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AGENDA

FOR THE ORDINARY MEETING OF COUNCIL TO BE HELD ON

TUESDAY 25 AUGUST 2015 COMMENCING AT 7.30 PM IN THE

COUNCIL CHAMBER, MOUNT ALEXANDER SHIRE CIVIC CENTRE

CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.

Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 25 August 2015 of 80

TABLE OF CONTENTS

1. PRESENT 4

2. APOLOGIES 4

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4

4. MINUTES 4

4.1. ORDINARY MEETING OF COUNCIL – 11 AUGUST 2015 4

5. PUBLIC QUESTION TIME 5

6. PETITIONS AND JOINT LETTERS 5

7. COMMITTEE REPORTS 5

7.1. HERITAGE ADVISORY COMMITTEE 5

8. ASSEMBLIES OF COUNCILLORS 9

8.1. ASSEMBLIES ON 4 AUGUST (1.00 PM), 4 AUGUST (2.00 PM) AND 11 AUGUST 2015. 9

9. OFFICER REPORTS 17

9.1. A VIBRANT HEALTHY COMMUNITY (VIB) 17 VIB 07 ADOPTION OF ARTS STRATEGY ACTION PLAN 2015 – 2017 17

9.2. BETTER COMMUNITY FACILITIES (BET) 32 NO REPORTS. 32

9.3. A THRIVING LOCAL ECONOMY (ECO) 33 ECO 18 PLANNING PERMIT APPLICATION 275/2014 – FIVE LOT STAGED

SUBDIVISION, DEVELOPMENT OF FOUR DWELLINGS AND WORKS ASSOCIATED WITH SITE DEVELOPMENT AT CROWN ALLOTMENT 4B, SECTION 28, PARISH OF ELPHINSTONE, 20 GILBERT STREET ELPHINSTONE. 33

ECO 19 APPLICATION TO AMEND PLANNING PERMIT PA173/2010 – 45 EAST METCALFE-LANGLEY ROAD, LANGLEY (CA 19B, PARISH OF LANGLEY) 57

9.4. BUILDING SUSTAINABLE COMMUNITIES (COM) 68 COM 38 EXTENSION OF CONTRACT M819-2011 MANAGEMENT AND

OPERATION OF OUTDOOR POOLS – BENDIGO REGIONAL YMCA 68 COM 39 AWARDING OF CONTRACT M1174-2015 FOR BRIDGE

REPLACEMENT – BRIDGE NO. RD0032647, SCHOOL ROAD BARFOLD 72

COM 40 AWARDING OF CONTRACT M1187-2015 FOR SUPPLY AND INSTALLATION OF SPORTS LIGHTING AT CAMP RESERVE, CASTLEMAINE AND NEWSTEAD RECREATION RESERVE 75

18. DELEGATES REPORTS 80

19. NOTICE OF MOTION 80


20. URGENT SPECIAL BUSINESS 80

21. MEETING CLOSE 80

SEPARATE ATTACHMENTS: Confidential Attachment COM 39A: Tender Evaluation Report, Contract M1174-2015 for Design and Construction for Bridge

Replacement - Bridge BR0032647, School Road, Barfold. Confidential Attachment COM 40A: Tender Evaluation Report, Contract M1187- 2015 Supply and Installation of Sports Lighting

at Camp Reserve, Castlemaine and Newstead Recreation Reserve.


ACKNOWLEDGEMENT OF COUNTRY

To start the official proceedings I would like to acknowledge that we are meeting on Jaara country

of which the members and elders of the Jaara Jaara community and their forebears have been custodians for many centuries

and have performed age old ceremonies of celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region.

1. PRESENT

2. APOLOGIES

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL – 11 AUGUST 2015

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 7.30 pm on 11 August 2015 at the Mount Alexander Shire Civic Centre have been circulated to Councillors. The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council held on 11 August 2015 be confirmed.


5. PUBLIC QUESTION TIME

6. PETITIONS AND JOINT LETTERS

7. COMMITTEE REPORTS

7.1. HERITAGE ADVISORY COMMITTEE

The unconfirmed Minutes of the Heritage Advisory Committee meeting held on 15 July 2015 are at Attachment 7.1.

RECOMMENDATION

That the unconfirmed Minutes of the Goldfields Regional Library Corporation Board meeting be noted.


8. ASSEMBLIES OF COUNCILLORS

8.1. ASSEMBLIES ON 4 AUGUST (1.00 PM), 4 AUGUST (2.00 PM) AND 11 AUGUST 2015.

RECOMMENDATION

That the Records for the Assemblies of Councillors on 4 August at 1.00 pm, 4 August at 2.00 pm and 11 August 2015 be entered into the record of this meeting (Attachments 8.1, 8.2 and 8.3).


9. OFFICER REPORTS

9.1. A VIBRANT HEALTHY COMMUNITY (VIB)

VIB 07 ADOPTION OF ARTS STRATEGY ACTION PLAN 2015 – 2017

Responsible Director: Director Sustainable Communities Responsible Officer: Cultural Development Officer Original Document: DOC/15/29669

1. Purpose

The purpose of this report is to present the Arts Strategy Action Plan 2015 – 2017 to Council for adoption.

Refer to:

Attachment VIB 07A: Arts Strategy Discussion Paper, May 2015. Attachment VIB 07B: Arts Strategy Action Plan 2015 – 2017.

2. Background

At the Ordinary Meeting of Council 10 May 2011, Council adopted the Arts Strategy 2011 – 2015.

The Strategy and its objectives, focuses on the following three goals:

1. Valuing the vibrant arts and cultural sector’s contribution to the Shire; 2. Nurturing the sustained growth of arts and cultural industries; and 3. Celebrating and promoting cultural activity in the Shire.

Since its adoption in 2011, the Strategy has achieved a number of outcomes and supported the delivery of programs by Council and other partner organisations. The Strategy was scheduled for review in 2014/2015 and this process was completed in May 2015.

In 2014, the Cultural Development Network released the Cultural Planning Framework, with the support of the Municipal Association of Victoria and Arts Victoria.

The Framework is a tool for Local Government to integrate and strengthen cultural planning practices across the sector and align with Council Plan cycles. The Framework also uses program logic and an evidence base for developing outcomes as well as prioritising evaluation.

3. Policy and Statutory Implications

The Arts Strategy Action Plan 2015 - 2017 aligns strongly with the following Council priorities and actions:

• The Council Plan 2013 – 2017 includes the objective to ‘Encourage a vibrant community that promotes participation in the arts and an appreciation of our cultural heritage’;

• The Public Health and Wellbeing Plan 2013 – 2017, Objective 2.2 aims to

‘support opportunities for people to create and participate in arts and culture’; and


• The Economic Development Strategy 2013 – 2017, Objective 3.5 aims to ‘enhance business and enterprise development opportunities for local arts and culture organisations and individuals in order to attract new markets’; and ‘Support volunteer committees involved in the arts and cultural events to develop the necessary skills and resources to ensure events are viable and sustainable’.

4. Issues

A review of the Arts Strategy 2011 – 2015 was undertaken to identify outcomes, expenditure and achievements from the Strategy’s implementation. The Arts Strategy Discussion Paper (see Attachment VIB 07A) provides a detailed outline of the review process undertaken and its findings.

The review also identified challenges, outstanding actions and opportunities which have contributed to the development of the Arts Strategy Action Plan 2015 - 2017 (see Attachment VIB 07B).

The Action Plan will continue the delivery of the Strategy’s strategic goals and enable the development of a new Arts and Culture Strategy in 2017. This allows the Strategy to be aligned with Council’s overall planning cycle (including the Council Plan) and the State-wide Cultural Framework, as recommended by the Cultural Development Network.

Consistent with the Arts Strategy 2011 – 2015, the Action Plan provides the following objectives and actions for each of its three strategic goals:

Goal 1: Valuing the vibrant arts and cultural sector’s contribution to the Shire.

• Benchmarking to track progress and evaluate the contribution and impact of the art and culture sector to the community;

• Valuing the arts and culture sector; and • Encourage broad participation in arts and cultural activities.

Goal 2: Nurturing the sustained growth of arts and cultural industries

• Encourage greater conversations and information sharing opportunities between Council and the arts and cultural community;

• Promote the use of cultural spaces within the Shire to increase opportunities for the creation and experience of arts and culture; and

• Foster the economic growth of the arts and cultural sector.

Goal 3: Celebrating and promoting cultural activity in Mount Alexander Shire

• Increase collaboration between event organisers and Council to support the development of arts and culture activities within the Shire in a sustainable manner;

• Develop and deliver projects which promote and celebrate cultural activity; and

• Invigorate and activate public spaces through a public places arts program.

5. Financial and Resource Implications

The Arts Strategy Action Plan 2015 - 2017 will be primarily delivered within existing resources. Further project implementation support beyond this would be considered through a specific budget submission or identified through external funding opportunities.


6. Consultation

The development of the Arts Strategy Action Plan 2015 - 2017 involved extensive consultation with key stakeholders via focus groups and interviews.

A forum was held early 2015 to gain feedback on the Action Plan from the broader community. The forum was attended by 70 people representing key arts organisations, artists and interested individuals from across the Shire.

Priorities raised by participants included:

• Arts and culture spaces; • Art in public places; • Shared marketing and promotion opportunities; • Professional development needs; • Partnership opportunities between arts and business; and • Measuring the economic impact of the arts and culture sector.

Issues identified through the consultation process have been reflected in the Action Plan, and assisted with the development of its key priorities.

7. Conclusion

Since its adoption in 2011, the Arts Strategy 2011 - 2015 has achieved significant outcomes and supported the delivery of programs by Council and other partner organisations. The Strategy has undergone a recent review process and this has identified challenges, outstanding actions and opportunities which have informed the development of the Arts Strategy Action Plan 2015 - 2017. The Action Plan will act as an interim document that will continue the delivery of the Strategy’s strategic goals and enable the development of a new Arts and Culture Strategy in 2017 to align with Council's overall planning cycle and the state wide Cultural Framework.

RECOMMENDATION

That Council adopt the Arts Strategy Action Plan 2015 – 2017.


9.2. BETTER COMMUNITY FACILITIES (BET)

NO REPORTS.


9.3. A THRIVING LOCAL ECONOMY (ECO)

ECO 18 PLANNING PERMIT APPLICATION 275/2014 – FIVE LOT STAGED SUBDIVISION, DEVELOPMENT OF FOUR DWELLINGS AND WORKS ASSOCIATED WITH SITE DEVELOPMENT AT CROWN ALLOTMENT 4B, SECTION 28, PARISH OF ELPHINSTONE, 20 GILBERT STREET ELPHINSTONE.

Responsible Director: Director Sustainable Development Responsible Officer: Town Planner Original Document: DOC/15/27380

1. Purpose

The purpose of this report is to enable Council to make a determination on a planning permit application for a five lot staged subdivision, development of four dwellings and works associated with site development. The application has been referred to Council for a decision as there are five objections to the proposal.

Refer to:

Attachment ECO 18A: Context and Site Aerial Map for Planning Permit Application PA 275-2014.

Attachment ECO 18B: Plans submitted with Application.

2. Background

The application was lodged on 5 November 2014 and proposes a five lot staged subdivision, development of four dwellings and works associated with site development.

Subject site

The subject site is located to the south west of the town centre of Elphinstone, approximately 210 metres from the primary school, 400 metres from the hotel and 570 metres from the post office.

The site is situated in the Township Zone and covered by a Bushfire Management Overlay and an Environmental Significance Overlay, Schedule 1 – Lake Eppalock Catchment. The Township Zone extends beyond the subject site for 165 metres to the west, 370 metres to the south, 325 metres to the north and 506 metres to the east, where the land becomes Farming Zone in all directions.

The site is rectangular with the north-east corner excised. It has road frontages of 101 metres to Gilbert Street to the north and 140 metres to Read Street to the east. The southern-most boundary measures 247 metres and the western most boundary is 270 metres in length. The site covers an area of 5.548 hectares.

The land is gently undulating across the site, generally declining from the northwest, southwest and southeast corners to a swale running through the property to the northeast corner.

A dwelling is developed to the west of the site, setback approximately 85 metres from the front title boundary on Gilbert Street. There is a small dam 65 metres to the rear of the dwelling. Vehicle access to the dwelling is via the unmade but all weather Gilbert Street.


The site has been cleared of most vegetation; some regrowth Eucalypts remain along the south boundary and two Eucalypts of significance along the east boundary.

Surrounds

The subject site sits between more typical suburban sized lots of 1000 – 2000 square metres.

Between the town centre and to the east of the subject site lots are generally subdivided into an area of 4000 – 6300 square metres. Most lots in this neighbourhood are developed with a single dwelling.

Further from the town, to the west and south of the subject site lots are larger with an area of between 15000 – 40000 square metres. The four immediately adjoining properties are each developed with a dwelling.

The property over Gilbert Street to the north is 3000 square metres and has planning approval for the development of a dwelling.

The Coliban Main Channel runs through the Coliban Water owned and managed parcel of land adjoining the subject site to the north-east.

Proposal

The application proposes the subdivision of the land into five lots and development of four dwellings on the newly created lots. Four lots will measure approximately 6000 – 6650m² and the balance lot of 33035m² which will contain the existing dwelling.

Planning permission is required for subdivision of the land under the provisions of the Township Zone and the Environmental Significance Overlay and the Bushfire Management Overlay. Planning permission is required for development of the dwellings on the newly created lots under the provisions of the Environmental Significance Overlay and the Bushfire Management Overlay.


State Planning Policy Framework (SPPF)

Clause 11.02-1 Supply of urban land

The objective of this Clause is to ensure an adequate supply of land for residential and other purposes for future population predictions. It is recommended that planning consider opportunities for the consolidation, redevelopment and intensification of existing urban areas within the limits of neighbourhood character and landscape considerations, land capability and natural hazards and environmental quality and service limitations and the costs of providing infrastructure.

Clause 14.02-1 Catchment planning and management

This Clause seeks to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment to ensure the continued availability of clean, high-quality drinking water.

Strategies to achieve this goal include:

• Undertake measures to minimise the quantity and retard the flow of stormwater runoff from developed areas;


• Encourage measures to filter sediment and wastes from stormwater prior to its discharge into waterways, including the preservation of floodplain or other land for wetlands and retention basins;

• Ensure that works at or near waterways provide for the protection and enhancement of the environmental qualities of waterways and their instream uses;

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

• Require the use of appropriate measures to restrict sediment discharges from construction sites; and

• Planning must consider as relevant the reference document Guidelines for planning permit applications in open, potable water supply catchment areas (Department of Planning and Community Development , 2009).

Clause 14.02-3 Water quality

The objective of this Clause is to protect water quality.

Relevant strategies to achieve this aim include:

• 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; and

• Prevent the establishment of incompatible land uses in aquifer recharge or saline discharge areas and in potable water catchments.

Clause15.01-1 Urban design

The objective of this Clause is to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

Strategies to support this objective include:

• Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate; and

• Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals.

Clause 16.01-1 Integrated housing

This Clause seeks to promote a housing market that meets community needs, in part by increasing the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land.

Clause 16.01-2 Location of residential development

The objective of this Clause is to locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport. Of particular relevance is the strategy to ensure an adequate supply of redevelopment opportunities within the established urban area to reduce the pressure for fringe development.


Municipal Strategic Statement (MSS)

The Municipal Strategic Statement (MSS) sets out the strategic planning, land use and development objectives and future directions for the Shire, and the strategies and actions for addressing key issues to achieve stated objectives.

It provides the strategic basis for the application of the zones, overlays and particular provisions in the planning scheme and decision making by the responsible authority.

21.03 Municipal vision and framework plan

The land use planning and development vision for Mount Alexander Shire will be achieved by a range of strategies, of particular relevance is the strategy of consolidation of urban growth to maximise infrastructure and reduce environmental impacts.

The shire’s strategic framework is illustrated by Plans 1 through 8:

Plan 2: Mount Alexander Urban Living Strategy (Cluster, connect and consolidation) shows the subject site as within the identified area for urban expansion.

It also estimates the need for the number of households within Elphinstone to be increased from 110 in 2011 to 230 by 2021.

Plan 8: Elphinstone Framework Plan indicates 30 individual lots for residential infill of existing street grid.

21.04-1 Management of urban growth

The strategic foundation of Mount Alexander Urban Living Strategy is a growth management model called “Cluster Connect and Calder Corridor” (CCCC). This clause recognises the need to accommodate future population growth within the Shire, however requires this must be balanced against the protection of built and cultural heritage, townscape, natural environment and lifestyle qualities that are valued by the community.

• Balanced development building on the Shire’s existing settlement pattern with a regional urban focus on Castlemaine; and

• Planned growth of Calder Corridor towns (Harcourt, Taradale, and Elphinstone).

It is of relevance that these strategies are based on the eventual provision of reticulated sewerage to Elphinstone. Local Planning Policy Framework (LPPF)

Clause 20.02 Operation of the Local Planning Policies

Local Planning Policies are tools used to implement the objectives and strategies of the Municipal Strategic Statement.

A Local Planning Policy (LPP) is a policy statement of intent or expectation. It states what the responsible authority will do in specified circumstances or the responsible authority’s expectation of what should happen. The LPP gives the responsible authority an opportunity to state its view of a planning issue and its intentions for an area. An LPP provides guidance to decision making on a day to day basis. It can help the community to understand how the responsible authority will consider a proposal. The consistent application of policy over time should achieve a desired outcome.


Before making decisions about permit applications, planning and responsible authorities must take the LPPs into account. Clause 22.09 Elphinstone

This rural community has developed into a commuter town, a trend which is likely to continue. Population growth will be limited due to lack of services, especially infrastructure and sewerage.

It is policy that:

• Residential development is provided for within the township boundary and has been based on existing small lots and houses, the need to contain the town to allow easier and more economical sewerage connections, the ability to supply reticulated water; and the ‘boundary’ created by the Calder Highway;

• Residential development densities take into account effluent disposal limitations and ultimate provision of sewerage services;

• Future township expansion to the area west of Read Street is investigated; and

• In the absence of reticulated sewerage, proposals for residential development must satisfy the requirements of a land capability assessment prepared in accordance with the Septic Tanks Code of Practice.

Clause 22.21 Water Supply and Catchment Area

The objectives of this clause seek to ensure the protection and maintenance of water quality and water quantity within the Water Supply Catchment Area through the protection of creek banks and streams and prevention of polluted runoff into waterways.

Clause 22.26 Residential Infrastructure

This policy seeks to manage future growth. Objectives seek to ensure that all existing and future forms of residential development is serviced with reticulated sewerage when available and practical, water, electricity and other services and to ensure that development is located within or abutting the existing urban areas and does not prejudice the further development of the town. It is policy that new development is focused in and around the Shire’s townships providing an opportunity to expand and improve upon the current level of amenity and services provided within these communities.

Clause 22.30 Building Lines and Height

This policy applies to use and development in specific zones as set out in the table to this clause. Of relevance is the desire to maintain adequate separation of different uses to maintain amenity, and provide attenuation for off-site effects if necessary. It is policy that in considering applications for use or development, the responsible authority should have regard to the effect of the proposed building on the amenity of the area and any impacts on streetscapes.

For the Township Zone it is recommended that setbacks from a minor road be 4.5 metres from a minor roadway and 100 metres from a watercourse. It is policy that any reduction in setbacks will depend on the streetscape of the neighbourhood and the location of adjacent dwellings and buildings, the design of the building and any proposed landscaping of the site.


Maximum height for buildings in the Township Zone is recommended as 10 metres.

Zoning

Township Zone

Planning permission is required for the subdivision under the provisions of the zone.

The purpose of the Township Zone is to provide for residential development and a range of commercial, industrial and other uses in small towns, and to encourage residential development that respects the neighbourhood character.

Under the provisions of the TZ a planning permit is required for the subdivision of land. All development must be assessed against the decision guidelines of the TZ, the Responsible Authority must consider the State Planning Policy Framework and the Local Planning Policy Framework including the MSS and local policies and also the objectives and standards of Clause 56.

Overlays

Environmental Significance Overlay (ESO), Schedule 1 – Lake Eppalock Catchment

Planning permission is required for the subdivision and construction of the dwellings under the provisions of this overlay.

The purpose of the ESO is to identify areas where the development of land may be affected by environmental constraints and to ensure that development is compatible with identified environmental values.

The environmental objective to be achieved under the Lake Eppalock Catchment is to ensure the protection and maintenance of water quality and water yield within the Eppalock Water Supply Catchment Area as listed under Section 5 of the Catchment and Land Protection Act 1994.

Bushfire Management Overlay

Planning permission is required for the subdivision and construction of the dwellings under the provisions of this overlay.

The purpose of this overlay is: • To ensure that the development of land prioritises the protection of human life

and strengthens community resilience to bushfire; • To identify areas where the bushfire hazard warrants bushfire protection

measures to be implemented; and • To ensure development is only permitted where the risk to life and property

from bushfire can be reduced to an acceptable level.

Particular provisions

Clause 52.01 Public Open Space

A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or


commercial purposes, or a percentage of the site value of such land, or a combination of both). The planning scheme does not specify an amount; Section 18 of the Subdivision Act 1988 specifies an amount of 5% can be charged. Given the low number of lots proposed it is considered 3% is a sufficient amount to contribute to public open space. Clause 56 Residential subdivision

An application to subdivide land in the Township Zone must meet the relevant Objectives and Standards of Clause 56. The purpose of this clause is to create liveable and sustainable neighbourhoods and urban places with character and identity and to achieve residential subdivision outcomes that appropriately respond to the site and its context for.

An application to subdivide land:

• Must be accompanied by a site and context description and a design response;

• Must meet all of the objectives included in the clauses specified in the zone; and

• Should meet all of the standards included in the clauses specified in the zone.

Standards relate to matters such as policy implementation, liveable and sustainable communities, residential lot design, urban landscapes, access and mobility management, integrated water management, site management and utilities.

4. Issues

Does the proposal have policy support within the Mount Alexander Planning Scheme?

The proposal is generally supported by the Township Zone and policy within the Mount Alexander Planning Scheme, which recognises the need to accommodate future populations, and actively encourages urban consolidation and infill development within existing urban areas.

Whilst the planning scheme offers general support for a subdivision in this location, the proposed lot layout and location of Lot 5 is not considered to be appropriate in the neighbourhood context. This is discussed further in the Neighbourhood Character section below.

Policy requires development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

Neighbourhood character

The purpose of the Township Zone and the provisions of Clause 56 require that a design response derives from and is complementary to the site context and existing neighbourhood character.

The proposed lot sizes are generally an appropriate response to subdivision of unsewered land in the Township Zone, and especially at this transitional location.


The proposed lots offer a gradual increase of lot slot sizes from the town centre extending outwards to the larger again lots at the periphery of the Township Zone.

Development of the proposed lots is also constrained by the need to provide defendable space around each proposed dwelling which will ensure an open space feel between new lots.

Whilst the planning scheme provides general support for some level of subdivision in this area, proposed Lot 5 is not considered an appropriate response to the existing pattern of development in the locality. The existing locality displays a character of regular sized allotments with appropriate access from a road. Lot 5 is not of regular layout being a battle axe lot with no appropriate street frontage, as is typically found in this area.

Lot 5 would require access via a driveway in excess of 200 metres in length which is considered to be an inappropriate response to the site and locality. This length of driveway would also result in a very high level of maintenance for the Lot owner and is a long driveway for any emergency egress.

The position of Lot 5 would also result in potential ongoing conflict between the use of the larger lot for some form of farming and the smaller township lot proposed. The larger lot would effectively be surrounded by smaller lots with the conflict that small and large lots together often brings.

It is not possible in this instance to re-configure the lot layout of the site to place proposed Lot 5 adjacent to proposed lots 3 and 4 on the eastern side of the site with access from McCrae Street.

This is due to the location of a drainage line which runs north - south through the site. In addition, due to the combination of the topography of the site and the location of the drainage line results, the site is not able to treat three effluent envelopes on the eastern side of the site.

A permit condition will require the deletion of this lot.

Site constraints and opportunities

A constraint on the subdivision and development of the subject site is that reticulated sewerage is not provided to Elphinstone and that the site is located within the Lake Eppalock Special Water Supply Catchment Area.

The ministerial guideline “Planning permit applications in open potable water

supply catchment areas” (the Guidelines) is a reference document in the planning scheme that applies to all open potable water supply catchments declared to be special water supply catchment areas under Division 2 of Part 4 of the Catchment and Land Protection Act 1994, and is relevant to the subject site.

Guideline 1 of the guidelines states the density of dwellings should be no greater than dwelling per 40 hectares and that each newly subdivided lot should be 40 hectares or more.

The guidelines state that the water corporation can consider a higher density of development than would otherwise be permitted by Guideline 1 where the relevant Council has prepared, adopted and is implementing a Domestic Wastewater Management Plan (DWMP) according to certain criteria.

Mount Alexander Shire Council has a DWMP; however it does not cover all the requirements of the guidelines. Council’s Environmental Health Unit has been,


and is continuing to work closely with relevant water corporations, to upgrade the DWMP to a satisfactory standard.

The current density of development within Mount Alexander Shire within the Eppalock Water Supply Catchment Area is approximately 1 dwelling per 67 hectares. Approximately 450 more houses could be built within this area before the density of development exceeds 1 in 40 hectares. The application was referred to Goulburn Murray Water (GMW), who has no objection to the proposal.

A further constraint is the Bushfire Management Overlay that affects the property and surrounding area. A Bushfire Management Statement addressing the requirements of the BMO and Clause 52.47 was submitted with the application. Preliminary assessment by the Country Fire Authority determined greater detail was required to be provided regarding the provision of defendable space to all proposed lots. Subsequent assessment has determined that all requirements can be met for the protection of property and life against bushfire attack.

The subject site provides the opportunity for subdivision because it is located within the Township Zone, within existing residential development and has connection to most other services and is accessed by all-weather roadways. There is a consistent iteration of policy within the planning scheme to support infill development within existing urban areas to reduce the pressure for fringe development.

Consistency with township boundary and settlement policies

Elphinstone is recognised as a commuter town which would experience significant population increase if reticulated sewerage were connected. However it is unlikely this service will be offered in the short term and population growth within the Township Zone is limited. Of particular relevance is the intent to contain residential development to within the township boundary to assist with the provision of sewerage services later.

Land supply and demand

Policy within the planning scheme requires that Council plans to accommodate projected population growth over at least a 15 year period. Policy also indicates a strong preference for intensification of development within existing urban areas rather than expanding the urban area.

The strategic framework plan specific to Elphinstone identifies 30 lots for infill residential development. Of these 30 lots, 2 of these lots are Crown land, 14 have already been developed with dwellings. The remaining 14 lots each measure only 1000m². Due to the absence of reticulated sewerage within Elphinstone lots would need to be consolidated to be suitable for development. It is likely the remaining 14 lots could provide land for 6 more dwellings at the most.

Is the proposal acceptable in terms of impacts on neighbouring properties and the environment?

Off-site impacts - visual

It is acknowledged that development of the proposed sites will be somewhat visible from neighbouring properties and could be considered impactful by neighbours who have until now enjoyed the benefit of the borrowed view over the applicants landholding.


There will however be only two new dwellings that might immediately impact on each neighbour and they could be over 50 metres distant from existing dwellings.

The proposed lots are generously sized at over 6000m² and offer an appropriate transition between the smaller lots to the east and larger lots to the west.

Off-site impacts - traffic

The proposed subdivision layout allows for two extra lots to be created on each of Gilbert and Read Streets. It is assumed that 10 extra vehicle movements per day will be generated from each new lot. Gilbert Street currently provides vehicle access to at least 25 properties beyond the subject site, an increase of 20 vehicle movement per day is an inconsequential amount.

Read Street currently provides vehicle access to 15 other properties; traffic generated from 2 extra lots will not have a significant impact on the use of the road.

The potential impact on neighbouring properties is considered considerably less than might be assumed within the Township Zone.

Catchment Management

Addressed above under site constraints.

Clause 56 Residential subdivision

The design response submitted with the application shows how the proposed development responds to the site and context of the neighbourhood. The proposed subdivision will provide for further residential development at a density that respects the surrounding neighbourhood character by offering lots that are comparable to existing lots in the area and offer a transition from the denser development to the east and greater lot sizes to the west. As noted above, whilst the general principle of a greater dwelling density is supported in this location, proposed Lot 5 is not considered to be an appropriate outcome in relation to the existing locality in terms of access and lot layout.

The site is within the urban boundary and particularly identified for future redevelopment opportunities. It is a comfortable walking distance to the town and many community facilities.

It is considered the application proposes a suitable outcome to meet community needs.

Outstanding objections to the application

Following advertisement of the application in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987, five (5) objections were received. Objections are summarised as follows, followed by an Officer response:

Existing infrastructure is inadequate for increased usage. This concern is addressed above under off-site impacts – traffic. Potential pollution of waterways from septic systems. Assessment by Council’s Environmental Health Officers, Goulburn-Murray Water and Coliban Water have determined that all requirements of the relevant


Environmental Protection Authority (EPA) guidelines for the installation of septic tank systems and the control of stormwater and runoff can be met for each proposed lot. Impacts on neighbouring properties This concern is addressed in previous section under off-site impacts. There is not a need for more land supply in Elphinstone. Addressed in previous section under land supply and demand. Future development will have a negative impact on the value of existing real estate in the area. This contention is offered by way of objection for many planning permit applications, however there has never been a before and after valuation presented in support. The proposal is inconsistent with the existing neighbourhood character.

Addressed above.

Further development and traffic in the area will cause increased danger during an emergency such as bushfire. CFA has assessed the proposal and is satisfied appropriate measures can be implemented to reduce the risk to life and property from bushfire. It is likely the proposed dwellings will have greater bushfire protection measures in place than do existing dwellings constructed before more stringent controls. The proposal does not accord with future strategic planning for Elphinstone.

As addressed above, the proposal accords with relevant policy prioritising residential infill development within existing urban areas over expanding development beyond the fringe. The proposal will have negative impacts on the flora and fauna of the natural environment, especially as Elphinstone is well known for its diverse flora and fauna which attracts visitors to the area.

The subject site currently provides grazing for kangaroos, however it is not particularly endowed with any significant flora. Vegetation along roadways and bushland surrounding Elphinstone is more likely to provide the habitat mentioned in this objection.


Cost of potential appeal to the Victorian Civil and Administrative Tribunal.

6. Consultation

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987 to owners and occupiers of adjoining land and. A sign was also placed on-site. At the conclusion of the notice period, objections had been submitted by five persons.


Applicant-objector communication

A formal applicant/objector meeting was held 11 May 2015. Three objectors attended and the two objectors who could not attend gave permission for their concerns to be upheld by one of the attendees.

No objections were withdrawn as a result of this meeting.

External Referrals

• Coliban Water – no objections subject to conditions • Powercor – no objections subject to conditions • Country Fire Authority – no objections subject to conditions • Goulburn-Murray Water – no objections subject to conditions

Internal Referrals

• Environmental Health Unit - no objections subject to conditions • Infrastructure Unit - no objections subject to conditions

7. Conclusion

Council has received an application for a five lot staged subdivision, development of four dwellings and works associated with site development.

As discussed in previous sections of this reports, the layout and location of proposed Lot 5 is not considered appropriate. The site is constrained by the need to provide defendable space for bushfire protection, retain an open feel to the area and also provide appropriate areas to treat effluent waste on the site.

Due to the location of a drainage line through the middle of the site and also the topography of the site, it is not possible to locate three effluent areas to the eastern side of the site, which would be the preferable location for Lot 5 which would also allow vehicle access from McCrae Street.

The proposed layout and location of Lot 5 is not considered to be appropriate in the neighbourhood context. Lots in the township area display generally regular sizing with appropriate access from a road. A condition will require amended plans to be submitted showing the deletion of proposed Lot 5.

The site is situated in the Township Zone and covered by an Environmental Significance Overlay, Schedule 1 – Lake Eppalock Catchment and a Bushfire Management Overlay.

Five objections have been receive on the proposal. It was not possible to mediate an outcome at an applicant objector meeting and the objections have not been withdrawn.

Allowing for the deletion of Lot 5, the application achieves compliance with the requirements of the Township Zone, the Environmental Significance Overlay, Schedule 1 – Lake Eppalock Catchment and the Bushfire Management Overlay.

Lot sizes are generally consistent with the neighbourhood character of the location. All lots are sized to provide defendable space for bushfire protection measures, and for on-site containment of effluent and wastewater.

It is recommended that a notice of decision be issued, subject to the following conditions.


RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit for a four lot staged subdivision, development of three dwellings and works associated with site development at Crown Allotment 4B, Section 28, Parish of Elphinstone, 20 Gilbert Street, Elphinstone, subject to the following conditions.

1 PLANS REQUIRED 1.1 Before the use and development starts, amended plans to the satisfaction of

the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

• A site plan showing the location of the proposed development within

the identified building envelope. • A floor plan and elevations of all buildings, including a schedule of all

external colour schedule for the whole of all the buildings. • The deletion of Lot 5.

2 PRELIMINARY LAYOUT 2.1 The subdivision, as shown on the preliminary plan(s), must not be altered

except to accord with the final plan(s) prepared by a Licensed Surveyor, and must not be further altered without the prior written consent of Council.

3 SECTION 173 AGREMENT 3.1 Prior to the issue of a Statement of Compliance for the Plan of Subdivision

under the Subdivision Act 1988, the landowner must enter into an agreement with the responsible authority, and relevant referral authorities, subject to Section 173 of the Planning and Environment Act 1987 and make application to the Registrar of Titles to have the agreement registered on the title to the land under section 181 of that Act. Such agreement must provide for:

3.2 The matters required by Country Fire Authority and Coliban Water and Goulburn-Murray Water in conditions below.

3.3 The owner/applicant must pay the reasonable costs of the preparation, execution and registration of the section 173 agreement.

4 PUBLIC OPEN SPACE CONTRIBUTION 4.1 Prior to the issue of a Statement of Compliance for the Plan of Subdivision

under the Subdivision Act 1988, a cash contribution equal to 3% of the value of the land must be paid to Council. This payment may be varied pursuant to Section 19(5) of the Subdivision Act 1988.

4.2 This contribution can be made in stages if agreement is made with the responsible authority.

5 COUNTRY FIRE AUTHORITY REQUIREMENTS 5.1 Mandatory Condition

The bushfire mitigation measures forming part of this permit or shown on the endorsed plans, including those relating to construction standards, defendable space, water supply and access, must be maintained to the satisfaction of the responsible authority on a continuing basis. This


condition continues to have force and effect after the development authorised by this permit has been completed.

5.2 Bushfire Management Plan

Before the certification is issued under the Subdivision Act 1988, an amended bushfire management plan which is generally in accordance with BMS Defendable Space Plan prepared by Tomkinson Group, drawing No.: 1084201 DSP, Revision C dated March 2015) must be submitted to and endorsed by the Responsible Authority. When endorsed the plan must be included as an annexure to the section 173 agreement prepared to give effect to the conditions of this permit. The plan must show the following bushfire mitigation measures (a – c) and site features, unless otherwise agreed in writing by the CFA and the Responsible Authority: a) Defendable Space

Amend the defendable space to show defendable space extending within and around the proposed building envelope / or to the property boundary for the following distances:

• Lot 1 – 22 metres or to the property boundary,

• Lot 2 – extend 27 metres from south western boundary of Lot 4 or to property boundary, whichever is the lesser distance,



where vegetation (and other flammable materials) will be modified and managed in accordance with the following requirements:

• Grass must be short cropped and maintained during the declared fire danger period.

• All leaves and vegetation debris must be removed at regular intervals during the declared fire danger period.

• Within 10 metres of a building, flammable objects must not be located close to the vulnerable parts of the building.

• Plants greater than 10 centimetres in height must not be placed within 3m of a window or glass feature of the building.

• Shrubs must not be located under the canopy of trees.

• Individual and clumps of shrubs must not exceed 5 sq. metres in area and must be separated by at least 5 metres.

• Trees must not overhang or touch any elements of the building.

• The canopy of trees must be separated by at least 5 metres.

• There must be a clearance of at least 2 metres between the lowest tree branches and ground level.

b) Water Supply (Lot 1, Lot 3 and Lot 4)

The design of the static water supply must comply with the following: • 10,000 litres of effective water supply for fire-fighting purposes which

meets the following requirements: • Is stored in an above ground water tank constructed of concrete or

metal.


• All fixed above-ground water pipes and fittings required for fire-fighting purposes must be made of corrosive resistant metal.

• Incorporate a ball or gate valve (British Standard Pipe (BSP) 65mm) and coupling (64 mm CFA 3 thread per inch male fitting).

• The outlet/s of the water tank must be within 4m of the accessway and be unobstructed.

• Be readily identifiable from the building or appropriate identification signage to the satisfaction of CFA must be provided.

• Any pipework and fittings must be a minimum of 65 mm (excluding the CFA coupling).

c) Access (Lot 1, Lot 3 and Lot 4) Emergency vehicle access to the static water supply outlet and the dwelling for each lot must be provided in accordance with the following minimum requirements (including gates, bridges and culverts):

• Curves must have a minimum inner radius of 10m.

• The average grade must be no more than 1 in 7 (14.4 per cent) (8.1 degrees) with a maximum of no more than 1 in 5 (20 per cent) (11.3 degrees) for no more than 50m.

• Have a minimum trafficable width of 3.5m of all weather construction.

• Be clear of encroachments for at least 0.5m on each side and 4m above the accessway.

• Dips must have no more than a 1 in 8 (12.5 per cent) (7.1 degrees) entry and exit angle.

• Incorporate a turning area for fire fighting vehicles close to the building (if driveway is more than 100 metres in length).

5.3 Matters to be set out in Section 173 Agreement Before the statement of compliance is issued under the Subdivision Act 1988 the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987. The agreement must:

5.4 State that it has been prepared for the purpose of an exemption from a planning permit under Clause 44.06-1 of the Mount Alexander Planning Scheme.

5.5 Incorporate the plan prepared in accordance with Clause 52.47-2.4 of this planning scheme and approved under this permit.

5.6 State that if a dwelling is constructed on the land without a planning permit that the bushfire mitigation measures set out in the plan incorporated into the agreement must be implemented and maintained to the satisfaction of the responsible authority on a continuing basis.

5.7 In addition to the requirements of Clause 44.06-3 of the Mount Alexander Shire Planning Scheme, the section 173 Agreement prepared in accordance with that clause must also specify the following:

5.8 Explicitly exclude Lot 2 (from the following exemption under Clause 44.06-1 of the Mount Alexander Shire Planning Scheme:

• A buildings or works consistent with an agreement under Section 173 of the Act prepared in accordance with a condition of permit issued under the requirements of Clause 44.06-3.


5.9 State that the Section 173 agreement has also been prepared for the purpose to give effect to the conditions of this permit that require bushfire mitigation measures to be implemented on Lot 2.

5.13 The land owner must pay the reasonable costs of the preparation, execution and registration of the Section 173 Agreement.

5.14 Maintenance of Defendable Space Before the Statement of Compliance is issued under the Subdivision Act 1988, defendable space on every lot in the subdivision must be implemented and maintained as specified on the endorsed Bushfire Management Plan, unless otherwise agreed in writing by the CFA and the Responsible Authority.

6 INFRASTRUCTURE REQUIREMENTS 6.1 Engineering plans

Prior to commencement of any construction works including building works associated with the development, engineering plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and form part of the permit. All works constructed or carried out must be in accordance with those endorsed plans.

The plans shall include:

a) Access road, vehicle crossing works as required by the following Infrastructure conditions of this permit.

b) Drainage works as required by the following Infrastructure conditions of this permit.

6.2 Drainage works and proposed easement

The whole of the subject land, including landscaped and paved areas, must be graded and drained to the council nominated legal point of discharge to prevent the discharge of water from the subject land across any road or onto any adjoining lands.

6.3 The drainage system shall include provision of an underground storm water retention system to limit flows downstream from the development to pre-development levels in accordance with the current Australian rainfall and Runoff – Flood Analysis and Design for a 5 year annual recurrence interval.

6.4 Where an underground stormwater retention system is impractical the landowner will be required to enter into an agreement under Section173 of the Planning and Environment Act, 1987, with Council which affects each Lot within the subdivision. Such agreement shall require the landowner to provide for suitable above ground stormwater retention system

6.5 This agreement shall include following details of the stormwater retention system required for Lots 1, 3 and 4.

• Onsite stormwater retention volume approved by council.

• Above ground stormwater retention System with an orifice controls.

• The minimum diameter of the orifice. 6.6 The stormwater runoff from future buildings and paved areas in Lot 1,3 and 4

must be directed to the legal point of discharge which should be the natural waterline running through the property.


6.7 The developer to construct an open drain at the property frontage in Read St connecting the street stormwater to the natural flow path exists in unmade section of the Read St.

6.8 Access road, internal driveway and vehicle crossover works

Prior to the issue of a Statement of Compliance the developer is to upgrade McCrae Street intersection near the subject site east boundary as per the council standards and requirements, with 150 mm minimum compacted thickness of road base gravel up to the property entrance points to ensure all weather access with good drainage controls.

6.9 The driveway access to all lots shall be constructed to appropriate engineering standards approved by council along with appropriate cut off table drains and cross culverts.

6.10 Vehicle crossovers appropriate to the development and existing site conditions are to be constructed to the levels/requirements of Council. Council’s standards are: -

• 3.5 m wide.

• Appropriately sized reinforced concrete pipes 4.8m long centred on the crossover. Minimum size is 375 mm diameter.

• 100mm minimum compacted thickness of road base gravel from edge of pavement to property line.

• No impeding or redirection of existing surface flows as a result of these works.

• Where two crossovers are in close proximity, pipes are to be extended through to create one wide crossover servicing both properties.

6.11 Sediment pollution control The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991).

6.12 Statement of Compliance

Prior to the issue of a Statement of Compliance for the subdivision, council is to be paid a fee of 0.75% of the total construction costs for these works for the approval of said plans plus 2.5% for supervision of construction. Said fees to be paid prior to commencement of any road/ drainage works.

6.13 All existing and proposed easements and sites for existing and required utility services and drainage must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

6.14 Prior to issue of a statement of compliance for the subdivision, the road, drainage and driveway works must be installed to satisfaction of council in accordance with the approved Engineering plans.

6.15 Existing infrastructure

All existing road reserve assets are to be protected and maintained throughout the works including all utilities and services. Any damage is to be restored prior to issuing of statement of compliance.


7 GOULBURN-MURRAY WATER REQUIREMENTS 7.1 Any Plan of Subdivision lodged for certification must be referred to

Goulburn-Murray Rural Water Corporation pursuant to Section 8(1)(a) of the Subdivision Act.

7.2 Prior to the Statement of Compliance being issued, the disposal area associated with the septic tank system servicing the existing dwelling, must be extended such that a suitable area is provided for the dwelling under full and permanent occupancy. The area must be calculated based on the soil type and a full water balance specific to the site. In order for Goulburn-Murray Water to consent to the Statement of Compliance evidence from a suitably qualified professional must be provided that the alterations to the system have been undertaken. This must include a description of the works and a site plan showing their location in relation to the new property boundaries.

7.3 Prior to Statement of Compliance being issued, the owner shall enter into an Agreement with the Responsible Authority and GMW under Section 173 of the Planning and Environment Act ensuring that:

• Any future development adheres to the wastewater management requirements outlined within the Land Capability Assessment prepared by Paladin White Pty Ltd dated July 2014. This includes the design, installation and maintenance of the wastewater management system, and the size and location of the wastewater disposal field.

• No buildings are to be constructed on any drainage lines. 7.4 The owner/applicant must pay the reasonable costs of the preparation,

execution and registration of the Section 173 agreement.

8 COLIBAN WATER REQUIREMENTS 8.1 The owner is required to provide reticulated water services to each of the

lots within the subdivision. Services are to be provided in accordance with our specifications.

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

8.3 The common boundary between the development site and Coliban Water land must be fenced with no gates.

8.4 Any proposed bushfire management zone must be fully contained within the development site. Under no circumstances must Coliban Water land be incorporated.

8.5 The existing private water supply servicing the existing property must be decommissioned. The property must be reconnected to the water main that is required to service the development.

8.6 lf the existing property has a rural water supply license this must be relinquished as part of the development.

8.7 All wastewater from any proposed dwellings must be treated to a standard of at least 20mg/L BOD and 30mg/L suspended solids using a package treatment plant or equivalent and disposed of using an EPA-approved system, which is installed, operated and maintained in compliance with the relevant EPA Code of Practice, Certificate of Approval and council-issued septic system permit.

8.8 Any wastewater disposal areas must be kept free of stock, buildings, driveways and service trenching, and must be planted with appropriate


vegetation to maximise its performance as per requirements of LCA Ref No. 1714, dated July 2014. Stormwater must be diverted away from the disposal area.

8.9 Any wastewater disposal area must be located at least 100m from the nearest waterway, at least 60m from any dams and at least 20m from any bores.

8.10 All construction activities must follow sediment control principles outlined in 'Construction Techniques for Sediment Pollution Control' (EPA, 1991).

8.11 Prior to the Statement of Compliance being issued, the owner shall enter into an agreement with the Responsible Authority and Coliban Water under Section 173 of the Planning and Environment Act requiring that:

• lf a community effluent disposal system or reticulated sewerage system becomes available, all wastewater from any lot created by the subdivision of must be disposed of via this system and the on-site treatment and disposal system must be decommissioned.

• This agreement is cancelled if connection is made to a community effluent disposal system or reticulated sewerage system. Other requirements that are not related must be maintained in a new agreement.

• The agreement is to be prepared by Coliban Water and the owner shall be responsible for all costs and fees applicable for the preparation and the registration of the agreement on the title of the land.

9 ENVIRONMENTAL HEALTH REQUIREMENTS 9.1 Proposed Lots 1, 3 and 4

The applicant will be required to install an all-waste on-site waste water system. The system must be an Environment Protection Authority approved system installed, operated and maintained in accordance with the Environment Protection Authority’s current edition of the Code of Practice – Onsite wastewater management and the Australia New Zealand Standard AS/NZS 1547:2012 – On-site wastewater management.

9.2 The applicant shall be required to comply with the recommendations and strategies contained in the Land Capability Assessment prepared by Larry White of Paladin White Pty Ltd dated July 2014.

9.3 Prior to any development the applicant shall apply for a Permit to Install a Septic Tank in accordance with Part IXB of the Environment Protection Act 1970.

9.4 Proposed lot 2 The existing septic tank shall be upgraded to the satisfaction of the Environmental Health Officer. Upgrades should reflect relevant setback distances in the Environment Protection Authority’s current edition of the Code of Practice – Onsite wastewater management and potential waste water generation for the size of the dwelling.

10 POWERCOR REQUIREMENTS 10.1 The plan of subdivision submitted for certification under the Subdivision Act

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


10.2 The applicant shall:

• Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

• Ensure where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

• Ensure any buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

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

• Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000.

• Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

11 PERMIT EXPIRY – TIME FOR STARTING AND COMPLETION 11.1 This permit will expire if one of the following circumstances applies:-

a) The subdivision is not started within two years of the date of this permit; b) The subdivision is not completed within five years of the date of starting. c) The dwellings permitted are not completed within five years of the date of

starting. 11.2 Council may extend the periods referred to if a request is made in writing

before the permit expires or within six months afterwards.

(N.B. The starting of a subdivision is regarded by Section 68(3A) of the Planning and Environment Act, 1987 as the certification of a plan under Section 6 of the Subdivision Act, 1988. Completion is regarded as registration of the subdivision).

12 PERMIT NOTES: 12.1 Consent For Constructions:

Prior to the commencement of any works on the road reserve the owner/applicant must submit a Minor Works in a Road Reserve application and be issued a permit to occupy the road for works.

12.2 Goulburn-Murray Water: Application must be made to Goulburn-Murray Water prior to construction of

any dams on the subject land. A licence must be obtained where surface or groundwater supplies are taken and used for commercial irrigation purposes


or if a dam is to be constructed on a waterway as defined under the Water Act 1989. For further information, the applicant should contact Goulburn-Murray Water Diversion Operations on 1800 013 357.

12.3 Coliban Water: Specific requirements for the servicing of the new lots will be provided to the

applicant after a plan for certification has been referred to us. 12.4 Powercor:

It is recommended that, at an early date, the applicant commences negotiations with Powercor for supply of electricity in order that supply arrangements can be worked out in detail, so prescribed information can be issued once all electricity works are completed (the release to the municipality enabling a Statement of Compliance to be issued).

Prospective purchasers of lots in this subdivision should contact Powercor Australia Ltd to determine the availability of a supply of electricity. Financial contributions may be required.


ECO 19 APPLICATION TO AMEND PLANNING PERMIT PA173/2010 – 45 EAST METCALFE-LANGLEY ROAD, LANGLEY (CA 19B, PARISH OF LANGLEY)

Responsible Director: Director Sustainable Development Responsible Officer: Manager, Development Services Original Document: DOC/15/71152

1. Purpose

The purpose of this report is to enable Council to make a determination on an application for the removal of Condition 3 (related to power supply) of planning permit application PA173/2010 at 45 East Metcalfe-Langley Road, Langley. The application has been referred to Council for decision as there has been one objection which has not been withdrawn.

Refer to:

Attachment ECO 19A: Planning Permit PA173/2010, Existing. Attachment ECO 19B: Site Plan CA19B East Metcalfe Road, Langley. Attachment ECO 19C: Powercor Consent to Issue of Permit Response Regarding Amendment.

2. Background

The original application for the use and development of a dwelling on the site was lodged on 12 July 2010 and was granted on 5 November 2010 (see Attachment ECO 19A). The site was purchased one year later by the current owner, who applied to amend the permit to delete Condition 3 on 20 February 2015.

Condition 3 on the planning permit only allows power connection across the neighbouring property to the west. It is unusual for a planning permit to specify where power supply is located. These arrangements are usually left to the property owner and the power company. The current land owner wants to provide power supply to the lot from the east within the East Metcalfe-Langley Road.

The subject site is located approximately 350 metres west of the East Metcalfe-Langley Road intersection with Heathcote-Kyneton Road. The site is roughly 8.3 kilometres south-east of Metcalfe township and is located in the south-eastern most corner of the shire.

The land is zoned Farming and is located in the Environmental Significance Overlay, Schedule 1, which pertains to its location in the Lake Eppalock water supply catchment.

The site is a square lot of approximately eight hectares acres on the southern side of East Metcalfe-Langley Road. The land is developed with a dwelling, and two sheds. The balance of the land is divided into paddocks and is utilised for equine lifestyle purposes. There is an unnamed creek traversing the western boundary of the lot from north to south and the land is characteristic of the area with pasture with a number of mature trees.

Surrounding properties range from a similar size to significantly larger and tend to be used for agricultural and rural lifestyle purposes. There are approximately twelve dwellings within a one kilometre radius of the subject site. The Campaspe River lies roughly two kilometres west of the subject site.

Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 25 August 2015


There is no relevant planning policy against which the applicant may be assessed.

Particular provisions

Clause 62 - Uses, Buildings, Works, Subdivisions and Demolition Not Requiring a Permit

Clause 62.02-1 exempts buildings and works associated with a minor utility installation from requiring a planning permit or being subject to assessment against any other policy contained within the Planning Scheme.

The table contained within Clause 74 describes a minor utility installation as land used for a utility installation comprising… powerlines designed to operate at less than 220,000 volts. Advice from Powercor has been sought and any power connection to the subject site would be designed to carry a voltage of one tenth this amount.

There is, therefore, no policy basis to retain the condition.

4. Issues

Following advertisement of the application, in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987, one objection was received from the adjoining neighbour to the east.

The proposed connection method would pose a fire risk.

There is no scope for Council to assess the proposal against bushfire management policy. It is usual practice to connect power to a property via the nearest public land and this would seem to be preferable to connecting across a paddock, through vegetation and over a creek.

The proposed connection method would impact on the view to the north from the neighbouring property to the east.

Planning does not generally deal with the protection of views from properties. It is a principle of the planning system that no one has an exclusive right to a view. The power line is expected to have only a limited impact on the neighbour’s property.

If the power connection is to be permitted along the road, the connection should be underground.

The requirements and standards of power connection are administered by the relevant power authority, being Powercor. Should an underground connection be deemed the most appropriate method, this will be required by Powercor. At this stage, however, based on advice received from Powercor, the “least cost, technically acceptable” option of mains connection to the subject property is along the East Metcalfe-Langley Road reserve via overhead lines.


Cost of potential appeal to the Victorian Civil and Administrative Tribunal.


6. Consultation

Advertising

Notice of the application was given in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act, 1987 to owners and occupiers of adjoining land.

Applicant-objector correspondence

An applicant-objector meeting was undertaken, however, no outcome which satisfied both the applicant and objectors could be reached.

External Referrals

• Powercor – no objection to removal of condition. (See Attachment ECO 19C)

7. Conclusion

Council has received an application to amend planning permit PA173/2010 for the use and development of a dwelling at 45 East Metcalfe-Langley Road. The current land owner wants to remove Condition 3 on the permit which relates to the supply of power to the lot. The current owner could then provide power supply to the lot from the east within the East Metcalfe-Langley Road. The application has been advertised with one objection received.

The proposal has been referred to the relevant external authority, who has consented to the removal of the Condition. There is no policy basis for the Condition to be retained. The application to amend the planning permit should be approved.

RECOMMENDATION

That Council issue a Notice of Decision to Grant an Amendment to Planning Permit PA173/2010 for the Use and Development of a Dwelling.

1 MODIFIED PLANS REQUIRED The development must not be commenced until three copies of plans (no larger than A3 in size) drawn to scale and with dimensions are submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. Such plan must be generally in accordance with the plan submitted but modified to show:

• A Site plan showing the location of the proposed dwelling and shed within the endorsed building envelope and in accordance with setback requirements requested by North Central Catchment Management Authority (condition 7);

• A floor plan and elevations of the proposed building, including details of external materials, finishes and colours;

• The location of all internal driveways and the proposed vehicle crossing; • The proposed type and location of the effluent disposal system.

2 NO LAYOUT ALTERATION The development allowed 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 Deleted

4 USE OF OUTBUILDINGS The shed permitted by this permit must only be used as an outbuilding normal to a dwelling and must not be used for any other purpose (more specifically a habitable building) except with the prior written consent of the Responsible Authority.

5 NON-REFLECTIVE MATERIALS All external cladding and trim (including the roof) of the buildings hereby permitted shall be of a non-reflective nature. Cladding materials shall be coloured or painted in muted shades or in colours satisfactory to the Responsible Authority.

6 ENVIRONMENTAL MANAGEMENT PLAN The development of the dwelling hereby approved must not be commenced until two copies of an Environmental Management Plan are submitted to and approved by the Responsible Authority. When approved, the plan(s) will be endorsed and will then form part of this permit and may only be amended with the consent of the Responsible Authority. Such plan(s) must be prepared by a person suitably qualified or experienced in environmental assessment/management and include:

• Existing natural resources (flora & fauna); • Existing environmental hazards including land degradation or the

presence of pest flora & fauna and measures to be undertaken to mitigate such hazards;

• Likely environmental impacts as a result of the proposed use and development of a dwelling on the site;

• Environmental / natural resources gain including, but not necessarily limited to:

• Plantings around the building envelope and wastewater disposal area in accordance with Goulburn-Murray Water requirements (condition 13);

• Increased plantings and rehabilitation in regard to the seasonal creek which traverses the property in accordance with Goulburn-Murray Water requirements (condition 9);

• Plantings along the proposed driveway; • Fencing out the creek and mature gums (if any stock are run);

• Species list for revegetation that is in accordance with the appropriate EVC benchmark;

• Timelines and maintenance schedule for all proposed works to be undertaken.

7 NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY REQUIREMENTS All buildings must be set back a minimum distance of 100 metres from the waterway traversing the property.

8 The finished floor level of the proposed dwelling must be constructed a minimum of 300mm above the natural surface level.

9 GOULBURN-MURRAY WATER REQUIREMENTS A 30m buffer strip of native vegetation must be established and maintained either side of the waterway. No buildings are to be constructed within this zone.

10 All construction activities must follow sediment control principles outlined in 'Construction Techniques for Sediment Pollution Control' (EPA, 1991).


11 All wastewater from the proposed dwelling must be treated and disposed of using an EPA approved system, installed, operated and maintained in compliance with the relevant EPA Code of Practice and Certificate of Approval.

12 The wastewater disposal area must be located at least 100m from the nearest waterway and at least 20m from any bores.

13 The wastewater disposal area must be kept free of stock, buildings, driveways and service trenching and must be planted with appropriate vegetation to maximise its performance. Stormwater must be diverted away. A reserve wastewater disposal field of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.

14 ENVIRONMENTAL HEALTH REQUIREMENTS The applicant will be required to install, construct and maintain an all-waste septic tank system in accordance with the current Septic Tank Code of Practice; and in accordance with the recommendations of the Land Capability Assessment Report, dated July 2010, prepared by Larry White of Paladin White Pty Ltd.

15 Prior to any development the applicant shall apply for a Permit to Install a Septic Tank in accordance with Part IXB of the Environment Protection Act 1970.

16 ENGINEERING REQUIREMENTS Prior to the issue of a Certificate of Occupancy, the road, drainage and driveway works must be undertaken to satisfaction of Council’s Infrastructure Unit in accordance with the approved plans. If required, minor amendments may be approved by Council's Infrastructure Department to the standards stipulated in the below conditions provided a similar outcome is achieved.

17 The applicant must upgrade / provide a vehicle crossing to the property from the East Metcalfe-Langley Road at the approved location to the satisfaction of the Responsible Authority. The plans will detail at a minimum:

• 375mm diameter pipe culvert of a minimum length of 4.8 meters to service the lot;

• Low profile end walls to be installed at an offset 1.5m towards the property line from the line of the existing table drain;

• 100mm minimum compacted thickness of road base gravel from the edge of the sealed roadway to the property boundary;

• Works upstream and downstream of the driveway to ensure satisfactory operation of the table drain is not impeded;

• The driveway must be located to avoid the removal of any native vegetation.

18 Prior to the commencement of any works on the road reserve the owner/applicant must submit an application and be issued a permit to occupy the road for works pursuant to Local Laws No 2.

19 The driveway must be formed to the building envelope for the dwelling. Construction must include table drains, cut off drains and culverts to disperse storm water run-off and avoid any concentrated flow onto the road reserve or adjacent property, and is to include a 100mm minimum compacted layer thickness of road base gravel.


20 That storm water run-off from future buildings and paved areas must be directed to storage tanks/re-use dams and any overflow dissipated as normal un-concentrated overland flow.

21 The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).

22 COMPLETION OF DEVELOPMENT This permit will expire if the development permitted by this permit is not completed within TWO years from the date hereof. The time within which the development must be completed may on written request made before or within three (3) months after the expiry of this permit be extended by the Responsible Authority.


9.4. BUILDING SUSTAINABLE COMMUNITIES (COM)

COM 38 EXTENSION OF CONTRACT M819-2011 MANAGEMENT AND OPERATION OF OUTDOOR POOLS – BENDIGO REGIONAL YMCA

Responsible Director: Director, Sustainable Communities Responsible Officer: Manager Liveable Communities Original Document: DOC/15/32862

1. Purpose

The purpose of this report is to seek Council approval for the extension of contract M819-2011, Management and Operation of Outdoor Pools for Castlemaine, Harcourt and Maldon swimming pools to the Bendigo Regional Young Men’s Christian Association (BRYMCA) for a final two year extension as the remaining option within the current contract.

2. Background

BRYMCA has managed the Castlemaine, Harcourt and Maldon Swimming Pools for the past four years.

The term of the base contract was from 1 November 2011 to 31 October 2014 with an option to extend the contract for two x two year terms. At its Ordinary Meeting on 14 October 2014, Council resolved to:

1. Authorise the Chief Executive Officer to approve the extension of Contract M819-2011 Management and Operation of Outdoor Pools for one year to Bendigo Regional YCMA commencing 1 November 2014 to 31 October 2015 for the lump sum of $229,410.10. All rates are exclusive of GST;

2. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract extension documentation for Contract M819-2011 Management and Operation of Outdoor Pools;

3. Receive reports in January, February and March Council meetings which outline in detail how the contractor has responded to community feedback; and

4. Receive regular bulletins following each meeting between council staff, the contractor and community representatives of the pool users, which outline any issues raised and responses agreed upon.

This first contract extension between Council and BRYMCA will expire on 31 October 2015.

The contract makes provision for a further two years until 31 October 2017. This is the final extension option available to BRYMCA in the contract.


In achieving its vision for a thriving community working together to create a sustainable and vibrant future, Council has identified ‘Better Community Facilities’ as a key priority in the Council Plan 2013 - 2017.

Under the “Better Community Facilities” includes an objective “Provide access to well-maintained sporting and recreation facilities for all residents”.


The Local Government Act 1989 (the Act) provides direction to Local Government Authorities in regards to procurement of goods and services and the awarding of contracts. Section 186 of the Act requires Council’s to undertake competitive market testing processes before entering into contracts for goods and services or for the carrying out of works over the value of $15,000.

Clause 208 of the Act – Best Value Principles requires Local Government Authorities to comply with a range of principles including the need for Council services to meet quality and cost standards. Other Best Value considerations when evaluating tenders include community expectations, opportunities for local employment growth or relations, and potential environmental advantages.

All goods and services purchased by Council must be compliant with the Occupational Health and Safety Act 2004, the Dangerous Goods Act, Equipment (Public Safety) Act 1987, and associated regulations and codes of practice wherever applicable.

The awarding of the Outdoor Pool Management Contract and the subsequent management and operation of Council’s outdoor swimming pools is consistent with the above priorities and policies.

4. Issues

This contract is in place to provide residents and visitors to the Shire with the opportunity to enjoy aquatic activities that are high quality and safe, in facilities that are well maintained and pleasant to visit.

The operations and management of the outdoor pools is complex as facilities are aging and the seasonal weather patterns erratic. Increasing requests for additional services from the community have challenged contractual obligations of the BRYMCA at times. However through the development of stronger communication and management meetings between Council, BRYMCA and community groups, most community requests have been met with no variations to the contract amount in the 2014/2015 season.

A sound partnership between BRYMCA and Council has developed to meet the expectations of patrons utilising the outdoor pools during the summer season.

Performance is monitored at monthly meetings held with the BRYMCA and Council’s Recreation Services staff. The contract is monitored against performance indicators specified in the contract.

The contract is for the management, operation and maintenance of the facilities and includes, but is not limited to, the following functions:

• Program planning and development; • Day to day management, operation supervision and maintenance of the pools,

plant equipment, buildings and surrounds. • Cleaning of pools, buildings and surrounds • Administration and financial management; • Staff management; and • Evaluation and reporting.


The current budget for the management and operations of the four outdoor pools in the 2015/2016 financial year is $281,540.


In accordance with the option for extension within the contract, Council requested a schedule of pricing for the second two year option from the BRYMCA for consideration. The price submitted for the 2015/2016 season is $228,819.23 (excluding GST). This represents a 0.26% decrease on the previous year’s accepted contract amount. The pricing for the 2016/2017 season is $239,116.08 (excluding GST). This represents a 4.45% increase on the previous year’s performance.

6. Consultation

Consultation has been held with the BRYMCA who have confirmed their commitment to continue to operate the swimming pool facilities for a further two years.

As reported previously, BRYCMA have undertaken a range of community engagement activities this season including:

• Hosting an onsite ‘Meet and Greet’ with the Harcourt community in November 2014;

• Onsite meeting at Castlemaine Swimming Pool with the Castlemaine Swim Club in November 2014;

• Attending the February listening post at Maldon Swimming Pool; • Distributing Bendigo Regional YMCA feedback forms; • Distributing Council Customer Satisfaction Surveys; • Attending two joint meetings with representatives from the Harcourt Progress

Association, Maldon Swimming Pool users and Council officers to discuss the pool season;

• Attending two meeting with the Harcourt Progress Association in relation to volunteerism;

• Signing a Memorandum of Understanding with Newstead and District Swimming Pool Inc. to allow season pass users entrance into all four Council outdoor pools;

• Responding to emails that were either emailed directly or via Council’s pool email address; and

• Posting pool updates on the BRYMCA Facebook and twitter pages.

Each year, as part of the management of the contracts with the service providers, Council has undertaken a range of engagement activities. This has included:

• Customer service satisfaction survey; • Listening posts at each outdoor pool and created; and • A ‘pool’ dedicated email address.

Findings from these surveys, consultations and feedback mechanisms have assisted the improvement and modification of programs and services to meet the community’s needs and expectations each year. BRYMCA has been an integral part in the above engagement activities.

The feedback received in regards to the management and operation of Harcourt, Castlemaine and Maldon swimming pools has been positive with an improvement on previous seasons. Management were quick to speak to lifeguards and rectify any concerns that were raised about their performance.

Councillors have received monthly bulletins during the pool season outlining the BRYMCA community engagement and feedback activities, information on meetings that were undertaken with community groups and other issues that had arisen during the month.


Next Steps

BRYMCA are looking at ways to improve services for pool patrons for Castlemaine, Harcourt and Maldon Swimming Pools for the 2015/2016 season.

Council officers will be in discussion with BRYMCA to look at the initiatives that they wish to undertake which are incorporated in their submitted scheduled pricing. These include:

• Healthy choices in the kiosks; • Undertaking a partnership with Western District Employment Access (WDEA)

to help improve maintenance at the three outdoor pools; • WDEA help to staff kiosk at Castlemaine Pool allowing for the two lifeguards to

watch patrons; • Creation of a calendar of events; • Purchasing and installing a new clock at Castlemaine Pool; • Painting of flagpole at Harcourt Pool; and • Painting and maintenance of Castlemaine Pool change rooms.

7. Conclusion

The contract extension for the management of Council’s Castlemaine, Harcourt and Maldon outdoor pools is due to expire 31 October 2015. There is one final option to extend the contract with BRYMCA for a further two years subject to the agreement of both parties.

BRYMCA have submitted a pricing schedule for 2015/2016 of $228,819.23 (excluding GST) and for 2016/2017 of $239,116.08 (excluding GST).

RECOMMENDATION

That Council:

1. Authorise the Chief Executive Officer to approve the extension of Contract M819-2011 Management and Operation of Outdoor Pools for a two year period to the Bendigo Regional YMCA commencing 1 November 2015 to 31 October 2017 for the lump sum of $228,819.23 for the 2015/2016 season and $239,116.08 for the 2016/2017 season. All rates are exclusive of GST; and

2. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract extension documentation for Contract M819-2011 Management and Operations of Outdoor Pools for the Bendigo Regional YMCA.


COM 39 AWARDING OF CONTRACT M1174-2015 FOR BRIDGE REPLACEMENT – BRIDGE NO. RD0032647, SCHOOL ROAD BARFOLD

Responsible Director: Director Sustainable Development Responsible Officer: Manager Infrastructure Original Document: DOC/15/32277

1. Purpose

The purpose of this report is to enable Council to consider and determine the awarding of Tender M1174-2015 for Design and Construction for Bridge Replacement - Bridge BR0032647, School Road, Barfold

Refer to:

Confidential Attachment COM 39 A Tender Evaluation Report, Contract M1174-2015 for Design and Construction for Bridge Replacement - Bridge BR0032647, School Road, Barfold.

2. Background

Council is committed to the maintenance and rehabilitation of bridge infrastructure in an efficient and timely manner. Bridge number BR003264 at School Road, Barfold has been identified for replacement as part of the ongoing capital works program. The identification of this bridge for replacement was made following a detailed assessment and subsequent closure of the bridge.

Tenders were invited from suitably qualified contractors for Contract M1174-2015, Design and Construction, Bridge Replacement - Bridge BR003264, School Road, Barfold by advertisement in The Age and Bendigo Advertiser on 27 June 2015, and the Midland Express on 30 June 2015.

Tender documentation was available for download from Council’s e-Tender website from 27 June 2015.

Tenderers were required to prepare an economic impact statement to demonstrate the level of local and regional content proposed under this contract.


Council’s Road Management Plan highlights the requirements for responsible asset management with consideration of expected service delivery, management of public risk, optimising asset life, efficient use of available resources and developing long term strategies for improvement.

The Local Government Act 1989 provides relevant direction to Local Government in regards to procurement and contracts. Section 186 of the Local Government Act requires Councils to undertake competitive market testing processes before entering into contracts for purchase of goods or services or for the carrying out of works for the value of $150,000 or above. The Act imposes specific restrictions on Council in regard to entering such contracts.

Important provisions within Section 186 include minimum standard processes for giving public notice of the purpose of contracts in excess of the value of $150,000. Nothing in Section 186 of the Local Government Act requires Council to accept the lowest tender or to accept any tender.


Clause 208 of the Local Government Act – ‘Best Value Principles’ requires Local Governments to comply with the Best Value principles, specifically in this instance the need for Council services to meet quality and cost standards, and further provides a number of factors that may be looked at in applying the principles of Best Value.

All goods and services purchased by Council must be compliant with the Occupational Health and Safety Act 2004, the Dangerous Goods Act, Equipment (Public Safety) Act 1987, and associated regulations and codes of practice whenever applicable.

The tender process has been conducted in accordance to the conditions included within the Mount Alexander Procurement Policy. The tender evaluation criteria within Council’s Procurement Policy help to ensure competition in the supply of goods and services and products to Council and supports administrative consistency and fairness through transparency in Council’s decision making.

Council’s Procurement Policy encourages a focus on local industry, including creating local employment and improving local businesses by requesting an Economic Impact Statement be submitted by tenderers for all tenders greater than $250,000 (GST inclusive), Economic Impact Statements will detail the level of local content including labour, materials, plant and supervision.

Where tenders are within 5% of the weighted tender evaluation of the highest ranked tender, the tender evaluation will take into consideration the merit of Economic Impact Statements when evaluating tenders.

4. Issues

At the commencement of the tender process and following the close of the tender period, the tender evaluation panel completed conflict of interest and confidentiality declarations. No known conflicts were declared at either stage.

Five conforming and one non-conforming tenders were received by the closing date of 2.00 pm, 22 July 2015.

Tenderer

Elite Crossings Pty Ltd

BSA Constructions

DC Projects Pty Ltd

North Vic Constructions

SMB Civil Pty Ltd

VEC Civil Engineering Pty Ltd

The Tender Evaluation Panel met on 30 July 2015 to undertake the evaluation of all six tenders received and deemed one of these tenders as non-conforming. All conforming tenders were evaluated against the pre-determined evaluation criteria outlined below.

1. Cost to Council 2. Response to Specification 3. Experience and Qualifications 4. Sustainability

5. Risk and Quality Management 6. Business and Financial

Capacity


As this public tender was estimated to be valued above $250,000 (inc GST), Economic Impact Statements were requested to be completed by tenderers as part of this tender process.

The Economic Impact Statements were not considered as part of this evaluation as tenderers are not within 5% of the highest rank tenderer.

Following a detailed evaluation against the pre-determined criteria and weightings, the tender evaluation panel recommend the awarding of the contract to VEC Civil Engineering Pty Ltd for $229,979.30 (GST exclusive).


Council’s 2015/2016 Budget has an allocation of $285,000.00 for the design and construction of a replacement bridge at School Road, Barfold.

6. Consultation

A comprehensive capital works development process was undertaken prior to the decision by Council to proceed with these works.

A Tender Evaluation Panel was formed to plan the tender process, evaluate tender submissions received and make a recommendation to Council on the awarding of the contract for the bridge replacement at School Road, Barfold. The panel included members from the Infrastructure, Finance and Procurement Units.

7. Conclusion

Council invited tenders for Design and Construction - Bridge Replacement - Bridge No. BR003264, School Road, Barfold. Five conforming tenders and one non-conforming tender was received upon the closing time of 2.00 pm, 22 July 2015. The non-conforming tender was not considered for evaluation by the tender evaluation panel.

The five conforming tenders were evaluated using predetermined evaluation criteria and weightings.

The preferred tenderer is VEC Civil Engineering Pty Ltd for a contract price of $229,979.30 (GST exclusive).

RECOMMENDATION

That Council:

1. Award Contract M1174-2015 for Design and Construction - Bridge Replacement - Bridge No. BR003264 School Road Barfold to VEC Civil Engineering Pty Ltd for a contract price of $229,979.30 (GST exclusive); and

2. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract documentation for Contract M1174-2015 for Design and Construction - Bridge Replacement - Bridge No. BR003264, School Road, Barfold.


COM 40 AWARDING OF CONTRACT M1187-2015 FOR SUPPLY AND INSTALLATION OF SPORTS LIGHTING AT CAMP RESERVE, CASTLEMAINE AND NEWSTEAD RECREATION RESERVE

Responsible Director: Director Sustainable Communities Responsible Officer: Recreation Development Officer Original Document: DOC/15/33013

1. Purpose

The purpose of this report is to consider and determine the awarding of tender M1187-2015 for Supply and Installation of Sports Lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve.

Refer to:

Confidential Attachment COM 40A: Tender Evaluation Report, Contract M1187- 2015 Supply and Installation of Sports Lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve.

2. Background

Council has received a grant of $80,000 from Sport and Recreation Victoria and a $100,000 contribution has been agreed to by the Castlemaine Football Netball Club to assist in the delivery of lights to Australian Football League (AFL) night competition standard for Camp Reserve, Castlemaine. The installation of the lights is highlighted in the Camp Reserve Master Plan and was an approved project in the 2014/2015 budget. The lights have been fully designed to 200 lux level with the power supply management system part of the design.

The project must be completed and operational before 31 December 2015 to ensure the 2016 football fixture allows for competition matches to be scheduled.

The installation of lights will allow the Camp Reserve to be used for competition AFL night matches. The lights will also enhance other events held at the reserve including the Castlemaine Agricultural Show, New Year’s Eve Celebrations and the Castlemaine Swap Meet. The Committee of Management of the Reserve have been actively working with Council and Government bodies for many years to ensure fit for propose lights are installed.

The Newstead Tennis/Netball courts were redeveloped in 2011 and a new pavilion was completed in June 2014. The installation of the lights will complete the works at Newstead Recreation Reserve and provide compliant lighting for netball training and social tennis. These lights will assist in the growth of tennis and improve the training standard for netball at the Reserve.

A public tender process for supply and installation of sports lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve was undertaken and tender advertisements published in the Bendigo Advertiser and The Age on 4 July 2015 and the Midland Express on 7 July 2015. The tender closed on 24 July 2015.


The installation of the lights at Camp Reserve and Newstead Recreation Reserve are both identified in the Mount Alexander Reserves Improvement Plan 2010.The


lights at Camp Reserve were highlighted in the Annual Plan 2014/2015 and the Budget 2014/2015.

The Local Government Act 1989 provides relevant direction to Local Government in regards to procurement and contracts. Section 186 of the Local Government Act requires Councils to undertake competitive market testing processes before entering into contracts for purchase of goods or services or for the carrying out of works for the value of $150,000 or above. The Act imposes specific restrictions on Council in regard to entering such contracts.

Important provisions within Section 186 include minimum standard processes for giving public notice of the purpose of contracts in excess of the value of $150,000. Nothing in Section 186 of the Local Government Act requires Council to accept the lowest tender or to accept any tender.

Clause 208 of the Local Government Act – ‘Best Value Principles’ requires Local Governments to comply with the Best Value principles, specifically in this instance the need for Council services to meet quality and cost standards, and further provides a number of factors that may be looked at in applying the principles of Best Value.

All goods and services purchased by Council must be compliant with the Occupational Health and Safety Act 2004, the Dangerous Goods Act, Equipment (Public Safety) Act 1987, and associated regulations and codes of practice whenever applicable.

The tender process has been conducted in accordance to the conditions included within the Mount Alexander Procurement Policy. With the tender evaluation criteria within Council’s Procurement Policy help to ensure competition in the supply of goods and services and products to Council and supports administrative consistency and fairness through transparency in Council’s decision making.

Council’s Procurement Policy encourages a focus on local industry, including creating local employment and improving local businesses by requesting an Economic Impact Statement be submitted by tenderers for all tenders greater than $250,000 (GST inclusive), Economic Impact Statements will detail the level of local content including labour, materials, plant and supervision.

Where tenders are within 5% of the weighted tender evaluation of the highest ranked tender, the tender evaluation will take into consideration the merit of Economic Impact Statements when evaluating tenders.

4. Issues

At the commencement of the tender process and following the close of the tender period, the Tender Evaluation Panel completed conflict of interest and confidentiality declarations. No known conflicts were declared at either stage.

Three tenders were received by the closing date of 2.00 pm, Friday 24 July 2015.

Tenderer Kowelec Pty Ltd

DeAraugo & Lea Electrical Contractors Pty Ltd

Maine Design and Construction Pty Ltd


The Tender Evaluation Panel met on the 29 July 2015 to complete a preliminary evaluation of all tenders received for shortlisting purposes. All tenders were evaluated against the pre-determined shortlisting criteria outlined below.

1. Cost to Council; 2. Response to Specifications; and 3. Experience and Qualifications During this preliminary evaluation, Maine Design and Construction Pty Ltd declared a conflict of interest. After reviewing this declared conflict of interest, the Tender Evaluation Panel agreed that Maine Design and Construction Pty Ltd would not be evaluated for the works at Camp Reserve, however, their tender for the works at Newstead Recreation Reserve would be evaluated.

The preliminary evaluation identified that DeAraugo & Lea Electrical Contractors Pty Ltd be shortlisted and interviewed for the supply and installation of lighting at both the Camp Reserve and Newstead sites and Maine Design and Construction Pty Ltd be shortlisted and interviewed for Newstead only.

Kowelec Pty Ltd was removed from further evaluation.

Interviews were conducted with shortlisted tenderers only. Each tenderer was provided with predetermined questions to assist in the final evaluation. The interviews were conducted on 6 August 2015 and representatives from each of the shortlisted tenderers attended these interviews.

The interview process with shortlisted tenderers highlighted the vast experience that DeAraugo & Lea Electrical Contractors Pty Ltd has with supply and installation of lights at recreation reserves.

DeAraugo & Lea Electrical Contractors Pty Ltd provided detailed information that demonstrated a clear understanding of the works required to be undertaken as part of this contract.

Following this comprehensive evaluation, which included interviews with shortlisted tenderers, DeAraugo & Lea Electrical Contractors Pty Ltd are recommended by the Tender Evaluation Panel for Contract M1187-2015 for Supply and Installation of Sports Lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve.

All tenderers completed an Economic Impact Statement and all are identified as local or regional businesses. All stated that they would use both local and regional sub-contractors to complete the required works.


A project budget for the upgraded lighting, and safety works at Camp Reserve is $542,040, of which $392,040 has been allocated to the cost of upgraded lighting.

The total available budget for the supply and installation of lights at both Reserves are detailed on the following page:


Budget 2015/2016

Camp Reserve Lights $392,040

Newstead Tennis / Netball Lights $96,991

Total Budget $489,031

The combined budget for the two projects is $489,031. This budget is within the tendered price submitted by DeAraugo & Lea of $431,860 (GST exclusive), with design and project management costs expected to be less than $57,171.

The projects are scheduled for completion by the end of December 2015, ready for use at the commencement of the 2016 football/netball season.

6. Consultation

A community consultation plan has been developed. This plan identifies the need to consult with residents that live within the Camp Reserve area. There has been significant consultation with the users at Camp Reserve, the Camp Reserve Committee of Management, AFL Central Victoria Commission, Sport and Recreation Victoria, Department of Land, Water Environment and Planning, and both State and Federal Members of Government. There has also been significant consultation with the users of the Newstead Recreation Reserve over approximately the last three to five years.

The Tender Evaluation Panel was formed to plan the tender process, evaluate tender submissions received and make a recommendation to Council for the awarding of Contract M1187-2015 for Supply and Installation of Sports Lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve.

This panel included staff from the Recreation, Procurement, Finance, Planning, and Infrastructure Units. An external consultant provided expert advice on this project and was also a member of the Tender Evaluation Panel.

7. Conclusion

A request for tender for supply and installation of sports lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve was publicly advertised from 4 July 2015 in the Bendigo Advertiser and The Age and 7 July 2015 in the Council Column in the Midland Express. At the closing date of 2.00 pm, 24 July 2015, three tenders were received.

The interview process with shortlisted tenderers highlighted the vast experience that DeAraugo & Lea Electrical Contractors Pty Ltd has with supply and installation of lights at recreation reserves.

DeAraugo & Lea Electrical Contractors Pty Ltd is being recommended by the Tender Evaluation Panel to be awarded Contract M1187-2015 for Supply and Installation of Sports Lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve.


RECOMMENDATION

That Council:

1. Award Contract M1187-2015 for Supply and Installation of Sports Lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve to DeAraugo & Lea Electrical Contractors Pty Ltd for a contract price of $431,860 (GST exclusive); and

2. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract documentation for Contract M1187-2015 for Supply and Installation of Sports Lighting at Camp Reserve, Castlemaine and Newstead Recreation Reserve.


10. DELEGATES REPORTS

11. NOTICE OF MOTION

12. URGENT SPECIAL BUSINESS

13. MEETING CLOSE


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