Council Meeting 6 March 2013

AGENDA

Ordinary Meeting of

Council

6.00pm Wednesday 6 March, 2013

VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo NEXT MEETING: Wednesday 27 March, 2013 Bendigo Town Hall

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

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

Council will realise its vision by setting strategic objectives, strategies and committing to annual actions within four Goal Areas:

• Built and Natural Environment

• Economic Development

• Community and Culture

• Our People, Our Processes

Vision GREATER BENDIGO will be the best place to live work and visit, where:

• growth and living standards are managed to sustain and enhance quality of life

• a regional culture of learning, creativity and innovation allows people to flourish

• its rich natural and cultural heritage is conserved for today and tomorrow

• resilience, local spirit and identity are proudly celebrated.

Values Council will achieve its vision by working with the community and business, displaying leadership in its decision-making, operating in an open manner and basing decisions on sound information.

Goal Areas

ORDINARY MEETING WEDNESDAY 6 MARCH 2013 ORDER OF BUSINESS:

Contents

ACKNOWLEDGEMENT OF COUNTRY 3

PRAYER 3

PRESENT 3

APOLOGIES 3

SUSPENSION OF STANDING ORDERS 3

PUBLIC QUESTION TIME 3

RESUMPTION OF STANDING ORDERS 4

DECLARATIONS OF CONFLICT OF INTEREST 5

CONFIRMATION OF MINUTES 6

1. PETITIONS AND JOINT LETTERS 6

2. BUILT AND NATURAL ENVIRONMENT 7

2.1 Adopt Planning Scheme Amendment C145 - New Catholic School, Maiden Gully 7

2.2 Planning Scheme Amendment C197 - Rezoning of 10-14 Mackenzie Street, Bendigo (View Hill) to Business 5 and Amend Overlays to Facilitate Redevelopment, Consider Authorisation Request 14

2.3 Planning Scheme Amendment C195 - Industrial 3 Rezoning - Consideration of Authorisation Request: 41 - 45 Ham Street, 47 - 65 Ham Street & 195 Allingham Street, Golden Square 24

2.4 Planning Scheme Amendment C162 - Implementing the Former Marong Heritage Study (Heritage Policy Citations) Part 2 33

2.5 Subdivision of the Land into 18 Lots - 51 Taylors Lane, Strathfieldsaye 43

2.6 Four Lot Subdivision and Construction of Two Dwellings - 1 Albion Street & 47 Condon Street, Kennington 57

2.7 Advertising Signs - 3 Kennedy Street, East Bendigo 76

2.8 Response to Long Gully Swimming Pool Petition 84

3. ECONOMIC DEVELOPMENT 99

3.1 Fortuna - Proposed Sale of Property by the Department of Defence (Australian Government) 99

4. COMMUNITY AND CULTURE 103

4.1 Health and Wellbeing Strategy 2009-2013 103

5. OUR PEOPLE, OUR PROCESSES 107

5.1 Record of Assemblies 107

5.2 Contracts Awarded Under Delegation 116

5.3 General Valuation of Rateable Land 2014 117

5.4 Risk Management Framework 125

5.5 Awarding of Tender for Appointment of Consultants to Conduct the Independent Review of Council 136

6. URGENT BUSINESS 137

7. NOTICES OF MOTION 138

7.1 Notice of Motion - Golden Square Swimming Pool 138

8. COUNCILLORS' REPORTS 150

9. MAYOR'S REPORT 150

10. CHIEF EXECUTIVE OFFICER'S REPORT 150

11. CONFIDENTIAL (SECTION 89) REPORTS 150

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 06 March 2013

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow a presentation to Sister Lourdes from Maubisse, East Timor in recognition of the friendship relationship between Bendigo and East Timor and the conduct of Public Question Time.

PUBLIC QUESTION TIME

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


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

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

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

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

• Prosecution, summonses or any other litigation; • Most appropriately addressed by other means; • Vague, irrelevant, insulting or improper, defamatory; • Answer likely to compromise his / her position; • Confidential, commercial-in-confidence.

5. Each individual whose registration form has been accepted or declined will be

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

circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.


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DECLARATIONS OF CONFLICT OF INTEREST

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


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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 13 February, 2013. The following items were considered at the Ordinary Council meeting held on Wednesday 13 February, 2013 at 6:00pm. • Development of a Three Storey Office Building with Ground Floor Retail and

Basement Car Park, Alteration of Verandah and a Reduction in Car Parking - 98-104 Williamson Street, Bendigo

• Subdivision of Land into 23 Lots and the Removal of Native Vegetation - 12 Robert Street, Kangaroo Flat

• 5 Lot Subdivision and Construction of 3 Dwellings (Staged) - 14-16 Somerville Street, Flora Hill

• Use of Land for Use of Land for Restricted Recreation Facility (Gym and Fitness Centre) - 255 High Street, Heathcote

• Subdivide Land into 3 Lots and the Construction of 2 Dwellings - 61 Simpsons Road, Eaglehawk

• Subdivision of Land into 2 Lots - 9 Forest Street, Ascot • 3 Lot Subdivision - 61 Booth Street, Golden Square • Independent Review Committee - Appointment of Chair and Community Members • Community Engagement Plan for the Independent Review Committee • Council Plan 2009-2013 (Revised 2012) Quarterly Report on Progress (December

2012/January 2013) • Junortoun Community Plan • Response to Golden Square Swimming Pool Petition • Delegation to the Chief Executive Officer • Local Authorities Superannuation Liability Update • Setting the Budget Principles for 2013/14 • Finance Report as at 31 December 2012 and Mid-Year Budget Review 2012-2013 • Record of Assemblies • Notice of Motion: Calder Alternative Highway, Marong The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 13 February, 2013, as circulated, be taken as read and confirmed.

1. PETITIONS AND JOINT LETTERS

Nil.

Built and Natural Environment - Reports Ordinary Meeting - 06 March 2013

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2. BUILT AND NATURAL ENVIRONMENT

2.1 ADOPT PLANNING SCHEME AMENDMENT C145 - NEW CATH OLIC SCHOOL, MAIDEN GULLY

Document Information

Author Alison Kiefel, Council Projects Planner Responsible Prue Mansfield, Director Planning and D evelopment Director

Summary/Purpose

Amendment C145 proposes to rezone land in Patas Road, and Golf Links Road, Maiden Gully to allow development of a new private primary and secondary school, early learning centre and shared public open space facilities. The proposal is at the request of joint proponents, the Roman Catholic Trust Corporation – Diocese of Sandhurst and the City of Greater Bendigo, Recreation Unit. The key planning issues relating to this Amendment are traffic, suitability of the site, and provision of new educational and community facilities in a new development area of Maiden Gully. The Amendment has been publicly exhibited to neighbours and relevant authorities, with 7 submissions received from referral authorities. No objections have been received. VicRoads raised concern with the Traffic Impact Assessment calculations in regard to the intersection of Maiden Gully Road and Calder Highway and the future funding for an upgrade. The report recommends Council adopt Planning Scheme Amendment C145 as exhibited, to complete Council's requirements in the Planning Scheme Amendment process. The adopted amendment can then be forward to the Minister for Planning for Approval.

Policy Context

City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012)

1. Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage. • Achieve high quality outcomes in planning and policy activities. • Encourage and foster high quality design to create environments that support

public wellbeing and economic success.


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Background Information

The key steps in the amendment process are summarised below, with Council decisions shaded:

The City of Greater Bendigo owns the vacant portion of 101 Golf Links Rd, Maiden Gully, for future shared public open space oval and associated facilities. The Roman Catholic Trust Corporation – Diocese of Sandhurst will own and manage the school, early learning centre and surrounds. There are ongoing discussions regarding the future management arrangements regarding the open space area.


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Previous Council Decisions 29 February 2012 Council supported a request to the Minister for Planning to Authorise

the Amendment.

Consultation/Communication

Consultation occurred with external and internal departments before final documentation was lodged in December 2011 and prior to exhibition. A public information session was held in August 2011 by the proponents. The Amendment was formally exhibited between 8 November – 13 December 2012 with notification to: • 123 owners and occupiers of neighbouring properties. • Notification of prescribed Ministers under Section 19(1)(c) of the Act. • Notification of all authorities and departments it materially affected under Section

19(1)(a) of the Act. • Publication of the notice of the Amendment in the Bendigo Advertiser on 8 and 10

November 2012. • Publication of the notice of the Amendment in the Government Gazette on 8

November 2012. The Environment Protection Authority were referred the amendment prior to exhibition and their comments have been implemented with a Section 173 agreement to require clean-up of the contaminated soil. Submissions Seven submissions were received during the exhibition period. A summary of the submissions is provided below:

Submission Supports/Objects Recommendation

Department of Transport No objection. No change to amendment

NCCMA No objection No change to amendment

Coliban Water No objection. No change to amendment

VicRoads (late submission)

No objection. However requires the Traffic Impact Assessment Report to be amended at a future time to include VicRoads standards. Believes the school at full capacity (in 10years time) will have an impact on Calder Highway and Maiden Gully Road intersection. Advises this should be mitigated with provision of funding and

No change to amendment. Agree with VicRoads submission and will refer permit application and a revised TIAR at that time.


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Submission Supports/Objects Recommendation

Council will be responsible for sourcing that funding. Requested that the permit application be forwarded to VicRoads and that the TIAR be amended to its satisfaction at that time.

Environment Protection Authority

No objection. Noted that the site must be cleaned up prior to use and development.

No change to amendment. Section 173 agreement in place to ensure clean-up is to occur.

Department of Sustainability & Environment

No objection No change to amendment.

Goulburn Murray Water No objection. No change to amendment.

Report

An Explanatory Report is attached and details the purpose, effect of the amendment and provides the strategic justification for the amendment as required. Key issues identified in the Explanatory Report are summarised below. Land Affected by the Amendment


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The subject site is known as 39 and 59 Patas Road, and 95 and part 101 Golf Links Road, Maiden Gully. Three of the properties contain a dwelling, a dam and small amounts of garden or sparse vegetation. The site is surrounded by Farming Zone allotments to the north and west and Low Density Residential Zone, opposite in Patas Road, where lots predominately contain a dwelling. The site is located within the Maiden Gully New Development Area, for which the Strategy Department has commenced a Precinct Structure Plan (reported to Council on 14 December 2011). What the Amendment Does The Amendment proposes to rezone the land to Special Use Zone 1 – Private Education or Religious Institutions to allow the development of the site for a new private primary and secondary school, early learning centre and shared public open space facilities. Key Issues Maiden Gully Area The site is within the Maiden Gully New Development Area which is currently undergoing a structure planning process with an Options and Issues paper having been publicly released in Dec 2012.


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Contamination Soil testing for contaminates found a small area of localised imported soils that contained higher than acceptable levels of arsenic and mercury. A Soil Management Plan recommends removal of the contaminated soil to ensure the site will be suitable for this sensitive use. A Section 173 agreement under the Planning and Environment Act 1987 requires the Soil Management Plan to be implemented after the amendment is approved and prior to works commencing for new development. Vegetation An Ecological Assessment has been undertaken and indicates up to 12 native trees of low conservation significance may be required to be removed to facilitate the future development. Their removal will form part of the planning permit required for the overall development. Traffic The Traffic Impact Assessment report indicates that there will be no major traffic impacts on the network except for the addition of right and left turn access lanes on Golf Links Rd. The report considers the traffic anticipated as development occurs over a 10year period and the existing capacity of the road network. The full impact on traffic networks will be assessed when the extent of development is confirmed at the time of a planning permit application. Presently, no changes to intersections or road widening are proposed for this development. The report also indicates that sufficient car parking can be provided on site and this will be confirmed as part of the planning permit process. VicRoads has indicated that the intersection at Calder Hwy and Maiden Gully Rd will require signalisation at a future time. This will be considered in more detail at the planning permit stage with the applicant. It will also be considered as part of the Maiden Gully Structure Plan and Development Contributions Plan. This development however could not be included in the DCP as it will already be developed. A separate payment, if Council considered appropriate would therefore need to be negotiated with the developers. An External Infrastructure Report by Terraco details that power, telecommunications, drainage, sewer and water services can be provided to the site. Community The Amendment will accommodate the establishment of a new educational facility and public open space in an area identified for future population growth. The development will create new employment, private education opportunities, and public open space for the growing community. The public open space oval and associated infrastructure will be shared between the Maiden Gully community and the school. It is proposed that the development capacity of the school will grow as the surrounding residential area develops, with maximum capacity expected 10 years after opening. This may be earlier, dependant on demand.

Conclusion

It is recommended that Council adopt the Amendment in its current form and forward the adopted Amendment to the Minister for Planning to Approve. This will complete the Amendment process and the zone will be changed.


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Options

Section 29(1) & (2) of the Planning and Environment Act 1987 states that a Planning Authority may adopt an amendment or part of an amendment with or without changes. Section 22(2) of the Planning and Environment Act 1987 states that Council may consider a late submission, but must do so if directed by the Minister for Planning. The Planning Authority may abandon the amendment under Section 28 of the Planning and Environment Act 1987.

Resource Implications

As the school and surrounds develop, Council may be pressured to fund the signalisation of the Calder Hwy and Maiden Gully Rd. Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees as per the Policy for private Planning Scheme Amendments adopted by Council. There will be a small impact on the Responsible Authority relating to future buildings and works planning permits.

Attachments

• Submissions (7) • Explanatory Report

RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Accept the late submission(s) from VicRoads

2. Adopt Greater Bendigo Planning Scheme Amendment C145 without changes.

3. Forward the adopted Amendment to the Minister for Planning for Approval.


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2.2 PLANNING SCHEME AMENDMENT C197 - REZONING OF 10 -14 MACKENZIE STREET, BENDIGO (VIEW HILL) TO BUSINESS 5 AND AMEND OVERLAYS TO FACILITATE REDEVELOPMENT, CONSIDER AUTHORISATION REQUEST


Author Emma Bryant, Coordinator Policies and Proces ses Responsible Prue Mansfield, Director Planning and D evelopment Director

Summary/Purpose

This proposed Amendment will change the zone to allow the All Saints’ Anglican Church, grounds, school and Master’s Residence, known as the ‘View Hill’ Complex, at 10-14 Mackenzie Street, Bendigo, to accommodate a mix of business and residential land uses in a contemporary way while still retaining the heritage fabric. This is an exciting redevelopment opportunity in Central Bendigo close to existing services. The Amendment proposes to rezone the land to Business 5 Zone, apply a Design and Development Overlay and amend the current Heritage Overlays to guide redevelopment. The purpose of this report is to recommend that Council request authorisation from the Minister for Planning to start the formal process for Planning Scheme Amendment C197. The Amendment has been requested by the Anglican Diocese of Bendigo.

Policy Context





The View Hill site is no longer required by the Anglican Diocese of Bendigo and the Diocese wishes to sell the site so that it can be better utilised by the Bendigo community. Prior to selling, the Diocese wishes to establish planning controls for the site that retain the existing historic buildings but also allow for a flexibility of new uses, and to provide guidelines for redevelopment.


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Suitable uses suggested by the Diocese for the site include boutique offices, residential apartments, community meeting spaces, gallery, medical centre, hotel and conference centre, all of which can be accommodated in the proposed Business 5 Zone. The Diocese would also like the option of speciality retail in the School and Master’s residence and this is accommodated in the Amendment by allowing for non-conforming uses under the Heritage Overlay. The Minister for Planning is considering merging the Business 5 Zone and the Business 1 Zone into a Commercial 1 Zone which would mean more retail uses could be considered across the site. This will not greatly impact on the resulting development as the overlay controls will ensure that all new development including retail, is sensitive to the site’s heritage attributes. Representatives of the Diocese have met with the City’s Planning officers, Heritage Advisor and Place Manager a number of times since December 2011 to discuss the amendment proposal. The City identified a number of errors in the existing heritage controls on the site that needed to be corrected, and recommended that the applicant prepare a Conservation Management Plan to help guide the redevelopment and reuse of the All Saints’ Anglican Church, School and Master’s Residence. The ‘All Saints’ Anglican Church, School and Master’s Residence, Bendigo Conservation Management Plan, Minerva Heritage, August 2012’ (CMP) determined that the site is of historic, cultural and landscape significance. It includes the spot understood to be the location of the first Christian service held in Bendigo, and the location of the Red Ribbon anti-mining licence rally in 1853. The Church is the oldest in Bendigo, built in 1856, and is the last remaining example of an early English Gothic Rudimentary style Church constructed of the local Ordovician stone. It also contains significant stained glass windows, including two assessed as of state significance. The associated School and Master’s Residence, built in 1877 and linked by a Gothic archway, have been assessed in the CMP as of State Significance. They are intact both internally and externally and are in good condition. A Design and Development Overlay schedule has been prepared to provide further guidance for new development on the site. The Overlay identifies 3 different development zones of varying intensity, with little or no development at the front of the site, higher intensity development at the rear and moderate in between. The key steps in the amendment process are summarised below:


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Report

The Planning and Environment Act 1987 allows for a Planning Scheme Amendment to be initiated by a municipal Council, or a Council can respond to a request for an amendment by any person or body. When requesting authorisation from the Minister for Planning, an Explanatory Report must be submitted that discusses the purpose, effects and strategic justification for the amendment. Key issues identified in the Explanatory Report are summarised below. (Full copy attached). Land Affected by the Amendment The land directly affected by the Amendment is 5,400 m2 in size and is bounded by View Lane and the View Street Business 1 Precinct to the north east, Residential and Business 1 land to the north west, Forest Street and Residential 1 land to the south west and Business 1 Zone on Mackenzie Street to the south east. The main part of the site is zoned Special Use Zone Schedule 1 ‘Private Educational or Religious Institutions’ with a small section of Business 1 Zone adjoining View Lane (probable error) and small area of Residential 1 along the access lane. The site is currently covered by Heritage Overlay 167 ‘All Saints’ Cathedral’ and Heritage Overlay 261 ‘Sunday School Residence’, although the boundaries of these do not reflect the buildings on site, Heritage Overlay 273 ‘Atkinson Building’ in part and Heritage Overlay 3 ‘Bendigo Civic Precinct’ in part. The north-east portion of the land comprises a former tennis court which is flat land used for informal car parking. The parsonage stood here until its demolition in 1957. The site has direct vehicle access to Forest Lane at the rear. Between this portion of the land and View Lane is a battered slope with a vertical height of about 3.5 metres. The Diocese does not own View Lane but has a right of access to it which is on the title. Elsewhere on the site, the land slopes gently upward from the corner of Mackenzie Street and View Lane, with the Old Cathedral on a ‘plateau’ with the highest portion of the site closest to Forest Street at the western end.


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Figure 1. All Saints’ Anglican Church, School and Master’s Residence

10 – 14 Mackenzie Street, Bendigo

Figure 2 All Saints Church from the south west


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Figure 3 Master’s Residence and School

Figure 4 Proposed development areas What the Amendment Does The Amendment proposes to:

• Rezone the site from Special Use Zone 1 ‘Private Educational or Religious Institutions’, Business 1 Zone and Residential 1 Zone to the Business 5 Zone.


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• Apply the new Design & Development Overlay Schedule 12 ’View Hill Development Site’ to the Church and grounds (not the School and Master’s residence) where most of the new development will occur.

• Amend the Schedule to the Heritage Overlay for HO 167 and HO261 to better align the boundaries with the properties and update to include recommendations from the Conservation Management Plan:

• Delete Heritage Overlay 3 ‘Bendigo Civic Precinct’ and Heritage Overlay 273 ‘Atkinson Building’ as errors.

• Include the ‘All Saints Anglican Church, School and Master’s Residence Conservation Management Plan’ as a reference document.

Social, Environmental & Economic Impacts The environmental, social and economic effects have been considered in the assessment of this proposal. Overall the proposal will have a positive effect on the Bendigo community. The Amendment will stimulate economic development by allowing for more intensive development in a central location and consequently provide potential new patrons for nearby shops, cafes and the Bendigo Art Gallery. It has environmental benefits in that it strongly encourages re-use of existing buildings and being close to services is not car dependent. The Amendment will result in positive social effects in that it will retain heritage assets for future generations, while also allowing redevelopment for the benefit of the community. The site is very well located for residential and office development, being close to the CBD, public transport and health and cultural facilities. Any future development will require a planning permit. An intensive development at the rear of the site could generate significant amounts of traffic but parking and access arrangements will be considered in more detail at the planning permit stage of any development. The site is covered by the Bendigo CBD Parking Overlay which encourages sustainable transport and reduced on-site car parking. Traffic could access the site using View Lane and the existing driveway off Forest Lane. At present the former tennis court area already provides for the informal parking of up to 40 cars. The proposed DDO and the prepared CMP will ensure that any proposed development on the site is sensitive to both the heritage assets and the neighbouring historic precincts through the planning permit process. A large new building at the rear of the site could be up to four stories above ground level and not interrupt significant view lines from adjoining precincts with appropriate design. The building would be hidden from View Street by the existing row of shops, and from Rowan Street to the north by the existing two-storey buildings. From Forest Street and from the south, a new building would possibly be visible, but it would be partly concealed by the church and the former school and master’s residence. There is no significant vegetation on the site, however there are several garden trees which could be incorporated into a new landscaping plan.


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Strategic Justification/Planning context The Amendment is consistent with the following policies contained within the State Planning Policy Framework and the Local Planning Policy Framework:

• Clause 11.02 Supply of Urban land • Clause 11.05-1 Regional Settlement network • Clause 15.01-1 Urban Design • Clause 15.01-5 Cultural identity and neighbourhood character • Clause 15.03-1 Heritage conservation • Clause 16.01-2 Location of residential development • Clause 17.01 Business • Clause 18.02-1 Sustainable transport • Clause 21.03 Vision • Clause 21.06-1 Housing • Clause 21.07-2 Economic development • Clause 21.08-3 Environment Strategies • Clause 22.06 Heritage Policy

The proposed Amendment responds to the above strategies by providing a residential and business growth opportunity in the existing inner urban area close to existing services, facilities and sustainable transport that will strengthen Bendigo’s role as a major regional city. The Amendment also supports a high standard of urban design and amenity by encouraging renewal and re-use of existing buildings and promoting high quality design of new buildings. It also supports the strategies of conserving heritage places. The Commercial Land Strategy recognises the Bendigo Arts Precinct (View Street area) as one of four key supporting precincts to the Bendigo Central Business District (CBD). The Bendigo Arts Precinct is described within the Strategy as an area that comprises a mix of antiques stores, professional services and cultural facilities. Expanding the Precinct by rezoning the All Saints’ Anglican complex will support the objectives of the Commercial Land Strategy by reinforcing the primacy of the CBD and by introducing a diverse range of activities including residential. The amendment also supports the Bendigo Residential Strategy by providing for the opportunity of high density residential near the CBD.


Internal Comments on the Amendment were sought from the City’s Place Manager and the Transportation Engineer. Both were supportive of the Amendment. The Transportation Engineer said that traffic management issues can be considered in detail at the planning permit stages but didn’t foresee any critical problems.


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External Preliminary discussions have been held with Department of Planning and Community Development, which did not raise any concerns. Future consultation The Amendment will be publicly exhibited for a minimum of a month, as required under the Planning and Environment Act 1987. The City must give notice of Amendments to all owners and occupiers who may be materially affected by an Amendment, together with prescribed Ministers and relevant public authorities. The Amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper. We anticipate that there will be interest in the proposal from surrounding business and residential land owners around potential heritage impacts and impacts on their amenity from possible future development.

Conclusion

This Amendment will facilitate the transformation of the All Saints’ Anglican complex from a place used for religious and educational purposes to a place that can accommodate a mix of business and residential land uses while still retaining the heritage fabric. The Amendment supports many policies in the Planning Scheme around heritage conservation, urban design and urban consolidation. It provides an exciting redevelopment opportunity for Bendigo. It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the Amendment.

Options

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

Planning to authorise preparation and exhibition of the Amendment (officer’s recommendation); or

• Refusing the request to prepare an Amendment. Under the Planning and Environment Act 1987 there is no right of review of a council's decision not to support preparation of an amendment.


Officer time will be required to prepare the Amendment documentation for authorisation, exhibition, manage the exhibition process and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees and extra costs incurred by the City as per the Policy for Private Planning Scheme Amendments adopted by Council.


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The Amendment will introduce extra permit triggers into the Planning Scheme but this is to be expected with such a large development site in a prominent location. The resources used to assess these applications will be partially off-set by fees and increased economic development. The proposed Heritage Overlays on the Church, School and Residence include permit approvals for internal works as recommended by the CMP because of their significant interiors. This will cause some extra permits which will be partially off-set by fees.

Attachments

• Draft Explanatory Report • Draft Design and Development Overlay • Executive Summary Conservation Management Plan • Amendment maps

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Request the Minister for Planning to authorise Council to prepare Amendment C197

to the Greater Bendigo Planning Scheme. 2. Request that the Minister for Planning authorise Greater Bendigo City Council to

approve Amendment C197 once it has been certified by the Secretary of the Department of Planning and Community Development

3. When Authorised by the Minister, exhibit Amendment C197 to the Greater Bendigo

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


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2.3 PLANNING SCHEME AMENDMENT C195 - INDUSTRIAL 3 R EZONING - CONSIDERATION OF AUTHORISATION REQUEST: 41 - 45 HAM STREET, 47 - 65 HAM STREET & 195 ALLINGHAM STREET, GOLDEN SQUARE


Author Geoff Neville, Planner, Amendments and Herit age Responsible Prue Mansfield, Director Planning and D evelopment Director

Summary/Purpose

The amendment will allow for the slight expansion (1.6 Ha) of the Golden Square Industrial Precinct by rezoning residential zoned land to Industrial 3 Zone on Allingham and Ham Streets. The purpose of this report is to recommend that Council request for authorisation from the Minister to Planning to start the formal process for Planning Scheme Amendment C195. This Amendment has been requested by private landholders.

Policy Context

Council Plan 2009-2013 (Updated 2012) Economic Development - Strategy

2.5 Continue to support the municipality’s diverse business and rural sector.


Conceptz Town Planning, on behalf of landowners (QME (Quarry and Mining Engineering) and GEM Uniform Services), enquired about rezoning 47 – 65 Ham and 195 Allingham streets to Industrial 3 Zone from Residential 1 Zone to allow expansions of QME and to reflect an existing land use at GEM Uniform Services.


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The Amendment is for land within an area on the north side of Ham Street between Coonooer and Allingham Streets which is a mixture of residential and industrial uses with residential properties abutting industrial land at the rear. This includes 5 properties which have split zonings of both Residential 1 Zone and Industrial 3 Zone on each title. It is likely this zoning pattern was intended to provide a buffer between exiting residential buildings and the industrial uses to the north. The following zone map best describes the current interface between the Residential 1 Zone and Industrial 3 Zone land along Ham Street.

Figure 1 Golden Square Industrial Precinct & Ham St reet Residential interface The initial intent by the proponent was to rezone land for their clients QME and GEM Uniform Services only. The Planning Department then discussed with the proponent the advantage of having properties along the north side of Ham Street rezoned to Industrial 3 Zone, especially 9-19, 27 and 33-39 Ham Street where the titles are currently split into the Residential 1 Zone and Industrial 3 Zone. The Planning Department requested the proponent to contact all the residential owners between 195 Allingham Street and 47-65 Ham Street to see whether any of the owners wanted their land rezoned from Residential 1 Zone to Industrial 3 Zone as part of this amendment. The residence at 41-47 Ham Street requested to be placed in the Amendment to have their site consolidated from Residential 1 Zone and Industrial 3 Zone to just Industrial 3 Zone. All other land owners chose to remain out of this privately sponsored Amendment, including those with both the Residential 1 Zone and Industrial 3 Zone on their titles at 9-19, 27, 33-39 and 41-45 Ham Street.


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Currently there has not been any detailed assessment to strategically justify a substantial expansion of the Golden Square Industrial Precinct to include all 4.4 hectares of residential land along Ham Street. The Bendigo Industrial Land Strategy 2002 (Planning Scheme Reference Document) does mention a development opportunity to expand the industrial precinct further south, but a detailed assessment would be required prior to considering a major expansion. Therefore City officers are recommending that only 1.6 hectares of residential zoned land be rezoned for industrial use until such time the Bendigo Industrial Land Strategy 2002 is reviewed.

Report

The Planning and Environment Act 1987 allows for a Planning Scheme Amendment to be initiated by a municipal Council, or a Council can respond to a request for an amendment by any person or body. When requesting authorisation from the Minister for Planning, an Explanatory Report must be submitted that discusses the purpose, effects and strategic justification for the amendment. Key issues identified in the Explanatory Report are summarised below. (Full copy attached). Land Affected The Amendment directly affects 195 Allingham Street, 41–45 Ham Street (in part) and 47-65 Ham Street, Golden Square. The sites are flat and void of remnant native vegetation. All three sites abut Industrial 3 Zone land to the north. Further north into the Golden Square Industrial Precinct the land is classified as Industrial 1 Zone. Residential 1 Zone land runs along the northern side of Ham Street while a mix Low Density Residential Zone and Residential 1 Zone land runs along the south of Ham Street. No overlays apply to the land.

Figure 2 GEM Uniforms, 195 Allingham Street, Golden Square


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The property is zoned as Residential 1 Zone and has operated as an industrial laundry for over 25 years. GEM has operated on the site for 15 years. The use of the site for an industrial laundry is non-conforming under the Residential 1 Zone. Established ‘existing use rights’ have enabled the continuous use and development of the site as an industrial laundry. A number of extensions to the existing building have taken place over recent years (with planning approval), such that most of the site has now been developed.

Figure 3 QME, 47 – 65 Ham Street, Golden Square QME at 47-65 Ham Street manufacture mining and quarry machinery. The property is currently split into two zones with the rear section being used for storage. The rear of the site is Industrial 3 Zone, while the Ham Street frontage is Residential 1 Zone. QME wishes to expand its business into the current Residential 1 Zone area.

Figure 4 Private Residence, 41 – 45 Ham Street, Gol den Square


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The residential owner of 41-45 Ham Street adjoining 47-65 Ham Street requested that part of their property be rezoned from Residential I Zone to Industrial 3 Zone so that all of the property is zoned Industrial 3. A single dwelling exists at the front of the site, with a large shed utilised as a workshop located at the rear. What the Amendment Does The amendment:

� Rezones land at 195 Allingham Street, and parts of 41-45 and 47-65 Ham Street, Golden Square, from Residential 1 Zone to Industrial 3 Zone; and

� Applies the Environmental Audit Overlay to land at 195 Allingham Street. Key Issues The environmental, social and economic impacts have been considered in the assessment of the proposal. Key issues:

• Impact on neighbouring residences: - The Amendment should have no adverse impact on the residences in the

area. A purpose of the Industrial 3 Zone is to ensure that uses do not affect the safety and amenity of more adjacent, more sensitive land uses. The impact of development on the neighbouring non-industrial interface is a consideration within the Decision Guidelines of the Industrial 3 Zone. All existing residences along Ham Street interface with Industrial 3 Zone land. The Amendment continues this interrelationship between residential and light industrial uses on the periphery of the Golden Square Industrial Precinct.

• Expansion of an existing industrial precinct:

- The three separate sites are located on the periphery of the Golden Square Industrial Precinct. The proposed rezoning will allow the future development and expansion of new and existing businesses which contribute to the economic benefits of the community. The site has good road linkages to the Calder Highway. The expansion is only minor and will not adversely impact on the supply of industrial zone land.

• Land Contamination:

- ‘Dry cleaning’ (industrial laundry) has a high potential of creating land contamination therefore an Environmental Audit Overlay is required on 195 Allingham Street under Ministerial Direction Number 1 Potentially Contaminated Land, to prevent the site from being used for a sensitive use (such as a childcare centre) without remediation.

• Servicing: - 47-65 Ham Street is not connected to reticulated sewerage. As a condition

of any future building development connection to reticulated sewerage would be stipulated as a planning permit condition for the construction of a building on the site.


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Strategic Justification in Planning Context The Amendment is consistent with the following policies contained within the State Planning Policy Framework and Local Planning Policy Framework: • Clause 11.02-1 Supply of urban land • Clause 11.05-1 Regional settlement networks • Clause 11.05-4 Regional planning strategies and principles • Clause 17.02 Industry • Clause 21.07 Economic Development • Clause 22.5 Industrial Policy The Amendment responds to State Planning Policy, the Municipal Strategic Statement and Local Planning Policy by facilitating the economic development of existing businesses by facilitating the minor expansion and redevelopment of an existing industrial precinct. The Planning Scheme Amendment is strategically justified because it corrects minor anomalies and supports the Bendigo Industrial Land Strategy 2002. The rezoning of 1.6 hectares of Residential 1 Zone land to Industrial 3 Zone is an incremental change for the Golden Square Industrial Precinct which is currently 77.5 hectares in area. The selection of the Industrial 3 Zone is justified because the purpose of the zone is to encourage a buffer of more benign industrial uses between residential zone land heavier industrial uses that can occur in the Industrial 1 Zone area in the northern section of the Golden Square Industrial Precinct.


Consultation by Applicant: Conceptz Town Planners contacted all the residential owners between 195 Allingham Street and 47-65 Ham Street to see whether any of the owners wanted their land rezoned from Residential 1 Zone to Industrial 3 Zone as part of this amendment. Internal Consultation The Planning Department consulted with the Economic Development Unit which indicated support of the removal of the dual zoning at 47-65 Ham Street because the current situation does impede the ability for QME to expand and use the entire site for industrial purposes. The Department also consulted with the City’s Strategy Unit which did not raise any concerns. External Consultation: Comments were sought from the Country Fire Authority (CFA) who is satisfied with the Amendment as proposed because the rezoning is within an established urban area.


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Proposed Future External Consultation The documents will be publicly exhibited for a minimum of a month, as required under the Planning and Environment Act 1987. The City must give notice of Amendments to all owners and occupiers who may be materially affected by an Amendment, together with prescribed Ministers and public authorities. The Amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper. The proposed industrial rezoning is an area that contains a mixture of land uses. Residences along the north side of Ham Street have already been consulted and no opposition to the proposed rezoning was raised at that time. Low Density Residential landholders along the south side of Ham Street are unlikely to be concerned with the industrial rezoning because Ham Street acts as buffer between the intensive land uses to the north and the Low Density Residential area to the south.

Conclusion

The rezoning is supported as it will facilitate a minor expansion of the Golden Square Industrial Precinct to allow expansion of an existing business and recognise GEM Uniform Services as an industrial land use. Remaining residential zoned land in the area should not be adversely affected because a purpose of the Industrial 3 Zone is to ensure that uses do not affect the safety and amenity of more adjacent, more sensitive land uses. All industrial uses require a permit. Only industry uses that are compatible with surrounding residential land are permitted. The Amendment as proposed does not conflict with any policy or provisions within the Greater Bendigo Planning Scheme. It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the Amendment.

Options Council has the option of:

• Supporting the Amendment proposal and making a request to the Minister for Planning to authorise preparation and exhibition of the Amendment.(officer’s recommendation).

• Refusing the request to prepare an Amendment. Under the Planning and Environment Act 1987 there is no right of review of a Council's decision not to support preparation of an Amendment.


The Amendment is not likely to result in an undue increase in planning permits. Officer time will be required to prepare the Amendment documentation for authorisation, exhibition, manage the exhibition process and liaise with the Department of Planning & Community Development (DPCD).


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The proponent has agreed to pay for the statutory fees and extra costs incurred by the City as per the Policy for private Planning Scheme Amendments adopted by Council.

Attachments

� Draft Explanatory Report � Draft Planning Scheme Maps

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Request the Minister for Planning to authorise Council to prepare Amendment C195

to the Greater Bendigo Planning Scheme. 2. Request that the Minister for Planning authorise Greater Bendigo City Council to

approve Amendment C195 once it has been Certified by the Secretary of the Department of Planning and Community Development.

3. When Authorised by the Minister, exhibit Amendment C195 to the Greater Bendigo

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


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2.4 PLANNING SCHEME AMENDMENT C162 - IMPLEMENTING T HE FORMER MARONG HERITAGE STUDY (HERITAGE POLICY CITATIONS) PART 2


Author Geoff Neville, Planner - Amendment & Heritag e Responsible Prue Mansfield, Director Planning and D evelopment Director

Summary/Purpose

Amendment C162 Part 2 proposes to apply heritage protection to 5 places which are identified in the Greater Bendigo Heritage Policy Citation Review 2011:

• Symbester House, 19 Symbester Crescent, Eaglehawk;

• Kangaroo Flat Butcher Shop, 138 High Street, Kangaroo Flat;

• Woodville, 2 Olympic Parade, Kangaroo Flat;

• Bluestone culverts within High Street, Axedale;

• Flagstaff Hill Service Basin, 328 Staley Street, California Gully. The purpose of this report is to recommend that Council accept the Panel recommendation and adopt the Heritage Policy Citation Amendment C162 Part 2 to the Greater Bendigo Planning Scheme. The Panel supported adoption of the Amendment with minor changes.

Policy Context





The key steps in the Amendment process are summarised below:


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In 2010, the City of Greater Bendigo began a review of proposed heritage listings from the former Rural City of Marong. The Greater Bendigo Heritage Policy Citation Review 2011 identified 64 properties with heritage value warranting application of the Heritage Overlay. Planning Scheme Amendment C162 was split into two following exhibition. Part 1, comprising 58 properties for heritage protection (where there was agreement between the City and the owners) was adopted by Council on the 25 July 2012. Part 2 containing 5 properties (where there was not agreement) was forwarded to an independent Panel for consideration.


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Previous Council Decisions 14 December 2011 Council resolved to request for ministerial authorisation to prepare

and exhibit Amendment C162. 25 July 2012 Council resolved to adopt Amendment C162 Part 1 after exhibition

and request the Minister for Planning to appoint an Independent Panel to analyse Amendment C162 Part 2.


Amendment C162 was publicly exhibited for one month from 5 April 2012 to 18 May 2012 as required by the Planning and Environment Act 1987. 14 submissions were received during the exhibition period including 8 supporting & neutral submissions and 6 submissions requesting change. 3 submissions were resolved while the remaining 11 were forwarded to the Panel. (See attachment – Amendment C162 Part 2 Summary Table of Submissions referred to Panel) All submitters will be notified of Council’s decision resulting from this report.

Report

Amendment C162 Part 2 proposes to apply heritage protection to 5 places which are identified in the Greater Bendigo Heritage Policy Citation Review 2011:

• HO 376 Symbester House, 19 Symbester Crescent, Eaglehawk;

• HO 509 Kangaroo Flat Butcher shop, 138 High Street, Kangaroo Flat;

• HO 521 Woodville, 2 Olympic Parade, Kangaroo Flat;

• HO 853 Bluestone culverts within High Street, Axedale;

• HO 328 Flagstaff Hill Service Basin, 328 Staley Street, California Gully. Social, Economic and Environmental Effects The Amendment is expected to have a positive social benefit for the community by providing protection for places with significant historic, architectural, aesthetic, scientific and cultural values. The application of the Heritage Overlay will also allow landholders to be eligible loans to apply for loans under the City of Greater Bendigo, Heritage Restoration Loan Scheme. Panel Report In summary, the Panel supported Council’s position in the application of the Heritage Overlay on all 5 properties but with minor changes.


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Symbester House

Figure 1a: Symbester House - 19 Symbester Street, Eaglehawk

Figure 1b: Symbester House Issues:

• Whether the application of a Heritage Overlay is unconstitutional; • Whether the Heritage Overlay should apply to Symbester House Panel response:

“The Panel’s consideration of the issues raised in submissions has proceeded on the basis that the Planning and Environment Act 1987 is lawful. The Panel is satisfied that Symbester house has a level of local heritage significance associated with cultural history due to associations with William Bruce and the co-location of a residence and a manufacturing place of work and aesthetic/architectural significance.”


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Panel recommendation:

“Reduce the extent of the exhibited HO367 (Symbester House, 19 Symbester Crescent, Eaglehawk) to apply from the property frontage to a depth extending to 3 metres beyond the original part of the house. (Shown in Figure 1b.)” Officer recommendation:

Support Panel recommendation. Kangaroo Flat Butcher Shop

Figure 2a: Butcher Shop - 138 High Street, Kangaro o Flat

Figure 2b: Butcher Shop Issue:

• Whether the Heritage Overlay should apply to the Butcher Shop.


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Panel response:

The Panel is satisfied that the local heritage significance of the butcher shop should be taken into account in future planning decisions and is sufficient to justify the application of the HO. However, the Panel endorses a reduction in the extent of the HO as the heritage values intended for protection do not extend to the rear of the property which is either vacant or has been rebuilt. Panel recommendation:

Reduce the extent of the exhibited HO509 (Kangaroo Flat butcher shop, 138 High Street, Kangaroo Flat) to apply a depth of 8 metres from the High Street frontage. (Shown in Figure 2b.) Officer recommendation:

Support Panel recommendation. Woodville

Figure 3a: Woodville - 4 Olympic Parade, Kangaroo Flat

Figure 3b: Woodville Issues:

• Whether the Heritage Overlay should apply to the driveway and the rear.


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• Whether fees should be waived for application for permit under the Heritage Overlay;

Panel response:

“Council’s submission to the Panel advised that further heritage advice since the Directions Hearing from Anita Brady of Lovell Chen indicated that she agrees with the requested removal of the driveway and additional land at the rear from the HO521. Council officers support this change. The Panel also endorses this resolution of the issue.

The Panel has not been persuaded that exemption from planning permit fees is justified.” Panel recommendation:

“Reduce the extent of HO521 (Woodville, 2-4 Olympic Parade, Kangaroo Flat) to exclude lots 2 and 2A, the driveway, and land to the west of the driveway. (Shown in Figure 3b.)” Officer recommendation:

Support Panel recommendation. Axedale Bluestone Culverts

Figure 4a Bluestone Culverts - High Street, Axedale


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Figure 4b Bluestone Culverts Issue:

• VicRoads did not object to the application of the Heritage Overlay but requested clarification on whether routine maintenance of road works requires a planning permit under the Heritage Overlay.

Panel response:

“The Panel consider the HO makes appropriate provision for routine repair and maintenance of road works and there is no need to change the HO permit requirements for these works.” Officer comments:

The Planning Department supports the Panel’s interpretation of the HO provisions. Flagstaff Hill Service Basin

Figure 5a: Flagstaff Hill Service Basin - Californ ia Gully


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Figure 5b: Flagstaff Hill Service Basin Coliban Water did not contest the heritage significance of the Flagstaff Hill Service Basin. Panel discussion:

“Council’s submission advised that Coliban Water raised concerns during the exhibition process about the implications of the proposed HO328 for the development of the former Flagstaff Hill Service Basin for a reservoir to service Eaglehawk and surrounds, if the need arises. Coliban Water was informed by Council that the HO would not prohibit development of this strategically positioned site for a water supply reservoir and a planning permit application would assess the net benefit to the community of retaining the remnants of the former Flagstaff Hill Service Basin against that of providing a reliable water supply.” Officer comments:

The Planning Department are of the view that the Heritage Overlay should be applied to the former Service Basin in the absence of any commitment from Coliban Water to redevelop the site as a modern water supply reservoir.

Conclusion

The Panel endorses the application of Heritage Overlays on the 5 places identified as having local heritage significance as proposed in Amendment C162 Part 2. Consequently it is concluded that the Greater Bendigo Council should adopt Amendment C162 Part 2 with changes as recommended by the Panel. The recommendations being: 1. Reduce the extent of the exhibited HO367 (Symbester House, 19 Symbester

Crescent, Eaglehawk) to apply from the property frontage to a depth extending to 3 metres beyond the original part of the house.

2. Reduce the extent of the exhibited HO509 (Kangaroo Flat butcher shop, 138 High Street, Kangaroo Flat) to apply a depth of 8 metres from the High Street frontage.


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3. Reduce the extent of HO521 (Woodville, 2-4 Olympic Parade, Kangaroo Flat) to exclude lots 2 and 2A, the driveway, and land to the west of the driveway.

4. Apply the Heritage Overlay to the Axedale Bluestone culverts.

5. Apply the Heritage Overlay to the Flagstaff Hill Service Basin.

Options Council has the option of • Adopting the amendment in accordance with the Panel’s recommendations and

sending to the Minister for Planning for Approval. (Officers’ recommendation) • Abandoning the amendment. • Making changes to the amendment different to the Panel’s recommendations and

sending to the Minister for Approval with an explanation detailing why the Panel’s recommendations were not accepted.


Adoption and approval of Amendment C162 Part 2 will have some impact on the City’s resources to assess future planning permit applications triggered by the Heritage Overlays, however, these will be partially offset by permit fees.

Attachments

• Panel Report • Explanatory Report • Amendment Documents for adoption • Summary Table of Submissions • Submissions referred to Panel

RECOMMENDATION

That the Greater Bendigo City Council having considered the Panel Report, resolves to: 1. Adopt Greater Bendigo Planning Scheme Amendment C162 Part 2 with changes as

recommended by the Panel. 2. Forward the adopted Amendment to the Minister for Planning for Approval.


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2.5 SUBDIVISION OF THE LAND INTO 18 LOTS - 51 TAYLO RS LANE, STRATHFIELDSAYE


Author Stephen Wainwright, Coordinator Subdivisions Responsible Prue Mansfield, Director Planning & Dev elopment Director

Summary/Purpose

This report concerns a planning permit application to subdivide the land at 51 Taylors Lane, Strathfieldsaye into 18 residential lots. There is one objection to the application from the owners of an adjoining property in Taylors Lane who argue that the subdivision will change the semi-rural character of the area. This report assesses the merits of the proposed subdivision and discusses the issues raised by the objector. The report concludes that the proposal complies with the Planning Scheme.

Policy Context




Report

Application No: DS/777/2012 Application Date: 15 October 2012 Applicant: B W Retallick Land: 51 Taylors Lane, STRATHFIELDSAYE Zoning: Residential 1 Zone Overlays: Nil.


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Subject Site and Surrounds

The site is located in Strathfieldsaye, 600m south of Wellington Street. The site consists of a single land parcel covering 2.064ha which is described as Lot 2 on Plan of Subdivision 645127C. The site has a 14m wide frontage to Taylors Lane, while the rear boundary of the site is much wider at 182m. A 16m wide carriageway easement traverses the site in a north-south direction. A single detached dwelling is situated towards the front of the site. Most of the site has been cleared of native vegetation but there are some scattered trees present on the site.

Figure 1 : A location map showing the site. The objector's property is marked with a star. Proposal

It is proposed to subdivide the site into 18 residential lots. Lot 1 will be a large lot containing the existing dwelling on the site, while the balance of the subdivision will consist of conventional suburban lots mostly around 750m2. A north-south street will be constructed along the alignment of the existing carriageway easement in order to service the new lots. This street will be an extension of Camden Way which forms part of the Elsworth Park Estate to the south of the site. The existing carriageway easement on the site will be made redundant by the new street and thus will be removed. All the lots in the subdivision will be fully serviced. All native vegetation on the site will be deemed to be lost as a result of the subdivision.

Planning Controls - Greater Bendigo Planning Scheme

The site is located within the Residential 1 Zone. A permit is required to subdivide the site pursuant to the zone provisions. A permit is also required to remove native vegetation pursuant to clause 52.17 in the Planning Scheme, and to remove the carriageway easement pursuant to clause 52.02. The following clauses in the Planning Scheme are relevant to the application.


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State Planning Policy Framework � Regional development (clause 11.05). � Biodiversity (clause 12.01). � Urban environment (clause 15.01). � Sustainable development (clause 15.02). � Residential development (clause 16.01). � Movement networks (clause 18.02). � Development infrastructure (clause 19.03). Municipal Strategic Statement � Municipal profile (clause 21.01). � Key issues and influences (clause 21.02). � Vision - strategic framework (clause 21.03). � Strategic directions (clause 21.04). � Settlement (clause 21.05). � Housing (clause 21.06). � Reference documents (clause 21.10). Local Planning Policies � Salinity and erosion risk policy (clause 22.04). Other Provisions � Residential 1 Zone (clause 32.01). � Easements, restrictions and reserves (clause 52.02). � Native vegetation (clause 52.17). � Residential subdivision (clause 56). � Decision guidelines (clause 65). � Referral and notice provisions (clause 66).


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

Referral Comment

Coliban Water No objection subject to conditions

Powercor No objection subject to conditions

Telstra No objection subject to conditions

Tenix No objection subject to conditions

DSE No objection subject to conditions

CFA No reply

Drainage (internal only) No objection subject to conditions


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Public Notification The application was advertised to the public by mail and an on-site notice. One objection was received from the owners of a property that adjoins the site to the north. The grounds of objection centre upon the impact the subdivision will have on the semi-rural character of the area and visual privacy concerns. These issues are discussed later in this report.

Planning Assessment

The changing character of Taylors Lane Taylors Lane and its surrounds, within which the site is situated, is an area undergoing change. In the past Taylors Lane has been dominated by ranch style homes on large properties. These large lot sizes together with the prevalence of native vegetation has given the area a semi-rural character. However, this rural feel is progressively giving way to a much more suburban subdivision typology. Evidence of new denser forms of development are clearly evident. The subject site directly abuts two relatively new housing estates: the Bassett Drive estate to the east, and the Elsworth Park estate to the south. The Regent Park estate is also nearby in Tannery Lane. There are also a number of small-scale subdivisions in the area, including the proposed two lot subdivision of No.45 Taylors Lane which adjoins both the subject site and the objectors' property. The objectors own the house on the north side of the subject site; it is a large property of over 5,000m2. The house occupies a roughly central position on the property thus providing generous setbacks from all the property boundaries. The objectors are concerned that the proposed subdivision will threaten the amenity of their semi-rural setting. They state:

"Privacy was the main reason for purchase and this would also be severely affected as currently we have no adjoining property near our current residence (sides, rear and front). If this application was approved we would have not one but four blocks directly around us which was not an issue when purchasing or in our current living arrangement."

While the objectors may indeed be alarmed at the density of development proposed along their property boundary the fact that their environment is set to change should not come as a complete surprise. Council's planning strategies point towards the future re-development potential of land in Taylors Lane. The former Strathfieldsaye Township Structure Plan 2001 explicitly contains an outline plan showing how future road networks and house blocks might be laid out in the area. The proposed subdivision generally accords with this indicative layout. Clues to a possible future subdivision of the site are also found in the layout of the Elsworth Estate which provides for an extension of Camden Way along a north-south axis through the subject site. The future extension of Camden Way is protected by a carriageway easement over the subject site.


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Overall it is considered that the proposed subdivision is consistent with Council's long-term vision for the area. Implementing this vision will no doubt change the semi-rural character of the area to some extent. But the reasons advanced by the objectors against the proposal do not justify a departure from the subdivision layout expressed in Council's original structure plan.

Figure 2 : The Outline Development Plan contained in the Strathfieldsaye Township Structure Plan Having regard to the wider residential subdivision matters relevant to the application it is considered that the proposal is an appropriate planning outcome for the site. In particular it is noted that: • The lots created by the subdivision will be fully serviced. • The lots will enjoy good access to services and community facilities in the

Strathfieldsaye township. • The lots will add to the diversity and supply of lots within Taylors Lane and the

Strathfieldsaye area more broadly. • The size and dimensions of the lots will be capable of accommodating a future

dwelling on each lot.


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Native vegetation The site has been assessed as containing two patches of native vegetation defined as Low-rises Grassy Woodland. The two patches are of "medium" conservation significance. All the vegetation will be deemed to be lost as a result of the proposed subdivision. DSE has reviewed the proposal and is satisfied that the loss of vegetation and the offsetting of these losses accords with Victoria's native vegetation management framework. The patches of native vegetation are isolated and lack connectivity with any forested areas. The vegetation is not habitat for any endangered species. For these reasons it is appropriate to allow the vegetation losses.

Conclusion

For the reasons discussed above it is concluded that the proposed subdivision meets the requirements of the planning scheme.

Options

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

Attachments

• Objection.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the subdivision of the land at 51 Taylors Lane, Strathfieldsaye into 18 lots, the removal of native vegetation and the removal of carriageway and drainage easements, subject to the following conditions: 1. PLANS TO BE ENDORSED

The plans to be endorsed and which will then form part of the permit are the plans submitted with the application.

2. LAYOUT PLANS The subdivision, as shown on the endorsed plans, must not be altered without the prior written consent of the responsible authority.

3. LANDSCAPE PLAN Before a statement of compliance is issued for the subdivision a landscape plan must be submitted to the satisfaction of the Responsible Authority. When approved,


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the plan will be endorsed and then form part of the permit.

4. COMPLETION OF LANDSCAPING Before a statement of compliance is issued for the subdivision the landscaping works shown on the endorsed must be carried out and completed to the satisfaction of the responsible authority.

5. LANDSCAPING MAINTENANCE The landscaping works shown on the endorsed plans must be maintained to the satisfaction of the responsible authority for 12 months after the works are completed, including that any dead, diseased or damaged plants are to be replaced.

6. DETAILED DRAINAGE Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater run-off. (b) A point of discharge for each lot. (c) Independent drainage for each lot. (d) Approval from the relevant authority for the point of discharge.

7. DRAINAGE EASEMENTS The subdivision must provide easements for drainage within and through the subject land for external outfall drainage to a point of lawful discharge to the satisfaction of the responsible authority.

8. STORMWATER DETENTION Prior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge: Q5 = 62 l/s; Q100 = 130 l/s. The Responsible Authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $31,000 or such amount applying at the time of payment.

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


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The responsible authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $13,000 or such amount applying at the time of payment.

10. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Fully sealed pavement with kerb and channel. (b) Paved footpaths. (c) Underground drainage. (d) Underground conduits for water, gas, electricity and telephone. (e) Appropriate intersection and traffication measures. (f) Appropriate street lighting and signage. (g) High stability permanent survey mark(s).

11. SECTION 173 AGREEMENT If a stormwater detention system or a water quality treatment system is installed on the site, the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987 before a statement of compliance is issued. The agreement must provide for the following: (a) All systems must be designed by a qualified engineer and must be approved by

the responsible authority before construction. (b) All systems must be installed before, or concurrently with, the development of a

building on the site. (c) All systems must be completed before they are connected to Council's drainage

system. (d) All systems must be maintained by the owner and must not be modified without

the written approval of the responsible authority. (e) The owner must allow authorised Council officers to inspect any system on the

site from time to time. (f) The owner must pay all costs associated with the construction and maintenance

of any system on the site.

12. DECORATIVE LIGHTING The decorative lighting style is to be consistent with any adjacent decorative lighting. The responsible authority shall determine decorative lighting style where conflicts arise. The applicant shall submit for approval full details of any proposed decorative lighting to the responsible authority prior to commencement of works. Prior to the issue of the statement of compliance the applicant will make payment to the responsible authority in accordance with Table 15 of the Infrastructure Design Manual.


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

14. CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. The plan must include: (a) A site specific plan showing proposed erosion and sedimentation control works. (b) Techniques and intervention levels to prevent a dust nuisance. (c) Techniques to prevent mud and dirt being transported from the site to adjacent

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

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

15. COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to

each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications.

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


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16. POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act

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

(b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with 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.

(c) The applicant shall: 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. The applicant shall arrange compliance through a Registered Electrical Contractor.

(d) The applicant shall: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision.

(e) The applicant shall: 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.

(f) The applicant shall: Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots.

(g) The applicant shall: Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey.

(h) The applicant shall: Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

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

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

(k) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules.

17. TELSTRA

The plan of subdivision submitted for certification must be referred to Telstra in accordance with Section 8 of the Subdivision Act 1988.

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


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19. COUNTRY FIRE AUTHORITY Hydrants: (a) Operable hydrants, above or below ground must be provided to the satisfaction

of CFA. (b) The maximum distance between these hydrants and the rear of all building

envelopes (or in the absence of the building envelope, the rear of all lots) must be 120m and hydrants must be no more than 200m apart.

(c) Hydrants must be identified as specified in ‘Identification of Street Hydrants for Firefighting purposes’ available under publication on the Country Fire Authority web site (www.cfa.vic.gov.au).

20. VICROADS

The proponent must comply with the Road Management Act 2004, Road Management (Works and Infrastructure) Regulations 2005 and the Road Management (General) Regulations 2005 with respect to any requirements to notify VicRoads and/or seek consent from VicRoads to undertake "works" (as defined in the Act) in, over or under the road reserve. VicRoads, in requesting the inclusion of this condition on this planning permit, is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

21. NATIVE VEGETATION Before vegetation shown on the endorsed plan is removed the offsets described in the approved Offset Plan must be provided to the satisfaction of the responsible authority to compensate for the removal of one large tree of low conservation significance.

22. DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT (a) In order to offset the removal of

• 0.04 Habitat hectares (0.2 hectares) of native vegetation of Ecological Vegetation Class (EVC) 175 Low Rises Grassy Woodland of medium conservation significance.

• 2 small trees of EVC Low Rises Grassy Woodland of medium conservation significance.

approved for removal as part of this permit, the applicant must provide for: • 0.04 habitat hectares of native vegetation, within the Goldfields Bioregion of

Ecological Vegetation Class (EVC) Low Rises Grassy Woodland of medium conservation significance.

• the planting and protection of 20 plants of Ecological Vegetation Class (EVC) Low Rises Grassy Woodland of medium conservation significance.

(b) To provide the required offset, within 12 months of the vegetation removal or prior to the issue of statement of compliance, whichever is sooner, the applicant or owner must either: • Provide to the responsible authority, an Allocated Credit Extract issued by the

Department of Sustainability and Environment Native Vegetation Credit Register which satisfies the required offset, or.

• Commence management of an offsite in accordance with an offset plan endorsed by the responsible authority. The offset plan must be prepared to the satisfaction of and approved by the responsible authority. The offset plan must include:


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• Description of the site where the offset will be provided, including a site plan.

• Schedule of works to achieve the offset over a 10 year period, detailing the: • Management actions to be performed (e.g. fencing, weed control,

pest control, revegetation). • Person(s) responsible for implementing the specific management

actions. • Timeline for the implementation of the management actions. • Method by which management actions will be undertaken. • Standard to which management actions will be undertaken.

When approved, the offset plan will be endorsed and will then form part of the permit.

(c) Within 12 months of native vegetation removal or before a statement of compliance is issued, whichever is sooner: • The endorsed offset site must be permanently protected to the satisfaction of

the responsible authority, ie. via an encumbrance on title. • A copy of the endorsed plan and protection mechanism, eg. title showing

encumbrance, must be lodged with the Department of Sustainability and Environment.

23. EXPIRY OF THE PERMIT

This permit will expire if: (a) The plan of subdivision is not certified within two years from the date of this

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

date of certification of the plan of subdivision. The responsible authority may extend these expiry periods if a request is made in writing before the permit expires or within three months afterwards.


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2.6 FOUR LOT SUBDIVISION AND CONSTRUCTION OF TWO DW ELLINGS - 1 ALBION STREET & 47 CONDON STREET, KENNINGTON


Author Peter O'Brien, Senior Planner Responsible Prue Mansfield, Director Planning & Dev elopment Director

Summary/Purpose

Planning permission is sought for the this proposal. The application is before Council as three objections to the application were received. Issues raised by the application include:

• Whether the proposal accords with Planning Scheme policy relating to medium density infill housing;

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

The policy, character and ResCode merits of this infill development on this site are appropriate and this report recommends the Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit.

Policy Context





The process of this application has been a lengthy one for a number of reasons including multiple amendments to the application plans, two rounds of public advertising and a delay of a number of months when the drafting firm that prepared the application handed carriage of it over to the current applicant.


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Report

Application No: DSD/987/2011 Application Date: 15 December 2011 Applicant: Udevelop Property Development Consultancy Land: 1 Albion Street & 47 Condon Street, KENNINGTON Zoning: Residential 1 Zone Overlays: Nil Subject Site and Surrounds

Figure 1 : Location map showing subject site. The objector property is marked with a star. The subject site contains two lots described as 1 Albion Street (Lot 1 of TP 91885D) and 47 Condon Street (Lot 30 of PS 004134), which were both created by a subdivision in 1939. Both lots are identical in shape and dimension being rectangular and 16.09 metres wide and 40.23 metres deep giving a total area of 1,294.6 sqm. The lots both run on a north east, south west axis.


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1 Albion Street contains an existing single storey, rendered, bungalow style dwelling which fronts that street and was constructed in 1940 and is accessed via a single width crossover located around to the north of the existing dwelling. 47 Condon Street contains an existing single storey, cream brick dwelling which was constructed in 1967 and is accessed via a single width crossover located towards its south western boundary. Both Albion and Condon Streets (as they adjoin both properties) are local roads, with Condon Street only becoming a category 1 (VicRoads) control road where Townsend Street terminates. Both streets have footpath and kerbing and channelling on both sides of the road and the width of the road formation of Albion Street is notably narrower than that of Condon Street being 7.5 metres as opposed to 14.5 metres. Land uses in the immediate surrounds of the subject site are residential. Approximately 200 metres north east of the site is St Therese’s Church and Primary School, and 240 metres to the east are a Pizza, Fish and Chip shop and Laundromat. Proposal

Subdivide land into four lots:

• Lot 1 is proposed to be 432 sqm and contain the existing dwelling at 1 Albion Street. This lot retains a complying area of open space and provides the planning scheme requirement of 2 car spaces. One of the spaces is to be covered by a new carport the other will be uncovered and accessed directly via a new crossover from Albion Street.

• Lot 2 is proposed to be 415 sqm and contain the existing dwelling at 47 Condon Street. This lot also retains a complying area of open space and provides the Planning Scheme requirement of 2 car spaces. One space will be covered by a carport, the other a tandem uncovered spaces behind. The dwelling will be accessed via the existing crossover from Condon Street.

• Lot 3 is proposed to be 162 sqm and will be accessed via the common property. • Lot 4 is proposed to be 195 sqm and will also be accessed via the common property

and in part a carriageway easement. • Common property will consist of an area of 91 sqm. Construction of two dwellings:

Both dwellings proposed are double storey; contain three bedrooms and double attached garages. The only complying areas of secluded private open space for the dwelling to front Albion Street (Lot 3) is via a 3.45 x 3.12 screen balcony. The complying area of open space for Lot 4 is a slightly unusual configuration in that to meets the minimum dimension of 3 metres (at ground level) the upper floor cantilevers into that space – the effect for the future resident being similar to that of an attached verandah/pergola. Each dwelling proposes to be contemporary in style with low pitched hip and gable ends with render at the lower levels and a combination of render and weatherboard at the upper levels.


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The site is within a Residential 1 Zone which triggers the need for a permit to subdivide and construct the new dwellings and fences. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework:

• Open space (clause 11.03). • Regional development (clause 11.05). • Sustainable development (clause 15.02). • Residential development (clause 16.01). • Housing form (clause 16.02). • Integrated transport (clause 18.01). • Movement networks (clause 18.02). Municipal Strategic Statement:

• Municipal profile (clause 21.01). • Key issues and influences (clause 21.02). • Vision - strategic framework (clause 21.03). • Strategic directions (clause 21.04). • Settlement (clause 21.05). • Housing (clause 21.06). • Infrastructure (clause 21.09). • Reference documents (clause 21.10). • Monitoring and review (clause 21.11). Local Planning Policies:

• Strathdale Kennington Character Policy (clause 22.24). Zone:

• Residential 1 Zone (clause 32.01). Other relevant provisions:

• ResCode (clauses 55 & 56). • Decision guidelines (clause 65). • Referral and notice provisions (clause 66).



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

Referral Comment

Powercor No objection subject to conditions

Coliban Water No objection subject to conditions

Telstra No objection subject to conditions

Tenix No objection subject to conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. Following advertising three objections were received, with the grounds of objection being:

• Traffic impacts given proximity to major road and St Therese’s Church/Primary School.

• Overdevelopment of the site.

• Incomplete/incorrect information submitted with the application.

• Lack of appropriate screen to avoid views into adjoining open space (3 Albion Street and 49 Condon Street).

• Lack of provision of retaining walls/drainage detail.

• Impact on existing solar system and gardens caused by overshadowing (49 Condon Street)

The objections are discussed below.

Planning Assessment

Does the proposal accord with Planning Scheme policy relating to medium density housing? Clause 11.05-4 (Regional planning strategies and principles) has objectives to limit urban sprawl and direct growth into existing settlements, promoting and capitalising on opportunities for urban renewal and redevelopment. The objective of Clause 15.01 (Urban environment) aims to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity and subdivisions that are attractive, liveable, walkable, cyclable, diverse and are sustainable neighbourhoods.


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Clause 15.02 Sustainable development seeks to achieve energy and resource efficiency in development proposals and encourages development that is consistent with the efficient use of energy and the minimisation of greenhouse gases. Clause 16.01 Residential development has objectives which promote a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is both water and energy efficient. With respect to local provisions of the Planning Scheme, Clause 21.06 (Housing) and the referenced Bendigo Residential Development Strategy 2004 identifies the land the application has been made on as being within existing urban zoned land (being residential) hence policy support for some form of medium density development on this site exists. In short the State and Local Policy framework of the Greater Bendigo Planning Scheme lends support for an intensification of development on well serviced sites which are in proximity to a full range of urban services. Does the proposal represent an appropriate outcome with reference to Residential Character Policy and ResCode? The site is not subject to a specific overlay that relates to controlling built form (for example a Heritage or Neighbourhood Character Overlay). Despite this character remains an important consideration being the first objective and standard of ResCode. The City’s Residential Character Policy further guides consideration of the appropriateness or otherwise of a new development’s response to character. The site is within the Strathdale Kennington character precinct 4 which the policy describes as:

‘An area of housing mostly built since the 1950s, in which roof shapes are often important as they provide a consistent theme. The horizontal emphasis of the dwelling form results from the long, low elevations of the buildings in relation to their height. In some locations, mature trees in reserves or private gardens dominate the skyline. Absence of front fences in some areas creates an open feel to the streetscape’.

The statement of desired future character is that the ‘The horizontality and articulation of the dwellings, and the openness of streetscapes, will be maintained’. The desired future character is to be achieved by the following objectives and design responses:

Objective Design Responses

To maintain and strengthen the garden settings of the dwellings.

Prepare a landscape plan to accompany all applications for new dwellings. Retain large, established trees and provide for the planting of new trees wherever possible.

Comment: A landscape plan was submitted with the application. The assessing officer requested that mature vegetation on site be retained, an issue with the plan was identified by an objector (a street tree being retained was not shown on the


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plan) and this was rectified by further amendments to the plan. A condition of permit will require the submission of full plan to take the landscape concept to a detailed design.

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

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

Comment: The front setback of the proposed matches the front setback of the existing dwelling on the site being 3.7 metres. This does not meet the preferred design response noted in this policy which would require a setback of 5.8 metres as the adjoining dwelling is setback 7.6 metres. The setback as proposed has been assessed favourably as the design response for the dwelling will not be an unreasonable intrusion in the streetscape given its narrow width and the low pitched roofs that are a result of the narrow width.

To reflect the rhythm of dwelling spacing.

Buildings should have 1 to 3 metre side setbacks.

Comment: A large portion of the dwelling fronting the street (Lot 3) maintains a 1 metre setback off the side boundary (8.3 metres of the 14.29 metre length of the dwelling). From a distance of 8.3 metres from the front wall of the dwelling the 1 metre setback is achieved, with the balance consisting of a single storey wall constructed to the boundary. This treatment provides the required setback. Lot 4 is set off the boundary, with the exception of a single storey portion of wall built to the boundary it shares with 49 Condon Street.

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

Respect the predominant building height in the street and nearby properties. The dwelling should match the typical single storey wall height. Use low pitched roof forms. Articulate front and side facades to reflect building forms in the street.

Comment: The proposal being for two double storey dwellings on face value does not accord with preferred design response. Factors which are relevant in support of the application are the modest proportions, low pitched roofs and the low floor to ceiling height of each storey. The proposed development contrasts with the higher floor to ceiling and proportions of the more substantial dwellings that predominate in the street.

To use building materials and finishes that complements the dominant pattern within the streetscape.

Use timber or other non-masonry cladding materials where possible. In streetscapes where weatherboard predominates, use timber or other non-masonry cladding materials where possible, and render, bag or paint brick surfaces.

Comment: Both dwellings propose to employ render and weatherboard to the upper


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level facades which are an appropriate response to character.

To maintain the openness of the streetscape.

Provide low to no front fences.

Comment: No front fences are proposed to be installed for the proposed dwellings which meet the objective.

In addition to character, the proposal has also been assessed as being in general accordance with the majority of ResCode standards and objectives in terms of providing internal and external amenity consideration and complying siting. The proposed dwellings are considered appropriate in a character sense. Residents’ Objections • Traffic impacts given proximity to major road and St Therese’s Church/Primary

School.

Dwellings of the type proposed are expected to generate about 8 – 10 vehicle movements per day (total between 16-20 vehicle movements extra). A traffic count conducted over a week in 2000 (in February when school was back) noted an average of 587 vehicle movements per day along Albion Street.

The City’s Infrastructure Design Manual (a reference document to the Planning Scheme) notes that for streets of this type that 1000 vehicle movements per day can be readily accommodated. Even with a recently approved 2 lot subdivision opposite this site and growth at St Therese’s Primary school in the period since the count the increase of traffic generated by this development, whilst noticeable, is within the capacity of the surrounding road network. This development does not represent a ‘tipping point’ where special traffic management strategies would be required to offset the impact of this development.

• Overdevelopment of the site.

There is no single measure of ‘over development’ however the relevant ResCode standards that help determine if the levels of development are appropriate include Character, Site Coverage and Permeability, Walls on Boundaries and Private Open Space Objectives. The report has outlined how the character merits are met, with respect to site coverage. This is calculated at 44% which is under the ResCode maximum of 60%. It follows that permeability is over the ResCode 20% minimum.

With respect to walls on boundaries, two such walls are proposed, one for each proposed dwelling. Both walls easily meet the ResCode standard as both are less than 10 metres in length having heights of less than 3 metres.

Open space objectives are met with a reasonable level of open space retained for the existing dwellings. The solution of open space for the proposed dwellings is appropriate as the balcony for the Lot 3 dwelling and open space at ground level for Lot 4 (where the upper level cantilevers over that space) both meet ResCode standards,

• Incomplete/incorrect information submitted with the application.


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Concern was raised by objectors re: failing to identify the presence of St Therese’s Primary School and existing street trees (albeit ones not impacted in any way by the development). These issues were rectified by the preparation of amended plans that were provided to all objectors for their information. The level of supporting information submitted is now considered appropriate to make a fully informed decision on the application.

• Lack of appropriate screen to avoid views into adjoining open space (3 Albion Street and 49 Condon Street).

Plans were amended (and re-advertised to objectors) to show how a combination of high set (over 1700mm high) windows and a screen to the balcony will screen open space complying with ResCode.

• Impact on existing solar system and gardens caused by overshadowing (49 Condon Street)

Overshadowing plans submitted with the application show that roof of the adjoining dwelling that raised this issue will not be impacted. The roof and solar panels are not impacted as the shadow cast at 3pm (the only time this property is impacted) at its closest point is only potentially impacted by the existing, not proposed dwelling. For the existing dwelling to impact the solar panels the existing dwelling would have to be approximately 3 storey in height.

• Lack of provision of retaining walls/drainage detail.

Plans were amended (and re-advertised to objectors) to show the extent of works anticipated and the plans show that the objector site actually falls toward the application site and that only minor site cuts are required to create level building pads. No retaining walls are proposed. Drainage detail was also shown on the amended plans indicating that existing and proposed runoff will be captured by several pits proposed in the development. The City’s drainage engineer has reviewed the amended plans and imposed appropriate conditions relating to requiring an engineer designed system with specified features.

Various amendments have been made to the plans in response to officer and local resident’s objections – the most recent set of amendments whilst addressing the majority of noted concerns have not resulted in objections being withdrawn.

Conclusion

The housing policy directions in the State Policy (Clauses 11.02 and 16.01) and the Municipal Strategic Statement of the Planning Scheme generally support medium density housing in appropriate locations such as this. This proposal has been assessed as representing an appropriate response to character where the impacts of the proposal have been limited to reasonable levels which are what ResCode seeks to achieve. The proposal is recommended for approval.

Options

Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.


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Attachments

• Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for a four lot subdivision and construction of two dwellings at 1 Albion Street & 47 Condon Street, Kennington subject to the following conditions: 1. NO LAYOUT ALTERATION

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

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

retained and removed (b) Details of surface finishes of pathways and driveways (c) Planting schedule of all proposed trees, shrubs and ground covers,

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

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

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


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

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

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

8. DETAILED DRAINAGE PLANS Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) direction of stormwater run off (b) a point of discharge for each lot (c) independent drainage for each lot

9. Prior to the connection of any building to the responsible authority’s drainage system, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable Discharge Rate Lot 3, Lot 4 & Common Property: Q10= 1.8 l/s

10 STORMWATER QUALITY Before the use or development commences, the owner or applicant must provide a stormwater treatment system to achieve the “Best Practice Environmental Guidelines” storm water quality (Victorian Stormwater Committee, 1999) in accordance with plans and specifications to the satisfaction of the responsible authority. The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or in its immediate catchment. Such amount is assessed as $750.00 or such amount applying at the time of payment.


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11 DRAINAGE WORKS Prior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in conditions 8 & 9 above.

12 SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEM Prior to the issue of a Statement of Compliance, the applicant/owner must enter into an agreement under section 173 of the Planning & Environment Act 1987.

Such agreement must covenant that:

• The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction.

• Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots. Each system must be completed prior to connection to the responsible authority’s drainage system.

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

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

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

13 CITY OF GREATER BENDIGO ASSETS

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

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


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15 SEALED CAR PARK Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

16 USE OF CAR PARKING AREAS Areas set aside for the parking and movement of vehicles as shown on the endorsed plan must be made available for such use and must not be used for any other purpose.

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

18 FENCING OF SITE The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority.

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

20 PUBLIC OPEN SPACE CONTRIBUTION The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988.

21 TELSTRA The plan of subdivision submitted for certification must be referred to Telstra in accordance with section 8 of the Subdivision Act 1988.

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

23 POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision

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

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


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(c) The applicant shall 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. The applicant shall arrange compliance through a registered electrical contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System.

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

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

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

24 COLIBAN WATER

(a) The applicant or owner is required to reach agreement with Coliban Water for the provision of reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets.

(b) The applicant is to provide evidence to the satisfaction of Coliban Water that existing private water pipes and sanitary drains do not cross the boundaries between lots. Where modifications to pipes or drains are required in order to satisfy this requirement, all work is to be carried out in accordance with AS3500 National Plumbing and Drainage Code of Australia and the relevant requirements of Coliban Water. Works to modify Coliban Water assets may only commence with prior approval by Coliban Water.

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

(d) All proposed sewers must be located at least 1 metre from an existing or proposed structure/boundary.

Telstra Note Approval does not cover alterations to existing Telstra plant or network. Locations of existing network can be obtained from Dial Before You Dig – Ph: 1100 For co-ordinated Telstra plant reticulation in this development, please refer to www.telstrasmartcommunity.com to register your development and apply for reticulation. City of Greater Bendigo Asset Planning & Design Not e A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve.


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CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with: (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005, and (c) Road Management (General) Regulations 2005 with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this note on this planning permit is not deemed to have been notified of, or to have given consent, to undertake any works within the road reserve as proposed in this permit.


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Figure 2 : Aerial photo of site and surrounds (Near Map Nov 2012)


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Figure 3 : Site plan – proposed.


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Figure 4 : Elevation plans – lot 3 (fronting Albion Street)


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Figure 5 : Elevation plans – lot 4 (rear of the two proposed dwellings)


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2.7 ADVERTISING SIGNS - 3 KENNEDY STREET, EAST BEND IGO


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

Summary/Purpose

Planning permission is sought for the erection of advertising signs at 3 Kennedy Street, East Bendigo. The key issue is the impact of the signage on the visual amenity of the area. Despite several efforts to negotiate an acceptable outcome with the applicant a solution could not be reached. This report recommends that the Greater Bendigo City Council issue a Refusal to Grant a Planning Permit for the application.

Policy Context




Report

Application No: DA/831/2012 Application Date: 1 November 2012 Applicant: Evolve Accounting Solutions Land: 3 Kennedy Street, EAST BENDIGO Zoning: Business 1 Zone

Road Zone 2 Overlays: Nil


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Subject Site and Surrounds

The site comprises an irregular shaped lot with an area of 669 square metres. Located on the site are two office buildings, a two storey building with entrances on MacKay Street and Charleston Place and a single storey office building which has a frontage on the corner of Kennedy Street and MacKay Street. This proposal relates only to the single storey office building which is currently occupied by an accountancy firm.

The surrounding land uses are mixed with commercial on the west side of Kennedy Street, a petrol station to the east of the site and residential to the north-east. The buildings abut public open space which currently houses a skate park.

Figure 1 : Location map showing subject site. Proposal

The proposal arises as a result of a new financial business co-locating in the building with the accountancy firm. The original application proposed 4 signs as shown in the images in Figure 2.


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Figure 2: Original proposal Officers wrote to the applicant advising that the proposed level of signage was inappropriate in terms of its siting and scale and recommended that the two vertical signs are deleted and the side wall sign be reduced in size by a minimum of 50%. To compensate for this reduction in signage it was suggested additional signage could be more appropriately located on the verandah fascia where there is currently a sign, as shown in figure 5 below. The applicant responded to this advice by reducing the wall sign by 50% but was not prepared to delete the vertical signage arguing that there is a similar amount of signage on other buildings in the area. Following further discussion with some Councillors the applicant amended the plans twice, this included the deletion of one of the vertical signs. The latest plans are produced below.


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Figure 3 : Amended application • Sign 1 (top left) would face onto the Skate Park and be 3.66m (width) x 1.55m

(height) • Sign 2 (right and bottom left) would be L-shaped and wrap-around the wall abutting

the entrance to the building and be 2.42m (width) x 2.1m (height). • Sign 3 (bottom left) would be fixed at the upper level of the building and be 5.15m

(width) x 1.5m (height).

The applicant has advised that the vertical signs are required to publicise what the business “Yellow Brick Road” actually does, i.e home loans etc, as it is argued that they are not known in Bendigo and this information would not be visible if it was put on the other proposed signs.


The following clauses are relevant in the consideration of this proposal: • 34.01 Business 1 Zone


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• 52.05 Advertising Signs


Referrals There is no requirement to refer an application of this nature to any internal or external authorities. Public Notification Public notification of the application was not undertaken as adjoining properties are of a commercial nature. The applicant has been advised in writing that the application is to be recommended for refusal.

Planning Assessment

The Business 1 Zone in which the site is located does not provide guidance on the display of signage but refers to Clause 52.05 Advertising Signs. Clause 52.05 has the purpose of ensuring that signs are compatible with the visual appearance of the area and do not adversely affect the safety, appearance or efficiency of a road. Clause 52.05-3 lays down a raft of the general decision guidelines that Council must consider, as appropriate before deciding on an application to display a sign. These include the following which are of relevance to the issues in this application.

• The cumulative impact of signs on the character of an area or route, including the need to avoid visual disorder or clutter of signs.

• The consistency with any identifiable outdoor advertising theme in the area. • The relationship to the streetscape, setting or landscape: • The relationship to the site and building: • The scale and form of the sign relative to the scale, proportion and any other

significant characteristics of the host site and host building. • The need for identification and the opportunities for adequate identification on the

site or locality. This is not a straightforward case as it is correct to say that the area does not have an identifiable outdoor advertising theme and that many of the commercial buildings in the area do have a level of signage in excess of what is proposed here. However the difference between the signage on those existing buildings and this proposal is a question of scale and siting of the signage. Existing buildings in the area are generally larger buildings which can accommodate a greater level of signage and signage is largely at the upper level area of the buildings. The subject site comprises a relatively small building which already has existing signage in the form two fascia signs, a high level sign, a side wall sign as well as window signage which blocks out most of the windows to the office. Therefore any additional signage needs to be carefully designed to avoid visual clutter and disorder on the building.


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The amended plans are a considerable improvement on the original plans submitted however on balance the proposal still has an emphasis on maximising advertising opportunities without sufficient regard for the impact on the appearance of the building or the streetscape. The area of signage proposed, together with the existing signage on the building would result in signage dominating the building, particularly when viewed from Kennedy Street. If the applicant were to delete the vertical sign the visual clutter and dominance of the signage would be reduced significantly as all the signage would then be located at the upper levels of the building. As discussed above there are more appropriate locations available on the building to display the signage. These locations would provide more than adequate signage for business identification purposes.

Conclusion The proposed signage would be overly dominant and inappropriate in the context of the building and the streetscape. It is therefore recommended that Council resolve to refuse the application.

Options

Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Refusal to Grant a Permit for the display of advertising signs at 3 Kennedy Street East Bendigo for the following reason:

1. The proposed signage is inappropriately located and would result in an excessive amount of signage and visual clutter harmful to the appearance of the building and streetscape contrary to Clause 52.05 of the City of Greater Bendigo Planning Scheme.


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Figure 4 : Aerial photo

Figure 5 : Photo from Kennedy Street


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Figure 6 : Photo from Skate Park


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2.8 RESPONSE TO LONG GULLY SWIMMING POOL PETITION


Author Patrick Jess - Manager, Active and Healthy C ommunities Lincoln Fitzgerald - Active Communities Manager (A cting) Responsible Pauline Gordon, Director Community Well being Director

Summary/Purpose

Council recently received two petitions relating to the closure of the Long Gully and Golden Square Swimming Pools. This report provides a response to the petitions submitted by members of the Long Gully community. The report provides options and officers recommendation for Council to consider in response to the Long Gully petition.

Policy Context

This report relates to many objectives of the Council Plan including planning for the future, developing public spaces and developing partnerships with other levels of government. Council Plan Reference: Council Plan 2009-2013 (updated 2012) Strategy 1.7 Develop and enhance public places, open spaces and recreation facilities to meet community needs. Strategy 1.11 Continue to implement initiatives to maintain and provide physical assets and infrastructure to meet community and organisational needs. Strategy 3.3 Use meaningful and effective communication and engagement with all sectors of the community as an input to decision making. Strategy 3.10 Encourage and facilitate opportunities for active and incidental sport and leisure activity for all ages and abilities. Strategy 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.


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Strategy Reference: In December 2010 the City of Greater Bendigo adopted an Aquatic Facility Strategy. The Strategy included recommendations to close, replace and upgrade a number of facilities as well as the development of new centres. Closure of the Long Gully Pool was a recommendation of this Strategy. The key findings of the review were that: "Of particular concern is the condition of the Long Gully pool which will ultimately require replacement within a three year period", and "Close Long Gully Pool due to its poor condition, low patronage levels and limited ability to meet community needs". The report goes on to say: "Long Gully Pool provides important social leisure opportunities, so in closing the current facility it is proposed to provide the Long Gully Community with alternative leisure facilities. This will be partly achieved through the completion of the Long Gully Community Centre where construction is underway. In addition, the City will consult and plan with the community to redevelop the current site with new facilities that are valued by Long Gully residents. For example, a development could include water play facilities, play space or picnic and barbeque facilities." Regional Strategic Plan Reference: This report aligns to the priorities of both the Northern and Southern Regional Strategy Plans, particular in relation to strengthening regional communities. The Southern Regional Plan within which Bendigo is contained includes a key initiative (2.21) to continue to invest in regional recreation infrastructure and programs to boost liveability and community connectedness.


Previous Council Decision(s) Date(s): At its meeting on 1 December 2010, Council adopted a suite of recommendations in order to achieve a sustainable municipal wide Aquatic Strategy that intends to provide a mix of aquatic opportunities across Bendigo. One of the recommendations included the closure of the Long Gully Swimming Pool. Even prior to this resolution being adopted and, as part of the overall community consultation, the following information was released to the community:


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PROPOSED REDEVELOPMENT FOR LONG GULLY SWIMMING POOL Monday 16 August 2010 The City of Greater Bendigo has released a new Aquatic Facility Strategy for community comment, which recommends the replacement of the dilapidated Long Gully Swimming Pool with new land-based recreation facilities. City of Greater Bendigo Mayor, Councillor Rod Campbell, said the old pool was in a deteriorating condition and has limited ability to meet the recreation needs of the community. "There's a lot of local heart and soul that has gone into the pool in the past, and we need to recognise that community contribution. However, our studies show that new land-based recreation facilities could be a better alternative and we're keen to explore those options with the Long Gully community." Councillor Campbell said the Council has suggested to the community that a Taskforce be established to help decide an alternative for the pool. "The Taskforce would be made up of the existing Pool Committee members as well as representatives from the Long Gully Community House and other interested stakeholders," said Councillor Campbell. "We want to build something that the current community and future generations will be able to use and have fun with all year round. Something that will be a real asset for the Long Gully community." The proposed redevelopment would be planned to further enhance the area, alongside the recently completed Long Gully Community Centre. Potential options to be discussed include a water play facility, playground, picnic areas and barbeque facilities. A consultation was held with members of the Long Gully community regarding the formation of a Taskforce which will be seeking ideas and opinions from Long Gully residents.

In November 2011, the Long Gully Committee of Management contacted City of Greater Bendigo officers indicating they were no longer prepared to continue with the management operations of the pool. No work had occurred at the site to prepare the pools, grounds or plant at the time of handover. At short notice, the Bendigo Regional YMCA (BRYMCA) agreed to take on the management for the season so that the pool could be opened to the public in the forthcoming weeks. In order to prepare the site for opening the BRYMCA spent many hours working to bring the pool to a compliant standard. In an email from the Manager Recreation to the former Mayor on 16 December 2011 it was communicated that Long Gully Swimming Pool was running and had been through four long backwashes due to the pool filters' very poor condition. It went on to state that following further cleaning it was expected the pool could be operational by the weekend.


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Significant operational work was undertaken to treat and filter the water at Long Gully in order to gain compliance. Only one suitably qualified staff member with long-term skills and expertise in pool maintenance was permitted to work on the plant and chemical management at the site due to Occupational Health and Safety risk factors involved with running the Long Gully site. Throughout December the BRYMCA reported a number of alleged break-ins and interference with the water filling point. This resulted in the circulation pump losing prime and no water filtration or chemical dosing occurring. As a result the pool's operating hours varied in an effort to rectify the issues. On 16 February, the Environmental Health Unit conducted a site inspection. The Recreation Unit received advice from the City of Greater Bendigo Environmental Health Unit on 22 February stating: "The results for the pool testing conducted on 16/2/2012 have just been received and all three pools passed. Marong and Eaglehawk spa have passed two consecutive weeks of testing which means they can be re-opened. I have tested Long Gully again today, if it passes this test (we will get results next week) it can be re-opened next week." In order to achieve compliance it must pass the rigorous testing two weeks in a row. A further test was conducted on 29 February 2012, with the following information presented to the Recreation Unit: "We have received the water test results from the sample taken at Long Gully last week and unfortunately it didn't pass. In fact Long Gully failed in all three micro parameters they test. We would recommend that Long Gully pool does not open again this season." The City of Greater Bendigo organised bus services for the Long Gully community last season so that the community could be transported to other pools as an alternative. There was very little take-up of the service between Long Gully despite being advertised to the broader community. At the same time of the Long Gully issues it became apparent to officers that maintenance requirements were increasing for all Council's thirteen pools, some requiring a greater degree of maintenance than others. The 2011-12 season saw a number of non-compliances of Council's pool facilities and officers, together with the BRYMCA (where relevant) as the existing contractor of seven pools, other Committees of Management, Work Safe and external risk consultants visited the various sites to ascertain the overall level of works required to maintain the pools into the future.


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During the same season, a number of pools were closed due to Notices issued for health and safety reasons. These closures included Golden Square, Long Gully, Heathcote and Marong and added another level to the community’s frustration in their ability to access pools. In particular the Long Gully pool experienced the most closures of any pool which resulted in a total of 33 days closure. Despite rigorous attempts to make the pools safe for continued operations, the reality was that it was costing more to “make good” Long Gully given the associated leakage and chemical issues due to the ageing asset and a lack of funds for high level maintenance, with the Long Gully Pool closing for more days in 2012 than it was open. Following the 2012 season, officers re-scoped the requirements for the management operations of the pool facilities in an effort to address improved efficiencies in operating and reporting requirements and maintenance for future years. However, upon receipt of tenders for the management of the City’s suite of pool facilities for the 2012/13 season, proposals were far in excess of the allocated aquatic budget. The competing demands currently facing the CoGB in this current financial year include the impact of the defined benefits call and a 1% efficiency target. This required officers to consider other ways of being able to launch the season and provide Council with the option to continue to provide quality aquatic services to the community within budget. It was not prudent to seek further funds for operations and maintenance given the tight fiscal pressures already imposed and with a new elected council with a platform of savings and efficiencies. In order to achieve the launch of the season for the remaining pools officers renegotiated a variation to the existing contract with the Bendigo Regional YMCA for pools in its management and continued to work with the relevant Committees of Management to get the season off to a good start. Council had previously adopted to close the Long Gully and Golden Square Pools to develop the new Kangaroo Flat Aquatic Centre. As this resolution had been previously endorsed following rigorous community engagement as part of the Aquatics Strategy and with the further approval in 2012 by Council to progress the planning of the Kangaroo Flat Aquatic facility and the development of a Water Splash Play Park for Long Gully in the 2013/2014 budget, it was viewed by officers that the community were clear on Council’s direction and that it could continue operations of its remaining pools within reasonable parameters of its budget with little impact, if these two pools were not opened for the current season. The previous resolution of 14 November included: That Council: 1. Recognise the importance of aquatic facilities to the Greater Bendigo community, 2. Permanently decommission the Long Gully and Golden Square Swimming Pools, 3. Establish a Long Gully Task Force to advise the City on the design of a water play

splash park at Long Gully Recreation Reserve, 4. Allocate funds as part of the 2013/14 budget for the salvage and rehabilitation of

Long Gully and Golden Square Swimming Pool sites, 5. Allocate as part of the 2013/14 budget for the construction of a water splash play park

at Long Gully, and


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6. Allocate funding as part of the 2013/14 budget for the development of a Recreation and Open Space Master Plan including the Golden Square Swimming Pool site, walking track, recreation reserve and Bowling / Croquet Club.

Progress against the resolution prior to Receipt of Community Petitions: The following is a progress update on the points listed above prior to receipt of the two community petitions: 1. The City of Greater Bendigo continues to recognise the importance of aquatic

facilities 2. A site salvage assessment has been undertaken to determine which items of plant

and equipment are suitable for reuse. Chemical control units and cash registers have been removed for reuse at other operating facilities.

3. To broaden the existing Long Gully Task force representation, Expressions of Interest have been advertised and some submissions received.

4. To be prepared as part of the budget submission process. 5. To be presented as part of the budget submission process. 6. To be presented as part of the budget submission process. At its meeting of 23 January 2013 Council received a petition containing 1,258 signatures from concerned residents in the Long Gully area objecting to the proposed closure of Long Gully Swimming Pool (or any local pool) outlined as follows: We the undersigned residents and ratepayers of the Greater City of Bendigo respectfully request Council to:

1) Immediately put on hold all plans to close the Long Gully Pool 2) To re-convene a public meeting to

a. Properly consult with Long Gully residents and Pool Users as to their wishes and needs for the Long Gully Pool

b. Show cause why the pool should be closed, with details of works required and costings

c. Sound out the possibility of forming a new management committee 3) Ensure that the meeting is widely advertised in advance and not held at a time

when most people are away on holidays. The petition was presented to Council with a letter stating the following points: We present the enclosed petitions, 1,258 signatures in total, which represent a large body of people who oppose Council’s decision to close the Long Gully swimming pool (or any local pool), and ask that:

1. The decision to close Long Gully Swimming Pool is immediately postponed

2. A public meeting is properly convened where Council asks people what they want in respect to the pool (instead of telling them what they will get)


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3. Council shows cause as to why the pool should be closed, including displaying the

engineers report and any costings projected by the pool, plus a cost / benefit analysis which demonstrates what has been valued in the decision to close the pool. This should apply to the proposed Splash Park. How much will it cost and when is it planned for?

4. Find and create a new management committee to run the existing swimming pool.

Expend the same energy and planning as that which is being expended on the proposed Splash Park to find and organise the people. (in the process of gathering signatures, we have already identified 4 people who will be part of the roster system to run the existing pool.)

5. Advertise this meeting widely and well in advance and not in holiday times so as

many as possible can be there.

We signatories believe that:

• Any money available should be spent on an existing asset before it is tried on a new, untried weak alternative

• Long Gully has special needs in regard to availability, proximity and costing of local entertainment and exercise

• Small children are far safer and more easily supervised in small pools • Long Gully Swimming Pool has been, in well managed and properly financed

days, a hub of the community and a pleasant place to be on hot days • The drop off in patronage in recent years is solely due to a lack of

maintenance and reduced and erratic opening times. Council's response to the petition from meeting 23 January 2013

1. That the petition be received and a report be prepared in conjunction with the response to the petition regarding the Golden Square Swimming Pool at the next meeting of Council.

2. That it be noted that the engineer's report on all swimming pools is available on the

website.

3. That a meeting with petitioners be held on 25 February, 2013, to discuss the swimming pool and proposed splash park.

4. That the decommissioning be put on hold until discussions are completed with the

community.

Report

Since the adoption of the 2012/2013 budget, the City invited tenders to operate a number of swimming pools including Long Gully, even though officers were concerned about its safety and capacity to remain compliant.


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However, upon receipt of tenders for the management of the City’s suite of pool facilities for the 2012/13 season, the tenders received from interested contractors were far in excess of the allocated budget or estimated cost, and therefore were unable to be awarded or negotiated to an acceptable sum. Officers were forced to consider other ways of being able to continue the season and provide Council with the option to continue to provide quality aquatic services to the community within budget. In order to achieve this, officers renegotiated a variation to the existing contract with the Bendigo Regional YMCA for pools within its responsibility for the 2012-2013 season. The variation did not address the additional maintenance requirements and funding for any of the pools upgrade and as a result, many of these pools are still under par with what is considered a desirable level of service by the community. This was confirmed when Councillors conducted an inspection of the pools on 29 and 31 January. The report of 14 November 2012 therefore proposed to deviate from the Aquatic Strategy so that the Golden Square and Long Gully Swimming Pools be decommissioned prior to the 2012/13 summer operating season to allow other more utilised facilities to operate. The decision to close Long Gully Swimming Pool was not taken lightly and was necessary due to a number of factors about all Councils facilities including low attendances recorded at Long Gully of only 56 people during the 29 days it was operational. The high cost of operating, poor condition of major assets, limited ability to meet current Public Health and Wellbeing or Occupational Health and Safety legislation all contributed to the decision making process. The Long Gully pool operations have been questionable for a number of years as it was closed far more often than opened in its last season due to non-compliance issues. The community could not be confident that if they attended it would be open on any given day hence one reason for the low utilisation. The Long Gully Swimming Pool was proposed to close as part of the Aquatic Facilities Strategy adopted in 2010. At the time it was widely communicated that the Long Gully Swimming Pool may require complete replacement within 3 years due to its poor condition. Long Gully Swimming Pool is approximately 350m from the proposed Water Splash Park, 1.75km from Bendigo Aquatic Centre, 4.1km from Peter Krenz Leisure Centre (Eaglehawk), 6.3km from the proposed new Indoor Aquatic and Leisure Centre at Kangaroo Flat. Long Gully is serviced by two bus routes which will allow access to the Bendigo Aquatic Centre. Routes 3 and 4 service Long Gully and generally services run every 30 minutes weekdays and 60 minutes on weekends. These factors were considered when officers provided their recommendation to Council. Council had previously adopted to close the Long Gully and Golden Square Pools as part of progressing the new Kangaroo Flat Aquatic Facility; a decision that involved rigorous community engagement as part of the adopted Aquatic Strategy and the further endorsement by Council to commence the planning of the Kangaroo Flat Aquatic facility and the approval to allocate funds towards a Water Splash Play Park for Long Gully in the 2013/2014 budget.


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Officers had held meetings with a range of community stakeholders in the Long Gully area to progress the notion of a Water Splash Play Park as per Council's adopted resolution. In addition, a call for expressions of interest to form the reference group has occurred. Long Gully Petition The following is officer's response to each of the points raised in the Long Gully petition. 1) Immediately put on hold all plans to close the Long Gully Pool No action to demolish the Long Gully Swimming Pool has been undertaken until Council considers the petition as part of this report. 2) To re-convene a public meeting to

a. Properly consult with Long Gully residents and Pool Users as to their wishes and needs for the Long Gully Pool

The 25 February has been set aside for this purpose irrespective of the outcome of this report. In August 2010 Council released a project bulletin specifically for Long Gully which outlined the proposed Aquatic Facilities Strategy and specifically with information about the proposal to close Long Gully Swimming Pool. In this bulletin it was stated that the Long Gully Pool was proposed to be replaced by a water play facility and that the pool may have to be completely replaced within three years. In addition to specific consultation with Long Gully residents two public listening posts were held at the Bendigo Market Place and Hargreaves Mall for people to comment on the proposed strategy. To develop the strategy the City also consulted with various sectors including health, education, community organisations and sporting clubs. The Aquatic Facilities Strategy was formally considered and adopted at the Council meeting of December 2010. Following this, an informal task force was formed consisting of individual Long Gully residents and broader Long Gully community organisations. The group included representatives of the following organisations:

• After School Program • 2 x Model Engineers and Menshed • Long Gully Neighbourhood Centre • Long Gully Neighbourhood Centre – Youth Worker • 2 local residents • Comet Hill Primary School • Bendigo Access Employment – Resident Community Worker • Street Soccer • Wags N Tails Dog Companion Club and, • The Local Ward Councillor.


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This group was unanimous in its support of a Water Splash Play Park. As stated previously in this report, to broaden the Long Gully Task Force representation, Expressions of Interest have been advertised for Long Gully residents to consider.

b. Show cause why the pool should be closed, with details of works required and costings

The City has a duty of care in the provision of public facilities. Long Gully Swimming Pool is a significant risk to public and staff health & safety. During the 2011/12 summer the facility was closed for multiple and significant periods of time due to multiple independent tests revealing high bacteria levels requiring closure to the public. Due to these problems the facility was closed for more time than it was open throughout that summer. The Technical Audit prepared in 2009 outlines that the facility is significantly deteriorated and provides a list of maintenance works and an opinion of cost. The report also notes that rehabilitation of the existing pool tank is not a viable option and will require replacement. In addition to the pool tank and filtration issues, chemical storage, handling and delivery is non-compliant and requires significant investment and upgrade. The technical audit has been uploaded onto the City’s web page and is available to be downloaded. Unless directed by Council, officers are not prepared to spend further funds on obtaining costings as the engineer's comments are self-explanatory.

c. Sound out the possibility of forming a new management committee The Long Gully Swimming Pool Committee of Management ceased operation in November 2011. This occurred following an inability of the Committee to recruit and retain a sufficient number of volunteers for the operation and management of the facility. In November 2011 the City engaged Bendigo Regional YMCA to prepare and operate the facility on behalf of the community. 3) Ensure that the meeting is widely advertised in advance and not held at a time when

most people are away on holidays. Public meetings to progress a new model could be held at any point over the coming months. The 25 February has been set aside for an initial public meeting prior to the outcome of this report. Priority/Importance: The early closure of Long Gully pool prior to the proposed construction of a new Indoor Aquatic Leisure Centre in Kangaroo Flat and Water Splash Play Park is not considered lightly. However, urgent major works and significant funds are required in order for the Long Gully facility to be compliant and for all other pools to remain compliant. Considering the community has committed its time to submit a petition, and the impact Councils decision may have on other aquatic facilities and the broader Council budget, officers consider this report of high priority and importance.


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The financial cost to return the pool to an acceptable standard is considerable in light of Council’s overall capital works program for renewals and upgrades and when considering the needs of other pools, their ongoing maintenance requirements and that of all other recreational and community pursuits within the community. Council has the unenviable task of having to make a difficult decision about where its limited capital funds for renewals and upgrades are allocated across a range of functions including but not limited to roads, community facilities, open space, recreation and preschool facilities to name a few. Should Council continue operation of Long Gully Swimming Pool, it is recommended the City commission a Life Saving Victoria safety audit to determine the exact extent of works required to continue operating in a safe and compliant condition. Due to the age and design of the facility further investigation would be necessary to determine how other legislative requirements could be met including the Dangerous Goods, Occupational Health & Safety and Public Health and Wellbeing Acts. If major works were undertaken to refurbish the swimming pool shell, the City may also be required to install an access ramp to comply with Disability Discrimination Act requirements for equal access. It is envisaged that major works are required for investment of a new pool facility on the Long Gully site. Council should also consider the financial and service level impact this investment may have upon the proposed development of a Water Splash Park at Long Gully Recreation Reserve. Timelines: If Council resolves to decommission the Long Gully Swimming Pool site, planning for the future use of the swimming pool site will be required. Officers would also prepare a budget submission for consideration to fund the salvage, site clearing and restoration. Risk Analysis: The City of Greater Bendigo has the highest number of public swimming pools in Victoria. The 12 pools include 1 x 50m indoor leisure centre at Eaglehawk, 2 x outdoor 50m heated swimming pools at East Bendigo and Bendigo Aquatic Centre, 1 x outdoor 50m swimming pool at Brennan Park, short course swimming pools at Kangaroo Flat, Long Gully, Marong, White Hills, Elmore, Goornong, Heathcote and Raywood. In addition to these 12 facilities there are a number of other private swimming schools and hydrotherapy facilities available. Most of the public swimming pools are either near or past their expected asset lifespan and will require significant investment over the coming decades. The Long Gully Swimming Pool is an aged facility with many difficult operating design faults. The facility is past its asset lifespan and an efficient and effective resolution to these problems may not be possible. To operate this facility safely will require investment in significant maintenance and an increase in the operating cost to remove physical risks. Further analysis would be required to determine the exact scope of works necessary.


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An additional risk is Councils capacity to deliver upon Aquatic commitments adopted in previous Council reports.

Consultation/ Communication

External Consultation: Prior to the report being presented to Council at its first meeting in November 2012, consultation occurred with the Bendigo Regional YMCA as the current service provider to understand if there would be any major impacts based on the previous year’s usage. The YMCA confirmed that for much of the 2011/2012 summer when they assumed management of the facility from the community the pool could not be opened due to water quality failures. When the facility was open, attendance was very low.

The ideas and opinions of young people living in Greater Bendigo (2,278 completed surveys) have been sought throughout 2012 in the development of Council’s proposed Youth Strategy that is shortly to be released for public comment. This included facilitation of eight youth workshops throughout the municipality to seek further information from young people relating to their ideas and issues (150 participants).

Over 617 students participating in the consultation attended the feeder schools for the Long Gully area that include Eaglehawk Senior Secondary, Bendigo Senior Secondary and Catholic College. What Our Young People Told Us As part of the survey, CoGB asked young people 12-25 years about the types of opportunities or events that they would like made available in Bendigo. A theme park / water park / playground was highlighted in the top ten most popular responses, thereby supporting this current gap in asset provision. Young people also identified several other events and opportunities that they would like to see developed for 12-25 year olds that included longer opening pool season from Spring. A representation was made to Councillors by young people who are members of the steering committee at a recent forum on the 20 February 2013. The purpose of the meeting was to present their findings and progress the release of the Youth Strategy information to the community for further comment The Long Gully community communicated that they have had many offers of assistance from local residents to manage the pool if Council were to undertake the necessary works required in order to have it operational for the 2013- 2014 season. Whilst we applaud the efforts of these individuals, the committee returned the pool to Council management in 2011 citing a lack of volunteers as one reason for its return. Despite the good will and hard work of a small number of dedicated volunteers, the pool required significant work on its return to Council and even then it was a struggle to achieve compliance.


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If Council resolves to decommission the Long Gully Swimming Pool and develop a Water Splash Park, it is proposed that an extensive consultation program be undertaken to determine the design of that facility.


The future provision of aquatic facilities within the City of Greater Bendigo has significant financial implications for Council. Whatever path Council chooses to take, funds will be required for the ongoing operation, maintenance and renewal of swimming pools into the future. In 2013/14 alone, officers expect a budget allocation in excess of $400,000 for maintenance across all aquatic facilities. The 2009 Technical Audit report on Long Gully Pool was prepared by Mr Ray Ball, who had the following qualifications:

• Diploma of Civil Engineering – Caulfield Technical College • Bsc (Eng) – University of New South Wales • M Eng sc – University of New South Wales • Building Surveyor (not currently registered)

In regard to Long Gully pool Mr Ball states ‘Some vertical cracking is also present, associated with at least one of the Filtered Water Return inlets, also on the eastern side. These indicate some inherent structural issues with the pool tank at this stage of its life cycle’. The report from Mr Ball states that a new pool operating system would be necessary to address public health issues at the Long Gully Pool. Given there is no plant room, a new plant room and chemical storage area would be required. In addition, to improve the flow of water new connections and pipework would be necessary to increase water circulation rates. The technical report also concludes; ‘It is considered that this expenditure would likely represent a holding position rather than a rehabilitation that could be regarded as long-term’. It is the opinion of officers that since the timing of the audit, the pool has further deteriorated and further legislative requirements have been identified. Mr Ball’s findings of inherent structural issues and necessary refurbishment add further argument for this pools closure. There is no short term fix as was demonstrated in the 2011 – 2012 season when the pool was closed due to non-compliance issues for a total of 33 days, which is more days than it was open. It would be unrealistic for officers to argue for any further funds to investigate and prepare detailed design unless Council was of a mindset to allocate funds for major works which will maintain the asset for years to come.


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Conclusion

At its meeting of 14 November 2012 Council resolved to permanently close the Long Gully Swimming Pool. Since this time a petition has been submitted requesting that the facilities continue to operate and be repaired. The petitioners have indicated the potential to manage and operate the Long Gully Swimming Pool for the 2013/14 season. In light of the communities proposed commitment to manage the Long Gully Swimming Pool, officers still could not support the continuance of this unless major capital works are spent to develop a new model that will meet all safety and compliance requirements. As recently witnessed with the recent closure of the Golden Square swimming pool pools are viewed by residents, particularly those surrounding it as a critical neighbourhood facility. Community reaction to any closures are enormous, people have a genuine sentiment attached to their local pool and many happy memories. Whether they used it years ago or in recent times, a positive change management process will need to occur to help people celebrate the old and welcome in the new. There are many examples of the level of anxiety various community members have experienced when pools are closed including examples at Glen Eira and Footscray. While there is a natural grieving process, encouraging the community to become further involved in the introduction of new facilities and features such as Water Splash Play Park will ultimately bring in the numbers. Officers understand that not everyone will be happy about the decision to close Long Gully. Given the challenge for Council to balance its need for infrastructure that supports the needs of all residents, sufficient funds need to be allocated to maintain the remaining eleven pools to an optimum standard. This will require a large injection of funds if Council wishes to keep up with community expectations. It is expected Council will be required to allocate in excess of $400,000 for minimum proposed works in the 2013-2014 financial year for Council’s pools. There are many other desirable requirements by the current operators and community members and as the strategy indicates, significant funds are required in future years for the upgrade of Peter Krenz and White Hills pools. Whilst it is a difficult decision to close a pool, Officers cannot support the reopening of the Long Gully pool given the competing demands on Council resources and the fact that there are two large scale aquatic facilities located within 4.1km of the Long Gully Pool site offering a far better service. In addition, there has been significant community support, particularly from young people for the development of a water splash play park and the Long Gully Recreation Reserve serves an ideal purpose in order to achieve this gap in asset provision. If this water splash play component was developed, this would equate to the Long Gully community having access to learn to swim, leisure and adventure, and fitness aquatic facilities all within a radius of 4.1km from the centre of Long Gully. It is therefore recommended that that the community is encouraged to be actively involved in the progression of the Long Gully Water Splash Play Park and all other recreational pursuits that contribute to a healthy and active lifestyle.

Attachments

Nil


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RECOMMENDATION

That having considered the petition received from members of the Long Gully community in relation to the closure of the Long Gully Swimming Pool that Council:

I. Acknowledge and greatly appreciate the efforts made by a number of Long Gully residents for their willingness to volunteer in order to reopen the Long Gully pool for the 2013-2014 season, however note that the overall costs of pools needs to be balanced with Council’s finite resources and the competing demands of all other recreational pursuits.

II. Proceed with the permanent closure and demolition of Long Gully Swimming Pool, III. allocate funding as part of the 2013/14 budget for the development of a Water

Splash Park at Long Gully Swimming Pool, and IV. notify the submitters of Council’s decision.

Economic Development - Reports Ordinary Meeting - 06 March 2013

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3. ECONOMIC DEVELOPMENT

3.1 FORTUNA - PROPOSED SALE OF PROPERTY BY THE DEPA RTMENT OF DEFENCE (AUSTRALIAN GOVERNMENT)


Author & Responsible Stan Liacos, Director City Futures Director

Summary/Purpose

The purpose of this report is for Council to revisit its policy position on the future of Fortuna, and to specifically reiterate to the Australian and Victorian Governments the importance of this matter and Council's desire to see the property maintained in public ownership if possible.

Policy Context

Consideration of this matter is specifically referenced in Council’s Plan 2009-2013


The future ownership and re-use of the Fortuna property in Bendigo has been a matter of consideration and conjecture for many years now. In January 2010, Council considered a comprehensive analysis and recommendation to help answer the (then) question posed to it by the Department of Defence (Australian Government) regarding the Fortuna property in Bendigo – namely, did Council want to acquire and assume responsibility for the property? The same question had also been asked of the Victorian Government at that time. The report to Council in January 2010 concluded with a recommendation that Council should resolve to not acquire and assume responsibility for Fortuna given the overwhelming scale, nature and adverse implications of the many and varied challenges presented by the property relative to Council’s limited resources. It was simultaneously recommended however that given the significance of Fortuna, that Council inform the Department of Defence that it was nonetheless keen for the City of Greater Bendigo to participate in three-way discussions between representatives of the Department of Defence, Victorian Government and the City in an effort to collaboratively consider and if possible agree a development model and process to find one or more appropriate and sustainable adaptive re-uses for the property, be that either public or private sector or a combination.


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Important matters that were considered at the time included determining responsibilities for master planning, capital funding and subdivision (if necessary); clarifying the implications of the property’s Heritage Management Plan; clarifying responsibilities for encouraging and facilitating private-sector investment; and acceptance of liability for past and existing property characteristics and activities by the long-time current owner of the property. At that time, an associated accompanying confidential report was provided to Council that among other things focussed on: • The history and current status of the Fortuna property; • The property’s features, characteristics and proposed Heritage Management Plan;

and • A range of considerations and options to help Council determine its interest, or

otherwise, in acquiring and assuming on-going sole or shared responsibility for the property.

The Council supported and adopted as policy the following: 1. To inform the Department of Defence that Council does not want to acquire and

assume sole responsibility for Fortuna given the overwhelming scale, nature and adverse implications of the many and varied challenges presented by the property relative to Council’s limited resources; but

2. That given the significance of Fortuna, inform the Department of Defence that

Council is nonetheless keen for the City of Greater Bendigo to participate in three-way discussions between representatives of the Department of Defence, Victorian Government and the City in an effort to collaboratively consider and if possible agree a model and process to help find one or more appropriate and sustainable adaptive re-uses for the heritage-listed property.

Throughout much of 2010, reasonable progress was made towards agreeing a collaborative development / facilitation model between the three-levels of government. In short, a plausible model that emerged from discussions involved the potential establishment of a public-sector owned Development Trust with a brief to promote and progress the multi-use restoration, re-use and activation of Fortuna, drawing from pooled public sector contributions (from three levels of government) of up to $20 million and leveraged public and private sector investments/tenancies. This model was supported in-principle by the then Victorian Government, evidenced by a pre-election pledge announcement by then Premier John Brumby. The model was supported in-principle by Council and received the support of the two groups interested in the future of Fortuna, namely the Friends of Fortuna and the Fortuna Action Group. The Federal Government did not commit itself to any such collaborative model at the time.


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With the change of Victorian Government in late 2010, momentum and discussions on any potential development model ceased in light of other initial priorities and demands on the new government. The Department of Defence through mid-to-late 2012 sought Expressions of Interest / Tenders for the sale of the property. Although we are not privy to the details of any tenders received, it is generally understood that no conforming / acceptable offers were received. It is now understood that the Department of Defence is intending to "auction" the property in May this year. Where to from here? It is becoming increasingly apparent what many people with property development experience and expertise have thought all along - namely, that the Fortuna property is most unlikely to be transformed desirably through traditional means but will most likely need a special, creative collaborative development and facilitation model to ensure desirable outcomes for all concerned. To this extent, it is considered timely and desirable to urgently seek the renewed interest and willingness of the Australian Government (Department of Defence) and Victorian Government to enter into goodwill discussions with the City of Greater Bendigo seeking to reach agreement on the establishment of a creative collaborative alliance between all three levels of government that among other things strive to achieve the objectives of: • Heritage preservation; • Adaptive re-use of the property for most likely a range of public and private uses; • Economic development; • Cost minimisation; • Incentives introduced to minimise development risk and help attract viable

commercial investment; and • Retaining the underlying property in public ownership, if possible. The Council wishes to bring a suitable group of people together from within its own resources and with some external assistance to develop up a proposal that addresses these objectives.


Too early to determine accurately at this stage however staff resources being applied to this work will result in other work being delayed.


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RECOMMENDATION

That Greater Bendigo City Council resolve to 1. Write to:

• The Prime Minister • Minister for Defence • Victorian Premier; and • Victorian Deputy Premier and Minister for Regional Development

seeking their urgent intervention for all-three-levels of government dialogue encouraging agreement on a collaborative plan for the re-use, restoration, maintenance and activation of the heritage-listed Fortuna property.

2. Establish a small Committee to develop up a suitable proposal for presentation to

the Federal and State Governments.

Community and Culture - Reports Ordinary Meeting - 06 March 2013

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4. COMMUNITY AND CULTURE

4.1 HEALTH AND WELLBEING STRATEGY 2009-2013


Author Romina Lougoon, Social Planner Responsible Prue Mansfield, Director Planning and D evelopment Director

Summary/Purpose

To inform Council on the progress in achieving actions in the Health and Wellbeing Strategy 2009 – 2013 as the Strategy must now be reviewed and renewed as per legislative requirement.

Policy Context

The Local Government Act 1989 states the primary objective of Local Government is to endeavour to achieve the best outcome for the local community, having regard to the long term and cumulative effects of decisions. To this end local councils need to have regard to the social, economic and environmental viability and sustainability of the local area and the overall quality of life and wellbeing of the people in the local community. The Public Health and Wellbeing Act 2008 requires Local Government to prepare a Municipal Public Health and Wellbeing Plan (MPHWP) every four years. Each Council has a responsibility to protect, improve and promote public health and wellbeing within their municipality. The MPHWP is a strategic plan that sits alongside and integrates with the Council Plan and the Greater Bendigo Municipal Strategic Statement, as well as other integrated health promotion plans of community health providers. Recent legislative changes have now aligned all these plans, to four year plans due in 2013, following Council elections. Conducting an annual review of a Health and Wellbeing Plan is a statutory requirement of Councils under the Act. Council Plan Reference:

3.7.2 Work collaboratively to promote community safety and healthy living; by undertaking research about the health status and health determinants in Greater Bendigo, to provide the basis for developing the MPHWP.

Strategy Reference:

Health and Wellbeing Strategy 2009-2013 http://www.bendigo.vic.gov.au/News_and_Information/Publications/Documents_listing/Health_and_Wellbeing_Strategy


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Council Policy Reference:

Health and Wellbeing Policy http://www.bendigo.vic.gov.au/News/Publications/Policies

Regional Strategic Plan Reference:

Loddon Mallee Regional Strategic Plan - Southern Region, Strengthen our communities, especially in our small towns by improving community safety, health and wellbeing. http://www.rdv.vic.gov.au/__data/assets/pdf_file/0010/67825/1762-SM-Loddon-Mallee-Regional-Strategy-Plan-40pp-SOUTHERN-FINAL-PROOF10.pdf


Council adopted the Health & Wellbeing Strategy (the Strategy) at its meeting on 18 November 2009. Since that time many actions identified in the Strategy have been implemented or progressed. The World Health Organization defines health as ‘a complete state of physical, mental and social wellbeing, not merely the absence of disease or infirmity’. Health and Wellbeing Policy The quality of the built, economic, natural and social environment all impact on individual health and wellbeing. Due to the diverse nature of Local Government business, the sector plays a key role in leading and supporting the development of healthy communities. The City of Greater Bendigo (CoGB) has a strong focus on improving the health and wellbeing of its citizens and embraces the breadth of its roles including: • as a regulator of public health; • as a planner of the built environment; • as a provider of community facilities, public amenities and community support

services, as a partner in community building; • as a leader and advocate for resources to support the going community of Greater

Bendigo; and, • to advance the commitment to develop Greater Bendigo as a 'Child Friendly City'. CoGB is committed to working in partnership with the community, government agencies, non-government organisations and businesses to strengthen the health and wellbeing of all citizens. Previous Council Decision Dates: 18 November 2009 – strategy adopted 19 October 2011 – progress report to Council 5 September 2012 – commence community engagement for new MPHWP

Report

The Health and Wellbeing Strategy is one of the CoGB’s key strategic documents. It not only guides organisational decision making but acts as a resource for other agencies with regard to important community health and wellbeing issues and health promotion opportunities. The Strategy includes objectives and actions designed to strengthen the health and wellbeing of the community in Greater Bendigo.


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Reporting on the progress of the implementation of adopted strategies and plans is an important component of the monitoring and evaluation of the strategy’s activities and achievements. Some recent highlights in the implementation of the Health and Wellbeing Strategy include: • Violence Prevention Plan adopted in August 2012; • The Children’s Art Network delivered two events; The Dig and Lens Art; • ‘Food for Thought’ Research Paper has been developed which outlines food security

issues in Greater Bendigo; • New vision for 45 Mundy Street (formerly BCentral) has been developed and is being

implemented; • Volunteers working with the Young People Project graduated in December 2012; • Draft Feasibility Study has been presented to current and potential user groups for

the Golden Square Citizens Centre; • Integrated Transport and Land Use Strategy is underway with a Senior Integrated

Transport Planner appointed to develop the Strategy; • Healthy Communities Team has been established in Greater Bendigo and will focus

on reducing obesity, smoking rates, alcohol consumption and increasing physical activity within workplaces and schools;

• Bendigo Better Youth Services Leadership group formed; • Continued investment in open space and recreation; and • 19.3km of footpaths and shared paths were constructed in 2011/2012. For a full report on each action within the Strategy, refer to the appendix attached. The graph below outlines the percentage of actions which have been completed, have commenced and have not started. The reasons behind actions not starting range from change in priorities to the action not obtaining a budget allocation. The actions which have started also include ongoing actions.

0 10 20 30 40 50 60

Not started

Started

Finished

Percentage (%)

Status of actions


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Options/Alternatives: Nil as this is a statutory requirement for Local Government under the PHW Act 2008. Risk Analysis: Legislation requires the Council to have a Municipal Public Health and Wellbeing Plan and to monitor and review its implementation.


Certain actions within the Health and Wellbeing Strategy required community consultation. The level and extent of consultation would have varied depending on the action.


In actioning the Health and Wellbeing Strategy, the City of Greater Bendigo played many and varied roles. Some activities have and will continue to require resource allocation through the annual budget process.

Conclusion

The Health and Wellbeing Strategy 2009-2013 has now come to the end of its life and reviewing the Strategy is an important step in the finalisation of the Strategy. This report states the key achievements that have occurred in relation to health and wellbeing in the City of Greater Bendigo over the last four years. A new Strategy will be developed to ensure this work continues and builds on the works already established.

Attachments

1. Appendix – Health and Wellbeing Strategy 2009-2013: Update on all actions

RECOMMENDATION

That the Greater Bendigo City Council endorse the review and conclusion of the Health and Wellbeing Strategy 2009-2013.

Our People, Our Processes - Reports Ordinary Meeting - 06 March 2013

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5. OUR PEOPLE, OUR PROCESSES

5.1 RECORD OF ASSEMBLIES


Author Peter Davies, Manager Executive Services Responsible Craig Niemann, Chief Executive Offi cer Director

Summary/Purpose

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

Policy Context

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


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

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

Report

Outlined below are the details of assemblies of Councillors held since the last meeting.


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Meeting Information

Meeting Name/Type

Councillors' Planning Day

Meeting Date 21 January 2013 Matters discussed 1. Council Plan

Attendees/Apologies Councillors Cr Lisa Ruffell

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

Staff/ Community Representatives

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

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil


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Meeting Information Meeting Name/Type

Councillors' Forum

Meeting Date 30 January 2013 Matters discussed 1. National Broadband Network

2. Bendigo Airport Presentation 3. Swimming Pool Technical Audit 4. Maubisse Committee 5. Campaspe Shire 6. Project Renew 7. VicRoads 8. Fees for permits 9. Adaptive stormwater management 10. Masons Restaurant 11. Code for Outdoor Dining 12. Thematic Environmental History 13. Multi-Storey Car Park 14. Review of Australia Day activities and Council involvement 15. VCAT hearings 16. View Street development 17. Section 173 Agreement 18. Fortuna 19. Community safety at Eaglehawk 20. Waste Advisory Committee 21. Independent Review 22. Charging for community events 23. Organ donation 24. Respite care 25. Vicsmart fast tracking of planning permits 26. Failure to Vote 27. Introduction to the Budget 2013/2014

Attendees/Apologies

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




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Conflict of Interest disclosures Matter

No. Councillor/representative making disclosure

Councillor/representative left meeting

Nil


Governance Meeting

Meeting Date 30 January 2013 Matters discussed 1. Protocol for Forums and Council Meetings

2. Timing of release of agendas to the public 3. Opening of the first meeting of the cycle to the public

Attendees/Apologies



Craig Niemann Peter Davies Alison Campbell


Matter No.


Nil


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Meeting Information

Meeting Name/Type

White Hills and East Bendigo Heritage Study Steering Committee

Meeting Date 31 January 2013 Matters discussed 1. Community Engagement

2. Stakeholder briefing 3. WHEB Steering Committee Terms of Reference 4. Composition of Steering Group 5. Project dates 6. Historic themes

Attendees/Apologies

Councillors Cr James Williams Cr Peter Cox Cr Lisa Ruffell


Emma Bryant Nick Byrne Andrew Cockerall Megan McDougall Prue Mansfield Dannielle Orr David Bannear


Matter No.

Councillor making disclosure Councillor left meeting

Nil


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Meeting Information

Meeting Name/Type

Natural Environmental Advisory Committee

Meeting Date 5 February 2013 Matters discussed 1. Draft Terms of Reference

2. Forward Planning 3. Community Energy Efficiency Program

Attendees/Apologies

Councillors Cr Rod Fyffe Staff/ Community Representatives

Anthony Sheean Robyn Major Murray Rankin Wendy Radford David Conley Dennis Berlowitz Apologies: Lydia Fehring Jodie Odgers Petina Blackwell


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Councillors' Forum

Meeting Date 6 February 2013 Matters discussed 1. Planning matters and review of Draft Ordinary

Meeting agenda 2. Mid-Year Budget Review 3. Visit to Maubisse 4. Former Coliban Water site 5. Golf strategy 6. Footpaths 7. Pedestrian lights - McIvor Road 8. Marong Business Park 9. Fortuna 10. Rotary Art Show 11. Notice of Motion - Marong service road 12. Organ donation 13. Legal matter 14. VCAT Hearings 15. Street furniture 16. Ice Skating Stadium 17. Coordination Community Engagement Plan 18. Fees for Australia Day 19. Airport options 20. Council support for agriculture 21. Council Plan 22. Victorian Electoral Commission 23. Minister Powell 24. Launch of the Hargreaves Mall Dragon 25. Independent Review Community Engagement Plan 26. Planning application

Attendees/Apologies





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Matter No.


Nil


Council Plan Workshop

Meeting Date 8 February 2013 Matters discussed 1. Council Plan

Attendees/Apologies Councillors Cr Lisa Ruffell

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


Craig Niemann Darren Fuzzard Pauline Gordon Stan Liacos Marg Allan Prue Mansfield Peter Davies Alison Campbell Andrew Hollo (Facilitator)


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Bendigo Easter Festival Advisory Board Meeting

Meeting Date 11 February 2013 Matters discussed 1. Easter Church services

2. Sponsorship update 3. Staff report

Attendees/Apologies

Councillors Cr Rod Fyffe Cr Helen Leach


Lyn Brown Terry Karamaloudis Raph Beh Rory Somerville Paul Rohan David Wright Gary Frank Gail Hardy Ken Deveraux Phil Redmond Barry McDowell Fiona Chibber


Matter No.


Nil

RECOMMENDATION

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


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5.2 CONTRACTS AWARDED UNDER DELEGATION


Author Leeanne Taig, Administration Assistant, Proj ect Coordination Responsible Marg Allan, Director Organisation S upport Director

Summary/Purpose

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

Policy Context

Provide high quality professional services by undertaking responsible business planning to ensure long-term sustainability.

Report

Contracts Awarded under Delegation The following contracts subject to public tender, have been issued under delegation by the officer as listed (Instrument of Delegation - August 5, 2009):

RECOMMENDATION

That the Contracts Award Under Delegation, as outlined in this report, be endorsed by Council.

Contract No Project Successful Contractor Value

(GST Excluded) Delegated

Officer Date

Signed

CT000008 Reseal of Various Roads

Primal Surfacing Pty Ltd 1,820,724.00 Craig Niemann 16/01/2013

CT000019 Virtual Server Infrastructure Replacement

Dell Australia Pty Ltd 246,365.00 Marg Allan 5/02/2013

CT000015 Asphalt Works on Various Roads

Boral Resources VIC Pty Ltd

742,711.70 Craig Niemann 13/02/2013


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5.3 GENERAL VALUATION OF RATEABLE LAND 2014


Author Neal Wrigley, Manager Rates & Valuations Responsible Marg Allan, Director Organisation Su pport Director Summary/Purpose For Council to resolve to undertake a general valuation of land in accordance with the Valuation of Land Act. Policy Context Council Plan 2009-2013 (2012) states: 4.1 Undertake responsible financial management and business planning practices to

ensure long term sustainability. Report Every 2 years a valuation authority is required to undertake a revaluation of land for rating purposes. Section 11 of the Valuation of Land Act 1960 states:

A valuation authority must, for the purposes of the Local Government Act 1989, cause a general valuation of rateable land within the relevant municipal district to be made as at 1 January in every even calendar year and returned to— (a) the valuation authority; and (b) if the valuation authority is not the rating authority, the rating authority before 30 June in that year.

Once a local authority has resolved to undertake a revaluation interested parties must be advised as per Section 6 (1) of the Valuation of Land Act:

(1) A valuation authority proposing to make a general valuation must give not less than one month's notice of the decision to cause the valuation to be made to— (a) every other rating authority interested in the valuation of land in the relevant municipal district; and (b) in the case of a council general valuation, the valuer-general.

The persons undertaking the valuation are to sign a statutory declaration as required by Section 13DH of the Valuation of Land Act:


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(2) Before any valuation and return is made the person appointed to make it must make a statutory declaration that the valuation and return will be impartial and true to the best of that person's judgment and will be made by that person or under that person's immediate personal supervision.

The persons making the statutory declarations (attached) meet the qualifications and experience specified by the Minister as published in the Government Gazette.

This report is prepared for Council to enable compliance with legislation as outlined above. Attachments 1. Schedule 1 Form 1 Notice of Resolution Under Section 6 (1) 2. Statutory Declarations of Impartiality and Trueness made pursuant to Section 13DH Resource Implications The general valuation will take place over the financial years 2012/2013 and 2013/2014. The estimated cost of returning the actual revaluation is $1,100,000 over the two years with a reimbursement of an estimated $500,000 from the State Revenue Office for the use of the Site Values for Land Tax purposes. RECOMMENDATION That the Greater Bendigo City Council: 1. Cause a general valuation to be made of all rateable land in the City of Greater

Bendigo as at the prescribed date of 1 January 2014. 2. Require the valuation be returned no later than 30 April 2014. 3. Authorise the Chief Executive Officer to notify the Valuer General and other

interested rating authorities in the prescribed form as per Schedule 1, (Regulation 5) in the Valuation of Land (General Valuation) Regulations 2003.

4. Note that the Declarations of Impartially and Trueness have been made by Vince

Braybrook, James Collins, David Cheal, Paula a'Beckett and Naomi Fountain.


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SCHEDULE 1

Sch. 1

Form 1

Regulation 5

Valuation of Land Act 1960

Valuation of Land (General Valuation) Regulations 2003

Notice of Resolution under Section 6(1)

On behalf of City of Greater Bendigo], notice is given that it resolved at its meeting on [date] to cause a general valuation to be made of all rateable land in the Municipality of

Greater Bendigo.

The valuation is to be returned not later than 30 April 2014 and the valuers' appointed are:

James Collins - City of Greater Bendigo

Vincent Braybrook – City of Greater Bendigo David Cheal – City of Greater Bendigo

Naomi Fountain – City of Greater Bendigo Paula a’Beckett– City of Greater Bendigo

Notice of this general valuation has been sent to:

Valuer General Victoria State Revenue Office

Coliban Water North Central Catchment Management Authority

Goulburn Murray Water Central Goldfields Shire Council

Mitchell Shire Council Shire of Strathbogie

Loddon Shire Council Shire of Campaspe

Mount Alexander Shire Council

Signed: Date:

__________________


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5.4 RISK MANAGEMENT FRAMEWORK


Author John Salter, Principal Risk Advisor Responsible Marg Allan, Director Organisation Su pport Director

Summary/Purpose

The purpose of this report is to inform Council of recent enhancements to the Risk Management Framework and to seek adoption of the revised Risk Management Policy.

Policy Context

Council Plan 2009/13 (Updated 2012) 4.1 Delivery of responsible financial management and business planning practices to

ensure long term sustainability. 4.3 Maintain an effective and committed workforce and provide a supportive, safe and

progressive workplace. 4.5 Demonstrate strong corporate governance.


The reasons for needing to strengthen our approach to risk management were identified in the “City of Greater Bendigo - Review of Risk Management”, November 2011 conducted by CoGB Internal Auditors HBL Mann Judd (The Review). The prioritised recommendations supported by management were to build a Risk Management Framework by:

1. identifying the risks associated with not achieving council’s vision/objectives, key legislative requirements and assess any emerging issues

2. reporting to the relevant council sub-committee level, most likely the Audit Committee

3. reviewing risk categories to incorporate all key areas that could potentially be exposed to risk

4. linking risk registers in such a manner that risks are efficiently and actively managed at all levels of the organisation

5. providing council staff clarity around corporate, strategic and operational risk 6. considering incorporating risk management in Council plan actions at a strategic

level 7. developing and maintaining a risk management communication and consultation

plan 8. using training opportunities to raise awareness of the support available from the

risk team, promote the benefits of effective risk management, and develop capability.


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Groundwork responding to The Review was established through a short term consulting engagement in early 2012. This work consulted across the organisation and established agreed risk assessment criteria and drafted a range of tools for further development.

Report

The approach – based on best practice standards The particular approach being used at the CoGB has been developed from the Australian Risk Management Standard (AS/NZS 4360), now International (ISO 31000).

Figure 1 : Structure of the International Risk Management Standard (ISO 31000)

The three strengths of this particular approach, which led to its development from a national standard to international adoption, are that it recognises:

• Context is critical to managing how we think about the future. • Risk is socially negotiated. In particular, risk assessment is more than risk

analysis. Analysis is about data which advises assessment, but assessment involves evaluation based on the things which we agree to value.

• Communication with and to all who have an interest at each and any stage of the risk management process and about any aspect of the risk management framework.


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Assurance – through the Audit Committee The components of the Risk Management Framework provide the foundations and organisational arrangements for designing, implementing, monitoring, reviewing and continually improving risk management throughout the organisation. The development of the CoGB Risk Management Framework is being undertaken in a way that aligns with, and can be audited against, ISO 31000:2009. As specified in these assurance guidelines, the five components are:

1. Risk Management Policy 2. Risk Management Plan 3. Accountability Mechanisms 4. Resourcing 5. Communication

The Audit Committee will monitor the risk exposure of Council and the development of our Risk Management Framework by determining if management has appropriate risk management processes and adequate management information systems. The Audit Committee will facilitate reviews of all or any parts of Council’s Risk Management Framework in order to validate the extent of compliance. As specified in these assurance guidelines, the five components are: 1. Risk Management Policy

The draft policy endorsed by the Audit Committee in December 2012 complies with AS/NZS ISO 31000:2009 Risk Management Standard and sets the corporate approach, and is provided at Attachment A. A key element of implementation is to assess the adequacy of existing controls. (The tool being applied across the organisation is shown within the Policy Appendix.)

2. Risk Management Plan The practical things being done to implement the policy are referenced, with hyperlinks to the detailed tools as they have been placed on the Intranet, at Attachment B.

3. Accountability Mechanisms The organisation has a range of mechanisms to make staff aware of the risks for which they are accountable, to allocate them sufficient authority and resources to address the risks for which they are accountable and to facilitate reporting against expectations.

These are: a) Business Units b) Directorates c) Executive Management Team d) Audit Committee e) Council


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As risks are identified as significant, they will be consolidated and escalated from a) up through to e). This approach will also include the identification of risks by participants at each level.

4. Resourcing

The explicit allocation of resources and support mechanisms include: • The Risk Team within the People and Performance Unit which has been

restructured to support the development and maintenance of the Risk Management Framework.

• A “working with risk” training stream which has been included in the corporate learning calendar, and this will continue to develop.

• Up-skilling on specific aspects of risk management or on specific tools by the risk team on request or by suggestion.

• The inclusion of risk management objectives as part of job descriptions and therefore as key performance indicators

• Risk management section embedded in the annual Service Unit Plan template. • Procedural documentation and other tools.

5. Communication Risk management is best conducted in consultation with a broad range of stakeholders. The mechanisms and tools which support this include: • the accountability mechanisms listed in 3 above • Organisation Leadership Team • CoGB Media and Communications team • CoGB Intranet • CoGB Internet • through the Corporate Learning Calendar • the restructured risk team within the People and Performance Unit which exists to

provide advice, practical support and assurance on risk and its management to meet any identified need.


The key “enabling” aspect of the policy is the Risk Assessment Criteria. This criteria has been developed across and up through the organisation in a consultative way. The work developing the Risk Management Framework and supporting tools is being reported through the Executive Management Team to the Audit Committee on an ongoing basis.

Conclusion

The risk management policy has been simplified, aligned with international standards and underpinned with agreed decision making criteria. This now presents the organisation with the opportunity to apply a clear risk management framework which will support the achievement of objectives, including continuous improvement.


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The Audit Committee, at its meeting in December 2012, endorsed the Risk Management Framework, and recommends that Council adopt the Risk Management Policy.

Attachments

1. Risk Management Policy 2. Risk Management Plan

RECOMMENDATION

That the Greater Bendigo City Council on the recommendation of the Audit Committee, adopts the Risk Management Framework and Risk Management Policy (shown in Attachment A).


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Attachment A RISK MANAGEMENT POLICY

Approval Date:

Review Date:

Author: Principal Risk Advisor

Responsible Director: Director Organisation Support

1. PURPOSE This policy provides a statement of the overall intentions and direction of the City of Greater Bendigo related to risk management. 2. SCOPE Risk Management is the coordinated activities to direct and control an organization with regard to risk – where risk 1 is defined as the effect of uncertainty on objectives. 3. REFERENCES The key mechanisms to ensure effective risk management will be the Risk Management Committee and the Audit Committee. Risk Management Committee The Executive Management Team will operate as the corporate Risk Management Committee by comprising a sufficient number of management representatives to reflect the scope of the organisation’s activities and meeting on a regular basis to oversee the performance of City of Greater Bendigo’s Risk Management Framework. The Executive Management Team will communicate issues related to the Risk Management Policy and issues related to the implementation of the Risk Management Framework appropriately.

1 Notes from the International Risk Management Principles and Guidelines NOTE 1 An effect is a deviation from the expected — positive and/or negative. NOTE 2 Objectives can have different aspects (such as financial, health and safety, and environmental goals) and can apply at different levels (such as strategic, organization-wide, project, product and process). NOTE 3 Risk is often characterised by reference to potential events and consequences, or a combination of these. NOTE 4 Risk is often expressed in terms of a combination of the consequences of an event (including changes in circumstances) and the associated likelihood of occurrence. NOTE 5 Uncertainty is the state, even partial, of deficiency of information related to, understanding or knowledge of an event, its consequence, or likelihood.


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The Executive Management Team will provide strategic advice on continual improvement. Audit Committee The Audit Committee will monitor the risk exposure of Council by determining if management has appropriate risk management processes and adequate management information systems to ensure the Risk Management Framework is aligned with ISO 31000. The Audit Committee will facilitate reviews of all or any parts of Council’s Risk Management Framework in order to validate the extent of compliance with this policy on an “as deemed necessary” basis. Continuous Improvement Progressive adjustment of Council’s risk management practices is to be undertaken, including the documentation and recording of those practices, to enhance alignment with this policy. 4. POLICY City of Greater Bendigo will use a Risk Management Framework aligned with the International Risk Management Guidelines and Principles (ISO 31000) and specified in the “Assurance of a risk management framework”, Section 3.4 of “Delivering assurance based on ISO 31000:2009 Risk Management – Principles and guidelines, HB 158-2010”. The components of the Framework will provide the foundations and organisational arrangements for designing, implementing, monitoring, reviewing and continually improving risk management throughout the organisation. The terms of reference against which the significance of a risk is to be evaluated have been developed with reference to external and internal contexts – especially organisational objectives, laws, standards, guidelines, and policies. Additional criteria may also be appropriate for application wherever the risk management process is tailored to any specific business process of the organisation.


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Appendix: Criteria applied in the risk assessment p rocess 1. Consequences of what might happen.

This set of criteria address “what we care about” and “how much we care”

2. Adequacy of current arrangements The assessment of risk needs to consider how effective current arrangements are. Therefore existing controls should be reviewed for their effectiveness.


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Controls are the policies, procedures, practices and structures designed to provide reasonable assurance that business objectives will be achieved and that undesired events will be prevented or detected and corrected. A Control Objective provides a specific target against which to evaluate the effectiveness of controls. It is a statement of the desired result or purpose to be achieved by implementing control procedures within a particular activity.

Level of Control Guide

5. Fully effective

5.1 Control Objective addresses the management/mitigation of risk exposure(s). 5.2 Design of Control Portfolio aligns with Control Objectives and is efficient. 5.3 Control portfolio is primarily preventive. 5.4 Well documented Control Objectives and Control Portfolio – measurable and auditable.

4. Substantially effective

4.1 Control Objective addresses the management/mitigation of risk exposure(s). 4.2 Design of Control Portfolio aligns with Control Objectives and is somewhat efficient. 4.3 Control portfolio is a balance of preventive and detective controls. 4.4 Reasonably documented Control Objectives and Control Portfolio – measurable and auditable.

3. Partially effective

3.1 Control Objective does not completely address the management or mitigation of risk exposure. 3.2 Control Portfolio design gaps. 3.3 Control portfolio is primarily detective. 3.4 Gaps in Control Objective and Control Portfolio documentation – somewhat measurable and auditable.

2. Largely Ineffective

2.1 Control Objective does not completely address the management or mitigation of risk exposure. 2.2 Significant design gaps in Control Portfolio. 2.3 Control Portfolio is irregularly executed as designed. 2.4 Significant gaps in Control Objective and Control Portfolio documentation – likely to yield unfavorable audit.

1. Ineffective

1.1 Control Objective does not address the management or mitigation of risk exposure. 1.2 Significant design gaps in Control Portfolio. 1.3 Control Portfolio is reactive and irregularly executed as designed. 1.4 Control Portfolio documentation is significantly deficient or non-existent – not auditable.


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3. Likelihood of consequences The risk appetite of the organisation is reflected in the likelihood / consequence grid below. Risks in the “orange / red” zone trigger high levels of commitment by the organisation.


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Attachment B

Risk Management Plan The five areas of practical emphasis are evidence based prioritisation; a strategic focus on corporate objectives; emergency management; occupational health and safety; and integrated reporting. This approach addresses the eight priorities of The Review.

1. Evidence based: Priorities are based on evidence identified by a significant history of performance failures and audit identified opportunities.

2. Strategic approach: The strategic approach is supports the development of a

culture focused on achieving objectives. a. The “desired state” column in the risk assessment criteria provides clear

reference point. b. The introduction of a straightforward process improvement tool which will

support better customer focused planning. c. The tool to support the management of unbudgeted requests in the context

of unfunded superannuation liability is also an example of supporting enhanced decision making.

3. Emergency Management: The cross-organisation Emergency Management

Committee is developing a. improved arrangements for managing a coordinated response to

community disasters; b. better planning for emergencies in our facilities; and c. enhanced event management planning.

4. Occupational Health and Safety: The prioritised Occupational Health and Safety initiatives are:

a. improved methods for incident reporting, incident investigation, and risk assessment; and

b. enhanced systems capabilities to record and report on incidents, investigations and risk assessments are currently being developed in-house using Tech-One.

5. Reporting: Risk registers (currently in the form of excel spreadsheets) which link

across and up through the organisation are being deployed and trained in. These will operate at Business unit level, with unacceptable risks being consolidated at Directorate level and reported to the Executive management Team (as the Risk Management Committee) by the Risk Team. The tool can also be deployed for specific contexts (such as potentially contaminated sites, contract assurance, and particular projects).


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5.5 AWARDING OF TENDER FOR APPOINTMENT OF CONSULTAN TS TO CONDUCT THE INDEPENDENT REVIEW OF COUNCIL


Author Richard Morrison, Manager Contract and Proje ct Coordination Peter Davies, Manager Executive Services Responsible Marg Allan, Director Organisation S upport Officers Craig Niemann, Chief Executive Officer

(report to be finalised following tender evaluation process)


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6. URGENT BUSINESS

Nil.


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7. NOTICES OF MOTION

7.1 NOTICE OF MOTION - GOLDEN SQUARE SWIMMING POOL CR ELISE CHAPMAN That: 1. Council recognise the enthusiasm and commitment of the Golden Square Save our

Pool Committee in relation to the future of the Golden Square Swimming Pool. 2. In accordance with Council's resolution of 14 November 2012 and the Council

resolution of 13 February 2013 the date for decommissioning of the Golden Square Pool be the date upon which the proposed new facility to be constructed in Browning Street Kangaroo Flat opens for public use.

3. Negotiations take place with representatives of the Golden Square Save our Pool

Committee to establish a structure for the pool's operation for the 2013/14 season and each subsequent season until the new Browning Street facility is operational.

4. Immediate action be taken to secure the Golden Square pool property including

plant room and all fixtures and appurtenances related to the pools operation. Additionally, that the Chief Executive Officer be requested to ensure that no action is taken to do anything at the pool what would be prejudicial to the carrying out of the above motion. Officer comment: This matter is a decision for Council to consider what funds it wishes to allocate. Following the Council forum on 20 February, officers were provided with a directive to decommission the Golden Square pool following non acceptance of a rescission motion and strong indication from Councillors to progress the decommissioning. When Council resolved to permanently decommission the Golden Square Swimming Pool, officers commenced action to prepare the site for salvage and demolition. This included identification of items which could be reused and developing a works program to safely remove infrastructure. Up until the petition for Golden Square Swimming Pool was received, resulting in a cease work on the site whilst the petition was considered, officers had arranged the removal of a DSR controller for use at another facility and for the removal of a cash register which was broken at another site.


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All other chemicals, plant and equipment were retained at the site. Since 13 February officers have also arranged: • Removal of the filter sand and 3 filters • Removal of water from the main pool for use on road construction • Capping of the water supply into the swimming pool • Quotes for an environmental auditor to determine contamination and hazardous

substances which may be present on site • The YMCA to remove and reuse all chemicals remaining at the facility • YMCA to remove the balance of their equipment • Streets and Schweppes to remove their fridges. There is no allocated budget for this work; the costs will be incurred against the pool maintenance budget. Approximately $4,500 has been spent with a further request of $100,000 in 2013-2014 budget to make good the Golden Square site for future recreational opportunities. It should be noted that some items of equipment have been scheduled for reuse at Council’s remaining 11 swimming facilities. As such, if this equipment is either returned or remains at Golden Square, a number of maintenance items cannot be delivered at those other sites in 2013/14 unless further funding is provided for maintenance. An alternate motion was presented on the council floor by Cr Chapman at its ordinary meeting on 13 February. Council voted against spending any further funds to ascertain the level of works required to continue the operations as proposed in items 2 and 3 of this motion. On 27 February 2013 the Golden Square Save Our Pool group wrote to the Mayor with an offer. The letter from Mr Ken Hamilton, Chair of the Golden Square Save Our Pool group (unincorporated) states: “Our Committee has discussed a new approach to keep the Golden Square Swimming Pool as an amenity for the local community. The offer is as follows:

1. That the Committee will raise all necessary funds and complete works to restore the Golden Square Pool to safe and compliant operating condition in time for opening during the 2013/2014 swimming season.

2. If the Committee is unable to raise the funds and complete works to make the Pool compliant during the 2013/14 swimming season the Committee agrees to hand the pool back to Council for permanent closure and de-commissioning.

3. That the onus and any costs of decommissioning and transforming the site will be

borne by Council.”


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This offer is admirable for a voluntarily group of people to come up with a new model and with the passion and drive to keep this ageing asset going. However, if Council wishes to consider this offer, passing the legal, administrative and technical burden of this aged facility on to volunteers should be fully considered. It has also been estimated that the cost to bring this facility to full compliance is in the order of $292,000 as per the Council report of 13 February 2013. This would be a significant burden upon volunteers supporting the group if the estimate is accurate. As a result of the offer, Director Community Wellbeing contacted the Program Manager Public Land, North West region the Department of Sustainability and Environment (DSE) to ascertain if the Department were in a position to hand the pool over to the Golden Square Save the Pool Group Ms Gordon wrote: “I understand that my staff have been liaising with your team in relation to Council’s recent decision to close the Golden Square swimming pool. The community are very eager to see the pool remain open and last nights at the Council forum, Cr Elise Chapman tabled a letter from the Chair of the Save the Golden Square Pool committee with an offer as follows: 1. That the committee will raise all the necessary funds and complete works to restore

the Golden Square Pool to safe and compliant operating condition in time for opening during the 2013/14 swimming season.

2. If the committee is unable to raise the funds and complete works to make the pool compliant during the 2013/14 swimming season the Committee agrees to hand the pool back to Council for permanent closure and de-commissioning, and

3. That the onus and any costs of decommissioning and transforming the site will be borne by Council.

Council is seeking DSE’s position in relation to the pool site and whether the Department is prepared to accept responsibility of the site in its current condition (other than replacement of those items recently removed) in order for the community to manage the facility in a direct agreement with DSE. That is, accept the facility in its non-compliant state in order for the community to make it compliant. Council is prepared to relinquish its role as trustee in order to allow this proposal to occur. Could you please respond as a matter of urgency to convey DSE’s position and willingness to accept responsibility? A Notice of Motion has been lodged for next Wednesday evening’s Council meeting and your response is urgently required to inform Council’s position.” The following response was provided on 1 March 2013 by the Program Manager Public Land, North West region


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“The subject site is Crown land Reserved for Public Recreation and was Vested in Council as a Trustee in 1979. Under the vesting arrangement, Council manages the site for the purpose of public recreation and is responsible for matters such as public liability, day to day management of the facility and general maintenance. Should Council wish to either relinquish or delegate control of the pool area to another party. The options available are: 1. Council delegate management of the area by appointing a special committee under

section 86 of the Local Government Act 1989. With this option Council remains the trustee of the land and is still responsible for the assets and public liability.

2. Council issues a lease to a relevant community group under section 16(2) of the

Crown Land (Reserves) Act 1978 for a period of between 1 and 21 years. The term would be dependent on a suitable strategy for the site. With this option Council remains the trustee of the land but responsibility for the assets and public liability will transfer the lessee. Council could include special conditions in the lease to cover development and safety requirements to ensure the pool meets and maintains the required standard. It should also be noted that the lease would be subject to the approval of the Governor in Council.

3. Council relinquishes management of the area to DSE for transfer to another party.

DSE is not in favour of this option as matters such as asset responsibility, its demolition (if required), public liability and decisions on the future use of the site would transfer from Council to DSE. The exposure of risk to DSE would be greater under this arrangement and it should also be noted that formal divesting and survey of the site and restoration of the pool would be necessary prior to land transfer".

The following is officer comment on each of the options presented by DSE: Option 1 Council delegate management of the area by appointing a special committee under section 86 of the Local Government Act 1989. With this option Council remains the trustee of the land and is still responsible for the assets and public liability. The City of Greater Bendigo has been delegated as the Committee of Management for the site from the State Government. The City has provision under Section 86 of the Local Government Act to further delegate its responsibility to a Special Committee. Since the Local Government Act was revised to include onerous reporting requirements of Special Committees, the City has been working its special committees to transfer them to incorporated associations and enter into a management agreement with the City for their purpose. If the Golden Square Swimming Pool were operated with a Section 86 special committee the following individual, meeting and financial reporting is required under the Local Government Act.


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I. Personal

Disclose in an ordinary return the following information in relation to the return period-

• if the member held an office in a company and the name of the company;

• if the member held a beneficial interest in a company exceeding

$10,000 and the total value of issued shares of the company exceeds $10M;

• if the member has a beneficial interest in land within the municipality

and the address of that land;

• a concise description of any trust in which the member has a beneficial interest or of which the member is a trustee;

• particulars of any gift above the value of $200 received by the member;

and

• any other substantial interest whether of a pecuniary nature or not of the member or a family member that might appear to raise a material conflict of interest.

A member must not misuse his or her position to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person. Penalty: 600 penalty units ($73,284) or 5 years imprisonment or both.

II. Committee meetings

The public must be given reasonable notice of the meeting; Meetings of a special committee must be open to the public;

There must be a resolution to close the meeting and the reason for closure must be recorded in the minutes; Minutes must be kept of each meeting and contain details of the proceedings and resolutions made and incorporate relevant reports considered in the decision making process. The minutes must be signed by the Chairperson once confirmed; A member must disclose a conflict of interest in a matter which is to be, or is likely to be considered or discussed at the meeting. The interest must be classified in accordance with the Local Government Act 1989 as either a direct or indirect interest and the nature of the interest must be described. A member not attending a meeting because of a conflict of interest must make a full disclosure of that interest to the Chairperson in writing, classifying the type of interest and describing the nature of the interest; and


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A member who has a personal interest in relation to a matter that is in conflict with his or her duty in relation to the matter must, before the matter is considered, apply to be exempted from voting on the matter and must give reasons in support of the application.

III. Financial

A special committee is expected to comply with sound financial management practices, including –

• Preparation and adoption of an annual budget before the start of the relevant financial year;

• Quarterly financial reporting to the committee showing a comparison of

actual to budget for expenditure and income items;

• Annual financial statements prepared within one month after the end of the financial year;

• Annual financial statements must be adopted by the committee and

sent to Council;

• All cheques must be signed by at least two committee members;

• All receipts to be banked within three working days or, if the total amount of receipts exceeds $1,000, within one day;

• Accurate records for all income and expenditure items capable of being

audited at any time;

• All GST charged and paid must be recorded;

• Withholding Tax must be recorded in the Expenditure report; and

• An income and expenditure report is to be submitted monthly to the Finance Unit so that returns may be sent to the Australian Taxation Office.

It is believed that given these requirements, this management option would be too onerous to be fairly expected of a volunteer organisation, the public liability and overall risks remain with Council and is therefore not recommended.


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Option 2 Council issues a lease to a relevant community group under section 16(2) of the Crown Land (Reserves) Act 1978 for a period of between 1 and 21 years. The term would be dependent on a suitable strategy for the site. With this option Council remains the trustee of the land but responsibility for the assets and public liability will transfer the lessee. Council could include special conditions in the lease to cover development and safety requirements to ensure the pool meets and maintains the required standard. It should also be noted that the lease would be subject to the approval of the Governor in Council. The purpose of the Incorporations Act is to provide community groups with a simple and inexpensive means of becoming a legal entity and protect individual members in legal transactions.

Unlike special committees, incorporated associations are not subject to the strict compliance requirements of the Local Government Act.

Incorporated associations are also excluded from strict Corporations legislation which governs the operation of public and private companies.

While there are benefits to be gained from incorporation under the Association Incorporation Act 1981, there are also obligations. For example, incorporation requires the payment of application fees and obliges the association to maintain proper financial and membership records and registers. In addition, it imposes certain reporting obligations on the public officer and committee members.

However, the governance obligations under this Act are less onerous than those required of Section 86 special committees under the Local Government Act.

There is no requirement to submit ordinary returns of interest disclosing ownership of shares or land or positions held in companies or those of family members.

The Act does require a member of a committee of an incorporated association to disclose a direct or indirect pecuniary interest in a contract, or proposed contract, with the association as soon as he or she becomes aware of it to the committee. However, the scope of this requirement is limited and does not apply in respect of a pecuniary interest that only exists by virtue of the fact –

• that the member of the committee is an employee of the incorporated association; or

• that the member of the committee is a member of a class of persons for whose benefit the incorporated association is established; or

• that the member of the committee has the pecuniary interest in common with all or a substantial proportion of the members of the association.


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The Act also expects members of incorporated associations not to knowingly or recklessly make improper use of information acquired by virtue of his or her position in the association so as to gain, either directly or indirectly, a pecuniary benefit or material advantage. This requirement is not exceptional nor is it onerous. However, unlike a similar provision in the Local Government Act, the penalty attaching is considerably less, in this case 60 penalty units ($7,328). The provisions to be included in the rules for an incorporated association include the manner in which funds of the association are to managed, the intervals between general meetings and how those meetings are called, and the disposition of any surplus assets on the winding up or dissolution of the incorporated association. The Act requires an incorporated association to maintain adequate and accurate accounting records of the financial transactions of the association and that a statement containing particulars of income and expenditure during its last financial year be submitted at the annual general meeting. There is also the requirement that accounts be audited after the end of the financial year. If Golden Square Swimming Pool were operated by an incorporated association they are a separate legal entity to Council or the State Government and would be required to obtain public liability insurance. If anyone were to be employed workers compensation insurance would also be necessary. To formalise the relationship between the City of Greater Bendigo and an incorporated association managing Golden Square Swimming Pool, the City would also reasonably expect the committee to report on service levels, expenditure, health and safety and compliance with relevant legislation, codes of practice and guidelines. Officers believe this committee should be supported as all other Committees of Management responsible for the seasonal operations with an annual operating budget. Currently this is in the approximate vicinity of $50,000 per annum. Training Requirements In addition to these requirements, there are training requirements which anyone operating the facility (regardless as to whether they are paid or volunteers) would need to hold if they were to operate the facility. These include:

• All people using plant or chemicals - Pool Operators Certificate (5 day course) • Lifeguards – Pool Lifeguard Award (3 days first year and 1 day for subsequent

annual updates) and Senior First Aid (2 days and 1 day in subsequent years for CPR updates). In addition to formal training, 4 annual in-house training refresher sessions are required.

• Second responder (e.g. kiosk operator) – Senior First Aid. At the Council meeting of 13 February 2013 a list of physical works totalling an estimate of $292,000 was provided to Council outlining what would be required should the facility reopen. These works were provided based on current legislative requirements of the Public Health and Wellbeing, Dangerous Goods, Occupational Health & Safety Acts and Guidelines for Safe Pool operations.


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While the Guidelines for Safe Pool Operation produced by the Royal Life Saving Society of Australia are guidelines only, these guidelines are referenced by the Coroner when investigating fatalities. It is recommended that Council include these guidelines as a requirement. If Council agrees to pass management responsibility for the facility on to another entity there should be a mechanism by which the City validates that all necessary legislative requirements have been addressed before the facility was made available to the public. There also needs to be an understanding that there will not be any capital injection of funds from Council into the facility in future years. Nor will the City be in a position to prioritise its support for any funding applications if they are sourced from the same external funding and there is a chance it will compete with the ability to attract funds for the construction of the proposed Kangaroo Flat Aquatic facility. Option 3 Council relinquishes management of the area to DSE for transfer to another party. DSE is not in favour of this option as matters such as asset responsibility, its demolition (if required), public liability and decisions on the future use of the site would transfer from Council to DSE. The exposure of risk to DSE would be greater under this arrangement and it should also be noted that formal divesting and survey of the site and restoration of the pool would be necessary prior to land transfer. Officers cannot support this option given the advice from DSE to make good the site prior to handover.

Option 4 The fourth option is to continue with the closure o f the Golden Square pool as per Council’s previous resolution, continuing with the decommissioning.

Conclusion

While this offer to assume management of the facility is admirable, Council should note the significant technical, administrative, legal and financial burden this proposal would place upon the volunteers who may not understand the complexity of operating a commercial public swimming facility. Currently the City is operating 11 swimming facilities excluding Long Gully and Golden Square which have not been open for the 2012/13 season. This remains one of, if not the highest number of swimming pools of any municipality in Victoria. The Golden Square Swimming Pool is also 2.8km from Bendigo Aquatic Centre and serviced by two buses on Routes 1 and 2. There have been concerns raised by community members about the impact lobbying to fund repairs and rehabilitation of Golden Square may have on attracting funding for the progression of the proposed Kangaroo Flat Aquatic facility. It is desirable that Council reassures the community that the Aquatic project will not be compromised as a result of any decision about Golden Square.


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Officers cannot discount the enthusiasm and commitment demonstrated by the Save the Golden Square Pool group. It would be reasonable to support the progression of an incorporated association independent of Council as a separate legal entity to Council or the State Government and where they have their own public liability insurance. If anyone were to be employed workers compensation insurance would also be necessary. If this were to occur, officers believe this committee should be supported as all other Committees of Management responsible for the seasonal operations with an annual operating budget commensurate to other facilities of this size. Currently this is in the approximate vicinity of $50,000 per annum. The Committee potentially has the capacity to attract a range of skilled workers in a voluntary capacity that Council does not currently have access to. The City would expect the committee to report on service levels, expenditure, health and safety and compliance with relevant legislation, codes of practice and guidelines. Officers would recommend that Council as a minimum prior to handover, undertake a Lifesaving Victoria Safety Audit in order to support and provide guidance on operational requirements. In addition Council should replace the pieces that have been removed as part of the decommissioning process. Officers would need to obtain quotes for this work. If Council agrees to pass management responsibility for the facility on to another entity there should be a mechanism by which the City validates that all necessary legislative requirements have been addressed before the facility was made available to the public. There also needs to be an understanding that there will not be any capital injection of funds from Council into the facility in future years. Nor will the City be in a position to support any funding applications if they are sourced from the same external funding and there is a chance it will impact on the ability to attract funds and construction of the proposed Kangaroo Flat Aquatic facility. Council should also note that as per the resolution of Council from 13 February 2013 all people who held season passes to the Golden Square Swimming Pool during the 2011/12 summer season will be provided with a free season pass allowing access to any of the seasonal outdoor swimming pools in Bendigo. The issue of permanently decommissioning Golden Square Swimming Pool has been endorsed on three different occasions. It ultimately comes down to how much Council wishes to pay to reintroduce the decommissioned pieces and pay for future operating seasons. The response to this Notice of Motion has been considered in light of all the requests and demands received from other community groups for maintenance, programs, facilities and services. It is on this basis that whilst we value the endeavours of this group, Officers cannot support the proposal to recommission the facility and believe that Council continue with the process of decommissioning the Golden Square Swimming Pool as per Option 4.


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There is a procedural requirement for Council to de al with the Notice of Motion by either allowing the it to lapsed, adopting the moti on, in full or in part, or by defeating the motion.

If the Council is of a mind to support the Golden S quare Swimming Pool Group then the following needs to be considered in the fo rm of a motion.

1. Adopt Items 1 and 4 of the Notice of Motion. 2. Approve funds for the replacement of equipment that has been previously

decommissioned. 3. Assist the Golden Square Save the Pool Group in becoming incorporated. 4. Write to the Department of Sustainability and Environment formally requesting

transferring responsibility for the assets and public liability by way of a lease to the Golden Square Save the Pool Group once they are incorporated.

5. Issue a lease to the Golden Square Save the Pool Group (lessee) once

incorporated under section 16(2) of the Crown Land (Reserves) Act 1978 until the commencement of construction for the Kangaroo Flat Aquatic Facility. With this option Council will remain the trustee of the land but transfer responsibility for the assets and public liability to the lessee.

6. As a minimum requirement prior to handover, undertake a Lifesaving Victoria

Safety Audit in order to support and provide guidance on operational requirements. 7. Include special conditions in the lease that cover development and safety

requirements that includes all capital works (other than the replacement of pieces decommissioned) to ensure the pool meets and maintains the required standard in accordance with current legislative requirements of the Public Health and Wellbeing, Dangerous Goods, Occupational Health & Safety Acts and Guidelines for Safe Pool operations.

8. Request that the Committee undertake the necessary training requirements for

anyone operating the facility (regardless as to whether they are paid or volunteers). These include:

a. All people using plant or chemicals - Pool Operators Certificate (5 day course) b. Lifeguards – Pool Lifeguard Award (3 days first year and 1 day for subsequent

annual updates) and Senior First Aid (2 days and 1 day in subsequent years for CPR updates). In addition to formal training, 4 annual in-house training refresher sessions are required.

c. Second responder (e.g. kiosk operator) – Senior First Aid. 9. Refer to budget estimates an appropriate amount for operational funding for each

summer season to support the Committee in its pool operations. 10. Acknowledge there will not be any further capital injection of funds into the facility in

future years,


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11. Reassure the broader community that support for this model will not impact in any

way on the earliest progression and construction of the proposed Kangaroo Flat Aquatic facility, and

12. That in the event that the lessee is unable to recruit sufficient volunteers or maintain

the pool to a compliant standard during the lease period then Council proceeds with the decommissioning and demolition of the pool.


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8. COUNCILLORS' REPORTS

9. MAYOR'S REPORT

10. CHIEF EXECUTIVE OFFICER'S REPORT

11. CONFIDENTIAL (SECTION 89) REPORTS

Nil.

Council Meeting 6 March 2013

Documents

Transcript of Council Meeting 6 March 2013