven recommendations – numbers 4, 12, 16, 25, 26, 28 and 34. The total number of completed recommendations is 13.


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Report

Since the last progress report on 22 January 2014, Councillors have received progress briefings on recommendations relating to Governance at Council’s Governance Meeting on 12 February 2014 and Council Forum on 26 February 2014. Completed actions Detail of the completed action for recommendation numbers 35, 48, 59, 60, 62, 63, 64, 65, 66 and 52 is as follows:-

Recommendation 35 Engage with stakeholders impacted by the future Bendigo Airport upgrade Action: An airport stakeholder engagement program has been active for several years. The program for 2014 and 2015 includes: • Bendigo Airport Advisory Group meetings (approximately six per annum); • Leaseholder Group meetings (approximately two per annum); • Ongoing tenant meetings as required; • Emergency Services Workshop (held annually); • Regular communication bulletins and safety instructions for airport users (ranges

from daily to weekly); and • Regular media coverage. A community information and consultation plan accompanies the Planning Scheme Amendment and Planning Permit Application phase of the development which is currently underway. This program targets residential and commercial property owners and occupiers in immediate proximity to the airport. An information session was held on 25 February 2014. The City also meets regularly with State and Federal agencies relevant to the airport including the Civil Aviation Authority and Regional Development Victoria. In summary the established and planned activity outlined above completes the actions required for this recommendation.

Recommendation 48

Work with local businesses to maximise benefits of the NBN rollout. Action: The City’s commitment to this recommendation is being enacted through participation in the regionally-focussed iBendigo Group of businesses and institutions that the City helped establish in 2012.


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iBendigo, with the City’s support, has secured Commonwealth funding to develop, promote and deliver workshops helping mainly small businesses to accelerate their on-line presence and competency. iBendigo is designated the region’s lead advocate on the need for accelerated rollout of NBN broadband connection networks and capacities across the region. Over the next two years, the Bendigo Digital Enterprise Program will see the iBendigo Loddon Mallee Group deliver over 50 training sessions and 180 one-on-one mentoring sessions designed to highlight the importance of becoming digitally ready. This work will be further enhanced by the City’s plans to develop a Greater Bendigo Digital Strategy by the end of 2014 as part of the Economic Development Strategy. In summary this activity completes the actions required for this recommendation.

Recommendation 59

Create an Economic Development Unit template document to produce generically branded reports with similar contents and structure. Action: An agreed template already exists for such reports. The template has been circulated to Councillors. Council has the discretion to mandate changes or additions to the template if it chooses. However it is considered that the existing template satisfies the aim of the Review and completes this recommendation.

Recommendation 60

Facilitate strategic roundtable discussions with key stakeholders on a regular basis

Action: This recommendation is strongly supported and the structure for this engagement is in place. A major source of input into the Draft Economic Development Strategy (2014) was the program of roundtable discussions involving up to 150 of Greater Bendigo’s business leaders during 2013. The City Futures Directorate has committed to hosting six roundtable forums on an annual basis with priority industry sectors, specifically Education, Health, Construction, Manufacturing and Mining and Retail. Councillors will be invited to participate in the 2014 program.


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The successful completion of the 2013 program of strategic roundtable discussions and the commitment to an ongoing annual program or six forums completes the actions for this recommendation.

Recommendation 62 Establish an appropriate framework to communicate all events to local business, to provide more time for them to ‘gear up’ for the opportunities associated with the event. Action: The City’s Major Events and Tourism Units collaboratively compile a Major Events Calendar. It is used internally and is also expanded and circulated to interested people and in particular as a service to members of groups such as Bendigo Tourism (approx. 300 members) and Bendigo Business Council (approx. 400 members). The calendar has developed to become a much valued part of the service offering to members and an important factor in the strong membership base of both organisations.

It is recognised that not all businesses will be aware of this service to members. Therefore plans are in place for a mail out to all relevant local businesses before the end of the financial year, promoting access to the calendar through membership of the two organisations. The City also publishes freely accessible information on upcoming events through measures including:

A short form list of events provided on the CoGB website,

Media releases that can be accessed through the CoGB website,

Social media applications, and

Special purpose event briefings are held for local businesses regarding particularly major events such as Commonwealth Youth Games, National Scout Jamboree and Bendigo Art Gallery major exhibitions etc.

These existing services meet and exceed the actions required for this recommendation.

Recommendation 63

Promote clustering of local businesses into ‘hubs’ to develop new opportunities as a ‘low cost solution’.

Action: The Economic Development and Tourism Units have a long history of involvement in ‘cluster’ groups, either directly or in collaboration with other entities over the past 10-15 years. The most notable recent clusters include:


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• Northern Poultry Cluster • Equine Cluster • Bendigo Information Technology Cluster • Bendigo Manufacturing Group • Bendigo Manufacturing and Mining Group • Professional Services Group • Career Horizons Project • Bendigo Tourism • Food Fossickers • Wine Grower Associations (Heathcote and Bendigo) Northern Poultry Cluster This was originally facilitated by the City to ensure the sustainability and expansion of this critical manufacturing and supply chain operation in central Victoria. It is now an independent self-sustaining commercial operation with membership from leading poultry operators including Hazeldene’s and Hy-Line. Equine Cluster State Government funding enabled a feasibility study into the value of the equine sector to the local economy. This estimated $50 million industry is primarily based on recreational (e.g. pony clubs) and a number of commercial operations such as Lords Raceway, Bendigo Jockey Club, breeders and trainers. This cluster is effectively “in recess” following an initial high level of interest in promoting the value of the sector to the local community but with little “commercial outcomes” identified as major on-going drivers for expansion. Bendigo Information Technology Cluster The drive to attract call centres/contact centres to Bendigo some 10-12 years ago resulted in the clustering of IT businesses to maximise economic activities. Financial support from government enabled the cluster to provide a range of business training and professional development events. The global financial crisis and a lack of ongoing financial support from government led to the demise of this group, although EDU does retain active contact with many individual companies. Bendigo Manufacturing Group (BMG) This cluster is the longest standing economic development alliance (since 2002) between industry and the City. Its primary purpose is to identify opportunities, gaps and threats to the manufacturing sector and to provide intelligence on the major issues facing our largest contributor to local economic output. The companies are a cross-section to ensure that there is representation from small medium and large operations to gain the best outcome for our 450-plus manufacturers. BMG consists of McCullochs, Australian Turntable Company. Keech Australia, Parmalat, BB Truss and Timber, Hofmann Engineering, Thales Australia, Australian Industry Group, B.Keogh & Sons, Bendigo Truss Plant, Industrial Conveying (Aust),


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MSD Animal Health, Jimmy Possum Group, Hazeldene's Chicken Farms, Southern Shorthaul Railroad, Universal Manufacturing, Motherson Elastomers, Bendigo Pottery. Bendigo Professional Services Group (BPSG) Similar to the BMG, the Bendigo Professional Services Group has been providing advice on opportunities, gaps and threats to this sector. Two major studies have been commissioned over the past 6-8 years to identify ‘leakage of professional services outside of the municipality’” and to address opportunities to close that gap. The BPSG consists of Strategem Financial Group, SASI Marketing, Bendigo Business Council, Live Ecological, La Trobe University, E+ Architecture, CVGT, Compelling Economics, Robertson Hyetts Solicitors and Bendigo IT. Career Horizons This collaboration between primary, secondary and tertiary education bodies, auspiced by EDU is rare in Australia. Careerhorizons.com.au is an on-line work experience hub delivering benefits to businesses and the local community. This website engages students with the local workforce and streamline the administration process for businesses. It also allows local businesses to plan work experience opportunities for students that will complement the individual workplaces and schedules. Careerhorizons.com.au helps local students to gain experience either as a foundation for future career choices or as a requirement for successful completion of their qualification. Membership consists of G1 Consulting, SASI Marketing, Goldfields Local Learning & Employment Network, Bendigo Senior Secondary College, McCullochs, Bendigo Student Association Inc., Central Vic Group Training, Bendigo TAFE, Bendigo South East College, La Trobe University, Bendigo Health, CoGB and Catholic College Bendigo. Bendigo Manufacturing & Mining Group (BMME) EDU has forged an alliance of 14 companies who work collaboratively to exploit the opportunities to provide product and services to the burgeoning mining and resource sector. EDU secured State Government funding which, coupled with the contributions from the companies involved and CoGB, led to the establishment of a comprehensive four component project. The group comprises Andy's Earthmovers, Mancala Pty Ltd, Australian Turntable Company, McCullochs, Bendigo Engineering Services, Motherson Elastomers, B.Keogh & Sons, Southern Shorthaul Railroad, Hofmann Engineering, Spoutvac Industries, Industrial Conveying (Aust), UME Australia, Keech Australia and Universal Manufacturing.


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Activities include: • The creation and launching of a website; • Development of the Bendigo Manufacturing and Mining booklet; • Detailed analysis of existing and future workforce; • Training of future leaders; • Quality insurance workshops; and • Marketing and advertising strategy implementation. Bendigo Tourism Inc. Bendigo Tourism Inc. is Greater Bendigo’s peak local tourism association and it works hand-in-glove with the City’s Tourism Unit and Visitor Information Centres. Bendigo Tourism Inc. represents a major cluster of businesses who share a common interest in working together to encourage and retain tourism and major events to our region; visitor services; and accommodation and tour bookings. Bendigo Tourism currently has over 300 paid-up members. Food Fossickers – Central Victorian Food Trade Network Recently established by our Tourism Unit, Food Fossickers is an active group of passionate food representatives focussing on growing, supporting and nurturing the diverse interests of the food industry across the region. The network has approximately 80 paid-up members that undertake joint marketing, public relations and business sustainability advice and support initiatives. Membership mainly comprises local food and beverage producers and the Bendigo Farmers Market. Winegrowers Our Major Events and Tourism Units both enjoy active, effective collaborative working relationships with the Bendigo Wine Growers Association and the Heathcote Winegrowers Association. Both groups have a region-wide focus and their membership extends well beyond Greater Bendigo. Our on-going support lies mainly with major event funding support, event logistics, tourism promotion and export assistance.

Innovation Group EDU is also working with local manufacturers to identify opportunities to use innovation as a major economic driver. An Innovation Group has been formed with the view to exploring opportunities with universities including RMIT, Melbourne and Deakin.


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The creation of a cluster of companies committed to exploiting innovation is expected to in the coming months following further discussions with industry groups (e.g. Geelong Manufacturing Council). Retail clusters It is noted that one of the aims of the recommendations of the Review is to “balance the focus of EDU between small and large business” (page 51). Subject to resourcing there is a strong desire within City Futures to facilitate retail clusters within activity centres such as the Bendigo CBD, Kangaroo Flat, Eaglehawk, Kennington etc., as well as restaurants, cafes and bars in central Bendigo. In summary the level of historic and existing work and plans for innovation and retail clusters as outlined above demonstrates a strong commitment to ‘clustering’ by the CoGB and satisfies the actions required to complete this recommendation.

Recommendation 64 Facilitate local business opportunities in alternative energy, industrial waste, digital/advanced manufacturing, microbusinesses and greater share of ‘professional services spend’. Action: The City recognises the potential benefits of the recommendation and the EDU strives to perform key facilitation role this space, but the level of contribution is limited by resources and priorities. EDU is a small unit of just six personnel which has experienced a reduction in resources that has led to a significant scaling down of effort in this area. The unit’s operating budget has reduced from $1,300,000 (net) in 2009-10 to $1,185,000 (net) current. Staff numbers have reduced by three including the transfer of a Business Advisor position (that was largely focused on waste industries) from the EDU to the Presentation and Assets Directorate. In the three years that this EDU position existed, the Unit developed a good understanding of typical waste streams generated from industries in Bendigo and had established some good momentum to help reduce business waste streams and in beginning to help attract waste-to-energy type enterprises. However, priorities have changed and the focus for this resource was transferred to developing a more comprehensive waste management strategy for the City. The Draft Strategy released recently for public comment explores the possibility of harnessing energy through waste as part of the long term planning around the closure of the Eaglehawk landfill. There are a number of smaller, specific actions that reference energy from waste.


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Whilst it is acknowledged that the lack of focus in the area identified by the review represents a gap in overall effort, EDU does not have the capacity to undertake additional activities without either a reassignment of existing resources, or additional resources, or both. Currently the main focus for EDU remains the following key areas: • Manufacturing support and collaboration; • Marong Business Park planning and advocacy; • Attraction of new major businesses with State Trustees and Hoffman Engineering

being the most notable recent successes; • Professional services collaboration and promotion; • Bendigo Inventor Awards and associated programs; • Workforce and training development initiatives (many and varied). However the Draft Economic Development Strategy identifies new initiatives in particularly the small business sector that will be announced in the near future if endorsed by Council. Furthermore, a new priority is for a major focus on supporting the retail sector, which as outlined in the response to Recommendation 63 on clusters, responds to the Review. This proposal for a stronger focus on supporting the retail sector will require additional resources and a business case is being prepared for future budget processes. In summary it is considered that the recommendation is completed within the limits of current resourcing and priorities.

Recommendation 65 Improve use of Australian Business Registry information and demographic profiling products to capitalise on market intelligence. Action: City Futures relies on a range of directories and databases including the Australian Business Registry. In fact the EDU team has worked closely with the Australian Business Registry (ABR) staff in an effort to significantly improve the useability of the data provided to the City. The ABR contains all businesses with an ABN regardless of their operational status as well as the various companies formed around a single entity. Consequently, there is a need to “wash the database” in such a way as to actually make it useful. The main contribution of ABR data has been in the development and ongoing validation of the City’s own contact list of companies.


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The City’s business contact list, whilst far from perfect, is arguably now more comprehensive and provides more high level, targeted information that is more tailored the needs of the City than the Australian Business Registry. This information has been used as a platform for providing companies with “Developing Business Newsletters”, special interest bulletins, targeted invitations to sector specific events, workshops and specific business opportunities. The ability to also utilise Compelling Economics (REMPLAN economic modelling) enables EDU to provide additional robust analysis of investment opportunities for new and existing businesses. The combination of the EDU information and REMPLAN enable strategic and targeted information and demographic profiling to maximise the benefit for local business profiling and grant submissions. In summary the City’s continued use of ABR and other information platform meets and exceeds the requirements of this recommendation.

Recommendation 66 Improved use of Economic Development Australia (EDA) membership to enhance benchmarking efforts and strategic planning. The City has enjoyed a long and fruitful association EDA. Four of the EDU’s six staff are Association members. Attendance at State and National conferences is shared across the team depending on the conference ‘offering’ and the potential to build additional skills and provide networking opportunities. The City is a big ‘user’ of EDA services. For example:

EDA offers Master Classes which EDU staff attend on a needs basis.

For the past seven years EDA has been used for building networks such as the new relationship with the Victorian Centre for Advanced Materials Manufacturing Ltd which is now considering Bendigo as a site for future expansion.

EDA has been used for developing and delivering conferences including Energy Futures in Regional Australia Conference in 2009.

CoGB has also used membership of EDA to bring together neighbouring municipalities to develop regional initiatives in economic development including The New Mediterranean, Central Victorian Export Network, Regional Solar Initiative’s, Goldfields Career Horizons, Goldfields Regional Living Expo Group and Central Victorian Medical Recruitment Taskforce.

For its part EDA has recognised the work of CoGB in this field with three national awards:

2012 National Awards for Economic Development Excellence Winner: Bendigo Inventor Awards for Community Economic Development Category (Award for the Bendigo Inventor Awards project)


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2009 National Awards for Economic Development Excellence Winner – City of Greater Bendigo – Economic Development Marketing Strategy (Award for Skilled Migration project)

2008 National Awards for Economic Development Excellence Winner – Jeff Bothe -Economic Development Leadership (Employee) Award (Awarded to an individual that demonstrated exceptional leadership)

In the area of benchmarking and strategy development addressed by the Independent Review, the most recent example of where EDA membership has been used extensively was in the development of the new Economic Development Strategy. CoGB drew on EDA and networked members for the best examples of economic development strategies around Australia and the annual conference provides the opportunity to explore and compare initiatives, develop ideas and deliver conferences such as Energy Futures in Regional Australia Conference in 2009. In summary, the City’s comprehensive involvement in Economic Development Australia and use of EDA services meets the aims of the Review and completes the action required for this recommendation.

Recommendation 52

Prepare Business Unit descriptions for inclusion on the CoGB website.

Action:

Descriptions for all Business Units were placed on the CoGB website on 14 February 2014. To complement this addition, the Council page has also been expanded with additional information about the Mayor and Councillors and an explanation of the role of the Mayor and the role of Councillors. The actions associated with this recommendation are now completed.

The information can be accessed through the following links:

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

http://www.bendigo.vic.gov.au/About_us/The_Organisation/Organisation_Structure_C

hart

Progress on other recommendations In the interests of keeping the community informed, notable progress on a number of recommendations is described below:

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

http://www.bendigo.vic.gov.au/About_us/The_Organisation/Organisation_Structure_Chart

http://www.bendigo.vic.gov.au/About_us/The_Organisation/Organisation_Structure_Chart


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Recommendation 1

Create and continually update an implementation strategy and Communications Plan to address and action the recommendations of this review. Action: A new webpage has been developed to make it easier for interested persons to keep up-to-date with implementation of the Independent Review’s 69 recommendations. The webpage at www.bendigo.vic.gov.au/independentreview enables visitors to the site to gain a quick overall picture of how implementation is progressing or to drill down into the progress being made on specific recommendations. It will be regularly updated and includes links to other information relevant to the recommendations.

Recommendation 3

Create a standardised Matter for Decision template for investment and business case proposals (capital works, operational expenditure, service provision, upgrades/renewals, direct requests from Council and asset maintenance) to be applied across all Directorates. The template must include:

Information on the project, the need and purpose, and budget implications

The outcome for and benefit to the community

Clearly link the expense to the Asset Management Register (if appropriate)

A clear link between Council’s Vision, Plan and the project

A monetary risk and threshold and decision-making process to define the extent

and depth of the business case and reporting required and level of approval

(similar to a procurement policy).

Action: A project team comprising the relevant Directorates has reviewed that recommendation and the listed template requirements. The review found the objectives and context of the recommendation are best addressed through the following documents which were developed wholly or in part to respond to issues raised by the Independent Review:

Business case templates for Capital and Operating Expenditure, and

Capital Evaluation Framework.

The only ‘gap’ in the suite is the need for an evaluation framework for assessing ‘out of budget’ funding requests. This is currently being developed by Organisation Support and a briefing will be provided for Councillors in May.


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Recommendation 14

Review user fees charged. Enforce their requirement. Mandate monetary bonds for medium to large events held in public spaces and gardens. Action:

A review has begun to align fees and charges with the Pricing Policy adopted by Council on 27 March 2013. As an initial step, Finance is working with the Planning and Development Directorate to align the Directorate’s user fees and charges with the policy.

Recommendation 18

Monitor the revenue and expenditure associated with BenCon, the Livestock

Exchange and Bendigo Airport for annual reporting to Council.

Action:

An updated template which responds to the Final Recommendations Report is being prepared for annual reporting of the Livestock Exchange and Bendigo Airport. However, BenCon no longer exists as the separate entity described in the report of the Independent Review. It no longer tenders for work from external agencies and nor does it carry the associated risks of an independent commercial entity. In BenCon’s place is ‘Works’ which is simply another internal business unit of the City like Waste Services, Building and Property Services or Parking and Animal Control. As a consequence, Works forms part of the existing and comprehensive framework of prudential management of the city’s finances.

Recommendation 31

Engage a specialist to define strategies for CoGB to reduce the burden of the Defined Benefits Superannuation Plan liability. Action:

Scoping and costing of the work required by a specialist to complete this task is currently underway and will be aligned to the recommendations contained in the MAV Defined Benefits Taskforce Final Report, 13 December 2012. It is expected that a business case for this external consultancy will be included in the Draft Budget for 2014-15.

Recommendation 36 Develop a detailed business case for the upgrade of Bendigo Airport to define the most cost effective funding mechanism Action: An updated business case is currently being prepared and is expected to be provided to Council in about April 2014.


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Recommendation 45

Explore opportunities to use the services of an in-house graphic design resource.

Action:

A business case for this resource is being prepared for the 2014-15 budget process. It is clear from research to date that there is the potential for considerable savings from the appointment of an in-house graphic designer.

Recommendation 47

Develop a Reconciliation Action Plan (RAP) and Cultural Diversity Strategy (CDS) during the 2013-14 financial year. Action:

Project plans outlining the nature and scope of the work will be prepared for both the RAP and the CDS. The RAP will be developed first and a draft document is expected to be completed by the end of the financial year. A draft of the CDS is expected to be completed by the end of 2014. A briefing for Councillors on the direction and level of community engagement for each is being planned for April/May. Governance Recommendations:

Recommendation 32

Develop robust and detailed governance training for both Councillors and CoGB staff

Actions:

The following response is proposed to complete this recommendation:

(a) Councillors and senior staff to identify the essential components of robust and

detailed governance training,

(b) Councillors and senior staff will meet with representatives of MAV and BRACE Training to discuss opportunities for ongoing professional development of Councillors and staff,

(c) As part of the 2014/2015 budget process, Council will review the budget allocation

for training and development and the Councillor Support Policy relating to the level

and nature of support for Councillor training.

Recommendation 40

Mandate ongoing training and education in Governance, roles and responsibilities, communication protocols (internal and external), and the Code of Conduct for all Councillors and Directors.


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Action:

Whilst the aim of the recommendation is strongly supported, the training needs of individual Councillors and Directors will always differ depending on their experience and background. There is therefore a preference for a flexible approach to training and education over a mandated program. The following response is proposed to complete this recommendation: (a) Council invite presentations and discussions involving relevant staff and industry

professionals to provide training and education in various aspects of governance at Forums, Governance Meetings, regional groupings of Councils and other times when the opportunity arises.

(b) At each Governance Meeting, Councillors discuss training and education opportunities provided by the MAV, VLGA, Australian Institute of Company Directors and other relevant training providers that may be of benefit to Councillors and Directors and identify opportunities for training to be conducted either in Bendigo or in the region.

(c) Councillors and Directors hold an annual discussion on communication protocols and the Code of Conduct to identify opportunities for enhancing conduct and performance.

Recommendation 41

Develop an education series for Councillors to provide ongoing guidance and assistance on relevant subjects (such as planning, HACC services, relevant legislation changes, cost shifting by the Federal and State Government, asset management and capital works, roles and responsibilities, Code of Conduct). Action:


Councillors acknowledge that presentations and workshops conducted on selected subjects are part of an ongoing education series throughout the year and that Councillors and senior staff identify any gaps, on an annual basis and as required, to ensure that the education series is comprehensive and relevant.

Recommendation 43

Educate all Councillors and senior CGB staff in CoGB Communication and

Engagement protocols.

Action:



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In conjunction with response (c) to Recommendation 40, Councillors and senior staff participate in a facilitated workshop as part of the process to address the group of recommendations relating to communication and engagement as part of the education process and to develop a shared understanding of communication and community engagement expectations and opportunities for improvement.

Recommendation 56

Explore opportunities to create the position of an in-house Councillor Research Officer dedicated to assisting Councillors. Action:


(a) That Councillors acknowledge the increased resource provided through the engagement of the Independent Review Implementation Coordinator who is addressing many Council priorities as expressed through the Independent Review and consider further the need for the Research Officer at the completion of the term of the appointment of the Coordinator.

(b) That a business case for a part time personal assistant to the Mayor be prepared for consideration in the 2014-15 budget process as a means of providing further assistance for Councillors.

Recommendation 57

Review CoGB’s policies and training relating to bullying, discrimination and harassment prevention, and how individual training needs are assessed and align to performance and development goals. Action:


(a) Whilst it is acknowledged that any issues relating to poor conduct will be addressed through agreed procedures, the review of policies and training will be considered as part of the group of recommendations relating to performance and continuous improvement.

(b) Positive behaviours continue to be reinforced through Governance Meetings and any strategies and further rules of engagement be developed, as required.

(c) As part of the ongoing education series and training in relation to the Code of Conduct and prevention of bullying, discrimination and harassment, Council invite a presentation from a Municipal Inspector about the type and nature of complaints received about Councils and invite a Conduct Panel Member to discuss the challenges of dealing with poor conduct.


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Recommendation 67

Develop and facilitate a formal mentoring program for newly elected Councillors that will provide them with guidance from experienced Councillors in Bendigo and/or other councils across the state. Action:

The following response is proposed to complete this recommendation: The mentoring program facilitated by the MAV be further discussed with the Association and considered in conjunction with local capacity for mentoring, training and education, as part of the induction programmed for new Councillors, in preparation for the new Council in 2016.

Progress is also being made on a large number of recommendations including those identified by Councillors as priorities. Resource Implications There are no resource issues arising directly from this report. However where recommendations have resource implications steps are in place to ensure that any proposed new capital or operating expenditure arising from the recommendations is considered in the budget process for 2014-15. Upcoming briefings The following progress or further briefings for Councillors are scheduled: March – Recommendation 5 – Waste Management Strategy April – Recommendations 6, 7, 15, 20 and 21 - relating to reviews of Aged and Disability Services and Early Childhood Services. April – Recommendations 2, 9, 10, 49, 55 and 57 - relating to performance management, continuous improvement, succession planning and ‘being the best we can’. April – Recommendation 8 – Investigate the option to separate the Economic Development Unit, Tourism, the Bendigo Art Gallery, The Capital and Major Events from City Futures into a separate entity. April/May – Recommendation 47 - Develop a Reconciliation Action Plan (RAP) and Cultural Diversity Strategy (CDS) during the 2013-14 financial year. May – Recommendation 3 - Create a standardised Matter for Decision template for investment and business case proposals. Conclusion With the completion of recommendation numbers 35, 48, 52, 59, 60, 62, 63, 64, 65, and 66, 23 of the 69 are now complete.


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RECOMMENDATION That Greater Bendigo City Council: a) Acknowledge the progress on Recommendations 1, 3, 14, 18, 31, 36, 45 and 47

as outlined in the report and completion of actions associated with Recommendations 35, 48, 52, 59, 60, 62, 63, 64, 65, and 66.

b) Approve the actions proposed to respond to the Governance Recommendations

numbers 32, 40, 41, 43, 56, 57 and 67 as outlined in the report. c) Inform the community of this progress with implementation of the

recommendations of the Independent Review.


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6.4 FINANCE REPORT AS AT 31 DECEMBER 2013 AND MID-YEAR BUDGET REVIEW 2013-2014


Author Travis Harling, Finance Manager Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

To provide Council with an analysis of the financial position of the City of Greater Bendigo (CoGB) as at 31 December 2013, to enable a review of the forecast financial position for 30 June 2014.

Policy Context

Council Plan 2013-2017 (2013) states: 5.2 The financial and physical resources of the organisation are managed efficiently

and well.


In accordance with Section 138 of the Local Government Act 1989: “At least every 3 months, the Chief Executive Officer must ensure that a statement

comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date is presented to the Council at a Council meeting which is open to the public.”

It is prudent to review the financial position on an ongoing basis, particularly at mid-year and make any necessary adjustments to ensure financial sustainability. The mid-year result and 30 June 2014 forecast was presented to CoGB’s Finance Committee on the 13th February 2014.

Report

This report provides an update on the financial performance in comparison to the adopted budget for the 2013/14 financial year. The report also provides a financial forecast to 30 June 2014, together with an analysis and recommendations.


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1. Actual Year to Date Financial Performance (01/07/13 -31/12/13)

CoGB's operating result for the first half of the financial year is $9,450,000 favourable to budget as at 31 December 2013. Operating Result - YTD Actual vs YTD Budget

Operating Result is a measure for accounting for an organisation's profit or loss for a given period. An Operating Result recognises all revenue and operating expenditure; it includes non-cash expenditure such as depreciation and non-cash revenue of donated assets.

YTD Budget 31/12/2013

YTD Actual 31/12/2013

Variance

$36,729,020 $46,178,896 $9,449,877 Favourable

Income Statement for the period 01/07/13 – 31/12/13 is presented below:

Income Statement - City of Greater Bendigo

Actual 30

June

Annual

Budget

YTD

Budget

YTD

Actual

2013 2014 2014 2014

$'000 $'000 $'000 $'000 $'000 %

REVENUE

Rates and Charges 79,910 86,492 86,270 86,024 (246) 0%

User Charges, Fees and Fines 24,164 27,120 13,183 13,975 792 6%

Contributions - Cash 2,927 4,172 1,751 1,978 227 13%

Contributions - Non Monetary Assets 19,279 11,000 - - - 0%

Reimbursements 641 334 198 134 (64) -32%

Government Grants 25,549 31,047 11,522 12,732 1,210 10%

Interest on Investments 1,501 1,820 744 588 (156) -21%

Other Revenue (Inc. Internals) 10,827 12,034 1,207 11%

Share of Other Comprehensive Income of (44) 500 - - - 0%

Associates Accounted for by the Equity Method

Total Revenue 153,927 162,484 124,496 127,466 2,970 2%

EXPENSES

Employee Benefits 51,329 51,110 26,969 27,721 (752) -3%

Contract Payments, Materials and Services 50,102 63,856 32,558 26,629 5,929 18%

Plant and Equipment Operating Expenses 10,051 4,331 4,021 4,017 4 0%

Depreciation / Amortisation 27,285 29,839 14,787 14,338 449 3%

Borrowing Costs 851 1,432 731 694 37 5%

Net Loss on Disposal of Property, Plant, 1,822 3,000 1,389 70 1,319 95%

Infrastructure and Assets Held for Sale

Other Expenses (incl Internals) 7,312 7,819 (507) -7%

Bad Debts 83 124 - - - 0%

Total Expenses 141,522 153,691 87,767 81,287 6,480 7%

Operating Result 12,405 8,793 36,729 46,179 9,450 26%

Other Comprehensive Income

Net asset revaluation increments 40,971 10,000 - - - 0%

Comprehensive Result 53,376 18,793 36,729 46,179 9,450 26%

YTD Variance


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Major variances that contribute to the favourable result include:

Area Fav / Unfav

Details $

User Charges, Fees and Fines

Favourable Eaglehawk Landfill is $926,754 favourable to budget, this is largely due to increased Category 'C' waste being deposited at the Landfill as a result of the redevelopment works at the Bendigo Hospital.

$792,000

Government Grants

Favourable A number of government grants have been received earlier than expected, including additional funding of $978,737 in relation to the regional streetlight project.

$1,210,000

Internal Charges

Favourable An additional $694,516 has been charged by the construction arm of BenCon for completion of capital works as a result of completing carry forward projects from 2012/13. There is also an additional charge of $548,614 for the internal charging of plant due to higher rates of utilisation and increased operating costs.

$1,207,000

Contract Payments, Materials and Services

Favourable Relates to timing in a number of projects, particularly the development of the Community Theatre where payments of $5,500,000 have not yet been required.

$5,929,000

Net Loss on Disposal of Property Plant and Infrastructure

Favourable Due to timing with sales of a number of properties, that are now expected to settle late in the financial year.

$1,319,000


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Cash Result - YTD Actual vs YTD Budget:

CoGB's cash result for the first half of the financial year is $4,407,201 favourable to budget as at 31 December 2013.

The Cash Result takes the Operating Result and removes non cash transactions. It also includes Capital Works expenditure, loan repayments, new loan drawdowns and Reserve transfer movements.

YTD Budget 31/12/2013

YTD Actual 31/12/2013

Variance

$36,728,390 $41,135,592 $4,407,201 Favourable

Major Variances that reduce the operating surplus of $9,449,877 to the above cash result include:

Area Fav / Unfav Details $

Net Transfers from Reserves

Unfavourable Transfers to Reserves are higher than budget due to a grant received ($1.2M) and transferred to reserves to manage the Lighting the Regions Project. Transfers from Reserves are below budget ($2.14M) due to timing of payments for the construction of the Community Theatre.

$3,783,731

Capital Works Favourable Timing of Capital Works payment behind budget schedule.

$756,753

Cost of Assets Sold

Unfavourable Due to timing of sales of land. $1,564,841


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2. Forecast Performance (01/07/13 – 30/06/14)

The mid-year forecast for 31 December 2013, is reported in the same format as the year to date actual comparison to budget, operating and rate results. Operating Result - Forecast vs Annual Budget:

Annual Budget 30/06/2014

Forecast 30/06/2014

Variance

Surplus Surplus

$7,196,132 $5,453,230 ($1,742,503)

Major variances that contribute to the forecast unfavourable operating result include:


Grants Commission

Favourable The annual financial impact from revised allocations by the Federal Government in the 2013 Grants Commission.

$245,000

Waste Management

Unfavourable Cartage costs are expected to continue until the end of June 2014.

$400,000

Parks Unit Unfavourable Watering costs due to current weather trends.

$715,000

Building and Property Unit

Unfavourable Increased necessary building maintenance, and service contracts as a result of new or extended buildings in operation.

$233,000

Developer Levies

Favourable Increased property development within the municipality resulting in increased contributions from Developers, transferred to Reserves to assist in funding of capital works in future years.

$429,000

Major Projects

Unfavourable Major Project expenditure in relation to works at the Community Theatre is expected to be behind schedule. Works funded by grant income received in the prior financial year and held in Reserve fund.

$826,192

Cash Result - Forecast vs Annual Budget:

Annual Budget 30/06/2014

Forecast Result 30/06/2014

Variance

Deficit Deficit

($9,583,390) ($15,256,570) ($5,672,780) Unfavourable


PAGE 136

Major variances that contribute to the unfavourable result include:


Capital Works

Unfavourable Capital Works is unfavourable due to the higher level of carry forward works from the 2012/13 financial year.

$3,907,267

3. Progressive Cash Surplus/Deficit Summary The cash result must be managed on an ongoing basis rather than annually, as the impact from previous year's results, will affect the following year's budget. With this in mind the table below shows:

Annual Budget Surplus/(Deficit)

Forecast Result Surplus/(Deficit)

Accum. Surplus Carry Forward 30/06/13

$14,516,937 $14,516,937

Carry Forward Capital Work Projects ($8,118,339)

2014 Cash Result ($9,583,390) ($14,359,758)

Capital Projects identified as requiring Carry Forward

($4,216,179

Forecast Accum. Deficit Carry Forward 30/06/14

($3,184,792) ($4,059,000)

The Forecast Cash Result reports a $4,059,000 deficit by year end. 4. Mid-Year Budget Requests Requests are presented for Council consideration in two categories:

- Approvals of works that are able to be funded from existing Reserve Funds held for the purpose.

- Approval of works that do not have any identified funding source. Works requested to be funded from Reserve Funds are:

Project Details $

Purchase of trees for future planting in newly developed subdivisions.

A higher than usual number of trees have been programmed by the Parks and Natural Reserves Unit for planting in newly developed subdivisions during 2014. In order to service this obligation the additional funding requested is for tree purchasing only. (Street Tree Reserve)

$60,000

Landfill Investigation Undertake preliminary investigation works, and fund field assessment work for White Hills and Miller St landfills.(Waste Reserve)

$182,000

Total Budget Requests $242,000

Transfer from Reserve ($242,000)


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Net impact on Budget/Forecast

$0

The following requests for additional funds have been received:

Project Operating / Capital

Details $

Anglican Diocese of Bendigo

Operating The Anglican Diocese of Bendigo presented to Councillors on the 23 September 2013 seeking funding specifically for the Bell Tower and Forecourt of the St Paul's Cathedral in Myers Street Bendigo. Letter of request is Attachment 1

$250,000

Tree Maintenance – Power line Clearance

Operating This request is to undertake tree maintenance and removal works around power lines to ensure statutory obligations are met.

$100,000

Heritage Loan Scheme

Capital Loan requests in the current year have exceeded the existing budget of $80,000. This is an interest free loan scheme.

$50,000

Bendigo Tennis Association

Operating This request was considered by Council as a formal submission to the 2013/14 budget. Council resolved to refer the request for funding to plan for the Bendigo Bank Tennis Complex to the mid-year budget review. This project is the subject of a funding bid for the 2014/15 Budget.

$80,000

Total Projects

$480,000

The financial forecast for June 30, 2014 is a deficit position of $4,059,000. Additional requests have been received for expenditure of a further $480,000. There have are a number of areas in the operating budget that are forecast to be overspent. Some of these relate to unexpected costs, and others to inadequate financial allocations through the budget. Priority/Importance: Given the importance of financial sustainability and therefore achieving a balanced Cash Result, action should be taken to improve the financial forecast and minimise the deficit. It is prudent to take action now to reduce spending, in the current year. It is considered of high importance that Council undertake this mid-year review of the budget and make the necessary adjustments to reduce potential over expenditure at 30 June 2014.


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Options/Alternatives To reduce the forecast deficit, Council has two main options available. The main options are:

to reduce the funds available for the operating budget which results in reducing the level of service/programs being provided to the community. Reducing the standard of service is likely to be met with concern from the community, considering in many areas of the operation unmet need/demand already exists. If services are wound back, it will generally result in greater costs in the following year to reinstate services. For example, maintenance of the City’s parks and gardens is anticipated to be overspent in the current year due to higher than budgeted water costs, and high demand for tree trimming. Reducing funds available in this area will result in increased costs in future years to reinstate parks and gardens and address outstanding customer requests.

to identify projects to be removed from the 2013/14 capital works budget. Council could review the list of projects not yet commenced to select projects that can be withdrawn from the program. There are two significant projects; Canterbury Park redevelopment and Mitchell Street (Intelligent Transport System and bus shelter component) that have not progressed to the extent expected. The amount anticipated as not required in 2013/14 on these two projects is $3,800,211. By removing these projects from the 2013/14 program it will greatly assist in reducing the forecast deficit. These projects will require funds to be allocated in 2014/15, as funds will not be available to ‘Carry Forward’ these projects.

The Finance Committee at its meeting on February 13, 2014 reviewed the Financial Forecast and mid-year budget requests. The Finance Committee recommends that Council:

Re-budget $3,800,211 from the 2013/14 financial year into the 2014/15 financial year, for the Canterbury Park redevelopment and Mitchell Street.

Allocate a further $50,000 towards the Heritage Loans Scheme.

Allocate a further $100,000 for the continuation of Tree Maintenance (Power Line Clearance work).

Approve the transfer of $60,000 from the Street Tree Reserve and $182,000 from the Waste Reserve.

Advise the Anglican Diocese of Bendigo and the Bendigo Tennis Association that Council is unable to meet their requests for funds at this time.

The recommendation of the Finance Committee, results in the following adjusted Forecast Cash Deficit of $408,789:


PAGE 139

Annual Budget Surplus/(Deficit)

Forecast Result Surplus/(Deficit)

Forecast Accum. Deficit Carry Forward 30/06/14 prior to Mid-Year Review

($3,184,792) ($4,059,000)

Inclusion of Mid-Year Requests - Tree Maintenance - Heritage Loan Scheme - Reserve Transfers

($100,000) ($50,000)

$0 – no net cost

Capital Works Deferred and Re-budgeted in 2014/15 - Mitchell Street - Canterbury Park

$1,300,000 $2,500,211

Forecast Accum. Deficit Carry Forward 30/06/14

($3,184,792) ($408,789)

Risk Analysis: The risks regarding decision making for the mid-year financial review are:

If no action is taken at this time to reduce the forecast deficit, it is estimated that $4,059,000 deficit will result at year end. This will substantially impact on 2014/15 budget.

As a deficit is currently forecast, any agreement to allocate further funds at this mid-year review will increase the size of the deficit placing council in a more strained financial position.

The operating budget forecast over expenditure is largely due to inadequate funds being allocated in the budget for services that council has determined it requires, or the impact of unexpected costs. A reduction in funds allocated in the operating budget to reduce the deficit, is likely to result in further unmet need being generated, and an increase in customer requests for service.

The deferral of capital works into the next financial year as a mechanism to reduce the forecast deficit, will impact on the available funds for 2014/15 for other projects. However, as components of the Canterbury Park and Mitchell Street projects will now not be undertaken in the current year, these projects can be re-budgeted in 2014/15. This action to reduce the deficit, is considered to have the least impact on community expectations.

Conclusion

The Finance Committee has reviewed the Statement comparing Budgeted and Actual Revenues and Expenses to 31 December 2013, and the Financial forecast for 2013/14. Having undertaken the review, the Finance Committee recommends that Council take action to reduce the forecast deficit of $4,059,000, to a forecast deficit of $408,789. For the remaining period of the financial year it is important that expenditure is managed within the budget, and that Management need to continue to rigorously monitor the financial performance on a monthly basis to seek to reduce the forecast deficit.


PAGE 140

Attachments

1. Letter from Anglican Diocese of Bendigo

RECOMMENDATION

That the Greater Bendigo City Council: 1. Receive the Statement comparing Budgeted and Actual Revenues and Expenses to

31 December 2013 in accordance with the requirements of the Local Government Act.

2. Endorse the recommendation of the Finance Committee at its meeting on February 13, 2014 to:

a. Re-budget of $3,800,211 from the 2013/14 financial year into the 2014/15 financial year, for the Canterbury Park redevelopment and Mitchell Street;

b. Allocate a further $50,000 towards the Heritage Loans Scheme;

c. Allocate a further $100,000 for the continuation of Tree Maintenance (Power Line Clearance work);

d. Approve the transfer of $60,000 from the Street Tree Reserve;

e. Approve the transfer of $182,000 from the Waste Reserve;

f. Advise the Anglican Diocese of Bendigo and the Bendigo Tennis Association that Council is unable to meet their requests for funds at this time.


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6.5 CONTRACTS AWARDED UNDER DELEGATION


Author Leeanne Taig, Administration Assistant, Project Coordination Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

The purpose of this report is to provide information on contracts recently awarded under delegation.

Policy Context

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

Report

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

Contract No

Project Successful Contractor

Value (GST Excl)

Delegated Officer

Date Signed

CT000100

Floodlighting Soccer Pitch 5 – Huntly Recreation Reserve

Commlec Services 239,685.00 Pauline Gordon 13 January 2014

CT000108

Installation of Traffic Signals & Public Lighting – Mitchell Street

BG & RM Williams Electrical Pty Ltd

282,800.00 (Acting Director)

Brett Martini 16 January 2014

CT000042

Bendigo Botanic Garden – Gardening for the Future

Taylor Cullity Lethlean

385,410.00 Darren Fuzzard 22 January 2014

CT000104 Healthy Living Survey

The Social Research Centre

302,734.00 Pauline Gordon 3 February 2014

CT000082 Re Awarded Lighting Upgrade of Multiple Sites

DeAraugo & Lea Electrical Contractors (Vic) Pty Ltd

228,500.00 Prue Mansfield 5 February 2014


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RECOMMENDATION

That the Contracts Award Under Delegation, as outlined in this report, be endorsed by Council.

CT000083

Design & Construct of Footbridge over Mt Ida on the O’Keefe Trail

Openspace Infrastructure

424,500.00 Darren Fuzzard 5 February 2014


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6.6 RECORD OF ASSEMBLIES


Author Peter Davies, Manager Executive Services Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

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

Policy Context

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


The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed. A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors (5) and a

member 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 for Councillors to check the record, particularly the declarations of conflict of interest.


PAGE 144

Report

Meeting Information

Meeting Name/Type Bendigo Maubisse Friendship Committee

Meeting Date 6 December 2013

Matters discussed 1. Governance 2. Finance report 3. Work Teams 4. Working Together for Timor Leste: The Next 10 Years Conference and Expo 5. Long-term placement 6. Volunteer Security Risk and Management 7. Actions summary

Attendees/Apologies

Councillors Cr Peter Cox

Staff/ Community Representatives

Ms Deborah Blake Mr Matt Dorstaetter Mr Rod Flavell/ Mr Roger Muller Mr Ian Blake Ms Jenny Feiss Mr Mark Feiss Mr Ken Hubbard Mr John Jones Ms Naidene Parry Mr Barry Secombe Ms Sandra Tunley Ms Marilyn Tangey Apology: Ms Margaret Paulsen

Conflict of Interest disclosures

Matter No. Councillor making disclosure Councillor left meeting Nil


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Meeting Information

Meeting Name/Type Natural Environment Advisory Committee

Meeting Date 4 February, 2014

Matters discussed 1. Rosalind Park Master Plan 2. Residential Strategy Review 3. Native Vegetation Reforms 4. Community Grants Assessments Panel Selection 5. Wellsford Forest 5. Airport 6. Crown Land 7. Proposed Mosque development

Attendees/Apologies

Councillors Cr Rod Fyffe


Mr Anthony Sheean Ms Robyn Major Ms Jodi Cant/ Ms Wendy Radford Mr Colin Smith Ms Kathryn Stanislawski Ms Lydia Fehring Ms Jodie Odgers Ms Ruth Raleigh Apologies: Mr Joel North Ms Karen Corr Mr David Conley Ms Phillipa Doyle




PAGE 146

Meeting Information


Meeting Date 7 February 2014

Matters discussed 1. Finance report 2. Work Teams 3. Long-term placement 4. Volunteer security and risk management 5. Bendigo Volunteer House Use Policy 6. Summary of actions

Attendees/Apologies



Ms Deborah Blake Mr Matt Dorstaetter Mr Rod Flavell Ms Natalie Jacobsen Ms Ellen Henshall/ Mr Roger Muller Mr Ian Blake Mr Bill Coulter Ms Jenny Feiss Mr Mark Feiss Mr John Jones Ms Naidene Parry Mr Barry Secombe Ms Marilyn Tangey Apologies: Ms Margaret Paulsen Ms Sandra Tunley Mr Ken Hubbard




PAGE 147

Meeting Information

Meeting Name/Type Councillors’ Forum

Meeting Date 29 January, 2014

Matters discussed 1. Planning Scheme Amendment for Airport 2. Unity Mining Environmental Review committee 3. Governance meeting 4. Ward meetings 5. Media releases 6. Meeting with Bendigo and District Environment Council 7. Barrack Reserve 8. Budget manual 9. Ewing Park 10. Nolan Street 11. Power use at recreation reserves 12. Epsom Village Shopping Centre 13. Haven development, Somerville Street 14. Manufacturers’ group trip to Geelong 15. Insurance for rural halls 16. Sustainability unit 17. Umbrella/shade at Brennan Park Pool 18. Wolstencroft Reserve 19. Differential rate 20. Empire Road letter 21. Infrastructure forum 22. Planning department 23. High Street, Marong 24. Lockwood Hall insurance issues 25. Security light at post boxes 26. Strathfieldsaye Early Learning Centre 27. Presentation on Hopley and recycling 28. Meeting with Lisa Chesters 29. St John of God Hospital 30. CEO review

Attendees/Apologies

Councillors Cr Barry Lyons Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr James Williams Apologies: Cr Lisa Ruffell Cr Mark Weragoda


Mr Craig Niemann Mr Stan Liacos Ms Pauline Gordon Ms Prue Mansfield Mr Peter Davies


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Mrs Alison Campbell Apologies: Ms Marg Allan Mr Darren Fuzzard




PAGE 149

Meeting Information

Meeting Name/Type

Councillors’ Forum

Meeting Date 5 February, 2014

Matters discussed 1. Planning reports and review of draft Ordinary Meeting agenda 2. Cycling and Walking Strategy 3. Wolstencroft Reserve 4. Tree branch and bee hives in historic tree in Spring Gully 5. Infrastructure forums 6. High Street, Marong 7. Long-term use of the White Hills tip site 8. Recycling bins at Golden Square pool 9. Staff Code of Conduct 10. Golden Square pool 11. Australia Day celebration at Golden Square pool 12. Splash Park 13. Kangaroo Flat Aquatic Centre bulletin 14. John Burke, OAM 15. Staff appointment to Environmental Review Committee 16. Hopley matter 17. Library opening 18. Roadside mirror 19. Refugee Welcome City 20. Hopley matter 21. Energy Efficient Street Lighting – Business Case for LED’s 22. Ward and Community Engagement Meetings 23. Proposed Notice of Motion 24. Section 89 Report

Attendees/Apologies

Councillors Cr Barry Lyons Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams


Mr Craig Niemann Mr Stan Liacos Ms Pauline Gordon Ms Prue Mansfield Ms Marg Allan Mr Darren Fuzzard Mr Peter Davies Mrs Alison Campbell


PAGE 150


Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

1. Cr Williams Yes

1. Cr Lyons Yes

Meeting Information


Meeting Date 6 December 2013

Matters discussed 1. Governance 2. Finance report 3. Work Teams 4. Working Together for Timor Leste: The Next 10 Years Conference and Expo 5. Long-term placement 6. Volunteer Security Risk and Management 7. Actions summary

Attendees/Apologies



Ms Deborah Blake Mr Matt Dorstaetter Mr Rod Flavell/ Mr Roger Muller Mr Ian Blake Ms Jenny Feiss Mr Mark Feiss Mr Ken Hubbard Mr John Jones Ms Naidene Parry Mr Barry Secombe Ms Sandra Tunley Ms Marilyn Tangey Apology: Ms Margaret Paulsen




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Meeting Information

Meeting Name/Type White Hills and East Bendigo Heritage Study Steering Committee

Meeting Date 13 February 2014

Matters discussed 1. Update on citations for Hospital precinct and industrial / complex sites 2. Update on Incorporated Plans for industrial / complex sites 3. Site issues and recommendations 4. Project dates 5. Actions table

Attendees/Apologies

Councillors Cr James Williams Cr Peter Cox Apology: Cr Lisa Ruffell


Ms Emma Bryant Mr Ander Cockerall Ms Prue Mansfield Dr Dannielle Orr/ Mr David Bannear Ms Kate Gray (Lovell Chen) Apologies: Ms Megan McDougall



RECOMMENDATION

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


PAGE 152

7. URGENT BUSINESS


PAGE 153

8. NOTICES OF MOTION

8.1 NOTICE OF MOTION: POSITIVE AGEING

CR ROD FYFFE

That Council write to the Prime Minister and Minister for Social Services to:

- voice its concern at the abolishment of the Advisory Panel for Positive Ageing and the

absence of an alternative framework that provides older members of our community with full and equal engagement in government policy direction; and

- advocate for a review of the Ministerial structure with a preference to recognise the significant challenges and opportunities of an ageing population through appointing a Minister responsible for the Ageing in this current government.

Background

In the 2012-13 the Labor government announced funding of $4.7 million over four years to establish an Advisory Panel on Positive Ageing as part of the Treasury portfolio. The purpose of the Panel was to provide advice to Government to ensure both industry and governments can position Australia to benefit from a larger, more active population of seniors. The objectives of the Panel included:

Comment on policy design across government on matters of relevance to senior

Australians; Conduct targeted consultation with key stakeholders, in particular the business

community, on ways that the Government and community can increase the economic and social participation of senior Australian.

Follow up the recommendations made in the reports of the Panel on Economic Potential of Senior Australians and Forum on Mature Age Participation.

In November 2013 the Prime Minister announced that the Advisory Panel was to be scrapped, In addition to another 20 non-statutory bodies, to streamline government services and reduce duplication. The Prime Minister stated the activities of these committees could be managed within existing departmental resources. The cut in funding of the Advisory Panel would result in a saving of just over $1 million a year.


PAGE 154

In November 2013 the Chair of the Panel, Mr Everald Compton, said the Panel only had six months until it was able to give the government a blueprint on all the legislative, policy and financial changes required over the next 25 years to transition ageing into an asset rather than a liability.

Officer comment (Pauline Gordon, Director Community Wellbeing) The work the Panel on Positive Ageing undertook was consistent with the emerging social issues facing Bendigo and the key needs identified in the CoGB Positive Ageing Strategy, such as social connection, life-long learning and healthy mind and body. This also included the Panel formally identifying that housing for seniors will become a major public policy issue. Similarly social housing is a key issue of the CoGB Positive Ageing Committee. A concern is the loss of a mechanism to influence policy at a national level on positive ageing issues that would in turn enable opportunities to meet ageing needs within the municipality.


PAGE 155

9. COUNCILLORS' REPORTS

10. MAYOR'S REPORT

11. CHIEF EXECUTIVE OFFICER'S REPORT

12. CONFIDENTIAL (SECTION 89) REPORTS

Nil.

20140305 council agenda 5 march 2014

Documents

panel report

decisionmaking page

bendigo airport

finance report

code of conduct

quarter report

bendigo town hall copies

financial sustainability