Ordinary Meeting of Council - bendigo.vic.gov.au · Mr Darren Fuzzard (Director, Presentation and Assets) Mr Andy Walker (Acting Director, Planning and Development) Mr Peter Davies

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MINUTES

Ordinary Meeting of Council

6.00pm Wednesday 21 January 2015

** Broadcast live on Phoenix FM 106.7 ***

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 11 February 2015

Bendigo Town Hall

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

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

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

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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:

Transparency - Information about Council decisions is readily available and easily understood;

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

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

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

Respect for community priorities and needs - Council will advocate for improved services for community members and will consider community impact and feedback the decisions it makes.

Themes 1. Planning for Growth

2. Presentation and Vibrancy

3. Productivity

4. Sustainability

5. Leadership and Good Governance

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ORDINARY MEETING WEDNESDAY 21 JANUARY 2015

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

DECLARATIONS OF CONFLICT OF INTEREST 6

CONFIRMATION OF MINUTES 7

1. PETITIONS AND JOINT LETTERS 8

2. PLANNING FOR GROWTH 9

2.1 Adopt the City of Greater Bendigo Domestic Wastewater

Management Strategy 2014 and Prepare a Planning

Scheme Amendment

9

2.2 14 Anderson Street, North Bendigo - Use of Land as a

Medical Centre (Child Health), Staged Construction of

Extension to Building and Associated Parking Facilities,

Signage, Repairs to Boundary Wall, Reduction in Parking

and Demolition of Pool and Deck

26

2.3 Benchmarking Planning Practices 50

3. PRESENTATION AND VIBRANCY 55

3.1 Marist College Bendigo - Joint Use Facilities 55

4. PRODUCTIVITY 65

5. SUSTAINABILITY 66

5.1 Review of the Natural Environment Advisory Committee

and Environmental Taskforce

66

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6. LEADERSHIP AND GOOD GOVERNANCE 79

6.1 Progress Report Independent Review Implementation 79

6.2 Record of Assemblies 87

6.3 Contracts Awarded under Delegation 95

7. URGENT BUSINESS 96

8. NOTICES OF MOTION 96

9. COUNCILLORS' REPORTS 96

10. MAYOR'S REPORT 97

11. CHIEF EXECUTIVE OFFICER'S REPORT 98

12. CONFIDENTIAL (SECTION 89) REPORTS 99

____________________________

MARG ALLAN ACTING CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 21 January 2015

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

Cr Peter Cox Cr Rod Campbell Cr Elise Chapman Cr Rod Fyffe (6:05pm) Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Ms Marg Allan (Acting Chief Executive Officer) Mr Stan Liacos (Director, City Futures) Ms Pauline Gordon (Director, Community Wellbeing) Mr Neal Wrigley (Acting Director, Organisation Support) Mr Darren Fuzzard (Director, Presentation and Assets) Mr Andy Walker (Acting Director, Planning and Development) Mr Peter Davies (Manager, Executive Services) Mrs Alison Campbell

APOLOGIES

Mr Craig Niemann (Chief Executive Officer)

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time. RESOLUTION Moved Cr Weragoda, seconded Cr Lyons. That Standing Orders be suspended to allow the conduct of Public Question Time.

CARRIED

PUBLIC QUESTION TIME


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RESUMPTION OF STANDING ORDERS

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

CARRIED CR WILLIAMS’ REPORT Cr Williams reported on his attendance at the following meetings and events:

Christmas dinner at Fortunes;

Meeting with Public Transport Victoria regarding bus route changes;

Meeting with Friends of Ironbark Group;

Involvement with Renew;

Launch of Scots Day Out;

Meeting of Calder Highway Improvement Committee;

Meeting at Bendigo airport.

DECLARATIONS OF CONFLICT OF INTEREST

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


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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Council held on Wednesday 17 December 2014. The following items were considered at the Ordinary Council meeting held on Wednesday 17 December 2014 at 6:00pm.

Petition: Request for Free Parking in the Central Business District of Bendigo

32 Arthur Street, Bendigo - 3 Lot Subdivision, Demolition of Outbuildings and Fences and Construction and Use of 2 Dwellings and Associated Vehicle Cross Overs

30-40 John Street, White Hills - 3 Lot Subdivision, Removal of Easements and Removal of Native Vegetation

189 Wattle Street, Ironbark - Demolition of: Existing Dwelling; Outbuilding (Retrospective); and Fences. Construction of: Dwelling (Three Storey); Vehicle Crossover; Swimming Pool (In Ground); Decks' Retaining Walls; and Fences

Rosalind Park Recreation Reserve Precinct Master Plan and Management Framework

International Relations Policy

Proposed Submission to the Australian Government's Agricultural Competitiveness Green Paper

Groundwater Management in Bendigo

Contracts Award Under Delegation

Progress Report Independent Review Implementation

Confidential Section 89 Report 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 17 December 2014, as circulated, be taken as read and confirmed. RESOLUTION Moved Cr Lyons, seconded Cr Fyffe. That the recommendation be adopted.

CARRIED


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1. PETITIONS AND JOINT LETTERS

Nil.

Planning for Growth Ordinary Meeting - 21 January 2015

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2. PLANNING FOR GROWTH

2.1 ADOPT THE CITY OF GREATER BENDIGO DOMESTIC WASTEWATER MANAGEMENT STRATEGY 2014 AND PREPARE A PLANNING SCHEME AMENDMENT

Document Information

Author Jason Barnes, Domestic Wastewater Planner and Morgan James, Planner Amendments

Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Part A: Part B:

To summarise the submissions received to the draft Domestic Wastewater Management Strategy 2014, and adopt the Strategy. Commence the preparation of a planning scheme amendment to implement the Strategy.

Proponent: City of Greater Bendigo - Environmental Health

Key issues: Review of submissions, adoption of strategy, commencing the planning scheme amendment, improving health outcomes and planning decisions.

Recommendation: Council resolve to adopt the Greater Bendigo Domestic Wastewater Management Strategy 2014 and request the Minister for Planning to authorise Amendment 2014 to the Greater Bendigo Planning Scheme, and once authorised, publicly exhibit the Amendment.

Policy Context

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

Planning for Growth

Adaptability for change and population growth through good design and careful planning of infrastructure and facilities.

Decrease the number of houses at or below the affordability housing index level. Presentation and vibrancy

Residents have access to environments and settings that support safe and healthy living.


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Adopt and commence implementation of the revised Domestic Wastewater Management Strategy.

Improve the perception of wellbeing. Productivity

Fostering business and industry growth.

Sustainability

Distinctive natural setting and buildings are celebrated and conserved.

Increase community satisfaction rating for community consultation and engagement.

Previous Council Decisions

6 November 2006 – Adopted Domestic Wastewater Management Plan

19 September 2007 – Planning Scheme Amendment C96 adopted to implement Domestic Wastewater Management Plan

30 July 2014 - Council resolved to release the Draft Domestic Wastewater Management Strategy for Public Exhibition.

Background

Managing wastewater on site is a method employed by more than 10,000 households in Greater Bendigo where reticulated sewerage services are not available. An onsite wastewater management system (commonly known as a septic tank system) can be a very effective method of managing wastewater. However, if wastewater is mismanaged, it can have detrimental effects on the surrounding environment, amenity, and present a risk to human health. Town sewer planning is managed by water authorities, so the focus for local governments is planning for onsite wastewater management systems. The State Environment Protection Policy – Waters of Victoria requires that local governments develop plans for managing domestic wastewater to protect public health and environmental assets. The City’s first Domestic Wastewater Management Plan was adopted in 2006, yet time, experience and changes in trends resulted in the need to review the plan. Over the past 24 months an extensive review and stakeholder consultation has led to the development of a new Domestic Wastewater Management Strategy to guide decisions on the future management of domestic wastewater within the municipality. The Strategy has been reviewed with a vision for a more liveable Greater Bendigo. Purpose of the Planning Scheme Amendment By incorporating the Domestic Wastewater Management Strategy, 2014 (the Strategy) and the Land Capability Mapping and Assessment Tools (the Tools) into the planning scheme, the City will ensure that its decision making process is supported through transparent, open and best practice principles by:


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Providing the foundation, support and rationale for all decisions made using the Strategy and the Tools. These decisions will be more accountable, uniform and less likely to be over turned when met with scrutiny such as during VCAT hearings.

Facilitating the removal of inaccurate and outdated references to the old Domestic Wastewater Management Plan currently in the planning scheme.

Affording the City the opportunity to ‘live up to’ the Council’s Values as expressed in the Council Plan of Transparency, Efficiency and Effectiveness, Inclusion and Consultation, Clear Decisive and Consistent Planning, Respect for Community Priorities and Needs.

Giving the community and other stakeholders a say on how domestic wastewater will be managed across the municipality.

Making the Domestic Wastewater Management Strategy a publically accessible document.

Ensuring that appropriate consideration is given to sustainable wastewater management when applications for development are assessed.

Providing a guide into exploring progressive and sustainable wastewater management practices for our small townships to support their growth, amenity and liveability.

PART A – Summary of Submissions & Adoption of the Strategy The Domestic Wastewater Management Strategy will be an instrumental tool for supporting decisions for wastewater management when teamed with Greater Bendigo Land Capability Mapping and Assessment Tools Policy Reference State Environment Protection Policy – Waters of Victoria

32. On-site domestic wastewater management

On-site domestic wastewater needs to be managed to prevent the transport of nutrients, pathogens and other pollutants to surface waters and to prevent any impacts on groundwater beneficial uses. To enable this: (2) municipal councils need to: (e) where relevant, develop and implement a domestic wastewater management plan, in conjunction with water authorities and communities, that: (i) reviews land capability assessments and available domestic wastewater management options to prevent the discharge of wastewater beyond allotment boundaries and prevent impacts on groundwater beneficial uses; (ii) identifies the preferred options, together with costs, funding needs, timelines and priorities; and (iii) provides for the assessment of compliance of on-site domestic wastewater systems with permit conditions.


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Priority/Importance: This Strategy is a high priority as it puts in place strategic directions and actions to address domestic wastewater management issues. It will progress the Greater Bendigo community toward being a liveable community by reducing cumulative waste generation, managing waste more effectively, and supporting re-use of waste where possible and suitable. The Strategy will assist the City by reducing negative impacts on natural and built environments experienced by poor waste management, and protecting key environmental assets by:

Investigating opportunities to reduce the negative impacts of wastewater discharges to waterways and kerbside gutters, public spaces and other sensitive environmental receptors.

Managing high risk areas to prevent contamination of drinking water, recreational waters and bio-links.

Planning for growth to limit the negative impacts of wastewater management into the future in Greater Bendigo’s residential development areas.

Supporting property owners and residents to achieve a good standard of onsite wastewater management while recording details to fill knowledge gaps, providing on the spot education, developing catchment models to support planning, and reducing the impact of failing onsite wastewater management systems.

Community Consultation Undertaken to Date: The process of developing the Strategy has been a two year-long progression involving engagement with the community, stakeholder organisations, and experienced members of City staff, accompanied by investigation of available records and in the field. Further community engagement was undertaken during the public exhibition phase. Here, communication media comprised traditional conventions, as well as making use of wider, more creative and educational pathways. The means of exhibition and community engagement included:

Hard copies made available for public viewing in City of Greater Bendigo service centres.

Comment submission information available on the City website and at service centres.

Reminders and prompts through social media such as Facebook™ and Twitter™.

Provision of personal copy and meetings with water corporations.

Provision of personal copy to identified stakeholder organisations.

A road show that comprised five listening posts at Goornong, Strathfieldsaye, Heathcote, Eaglehawk and Bendigo.

Presentation on wastewater and the Domestic Wastewater Management Strategy for community members at ward meetings and rural engagement events, where deemed appropriate by Councillors.

Advertisements in local newspaper.

Explanatory information and access to draft plan available on the City website.

Mail outs sent to 670 households in unsewered areas to thank community members for participation in the wastewater survey and advise of the public exhibition of the draft Strategy.


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Domestic Wastewater Management Strategy – Review Process


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Submissions: During the public exhibition of the Draft Strategy undertaken in August 2014, ten written submissions were received, including 2 from Authorities, 1 from an adjoining Council and 7 from private landowners or companies. One submission was later withdrawn. A summary of the submissions and Officer comment in response is provided below. The submissions received generally focused on the structure, flow and logic of the document and highlighted the need to define the purpose and the audience of the document. Further focus was provided to the mapping and monitoring program, and the risk analysis used in the Strategy.

Summary of submissions and Officer response

Submission A

Details of Submission

1. The submission makes note of areas where the DWMS draft was interpreted to overlap with roles of the water corporation with particular relevance to the Planning for Growth Chapter.

2. A strong focus is provided to wording used in the document. Some statements were identified to be open to misinterpretation. Some options for adjustment to these statements were provided in the response.

3. Elmore groundwater is a matter that the authority sees as a one for management through the existing reticulated sewer system available to most dwellings in the township.

4. Markovich Lane discussion seen as irrelevant now that sewer has been made available to the area.

5. Further consideration should be made to managing new development in the special water supply catchment area, particularly Rural Conservation Zones and Rural Living Zones.

6. Agreement needs to be established between the City and the Water Corporation on when sewer should be considered ‘reasonably available’ to a proposed development.

7. Application of 173 Agreements under the Planning and Environment Act 1987 should be made to notify existing and future property owners of maintenance requirements of onsite systems and frame the financial impost that will be associated.

8. Monitoring required by the Guidelines for Planning Permits in Open, Potable Water Supply Catchments is a reference to inspection of individual onsite wastewater management systems, not monitoring environments for contamination.

Officer Comment

1. Agree. Planning for growth section discussing areas requiring sewer to support growth have been summarised to keep the minimum information required.

2. Partially agree. Some statements have been reworded to reduce ambiguity and improve accuracy where deemed appropriate.

3. Agree. Elmore groundwater discussion has been removed from the


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DWMS.

4. Partially agree. The Markovich Lane area and the difficulties experienced with onsite wastewater management has highlighted the importance of improved data capture and information retrieval processes to support Coliban Water in backlog sewer provision into the future. This segment of the strategy has been summarised to include the core details necessary to express these points.

5. Agree. Development in a catchment area segment of the DWMS was expanded. Further information provided in the mapping and monitoring program to ensure higher density areas are investigated first with consideration also coming to the surrounding areas with existing dwellings to allow for informed decisions on development in the special water supply catchment.

6. Agree. Action and discussion included in the DWMS to develop a policy in consultation with relevant authorities to determine when sewer is considered ‘reasonably available’ to a development.

7. Disagree. A Section 173 Agreement is a legally binding agreement applied to a title and spans from planning legislation. This agreement is a regulatory tool, and is not suited to be an educational tool. Other educational pathways will be pursued to provide property owners information on maintenance requirements.

8. Partially agree. The DWMS makes reference to the mapping and monitoring of the condition of onsite wastewater management systems, as well as the testing of receiving environments. Both are included in that strategy to determine the condition of systems, as well as monitoring environments to provide further detail in the cause and effect relationship between them.

Submission B


1. The submission suggests the inclusion of a purpose and scope to clearly define direction for the DWMS.

2. Some minor wording changes recommended to support flow, structure and uniformity.

3. Identifies that further detail should be provided for determining when sewer is ‘reasonably available’.

4. EH&LL acronym is introduced in the document with no definition of meaning or the role of the department.

Officer Comment

1. Agree. Purpose and scope included in the DWMS.

2. Partially agree. Minor adjustments made to wording where deemed appropriate.

3. Agree. Action included in the strategy to develop a policy in collaboration with relevant authorities to define when sewer is ‘reasonably available’.

4. Agree. EH&LL included in the list of acronyms included in the DWMS. Discussion also included on the role of Environmental Health and Local Laws department in onsite wastewater management.


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Submission C


1. The submission identifies the high financial cost of sewer extension to properties and the inaccessibility this presents to the ‘individual’ developer. The submission identifies an unsewered property currently in ownership of the submitter that is not connected to reticulated sewer. A planning permit has been granted on this land to allow subdivision of the land, subject to the connection of reticulated sewer.

2. Adding a monitoring and penalty program to unsewered areas is counterproductive and superficial.

Officer Comment

1. Partially agree. The matter of cost and determining the responsible body for meeting those costs is outside of the scope of the DWMS and the City’s jurisdiction. However, this point will be considered in the development of the policy for determining with sewer is ‘reasonable available’ with other relevant authorities.

2. Submitter appears to have misunderstood the intent, which is not a compliance program. If a serious threat to public health or the environment is identified, any enforcement action will be applied in accordance with the City of Greater Bendigo Enforcement Policy (as adopted by Council 2014). The DWMS has been carefully structured to ensure the mapping and monitoring program for unsewered areas is designed to capture information to support evidence based decision making, and provide a platform for householder education on managing and maintaining onsite wastewater management systems.

Submission D


1. This submission focusses heavily on the format and flow of the document, offering advice on presentation and language used in the DWMS. Identifying the purpose and scope of the DWMS, as well as the audience for the strategy as key points requiring better definition.

Officer Comment

1. Partially agree. Many of the comments on structure of the document were adopted and include chapter introductions, revised images, a list of acronyms, a purpose and scope, and some rewording to improve clarity and define the audience.

Submission E


1. Review of the DWMS by an external consultant or organisation would result in a more rigorous review of the strategy, rather than an internal auditor as proposed by the draft DWMS.

2. The designation of wastewater envelopes for subdivisions in areas subject to vegetation protection is supported, yet encouragement is given to consider all subdivisions is provided.

3. Clarification should be provided to ensure that designated reserve areas (spare wastewater disposal areas) are within the subject allotment to avoid impact on any adjacent crown land.

Officer Comment

1. Agree. An external auditor will be appointed. Section has been reworded to reflect this.

2. Partially agree. At this time, the designation of wastewater


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envelopes remains a matter for consideration.

3. Disagree. The designation of a reserve area will be subject to assessment by Environmental Health and Local Laws. Here, assessment of these reserve areas and their suitability and compliance with relevant legislation and codes will be required and applied.

Submission F


1. Provides support to the DWMS, its structure, contents and logic.

2. Suggests that the strategy should include details on tracking maintenance work including pumpout of systems.

3. Links between some appendices are not clear in the body of the document.

4. The definition of failure will define too many systems as being in a state of failure. Recommends rewording and clarifying the definition to support reporting to stakeholders and determining priority for action.

5. Identifies that the plan for mapping and monitoring of septic systems requires more detail of how it will be rolled out and areas of focus.

Officer Comment

2. Partially agree. The tracking of maintenance and pumpout of systems will be considered with the development of a maintenance tracking database, and with the development of minimum standards for service reports as proposed by the strategy.

3. Agree. Adjustments made to wording in body of the document to provide more coherent links to appendices.

4. Agree. Schedule B – Definition of failure was adjusted to stratify failure into three categories, as well as provide examples of scenarios that are considered as failure. By stratifying failure into categories, it will assist with assigning severity and priority to issues.

5. Agree. Further detail was provided to the inspection program and how it will be rolled out in the Mapping and Monitoring Program segment of the DWMS.

Submission G


1. Supports the DWMS and its contents.

Officer Comment

Submission H


1. Highlights that some of the information included in the strategy is of a technical nature that is not accessible to some readers.

Officer Comment

1. Partially agree. The level of technical detail in some aspects of the strategy may exceed the capacity of some readers. This detail is included for its relevance to wastewater management. In order to reduce the ‘technical’ nature of the document, the introduction has been expanded and a list of acronyms included. A short summary document written in plain English will also be developed.


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Submission I


Withdrawn

Submission J


1. The submission asks for an estimation of cost for sewer connection in Sullivans Road, Strathfieldsaye.

Officer Comment

1. Reticulated sewer is not currently reasonably available to Sullivans Road, Strathfieldsaye. The DWMS seeks to investigate wastewater management options for this area, including the feasibility of sewer connection. The costs associated with the wastewater management options will be estimated through the feasibility process but will ultimately rely on the determination of the Sewer Authority and the Essential Services Commission if it is to be provided.

Submission K


1. The submission supports active wastewater management to protect the Campaspe River from wastewater contamination.

2. Recommends a greater setback distance than 100 metres as proposed in the DWMS due to recent flooding evidence.

Officer Comment

1. Agree. State legislation requires a 60 metre setback, and in some instances a 30 metre setback for wastewater systems from the Campaspe River. The City supports the application of a 100 metre setback because it is a water supply. Inclusion in the DWMS provides grounds for the City to apply this setback.

2. Partially agree. While the minimum setback to protect the water supply is 100 metres, additional assessment of other important site factors also forms part of the wastewater permit assessment process. Factors such as flooding will be considered and State legislation provides clear requirements for this.

Changes Post Exhibition Following consideration of additional information received through community consultation activities, there have been some additional alterations made to the Strategy. A summary of the changes post exhibition has been provided as an attachment. The major changes to the Strategy are the inclusion of chapter introductions, a purpose and scope, and the restructure of passages that required better clarity. Further details were provided to the mapping and monitoring program, development in special water supply catchments, and defining failure of systems. Changes to the DWMS post exhibition

Summary of Changes Rationale

Inclusion of introductions for chapters. To introduce the purpose and focus of each chapter.

Additional information added to introduction

To provide more information to audience on what onsite wastewater is, and why it is an important matter for consideration.


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Further information added to ‘A Risk Based Approach’ segment about the method applied to determine risk in the strategy.

Water Corporations requested further information on how risk was considered by the DWMS and discussed the value of a new water catchment risk model developed in Victoria.

Inclusion of a purpose and scope. To define the purpose and focus of the DWMS for the audience.

Removal of Elmore Groundwater segment.

Further discussions with Water Corporations determined domestic wastewater management is not a major concern for this area at this time.

Separation of Actions and Recommendations.

By separating actions from recommendations, reporting and resourcing is simplified.

Adjustment to Actions and Recommendations. Actions included were:

- Amend planning scheme - Investigate Catchment Risk

Model - Develop policy on sewer

availability - Establish requirements for

referral authorities

Refinement and clarification of actions and recommendations. Some additional actions and recommendations were included after discussions with stakeholders, particularly water corporations.

Removal of Community Voices in Governance and Decision Making segment.

This section is a duplication of information already stated in the DWMS.

Replacement of locality images to include relevant land capability data and further information that was used to inform decisions on priority and risk

The images were deemed to offer an opportunity to display more information than just the location.

Removal of paragraph 3 in the discussion on Lakeside Boulevard.

This paragraph was interpreted by some submitters to dismiss the risk presented by wastewater issues in the area.

Further information and explanation provided to the mapping and monitoring program proposed

Water corporations requested further information of monitoring of systems identifying it as the most important component of the strategy.

Inclusion of information about the Edis risk model developed in Victoria for catchment risk assessment and action to further investigate its applicability to Greater Bendigo.

Water corporations promoted the value of this catchment risk model for use in the assessment of wastewater proposals in water supply catchments.

Planning for Growth chapter summarised to reduce the amount of detail in the discussion on the four development areas.

This chapter was deemed to provide too much detail on issues that are outside of the scope for the City to manage.

Inclusion of investigating wastewater management options for supporting growth of unsewered townships in Greater Bendigo.

Further to feedback from community consultation, it was deemed that a discussion should be included in the DWMS.


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Inclusion of a list of acronyms. There are a number of acronyms used in the document that are commonly used in the wastewater industry but are not common to the general audience.

Inclusion of a brief overview of roles and responsibilities of stakeholders in domestic wastewater management.

This is to assist audience of the DWMS to conceptualise roles and responsibilities of each stakeholder.

Inclusion of a brief overview of legislation and policies with relevance to domestic wastewater management.

To assist audience of the DWMS to conceptualise legislation and policies relevant to the domestic wastewater domain.

‘Development within the Special Water Supply Catchment’ moved from Areas for Careful Management to the Planning for Growth Chapter. Expanded to include recommendation that requirements of referral authorities be researched to ensure applicants are aware of all information required to support planning application.

To assist with flow of the document. This segment was of particular interest to water corporations and required expansion to receive their support of the DWMS.

Markovich Lane discussion summarised removing landscape discussion as it is now deemed largely irrelevant given sewer is now available.

The level of detail was deemed excessive for some elements given that sewer has now been provided to this area.

Definitions of failure listed in Schedule B were simplified and rewritten to be more specific to domestic wastewater scenarios.

Schedule B – Definition of failure was adjusted to stratify failure into three categories, as well as provide examples of scenarios that are considered to be failure. By stratifying failure into categories, it will assist with assigning severity and priority to issues. This is a key interest for water authorities in relaxing their application of 1:40 hectare dwelling density in water supply catchments.

Inclusion of a map of sewered areas in Greater Bendigo

To assist audience with visualising areas in focus for the DWMS.

Appendix C removed with details added into actions and recommendations , and individual locality discussions

The timeframes and priority information in this section was detached from the segments in the strategy that it related to. Time frames have now been added into the body of the strategy document for clarity in correlation.

Adoption of the Strategy: By adopting the Strategy, the Greater Bendigo City Council:

Supports open and transparent decision making for wastewater management.

Recognises the importance of managing domestic wastewater in safe and sustainable ways.


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Identifies the value of improving knowledge and records to support planning and overseeing wastewater management.

Aspires to achieve better wastewater management outcomes in existing and new developments.

Supports freedom of choice in wastewater management options where appropriate and permitted.

Authorises the City to work to protect our community from unhealthy environments and improve liveability of unsewered areas.

Strives to create efficiencies by working with stakeholders and considering the importance of wastewater in development planning.

Seeks opportunities to improve domestic wastewater management in Greater Bendigo.

PART B – Planning Scheme Amendment The key steps in the Amendment process are summarised below:

The Amendment The Planning and Environment Act 1987 allows for a Planning Scheme Amendment to be initiated by a municipal Council.

Send to Minister for Approval and Gazettal

We are at this point

Council decides to Adopt or Abandon the Amendment

Council requests an Independent Panel to

Submissions received

Public Exhibition of Amendment

Council decides whether to seek Ministerial Authorisation

& exhibit

Amendment prepared


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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 affects all land where reticulated sewerage services are not available within the municipality of City of Greater Bendigo. What the Amendment does

Amends Clause 21.08 Environment, Clause 21.09 Infrastructure and Clause 21.10 Reference Documents to include references to the use of the Strategy and the Tools to guide domestic wastewater disposal and management in the municipality. And to include the Strategy and the Tools as Reference Documents.

Amends Clause 22.02 - Rural Dwellings Policy to include the Strategy and the Tools as reference documents to ensure that non-reticulated dwellings are serviced by an appropriately designed, located and managed domestic wastewater system.

Amends Clause 22.03 - Rural Subdivision Policy to include the Strategy and the Tools as reference documents and to ensure lots created are of sufficient size to treat and contain domestic wastewater.

Amends Clause 42.01-3 - Schedule 3 to the Environmental Significance Overlay to include reference to the Strategy and the Tools in the decision guidelines.

Social, Economic and Environmental impacts The amendment will have positive environmental effects by including a document to guide wastewater management and disposal within the Planning Scheme, which will provide for greater environmental protection and sustainability. The amendment will have positive social and economic impacts by introducing a document which provides clarity and guidance for land owners and economic development in general. Strategic justification – Planning context The Amendment is supported by the following clauses in the Greater Bendigo Planning Scheme: State Planning Policy Framework 14.02-1 Catchment planning and management Objective:

To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.


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Strategies:

Protect water catchments and water supply facilities to ensure the continued availability of clean, high-quality drinking water.

Ensure land use and development proposals minimise nutrient contributions to waterways and water bodies and the potential for the development of algal blooms.

14.02-2 Water quality Objective:

To protect water quality. Strategies:

Protect reservoirs, water mains and local storage facilities from potential contamination.

Ensure that land use activities potentially discharging contaminated runoff or wastes to waterways are sited and managed to minimise such discharges and to protect the quality of surface water and groundwater resources, rivers, streams, wetlands, estuaries and marine environments.

19.03-2 Water supply, sewerage and drainage Objective:

To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment.

Strategies:

Ensure water quality in water supply catchments is protected from possible contamination by urban, industrial and agricultural land uses.

Provide for sewerage at the time of subdivision, or ensure lots created by the subdivision are capable of adequately treating and retaining all domestic wastewater within the boundaries of each lot.

Local Planning Policy Framework The amendment supports the following existing clauses:

21.08 Environment

21.08-2 Objectives:

To maintain and enhance ground and surface water quality.

To reduce pollution of watercourses.


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21.09 Infrastructure

21.09-3 Strategies:

Promote the installation of reticulated sewerage in unsewered areas and in all new developments.

21.09-4 Implementation - Further strategic work:

Assisting Coliban Water in the supply of sewerage infrastructure to all unserviced urban areas, particularly in parts of Heathcote.

Promoting the installation of improved septic tank systems and alternative waste treatment systems where reticulated services are not available.

Consultation/Communication to Occur

The documents will be publicly exhibited for a minimum of a month, as required under the Planning and Environment Act 1987. As the amendment will affect thousands of landholders and occupiers across the municipality, it is recommended that Council seek an exemption from the Minister to individually notify all landowners individually under Section 19(b) of the Act as it’s impractical to do so. People will instead be notified of the proposed changes via formal public notice in the Government Gazette, the Bendigo Advertiser Newspaper and the McIvor Times, as well as by a media release and Council’s “Have your say” page on the website.

Conclusion

It is recommended that Council adopt the Greater Bendigo Domestic Wastewater Management Strategy 2014 and request the Minister for Planning to authorise Amendment 214 to the Greater Bendigo Planning Scheme, and once authorised, publically exhibit the Amendment.

Options

Council has the option of:

Adopting the Strategy, supporting the Amendment proposal and making a request to the Minister for Planning to authorise preparation and exhibition of the Amendment.

OR

Not adopting the Strategy and refusing the request to prepare an Amendment. Under the Planning and Environment Act 1987.

If Council elects to seek authorisation from the Minister, it has the further option of:

Requesting the Minister to provide an exemption to notify all landholders individually who may be affected by the amendment.

OR


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Not requesting the exemption to notify all landholders individually.

Resource Implications

The amendment will not increase the requirement for a planning permit, it will instead provide better guidance for decision making in permits that are already required. 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, however this is not expected.

Attachments

City of Greater Bendigo Domestic Wastewater Management Strategy, 2014

Explanatory report and draft amendment documentation

RECOMMENDATION

That the Greater Bendigo City Council resolves to: 1. Adopt the City of Greater Bendigo Domestic Wastewater Management Strategy,

2014. 2. Request the Minister for Planning to authorise Council to prepare Amendment C214

to the Greater Bendigo Planning Scheme. 3. When Authorised by the Minister, exhibit Amendment C214 to the Greater Bendigo

Planning Scheme giving notification as required for the minimum statutory exhibition period of one month.

4. Request the Minister to provide an exemption to notify all landowners and occupiers

individually that may be affected by the Amendment. RESOLUTION Moved Cr Campbell, Seconded Cr Williams. That the recommendation be adopted.

CARRIED


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2.2 14 ANDERSON STREET, NORTH BENDIGO - USE OF LAND AS A MEDICAL CENTRE (CHILD HEALTH), STAGED CONSTRUCTION OF EXTENSION TO BUILDING AND ASSOC PARKING FACILITIES, SIGNAGE, REPAIRS TO BOUNDARY WALL, REDUCTION IN PARKING AND DEMOLITION OF POOL AND DECK


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

Summary/Purpose

Application details: Use of land as a medical centre (child health), staged construction of extension to building and associated car parking facilities, display of signage, repairs to boundary fence (wall), reduction in car parking requirements and demolition of swimming pool and deck

Application No: DU/655/2014

Applicant: Central Victorian Child Health Pty Ltd

Land: 14 Anderson Street, NORTH BENDIGO 3550

Zoning: General Residential Zone

Overlays: Heritage Overlay 4

No. of objections: 9 (+2 withdrawn)

Consultation meeting:

13 November 2014 (Formal consultation meeting attended by planner, owners, applicant, objector and Crs Cox and Williams).

25 November 2014 (Informal onsite meeting with planner, objectors, applicant and owners to discuss changes made by applicant in response to objectors’ concerns).

Key considerations: Whether the proposal is consistent with the Greater Bendigo Planning Scheme, including the General Residential Zone.

Will the development have an adverse impact on the heritage significance of the place and precinct?

Does the proposal pose unreasonable amenity impacts for neighbours?

Will the proposal cause unreasonable car parking and traffic issues?

How does the Hospital Precinct Structure Plan affect the proposal?


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

The report considers the permit application and recommends that the City of Greater Bendigo issues a Notice of Decision to Grant a Planning Permit.

Policy Context


Planning for Growth


Diverse, affordable and sustainable, housing choices.

Productivity


Sustainability

Distinctive natural setting and buildings are celebrated and conserved.

Report

Subject Site and Surrounds

The subject site is a large corner allotment, located on the northern side of the Anderson and Niemann Streets intersection, North Bendigo. The site is rectangular in shape, measures 60m x 48m and has a total area of 2913m². A large dwelling which holds heritage significance is centrally located on the site. The dwelling has undergone a number of extensions and alterations following its construction in the 1860’s. In its current form the building is most recognisable as a 1920’s era dwelling. A high brick wall surrounds the entire perimeter of the site. The wall was constructed circa 1860s/1870s and is also recognised for its heritage importance. The wall restricts views into the property from Anderson and Niemann Street and appears to be in good condition at both street boundaries. The north-east and north-west sections of the wall are noticeably lower than at the street frontages, which is due to a large amount of fill introduced to the site to construct the dwelling. Parts of these sections of the wall are in need of repair. The dwelling is set within an extensive landscape setting. The most notable features of the garden include three mature trees (Pine, Palm and Peppercorn).


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Vehicle access to the site is via an asphalt cross over to Anderson Street (shared with 16 Anderson Street) which connects to an internal gravel driveway. The driveway provides access to two outbuildings located on the north western property boundary. A pedestrian gate to Niemann Street also currently exists. In a broader contextual sense the site is situated 240 metres north-west of the Bendigo hospital campus, 270 metres south-west of Arnold Street and 420 metres north of Barnard Street. The site forms part of a wider residential neighbourhood in which a range of lot sizes and dwelling types exist, many of which are important in a heritage sense.

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

Proposal

The applicant seeks approval to use the land as a medical centre, to construct an extension to the building and construct associated car parking facilities (staged), display one sign, carry out repairs to the boundary fence (wall), reduce car parking requirements and demolish the swimming pool and deck. Medical Centre (use) The medical centre will provide a specialised, allied child health service to include paediatrics, occupational therapy, physiotherapy, psychology, speech therapy, play therapy and a part time pathology service. The medical centre use and development is to be established in two stages:


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Stage 1 (2015)

3 health providers operating at any one time (4 doctors and 1 allied health provider working on a part time basis out of 3 multipurpose rooms).

2 part time pathologists operating two mornings per week. Stage 2 (2018)

3 additional allied health providers (i.e. paediatrician, psychologist, etc.).

1 additional specialist room (i.e. occupational therapist, physiotherapist, etc.). Total medical practitioners operating at any one time (including part time pathologists) = 9. Hours of Operation The medical centre will operate:

Monday to Friday – 8.00am to 6.00pm

Saturdays – 9.00am to 1.00pm Duration of appointments are to be one hour for new patients and 30-45 minutes minimum for repeat patients. Access and Car Parking The existing access from Anderson Street will be upgraded including:

Widening of the brick wall opening to 8.0m,

Widening the cross-over/slip lane which provides access to 16 and 14 Anderson Street,

Widening the internal driveway to 6.0m,

Sealing/paving the internal driveway and parking areas. 25 car parking spaces will be provided within the boundaries of the site (Stage 1 = 10 spaces, Stage 2 = 15 additional spaces). Buildings and works Stage 1

Widening and sealing of driveway, widening of access way (part demolition of wall), and construction of 10 car spaces.

Demolition of above ground pool and deck.


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Figure 2: Stage 1 development.

Stage 2

Partial demolition and extension to waiting room comprising 3 consulting rooms and one specialist occupational therapy room (Single storey addition built in a contemporary style with 3 split skillion roof forms).

Extension to car park and access way to provide additional 15 spaces.


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Figure 3: Stage 2 development.

Figure 4: Elevations (Anderson Street and Niemann Street)


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Business Identification Sign Erection of one sign measuring 0.90m² x 0.50m² to be attached to the Anderson Street brick wall, on the left hand side of the vehicle entrance.

Figure 5. Proposed business identification sign (note: address to be altered).

Car parking reduction Clause 52.06 stipulates that for medical centres, 5 car parking spaces are required for the first medical practitioner and 3 spaces for each practitioner thereafter. With 9 practitioners total (including 2 part time pathologists) the proposed medical centre requires 29 car spaces. A total of 25 spaces are to be provided, with 4 requested to be waived.

Planning Controls - Greater Bendigo Planning Scheme

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

Clause 11.05-1 Regional Settlement Networks

Clause 11.12 Loddon Mallee South Regional Growth

Clause 15.03-1 Heritage Conservation

Clause 18.02-5 Transport (Car Parking)

Clause 19.02-1 Health Facilities

Municipal Strategic Statement

Clause 21.03 Vision – Strategic Framework

Clause 21.07 Economic Development

Clause 21.08 Environment (Heritage)

Clause 21.10 Reference Documents Local Planning Policies

Clause 22.06 Heritage Policy


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Zone

Clause 32.08 General Residential Zone Overlays

Clause 43.01 Heritage Overlay Other Provisions

Clause 52.05 Advertising Signage

Clause 52.06 Car Parking

Clause 65 Decision Guidelines

Consultation/Communication

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

Referral Comment

Traffic & Design No objection subject to conditions relating to car parking construction and lighting.

Drainage No objection subject to conditions relating to provision of drainage plans and construction of underground drainage.

Heritage Advisor No objection subject to conditions relating to clarification of wall repairs, details of materials and protection of the historic underground well/tank.

Public Notification The application was advertised by way of sending letters to adjoining owners and occupiers and by erecting notice boards on the Anderson Street and Niemann Street boundary walls. As a result of advertising, 11 objections were received, with the grounds of objection being:

Parking concerns (lack of public parking in area).

Traffic congestion (increased traffic and the effect on the neighbourhood).

Road safety concerns (for vehicles, pedestrians and bicyclists – particularly children).

General noise and amenity concerns.

Concerns over proposed pedestrian access from Niemann St and impacts on the Niemann Street “pocket park”.

Pedestrian access concerns for Anderson Street (due to slope, driveway width and gravel surface).

Potential overlooking from car parking area to neighbouring properties.

Dust concerns arising from proposed gravel driveway.

Proposed use/development inconsistent with the Draft Hospital Precinct Structure Plan.


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Vehicle access concerns for private properties (vehicles blocking driveways).

Potential loading/damage to already unstable brick boundary wall caused by car parking.

Vehicle/driver visibility concerns due to sloping and angled driveway adjoining Anderson Street.

Property devaluation.

Proposed extension is out of character with heritage building.

Heritage impacts (construction and part demolition of brick boundary wall).

Inappropriate to locate a commercial use/building in a residential zone/neighbourhood.

Drainage concerns.

Loss of vegetation. Following changes made to the plans by the applicant, 2 objections were withdrawn resulting in a total of 9 objections against the proposal.

The objections are discussed in the body of this report.

Planning Assessment

Is the proposal consistent with the Greater Bendigo Planning Scheme, including the General Residential Zone?

Relevant State and Local Planning Policies are identified in the Planning Controls section of this report. State Policy at Clause 11.12 identifies Bendigo as being an important regional city which will facilitate major growth. Services including health facilities are required to provide for the needs of the community. In this case a specialised child health service will result in net community benefit which is encouraged by Clause 10.4. Clause 19.02-1 encourages the establishment of medical centres which are integrated with local and regional communities. These facilities should be located with consideration given to demographic trends, the existing and future demand requirements and the integration of services into communities.

Establishment of compatible, non-residential uses (such as medical centres) is a widely accepted and appropriate land use outcome for residential areas. In a general sense, it is beneficial to locate medical centres within the communities which they serve.

The purpose of the General Residential Zone (GRZ) highlights this in seeking: To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. Medical centres are in fact an “as of right” use within the GRZ which does not require any planning approval (subject to maximum floor areas, road abuttals and car parking provision).

With regards to development, the importance of urban design and heritage conservation is highlighted at Clause 15 and Clause 22.06.


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The proposed use and development is consistent with the relevant controls and policy objectives of the Planning Scheme for the following reasons:

The proposed specialist medical centre will serve community needs and provide a net community benefit.

The proposed development is appropriate with regards to urban design and heritage protection (discussed below).

The proposed use and development will support Bendigo as the regional city and the major population and economic growth hub for the region.

The proposed use is compatible with adjoining residential land uses.

The site is within walking distance to the Bendigo Hospital and is integrated with the local community it serves.

How does the Hospital Precinct Structure Plan affect the proposal?

The Hospital Precinct Structure Plan was adopted by Council on 10 September 2014. The Structure Plan is a document which may be considered during the assessment of planning applications. At this stage however it has limited statutory weight as it is not a reference document or incorporated document in the Greater Bendigo Planning Scheme, and has not been tested though a Planning Scheme amendment process. One objective of the Structure Plan is to define a compact health precinct, concentrating health-related uses and services around the hospital campus. The Plan recommends that establishment of ‘standalone’ medical uses in undesignated areas of the precinct should be strongly discouraged. It should be noted that the policy does not prohibit medical uses outside of the designated area and that any application must be assessed on its merits against the Planning Scheme. The Plan has been considered as part of the assessment of this proposal. In this case the Planning Scheme is the primary tool to assess the proposed use and development, particularly the purpose, objectives and decision guidelines of the General Residential Zone. The strategies of the Structure Plan should not outweigh the current requirements of the Planning Scheme.


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Figure 6: Draft Hospital Precinct Structure Plan medical related uses abstract

Will the development have an adverse impact on the heritage significance of the place and precinct?

The property is listed as a key site in the Eaglehawk and Bendigo Heritage Study, with the house, garden and garden wall recognised for their significance.

A permit is required under the Heritage Overlay to partially demolish and extend the existing building, to carry out works associated with the car park, to demolish the swimming pool and deck and to repair the boundary wall. It should be noted that the Heritage Overlay falls only over the southernmost two thirds of the site, which appears to be a Planning Scheme mapping anomaly. Given this, the partial wall demolition to widen the access way, demolition of outbuildings, erection of signage and construction of car parking for Stage 1 do not require approval under the Heritage Overlay.


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Figure 7: Heritage Overlay show in yellow

The most relevant purpose of Clause 43.01 Heritage Overlay in this case is:

To ensure that development does not adversely affect the significance of heritage places.

The City’s Heritage Advisor has recommended that the proposal is an appropriate heritage outcome and that it will have no adverse impact on the heritage precinct. The Heritage Advisor has stated that: While clearly a modern addition and contemporary in form the additions are respectful of the original house and its subsequent additions. The single storey form means they will not be easily viewed from the public realm. The proposal is a carefully considered and sympathetic contemporary design response and it will not [sic] have any significant adverse effect on the heritage significance of the place or wider precinct. The assessing officer is in agreement with the expert opinion provided by the City’s Heritage Advisor. Given the size of the land, the visual screening provided by the high brick wall and the scale and design of the extension, heritage impacts will be minor. The impact of hard surface areas for access and car parking will have minimal impact on the heritage significance and will be mostly invisible from the public realm. In addition, re-use of the heritage place is beneficial as it will ensure the ongoing maintenance and protection of the property. The re-use will also allow the general public to access the heritage asset.


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The retention of all mature trees and the formal landscaping areas on the southern and eastern sides of the dwelling are also a positive aspect of the proposal. The retention of much of the landscaped grounds will also provide a high degree of amenity of for the proposed medical centre. With specific regard to the decision guidelines of the Heritage Overlay and the objectives of Council’s Heritage Policy, the proposal is acceptable.

Does the proposal pose unreasonable amenity impacts for neighbours?

Medical centres are generally recognised as being compatible with residential uses. This is highlighted by the fact that subject to compliance with certain criteria, medical centres can establish ‘as of right’ within the General Residential Zone.

It is recognised however that non-residential uses do have potential to cause disruption in residential areas. In this case the following issues have been identified as being the major amenity issues to be addressed.

Noise concerns, particularly associated with vehicle movements.

Dust issues caused by unsealed car parking and access areas.

Overlooking neighbours’ backyards from car parking areas

Response Increased vehicle movements will have some impact on the amenity of adjoining neighbours. Whether this will cause unreasonable detriment to the amenity of neighbours is the question at hand. In this case the proposed car parking layout and amenity impacts caused by vehicles is considered to be acceptable for the following reasons:

The use will operate between normal business hours ensuring “sensitive” hours of the day remain undisrupted.

The non-residential use will allow greater levels of amenity during evenings and early mornings as no activity will occur during these “sensitive” hours.

The long appointment times of the medical practitioners will result in low frequency vehicle movements.

The brick boundary wall will act as an acoustic barrier and will partially reduce vehicle noise.

The other potential noise generator will be children. The applicant has addressed this through siting the children’s play area on the southern side of the building, within the landscaped grounds. This isolates children from neighbouring properties and car parking areas whilst providing an acoustic barrier in the form of the building. The applicant has responded to neighbour’s concerns relating to dust by amending the plans to show the entire car parking area and access way to be sealed/paved. This will effectively ensure that vehicles will not cause dust issues for residents of the area.


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Similarly with overlooking, the applicant has addressed this existing issue by identifying on the plans the boundary areas that will be landscaped and provided with visual screens to prevent overlooking to neighbours’ back yards. The large size of the site will also allow an adequate buffer distance between the medical centre building and adjoining dwellings. The corner location, generous road reserves and the extensive brick walls to Niemann and Anderson Street further enhance privacy and protect residential amenity. Will the proposal cause unreasonable car parking issues? A major concern for objectors is the potential impacts the proposal will have on car parking availability, road congestion and traffic safety issues (for vehicles and pedestrians). Following the consultation meeting the applicant has amended the proposal to provide a total of 25 car spaces (increased from the initial 20 proposed). The additional 4 required spaces have been requested to be waived. It is noted that as the 2 pathologists will work part time, the car parking waiver will only be required for 2 mornings of the week. On the 3 days per week when part time pathologists aren’t working, the site will operate with an excess of 2 car spaces more than that required by the Planning Scheme (25 spaces provided with 23 required for 7 practitioners). The waiver of four car spaces will not cause significant stress on the existing public parking facilities within the wider area. By the same token, the amenity of neighbours will not be significantly affected through a waiver of four spaces. This conclusion is based on the following:

A total of 25 car spaces will be provided at completion of Stage 2 which will allow adequate onsite vehicle facilities for staff and patrons.

Although commonly utilised, unrestricted public car parking is available in the surrounding road network.

The long appointment times will result in fewer and low frequency vehicle movements. Overlaps in appointment times will also allow filtration of vehicles to and from the site.

The site is within walking distance of the Bendigo Hospital. It is reasonable to assume some patrons will be visiting both the hospital and the proposed medical centre in one trip.

The re-development of Bendigo Hospital includes provision of 1350 car spaces. Once constructed it is reasonable to assume current on street parking demand will partially dissipate.

Bicycle facilities are provided on site with the owner advising that staff will be encouraged to ride to work.

The waiver is only required 2 mornings per week. Will the proposal cause unreasonable traffic issues? Following discussions with Council’s traffic engineers and neighbouring residents, the applicant has addressed potential traffic safety issues through the following methods:


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Widening of the brick wall opening to 8.0m wide to allow vehicles to enter and exit simultaneously and provide for minimum pedestrian sight lines,

Widening the cross-over / slip lane to allow two vehicles to enter and exit the site simultaneously and to improve access for 16 Anderson Street,

Widening the internal driveway to 6.0m to allow two way internal traffic,

Sealing/paving the internal driveway and parking areas to improve internal vehicle and pedestrian access and address dust issues.

Construction of bollards within the road reserve between the driveway/cross over and Anderson Street to increase vehicle safety adjacent to the steep road reserve.

Relocating the footpath to the southern side of the driveway away from the solid brick wall to improve pedestrian safety.

Providing a new gravel footpath to the Niemann Street pedestrian access gate to separate vehicle and pedestrian movements.

Utilisation of two existing pedestrian gates which are separate from the vehicle entrance (one on Anderson Street and one on Niemann Street).

Council’s Traffic Engineers have been consulted throughout the planning process to provide advice on the functionality and safety of the proposal. The Engineers have offered no objection to the proposed use or development and have advised that subject to the above measures, road safety will be maintained. The City’s Infrastructure Design Manual stipulates that Anderson Street has a vehicle capacity of 1000 vehicle movements per day. Based on traffic count data for the surrounding area, the Traffic Engineers have advised that the current vehicle movements on Anderson Street are approximately 500 movements per day. Given the size of the proposed medical centre, the capacity of Anderson Street will not be compromised by its operation. Council’s Engineering Department has also recently installed no standing signs on both sides of Anderson Street between Niemann and Michelsen Street. This will improve the safety for vehicles entering and exiting the subject site by allowing good sight lines free from obstruction. Objector’s concerns not already addressed in this report:

Potential loading/damage to unstable brick boundary wall caused by car parking. Comment: The applicant has agreed that prior to construction of Stage 1 and commencement of the use, the wall will be inspected by a structural engineer and any necessary remedial works carried out. Permit conditions will ensure this occurs.


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Vehicle access concerns (cars blocking private driveways ) Comment: Illegal car parking is matter best addressed by Council’s parking officers and Victoria Police.

Property devaluation: Comment: There is established case law which holds that a proposed decrease in property value is an irrelevant consideration. This has been a long standing position by Council and VCAT and other than in exceptional cases, and where clear evidence can be presented, loss in property value should not be entertained as a valid ground of objection.

Drainage concerns: Comment: The proposal was referred to Council’s Drainage Engineer for advice. No objection was raised by the Engineers, subject to permit conditions relating to provision of drainage plans and construction of underground drainage.

Conclusion

The site is located within a good location in close proximity to the Bendigo Hospital and is suitable to be utilised as a medical centre. The proposal will protect the heritage values of the site and will result in an appropriate reuse of a heritage building. The proposal is acceptable with regards to provision of car parking, vehicle and pedestrian safety and the amenity of the area. The retention of the mature trees and established garden is a positive aspect of the proposal. Protection of landscaping and mature trees may not be guaranteed if this very large site was further developed for residential purposes. The application is recommended for approval on the basis that it represents an acceptable planning outcome for the site and satisfies 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

Heritage Advisor report.


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for Use of land as a medical centre (child health), staged construction of extension to building and associated car parking facilities, display of signage, repairs to boundary fence (wall), reduction in car parking requirements and demolition of swimming pool and deck at 14 Anderson Street, NORTH BENDIGO 3550 subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: a) Amended Demolition Plan to detail the extent of demolition proposed to

facilitate Stage 2 construction. b) Amended Access Plan and/or site plan to detail proposed sign on boundary

fence (left side of vehicle entrance). c) Amended elevation plans to specify colours and materials for the proposed

extension. d) Structural engineering report and details of repair works for boundary wall in

accordance with Condition 5. 2. NO ALTERATION TO LAYOUT

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

3. PRACTITIONER NUMBERS

Except with the prior written consent of the responsible authority, no more than the following amount of practitioners may operate from the medical centre at any one time: Stage 1: 3 practitioners and 2 pathologists (2 mornings per week – refer Condition 4). Stage 2: 7 practitioners and 2 pathologists (2 mornings per week – refer Condition 4). The use permitted by this permit is limited to specialist child health medical consultants, in particular paediatricians, occupational therapists, physiotherapists, psychologists, speech therapists, play therapists and similar, except with the prior written consent of the responsible authority.


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4. HOURS OF OPERATION

Except with the prior written consent of the responsible authority, the use permitted by this permit must operate only between the following times: a) Monday to Friday – 8.00am to 6.00pm b) Saturdays – 9.00am to 1.00pm * 2 part time pathologists are permitted to operate 2 days per week, Monday-Friday between the hours of 8.00am to 1:00pm.

5. STRUCTURAL ENGINEERING ASSESSMENT OF BOUNDARY WALL

Prior to the use approved under this permit commencing, the applicant/owner is to submit a structural engineering report to the responsible authority. This report is to assess the structural integrity of the boundary wall and any impact the proposed car parking will cause to the wall’s stability.

Any recommendation for repairs or stability works for the boundary wall are to be carried out prior to the use commencing. Details of the extent of repairs to the undertaken are to be submitted to and endorsed by the responsible authority prior to the commencement of works.

6. STORMWATER DRAINAGE

Drainage plans, including computations and longitudinal sections, must be provided to and approved by the Responsible Authority for the lot in the development to the Responsible Authority’s nominated point of discharge. Once approved, the plans will be endorsed as part of the planning permit and must not be further altered without the prior written consent of the Responsible Authority.

7. CONSTRUCTION OF WORKS

Road works, drainage and other civil works must be constructed in accordance with plans and specifications approved by the Responsible Authority: a) Underground drainage. b) Upgraded footpaths to be sealed.

8. CAR PARK CONSTRUCTION

Before the use or occupation of the development starts, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be: a) Constructed with an all-weather-seal coat b) Properly formed to such levels that they can be used in accordance with the

plans c) Drained d) Line marked to indicate each car space and all access lanes e) Clearly marked to show the direction of traffic along access lanes and

driveways to the satisfaction of the responsible authority f) Within the parking area(s) a means of protection must be installed to the

satisfaction of the responsible authority to prevent damage by a vehicle to a fence of an adjoining property.


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g) The car park must be provided with public lighting in accordance with AS/NZ 1158.0-2005/Amdt 2-2010 minimum lighting category P11/P12 and the fittings are to minimise spill lighting on to neighbouring property (including road reserves) in accordance with AS/NZ 4282-1997.

h) Disabled persons parking bays where required by the BCA, must be provided in accordance with AS/NZ 2890.6-2009, section 2 and must be signed in accordance with AS/NZ 1742.11-1999 and line marked in accordance with AS/NZ 2890.6-2009, section 3.

i) Bollards within the road reserve are to be installed at the cost of the developer/owner and are to be installed prior to the commencement of the use.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

9. LANDSCAPING MAINTENANCE

The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, in particular the mature Peppercorn, Pine and Palm trees are to be retained and protected.

10. LOADING AND UNLOADING

The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject land.

11. BAFFLED LIGHTING

Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

12. CONSTRUCTION PHASE

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

13. SIGNS NOT BE ALTERED

The location and details of the sign(s), and any supporting structure, as shown on the endorsed plans, must not be altered without the written consent of the responsible authority.

14. NO EXTERNAL LIGHT ILLUMINATION

The sign(s) permitted by this permit must not be floodlit or illuminated by external lights except with the prior written consent of the responsible authority.

15. MAINTENANCE OF SIGN

The sign(s) permitted by this permit must be maintained in good condition to the satisfaction of the responsible authority.

16. NO BUNTING

Bunting, streamers, flags, wind vanes or similar material must not be displayed except with the prior written consent of the responsible authority.


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Permit Note – noise emissions Noise emissions must comply with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1. City of Greater Bendigo Asset Planning and Design Unit Note: A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve. CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with;

The Road Management Act 2004,

Road Management (Works and Infrastructure) Regulations 2005 and

Road Management (General) Regulations 2005 With respect to any requirements to notify the Coordinating Authority and/or seek consent from the Coordinating Authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The Responsible Authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit. MOTION Moved Cr Williams, Seconded Cr Weragoda. Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for use of land as a medical centre (child health), staged construction of extension to building and associated car parking facilities, display of signage, repairs to boundary fence (wall), reduction in car parking requirements and demolition of swimming pool and deck at 14 Anderson Street, NORTH BENDIGO 3550 on the following grounds:

1. The proposal would have an adverse impact on the heritage significance of the heritage place and precinct, contrary to clauses 15.03, 21.08, 22.06 and 43.01 of the Greater Bendigo Planning Scheme, due to the scale and form of the proposed extension and the extent of hard surfacing.

2. The proposed access and egress arrangements for the site pose unreasonable traffic and pedestrian safety risks, due to the restricted driver site lines and the topography of the area.

3. The proposed internal car parking layout and car parking waiver will have unreasonable amenity impacts on the amenity of residential neighbours.

4. The proposal is inconsistent with the objectives of the Hospital Precinct Structure Plan.

LOST


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RESOLUTION

Moved Cr Campbell, seconded Cr Chapman. Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for Use of land as a medical centre (child health), staged construction of extension to building and associated car parking facilities, display of signage, repairs to boundary fence (wall), reduction in car parking requirements and demolition of swimming pool and deck at 14 Anderson Street, NORTH BENDIGO 3550 subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: a) Amended Demolition Plan to detail the extent of demolition proposed to

facilitate Stage 2 construction. b) Amended Access Plan and/or site plan to detail proposed sign on boundary

fence (left side of vehicle entrance). c) Amended elevation plans to specify colours and materials for the proposed

extension. d) Structural engineering report and details of repair works for boundary wall in

accordance with Condition 5. e) That the applicant prepare a plan, at their cost, of traffic improvements at the

entrance to the facility in Anderson Street, to the satisfaction of the responsible authority.

2. NO ALTERATION TO LAYOUT

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

3. PRACTITIONER NUMBERS

Except with the prior written consent of the responsible authority, no more than the following amount of practitioners may operate from the medical centre at any one time: Stage 1: 3 practitioners and 2 pathologists (2 mornings per week – refer Condition 4). Stage 2: 7 practitioners and 2 pathologists (2 mornings per week – refer Condition 4). The use permitted by this permit is limited to specialist child health medical consultants, in particular paediatricians, occupational therapists, physiotherapists, psychologists, speech therapists, play therapists and similar, except with the prior written consent of the responsible authority.


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4. HOURS OF OPERATION

Except with the prior written consent of the responsible authority, the use permitted by this permit must operate only between the following times: c) Monday to Friday – 8.00am to 6.00pm d) Saturdays – 9.00am to 1.00pm * 2 part time pathologists are permitted to operate 2 days per week, Monday-Friday between the hours of 8.00am to 1:00pm.

5. STRUCTURAL ENGINEERING ASSESSMENT OF BOUNDARY WALL

Prior to the use approved under this permit commencing, the applicant/owner is to submit a structural engineering report to the responsible authority. This report is to assess the structural integrity of the boundary wall and any impact the proposed car parking will cause to the wall’s stability.

Any recommendation for repairs or stability works for the boundary wall are to be carried out prior to the use commencing. Details of the extent of repairs to the undertaken are to be submitted to and endorsed by the responsible authority prior to the commencement of works.

6. STORMWATER DRAINAGE

Drainage plans, including computations and longitudinal sections, must be provided to and approved by the Responsible Authority for the lot in the development to the Responsible Authority’s nominated point of discharge. Once approved, the plans will be endorsed as part of the planning permit and must not be further altered without the prior written consent of the Responsible Authority.

7. CONSTRUCTION OF WORKS

Road works, drainage and other civil works must be constructed in accordance with plans and specifications approved by the Responsible Authority: c) Underground drainage. d) Upgraded footpaths to be sealed.

8. CAR PARK CONSTRUCTION

Before the use or occupation of the development starts, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be: j) Constructed with an all-weather-seal coat k) Properly formed to such levels that they can be used in accordance with the

plans l) Drained m) Line marked to indicate each car space and all access lanes n) Clearly marked to show the direction of traffic along access lanes and

driveways to the satisfaction of the responsible authority o) Within the parking area(s) a means of protection must be installed to the

satisfaction of the responsible authority to prevent damage by a vehicle to a fence of an adjoining property.


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p) The car park must be provided with public lighting in accordance with AS/NZ 1158.0-2005/Amdt 2-2010 minimum lighting category P11/P12 and the fittings are to minimise spill lighting on to neighbouring property (including road reserves) in accordance with AS/NZ 4282-1997.

q) Disabled persons parking bays where required by the BCA, must be provided in accordance with AS/NZ 2890.6-2009, section 2 and must be signed in accordance with AS/NZ 1742.11-1999 and line marked in accordance with AS/NZ 2890.6-2009, section 3.

r) Bollards within the road reserve are to be installed at the cost of the developer/owner and are to be installed prior to the commencement of the use.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

9. LANDSCAPING MAINTENANCE

The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, in particular the mature Peppercorn, Pine and Palm trees are to be retained and protected.

10. LOADING AND UNLOADING

The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject land.

11. BAFFLED LIGHTING

Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

12. CONSTRUCTION PHASE

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

13. SIGNS NOT BE ALTERED

The location and details of the sign(s), and any supporting structure, as shown on the endorsed plans, must not be altered without the written consent of the responsible authority.

14. NO EXTERNAL LIGHT ILLUMINATION

The sign(s) permitted by this permit must not be floodlit or illuminated by external lights except with the prior written consent of the responsible authority.

15. MAINTENANCE OF SIGN

The sign(s) permitted by this permit must be maintained in good condition to the satisfaction of the responsible authority.

16. NO BUNTING

Bunting, streamers, flags, wind vanes or similar material must not be displayed except with the prior written consent of the responsible authority.


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Permit Note – noise emissions Noise emissions must comply with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1. City of Greater Bendigo Asset Planning and Design Unit Note: A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve. CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with;

The Road Management Act 2004,

Road Management (Works and Infrastructure) Regulations 2005 and

Road Management (General) Regulations 2005 With respect to any requirements to notify the Coordinating Authority and/or seek consent from the Coordinating Authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The Responsible Authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

CARRIED


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2.3 BENCHMARKING PLANNING PRACTICES


Author Linda Cockerall, Business & Systems Coordinator Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

This report provides information to Councillors on benchmarking of Statutory Planning data with other councils, consistent with recommendation number 34 of the Independent Review.

Policy Context


Planning for Growth


Diverse, affordable and sustainable, housing choices.

Productivity


Background Information

Recommendation No. 34 of the Independent Review Committee report states a requirement to: Benchmark planning practices and metrics with a minimum of two comparable councils (e.g. Ballarat City Council and the City of Greater Geelong) for annual reporting to Council. This benchmarking exercise is undertaken with the City of Ballarat, City of Greater Geelong and Yarra Ranges Shire Council, all of whom have similar planning permit numbers and common community factors. The data is to be reported annually to Council, and is in its second year.


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Report

The data for this report is compiled by the Department of Transport, Planning & Local Infrastructure (DTPLI), who administers a state wide planning permit reporting system called Planning Permit Activity Reporting (PPARS). Data is uploaded from each Council every month to DTPLI for collation of these planning permit statistics; this data includes the number of applications received and decided, value of works, application categories and performance figures such as processing days and VCAT appeals.

1/7/2013 to 30/6/2014 Bendigo Ballarat Geelong Yarra

Ranges

Area of municipality 2999 sq.km 740 sq.km 1247 sq.km 2470 sq.km

Total applications received 1219 1034 1827 1599

New 954 961 1577 1229

Amended 265 73 250 370

Total decisions 1184 995 1689 1271

Notice of Decision and Issued 1165 965 1663 1215

Refusal 19 30 26 56

Withdrawn, Lapsed, No Permit Required 54 80 124 256

Decisions made under delegation 93% 96% 95% 96%

Review lodged at VCAT 21 16 44 43

Applications with:

Public notice (advertising) 582 395 906 839

Further information requests 385 371 630 600

Referrals 775 240 1017 379

Objections 95 120 251 194

Cost of issued $224,802.687 $174,668,312 $556,996,364 $268.117,722

Processing times

Average gross days 94 91 114 113

Median processing days 56 62 80 91

Completed within 60 days 71% 75% 76% 69%

Permit outcomes:

Additional dwellings approved 628 655 1029 604

Estimated subdivisional lots created 1419 1081 1201 1039


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Across all councils in Victoria, the number of applications for planning permits increased by 9% in the 2013/2014 financial year. The data for the benchmarked councils is diverse for this period, ranging from a 14% decrease in Ballarat, to a 15% increase in Geelong. Greater Bendigo and Yarra Ranges had slight decreases, at 2.3% and 4% respectively. Subdivision of land and the construction of single dwellings continue to dominate the application categories for permits over the benchmarked councils, confirming a continued strong growth in these municipalities. The total cost of works approved at Greater Bendigo injected an estimated $225M of development in to the Bendigo economy. Some of the major trends of applications received, decided and timeframes are shown in the graphs below, as well as the percentage of applications lodged at VCAT for review.

0 500 1000 1500 2000

Bendigo

Ballarat

Geelong

Yarra Ranges

Applications received

Received 2012/13 Received 2013/14

0 500 1000 1500 2000

Bendigo

Ballarat

Geelong

Yarra Ranges

Applications decided

Decisions 2012/13 Decisions 2013/14


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Reviews at VCAT have generally decreased in comparison to decisions made; there is a shared view that this stems from the considerable rise in fees for lodging an appeal with VCAT this year. While the percentage is slightly higher for Greater Bendigo, it should be noted the actual number represents 1 additional review being lodged. The graph of VCAT outcomes for Greater Bendigo shows that 86% of Council’s decisions were upheld in the 2013/14 year. Once again, median timeframes for processing of applications at Greater Bendigo and Ballarat is considerably less than the state average of 76 days, whilst the number of applications completed in 60 days continues to surpass the state average of 67% for all benchmarked Councils.

0

10

20

30

40

50

60

70

80

90

100

Bendigo Ballarat Geelong YarraRanges

Median processing days

Median processing days 2012/13

Median processing days 2013/14

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%


Applications completed within 60 days

Completed within 60 days 2012/13

Completed within 60 days 2013/14

1.8% 1.6%

2.6%

3.4%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%


Percentage of VCAT appeals lodged

Appeals lodged with VCAT 2012/13

Appeals lodged with VCAT 2013/14

80% 86%

20% 14%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

2012/13 2013/14

Greater Bendigo VCAT Outcomes

Upheld Overturned


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In considering the trend in processing timeframes for Greater Bendigo, the percentage of referrals, public notice requirements and further information requests have increased, indicating more complex applications. The numbers of referrals are noticeably higher than Ballarat and Yarra Ranges, however it has been found that data is being captured differently over these councils and will now be modified to ensure its accuracy. In 2014, Council moved to change permit delegation powers to allow for applications with 3 or less objections being determined by a panel of senior planning officers. This aligned the delegation process with the other 3 benchmarked councils, who already operated in this manner. It is anticipated that the number of decisions made under delegation will increase in next year’s data, and in turn, improve processing times. Next year’s data will also indicate whether the VicSmart planning process, which came in to effect in September 2014, has had any major effect on processing times.


External Consultation:

Ballarat City Council, Yarra Ranges Shire Council, Greater Geelong City Council and the Department of Transport, Planning & Local Infrastructure.

RECOMMENDATION

That Council continue to benchmark its planning data with the City of Ballarat, City of Greater Geelong and Yarra Ranges Shire Council each year in order to identify areas for improvement in our service. RESOLUTION Moved Cr Campbell, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

Presentation and Vibrancy Ordinary Meeting - 21 January 2015

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3. PRESENTATION AND VIBRANCY

3.1 MARIST COLLEGE BENDIGO - JOINT USE FACILITIES


Author Steven Abbott, Coordinator Planning and Policy Responsible Pauline Gordon , Director Community Wellbeing Director

Summary/Purpose

This report outlines details of the proposed joint use community facilities in Maiden Gully. It seeks Council approval to proceed with the Marist College Bendigo partnership and deliver joint use community facilities, central to one of Bendigo’s new large residential growth areas.

Policy Context

The joint partnership for the delivery and use of community facilities between the City of Greater Bendigo and Marist College Bendigo has a strong policy, financial and strategic rationale. It contributes to Council’s vision; working together to be Australia’s most liveable regional city, and provides critical infrastructure needed to accommodate Bendigo’s growing population in a way that is cost effective, integrated and proactive. Council Plan: Strategy 3.1 – Public infrastructure across Greater Bendigo facilitates positive wellbeing and a good quality of life. Action 3.1.4 – In partnership with community organisations, schools and workplaces, promote and increase physical activity among residents. Strategy 3.2 – Greater Bendigo is a place of great places that celebrates people’s active artistic, cultural, sporting and social lives. Action 3.2.4 – Implement the Open Space Strategy by continued upgrades to Parks and Passive Reserves. Liveability Indicators:

Increase the proportion of households where there is a park or open space within a 10 minute walk.

Reverse the negative trend in Bendigo compared to state-wide or national obesity benchmarks.


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Strategy Reference: Open Space Strategy 2005 Implementation recommends acquisition of recreation land in Maiden Gully to provide open space for future residential growth areas. Recommends expanding existing recreation reserve in Maiden Gully and acquiring land in the order of 20-30 hectares. Residential Development Strategy 2014 The recently adopted strategy reinforces the area surrounding Marist College Bendigo as a significant area of planned residential development within the existing urban growth boundary. It also outlines that longer term growth prospects of Bendigo are likely to occur within close proximity to this planned area, further north towards the former Eaglehawk Golf Course. Maiden Gully Precinct Structure Plan 2013 This plan provides the detailed vision and land use provisions for the future residential growth of Maiden Gully. Marist College Bendigo is effectively in the centre of more than 320 hectares of future residential land. This is the equivalent to housing for more than 10,000 people. The plan sets out the following relevant objectives:

To plan for a range of community facilities, cultural venues and services to meet the economic, social, environmental needs of local residents;

Ensure non-government school are co-located with open space, other schools and/or community facilities; and

To provide for a variety of open space types to meet the active and passive recreation needs of the community and protect and restore environmental values and features.

Maiden Gully Community Plan 2010 This plan describes an overarching goal for sport and recreation to foster the development of a range of passive and active sporting facilities which meet the diverse needs of a growing community, and visitors. One of the four key elements underpinning this is the ‘development of a community/sporting hub at the Catholic College (now Marist Brothers Bendigo) site. The Maiden Gully Community Progress Association continues to advocate for improved sporting and recreation opportunities/facilities for the growing Maiden Gully community. Their plan also specifies that any such facility/hub should include administration areas, change rooms, catering capacity, and entertainment, function facilities and be available to the wider community.


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Maiden Gully, during the last thirty years or so has seen quite a rapid transformation. From a sparsely settled rural residential area with mostly scattered homes in a bushland setting, it has evolved into a more consolidated and key growth area for Bendigo. The need for additional open space and community facilities has grown over this time. The availability of public open space, especially active spaces for organised sport, is notably limited. The current community relies solely on the existing small Maiden Gully Recreation Reserve which is well established however is constrained in any significant future recreation facilities development. The growing demand for additional land is well documented throughout the Open Space Strategy and Residential Development Strategy where the northern part of Maiden Gully was first proposed to accommodate a substantial amount of population and housing growth in Bendigo – equivalent to over 10,000 people in around 5,000 dwellings. Additional planning and needs analysis has been undertaken through the preparation of the Maiden Gully Precinct Structure Plan in 2013. This plan has reinforced the need for a significant amount of new community infrastructure in Maiden Gully and for the area to develop as a key residential growth zone for Bendigo. The Marist College Bendigo site is central to this significant residential growth zone. The needs analysis outlined that an additional 16 hectares of active open space is required to service this residential growth. It was recommended that this should occur over three critical investments in Maiden Gully, including:

Incrementally improve the existing Maiden Gully Recreation Reserve (ongoing);

Develop multi-purpose sporting and community use facilities with Catholic College (now Marist Brothers) in the order of 4 hectares; and

Develop a major sports precinct in the order of 12 hectares (longer term). The requirement to develop a multi-purpose sporting and community facilities central to the new growth area has substantially advanced this year with the in-principle support of Council. The opportunity to share the costs of such infrastructure with the new P-12 Marist College Bendigo is now a cost effective integrated and proactive option for the city. The Active and Healthy Communities unit, with the support of Parks & Natural Reserves, Building and Property, Governance and Finance have advanced the proposal and provided a number of briefings to Councillors throughout the year, including a presentation from the Principal of Marist College Bendigo regarding the overall Master Plan. The Council is now in a position where it is well placed and informed to make a decision regarding advancing the partnership and delivering the required infrastructure. The following documents have been prepared to support this decision.

Joint Use Master Plan (Attachment 1)

Community Facility Concept Plan (Attachment 2)

Joint Delivery Cost Plan A (Attachment 3)

Summary of Funding and Timeline Proposal (Attachment 4)


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Draft Joint Use and Delivery Agreement (Attachment 5) Previous Council Decision: 3 September, 2014 Council resolved to finalise contract details to allow for the sale of land to Marist Brothers with the intent that the City of Greater Bendigo enters into joint use, delivery and guaranteed community access of new open space and community facilities.

Report

The partnership between the City and Marist College Bendigo will deliver and manage the following recreation and community facilities for Maiden Gully:

Junior sports oval

Senior sports oval

Car park

Internal roadway

Walking and cycling paths

Active landscaping/play space

Three netball/tennis courts

Multi-purpose community facility

o Social rooms

o Commercial kitchen and kiosk

o Indoor single court stadium

o Change rooms

o Toilets

o Entertainment facilities

An overall Joint Use Master Plan is provided as Attachment 1 to illustrate the layout. It is proposed that the construction will be delivered over two stages and a six year funding agreement. Stage 1 is currently under construction and includes:

Junior sports oval

Car park

Internal road way

Three netball/tennis courts It will be completed within a number of weeks, prior to commencement of the first school term in 2015. Stage 2 will commence upon Council support and includes:

Senior sports oval

Walking and cycling paths

Active landscaping/play space

Multi-purpose community facility.


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It is proposed that stakeholder engagement regarding concept design, community use and other details will commence in February 2015 and will include peak sporting bodies, local clubs, Maiden Gully Community Progress Association, other community organisations and local residents. Funding Delivering the overall joint use facility will cost a combined total of around $8,000,000. The funding of this is proposed to be proportioned at 50% share between the Council and Marist College Bendigo. Marist College will also be providing the land for the facilities at no additional cost to Council. Stage 1 will cost approximately $2,000,000. Stage 2 will cost approximately $6,000,000. These costs are outlined in more detail within Cost Plan A, see Attachment 3. Marist College is prepared to fund the majority of the initial payments for constructing the facility, with contributions from the Council ‘back ending’ the project. The following statement from Marist Brothers Bendigo Principal Darren McGregor explains why this is the preferred option for delivery: “Marist College Bendigo believes there is a genuine need within the College and broader community for these facilities as soon as possible. The College plans to have an enrolment from Prep through to Year 10 from the beginning of 2017. Once the primary school students begin on site and the VCE years are on the horizon the priority for expenditure of any available funds will be placed very clearly on academic educational facilities. If the sports facilities shown in the Joint Use Agreement are not constructed by the end of 2016 then I cannot guarantee any funding will be available from the College until 2021 or beyond. The above reasoning is separate to the fact that the next 18 month period is seen as a very favourable time for low building tenders. I hope this explains why the window we currently propose is a vital one for these Joint Use Facilities.” It is proposed that the 50% Council contribution of $4,000,000 will occur over six years. This proposal has been developed by the Finance unit of Council in partnership with other units to minimise the financial impact on Councils current capital works program and suitably fit within the longer term 10 year financial plan. The breakdown of this funding proposal includes the following payments by Council: 2014/15 - $500,000 (utilising revenue from the sale of land to Marist Brothers) 2015/16 - $500,000 2016/17 - $500,000 2017/18 - $500,000 2018/19 - $1,000,000 2019/2020 - $1,000,000


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The bulk of the repayments by Council for funding the project will occur after the facilities have been constructed. This is beneficial for Council, in that it limits the up-front financial demand but it will also allow bookings and open space levy revenue to be collected in the meantime. A summary of the timeline and funding contributions is provided as Attachment 4. It is also important to note that the proposed funding model has been developed on the scenario that no external funding is provided. Council and Marist College Bendigo intend to seek funding support in partnership to reduce the overall resources required to construct it. If successful it has been agreed that the external funding received will be used to reduce the funding contribution for Council and Marist College Bendigo rather than used to widen the scope with additional infrastructure. Details of the Joint Use Agreement The land to which joint use will apply is illustrated in the Joint Use Master Plan included in this report as Attachment 1. The land and buildings will be entirely owned by Marist College Bendigo. The grounds, including sporting surface and related areas will be managed by Council. The intent of the Joint Use Agreement is to balance the construction and ongoing operating costs to be approximately 50% each from Marist College Bendigo and Council for the term of the agreement. The initial term proposed is for 50 years with the expectation of ongoing review and renewal. The land will be considered as part of the school grounds of Marist College Bendigo during ordinary school hours, generally between 8am and 4pm Monday to Friday. Outside of those times the land will be considered as a community facility, open to the general public for informal and formal community use. A detailed breakdown of specific responsibilities relating to utilities, cleaning, maintenance and insurance is included within the Joint Use Agreement. The draft Joint Use Agreement is included within this report as Attachment 5. In total, it is expected that Councils ongoing resources for the facility will be up to approximately $30,000 per annum. Expected revenue from bookings and other income is approximately $3000 per annum, roughly 10% of operating costs. Priority/Importance: High - The need for additional open space and community facilities in Maiden Gully has grown over time. The availability of public open space, especially active spaces for organised sport, is notably limited. The current community relies solely on the existing small Maiden Gully Recreation Reserve which is well established however is constrained in any significant future recreation facilities development. The growing demand for additional land is well documented throughout the Open Space Strategy, Residential Development Strategy, Community Plan and Precinct Structure Plan. The project represents a good opportunity for Council to provide critical community infrastructure in a cost effective manner. Without a joint delivery arrangement Council would be required to purchase land and develop entirely new open space facilities at a cost far greater than the current proposal.


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Timelines: Key milestones for the delivery of the facilities include: December 2014 – Council support February 2015 – Stakeholder consultation March 2015 – Detailed design May 2015 – Tender for construction July 2015 – Construction commence September 2016 – Construction complete This timeline is outlined in the context of financial contributions in Attachment 4. Risk Analysis:

1) Council do not approve to proceed with the partnership. Council may not approve the proposal and as a result the partnership does not proceed. This will result in the continued under provision of open space and community facilities in Maiden Gully, especially when compared to similar growth areas such as Strathfieldsaye and Huntly/Epsom. To create the required open space, Council would therefore need to acquire a significant area of additional land within the growth area, in the order of 16 hectares. There are very few allotments within Maiden Gully of this size that would be suitable for recreation and community facilities (due to natural features, topography, fire risk, soil profile and dimensions). This would also result in a 100% funding requirement by Council, far greater than the current proposal.

2) Partnership disagreement. The parties may not be able to reach agreement on elements relating to the design and management of the facility. This could lead to a point where the Council or Marist College Bendigo is unhappy to continue the partnership. To respond to this, such a risk is mitigated within the Joint Use Agreement includes provisions relating to disagreement, exit strategy and the responsibility of each party. This is included within this report as Attachment 5.

3) Cost overrun. With any project there is a risk of cost overrun. The current funding proposal is based on a Cost Plan A (Attachment 3). It is intended that the proposed contribution by Council is the maximum amount likely to be required. Once approval is gained by Council, further detailed design will occur which will further refine the cost estimates and determine if changes to the scope of works are required to ensure there are no cost overruns. It is also important to note that Council, in partnership with Marist College Bendigo intend to jointly apply for external funding to further reduce the financial contributions by each party.


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Internal Consultation: Finance The Finance unit has developed a suitable and responsible funding proposal for the project. The proposal focusses on integrating with Councils 10 year financial plan and minimising the impact on Councils ability to deliver its other priorities. Building and Property The Building and Property unit has contributed to the development of the draft Joint Use Agreement. The unit has also had representation on the project control group, which meets fortnightly to develop the proposal. This includes reviewing concept plans and working towards a layout of the community facility in preparation for detailed design. Parks and Natural Environment The Parks and Natural Environment unit is also a representative on the project control group contributing to the development of the proposal. The unit has reviewed maintenance requirements for Council and continue to contribute to the design of irrigation, plant species, finish levels and function of the facility. Governance The Governance unit has provided assistance in preparing the first draft of the Joint Use Agreement and legal negotiations. The unit is also expected to be involved in the finalisation of the Agreement. External Consultation: Marist College Bendigo The partnership between Council and Marist College Bendigo has continued to develop over the last 12 months. Internal departments of Council form part of a Project Control Group with Marist College Bendigo. This group has overseen the preparation of the joint use facilities proposal and will continue to operate throughout the construction period. The City also has a nominated representative on the Master Plan committee for the Marist College to maximise opportunities for further integration, such as water management, local food system planning and the potential for the College to become a second nominated place of last resort (Neighbourhood Safer Place) for Maiden Gully. Maiden Gully Community Action Group The Maiden Gully Community Progress Association is supportive of the project and the proposal is reinforced through the Maiden Gully Community Plan 2010. The plan includes an overarching goal relating to sport and recreation, is to foster the development of a range of passive and active porting facilities which meet the diverse needs of a growing community, and visitors. One of the four key elements underpinning this is the ‘development of a community/sporting hub at the Catholic College (Marist Brothers Bendigo) site.


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The Maiden Gully Community Progress Association continues to advocate for improved sporting and recreation opportunities/facilities for the growing Maiden Gully Community. The plan also specified that any such facility/hub should include administration areas, change rooms, catering capacity, and entertainment, function facilities and be available to the wider community. Other Key Stakeholders Engagement with local clubs, residents of Maiden Gully and peak sporting bodies have been occurring informally over the last 6 months. There is a significant amount of interest from a range of organisations in the project, specifically in relation to sport. These discussions will become more formal (in terms of the establishment of new sporting clubs and sub-lease arrangements) for the site, once Council are in a position to have further detail and certainty about the project. This includes lease terms, layout and detailed design of the facility and the support of Council to proceed with the proposal. It is intended that Council will commence formal community engagement regarding concept design and suitable clubs and groups for the site early next year (February 2015).

Conclusion

This project contributes to Councils vision of working together to be Australia’s most liveable regional city, and provides critical infrastructure needed to accommodate Bendigo’s growing population in a way that is cost effective, integrated and proactive. It delivers on two important liveability indicators relating to the provision of parks or open space within a 10 minute walk of homes, and to reverse the negative trend of Bendigo compared to state-wide or national obesity benchmarks. Planning for a range of community facilities, cultural venues and services to support significant residential growth areas is critical to population social and physical health and wellbeing. The project is located central to the new development area within Maiden Gully and will ultimately offer a community facility that promotes physical activity through the use of formal sporting grounds, but also more informal uses including social gatherings and events, walking and cycling, children’s play, and other activities. The site represents a critical part of the open space required in Maiden Gully's growth area and by delivering it in partnership with Marist College Bendigo, represents good value for the wider Bendigo region and quality facilities for the local community.

Attachments

1. Joint Use Master Plan 2. Community Facility Concept Plan 3. Joint Delivery Cost Plan A 4. Summary of Funding and Timeline Proposal 5. Draft Joint Use and Delivery Agreement


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RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Agree to the proposed joint delivery and use of community facilities between the City of Greater Bendigo and Marist College Bendigo for a minimum of 50 years.

2. Authorise the Chief Executive Officer, Craig Niemann as the signatory for the final Joint Use Agreement between the parties.

3. Commit to funding the delivery of the project to the sum of $4,000,000 over six years in four instalments of $500,000 and two subsequent instalments of $1,000,000, commencing this financial year.

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

CARRIED

Productivity Ordinary Meeting - 21 January 2015

PAGE 65

4. PRODUCTIVITY

Nil.

Sustainability Ordinary Meeting - 21 January 2015

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5. SUSTAINABILITY

5.1 REVIEW OF THE NATURAL ENVIRONMENT ADVISORY COMMITTEE AND ENVIRONMENTAL TASKFORCE


Author Anthony Sheean, Senior Environment Officer

Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

This report recommends the amalgamation of the Natural Environment Advisory Committee and the Environmental Taskforce to create a new Sustainability and Environment Advisory Committee. In addition, the report recommends the adoption of the terms of reference for the Sustainability and Environment Advisory Committee and the commencement of committee member recruitment.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017 (2014-2015 update):

Theme: 1 Leadership and good governance

Strategy 1.3

Theme: 5

Strategy 5.2

Community members take an active part in democratic engagement. Sustainability

Greater Bendigo’s natural heritage is restored and protected for the future.

Background Information Council currently has two environmental advisory groups, the Natural Environment Advisory Committee (NEAC) which was established in 1995 and the Environmental Taskforce (Taskforce) which was established in 2007. The purpose of NEAC is to provide the best possible advice to Council on how to conserve, enhance and promote places of environmental significance and to support Council in the development of strategy, policy and advocacy relative to the natural environment. The Committee is largely a community based group with some relevant government representation.


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The Taskforce was developed to advance the sustainability agenda within the City of Greater Bendigo (CoGB). The group does this by considering options for future strategic work, championing and advocating for the development and adoption of environmental strategies, policies and plans to other Councillors and the Executive Management Team and ensuring environmental considerations are included in statutory and strategic planning processes. Membership comprises three Councillors, two Directors and two CoGB staff members. Previous Council Decision(s) Date(s): Nil Report A review of both committees was undertaken to determine whether the two groups were complimentary to each other, whether there was significant overlap in their roles and whether there was benefit in merging both groups to form a new committee with a broader environmental sustainability charter and more targeted specialist membership. The review did establish overlap and shared interests and identified some gaps such as community engagement, and in the case of the NEAC, limitations in providing advice around the broader area of environmental sustainability. Environmental sustainability cuts across all areas of the community and the CoGB organisation. The review identified a unique opportunity to develop a new group that had a broader environment and sustainability charter that included an internal and external focus, greater community engagement opportunities and targeted membership ensuring an appropriate mix of representation. Discussions with both NEAC and the Taskforce have been positive with both committees supportive of the recommended changes. The creation of a new Sustainability and Environment Advisory Committee (SEAC) is therefore recommended. It is intended to be a high level strategically focused committee that has a broad charter across all areas of environmental sustainability. The purpose of the Committee is to provide the best possible advice, guidance and strategic representation to Council on matters concerning the natural environment and environmental sustainability more broadly. The Committee will support Council and CoGB in the development of relevant strategy, policy and action plans and assist with community engagement and discussion around these issues. Summary of proposed roles and functions of the committee:

Advocacy of ecological sustainable living principles;

Support with the development of Council policies, strategies and action plans;

Providing advice on emerging issues;

Recommending options for future strategic work;


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Community review panel for the environmental sustainability community grant category;

Convene a community engagement forum/event each year;

Participation in relevant community hosted forums and events;

Assist with development and promotion of community support programs and activities;

Recommending research and investigation into relevant strategic issues;

Identifying relevant funding opportunities; and

Providing advice on environmental education and training. Proposed membership of the Committee:

Up to three Councillors – annual appointments (Chairperson).

One CoGB Director.

A representative from the Department of Environment, Land, Water and Planning.

A representative from the North Central Catchment Management Authority.

Up to 6 community representatives:

- Bendigo Sustainability Group - Bendigo Field Naturalists Club - 4 x Community self-nomination

Manager of Sustainable Environment Unit.

A representative from a tertiary education institution.

An environmental sustainability industry representative.

Support officers as required. A recruitment process is outlined in the terms of reference and is consistent with current processes.


Internal Consultation: The Environmental Taskforce met on 8 November 2014 to discuss the review and consider various options. Taskforce members agreed that the creation of a single environmental advisory committee with expanded roles, functions and membership was the preferred option and is therefore supportive of the amalgamation proceeding. External Consultation: The Natural Environment Advisory Committee has been consulted and is supportive of the amalgamation of the two committees. The Committee has also provided valuable input into the drafting of the terms of reference and is very supportive of the expanded role and functions given to the new committee.


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The amalgamation of these two similar groups will remove existing duplication of effort and therefore better utilise existing staff and Councillor time.

Conclusion

NEAC and the Taskforce have served the Council and community extremely well and there is a clear need to retain high level strategic advisory committees of their kind. NEAC was primarily created to focus on issues associated with the natural environment. While this area of environmental management remains critically important, broader environmental sustainability issues have also become of major concern to our community. The Taskforce has an internal focus, limited community involvement and overlaps with NEAC’s range of interests. Establishment of a single advisory committee with both an internal and external focus, greater community engagement opportunities and an appropriate mix of community and industry representation is a logical progression now that the agendas of these existing groups has converged. The new Committee will support Council and CoGB in the development of relevant strategy, policy and action plans and assist with community engagement and discussion around these issues.

Attachments

1. Sustainability and Environment Advisory Committee Terms of Reference.

RECOMMENDATION

That the Greater Bendigo City Council resolves to: 1. Amalgamate the Natural Environment Advisory Committee (NEAC) and the

Environmental Taskforce (Taskforce) to form a new committee to be known as the Sustainability and Environment Advisory Committee (SEAC).

2. Formally adopt the terms of reference for SEAC. 3. Undertake a recruitment process to fill the proposed community and agency

positions on SEAC. 4. Nominate Councillors Fyffe, Williams and Weragoda to represent Council on SEAC. 5. Advise the existing members of NEAC of the approved changes; thank them for their

previous contributions and commitment, and encourage their nomination for the new positions available on SEAC.


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

CARRIED


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Leadership and Good Governance Ordinary Meeting - 21 January 2015

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6. LEADERSHIP AND GOOD GOVERNANCE

6.1 PROGRESS REPORT INDEPENDENT REVIEW IMPLEMENTATION


Author Peter Hargreaves Responsible Craig Niemann, Chief Executive Officer Director

Summary/Purpose

The purpose of this report is to provide an update on the Independent Review Implementation.

Policy Context

Council demonstrates good governance and leadership Council Plan Reference: 5.1.1 – Consider the recommendations of the Independent Review 2013 and implement the agreed actions. Independent Review: Recommendation 1 – Implementation and communication


Council has delivered on its commitment to independently review the City of Greater Bendigo to see what improvements can be made to its operations. In June 2013 Aurecon delivered its final report including 69 recommendations for Council to consider. Previous Council Decision(s) 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. In 2014 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. Outcomes from the review Implementation of the Review recommendations has been underway since August 2013. The number of completed recommendations stands at 39.


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So far the Review has resulted in:

Better systems for financial planning and budgeting including: - A better, transparent method to scrutinise and prioritise capital works based on

need and value to the community - Better scrutiny of new spending initiatives – no idea will be considered without a

comprehensive business case;

Better systems, meeting national standards, for tracking and managing assets so the CoGB can better predict when infrastructure will need to be replaced, prioritise works, budget for the cost and overcome the current asset renewal funding gap. This includes planning and funding of new infrastructure. This program alone has the potential to save the Community many millions of dollars in the long term;

More Council time for big picture issues and strategic planning by delegating more decisions on planning permit applications to the statutory planning unit;

More transparency around the cost of each service and business units and the level to which they are subsidised by rates;

More transparency and better explanation over rate charges and the overall rating strategy;

Better monitoring and reporting on income/expenditure for CoGB businesses such as the Bendigo Livestock exchange, the Bendigo Airport, The Capital and the Bendigo Art Gallery;

Better monitoring of working capital (liquidity) and capital replacement financial ratios;

A quality, superior service through benchmarking of CoGB planning application processes against comparable regional cities;

Better programs for supporting and developing Councillor skills and knowledge so they are better able to respond to the increasing demands on our elected officials;

More predictability and certainty for the development industry and the community generally through a clear and transparent set of priorities for planning scheme amendments;

The appointment of an in-house graphic designer which is expected to deliver savings of at least $215,000 over the first four years.

A review of spending on advertising to ensure the City extracts full value for money from this investment;

Measures to try to reduce the financial burden of the Defined Benefits Superannuation Plan liability;

A detailed business case, including funding model, for the upgrade of the Bendigo Airport; and

Integration of Heathcote and Bendigo phone systems to improve the quality and accessibility of services to Heathcote district residents.

Also in the pipeline are the following initiatives:

Detailed analysis of historic and current landfill sites to determine rehabilitation needs and associated costs to render them safer to the environment and the community;

Comprehensive reviews of Aged and Disability Services and Early Childhood Services to determine the best methods of service delivery;

An exhaustive review of the future structure and direction of the City Futures Directorate and the city’s approach to economic development and jobs growth;

Improved systems for tracking, benchmarking and continuously improving the performance and output of staff, business units and directorates;


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New training programs to build capacity amongst staff to meet the increasing demands placed on local government;

A review of the statutory planning unit’s consultation and mediation processes;

A review of user fees and charges to ensure they reflect value for money, the capital and operating costs of the assets and community needs;

A continuing review of all waste management contracts to identify further efficiency savings. This has already secured potential savings of up to $1.7 million by 2018;

An overhaul of systems for logging, tracking and handling customer and councillors complaints and inquiries to ensure faster, more informative responses and more reliable response times;

A review of the way CoGB engages the community and involves the community in the decision making and planning processes;

New ways of addressing Aboriginal reconciliation and cultural diversity to provide a more inclusive community;

Improved communication with the business community to alert them to and enable them to better capitalise on upcoming major events.

Report

Since the last progress report on 17 December 2014 further progress with implementation of the Review was considered at a Councillor Forum on 14 January 2014. Councillors were briefed on progress with Recommendations 6, 15 and 20 relating to the review of Aged and Disability Services. 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 Council’s objectives.

Recommendations 7 & 21 – Early Childhood Services Review

Following completion of the Early Childhood Services review, implement and complete the recommendations adopted by Council in a timely manner. Develop a change management strategy to undertake any adopted structural changes to come from the Early Childhood Services Review The City of Greater Bendigo (CoGB) began delivering childcare to address a service gap; demand reached its highest in the 1980s. Later it was seen as providing a benchmark for quality and affordability.


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There are approximately 7,122 children between 0-4 years residing in Greater Bendigo. By the year 2021 this number is predicted to rise by 14% to 8,132 and by the year 2031 to 9,188 - an increase of 29%. Currently Council provides 13% of child care centre services in CoGB and this will further diminish as new providers enter this market. It is estimated that within the next 12 months that Council’s proportion of this service will decrease to around 9% when known providers establish new centres which will meet the growing demand for child care places. However, the net cost to Council of providing child care centres will increase from $619,720 in the 2014/2015 budget to an estimated $855,420 in 2018/2019 due to general cost increases and staffing qualifications and staff ratios. These costs do not include maintenance and capital outlays. The Early Childhood Services Review reported to Council late last year and provided a range of recommendations including strengthening the City’s role in leadership, governance, service coordination, developing infrastructure and shifting its focus from direct service provision to addressing identified needs/gaps. Council noted there was an increasing number of providers offering an equivalent level of service within the community. For example a new 104 place centre has been built in the hospital precinct, a centre has been built at Kangaroo Flat and centres are planned for Epsom and Huntly. Council elected to focus its resources on the strategic planning of early years services, such as the delivery of upgraded and new preschool infrastructure like the redevelopment of the Strathfieldsaye Community Hub. Accordingly, Council resolved to close the Bendigo Early Learning Centre (ELC) in December 2015. As already reported to Council, an implementation plan including change management strategy has been put in place to manage the transition and ensure all affected residents and staff are supported and kept informed as the changes are implemented. From 2016, staff will be offered employment at the City’s two other child care centres and occasional care centre, and families wanting to re-enrol at another City service or with another provider will be assisted in doing so. More than 12 months’ notice has been given to make all transitions as easy as possible. In summary the finalisation of the Early Childhood Services Review and the implementation of a change management strategy complete the actions associated with these recommendations, but allows for further future actions should Council so choose.

Recommendation 31 – Defined Benefits Superannuation

Engage a specialist to define strategies for CoGB to reduce the burden of the

Defined Benefits Superannuation Plan liability.


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Action

There are three key ways in which COGB has addressed this recommendation.

1. At its State Council meeting on 24 October 2014 the Municipal Association of

Victoria (MAV) adopted a resolution from Greater Bendigo City Council to prepare a

comprehensive submission to the upcoming Federal Government review of taxation.

The submission will advocate for change on a range of taxation issues impacting on

local government including, but not limited to:

Removal of the contributions tax on Defined Benefits Superannuation Liability

shortfalls.

Increased access to the Financial Assistance Grants to local government.

Councillors will recall the City of Greater Bendigo, along with all other local

authorities, was required to fund a shortfall in Defined Benefits Superannuation of

$10.3M, which included $1.546M of contributions tax payable to the Federal

Government.

Local authorities in Victoria were collectively required to contribute $533M, of which

$79.94M was contributions tax for this additional payment.

The resulting 15% Commonwealth superannuation contributions tax which applies to

any top up, has been viewed by Council as a windfall gain for the Federal

Government, as a result of the fund's investment performance. Additional calls on the

fund are caused by a lower than required interest generated on the fund, rather than

underfunding by contributing councils.

In addition, Councils are the recipients of Financial Assistance Grants (FAG) from the

Federal Government, which have increased by CPI annually. These are significant

untied grants which Councils rely upon for day to day operations. At the last Federal

budget, the government announced that the FAG would not be indexed for the next

three years, which effectively reduces the real value of the grant. In the case of the

City of Greater Bendigo, this amounts to approximately $1.8M less funding than

anticipated.

In line with the recommendation of the Review, the CoGB sought advice from various

quarters on ways it might reduce the burden of any future ‘top up calls’ from the

superannuation fund. Specialist advice to the City of Greater Bendigo and to the

Municipal Association of Victoria (MAV) indicated that the impending Commonwealth

review of taxation provided a significant opportunity to draw attention to taxation

impacts on local government.


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While it is expected Council will continue to play its part in seeking tax reform, the

success of the Greater Bendigo resolution means that the MAV will now make the

case for tax reform on behalf of local government.

2. The MAV has engaged a consultant to contact various Federal politicians and

bureaucrats to advise them of the contributions tax burden ahead of the taxation

review.

Any top up in defined benefits superannuation funds also impacts on council's

Workcover premium. However, the MAV is currently devising a workers

compensation scheme specifically for Local Government. If this new scheme is

implemented it will do away with the requirement that results in top up payments

impacting on workers compensation insurance premiums as a result of any top up

payments.

3. COGB has adopted a policy to hold up to $3M in a Reserve fund for the purposes

of future Defined Benefit calls. The policy states that council will allocate up to $1M

annually to the fund, up to a maximum of $3M. The fund will hold a total of $1.8M at

June 30, 2015.

It is therefore recommended that Council consider actions associated with this

recommendation as completed.

Recommendation 68 – Heathcote phone system

Consolidate the Bendigo and Heathcote Customer Support phone systems.

Action

This recommendation has been implemented in three phases:

1. Installation of the necessary new cabling and network infrastructure has been

fitted as part of the office renovations completed in the last week of November

2014.

2. Purchase of new phone handset compatible with the new system, completed in

November 2014.

3. Installation of new technology to link the Heathcote and Bendigo networks was

finalised in December and staff training undertaken in early January.

The changeover to an integrated phone system took place on 14 January 2015.

This completes the necessary actions associated with this recommendation.


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Notable progress on recommendations

Progress continues to be made on a number of recommendations, notably the following:

Recommendation 1 – Review implementation and information

Create and continually update an implementation strategy and Communications Plan

to address and action the recommendations of this Review.

Action

A community information forum on progress with implementation of the review has

been arranged for 5pm on 3 February at the Goldfield Library, Hargreaves St,

Bendigo.

A twelfth bulletin will be issued based on this report.


There are no resource issues arising directly from this report. Where recommendations have resource implications, steps are in place to ensure that any proposed new capital or operating expenditure arising from the recommendations is considered in the budget process for 2014-15. Upcoming briefings The following progress reports or further briefings for Councillors are scheduled:

4 February 2015 – Recommendation 8 – City Futures.

Conclusion The number of completed recommendations stands at 43; progress has been made on nearly all recommendations.

RECOMMENDATION

That Greater Bendigo City Council:

a) Acknowledge the report and completion of Recommendations 7, 21, 31 and 68 and progress on Recommendations.

b) Inform the community of this progress through the issue of a further Project Bulletin and the Community Forum on 3 February 2015.


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

CARRIED


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6.2 RECORD OF ASSEMBLIES


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

Summary/Purpose

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

Policy Context

Strong leadership to meet future needs and challenges; effective community engagement.


The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed. A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors (5) and a

member of Council staff; or 2. an advisory committee of the Council where one or more Councillors are present. The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.


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Report

Meeting Information

Meeting Name/Type

Councillors' Forum (Finance Committee)

Meeting Date 19 November 2014

Matters discussed 1. Chair of the Finance Committee 2. Grants Policy 3. Financial Management Report 4. Debtors 5. Rate debtors 6. Capital and Major Works report 7. Capital Works Delivery report 8. Budget Principles 9. Ten (10) year financial plan 10. Defined Benefits Liability 11. Local Government funding

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 Mark Weragoda Cr James Williams

Staff/ Community Representatives

Ms Marg Allan Mr Stan Liacos Ms Prue Mansfield Ms Pauline Gordon Mr Travis Harling Mr Richard Morrison Mr Peter Davies Mrs Alison Campbell Apologies Mr Craig Niemann Mr Darren Fuzzard

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil


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Meeting Information

Meeting Name/Type

Councillors' Forum (Governance Meeting)


Matters discussed 1. Improving Councillor Forums 2. Chairing of Committees and Strategy meetings 3. Confidentiality 4. Meeting with Marong Football Netball Club 5. Freedom of Information 6. Councillor Expenses 7. Response to Council resolutions 8. Tourism Board insurance coverage 9. Appointment of Trust Interim CEO

Attendees/Apologies



Ms Marg Allan Mr Stan Liacos Ms Prue Mansfield Ms Pauline Gordon Mr Peter Davies Mrs Alison Campbell


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Heritage Advisory Committee


Matters discussed 1. Annual Review of Terms of Reference 2. Demolition presentation for Real Estate Institute of Victoria 3. Planning Update: Amendment C201 New Heritage Places and Efficiency Review; Demolitions; Heritage Restoration Loan Scheme 4. Strategy Update: Vahland Centenary; Vahland Drinking Fountain; City Centre Heritage Study 2014 5. Anzac Centenary 2014 activities

Attendees/Apologies

Councillors Cr Peter Cox Cr Mark Weragoda


Mr Trevor Budge Dr Dannielle Orr/ Ms Helen Ashby Ms Elaine Doling Mr Peter Ellis Ms Kay MacGregor Mr Rod Spitty Mr Calum Walker Mr Darren Wright Apologies Ms Emma Bryant Ms Megan McDougall/ Mr David Bannear Mr Laurie Brown Mr Jordan Grenfell Dr Di Smith


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Audit Committee


Matters discussed 1. Reappointment of Graham Bastian for 3 years 2. Internal Audit Review schedule 3. Review of Audit Charter 4. Review of Audit Committee performance 5. Local Government Performance Reporting Framework 6. VAGO Final Management letter 7. Defined Benefits Superannuation update

Attendees/Apologies

Councillors Cr Barry Lyons Cr Rod Campbell


Ms Marg Allan Mr Travis Harling Mr John Salter Mrs Sharon Morrison Ms Nicole Ashby Ms Toni Lyon Ms Michelle McArthur/ Ms Kate Scarce Mr Graham Bastian Mr Ken Belfrage


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Councillors' Forum


Matters discussed 1. Business Plan for Aquatic Centre 2. Planning matters and draft Ordinary Meeting agenda 3. Engineering and Public Space presentation: Infrastructure Design Manual; Mitchell Street Bus Shelter 4. 90˚ parking in Hargreaves Street 5. Direct Action Climate Response funding 6. Election flyer 7. Wolstencroft Reserve 8. Potential breach of planning permit conditions 9. Deletion of car parks in Duncan Court 10. Long Gully Splash Park 11. Cat curfew 12. Council Plan discussion 13. City Futures report

Attendees/Apologies

Councillors Cr Peter Cox Cr Rod Campbell Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell Apologies Cr Mark Weragoda Cr James Williams


Mr Craig Niemann Mr Stan Liacos Ms Prue Mansfield Ms Pauline Gordon Mr Richard Morrison Mr Darren Fuzzard Mr Peter Davies Mrs Alison Campbell Apology Ms Marg Allan


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Councillors' Forum

Meeting Date 10 December 2014

Matters discussed 1. Valuation query 2. Commercial valuation 3. Planning service 4. Bendigo Stadium gaming machines 5. Chinese Museum 6. Legal fees 7. Confidential Section 89 Report 8. Animal control issue at Strathfieldsaye 9. Groundwater 10. Library 11. Community theatre landscape and external works 12. Meeting with Ministers and Department officers 13. Hospital development 14. Planning matters and draft Ordinary meeting agenda 15. Update on Hopley operations 16. Meeting with Public Transport Victoria 17. Marist Bros recreation development 18. Rosalind Park Master Plan 19. Aquatic Centre business case 20. Long-term Financial Plan 21. Independent Review report 22. Rosalind Park Car Park

Attendees/Apologies



Mr Craig Niemann Mr Stan Liacos Ms Prue Mansfield Ms Pauline Gordon Ms Marg Allan Mr Darren Fuzzard Mr Peter Davies Mrs Alison Campbell


Matter No.


Nil


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RECOMMENDATION

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

RESOLUTION Moved Cr Campbell, Seconded Cr Fyffe. That the recommendations contained in the Leadership and Good Governance Report numbered 6.2 (Record of Assemblies) and 6.3 (Contracts Awarded Under Delegation) be adopted.

CARRIED


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6.3 CONTRACTS AWARDED UNDER DELEGATION


Author Leeanne Taig, Administration Assistant, Project Coordination Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

The purpose of this report is to provide information on contracts recently awarded under delegation.

Policy Context

Delivery of programs, projects and services that respond to community needs.

Report

RECOMMENDATION

That the contracts award under delegation, as outlined in this report, be acknowledged by Council.

(recommendation adopted - refer to page 94)

Contract No Project Successful Contractor

Value (GST Excl)

Delegated Officer

Date Signed

CT000156 Maintenance Work at Various Pools

Farley Pools Australia 75,234.00 Richard Morrison 17/11/2014

CT000167

Construction of Allingham and Ham Street Intersection Works

Avard Civil Pty Ltd 361,629.00 Darren Fuzzard 16/11/2014


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7. URGENT BUSINESS

Nil.

8. NOTICES OF MOTION

Nil. 9. COUNCILLORS' REPORTS

Cr Weragoda reported on his attendance at the opening of the Long Gully Splash Park; the launch of the Country Cricket Championships; the tour of Ulumbarra Theatre, the launch of Scots Day Out; consultation meetings and listening posts and advised he was looking forward to the upcoming Australia Day events. Cr Chapman reported on the recent flooding events and meeting with residents regarding their concerns; her attendance at Scots Day Out, the opening of the Long Gully Splash Park and the upcoming Australia Day events. Cr Campbell reported on his attendance at the reception for the Commonwealth Bank Country Cricket Championships; the launch of the Scots Day Out. Cr Campbell also reported on queries he had received from residents and congratulated Danielle Snowdon and Penelope Davies on being City of Greater Bendigo 2015 Young Citizen and Citizen of the Year. Cr Fyffe reported on his attendance the Scots Day Out; the reception for the Commonwealth Bank Country Cricket Championships; the Karen New Year Celebrations and his response to resident requests. Cr Ruffell promoted the Australia Day event being held at Lake Weeroona commencing at 10.30am and the evening celebrations at Huntly commencing at 6.30pm. Cr Lyons reported on his attendance at the launch of the Long Gully Splash Park, the community Christmas lunch and the launch of Scots Day Out. Cr Lyons reported on the recent flooding event and promoted the Kangaroo Flat Australia Day celebrations being held at Dower Park commencing at 8.00am Cr Leach reported on her attendance at the Scots Day Out on 15 January in Rosalind Park; a recent Listening Post that she held in Heathcote; her attendance at the Country Cricket Championships; meetings to discuss Barrack Reserve, Strathfieldsaye Community Hub and water safety.


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10. MAYOR'S REPORT

His Worship the Mayor, Cr Peter Cox, reported on his attendance at the following meetings and events:

Official announcement of the International Squash Tournament to be held in Bendigo

Attended Regional Cities Victoria meeting and End of Year Dinner

Attended the City of Greater Bendigo Depot Christmas Luncheon with staff

Attended the Long Gully Splash Park Launch Sizzle

Attended the Councillors and Executives Christmas Dinner

Attended the Karen New Year Celebrations as guest speaker

Officiated at the Rotary Community Carols in Rosalind Park

Attended Senator Bridget McKenzie’s Christmas Drinks

Attended the Bendigo Community Christmas Luncheon at the All Seasons to officially welcome attendees

Attended the People Matter Community Launch at Eaglehawk

Attended the Commonwealth Bank Australian Country Cricket Championships Reception

Attended National Country Cricket match at Eaglehawk

Joined Crime Stoppers Victoria for the launch of their Bushfire Arson Campaign

Attended Sebastian Community meeting with VicRoads

Provided official welcome to delegates to the Paramedicine Conference in Bendigo

Participated in media conference on Bendigo’s flood event

Presented with contribution of $25,000 from Epsom Soccer Club for lighting project

Announced City of Greater Bendigo’s 2015 Citizen and Young Citizen of the Year

Recorded Pointy End with Keith Sutherland

Attended the Petstock Bendigo Pacing Cup

Attended Carlton Mid Series One Day International Australia V India in Melbourne

Attended meetings to prepare for visit to East Timor and Bendigo Job Expo

Met with Ironbark Gully Friends Committee

Participated in numerous radio, newspaper and television media interviews.

Met with many residents affected by the flood incident on 9 January

Met with many residents on request issues

Cr Cox thanked those Councillors who represented the Mayor at events he could not attend.


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11. ACTING CHIEF EXECUTIVE OFFICER'S REPORT

The Acting Chief Executive Officer reported on the following matters;

Work of Emergency Services and staff in responding to the storm event;

Acknowledgement of the Citizen and Young Citizen of the Year;

The Citizenship Ceremony to be held on Australia Day;

Support from the Mayor and staff in the absence of the CEO.


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12. CONFIDENTIAL (SECTION 89) REPORTS

12.1 Contractual Matter RECOMMENDATION That the meeting be closed to the public to consider a report in accordance with Section 89(2)(a) and (d) of the Local Government 1989, as amended, relating to a personnel and contractual matter. RESOLUTION Moved Cr Campbell, Seconded Cr Lyons. That the recommendation be adopted.

CARRIED

There being no further business, the meeting closed at 7:40pm.

Confirmed: 11 February 2015 Chairman