Minutes for Ordinary Meeting Wednesday, 18 February 2015 Bass Coast Shire Council Council Chamber, Bass Coast Civic Centre, Baillieu Street, Wonthaggi 5.00pm
1. These minutes are due to be confirmed on 18 March 2015 2. Any decision included in these minutes is subject to change resulting from a rescission motion passed by Council.
Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
TABLE OF CONTENTS
A Present and Apologies ...... 4 B Community Question Time ...... 5 B.1 Keith Finney, Inverloch - Dog Policy ...... 5 B.2 Maurice Schinkel, Cowes - East Cowes Coastline ...... 6 B.3 Peter McMahon, Cowes - Proposed lease 50-54 Church Street, Cowes...... 6 B.4 Cr Phil Wright - Caravan Park at Forrest Caves ...... 7 C Confirmation of Minutes...... 8 C.1 Ordinary Meeting held on 10 December 2014 ...... 8 D Petitions and Deputations ...... 9 D.1 Petition - Request for weed removal in North Wonthaggi ...... 9 D.2 Joint Letter - Community consultation in relation to Inverloch dog restrictions ...... 11 E Reports Requiring Council Decision ...... 14 E.1 140283 - 2140 Korumburra-Wonthaggi Road, Lance Creek - Buildings and Works associated with an abattoir, car parking waiver and alterations to site access point into Korumburra-Wonthaggi Road ...... 14 E.2 140330 - Beach Crescent, Newhaven - Use of the land for a licensed food and drink premises, alterations to the existing building and provision of off site parking ...... 39 E.3 140318 - Proposed two lot subdivision, 64-80 Murray Street, Wonthaggi ...... 56 E.4 Councillor Representative for the Peri Urban Group of Rural Councils ...... 69 E.5 Kerbside greenwaste trial ...... 72 E.6 Review Urban Roads and Drainage Improvement Policy - Receipt of Submissions ...... 77 E.7 Sunset Strip Estate Potential Road and Drainage Upgrade - Results of Further Community Questionnaire ...... 85 E.8 Local Road Safety Improvement Program ...... 106 E.9 Victorian Charter for Child Friendly Cities and Communities ...... 110 E.10 Appointment to Domestic Animal Management Advisory Committee - Community Representative ...... 113 E.11 Adoption of Arts and Culture Plan 2015 - 2019 ...... 116 E.12 2016 Revaluation of Shire ...... 124 E.13 Proposed Lease 50 - 54 Church Street Cowes - Phillip Island Community Health Centre ...... 129 E.14 Commencement of Public Submissions Process - for Council's proposed leases of The Newhaven Jetty Shed, Beach Crescent Newhaven, Cowes Caravan Park, 164-188 Church Street, Cowes, Newhaven Caravan Park, Old Bridge Drive, Newhaven and the Inverloch Bowling Club, 20 The Esplanade, Inverloch ...... 134 E.15 Complaint Handling Policy ...... 138 E.16 Recruitment of Independent Members to the Audit Committee ...... 141 E.17 Funds Investment Policy ...... 145 F Notices of Motion ...... 150 G Committees and Delegates Reports ...... 152 G.1 Inter Council Aboriginal Consultative Committee...... 152 G.2 West Gippsland Regional Library Corporation Board ...... 154 G.3 South East Australian Transport Strategy ...... 156 Bass Coast Shire Council Page 2 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.4 Rural Engagement Group ...... 158 G.5 Place Names Committee Meeting Minutes ...... 159 G.6 Bass Coast Shire Council Audit Committee ...... 160 G.7 Community Road Safety Committee ...... 162 G.8 Municipal Fire Management Planning Committee ...... 163 G.9 Municipal Emergency Management Planning Committee ...... 164 G.10 Bass Coast War Memorial Custodial Committee of Management ...... 166 G.11 Phillip Island 150th Celebrations Planning Committee ...... 168 G.12 Community Safety and Events Advisory Committee ...... 169 G.13 Public Art Reference Committee ...... 171 G.14 Domestic Animal Management Advisory Committee ...... 172 H Performance Monitoring Reports ...... 174 H.1 Building Statistics for the month of November 2014 ...... 174 H.2 Building Statistics for the month of December 2014 ...... 175 H.3 Planning Permits decided under Delegation - November 2014 ...... 176 H.4 Planning Permits decided under Delegation - December 2014 ...... 179 H.5 Planning Statistics for the month of November 2014 ...... 182 H.6 Planning Statistics for the month of December 2014 ...... 183 H.7 Contracts Awarded Report ...... 184 I Watching Bass Coast ...... 187 I.1 Events Update ...... 187 I.2 Continuous Improvement Report - Fire Hazard Inspection Process ...... 199 I.3 Assembly of Councillors Report ...... 202 I.4 Councillor Expenditure Report (October to December 2014) ...... 204 J Acknowledgements ...... 206 J.1 Acknowledgements - Cr Andrew Phillips ...... 206 J.2 Acknowledgements - Cr Clare Le Serve ...... 206 J.3 Acknowledgements - Cr Phil Wright ...... 206 J.4 Acknowledgements - Cr Jordan Crugnale ...... 207 J.5 Acknowledgements - Cr Neil Rankine ...... 207 J.6 Acknowledgements - Cr Kimberley Brown ...... 207 K Urgent Business ...... 208 L Closed Minutes ...... 211 L.1 Closed Ordinary Meeting held on 10 December 2014 ...... 211 M Items Closed to the Public ...... 211 M.1 Other matter ...... 211 M.2 Other matter ...... 211
Bass Coast Shire Council Page 3 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Meeting commenced The meeting commenced at 5.07pm
Prayer: Cr Kimberley Brown read the prayer. Acknowledgement: Cr Jordan Crugnale read the acknowledgement. Statement: Cr Bradley Drew read the Councillor Statement.
A Present and Apologies
Councillors: Cr Kimberley Brown, McHaffie Ward (Mayor) Cr Jordan Crugnale, Townsend Ward (Deputy Mayor) Cr Andrew Phillips, Thompson Ward Cr Bradley Drew, Anderson Ward Cr Clare Le Serve, Leadbeater Ward Cr Neil Rankine, Hovell Ward Cr Phil Wright, Churchill Ward
Officers: Mr Paul Buckley, Chief Executive Officer Mr Mark Brady, General Manager Governance and Organisation Development Mr David Elder, General Manager Healthy Communities Mr Cohen Van der Velde, Acting General Manager Infrastructure Ms Jodi Kennedy, Acting General Manager Sustainable Development and Growth Ms Sarah Male, Governance Officer Ms Simone Short, Media Communications Officer
Apologies: Nil
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B Community Question Time
B.1 Keith Finney, Inverloch - Dog Policy a. At the November Council meeting a motion was passed permanently banning off- leash dogs from approximately 700 metres of an Inverloch beach. In moving the motion Cr Crugnale stated that wildlife in the area was at risk from “even the scent of” an on-leash dog. Can Council please list the particular species at risk 100 metres or more from Screw Creek and make available to the public the detailed evidence of the risk to wildlife that was considered by Councillors before they voted on the motion? Context People who have used this area of beach for many years are totally unaware of any wildlife at risk from on-leash dogs. Members of the community, who gave up much of their time in the consultation process, are entitled to know which particular beach animal/bird is at threat from on-leash dogs hundreds of metres from Screw Creek. b. At the November Council meeting, Cr Crugnale introduced an alternative motion that considerably varied Council recommendations as to when dog restrictions were to apply on Inverloch beaches in 2014/15. Can Council please explain why Cr Crugnale could not have informed Chit Chat of her proposals prior to the last community consultation meeting and/or DAMAC prior to its November meeting? Specifically what new information became available to Councillors that were not available earlier? Context The Council recommendations were a close approximation as to when Inverloch beaches are busy, e.g. when Lifesavers operate. Members of the community, who gave up much of their time in the consultation process, are entitled to know on what basis Councillors ignored community and Council officer views. Cr Brown responded that Council considered a range of factors when making its decision. This included outcomes from the community and stakeholder consultations, officer recommendations and advice from the Domestic Animal Management Advisory Committee. During community consultation and when considering its decision, the question of ‘how do we allow for fair and equitable use of our beaches by all users while taking into account amenity, environmental issues and safety concerns’ was considered. Council believes the overall outcome to have met these criteria. Cr Crugnale provided a comprehensive summary of the documentation and research that supported her position and subsequent decision making in relation to dog restrictions on Inverloch beaches.
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B.2 Maurice Schinkel, Cowes - East Cowes Coastline Will Council delay consideration of the placement of groynes on the East Cowes coastline until the release of the Western Port Local Coastal Hazard Assessment? Cr Brown responded that Council will continue to work with Department of Environment Land Water and Planning (DELWP) who are the lead agency to replace existing groynes at East Cowes that have deteriorated over time. The purpose of the groynes is to maintain a sandy beach in the area. The release of the Western Port Local Coastal Hazard Assessment by the State Government is imminent. Once released Council will consider its findings and recommendations.
B.3 Peter McMahon, Cowes - Proposed lease 50-54 Church Street, Cowes If required I would like to talk to the questions. As a Stakeholder ie: A community member, ratepayer and/or tourists of Bass Coast municipality - Why given the change in State Government are we: a. Still only suggesting the only funding available for any future development on the above land, is to come from State Government and Warley Trust. After a recent meeting I had with Hon Greg Hunt MHR (7/2/15) who told me and others, that the Federal Government had until the end of June 2015 $2.5mil on the table waiting for an answer of exactly what Bass Coast Health and others wanted to do with it, doesn’t that make a potential $5.8mil, if that is so, why would you only build a Health Centre, when the Island stakeholders are calling for better Health provision to be supplied to them? b. If the above is possible why can’t Wonthaggi Hospital (BCH)manage a small annex to provide better health outcomes and treatments like a dialysis bed, chemo and the like using a Nursing practitioner, plus the Health Centre, plus offering the potential for visiting specialists the ability to add services not covered by the Cowes Medical Centre at present? I was under the impression the Medical group only had a four year agreement with the State Government, surely it must either be up or almost up, what then? Cr Brown responded that these are really questions for Bass Coast Health rather than Council. Our understanding is that Bass Coast Health will continue to liaise/negotiate with the Federal Government in relation to the use of the funds. The lease presented to Council for consideration this evening is in response to previous Council resolutions agreeing to lease the land for the purposes outlined. Cr Brown advised that she would happily pass these questions on the Bass Coast Health on behalf of the questioner.
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B.4 Cr Phil Wright - Caravan Park at Forrest Caves 1. When is the proposal likely to be voted on by Council? 2. How does this comply with the 60 days rule? 3. When do submissions close? 4. Does Council intend to review the draft Rural Land Use Strategy to include a caravan park strategy? 5. Is it possible to have a “Kernot” style meeting in Cowes to discuss the proposal? Ms Kennedy responded in relation to question one: April or May 2015, depending on whether there are any issues raised by referral agencies which require further information need to be worked through Ms Kennedy responded in relation to question two: The clock is currently stopped at 29 days. Additional information has been requested which will reset the clock. Ms Kennedy responded in relation to question three: Submissions will be accepted up until the time Council is ready to make a decision. Ms Kennedy responded in relation to question four: The Rural Land Use Strategy was adopted by Council in August 2013. Council is currently preparing documentation to implement the recommendations of the Rural Land Use Strategy into the Bass Coast Planning Scheme. At the time council considers this document the matter of a Caravan Park Strategy can be discussed. Cr Brown responded in relation to question five: Yes, a similar style community forum can be arranged.
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C Confirmation of Minutes
C.1 Ordinary Meeting held on 10 December 2014
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Neil Rankine That the minutes of the Ordinary Meeting held on 10 December 2014 be confirmed. CARRIED
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D Petitions and Deputations
D.1 Petition - Request for weed removal in North Wonthaggi
File No: CM14/1334 Department: Infrastructure Council Plan Strategic Objective: Natural Environment Our unique natural environment is protected, maintained and enhanced for the enjoyment of all.
A petition has been received which includes 156 names, addresses and signatures from residents in the North Wonthaggi area. The petition reads: “We the undersigned request the Bass Coast Shire Council take urgent action to prevent the spread of the invasive lawn weed known as Bindi, Bindii or Bindi- eye which produces tiny sharp needled seeds that are painful to stand on. This weed is spreading rapidly along the nature strips and lawns in our area and needs urgent treatment.” There was no covering letter submitted with the petition pages. Section 63.2 of the Bass Coast Shire Council Meeting Procedure Local Law 2009 states that: “A petition or joint letter presented to Council must lie on the table until the next ordinary meeting of Council and no motion, other than to receive the petition or joint letter may be accepted by the Chairperson, unless the Council agrees to deal with it earlier.”
Recommendation 1. That the petition be received and lie on the table until the next Ordinary meeting of Council. 2. That the head petitioner be advised of Council’s decision.
Attachments AT-1 CONFIDENTIAL - Petition 5 Pages AT-2 CONFIDENTIAL - Petition 3 Pages
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Council Decision Moved: Cr. Bradley Drew / Seconded: Cr. Neil Rankine That Council deal with the petition at this meeting. CARRIED
Council Decision Moved: Cr. Bradley Drew / Seconded: Cr. Neil Rankine 1. That further investigation be undertaken in relation to the issue prior to the report being presented to the next Ordinary Council meeting. 2. That the head petitioner be advised of Council’s decision. CARRIED
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D.2 Joint Letter - Community consultation in relation to Inverloch dog restrictions
File No: CM14/1374 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
A joint letter has been received from three Inverloch residents in relation to the community consultation process for the Inverloch dog restrictions. The submitters express concerns regarding the changes to recommendations from the community, Domestic Animal Management Advisory Committee and the Community Safety Team. They also have concerns regarding the restrictions. Section 63.2 of the Bass Coast Shire Council Meeting Procedure Local Law 2009 states that: “A petition or joint letter presented to Council must lie on the table until the next ordinary meeting of Council and no motion, other than to receive the petition or joint letter may be accepted by the Chairperson, unless the Council agrees to deal with it earlier.”
Recommendation 1. That the joint letter be received and lie on the table until the next Ordinary meeting of Council. 2. That the submitters be advised of Council’s decision.
Attachments AT-1 CONFIDENTIAL - Joint letter 2 Pages
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Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Clare Le Serve That Council deal with the petition at this meeting. CARRIED
Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Phil Wright That Council write to the submitters: 1. thanking them for their comments; and 2. advising that their feedback will form part of any future deliberations and discussions regarding dogs on Inverloch beaches, timeshare arrangements, off leash areas and access to amenities and facilities. CARRIED
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Reports Requiring Council Decision
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E Reports Requiring Council Decision
E.1 140283 - 2140 Korumburra-Wonthaggi Road, Lance Creek - Buildings and Works associated with an abattoir, car parking waiver and alterations to site access point into Korumburra-Wonthaggi Road
File No: CM15/17 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Application Details Use/Development Sought: Buildings and works associated with an abattoir, car parking waiver and alterations to site access point into Korumburra-Wonthaggi Road The Land: 2140 Korumburra-Wonthaggi Road, Lance Creek Planning Scheme: Bass Coast Zoning: Farming Zone Locality Plan: (refer attached)
Declaration The author has no direct or indirect interests in relation to this report.
Executive Summary The application proposes a $26 million dollar upgrade to the existing Tabro Meats abattoir at 2140 Korumburra-Wonthaggi Road, Lance Creek. The proposed investment is set to double jobs on the site from 160 to 320 full-time posts. Production of meat products is predicted to treble, with cattle processing numbers increasing from 500 to 1500 head per day. The new rendering plant and waste digesters / cogeneration plant / gas boiler will incorporate noise and odour reduction features as they have the greatest potential to produce offsite amenity impacts. The new rendering plant will replace the existing rendering plant on the site. This new plant is proposed to handle anticipated increases in cattle processing capacity from the proposed site upgrades. The new cogeneration and rendering plants will decrease odour from the current levels. The cogeneration plant will remove the need to place paunch waste (grass from cattle stomachs) to compost in the surrounding fields; in the future paunch waste will be processed by the cogeneration digester.
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Abattoir operations are highly regulated by the Environment Protection Authority Victoria (EPA). The regulations cover welfare of animals, noise, odour, water and wastewater. Further to any planning permit being issued, the applicant must obtain a Works Approval from the EPA prior to being able to undertake any works. The requirement for this to occur will be reflected by a planning condition. Tabro Meats is the subject of regular inspections from the EPA. The company must maintain a regular monitoring procedure in order to comply with the conditions of any EPA permit. The monitoring of the site by the EPA significantly exceeds planning controls in terms of odour, noise and wastewater. Korumburra-Wonthaggi Road is a designated Vic Roads road. The applicant has provided a Traffic Impact Assessment to consider the additional vehicle movements, which will occur from the proposed upgrades to the abattoir. The application has been assessed by Vic Roads, who are satisfied that the upgrades to the existing intersection proposed within the application are acceptable, subject to conditions. The officer recommendation is that the upgrades be supported. All planning requirements are met and amenity considerations will be closely monitored by the EPA.
Proposed Use & Development The application proposes to make major upgrades existing facility. The aim is to increase cattle throughput from 500 head to 1,500 head per day, tripling of current operations. Proposed new buildings and works would be centrally located on the site and be either directly adjacent / attached to, or within existing buildings (retrofitted), the works include: • A new rendering plant with dimensions of 50 metres by 40 metres and an area of 2,000 square metres (sqm); • A new feed conveyor would extend from the existing plant to service the rendering plant; • A waste digester/cogen plant and gas boiler plant (building) attached to the existing plant. Dimensions would be 30 metres by 25 metres equalling an area of 750 sqm; • New refrigeration plant and cool rooms attached to the existing plant. The additions form an ‘L’ shape around the existing facility and contain an area of 2,786 sqm; • New staff amenities are proposed (containing change rooms, showers and lunch rooms) within the footprint of the existing site buildings. The additions would measure 21 metre by 18 metres and contain an area of 378 sqm • An additional Packing Storage Warehouse is proposed measuring 40 metres x 35 metres and containing an area of 1,400 sqm; • An additional Plate Freezer and an access corridor are proposed to be attached to the additional Packing Storage Warehouse building; • A covered, but not fully enclosed, Cattle Unloading and Undercover Yard area is proposed. This addition proposes dimensions of 150 metres 30 metres with an area of 4,500 sqm; Bass Coast Shire Council Page 15 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
• A Product Display and Meeting/ Conference Room is proposed adjacent to the existing site access way closest to the site frontage. This area has dimensions of 10 metres by 12 metres and an area of 120 sqm. A new Covered Dam is proposed on the site as follows: • The dam would be located between the existing site buildings and both the existing and recently approved winter storage dam; • The dam would be of earthen construction and have a plastic lining and cover; and • The dam has dimensions of approximately 150 metres x 80 metres with an area of approximately 12,000 sqm. Staff numbers are proposed to approximately double from 160 to 320 • The majority of staff (except those office based) would work in two shifts being from 4.45am to 2.20pm; and 2.30pm to 11.05pm. • The existing staff parking area proposes to be significantly expanded from the approximate 100 spaces presently provided to approximately 220 spaces (to cater for 160 new employees and including provision for ‘overlap parking’ during shift change. • An open hardstand area for Truck Trailer/ Container Staging is proposed adjacent to car parking area (110 metres by 30 metres and an area of 3,300 sqm) • New internal roads, and upgrades to existing internal roads, are proposed as shown on the proposed site master plan. Site Access Upgrading existing site access off Korumburra-Wonthaggi Road to include formalising and widening the existing access by approximately two metres (one metre each side) to allow two trucks to enter/ exit the site simultaneously. Vegetation Vegetation impacts would be limited to removing some existing Cyprus pine trees along and adjacent to the existing access and vehicle parking areas. No native vegetation is proposed to be pruned or removed as part of this application. Phasing The proposed additions represent a significant upgrade to the existing facility with approximately 12,000 sqm of additional buildings and site working areas proposed. It is proposed that the upgrades will be undertaken in two stages and over the course of 2-3 years.
Reason a Council Decision is required The cost of works is estimated at $26 million dollars.
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Background Subject Site The existing Tabro Meat facility is located on the northern side of Korumburra- Wonthaggi Road, Lance Creek on land formally described as Lots 1 and 2 on TP 514081U. Three easements (water, drainage and electricity) are registered on Title. No restrictive covenants are registered on Title. The site is currently used for the purpose of an abattoir (Tabro Meat). The abattoir has operated on the site for more than 30 years. The subject site is relatively flat, whilst slightly undulating in parts. The buildings associated with the processing of meat are clustered together in a central location. The car park is located directly to the south of the main buildings. An onsite wastewater management system consists of a number of treatment ponds and water storage dams. A recent approval was given for a winter strorage dam in the northern part of the site, in 2014. On site vegetation generally comprises of pasture grasses that are irrigated, fertilised and regularly grazed. Some planted trees and shrubs surround the existing site buildings. It is likely that a number of the trees will be impacted by the proposed new works. The existing single access point for workers and trading vehicles is from the Wonthaggi Korumburra Road. The road is managed by Vic Roads. At present Tabro meats employs approximately 160 staff and contractors and is capable of processing approximately 500 head of cattle per day. Surrounds Land surrounding the subject site is predominately used for agricultural grazing purposes, with some scattered residential dwellings. The nearest dwelling is located approximately 700 metres from the existing processing area. The nearest dwelling to the property boundary is approximately 100 metres, to the eastern boundary. The topography of the surrounding area is gently undulating and the site is surrounded by a number of dairy farms. Lance Creek river course runs through the western portion of the site, approximately 225 metres from the abattoir buildings; and 110 metres from the ponds.
Planning History Notice It was considered that notice of the application was required. Notification instructions were sent to the applicant on 9 December 2014, the Statutory Declaration was received by Council on 28 January 2015. The applicant was required to send letters to 41 adjoining landowners place a notification in the South Gippsland Sentinel Times and erect a sign on the subject site. Three objections were received, with concern for the following reasons: • Inadequate Environmental Impact Statement as to how the plant would improve production impacts such as noise and odour; • Wording of the application in regards to odour is too generic, more details required;
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• Noise - lack of details in regards to any impact from the extended premises and how the proposed extensions will comply with regulations; • Truck movement numbers, expansion from 13 to 30 per day. Concern over engine break use coming down the hill from the Kongwak roundabout; • Aesthetics, the colour is a white and therefore highly reflective, the colour for the extensions should be subservient; • Water runoff, existing culverts in the surrounds cannot cope with stormwater runoff, need to upgrade the existing infrastructure; and • Groundwater contamination, concerns over existing contamination levels and the treatment of waste water in the expansion planned Following receipt of these comments, the applicant contacted the objectors in order to discuss concerns. Council sent the concerns to both VicRoads and the permit applicant to consider and respond to the points raised.
Referrals External Pursuant to Section 52 of the Planning and Environment Act, 1987, the application was referred to VicRoads, Environment Protection Authority (EPA), South Gippsland Water, Country Fire Authority (CFA) and the Department of Sustainability and Environment (DEPI). The responses to the application are as follows: • VicRoads - had no objection and required no conditions. • EPA – No objection subject to a Works Approval Application being submitted. EPA has requested a condition on the permit related to the issue of works approval prior to any works being commenced • South Gippsland Water – no objection subject to conditions • CFA (Clause 52) – no response recorded • WGCMA (Clause 52) – no objection subject to a guidance note in regards to works proximity to designated waterways being appended to the permit Internal The application was referred to Council’s Asset Management and Environmental Health Departments, neither objected. Asset Management requested permit conditions related to detailed construction plans, drainage and the protection of the amenities of the area.
EPA Requirements Tabro Meats currently operates under EPA Licence ES212, which regulates two major onsite processes being: • D01 – Abattoirs • D02 – Rendering • An EPA Works Approval is required for the proposed new rendering plant. The existing facility is required to comply with EPA licence regulations, including managing:
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. Amenity – Odour discharge beyond the premises boundary . Water – Stormwater discharge must not be contaminated . Wastewater – discharge must not adversely affect the land or groundwater • Annual EPA reporting (for previous financial year) A monitoring program must be implemented to ensure compliance with the conditions of the EPA licence. Tabro Meats operates under stringent EPA conditions. Whilst the proposed upgrades are significant, the applicant considers that EPA Licence ES212 does and would continue to suitably manage future site operations in accordance with Tabro Meat’s internal performance standards, safety and environmental management systems. An EPA Works Approval for the rendering plant will need to be submitted as a result of a planning permit for the works proposed. It is anticipated that the EPA Works Approval would be submitted within 12 months of the determination of this Planning Application. The EPA have confirmed this requirement and requested a condition be appended to the permit. Permit Triggers A permit is required under the following clauses of the planning scheme: • Buildings and works associated with a Section 2 Use (abattoir) under Clause 35.07-4 of the Farming Zone. • Clause 52.06-3 to ‘reduce the number of car parking spaces required under Clause 52.06-5’ • Clause 52.29 to ‘Create or alter access to: A road in a Road Zone Category 1’.
Relevant Strategies State Planning Policy Framework The State Planning Policy Framework informs planning authorities of the State policy and provides a context for decision making. Relevant to this application are: Clause 13.04-1 Noise Abatement Section 13 of the State Planning Policy Framework is concerned with the management of Environmental Risks. The key consideration of this strategy is to: ‘ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area’ Additionally the ‘Interim Guidelines for Control of Noise from Industry in Country Victoria (Environment Protection Authority, 1989)’ are identified as relevant under this clause. Clause 13.04-2 Air Quality The objective of this clause is to:
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‘Ensure that land-use planning and transport infrastructure contribute to improved air quality by: Ensuring wherever possible, that there is suitable separation between land uses that reduce amenity and sensitive land uses’. Clause 14.01-2 Sustainable Agricultural Land Use Relevant strategies of promoting sustainable agricultural land use, includes: • ‘support effective agricultural production and processing infrastructure, rural industry and farm-related retailing and assist genuine farming enterprises to adjust flexibly to market changes; and • Facilitate the establishment and expansion of cattle feedlots, piggeries, poultry farms and other intensive animal industries in a manner consistent with orderly and proper planning and protection of the environment’. Clause 14.02-2 Water Quality The objective of this clause is ‘to protect water quality’. Of relevance to this application is the requirement to: ‘Ensure that land use activities potentially discharging contaminated runoff or wastes to waterways are sited and managed to minimise such discharges and to protect the quality of surface water and groundwater resources, rivers, streams, wetlands, estuaries and marine environments.’ All process / wastewater from the existing abattoir operations is treated and then stored onsite in a series of treatment lagoons. Once treated the recycled water is spray irrigated for use on surrounding pasture. The proposed site upgrade works will allow for increased waste recovery (via the digester and cogeneration plant) and improved waste water treatment. The intention is to allow for recycling of some water into the process plant, with the balance irrigated to surrounding pasture and no water is discharged into the nearby waterway. Clause 15.03-2 Aboriginal Cultural Heritage Significance The objective of this clause is ‘to ensure the protection and conservation of places of Aboriginal cultural heritage significance An area of cultural heritage sensitivity exists approximately 300 metres to the north of the northern site boundary but does not affect the subject site. A Cultural Heritage Management Plan (CHMP) is not required for the proposed works. Clause 17 Economic Development Economic Development into an area must build on the strengths of the existing area, as such: ‘Planning is to provide for a strong and innovative economy, where all sectors of the economy are critical to economic prosperity; and Planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential.’ Clause 19.03-5 Waste and Resource Recovery A strategy of this clause is to ‘Establish new sites and facilities to safely and sustainably manage all waste and maximise opportunities for resource recovery’.
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Local Planning Policy Framework The Local Planning Policy Framework includes the Municipal Strategic Statement and Local Planning Policies. The Local Planning Policies are tools used to implement the objectives and strategies of the Municipal Strategic Statement. The objectives and strategies of the Municipal Strategic Statement are set out under five themes. Of relevance to this application are: Clause 21.02 - Profile of Bass Coast The landscape and built form section 21.02-7 highlights the characteristics of the Bass Coast Shire: ‘Many residents are attracted to this region by the rolling hills leading down to the coast. Building dwellings on ridgelines, to gain views over rural hills, to the water in the distance, has previously been a popular development trend. The municipality is host to several National Trust listed landscapes. The landscapes and views of the municipality need protection from inappropriate development’. Clause 21.03-2 Land Uses Commercial development, should seek opportunities for ‘Growing the local economy and encouraging local employment.’ Clause 21.06-2 Key Issues – Commercial The key objective for commercial development in Bass Coast is ‘to support the development of new and existing businesses within the municipality.’ Clause 21.06-5 - Key Issues - Agriculture Agricultural activities, particularly dairy and beef cattle farming are a significant contributor to the local and regional economies and a major source of local employment. Encourage rural industries which package and/or process local primary products in proximity to their raw product. Clause 21.08-1 Landscape An objective of Clause 21.08-1 is ‘to ensure that development is subordinate to the natural, visual and environmental landscape character and significance.’ Whilst coastal landscapes and hinterlands are highly valued by the community and are an important tourist feature, the existing abattoir facility is located some distance away from the coast and is located on gently undulating rural farmland. Relative to what presently exists; the proposed site upgrades would not cause any significant offsite impacts. Clause 21.08-5 Cultural Heritage An objective of Clause 21.08-5 seeks ‘to protect Aboriginal and post European settlement cultural heritage sites.’ An area of aboriginal cultural heritage sensitivity is located to the north of the subject site, but not on the site itself. HO110 entitled ‘2250 Korumburra-Wonthaggi Road, Lance Creek’ is located approximately 500 metres west of the subject site. Neither of these heritage areas will be impacted by the proposed buildings and works at the existing Tabro Meat site. As such Cultural Heritage is not a consideration of this application.
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Planning Scheme Requirements Clause 35.07- Farming Zone The purpose of the Farming Zone is to provide land for an agricultural function. An application must address criteria relevant to Clause 65 (Decision Guidelines) as well as considering other factors such as the capability of the land to accommodate the development; sustainable land management practices; capacity to accommodate agriculture; impact of the design and siting on the character of the area. The following particular provisions are considered relevant to the proposed development: Clause 52.06 – Car Parking The application requires a reduction in the car parking space numbers provided. The applicant has provided a detailed car parking assessment as part of the Transport Report. The car parking assessment states that the existing site has space for 120 cars of which 20 are formally marked. The proposal is to increase the number of spaces to 200 as part of the proposed development. Under Clause 52.06 the abattoir falls under the definition of industry other than listed in the table which accompanies Clause 52.06. A requirement of 2.9 spaces per 100 sqm of net floor area applies. The net floor space of the additions to the development is 7,314 sqm, generating a need for 212 car parking spaces. The application proposes 80 additional spaces and therefore a shortfall of 132. Clause 52.10 – Uses with Adverse Amenity Potential The Table to Clause 52.10 sets out threshold distances for uses with adverse amenity potential. The threshold distance for an Abattoir is 500 metres. The thresholds in this Clause are in regards to minimum requirements for setbacks for land in a residential zone. The nearest General Residential Zoned land to the subject site is Wonthaggi, which is around 6 kilometres to the south west. Clause 52.29 – Land Adjacent to a Road Zone, Category 1 The Korumburra-Wonthaggi Road is a Vic Roads asset; as such any alteration to the access point into the road requires consideration from Vic Roads. The applicant has supplied a transport assessment and design work to indicate the upgrades required. Vic Roads have considered the application and do not object subject to conditions being placed on the permit. The conditions include the phasing of works on the access point to co-inside with the development of the abattoir facility.
Officer’s Considerations Noise Noise output from the facility is managed as part of existing EPA licence ES212 which governs amenity related issues at the site. The site is located in a rural area and a suitable distance from existing dwellings further reducing noise issues.
Bass Coast Shire Council Page 22 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The applicant has undertaken some noise monitoring in January 2015 in response to comments received. The noise counts taken in January 2015 indicated no significant noise disturbances from the machinery and Tabro buildings at the site boundary. Plant equipment on the site runs 24/7 for cooling, boilers etc. The new equipment to be installed will predominantly be within the enclosures or buildings and not external and is therefore unlikely to result in increased noise levels. Noise controls on the site are regulated by the EPA; the applicant must ensure that levels remain below EPA SEPP requirements at the property boundary. The applicant has indicated that noise treatments could be undertaken on site if required including exhaust silencers on compressors. Planting and landscape works around the site boundary will also lessen visual and to a lesser extent noise concerns. The applicant will need to provide landscape plans as a condition of the permit. No issues with noise levels were recorded at Councils inspections of the site. Odour Air quality from the facility is managed as part of existing EPA licence ES212 which governs amenity related issues at the site. Suitable separation distance exists between the site and nearby rural dwellings. The applicant has made significant upgrades to the improve site operations and reduced odour emissions over the past 12 months. Council has approved applications for a winter storage dam and undercover cattle storage yard. The application proposes a number of measures which will reduce potential odour emissions from the subject site. These measures include the installation of an aerobic lagoon as part of the Cogen Plant. This allows paunch waste from a cow’s stomach to be captured in a covered lagoon, presently this waste is spread over the subject site. The paunch waste will in future be fully covered in the lagoon, ensuring no emissions as opposed to composting in the open. The lagoon will also increase capacity in the existing anaerobic pond. All gases created in the new lagoon will be removed by a vacuum to the cogeneration facility. The increased paunch waste that is to be created from the expanded operation has necessitated the need to provide a lagoon. However, the overall result of the proposed works is less odour. The render plant will be replaced, the existing plant has been in use for over 20 years and is therefore outdated (whilst still being operational and meeting standards). Technology advances will mean the new plant will have considerably lower emissions than the existing, including odour emissions. The existing plant will be demolished once the new facility is operational. Waste and Wastewater Management The abattoir actively undertakes onsite resource recovery. This includes onsite wastewater treatment and the use of animal remains for the production of by- products including tallow and protein meal (used in chicken and pig food) from the existing (and proposed to be upgraded) rendering plant. Additionally the proposed Cogen Plant will process waste streams and utilise the methane gases produced to create steam which in turn would produce electricity and some hot water for the site. All packaging material is recycled (plastics, cardboard, timber, steel) on site.
Bass Coast Shire Council Page 23 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The wastewater treatment plant will be upgraded to enable more water to be used within the subject site. Soil/Water Contamination Concerns have been raised through the application process in regards to the spillage of blood from the abattoir affecting soil quality. The applicant has stated that as blood is a commodity which is sold, every attempt is made to capture this for sale. EPA licence requirements included the management of the quality of waste water to ensure water is treated in the onsite lagoons. The spreading of paunch waste is currently permitted by the EPA; however, this is to be phased out within the new plant. Whilst the paunch waste is not showing as causing water contamination issues, ceasing this practice will remove a potential contamination source. Access The access point for truck movements into and out of the subject site is likely to have some noise impact. At present the premises is only open within morning and afternoon hours. The additional shift proposed will increase staff movements in the evening and nights. The applicant has submitted that truck movements will be confined to day time periods only. B-double trucks deliver the cattle and also remove the finished products from the site. It would be reasonable to impose a condition on the permit in regards to when trucks are allowed to enter and exit the subject site. With the proposed additional shift and jobs for the abattoir, staff movements to and from the site will increase considerably. The shift times are planned between 4.45am and 11.05pm. Some workers will leave the night shift earlier than this, dependent on where in the production line they work. The access point is directly opposite a residential dwelling at present. Parts of the production line finish an hour to an hour and a half before the end of the shift, resulting in staggered vehicle movements leaving the site. Car Parking The car parking waiver as requested is considered to be reasonable. Council’s Asset Management team have reviewed the Transport Report and have not raised any concerns in regards to the content of the report and the proposed waiver of the car parking spaces. The site at present provides 120 car parking spaces of which 20 are formalized. The car parking spaces would be raised to 200 as part of the application. The requirement for parking levels is short of the requirements for the size of the facility by 132 spaces. However, the shift working pattern and predicted staffing levels (approximately 160 per shift) would indicate that car parking spaces are adequate. The applicant has indicated the staggering of shift works will result in the car parking spaces being ample as shifts can start or finish earlier dependent on the workers role in the production line. As stated Councils Engineers have not raised any concerns to the waiver of car parking requested.
Bass Coast Shire Council Page 24 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Use of the Land The abattoir facility has existed at this location for more than 30 years and is well established. The proposed site upgrades would increase processing capacity and also the number of staff and contractors employed at the site. Impact on Surrounds The nearest dwelling to the site is located on the southern side of Korumburra- Wonthaggi Road, directly opposite the existing site access point. Excluding the existing/ proposed vehicle parking area (not a building), the dwelling is located the following distances (approximately) from the proposed new site buildings/ plant: • 275 metres from the proposed Product Display and Meeting/ Conference Room • 420 metres form the proposed Packing/ Storage Warehouse • 435 from the proposed Cattle Unloading and Undercover Yards • 580 metres from the proposed Cogen Plant/ Gas Boiler • 645 metres from the proposed Rendering Plant. The nearest additional building would be approximately 275 metres from the nearest existing dwelling. The nearest part of the main area proposing development would be the extension of the Packing/ Storage Warehouse at 420 metres from this dwelling. Excluding the Product Display and Meeting/ Conference Room, the nearest additional buildings are no closer than the existing abattoir facility. Although closer than existing buildings, the Product Display/ Meeting/Conference Centre do not involve any manufacturing processes. Welfare of Animals Council has approved a permit in 2014 to provide undercover cattle holding yards for the abattoir use. This requirement to improve animal welfare has been provided for in conjunction with EPA requirements. The holding yard has an area of 4,500 sqm. Time of Shifts The upgrades to production from the abattoir include a running of a second work shift, at present the premises only runs one per day. The shift times are proposed as: • 4.45am to 2.20pm • 2.30pm to 11.05pm The shift times are considered to be appropriate, it is worth noting in regards to car parking demand that some areas of production start and finish earlier than others. As such ample parking spaces should be available for employees in the newly configured car park. Response to Objections In response to three objectors concerns the applicant, GHD, spoke with and offered to meet each objector to discuss concerns. The main points of objection covered the key issues of noise, odour, truck movements, water runoff, water contamination and transport movements to and from the site. The applicant has confirmed that the abattoir will need to comply with EPA SEPP noise regulations to set noise limits at the property boundary to an acceptable level. Bass Coast Shire Council Page 25 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
One of the objectors raised the possibility of creating bunds to screen the main building area. However, this is costly and would require huge amounts of earth to do so; the applicant has suggested landscaping is a suitable response which will produce a visual buffer. It is agreed that a landscaping buffer is adequate in terms of visual screening. The EPA legislation requires noise levels meet an acceptable level, this is required with or without landscaping or bunds. The applicant must comply with the EPA levels and failure to do so would necessitate remediation works. Concerns have been raised in regards to traffic generation from the proposal and also the access point to the abattoir. The need to provide signage in order to control the speed and movements of b-double trucks was a point raised. The Vic Roads Permit conditions require the provision of signage and the upgrade of the intersection into the abattoir. The question of reduced speed and signage in regards to engine breaks on the hill down from Korumburra has been raised with Vic Roads. The supporting statement provided shows that Tabro accounts for less than half of the movements in question. A condition has been appended to the permit to require all deliveries and truck movements within normal working hours. Concerns were raised over groundwater contamination and additional stormwater run-off from the subject site. The application includes the provision of tanks to capture water which will lessen run off from the subject site. The applicant has stated that they would be willing to consider the upgrade of a culvert to the east of the subject site should the tanks not prove sufficient. A requirement of the permit is that the works should create no additional runoff at the site boundaries. This will be monitored through the Asset Management conditions. The EPA has tested the groundwater and soil conditions on the site recently. The required levels are currently being met, and as such, this point of objection is not founded at present.
Conclusion The proposed development involves a $26 million dollar upgrade to the existing Tabro Meats abattoir at 2140 Korumburra-Wonthaggi Road, Lance Creek. The proposed investment is set to double jobs on the site from 160 to 320 full-time posts. Production of meat products is predicted to treble, with cattle processing numbers increasing from 500 to 1500 head per day. The development is consistent with the relevant provisions of the Bass Coast Planning Scheme. These include the State Planning Policy Framework and Local Planning Policy Framework, particularly the policies in relation to economic development and agriculture. The proposal is considered to be appropriate for the site and approval is recommended.
Bass Coast Shire Council Page 26 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Recommendation That in relation to planning permit application 140283 for Buildings and Works associated with an Abattoir, car parking waiver and alterations to site access located at 2140 Korumburra-Wonthaggi Road, Lance Creek Council resolves to issue a Notice of Decision to Grant a Permit subject to the following conditions: Transportation Works Staging Condition 1. The staging of the development must be as per the Traffic Impact Assessment (November 2014) prepared by GHD Pty Ltd pages 19 and 20 Recommended Treatments. Stage 1 is the Short Term Measures and Stage 2 the Medium and Long Term Measures; as per the Conditions of this permit required by Vic Roads. No alteration to the staging is to be allowed without the prior written consent of the Responsible Authority and Vic Roads. Environmental Management Plan 2. Prior to the commencement of development an Environmental Management Plan (EMP) must be submitted to the Responsible Authority. When satisfied the Responsible Authority will endorse the EMP to form part of this permit. The EMP may be amended from time to time by the abattoir operator in order to be consistent with any Standard Operating Procedures required to be prepared by the abattoir operator. Any proposal to amend the EMP must be submitted to the Responsible Authority, who if satisfied will endorse the amended EMP. The EMP must address but is not limited to: a) Noise; b) Dust; c) Stock Control and Management; d) Odour; e) Maintenance; f) Cleaning; and g) Waste Management. Landscaping 3. Prior to the commencement of development a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the plan will be endorsed and will then form part of the permit. The landscape plans must show all landscaping to be provided around the abattoir facility, cattle yards and the car park. 4. Prior to the commencement of construction or by such a 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. 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 Animals 6. Unless with the prior written consent of the Responsible Authority the abattoir is limited to processing no more than 1,500 animals per day. Access 7. Driveways and Car Parking areas must be constructed in an all- weather sealed surface, within and to the site boundary with Korumburra-Wonthaggi Road. 8. Areas set aside for parking and the movement of vehicles as shown on the endorsed plans must be made available for the approved use and must not be used for any other purpose. Truck Movement Times 9. All Truck and van deliveries and collection/distribution must not occur before 7:00am or after 6:00pm, Monday to Sunday. Amenity 10. The development must be managed (during the construction phase) so that the amenity of the area is not detrimentally affected through the: a) Transport of materials, goods or commodities to or from the subject land; b) Appearance of any building, works or materials; c) Emission of noise, artificial light, vibration, smell, fumes, vapour, steam, dust, wastewater, waste products, grit, oil or smoke; and d) Presence of vermin or animals including builder’s dogs. 11. The development must ensure that no mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals, sediments, gross pollutants, animal waste or domestic waste shall be washed into, allowed to enter or discharged to the stormwater drainage system, receiving waters or surrounding land during the construction works hereby approved to the satisfaction of the Responsible Authority. 12. Noise emissions from activities on the site must comply with the noise control requirements for Commerce, Industry and Trade Premises in Regional Victoria as stipulated in Noise from Industry in Regional Victoria, Environment Protection Agency Bulletin Publication No 1411 (October 2011) as may be amended from time to time. 13. Prior to the development commencing a waste management plan must be submitted to the satisfaction of the Responsible Authority.
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14. External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority. Asset Management Conditions 15. Before the works commence, detailed civil construction plans must be prepared to the satisfaction of the Responsible Authority for endorsement by the Responsible Authority. All construction plans submitted for approval must be consistent with this permit and must conform to the requirements of all servicing authorities, and in particular water, sewerage, telephone and power supply authorities. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show: a) Drainage of the subject land. Matters for approval include: i. Compliance with the Best Practice Environmental Management Guidelines for Urban Stormwater and Bass Coast Shire Stormwater Management Plan (2003). ii. Any quality treatment proposed in accordance with these Guidelines. iii. A drainage system on the subject land serving each lot allowing an unrestricted flow path for 1 in 100 year extreme event storm flows. 16. Access to the site shall only be at the nominated crossing shown on the endorsed plan. The crossing and road pavement works are to be constructed to the satisfaction of the Vic Roads Corporation and the Responsible Authority. 17. No buildings or works shall be constructed on any existing (including implied sewer, drainage, telephone, power and water easement) or proposed easement without the further approval in writing of the Responsible Authority and/or the relevant service provider. Environment Protection Agency Conditions 18. The proponent must apply for and be issued with a works approval from the Environment Protection Authority with respect to the Abattoir prior to any works beginning. Vic Roads Conditions 19. Stage 1 requirements:- a) The existing access must be re-constructed to VicRoads standard drawing SD2065A at no cost and to the satisfaction of VicRoads. b) Safe intersection sight distance as described in the Austroads guidelines for trucks is required to be achieved at the access. c) A plan demonstrating the required sight distance and how it will be achieved must be submitted to and approved by
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VicRoads. d) A concept plan of the ultimate treatment must be submitted and approved by VicRoads prior to works on the existing access. e) Sight distance must be maintained at all times. 20. Stage 2 requirements:- a) Before the works are commenced for Stage 2 of the development approved by this permit, the following roadworks on the Korumburra – Wonthaggi Road must be completed at no cost to and to the satisfaction of VicRoads: • right turn lane • acceleration / deceleration lane b) Prior to any works commencing in the road reserve, plans in accordance with VicRoads Eastern Region Checklists must be approved by VicRoads. Please note that separate consent for works within the road reserve and the specifications of these works is required under the Road Management Act (2004). For the purposes of this application the works will include provision of: • right turn lane; and • acceleration / deceleration lane. 21. Regulatory and warning signs as proposed in the application will require separate approvals from VicRoads. The planning approval must not be deemed to be approval for the signage indicated. Location adequacy and requirements are to be approved by VicRoads prior to any installation. South Gippsland Water 22. Prior to the commencement of the proposed upgrade works the owner shall: a) Enter into a Major Customer Service Agreement with the South Gippsland Water Corporation which will outline the rights and responsibilities for both parties in relation to the supply of reticulated water to the development. b) Provide written hydraulic and water balance evidence to the Corporation that the development has adequate measures in place to operate the business within the limits of the available water supply. The evidence shall contain, but not be limited, to the following information: i. Current and projected peak day/hour water consumption; ii. Current and projected peak week water consumption; iii. Current and projected annual water consumption; iv. Current and projected onsite water storage capacity;
Bass Coast Shire Council Page 30 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
v. Ability for Tabro Meats to meet its water requirements over a 12hr period from its onsite storage facility in the circumstance that the Corporation is unable to supply due to normal system operations. 23. The Corporation will not permit direct pumping from its trunk water main. Permit Expiry 24. This permit will expire if one of the following circumstances applies: a) The development is not commenced within three years of the date of this permit. b) The development is not completed within six years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months afterwards. South Gippsland Water- Permit Notes • With the proposed expansion, the Corporation is of the view that it is prudent that Tabro Meats provides adequate system storage to ensure water supply continuity exists in the event of a supply system outage. This is particularly important as the site is supplied with water by agreement and therefore the Corporation cannot always guarantee water quantity or availability. • As such, it is recommended that it is in Tabro Meats best interest to ensure its water supply infrastructure is adequate for the proposed business expansion. West Gippsland Catchment Management Authority – Permit Note • All works within 30 metres of a designated waterway require a Works on Waterways permit from the West Gippsland Catchment Management Authority issued under the Water Act 1989. This includes (but is not limited to) construction of any recreational paths and crossings, construction of any vehicle access over a designated waterway and installation of any drains or pipelines within 30 metres of a designated waterway.
Bass Coast Shire Council Page 31 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments AT- Location Plan 1 Page 1 AT- Planning Application 3 Pages 2 AT- Master Plan 1 Page 3 AT- Carparking Layout 1 Page 4 AT- GHD Assessment Report 21 5 Pages AT- Isometric Plan 1 Page 6 AT- Elevation Plans 4 Pages 7 AT- CONFIDENTIAL - Submissions 140283 2140 Korumburra- 7 Pages 8 Wonthaggi Rd
Bass Coast Shire Council Page 32 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Council Decision Moved: Cr. Bradley Drew / Seconded: Cr. Jordan Crugnale That in relation to planning permit application 140283 for Buildings and Works associated with an Abattoir, car parking waiver and alterations to site access located at 2140 Korumburra-Wonthaggi Road, Lance Creek Council resolves to issue a Notice of Decision to Grant a Permit subject to the following conditions: Condition 1 Plan Required 1. Before the works commence, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans SK003 prepared by GHD Pty Ltd, dated August 2014, but modified to show: a) A minimum of six car parking spaces adjacent to the product display and meeting/conference room. The layout as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority. Transportation Works Staging Condition 2. The staging of the development must be as per the Traffic Impact Assessment (November 2014) prepared by GHD Pty Ltd pages 19 and 20 Recommended Treatments. Stage 1 is the Short Term Measures and Stage 2 the Medium and Long Term Measures; as per the Conditions of this permit required by Vic Roads. No alteration to the staging is to be allowed without the prior written consent of the Responsible Authority and Vic Roads. Environmental Management Plan 3. Prior to the commencement of development an Environmental Management Plan (EMP) must be submitted to the Responsible Authority. When satisfied the Responsible Authority will endorse the EMP to form part of this permit. The EMP may be amended from time to time by the abattoir operator in order to be consistent with any Standard Operating Procedures required to be prepared by the abattoir operator. Any proposal to amend the EMP must be submitted to the Responsible Authority, who if satisfied will endorse the amended EMP. The EMP must address but is not limited to: a) Noise; b) Dust;
Bass Coast Shire Council Page 33 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
c) Stock Control and Management; d) Odour; e) Maintenance; f) Cleaning; and g) Waste Management. Landscaping 4. Prior to the commencement of development a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the plan will be endorsed and will then form part of the permit. The landscape plans must show all landscaping to be provided around the abattoir facility, cattle yards, existing waterways and the car park. 5. Prior to the commencement of construction or by such a date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority. 6. 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 Animals 7. Unless with the prior written consent of the Responsible Authority the abattoir is limited to processing no more than 1,600 animals per day. Access 8. Driveways and Car Parking areas must be constructed in an all-weather sealed surface, within and to the site boundary with Korumburra- Wonthaggi Road. 9. Areas set aside for parking and the movement of vehicles as shown on the endorsed plans must be made available for the approved use and must not be used for any other purpose. Truck Movement Times 10. All Truck and van deliveries and collection/distribution must not occur before 6.30am or after 9.00pm, Monday to Sunday. Amenity 11. The development must be managed (during the construction phase) so that the amenity of the area is not detrimentally affected through the: a) Transport of materials, goods or commodities to or from the subject land;
Bass Coast Shire Council Page 34 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
b) Appearance of any building, works or materials; c) Emission of noise, artificial light, vibration, smell, fumes, vapour, steam, dust, wastewater, waste products, grit, oil or smoke; and d) Presence of vermin or animals including builder’s dogs. 12. The development must ensure that no mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals, sediments, gross pollutants, animal waste or domestic waste shall be washed into, allowed to enter or discharged to the stormwater drainage system, receiving waters or surrounding land during the construction works hereby approved to the satisfaction of the Responsible Authority. 13. Noise emissions from activities on the site must comply with the noise control requirements for Commerce, Industry and Trade Premises in Regional Victoria as stipulated in Noise from Industry in Regional Victoria, Environment Protection Agency Bulletin Publication No 1411 (October 2011) as may be amended from time to time. 14. Prior to the development commencing a waste management plan must be submitted to the satisfaction of the Responsible Authority. 15. External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority. Asset Management Conditions 16. Before the works commence, detailed civil construction plans must be prepared to the satisfaction of the Responsible Authority for endorsement by the Responsible Authority. All construction plans submitted for approval must be consistent with this permit and must conform to the requirements of all servicing authorities, and in particular water, sewerage, telephone and power supply authorities. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show: a) Drainage of the subject land. Matters for approval include: i. Compliance with the Best Practice Environmental Management Guidelines for Urban Stormwater and Bass Coast Shire Stormwater Management Plan (2003). ii. Any quality treatment proposed in accordance with these Guidelines. iii. A drainage system on the subject land serving each lot allowing an unrestricted flow path for 1 in 100 year extreme event storm flows.
Bass Coast Shire Council Page 35 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
17. Access to the site shall only be at the nominated crossing shown on the endorsed plan. The crossing and road pavement works are to be constructed to the satisfaction of the Vic Roads Corporation and the Responsible Authority. 18. No buildings or works shall be constructed on any existing (including implied sewer, drainage, telephone, power and water easement) or proposed easement without the further approval in writing of the Responsible Authority and/or the relevant service provider. Environment Protection Agency Conditions 19. The proponent must apply for and be issued with a works approval from the Environment Protection Authority with respect to the Abattoir prior to any works beginning. Vic Roads Conditions 20. Stage 1 requirements:- a) The existing access must be re-constructed to VicRoads standard drawing SD2065A at no cost and to the satisfaction of VicRoads. b) Safe intersection sight distance as described in the Austroads guidelines for trucks is required to be achieved at the access. c) A plan demonstrating the required sight distance and how it will be achieved must be submitted to and approved by VicRoads. d) A concept plan of the ultimate treatment must be submitted and approved by VicRoads prior to works on the existing access. e) Sight distance must be maintained at all times. 21. Stage 2 requirements:- a) Before the works are commenced for Stage 2 of the development approved by this permit, the following roadworks on the Korumburra – Wonthaggi Road must be completed at no cost to and to the satisfaction of VicRoads: • right turn lane • acceleration / deceleration lane b) Prior to any works commencing in the road reserve, plans in accordance with VicRoads Eastern Region Checklists must be approved by VicRoads. Please note that separate consent for works within the road reserve and the specifications of these works is required under the Road Management Act (2004). For the purposes of this application the works will include provision of: • right turn lane; and
Bass Coast Shire Council Page 36 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
• acceleration / deceleration lane. 22. Regulatory and warning signs as proposed in the application will require separate approvals from VicRoads. The planning approval must not be deemed to be approval for the signage indicated. Location adequacy and requirements are to be approved by VicRoads prior to any installation. South Gippsland Water 23. Prior to the commencement of the proposed upgrade works the owner shall: a) Enter into a Major Customer Service Agreement with the South Gippsland Water Corporation which will outline the rights and responsibilities for both parties in relation to the supply of reticulated water to the development. b) Provide written hydraulic and water balance evidence to the Corporation that the development has adequate measures in place to operate the business within the limits of the available water supply. The evidence shall contain, but not be limited, to the following information: i. Current and projected peak day/hour water consumption; ii. Current and projected peak week water consumption; iii. Current and projected annual water consumption; iv. Current and projected onsite water storage capacity; v. Ability for Tabro Meats to meet its water requirements over a 12hr period from its onsite storage facility in the circumstance that the Corporation is unable to supply due to normal system operations. 24. The Corporation will not permit direct pumping from its trunk water main. Permit Expiry 25. This permit will expire if one of the following circumstances applies: a) The development is not commenced within three years of the date of this permit. b) The development is not completed within six years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months afterwards.
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South Gippsland Water- Permit Notes • With the proposed expansion, the Corporation is of the view that it is prudent that Tabro Meats provides adequate system storage to ensure water supply continuity exists in the event of a supply system outage. This is particularly important as the site is supplied with water by agreement and therefore the Corporation cannot always guarantee water quantity or availability. • As such, it is recommended that it is in Tabro Meats best interest to ensure its water supply infrastructure is adequate for the proposed business expansion. West Gippsland Catchment Management Authority – Permit Note • All works within 30 metres of a designated waterway require a Works on Waterways permit from the West Gippsland Catchment Management Authority issued under the Water Act 1989. This includes (but is not limited to) construction of any recreational paths and crossings, construction of any vehicle access over a designated waterway and installation of any drains or pipelines within 30 metres of a designated waterway. CARRIED
Bass Coast Shire Council Page 38 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.2 140330 - Beach Crescent, Newhaven - Use of the land for a licensed food and drink premises, alterations to the existing building and provision of off site parking
File No: CM15/19 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Application Details Use/Development Sought: Use of the land for a licensed food and drink premises, alteration to the existing building and provision of off- site parking The Land: Beach Crescent, Newhaven Planning Scheme: Bass Coast Zoning: Public Park and Recreation Locality Plan:
Declaration The author has no direct or indirect interests in relation to this report.
Executive Summary The application seeks to use the vacant Jetty Shed building on the Newhaven pier for a food and drink premises. The applicant has won the tender through a bidding process which involved Councils Environment and Economic Development Departments. The bid is subject to obtaining the relevant planning and building approvals, the former of which has now been applied for. The jetty area and the existing jetty shed building was highlighted as a potential café/restaurant in the 2003 Phillip Island and San Remo Design Framework as part of the jetty precinct area. In total the café style premises will have 70 seats. The proposed operating hours are between 6.30am and 10pm Sunday to Thursday and from 6.30am to 11pm on Fridays and Saturdays. Liquor will be served. The existing building will not be extended but will undergo internal and external improvements to make it fit for purpose. However, the integrity of the building is retained as alterations to the form are considered to be minimal (mainly additional glazed area and windows). The proposal was advertised to adjoining properties. Ten objections were received, mainly related to potential car parking and management of the proposed business from the site. The objections were received from households in the wider Newhaven area and not just in the immediate proximity to the application site. The application also drew eight letters of support from adjacent businesses and land owners. Bass Coast Shire Council Page 39 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The proposal has been assessed against the relevant provisions of the Bass Coast Planning Scheme and demonstrates consistency with these.
Proposed Use & Development The application seeks to use the existing premises as a licensed food and drink venue, offering café style dining from breakfast to dinner. Take away food (but not alcohol) will also be available. The existing building will undergo significant renovation in order to make an aesthetically attractive premise. The walls of the existing building will be significantly modified to include new doors and windows. The exterior of the building will be timber clad, and/or the existing cladding will be re-painted. There is no change to the height or size of the building. In total 70 seats will be provided; 48 at tables; 8 lounge seats and 14 bar seats. The delivery area for the building is located directly adjacent to the car park, where the existing roller doors are situated. The main access point will be in this area with the toilets in the near vicinity. The dining and drinking area will be behind this and therefore set away from the car parking area. Access to the jetty is to the side of the jetty shed building as existing. Car parking is provided in the 24 unrestricted marked spaces that abut the jetty shed building. The car park serves both the subject site and the jetty area (popular with fishermen). Further to the north additional unrestricted spaces are available in a parallel parking form on Beach Crescent. A number of spaces also exist adjacent to the surf lifesaving building. The applicant has submitted a car parking report to accompany the application. The report concludes that the car parking capacity provided is ample. The spaces adjacent to the jetty shed will only support cars; the spaces are not of sufficient length to accommodate boat trailers. Proposed Opening hours are: • 6.30am and 10.00pm Sunday to Thursday • 6.30am to 11.00pm on Fridays and Saturdays The application includes a liquor license area that covers the entire building and also some of the external area to the east (rear of building away from the residential properties). This area extends to where the storage room is in the west of the building, but not all the way to the car park. The license will only allow for sale to consume on the premises.
Reason a Council Decision is required The application has received ten objections and eight letters of support.
Background Subject Site The site lies on the Newhaven Foreshore with the jetty connecting the land to the sea. The subject site is in a visually prominent location being visible from the San Remo to Newhaven Bridge as you cross into Phillip Island. The subject site has views over the Westernport Bay and towards French Island.
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The jetty building is towards the land side of the jetty and was a former seafood processing warehouse. The building is timber clad and covers an area of 353 sqm. An existing car park area, with 24 spaces is situated to the frontage of the Jetty Shed. The car park is a crushed rock surface, including marked spaces. The land is level, being a jetty built over the water line. Surrounds The surrounding area is mainly residential with properties fronting Beach Crescent, Seaview Street and Anderson Street. From the bay the land rises slightly towards the area where the residential properties have been developed. The majority of these properties have views of the coastline. The property immediately opposite to the car park has a number of large trees on the site boundary and therefore facing the car parking area for the Jetty Shed. Beach Crescent is a 6 metre wide road with no central line marking. Traffic volumes on Beach Crescent are modest; the road only serves a handful of residential properties. Access to the jetty, surf lifesaving club and the boat trailer parking areas can be from Beach Crescent; Anderson Street or Cleeland Road. The eastern side of Beach Crescent near the subject site is the coastline whilst the western boundary is marked by rows of trees on the boundary with single dwellings built on the adjacent lots. The commercial centre for Newhaven is approximately 400 metres to the west. This area has a number of small shops and recreational facilities. To the north west of the site is the Philip Island Surf and Lifesaving Club buildings.
Notice Notice of the application was given pursuant to Section 52 of the Planning and Environment Act 1987 by forwarding a copy of the notice to surrounding landowners and occupiers. Ten Objections from different households were received in response to the application. The submissions raised the following concerns: • Out of character with surrounds • Hours of operation will impact on amenities of the area • Car parking layout concerns and inadequate spaces • In conflict with public use of the surrounds • Council is the landowner so it has a conflict of interest • Food and drink premises is not within commercial boundaries of Newhaven • Access to emergency services • Environmental impact, noise, air pollution, rubbish • Upgrading of public toilets and facilities • Jetty Shed should be demolished A response to the objections received is covered in the Officer’s Consideration Section of this report.
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Council also received eight letters of support from fellow businesses, the Regional tourist board and local residents in support for the proposal related to: • Regeneration of under-utilised infrastructure • An ideal site for both locals and tourists • Limited food options in surrounds • Improved visitor options, resulting in additional spending in area vital to the local economy • Jobs for locals and summer employees
Referrals External Pursuant to Section 52 of the Planning and Environment Act, 1987, the application was referred to VicRoads, South Gippsland Water, Country Fire Authority (CFA) and the Department of Sustainability and Environment (DEPI). The responses to the application are as follows: • Parks Victoria – No objection • DEPI – No objection • Phillip Island Nature Parks – conditions related to lighting Internal The application was referred internally to Council’s Asset Management, Environment, Community and Economic Development Departments. Councils Asset Management Department was satisfied with the proposal including the car parking study. No permit conditions were requested.
Relevant Strategies State Planning Policy Framework The State Planning Policy Framework is to inform planning authorities of the State policy that provides a context for decision making. Relevant to this application are: Clause 12 Environmental and Landscape Values Clause 12.02-1 Protection of Coastal Areas refers to the Coastal Management Act and the use of the coast for recreational uses, the objectives and strategies of the policy are: • ‘To recognise and enhance the value of the coastal areas to the community and ensure sustainable use of natural coastal resources. • Provide clear direction for the future sustainable use of the coast, including the marine environment, for recreation, conservation, tourism, commerce and similar uses in appropriate areas. • Protect and maintain areas of environmental significance. • Identify suitable areas and opportunities for improved facilities.’
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Clause 12.02-3 Coastal Crown Land, seeks to ensure all have safe and equitable access to coastal areas. The policy promotes public use and access to the coastal foreshore. Clause 12.02-3 seeks to ensure the ‘Appropriate Development of Coastal Areas’ the relevant objective for this application is: ‘To ensure development conserves, protects and seeks to enhance coastal biodiversity and ecological values’ Development must be sensitively designed and sited so as to respect the character of the area and maintain water quality, biodiversity and the quality of the waterways and wetlands. Clause 12.02-4 Coastal Tourism The objectives are to promote enjoyment of the coast in suitable locations and minimizes impact on the natural environment, as such: ‘To encourage suitably located and designed coastal and marine tourism opportunities. Ensure that a diverse range of accommodation options and coastal experience are maintained and provided for and that sites and facilities are accessible to all. Ensure tourism developments demonstrate a tourist accommodation need and support a nature based approach within non-urban areas. Ensure developments are of an appropriate scale, use and intensity relative to its location and minimises impacts on the surrounding natural visual, environmental and coastal character’. Clause 15 – Built Environment and Heritage The enhancement and protection of the existing built environment is a consideration. The existing Jetty shed building occupies a prominent location and is part of the coastal heritage of Newhaven. The clause states: Planning should achieve high quality urban design and architecture that: • Contributes positively to local urban character and sense of place. • Reflects the particular characteristics, aspirations and cultural identity of the community. • Enhances liveability, diversity, amenity and safety of the public realm. • Promotes attractiveness of towns and cities within broader strategic contexts. • Minimises detrimental impact on neighbouring properties. Other relevant considerations include the design of the building and use of space. Development should respond to the context of its surrounds and improve liveability and attractiveness. Clause 17 Economic Development The need to support and protect the economic growth of existing communities is an important consideration in protecting the economy in towns such as Newhaven. The use of an existing redundant building is a direct attempt to utilise a vacant existing asset. The objective for economic development is:
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Planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential. Clause 17.03 Tourism The objective of the Clause is: ‘To encourage tourism development to maximise the employment and long- term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination.’ To implement this Clause, it states that planning authorities should: ‘…encourage the development of a range of well-designed and sited tourist facilities, including integrated resorts, motel accommodation and smaller scale operations such as host farm, bed and breakfast and retail opportunities. Facilities should have access to suitable transport and be compatible with and build upon the assets and qualities of surrounding urban or rural activities and cultural and natural attractions. Responsible authorities should use the Planning Tourism: Planning Guidelines (Tourism Victoria) in considering applications for tourist development. Planning authorities should have regard to any relevant regional tourism development strategy. • Promote energy efficient building and subdivision design. • Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals.’ This Clause seeks to maximise employment and long term economic development by offering a range of tourist facilities including integrated resorts. Clause 18 – Transport In relation to car parking, Clause 18.02-5 the objective of the policy is to ensure car parking is in ample supply to meet the demands of the land use, as such: Allocate or require land to be set aside for car parking subject to the existing and potential modes of access including public transport, the demand for off-street car parking, road capacity and the potential for demand management of car parking. As well as car travel facilities should be made available for cycling and also public transport/taxi travel.
Council Policy The Local Planning Policy Framework includes the Municipal Strategic Statement and Local Planning Policies. The Local Planning Policies are tools used to implement the objectives and strategies of the Municipal Strategic Statement. The objectives and strategies of the Municipal Strategic Statement are set out under five themes. Of relevance to this application are: • Clause 21.02.5 pertaining to ‘Economic development’ • Clause 21.06-2 pertaining to ‘Commercial’ • Clause 21.06-4 pertaining to ‘Tourism’
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• Clause 21.07 pertaining to ‘Environment’ • Clause 21.08 pertaining to ‘ Landscape and built form’ Clause 21.02-5 Economic Development A major draw for people into the Shire is the unique natural environment and the coastlines, as such: ‘Tourism is a major contributor to the local, regional and State economies. The coastlines of Western Port and Bass Strait, as well as Phillip Island, are major tourist destinations. People visit the Shire because of the unique natural attributes, complemented with built attractions, such as the Phillip Island Motor Racing Track.’ Clause 21.06-2 Commercial The purpose of this policy is to: Encourage commercial and community uses to establish on undeveloped commercial zoned land in the smaller townships throughout the municipality. Clause 21.06-4 Tourism The overview of the policy identifies that ‘a range of accommodation, eating establishments, and shops contribute to the visitor’s experience and to the economy providing local job opportunities, investment, and facilities for residents. There is a growing demand for environmentally sustainable tourist development, and a recent demand for large scale tourism development. The large scale tourism development is predominantly residential and has the same long-term implications as urban use and development’. The relevant objectives to this application are to: • ‘Encourage tourist facilities and services that are compatible with and add value to the existing built and natural attractions of the municipality’. • ‘Actively promote tourist development that will contribute and reinforce the municipality as an all-year round tourist destination’. • ‘Encourage development which is innovative, attracts visitors throughout the year, is conducive to overnight stays or which leads to new tourist products or promotions’. In considering applications for tourism development a number of factors must be taken into account including; native vegetation; watercourses; the coastline; site capability; landscape features; access and location. Clause 21.07 Environment The overview to this policy identifies that ‘Pollution in our bays, inlets and waterways from stormwater is a major environmental issue. The protection and enhancement of Bass Coast’s waterways and catchments is important.’ Objective 1 is relevant to this application as it seeks: • ‘To ensure new use or development does not cause water pollution, land degradation or pose a threat to the sustainable productive capacity of the Shire’s major economic base.’ Relevant strategies include ensuring development minimises impacts on stormwater quality, and sediment and nutrient loads to local waterways.
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Clause 21.08 Landscape and Built Form The overview to this policy identifies that ‘It is important that the valued aspects of the municipality’s character are not lost through redevelopment’. This clause outlines that where the built form character of an area is established and valued (and the area has not been identified for substantial change), new development should respect this character and add to the overall quality of the urban environment. In areas where built form change will be more substantial, high quality and site responsive design should add to the diversity of the built environment, enhance the sense of place and incorporate the principles of Environmentally Sensitive Design. The strategies and objectives outlined in this clause apply to all forms of development, including residential, commercial and industrial development. Housing, particularly in areas where there are increased housing densities, needs to respond to its context in terms of character, cultural heritage, natural features, surrounding landscape and climate. The objective of this Clause seeks: • ‘To achieve a high standard of architecture and urban design for built form and public spaces throughout the municipality’. • ‘To ensure that development creates and maintains a high quality landscape setting’. Relevant strategies include minimising earthworks and vegetation removal; and considering landscape architecture for development and provide opportunities to enhance the landscape features of the site. Clause 21.10-4 Local Areas, Newhaven The Local areas policy makes reference to the Phillip Island and San Remo Design Framework for design principles for Newhaven: • Reinforcing Newhaven’s identity as an established community and a precinct for education and heritage. • Applying the design guidelines of the Phillip Island and San Remo Design Framework. The proposal will utilise the existing jetty shed building, part of the heritage character of the Newhaven Township.
Planning Scheme Requirements Public Park and Recreation Zone The subject building is part built on the land and therefore attached to the shoreline, as such the subject site takes the zoning of that land. The coast itself is not within a planning zone, as such anything built on the coast defaults to the nearest land use. The purpose of the Public Park and Recreation Zone is: • To recognise areas for public recreation and open spaces • To protect and conserve areas of significance where appropriate. To provide for commercial uses where appropriate
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The immediate coastal surrounds are used for informal public recreation activities and include community facilities such as toilets. The application seeks to use an existing building for a commercial use. No further construction of the foreshore is required as part of the proposed use of the land for a food and drink premises. Phillip Island and San Remo Design Framework 2003 Section 6 sets township strategies for Newhaven. The goals section of the Design Framework includes the following: • ‘Develop the jetty precinct as a vibrant, safe place for people; • Ensure that future development is of high quality and an appropriate scale for Newhaven; and • Enhance and encourage the use of places for people in Newhaven.’ The jetty precinct area is identified as a significant opportunity: • ‘Identify this area as the location for a public plaza and outdoor dining area, using the jetty and water as an attractive backdrop; • Relocate the fish processing factory that is currently on the jetty when the building is no longer actively used or the lease expires; • Relocate the abalone hatchery and associated outbuildings from the foreshore when no longer actively used or the lease expires; • Replace the existing building with a structure, housing a restaurant or café to stongly define the southern edge of the space; and • Improve access to the jetty and associated pedestrian links.’ The Design Framework provides a concept layout for the jetty precinct area, including the jetty shed building. The area and the jetty building has been earmarked for potential development and to provide a vibrant hub for Newhaven as per the above strategies. San Remo, Newhaven and Cape Woolamai Structure Plan 2008 The Structure Plan sets a vision for the towns up to 2020. The plan seeks to enhance commercial services and employment opportunities in the towns and provide for an accessible and valued coastal environment. The Structure Plan builds on the work contained in the Design Framework.
Particular Provisions Clause 52.06 Car Parking The purpose of this Clause is: • ‘To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework.; • To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality; • To support sustainable transport alternatives to the motor car;
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• To promote the efficient use of car parking spaces through the consolidation of car parking facilities; • To ensure that car parking does not adversely affect the amenity of the locality; and • To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.’ The required numbers of car spaces are to be provided and as such the purpose of the clause is met in respect of car parking provision. The applicant provided an analysis of the existing car parking facilities to accompany the proposed use of the building for a restaurant/café.
Officer’s Considerations Use as a Food and Drink Premises The commercial use of the land is acceptable in terms of the State and Local Planning policies. Clause 12, Coastal Areas sets out to protect and enhance the coastal environment and the enjoyment of this area. The existing vacant building is considered to provide a key opportunity to sustainably use the coastal setting for tourism and commerce, as per the strategies in Clause 12.02-1. The premises are open to the public. The intended use as a café means that the jetty shed will suitable for all, including children, elderly and disabled visitors. The Phillip Island and San Remo Design Framework discusses the jetty shed building and jetty precinct as providing opportunity as a vibrant space in the town. The facility will serve both residents and tourists; a café/restaurant was identified as a future use for the jetty shed and jetty precinct in the 2003 Design Framework. The food and drink use proposed utilizes the natural setting and assets that the location has making this available for public use. Clause 21.06-4 related to Tourism notes the role tourism plays, especially noting the importance of the Phillip Island Nature Park. Phillip Island Nature Parks have consented to the proposal, requiring one condition in regards to windows and lighting of the site. Clause 21.06-4 seeks to direct opportunities for tourism on appropriately allocated land. The Public Park and Recreation Zoning of the land is appropriate and seeks to provide for commercial uses in acceptable locations. The coastal foreshore setting is considered to be suitable. The San Remo, Newhaven and Cape Woolamai Structure Plan 2008, promotes a range of commercial uses in Newhaven, including a broad range of tourist facilities in coastal areas. The jetty is set on Westernport Bay, making use of the stunning natural setting. The use proposed will promote activity through the year, including times of inclement weather. It is considered the use proposed is a suitable fit for the building and entirely appropriate for a Public Park and Recreation Zone. The jetty shed building forms an important part of the heritage of Newhaven. The building functioned as a previous commercial fishing business where catches were unloaded from fishing boats. The building also had a retail sales function. As such a commercial use is not new to this part of Newhaven. The existing building is in poor condition at present. The proposal will not alter the shape and size of the building but it will add further windows and re-paint or re-clad the exterior with vertical timber battens.
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The proposal is considered to meet the objectives of Clause 15, Built Environment and Heritage. The refurbishment of the building retains the form and character of the existing structure responding to the heritage of the site. Furthermore the attractiveness of the building is enhanced and provides a suitable structure for the natural setting. The design improvements proposed have adequately responded to the heritage importance of the building and its surrounds. Car Parking and Transport The applicant provided a car parking assessment to consider the potential issues that may result from the use of the jetty shed building for a Food and Drink premises. The application has been considered by Councils Engineers and has been found to be acceptable. Clause 52.06-5, Car Parking sets out the requirement for spaces for Food and Drink uses as 4 per 100 sqm of leasable area. As such the use of the site for a 353sqm leasable area, requires 14 spaces to be provided. The existing car park which abuts the site has 24 spaces. The car park serves the use of the jetty and as such can be utilized for the food and drink premises. As the 24 spaces abutting the jetty shed are not specifically allocated to a use the applicant is entitled to include these as part of the car parking requirements for the site. As such no car parking waiver is required. The previous industrial use of the jetty shed building required 10 spaces. As such the food and drink use requires four spaces more than the previous use of the building. The applicant consulted with Councils Engineers and it was agreed that a car parking assessment would be carried out on a weekend in October when the weather was mild and suitable for fishing. The study showed the peak usage of the car park was at midday on a Sunday when 11 of the 24 parking spaces were in use. This condition is considered to be representative of peak periods in mid-season times. Should all 14 spaces for the restaurant be in use at this peak time then only one space would be required outside of the car park. Other opportunities for car parking exist along Beach Crescent, both for patrons of the Food and Drink premises and for fishermen. As such the one required space at peak times could be provided for in the near vicinity of the jetty shed. Car parking is available for boat trailers further up Beach Crescent and further parking exists near the surf lifesaving building. The car parking spaces adjacent to the jetty shed are only suitable for cars and not boat trailers. Councils Engineers will need to monitor parking in the area and ensure suitable spaces are available. However, the study provided has shown that existing car parking spaces are adequate to accommodate the use of the building. Although it is unlikely that the proposed use will result in overspill parking demands it is considered reasonable that the applicant provide signs to prevent parking on the residential side of Beach Crescent (up to Seaview Street to the west). This measure will ensure any on street parking does not result in lost visibility for exiting the driveway of the residential properties in the vicinity. A condition is suggested. The applicant will need to provide cycle spaces for the use. This will be required as a condition of the permit. In terms of delivery vehicles, the expectation is these will be from small vans and trucks. A condition in terms of delivery times will be placed on the permit. The building benefits from a loading bay at present, enabling ease of delivery for products.
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Impact on Surrounds Newhaven is a tourist town on the gateway to Phillip Island. Much recent investment in the town has been directed to the Phillip Island Road area, including the surf shop, café and tourist accommodation offer. The natural environment and the coastal beauty is much of the reason for visits to Phillip Island. The jetty is and existing facility for locals and tourists which abuts a residential part of Newhaven. As such the residential properties in this area abut the coastline and therefore already experience tourist movements to the area. The car parking assessment provided has shown that car parking levels are acceptable. As such it is considered that the proposed use does not have a significant impact on the surrounds and meets the objective of Clause 15, Built Environment and Heritage. Noise The jetty shed building is orientated on an east-west axis which means the main dining area is in the east of the building and furthest away from the surrounding residential properties. The dining area is more than 75 metres away from the closet residential property on Beach Crescent. The residents of this area will be used to some noise from the coastal environment with boat engines and transport movements to and from this part of Newhaven. The levels of any potential noise from the Food and Drink premises is considered to be reasonable given the coastal setting and the Public Park and Recreation Zoning of the land. Economic Development The proposed use of the land for a Food and Drink premises has considerable benefits in bringing a vacant building back to use. Clause 17 seeks to foster Economic Development in towns such as Newhaven to ensure the longer term vitality of the settlement. The proposal will create full and part time employment. Further to this the premises will add to the range of facilities in Newhaven and provides much needed investment into the area. Impact on Coastal Land The application does not propose any additional development on coastal land, the use will occupy the existing building and its surrounds. In regards to Clause 12.02 Coastal Areas it is considered that the application has satisfied all requirements in terms of sustainable use of the coastline and location activity in a defined recreational node. The application has been referred to both Parks Victoria and DEPI, who are satisfied. The proposal won a tender bid from Councils Environment Department, where the consideration of the Food and Drink Use in regards to the coastal setting was of paramount importance. Conditions related to the management of the site and waste products generated will be placed on the permit. Liquor License The liquor license area within the existing building is acceptable. It is also reasonable that this extends onto the jetty to the exterior of the building. The external area will need to be carefully managed to ensure waste products do not get into the ocean. The liquor license is an essential part of a restaurant and therefore is suitable for the use proposed.
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Business Hours The proposed Opening hours are: • 6.30am and 10pm Sunday to Thursday • 6.30am to 11pm on Fridays and Saturdays These hours reflect the maximum extent of opening of the building on key weekends and during summer and other holidays. The applicant has indicated that opening is likely to be for breakfast and lunch only, 7.30am to 4.00pm as per normal café conditions for most of the year. The business hours proposed are considered to be acceptable for the use of the premises for a food and drink business. Response to Objections and Letters of Support The objections received were mainly in regards to the impact on the residential use in the surrounds. Only two of the ten objections were from property owners in Beach Crescent. As a result of the objections the applicant undertook consultation with the objectors to discuss the points raised. Although no objections were withdrawn the applicant has made reasonable attempts to communicate with the concerned parties. It is considered that the conditions of the permit will further alleviate some concerns in regards to waste, delivery times, car parking and construction. Coastal areas of Victoria have always had to cope with the competing pressures of both tourism and residential living and hence the issues which have been raised are not new. State policy (Clause 12.02-4 Coastal Tourism) notes that the coastline is an asset that all should benefit from; not just residents of the area. The jetty shed building is existing and has a history of commercial use, as such the proposed commercial use is not new, just a different form. The coastline in this area benefits from a number of different uses, normal to a township coastal environment. The proposed use of the jetty shed building for a café style facility has been part of the strategic direction for Newhaven from the time of the Phillip Island and San Remo Design Framework 2003. Residents of the area have therefore been aware for over 10 years of the potential for the use as proposed in this location. A number of concerns noted potential car parking issues resultant from the use. Councils Engineers are satisfied that ample car parking spaces exist to serve the food and drink premises and to cater for other needs such as fishing. The report provided with the application indicates that the spaces provided will be ample to cope with the fishing and restaurant demands. Parking also exists near to the surf lifesaving building and along the foreshore. The parking assessment provided shows that for the majority of the time the car parking area to the front of the jetty shed building is ample to cater for the required number of spaces as per Clause 52.06 (Car Parking) for the café/restaurant. The times when a Food and Drink premises will be busy do not necessarily co-inside with when it may be suitable for fishing. It is suggested that a condition of the permit be added which states no parking on the residential side of Beach Crescent, to aid the amenity of the residents of the area. Concerns were raised in regards to access to the emergency surf lifesaving facility. It should be noted that access is possible from Cleeland Road and Anderson Road as well as Beach Crescent.
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In regards to environmental impacts and ensuring that waste is adequately collected from the site the applicant will need to provide a waste management plan to demonstrate how waste will be collected and disposed of. The plan will need to indicate measures for ensuring waste from outside areas does not enter the marine environment. Concerns over the appropriateness of the use are not considered to be valid. The Food and Drink use is acceptable in a Public Park and Recreation Zone, furthermore it provides opportunity for the use to be open to the public. The regeneration of a previous commercial building of local significance retains the history of the area. Beach Crescent at present provides one of the access roads to the jetty and surf lifesaving facility, as such it is the key beach access street in Newhaven and therefore already in public use. The hours of operation have been raised as a concern. The applicant has indicated that opening is likely to be for breakfast and lunch only, 7.30am to 4.00pm as per normal café conditions for most of the year. Only in the peak months and at busy times of the year such as Grand Prix Weekend is it expected the business will open to the full extent of the hours provided for in the permit. The hours are considered to be reasonable, 11pm is an acceptable closing time for a restaurant facility on Fridays and Saturdays when dinner is often taken later in the evening in summer months. The letters of support received show the need for investment into small towns like Newhaven. Tourism can help maintain existing shops and services, directly benefitting the residential community. The café style premise will appeal to locals and tourists. The location is within the existing town and therefore a more sustainable location where public transportation and cycle routes do exist.
Conclusion The proposal has been assessed against the relevant provisions of the Bass Coast Planning Scheme. The design, built form and external finishes as proposed will result in a development that responds positively to the subject site and the wider surrounding area and will not have any adverse impact on surround land uses. The applicant has provided adequate information in terms of car parking and use of the building
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Recommendation That in relation to planning permit application 140330 for the use of the land for a licensed food and drinks premises, construction of alterations to the existing building and provision of off-site car parking located at Beach Crescent, Newhaven , Council resolves to issue a Notice of Decision to Grant a Permit subject to the following conditions: Endorsed Plans 1. The layout of the development as shown on the endorsed plans shall not be amended, altered or modified (whether or not in order to comply with any statute, statutory rule or for any other reason) without the further approval (in writing) of the Responsible Authority. Business Operating Conditions 2. The Food and Drink Premises must only be open within the following hours, unless with the prior written consent of the Responsible Authority. a) 6.30am to 10.00pm Sunday to Thursday; and b) 6.30am to 11.00pm on Fridays and Saturdays 3. No more than 100 patrons shall occupy the site at any one time without the further written approval of the Responsible Authority. 4. No more than 5 members of staff shall be present on the site at any one time without the further written approval of the Responsible Authority. Amenity 5. The development must be managed (during the construction phase) so that the amenity of the area is not detrimentally affected through the: a) Transport of materials, goods or commodities to or from the land; b) Appearance of any building, works or materials; c) Emission of noise, artificial light, vibration, smell, fumes or smoke; and d) Presence of vermin or animals including builder’s dogs. 6. The development must ensure that no mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals, sediments, gross pollutants, animal waste or domestic waste shall be washed into, allowed to enter or discharged to the stormwater drainage system, receiving waters or surrounding land during the construction works hereby approved to the satisfaction of the Responsible Authority. 7. Truck and van deliveries and waste collection must not occur on Sundays and must not occur before 8:00am or after 6:00pm, Monday to Saturday.
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8. Prior to the use commencing a waste management plan must be submitted to the satisfaction of the Responsible Authority. The waste management plan must consider, but is not limited to the following: a) areas to collect waste food and drink products and for disposal of items such as cigarette butts; and b) storage of waste bins on the site. 9. External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the Responsible Authority. Transport Management 10. Prior to the use commencing the applicant must provide signs to be agreed with the Responsible Authority to be erected on the residential side of Beach Crescent road up to where it meets Seaview Street. The signs must indicate that no parking is to occur on the residential side of Beach Crescent. 11. Prior to the use commencing the applicant must provide five cycle parking spaces adjacent to the jetty shed building. Phillip Island Nature Parks 12. To protect the fledgling Shearwaters the following lighting requirements must be met and retained: External lighting a) External lighting should be as low wattage as possible to ensure personal safety; b) Upward and sideways spill shielded on outdoor lights, especially any street lighting; c) Blue, green, yellow or red filters on outside lights are highly desirable (as long as compatible with port requirements); and d) All external lighting including illuminated advertising signage must be turn off all night (not used) between 15th April and 10th May (peak Short-tailed Shearwater fledging period). Internal lighting a) internal lighting should be as low wattage as possible to ensure personal safety; b) sideways spill should be shielded especially near windows; c) windows must have black out blinds that can be closed after sunset during peak short-tailed fledging period 15th April to 10th May to prevent light spillage; d) No lights to be left on inside after the restaurant is closed; and e) Dimmed emergency lights (as safety permits e.g. exit signs).
Bass Coast Shire Council Page 54 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Expiry Condition 13. This permit will expire if: a) The use is not commenced within three years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months afterwards.
Attachments AT-1 Application for Planning Permit 3 Pages AT-2 Red Line Floor Plan 1 Page AT-3 Development Plans 9 Pages AT-4 Car Parking Assessment 15 Pages AT-5 Site and Surrounds Photographs 3 Pages AT-6 Location Map - Beach Crescent Newhaven 1 Page AT-7 CONFIDENTIAL - 140330 Submissions Beach Crescent Newhaven 31 Pages
Council Decision Moved: Cr. Bradley Drew / Seconded: Cr. Andrew Phillips That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 55 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Conflict of Interest Cr Rankine declared a Conflict of Interest in agenda item E.3, under section 77B of the Local Government Act 1989 and took no part in debate or discussion. Cr Rankine left the meeting at 6.01pm.
E.3 140318 - Proposed two lot subdivision, 64-80 Murray Street, Wonthaggi
File No: CM15/41 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Application Details Use/Development Sought: Two lot subdivision The Land: 64-80 Murray Street, Wonthaggi Planning Scheme: Bass Coast Planning Scheme Zoning: General Residential Zone – Schedule 1 Overlays: Environmental Significance Overlay – Schedule 4 Design and Development Overlay – Schedule 8 Locality Plan: (refer attached)
Declaration The author has no direct or indirect interests in relation to this report.
Executive Summary Planning application 140318 seeks the approval for a two lot subdivision of land at 64- 80 Murray Street, Wonthaggi. The application presents issues in terms of vehicle access to the proposed lot 1. The application was notified and 103 objections were received in response. The application has been considered against the provisions of the Bass Coast Planning Scheme and with regard to the concerns raised by objectors. The application is recommended for refusal
Proposed Use & Development The applicant seeks approval for the subdivision of a 1.91 hectare allotment into two lots at 64-80 Murray Street, Wonthaggi, formally known as Crown Allotment 20P on Title Plan 302315. It is proposed that Lot 1 will be 0.7959 hectare in area and will contain the existing weatherboard dwelling. In essence this lot is currently land locked and as such it is proposed that a road be constructed in part along an unmade road reserve.
Bass Coast Shire Council Page 56 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Due to the configuration of the unmade road reserve and the proximity of the boundary of 11 Asquith Court, it is intended that the road accessing the proposed Lot 1 will extend partially into the subject site; equating to a 217 square metre portion of the land being set aside as a road reserve to accommodate this. The proposed Lot 2 will be 1.097 hectares in area and will contain the buildings and car parking areas associated with the Moonya Centre. Access is being sought from Murray Street.
Reason a Council Decision is required A Council determination is required as 103 objections have been received in response to the notification of the planning application.
Background Planning application 130297 was previously considered by Council on 20 August 2014. The application was refused on the basis that insufficient information was provided in relation to undermining; and that appropriate access provision had not been clearly demonstrated to the proposed lot 1 as it was unclear as to the impact the proposed road would have on Number 11 Asquith Court. Following the refusal, the purchasers of the proposed lot 1, engaged another consultant and met with Council officers to work through the grounds of refusal with the intent to resubmitting the application. The applicant was advised that any subsequent application would need to be accompanied by a geotechnical report and demonstrate adequate consideration of the amenity of the residents at 11 Asquith Court. Planning permit application 140318 was lodged on 13 November 2014 for the two lot subdivision of land. This application was accompanied by a geotechnical report in support of the development and a detailed concept plan outlining the setback of the proposed access road from 11 Asquith Court.
Subject Site The subject land is located to the east of the Wonthaggi Activity Centre, at the fringe of a residential area. The irregular shaped allotment measures 252.48 metres along the northern boundary, 74.25 metres along the eastern boundary, 268.92 metres along the southern boundary, and 65.3 metres along the western boundary. Access is located at the eastern end of the frontage from the seal section of Murray Street. There is an open drain which runs along the road reserve at the front of the subject site for a distance of approximately 68 metres; measured from the eastern site boundary. Infrastructure including light pole and drainage pit are located in the vicinity of the existing entrance. The land is generally level. The western portion of the site is characterised by cleared grassland. The eastern portion of the site is occupied by the Moonya facility with a number of building, access roads and car parking areas. This is set within an established garden containing a mixture of indigenous and exotic vegetation. There is a single storey weatherboard dwelling located centrally within the site that is accessed via an internal driveway.
Bass Coast Shire Council Page 57 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Surrounds The subject site is set at the fringe of an established residential area of Wonthaggi. The land immediately adjoining the northern property boundary is part of the Wonthaggi Rail Trail. Beyond this is a new residential subdivision. The area adjoining to the east and south east features a mix of well established residential properties. Further east, is the Wonthaggi Activity Centre which includes the Wonthaggi Plaza as well as a range of medical and community services. The area to the south west of the subject land occupied by the Guide Park which features playground equipment, BBQ facilities, seating and amenities. There is also an open drain located adjacent to the southern property boundary. The area which extends to the west is vacant private land which is currently in the ownership of the applicant; and is zoned Farming.
Notice The application was notified to adjoining property owners and occupiers by letter. Also a signed was placed on the site. In response to the notification, Council received 103 objections to the application; with a majority of these being on a proforma sheet. A summary of the ground for objection include: • Increase traffic and vehicular-pedestrian conflict; • Impact on amenity of adjacent properties; and • The construction of a road is prohibited in this area.
Referrals Internal The application was referred to Council’s Asset Management Department for comment. Concerns raised by the Asset Management Department relate to construction of the road and land subsidence; the impact the road construction may have on existing Council infrastructure within the road reserve; and the road capacity to cater for service vehicles. It was recommended that the road should be located within the property boundaries of the subject Moonya land.
PLANNING SCHEME REQUIREMENTS
Permit Triggers A planning permit is required under the following clauses of the Bass Coast Planning Scheme: • Pursuant to the provisions of the General Residential Zone, Clause 32.08-2, a planning permit is required for the subdivision of land.
Bass Coast Shire Council Page 58 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
• Pursuant to the provisions of the Environmental Significance Overlay, Clause 42.01-2, a planning permit is required for the subdivision of land as there is no exemption in the relating Schedule 4. • Pursuant to the provisions of the Design and Development Overlay, Clause 43.02-3, a planning permit is required for the subdivision of land as there is no exemption in the relating Schedule 8.
General Residential Zone The subject land is in a General Residential Zone. Pursuant to the provisions of Clause 32.08-2, a planning permit is required to subdivide the land. Also, a subdivision application must meet the relevant requirements of Clause 56. The purpose of the General Residential Zone is: • “To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies; • To encourage development that respects the neighbourhood character of the area; • To implement neighbourhood character policy and adopted neighbourhood character guidelines; • To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport; and • To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.” Design and Development Overlay – Schedule 8 The subject land is affected by the Design and Development Overlay – Schedule 8: Emergency Services Flight Path. Pursuant to the provisions of Clause 43.02 (Design and Development Overlay) a permit is required to subdivide land unless the schedule to the overlay specifically states that a permit is not required. In this case Schedule 8 provides no exemption, hence a permit is required under the DDO8. The purpose of the Design and Development Overlay is: • To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. • To identify areas which are affected by specific requirements relating to the design and built form of new development. Schedule 8 to the overlay pertains to the ‘Emergency Services Flight Path’ and seeks to achieve the following objectives: • To ensure that the height of new development does not encroach on the flight path areas associated with the Wonthaggi Hospital helicopter landing site. • To ensure that the height of new development avoids creating a hazard to aircraft using the Wonthaggi Hospital helicopter landing site and to facilitate safe emergency medical service helicopter operations.
Bass Coast Shire Council Page 59 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
In this case an assessment against the provisions of the Design and Development Overlay and Schedule 8 are not considered as no building is proposed.
Environmental Significance Overlay – Schedule 4 The subject land is affected by the Environmental Significance Overlay – Schedule 4: Land Subsidence. Pursuant to Clause 42.01-2 (Environmental Significance Overlay) a planning permit is required for the subdivision of land as there is no exemption in Schedule 4. Schedule 4 requires that ‘before deciding on an application the Responsible Authority may consider • A geotechnical report from a qualified geologist that addresses the suitability of the site for the proposed development and the effects of any undermining.’ The purpose of the Environmental Significant Overlay is: • To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. • To identify areas where the development of land may be affected by environmental constraints. • To ensure that development is compatible with identified environmental values. Schedule 4 to the overlay applies to the ‘Land Subsidence’ and seeks to achieve the following objective: • To encourage development that is responsible to the constraints of land subsidence. The decision guidelines to the overlays state that ‘before deciding on an application the responsible authority may consider….a geotechnical report from a qualified geologist that addresses the suitability of the site for the proposed development and the effects of any undermining.’ A Geotechnical Report has been provided by the applicant.
State Planning Policy Framework The State Planning Policy Framework is to inform planning authorities of the State policy that provides a context for decision making. Relevant to this application are: Clause 11 – Settlement Clause 11 of the State Planning Policy Framework provides the framework for considering new urban development. The policy requires that Planning is: • “To prevent environmental problems created by siting incompatible land uses close together. • To facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities.” Clause 11.02-1 – Supply of urban land The objective is:
Bass Coast Shire Council Page 60 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
“To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.” Relevant strategies include: • Opportunities for consolidation, redevelopment and intensification of existing urban areas; • Neighbourhood character and landscape considerations; • The limits of land capability and natural hazards and environmental quality; and • Service limitations and the costs of providing infrastructure.” Clause 13 – Environmental Risks Clause 13 of the State Planning Policy Framework provides direction for “a best practice environmental management and risk management which aims to avoid or minimize environmental degradation and hazards.” Clause 13.03-2 – Erosion and landslip The objective is: “To protect areas prone to erosion, landslip and other land degradation processes.” Relevant strategies include: • “Identify areas subject to erosion or instability in planning schemes and when considering the use and development of land; • Prevent inappropriate development in unstable areas or areas prone to erosion; and • promote vegetation retention, planting and rehabilitation in areas prone to erosion and land instability.” Clause 15.01-3 – Neighbourhood and subdivision design The objective is: “To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods.” Relevant strategies include: • “In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by: . creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs; . providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people; and . Contribute to reducing car dependence; and • Developing activity centres that integrate housing, employment, shopping, recreation and community services, to provide a mix and level of activity that attracts people, creates a safe environment, simulates interaction and provides a lively community focus.”
Bass Coast Shire Council Page 61 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Local Planning Policy Framework There are a number of planning policies contained within the Local Planning Policy Framework which are considered relevant to this application. Clause 21.02 – Profile of Bass Coast Shire Clause 21.02-3 identifies Wonthaggi as being one of the four major population centres in the Shire. Wonthaggi has a predominantly permanent population and has traditionally provided a link with the agricultural and rural communities. Clause 21.02-4 recognises that there is an ageing population within the Shire. It notes the permanent population is characterised by a high proportion of residents over the age of 60 which is project to increase by 2030. The change in demographic profile will influence the settlement types, housing demands and the level of services and facilities required throughout the municipality. Clause 21.05 - Settlement Clause 21.05-1 in relation to the ‘Growth of Towns’, identifies distinctive settlement patterns based on a hierarchy of townships and villages. Strategic directions are established for the future development of these settlements. Wonthaggi is identified as the Shire’s regional centre. It has high spatial growth capacity and is encouraged to accommodate large scale residential growth within the identified urban area. Relevant objectives include: “Objective 1 • To identify towns that are suitable for urban growth and to provide for sufficient land in these towns for growth until 2030. Objective 2 • To ensure that residential development and related urban uses are restricted to existing or identified settlements. Objective 3 • To encourage sustainable development, minimise impacts on the natural systems, increase natural reserves and vegetation in urban areas and improve the quality of life for the community. Objective 5 • To enhance the sense of identity for each community.” Clause 21.06 – Land uses Clause 21.06.1 - in relation to the land use of ‘Housing’ seeks to ensure that provision is made for a “diverse range of housing types and tenures to cater for the municipality’s varied community”. Urban consolidation is encouraged within appropriate areas, being accessible to a range of physical infrastructure and close to activity centres offering a range of community services and facilities. The following objectives are considered relevant in the consideration of this application:
Bass Coast Shire Council Page 62 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
“Objective 1: • To increase housing densities and the consolidation of urban areas in appropriate locations and restrict increase housing densities and the consolidation of urban areas in inappropriate locations.” The strategies to achieve this objective include: • “Encourage increased housing densities within Wonthaggi, Cowes/Ventnor, Sam Remo, Inverloch and Grantville: . In proximity to commercial centres, community facilities and services; . In areas nominated in structure plans or Design Frameworks; and . Within 200 metres of a main commercial activity centre.” Clause 21.07 – Environment Clause 21.07-3 recognises that the municipality is susceptible to environmental hazards which can create challenges in terms of development. Objective 4 seeks “To restrict and control development on land prone to erosion and subsidence”. Strategies listed to achieve this include: • “Ensure that new uses and development are located on land that has the capability to sustain the development; and • Discourage development on land prone to erosion and subsidence, and ensure that development does not increase the risk of an environmental hazard.” Clause 21.10 – Local Areas Clause 21.10 in relation to ‘Local Areas’ provides policy direction in relation to a number of townships within the Shire. Clause 21.10-11 pertaining to the Wonthaggi Strategic Framework establishes the direction for development and land use within the township. In relation to the ‘Local Area Implementation’, the clause states the following: “Settlement • Planning for urban growth within the settlement boundary shown within the Wonthaggi Strategic Framework Plan.” Land Uses Existing Area • Encouraging infill residential development in close proximity to the Wonthaggi CBD. • Discouraging development in environmentally sensitive locations”
Bass Coast Shire Council Page 63 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Reference documents Wonthaggi / Dalyston Structure Plan, September 2008 The Wonthaggi / Dalyston Structure Plan, 2008 provides strategic direction in the consideration of land use. The Plan makes specific recommendations in relation to future land use planning, urban design, servicing and infrastructure capacity. In summary, it projects that Wonthaggi will experience significant population growth over the next 20 years with an increasingly aged population. It identifies that the subject site is located within the settlement boundary of Wonthaggi. It also indicates that infill development should be accommodated within close proximity to activity centres near current infrastructure and in areas best able to cope with change.
PARTICULAR PROVISONS Clause 52.01 - Public Open Space Contribution and Subdivision A person who proposes to subdivide land must make a contribution to the Council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under Section 18 of the Subdivision Act 1988. The balance of the Clause sets out exemptions from the public open space requirements which do not apply in this case. There is no specified amount listed in the Schedule. Section 18 – Subdivision Act 1988 If a requirement for public open space is not specified in the Schedule to Clause 52.01, Council may make a requirement for public open space in respect of a plan of subdivision by requiring a payment of a percentage of the site value not exceeding five percent of the area of the site value. Clauses 56 (ResCode) The development must comply with the objectives of Clause 56 of the planning scheme. This Clause relates to the development of two or more dwellings on a lot and residential buildings. The purposes of Clause 56 are: • “To create liveable and sustainable neighbourhoods and urban places with character and identity; • Achieve residential subdivision outcomes that appropriately respond to the site and its context for:…infill sites within established residential areas; and • To ensure residential subdivision design appropriately provides for; liveable and sustainable communities, residential lot design....”
Officer’s Considerations State and Local Planning Policy Framework The proposed application is considered to be consistent with the relevant objectives of the State and Local Planning Policy Frameworks.
Bass Coast Shire Council Page 64 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The proposed subdivision is considered to be consistent with Clause 11 of the State Planning Policy Framework as it is creating an additional residential allotment within the Wonthaggi township; and seeks to create the potential to redevelop part of the Moonya site. The proposed Lot 1 is largely vacant land and is of a size where it would be able to be further developed. In relation to Clause 15.01-2 and Clause 21.06-1, the proposed Lot 1 is of a size to facilitate infill development within Wonthaggi township should the environmental constraints of land subsidence and requirement for appropriate access be satisfied. The site within close proximity of the Wonthaggi Activity Centre and associated facilities and services located within it. Within the Strategic Framework Plan the Moonya site is recognised as being within the ‘Existing Urban Area’. In this regard it is considered that the proposed subdivision is consistent with the objectives and direction of Clause 21.10-11. The proposed access way to Lot 1, has been identified as being road reserve within the Strategic Framework Plan. The land is adjacent to the area identified as public open space and has been utilised for public park and drainage purposes and it is Council’s intent for this to continue. As such Council intends to formally engage in the process to discontinue the road under the Local Government Act. Access The application proposes the creation of an access way that is largely external to the site within an unmade road reserve which extends west from Murray Street. The road width will be 7.3 metres. Part of the road will be diverted around the northern boundary of 11 Asquith Court and existing infrastructure that is located to the north of Asquith Court. A small section of the subject site will accommodate this part of the roadway before it reconnects with the existing Murray Street road reserve. The current proposal would pose a risk on the amenity of the residents at 11 Asquith Court due to the configuration and close proximity of the road to the north, east and west boundaries. In addition, the proposal also assumes the use of an unmade road reserve, which Council intends to have set aside for the purpose of a park, for the provision of access. It is considered on this basis, that the application fails to provide appropriate or adequate provision for access to the proposed lot 1. Land Subsidence The subject land has been identified as being susceptible to land subsidence and as such consideration needs to be given to the risks associated with this hazard on any proposed or potential development. A geotechnical assessment has been submitted with the application which provides geotechnical advice on the suitability of the site for future residential development. This includes recommendation on construction techniques relating to any future construction on the subject land. In this regard it is considered that the proposal satisfies the policy in relation to Clause 13 ‘Environmental Risks’ and Clause 21.07-3 in relation to ‘Subsidence’. The geotechnical assessment is limited to the actual site however and does not extend to the road reserve where the applicant is seeking approval to construct access to the proposed Lot 1.
Bass Coast Shire Council Page 65 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
General Residential Zone It is considered that the proposal is consistent with purpose of the General Residential Zone. The proposal is consistent with Planning Policies, is respectful of its local urban context and will facilitate opportunity to provide for infill development in allocation that offers good access to services and transport networks. The proposed access to lot 1 however is not considered to be consistent with the provisions of the General Residential Zone on the basis that the proximity and configuration of the access way to 11 Asquith Court does not respect the neighbourhood character or spacing between buildings. Clause 56 ResCode The proposed subdivision is generally consistent with all the relevant clauses contained within Clause 56 of the Bass Coast Planning Scheme. In relation to Clause 56.06-8 which seeks “To provide for safe vehicle access between roads and lots”, there was some concern raised by Council’s Assets Management Department in relation to the adequacy of the location of the proposed roadway and potential to impact on public infrastructure. It was considered that the road would need to be moved to the north and be constructed within existing title boundary of the subject land. Environmental Significance Overlay The proposed Lot 1 will require the construction of a formal roadway in order to achieve access and prevent the site becoming landlocked. A geotechnical assessment has been submitted with the application which provides geotechnical advice on the suitability of the site for future residential development. The site had previously been mined for coal in the early 1900’s, and the geotechnical assessment alleviates the level of uncertainty associated with potential risk of such works from land subsidence. Whilst the assessment considers the site is to be a low risk site, it makes specific recommendation to manage mining related subsidence risks. This includes a range of construction techniques to be adopted with any future buildings and the filling in underground voids where necessary. The geotechnical assessment however, does not provide specific recommendation regarding the proposed road construction and strengthening of the subgrade. On this basis inadequate information has been submitted to support the construction of an access way over the existing road reserve. Public Open Space Contribution and Subdivision As highlighted earlier within this report, the proposed two lot subdivision would result in two large residential parcels of land which could be developed in the future. The eastern most parcel of land (Lot 2) contains the existing Moonya facility which has the potential to be redeveloped at some later stage for residential purpose. The western most parcel of land (Lot 1) is largely vacant and allows prime opportunity for residential infill development. There has been no evidence provided by the applicant indicated that the proposal would be exempt from the Public Open Space Contribution requirements of Clause 52.01 of the Bass Coast Planning Scheme. In this regard there is no specific requirement in Clause 52.01, so any requirement would default to the provisions of section 18 of the Subdivision Act 1988. It is considered that a payment of five percent (5%) of the site value would be applicable in this instance.
Bass Coast Shire Council Page 66 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Objectors’ Concerns The majority of objections received raised concerns in relation to the extension to Murray Street and the potential impact of additional traffic to the proposed Lot 1, and potential risk to families and children who walk through this area and to users of the Guide Park. The unmade road reserve has been utilised for the purpose of a park, and it is Council’s intent for this to continue. As such Council intends to formally engage in the process to discontinue the road under the Local Government Act. Concern has also been raised regarding the location of the proposed road and the potential adverse impact that it would have on the property at 11 Asquith Street. The access options proposed by the applicant do not respond to the property extension of 11 Asquith Court and as such the application would result in a poor outcome in terms of the layout and proximity of the proposed roadway to the boundary fence. Consideration also needs to be given to the potential future development which could occur on the proposed Lot 1 and the possible increase in traffic movements which would flow within close proximity of the 11 Asquith Court property. A question was also raised as to whether proposed roadway access could be located in a designated road reservation which is in a Public Conservation and Resource Zone under the Bass Coast Planning Scheme. The objector considers that a ‘Road’ is a Section 1 use under the provisions of the Zone (Clause 36.03-1) and that if the required condition is not met, then the use is prohibited. It is considered that there is no justification supporting this case. The condition associated with the ‘Road’ use under the Zone, is that it is to be conducted by or on behalf of a public land manager or Parks Victoria under the provisions of the respective Act. As noted earlier, Council does not support the construction of a road in this road reserve and intends to commence the discontinuation process.
Conclusion Overall it is acknowledged that there is merit in the proposed subdivision of this allotment due to the location within the Wonthaggi settlement boundary and the ability to provide opportunities for further infill development. However the application failed to provide evidence to demonstrate that sufficient consideration has been given to the risks associated with land subsidence in the area of the road reserve. The application has also failed to provide for a sound resolution in terms of access to the proposed lot 1. The current access proposal does not enable sufficient width to service future development due to the configuration of 11 Asquith Court which extends in part into the road reserve. It is also likely that the development of an access way immediately adjacent to 11 Asquith Court would have a detrimental impact on the amenity of the residents of the property. The construction of an access way over the unmade road reserve would also prevent Council from engaging in the process to consolidate the area of land permanently with the Guide Park. It is on this basis it is considered that the application in its current form cannot be supported and thus it is recommended that Council issue a Notice of Refusal.
Bass Coast Shire Council Page 67 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Recommendation That in relation to planning permit application 130297 for the two lot subdivision of land located at 64-80 Murray Street, Wonthaggi, Council resolves to issue a Notice of Refusal on the following grounds: 1. Appropriate access provision has not been clearly demonstrated to the proposed Lot 1. 2. The access to the proposed Lot 1 is contrary to the orderly and proper planning of the area and the intended use of the road reserve to a public park. 3. The access to the proposed Lot 1 will have detrimental impact on the amenity of 11 Asquith Court, Wonthaggi. 4. The extension of Murray Street along the road reserve compromises Council’s ability to consolidate the road reserve with the existing park.
Attachments AT-1 Cover letter enclosing application 1 Page AT-2 Application for Planning Permit 4 Pages AT-3 Planning Permit Report 9 Pages AT-4 Certificate of Title 4 Pages AT-5 Geotechnical Report 7 Pages AT-6 Proposed Plan of Subdivision 1 Page AT-7 Zoning Map 5 Pages AT-8 Concept Plan 1 Page AT-9 Locality Plan 1 Page AT- CONFIDENTIAL - Submissions 140318 64 - 80 Murray St 167 10 Wonthaggi Pages
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Jordan Crugnale That the recommendation be adopted. CARRIED
Cr Rankine returned to the meeting at 6.16pm
Bass Coast Shire Council Page 68 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.4 Councillor Representative for the Peri Urban Group of Rural Councils
File No: CM15/3 Department: Sustainable Development and Growth Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Previous Items: SR13/14 - Delegation of Councillors to Internal and External Committees - Council - 16 April 2014
Declaration The author has no direct or indirect interests in relation to this report.
Summary The purpose of this report is to recommend that Cr Rankine continues as the Council representative on the Peri-Urban Group of Rural Councils. Cr Rankine was the appointed representative to the Peri Urban Group of Rural Councils as detailed in the Council report received on the 16 April 2014 in his capacity as Mayor. There are considerable benefits for Cr Rankine to continue in this role.
Background Councillors are elected to both internally generated and hosted committees and are delegated to external committees on an annual basis. At the 16 April 2014 Council meeting, the position of Mayor was appointed to the Peri-Urban Group of Rural Councils. Cr Rankine was therefore appointed as the representative. The Statutory Council meeting was held on the 19 November 2014 to appoint the Mayor and Deputy Mayor for the next 12 month period. Cr Brown was officially appointed the new Mayor and therefore in line with the 16 April 2014 Council resolution should be representing Council on the Peri-Urban Group of Rural Councils. The Peri Urban Group of Rural Councils (PUGRC) was established in 2007, has representatives from the Shires of Bass Coast, Baw Baw, Golden Plans, Macedon Ranges, Moorabool, Murrindindi and Surf Coast. The PUGRC advocates on behalf of the member Councils to State and Federal Governments on matters such as infrastructure, economic development, population growth, Transport, and Planning. Cr Rankine has been a strong participant of this group and would like to continue in this role, representing Bass Coast Shire Council.
Bass Coast Shire Council Page 69 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Strategic Basis The delegation of Councillors to external organisations assists the Council to stay abreast of emerging issues and helps the Council to achieve the Strategic Direction identified in the Council Plan 2013-2017. In particular it provides the opportunity for Council to deliver of the following Council Plan Strategy under Governance: Advocate fiercely for the best outcomes for our current and future generations.
Finances Councillor participation in this committee is covered by their general reimbursement as a Councillor. Any associated expenses, such as travel is claimable by each individual Councillor. These expenses are allowed for within Council’s operating budget.
Stakeholders The Community of Bass Coast is a stakeholder. Participating in Committee helps to keep Councillors informed of key issues within the community that they represent. Cr Rankine has become an active member of the PURGC and Council will benefit from his continued involvement on this Committee.
Statutory Requirements/Codes/Standards/Policies It is not a statutory requirement to be a member of the Peri Urban Group of Rural Councils.
Other Options Consistent with the resolution made at the 16 April 2014 Council meeting, the Mayor remains as the Council representative on the PUGRC
Officer’s Conclusion and Recommendation It is important for Council to have a representative on the PUGRC to ensure that issues relevant to Bass Coast are advocated for by our representative and that the PUGRC advocates on Council’s behalf in relation to matters such as infrastructure, economic development, population growth, transport and planning. Cr Rankine has been a active participant on the Committee and Council would benefit from him continuing on as Council’s representative.
Recommendation That Council agrees to Councillor Rankine continuing as the Council delegate on the Peri Urban Regional Group of Councils until the completion of this Council term in October 2016.
Attachments There are no attachments for this report.
Bass Coast Shire Council Page 70 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Council Decision Moved: Cr. Clare Le Serve / Seconded: Cr. Jordan Crugnale 1. That Council agrees to Councillor Rankine continuing as the Council delegate on the Peri Urban Regional Group of Councils until the completion of this Council term in October 2016. 2. That Cr Crugnale be appointed as the substitute delegate to the Peri Urban Regional Group of Councils until the completion of this Council term in October 2016. CARRIED
Bass Coast Shire Council Page 71 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.5 Kerbside greenwaste trial
File No: CM14/1269 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Previous Items: SR2/13 - Waste Services: Closure of Rhyll Transfer Station - provision of alternative services - Council - 17 April 2013
Declaration The author has no direct or indirect interests in relation to this report.
Summary In September 2013 Bass Coast Shire Council introduced a kerbside greenwaste collection trial to service the northern areas of Phillip Island; Ventnor, Cowes, Silverleaves, Rhyll and Wimbledon Heights. This trial was introduced in part to offset the impact of the closure of the Rhyll transfer station, and as a user pays collection service to gauge the level of interest to introducing an ongoing kerbside greenwaste collection service throughout the Shire.
Background The kerbside greenwaste collection trial commenced on the 1 September 2013 and consisted of three subsequent six month periods where residents could “opt in or opt out” of a collection on a user pays basis. The charge to residents for each six months of the trial period was $70.00 including GST with Council providing a 240 litre mobile garbage bin (MGB) for storage and fortnightly collection. The purpose of the trial is to ascertain the interest and effectiveness of the service with a view to evaluating the overall benefit to the Shire, and possible implementation of a more permanent kerbside organics collection service across the whole Shire. There are approximately 7000 eligible properties within the trial area. Participation in stage one of the trial (September 13 to March 14) was 535 properties; stage two (March 14 to September 14) was 610 properties; and stage three (September 14 to March 15) is 510 properties. Other greenwaste disposal options available to residents include the “green waste amnesty” conducted from November to mid-December each year at no cost. This amnesty period is to coincide with the Country Fire Authority fire readiness activities promoting residents to clean up their properties and reduce fuel loads. In the 2013 amnesty approximately 15,000 cubic metres of greenwaste was received, and the cost to cart and process this volume was approximately $145,000. Residents also have the option to “self-haul” to the Cowes recycle bank, and Grantville and Inverloch transfer station. There is a minimum gate fee for this disposal ($14 per cubic meter equivalent). This fee is significantly less than that charged in the metropolitan areas ($50 per cubic meter equivalent). Bass Coast Shire Council Page 72 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Private commercial operators also provide a greenwaste disposal service that residents could procure.
Strategic Basis Sustainable Development and Growth Objective – Our built environment complements our landscape, lifestyle and climate. This objective is to be achieved through: Reduce waste to landfill and improve public awareness and responsibility for waste minimization. Council Plan Principles • The social, environmental and economic priorities of the Shire benefit both current and future generations. • Transparent evidence-based and inclusive decision making.
Finances The kerbside greenwaste collection trial was primarily a user pays system with any shortfall coming from the greenwaste amnesty account within Councils operational budget. Residents paid a fee of $70.00 for each six month period of the trial. The amount covered the majority of operating cost, with Council paying the $90.00 per 240 litre MGB bin cost for each resident. The direct cost to Council to deliver this trial service has been $85,116 for 2013/14 financial year (10 months). This equates to $102,000 for 12 months. The budget allocation in 2014/15 for this trial service is $136,000. This figure includes provision of bins, collection and processing. This does not cover the administrative costs to conduct the trial service. On current financial figures the trial service cost approximately $8,500 per month. There is provision within the current 2014/15 budget for the service to continue through to the end of June 2015.
Stakeholders Identified stakeholders include: • Bass Coast Shire Council • Collection contractor and processor • Residents within the northern half of Phillip Island • Gippsland Waste and Resource Recovery Group
Statutory Requirements/Codes/Standards/Policies • Environmental Protection Act 1997 • Getting Full Value: the Victorian Waste and Resource Recovery Policy 2013 • Bass Coast Shire Council Waste Management Plan • Local laws pertaining to kerbside collections
Bass Coast Shire Council Page 73 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
• Victorian Road and traffic regulations
Other Options Council may choose not to provide kerbside greenwaste collection service after the trial period and allow the commercial market to provide this service. This would still allow residents to dispose of their greenwaste separately to their household garbage where volumes require. Currently a Bass Coast Shire Waste Management Strategy 2015-25, is being developed. Council may choose to use the information gained from the trial and undertake a full feasibility study, including a cost benefit analysis to introduce a three bin system across the Shire. This would allow Council to make an informed decision regarding resources and demand, alignment with State government policy and the Gippsland Waste and Resource Recovery Group strategies and plans. Financial resources would be required to appoint a consultant to undertake this study. Council may choose to continue the trial service with the remaining resources until the end of the 2014/15 financial year. Continuation of the trail service would require negotiation of operational and contractual matters. Any extension beyond that date would require a separate tender process in order to comply with the procurement provisions of the Local Government Act.
Officer’s Conclusion and Recommendation While the initial take-up rate and subsequent participation in stage two of the kerbside greenwaste collection trial was quite positive, participant numbers in stage three saw a reduction in participant numbers of almost 4%. The trial experienced a maximum participation rate of 610 residents at the peak and 533 at the minimum, equating to between 7.5% and 8.7% take-up rates. This fluctuation is attributed to interest in a new service and seasonal greenwaste variation. A survey of participants resulted in some strong common themes being evident in the feedback (attachment 1). They included; • High satisfaction with the service with a satisfaction rate of 94.5%; • High level of disappointment if service was to be terminated, with 84% being very disappointed; • Older residents made up the majority of participant numbers with approximately 83% being over 50 years of age; • The ratio of permanent residents versus holiday home owners was not of any great significance with 56% being permanent residents, and 43% of participants being holiday home owners; • 80% of participants indicated a willingness to continue to participate in a user pays service, if one was conducted in the future. This equates to approximately 6.4% of total residents to whom the trial was available; and • 83% of participants stated they would recommend the service to neighbours, family or friends.
Bass Coast Shire Council Page 74 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The cost of providing the service was seen as being prohibitive with a number of participants suggesting the cost per annum should be half what the charge was during the trial with some participants believing it should be a ‘free’ service incorporated into the garbage charge. Council is currently developing the Bass Coast Shire Waste Management Strategy 2015-25, to be completed by 30 June 2015. A strategic action within the Strategy will be to undertake a full feasibility study, including a cost benefit analysis to introduce a three bin system across the Shire. Information gained from the trial kerbside greenwaste collection service will be utilised in this study. This would allow Council to make an informed decision regarding resources and demand, alignment with State government policy and the Gippsland Waste and Resource Recovery Group strategies and plans. To understand the full costs of a permanent kerbside greenwaste collection further cost analysis is required. This would then enable Council to determine if this should be an “opt in or out” service. An ongoing issue for Council is that the greenwaste collected via the kerbside trial, and that received at the transfer stations, does not currently have a viable or sustainable end market (e.g. processing or composting facility). This means that there is no long term reduction to waste volumes to landfill unless a market can be found. Whilst this is the case, an additional operational cost to Council and residents has been created with no measurable benefit in reduction of waste to landfill. Should an end market or other sustainable option become available for disposal of greenwaste, including food waste, then a three bin system would possibly become a viable option. If this were to occur Council may then be in a position to implement a three bin system. At this point in time it would be prudent for Council to not proceed with an extension of the kerbside greenwaste collection service due to the limited participation numbers, lack of processing options and end markets for the product, cost involved and the lack of impact in reducing waste to landfill in accordance with Councils waste management plan. This would then allow the Waste Management Strategy 2015-25, to address the feasibility and viability of a full kerbside greenwaste collection service.
Recommendation That Council: 1. notes the information gained from the kerbside greenwaste collection trial service; and 2. completes the kerbside greenwaste collection trial at 15 March 2015 as scheduled; and 3. includes as a strategic action in the Waste Management Strategy 2015- 25, to undertake a full feasibility study, including cost benefit analysis to introduce a three bin system to include greenwaste/organics collection across the Shire.
Bass Coast Shire Council Page 75 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments AT- Phillip Island Kerbside Green Waste Trial Customer Feedback Survey 9 1 2013-2015 - Response Summary Pages
Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Bradley Drew That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 76 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.6 Review Urban Roads and Drainage Improvement Policy - Receipt of Submissions
File No: CM15/52 Department: Infrastructure Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Previous Items: SR7/14 - Review of the Urban Streets Improvement Policy - Council - 15 October 2014 SR5/13 - Primer Seal Dust Suppression Roads - Long Term Management Strategy - Council - 21 August 2013
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council resolved at its 21 May 2014 meeting, to complete a review of the Urban Streets Improvement Policy and associated procedures by 30 June 2015. The current Urban Streets Improvement Policy was adopted by Bass Coast Shire Council in 1996. At its 17 October 2014 meeting, Council resolved that: 1. the draft Urban Roads and Drainage Improvement Policy and the accompanying documentation be released for public comment for a period of six weeks. 2. a public notice calling for feedback on the draft Urban Roads and Drainage Improvement Policy and accompanying documentation be published. 3. a further report detailing the feedback received in relation to the revised Urban Roads and Drainage Improvement Policy, with recommended changes, be presented to Council at its meeting in February 2015. A public notice was placed in the Sentinel Times on 4 November 2014 with the submission period of 6 weeks closing on 19 December 2014. A total of 9 submissions have been received to date. Three of these are from the same person. The purpose of this report is to present the submissions received to Council, and to recommend further revision prior to its adoption. Accordingly it is recommended That: 1. submissions received in regards to the Draft Urban Roads and Drainage Policy are noted. 2. the Draft Urban Roads and Drainage Policy be further reviewed to:- a. consider the comments raised in the submissions b. strengthen the link between Bass Coast Shire’s Planning Scheme and the provision of infrastructure under this policy.
Bass Coast Shire Council Page 77 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
c. identify the infrastructure assets Council would want to provide without any direct community contributions and to consider the financial implications of this position. 3. the revised Draft Urban Roads and Drainage Policy be presented to Council at its May 2015 meeting
Background Council resolved at its 21 May 2014 meeting to complete a review of the Urban Streets Improvement Policy and associated procedures, by 30 June 2015. Prior to the implementation of the Town Planning Act (circa 1970), Council’s had no way of requiring developers to consider the social, environmental and cultural wellbeing of a community as part of proposed development. This meant there were a large number of residential areas throughout Victoria which did not meet the most basic of requirements under today’s planning schemes. This has left a legacy that all ratepayers both current and future are left to resolve. In order to address this legacy, Bass Coast Shire Council adopted the Urban Streets Improvement Policy in 1996 Accompanying the Urban Streets Improvement Policy was the Local Road Priority List, which set the priorities for road and drainage upgrades across the Shire in accordance with the policy. The Urban Streets Improvement Policy set out to provide policy direction surrounding the following: • The prioritisation of urban areas across the Shire for proposed road and drainage upgrades • The use of special charge schemes as the funding mechanism for the upgrade of urban areas within the roads priority list The objectives of the review of the policy are to enable Council to: • improve the social, economic and environmental benefits to the community through the upgrade of urban infrastructure • define procedures and guidelines for the upgrade of urban infrastructure • reinforce its commitment to the upgrade of road and drainage infrastructure within urban areas of the shire • ensure that the upgrade of urban infrastructure is in accordance with Council’s Policy and Standards • have a consistent approach to the upgrade of urban infrastructure • minimise long-term maintenance and renewal costs for road and drainage infrastructure The revised policy seeks to redefine Council’s commitment to urban road and drainage infrastructure improvement works. The Road Priority List, which forms a major part in the implementation of the existing policy, has also been reviewed. Significant major changes to the priority list have occurred. This resulted in some urban areas or estates being moved up the list of priorities and subsequently some areas being moved down.
Bass Coast Shire Council Page 78 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
It was therefore necessary to give the community an opportunity to provide feedback on the revised policy and priority list prior to Council adopting a revised policy. A public notice was placed and in addition a list of potential stakeholders was collated. It was considered that some on this list will be directly impacted by this policy in the short term. A letter was sent to all on this list inviting those groups/individuals to make a written submission. The stakeholders list is included in Attachment 1. Council Officers have considered all the submissions received to determine what, if any changes are required to the draft policy. A copy of all the submissions received has been included as Attachment 2.
Strategic Basis Local Government Act The Local Government Act 1989 sets out the objectives of Councils. Section 3C of this Act states that: “ the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of its decisions and in doing so must have regard to the facilitating objective to improve the overall quality of life of people in the local community.” Bass Coast Planning Scheme Under the current Bass Coast Council’s Planning Scheme, there are a number of key objectives each new development needs to achieve prior to it being approved. These objectives are around social, environmental and liveability of an area. The objectives and strategies are set out under five themes: • Settlement • Land Uses • Environment • Landscape and Built Form • Infrastructure The objectives and strategies that are most relevant to any potential road and drainage upgrade project are:- Cl 21.07-2 Environment - Catchment management Cl 21.07-3 Environmental hazards – Flooding and salinity Cl 21.08-4 Landscape Architecture Cl 21.09 Infrastructure Council Plan 2013-2017 The Council Plan 2013-2017, adopted by Council at its 19 June 2013 ordinary meeting, outlines its key strategic objectives by which it intends to address the key objectives in the planning scheme.
Bass Coast Shire Council Page 79 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The Council Plan includes a Strategic Objective regarding Sustainable Development and Growth. This objective is underpinned by the strategy that Council will: “Provide infrastructure and facilities that are well managed, affordable and are suitable for the communities need.” The Council Plan also has Principles which apply to this policy • The social, environmental and economic priorities of the Shire benefit both current and future generations • Equity in the distribution of resources across the Shire • Transparent evidence-based and inclusive decision making • The provision and use of energy and resources will be promoted in an efficient and sustainable way In order to achieve this strategic objective and principles, Council has a number of existing strategies, plans and policies to manage our resources effectively, whilst providing and improving infrastructure within the Shire. These existing strategies, plans and policies include the existing Urban Streets Improvement Policy. Asset Management Policy Council’s Asset Management Policy outlines that Council’s goals with respect to the way in which it manages infrastructure includes: • taking a forward-looking, long-term and ‘whole of life’ view to the provision and management of infrastructure for service delivery • understanding and taking into account community expectations in all significant decisions affecting infrastructure The review of this policy, in line with the Asset Management Policy, aims to ensure that the long-term and ‘whole of life’ costs of the infrastructure, included as part of these upgrade projects, minimises the impact to Council’s renewal and maintenance demands. The goal of the Asset Management Policy is to ensure infrastructure decisions made today will not leave a significant cost burden on future communities to fund the high maintenance and renewal costs of inappropriate infrastructure. In addition, this policy, along with the Roads Services Asset Management Plan 2014, through the stated community service levels, aims to ensure that community expectations for road and drainage infrastructure are met. A full review of this policy was required to determine the future direction of the urban road and drainage improvement program. The review of the policy will reaffirm Council’s commitment to its key objectives in the Council Plan and recognises that this policy also reaffirms Council’s vision within the Municipal Strategic Statement. This includes • A high quality built environment enhancing the natural environment and landscape values • Effective and efficient road, pedestrian cycling and drainage networks provided throughout the Shire • Improved quality of water and the surrounding catchment environment
Bass Coast Shire Council Page 80 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
It is anticipated that this policy will provide strategic direction to improve the liveability, township character of both the built and natural environment for residents and ratepayers within the Shire’s urban areas.
Finances The adoption of the revised policy, the accompanying priority list and the subsequent upgrade program will have a financial implication for Council as the upgrade of roads and drainage will require an investment of capital. There are over 125km of unmade roads within urban residential, commercial and industrial areas across the Shire, which includes both primary access roads and secondary access rear lanes. In addition to this, these areas make up 6,074 properties out of the total 25,199 properties within residential, commercial and industrial areas. This equates to almost 25% of properties within urban areas across the Shire having insufficient road and drainage infrastructure. In order for Council to bring the entire urban road and drainage infrastructure in these areas across the Shire (not including rear lane access) to a standard which is consistent with community expectations within an urban residential commercial or industrial area, will cost over $135 million. Council does not have the resources or the financial capacity to deliver all of these road and drainage improvements at the one time. Therefore Council must prioritise specific areas into a program in order to deliver these improvements over time. The Council contribution and funding will need to be considered as part of the development of the Long Term Financial Plan and considered annually as part of budget development. It is envisaged that a program to upgrade all existing areas would take over fifty years in implement. Under the existing policy, over 2900 properties have contributed to upgrades in their estates through the provision of a special charge.
Stakeholders There are various stakeholders regarding the review of the existing policy. The primary stakeholders in the review of the revised policy are those property owners in areas that have insufficient infrastructure and have been prioritised within the ten-year program for road and drainage improvements. Other stakeholders include: • Council • property owners in these areas that may get a benefit but indirectly • property owners that have been included in past projects • other ratepayers of Bass Coast Shire • community groups such as community planning groups and resident/ratepayers associations • visitors to the area
Bass Coast Shire Council Page 81 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Statutory Requirements/Codes/Standards/Policies The Local Government Act 1989 and the Road Management Act 2004 set out the statutory obligations that Council has in respect of local roads within the municipality. Section 40 (1) of the Road Management Act 2004 states that a road authority, in this case Council, has a statutory duty to inspect, maintain and repair public roads. However, Section 40 (2) states that the statutory duty imposed by sub-section (1) does not create a duty to upgrade a road or to maintain a road to a higher standard than the standard to which the road is constructed. In accordance with these sections of the Road Management Act 2004 there is no statutory obligation for Council to upgrade road and drainage infrastructure within the Shire. The Local Government Act 1989 sets out the objectives of Councils. Section 3C of this Act states that: “ the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of its decisions and in doing so must have regard to the facilitating objective to improve the overall quality of life of people in the local community.” Whilst Council has no statutory obligation to improve local road and drainage infrastructure, the upgrade of road and drainage infrastructure across the Shire, goes towards achieving the primary and facilitating objective of a Council under the Local Government Act 1989. The primary aim of the revised Urban Road and Drainage Improvement Policy is to provide a policy framework to improve the overall quality of life for citizens that live within areas across the Shire that have little or no road and drainage infrastructure. In addition to this, the improvements to road and drainage across the Shire will ensure that liveability in these areas is improved long term. Once an upgrade of an area has been undertaken Council will then have a statutory obligation to ensure that the upgraded local roads and drainage are inspected, maintained and repaired to the equivalent standard to that which is delivered as part of any road and drainage improvement project.
Other Options Council could choose to adopt the draft policy as attached. However, in considering the matters raised in the submission, there are a number of further changes that Council could consider in the review of the Urban Streets Improvement Policy. These include, but are not limited to the following: • Include a stronger emphasis on how the provision of infrastructure is a way to meet Council’s overall strategic objectives, and subsequently the social impacts of these types of projects • Identification of the various infrastructure that Council considers will be their responsibility to fund for any future improvement projects. • Reassess the current evaluation criteria to determine whether there should be any further criteria added • Review the priority list based on the revised list of evaluation criteria
Bass Coast Shire Council Page 82 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
• Assess any cost implications for Council from the outcomes of this review.
Officer’s Conclusion and Recommendation Most of the submissions received focus around the social and/or financial impacts of any potential road and drainage improvement projects. Some also discuss the standard of infrastructure to be provided as part of these projects. Key matters around the policy within submissions are summarised below:- 1. Social impacts of any potential road and drainage improvements 2. Financial impacts of any potential road and drainage improvements 3. Priority list needs to also consider potential development on existing infrastructure within an existing estate. The implications of future development and the associated planning controls need to somehow be also evaluated. This issue has the potential to significantly influence the proposed priority list. 4. Consider splitting estates into areas. 5. Consideration of providing alternative options 6. Special Maintenance Levy and re-construction charges 7. Reprioritisation of certain roads 8. Community engagement process 9. The evaluation matrix By strengthening the link between community engagement, social policy, the current planning scheme and this policy ensures that the key strategic objectives are considered at the initiation stage of any potential project. By placing sufficient emphasis on what Council is trying to achieve for all its ratepayers (both current and future) regarding liveability, social and environmental outcomes will broaden the understanding the any infrastructure improvements are proposed to meet these outcomes. Whilst the current planning scheme primarily addresses the social and livability outcomes for new urban areas, many of the criteria should and does equally apply to existing urban unconstructed areas. If Council does not reinforce its commitment to providing road and drainage improvements to the existing unconstructed areas, there is a real risk that there will be a significant disparity between the new and the existing urban areas. Improvements to urban areas can take into consideration the individual character of an area and still offer a level of infrastructure to meet both the current and future needs of the community. The challenge for Council is to gain an adequate understanding of the issues and expectations that exist within an area in order to create a concept plan/s that best meets those needs and expectations and are financially achievable for most property owners.
Bass Coast Shire Council Page 83 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
There are a number of assets Council already provides at no cost to the abutting property owners. The inclusion within the policy of a list of infrastructure assets that Council will provide without community contribution, this will provide clarity around what they can expect Council to contribute to a project. In the event property owners decide to pursue an appeal thru the Victorian Civil Appeals Tribunal (VCAT) during the statutory process of a special charge scheme, it places Council in a stronger position. The potential changes will require a reasonable amount of time to undertake and to consider potential implications. Accordingly this report will recommend the revised policy will be presented to Council in May 2015.
Recommendation That: 1. the submissions received in regards to the Draft Urban Roads and Drainage Policy are noted. 2. the Draft Urban Roads and Drainage Policy be further reviewed to:- a) consider the comments raised in the submissions. b) strengthen the link between Bass Coast Shire’s Planning Scheme and the provision of infrastructure under this policy. c) identify the infrastructure assets Council would want to provide without any direct community contributions and to consider the financial implications of this position. 3. the revised Draft Urban Roads and Drainage Policy be presented to Council at its May 2015 meeting.
Attachments AT-1 List of Stakeholders 1 Page AT-2 CONFIDENTIAL - Copies of submissions received 19 Pages AT-3 Copy of Draft policy with priority list 28 Pages
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Clare Le Serve That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 84 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.7 Sunset Strip Estate Potential Road and Drainage Upgrade - Results of Further Community Questionnaire
File No: CM15/42 Department: Infrastructure Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Previous Items: SR6/14 - Sunset Strip Estate Proposed Road and Drainage Upgrade - Results of Community Questionnaire - Council - 17 September 2014 SR7/14 - Sunset Strip Proposed Road and Drainage Upgrade - Results of Community Sessions - Council - 16 July 2014 SR5/13 - Primer Seal Dust Suppression Roads - Long Term Management Strategy - Council - 21 August 2013
Declaration The author has no direct or indirect interests in relation to this report.
Summary The Sunset Strip estate is now the highest priority within the priority list for infrastructure upgrades to be undertaken within the Shire. At this stage, no commitment has been made to undertake road and drainage improvements in the area. A questionnaire and accompanying letter, which was sent to property owners within the Sunset Strip area in August 2014, asked if property owners would be prepared to contribute towards the costs of road and drainage improvements in the area. Due to the high proportion of non-respondents, Council resolved at its meeting of 17 September 2014 to undertake further consultation including an additional questionnaire to gain a better representation of all property owners. The purpose of this report is to provide the results of the survey. Based on the information received, it is recommended that Council to consider moving to the next phase (planning phase) of a road and drainage improvement project. This phase deals with the development of concept plans, cost estimates and the potential cost distribution between Council and property owners and will provide those that require more information, a basis to make an informed decision, should Council resolve at a future meeting to proceed to a formal process. The recommendation today does not commit Council to a formal process. The work to develop a concept design would also provide Council with functional layout options for projects that could be undertaken outside of the road and drainage upgrade project. For example, there could be intersection improvements on Back Beach Road and Phillip Island Road or waterway improvements.
Bass Coast Shire Council Page 85 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
This would enable Council to lobby for external funding from State Government agencies such as VicRoads or Melbourne Water, towards these types of projects, irrespective of the outcomes of a future road and drainage project partly funded by a contribution from property owners in the area. This report recommends that Council resolves to: 1. Proceed to the planning phase, which shall include the preparation of concept plans, cost estimates and a distribution of costs, for a potential road and drainage upgrade project for Sunset Strip estate. These plans will consider 3 alternatives a. The provision of drainage only b. The provision of drainage plus the inclusion of road improvements within the higher trafficked roads including Sunset Drive, Panorama Drive, Bermagui Crescent, Happy Valley Road, Service Road Back Beach Rd and Service Road Phillip Island Road. c. The provision of drainage plus road improvements for all streets within Sunset Strip estate 2. Have the concept plans presented back to Council at a later date for consideration.
Background Prior to the implementation of the Town Planning Act (circa 1970), Councils had no way of requiring developers to consider the social, environmental and cultural wellbeing of a community as part of proposed development. This meant there were a large number of residential areas throughout Victoria which do not meet the most basic of requirements under the planning schemes of today. The legacy of urban areas without basic infrastructure in this shire has an estimated cost of over $150 million. Council has developed a priority list which prioritises all of the areas across the Shire that have unconstructed streets and inadequate drainage, with a view to upgrading these areas. The mechanism that Council has adopted to fund these upgrade projects in the past has been through the special charge provisions in the Local Government Act. The special charge provisions allow for costs to be equitably attributed to those that receive a benefit. The Sunset Strip estate is now the highest priority within the priority list for infrastructure upgrades to be undertaken within the Shire. Letters were sent to all property owners in February 2014 advising property owners that Council officers were about to commence preliminary planning works for possible road and drainage upgrades in the Sunset Strip estate.
Bass Coast Shire Council Page 86 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Community forums A number of community sessions were undertaken in March 2014. The focus of the discussions at the community forums was around four key areas. Local information is pivotal to the development of a concept design that best meets the needs and desires of the community. The four key areas were: • stormwater drainage related issues • traffic and road safety related issues • vision for the streetscape including trees/vegetation/landscaping • particular individual property issues These forums provided officers with detailed and specific local information on issues that can be addressed through the design of the project. In turn, it gives property owners the unique opportunity to have input in relation to their specific needs. As indicated above, the purpose of these sessions was to obtain specific local information and not to determine the level of support for the project. Most participants expressed that they enjoyed the opportunity to offer their opinions or suggestions on issues they felt should be addressed as part of any future upgrade. In total, Council officers either met with, or directly spoke to, 47 of the 346 (or 14%) of property owners who would benefit from the proposed road and drainage upgrades. The issues highlighted across the estate were presented as part of a report to Council for consideration at its 16 July 2014 meeting, and have been made available to the public through its website. Questionnaire At its 16 July 2014 meeting, Council resolved to send out a questionnaire to gauge the community’s view towards contributing to a potential road and drainage project. The questionnaire did not have an accompanying concept plan or cost estimates as these had not yet been prepared. Questionnaires were sent to all 345 potentially affected property owners on 21 July 2014 and were requested to be returned by 15 August 2014. The results were as follows: • responses received from 195 (56%) of property owners • the remaining 150 (44%) of property owners did not take the opportunity to respond to the questionnaire • 139 (40%) of total property owners would not be willing to contribute towards the costs of works to upgrade roads and drainage in the area • 56 (16%) of property owners responded expressing that they would like the road and drainage upgrade to occur and would be willing to contribute towards the project The comments provided within the questionnaires generally fell into the following common themes:
Bass Coast Shire Council Page 87 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
No of Common Topic Questionnaires Like it the way it is/not warranted/do 40 not want it Dust suppression 10 Can't afford it/too expensive 47 Upgrade drainage only 5 Not enough information 24 Council/VicRoads should pay 12
These results were presented to Council at the 17 September 2014 meeting. Given that there were a significant number of property owners that had not responded, Council resolved to undertake a further questionnaire and to send out additional information to assist property owners in making an informed decision. A letter advising owners of this decision was sent after the Council meeting. An additional letter together with information sheets was sent out on 30 October 2015. A copy of this letter with the information sheets are attached to this report as Attachment 1. Questionnaires together with a potential project timeline were sent to all 346 potentially affected property owners on 24 November 2014 and were requested to be returned by 19 December 2014. ( Note: the number of property owners has increased by one due to a separation of title and selling of a parcel of land.) On this questionnaire it was made clear that if owners chose not to respond, their non response would assume they were in support of potential road and drainage improvements. This is consistent with the methodology used in the legislated process. This was to encourage all property owners to take the opportunity and return this questionnaire. As this questionnaire is not legally binding, owners were also advised that any decision that they chose to make at that time did not eliminate the right to change their mind at a later date. It was also decided to include additional questions on the questionnaire to determine whether the Sunset Strip community felt there was a need for infrastructure upgrades and whether they would like to see concept plans for potential upgrades. The questionnaire is attached to this report - Attachment 2. The four questions included on the second questionnaire are as follows:- 1. Do you think there is a need for road and drainage improvements in the Sunset Strip estate? (NEED) 2. Would you like to see a concept plan and costings prior to making a decision? (CONCEPT) 3. Would you be willing to contribute, via a Special Charge Scheme, to road and drainage improvement works for Sunset Strip estate?
Bass Coast Shire Council Page 88 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
4. Having read the information of the repayment options outlined, would you still require additional financial assistance in order to pay for any potential road and drainage improvements in Sunset Strip estate? These questions were included to gain a better insight into the thoughts of property owners as most owners as to whether the objection to an upgrade is about the change to the area, or whether it is about the willingness to pay. There was a clear message from the first questionnaire that property owners wanted more information. A question around the provision of a concept plan was therefore included. Based on the feedback from the first questionnaire and experience from previous projects a fourth question was included around potential financial assistance. While the questionnaire was open, a forum was run by a community group on 12 December 2014 to discuss the potential road and drainage policy. Council officers were invited to attend in order to answer questions as required. It was clear that there were a number of people in the room who wanted to see more detailed, specific costings prior to making their decision. Council officers have collated the responses to the second questionnaire and the comments received. The results were as follows: • responses received from 220 (63%) of property owners • the remaining 126 (37%) of property owners did not take the opportunity to respond to the questionnaire Each property owner within the Sunset Strip area had the opportunity to express their position including whether they would be prepared to contribute towards the costs of the road and drainage improvements, based on the estimate provided. The responses to the four questions are shown in the table below.
Yes No No response received
Question1 - Need 114 106 126
Question 2 - Concept 111 109 126
Question 3 - Contribute # 51 or 15% # 163 or 47% 132
Question 4 - Assistance 122 61 163 # number expressed as a percentage of total property owners
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Of those who responded:- • 114 felt there was a need for an upgrade, but 60 these did not want to contribute. • 163 advised that they were not willing to contribute, of these . 61 felt that improvements were needed, and 32 also wanted to see a concept • 56 respondents advised that they were not willing to contribute but would still like to see a concept plan developed. Further, • 122 responded that they would require further financial assistance if the project was to proceed. This could be in the form of payment plans or qualification for debt management • 88 have responded they are not willing to contribute primarily due to being unable to afford it. A summary of all questionnaires received up to the writing of this report with comments is included in Attachment 3. Based on the results of this survey and using the rationale as legislated under the under the Local Government Act, there is not a majority of landowners that have indicated that they would not be willing to contribute In addition, 82 (37%) of respondents feel there is a need to carry out some form of improvements and would like to see concept plans prepared. The comments provided within the questionnaires are similar to those provided in the first questionnaire and can be generally summarised into the following common themes:
No of Common Topic Questionnaires
Like it the way it is/not warranted/do 37 not want it Dust suppression 2
Can't afford it/too expensive 40 Upgrade drainage only 4 Not enough information 12 Council /VicRoads should pay 16 Dust Suppression and Council to pay for 23 drainage Want it to happen 19
Many of these comments were discussed at length in Council’s meeting on17 September 2014. For completeness, most of the Council officer comments have been repeated from that report.
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A number of landowners have mentioned they like Sunset Strip the way it is These respondents have indicated that they would prefer Sunset Strip to remain as it is. Some landowners indicated that they have not experienced any access issues or drainage problems nor have any problem with the existing roads. However, the community forums in March highlighted drainage issues and traffic and road safety issues at various locations through the estate. This can also be clarified by Council’s Infrastructure Maintenance staff. The road and drainage proposal would include underground drainage to assist with managing drainage flows. The proposal would also include landscaping works, such as top soiling and seeding of nature strips and street tree planting. A concrete footpath would be proposed to run adjacent to private properties wherever practical. It would be realigned to ensure any existing nature strip trees and vegetation can be preserved. The extent of this footpath would be determined through further consultation. Traffic volumes are such that maintenance of gravel roads and dust suppression roads are no longer considered to be the most viable alternative. Road and drainage construction is considered the best long-term outcome for the area. This would allow maintenance resources to be applied more effectively over the long term. The existing amenity and feel of the area does not have to be adversely impacted because roads are to be upgraded. Improving the estate’s roads and drains, whilst maintaining the existing character of the estate, can be achieved through good streetscape design. This includes the extent of landscaping, vegetation and tree planting and best practice urban design principles. This can be further informed through community consultation and developed through the process of the concept design. If Sunset Strip were to remain ‘as is’ it would mean the road and drainage issues for property owners and residents would continue. This would have a significant ongoing impact on liveability in the area over the long term. A number of landowners have mentioned they would just like a dust suppression seal This was again a common theme. As outlined in the previous Council report, there are five streets in the Sunset Strip estate which were included in the dust suppression trial: • Sunset Drive • Happy Valley Drive • Back Beach Road Service Road • Bermagui Crescent • Panorama Drive All were unsealed roads that were treated with dust suppression. The roads trialed in Sunset Strip were all treated with a primer seal applied straight over the existing unsealed road. Whilst this treatment has been effective in treating the issue of dust generated from unsealed roads, it does not provide the adequate strength due to the insufficient underlying pavement that is required for a properly constructed sealed road.
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These roads were included in the trial due to the higher traffic volumes and the number of complaints received concerning dust. These seals were carried out on roads which were on the program for road and drainage upgrades but were still a number of years away. A previous report presented to Council at its 21 August 2013 meeting discussed the trial of dust suppression seals at length and highlighted the life cycle costs of these types of treatments. It included the cost implications of the ongoing maintenance once these seals deteriorated past a certain point. Council resolved to revert many of these dust suppression roads back to unsealed roads once they have deteriorated to a certain level. In line with this resolution, Council has commenced reverting some of the dust suppression roads across the Shire back to fully unsealed roads with crushed rock applied. Roads in Dalyston, Pioneer Bay and Surf Beach have or are currently being reverted back to unsealed roads. The condition rating of the dust suppression roads within Sunset Strip is generally a 7- 8 condition rating. In line with Council's endorsement of the management strategy for these roads, the treated roads within Sunset Strip will likely be reverted back to fully unsealed roads. This is expected to occur within the next few years, depending on the rate of deterioration. Therefore a road and drainage upgrade will become more important to assist in the ongoing dust and drainage issues in this estate. A number of landowners have mentioned they would just like the drainage to be done. During the community sessions there were a number of property owners who raised a variety of drainage issues to Council officers. These issues included, but were not limited to: • water flowing from the road onto their property • water flowing from adjacent properties • water unable to get away and becoming stagnant It is anticipated that a significant number of these issues can only be addressed by a road and drainage upgrade. This type of upgrade not only includes the underground drainage network to collect and discharge storm water, but the creation of the necessary outfalls to ensure that the stormwater runoff is controlled and does not impact property. The drainage strategy currently being prepared for this area, will also assist in addressing these issues by the development of an overall drainage plan. Modelling has indicated a number of areas which currently experience flooding from the Melbourne Water drain as well as localised ponding at the eastern end of the estate where existing open drains cannot direct the water away due to the topography of the land. It will also consider future works to the existing Melbourne Water drain to the west of the estate and also opportunities to undertake water quality works both within the estate as part of any future road and drainage improvements in the area as well as around the existing water way and retardation basin.
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Ability to pay the estimated charge for this project. A high proportion of property owners wrote that they simply could not afford it so could not offer their true support. Currently there are no property owners receiving financial support for their general rate payments to Council. Council has a Debt Management Policy that incorporates Financial Hardship considerations. Any landowner may apply for financial hardship and shall be assessed based on the criteria within this policy. The policy allows for those property owners who simply do not have the disposable income available to be able to contribute towards a road and drainage project, to enter into more flexible repayment options. The Local Government Act also makes provision for Council to determine the payment options for a scheme that best suits the project. It requires as a minimum that Council offer: • payment by lump sum, minimum 28 days or • payment plan, with quarterly repayments over a minimum period of four years Based on the responses received from the first questionnaire, Council’s Finance team has concluded that, on closer inspection, a proportion of these property owners may be eligible for assistance under Council’s Debt Management Policy. It is therefore considered that there would be great value in contacting these property owners individually to discuss ideas for how the payment for the works could possibly be structured. Confirmation of their financial situation and potentially immediate inclusion onto the program could also be discussed. This would help to minimise the financial impacts to property owners. By safeguarding these owners financially, their decision to support or not to support a proposed road and drainage upgrade could be based on its merits rather than their capacity to pay. Further consultation surrounding a property owner’s ability to pay will enable Council to design payment options and terms. This will help to mitigate the financial impacts to those that have already expressed that they may not have the ability to or will find it difficult to contribute towards the works. This may also lead to an increased level of support for the project. Unable to make an informed decision as there was not enough information provided. Again there were a number of responses which either stated outright there was not enough information or expressed concerns that it was unclear what may or may not be included. There were also a number of respondents that felt they were unable to offer support for the project as there was not enough information provided on the payment options. Further consultation following the preparation of the concept plan would enable property owners to make a more informed decision. The various payment terms could also be raised at the community information sessions to gain feedback from those people who wish to discuss the proposal in detail.
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Council/VicRoads should pay There were respondents who believe that Council (which means all ratepayers) should pay for the road and drainage improvements through their general rates. However, this would create an unequitable situation. When a landowner purchases a land or property in a new subdivision, the basic infrastructure has been paid for in the purchase price of the land. This would mean even though these landowners have already paid for their own infrastructure, they are being asked to contribute through their rates for other estate upgrades. This is also a similar situation for the approximately 2900 landowners that have contributed to upgrades through special charge schemes for their own estates, Council current policy adopts a “user pays” system. This ensures a fairer system and other ratepayers who will receive no benefit from the potential upgrades would not be required to pay for it, even indirectly. Under the Local Government Act, Councils have the ability to charge a special rate or charge for infrastructure improvements either under the Private Street Scheme and Drainage Scheme provisions of the 1956 Act or under the Special Rate or Charge provisions under the 1989 Act. This is recognition that Councils would not have the financial capacity to carry out and fully fund these types of works. The Ministerial Guidelines require Council officers to ensure that the distribution of costs is “fair and equitable” to all property owners. Dust Suppression and Council to pay for drainage Whilst Council has no statutory obligation to improve road and drainage infrastructure, the upgrade of road and drainage infrastructure across the Shire, goes towards achieving the primary and facilitating objective of a Council under the Local Government Act 1989. As stated previously, Council is no longer undertaking a Dust Suppression Program as it does not offer the best value for money in the long term. All property owners received information outlining in relation to dust suppression. In relation to Council paying for the installation of drainage, Council has in the past undertaken a considerable number of drainage infrastructure projects and there has been a contribution from the owners benefiting from these works. These projects have been undertaken either separately or together with road improvements. There has also been a previous drainage scheme for the provision of drainage protection in Smiths Beach estate whereby the owners in Sunset Strip also contributed to the costs of the works. Property owners cannot be levied for the same works again. As there have been no concept plans developed, it remains unclear what impact if any this previous charge will have on the costs under any future road and drainage improvement projects. The drainage strategy once completed will also identify potential external funding alternatives based on the types of works to be implemented. However like all funding applications, there are no guarantees that a funding application would be successful.
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Want it to Happen Whilst not as vocal as those property owners who do not wish to pay for any improvements, there are a substantial number of property owners who wish for the works to proceed. Most of these property owners have lived in the area for some time and are aware that these types of improvements were first considered prior to Council amalgamations in 1995. These members of the Sunset Strip community want a resolution to the ongoing dust and drainage problems as well as the implementation of traffic safety improvements such as slow points and landscaping enhancements in their area. As the results of this questionnaire have indicated, the majority of respondents in Sunset Strip feel that there is a need to undertake some infrastructure improvements particularly to address the drainage problems in the area. Relevant/Associated Projects There other relevant associated projects that are running concurrently with the works already being undertaken for the potential road and drainage upgrade project in Sunset Strip. The other related project is the Phillip Island Integrated Transport Study (PIITS). The Sunset Strip Estate is situated on a critical arterial intersection. One of these projects is the preparation of a high level traffic study for the Sunset Strip Estate which will complement the works already being undertaken on Phillip Island Road and Back Beach Road. This project is now complete. A copy of the report is provided as Attachment 4. Projects on the intersections that link to Sunset Strip Estate to the arterial roads would need to be assessed against the Phillip Island Integrated Transport Plan. Traffic Management Services Team will refer these to the PIITS Community Reference Group and ensure the PIITS Working Group review this traffic study in line with the Phillip Island Integrated Transport Plan. The second is the drainage strategy and action plan for the Sunset Strip and Smiths Beach Estates. This project is nearing completion and will be the subject of a further Council report. Whilst these two projects have been undertaken concurrently with the consultation being undertaken for the road and drainage improvement project, they are stand- alone documents in their own right. They will continue to provide future strategic direction for traffic management in the area and for stormwater management over the whole of this catchment area. They will also be used to assist in the formulation of future capital works projects that are not included in the road and drainage project. In addition, both of the above documents will provide clear direction and solutions to address, not only the broader issues, but to also look at the various issues raised in the community forums. Both of these documents will also be used as supporting information for external funding applications.
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Strategic Basis The Local Government Act 1989 The Act sets out the objectives of Councils. Section 3C of this Act states that: “ the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of its decisions and in doing so must have regard to the facilitating objective to improve the overall quality of life of people in the local community.” Bass Coast Planning Scheme Prior to the implementation of the Town Planning Act ( circa 1970), Council’s had no way of requiring developers to consider the social, environmental and cultural wellbeing of a community as part of proposed development. This meant there were a large number of residential areas throughout Victoria which do not meet the most basic of requirements under today’s planning schemes. Under the current Bass Coast Council’s Planning Scheme, there are a number of key objectives each new development needs to achieve prior to it being approved. These objectives are around social, environmental and liveability of an area. The Council Plan 2013-2017 The Council Plan 2013-2017, adopted by Council at its 19 June 2013 ordinary meeting, outlines its key strategic objectives by which it intends to address the key objectives in the planning scheme. The Council Plan includes a Strategic Objective regarding Sustainable Development and Growth. This objective is underpinned by the strategy that Council will: “Provide infrastructure and facilities that are well managed, affordable and are suitable for the communities need.” The Council Plan also has Principles which apply to this policy • The social, environmental and economic priorities of the Shire benefit both current and future generations • Equity in the distribution of resources across the Shire • Transparent evidence-based and inclusive decision making • The provision and use of energy and resources will be promoted in an efficient and sustainable way In order to achieve this strategic objective and principles, Council has a number of existing strategies, plans and policies to manage our resources effectively, whilst providing and improving infrastructure within the Shire. These existing strategies, plans and policies include the existing Urban Streets Improvement Policy. Asset Management Policy Council’s Asset Management Policy outlines that Council’s goals with respect to the way in which it manages infrastructure includes: • taking a forward-looking, long-term and ‘whole of life’ view to the provision and management of infrastructure for service delivery
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• understanding and taking into account community expectations in all significant decisions affecting infrastructure The review of this policy, in line with the Asset Management Policy, aims to ensure that the long-term and ‘whole of life’ costs of the infrastructure, included as part of these upgrade projects, minimises the impact to Council’s renewal and maintenance demands. The goal of the Asset Management Policy is to ensure infrastructure decisions made today will not leave a significant cost burden on future communities to fund the high maintenance and renewal costs of inappropriate infrastructure. Current Urban Streets Improvement Policy The existing Urban Streets Improvement Policy states that: • Council be committed to upgrade and maintain all the urban streets to a sealed status • Council be committed to provide drainage to all unserviced urban subdivisions in the Shire Whilst Council has no statutory obligation to improve local road and drainage infrastructure, the upgrade of road and drainage infrastructure across the Shire, goes towards achieving the primary and facilitating objective of a Council under the Local Government Act 1989. The primary aim of the revised Urban Road and Drainage Improvement Policy is to provide a policy framework to improve the overall quality of life for citizens that live within areas across the Shire that have little or no road and drainage infrastructure. The existing policy highlights Council’s commitment to improving infrastructure for residents and ratepayers within urban areas. The Bass Coast Shire Roads Services Asset Management Plan 2014 (RSAMP) The RSAMP provides community service levels. The proposed project aligns with the five community service levels: Accessibility; road condition, access is maintained, minimise environmental impacts loss of road material, whole of life costs considered in balance of the service standard. Connectivity; pathway condition, safe paths, links to open space and public transport; whole of life costs considered in balance of the service standard; consideration of people with special needs. Drainage Control; protect the environment, control surface water, improved performance. Amenity; deliver urban streetscape responsibly, protect the environment, control vegetation, improved performance. Community Health; Safe and consistent road conditions, separation of road users, minimise environmental impacts. The opportunity Council provides to property owners to consider road and drainage upgrades confirms Council’s commitment to improve and or comply with the stated community service levels. This would also deliver on Council’s commitment to improve the liveability, township character and both the built and natural environment for residents and ratepayers within the Shire’s urban areas.
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In addition to the above strategies and policies, the other important plan relating to the Sunset Strip Area is the Phillip Island South Coast Communities – Community Plan. The Community Plan documents the likes, concerns and needs, of local communities. It also details action plans for projects that community members have chosen to work on to help address the issues identified. The information documented in the Community Plan also provides a valuable resource for Council and other agencies as they seek to develop their own plans and strategies in a manner that is relevant to the needs of local communities. A complete copy of this community plan is included as Attachment 5. This plan was created in 2010, following extensive community consultation with the four communities that make up the Phillip Island South Coast – Sunset Strip, Smiths Beach, Sunderland Bay and Surf Beach. The development of this community plan involved surveying 1835 households and resulted in 203 households taking part in the consultation for this plan. The top five categories in the Community Plan identified as “problems and issues” in these estates included road condition and drainage. In addition the lack of path ways were also seen as an “issue” for the community. The top two categories identified as “needs” for their local area were Pathways and Roads. The “need” for improved drainage was also highlighted.
Finances As part of the Capital Works Program for the 2013/2014 financial year, Council had allocated a budget of $92,000 for the preliminary works associated with the development of a road and drainage upgrade project for the Sunset Strip area. Financial Year Budget External Actual Budget Amount Funding Current Remaining Expenditure 2013/2014 $92,000 $25,000 $67,000* 2014/2015 Traffic Study $18,000 $0 $18,000 $0 Drainage strategy $60,000 $60,000 $41,000 $19,000 Consultation/surveys $37,000 $0 $24,000 $13,000
Total $207,000 $60,000 $108,000 $32,000
The estimated additional expenditure required by Council within the 2014/2015 financial year, includes all staff time and oncosts, to undertake the development of a concept design, cost estimates and further community consultation for the Sunset Strip area within the 2014/2015 financial year is detailed below.
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Item Estimated Additional Expenditure Traffic Study $0*
# Drainage Study $0 Concept Design and Estimating $42,000 Community Consultation $12,000 Landscape and Urban Design $15,000
Total $69,000 * Traffic Study completed, therefore no additional expenditure is required # Drainage Strategy expenditure funded through $60,000 Living Rivers Program Funding through Melbourne Water
Should Council resolve to proceed with the planning phase of the proposed road and drainage upgrade for the Sunset Strip estate, it is expected that there would not be sufficient funds remaining in the 2014/2015 allocation. These additional funds would need to be considered as part of the next budget review, as the funds from 2013/14 have not been carried over.
Stakeholders There are various stakeholders that would need to be considered as part of any potential road and drainage upgrade in the Sunset Strip estate. Potentially there are approximately 346 properties which may get a direct benefit from a potential road and drainage upgrade in the Sunset Strip estate. Other stakeholders include: • property owners in the area that may get a benefit but indirectly • other ratepayers of Bass Coast Shire • visitors to the area • Phillip Island South Coast Communities Group • Bass Coast Shire Council • Melbourne Water • Vic Roads As outlined above Council undertook community sessions with all property owners that may be potentially affected by a potential road and drainage upgrade. A further questionnaire was sent to the same property owners asking a number of questions including whether they would be willing to contribute towards a potential road and drainage upgrade. Informal discussions between Council Officers and the Phillip Island South Coast Communities Group have provided this group with information on the process as it is being carried out. Bass Coast Shire Council Page 99 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
A community forum was undertaken by the Roads Working Group (Phillip Island and San Remo) with Council officers invited to attend to answer questions, as required. If Council resolves to proceed with the development of a concept plan and detailed cost estimates, there will be a number of further opportunities for property owners to be involved in the planning phase of the project. These are: • at the completion of a draft concept plan, one on one community information sessions will be conducted with all property owners who wish to discuss the project in detail including potential financial implications • an opportunity to provide feedback on possible repayment options Council officers, together with the drainage strategy consultant, have had discussions with Melbourne Water representatives during the preparation of the drainage strategy to enable their objectives to be met. It will increase the opportunity for further funding to implement some of the proposed actions resulting from the strategy. Proposed actions will include opportunities to improve the retention basin within the Sunset Strip Melbourne Water waterway, as highlighted in the community plan. A report outlining this drainage strategy will be presented to Council at a later date. The traffic study consultant has held discussions with VicRoads regarding potential improvements to the access into and out of the Sunset Strip estate and improvements to pedestrian facilities at the existing bus stops adjacent to the estate. They have also discussed potential speed limit reductions in the area and what works VicRoads would require to approve a reduced speed limit application. This is in direct response to the issues raised by the community in the Community Plan, as well as the community sessions held with Sunset Strip property owners in March 2014.
Statutory Requirements/Codes/Standards/Policies The Local Government Act 1989 and the Road Management Act 2004 set out the statutory obligations that Council has in respect of local roads within the municipality. Section 40 (1) of the Road Management Act 2004 states that a road authority, in this case Council, has a statutory duty to inspect, maintain and repair public roads. However, Section 40 (2) states that the statutory duty imposed by sub-section (1) does not create a duty to upgrade a road or to maintain a road to a higher standard than the standard to which the road is constructed. In accordance with these sections of the Road Management Act 2004 there is no statutory obligation for Council to upgrade infrastructure within the Sunset Strip area. The Local Government Act 1989 sets out the objectives of Councils. Section 3C of this Act states that: “ the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of its decisions and in doing so must have regard to the facilitating objective to improve the overall quality of life of people in the local community.”
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Whilst Council has no statutory obligation to improve local road and drainage infrastructure, the upgrade of road and drainage infrastructure within the Sunset Strip area, goes towards achieving the primary and facilitating objective of Council. This is by improving the overall quality of life for citizens who live within the Sunset Strip area. In addition to this, the improvements to road and drainage within Sunset Strip would then ensure that liveability in the area is improved long term, because once the upgrade has occurred Council will have a statutory obligation to ensure that the upgraded local roads and drainage are inspected, maintained and repaired to the equivalent standard to that which is delivered as part of any road and drainage improvement project. In addition to the primary and facilitating objective of Council as per the Local Government Act 1989, the importance of improving the quality of life for the local community is recognised by Council in its Urban Streets Improvement Policy which states: • Council is committed to upgrade and maintain all the urban streets to a sealed status • Council is committed to providing drainage to all unserviced urban subdivisions in the Shire The implementation of this project would demonstrate Council’s commitment to continue to improve the long term liveability of its ratepayers.
Other Options Do not proceed The potential road and drainage upgrade in Sunset Strip estate has been listed on Council’s 10 year program and posted on Council’s website for the past few years. The former Shire of Phillip Island was potentially looking at a proposed upgrade, around the time of Council amalgamations, in 1996 and long term property owners have contacted Council through various avenues trying to raise its priority up the list. Council’s current policy indicates its commitment to upgrading road and drainage infrastructure in urban areas throughout the Shire. The Phillip Island South Coast Communities – Community Plan clearly identifies the lack of appropriate road, pathways and drainage infrastructure as a major concern in this community. It is also clear from the information provided at the community forums and through anecdotal evidence by Council’s maintenance staff there are a broad range of drainage issues in the Sunset Strip estate. These issues could only be resolved through works that would be undertaken as part of a road and drainage upgrade. The works would include the provision of appropriate underground drainage which would collect stormwater from both properties and the roads and direct it into an underground drainage system. This would eliminate water flowing through properties from adjacent properties as well as off road ways. Sealing of the roads within the estate would in turn improve the water quality in the receiving waterways as it would no longer be subject to inflows of silts and gravels during storm events.
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Additional water quality treatments identified within the drainage strategy will also contribute to the overall improvements to the receiving waterway and in turn Bass Strait. To abandon a potential road and drainage upgrade at this stage would not be consistent with current Council policy. It would leave a large number of property owners experiencing inundation at frequent intervals in the future. It is also likely with the residential development increasing in this estate, these drainage issues will only get worse in the long term. As the condition of the existing dust suppression seals in the estate continues to deteriorate, the likelihood of the dust suppression roads being returned to their previously unconstructed state in the next few years increases. It will therefore become even more important for the road and drainage upgrade to be implemented. For the reasons outlined above it is not recommended that Council resolve to abandon the project at this stage. Continue the planning and development phase The second option is to continue to the next step of a potential road and drainage improvement project for Sunset Strip. The planning stage of an improvement project includes the preparation of concept plans, cost estimates and the distribution of the costs for each property owner as part of the ongoing consultation.
Officer’s Conclusion and Recommendation Council officers having considered all of the data in conjunction with the various Council policies and objectives have made their recommendation for the following reasons. At the community sessions held in March 2014, over 60 issues were raised or highlighted by the community and were either specific or widespread across the Estate. Most of the issues highlighted by the community at the sessions can only be addressed through an upgrade of roads, pathways and drainage throughout the estate. The questionnaire and accompanying letter, which was sent to property owners within the Sunset Strip area; included an estimate of costs between $14,000 and $15,000 based on the following previous special charge schemes: • South Dudley Estate, South Dudley • Pine Avenue and Churchill Drive Area, Cowes. Each property owner within the Sunset Strip area had the opportunity to express their position on four questions including whether they would be prepared to contribute towards the costs of the road and drainage improvements, in the order of costs based on the estimates provided. The development of concept options, more indicative cost estimates and the development of the likely payment terms, through active consultation with property owners, would provide some landowners with information in which to come to a decision.
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Preparation of concept plans and cost estimates If Council is to resolve to proceed with the next step of a proposed road and drainage upgrade project for Sunset Strip, the timeframe for these types of projects can take as long as four years to complete. The planning of an improvement project includes the preparation of concept plans on three alternatives; cost estimates, and the distribution of the costs for each property owner. It is anticipated concept plans would be prepared for three alternatives: 1. Underground drainage across the whole estate 2. Road infrastructure improvements for the higher trafficked roads plus underground drainage 3. Road and drainage infrastructure for the whole of the estate. There are a number of advantages and disadvantages to any of the three alternatives. Some of these were outlined in the report presented to Council at its 17 September 2014 meeting. Any concept plans would be prepared based on the outcomes from the traffic strategy and local area traffic management plan now complete, as well as the outcomes of the drainage strategy. They would consider the comments from the community as part of the community sessions. Based on the comments received it is considered that a draft landscape plan also be prepared which will offer property owners an idea of what the streetscape may look like as part of any road and drainage upgrade. This will directly address the views raised by some in the area that the amenity will be adversely impacted. The development of landscape plans and drawings will provide property owners with adequate information on how a possible upgrade will improve the amenity and be sympathetic to the existing character of the area. As a result of the options that would be prepared as part of the traffic study, the installation of traffic calming devices could also: • increase the area available for landscaping • offer potential areas for stormwater harvesting and treatment • provide a low speed environment which allows for the roads to be utilised as shared space. Once these concept plans and detailed costs have been prepared, a further report would be presented to Council outlining these options together with the cost implications for both Council and the community. This would include identification of any funding and grant opportunities. Potential repayment options would also be included. It is anticipated that Council will resolve which of the alternatives they wish to present to the property owners of Sunset Strip. Following this decision a further opportunity for property owners to comment would be provided through further consultation seeking feedback on the options. Once the results of this consultation have been collated, a final option would be presented to Council for adoption and thus refined detailed cost estimates for the proposal calculated.
Bass Coast Shire Council Page 103 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
These types of projects reaffirm Council’s commitment to its key objectives in the Council Plan and recognises that this policy also reaffirms Council’s vision within the Municipal Strategic Statement, Particularly the provision of:- • A high quality built environment enhancing the natural environment and landscape values • Effective and efficient road, pedestrian cycling and drainage networks provided throughout the Shire • Improved quality of water and the surrounding catchment environment The process for these types of projects is lengthy and generally becomes an emotional one. It is sometimes difficult to separate out the emotive issues from those which are about the actual road and drainage improvements. Generally the emotive issues stem from their genuine concerns about their ability to pay. With the adoption of suitable repayment options, current property owners can have a level of confidence that any potential road and drainage improvements can be undertaken to improve their living conditions without creating a considerable financial burden on their current lifestyle. These types of projects are promoted to consider not only the short term impacts but also the future liveability of an area as it continues to develop and change. As one younger member of the community outlined at the community forum, it is their generation that will be directly impacted if the infrastructure improvements to ensure their liveability and that of their families do not proceed. If Council does not progress to the next step of this project, a large number of property owners will continue to experience inundation at frequent intervals in the future. It is also likely with the residential development increasing in this estate, these drainage issues will only get worse in the long term. The majority of traffic and drainage issues raised as part of the community sessions cannot be resolved without proceeding with the proposed road and drainage upgrades in the estate. With the likelihood of the dust suppression roads being returned to their previously unconstructed state in the next few years, due to their deteriorating condition, it will become more important for the road and drainage upgrade to be implemented. It should also be noted that should this project move to the next stage and commence the preparation of concept plans, it would not impact on Council Officers being able to commence the next potential road and drainage improvement project in Pioneer Bay. These projects being in different stages of development can be carried out concurrently. It is on this basis that it is recommended that Council proceed to the development of concept plans, cost estimates and potential repayment options.
Bass Coast Shire Council Page 104 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Recommendation That: 1. Council proceeds to the planning phase, which shall include the preparation of concept plans, cost estimates and a distribution of costs, for a potential road and drainage upgrade project for Sunset Strip estate. These plans will consider three alternatives:- a. The provision of drainage only b. The provision of drainage plus the inclusion of road improvements within the higher trafficked roads including Sunset Drive, Panorama Drive, Bermagui Crescent, Happy Valley Road, Service Road Back Beach Rd and Service Road Phillip Island Road. c. The provision of drainage plus road improvements for all streets within Sunset Strip estate 2. these concept plans to be presented back to Council for consideration.
Attachments AT- Copies of letters and information sheets to property owners 10 1 Pages AT- Copy of second questionnaire 1 Page 2 AT- CONFIDENTIAL - Summary of questionnaires and comments 14 3 received Pages AT- Sunset Strip Traffic Study and Local Area Traffic Management Plan 81 4 Pages AT- South Coast Communities Community Plan 28 5 Pages
Council Decision Moved: Cr. Bradley Drew / Seconded: Cr. Phil Wright That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 105 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.8 Local Road Safety Improvement Program
File No: CM15/44 Department: Infrastructure Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Declaration The author has no direct or indirect interests in relation to this report other than as a user of the local road network.
Summary This report seeks Council approval for a proposed methodology for the assessment and prioritisation of sites under Council’s Local Road Safety Improvement Program. This Local Road Safety Improvement Program initiative was adopted and funded by Council through its adoption of the Road Services Asset Management Plan at its Ordinary Meeting of 21 May 2014. It is recommended That Council adopts the Local Road Safety Improvement Program assessment matrix and process.
Background This report provides an update on work that has been undertaken to develop a methodology for assessing and prioritising potential works under Council’s Local Road Safety Improvement Program. It also outlines an initial draft 10 year program, noting that potential work sites will be regularly re-assessed to take account of changes in traffic flows, demographic changes, reported traffic incidents, and other relevant factors. Council endorsed the Road Services Asset Management Plan 2014 (RSAMP 2014) at its Ordinary Meeting on 21 May 2014. The Roads asset group contains pathways, sealed pavement, unsealed pavement, kerb, street furniture, bridges and major culverts. RSAMP 2014 sets out how the road asset group will be managed through to 2023. During the development of RSAMP 2014, feedback was received from the community and other stakeholders regarding potential improvements to the road network. Within the plan, funding is allocated to the Local Road Safety Improvement Program, the methodology for selecting potential work sites under this program is the subject of this report. It should be noted that this program represents additional money over and above Council’s other funding for the road asset group, and external funding sources such as VicRoads’ Blackspot program and the Commonwealth Government’s Roads to Recovery program.
Bass Coast Shire Council Page 106 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
It should also be noted that this program is specifically for Council’s own local road network. No local roads with intersecting VicRoads managed roads have been included among the sites for consideration, as the intersections are managed by VicRoads. Council does not have jurisdiction at these intersections. As illustrated by the matrix at Attachment AT-1, the methodology for assessing potential sites under the Local Road Safety Improvement Program is a combination of Council’s existing, robust Risk Assessment Matrix involving an assessment of Frequency and Consequence, with additional consideration of Road Factors such as: • Road alignment • Traffic volume (vehicles, pedestrians and cyclists) • Road signage • Line marking and delineation • Pavement • Speed limit(s) • Sight distance. This assessment process sets a score for each potential site, allowing it to be compared and ranked against all other potential sites across the Shire, allowing for a balanced consideration of all relevant factors, providing a sound basis for prioritisation. Twenty nine sites were identified as warranting consideration under the Local Road Safety Improvement Program. The sites were identified through a combination of consultation with emergency service agencies and community road safety groups, issues identified through inspections, and customer requests. All of the identified sites were inspected, assessed and scored by Council’s traffic engineering staff. The outcome of this assessment and prioritisation process is shown in Attachment AT-2 which shows the projects identified for consideration in the Council Budget for 2015-16, and a projection based on the current priority list for a further 9 years It should be noted that the priority list may be subject to change if other emergent issues arise, however the purpose of this report is to adopt a sound methodology for prioritisation.
Strategic Basis Council Plan Principle - Transparent evidence-based and inclusive decision making. RSAMP 2014 was prepared to manage the local road network and focus on the community service levels of Accessibility and Community Health. The Local Road Safety Improvement Program is a key part of meeting Council Plan strategies, including the provision of infrastructure and facilities that are well managed, environmentally sustainable and are suitable for the community’s needs.
Finances In adopting RSAMP 2014 at its Ordinary Meeting on 21 May 2014 Council endorsed the creation of a Local Road Safety Improvement Program, with funding of $50,000 to be included in the Council budget for 2015-16, and $100,000 per annum thereafter.
Bass Coast Shire Council Page 107 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Stakeholders Bass Coast Shire Council residents and ratepayers, public transport providers, transport companies, emergency services, and other users of the Shire’s local road network who might live and/or work elsewhere all have a stake in the safety of our local road network.
Statutory Requirements/Codes/Standards/Policies Councils in Victoria have a wide range of powers over roads and traffic under various Acts and Regulations. In the context of this program, the key legislative powers are available to Council through the Road Management Act 2004 and the Local Government Act 1989. The adoption of this methodology will ensure that Council is investing its road safety dollars in a strategic way addressing the highest risk priority sites first. It will link to the adopted capital investment framework, and is consistent with Council’s asset management policy.
Other Options Council has already committed to the creation and funding of the Local Road Safety Improvement Program through its adoption of RSAMP 2014 on 21 May 2014. The only element of this Program still to be determined is a method for establishing priority.
Officer’s Conclusion and Recommendation In the past, Council’s funding of small scale local road network improvements has tended to be reactive – dependent on accidents and near misses, or expressions of community concern. This program provides an opportunity to proactively identify sites within the network and use a dedicated funding stream to upgrade them to increase safety at a reasonable cost. The 29 sites identified in the first round of this program are just the beginning. As other sites are identified in the future, they will be included in the following year’s inspection, assessment and prioritisation process so their place in the priority list will be fully assessed on the same basis as all other potential sites across the Shire.
Recommendation That Council adopts the Local Road Safety Improvement Program assessment matrix and process.
Attachments AT-1 Assessment matrix 1 Page AT-2 Proposed budget allocations 2 Pages
Bass Coast Shire Council Page 108 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Andrew Phillips That Council defers the decision to adopt the Local Road Safety Improvement Program assessment matrix and process to allow Council Officers to: 1. re-assess the list of priorities to: a. prioritise the vehicle-safety related projects against like projects; and b. prioritise the pedestrian-safety related projects against like projects. 2. Develop a revised program that reflects the re-assessed list of priorities. 3. Present the revised program at the March Council meeting for adoption. CARRIED
Bass Coast Shire Council Page 109 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.9 Victorian Charter for Child Friendly Cities and Communities
File No: CM15/10 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council has received correspondence from the Victorian Local Governance Association (VLGA) requesting endorsement for the Victorian Charter for Child Friendly Cities and Communities (the Charter). Council adopted the Education Plan 2013-2017 on February 19, 2014. This Plan has three core strategies – Early Years, Pathways and Advocacy and Economic and Aspirations, each with a series of actions. One of the Early Years strategy actions for Year One is the investigation of Bass Coast becoming a child and family friendly shire (e.g. UNICEF). This request from VLGA is consistent with an action which Council has previously adopted. This report recommends Council’s endorsement of the Charter.
Background The Victorian Charter for Child Friendly Cities and Communities was launched in October 2013 by Bernie Geary, the Victorian Children’s Commissioner. This is an initiative of the VLGA and the Victorian Child Friendly Cities Network. The Charter is consistent with state, national and international protocols and embraces rights that are embedded in the Convention of the Rights of the Child (1990), the Chiba Declaration for a Child Friendly Asia Pacific (2009), UNICEF’s Building Blocks for Developing a Child Friendly City (2004) and the Victorian Human Rights and Responsibilities Charter 2006. The Charter (AT-1) has three principles which are linked to UNICEF’s Child Friendly Cities: • Freedom for children to experience environments that meet their needs • Respect and dignity for children to express their individual opinions, participate in and contribute to decisions about their communities and their wellbeing • Equitable access to supportive environments and services for children regardless of gender, ethnicity, religion or ability. The Charter is supported by a Tool Kit (AT-1) which was developed by a Working Group consisting of members from: • City of Ballarat • City of Casey • Cardinia Shire Council
Bass Coast Shire Council Page 110 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
• Maribyrnong City Council • Merri Community Health Services • Moreland City Council • City of Port Phillip • City of Whittlesea • City of Wodonga • Wyndham City Council • Maroondah City Council The Tool Kit also has suggested actions for Councils that endorse the Charter. These include: • Build relationships with school and early childhood centres • Introduce an annual award for children in the community who have demonstrated excellent leadership, • Conduct annual workshops encouraging children leadership and participation in Council decision making processes Council is already engaged in activities which demonstrate these principles. Other actions suggested are publicity, the display of the Charter in Council buildings, recording child specific needs and establishing a committee to focus on the specific needs of children. Community workshops were held during the development of the Council Education Plan 2013-2017 which included early years’ service providers. The action to investigate a framework for a child friendly shire came out of one of these discussions. Participants were keen for Bass Coast to become accredited under the UNICEF Child Friendly Cities banner similar to the City of Greater Bendigo. This is one of the early actions in the Education Plan.
Strategic Basis These Council Plan Principles • The social, environmental and economic priorities of the Shire benefit both current and future generations. • Equity in the distribution of resources across the Shire. • Transparent evidence-based and inclusive decision making will be supported through endorsing the Charter. The Education Plan 2013-2017 was formally adopted at the Council meeting on February 19 2014. It has three core strategies – Early Years, Pathways and Advocacy and Economic and Aspirations. There are actions identified for each strategy for the first year. One of these is: Conduct an environmental scan of early years services to identify gaps/opportunities and investigate and develop a framework for being a child and family friendly shire (e.g. UNICEF)
Bass Coast Shire Council Page 111 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Finances There are no financial implications should Council endorse the Charter.
Stakeholders Families and children in Bass Coast along with service providers and planners will be able to use the Tool kit associated with the Charter.
Statutory Requirements/Codes/Standards/Policies Nil
Other Options Council has already adopted the Education Plan 2013-2017 signalling the intent to investigate child friendly spaces so this endorsement is entirely consistent.
Officer’s Conclusion and Recommendation The request to endorse the Victorian Child Friendly Cities and Communities Charter is quite timely as this complements Council’s intentions as expressed in the adopted Education Plan 2013-2014.
Recommendation That Council: 1. endorses the Victorian Child Friendly Cities and Communities Charter; 2. notifies the Victorian Local Governance Association of the endorsement.
Attachments AT-1 Victorian Charter for Child Friendly Cities and Communities 18 Pages
Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Neil Rankine That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 112 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.10 Appointment to Domestic Animal Management Advisory Committee - Community Representative
File No: CM15/11 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Previous Items: SR11/14 - Domestic Animal Management Advisory Committee - Terms of Reference - Council - 21 May 2014 SR12/14 - Appointment of Domestic Animal Management Advisory Committee - Community Representatives - Council - 25 June 2014
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council appointed the nine community representatives to the Domestic Animal Management Advisory Committee in June 2014, for a period of two years. One of the Phillip Island representatives, Anne Grose, resigned from the Committee on 21 July 2014. An advertisement for a replacement community representative did not initially attract any interest however Miriam Kershaw has now nominated to represent the Phillip Island community. It is recommended that Council appoints Miriam Kershaw as a Phillip Island community representative on the Domestic Animal Management Advisory Committee until June 2016.
Background Council has a number of advisory committees that provide strategic advice in relation to the development of policies and strategies. It is a requirement under the Domestic Animals Act 1994 (Act) that all Councils develop a Domestic Animal Management Plan (Plan) which will provide a direction for the provision of animal management services in the municipality and promote responsible pet ownership. The Plan was adopted in 2012. One of its key actions was to establish a Domestic Animal Management Advisory Committee (DAMAC) with the purpose of encouraging a holistic approach to animal management across the municipality. A Committee was established in 2013 and undertook significant work on the establishment of off leash areas in Inverloch for 2013/2014. Revised Terms of Reference for DAMAC were considered by Council at its meeting of 16 April 2014 and the final Terms of Reference (AT-1) were endorsed, following community input, at its meeting of 21 May 2014.
Bass Coast Shire Council Page 113 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The purpose of the Committee is to advise Council in direct relation to Council’s Domestic Animal Management Plan 2012-16. The Committee’s responsibilities are: • To act as an advisory group to Council. • Assist to implement the actions from the Domestic Animal Management Plan 2012-17. • By working together with the community, develop needs based workable outcomes. • Present a positive view on animal management and its perception in the community. The Committee includes a total of 11 people, with additional people able to join subcommittees based on their area of interest or location. There is a maximum of one representative from any particular interest group and the interest group is to endorse that representative. Membership comprises the following: • Chair (Mayor of Bass Coast Shire Council) (Alternate, Deputy Mayor) • Secretary (an Officer of Bass Coast Shire Council – non-voting) • 3 representatives from Phillip Island • 3 representatives from the Waterline Area (Jam Jerrup to Bass Landing and inland surrounds) • 3 representatives from the remaining area (Wonthaggi surrounds) (San Remo to Pound Creek and inland surrounds)
Strategic Basis A Strategic Objective in the Bass Coast Shire Council Plan 2013 - 2017 relates to Healthy Communities within Bass Coast. Two of the key strategies listed to achieve this objective are to ‘foster wellness in a supportive inclusive healthy and active community’ and ‘improve the opportunity to enjoy our recreational and open spaces’.
Finances No financial impact.
Stakeholders Residents, ratepayers, visitors, domestic animal owners, business sector.
Statutory Requirements/Codes/Standards/Policies The Act requires Council to prepare a Domestic Animal Management Plan. One of the actions of the Plan was to establish a Domestic Animal Management Advisory Committee.
Other Options Council has the option to make appointments to the Committee other than those recommended.
Bass Coast Shire Council Page 114 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Officer’s Comments/Conclusion The application has been considered and the applicant is deemed as having the appropriate skills and experience to undertake their role as a Committee Member.
Recommendation That Council appoints Miriam Kershaw as a Phillip Island community representative on the Domestic Animal Management Advisory Committee until June 2016.
Attachments AT-1 2014 05 19 DAMAC Terms of Reference Adopted 4 Pages
Council Decision Moved: Cr. Clare Le Serve / Seconded: Cr. Phil Wright That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 115 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.11 Adoption of Arts and Culture Plan 2015 - 2019
File No: CM14/1292 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Previous Items: SR6/14 - Adoption of Arts and Culture Plan 2015 - 2019 - Council - 19 November 2014
Declaration The author has no direct or indirect interests in relation to this report.
Summary At its Ordinary Meeting on 19 November 2014 Council resolved: “That Council defer consideration of the Arts and Culture Plan 2015-2019 until February 2015, to enable further consideration of comments received through the latest round of consultation. “ The Arts and Culture Plan 2015–2019 (Plan) is a strategic document which will assist Council in defining its priorities for the development of facilities, activities and opportunities throughout the next four years. This Plan has been developed with extensive community consultation, current sector information, research and statistics and has been refined and adapted over the past year taking into account the advice from stakeholders to create a document that: • facilitates, enables and supports place based arts and cultural events and activities • expands participation and artistic and cultural expression in arts and cultural activities; and • links artists, audience and community. The draft Plan was advertised for community comment from 12 September until 22 October 2014 and has been revised taking into account the feedback received. This report recommends the adoption of the Arts and Culture Plan 2015-2019 (AT- 1).
Background Council recognises the value and importance of arts and culture in our local community. Arts and culture link people together through shared activities, creating stronger communities and connections to the place in which we live. Arts and culture in Bass Coast includes, but is not limited to – • exhibitions, cultural tourism opportunities e.g. studio tours, festivals, theatre, films and arts events
Bass Coast Shire Council Page 116 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
• facilities, of which Council is the main provider as the majority of the facilities are community venues such as the Cowes Cultural Centre, Wonthaggi Union Community Arts Centre and community halls • library services • public art - both community and privately owned • heritage and cultural recognition e.g. significant sites, trails, museums, publications, celebrations • community arts and culture organisations and individual artists and performers The Plan sets out objectives and actions that aim to support diverse arts and culture organisations, practices, places and access, to encourage greater vibrancy in the community space and to promote opportunities for creative celebration, participation and thought across Bass Coast. Underpinning the Plan’s Objectives and Actions are six Principles. These reflect the community feedback and research undertaken to develop this Plan: • Promotion and Activity • Leadership and Commitment • Cultural Places and Spaces • Public Art and Acquisitions • Cultural and Heritage Identity • Economic Prosperity The Plan includes research and study undertaken and lists the stakeholders involved in consultation. There is an appendix which summarises statistics relating to arts and culture activity in Bass Coast and the results of the Plan consultation survey conducted in May 2013. Measures are included against each of the actions in the Action Plan. These will be reported against annually and will support a Plan review scheduled for 2017. This will provide a reflection on the outcomes and development against the first two years of the Plan and help to guide and redirect the Plan into its final two years. Plan Development The development of the Plan has involved gathering and interpreting data from a range of sources to provide Council, community organisations, residents, visitors and service providers with a clear snapshot of art and culture in our community. It is hoped that this information will benefit those seeking to participate in or deliver arts and culture in Bass Coast. Community Comments A 2012 Arts and Culture Survey, open through March/April 2013, was completed by 166 people. There was a general message that arts and cultural activities in Bass Coast are vibrant and active.
Bass Coast Shire Council Page 117 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Responses to the question – “name the top three things that you like about arts and culture in Bass Coast” indicated that: • there are many opportunities for involvement • there was a good quality in the arts • it’s a great environment for artists to work in • there is a variety and diversity in the arts in Bass Coast. Responses to the question – “name the top three things that you do not like about arts and culture in Bass Coast” included; • a lack of professional venues for both visual and performance arts • that venues of all types for all the arts, culture and heritage could be improved to encourage greater community interaction Responses to the question – “name the top three things that you would improve about arts and culture in Bass Coast”; • a cinema on Phillip Island • more public art • improved promotion and communication about arts and culture in Bass Coast. People viewed the area as generally conservative in its arts and culture and that it could increase in creativity, inclusiveness and diversity. Underlying all this is a call to increase funding for arts and culture. The results of this survey informed the actions in the Plan. Then through two forums held in May 2013 and January 2014 the draft Plan was reviewed by working groups represented by the community. From 12 September until 22 October 2014 the draft Plan was then advertised for public comment and fourteen comments were received. These comments were varied (see AT-2), but some trends were notable: • There was a strong call for arts infrastructure, from major purpose built arts and performing space to satellite hubs around Bass Coast. • There was a desire to see more public art, increase promotion of activities such as festivals and art fairs, nurture youth and emerging talent and make greater connections with tourism. • Two submissions argued for concentrating on one or two major events a year and felt the Plan tried to cover too much. Another two argued for a need for a full time Arts and Cultural Coordinator. • Five submissions felt that overall the Plan was good and glad to see some new proposals. A Forum was held in October which was attended by representatives of arts, culture, and heritage and arts businesses. The groups attending workshopped three questions down to the following:- • What do you love about the arts in Bass Coast? I love the diversity and choice of interests. Bass Coast Shire Council Page 118 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
• What does a bold and inspirational creative municipality look like? The arts are highly visible with community spaces that are affordable. • How should Council encourage arts and creativity in Bass Coast working with our partners? Good promotion and financial support for all. Additionally, school students from Wonthaggi Secondary College, Newhaven College and Bass Coast Specialist School were asked for their vision of arts and culture in Bass Coast via a short questionnaire. The questions were: • What arts and/or cultural events have you participated in within the last year? Name up to three. • What type/s of arts do you enjoy? • Tick boxes were: Music, Media, Film, Visual, arts, Word, Dance, Installations, Festival, Other. • Tell us how arts can make Bass Coast a great place to live? Generally the arts and cultural events attended were mainly school concerts and productions, movies, music events and markets with some exhibitions. The top four types of art that they enjoyed were Music, Film, Festivals and Media. Students said the following about how arts can make Bass Coast a great place to live: • brightens the area, • brings people together, • makes it more fun, • gives you something to do, • shows off the talent in the area, and • good for tourism. They asked for a better cinema, more festivals, arts markets, arts events that bring people together and places to showcase their talents. Based on the submissions, the Forum and the survey to students, the following changes have been made to the body of the Plan: • The Vision and Introduction have been combined and reworded • Community comments have been added to the Consultation table • Name change of Actions to Initiatives in the Action plan to reflect the fact that they are broad initiatives that will require multiple actions to achieve. These actions will be developed each financial year through Councils business plan and budget process.
Bass Coast Shire Council Page 119 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The following changes have also been made to the accompanying Action Plan: Action Change No 1.1.2 Continue involvement and encourage innovation in exhibitions, workshops, festivals and arts and cultural events that are accessible for all. Long term vision: Development of a major arts and culture event that attracts large numbers of visitors to the area. For example; Inlet Kinetics, Inverloch 1.2.3 Support development of arts and cultural events that meet the needs of young people in Bass Coast 2.1.3 Long term vision: Arts and Culture Reference Group to be made up of a diverse range of people with arts, cultural, business and tourism experience 3.1.1 Initiative: Undertake a business case for activation of the Wonthaggi Union Arts Centre. This will include redevelopment options and increased programming to create an arts facility that is dynamic, vibrant, diverse and engaging. 3.1.2 Initiative: Continue support of the West Gippsland Regional Library Corporation. Recognising that public libraries are dynamic, vibrant contributors to cultural life and welcoming, innovative spaces for communities to connect. 4.2 Key Activity: Develop and coordinate procedures to implement Developer contributions for public art. 4.2.2 Initiative: Ensure the Municipal Strategic Statement recognise and reference the importance of arts and cultural activity in the municipality. 4.3 Key Activity: Display, enhance and promote the value of Council’s art collection 6.3.1 Measures: Increased number of listings of art and cultural businesses, events and activities in promotional material and timely delivery of materials to tourism bodies.
Strategic Basis Council Plan Principles • The social, environmental and economic priorities of the Shire benefit both current and future generations. Strategic Objective: Healthy Communities Key Strategy: • Support and promote a dynamic arts and cultural life in Bass Coast. The Plan is also aligned with and complements the: Strategic Objective: Economic Development
Bass Coast Shire Council Page 120 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Key Strategies: • Promote Bass Coast as an all year unique tourist and events destination. • Encourage the diversity of small business that supports the culture of Bass Coast Actions in the Arts and Culture Plan will also contribute to the following strategy through actions related to arts and culture facilities, public art and heritage recognition. Strategic Objective: Sustainable Development and Growth Key Strategy: • Provide infrastructure and facilities that are well managed environmentally sustainable and suitable for the community’s needs.
Finances A majority of the actions are investigative or continuing current practices therefore requiring no additional funding. Other actions require a commitment of capital works funding through Council’s budget processes for specific projects. Funding for development of marketing of activities or services will also be referred to the Council budget process as appropriate. It is intended that external funding be sought for specific activities. This would also need to be supported through Council’s budget process.
Stakeholders The key stakeholders and partners in this Plan include: Council, ratepayers, residents, visitors, artists, community arts and cultural organisations, arts, cultural and heritage businesses, Government Departments and agencies. Extensive stakeholder engagement has been undertaken over the development of the Plan. The following stakeholders were directly involved with the development of the Plan at a forum in 2011 facilitated by the Cultural Development Network: Representatives of the Artists Society of Phillip Island, Bass Coast Chorale, Bass Coast Artists Society, Bass Coast Council Woman’s Association, Ibis Writers, Offshore Theatre, Rescue Station Arts, Wonthaggi Theatrical Group, Wonthaggi Citizens Band, Wonthaggi and District Historical Society, Corinella and District Community Centre, Mental Illness Fellowship, Community Artists, Arts Teachers, Goat Island Gallery, Independent artists and musicians. Representatives of the following groups attended the forum in May 2013: Bass Coast Artists Society, Ibis Writers, Phillip Island Arts and Cultural Committee, Phillip Island and District Historical Society, Public Art Reference Committee, Wonthaggi Theatrical Group, Wonthaggi and District Historical Society, Community Artists, Independent Artist, Visitor Information Centre representative, Youth Development Officer (Bass Coast Shire Council), Arts Officer (Bass Coast Shire Council) Bass Coast Shire Council Page 121 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The following groups then attended a working party in January 2014: Community arts, cultural and heritage groups, Council staff and Councillors. The draft Plan was open for community comment from 12 September until 22 October 2014, and was advertised through local newspapers, Council’s website, an email to an arts database of 293 contacts, hard copies were sent to Neighbourhood houses and as requested to arts and culture groups and individuals. By closing date there were fourteen submissions (summary table AT-2). A forum was held in October 2014 with thirteen representatives from arts, cultural, heritage groups and arts businesses in Bass Coast. Students from Wonthaggi Secondary College, Newhaven College and Bass Coast Specialist School participated in a questionnaire and 426 forms were returned. The following groups, organisations and eleven individuals made comments though submissions and the Forum for the September/October 2014 review: Offshore Theatre Phillip Island, Bass Coast Camera Club, Phillip Island Camera Club, Ibis Writers Groups, Wonthaggi and District Historical Society, Bass Coast Chorale, Bass Coast Artist’s Society, Phillip Island Art and Craft Gallery, Destination Phillip Island, Goat Island Gallery, Binksy’s Studio, Director of Music Newhaven College, The Dirt Floor.
Other Options Council could choose to not adopt the Plan however this may result in residents and visitors not experiencing meaningful and rewarding arts and cultural encounters that contribute to building a strong and vibrant community. A lack of a Plan may also slow the growth of art and culture in our community. A formally adopted strategic plan also significantly increases Council’s likely success when applying for grant funding.
Officer’s Comments/Conclusion A community with an active arts and cultural life is a liveable community that entices people to want to visit, live and engage. It shapes the identity of the local community, creating a thriving, prosperous, happy and healthy place to live. We acknowledge and support the increased social benefits for communities with a vibrant arts and culture society providing residents and visitors with meaningful and rewarding encounters with the arts. Since 2012 a broad range of internal and external stakeholders have been given multiple opportunities to have input into the development of the Plan. It is now recommended to adopt the Arts and Culture Plan 2015–2019 and move forward with implementation of the Action Plan.
Recommendation That Council adopts the Arts and Culture Plan 2015–2019.
Bass Coast Shire Council Page 122 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments AT-1 2015 01 09 Bass Coast Arts and Culture Plan 2015-2019 28 Pages AT-2 Collated comments on Arts and Culture Plan 2015-2019 4 Pages AT-3 Schools response to Arts and Culture questions - Graphs 3 Pages
Cr Le Serve left the meeting at 7.09pm Cr Le Serve returned to the meeting at 7.11pm
Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Andrew Phillips That Council adopts the Arts and Culture Plan 2015-2019 and that a review is undertaken in 2016-2017 with the inclusion of a detailed action plan. CARRIED
Bass Coast Shire Council Page 123 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.12 2016 Revaluation of Shire
File No: CM14/1271 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council is the rating authority for the municipal district of the Bass Coast Shire. As the rating authority the Council is required to pass a resolution to cause a general valuation to be made of all rateable and non-rateable leviable land as at the 1st day of January 2016 and returned to it before the 30 June of that year. Due to the time required to undertake a valuation cycle, a resolution needs to be adopted by Council no later than February 2015 to ensure that there is adequate time for the general valuation to be completed and certified in accordance with valuation best practice and the 2016 Valuation Best Practice Guidelines. This report provides the necessary recommendations that will meet these requirements.
Background The Valuation of Land Act 1960 provides that all rateable land as defined by the provisions of the Local Government Act 1989 and all non- rateable leviable land as defined by the provisions of the Fire Services Property Levy Act 2012 must be re-valued every two years. Bass Coast Shire utilises a mixed service model to undertake valuations for rating and levy purposes. This model is comprised of a team of qualified staff valuers and supported by a local valuation firm. The valuation firm is appointed on a contractual basis following a tender process each second valuation cycle. Council’s valuation team provide statutory valuations for the biennial valuation cycle as a core function of Council. In addition, the valuation team provides valuations for monthly supplementary valuations; valuation objections and appeals; insurance valuations; asset valuations and market appraisals. These services are provided by Council’s own qualified valuers, supported by contractors. This model works well for Council, allowing for a range of specialist expertise to be provided across property categories. Westernport Property Consultants are Council’s current valuation contractor and have recently been awarded a contract extension under the terms of their initial contract to be involved with the completion of the 2016 revaluation. Bass Coast Shire Council Page 124 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Properties in the Bass Coast Shire were last valued in 2014 and are required to be revalued in 2016. In order to meet the legislative requirements relating to the valuation, Council must do certain things under the Valuation of Land Act 1960. In order to commence the valuation process, Council must resolve to make the general valuation pursuant to Section 11 of the Valuation of Land Act 1960. Council also needs to resolve to appoint Valuers to return the valuation to Council, receive “Declarations of Impartiality” from the Valuers and notify certain authorities of its resolution to carry out a general valuation.
Strategic Basis Council Plan Principles One of the key strategic objectives of the Council Plan is Effective Governance a) Our leadership will be achieved through good governance, community engagement and excellence in service delivery. Such governance includes the necessity for Council to meet its legislative obligations and comply with statutory provisions and industry practice in relation to the valuation of properties within the Shire.
Finances The biennial revaluation is a core responsibility of Council. The gross cost of meeting this responsibility for the most recent revaluation cycle was approximately $861,000, spread over two (2) years. Although the data collected through the valuation cycle is the responsibility of and belongs to Council, Council is ultimately limited by legislation to providing the information to the Victorian Valuer General and the Victorian State Revenue Office. The data is most commonly used by the Victorian State Revenue Office for the derivation of state land taxes and the Fire Service Levy. Council has an agreement in place whereby Council is partially reimbursed by the State Revenue Office (SRO) for the data. In simple terms, Council sells this data to the state. The income derived from this agreement was $404,000 over the two (2) year valuation cycle and so covers approximately half of Council’s costs of providing the valuation service.
Stakeholders Bass Coast Shire Council, ratepayers, other rating/taxing authorities, contractors & valuation staff and the Valuer-General all have a stake in the outcomes of the valuation.
Statutory Requirements/Codes/Standards/Policies The Valuation of Land Act 1960 provides the authority and direction to make a revaluation. The legislation provides that where the Council is the valuation authority in respect of the municipal district “it shall 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 be returned to it before 30 June in that year.”
Bass Coast Shire Council Page 125 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The legislation also provides that for the purposes of the Fire Services Property Levy Act 2012, the valuation authority shall also “cause a general valuation of non-rateable leviable land to be made as at 1 January in every even calendar year and be returned to it before 30 June in that year.” In order to commence the valuation process, Council must resolve to make the valuation pursuant to Section 11 of the Valuation of Land Act 1960. This resolution is important because it formally notifies the Valuer-General of the revaluation. It also gives the opportunity for other rating/taxing authorities (e.g. State Revenue Office.), to be formally advised that the revaluation is taking place and allows them to obtain the revaluation information from Council. Valuers employed or contracted to undertake valuations for the purposes of the Local Government Act 1989 must hold the qualifications or experience specified from time to time by the Minister by notice published in the Government Gazette. Council staff valuers and the principals of Westernport Property Consultants have the pre- requisite qualifications and experience. Under the provisions of the Valuation of Land Act 1960 Council needs to re-appoint its staff Valuers and the principals of Westernport Property Consultants to carry out the 2016 revaluation. Council is also required under section 13DH (2) of the Act to receive Declarations of Impartiality from Council’s staff Valuers and the contract Valuers, and record this in the minutes. The Declarations have been made in relation to the 2016 valuation and are in Council’s possession.
Other Options All Councils in Victoria are required by the Valuation of Land Act 1960 to cause to make or have made a revaluation every even year to use for rating and fire services levy purposes. Some municipalities in Victoria have opted to pass the control and responsibility to make the general valuation over to the Valuer General of Victoria. Under this model the Valuer General appoints a contractor to undertake the general valuation for the municipality. To do this, the nomination by a Council must be made to the Valuer-General in writing by 30 June of the even calendar year that immediately precedes the next even calendar year in which a general valuation is to be made. Transfer of the valuation to the Valuer General continues in force until it is revoked in writing in the same manner. Prior to 30 June 2014 Council did not explore this option for this valuation cycle as there was an existing Valuation Contract in place. There is no other option to making a new valuation unless the Governor in Council on the advice of the Minister declares that because of special circumstances it is unnecessary or impracticable to comply. Officers are not aware of this ever occurring.
Bass Coast Shire Council Page 126 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Officer’s Conclusion and Recommendation The adoption of the recommendations by Council is a procedural step required to comply with the legislative obligation to cause to make or have made the 2016 general valuation. This recommendation needs to be made now to provide time for the general valuation to be undertaken and certified in accordance with valuation best practice and the 2016 Valuation Best Practice Guidelines. Another important driver of the timing is to ensure that 2016 general valuation data is available for rate modelling and budget considerations for the 2016/17 financial year. The following recommendations will meet these requirements.
Recommendation That Council : 1. in accordance with Section 11 & Section 13H of the Valuation of Land Act 1960 cause a general valuation of all rateable and non-rateable leviable land within the municipal district to be made as at the date of 1 January 2016; and that it be returned to Council before June 30 in that year. 2. appoints our staff valuers Mr Russ Anthony and Mr David Corrigan, and the principals of Westernport Property Consultants to carry out their respective parts of the 2016 General valuation and to carry out supplementary valuations of rateable and non-rateable leviable land necessary to supplement the general valuation. 3. in accordance with section 13DH of the Valuation of Land Act 1960 receives and notes in the minutes, the receipt of the Statutory Declarations of Impartiality from Council’s Staff Valuers and the principals of Westernport Property Consultants. 4. gives notice to: (a) The Valuer-General (b) State Revenue Office (c) Westernport Water (d) South Gippsland Water (e) South Gippsland Shire (f) Cardinia Shire (g) Port Phillip Regional Catchment and Land Protection Board (h) West Gippsland Catchment Management Authority of its resolution to make a valuation of the Shire in 2016.
Attachments There are no attachments for this report
Bass Coast Shire Council Page 127 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Neil Rankine That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 128 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.13 Proposed Lease 50 - 54 Church Street Cowes - Phillip Island Community Health Centre
File No: CM14/1301 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council at its ordinary meeting held 25 June 2014 confirmed its willingness to provide land at 50-54 Church Street, Cowes under a long-term lease based on a ‘peppercorn’ rent, subject to the land being used to provide an Integrated Primary Care Centre that is operated by Bass Coast Health. Council’s full resolution 25 June 2014 is as follows: That Council; 1. seeks details regarding the service and type of facility that is proposed to be developed in Cowes from the Minister for Health, David Davis, in relation to the recent announcement that The Victorian Government will provide $2.2 million to build a modern community health centre in Cowes. 2. seeks confirmation from the Minister that a project control group will be created that will provide input in to the establishment of any new State funded health facility on Phillip Island and that the group will include Council representation. 3. offers to facilitate an urgent meeting of key stakeholders including State and Federal representatives, to discuss the future of health services on Phillip Island. 4. reiterate to the Minister, its support for an Integrated Primary Care Centre model in Cowes as identified in the Gippsland South Coast Service Plan and Model of Care 2010. 5. confirms it is willing to provide land at 50-54 Church St Cowes under a long-term lease based on a ‘peppercorn’ rent, subject to the land being used to provide an Integrated Primary Care Centre that is operated by Bass Coast Health. Since the above resolution the terminology referencing the centre has changed from Integrated Primary Care Centre to Community Health Centre. The term ‘Integrated Primary Care Centre’ and ‘Community Health Centre’ are clarified in Attachment 1. Bass Coast Health – Statement of Purpose, Cowes Community Health Centre.
Bass Coast Shire Council Page 129 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
It has also been confirmed via correspondence dated 27 November 2014 from the Chief Executive Officer, Bass Coast Health that “It is Bass Coast health’s belief that the proposed facility at Cowes is entirely consistent with our Rural Capital Support Fund submission and that it supports the goals of the 2010 Gippsland South Coast Service Plan around the development of a facility for the delivery of primary care services on Phillip Island.” The project development for the Community Health Centre was announced 30 March 2014 as a $3.3m development and identified funding sources would be from: • Department of Health ($2.2m) • Warley Trust (overseen by Leading Age Services Australia (Vic))($1.1m) Given the information provided by Bass Coast Health, it is recommended that Council confirm its willingness to proceed in accordance with point 5 or its resolution of 25 June 2014 and resolve the following to proceed. That Council: 1. pursuant to section 191 of the Local Government Act 1989 enter into an Agreement for Lease (whilst construction of the facility occurs) then Lease with Bass Coast Health for the land known as 50-54 Church Street Cowes, being the land described in certificate of title volume 1355 folio 956 and volume 08286 folio 332 for the permitted use of community health services, for a 50 year term and rental of $1 per annum plus GST. 2. Authorise the Chief Executive Officer to negotiate any further conditions of the agreements and execute the documents, subject to the funding proceeding for the establishment of the Cowes Community Health Centre.
Background A proposal developed by Bass Coast Community Health Service (BCCHS) to build a Community Hub (entitled an Integrated Primary Care Centre in their capital funding submission) in Cowes had been put forward for consideration under the State Governments “Rural Capital Support Fund”. This was costed at approximately $2.9 million and would replicate what BCCHS provided in Cowes in an inadequate rental facility, and allow for modest expansion over time. Since the closure of Warley Hospital in Cowes in 2008 there has been a campaign for enhanced public health provision on Phillip Island. The State Government had responded with additional funding mainly for Ambulance Services, and invested heavily in an After Hours Medical Service (jointly funded by the Commonwealth) delivered by Phillip Island Medical Group. There has been many stakeholder groups with diverse views on what the State and Commonwealth should be bolstering further on the Island, with some groups at different times advocating strongly for 24/7 urgent care services and some bed based services. Some of the groups had moderated their demands although there is still not complete alignment regarding the desired scope of future health services from all stakeholder groups.
Bass Coast Shire Council Page 130 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The Department of Health and the Minister had been clear that any proposed development on Phillip Island will not include hospital beds or newly funded services such as 24/7 Urgent Care nor compete with Medical and Aged Care Group’s Cowes practice (formerly Phillip Island Medical Group). The Medical Practice forwarded a letter of support for the current BCCHS capital submission, on the basis and condition it compliments and does not compete with their own existing services. The ‘Phillip Island Hospital Action Group’ provided a more conditional letter of support saying they would ultimately like to see other services we consider out of scope in the development or its future phases. One of the outstanding issues had been location, with two main options. The Council generously offered to make land available at 50-54 Church Street Cowes for the development of the facility. The other option had been land available for sale at the rear of and adjacent to the current Medical Practice in Thompson Avenue. The latter was attractive as a potential ‘Health Precinct’ but is essentially a residential block in a largely residential street, with capacity and future proofing issues together with the significant additional expense to purchase the site. The council land is not co-located, but is large, accessible and allows for car parking and future expansion. BCCHS’s preferred location is the council owned land and this has been the basis of its discussions with various stake holder groups. In July 2014 BCCHS and Bass Coast Regional Health merged to become Bass Coast Health which is the entity that would lease the Council land.
Strategic Basis Council Plan Principles • The social, environmental and economic priorities of the Shire benefit both current and future generations. • Equity in the distribution of resources across the Shire.
Finances The project development for the Cowes Community Health Centre was announced as a $3.3m development and identified funding sources would be from: • Department of Health ($2.2m) • Warley Trust (overseen by Leading Age Services Australia (Vic))($1.1m) Council will contribute the land at 50-54 Church Street Cowes.
Stakeholders • The community, ratepayers and tourists of Bass Coast municipality • Bass Coast Health • Department of Health • Leading Age Services Australia (Vic) • Council
Bass Coast Shire Council Page 131 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Statutory Requirements/Codes/Standards/Policies Local Government Act 1989 - s191 Transfer, exchange or lease of land without consideration 1. A Council's powers to transfer, exchange or lease any land include the power to do so with or without consideration to— a) the Crown; or b) a Minister; or c) any public body; or d) the trustees appointed under any Act to be held on trust for public or municipal purposes; or e) a public hospital within the meaning of the Health Services Act 1988 or other hospital carried on by an association or society otherwise than for profit or gain to the members of the association or society. 2. Any transfer, exchange or lease under this section is valid in law and equity. 3. Sections 189 and 190 do not apply to any transfer, exchange or lease under this section.
Other Options Council could lease or sell the land on a commercial basis but that would diminish the capacity to complete the project given financial restraints. Council could transfer the land for $1 but Council would not have input or control of the site on behalf of the community.
Officer’s Conclusion and Recommendation Given the information provided by Bass Coast Health, it is recommended that Council confirm its willingness to proceed in accordance with point 5 or its resolution of 25 June 2014.
Recommendation That Council: 1. pursuant to section 191 of the Local Government Act 1989 enters into an Agreement for Lease (whilst construction of the facility occurs) then Lease to Bass Coast Health for the land, or part of, known as 50-54 Church Street Cowes, being the land described in certificate of title volume 1355 folio 956 and volume 08286 folio 332 for the permitted use of community health services, for a 50 year term and rental of $1 per annum plus GST. 2. authorises the Chief Executive Officer to negotiate any further conditions of the agreements and execute the documents, subject to the funding proceeding for the establishment of the Cowes Community Health Centre.
Bass Coast Shire Council Page 132 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments AT- Attachment 1 Bass Coast Health - Statement of Purpose, Cowes 2 1 Community Health Centre Pages
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Phil Wright That Council defer consideration of this matter pending advice from Bass Coast Health in relation to future plans for expanding services on the site and clarification of the negotiations regarding the use of the $2.5 million offered by Minster Greg Hunt for health services on Phillip Island. CARRIED
Bass Coast Shire Council Page 133 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.14 Commencement of Public Submissions Process - for Council's proposed leases of The Newhaven Jetty Shed, Beach Crescent Newhaven, Cowes Caravan Park, 164-188 Church Street, Cowes, Newhaven Caravan Park, Old Bridge Drive, Newhaven and the Inverloch Bowling Club, 20 The Esplanade, Inverloch
File No: CM15/2 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council considered a report at its closed meeting held 20 March 2013 regarding the proposed lease of the Inverloch Bowling Club and considered three reports at its closed meeting held 11 December 2013 regarding the proposed lease of Newhaven Jetty Shed, Cowes Caravan Park and the Newhaven Caravan Park to seek consent from the Department of Environment and Primary Industries (DEPI) and relevant Minister for the proposed leases.
Background The proposed terms, valuations and works have been submitted to the Valuer General for determination and DEPI have provided approval in principal to the proposals. Negotiations have continued with all parties and Council is now at a point where it can commence the next step and call for submissions. In accordance with section 223 of the Local Government Act 1989 it is proposed that Council place a public notice calling for submissions with respect to the proposed leases.
Strategic Basis Council Plan Principles • The social, environmental and economic priorities of the Shire benefit both current and future generations. • The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised. • Transparent evidence-based and inclusive decision making.
Bass Coast Shire Council Page 134 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Finances The lease of the Inverloch Bowling Club, Newhaven Jetty Shed, Cowes Caravan Park and the Newhaven Caravan Park provides that the tenants contribute significant capital into the sites being: Inverloch Bowling Club $ 350,000 over the life of the lease Cowes Caravan Park $1,900,000 over the life of the lease Newhaven Caravan Park $1,265,000 over the life of the lease Newhaven Jetty Shed Renewal of premises
Combined initial annual rental would be $497,000
Stakeholders Proposed lessees, patrons, ratepayers and the community.
Statutory Requirements/Codes/Standards/Policies Section 190 and 223 of the Local Government Act 1989 Leasing Policy for Crown Land in Victoria 2010
Other Options Nil
Officer’s Conclusion and Recommendation As Council has reached the next step in the leasing process that provides for open, transparent and informed decision making, it is recommended that Council commence statutory procedures in accordance with section 223 of the Local Government Act 1989 to Lease the Inverloch Bowling Club, Newhaven Jetty Shed, Cowes Caravan Park and the Newhaven Caravan Park.
Cr Drew left the meeting at 7.35pm Cr Drew returned to the meeting at 7.36pm
Bass Coast Shire Council Page 135 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Recommendation That Council; 1. commences statutory procedures pursuant to section 190 and 223 of the Local Government Act 1989 and section 17D of the Crown Land (Reserves) Act 1978 for the following A, B, C and D: A. Council proposes to enter into a lease with the Inverloch Bowling Club Incorporated for the property known as the Inverloch Bowling Club, 20 The Esplanade, Inverloch with the following terms and conditions: • a term of 21 years • initial annual rent of $2,000 • rental review at the sixth year then every three years • capital investment of $350,000 by the lessee over the life of the lease. B. Council proposes to enter into a lease with Mark and Julie Curran Pty Ltd for the property known as the Cowes Caravan Park, 164 – 188 Church Street Cowes, with the following terms and conditions: • a term of 21 years • initial annual rent of $255,000 • rental review every three years • annual Council contribution to capital works on the property at a value of 20 percent of the rent, of which up to 10 percent may be allocated for maintenance • capital investment of $1,900,000 by the lessee over the life of the lease. C. Council proposes to enter into a lease with Mexicala Pty Ltd for the property known as the Newhaven Caravan Park, Old Bridge Road Newhaven with the following terms and conditions: • a term of 21 years • initial annual rent of $205,000 • rental review every three years • annual Council contribution to capital works on the property at a value of 20 percent of the rent, of which up to 10 percent may be allocated for maintenance • capital investment of $1,265,000 by the lessee over the life of the lease.
Bass Coast Shire Council Page 136 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
D. Council proposes to enter into a lease with Mr Ben Dennis for the property known as the Newhaven Jetty Shed, Beach Crescent Newhaven, with the following terms and conditions: • a term of 21 years • initial annual rent of $35,000, following allowance of a period for construction • rental review every three years. 2. Appoints a committee of three Councillors (Mayor Brown, Cr Phillips and Cr Drew) to hear and consider submissions at a date to be determined and report the committee’s recommendation to Council’s next available ordinary meeting.
Attachments There are no attachments for this report.
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Bradley Drew That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 137 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.15 Complaint Handling Policy
File No: CM15/51 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary The attached draft Complaint Handling Policy has been generated to provide a standardised approach to managing customer complaints. The policy will also provide an opportunity for us to receive feedback, which will assist with the continuous improvement of our services, systems and capabilities. The policy applies to all Councillors, Council Officers and Contractors carrying out work on behalf of Council. The policy details types of complaints and the relevant processes for resolution of the specific complaints. Additionally, the adoption of this policy will allow reporting bi-annually at Council meetings and annually in Council’s Annual Report, detailing any service improvements made as a result of complaints received. Reporting on the volume of complaints, the nature of complaints, and associated resolutions, is not available without the implementation of this policy. This policy is modelled on the Victorian Ombudsman’s guide to Complaint Handling for Victorian Public Sector Agencies (November, 2007).
Background There has been a lack of guidance for both Councillors and staff as to the manner in which complaints have previously been handled. With the exception of our existing Customer Service Charter, which identifies the process for our community to approach Council when our service standards are not met, there is no other formal advice or process available to our staff or community regarding lodging a complaint. Our revised Customer Service Charter will include reference to the Complaint Handling Policy. The revised Customer Service Charter will be made available to our community. Our current Customer Request System does capture requests but complaints have been captured in various formats preventing any consistency in the manner in which they are addressed and resolved.
Bass Coast Shire Council Page 138 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Strategic Basis The Council Plan 2013-17 Principle of transparent evidence-based and inclusive decision making most closely relates to the Complaint Handling Policy.
Finances There are no financial implications to the implementation of this Policy as the promotion of the policy to Councillors and staff will be able to be absorbed in our normal communication processes using our existing tools. Adjustments will be made to our existing Current Request System to capture complaints and these modifications will not require any additional expenditure.
Stakeholders • Councillors • Council Staff • Community
Statutory Requirements/Codes/Standards/Policies Whilst there are no statutory requirements relating to complaints handling, this Policy should be read in conjunction with the following documents: • Council Plan 2013 – 2017 • Code of Conduct Policy • Councillor Code of Conduct Policy • Local Government Act 1989 • Protected Disclosure Act 2012
Other Options Nil.
Officer’s Conclusion and Recommendation The adoption of this policy will establish a clear process for dealing with customer complaints, benefiting our community, Councillors and Council staff.
Recommendation That Council adopts the Complaint Handling Policy.
Attachments AT-1 Complaint Handling Policy 9 Pages AT-2 Revised Customer Service Charter 2 Pages
Bass Coast Shire Council Page 139 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Phil Wright That the recommendation be adopted. CARRIED
Bass Coast Shire Council Page 140 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.16 Recruitment of Independent Members to the Audit Committee
File No: CM15/53 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary In 2009 Council entered into a formal recruitment process for the current Chairman and Independent Members of the Audit Committee. In May 2012 the Independent Members were reappointed for a further three year term to 31 May 2015. In October 2012, the Chairman was reappointed until February 2016. The Audit Committee at their meeting in December 2014 endorse the recommendation to the February Council Meeting to appoint a panel of the Mayor, Chief Executive Officer and General Manager of Governance and Organisation Development to seek Expressions of Interest for the two Independent Members’ appointment to the Audit Committee. There is no reference to the number of terms, consecutive or not, a person can apply for/be appointed to a position on the Audit Committee in either the Act of Charter. However, the Good Practice Guide includes the following: Rotation of members of the audit committee Periodic rotation of the members of the audit committee is encouraged as this will enhance the perception and reality of audit committee independence, although this is often inhibited by the lack of suitable candidates. To ensure continuity, ideally no more than one member should leave the audit committee pursuant to rotation in any one year. The period of tenure of members of the audit committee should be set by the LGE recognising that the tenure could be different for LGE members and independent members. LGE members will be subject to council elections every four years and accordingly the tenure of LGE members on the audit committee needs to be set to allow for their rotation among the nominated LGE members. Independent members appointed to the audit committee are not subject to the same four year council election cycle and accordingly their tenure can be set differently. The period of tenure for independent members could be two to three years, again with options for reappointment after periodic performance reviews. The LGE might also consider setting a maximum number of terms of reappointment for independent members.
Bass Coast Shire Council Page 141 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Introduction In view of the advice from the Good Practice Guide, it would be appropriate to seek Expressions of Interest from suitably qualified persons for the appointment of two independent members to the Committee. Given the expert and valuable contribution and advice received from the current members it would be appropriate to invite them to provide an expression of interest if they wished to continue on the Audit Committee. The Audit Committee performs a vital role in advising the Council on a range of matters central to the governance of the Council. The integrity and independence of the committee is enhanced by the appointment of external members who can bring knowledge, expertise and objectivity to the committee. An Expression of Interest Process would be conducted seeking applicants to be assessed against the following criteria: • Detailed knowledge and experience in the operations of a large organisation • Understanding of financial management, • Reporting and governance practices • Ability to analyse information • Knowledge of Local Government • Qualifications • Relevant experience A recommendation from the Panel would be made to the full Council to endorse the appointment of two Independent Members.
Strategic Basis Section 139 of the Local Government Act refers to Audit committee and states: (1) A Council must establish an audit committee. (2) An audit committee is an advisory committee. (3) An audit committee must be constituted in the prescribed manner. (4) An audit committee has the functions and responsibilities prescribed for the purposes of this section. (4A) Sections 76D, 79 and 81 apply to members of an audit committee as if they were members of a special committee of the Council. (5) The Minister may make guidelines for the purposes of this section. (6) Guidelines made under sub-section (5) must be published in the Government Gazette. (7) A Council may pay a fee to a member of an audit committee who is not a Councillor or member of Council staff.
Bass Coast Shire Council Page 142 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
The Council Plan 2013-2017 contains a number of principles and key strategic objectives. The relevant principles within the Council Plan, which are to guide all Council decisions and actions include: • Equity in the distribution of resources across the Shire • Transparent evidence-based and inclusive decision making The Audit Committee performs a vital role in advising the Council on a range of matters central to the governance of the Council. The integrity and independence of the committee is enhanced by the appointment of external members who can bring knowledge, expertise and objectivity to the committee. This assists Council in achieving the strategic objectives of Effective Governance within the Council Plan
Finances The Independent members for the Audit Committee receive a sitting fee for each meeting. The Chairman receives $1,500 per meeting and the Independent members receive $1,000 per meeting. Any recruitments costs would be done utilising internal resources.
Stakeholders Council, ratepayers, residents and visitors are all affected by the delivery of the program.
Statutory Requirements/Codes/Standards/Policies • Section 139 of the Local Government Act 1989 sets out the requirements of an Audit Committee • Audit Committees – A guide to good practice for Local Government • Audit Committee Charter
Officer’s Comments/Conclusion The Council could decide to provide the current Independent Members with a further three year term. This however would not be in line with the advice from the Good Practice Guide.
Recommendation That Council 1. appoints a panel of the Mayor, CEO and General Manager of Governance and Organisation Development to seek Expressions of Interest for the two Independent Members’ appointments to the Audit Committee. 2. invites the current independent members to put forward an Expression of Interest to continue as Independent Members of the Audit Committee.
Bass Coast Shire Council Page 143 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments There are no attachments for this report
Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Andrew Phillips That Council 1. appoints a panel comprising of the Audit Committee Chair, Mayor, Cr Phillips, Cr Crugnale, Chief Executive Officer and General Manager of Governance and Organisation Development to seek Expressions of Interest for the two Independent Members’ appointments to the Audit Committee. 2. invites the current independent members to put forward an Expression of Interest to continue as Independent Members of the Audit Committee. CARRIED
Bass Coast Shire Council Page 144 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
E.17 Funds Investment Policy
File No: CM14/1299 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary A revised Investment Policy, designed to meet Council’s current business needs is presented to Council for adoption.
Background The current Investment Policy has not been updated for a number of years and is now due for review. Council’s business needs are constantly changing and the Investment Policy needs to respond to these needs by setting out clear guidelines about how funds are invested in the current climate that has seen the emergence of Community Bank branches across the Shire that are competing for Council’s business. A draft Investment Policy was provided to Council in late November 2014 for consideration and was provided to Council’s Audit Committee for review and comment on 17th December 2014. At this meeting the Audit Committee recommended that the Investment policy be amended to include three (3) changes. The first of which states that “the policy should also include in the accountability process, quarterly reports to the Audit Committee and Council”. The second was that “the policy should have more qualitative reference on the benefit of investment with a community bank”. The third was that “the policy should refer to the need for a joint working group to be established between Council and community banks to maximise benefits from joint projects”. Each of these recommendations has been factored into the revised investment policy. However, as Council does not have large sums to invest and nor does Council have substantial borrowings; our ability to influence the community banks behaviour is limited.
Bass Coast Shire Council Page 145 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Strategic Basis The Council Plan Principle for effective governance is- “Our leadership will be achieved through good governance, community engagement and excellence in service delivery.” Within this Principle, the review of the Investment Policy is consistent with the following strategy- “Manage our financial resources, assets and risks to deliver the best possible outcomes for our community”
Finances In 2014/15, Council has budgeted for investment income of $505,000. This will be generated by- • Bank term deposits of no more than 120 days (Generating approximately $355,000 in income); and • The use of a “Sweep” facility provided by Council’s bankers clearing surplus cash from Council’s Operating Account into the “At Call” Account at the end of every business day, retaining a minimum balance in the Operating Account once current cash flow commitments are met (Generating approximately $150,000 in income). The proposed policy provides that Council will, subject to this policy, support local Community Bank branches by investing some of its surplus funds with them at rates that are up to 0.3% less than the best quotation obtained by Council. This recognises that Community Bank branches may not be able to match the rates offered by the major banks. However, the value of investment income lost by accepting a lower rate may be partially offset by the value of support by Community bank branches to local community projects. The potential income forgone by Council in these cases is unlikely to be fully recompensed to the community by the contributions from the Community Banks. However, this inclusion in the policy does illustrate Council’s support of the Community Banks importance to our communities.
Stakeholders Council, the community and investing institutions have a stake in this matter.
Statutory Requirements/Codes/Standards/Policies Section 143 of the Local Government Act 1989 sets out the limits of Council’s investment activity as follows- A Council may invest any money— (a) in Government securities of the Commonwealth; (b) in securities guaranteed by the Government of Victoria; (c) with an authorised deposit-taking institution; (d) with any financial institution guaranteed by the Government of Victoria; (e) on deposit with an eligible money market dealer within the meaning of the Corporations Act; and
Bass Coast Shire Council Page 146 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
(f) in any other manner approved by the Minister after consultation with the Treasurer either generally or specifically, to be an authorised manner of investment for the purposes of this section. This Policy operates strictly within these provisions.
Other Options Good governance practice requires the review of policies on a regular basis, especially when circumstances change.
Officer’s Conclusion and Recommendation The proposed Investment Policy sets out the following objectives- • Preservation of capital - Investments must to be placed in a manner that safeguards the investment portfolio. This includes managing interest rate exposure risk within identified thresholds and parameters, by using recognised risk ratings criteria and by complying with legislative requirements. Apart from the legislative criteria set out above, the Policy also requires that the institutions that Council invests with meet certain credit ratings designated by Moody’s Credit Agency. These ratings measure the institutions’ credit risk and its ability to repay short term debt. The higher the rating, the lower the risk of Council not preserving its capital.
• Maximisation of returns - Investments should to be placed in a manner that maximises the return on funds. This will include taking into account the balance between risk and return, the need to preserve capital and the need to maintain liquidity. Cash is used as working capital and must be available when needed to fund services and capital projects. Because of this, investments tend to be short term in nature and no more than 120 days in duration. This limits the types of investments to term deposits. The Policy requires that at least three quotations be obtained for every investment in order to maximise returns subject to the other provisions about Community banks.
• Community benefit - Investments should to be placed in a manner that provides Community Banks within the Shire access to Council’s investment business. This may increase Community Banks’ ability to reinvested profits in community projects within the Shire, thereby increasing the potential for community benefit. On this last point, provision has been made for investing with community bank branches within the Shire, something that is not specifically covered in the current policy. The proposed Investment Policy is designed to meet Council’s business needs and it is recommended that it be adopted.
Recommendation That the Funds Investment Policy be adopted.
Bass Coast Shire Council Page 147 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments AT-1 Investment Policy 3 Pages
Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Andrew Phillips 1. That the Funds Investment Policy be adopted. 2. That Bendigo Community Bank be notified of Council's decision and invited to discuss the establishment of a joint working group. CARRIED
Meeting adjourned The meeting was adjourned at 8.00pm
Meeting resumed The meeting resumed at 8.08pm
Bass Coast Shire Council Page 148 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Notices of Motion
Bass Coast Shire Council Page 149 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
F Notices of Motion
Bass Coast Shire Council Page 150 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Committees and Delegates Reports
Bass Coast Shire Council Page 151 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G Committees and Delegates Reports
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Jordan Crugnale That agenda items G.1, G.2, G.3, G.4, G.5, G.6, G.7, G.8, G.9, G.10, G.11, G.12, G.13 and G.14 be dealt with as a block. CARRIED
Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Jordan Crugnale That agenda items G.1, G.2, G.3, G.4, G.5, G.6, G.7, G.8, G.9, G.10, G.11, G.12, G.13 and G.14 be received. CARRIED
G.1 Inter Council Aboriginal Consultative Committee
File No: CM14/1302 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the Minutes of the Inter Council Aboriginal Consultative Committee (ICACC) meeting held on 13 November 2014. Items discussed at this meeting were: • Promoting ICACC • Activities to build community relationships • Gathering Place update • Mornington Peninsula Shire Council continued involvement in ICACC • Strategic Planning • Previous and Upcoming Events
Bass Coast Shire Council Page 152 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Recommendation That Council receives the minutes of the Inter Council Aboriginal Consultative Committee meeting held on 13 November 2014.
Attachments AT-1 2014 11 13 ICACC MINUTES November 2014 5 Pages
Bass Coast Shire Council Page 153 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.2 West Gippsland Regional Library Corporation Board
File No: CM14/1303 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the minutes of the West Gippsland Regional Library Corporation Board meeting held on Friday, 7 November 2014. Items discussed at this meeting were: Reports 1. Draft Early Years Strategy 2. eResources update report 3. Customer feedback 4. Financial Report for the period ending 30 September 2014 5. Annual Report 2013-2014 6. Home library service – Warragul and Drouin libraries 7. The Victorian Library Concept 8. Great Public Library Tour of the World No.3 9. General business 10. Human Resources (in camera) 11. Draft Budget (in camera) For information 1. Library Stars 2. Book Club in a Box 3. Six generations yarning together 4. READ – State-wide Working Group 5. Mobile library service review 6. Friends donations 7. Early literacy workshop 8. 5,000 poppies 9. Poetry Slam
Bass Coast Shire Council Page 154 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
10. Early years activities 11. Early years strategy
Recommendation That the minutes of the West Gippsland Regional Library Corporation Board meeting held on 7 November 2014 be received.
Attachments AT-1 West Gippsland Regional Library Corporation minutes 42 Pages
Bass Coast Shire Council Page 155 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.3 South East Australian Transport Strategy
File No: CM14/1304 Department: Infrastructure Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached is the quarterly report of the South East Australian Transport Strategy, following their meeting held on Thursday, 6 and Friday, 7 November 2014. The report covers: • MR 92 – Beyond Nerriga update • Albion Park Rail bypass – Princes Highway upgrade • Fixing Country Roads Funding Program • Country Bridge Solutions • Manildra Freight Task • Executive officer applications and arrangements for interview • VicRoads and RMS reports (below) • Members updates • Roads and Maritime Services . Gerringong upgrade – Mount Pleasant to Toolijooa Road . Foxground and Berry Bypass – Toolijooa Road to Schofields Lane . Berry to Bomaderry upgrade . Princes Hwy Albion Park rail bypass . Princes Highway, Kinghorne St to Forest Rd, South Nowra . Princes Hwy Nowra bridge . Bulli Pass . M1 Princes Motorway climbing lanes . M1 interchange at Mount Ousley . Ousley maintenance process . Princes Hwy Dignams Creek . Princes Highway, Termeil Creek Bass Coast Shire Council Page 156 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
. Princes Hwy Burrill Lake bridge . Heavy vehicle rest areas . Wilton Junction . Kings Highway road safety review . Ellerton Drive extension, Queanbeyan . Batemans Bay link road, Batemans Bay . Kings Highway Nelligen bridge . Cooma Creek bridge . Bemboka bridge . Crookwell Creek bridge . Dalgety bridge • VicRoads . 2014-15 Victorian State and Federal Budget Announcements . Princes Highway East - Traralgon to Sale Duplication . Princes Highway East – Sand Road Intersection . Princes Highway East - Road Safety Route Treatment Project . Strzelecki Highway Overtaking Lanes . Princes Highway – Overtaking lanes between Nowa Nowa and Orbost . Leongatha Heavy Vehicle Alternative Route . Safe System Road Infrastructure Program (SSRIP) . Princes Highway East – Truck Stop/Rest Area Upgrades . Koo Wee Rup Bypass Project . Phillip Island Road, San Remo – Slip Repair . $130M Repair and Restore Package . Warragul Station Precinct
Recommendation That the South East Australian Transport Strategy quarterly report be received.
Attachments AT-1 South East Australian Transport Study quarterly report 24 Pages
Bass Coast Shire Council Page 157 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.4 Rural Engagement Group
File No: CM14/1333 Department: Sustainable Development and Growth Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the minutes of the Rural Engagement Group meeting held on Thursday, 27 November 2014. Items discussed at this meeting were: • Rural Land Management Rebate • Recent forums/workshops/expos • General • Planning update • Rating Strategy Review update
Recommendation That the minutes of the Rural Engagement Group meeting held on 27 November 2014 be received.
Attachments AT-1 Rural Engagement Group minutes 26 Pages
Bass Coast Shire Council Page 158 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.5 Place Names Committee Meeting Minutes
File No: CM14/1378 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council’s Place Names committee met on Tuesday 23 December 2014. A copy of the meeting minutes are attached for information. At this meeting, the Committee considered the following issues (which are outlined in greater detail in the meeting minutes): 1. Resolution on the renaming of Bass Street and Beach Avenue (Western Section), Inverloch to Evergreen Avenue. Item completed; 2. Resolution of the renaming of Beach Avenue (Central Section), Inverloch to Beacon Court. Item completed; 3. Update on naming unnamed road located at 1680 Korumburra, Wonthaggi Road, Lance Creek to Kookaburra Lane; 4. Wonthaggi Coalfields Caravan Park addressing; 5. Naming of Reserve 1 PS706350 Ventnor Road Cowes to Chadwick Reserve; 6. Other business.
Recommendation That the minutes of the Place Names Committee meeting held on Tuesday, 23 December 2014 be received.
Attachments AT-1 Place Names Committee Minutes 23 December 2014 8 Pages
Bass Coast Shire Council Page 159 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.6 Bass Coast Shire Council Audit Committee
File No: CM14/1380 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the minutes of the Bass Coast Shire Council Audit Committee meeting held on Wednesday, 17 December 2014. Items discussed at this meeting were: • Matters Arising from Previous Minutes . Excess leave balances . Phillip Island Progress Association – progress update • Financial Reports . Finance report . Investment Policy • Risk Management . Risk management framework . Risk management report . Risk management – Use of volunteers by Council • Internal Audits . Animal pound audit by Department of Environment and Primary Industries . Valuations service review . Monitor the internal audit services . Review of Fraud Control Plan • External Audits . VicRoads annual compliance audit 2013/14 • Compliance . Non-compliance and legal counsel engagement report
Bass Coast Shire Council Page 160 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
. Centralisation of Instruments of Delegation • Reporting Responsibilities . Status report on action items identified through the audit program • Assessment of Financial Information . Review of accounting standards • Governance Matters . 2014/2015 Major initiatives for Council progress report – 1 July 2014 – 30 September 2014 . Capital works progress report – 1 July to 30 September 2014 . Business continuity . Recruitment to Independent Chairperson and Independent Members to the Audit Committee • General Business . o Adoption of meeting dates for 2015 . o Items to be listed in the next agenda . o Grants
Recommendation That the Bass Coast Shire Council Audit Committee minutes be received and the recommendations therein adopted.
Attachments AT- CONFIDENTIAL - Bass Coast Shire Council Audit Committee 58 1 Minutes Pages
Bass Coast Shire Council Page 161 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.7 Community Road Safety Committee
File No: CM14/1384 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the Minutes of the Bass Coast Community Road Safety Committee meeting held on Tuesday, 16 December 2014. Items discussed at this meeting included: • 2014-2015 Program Reports (Safe Cycling, Motor Cycle Safety and Safe to School) • Programs for funding applications for 2015-2016 (Safe Cycling, Safe to School and Young Drivers) • Review of Bass Coast Community Road Safety Action Plan 2014-2015 • Roadside memorial markers • Media for Talk Down the Toll and the addition of a library of stock photos • The Committee’s appreciation of the assistance Council provides the Committee, including administrative support and a Councillor as the Chair. Also noted was the addition of a member from the Asset Management team onto the Committee.
Recommendation That Council receives the minutes of the Bass Coast Community Road Safety Committee meeting held on 16 December 2014.
Attachments AT- 2014 12 18 Minutes December Community Road Safety Committee 9 1 Meeting Pages
Bass Coast Shire Council Page 162 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.8 Municipal Fire Management Planning Committee
File No: CM14/1385 Department: Healthy Communities Council Plan Strategic Objective: Natural Environment Our unique natural environment is protected, maintained and enhanced for the enjoyment of all.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the Minutes of the Municipal Fire Management Planning Committee meeting held on Thursday, 11 December 2014. Items discussed at this meeting included: • Evacuation maps prepared for Victoria Police for evacuation purposes • Roadside management planning • Fire prevention calendar update • General Business: . Emergency Management Expo on 8 March 2015 . Information session for aged care facility managers to assist in emergency evacuation planning . Advanced notification of interruption of water supply by South Gippsland Water. This will impact Wonthaggi Hospital and surrounding area Following the meeting committee members visited Harmers Haven for a pre fire season inspection.
Recommendation That the minutes of the Municipal Fire Management Planning Committee meeting held on 11 December 2014 be received.
Attachments AT-1 2014 12 11 Minutes December Municipal Fire Management 4 Pages Planning Committee Meeting AT-2 2014 12 11 Draft Roadside Management Plan 13 Pages AT-3 2014 12 10 Bass Coast Fire Prevention Calendar 2014 - 2015 13 Pages
Bass Coast Shire Council Page 163 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.9 Municipal Emergency Management Planning Committee
File No: CM14/1386 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the minutes of the Municipal Emergency Management Planning Committee meeting held on Monday, 1 December 2014. Items discussed at this meeting included: • Welcome to new representatives from Westernport Water and Department of Environment and Primary Industries • Minutes from September 2014 meeting and actions update • Review of contact details for MEMPC members • Agency reports • Endorsement of the Municipal Influenza/Pandemic Plan Version 1.3 and inclusion in emergency management arrangements as a sub-plan of the Municipal Emergency Management Plan for audit • Endorsement of the Municipal Heatwave Plan Version 1.4 and inclusion in emergency management arrangements as a sub-plan of the Municipal Emergency Management Plan for audit • Endorsement of the Municipal Relief and Recovery Sub Plan and its inclusion in emergency management arrangements as a sub-plan of the Municipal Emergency Management Plan for audit; and endorsement of the Terms of Reference for the Relief and Recovery Sub Committee • Endorsement of the Bass Coast Municipal Emergency Management Plan, submission of the plan for audit and presentation of the plan to Council for endorsement • The Municipal Emergency Management Plan audit process • An update on the Gippsland Municipal Emergency Management Enhancement Group’s Response and Recovery Project • General business
Bass Coast Shire Council Page 164 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Recommendation That the minutes of the meeting of the Municipal Emergency Management Planning Committee held on 1 December 2014 be received.
Attachments AT- 2014 12 01 Minutes December Municipal Emergency Management 7 1 Planning Committee Meeting Pages
Bass Coast Shire Council Page 165 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.10 Bass Coast War Memorial Custodial Committee of Management
File No: CM15/7 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Previous Items: SR9/14 - Bass Coast War Memorial Custodial Committee of Management - Instrument of Delegation - Council - 15 October 2014
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the minutes of the first Bass Coast War Memorial Custodial Committee of Management meeting held on Monday, 17 November 2014. Items discussed at this meeting were: • Purpose of meeting • Review Terms of Reference and Instrument of Delegation • Next steps • General business . Meetings for 2015 . Cenotaphs . Grants . Grantville Cemetery Also attached are the minutes of the Bass Coast War Memorial Custodial Committee of Management meeting held on Monday, 8 December 2014. Items discussed at this meeting were: • Record of Honour Boards update • Round table update from each representative • General business • Meeting schedule for 2015
Recommendation That the minutes of the Bass Coast War Memorial Custodial Committee of Management meetings held on 17 November 2014 and 8 December 2014 be received.
Bass Coast Shire Council Page 166 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments AT- Bass Coast War Memorial Custodial Committee of Management 2 1 minutes 17 November 2014 Pages AT- Bass Coast War Memorial Custodial Committee of Management 3 2 minutes - 8 December 2014 Pages
Bass Coast Shire Council Page 167 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.11 Phillip Island 150th Celebrations Planning Committee
File No: CM15/8 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the minutes of the Phillip Island 150th Celebrations Planning Committee meeting held on Thursday, 18 December 2014. Items discussed at this meeting were: • communications plan • engaging community groups • committee structure • 150th Community Ball • general business.
Recommendation That the minutes of the Phillip Island 150th Celebrations Planning Committee meeting held on 18 December 2014 be received.
Attachments AT-1 Phillip Island 150th Celebrations Planning Committee minutes 2 Pages
Bass Coast Shire Council Page 168 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.12 Community Safety and Events Advisory Committee
File No: CM15/13 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the minutes of the Community Safety and Events Advisory Committee meeting held on Monday, 8 December 2014. Items discussed at this meeting were: • New Year’s Eve Hills Are Alive • Phillip Island NYE 2014 Family Carnival • Events report discussion • Proposed New Events • Reports – Emergency Services, BCSC and Community Representatives • General Business – 2015 meeting schedule, Cowes Activity Plan presentation
Recommendation That Council receives the minutes of the Community Safety and Events Advisory Committee meeting held on 8 December 2014.
Bass Coast Shire Council Page 169 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments AT-1 Community Safety & Event Advisory Committee Meeting Minutes 8 6 Pages December 2014 AT-2 Events Report - 8 December 4 Pages AT-3 Phillip Island Nature Park Enviro News - December 10 Pages AT-4 PISRYP Emergency Risk Assesment NYE 2014 15 Pages AT-5 NYE Carnival 2014 Application permits 4 Pages AT-6 NYE 2014 Thompson Ave Street Plan 1 Page AT-7 NYE 2014 Market Stallholder Application 5 Pages AT-8 PISRYP Insurance for NYE Carnival 2014 1 Page AT-9 NYE 2014 Traders letter 1 Page AT- 2014 NYE Carnival Liability Questionnaire 7 Pages 10 AT- NYE 2014 Market Stall Confirmation 1 Page 11 AT- NYE Communication final 2014 2 Pages 12
Bass Coast Shire Council Page 170 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.13 Public Art Reference Committee
File No: CM15/14 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary The Public Art Reference Committee meets at quarterly and also when needed. There was no meeting in November. Attached are the minutes of the Public Art Reference Committee meeting held on Thursday, 4 December 2014. Items discussed at this meeting were: • Resignation of Public Art Reference Committee Scott Bugbird • Report on Kilcunda Public Art Project • Report on Bass Coast Kinetics@Inverloch sponsorship drive, discussion and decision for the way forward. • Alternative Project for public art for 2014/2015
Recommendation That the minutes of the Public Art Reference Committee meeting held on Thursday 4 December be received.
Attachments AT-1 Public Art Reference Committee Minutes 4 December 2014 5 Pages
Bass Coast Shire Council Page 171 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
G.14 Domestic Animal Management Advisory Committee
File No: CM15/22 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Attached are the minutes of the Domestic Animal Management Advisory Committee meeting held on Monday, 15 December 2014. Items discussed at this meeting: • Governance • Summer Strategy • General Business
Recommendation That Council receives the minutes of the Domestic Animal Management Advisory Committee meeting held on 15 December 2014.
Attachments AT- DAMAC Terms of Reference 4 1 Pages AT- Domestic Animal Management Advisory Committee meeting minutes 3 2 15 December 2014 Pages
Bass Coast Shire Council Page 172 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Performance Monitoring Reports
Bass Coast Shire Council Page 173 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
H Performance Monitoring Reports
Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Jordan Crugnale That agenda items H.1, H.2, H.3, H.4, H.5, H.6 and H.7 be dealt with as a block. CARRIED
Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Jordan Crugnale That agenda items H.1, H.2, H.3, H.4, H.5, H.6 and H.7 be received. CARRIED
H.1 Building Statistics for the month of November 2014
File No: CM14/1328 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Summary Attached is the report detailing the Building Statistics for the month of November 2014.
Recommendation That the Building Statistics report for the month of November 2014 be received.
Attachments AT-1 Building Statistics November 2014 2 Pages
Bass Coast Shire Council Page 174 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
H.2 Building Statistics for the month of December 2014
File No: CM15/38 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Summary Attached is the report detailing the Building Statistics for the month of December 2014.
Recommendation That the Building Statistics report for the month of December 2014 be received.
Attachments AT-1 Building Statistics Report for December 2014 2 Pages
Bass Coast Shire Council Page 175 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
H.3 Planning Permits decided under Delegation - November 2014
File No: CM14/1331 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
PERMITS REFUSED: 140162: Thompson Ward – DPC Refusal (meeting date of 28 November 2014) to construct four two storey dwellings with associated car parking and landscaping located at 6 Gordon Street, Cowes.
PERMITS ISSUED:
Anderson Ward 140303: The construction of a golf cart storage shed located at the Wonthaggi Golf Club at 11 Doctor Sleeman Drive, Wonthaggi.
Churchill Ward Nil.
Hovell Ward 140011: The buildings and works for a dwelling in the Bushfire Management Overlay located at 110 Surf Beach Road, Cape Paterson. 140215: The subdivision of the land into two (2) lots located at 3 Easton Street, Wonthaggi. 140254: The development of a dwelling and shed located at 4 Pine Grove, Wonthaggi. 140268: The subdivision of the land into two (2) lots located at 590 Inverloch- Kongwak Road, Wattle Bank. 140271: The development of the land for a dwelling located at 20 Pearsalls Road, Inverloch.
Leadbeater Ward 130348: The development of a dwelling in a Bushfire Management Overlay (BMO) and removal of native vegetation to allow for the construction of the new dwelling located at Lot 2 LP317824 Acacia Road, Grantville. 140155: The subdivision of the land into two lots and the removal of vegetation – including three Eucalyptus oblique (Messmate) one Eucalyptus radiata (Narrow-leaf Peppermint) and one Acacia floribunda (Sallow Wattle) to allow future construction of a dwelling located at 65-71 Bayview Avenue, Tenby Point.
Bass Coast Shire Council Page 176 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
140179: The use of the land for animal husbandry (for Greyhound keeping) located at 140 Williams Road, Woodleigh. 140230: The development of a dwelling located at 526 Corinella Road, Corinella. 140235: Land consolidation and use and development of the land for a single dwelling located at Lot 2 Loch-Kernot Road, Kernot. 140274: The subdivision of the land into three (3) lots located at 506 Agar Road, Coronet Bay. 140292: Buildings and works – comprising installation of a swimming pool located at 735 Sheepway Road, Krowera.
McHaffie Ward 140064: Develop the land for a dwelling and a garage located at 56 McHaffie Street, Ventnor. 140131: The subdivision of the land into three (3) lots located at 59-69 Lyall Street, Ventnor. 140261: This permit replaces Permit 060730d for the multi-lot subdivision of land located at Lot A PS626843G Waterford Drive, Cowes.
Thompson Ward 140113: The alterations and additions to the existing dwelling located at 2/13 Steele Street, Cowes. 140190: The construction of a dwelling exceeding seven metres in height located at 7/37 Stradbroke Avenue, Cowes. 140225: The development of the land for two dwellings located at 3 Cornwall Avenue, Cowes. 140300: The removal of one tree (Coast banksia – Banksia integrifolia) in poor condition and considered a danger to person and property located at 10 Bruce Road, Cowes (Silverleaves).
Townsend Ward 140245: Buildings and Works – associated with a Section 2 Use (Indoor Aquatic Slide Activity Building) ancillary to the existing swimming pool located at 2 Cuttriss Street, Inverloch. 140250: A variation to building outside of the building envelope on restrictive covenant PS604735J located at 54A Toorak Road, Inverloch. 140280: The construction of an observation tower (Inverloch Surf Life Saving Club) at Foreshore Reserve, Surf Parade, Inverloch.
Recommendation That the report be received.
Bass Coast Shire Council Page 177 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments There are no attachments for this report.
Bass Coast Shire Council Page 178 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
H.4 Planning Permits decided under Delegation - December 2014
File No: CM15/25 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
PERMITS REFUSED: 130041: Churchill Ward - DPC Refusal (meeting date of 12 December 2014) to construct two single storey dwellings located at 2 Seafoam Street, Surf Beach. 140359: Hovell Ward - VicSmart – Display of advertising signage at 32 McBride Avenue, Wonthaggi.
PERMITS ISSUED:
Anderson Ward 140059: The subdivision of the land into four (4) lots located at 12 Breeze Court, San Remo. 140060: The subdivision of the land into three (3) lots located at 9 Breeze Court, San Remo. 140149: The subdivision of the land into three (3) lots located at 58 Genista Street, San Remo. 140160: The development of six dwellings located at 36-38 White Road, North Wonthaggi. 140195: Development of a dwelling and vary the restrictive covenant at 92-94 Shetland Heights Road, San Remo. 140256: The development of a dwelling in the Significant Landscape Overlay, Schedule 1 located at 6-8 Golf Club Drive, San Remo. 140325: Application under Clause 63 Existing Use Rights for a motel located at 140 McKenzie, Street, Wonthaggi. 140327: The creation of carriageway and drainage easements located at 86, 88, 90 and 92 Back Beach Road, San Remo.
Churchill Ward 130396: The construction of a second dwelling, two (2) lot subdivision and vegetation removal, including 1 Peppermint Willow, 1 Coral Gum, 1 Flowering Gum, 1 Coast Banksia and 1 River Sheoak and three trees identified as low significance to allow for the construction of the second dwelling located at 100 The Esplanade, Cape Woolamai.
Bass Coast Shire Council Page 179 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Hovell Ward 130330: The use and development of the land for a dwelling and ancillary outbuilding located at CA41C Wilsons Road, Cape Paterson. 140102: The development of two (2) dwellings located at 57 Merrin Crescent, Wonthaggi. 140231: Subdivide the land into three lots at 48 Billson Street, Wonthaggi. 140270: The subdivision of the land into two (2) lots located at 28 Wishart Street, Wonthaggi. 140278: The installation of a swimming pool located at 1/12 Pinnacle Close, Cape Paterson. 140326: The development of a shed located at Lot 1 PS128262 Bass Highway, Inverloch.
Leadbeater Ward 140105: The use and development of the land for a dwelling with ancillary studio/workshop located at 242 Bay Road, Jam Jerrup. 140196: Buildings and works to construct a dwelling and ancillary outbuilding located at 595 Nyora-St Helier Road, Woodleigh. 140257: The development of a single dwelling located at 486 Sheepways Road, Krowera. 140259: The use and buildings and works for construction of an artist studio associated with the existing dwelling located at 640 Bass Highway, Jam Jerrup. 140309: The use of the land for a cattery located at 185 MacKay Road, Woolamai.
McHaffie Ward 140161: The development of a dwelling in the Bushfire Management Overlay located at 8 Toscana Rise, Cowes. 140251: The development and use of a second dwelling located at 65 Churchill Drive, Cowes. 140346: Use of the land for a Place of Assembly (Chapel), including associated buildings and works and signage located at 116 Gap Road, Cowes. 140356: The removal of one Lilly Pilly (Syzygium austral) due to the trees location to the proposed dwelling from 10 Mountainview Avenue, Ventnor.
Thompson Ward Nil.
Townsend Ward 140239: Subdivide the land into two lots at 2-4 Abbott Street, Inverloch. 140279: The removal of native vegetation in the Road Reserve to facilitate an approved access point to an approved subdivision located at Inverloch- Venus Bay Road, Inverloch.
Bass Coast Shire Council Page 180 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
140304: The development of a dwelling located at 6 Waterview Avenue, Inverloch. 140332: The removal of two (2) trees (Eucalyptus radiata) in poor health and posing a risk to person and property located at 36a and 36b Williams Street, Inverloch. 140339: The amendment of building envelopes on Lots 57-72 (inclusive), omit Lot 64 from Restriction No. 2 and allow a second dwelling on Lot 63 located at Ovata Place and Tea Tree Court, Inverloch (also known as Paperbark Place).
Recommendation That the report be received.
Attachments There are no attachments for this report.
Bass Coast Shire Council Page 181 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
H.5 Planning Statistics for the month of November 2014
File No: CM14/1332 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Summary Attached are the reports detailing the Planning Statistics for the month of November 2014.
Recommendation That the report be received.
Attachments AT-1 Planning Permit Statistics - November 2014 2 Pages AT-2 Town Statistics - November 2014 1 Page
Bass Coast Shire Council Page 182 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
H.6 Planning Statistics for the month of December 2014
File No: CM15/26 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.
Summary Attached is the report detailing the Planning Statistics for the month of December 2014.
Recommendation That the report be received.
Attachments AT-1 Planning Permit statistics - December 2014 2 Pages AT-2 Towns Statistics - December 2014 1 Page
Bass Coast Shire Council Page 183 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
H.7 Contracts Awarded Report
File No: CM15/55 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The author has no direct or indirect interests in relation to this report.
Summary 1 November to 31 December 2014 Since the December report, the following contracts have been formed under the Chief Executive Officer’s Instrument of Delegation.
Contract Description Contractor Contract Sum No.
14001 Construction of Jetty - SMC Marine Pty Ltd $577,000.00 Anderson Road Cowes
14031 Newhaven Recreation Lasergrade Pty Ltd $307,399.00 Reserve – Oval Improvements
14043 Design & Construct of J & R Industries $157,844.18 Pedestrian Footbridges – Inverloch Foreshore & Ventnor
14044 Boat Ramp Inspections Cowes Boat Hire $64,680.00 and Routine Maintenance
Contracts Awarded by Council Since the December report, no contracts have been accepted or formed by specific resolution of the Council.
Recommendation That the Contracts Awarded report be received.
Bass Coast Shire Council Page 184 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Attachments AT-1 14001 1 Page AT-2 14031 2 Pages AT-3 14043 2 Pages AT-4 14044 1 Page
Bass Coast Shire Council Page 185 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Watching Bass Coast
Bass Coast Shire Council Page 186 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
I Watching Bass Coast
Council Decision Moved: Cr. Phil Wright / Seconded: Cr. Bradley Drew That agenda items I.1, I.2, I.3 and I.4 be dealt with as a block. CARRIED
Council Decision Moved: Cr. Phil Wright / Seconded: Cr. Bradley Drew That agenda items I.1, I.2, I.3 and I.4 be received. CARRIED
I.1 Events Update
File No: CM14/1330 Department: Sustainable Development and Growth Council Plan Strategic Objective: Economic Development Our economy is supported by diverse, local and innovative businesses and employment.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council supports community and private events which create economic and social benefits for the region and enhance resident, participant and visitor experience. This support may take the form of planning, promotions, financial or in kind and has the objective of maximising the benefits of events while minimising their negative impact on the community
Introduction One of the key recommendations of the 2012 Events Policy was to improve communication with Council. To help implement this recommendation a monthly Watching Bass Coast Report which identifies potential new events or significant changes to existing events will be presented to Council. The report will also list upcoming events and briefly report on events completed in the previous month.
Bass Coast Shire Council Page 187 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Strategic Basis Bass Coast Shire Council Plan 2013 -2017, Objective 04 Economic Development lists the following strategy in relation to events: • Promote Bass Coast as an all year unique tourism and events destination
Finances Council provides a range of funding through its community grant program to events in Bass Coast along with providing support for events through Council Officers time and planning expertise.
Stakeholders • Council • Ratepayers & community • Visitors • Event organisers • Event patrons • Emergency services
Statutory Requirements/Codes/Standards/Policies Council's Events Policy - adopted June 2012
Other Options A monthly Watching Bass Coast report to Council was considered the most effective means of providing a regular update to Council about upcoming events.
Officer’s Comments/Conclusion 1. Events completed in the previous report period (November): Dream night at the Zoo Maru Koala and Animal Park 13 November The annual open day for sick and disadvantaged children was again a great success with approximately 350 special guests in attendance in perfect weather. Funded by local businesses and Council and supported by CFA and Lions Club the night was very well received by all involved. Council supports this event through the community grants program with cash and in kind support. It is recommended that this level of support continue for the 2015 event. V8 Supercars 14-16 November Attendance numbers were disappointing with less than 30,000 people in attendance over the three days. The Championship was decided on the event Saturday and this together with unstable weather on the Sunday contributed to a much smaller crowd on that day than expected. This event is going through a significant restructure with the end of manufacturing in Australia of Ford and Holden vehicles.
Bass Coast Shire Council Page 188 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
With a minimal crowd in attendance management of the event was straight forward and there was barely the need for traffic management operation. The level of traffic management support from Council will be reviewed before next year’s event. Bass Coast Cycle Challenge Inverloch 15 November Good weather helped attract a record 570 participants for this multi distance cycling event which started and finished in A’Beckett Street Inverloch. Most of the competitors took on the longer distance routes which took in the hills around Outtrim, Glen Forbes and the Bunarong Coast road. Organised by the Bass Coast Barracudas Triathlon Club a significant portion of the proceeds goes to a driver/rider education program for pre license age young people. Council supports this event through the community grants program with cash and in kind support. In kind support included assistance with planning, promotion, event equipment and traffic management. It is recommended that this level of support continue for the 2015 event. Inverloch Family Fun Day 16 November Unfortunately this day was affected by unstable weather and the prediction of heavy rain. The early morning fun run took place but the billy cart derby and family activities were cancelled for safety concerns. The skateboarding competition component of the day was rescheduled to the following week and drew fair numbers given the last minute date change. Council supports this event through the community grants program with cash and in kind support. In kind support included assistance with planning, promotion, event equipment and traffic management. It is recommended that this level of support continue for the 2015 event. Phillip Island Jazz Festival Cowes 21-23 November Each day of the festival was at or very close to capacity. The Friday night opening attracted 120 people while Saturday and Sunday sessions each drew around 180 enthusiasts. Held at the Ramada Resort in Cowes visitors came from around the state and interstate and made up approximately 80% of those in attendance. 40% of patrons were first timers. The organisers are looking at options to increase capacity and will investigate the possibility of bringing in a marquee for next year’s event. Council supports this event through the community grants program with cash and promotional support. It is recommended that this level of support continue for the 2015 festival. Shearwater Festival Cowes 22-23 November This year’s festival mainly took place in Cowes with many of the activities being held at the Cultural Centre. After morning workshops the festival was kicked off by a colourful street parade featuring school children led by a large shearwater sculpture. Several hundred people joined the parade which was followed by a smoking ceremony on the foreshore and indigenous song and dancing. Walks and presentations took place at the shearwater rookeries at Cape Woolamai and a concert in the Cultural Centre concluded the weekend activities.
Bass Coast Shire Council Page 189 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Council supports this event with cash and in kind support. In kind support included assistance with planning, promotion, event equipment and traffic management. The Festival is celebrated to this level every second year and it is recommended that these arrangements continue for future years. Phillip Island Small Farm and Lifestyle Expo 22-23 November The Phillip Island Grand Prix Circuit hosted this expo to showcase the latest agricultural equipment and technology pitched to hobby farmers and smaller farm lot owners. There were 100 stalls and exhibitions and approximately 2,400 people attended over the two days. While it was hoped to attract more visitors feedback was very positive from both exhibitors and patrons. This event has great potential and a lot was learnt from the way this one went. Council supported this event with promotion, exhibits and speakers and this level of support should continue for future expos. Relay for Life Cowes 29-30 November Coming just three weeks after a similar event in Wonthaggi the relay still managed to attract 11 teams and 200 participants and raised approximately $15,000 for cancer research. Held at the Cowes Recreation Reserve it has been running for many years and is put on by a community organising committee under the auspice of the Cancer Council of Australia. There has been some discussion about merging this event with the one at Wonthaggi for next year. Council supports this event with promotion event equipment and planning assistance. This level of support should continue in future though having a single annual Bass Coast event which moves around the Shire should be investigated. Grantville Ute & 4WD Show ‘n Shine 30 November Approximately 500 people attended this event at the Grantville Recreation Reserve where 60 vehicles were on display. Now an annual event it is put on by the Kernot Grantville Fire Brigade to help raise money for its operations. The organisers were very pleased with the outcome. Council supports this event through the community grants program with cash and promotional support. It has now been run successfully for the previous two years and should be added to the recurring events list with the same level of support for 2016. National Vietnam Veterans Museum Fun Run – 7 December This inaugural Fun Run/Walk from the Cowes RSL to the Vietnam Veterans museum attracted around100 participants in terrible weather conditions. Concluding at the Vietnam Veterans Museum the 5km course began at the Koala Reserve while the 10km began at the Cowes RSL and took in the shared walkways on Phillip Island Road. Organised by the daughter of a Vietnam Vet with the support of the Phillip Island RSL and the Vietnam Veterans Museum its objective was to raise awareness and support the health and wellbeing of Vietnam Veterans. The organisers hope to make it an annual event possibly to recognise a significant event or battle during the Vietnam conflict.
Bass Coast Shire Council Page 190 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Council supported this event with planning assistance, event equipment and provided traffic management. It would fit the eligibility criteria for a community event grant and the organisers will be encouraged to apply for a grant in 2015. Grantville Carols by Candlelight – 7 December Originally scheduled for this date it was postponed until the 21 of December because of bad weather. The rescheduled event still attracted around 200 people and the organisers Grantville and District Business and Tourism Association were very happy with the outcome noting that the night attracted many young people. Council supported this event through the Arts & Culture operational budget with cash and promotional support. The funding and support of all carols event across the Shire will be reviewed for 2015 with the intention that they will become part of the Community Grants Program. Bass Coast Barracudas Triathlon – 7 December The first of the three leg series starting and finishing in Inverloch was held in very trying conditions which significantly reduced the participant numbers to around 40. Council supports the event with planning and promotional support and provides event and traffic management equipment. This level of support should continue for the remaining events in the current season. Carols by Candlelight San Remo 12- December Held on the San Remo Foreshore in pleasant weather conditions the event drew around 600 people. Organised by the San Remo and Newhaven Lions Club the set up was reconfigured to take up more of the grassed area of foreshore and this was well received. The carols were preceded by family orientated activities put on by the traders association. The evening concluded with the lighting of the Norfolk Island pine tree on the foreshore and overall was a terrific event. Council supported this event through the Arts & Culture operational budget with cash and promotional support. The events team provided equipment, traffic management and planning and promotional support. The funding and support of all carols event across the Shire will be reviewed for 2015 with the intention that they will become part of the Community Grants Program. Christmas at the Bay Coronet Bay – 13 December Held on the Coronet Bay Foreshore and preceded by family orientated activities this carols event attracted around 500 people on a perfect night. The organisers the Coronet Bay Recreation Reserves Committee of Management were very happy with the event which received positive feedback from all involved. Council supports this event through the Arts & Culture operational budget with cash and promotional support. The events team provided equipment, traffic management and planning and promotional support. The funding and support of all carols event across the Shire will be reviewed for 2015 with the intention that they will become part of the Community Grants Program.
Bass Coast Shire Council Page 191 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Carols by the Bay Cowes – 16 December This year’s proposed Carols by Candlelight on the Cowes Foreshore, family carnival activities and fireworks display were cancelled due to extreme weather. All involved with the event were very disappointed given they had set up before having to call it off because of dangerous wind squalls. The cancellation of the fireworks incurred a 30% of cost cancellation fee which is standard for the industry. Council supported this event through the Arts & Culture operational budget with cash and promotional support. The events team provided equipment, traffic management and planning and promotional support. The funding and support of all carols event across the Shire will be reviewed for 2015 with the intention that they will become part of the Community Grants Program. Inverloch Community Carols – 16 December Organised by the Interchurch Council and held in the Inverloch Hub this event has now been running for 5 years. Though held indoors it was also affected by the extreme weather event which took place that evening. Around 300 people attended with the Inverloch Kongwak Primary School being very involved. This carols event is the only one in the Shire held indoors and this is attractive for some patrons in that it is more comfortable and encourages a greater singing involvement from the attendees. Council supported this event through the Arts & Culture operational budget with cash and promotional support. The funding and support of all carols event across the Shire will be reviewed for 2015 with the intention that they will become part of the Community Grants Program. Wonthaggi Carols by Candlelight – 21 December Organised by the Interchurch Council and held on Wishart’s Reserve this year’s event drew a record crowd of around 800 on an ideal evening weatherwise. The organisers and supporting service clubs were very pleased with the outcome and feedback from all involved was very positive. Council supported this event through the Arts & Culture operational budget with cash and promotional support. The events team provided equipment, traffic management and planning and promotional support. The funding and support of all carols event across the Shire will be reviewed for 2015 with the intention that they will become part of the Community Grants Program. Beyond the Valley Festival 30-31 December This inaugural event at the Pyramid Rock site attracted in excess 8,500 patrons and by all accounts was very well run. Patrons accessing the event caused minimal disruption to other traffic. Significant congestion on Phillip Island Road and the Bass Highway on 26- 28 December was attributed to the Festival even though the gates did not open until December 29. All emergency services involved reported they were pleased with how it went and that the organisers had fulfilled their requirements. The festival attracted a solid number of locals and feedback was positive. Patrons who left the venue before midday on New Year’s Day had a relatively smooth exit. After that time the trip took considerably longer as Phillip Island Road reached capacity in the early afternoon. All in all New Year’s Day traffic was good by usual standards and the fact that it was so close to the weekend probably helped.
Bass Coast Shire Council Page 192 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
New Year’s Eve 31 December Inverloch: The fireworks display at the Inverloch Recreation Reserve was very well attended with around 5,000-6,000 people present when the fireworks were set off at 9.30pm. The crowd was mainly family groups who created a picnic environment and began filing into the reserve from around 6.00pm. Crowd behaviour was excellent and the high quality display was very well received. The annual carnival set up at the Riley Street end of the reserve was very popular and the Inverloch Football/Netball Club opened its facilities to help service the crowd. The mass exit from the reserve after the fireworks was orderly though consideration should be given to closing Riley Street for a short time after the fireworks for future events. Coronet Bay: Crowds began filing in to the foreshore from around 5.00pm for the annual New Year’s Eve Festival put on by the Coronet Bay Reserves Committee of Management. Around 4,000-5,000 people were on hand for the 9.30pm fireworks which too was a high quality display and well received by the crowd. Food stalls and activities were very busy and the organisers were very pleased with the outcome. Traffic management measures put in place to help control the chaotic mass exit after the fireworks worked as well as possible given the constraints of the venue. Additional lighting for exit operation should be considered for next year. Cowes: The Cowes Carnivale in Thompson Avenue attracted a very good number of stalls and activities and drew solid numbers throughout the day and evening. Feedback from permanent traders, stallholders and the public was generally very positive. This event has great potential but requires a much more timely and coordinated approach to its planning. The scale and duration of the Carnivale is very significant and the planning and resourcing necessary to make it compliant is also very substantial. The organisers, Phillip Island and San Remo Young Professionals are to be congratulated for organising a really good event. The planning process will need to begin much earlier in future to ensure the Carnivale is a safe and compliant festival. Crowd numbers in Cowes after the Carnivale were not excessive though Police reported a worrying number of drug affected young people. Emergency Services resources were stretched later in the evening and the medical facilities at the Beyond the Valley Festival were used to help support drug cases from Cowes. Police identified the need for a first aid and security presence and a youth service such as “Red Frogs”. The Esplanade and Thompson Avenue were finally cleared at around 3.00am on New Year’s Day. Council supported the event with planning and traffic management. It would meet the criteria for a community event grant and the organisers will be encouraged to apply for a grant in 2015. Phillip Island Multi Sport Festival 2-4 January Held at the Phillip Island Grand Prix Circuit this family orientated sporting event was reduced to a single day due to minimal interest. Around 500 people participated and there is a demand for this type of activity. Although the promoter was positive about the outcome he was relatively inexperienced and the event suffered from a lack of promotion.
Bass Coast Shire Council Page 193 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Though this was a commercial event Council assisted the organisers with planning and promotional support. Cape Paterson Family Festival - 3 January Normally held in mid January this Life Saving Club fund raiser shifted the date forward with the intention of taking advantage of the New Year crowd. Unfortunately it struck a 40 degree day with very strong winds and though it went ahead it was on a reduced scale. Around 1,500 people still attended however the newly introduced children’s beach activities struggled in the conditions. The organisers believe the new date will be positive for the future if the weather is a bit friendlier. Council supports this event through the community grants program with cash and promotional support. It is recommended that this level of support continue for the 2016 event. New Year’s Day Race Meeting Woolamai – 1 January The Woolamai and District Racing Club secured a New Year’s Day meeting for the first time and attracted around 2,500 to the day. Competition among racing clubs is very strong to host a New Year’s Day meeting and the racing club is hopeful but not confident about securing this meeting in future. Music in the Glade - 3 January The free to the public twilight music event in the Glade put on by the Inverloch Rotary Club was rescheduled to the following evening because of extreme weather. Although numbers were a bit less than normal because of the change of date the organisers were pleased with the outcome. Approximately 200 people took advantage of the entertainment. Council provides waste management support for this event which the Rotary Club sees as an opportunity for it to give something back to the community. Bass Coast Barracudas Triathlon – 4 January The second of the three leg series was held at Cape Paterson and drew a record 112 competitors. For the first time a significant portion of the Bunarong Coast Road was closed for three hours to accommodate the cycle leg. The closure allowed local access and made it considerably safer for the participants. The weather for the day was fairly cool and as a result there was not a lot of traffic wanting to use the road. The timing of the event should be reviewed in future if the Coast Road is to again be closed for the event. Council supported the event with planning and promotion support and traffic management and event equipment. Kustom Nationals 9-11 January The weather forecast for that weekend was for significant rain and though it never eventuated it impacted on the crowd numbers for a number of events during that period. The car display on the San Remo Foreshore and Marine Parade on Friday afternoon attracted around 300 display cars and a steady crowd of spectators until its 9.30pm conclusion. Though the weather threatened there was minimal rain and the display and entertainment went without any issues and was well received by those attending. Bass Coast Shire Council Page 194 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Thompson Avenue, the Jetty Triangle and the Esplanade quickly filled with cars from 3.30pm on Saturday and were at capacity by 5.30pm. Approximately 250 cars occupied all the space available and several thousand people wandered through the display and took in the bands that performed. A total of approximately 5,000 people and cars attended the event at the GP Circuit over the weekend. The organisers though happy with the outcome believed the consistent forecast of heavy rain impacted on their numbers. Council supports the community component of this event with planning, equipment, traffic management and entertainment in Cowes. Bass Coast Show Wonthaggi - 10 January The ever popular show attracted around 4,500 patrons and was clearly impacted by the bad weather forecast that did not eventuate. The quality of the attractions was again of a very high standard with a good spread of activities over the whole day. The equestrian event on Sunday also attracted good numbers and was an excellent day. The organisers were very pleased with the outcome though they believe the weather forecast was the reason for a 20% drop in overall crowd numbers. Council supports this event through the community grants program with cash and in kind support. In kind support included assistance with planning, promotion, and event equipment. There is also a significant presence from Community Safety team. It is recommended that this level of support continue for the 2016 event. Phillip Island Model Railway Show – 10 January The annual model railway display at the Cowes Cultural Centre again drew very good numbers through the doors. A couple of last minute exhibitor cancellations was again attributed to the weather forecast. Visitor numbers were around 400 over the two days and the organisers were pleased with how it went. Council supports this event through the community grants program with cash and promotional support. It is recommended that this level of support continue for the 2016 event. Cape Paterson Aquathon – 18 January The first leg of the Bass Coast series of Biathlons had a very tough surf beach swim which tested the competitors and caused a few withdrawals. All up 118 competitors (with many locals) took on the challenging swim and 4km run through the streets. The organisers the Cape Paterson Surf Life Saving Club were happy with the way it went. Council supports this event through the community grants program with cash and promotional support. It is recommended that this level of support continue for the 2016 event. The development of the Cape Paterson Eco Village will hopefully allow more of the run leg to be kept off road for future events. The run leg will be reviewed before next year’s event.
Bass Coast Shire Council Page 195 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Island Classic – 23-25 January The 24th international classic motorcycle racing event at Phillip Island G.P. Circuit drew a record number of competitors with teams representing Australia, New Zealand, England and the USA. For the first time in its history the English team was victorious. Final numbers were not available at the time of writing this report, but the crowd numbers continue to grow. A few internal operational changes were well received and feedback from all stakeholders was very positive. The Island Classic is regarded one of the premier classic motorcycle racing events in the world. Inverloch Classic Wooden Dinghy Regatta 24-26 January The South Gippsland Yacht Club’s revival of interest in classic wooden boats continued with its Australia Day weekend regatta at Inverloch. Solo round the world sailor Jessica Watson was a guest of the event and the presentation she gave to the full house at the Hub was an outstanding success. Regatta numbers were affected by strong winds on Sunday but overall it went very well and the organisers are keen to grow the event in future. Council supports this event through the community grants program with cash and in kind support. In kind support included assistance with planning, promotion, and event equipment. It is recommended that this level of support continue for the 2016 event. Kilcunda Lobster Festival 25 January The 31st annual Lobster Festival on the Kilcunda Foreshore overcame early rain and strong winds to once again attract a very big crowd. Though patron and stall numbers were down on last year the crowd over the course of the day was still estimated to be 4,000-5,000. Traffic management and pedestrian safety remains a significant issue for the festival and the formalised pedestrian crossing and extended speed restriction zone was a very positive safety measure. Council supports this event through the community grants program with cash and in kind support. In kind support included assistance with planning, promotion, and event equipment. The cash component of the grant was increased for this event to help offset the cost of additional traffic management. It is recommended that this level of support continue for the 2016 festival. Wonthaggi Power F.C. Show’n Shine – 26 January This vintage car and swap meet at the Wonthaggi Recreation Reserve also had to endure heavy morning rain and strong winds. After a slow start numbers built up over the course of the day and it turned out to be a very successful event. Organisers the Wonthaggi Power Football Netball Club were very pleased with the total attendance which consisted of 264 exhibitors and in excess of 2000 patrons. Council supports this event through the community grants program with cash and in kind support. In kind support included assistance with planning, promotion, and event equipment. It has now been run successfully for the previous two years and should be added to the recurring events list with the same level of support for 2016.
Bass Coast Shire Council Page 196 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Australia Day -26 January Council supported Australia Day activities took place across the Shire and were all well received. Wonthaggi: Around 350 people attended the annual Rotary Club celebration at the Art Centre which included a citizenship ceremony. Cowes: 200-250 people attended the Rotary Club Town Square celebrations. Corinella: 200 people attended the BBQ with family activities on the Esplanade Reserve Pioneer Bay: The Australia Day musical event at the Pioneer Bay Reserve attracted around 600 enthusiastic participants. The funding and support for all Australia Day community celebrations will be reviewed for 2016 with the intention that they will become part of the Community Grants Program. JJJ Beach Day January 26 The proposed JJJ Beach Day for the Cowes Foreshore was cancelled due to the lack of time necessary to complete all the planning requirements and to properly promote the day. 2. Upcoming Events: Kilcunda Half Marathon 1 February A half marathon event commencing at the Kilcunda Foreshore taking in the Rail Trail and George Bass Walk. San Remo Channel Challenge 7 February The 30th anniversary staging of the Channel Challenge is already attracting strong interest and the organisers are hoping for a record field. Woolamai Cup Day 7 February The biggest day on the local racing club calendar normally attracts its biggest crowd for what is its signature event of the season. World Superbikes 22-24 February Early interest is encouraging for the first event of the 2015 World Superbikes season. Serenade at Sunset 28 February Grantville Now its fifth year this event has struggled to find a home having been at 3 different locations to date. This year it will be held at the Grantville Recreation Reserve which is well suited for the event and will hopefully become its permanent home. Cowes Classic/Swim Classic 28 Feb & 1 March The final leg of the Bass Coast Series of Biathlons and the annual Classic Swim event on the Cowes front beach. San Remo & Phillip Island Art and Photographic Show 6-9 March Biennial Art and Photographic Show at the San Remo Recreation Centre organised by the Phillip Island & San Remo Rotary.
Bass Coast Shire Council Page 197 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Inverloch Jazz Festival 6-9 March Now in its 22nd year this year’s festival will have a greater indoor focus with an increased use of the Hub as a venue. Cowes Night Market 7 March The second last of this seasons extremely well patronised twilight market in the Cowes Jetty Triangle. San Remo Fishing Village Festival 8 March Annual fishing and sea related festival on the San Remo Foreshore coordinated by the Kilcunda Bass Football Netball Club. 3. New events / Matters of interest to Council: 2015 PCAV State Dressage and Show Jumping Championships Wonthaggi 21-22 February The Wonthaggi Pony Club is hosting this year’s Pony Club Association of Victoria State Dressage and Show Jumping Championships. It is expected to attract 300 - 400 riders from around the state over the two days. Council’s Events team is working with the club to develop appropriate risk and emergency and traffic management plans Southern Gippsland Sustainability Festival 29 March Wonthaggi A joint initiative by the Bass Coast and South Gippsland Shires it will be hosted each alternate year at Coal Creek in Korumburra and the State Coal Mine in Wonthaggi. Bass Coast will host the 2015 festival at the State Coal Mine. 4. Filming Activities No Filming permits have been issued during the reporting period.
Recommendation That the Events Update report be received.
Attachments There are no attachments for this report
Bass Coast Shire Council Page 198 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
I.2 Continuous Improvement Report - Fire Hazard Inspection Process
File No: CM15/24 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.
Declaration The author has no direct or indirect interests in relation to this report.
Summary Council takes its fire management and fire hazard inspection responsibilities from the Country Fire Authority Act 1958. Council Officers conduct inspections of private properties prior to, and during, the designated Fire Danger Period to assess them for fire hazards. Properties deemed to be a high fire risk either to themselves or to their immediate neighbours are issued with a Fire Prevention Notice instructing the landowner to carry out certain works to reduce the risk. Landowners are given a period of time in which to comply before a second round of inspections are conducted. Council Officers will enter land and carry out fire hazard reduction works when landholders do not comply with their Fire Prevention Notice, and pass the cost of the works back to the property owner. A new mobile tablet computer-based application has greatly improved the process for recording and monitoring these inspections.
Introduction The process for fire inspections of private land prior to 2013 was manual and labour intensive. It used hard copy map books to develop and record inspection programs, digital cameras for recording evidence of noncompliance and spreadsheets for recording of notes taken in the field and interactions with customers. The process provided many opportunities for human error, double handling of information and loss of documentation. The manual aspects of the process meant it was very time consuming and made managing inspection data and interactions with landowners more difficult than necessary. The process was a prime candidate for an improvement in light of new mobile technologies available that could offer significant productivity gains and efficiencies.
Where are we now? In 2013 a project team was developed with representatives from the Community Health and Wellbeing (formerly Community Safety), Information Technology and Asset Management/GIS Teams. The project team’s aim was to develop or identify a system that could be used to improve the inspection process. The membership ensured an integrated approach to Council’s systems and mapping platforms and the identification of a system that could be supported through available remote access and mobile technologies.
Bass Coast Shire Council Page 199 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
In September 2013 a new tablet-based fire inspection application was developed by an external provider Datalink. Datalink produce Crisisworks, an incident management system already in use by Council and all other Councils in Gippsland, for emergency management and relief and recovery. The system was developed specifically for Victorian LGAs and offered a mobile mapping service application that would provide accurate identification of properties in the field and the ability to use a tablet computer to record information relating to inspections completed. As the system offered a solution to many of the identified failings in the current inspection process it was decided to trial the system in the field during the 2013-2014 fire prevention inspection period.
Where are we going? Using the tablet-based fire inspection application, Fire Prevention Officers are now able to develop and implement a more effective risk based inspection program. In the office, high risk properties and localities are added to the application and proactive inspections scheduled. Council Officers use the Victorian Fire Risk Register to schedule inspections during November and December to identify high risk properties. Officers undertaking inspections in the field can use the application to log a new Fire Prevention Notice against an offending property. The system provides a single location for the recording of these properties, storage of relevant photographic evidence and a place to record detailed notes on the property and the treatments that are required to reduce or remove the fire hazard. Accurate property identification is provided by the application’s in-field access to mobile web mapping layers and uploaded information from Council’s property database. This reduces the likelihood of incorrect properties receiving notices which did occasionally occur when using map books. The system reduces the manual recording and transposition of data during these inspections that leads to less lag between the inspection taking place and the notice being sent and allows for accurate notes to be collected by the inspecting officer when on site. Any interactions with the recipients of the notices can also be recorded on the system, either in-field or in the office. The application also tracks the inspection path taken when in the field. This provides evidence of areas that have been inspected by Council Officers and the dates these inspections were undertaken. Officers are also assigned follow-up inspections through the system, to ensure that landowners that have received a notice have remedied the hazard. This provides an automated reminder when the sites have to be reinspected ensuring none are missed during the reinspection process.
How do we get there? A number of Fire Prevention Officers across Gippsland trialled the module during the 2013-2014 fire season. They provided feedback directly to Datalink including requests for additional features, modifications and improvements. This collaborative approach to product development meant the module was refined quickly to user specifications.
Bass Coast Shire Council Page 200 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Make the journey The system was used during the 2013/2014 Fire Prevention Inspection process period and was effective in managing the inspection process, The tablet-based fire inspection application is again being used very successfully during the 2014/2015 season.
How did we go? The benefits of this system over the manual process are significant and include the immediacy and accuracy of the data captured and the elimination of any unnecessary or duplicated administrative activities. The process has enhanced compliance by property owners due to photos being readily available to the inspecting Officer and customers quickly and easily when required. The collection of photos and notes on site has allowed for a more accurate description of necessary works to be undertaken which are included in Notices and in discussions with property owners. The application also provides for improved evidence collection capacity leading to improved opportunities for prosecution if Notices are not complied with. There are still a number of improvements that are being fed back to the developers to further enhance the application for Fire Prevention Inspections. Further investigation is also being undertaken as to how the system might be used to record works undertaken by Council in our foreshore and bushland reserves. Supporting the development of the fire inspection application with other Gippsland LGAs and the software developers has led to an improved application and an opportunity to enhance relationships with the developer at the Fire Prevention Officer level.
Recommendation That the Continuous Improvement – Fire Hazard Inspection Process report be received.
Attachments There are no attachments for this report.
Bass Coast Shire Council Page 201 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
I.3 Assembly of Councillors Report
File No: CM14/1327 Department: Corporate Services Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The reporting officer has no direct or indirect interest in this matter
Summary Section 80A of the Local Government Act 1989 requires all assembly of Councillors records to be reported on at the next practicable ordinary meeting of Council and to be recorded in the minutes of that meeting. This report intends to fulfil the requirements of the legislation.
Introduction The Local Government and Planning Legislation Act 2010 was proclaimed on Friday 24 September 2010, making amendments to the Local Government Act 1989 (the Act). The amendments included changes to the definition of ‘assembly of Councillors’ as well as to the requirements of such an assembly. Section 76AA of the Act now defines an assembly of Councillors as ‘a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be- a) the subject of a decision of the Council; or b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee- but does not include a meeting of the Council, a special committee of the Council, an audit committee established under section139, a club, association, peak body, political party or other organisation.’ Section 80A requires a written record to be kept of all such assemblies, stating the names of all Councillors and Council staff attending, the matters considered and any conflict of interest disclosures made by a Councillor. These records must be reported, as soon as practicable, at an ordinary meeting of the Council and recorded in the minutes. Below is a summary of all assembly of Councillors records since the last Ordinary meeting of Council.
Bass Coast Shire Council Page 202 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Date Assembly of Councillors Councillors in attendance 19 November Councillors and Executive All Councillors 2014 Team 24 November Domestic Animal Management Cr Brown 2014 Advisory Committee 1 December Municipal Emergency Cr Le Serve 2014 Management Planning Committee 8 December Community Safety and Events Cr Brown 2014 Advisory Committee 15 December Domestic Animal Management Cr Brown 2014 Advisory Committee 12 January 2015 Community Safety and Events Cr Brown Advisory Committee 28 January 2015 Policy Workshop Cr Brown, Cr Le Serve, Cr Phillips, Cr Crugnale, Cr Wright, Cr Drew 28 January 2015 Councillors and staff Cr Brown, Cr Le Serve, Cr Phillips, Cr Wright, Cr Crugnale
Recommendation That the attached assembly of Councillors records be received.
Attachments AT- Councillors and Executive Team, 19 November 2014 1 Page 1 AT- Domestic Animal Management Advisory Committee, 24 November 1 Page 2 2014 AT- Municipal Emergency Management Planning Committee, 1 December 6 3 2014 Pages AT- Community Safety and Events Advisory Committee, 8 December 2014 7 4 Pages AT- Domestic Animal Management Advisory Committee, 15 December 1 Page 5 2014 AT- Community Safety and Events Advisory Committee, 15 January 2015 3 6 Pages AT- Policy Workshop, 28 January 2015 1 Page 7 AT- Councillors and staff, 28 January 2015 1 Page 8
Bass Coast Shire Council Page 203 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
I.4 Councillor Expenditure Report (October to December 2014)
File No: CM15/6 Department: Executive Office Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.
Declaration The reporting officer does not have any direct or indirect interests in this matter.
Summary At the Ordinary Council Meeting held on 6 February 2008, Council resolved that a report be tabled detailing the Mayor and Councillors’ accumulated expenditure for the Council term. This report is now presented for Council’s consideration.
Introduction The Mayor and Councillor Expenses Register includes: • Travel claims submitted by Councillors • Mayor and Councillor allowance • Telecommunications expenses • Professional development expenses • Equipment and supplies • Councillor Term Expenditure (27 October 2012 to present).
Strategic Basis The Provision of Resources to Councillors’ Policy prescribes the range of resources that must be provided to the Mayor and Councillors to enable them to effectively carry out their role.
Finances The 2014/15 Budget allocated funds to cover the Provision of Resources to Councillors and reimbursement of Councillors’ expenses.
Stakeholders Stakeholders include the ratepayers of the municipality and Council.
Bass Coast Shire Council Page 204 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Statutory Requirements/Codes/Standards/Policies The statutory requirements and standards relevant to the provision of resources to Councillors include: • Section 74 of the Local Government Act 1989 • The Provision of Resources to Councillors Policy
Recommendation That the report on Councillor Expenditure for the period October to December 2014 be received.
Attachments AT-1 Councillor Travel Expenses October-December 2014 1 Page AT-2 Total Councillor Term Expenditure 1 Page
Bass Coast Shire Council Page 205 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
J Acknowledgements
J.1 Acknowledgements - Cr Andrew Phillips Cr Phillips acknowledged the Friends of the Blue Gum Reserve. This group is a great opportunity for Council to work with the community for some fantastic outcomes.
J.2 Acknowledgements - Cr Clare Le Serve Cr Le Serve acknowledged the Australia Day Award recipients. Cr Le Serve acknowledged the hard working community groups who arranged celebrations on Australia Day. All the events she attended were well organised, well attended and well supported. Cr Le Serve acknowledged the presentation of the Community Grants. A great night where community groups are able to network and share. Cr Le Serve acknowledged the Kernot community forum held in response to the intensive dairy farming application. Cr Le Serve acknowledged the fifth year of Serenade at Sunset. This year’s event is being held at the Grantville Reserve.
J.3 Acknowledgements - Cr Phil Wright Cr Wright acknowledged the Commonwealth Government’s Caring Communities program. Cr Wright acknowledged the RMIT graduation evening, which included a presentation to Peter Maddison. Cr Wright acknowledged the Beyond the Valley festival held on New Year’s Eve. A wonderful event for local youth. Cr Wright acknowledged the Saltwater Creek Coast Care group, who now have approximately 40 members. Cr Wright acknowledged the San Remo Channel Challenge as a fantastic local event. Cr Wright acknowledged the Kernot community forum held in response to the intensive dairy farming application. Cr Wright acknowledged Sue Saliba’s new novel, based on the natural environment of Phillip Island. Cr Wright acknowledged the continuing success of Nikki van Dijk, a local young Phillip Island surfer on the world circuit. Cr Wright acknowledged the Phillip Island Conservation Society’s Annual General Meeting. Cr Wright acknowledged the inaugural meeting of the Phillip Island Integrated Transport Study. Cr Wright acknowledged Australia Day and the positive reflection of Council.
Bass Coast Shire Council Page 206 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
J.4 Acknowledgements - Cr Jordan Crugnale Cr Crugnale acknowledged the passing of Timothy Reuben Ladbroke "Tim" Black CBE who was a family planning pioneer and founder of Marie Stopes International in London. Cr Crugnale acknowledged the one year anniversary of the death of asylum seeker Reza Berati who was killed during a violent outbreak at the Manus Island detention centre. Cr Crugnale acknowledged the Inverloch Lions Club dinner. Cr Crugnale acknowledged the National Gallery of Victoria’s Express Yourself Kids on Tour in Inverloch. Cr Crugnale acknowledged Cr Wright for organising the sculpture for the Woolamai Surf Life Saving Club.
J.5 Acknowledgements - Cr Neil Rankine Cr Rankine acknowledged Arnis Heisler who spoke engagingly at the Inverloch Australia Day celebrations. Cr Rankine acknowledged Council’s Community Grants Program. He encouraged all community groups to get their applications in for the next round.
J.6 Acknowledgements - Cr Kimberley Brown Cr Brown acknowledged International Women’s Day and advised that tickets will be on sale this week for Council’s event.
Bass Coast Shire Council Page 207 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
K Urgent Business
Mayoral Announcement Of Next Meeting Of Council The Mayor advised that the next Ordinary meeting of Council will be held on Wednesday, 18 March 2015 in the Council Chamber at the Civic Centre, Wonthaggi at 5.00pm.
Meeting adjourned The meeting was adjourned at 8.40pm.
Bass Coast Shire Council Page 208 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Items Closed to the Public
Excerpt of Section 89 of Local Government Act 1989. (2) A Council or special committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following: (a) Personnel matters; (b) The personal hardship of any resident or ratepayer; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or special committee considers would prejudice the Council or any person; (i) A resolution to close the meeting to members of the public. (3) If a Council or special committee resolves to close a meeting to members of the public the reason must be recorded in the minutes of the meeting.
Bass Coast Shire Council Page 209 Minutes of Ordinary Meeting - 18 February 2015 Bass Coast Shire Council
Meeting resumed The meeting resumed at 8.48pm
Council Decision Moved: Cr. Clare Le Serve / Seconded: Cr. Bradley Drew That the meeting be closed to members of the public pursuant to Section 89 (h) of the Local Government Act 1989, to consider these items as they deal with any other matters which Council considers would prejudice Council or any person. CARRIED
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L Closed Minutes
L.1 Closed Ordinary Meeting held on 10 December 2014
M Items Closed to the Public
M.1 Other matter It is recommended that the meeting be closed to members of the public pursuant to Section 89 (h) of the Local Government Act 1989, to consider this item as it deals with any other matter which the Council or special committee considers would prejudice the Council or any person. M.2 Other matter It is recommended that the meeting be closed to members of the public pursuant to Section 89 (h) of the Local Government Act 1989, to consider this item as it deals with any other matter which the Council or special committee considers would prejudice the Council or any person.
Meeting closed The meeting closed at 9.04pm
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