Académique Documents
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VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 20 January 2016
Bendigo Town Hall
Copies of the City of Greater Bendigo Councils Agendas & Minutes
can be obtained online at www.bendigo.vic.gov.au
PAGE 1
Council Vision
Greater Bendigo - Working together to be Australia's most liveable regional city.
Council Values
Council wants the community to continue to have reason to be proud of the city and will
do this through:
Themes
1.
2.
3.
Productivity
4.
Sustainability
5.
PAGE 2
ORDINARY MEETING
WEDNESDAY 16 DECEMBER 2015
ORDER OF BUSINESS:
ITEM
PRECIS
PAGE
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
CONFIRMATION OF MINUTES
1.
2.
10
2.1
10
2.2
18
2.3
32
2.4
48
3.
73
3.1
73
3.2
80
3.3
86
PAGE 3
4.
PRODUCTIVITY
91
5.
SUSTAINABILITY
91
6.
92
6.1
92
6.2
102
6.3
110
6.4
114
6.5
119
6.6
Record of Assemblies
124
6.7
135
7.
URGENT BUSINESS
137
8.
NOTICES OF MOTION
138
8.1
138
9.
COUNCILLORS' REPORTS
139
10.
MAYOR'S REPORT
139
11.
139
12.
139
12.1
139
____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER
PAGE 4
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
PAGE 5
Acceptance of Questions
Councils Meeting Procedure Local Law does not allow for other questions or comments
during the remainder of the meeting.
1.
2.
In the event that the same or similar written 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 written 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:
Legal proceedings;
More appropriately addressed by other means;
Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
Answer likely to compromise his / her position;
Confidential, commercial-in-confidence.
5.
Each individual whose written question has been accepted or declined will be
advised by early afternoon on the day of the scheduled meeting.
6.
In the event of a written question being declined the question will be circulated to
the Council for information.
PAGE 6
A Councillor who has declared a conflict of interest, must leave the meeting and
remain outside the room while the matter is being considered, or any vote is taken.
Councillors are also encouraged to declare circumstances where there may be a
perceived conflict of interest.
PAGE 7
CONFIRMATION OF MINUTES
Minutes of the Ordinary Meeting of Wednesday 25 November 2015.
The following items were considered at the Ordinary Council meeting held on
Wednesday 25 November 2015 at 6:00pm.
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 25 November
2015, as circulated, be taken as read and confirmed.
PAGE 8
1.
Nil.
PAGE 9
2.
10
2.1
Document Information
Author
Responsible
Director
Summary/Purpose
Amendment details:
Proponent:
Key issues:
Updating the flood controls for the City to assist future land
use planning and development decisions to minimise the
risks to the Bendigo community from flooding.
Recommendation:
Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Council manages the planning and development of the City through the preparation
of major strategies and effective amendments to the planning scheme.
PAGE 10
11
Sustainability
Implement the Bendigo Flood Study by commencing the associated planning scheme
amendment.
Background Information
The key steps in the Amendment process are summarised below:
Amendment prepared
We are at this
point
Submissions received?
For many years the Land Subject to Overland Flooding overlays in Bendigos Planning
Scheme have been recognised as being out of date and inaccurate. In 2009, after
extensive lobbying by the Director Planning and Development, the City, North Central
Catchment Management Authority (NCCMA), the State Government and the Federal
Government (via the then Natural Disaster Mitigation Program) committed funds to
undertake a new flood study for the purpose of updating these overlays in the Planning
Scheme. Refer attachment for final study.
PAGE 11
12
Bendigo is made up of a very complex series of catchments and sub catchments that
ultimately feed water into Bendigo Creek that travels north towards the Murray River. To
fully understand this complexity, the consultant, Water Technology, integrated two
models to map overall flooding. The Rainfall and Runoff Model, otherwise known as the
Spine model, was used to model the main creeks. This model was calibrated using data
from existing stream gauges and observations / photos obtained from the community
during early consultation phases. The Rainfall on Grid model was used to model the
many individual small catchments across the city using real ground surface levels and
approximately 20,000 underground stormwater pipes.
The resulting raw data was very detailed ranging from a small puddle in a back yard to a
fast flowing creek; approximately 50,000 properties were affected. The consultants
believe that the study is the largest of its type ever undertaken in Victoria and possibly
Australia (1 computer ran the models for more than 12 months).
The NCCMA and the City then applied filters to this information, eg removing all flooding
less than 50mm, removing puddles less than 800m2, to come up with the ultimate
mainstream flooding along the creeks and waterways and stormwater flooding. Storm
water flooding areas were further refined to only include areas where the drainage
problem was unlikely to be fixed in the near future as no feasible solution has been
determined and where development in the flood path could affect downstream
properties. The stormwater flooding overlay is also proposed on and behind the levy
bank in Epsom to protect the levy from development, and to prevent development that
could be affected by levy bank breaches.
The study area was expanded after the project had started to include Maiden Gully,
Strathfieldsaye and Junortoun for completeness and to provide information for structure
planning. These areas were not included in the original study area, which focussed on
the Bendigo Creek, as they drain into the Myers Creek and Axe Creek / Campaspe
River.
Community Consultation:
Given the nature of the study and potential number of properties affected, an extensive
community consultation process was undertaken following finalisation of the Study in late
2013. The City and the NCCMA individually contacted nearly 10,000 people who could
be affected by the Study, to seek feedback on the flood mapping.
Communications included:
Media briefing, media releases and public notices
Individual letters to properties owners affected by the proposed Planning Scheme
Overlays (9,216).
Twelve public workshops to allow individual residents, businesses, and
landowners to discuss the flood study at prearranged times.
More than 600 individual meetings
Radio and television
Website (more than 2,500 hits)
Social media
PAGE 12
13
The consultation allowed landowners the opportunity to provide further data to assist in
refining the predicted impacts of storms on their property. The further information
generally related to recent changes in landform or structures and where warranted the
flood mapping was changed.
Planning Scheme Controls
The final flood mapping from the Study has been translated to planning scheme controls;
either to a Land Subject to Inundation Overlay, (mainstream flooding, which is currently
applied in some areas of the municipality), or to a Special Building Overlay.
The
Special Building Overlay identifies where there are issues with the council urban
drainage system as opposed to flooding along the creeks.
The Environmental Significance Overlay is currently used in the planning scheme as a
type of de facto flooding overlay. It is therefore proposed to remove this overlay from
creeks that do not have environmental concerns; ie constructed channels and minor
waterways not designated under the Water Act 1989.
It is also proposed to amend the Land Subject to inundation Overlay to reduce planning
permit requirements and to introduce a Local Floodplain Development Plan, which will
provide specific guidance for planning permit applicants.
Previous Council decisions
23 October 2013 Council endorsed the community consultation phase for the study.
Report
The Planning and Environment Act 1987 allows for a planning scheme Amendment to be
initiated by a municipal Council, or a Council can respond to a request for an
Amendment by any person or body.
When requesting authorisation from the Minister for Planning, an Explanatory Report
must be submitted that discusses the purpose, effects and strategic justification for the
Amendment. Key issues identified in the Explanatory Report are summarised below.
(Full copy attached).
Land affected by the Amendment
The Amendment will affect approximately 5,500 properties in total across the Municipality
by either adding or removing an overlay. Some properties will be affected by more than
one map change. Refer to attached map of land to be affected by a flooding control.
What the Amendment does
The Amendment proposes to:
Amend Clause 21.08 Environment of the Municipal Strategic Statement to refer to the
importance of flood management and planning.
PAGE 13
14
PAGE 14
15
PAGE 15
16
Preliminary feedback was also obtained from members of the public who were able to
provide valuable photographic and video evidence of the impact of known storms
throughout Bendigo. This information was used in the preliminary calibration processes
for the spine model.
Discussions have also occurred with representatives from the (community based) Epsom
Huntly Drainage Committee.
External Consultation:
NCCMA
State Emergency Service
Coliban Water
Department of Environment and Primary Industries
Department of Environment, Land, Water and Planning
Bureau of Meteorology
Internal Consultation:
Future Consultation
Once the amendment is authorised it will be publicly exhibited for a minimum of a month,
as required under the Planning and Environment Act 1987. The City must give notice of
Amendments to all owners and occupiers who may be materially affected by an
Amendment, together with prescribed Ministers and public authorities.
The Amendment notice will be exhibited in the Government Gazette and the Bendigo
Advertiser Newspaper and information provided on Councils website. A bulletin will also
be sent to affected landholders explaining the changes, and a community information
session will be held for people to drop in and ask questions, and one on one meetings
will be held with individuals if needed.
Due to the community consultation that has already occurred, and the high resolution of
issues raised about the flood data already, it is expected the consultation process will run
smoothly, but provisions are in place for extensive community interest and responses.
Conclusion
To ensure that new development in or near floodplains is designed appropriately to
protect assets, life and the floodplain, it is critical that this new flood information is
introduced to the planning scheme. It is recommended that Council seek authorisation
from the Minister for Planning to prepare and exhibit the Amendment.
PAGE 16
17
Options
Council has the option of:
Supporting the Amendment proposal and making a request to the Minister for
Planning to authorise preparation and exhibition of the Amendment.
Refusing the request to prepare an Amendment.
Requesting further information if the Amendment application documentation is not
sufficiently comprehensive for a request to the Minster at this time.
Resource Implications
Extensive officer time will be required to prepare the Amendment documentation for
authorisation, exhibition, manage the exhibition process and liaise with the Minister for
Planning.
The City is responsible for payment of statutory fees and costs incurred in the processing
of the Amendment. This may include a panel hearing process if the Amendment has
unresolved submissions following exhibition. This has been budgeted for.
The amendment will result in more properties being covered by an overlay therefore
increased planning applications. However this resource cost is partially off set by the
development of more permit exemptions in the overlay, development of a Floodplain
Development Plan to give more guidance on applications and a reduction of the risk of
development and infrastructure being affected by flooding in the future.
Attachments
Bendigo Urban Flood Study 2013
Explanatory report
Map of flood area
RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1. Adopt the Bendigo Urban Flood Study 2013.
2. Request the Minister for Planning to authorise Council to prepare Amendment C221
to the Greater Bendigo Planning Scheme.
3. When Authorised by the Minister, exhibit Amendment C221 to the Greater Bendigo
Planning Scheme giving notification as required for six weeks.
PAGE 17
2.2
18
Document Information
Author
Responsible
Director
Summary/Purpose
Amendment details:
Proponent:
No. of submissions:
13 No objections
Key issues:
Recommendation:
Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Theme 2 - Planning for Growth
PAGE 18
2.2
19
Council manages the planning and development of the City through the
preparation of major strategies and effective amendments to the planning
scheme.
2.2.1 Complete and implement the following major strategies through planning
scheme amendments:
Hospital Precinct Structure Plan
Background Information
The key steps in the Amendment process are summarised below:
Amendment prepared
Submissions received
We are at this
point
The Hospital Precinct Structure Plan (HPSP) was adopted by Council on 10 September
2014 following an 18-month preparation timeframe. A high priority action is to implement
the HPSP by making various zoning, overlay and policy changes to the Greater Bendigo
Planning Scheme. These changes are integral to realising the vision and objectives of
the HPSP.
PAGE 19
20
Report
An Explanatory Report is attached and details the purpose, effect of the Amendment and
provides the strategic justification for the Amendment as required. Key issues identified
in the Explanatory Report are summarised below.
Land affected by the Amendment
The Amendment applies to 165 hectares of land immediately surrounding the new
Bendigo Hospital, generally bounded by Norfolk Street, Smith Street, Nolan Street,
Napier Street, Joseph Street, Chapel Street, Pall Mall, View Street, Valentine Street,
Hustlers Road, Hunt Street and Orlwin Street, Bendigo. It is shown as the Hospital
Precinct on the map below.
PAGE 20
21
PAGE 21
22
Submissions
Thirteen (13) submissions (6 from referral authorities and 7 from the public) were
received during the exhibition period and are summarised below.
All submitters have been contacted to discuss and respond to concerns, resulting in all
submitters having no objection to the amendment. Therefore no Panel is necessary to
proceed with this amendment.
PAGE 22
23
Recommendation:
No
change
to
amendment.
After information provided regarding the
Residential Growth Zone and the
amendment, the submitter confirms no
objection.
A change to the configuration of
proposed rezonings is not necessarily
required, and could potentially be
counter-productive.
The C1Z, is proposed to be applied to
properties on the first half of Water
Street leading up from Bridge Street.
The remaining half of the street
overlooking Rosalind Park is within the
RGZ
and
so
apartments
and
townhouses could be developed to take
advantage of the amenity of this
position.
The Residential Growth Zone (RGZ),
proposed for Barnard Street, and Uley
Street (north side), allows certain
commercial uses either as-of-right or
with a planning permit. Conversely, if
the Commercial 1 Zone (C1Z) were
applied to this area, the range of
commercial uses would increase, and
could potentially dilute commercial
investment into Bridge Street where it is
most needed.
PAGE 23
24
Recommendation:
amendment.
No
change
to
Recommendation:
amendment.
PAGE 24
No
change
to
25
Submitter 4: Rising Sun Property Consultants (on behalf of The Cheng and
Lok Company Pty Ltd)
Summary of submission
Also supports the rezoning of the subject The submitter supports this change.
site from Commercial 2 to Commercial 1.
Note: The City of Greater Bendigo is the
Requests that that the Design and landowner of the site subject to this
Development Overlay (Schedule 21) for submission (Chinese Museum).
Bridge Street is extended to include the
subject site, which is considered to be
part of the Bridge Street precinct. The
DDO controls should provide direction
related to building height and form, as
well as interaction with the adjoining park
and other land uses.
PAGE 25
26
Also supports the rezoning of the subject The submitter supports this change.
site from Commercial 2 to Commercial 1.
Note: The City of Greater Bendigo is the
Requests that that the Design and landowner of the site subject to this
Development Overlay (Schedule 21) for submission (Chinese Museum).
Bridge Street is extended to include the
subject site, which is considered to be
part of the Bridge Street precinct. The
DDO controls should provide direction
related to building height and form, as
well as interaction with the adjoining park
and other land uses.
Submitter 7: Department of Economic Development, Jobs, Transport &
Resources
Summary of Submission
No
suggested
Amendment.
changes
the Recommendation:
amendment.
PAGE 26
No
changes
to
27
Recommendation:
amendment
No
changes
to
the
No
changes
to
PAGE 27
28
Recommendation:
amendment.
No
changes
to
PAGE 28
29
No
changes
to
PAGE 29
30
Conclusion
As all submissions have been resolved, it is recommended that Council adopt the
amendment, with changes as described in the recommendations above and forward the
adopted amendment to the Minister for Planning for final approval.
Options
Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning
authority may adopt an Amendment or part of an Amendment with or without changes. If
a planning authority adopts part of an Amendment the Amendment is then split into two
parts.
PAGE 30
31
Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of
submissions received in relation to an Amendment, the Council must either:
Change the Amendment in the manner requested by the submitters and adopt the
Amendment with changes; or
Refer the submission(s) to an Independent Panel appointed by the Minister; or
Abandon the Amendment, or part of the Amendment.
It is recommended that Council adopts the amendment in full with changes as described
above. There would be no need for a panel as the submissions are resolved subject to
adoption of the changes.
Resource Implications
There will be negligible impact on the planning permit system as most uses and sites
within the precinct require a planning permit already.
Officer time will be required to prepare the Amendment documentation for adoption and
liaise with the Minister for Planning.
The City is responsible for payment of statutory fees ($798) and costs incurred in the
processing of the Amendment.
As all submissions have been addressed, an independent planning panel hearing has
not been required, resulting in a substantial cost and time saving.
Attachments
Copy of submissions and additional correspondence
Explanatory report
Maps
RECOMMENDATION
That the Greater Bendigo City Council resolves to:
1. Adopt Greater Bendigo Planning Scheme Amendment C216 with changes.
2. Forward the adopted Amendment to the Minister for Planning for approval.
PAGE 31
2.3
32
Document Information
Author
Responsible
Director
Summary/Purpose
Application details:
Application No:
DSD/305/2015
Applicant:
Land:
Zoning:
Overlays:
None
No. of objections:
Consultation
meeting:
Key considerations:
Conclusion:
PAGE 32
33
Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Productivity
Council fosters business and industry growth.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The application site is an irregular shape with a frontage of approximately 36 metres to
Gold Hill Court on the western boundary. The site has an overall area of 3,056 square
metres and two crossovers provide access to the site.
A dwelling exists generally in the middle of the site, with an outbuilding in the south west
corner. The dwelling is located on the highest point of the site with the land sloping away
from the dwelling in all directions. There are several large canopy trees on site and
several others have been removed within the past 3 years. The site is landscaped with
shrubs and Box Ironbark trees.
The site shares boundaries with eight lots and is the largest of five larger lots located at
end of Gold Hill Court. The larger lots range in area from 1,098 to 3,056 square metres.
The site abuts standard sized lots greater than 500 square meters with most in close
proximity greater than 750 square metres. All the lots adjoining the site contain a single
dwelling.
The site is 1.8km from the Kangaroo Flat commercial activity area and approximately
6kms to the CBD. The Kangaroo Flat residential character policy for the area describes it
as:
This area is newly developed with small setbacks and numbers of larger
dwellings, but in parts substantial remnants of native vegetation make it
distinctive. The native vegetation character is strongest when the vegetation flows
from block to block and into the road reserve.
PAGE 33
34
Figure 1: Location map showing subject site. Objectors properties marked with a star.
Proposal
Subdivision and development
The application proposes to subdivide the existing lot into four lots and construct two
dwellings. Dwellings will be constructed on lots 1 and 2. No dwelling is proposed for lot 3
as the lot size will be greater than 300 square metres, therefore no planning permit is
required. Plans have, however, been submitted to demonstrate that a dwelling can be
constructed on the land.
Lot 1 will be 260 square metres and irregular in shape. A two bedroom dwelling with
attached garage will be constructed one metre (at the closest point) off the rear
boundary. The eastern side wall will be constructed 200mm from the boundary with lot 2.
Lot 2 will be 270 square metres and irregular in shape. A three bedroom dwelling with
attached single garage and hard stand space in front of the garage is proposed. The
western side wall of the dwelling will be constructed within 200mm of the boundary with
lot 1.
Lot 3 will be 306 square metres and plans submitted are indicative only for the purpose
of demonstrating that a dwelling can exist on the lot.
Lot 4 will be 1,915 square metres and comprise the remainder of the site, including the
existing dwelling and outbuilding. Vehicle access to the site will be via the existing
southern crossover closest to the court bowl.
PAGE 34
35
Access to lots 1-3 will be via a common property driveway of 346 square metres to be
located in the north western corner of the site.
Materials and finishes
All proposed dwellings will be constructed of the following materials and finishes:
Roof
Concrete tiles;
Gutter
Colorbond Jasper;
Fascia
Colorbond Jasper;
Walls
Render Cream ;
PAGE 35
36
37
Other Provisions
General residential zone (clause 32.08)
Residential subdivision (clause 56)
Decision guidelines (clause 65)
Referral and notice provisions (clause 66)
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral
Comment
Powercor
Coliban Water
Telstra
Downer
Drainage
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, 4 objections were received with the grounds of objection being
summarised as:
The proposal does not met the Citys adopted Residential Character Policy (KF6);
The design does not respect the existing density of lots within the neighbourhood;
Amenity impacts owing to the closeness of the proposed dwellings with existing
dwellings. Impacts include overshadowing and overlooking;
Inaccuracy with the plans in relation to the adjoining dwellings;
Parking and traffic concerns (increased parking demand within the court bowl);
The design does not detail how the remainder of the land will be developed into the
future.
The objections and planning merits of the proposal are discussed below:
Planning Assessment
Is the principle of an increase in residential density appropriate in this location?
PAGE 37
38
There are broad housing policy directions in the State Policy (Clauses 11.02 and 16.01)
and the Municipal Strategic Statement of the Planning Scheme which are supportive of
medium density housing, in some form, on the application site.
Clause 11.05-4 Regional planning strategies and principles have the objective to
develop regions and settlements which have a strong identity, are prosperous and are
environmentally sustainable.
Of relevance to this application is the strategy to promote liveable regional settlements
and healthy communities by improving the availability of a diverse range of affordable
accommodation, including social housing, in locations with good access to transport,
commercial facilities and community services.
Clause 11.12 Loddon Mallee South regional growth includes strategies which
promote Bendigo as a regional city which seek to facilitate increased residential densities
for underutilised sites and land in Bendigo.
Clause 16.01 Residential development promotes a diverse range of housing that meet
community needs in locations that offer good access to services and transport and that is
both water and energy efficient.
The land is zoned General Residential and located on the outer edge of the Urban
Growth Boundary. The proposal meets the overarching objectives of housing policies
within the State Planning Policy Framework (SPPF) to increase the availability of housing
in established residential areas that offer good access to services and transport and that
is both water and energy efficient. The nearest public bus route is 990 metres away and
located on Olympic Parade. Services in the immediate area are limited, although the site
is in close proximity to schools, 2.5km from the Kangaroo Flat local centre and Bendigo
CBD is within a 10 minute drive.
Whilst the location may be appropriate for a medium density infill development, it is
important to balance this against other objectives in the Planning Scheme as set out in
the MSS. This includes ensuring the proposal which includes the subdivision layout and
location of dwellings is acceptable when assessed against site context, existing
character and the preferred character of the neighbourhood.
Residents have raised concerns about the subdivision layout and location of proposed
dwellings. A key concern raised was the density of dwellings proposed for a particular
corner of the site with no detail how the remainder of the site may be developed in time.
Whilst it is acknowledged that this subdivision would result in an increase in density, it is
also identified as being out of character with neighbourhood. An application should not
be refused on the basis of density alone unless it can be demonstrated that the level of
density would result in a poor planning outcome for additional reasons such as not being
an appropriate response to the features of the site and the surrounding area including
neighbourhood character.
This is discussed further below.
Does the proposed subdivision and development respect existing and preferred
neighbourhood character and an adequate response to the features of the site?
PAGE 38
39
This is a proposal which requires balancing State and Local policies which encourage
consolidation of new housing within established urban areas whilst at the same time
requiring development to be respectful of existing and preferred neighbourhood
characteristics and respond to the features of the site and context.
To achieve a design that reflects the existing or achieves the preferred character of an
area, it must firstly consider the site and its context features. Designs that appropriately
consider the relevant residential character policy and the site's features and context
generally result in acceptable development outcome.
Both clauses 54 and 56 have objectives to ensure the design responds to the site and
context features in conjunction with respecting the existing neighbourhood character or
contributing to the preferred neighbourhood character.
In this instance the site and context features relevant, include:
Large lot of 3,082 square metres;
The site has a frontage of 36 metres to Gold Hill Court;
Typography is gently sloping from the centre of the site to the all boundaries;
The site has established trees that form part of the character of the area;
The site is elevated;
Connected to and potential to have all services connected to subsequent lots;
Space available around the existing dwelling for increased density;
The site shares boundaries with 8 different lots;
The existing dwelling is setback 21 metres from the front boundary and central to the
site;
Lot sizes in the broader development are greater than 600sqms with most greater
than 750sqms.
Neighbourhood character is referenced as an important consideration throughout the
Planning Scheme including Clauses 15.01 Urban Environment, 16.01 Residential
Development, 21.06 Housing, 22.18-22.26 Residential character policies, 32.08 General
Residential Zone, Clause 54 single dwelling on a lot and clause 56 Residential
Subdivision.
The application site is within Kangaroo Flat Residential Character Precinct 6 (KF6) which
provides guidelines for appropriate development. The statement of desired future
character is The bush garden qualities will be strengthened.
The application has been considered against the preferred design response objective
noted in the policy as follows:
PAGE 39
Objective
40
To maintain and strengthen the native Retain existing high canopy trees and
and indigenous vegetation dominated understorey wherever possible.
streetscapes.
Replace any trees lost due to development
with similar size indigenous or native trees.
Officer Response: Several large trees were removed from site between April and
July of 2013. The proposal requires three more existing canopy trees to be removed
from the site which were planted by the owners. No replacement trees are
proposed, however the landscape plan indicates ground covers and shrubs will be
planted. It is possible to locate a driveway and additional dwellings on the land and
not require canopy trees to be removed. The proposal does not meet the preferred
design response to retain canopy trees.
To minimise site disturbance and Buildings should be designed to follow the
impact of the building on the contours of the site or step down the site.
landscape.
Officer Response: Site cut and fill is required to construct the proposed dwellings.
The level of cut and fill is minimal and responds appropriately to the contours of the
property.
To maintain the consistency, where The front setback should be not less than
present, of building front setbacks
the average setback of the adjoining two
dwellings.
Officer Response: The setback of the proposed dwellings complies as they are
greater than the two adjoining dwellings.
To ensure that adequate space is The total hard surface site coverage
available on private land for the (including outbuildings, swimming pools,
retention and planting of vegetation.
tennis courts, driveways and all nonpermeable surfaces), should not exceed
50%.
Proposals that exceed the specified site
coverage maximums must demonstrate
that the site coverage objective and all
remaining
objectives
and
design
responses have been met.
PAGE 40
Objective
41
Officer Response: The preferred design response is met for lot 4 (existing dwelling)
with less than 11% coverage, however, the remaining lots exceed the maximum
50% site coverage of hard surfaces:
Lot 1 = 50% coverage
Lot 2 = 57% coverage
Lot 3= 62% coverage
Lot 4 = 11% coverage
Proposed lots 1, 2 and 3 are above the 50% maximum non permeable area
preferred.
Although no dwelling is currently proposed on lot three, the indicative plans detail
the area of non-permeable surfaces exceeds 62%.
If the preferred design response is not met, the objective to ensure that adequate
space is available for retention and planting of vegetation on private land must be
met. Insufficient space on proposed lots 2 and 3 are provided to achieve the
objective. Lot 3 has space available to plant a canopy tree or two, however this
space is designated for lawn in the landscaping. Lot 1 has space available for tree
planting and could accommodate replacement vegetation.
The proposal currently does not meet the objective.
To minimise the dominance of car Locate garages and carports behind the
storage facilities.
line of the dwelling.
Officer Response: Garages have been designed and sited appropriately.
To ensure that buildings and Respect the predominant building height in
extensions do not dominate the the street and nearby properties.
streetscape.
Use low pitched roof forms.
Officer comment: Dwellings will not dominate the streetscape given the setback to
the street and presentation to the common property.
To encourage innovative architecture Buildings should be individually designed
that reflects the bush garden setting.
to respond to the dominant characteristics
of the area and to the site.
Officer Response: The dominant characteristics of the area are single storey
dwellings with an attached garage or carport and present to the street. Although not
innovative architecture, the dwellings are generally separated from one or both side
boundaries.
The dwellings are single storey and respond to the dominant characteristics of the
area.
To maintain and enhance the Provide open style front fencing.
continuous flow of the bush garden
settings and the openness of the
streetscape.
PAGE 41
Objective
42
Assessment
General
The State Planning Policy Framework
and
the
Local
Planning
Policy
Framework, including the Municipal
Strategic Statement and local planning
policies.
General
The purpose of this zone.
43
Decision Guideline
Assessment
previously.
Subdivision
The subdivision layout will result in three
The pattern of subdivision and its effect dwellings being clustered together in one
on the spacing of buildings
corner of the site. This does not reflect
the existing character of the area and
has potential amenity impacts, both on
the adjoining residents and the secluded
private open space provided for the
proposed dwelling on lot 2.
Subdivision
For subdivision of land for residential
development,
the
objectives
and
standards of Clause 56.
Dwellings
For the construction of one dwelling on a
lot, the objectives, standards and
decision guidelines of Clause 54.
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44
The lack of separation between dwellings on lots 1, 2 and their proximity to the rear
boundary with 4 and 5 Ming Court is out of character in of the area. Although this is often
the case with medium density developments, it is not necessary to occur in this instance.
There is the potential for this development to achieve greater separation between
dwellings and appropriately considers the site and its surrounding context.
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45
As discussed throughout this report, the design response does not appropriately
consider the neighbourhood and the site, nor respect the existing or preferred character
or respond to the features of the site.
That said, the site is certainly large enough to accommodate an increased density and
dwellings, just not in the configuration proposed.
A8 Significant trees objectives:
To encourage development that respects the landscape character of the
neighbourhood.
To encourage the retention of significant trees on the site.
Several large trees have been removed from the site in the past 3 years. Three canopy
trees (Box Ironbark) are proposed to be removed to facilitate the development. A design
response which retains the existing trees and achieves the density is achievable.
A14 Overshadowing objective:
To ensure buildings do not unreasonably overshadow existing secluded private open
space
An objector has raised concerns relating to overshadowing of their land at 2/11 Hines
Court from lot 3. No dwelling is proposed to be constructed on the site as part of this
application and the plans submitted are indicative only to show a dwelling can occur on
the subject site. The plans submitted demonstrate the indicative dwelling complies.
A15 Overlooking Objective:
To limit views into existing secluded private open space and habitable room windows.
Although there were objector concerns about overlooking, all views to adjoining
properties would be obscured by existing and proposed fencing, therefore meeting the
standards.
A17 Private open space objective:
To provide adequate private open space for the reasonable recreation and service
needs of residents [authors emphasis].
All lots have sufficient space to meet the minimum required amount of private open
space and secluded private open space required by both the requirements of the
Planning Scheme and the Building Code.
A concern is whether lot 2 has adequate private open space for a three bedroom
dwelling given the triangular nature of the secluded private open space. This overall
space is greater than 40 square metres, however will contain a clothes line and a 1
metre wide landscaped area for approximately 7 metres along the rear boundary.
It is granted the area is greater than the minimum required, however I am not convinced
the area will be adequate for the reasonable recreation and service needs of future
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46
residents of the 3 bedroom dwelling. The site is close to the regional park to the west but
greater than 1.8kms from the nearest recreation facility, being the Kangaroo Flat football
oval.
Traffic and Parking
Local residents have raised concerns regarding the impact on traffic flows and parking in
the area. The proposal is compliant with parking and access requirements (subject to
conditions) and the local road network can accommodate the vehicle movements that
would be associated with the development. The condition set by the Citys Traffic
Engineer requires some minor changes to the subdivision to allow a vehicle to exit the
site via a three point turn in a forward direction from lot 3. A condition could be included
on any permit if one is issued, requiring plans be amended to demonstrate vehicles can
exit this site within a three point turn.
Public Open Space Contribution
A public open space contribution was made as a result of the subdivision in 1991, having
regard to the criteria set out in the Subdivision Act 1988.
Other Objector Concerns
Increase in noise and traffic
Some of the objectors are concerned the noise levels emanating from the proposed lots
will impact on their amenity. Noise will occur, however, it would not be considered
excessive for a residential area.
Devaluation of property
Some of the objectors are concerned the proposal will cause devaluation of their own
properties.
There is established case law which holds that a proposed decrease in property is an
irrelevant consideration. A long standing position held by VCAT is that other than in
exceptional cases, and where evidence can be presented, loss in property values will not
be entertained as a ground of objection.
Conclusion
This development seeks to introduce three additional lots and subsequent dwellings on a
large residential zoned parcel of land which contains an existing dwelling.
Balancing increased density of existing urban land such as the site with neighbourhood
character and potential amenity impacts on existing and future residents is not an
uncommon challenge. The challenge will inevitably become more commonplace and
arguably unavoidable as the City seeks to achieve a sustainable increase in densities in
urban areas to meet population growth.
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47
The key issue in this application is the design proposed does not adequately result from
the opportunities and constraints of the site and has potential amenity impacts on
existing and future residents.
There is sufficient land available to achieve the density proposed and meet all the
Planning Scheme requirements. The applicant has decided to cluster the dwellings into
one corner of the site which results in a pattern of development not in keeping with the
character of the area and has amenity impacts. As a result the proposal does not meet
the statement of desired future character of the Kangarooed Flat Residential Character
Policy Schedule 6 or all of the objectives.
Although the lot has a great opportunity to provide increased density, the proposed
design does not respect the preferred character of the area and will have amenity
impacts and Council should refuse the application.
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
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to Refuse to Grant a Permit at 5 Gold Hill Court, KANGAROO FLAT
3555 for the following reasons:
1. The proposed subdivision and subsequent clustering of dwellings does not
appropriately derive from the site and surrounding pattern of development nor respect
the existing and preferred character of the neighbourhood.
2. The proposal is contrary to the following clauses of the Greater Bendigo Planning
Scheme:
(a) 15.01-5 Cultural identity and neighbour character;
(b) 21.06-1 Urban design and neighbourhood character and relevant objectives,
strategies and implementation;
(c) 22.18
Kangaroo Flat residential character policy precinct 6 (KF6)
(d) 54.02-1 Neighbourhood character objective
(e) 51.03 -6 Significant trees objective
(f) 54.05-2 Private open space objective
(g) 55.03-8 Landscape objectives
PAGE 47
2.4
48
Document Information
Author
Responsible
Director
Summary/Purpose
Application details:
Application No:
DSD/490/2015
Applicant:
Land:
Zoning:
Overlays:
No. of objections:
Consultation
meeting:
Key considerations:
Conclusion:
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49
Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The site was created by a previous subdivision in 2010.
It is a battle-axe shaped allotment located on the eastern side of Arrawalli Avenue,
generally opposite the intersection of Arrawalli Avenue and Triplett Avenue and is
situated behind existing residential development.
Orientated east to west along its longest axis the site has a frontage to Arrawalli Avenue
of 5.5 metres, has a maximum length of 111.06 metres and a total area of 3,349 square
metres.
The site is currently vacant and is cleared from any vegetation.
The site is identified as being within an area of Aboriginal Cultural Heritage Sensitivity
due to the proximity of Back Creek.
The site is located within an area broadly zoned General Residential. There is no
evidence of contamination.
Residential properties adjoining the site contain single storey dwellings on allotments
ranging in size between approximately 533 square metres and approximately 768 square
metres.
Land to the east of the site is denoted by a linear area of passive open space, including a
walking path which extends along the western side of Back Creek.
The Epsom Railway Station is located approximately 1.2 kilometres generally south of
the site, while the Howard Street commercial area (Epsom Village) is located
approximately 1.3 kilometres south west.
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50
Figure 1: Location map showing subject site. Objectors' properties marked with a star.
Proposal
Development Plan
The application seeks approval of a development plan in accordance with the
requirements of the Development Plan Overlay Schedule 2. The development plan
amends a previously approved development plan, with changes focused solely on the
application site.
Subdivision
The application seeks approval for an 8 lot subdivision. The subdivision will create lots
ranging in size from 290 square metres to 320 square metres.
Lots will be orientated to present towards a common access which will extend through
the centre of the site.
The subdivision is proposed to be completed in one stage.
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51
Dwellings
Eight single storey dwellings are proposed to be developed on the site.
Each dwelling will contain three bedrooms and is provided with a double garage. The
dwellings will be constructed of exposed and rendered brickwork and hipped colorbond
roofs.
Areas of secluded private open space are provided at the rear of each allotment.
Fences
New 1.8 metre high colorbond fences are proposed to be installed between the new
allotments and along the eastern boundary.
Planning Controls - Greater Bendigo Planning Scheme
The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework
11.05-1
11.12
13.02-1
14.02-1
14.02-2
15.01-1
15.01-3
15.01-4
15.01-5
15.02-1
15.03-2
16.01-1
16.01-2
16.01-4
16.01-5
18.02-1
19.03-2
19.03-3
52
21.05
21.06
21.08
21.10
Settlement
Housing
Environment
Reference Documents
Other Provisions
32.08
42.01
43.04
44.04
52.01
52.06
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral
Comment
Powercor
Coliban Water
Telstra
Downer
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53
Referral
Comment
Department of Environment,
Water and Planning
Drainage
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, seven objections were received, with the grounds of objection
being:
Planning Assessment
State Planning Provisions
The State Planning Policies which are relevant to this application are previously identified
in this report.
Clause 11.12 Loddon Mallee South regional growth identifies Bendigo as a regional
city which is to support major growth.
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54
One of the key objectives is to manage population growth and settlement through
facilitating increased commercial and residential densities, mixed use development and
revitalisation projects for underutilised sites and land in Bendigo.
The subdivision of the site into eight allotments and development of an additional eight
dwellings will support an increased residential density which can be appropriately
facilitated through the provision of services and infrastructure.
The proposal will support the demand for housing in the area as a result of population
growth in the municipality.
Clause 15.01-1 Urban Design aims to create urban environments that are safe,
functional and provide good quality environments with a sense of place and cultural
identity.
Eight new single storey dwellings are proposed to be developed on allotments ranging in
size from 290 square metres to 320 square metres.
The built form of the development is generally consistent with the pattern of development
in the area in terms of respecting building height and the type of materials to be utilised.
The proposal will result in a small increase to the density of the area, with the lot sizes
smaller than those evident in the immediate vicinity, however it is considered this will
also contribute to residential choice.
Given the context of the site (behind developed properties) the character of the area will
not be significantly altered by the proposal. While there will still be visibility of the
proposal from the public realm the layout and design of the development will minimise
any adverse impacts on the existing built form and presentation of the streetscape.
The provisions of Clause 16.01 Housing are generally supported by the proposal,
providing for additional residential housing in the area that can be serviced and accessed
to cater for the needs of the community.
The subdivision will provide an alternative choice in lot sizes to those currently available
in the area and provide for development in an area which has access to established
infrastructure including the Epsom Railway Station.
It is considered that the proposal could have further contributed to the diversity of the
built form by providing for different house types and sizes (i.e. two bedrooms), however it
still contributes to increasing medium-density housing that respects the character and
utilises existing infrastructure.
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55
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56
Lot sizes in the immediate area generally range in size between approximately 533 and
768 square metres which is typical of newer subdivisions in the urban areas of Greater
Bendigo. These lots are principally developed with single storey, detached dwellings with
associated outbuildings at the rear.
Although the lot sizes are smaller than those typically found in the site's immediate
vicinity, the proposal will contribute to creating residential diversity in the area through
the availability of alternative lot sizes.
The dwellings proposed to be developed on each lot will all contain three bedrooms,
associated living areas and small private outdoor areas. The proposed built form could
have sought greater diversity (i.e. the inclusion of two bedroom dwellings), which would
have contributed further in providing alternative housing options in the area.
Nonetheless, the proposed dwellings appropriately meet the needs of sections of the
community who seek moderate sized development on smaller, low maintenance lots.
Development Plan
The land is affected by a Development Plan Overlay.
In this instance a development plan was approved for the original subdivision which
formed the site in May 2010. It was considered the application lodged for the site was not
generally in accordance with the approved plan therefore a new development plan was
prepared for the site and notification given to adjoining owners and occupiers.
Schedule 2 of the Development Plan Overlay has three conditions / requirements for
permits:
1. All development must be generally in accordance with the reports entitled Outline
Development Plan 1 Station Street, Epsom or Outline Development Plan 2
Myrtle Road, Ascot.
2. All residential development must be serviced with reticulated water and sewerage.
3. All development must be serviced with sealed roads to the satisfaction of the
responsible authority.
Outline Development Plan 2 Myrtle Road, Ascot is the relevant document to the
application site.
The proposal is considered to be generally in accordance with the Outline Development
Plan for the following reasons:
All services including reticulated water and sewer can be connected to the allotments.
Access to the site is established via a sealed local road network which is
appropriately constructed.
The proposal is in keeping with the purposes of the General Residential Zone.
Appropriate measures can be taken to protect the development from potential
inundation from back creek (i.e. floor level requirements set by North Central
Catchment Management Authority).
The site adjoins an established area of passive open space which will be easily
accessible by residents of the development.
Contributes to providing a variety of residential choice in the area.
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Schedule 2 (Epsom and Ascot) of the Development Plan Overlay sets out four
requirements for development plans. These being the development plan must:
Describe the relationship of uses proposed on the land to the existing and proposed
uses on adjoining land and proposed buffer areas separating land uses and public
land.
Provide appropriate arrangements for the provision and funding of necessary physical
and community infrastructure.
Provide suitable linkages between the site and road, public, bicycle and pedestrian
transport facilities.
Provide a soil and water report with all applications to demonstrate the capacity of
infrastructure to service the development, treat and retard stormwater and reduce any
soil and water impacts downstream of the development.
The development plan prepared by the applicant appropriately addresses and satisfies
the requirements of the overlay.
Environmental Significance Overlay and Land Subject to Inundation Overlay
The eastern boundary of the site is identified as being within the Environmental
Significance Overlay Schedule 1 (Watercourse Protection), while the entire site is
affected by the Land Subject to Inundation Overlay due to the proximity of Back Creek.
Clause 42.01 Environmental Significance Overlay Schedule 1 seeks to protect and
maintain the natural environment of watercourses and their surrounding habitat.
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Back Creek is located approximately 60 metres east of the site and is separated from the
boundary by an area of passive open space which includes a walking / cycling path.
It is considered that the separation of the site from the creek, ability to connect to
reticulated services and the retention of established vegetation along the creek reserve
will contribute to preserving the identified environmental qualities of the area.
Clause 44.04 Land Subject to Inundation Overlay seeks to minimise the risk of flood
damage though appropriate development design as well as to protect waterways and
water quality.
It is considered that Clause 13.02-1 Floodplain Management should also be addressed
when considering potential inundation.
Clause 13.02-1 Floodplain Management seeks to assist in the protection of life,
property and infrastructure as well as supporting the significance and function of
waterways.
A significant portion of the area is identified as being at risk of inundation in the event of
a 100 year flood event. The development on the site will be required to be built to
specified floor heights to reduce the risk of any inundation occurring.
The risk of inundation of the area was known at the time the original subdivision was
undertaken. It is therefore considered that infrastructure in the area would have been
appropriately designed to take into account this potential risk.
The application was referred to the North Central Catchment Management Authority,
Goulburn Murray Water and Department of Environment, Land, Water and Planning as
part of the planning application process, with no objections received from any authority in
regards to the proposal.
ResCode Clause 55 Two or More Dwellings on a Lot
The requirements of Clause 55 apply to this proposal. A response to the key objectives is
provided as follows.
Clause 55.02-1 Neighbourhood Character - objectives:
To ensure that the design respects the existing neighbourhood character or
contributes to a preferred neighbourhood character.
To ensure that development responds to the features of the site and surrounding
area.
A number of concerns were raised from nearby residents that the higher density nature
of the proposal was not in keeping with the established character of the area.
The character of the area is denoted by single storey, detached dwellings, generally with
double garages presenting to the established street network. Dwellings are setback from
at least one side boundary.
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While it is acknowledged that there are differences between the proposed dwellings and
the established pattern of development in the area, it is considered that the proposal will
not adversely impact on the established character for the following reasons:
The density is not significantly greater than the existing built form. Based on the
average lot size of the area being approximately 650 square metres the site which
has an area of 3,350 square metres could accommodate approximately 5.5 dwellings
at the same ratio as the surrounding area. The proposal which seeks to construct
eight dwellings is not significantly greater than the established development ratio.
The battle axed shaped nature of the allotment will minimise views of the
development from the established street network (i.e. the proposal will not impact on
the streetscape character).
The dwellings are proposed to be single storey, constructed from brick and colorbond
which is in keeping with the established built form.
Clause 55.03-3 Site Coverage - objective:
To ensure that the site coverage respects the existing or preferred neighbourhood
character and responds to the features of the site.
The site is currently a large vacant allotment which has no obvious features.
The applicant has indicated that the overall site coverage from the proposed
development will be 40 percent which is less than the sixty percent allowable under the
provisions of the Planning Scheme.
While the density of the development may be perceived as being significantly greater,
the overall site coverage is generally in keeping with the extent of built form on adjoining
and nearby properties.
Clause 55.03-5 Energy Efficiency - objectives:
To achieve and protect energy efficient dwellings and residential buildings.
To ensure the orientation of layout of development reduces fossil fuel energy use and
make appropriate use of daylight and solar energy.
Dwellings have been designed to extend along the northern and southern boundaries of
the lot.
The dwellings along the northern boundary have been designed with habitable rooms
including living, meals and kitchen along the northern elevation, as well as areas of
secluded private open space. These dwellings will receive significant solar access which
will contribute to enhancing their energy efficiency.
Dwellings along the southern boundary will have bedrooms along the northern elevation
while living areas including secluded private open space will generally be located along
the southern elevations. A greater area of secluded private open space has been
provided for these dwellings to ensure appropriate solar access is provided.
The application plans demonstrate that there will be no adverse impact from
overshadowing over adjoining dwellings therefore the solar access and energy efficiency
of these allotments will be protected.
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While the areas provided are less than other allotments in the area they exceed the 25
square metres required under the Planning Scheme. In addition the spaces are
functional and easily accessible to residents and provide for low maintenance useable
spaces.
Clause 55.05-5 Solar Access to Open Space - objective:
To allow solar access into the secluded private open space of new dwellings and
residential buildings.
Dwellings proposed along the northern boundary of the site will be provided with
secluded private open space along the northern elevation which will ensure significant
solar access is provided to these areas throughout the day.
Four other dwellings will be constructed along the southern side of the site which has
resulted in their areas of secluded private open space being located along the southern
elevation.
While the location of this secluded private open space is not ideal a greater setback
between the dwelling and rear boundary has been provided for part of the secluded
space to increase the provision of solar access.
The application patterns satisfy the requirements of this provision.
ResCode Clause 56 Residential Subdivision
The requirements of Clause 56 apply to this proposal. A response to the key objectives is
provided as follows.
Clause 56.04-1 Lot Diversity and Distribution - objectives:
To achieve housing densities that support compact and walkable neighbourhoods
and the efficient provision of public transport services.
To provide higher housing densities within walking distance of activity centres.
To achieve increased housing densities in designated growth areas.
To provide a range of lot sizes to suit a variety of dwelling and household types.
The site is identified as being within the Urban Growth Boundary near the edge of an
integrated activity centre in the adopted Greater Bendigo Residential Strategy (2014).
The subdivision will create lots ranging in size from 290 to 317 square metres, providing
greater diversity to lot sizes currently in the area.
Development plans have been submitted as part of this application which demonstrate
single storey, three bedroom dwellings will be constructed on the allotments. Small low
maintenance yards will be provided for each dwelling.
The site is located approximately 1,300 metres north east of Epsom Village in Howard
Street and provides shopping facilities including supermarket and chemist, while a child
care centre has also recently been approved.
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While there is no formal off road walking / cycling path all the way from the site to this
established commercial area, it is considered it is still within a walkable distance,
although the likelihood of this occurring is considered low.
Land to the east is denoted by passive open space which includes a walking / cycling
path. This path is proposed to be further expanded as land to the north of Ironstone
Road is subdivided and will provide additional off-road connections in the area.
Clause 56.04-5 Common Area - objectives:
To identify common areas and the purpose for which the area is commonly held.
To ensure the provision of common area is appropriate and that necessary
management arrangements are in place.
To maintain direct public access through the neighbourhood street network.
A common access way from Arrawalli Avenue will service all eight lots and include areas
for visitors parking and landscaping.
This area will be managed by a body corporate to ensure it is maintained at a high
standard. Delineation between common and private areas will be denoted through the
use of surface finishes and landscaping.
The common access will not impact on the established street network and as land to the
east is denoted by passive open space the area could not be utilised as a thoroughfare
by vehicles.
Clause 56.06-8 Lot Access - objective:
To provide for safe vehicle access between roads and lots.
There is only one point of vehicle access available to the site which has raised a number
of concerns from local residents due to its size and location.
The application has been assessed by the City of Greater Bendigo Traffic Engineers who
have not objected to the proposal and the following comments were provided:
The access complies with the relevant Australian Standards for access and car
parking.
Sight lines can be achieved exceeding the minimum requirement, providing fence
heights at the entrances are reduced.
The number of vehicles utilising the access is an irrelevant argument as only one
vehicle can enter and exit at one time.
The latest traffic count data for Arrawalli Avenue produced an average daily count of
448 vehicles. Given that this count captures over sixty houses south of the Arrawalli /
Triplett Avenue intersection and a large majority of traffic from the thirty houses north
of this intersection (these were the existing houses constructed at the time the count
was undertaken), it is considered that the increase in traffic volume from an eight lot
development would not significantly increase congestion.
The intersection of Arrawalli and Triplett Avenue is a T-intersection which are
generally considered safe.
The existing Arrawalli / Triplett Avenue intersection complies with the Austroads
standard, including signage.
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Property Value
A concern received in an objection related to the impact of the proposal of property
value.
There is established case law which holds that a decrease in property value is an
irrelevant planning consideration. This has been a long standing position by the Tribunal
and other than in exception cases, where clear evidence can be presented, the loss in
property values will not be entertained as a ground of objection.
No evidence has been provided to support this ground of objection, therefore it is not a
relevant consideration.
Restriction on Title
A Covenant (PS638653U) is registered on the title for the application site.
Only the application site is burdened by the restriction which states:
"The registered proprietor or proprietors for the time being of Lot 36 on this plan to which
the following restriction applies shall not construct any habitable structure with a floor
level lower than 183.90 m AHD."
The application was referred to North Central Catchment Management Authority as part
of this planning process. The Catchment Management Authority has requested a floor
level no lower than 184.1 metres AHD.
As this floor level is higher than that required by the restriction on title it is considered an
amendment or variation of the restriction is not required and the condition is met.
Garbage Collection
Due to the narrow frontage of the site to Arrawalli Avenue (approximately 5.5 metres)
garbage and recycling collection must be undertaken by a private service.
Public Open Space Contribution
A public open space contribution, which included a monetary contribution and land to
create the linear reserve was provided to the City of Greater Bendigo when the site was
originally created by Planning Permit DS/678/2009.
As a contribution has already been provided no further contribution is required as part of
this subdivision.
Conclusion
The application seeks approval for the subdivision and development of land within an
established residential area of Ascot.
The subdivision and development has been designed to take into consideration the
layout and context of the site, including the established pattern of development.
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While the lot sizes are smaller than those currently developed in the area, this is not
considered to be unreasonable as it contributes to diversity. There could have been
further consideration into providing greater diversity in regards to the built form, however
it is still considered the proposal is likely to meet a need within the community (i.e.
standard sized dwellings on low maintenance allotments).
Vehicle access to and from the site will be provided via a single accessway from
Arrawalli Avenue. The access arrangements, impact on traffic and car parking have been
assessed by the City of Greater Bendigos Traffic Engineers and comply with the
relevant standards.
A reserve adjoining the site was provided to the City of Greater Bendigo at the time of
the original subdivision, therefore the public open space has already been met.
Overall it is considered the proposal appropriately complies with the requirements of the
Greater Bendigo Planning Scheme.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
Objections
RECOMMENDATION
That the Greater Bendigo City Council resolves to:
A. Approve the Development Plan prepared by Total Property Development reference
number PA 15043.01 and;
B. Pursuant to section 61 of the Planning and Environment Act (1987), issue a Planning
Permit for an 8 Lot Subdivision and Development of 8 Dwellings at 11A Arrawalli
Avenue, ASCOT 3551 subject to the following conditions:
1.
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crossing.
(c) Fencing along the eastern boundary between the front walls of Dwelling
7 and Dwelling 8 to be semi-transparent.
(d) Pedestrian access between the site and adjoining passive open space.
(e) Alternative treatment to western boundary of Lot 1 to improve
presentation of site when viewed from common driveway and Arrawalli
Avenue.
(f) Barrier along the western side of visitors car parking spaces to prevent
vehicles hitting the boundary fence.
(g) Landscape plan in accordance with Condition 2.
(h) Floor level in accordance with Condition 26.
2.
3.
NO LAYOUT ALTERATION
The use and development permitted by this permit as shown on the endorsed
plans and/or described in the endorsed documents must not be altered or
modified (for any reason) except with the prior written consent of the
responsible authority.
4.
LANDSCAPING MAINTENANCE
The landscaping shown on the endorsed plans must be maintained to the
satisfaction of the responsible authority, including that any dead, diseased or
damaged plants are to be replaced.
5.
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.
6.
7.
VEHICLE ACCESS
All vehicles must enter and exit the site in a forward direction at all times.
8.
67
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.
11.
12.
13.
STORMWATER DETENTION
Prior to the connection of any building to the responsible authoritys drainage
system, the owner or applicant must provide onsite surface and stormwater
detention to pre-development levels in accordance with plans and
specifications to the satisfaction of the responsible authority.
14.
STORMWATER QUALITY
Before the use or development commences, the owner or applicant must
provide a stormwater treatment system to achieve the Best Practice
Environmental Guidelines storm water quality (Victorian Stormwater
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CONSTRUCTION WORKS
Road works, drainage and other civil works must be constructed in
accordance with the City of Greater Bendigo Infrastructure Design Manual
and plans and specifications approved by the responsible authority and must
include:
(a) Underground drainage.
16.
17.
PUBLIC ASSETS
Before the development starts, the owner or developer must submit to the
responsible authority a written report and photos of any prior damage to
public infrastructure. Listed in the report must be the condition of kerb &
channel, footpath, seal, street lights, signs and other public infrastructure
fronting the property and abutting at least two properties either side of the
development. Unless identified with the written report, any damage to
infrastructure post construction will be attributed to the development. The
owner or developer of the subject land must pay for any damage caused to
any public infrastructure caused as a result of the development or use
permitted by this permit.
18.
STORMWATER PITS
The stormwater pits in the vicinity of the vehicle crossing must be upgraded
to grated pits in accordance with the Infrastructure Design Manual SD480.
19.
VEHICLE CROSSINGS
Vehicular access to the subject land from any roadway or service lane (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 Engineering & Public Space Unit prior to any
work commencing in the road reserve.
20.
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69
accordance with the endorsed plan and must be drained and provided with
an impervious all weather seal coat. The areas must be constructed, drained
and maintained in a continuously useable condition to the satisfaction of the
responsible authority.
21.
22.
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.
23.
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.
24.
25.
GOULBURN-MURRAY WATER
(a) All works within the subdivision must be done in accordance with EPA
Publication 960 Doing it Right on Subdivision, Temporary Environmental
Protection Measures for Subdivision Construction Sites, September
2004.
(b) Each lot must be provided with connection to the reticulated sewerage
system in accordance with the requirements of Coliban Water.
(c) Stormwater run-off from buildings and other impervious surfaces must be
dissipated as normal un-concentrated overland flow prior to being
discharged to a legal point as nominated by the Responsible Authority.
Any stormwater discharge to the waterway must be undertaken in a
manner that does not cause erosion or the discharge of sediment.
26.
27.
TELECOMMUNICATIONS
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70
(a) The owner of the land must enter into an agreement with:
a telecommunications network or service provider for the provision of
telecommunication services to each lot shown on the endorsed plan in
accordance with the providers 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 providers 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.
28.
29.
POWERCOR
(a) The plan of subdivision submitted for certification under the Subdivision
Act 1988 shall be referred to Powercor Australia Ltd in accordance with
section 8 of that Act.
(b) The applicant shall:
Provide an electricity supply to all lots in the subdivision in accordance
with Powercors 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.
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 Victorias No
Go Zone rules.
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71
30.
COLIBAN WATER
(a) The owner is required to provide reticulated water and sewerage
services to each of the lots within the subdivision and comply with any
requirements arising from any effect of the proposed development on
Coliban Water assets. Services are to be provided in accordance with
our 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.
(c) All existing and proposed sewers must be located at least 1 metre from
any proposed structure/boundaries.
31.
COMPLETION OF DEVELOPMENT
Before a statement of compliance is issued for the subdivision:
(a) The dwelling(s) approved under this permit must be constructed to a
state of practical completion to the satisfaction of the responsible
authority; or
(b) The owner must enter into an agreement under section 173 of the
Planning & Environment Act 1987 that covenants that the lots created by
the subdivision will only be developed in accordance with the plans
endorsed under this permit. The agreement will end upon completion of
the development shown on the endorsed plans.
32.
Telstra Note
Approval does not cover alterations to existing Telstra plant or network. Locations of
existing network can be obtained from Dial Before You Dig Ph: 1100
For co-ordinated Telstra plant reticulation in this development, please refer to
www.telstrasmartcommunity.com to register your development and apply for reticulation.
City of Greater Bendigo Engineering & Public Space Note
A Works within Road Reserves permit must be obtained from the City of Greater
Bendigo Engineering & Public Space Unit prior to any work commencing in the road
reserve.
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3.
73
3.1
Document Information
Author
Responsible
Director
Summary/Purpose
To explain the inconsistencies currently existing between groups and facilities on Council
managed land compared to groups and facilities with direct committee of management
responsibilities with the Department of Environment, Land, Water and Planning
(DELWP).
Policy Context
Council Plan Reference:
This report is strongly aligned with the following Council Plan 2013-2017 strategic
objectives and actions:
1.2.3 Advocate to other levels of government for funding for required infrastructure, key
projects and services to be in place for our growing and lovable municipality.
3.2
Residents and visitors are able to access good quality sports and recreational
leisure facilities that are fit for purpose and enable them to celebrate their active
artistic, cultural, sporting and social lives.
5.3
5.7.1 Understand the impact of rate capping on the Citys long term financial
sustainability and community aspirations for services and facilities and advocate
to the State Government for the best outcome for our community.
5.7.3 Thoroughly evaluate the potential long-term impacts of any shift of responsibility
or reduction in funding from the State Government, before agreeing to continue to
fund service delivery, new services or take over responsibility for assets.
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Background Information
There have been a number of issues (mainly) coming out of small towns regarding
community groups and community facilities and the disparity between support that is and
that can be provided by the City of Greater Bendigo (the City). This involves a number of
Directorates across the City with requests for support being sought for building
maintenance, insurance, mowing, tree pruning and recreation support.
Issues encountered by officers largely stem from the different classifications of land and
a lack of policy position for how the City should respond to and support activities upon
this land. The land classifications and the way nearly identically used pieces of land are
treated differently is a problem for officers in responding to requests from the community.
More importantly it is becoming an increasingly frustrating issue for community members
who do not understand or appreciate the delineation between facilities or the responsible
tier of government.
For the purposes of this discussion paper the main classifications of land used by
community groups or community facilities are summarised in the below table.
Classifications of Land
Classification
Owned by
Council
Managed Land
The City
The Crown
(DELWP)
Direct COM
Land
The Crown
(DELWP)
Managed by
The City
The City (as
Committee of
Management)
Direct Committee of
Management
Formal support
provided by the City
Yes
Yes
Inconsistently/informal
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At a Council Forum earlier this year it was agreed to extend the insurance support
offered to community groups involved with Council Managed Land to those community
groups involved with Direct COM land. This change did not result in a significant impact
on the Citys resources (an additional expense of $3,496 was incurred), but did provide a
consistent approach to an issue where previously there had been anomalies for similar
types of community groups due solely to the classification of the land they carried out
their activities on.
Some of the issues being faced with requests for support for Direct DELWP COMs were
identified in a 2014 audit undertaken by the Victorian Auditor General into DELWPs
management and support to committees of management of Crown Land.
In February 2014 the Victorian Auditor General released findings into DELWPs (then
named DEPI) Oversight and Accountability of Committees of Management. VAGO found
significant shortcomings contributing to why community committees of management
were failing, including DELWPs inadequate governance of CoMs and its lack of a
strategic approach to supporting and overseeing CoMs. DELWP had also failed to take
adequate steps to ensure the sustainability of CoMs into the future.
Several key recommendations arising from the audit specified that the level of support
provided to COMs needed to be increased and the relevant recommendations along
with DELWPs committed actions to address these issues are include in Attachment 2.
DELWPs response to Recommendation 9 of VAGOs findings is also of interest to the
City as it indicates DELWPs intentions to reassign additional reserves to local councils.
DELWP did commit to greater support to COMs in response to VAGOs findings, yet it is
CoGB officers experience that DELWP are either:
not providing this support to COMs
are suggesting COMs seek the Citys assistance for this support
or COMs may not be aware of potential support available from DELWP.
Regardless of whatever policy direction Council feels is the best for the community it is
recommended that Council follow up with the appropriate Minister on the findings of the
VAGO audit and advocate for more support for community committees of management.
Advocacy to the Minister should focus on ensuring that the recommendations and
commitments that arose from the VAGO report are being put into action by DELWP.
Additional advocacy is also required to seek funding or additional support from the State
Government for where and when the City takes on additional management
responsibilities for crown land. This is pertinent in light of recent Council decisions
resulting in the City taking on the management responsibilities for Dower Park in 2015
and Malone Park in July 2016 with no additional support, financial or otherwise, from the
State Government. Once the State Governments position is clarified the City will be
better informed to make a decision on a potential policy addressing support for these
sites currently managed by community committees of management and reporting directly
to DELWP.
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Case Study
An example for how two similar groups can be treated differently is illustrated in the two
examples of Barrack Reserve/Heathcote Swimming Pool and the Raywood Recreation
Reserve as shown in Attachment 3. These two sites although located in towns of
differing sizes still provide very comparable services and facilities to the community.
As demonstrated in the table there is a significant difference in how the two sites are
supported by the City. This situation has evolved over a long period time and officers
consider that it is time to look at developing a policy position to give Councillors and
officers certainty when dealing with affected groups.
Further Questions for Consideration
Further questions that will need to be discussed and addressed as part of any policy
include the following:
What is the definition of a community facility? Its recommended that a set of
criteria be developed to determine which facilities are considered community
facilities. Should these all receive the same level of support regardless of whether
theyre on CoGB managed land or not?
How broad is the policy does it include DELWP direct COMs only? Or does it
extend to other community facilities where there is a joint use agreement?
Currently facilities where there is a joint use agreement in place are not registered
on the Citys asset register making future asset planning and maintenance difficult.
Would all DELWP direct COMs want CoGBs assistance? For example, do we
need to give the COMs the option to opt out if they wanted to retain their
independence from the City?
Do they go on our asset register and attract depreciation for renewal and upgrade
works? Are some of these properties and reserves already on our asset register
and we dont include them in our long term plans?
Options/Alternatives:
Four key options to consider in terms of a policy that would address whether support is
or is not provided to community groups/facilities that are not on Council Managed Land
are:
1.
2.
3.
4.
A policy position where all community use Crown land is managed by the City.
A policy position where all community use Direct COM land receives the same
levels of support as other community use Council managed land, but is not
managed by the City.
A policy position where all community use Direct COM land is referred to DELWP
with any request for support in line with DEWLPs Committees of Management
Responsibilities and Good Practice Guidelines (Attachment 4)
That Council accepts inconsistency and treats each case on its merits using a set of
guidelines.
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Risk Analysis:
There are two broad high level risk areas that need to be considered with regards to any
potential establishment of a policy.
The first high level risk is the financial risk that would be involved in taking on the extra
responsibilities that currently do not formally sit with the City.
The second high level risk area is the social risk involved if the City do not support our
small towns to similar levels of support that are received in other parts of greater
Bendigo.
Consultation/Communication
Internal Consultation:
An internal working group has been established internally to discuss the varying and
competing issues and assist with the drafting of this report. The working group consists
of officers from Active and Healthy Communities, Building and Property, Parks and
Natural Reserves, Risk Management, Finance and Community Partnerships the wide
representation of areas is reflective of the impact that these issues have on the
organisation.
External Consultation:
If Council resolves to develop a policy or set of guidelines to address the issue then it is
intended to undertake appropriate engagement with the broader community and
stakeholders such as DELWP, DELWP direct CoMs, user groups, Dja Dja Wurrung and
Taungurung Clans Aboriginal Associations.
At the Councillors forum on 11 November 2015 it was suggested that a reference group
be established to resolve the matter, consisting of Councillors, DELWP, Dja Dja
Wurrung, Taungurung and relevant staff.
Resource Implications
Any change to the current status quo would need to be considered with careful
consideration of the resource implications.
For Options 1 and 2 the implications are expected to be significantly high. Taking on the
responsibility for managing these sites and providing the same level of support that is
currently provided to Council Managed Land would result in significant increases to the
budget area of property maintenance, renewal and parks. Extra staff resources would
also be required to undertake the work involved in managing the sites.
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With rate capping to be introduced prior to the development of the 2016/17 budget any
significant budget increase would need to be rationalised from another area of the Citys
budget or direct funded in order to pay for itself. While it is presumed that DELWP would
be happy for the City to take on management of more Crown land sites it is unlikely that
they would be open to contribute financially to the management of these sites as at
present it appears that they dont have the capacity and/or willingness to do so.
Following the VAGOs audit on DELWPs management of community committees of
management it is recommended that Council contact the relevant Minister to advocate
that more support is provided to these committees in line with the findings of the audit.
An example of the financial implications in taking on committee of management
responsibilities for a DELWP site can be shown by Councils recent decision (25
November 2015) to take on committee of management status for Malone Park. This
decision was made following an audit of the assets on site and the costs to the City were
an initial $278,000 for safety/compliance works with an additional $78,090 annually for
maintenance of the site. It needs to be noted that all sites do differ in number and quality
of assets and a budget bid to undertake condition audits of all relevant assets would be
required as part of the process for development of a policy.
Conclusion
There are a number of community facilities that are managed by committees of
management who report directly to DELWP with no formal relationship with the City such
as a lease or management agreement. With no documented responsibilities for each
party this leads to inconsistencies for how the sites are treated within and across various
departments of the organisation. As these sites are not considered Council managed
sites there is often a lesser level of service and support provided compared to
comparable sites throughout the municipality. This causes confusion and frustration
amongst members of the community, Councillors and officers.
In the current climate of rate capping and cost shifting Council need to be aware that
there are significant financial costs and risks in assuming extra responsibility for these
sites on behalf of DELWP, a State Government department. Advocacy to the State
Government highlighting these issues and following up on VAGOs findings is considered
an important first step in assessing what support will be available for these sites and
ensuring that the City does not have to wear the full burden involved with any potential
change.
Development of a policy, policy position or set of guidelines to provide clarity in the future
management of issues identified within this report is essential for community members,
Councillors and officers alike. Officers realise that any change will need to engage key
stakeholders and may be significantly influenced by the response received from the
State Government in regards to the advocacy mentioned prior.
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Attachments
1.
2.
3.
4.
RECOMMENDATION
1.
That the Mayor/Council advocate to the State Government ensuring more support
for community committees of management consistent with the findings and
commitments of VAGOs findings on DELWPs management of these committees.
2.
That the Mayor/Council advocate to the State Government for ongoing financial
support for crown land sites where and when the City takes on additional
responsibility.
3.
Following advocacy and once the State Government position is clarified, with
regards to ongoing financial support, a further report will be presented to Council
with a recommendation for a draft policy to be developed to address the current
inconsistent approach.
PAGE 79
3.2
80
Document Information
Authors
Responsible
Director
Summary/Purpose
To present the Redesdale Community Hub Feasibility Study (Feasibility Study) findings
for Council consideration.
Policy Context
Council Plan Reference:
This report is consistent with the following Council Plan 2013 - 2017 strategic objectives:
3.2 Residents and visitors are able to access good quality sports and recreational
facilities that are fit for purpose and enable them to celebrate their artistic, cultural,
sporting and social lives.
3.7 Structured community engagement, community planning and community
development programs support our residents and communities, particularly those
whose experience isolation.
5.3 Essential infrastructure is constructed, maintained and renewed to meet the needs
of current and future residents.
Regional Strategic Plan Reference:
This report is also consistent with the following Loddon Mallee (Southern) Regional
Strategic Plan key initiatives:
2.6 Develop community hubs in schools, CFA sheds, libraries or other accessible
locations to increase participation in community life.
Background Information
Situated near the juncture of the Greater Bendigo, Macedon Ranges, Mitchell and Mount
Alexander municipalities, the Redesdale township currently services a population of
approximately 2,000 people (Australian Bureau of Statistics 2011 Census). Over the next
20 years it is forecast that the population will increase by 10.5%.
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The township has a number of established businesses and also offers important
educational, emergency service, recreational and social infrastructure. Many travellers
pass through the township on their way to nearby Lake Eppalock, or as they traverse
between the Calder Freeway and McIvor Highway.
The Redesdale Community Hub concept focuses on the Agnes Mudford Reserve (the
Reserve) which incorporates an existing hall and some recreational facilities. The
Reserve is located at the intersection of the Heathcote-Kyneton and Bendigo-Redesdale
Roads, Redesdale. It is a Crown Land Reserve with a Committee of Management that
reports directly to the Department of Environment, Land, Water and Planning (DELWP).
The Reserve facilities are currently utilised on approximately 100 occasions per year.
This usage includes some regional level activities (e.g. for markets and as a staging area
for the Country Fire Authoritys Eppalock Group - involving up to 13 brigades and 40
emergency service vehicles - during times of emergencies) as well as many local level
activities (e.g. for various Committee meetings and structured sporting activities). A
number of annual community events held at the Reserve regularly attract more than 100
people.
The Redesdale and District Community Plan (the Community Plan) review undertaken in
2013 reiterated community aspirations to further develop and activate the Reserve, with
the overall objective being to strengthen community capacity, connectedness and
resilience. Potential new uses for the Reserve that have been proposed through the
community planning process include community festivals, general and specialist medical
consultations and an internet caf, to name a few.
In 2015 the City of Greater Bendigo (City) engaged Community Leadership Loddon
Murray Inc. (CLLM) to undertake a Feasibility Study to explore the viability of the
communitys aspirations. The brief provided to CLLM included to:
1.
2.
3.
4.
5.
Analyse Redesdales demographics, current facility and service provision plus any
gaps in these, and provide a comparative analysis of relative communities.
Outline any options for further developing the Reserves facilities to enable
servicing of a broader range of community needs.
Provide rationale for any further development options, with demonstration of need
and future sustainability (including revenue streams, optimum / shared uses and
volunteer resources) being key considerations.
Consider whether a Community Hub could support new social and economic
activity within Redesdale.
Outline cost estimates for any further development options, including capital /
renewal / maintenance works costs and operating costs. Staging of any works
should also be considered.
The Feasibility Study findings are discussed in detail within this report.
Previous Council Decision(s) Date(s):
Council endorsed the first iteration of the Redesdale and District Community Plan
(developed in 2008) on 1 July 2009, and the second iteration (developed in 2013) on 2
October 2013.
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Report
The Feasibility Study findings indicate a need and support for a Redesdale Community
Hub.
Population characteristics, gaps and opportunities identified by the Feasibility Study data
analysis and stakeholder consultation processes included:
Population characteristics
Redesdale has almost double the national average of people near retirement
age.
Many highly skilled people reside in the Redesdale area and work part-time
either as a lifestyle choice or to support their transition into retirement.
Young people living in Redesdale, whilst relatively low in number, are quite
severely disadvantaged by their rurality and limited public transport options.
Gaps
Opportunities
Playgroups.
Visiting dance and music teachers.
More social interaction and learning focused programs (e.g. after school study
groups, Mens Shed and / or U3A).
Health and allied health outreach services.
More health and wellbeing focused programs (e.g. tai chi, yoga).
Business / entrepreneur / social enterprise outreach mentoring.
Seasonal agribusiness use of facilities (e.g. hall kitchen).
Regional tourism promotion and support (e.g. visitor information hub and
overnight camping facilities).
Public internet access facilities.
The Feasibility Study identified that the current Reserve facilities are in need of some
upgrade or modification to better support the current range of uses, and to enable
expansion to more diverse uses. The hall, whilst functional, was found to require
substantial works to bring the kitchen and toilet amenities up to current standards.
The Feasibility Study explored three different infrastructure scenarios that are
summarised as follows:
1. Minor upgrade / modification of the existing facilities, with an estimated initial
cost of $160,000.
2. Major upgrade / modification of the existing facilities, with an estimated initial
cost of $550,000.
3. Development of a new stand-alone office space and consulting / program
rooms, with an estimated initial cost of $120,000.
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The Feasibility Study also identified a range of potential funding sources that could be
pursued to support the implementation of Scenario 2.
Recent Council investment in the Redesdale community
The following examples are provided as an indication of recent Council investment in the
Redesdale community. It is by no means an exhaustive list.
Year
2015/16 (year to
date)
Capital budget
Grant allocations
2014/15
Installation of 500m
of new gravel path
- $41,000
3 separate
Community Grants
- totalling $9,000.
2013/14
2012/13
2011/12
2010/11
Operating budget
Redesdale
Community Hub
Feasibility Study
consultancy $7,000
The City also sourced bushfire recovery funding from external sources following the 2009
Black Saturday Fires which directly impacted the Redesdale and surrounding
communities. This funding enabled the renewal of the Reserves playground and tennis
courts.
In addition, the Reserve Committee of Management is provided with an annual
maintenance grant (to assist with the cost of utilities, etcetera) of $3,000.
(Some figures quoted have been rounded out).
Conclusion
The establishment of a Redesdale Community Hub is a goal expressed within the
Redesdale and District Community Plan. The concept is also consistent with the Loddon
Mallee (Southern) Regional Strategic Plan and Council Plan 2013 2017 and the
directions stemming from the Greater Bendigo Rural Community Discussion Paper.
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A Feasibility Study has concluded that a Redesdale Community Hub would respond to
local identified community gaps and opportunities for bringing local organisations and
individuals together to increase social capital and resilience. The hub will also help to
achieve Councils vision and strategic objectives in the form of supporting small towns to
connect and grow.
The Feasibility Study recommends the upgrade / modification of current facilities at the
Reserve plus the development of some new facilities to better support the current range
of uses, plus enable a more diverse range of uses at the Reserve. The estimated cost of
the proposed works is $550,000 however staging of the works has been considered. The
staging would enable different government funding programs to be targeted and any
Council contributions that may be sought to be spread over multiple financial years.
Council would need to consider any Redesdale Community Hub related budget bids on a
case by case basis.
Attachments
1.
RECOMMENDATION
That Council endorse the Redesdale Community Hub Feasibility Study and consider any
related budget bids on a case by case basis.
PAGE 85
3.3
86
Document Information
Author
Responsible
Director
Summary/Purpose
To provide Council with details of Expressions of Interest received for membership of the
Community Grants Community Assessment Panels, and for Council to appoint the
Community Assessment Panel members.
Policy Context
Council Plan Reference:
This report is consistent with the following Council Plan 2013 2017 strategic objectives:
1.1 Good governance principles are used to guide strategic decision making.
Background Information
Council adopted a new Community Grants Policy (Policy) and associated Program
Guidelines (Guidelines) on 11 February 2015.
In accordance with the Guidelines:
All Community Grant applications are to be assessed by Community Assessment
Panels (Panel);
Panel members are to be recruited through a public Expression of Interest (EOI)
process;
Each Panel is to include a minimum of three and a maximum of five members;
Panel members are to be appointed by Council following consideration of all EOIs
received;
Panel membership is for a maximum three year term and is on a voluntary basis.
Previous Council Decision(s) Date(s):
11 February 2015
Council adopted the Community Grants Policy and associated Program Guidelines.
5 August 2015
Council endorsed minor amendments to the Policy and Guidelines.
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Report
The role of Panel members is to individually assess all applications against established
criteria, and to then collectively develop funding recommendations for Council
consideration.
The opportunity to submit an EOI for Panel membership was promoted through articles
and / or advertisements in community newsletters, newspapers, relevant email networks
plus the City of Greater Bendigos website and social media accounts. EOIs for Panel
membership opened on 1 October 2015 and closed on 16 October 2015.
EOIs were sought for Panel membership for the following six grant categories:
Active Communities
Community Arts
Community Development
Community Events
Healthy Communities
Print and Digital Publications
EOIs were not sought for the Environment category as that Panels membership is drawn
from Councils Sustainable Environment Advisory Committee. EOIs were also not sought
for the Driver Education for Youth category as that category will be discontinued as soon
as all of the funds held in Trust have been allocated (which is anticipated to be Round 2
of 2015/16). The existing Panel members for the Driver Education for Youth Category
are willing to continue on until this occurs.
The EOI process required applicants to respond to six questions. These questions
sought information from applicants about relevant knowledge, skills and previous
experience, plus the ability to maintain confidentiality.
22 different applicants submitted EOIs however some applicants expressed interest in
multiple Panels resulting in 36 EOIs for a maximum of 30 available positions (given that
the six Panels can each include a maximum of 5 members). Confidential Attachment 1
outlines which applicants submitted EOIs for which Panels.
The EOI Assessment Process
All EOIs were initially assessed for accuracy by a Panel comprising three staff in
conjunction with support from the Mayor, Cr Rod Fyffe reviewing the initial score against
criteria. A further meeting occurred with Councillor Representation from each ward; Cr
Barry Lyons, Cr James Williams and Cr Mark Weragoda reviewed the applicants and
supported selection of the preferred applicants to the six Panels. The work was in
accordance with the Council adopted Policy and Guidelines.
Each of the EOIs were assessed using the following criteria and maximum scores:
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Criteria
Motivation to nominate
Experience in working with community groups
Experience in assessing project proposals
Experience in assessing grant applications
Experience in applying for grants
Ability to maintain confidentiality
TOTAL
Maximum score
15
10
10
15
10
10
70
The scores were used as the basis for formulating the recommendations regarding Panel
member suitability for Ward Councillors consideration. As multiple applicants expressed
interest in multiple grant categories, consideration has also been given to trying to
achieve a gender and geographical balance.
There was some variation in the standard of applications received, ranging from most
providing very detailed responses to some providing very minimal responses.
Confidential Attachment 2 provides a summary of applicants Expressions of Interest.
The final recommendations are presented for Councils endorsement.
Priority/Importance:
It is a high priority to ensure Councils limited funding is targeted to activities that will be
of greatest community benefit, and that funding allocations are underpinned by the
principles of transparency, equity and sustainability. The use of Panels to assess
applications and to develop funding recommendations for Council consideration is one of
the strategies embedded within the Policy and Guidelines for achieving transparency.
As 2015/16 Community Grant Round 2 applications open on 1 February 2016, it is
important that Council appoint Panel members during December 2015 to enable
sufficient time for them to be adequately briefed and trained prior to needing to assess
grant applications.
Risk Analysis:
This is the first time EOIs have been publicly sought for membership of Community
Grants Panels. The overall process undertaken was consistent with the adopted Policy
and Guidelines and thus the embedded principles of transparency, equity and
sustainability as well as sufficiently rigorous with both staff and councillor involvement in
the process.
The Guidelines require all Panel members to declare direct interests in any Community
Grant application referred to them. Any Panel member that has a direct interest in an
application must not participate in the Panels deliberations regarding that application.
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Consultation/Communication
External Consultation:
The opportunity to submit an EOI for Panel membership was publicly advertised through
a range of mediums.
Resource Implications
The Guidelines provide for the Panels to be administratively supported by the Citys
Community Grants and Development Officer. Each of the Panels is also linked to a City
staff member who is a Specialist Officer for the respective grant category. The role of
various Specialist Officers is to assist the Panels with any technical queries about a
proposed initiative. Staff members must not try to influence Panel assessment or funding
recommendation outcomes.
Conclusion
In accordance with the Community Grants Policy and associated Program Guidelines
adopted by Council on 11 February 2015, Expressions of Interest have been publicly
sought for membership of Community Grants Community Assessment Panels across six
grant categories. The Program Guidelines stipulate that each Panel is to be comprised of
a minimum of three and a maximum of five members, and that Council must appoint the
Panel members.
22 different individuals submitted Expressions of Interest with some applicants
expressing interest in multiple Panels. This resulted in 36 Expressions of Interest for a
maximum of 30 available positions as the six Panels can each include a maximum of 5
members. There is still capacity for a further member on each panel.
21 individuals are recommended, with one applicant deemed unsuitable against the
criteria.
Attachments
1.
2.
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RECOMMENDATION
That Council, following consideration of all Expressions of Interest received:
1. Thank all applicants for their interest in Community Grants Community
Assessment Panel membership.
2.
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4.
91
PRODUCTIVITY
Nil.
5.
SUSTAINABILITY
Nil.
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6.
92
6.1
Document Information
Author
Summary/Purpose
The purpose of this report is to ask Council to adopt the attached draft submission to the
Local Government Act review discussion paper.
Policy Context
Council demonstrates leadership in its decision to meet future needs and challenges.
Background Information
On August 11 2015, the Minister for Local Government announced a review of the Local
Government Act 1989.
The purpose of the review is to revise the current legislation governing local government
in Victoria to create a more contemporary, accessible, and easier to understand Act that
meets the current and future needs of the community and local government sector.
The terms of reference provide for a comprehensive examination that will consider all
aspects of the current Act with a view to more accurately and consistently reflecting
policy intent and improving clarity, including provisions setting out objectives, roles,
functions and powers of councils; roles and responsibilities of councillors, mayors, CEOs
and council staff; directions about governance and administrative processes required to
be followed by councils; and the system of electoral representation.
To this end, a discussion paper was released to start a conversation between councils,
the community and the state government which identifies the key issues that reflect the
terms of reference for the review.
Submissions to the review discussion paper were invited and close on December 18
2015.
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Report
On November 12 2015, Councillors gathered for a workshop on the review, the purpose
of which was to identify a general position on the key issues distilled from the discussion
paper itself, but also from the issues, questions and concerns raised by the councillors
during the past 18 months, particularly in governance meetings.
The general position of the councillors has been expressed in the draft submission.
In addition to submissions from the sector, other contributions will be provided to the
review through technical working groups established by Local Government Victoria to
identify and prioritise key issues as identified in the discussion paper and by the group,
and provide options for addressing those issues; operational issues raised by chief
executive officers in separate correspondence; and community submissions.
Councillors have the opportunity to make individual submissions.
There will be a further opportunity to make a submission to a discussion paper which will
be developed in 2016 on the basis of responses to this discussion paper.
Resource Implications
There are no resource implications for Council
Attachments
1.
RECOMMENDATION
That Council(1) adopt the attached draft submission to the Local Government Act Review; and
(2) send the submission to the Local Government Act Review Secretariat.
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New tiers of local government could have larger regional councils with the
resources to provide key facilities and services to a broader region, and smaller
district councils, sitting within a larger regional area, continue to provide more
localised decision-making and representation.
Council submits that a new tier of local government with a regional emphasis may
serve to create a better environment for collaboration between larger regional
councils and smaller district councils for the provision of shared services not
hitherto available or affordable.
Role of a councillor
The Council agrees with the current role of a councillor as recently amended4.
A councillor is a constituent member of the Council 5 which exercises its power
through collective resolution, not individually.
The Council acknowledges that the interface between individual councillors and
the administrative arm is one of support through information and advice to enable
a councillor to perform his or her decision-making function in the context of
formally constituted meetings of the Council. It is not an executive function which
resides solely with the Chief Executive Officer6. In this regard, the Council
acknowledges the recent amendment to the Act which specifically delineates the
two functions7, and the Council submits that revised provisions should also make
the specific delineation to avoid confusion or doubt as to the respective functions.
The Council acknowledges that the only way it can state its opinion is by
resolution8, and submits that revised provisions could affirm this principle, not
with the view to stymie or contain legitimate debate, but rather support the
governance role and the unity of the Council after a decision has been made and
thereby avoid misunderstanding or confusion as to the opinion of the Council, as
opposed to the opinion of an individual. In this regard, the Council agrees with the
recent amendment to the Act which states that, in performing the role of a
councillor, a councillor must provide civic leadership in relation to the exercise of
the various functions and responsibilities of the Council under [the] Act and other
Acts9.
Independent of a formally constituted meeting of the Council, a councillor may
advocate on behalf of a constituent. The Council, however, acknowledges that in
exercising the role of councillor, a councillor represents the interests of the local
4
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community as a whole and must consider the diversity of interests and needs of
the local community,10 not just a portion of it. In this regard, the Council agrees
with the recent amendments to the Act clarifying the role of a councillor and
submits that the revised provisions should also contain this important distinction.
Role of a mayor
In addition to the current four specified statutory functions of a mayor 11, the
Council supports the four new functions in the recent amendment to the Act 12 to
include providing guidance to councillors about what is expected of a councillor,
acting as the principal spokesperson for the Council, supporting good working
relations between councillors, and carrying out the civic and ceremonial duties of
the office of Mayor.
Traditionally, many of the functions of the mayoral office have relied on convention
or the personality of individual incumbents. This situation may lead, in practice, to
confusion and inconsistency as to the relationship between a mayor and
councillors and a mayor and the administrative arm of the Council. It may also
potentially lead to conflict and an unreasonable diversion of Council resources.
The recent amendments add further clarity to the function which will serve to add
consistency to the role and avoid misunderstanding or confusion as to its
exercise. The Council submits that revised provisions could specifically affirm the
mayor is, and remains during the mayoral term, one constituent member of the
Council as a whole, and that, as a councillor, the role does not include the
performance of any functions that are specified as functions of the Chief Executive
Officer under section 94A of the Act.
Election of a Mayor
The Council agrees with the status quo in relation to the election of a mayor: that
a mayor be elected by the serving councillors for a term decided by the councillors
in accordance with the current provisions of the Act.
RELATIONSHIP WITH THE STATE
While local government in its current form is a creature of statute, with its distinct
status defined by Parliament13, this does not mean local government is an arm of
the State in the same way as a government department is, and councils should
not, therefore, be treated as such.
10
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Although created by statute for a public purpose, councils do not represent the
Crown. Councils are separate legal entities charged to ensure the peace, order
and good government of each municipal district.
It is submitted that revised provisions respect the integrity of local government as
a distinct tier of government and give practical expression to the overarching
principle that councils be answerable to those who elect it with minimal state
government intervention.
To this end, and mindful of practical realities, the Council submits that a new
charter reflect a renegotiated partnership with the state government in accordance
with the role and function of local government intended by the Act.
Revised provisions should regard intervention as a last resort and employ
prescription only where necessary and not as a matter of course given the direct
relationship between a council and the local community. In this regard, a council is
distinct from other statutory bodies whose public functions are discharged or
overseen by officers appointed or employed by the state.
COUNCIL INCOME
Arguably, local governments revenue base is contracting due to fiscal constraints
including reduced stated and federal funding, the impending rate cap and
mandated efficiency savings. Significantly, all of these factors are either external
impositions or reliance.
In this context, the issue of raising revenue to meet the cost of providing services
is an important one and in respect of which the status of councils should be taken
into consideration when identifying either alternative or additional income streams.
Council submits that the issue of revenue should be determined by the local
community who elect the Council. Applying this principle, a council should
determine its own budget and rates and charges suitable for, and answerable to,
the community that elect it. The state should only intervene in extreme
circumstances. This is consistent with the overarching principle recognising the
distinct and essential tier of government. It recognises local government in a real,
practical and responsible way rather than mere theory, however well-intentioned.
Council acknowledges grants available through the state and federal governments
to fund services, facilities and programs that align with local, state and national
strategies. The level of funding allocated to these grant programs need to reflect
community needs. Council accepts its obligation to articulate community priorities
in seeking funding from various programs.
While the Council does not advocate local government receiving a share of GST,
it does, nevertheless consider it worthwhile revisiting current exemptions which
serve to inhibit or restrict available revenue streams as an alternative. Removing
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the exemption from tax on land used for mining is an example. Another would be
removing the exemption of paying rates for public bodies occupying non-Crown
land. Consistent with the overarching principle is the removal of unreasonable
impediments against special charges and allowing councils to set statutory fees
based on cost recovery rather than fixed by the state and applied generally.
COST SHIFTING
In addition to the powers and responsibilities conferred under its own Act, councils
are responsible for functions expected of it under more than 40 other Acts of the
Victorian Parliament, including building control, planning, domestic animal control,
roads and traffic management, and some public health functions.
The practical consequence of transferring state functions to local government is
both the transfer of cost and responsibility. One follows the other, and the
suggestion that remaining impediments to further transfers be removed means
this burden will only increase.
While recognising there is no legal impediment to the state transferring
responsibilities to councils under Acts other than the Local Government Act, the
Council submits that the transfer be accompanied by an appropriate fee by way of
funding or an exemption from the imminent rate cap for any rate increase on an
ongoing basis as needed to offset the shift in cost.
Council submits the consideration and use of a local government impact
statement prior to any transfer of responsibility and cost to local government
should be reinforced.
COUNCILLOR CONDUCT
Codifying behaviour
Council submits that, consistent with the principle of upholding the integrity of this
distinct tier of government, councils should be allowed to draft their respective
codes of conduct to be adopted by the Council and signed by all councillors. To
impose a standardised code of conduct would serve as another example of
unnecessary prescription and intervention.
Behaviour enforcement
The revised provisions and the role of independent arbiter is supported by the
Council as it serves to both expedite resolution of matters, currently victim to an
unwieldy and protracted process, and also enables the Council itself to deal with
the matter and impose a sanction on the recommendation of the arbiter.
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Penalties
The Council supports the current range of available penalties that could apply for
a breach of a code of conduct and submits that directing and completing retraining
might also be considered a penalty where appropriate. This option may also serve
a practical benefit in addressing aberrant or challenging behaviour, at least in the
first instance.
Dismissal of a councillor(s)
Council submits that the current provisions dealing with councillor misconduct that
may adversely impact on the ability of a council to function or the health and
wellbeing of other councillors or council staff is inadequate and, arguably, unfair in
terms of addressing the source of the problem where it is identified not to be
systemic or widespread but limited to an individual or small group.
Currently, there is no power for the Minister to dismiss a councillor or councillors
identified as the cause of dysfunction or adverse impact following investigation,
there is only power to recommend to the Governor-in-Council that all the
councillors be suspended14. This may be a disproportionate response to the
problem and unfairly punishes councillors whose behaviour is not questionable or
subject to investigation.
Council acknowledges that a council cannot be dismissed except by an Act of
Parliament relating specifically to the Council 15. In order to proportionately
respond to the aberrant behaviour of an individual councillor or small group of
councillors, Council submits that statutory provision be made for individual
councillors to be dismissed in circumstances specified by the Act.
Providing for a dismissal mechanism does not violate the overarching principle.
Rather, it supports it because it ensures responsible functionality and the
continuity of a democratically elected body. Intervention through singular removal
in these extreme circumstances upholds the integrity of the council as a whole.
The Council acknowledges the recent amendments allowing the Governor-inCouncil to stand down a councillor on the recommendation of the Minister16,
however this standing down is only for the duration of an application to a
councillor conduct panel or VCAT alleging serious misconduct or gross
misconduct. It is a temporary measure, not a fix.
Councillor Conduct Panels
Council supports the new provisions relating to the appointment of a Principal
Conduct Panel Registrar with powers to strike-out any applications that are
frivolous or vexatious.
14
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Voting
In regard to voting, the Council supports the status quo: that voting is compulsory
with exemptions for the elderly and non-resident ratepayers.
Entitlement
The Council supports the status quo in regard to the entitlement to vote.
COMMUNITY ENGAGEMENT
Council submits it should be left to each municipality to determine the extent to
which it engages with the community it represents and be answerable for it. This
is consistent with the principle of minimal prescription in the business of
governing. Were a community engagement policy and plan mandated, the Council
submits the content of it should be determined by each municipality in accordance
with its own needs or expectations, and a standard not imposed and prescribed.
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6.2
102
Document Information
Author
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
Background Information
Council has delivered on its commitment to independently review the City of Greater
Bendigo to see what improvements can be made to its operations. In June 2013 Aurecon
delivered its final report including 69 recommendations for Council to consider.
Previous Council Decision(s) Date(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.
Council reviewed progress with implementation of the review at its Ordinary Meetings on
22 January, 5 March, 16 April, 21 May, 9 July, 20 August, 1 October, 12 November and
17 December 2014 and on 21 January, 4 March, 25 March, 15 April, 27 May, 24 June, 5
August 2015 and 4 November.
Summary of progress
Implementation of the Review recommendations has been underway since August 2013.
The number of completed recommendations stands at 56. This includes eight of those
nominated by Councillors as their top 10 priorities.
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103
Status
In progress
In progress
Under consideration
In progress
Advanced
Under consideration
In progress
Under consideration
In progress
Under consideration
In progress
Recommended for
completion
Report
Completed actions
Council acknowledges a recommendation is completed when either:
all associated actions have been completed, or
where the work is ongoing, when Council is satisfied all initial actions have been
completed and there is a framework in place to ensure future work is undertaken and
completed in a structured manner, or
where the recommendation has been addressed and Council has responded in a
different way that better aligns with Councils objectives.
Recommendation 69 Asset Management System
Investigate the implementation of a new Asset Management System.
Action
The City currently uses the Conquest Asset Management System for the
management of its fixed assets. This software is used to assist in the management of
civil infrastructure and buildings. Functions include asset inspections, details of asset
condition, scheduling of maintenance and determining when assets need to be
renewed.
The existing system has been assessed as part of a comprehensive review of the
organisations information systems.
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104
After thorough investigation the City is satisfied with the current system aside from
some minor improvements to develop it further. These will be implemented as part of
broader strategy involving improvements to information technology.
In summary this completes the actions associated with this recommendation.
Notable Progress
Progress is noted on the following recommendations:
Recommendation 1 Implementation and Communication
Create and continually update an implementation strategy and Communications Plan
to address and action the recommendations of this Review
Action
Council has to date acknowledged completion of 17 recommendations in 2015:
Recommendation 2
Recommendation 5
Recommendation 6, 15 & 20
Recommendation 7 & 21
Recommendation 8
Recommendation 9
Recommendation 13
mediation process
Recommendation 14
Recommendation 31
plan likability
Recommendation 49
positions
Recommendation 50
Recommendation 55
Recommendation 67
Recommendation 68
The community has been kept informed of progress through: Regular reports to Council (8 in 2015)
A total of 18 progress bulletins have now been issued (7 in 2015 to date)
A community information forum 3 February 2015
A dedicated, regularly updated page on the Council website
Regular media releases.
Recommendation 10 Performance Management
Implement a performance management:
-Framework
-Change management plan; and
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106
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107
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108
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109
RECOMMENDATION
That Greater Bendigo City Council:
a)
b)
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6.3
110
Document Information
Author
Responsible
Officer
Summary/Purpose
To consider an update to the Councillor Support Policy.
Policy Context
Councillor Support Policy
Council has a Councillor Support Policy as required under the Local Government Act to
guide support to Councillors including travel, childcare, training and development,
communication, attendance at functions and events etc.
At the present time, the policy and the guidelines from the State Government only
indicate that there should be reimbursement for travel but there is no indication of what
the rate of reimbursement should be. An administration decision was made many years
ago to pay Councillors at the organisation rate the same as staff.
Local Government Act
It is understood that Councillors will have conflicts of interest to varying degrees in
relation to the level of travel reimbursement. However, the Local Government Act
provides an exemption from conflict of interest when dealing with Councillor allowances.
Background Information
Reasonable support is required to enable councillors to undertake their role effectively.
Councillor allowances have recently been increased by the State Government, as
follows:
Mayor
Councillor
$101,105
$ 31,652
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111
Councillors
$ 52,737
All other
$ 19,462
Total travel
$515,860
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112
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113
RECOMMENDATION
That Council amend the Councillor Support Policy to indicate that the rate of
reimbursement for travel be based on the Australian Tax Office rate.
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6.4
114
Document Information
Author
Responsible
Director
Summary/Purpose
The purpose of this report is to provide Council and the community with a summary of
recent achievements by the Bendigo Livestock Exchange and an outline of key
management and policy pursuits guiding the future operation and development of this
venue/facility.
Policy Context
Council Plan Reference:
City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):
Theme: 1
Strategic Objective: 1
Strategy: 1.1
Independent Review:
Recommendation 18 Annual reporting of City of Greater Bendigo entities.
Report
The Bendigo Livestock Exchange is a National Saleyard Quality Assurance (NSQA) and
European Union (EU) accredited sheep, cattle and pig selling complex which conforms to
the National Saleyard Quality Assurance Program and Occupational Health & Safety
Management System for saleyards. The Exchange is located just 12 kilometres north of
Bendigo at Huntly and is a Quality Accredited facility.
Weekly sheep and cattle and monthly pig sales are conducted throughout the year. The
Livestock Exchange is one of the largest sheep and lamb selling centres in Victoria
transacting a quarter of the states sheep and lambs that go through saleyards. It yards
approximately one million sheep and lambs, 15,000 cattle and 2,500 pigs annually.
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This throughput represents sales of around $160Million. The sheep, cattle and pig sales
at the Bendigo facility generate revenue of around $1.2 Million per year that is used to
fund the operation of the yard.
Key achievements or milestones achieved in 2014/15 include:
Weekly prime sheep and lamb, cattle markets, monthly pig sales, and special store
sales.
Budget & Actual Revenue and Budget & Actual Expense for the
Bendigo Livestock Exchange
for 2012/13, 2013/14 and 2014/15 financial years
$1,400,000
1,158,909
1,193,098
$1,200,000
1,117,820
$1,000,000
1,046,624
997,682
1,218,322
1,204,430
1,147,066
1,202,814
1,144,491
1,071,049
1,046,847
$800,000
$600,000
Budget Revenue
$400,000
Actual Revenue
Budget Expense
$200,000
Actual Expense
$0
2012-13
2013-14
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2014-15
116
A total of 1.1 million sheep and lambs were sold through the Livestock Exchange facility
during 2014/15. This is down by 7% to the throughput figures for 2013/14.
There has been a steady decline in the pig numbers at the sales during 2014/15 and due
to industry demand, the last sale will be in December 2015.
Description
Throughput 2014/15
1,125,568
Cattle
20,761
2,268
1,125,568
1,119,952
1,100,000
1,080,000
1,060,000
2012/13
2013/14
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2014/15
117
Maintain the National Saleyard Quality Assurance (NSQA) and European Union (EU)
programs accreditation.
Commitment to staff training and awareness to support the Integrated Quality, OH&S
and Environmental Management System.
Maintain animal welfare standards to ensure that consumers have confidence in the
livestock saleyard industry.
Look at marketing and future growth opportunities for the Bendigo Livestock
Exchange in light of changing markets.
Look at water saving initiatives and sustainable practices to reduce the cost of
operations in the day-to-day running of the facility.
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The stakeholder meetings provide a forum where key stakeholders can meet and
discuss relevant issues related to the operation of the Livestock Exchange. The meeting
also provides a greater opportunity for an open line of communication between the
stakeholder groups. These meetings will continue in 2015/16.
Resource Implications
This Council-owned facility employs two full-time staff members, two part-time staff
members and a number of casual employees which equate to 4 full-time equivalent staff
on an annual basis.
Full-time:
Part-time:
Casual:
2
2
2
FTE:
Attachments
Nil
RECOMMENDATION
That Greater Bendigo City Council acknowledge the performance of the Bendigo
Livestock Exchange in 2014/15.
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6.5
119
Document Information
Author
Responsible
Director
Summary/Purpose
The purpose of this report is to provide Council with an overview of the performance of
the Works Unit during the 2014/15 financial year.
Policy Context
Council Plan Reference:
City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):
Theme: 1
Strategic Objective: 1
Strategy: 1.1
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120
A total of 124 Capex projects totalling approximately $13M were delivered for the
2014/15 financial year by the Works Unit.
The total number of projects delivered by the Works Unit included the following
significant projects:
Other Major Road Construction projects including Olympic Parade, Taylor Street,
Bendigo Botanical Gardens Entrance Road and Panton Street.
Completion of the redevelopment of Mitchell Street between Pall Mall and Queen
Street.
The annual program for maintenance of footpaths, unsealed and sealed roads was
delivered during 2014/15. Some of the works delivered as part of this program included
the following:
The maintenance area of the Works Unit also delivers day-to-day maintenance activities
and responds to customer requests.
A total of 4,267 customer requests were received for maintenance works during the
2014/15 financial year. 79% of these requests were responded to within 9 days.
In addition to responding to customer requests, the maintenance area of the Works Unit
co-ordinates work in response to commitments in Councils Road Management Plan.
During 2014/15, the total number of footpath defects above the intervention level of
25mm was reduced from 1,570 to 420. Proactive works were also completed on steps
below 25mm in footpaths that could potentially end up as defects. This has resulted in a
reduction to the number of these from approximately 5,000 to 2,000.
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121
$10,500,000
$10,000,000
$9,702,910
Budget
$9,534,430
$9,500,000
$9,274,665
Actual
$9,279,332
$9,000,000
$8,500,000
$8,000,000
2012/13
2013/14
2014/15
In the 2014/15 financial year, the operational budget was delivered with a variance to the
original budget amount. The unfavourable result was due to additional contract services
for water supply for grading, due to drought-like conditions and emergency works for
drainage and events.
Current and Emerging Challenges:
The current and emerging challenges for the Works Unit for the 2015/16 financial year
include the following:
Co-ordinate maintenance works required under the Road Management Plan and
continue proactive works to further reduce Councils legal risks while keeping within
allocated budgets.
Provide training and development opportunities for staff to increase skill level for
efficient delivery of construction and maintenance activities and provide career paths
for staff.
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Invest time to strengthen partnerships with other business units within the
organisation to ensure continuous improvement of service delivery.
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123
Resource Implications
The Works Unit employs a total of 80 FTE:
Full-time
Part-time
Temporary
Casual
FTE
69
4
3
7
80
Attachments
Nil.
RECOMMENDATION
That Greater Bendigo City Council acknowledge the performance of the Works Unit in
2014/15.
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6.6
124
RECORD OF ASSEMBLIES
Document Information
Author
Responsible
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
Strong leadership to meet future needs and challenges; effective community
engagement.
Background Information
The Local Government Act provides a definition of an assembly of Councillors where
conflicts of interest must be disclosed.
A meeting will be an assembly of Councillors if it considers matters that are likely to be
the subject of a Council decision, or, the exercise of a Council delegation and the
meeting is:
1.
2.
A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
an advisory committee of the Council where one or more Councillors are present.
The requirement for reporting provides increased transparency and the opportunity for
Councillors to check the record, particularly the declarations of conflict of interest.
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125
Report
Meeting
Name/Type
Meeting Date
Matters discussed
Meeting Information
Councillors' Forum
11 November 2015
1. Presentation by the Youth Action Group
2. Presentation on Heathcote Flood Study
3. Presentation by Brookfield Energy
4. Draft Domestic Animal Management Plan
5. Recreation contributions
6. Pop-up bars
7. Malone Park
8. Audio system
9. Impact of dams in rural areas
10. Chum Street traffic
11. Kangaroo Flat Leisure Centre
12. Phoenix FM broadcast
13. Commercial-in-confidence proposals
14. Letters for Councillor comment
15. Planning permits under delegation
16. Onsite visits to development sites
17. Support for DELWP Committees of Management
18. Rural counselling service
19. Kangaroos
20. Hopley Demolitions
21. MAV WorkCover Self-Insurance
22. Greening Bendigo Project
23. Economic Development Strategy Implementation Plans
24. Code of Conduct
25. Marong Business Park
26. Mosque Supreme Court challenge
Attendees/Apologies
Councillors
Cr Peter Cox
Cr Rod Campbell
Cr Elise Chapman
Cr Rod Fyffe
Cr Helen Leach
Cr Barry Lyons
Cr Lisa Ruffell
Cr James Williams
Leave of Absence:
Cr Mark Weragoda
Staff/
Mr Craig Niemann
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Mr Stan Liacos
Ms Prue Mansfield
PAGE 125
126
Ms Pauline Gordon
Mr Peter Davies
Mrs Alison Campbell
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
25.
Cr Chapman
Meeting
Name/Type
Meeting Date
Matters discussed
Councillor/officer left
meeting
Yes
Meeting Information
Councillors' Forum
18 November 2015
1. Aspire Foundation update
2. Planning matters and draft Ordinary Agenda review
3. Peppercorn Park
4. Community Satisfaction Survey
5. Walk to School grant
6. Permit at Woodvale
7. Rosalind Park Reference Group
8. Cathedral crown land
9. Reports for delegated panel process
10. Signage: CBD
11. Organic waste
12. Waste to energy
13. Career Horizons
14. Bendigo Flood Mitigation Community Reference Group
15. Letter to Communications Minister
16. Arrangements for the next Council Meeting
17. Capital Evaluation Framework
18. 2014/2015 Capital and Major Works Performance Review
Attendees/Apologies
Councillors
Cr Peter Cox
Cr Rod Campbell
Cr Elise Chapman
Cr Rod Fyffe
Cr Helen Leach
Cr Barry Lyons
Cr James Williams
Apology:
Cr Lisa Ruffell
Leave of Absence:
Cr Mark Weragoda
Staff/
Mr Stan Liacos
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Ms Prue Mansfield
Ms Pauline Gordon
Mr Peter Davies
Mrs Alison Campbell
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127
Apology:
Mr Craig Niemann
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Meeting
Name/Type
Meeting Date
Matters discussed
Councillor/officer left
meeting
Meeting Information
Finance Committee Meeting
18 November 2015
1. Previous Minutes
2. QEO lighting
3. Ned: The Musical
4. Peppercorn Park
5. Carry Forward Projects
6. Victoria Street drainage
7. Peter Krenz Leisure Centre
8. Financial Management Report
9. Capital and Major Works Report
10. Capital and Major Works net variances
Attendees/Apologies
Councillors
Cr Peter Cox
Cr Rod Campbell
Cr Elise Chapman
Cr Rod Fyffe
Cr Helen Leach
Cr Barry Lyons
Cr James Williams
Apology:
Cr Lisa Ruffell
Leave of Absence:
Cr Mark Weragoda
Staff/
Mr Stan Liacos
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Ms Prue Mansfield
Ms Pauline Gordon
Mr Peter Davies
Mrs Alison Campbell
Apology:
Mr Craig Niemann
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
PAGE 127
Councillor/officer left
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
128
Meeting Information
Audit Committee
19 November 2015
1. Insurance Liability and Professional Indemnity Policies
2. 2015-16 Draft Strategic Internal Audit Plan
3. Internal Audit - Fee Waivers, Write-Offs and Discounts
4. Follow-up on previous Internal Audit recommendations June 2015
5. Draft Cash Handling Policy
6. Risk update
7. Risk Management Framework
8. LGPRF update
9. Review of Audit Charter
10. Audit Committee Performance Review
Attendees/Apologies
Councillors
Cr Barry Lyons
Cr Rod Campbell
Staff/
Ms Kerryn Ellis
Community
Mr Travis Harling
Representatives
Mr Bruce Duncan
Mr John Salter
Ms Natalie Johnson
Ms Toni Lyon/
Mr Ken Belfrage
Ms Kate Scarce
Mr Graham Bastian
Mr Andrew Zavitsanos
Mr Phil Delahunty
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
PAGE 128
Councillor/officer left
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
129
Meeting Information
Consultation meeting
1 September 2015
Planning application DS/353/2015
142 Ryalls Lane, STRATHFIELDSAYE 3551
2 lot subdivision of land
Attendees/Apologies
Councillors
Cr Helen Leach
Staff/
Liz Commadeur
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Meeting
Name/Type
Meeting Date
Matters discussed
Councillor/officer left
meeting
Meeting Information
Consultation meeting
10 September 2015
Planning application DS/466/2015
96 Mackenzie Street West, GOLDEN SQUARE 3555
Two lot subdivision and alteration of access RDZ1
Attendees/Apologies
Councillors
Cr Rod Fyffe
Cr Barry Lyons
Staff/
Liz Commadeur
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
PAGE 129
Councillor/officer left
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
130
Meeting Information
Consultation meeting
8 September 2015
Planning application DS/505/2015
485 Tannery Lane, STRATHFIELDSAYE 3551
2 Lot subdivision
Attendees/Apologies
Councillors
Cr Helen Leach
Staff/
Liz Commadeur
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Meeting
Name/Type
Meeting Date
Matters discussed
Councillor/officer left
meeting
Meeting Information
Consultation meeting
7 September 2015
Planning application DI/319/2015
59-95 Bannister Street, NORTH BENDIGO 3550
Building and works associated with milk product manufacture
and reduction in car parking requirement
Attendees/Apologies
Councillors
Cr James Williams
Cr Peter Cox
Staff/
Chris Duckett
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
PAGE 130
Councillor/officer left
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
131
Meeting Information
Consultation meeting
3 September 2015
Planning application DR/240/2015
54A Myers Street, BENDIGO 3550
Construction of dwelling and front fence
Attendees/Apologies
Councillors
Cr James Williams
Cr Peter Cox
Staff/
Bryce Kilian
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Meeting
Name/Type
Meeting Date
Matters discussed
Councillor/officer left
meeting
Meeting Information
Consultation meeting
29 September 2015
Planning application DSD/176/2014
1-3 Bannerman Street, BENDIGO 3550
Subdivision of land into 4 lots (in stages), demolition of
outbuildings, partial demolition and extension to existing
dwellings and construction of 2 dwellings (single storey)
Attendees/Apologies
Councillors
Cr James Williams
Staff/
Chris Duckett
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
PAGE 131
Councillor/officer left
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
132
Meeting Information
Consultation meeting
27 October 2015
Planning application DR/595/2015
37 Rowan Street, BENDIGO 3550
Use of land for student accommodation, construction of
enclosed stairs and waiver of car parking
Attendees/Apologies
Councillors
Cr James Williams
Cr Peter Cox
Staff/
Kahlia Reid
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Meeting
Name/Type
Meeting Date
Matters discussed
Councillor/officer left
meeting
Meeting Information
Consultation meeting
30 October 2015
Planning application DS/621/2015
128 Rohs Road, EAST BENDIGO 3550
2 lot subdivision of land and creation of access to a road in a
Road Zone 1
Attendees/Apologies
Councillors
Cr Peter Cox
Staff/
Lachlan Forsyth
Community
Peter Brasier
Representatives
Applicant
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
PAGE 132
Councillor/officer left
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
133
Meeting Information
Consultation meeting
9 November 2015
Planning application DS/511/2015
Lot A Lynch Lane and CA 6Z Taig Road, AXEDALE 3551
9 Lot subdivision and removal of native vegetation in road
reserve
Attendees/Apologies
Councillors
Cr Helen Leach
Staff/
Simon Francis
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Meeting
Name/Type
Meeting Date
Matters discussed
Councillor/officer left
meeting
Meeting Information
Consultation meeting
19 November 2015
Planning application DS/694/2015
24 Archer Street, KANGAROO FLAT 3555
Two lot subdivision
Attendees/Apologies
Councillors
Cr Elise Chapman
Staff/
Liz Commadeur
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
PAGE 133
Councillor/officer left
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
134
Meeting Information
Consultation meeting
19 November 2015
Planning application DS/653/2015
42 Milroy Street, BENDIGO 3550
Construct second dwelling on a lot, subdivide land into 2 lots
and retrospective construction of car port and partial front
fence demolition
Attendees/Apologies
Councillors
Cr Peter Cox
Cr James Williams
Staff/
Lachlan Forsyth
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Meeting
Name/Type
Meeting Date
Matters discussed
Councillor/officer left
meeting
Meeting Information
Consultation meeting
26 November 2015
Planning application DS/712/2015
1 Arlington Court, MAIDEN GULLY 3551
Subdivide land into 2 lots
Attendees/Apologies
Councillors
Cr Barry Lyons
Staff/
Liz Commadeur
Community
Nic Butler
Representatives
Applicant
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Councillor/officer left
meeting
RECOMMENDATION
That Council endorse the record of assemblies of Councillors as outlined in this report.
PAGE 134
6.7
135
Document Information
Author
Responsible
Director
Summary/Purpose
The purpose of this report is to provide information on contracts recently awarded under
delegation.
Policy Context
Delivery of programs, projects and services that respond to community needs.
Report
Contract No
Project
Successful Contractor
Value
(GST Excl)
Delegated
Officer
Date Signed
Capital Contracts
CT000214
Tasmanian Timbers
259,000.00
Stan Liacos
CT000232
Groundswell Australia
266,028.30
Stan Liacos
CT000203
388,214.63
Darren Fuzzard
12
November
2015
09
November
2015
16
November
2015
Service Contracts
CT000219
RSP Environmental
Services
Hickmans Supasuk
Schedule of
Rates
Darren Fuzzard
24 November
2015
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$80,000.00
CT000216
Provision of Cleaning
Services to Libraries &
Archive Centres
Ausbright Facilities
Management
Schedule of
Rates
Prue
Mansfield
26 November
2015
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$85,000.00
PAGE 135
136
RECOMMENDATION
That the contracts awarded under delegation, as outlined in this report, be acknowledged
by Council.
PAGE 136
137
7.
URGENT BUSINESS
Nil.
PAGE 137
138
8.
8.1
NOTICES OF MOTION
NOTICE OF MOTION: FUTURE USE OF FORMER WHITE HILLS
LANDFILL SITE
CR ELISE CHAPMAN
1.
That the Economic Development Unit prepare a report by the 31 March 2016 on
long-term future uses of the former White Hills Landfill site.
2.
That Councillors will make a decision on the long-term future use of the site by 30
April 2016.
PAGE 138
139
9.
COUNCILLORS' REPORTS
10.
MAYOR'S REPORT
11.
12.
12.1
RECOMMENDATION
That the meeting be closed to the public to consider a report in accordance with Section
89(2)(e) of the Local Government 1989, as amended, relating to a proposed
development.
PAGE 139