Planning & Development Committee

Planning & Development Committee Agenda

Date: Wednesday 17 August 2016 Time: 6pm Venue: Civic Centre (Council Meeting Room) 13 Mair Street, Benalla

Members of the Community are welcome to attend the Meeting and to address the Committee on any item on the Agenda. (A written request is required to be submitted by 10am on the day of the Meeting – Local Law 1 – Meeting Procedures)

PO Box 227 Benalla Victoria 3671 1 Bridge Street East Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected]

Agenda – Planning and Development Committee 17 August 2016

MEMBERS OF THE GALLERY

Your attention is drawn to Section 114 of Council’s Local Law No. 1 – Meeting Procedures.

Section 114 Chairman’s Duties and Discretions

(1) In addition to other duties and discretions provided in this Local Law, the Chairman –

(a) must not accept any motion, question or statement which appears to the Chair to be incorrect, derogatory, defamatory or embarrassing to any Councillor, member of Council staff, ratepayer or member of the public;

(b) may demand the withdrawal of any inappropriate statements or unsubstantiated allegations;

(c) may call on a Councillor to withdraw, and apologise for, any expression used by that Councillor during the meeting which was offensive or disorderly;

(d) must call to order any person who is disruptive or unruly during any meeting;

(e) must ensure silence is preserved in the Visitors’ Gallery during any meeting; and

(f) must call to order any member of the public gallery who approaches the Council/Committee table during the meeting.

(2) A person who does not withdraw an inappropriate statement or unsubstantiated allegation when demanded by the Chairman to do so is guilty of an offence. (Penalty: 1 Penalty Unit)

(3) A Councillor who does not withdraw an expression used during the meeting which was offensive or disorderly, and who fails or refuses to apologise when twice called on by the Chairman to do so, is guilty of an offence. (Penalty: 1 Penalty Unit)

(4) A person who disrupts a meeting or during a meeting behaves in an unruly manner, and who fails to come to order when called to order, is guilty of an offence. (Penalty – 1 Penalty Unit).

(5) An Authorised Officer must, if directed to do so by the Chairman, remove from a meeting any Councillor or other person who has committed an offence under clause 114(2) or (3).

Your cooperation would be appreciated.

Tony McIlroy Chief Executive Officer

BENALLA RURAL CITY COUNCIL 2 Agenda – Planning and Development Committee 17 August 2016

Contents

Apologies ...... 4 Election of Acting Chairman ...... 4 Confirmation of the Minutes of the Previous Meeting ...... 4 Disclosures of Conflict of Interest ...... 5 Business ...... 5 1. Benalla Railway Station – Community Garden ...... 6 2. Environment Strategy ...... 11 3. Planning Permit Application P0148/15 – 2 Mair Street, Benalla – To use the land for a Car Park and to remove trees within a Heritage Overlay ...... 14 4. Planning Application No P0068/16 – Dog Breeding Facility – 418 Four Mile Road, Benalla ...... 21 5. Planning Permit Application P0067/16 – 25 Bridge Street East, Benalla – Advertising Sign ...... 32 6. Benalla Landfill and Resource Recovery Centre - Cell Construction Project ...... 39 7. Community Local Law 2016 ...... 50 8. Enforcement of the Building Act 1993 – ‘A cooperative approach’ Building Policy53 9. Building Services Policy ...... 56 10. Planning and Building Approvals July 2016 ...... 58 11. State Government Take 2 Pledge Initiative ...... 66 12. 2015/16 Capital Projects Program – status as at 30 June 2016 ...... 69 13. Development Department – activity report for the quarter ended 30 June 2016 .. 74 14. Environment – activity report for the quarter ended 30 June 2016 ...... 88 15. Facilities Department – activity report for the quarter ended 30 June 2016 ...... 93 16. Infrastructure Department – activity report for the quarter ended 30 June 2016 104 17. Waste Management– activity report for the quarter ended 30 June 2016 ...... 110 Confidential Business ...... 114 18. Tenders for Contract CM16.019 Acquisition of Road Grader ...... 115 Reopening of meeting to the public ...... 128 Closure of meeting ...... 128

BENALLA RURAL CITY COUNCIL 3 Agenda – Planning and Development Committee 17 August 2016

Agenda

Chair Cr Peter Davis

Councillors Cr Barbara Alexander Cr Ellen Crocker Cr Justin King (Mayor) Cr Margaret Richards Cr Andrew Vale

In attendance

Chief Executive Officer Tony McIlroy General Manager Development and Environment Veronica Schilling Manager Development Nilesh Singh Manager Facilities Greg Robertson Manager Infrastructure Bryan Campbell Planning Coordinator Joel Ingham Environment Sustainability Coordinator Larissa Montgomery Governance Coordinator Jenny Rintala

Apologies

Election of Acting Chairman

Confirmation of the Minutes of the Previous Meeting

Recommendation:

That the Minutes of the Planning and Development Committee Meeting held on 20 July 2016 be confirmed.

BENALLA RURAL CITY COUNCIL 4

Agenda – Planning and Development Committee 17 August 2016

Disclosures of Conflict of Interest

Conflict of Interest Requirements of Councillors, special committee members and Council Officers

. Pursuant to the Local Government Act 1989 a Councillor, member of a special committee or member of Council staff who has a direct or indirect conflict of interest in respect of a matter which is to be or is likely to be considered or discussed must:

– Make a full disclosure of that interest by advising of the class (ie direct or indirect) and nature of the interest immediately before the matter is considered at the meeting or in writing to the Chief Executive Officer prior to the meeting. Where the disclosure is made to the Chief Executive Officer in writing, the Councillor or member must only disclose the class of the interest to the meeting, immediately before the matter is considered.

– If the Councillor or member will not be present at the meeting, make a full disclosure to the Chief Executive Officer or Chairman of the meeting, in writing, of the class and nature of the interest. If a Chairman is given a written disclosure, he or she must give the written disclosure to the Chief Executive Officer.

. The CEO must keep written disclosures for three years after the date the Councillor or member who made the disclosure ceases to be a Councillor or member, and destroy the written disclosure when the three year period expires.

. While the matter is being considered or any vote taken, the Councillor or member with the conflict of interest must leave the room and notify the Mayor or Chairman he or she is doing so. The Mayor or Chairman must notify the Councillor or member he or she may return to the room after consideration of the matter and all votes have been cast.

. The minutes of the meeting must record any declarations of conflict of interest, the class of the interest and if the Councillor or member has disclosed the nature of the interest to the meeting, the nature of the interest.

. A failure by a Councillor or member to comply with Section 79 of the Act may result in a penalty of up to 100 penalty units and disqualification under section 29(2) of the Act.

Refer Sections 76-80 of the Local Government Act 1989

Business

BENALLA RURAL CITY COUNCIL 5

Agenda – Planning and Development Committee 17 August 2016

1. Benalla Railway Station – Community Garden E2415 Larissa Montgomery – Environmental Sustainability Coordinator Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report details the status of the proposal to establish a community garden on VicTrack land to the north of the Benalla Railway Station.

BACKGROUND

A report was presented to the Council in May 2015 outlining a proposal from a group of local people to establish a community garden on unused railway land opposite the railway station and tracks at the Benalla Railway Station

Following several meetings of parties a meeting with Councillors, staff and representatives from the group was held in November 2015 to discuss options and steps to move forward with the project which included: . Council to continue with advancing leasing arrangements. . The community committee to formalise plan once reports from VicTrack were received, including staged development. . The Council to support lobbying and funding opportunities; VicTrack and Vic Rail may be able to contribute. . The Council to consider the project during budget development in February/March. . Insurance for the land will be through the Council. . Insurance and management arrangements for the community group is to be investigated.

A formal application for the Council to lease the land was made to VicTrack in November 2015, following productive and positive emails, telephone and in person discussions.

DISCUSSION

Initially the community group wanted to establish an edible garden. However, due to the potential issues with both soil contamination of the site and ongoing sustainability of such a project, the group has decided to investigate other options.

BENALLA RURAL CITY COUNCIL 6 Agenda – Planning and Development Committee 17 August 2016

The group has established a basic outline of the project: . The broad aim is to enhance the railway land to the north of the station to create a visually attractive area for community benefit. . The site will be suitable for active and passive use. . A clever core design with supporting elements radiating from this so that if community activity or interest wanes it will not revert again to a seemingly uncared for site. . Incremental development starting with the central design statement. . Ideas discussed include greening the site (non-edible initially), having a labyrinth as the core design and allowing space for an edible garden in the future. . The shed is currently used as a supervised boxing club for children at risk and the group is very keen that this continues but the building needs to be improved to meet building standards. . Rebuild toilet block. . VicTrack may relocate signal box to this site. There is a special sub-group who have already secured the signal box from vandals and the elements and will develop a plan for its community use once moved.

The community group has also requested whether the Council would contribute some of the bluestone pavers and heavy timbers from the saleyards, when deconstructed, to the project. Not only would this provide initial valuable materials for the project to get started but also incorporate materials with local significance and connection into the community space.

Since the initial application to lease the land, several requests for further information have been made by VicTrack to allow the application to proceed. A summary of the correspondence with VicTrack is outlined in the table below.

Date In/Out Correspondence 2 Nov 15 In Acknowledgement of lease application 14 Dec 15 Out Requested update from VicTrack 14 Dec 15 In VicTrack requested the following information: - Will Council be entering into the lease on behalf of the community? - What will the site be used for a community garden? - Will Council take on both Lot 107 & 45 15 Dec 15 Out Provided requested details to VicTrack

22 Jan 16 In VicTrack requested the following information: - There is a Goods Shed on Lot 107; will Council enter into a lease on this site as well. Group using the site; will this be in conjunction with them? 4 Feb 16 In/Out Discussion on telephone 4 Feb 16 In VicTrack requested the following information:

BENALLA RURAL CITY COUNCIL 7 Agenda – Planning and Development Committee 17 August 2016

- VicTrack only slash the vacant lots once a year, if the community group or Council would prefer to lease other lots they would be happy to look into that also. - Please circle the area you wish use and let VicTrack officers know what the Community group would like to do on site. 10 Feb 16 Out Requested information and outline of proposal provided to VicTrack 23 Mar 16 Out Requested update from VicTrack 23 Mar 16 In VicTrack requested the following information: - Will Council be the Head Lessee? - Will there be sub lease entered into with the other parties? - Council will be responsible for the building? 29 Mar 16 Out Provided requested details to VicTrack 23 May 16 Out Requested update from VicTrack 23 May 16 In VicTrack requested the following information: - A business plan – A one page document outlining the purpose and use that will occur on the leased land including the following: - Contact details includes registered address and phone numbers - Ways in which the group will generate money to maintain the site and assist the community - The use of the site i.e. community hub, meeting space - If there will be sub leases current or proposed - Documentation confirming the sub tenant has a Not for Profit Status - A copy of the Power of Attorney or Association Rules confirming the delegate is authorised to act on behalf of the organisation. - A certificate of currency for $20 Million public liability in accordance with the lease. 7 Jun 16 Out Responded to VicTrack to advise current situation and unable to provide all details as requested 14 Jun 16 In VicTrack requested the following information: - The community group is not established and at this stage a sub-lease may not be entered into - The community group is not sure how they would like to use the site - The community group would like to use the whole area including the Goods Shed, what will happen to community group already using the Goods Shed at the moment?

The proposal reached a standstill as VicTrack would not process the application from the Council to lease the land without: 1. the community group being formally established to allow a sub-lease 2. a detailed plan for the use of the site, including a drawn site plan 3. details about who will be responsible for the Goods Shed and arrangements for the current group using the shed.

BENALLA RURAL CITY COUNCIL 8 Agenda – Planning and Development Committee 17 August 2016

The community group was waiting on the lease to be finalised and therefore the site reports and relevant information on the land from VicTrack before they made more formal plans. The community group did not want to formalise or invest too much of their time and resources into the project before there was some confidence that the project could go ahead and achieve the desired outcomes.

The community group has recently had direct discussions with VicTrack and clarified the above requirements to enable the lease application to proceed. The community group has therefore decided that there is no other option but to progress with formalising the group and the plans for the site. See attached letter from the group, Appendix 1.

The report allows the forum to consider how best to support the community group to progress with the project and in particular the request for the donation of materials from the saleyards.

ENVIRONMENTAL STRATEGY 2016-2020 IMPLICATIONS:

1.1.5 Develop strong relationships between Council and agencies and community groups managing other environmental projects so mutual benefits can be achieved. 5.1.2 Community groups and projects are recognised and supported by Council where practical.

FINANCIAL IMPLICATIONS

Work to date has been undertaken within the environmental sustainability area budget.

COUNCIL PLAN 2013-2017 IMPLICATIONS:

1.1 Our community is dynamic, healthy, strong, socially integrated and active. People of all ages, abilities and backgrounds are engaged in their local communities. The community is resilient and owns its own plan for the future.

1.1.1 Identify opportunities and implement initiatives to develop community strength, capacity, independence and resilience.

1.1.3 Support programs that bring people together and build community and social networks.

BENALLA RURAL CITY COUNCIL 9 Agenda – Planning and Development Committee 17 August 2016

3.3 Tourism and population attraction to contribute to the growth, diversity and sustainability of our local economy.

3.3.1 Support, promote and participate in local, regional and state-wide tourism and population attraction initiatives.

5.4 Effective collaboration and strong partnerships are maintained with the community, community leadership organisations, the local government sector and State and Federal governments.

Recommendation:

That the report be noted.

BENALLA RURAL CITY COUNCIL 10 Suzie Pearce President, Benalla Railway Project 69 Plum Lane Benalla 3672 Phone 57627780

Monday 24th July 2016

Mr. Tony McIlroy CEO Benalla Rural City 1Bridge Street Benalla 3672

Re: Benalla Railway Project

Dear Tony,

It has come to our notice that Gerard Selvon is no longer at VicTrack and that Mirella Zeait is now handling the application for a Community Use Lease over the two identified Lots for the Benalla Railway Project. We also did not realize that to proceed with the application our committee needs to be formalized and become a Not For Profit Organisation.

We are seeking help from Council to achieve our NFP status because our vision is directly aligned with many of the aims of the draft Benalla and District Community Plan. Our project will bring significant benefit to Benalla and address many challenges well documented in a variety of studies concerning employment, mental and physical health, social issues, education, and more. It has the potential to be “a partnership to achieve maximum health and wellbeing for our community over the next twenty years”.

It is clearly understood that once the lease is granted to Council it will be sub-let to us for implementation. On this basis, we hope that our leadership and innovation can be recognized and that our “partnership” with Council can take effect immediately.

There are four prongs to our proposal, each to have a sub-committee driving the outcome in incremental stages and each achieved by community input both physical and in-kind, involving the Green Army and other local groups. Funding will be sought from various Public and Private sources including VicTrack. Where possible existing Benalla themes will be integrated into the project (Mural, Street Art, Indigenous Garden, Rotary Lakeside Gym Equipment) and others including the railway precinct history developed (Ned Kelly and the two escaped Nazi POW’s hiding in the station).

1. Create an aesthetic and unique landscape with an arts focus. 2. Restore and/or remodel the existing railway shed to building code standard for community use and the current youth group occupants in particular. 3. Restore and find use for the Signal Box with developed possibility that it be relocated onto the lease site for safe access purposes. 4. Rebuild toilet block facility.

To date Council has made the services of Larissa Montgomery and Jane Rushworth available on a limited time basis and we appreciate that. However it is timely to prepare a strategic plan with time-lines for action, cost estimates, and material and labour requirements. The strategic plan should be prepared for community input and approval and include an overall concept plan.

We are asking Council to help us:

1. Obtain seed funding for an overall concept plan. 2. Achieve our NFP status. 3. By agreeing to provide the project with bluestone pavers and timbers reclaimed from any sale yards demolition. This will enable the concept planner to include these materials, and form part of our in-kind contribution.

To this end we would like to meet with you, Veronica and Larissa to discuss this further, preferably early in August.

With kind regards,

Suzie Pearce

Agenda – Planning and Development Committee 17 August 2016

2. Environment Strategy E2332 Larissa Montgomery – Environmental Sustainability Coordinator Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report presents submissions made to the Environment Strategy and outlines proposed amendments to finalise the document.

BACKGROUND

In 2011 the Council adopted an Environment Strategy to help protect the environment and safeguard its ability to support the community into the future. The Strategy outlined a proactive and strategic approach to environmental matters and identified priorities for management. Five strategic directions were identified: . appropriate land-use, development and biodiversity management . acting to respond and adapt to a changing environment . efficient management of waste . strategic and collaborative water management . supporting and building community resilience and capacity.

The Environment Strategy was due to be reviewed at the end of the 2014/15 financial year and work commenced in 2015 to this effect.

The review of the Environment Strategy has acknowledged the achievements with actions in the study to date, identified and incorporated new information and evidence to inform environmental management and identify actions that should be carried over into an updated Environment Strategy.

The community, stakeholders and staff were given the opportunity to assess concerns, priorities, expectations, behaviours and values as well as identify actions, targets and performance indicators for an updated Environment Strategy. This was done through an online survey for staff and community and government stakeholders, as well as a poster campaign across the community. All responses were taken into consideration in the draft document.

The draft was adopted by the Council for consultation purposes in March 2016 and was circulated to stakeholders and the community for feedback over a four week period commencing in late May.

BENALLA RURAL CITY COUNCIL 11 Agenda – Planning and Development Committee 17 August 2016

DISCUSSION

The Draft Environment Strategy 2016-2020 was on public exhibition for four weeks and closed on 27 June 2016. A total of two formal submissions were received and a summary of these submissions is included in Appendix 1.

No major issues were raised by the submissions but several clarifications, corrections and improvements were highlighted.

It is proposed that the Council endorse the recommendations for changes to be made to the Draft Environment Strategy as outlined in Appendix 1 and further adopt the Environment Strategy 2016-2020 with these changes to occur.

FINANCIAL IMPLICATIONS

The review and update of the document has been done utilising an existing program budget.

The Action Plan makes note that funds may be necessary to achieve some outcomes. The development of the updated strategy provides a strategic basis for funding applications and future budget allocations.

COUNCIL PLAN 2013-17 IMPLICATIONS

Our Environment . Within our community our organisation is recognised as an environmental leader. . Community education facilitates a shift to a more sustainable future . A strategic and collaborative approach underpins the management of our water supply and resources. . Implement, monitor and report back to the community on our progress in achieving actions identified in the Benalla Rural City Environment Strategy 2011-15 and Climate Change Adaptation Action Plan. . Our waste management and minimization services are efficient and reflect best practice. Our Rural City is important in the region, providing opportunities for modern waste processing. . Increase the recovery of resources, minimise waste disposal to landfill and promote opportunities for new waste management facilities.

Our Organisation . We are compliant with our legislative and risk management responsibilities and accountable to our community.

BENALLA RURAL CITY COUNCIL 12 Agenda – Planning and Development Committee 17 August 2016

Recommendation:

1. That the final Environment Strategy 2016-2020 be adopted with the changes as presented arising from the consultation period. 2. That the community be advised of the adoption of the document by way of press release and updated information on Council’s web page. 3. That a letter of thanks and details of changes be sent to the submitters.

BENALLA RURAL CITY COUNCIL 13 Summary of submissions to the Draft Environment Strategy 2016-20

Submitter Comment received Proposed response Gary Deayton, Moira Shire Pg 26 Roles & Partnerships Council & Goulburn Broken The multiple benefits of partnerships and the importance of collaboration could be Incorporate comments Local Government Biodiversity emphasised here. Partnership with GBLGBRG over the last 10 years worth a mention. Reference Group Pg 49 Action 1.1.2 – include GBLGBRG as partner Include GBLGBRG as partner Action 1.1.2.2 – responsibility across all departments and led by Development and Amend Environment Include promotion of other Action 1.1.3.1 – not sure what is in the 2015 report. Does it include Covenant rate rebate? incentive programs that may Could include promotion of incentive programs run by others such as CMAs. currently be available General The Environment Strategy could support the principle of Net Gain for native vegetation in Incorporate comments line with the State Biodiversity Strategy without necessarily committing funding at this stage. Do not currently have a formal Does Benalla have a revegetation program? It would be good to see something in the revegetation program but the Environment Strategy. Council has a number of sites that can be used to facilitate local revegetation off sets. Add action: Investigate the financial and operational feasibility of an annual voluntary revegetation program. Lydia Drake, Catchment Pg 28 Government Influence Health Coordinator, Goulburn Consider including relevant storm water management policy. Include reference to Clause Murray Water 56.07 Integrated Water Management Pg 28 Government and water authorities positions on water use “Water use is managed in the Benalla Rural City by Goulburn Murray Water and North Amend section to clearly East Water. Both agencies have recognised the need to influence a decrease in water articulate roles and use”. Unclear on the intent or relevance of this statement, particularly for GMW. If responsibilities of the water statement is to remain consider including a description of water corporations roles in water authorities and refer to any management or reference to roles and responsibilities. relevant policy. Pg 30 What we have “The Broken River is unregulated in the Benalla Rural City area but has one major storage – Lake Nillahcootie – that is on the southern border of the Benalla Rural City. Consider changing to “The Broken River is regulated by Lake Nillahcootie- that is on the southern border of the Benalla Rural City. Groundwater paragraph be amended to the following: Amend as suggested. The southern highland portion of the Broken basin prominently contains the fractured rock groundwater aquifer. The sedimentary aquifer system extends along the Broken River from just south of Benalla and spreads to cover most of the Basin north of Benalla. The northern and southern parts of the Benalla Rural City local government area have reasonable quality groundwater. Better quality groundwater resources are more closely connected with the Broken River and Broken Creek, but the alluvial aquifer becomes generally brackish as you move further away from these surface water resources. The Broken Groundwater Management Area Local Management Plan will be implemented by Goulburn-Murray Water early in 2016/17. This plan will describe how groundwater resources are managed across the Broken River catchment. Pg 30 Threats and water quality issues Onsite wastewater management systems can also impact surface waters. Flooding is Add to list of threats another threat. Pg 32 Latest government and regional water policy Unclear on the purpose / relevance of first two paragraphs and what value it adds to the Amend Environment Strategy. Political commentary has the potential to make the document quickly outdated. It would be better to make reference to current relevant legislation and strategies. Pg 32 Partnerships Consider also including the Goulburn Broken Regional Water Quality Coordination Group Add which includes key catchment stakeholders Pg 51 Action 1.4 – Key performance indication is not relevant to action Amend KPI Consideration for the requirement to connect to reticulated sewerage where feasible, Is included in the Benalla Rural compliance with EPA Code of Practice for Onsite Wastewater Management, research and City Domestic Waste Water development into where onsite wastewater management is not appropriate (e.g. Management Plan 2016 (which town/region land capability assessments) and associated funding opportunities and is referred to in Action 1.4.2.1) rezoning requirements. Covered under Action 1.3.1.3 Strategic planning including use of zones and overlays that ensures appropriate development that protects and enhances natural features of Benalla. Pg 56 SD4 relates to ‘strategic and collaborative water management’, there currently is no Add action: The Council reference to key agencies or relevant strategies for input/consideration. continues to participate in regional working groups, including the Goulburn Broken Water Quality Coordination Group, to manage water quality throughout the Benalla Rural City Pg 56 Action 4.1.1 Understand what integrated water management would look like in Benalla Add as partners. Also GBCMA Rural City – NEW and GMW may also need to be partner organization. Pg 56 Action 4.3.2 Sources of pollution into waterways are reduced – The focus appears to be Covered in actions under limited to septic tanks, building sites and litter. There are other sources of pollution as 1.2.2.1, 2.1, 1.3, 1.4 & additional highlighted in the threats and water quality issues section. action above (Continue to participate in the Goulburn Broken Water Quality Coordination Group). Add action: Council staff work with relevant agencies during emergency events and recovery to ensure potential impacts to water quality are addressed. Larissa Montgomery, Various minor amendments and corrections, predominately to the Action Plan including Environmental Sustainability relevant responsible departments, consistent reference to departments and teams, Coordinator addition of further relevant partners. Issues raised during community engagement process which may not have been adequately addressed in actions: Four respondents felt that Council has a role in encouraging renewable energy through Amend Action 2.2.1.5:upgrades solar on Council buildings and through provision of information infrastructure, Include the Action 2.2.1.5 Strengthen the process for environmental performance to factor into feasibility of renewable energy decision making when Council builds new, or renews assets and upgrades infrastructure. options. Also covered by actions 2.2.1.8 and 2.3.1.1

Agenda – Planning and Development Committee 17 August 2016

3. Planning Permit Application P0148/15 – 2 Mair Street, Benalla – To use the land for a Car Park and to remove trees within a Heritage Overlay Joel Ingham – Planning Coordinator Nilesh Singh – Manager Development

PURPOSE OF REPORT

The report presents further information in the form as an addendum on the planning application to use the land for a car park and to remove trees within a Heritage Overlay at 2 Mair Street, Benalla (refer Appendix 1).

BACKGROUND

At the Planning and Development Committee meeting held on 20 July 2016 it came to light that a petition and a further objection were received in relation to the proposal. In total there are now three objections and a petition containing 88 signatures.

The issues contained within the petition and objections as they relate to the planning application are summarised below: . Objection to the demolition to the house at 2 Mair Street, Benalla. . Removal of the established garden and the surrounding mature trees. . The impact of the car park on residential amenity of the adjoining historic and attractive residential precinct. . Suggestion to reduce the length of the car park to be in line with the footpath on the east side of Mitchell Street. . The proposed car park should not for overnight parking of long vehicles.

DISCUSSION

Objectors Concerns

Objection to the demolition to the house at 2 Mair Street, Benalla Although the applicant has engaged a heritage consultant to undertake an analysis of the demolition of the dwelling, the dwelling demolition does not require a planning permit pursuant to Clause 62.02-1 of the Benalla Planning Scheme.

Heritage advice indicates that the site at 2 Mair Street is not identified as being of individual significance and its contribution to the heritage precinct is minimal. As a result, the issue of whether or not the existing dwelling should be retained cannot be considered as part of this application.

BENALLA RURAL CITY COUNCIL 14 Agenda – Planning and Development Committee 17 August 2016

Removal of the established garden and the surrounding mature trees A majority of the vegetation to be removed from the site is small exotic shrubbery. This vegetation adds little value to the existing streetscape and neighbourhood character. All of the existing street trees and mature native vegetation to the west of the site towards Lake Benalla will be retained. This vegetation is considered to be more prominent in its setting and its retention will benefit the existing streetscape and neighbourhood character.

The impact of the car park on residential amenity of the adjoining historic and attractive residential precinct The car park will be constructed at ground level which will have minimal impact to the overall streetscape character. In addition, landscaping will be provided around the perimeter of the car parking area to offset the hardstand area to the street. A condition of any permit issued can require that a landscaping plan be provided and landscaping planted prior to the commencement of the use and maintained for the duration of the use.

The main attributes to the site with regard to its historic value are the existing street trees and mature vegetation. All of these aspects will be retained within the proposal. It is considered that this ground for objection cannot be substantiated.

Suggestion to reduce the length of the car park to be in line with the footpath on the east side of Mitchell Street Concern has been raised that the car park will have a detrimental impact on the vista looking south down Mitchell Street. The vista currently looks through a green space through to the existing aquatic centre. This view may be interrupted by the car park and cars parking within it. However, on-street parking spaces are already provided for in this area and has the potential to impact on the vista looking down Mitchell Street. In addition, existing street trees in this area will be retained and landscaping provided to the front of the car parking area which will enhance the site’s aesthetic contribution to the streetscape.

The proposed car park should not for overnight parking of long vehicles The proposed car park will provide car spaces for cars including parking bays for disabled drivers. At its meeting of 3 August 2016 the Council resolved to designate two areas in Benalla for overnight long vehicle stays. The subject site was not included in the nominated two areas. Overnight parking of long vehicle stays should not be permitted in this area and if such stays were to occur this could be enforced under the provision of Council’s Local Law.

CONCLUSION

The additional objection and petitions to the planning application have been considered and the issues contained therein either cannot be substantiated or can be ameliorated subject to conditions of any permit that may issue. As a result, the proposed conditions outlined in the Planning and Development Committee report dated 20 July 2016 do not require alteration.

BENALLA RURAL CITY COUNCIL 15 Agenda – Planning and Development Committee 17 August 2016

Recommendation:

That the Planning and Development Committee, acting under its delegated authority of the Council, issue a Notice of Decision to Grant a Permit for Planning Application No P0148/15 to use the land for a car park and the removal of vegetation at 2 Mair Street, Benalla subject to the following conditions:

1. The development and/or use permitted by this permit must not be commenced until three copies of a site layout plan drawn to scale and with dimensions must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. Such plan must be generally in accordance with the plan submitted, but modified to show: (a) The access way in between car spaces to have a minimum width of 6.4m. (b) All car spaces to contain a minimum length of 4.9m and a minimum width of 2.6m.

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

3. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

4. Prior to the commencement of building and works hereby permitted or such later date as the Responsible Authority may approve in writing, a landscape plan incorporating: (i) the area or areas set aside for landscaping (ii) a schedule of all proposed trees, shrubs and ground cover, which will include the location, number and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface materials as specified

shall be submitted to and approved by the Responsible Authority, and when approved, such plan shall form part of the endorsed plan in accordance with this permit.

5. Before the use allowed by this permit starts, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

BENALLA RURAL CITY COUNCIL 16 Agenda – Planning and Development Committee 17 August 2016

6. All Tree Protection Zone measures contained within the Arboricultural Report undertaken by Down to Earth Tree Care, dated 13 January 2016 must be complied with to the satisfaction of the Responsible Authority.

7. The amenity of the area must not be detrimentally affected by the use or development, through the: (a) Appearance of any building, works or materials. (b) Transport of materials, goods or commodities to or from the land. (c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour steam, soot, ash, dust, waste water, waste products, grit or oil. (d) Presence of vermin.

8. The occupier shall take all necessary steps to ensure that no noise or other disturbance emanates from the site which would be likely to cause a nuisance to the adjoining occupiers or a detriment to the amenity of the neighbourhood.

9. Before any carpark, drainage, pathway or landscaping works associated with the use start, detailed construction plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and a minimum of three copies (or as specified) must be provided. The information submitted must show the details listed in the council’s Infrastructure Design Manual. The plans must include: . Fully sealed pavement with asphalt . Kerb and channel . Concrete shared pathways . Access and parking . Underground drainage . Landscaping . Irrigation . Lighting . Street trees . Buffers . Traffic calming, appropriate intersection and traffic control/mitigation measures . Internal and External signage . Colour schemes.

All works constructed or carried out must be in accordance with those plans.

BENALLA RURAL CITY COUNCIL 17 Agenda – Planning and Development Committee 17 August 2016

10. Prior to the commencement of the use, the applicant or developer shall submit to the satisfaction of the relevant authority the following: . an assets statement for each street . as constructed’ information for the entire work detailing information as listed in the council’s Infrastructure Design Manual . ‘as constructed’ drainage information shall be provided in D spec format /PDF and CAD format for landscaping, roads and drainage (CD or other format as appropriate) to Council’s satisfaction.

11. All footpaths and associated infrastructure (crossings) must be designed and constructed in accordance with the minimum parameters as detailed within the Infrastructure Design Manual (latest version available at for download at http://www.designmanual.com.au/) Construction plans and specifications are to be submitted to the responsible authority for approval prior to construction.

12. The drainage system for the proposed carpark and all further approved building structures, is to be designed and constructed to the satisfaction of the responsible authority, ensuring that outlet/s include a form of treatment which will prevent soil erosion, and at a location at which discharged storm-water will not affect surrounding properties.

13. The stormwater drainage system shall be constructed to an outfall location approved by the responsible authority and is to treat stormwater drainage to a quality equal to or greater than the receiving water body using Water Sensitive Urban Design guidelines as approved by the responsible authority. Information showing this detail is required to be submitted to the responsible authority prior to project completion.

14. Drainage systems should not allow stormwater to discharge onto surrounding properties and is required to be discharged to a single point into the existing municipal stormwater network.

15. The approved works must not cut off natural drainage from or to adjacent properties.

16. Two vehicular crossings are to be constructed at an approved location and to be as per submitted approved plans. This will include construction of a new kerb crossing and footpath section, removal of any redundant vehicle crossings and construction of kerb and channel as required.

BENALLA RURAL CITY COUNCIL 18 Agenda – Planning and Development Committee 17 August 2016

17. Before construction works commence, detailed layout plans (including turning circles etc.) demonstrating compliance with Ausroads Publication ‘Guide to Traffic Engineering Practice: Part 11 – Parking’ must be submitted to and approved by the responsible authority. The plans must be drawn to scale with dimensions. The car park is to be line marked and signed in accordance with these requirements.

18. Ingress to and Egress from the car park area is to be in a forward direction only.

19. Both access points to the car park are required to be a width of 6.1m to avoid conflict of vehicles whilst entering and exiting the development.

20. The parking area is to be constructed with a sealed or asphalt finish on a pavement design as approved by the Responsible Authority. If the pavement design indicates a depth less than 200mm is required, the minimum depth is to be become 200mm.

21. All footpath and associated infrastructure (crossings) must comply with AS1428 – Design for Access and Mobility.

22. Kerb and channel is to be to the standard of the responsible authority as detailed within the Infrastructure Design Manual (latest version available at for download at http://www.designmanual.com.au/. Construction plans and specifications for all kerb and channel and associated infrastructure for the development are to be submitted to the responsible authority for approval prior to construction.

23. No service pits or valves installed as part of this development are permitted within existing or new road pavement areas or pathways, unless otherwise approved by the responsible road authority.

24. A G7-3-1 “Entry to parking area” signs are to be installed on Church Street to indicate the entrance of the car park.

25. Lighting for the allotment is to be installed as required to standards as specified in AS/NZS 1158.3.1 - Lighting for roads and public spaces - Pedestrian area (Category P) lighting - Performance and design requirements.

26. Prior to any works commencing on site a lighting plan must be submitted to and approved by the Responsible Authority. The developer must ensure that all lighting is fitted with cut-off luminaries (baffles), to positively prevent any adverse effect on the adjoining land and to prevent the emission of direct and indirect light onto adjoining roadways, land and premises.

BENALLA RURAL CITY COUNCIL 19 Agenda – Planning and Development Committee 17 August 2016

27. The lighting plan must include location, type, power consumption, light spread and height of the mounting poles to the satisfaction of the Responsible Authority.

28. Stop signage (R1-1) is to be installed within the allotment at the exit of the car park area to prevent pedestrian - vehicle collisions when vehicles exit the allotment.

29. No fewer than 40 car spaces must be provided on the land for the use and development including 3 car spaces clearly marked for the disabled.

30. Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.

31. A sign or signs must be provided to the satisfaction of the Responsible Authority to direct drivers to the on-site car parking area(s). Such sign(s) must be located in the vicinity of the frontage of the subject land and maintained to the satisfaction of the Responsible Authority. The sign(s) must not exceed 0.3 square metres in area.

32. In accordance with the Planning and Environment Act 1987 a permit for the use and/or development expires if: (a) the development is not commenced within four years and completed within 5 years after the issue of the permit; or (b) the use does not start within two years after completion of the development; or (c) the use is discontinued for a period of two years.

The Responsible Authority may extend the commencement date if a request is made in writing by the owner or the occupier of the land to which the permit applies before the permit expires or within six months afterwards.

The Responsible Authority may extend the time within which the development is to be completed if the development has commenced and a request in writing is made by the owner or the occupier of the land to which it applies within 12 months after the permit expires.

BENALLA RURAL CITY COUNCIL 20 Agenda – Planning and Development Committee 20 July 2016

2. Planning Permit Application P0148/15 – Property 2 Mair Street, Benalla DA4109 Joel Ingham – Planning Coordinator Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report assesses a planning application to use the land for a car park and to remove trees within a Heritage Overlay at 2 Mair Street, Benalla.

BACKGROUND

Site Address 2 Mair Street, Benalla Existing Use Lot 1 TP939840 contains an existing dwelling Lot 1 TP8741 and Lots 1 and 2 LP137743 are currently vacant allotments Proposal To use the land for a car park and the removal of trees within a Heritage Overlay Applicant Engineering Elements (on behalf of Benalla Rural City Council) Zone General Residential Zone (GRZ) Pt Public Park and Recreation Zone (PPRZ) Overlays Part Design and Development Overlay Schedule 1 (DDO1) Part Land Subject to Inundation Overlay (LSIO) Heritage Overlay Schedule 26 (HO26) Referrals External: Goulburn Broken Catchment Management Authority Internal: Engineering Heritage Adviser

PROPOSAL

The applicant proposes to use the land for a car park and remove vegetation from the land. The proposal will have the following characteristics: . The car park will be accessed via two 6.1m wide crossovers on Church Street . The car park will be constructed from bitumen and will provide for 45 car spaces including three car spaces for disabled permit holders located towards the frontage of the site . Car spaces along the southern boundary of the site have a width of 2.6m and a length of 5.6m. Car spaces along the northern boundary of the site have a length of 4.9m and a width of 2.6m . The accessway between the car spaces will be 5.9m wide . The car park will be provided with six shade trees and five light poles . The proposal includes the removal of 20 small exotic and native trees scattered throughout the site.

Pursuant to Clause 62.01 of the Benalla Planning Scheme a planning permit is not required for buildings or works with an estimated cost of $1,000,000 or less carried

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

out by or on behalf of a municipality. As a result, the construction of the car park and demolition of the existing dwelling on the land do not require a planning permit. A permit is only required to use the land for a car park and the removal of trees.

Governance arrangements

As the Council is the owner of the land, staffing arrangements were put in place to separate the role of the applicant from the role of responsible officer. The Manager Development has worked with the consultant as the applicant and the Planning Co- ordinator and General Manager Development and Environment have taken the role of Responsible Authority in actions to date.

Section 96 of the Planning and Environment Act regulates the proposal has been advertised to the community. It is noted that under this section the use of land for a car park is exempt.

Site and Surrounds

An inspection of the site and the surrounding area has been undertaken.

The subject site is located on the corner of Mair and Church Streets, Benalla. The site consists of four parcels of land being, Lot 1 TP939840, Lot 1 TP8741 and Lots 1 and 2 LP137743.

Lot 1 TP939840 is located on the corner of Mair and Church Streets and contains an existing early to mid-twentieth century single storey dwelling of typical style and form for the period. The dwelling is constructed from rendered brick and has a pitched tiled roof. To the rear of the dwelling fronting onto Church Street is an existing carport structure.

Lot 1 TP8741 and Lots 1 and 2 LP137743 are currently vacant allotments containing scattered exotic vegetation, with two native eucalypts toward the rear of the site. This land once contained a building which was used for the purpose of a butter factory.

The main locality characteristics are: . To the south of the site is the Benalla Aquatic Centre containing an indoor and outdoor swimming pool with open space areas around the outdoor swimming pool and associated buildings. This land is zoned Public Park and Recreation. . To the east of the site across Mair Street are single dwellings on land zoned residential. . To the north of the site across Church Street is land zoned residential. The land contains buildings associated with a Place of Worship. . To the west of the site is the Benalla Lake Environs. This area contains a pedestrian track to walk around the lake, park furniture and areas of open space.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

Public Notification

The planning application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 by way of the following: . notices forwarded to adjoining owners and occupiers . a notice of the application towards the Mair and Church Streets frontages of the site.

To date two objections to the proposal have been received. The objections can be summarised as follows: . There is no evidence to suggest the need for a car park on this land. . The proximity of the car park to Lake Benalla will have a negative impact on those who use the lake. . Views will be interrupted between the lake and the green space through the construction of the car park. . Light pollution will have a negative impact on the ambience of the area for people walking around the lake. . Traffic from within the car park will cause noise pollution to people walking around the lake. . Views from the swimming pool will be spoilt by the car park. . The archaeological report addresses indigenous culture and concludes that there will be no impact on heritage. . The proposed car park will have a negative impact on traffic. There is a lack of analysis of the impact of the car park on traffic in the area. . The house to be demolished should be kept and used for a community type use.

PLANNING SCHEME PROVISIONS

The State Planning Policy Framework (SPPF) Clause 15.01-1 of the State Planning Policy Framework relates to Urban Design. The objective to this Clause is as follows: . To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

Clause 15.01-2 of the State Planning Policy Framework relates to Urban Design Principles: The objective to this Clause is as follows: . To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

Clause 15.01-4 of the State Planning Policy Framework relates to Design for Safety. The objective to this Clause is as follows: . To improve community safety and encourage neighbourhood design that makes people feel safe.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

Clause 15.01-5 of the State Planning Policy Framework relates to cultural identity and neighbourhood character. The objective to this Clause is as follows: . To recognise and protect cultural identity, neighbourhood character and sense of place.

Clause 15.03-1 of the State Planning Policy Framework related to heritage conservation. The objective to this Clause is as follows: . To ensure the conservation of places of heritage significance.

Clause 18.02-5 of the State Planning Policy Framework relates to car parking. The objective to this Clause is as follows: . To ensure an adequate supply of car parking that is appropriately designed and located.

The proposal is considered to meet the objectives of the State Planning Policy Framework as outlined above. The proposed car park has been designed to retain all of the existing street trees which are a main characteristic of the surrounding area and in doing so will respect the existing streetscape character of the area.

In addition, although the car park will extend into the grassed area to the rear of the site by 50m, a 50m buffer will be provided from the car park to the walking track around the Lake. This grassed area is adequate in order to retain the feel of the existing open space of the immediate surrounds.

The design of the car park will provide for areas of landscaping around its perimeter and within the car park area itself. The landscaping provided will offset the hardstand area and will integrate the development with the surrounding natural environment.

The applicant has submitted a heritage report undertaken by a suitably qualified person. This report has highlighted that the proposal will not have an unreasonable impact on the historical significance of the site and Benalla Urban Conservation Area historical precinct.

Local Planning Policy Framework (LPPF)

Clause 21.07-3 of the Local Planning Policy Framework relates to landscape character. The objective to this Clause is as follows: . To manage and protect the landscape character of the municipality.

Clause 21.07-7 of the Local Planning Policy Framework relates to European Heritage. The objective of this Clause is as follows: . To protect and enhance all heritage buildings and places.

Clause 21.07-8 of the Local Planning Policy Framework relates to Aboriginal Heritage. The objective of this Clause is as follows: . To consider Aboriginal heritage in all aspects of land use planning.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

The proposal is considered to meet the objectives of the Local Planning Policy Framework. The proposal will respect the existing landscape character and will not have an unreasonable impact on the historical significance to the site or historical precinct.

With regard to aboriginal heritage the subject site is located within an area of aboriginal cultural sensitivity. A Cultural Heritage Management Plan has been submitted to the Council. This plan has been approved by the Yorta Yorta Nation Aboriginal Corporation and complies with the requirements of the Aboriginal Heritage Act 2006. The proposal complies with Clause 21.07-8.

Zone Pursuant to Clause 32.08 of the Benalla Planning Scheme part of the subject site is located within a General Residential Zone. The purpose of this zone is as follows: . 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. . To allow educational, recreational, religious, community and a limited range of other nonresidential uses to serve local community needs in appropriate locations.

A planning permit is not required for the development of a car park in this zone as the development is exempt under the provisions of Clause 62.01 of the planning scheme. A planning permit is required to use the land for a car park.

Pursuant to Clause 36.02 of the Benalla Planning Scheme part of the subject site is located within a Public Park and Recreation Zone. The purpose of this zone is as follows: . To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. . To recognise areas for public recreation and open space. . To protect and conserve areas of significance where appropriate. . To provide for commercial uses where appropriate.

A planning permit is not required to use or develop the land for a car park in this zone as the use and development is being undertaken by the public land manager.

Part of the subject site is located within a General Residential Zone. The proposal is considered to meet the purpose objectives of this zone as follows:

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

The proposed car park will be adequately landscaped along the boundaries of the site and will retain all existing native vegetation and street trees. The proposal will therefore respect the neighbourhood character of the area which provides for tree lined streets with scattered canopy trees on relatively open allotments.

The proposal provides for car parking to serve the local community need. On-street parking is well used at the northern end of Mair Street and right throughout Church Street. The proposed car parking will allow patrons of the Benalla Aquatic Centre to park in proximity to the site and will provide an off-site parking option for businesses existing in Church Street. The car parking provided may also alleviate parking capacity issues currently being experienced in Church Street. The car park is also in proximity to Lake Benalla and can provide a direct link from the car park to people wishing to use the Lake Benalla Environs for recreational purposes.

Part of the subject site is also located within a Public Park and Recreation Zone. The public nature of the car park is considered to be consistent with the purpose of this zone.

Overlays Pursuant to Clause 43.01 of the Benalla Planning Scheme the subject site is affected by a Heritage Overlay Schedule 26. The purpose of this overlay is as follows: . To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. . To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places. . To ensure that development does not adversely affect the significance of heritage places. . To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

A planning permit is not required to develop the car park and demolish the existing dwelling on the site as this is exempt under Clause 62.01 of the planning scheme. A planning permit is required to remove any trees under the provisions of this overlay.

Pursuant to Clause 43.02 of the Benalla Planning Scheme the front south-east corner of the subject site is affected by a Design and Development Overlay Schedule 1. The design objectives of this overlay is as follows: . Protect Benalla aerodrome, an important asset from development that may affect the safe flying environment of the aerodrome and approaches. . Protect the approaches to the Benalla Aerodrome by regulating the construction and height of buildings or works or natural vegetation. . Specify the height limitations which apply to the area around the Benalla Aerodrome and along the flight path approaches to the runways.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

A planning permit is not required to develop the car park and demolish the existing dwelling on the site as this is exempt under Clause 62.01 of the planning scheme.

Pursuant to Clause 44.04 of the Benalla Planning Scheme the rear (west) portion of the subject site is affected by a Land Subject to Inundation Overlay. The purpose of this overlay is as follows: . To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. . To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority. . To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. . To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration has been made. . To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria). . To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health.

A planning permit is not required to develop the car park and demolish the existing dwelling on the site as this is exempt under Clause 62.01 of the planning scheme.

Design and Development Overlay Schedule 1 The subject site is affected by a Design and Development Overlay Schedule 1. The main purpose of this overlay is to ensure that buildings do not encroach within the flight path of the Benalla Airport. The proposal for a car park constructed at ground level complies with the flight path maps under the provisions of the overlay. The proposal will therefore not impede the flight path of the Benalla Airport and will therefore meet the objectives to this overlay.

Land Subject to Inundation Overlay The subject site is located within a Land Subject to Inundation Overlay. The proposal was referred to the Goulburn Broken Catchment Management Authority for comment. The Catchment Management Authority raised no objection to the proposal. Given the construction at ground level it is not expected that the proposal will have an impact on overland flow of floodwaters. The proposal complies with the objectives of the overlay.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

Referrals

External Referrals/Notices Required by the Planning Scheme:

Referrals/Notice Advice/Response/Conditions Section 52 Referrals Goulburn Broken Catchment No objection Management Authority Internal Council Referrals Advice/Response/Conditions Engineering No objection subject to conditions Heritage Adviser The heritage adviser raised concerns with the proposal advising that there was no real discussion on the impact of the heritage area with the removal of the house which appears to be a contributory item. As a result the applicant has engaged a heritage consultant to provide expert advice on the proposal. The advice of the consultant regarding the historical impact of the proposal on the site is detailed below

Objectors’ Concerns

There is no evidence to suggest the need for a car park on this land Council engaged CPG Australia Pty Ltd in May 2009 to prepare a Benalla Traffic and Parking Study and Car Parking Precinct Plan for the Benalla Central Business Area (CBA). The Traffic and Parking Study and Car Parking Precinct Plan applies to the whole of the business area zoned Business 1 centered around Bridge Street, Nunn Street, Fawckner Drive and extending eastwards along Bridge Street to Witt Street / Samaria Road.

Evidence of the need for car parking is contained within these reports. It is also evident that on- street car parking in Church Street and Mair Street is well utilised and an off-street car park in this area will reduce pressure for the on-street parking.

The proximity of the car park to the lake will have a negative impact on those who use the lake The car park will be constructed at ground level and will have limited visibility from the Benalla Lake Environs with the change in the natural ground between key viewing points and the car park. Existing native vegetation and a landscaped buffer of at least 50m between the proposed car park and the Lake Benalla walking track will reduce any negative visual impact of the car park. As a result the above ground for objection is not supported.

Views will be interrupted between the lake and the green space through the construction of the car park Although the car park will reduce the extent of the existing open space to the rear of the existing dwelling by 50m; 50m of open space and existing native vegetation will be retained. It is considered that this area will be adequate in order to preserve buffer the car park and the walking track area.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

Light pollution will have a negative impact on the ambience of the area for people walking around the lake Lighting for car parks ensure the safety of users during the evening hours until the morning. Lighting is also generally designed to face in a downwards direction only so that it only illuminates the area of the car park and to avoid light spillage to adjoining properties; which may cause nuisance to other sites or traffic. Subject to conditions regarding limited light spillage, it is considered that the proposal will not have a negative impact on the ambience of the area surrounding the lake.

Traffic from within the car park will cause noise pollution to people walking around the lake It is expected that traffic noise from the car park will be very limited and will not have an unreasonable impact to people walking around the lake. Traffic noise from the car park is considered to be intermittent only; as cars move in and out of the site. Prime use of the track is in the early morning and afternoon when parking is less likely to have significant movement. As a result the above claim cannot be substantiated.

Views from the swimming pool will be spoilt by the car park The car park will be constructed at ground level. Therefore views from the swimming pool through the subject site will not be interrupted. In addition, there is no legal right to a view unless the planning scheme provides for it. In this instance the planning scheme does not provide for such a right. It is therefore considered that the objection cannot be supported.

The archaeological report addresses indigenous culture and concludes that there will be no impact on heritage The archaeological report was submitted by the applicant as the subject site is located within a designated site of Aboriginal Cultural Sensitivity. This report has been approved by the Yorta Yorta Nation Aboriginal Corporation and complies with the requirements of the Aboriginal Heritage Act 2006.

A further heritage report undertaken by a suitably qualified person has been submitted by the applicant to assess the post-settlement heritage values and impacts. This report concludes that the proposal will have no unreasonable impacts to the historical significance of the site or Benalla Urban Conservation Area precinct.

The proposed car park will have a negative impact on traffic. There is a lack of analysis of the impact of the car park on traffic in the area The proposed car park has been referred to Council’s Engineering Unit for comment. The Engineering Unit considered the proposal from a range of perspectives including how the car park can operate in a manner that will not impact on the surrounding road network. The Engineering Unit have commented on the proposal and proposed a range of conditions that will increase the safety of car movements within the site and to the surrounds. As a result, the proposal will not have an unreasonable impact to the surrounding road network.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

The house to be demolished should be kept and used for a community type use Although the applicant has engaged a heritage consultant to undertake an analysis of the demolition of the dwelling, the dwelling demolition does not require a planning permit pursuant to Clause 62.02-1 of the Benalla Planning Scheme. The issue of whether or not the existing dwelling should be retained and for what purpose cannot be considered as part of this application. No identified need exists for further community space.

DISCUSSION

Vegetation The proposal seeks to retain all of the existing street trees and all of the native vegetation on the site. The remainder of the vegetation is exotic, of little environmental value to the site and surrounds and is proposed to be removed. The applicant has submitted a report from a suitably qualified arborist detailing how all of the street trees and remaining native trees on the land can be retained without damaging their health.

The recommendations of the arborist can be incorporated into the conditions of any permit that may issue to ensure that everything is done to retain the health of the trees.

Heritage The subject site is located within Heritage Overlay Schedule 26 and forms part of the Benalla Central Urban Conservation Area. The subject land was not included within the City of Benalla Conservation Study 1992 with the exception of the streetscapes within Church Street and Mair Street.

The main defining feature of the streetscape within Church Street and Mair Street are the existing elm trees within the road reserves. The proposal seeks to retain all of the existing street trees and an arborist report has been submitted with the application detailing construction measures required to retain the street trees. Subject to appropriate conditions regarding tree protection measures the proposed street trees can be retained and the proposal will not have a negative impact on the main heritage attribute to the site.

The applicant engaged a heritage consultant to prepare a report regarding the impact of the proposal on the historical significance of the site. The report concluded that the site at 2 Mair Street is not identified as being of individual significance and it’s contribution to the heritage precinct is minimal.

In addition, the demolition of the buildings including the house and carport is not considered to be detrimental to the significance of the precinct as a whole. No unreasonable impact on the historical significance of the precinct is considered likely and the proposal meets the objectives to this overlay.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

Vehicle Movements The proposal has been referred to Council’s Engineering Unit which had no objections subject to conditions. The conditions generally relate to access/crossover widths and car movements being in a forward direction only.

An assessment of the car park dimensions has also been undertaken in accordance with Clause 52.06 (Car Parking) of the Benalla Planning Scheme. This assessment has highlighted minor deficiencies with access widths between car spaces which can be addressed through conditions of any permit that may issue.

Drainage Council’s Engineering Unit also provided conditions for any permit that may issue regarding the drainage of the proposed car park. Such conditions relate to: . treatments that will prevent soil erosion . stormwater being constructed to an outfall location that is treated using Water Sensitive Urban Design Guidelines and . drainage not being discharged onto adjoining properties.

Subject to such conditions the proposal will not cause any unreasonable issues to the surrounding drainage network.

LEGAL IMPLICATIONS

In the event that the Council decides to issue a Notice of Decision to Grant a Permit the objectors have a right of appeal against Council’s approval and the applicant has the right of appeal against conditions of the permit.

FINANCIAL IMPLICATIONS

The Council in its capacity as the responsible authority under the Planning and Environment Act 1987 must determine the permit application.

If the Council decision is appealed by any party to VCAT, Council has a statutory role in being a party to the appeal and informing and assisting VCAT.

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces . Land uses in urban and rural areas are well planned and appropriate development is managed to meet community needs and to maintain and enhance high amenity and character of our Rural City.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

Recommendation: That the Planning and Development Committee, acting under its delegated authority of the Council, issue a Notice of Decision to Grant a Permit for Planning Application No P0148/15 to use the land for a car park and the removal of vegetation at 2 Mair Street, Benalla subject to the following conditions:

(a) The access way in between car spaces to have a minimum width of 6.4m. (b) All car spaces to contain a minimum length of 4.9m and a minimum width of 2.6m.

3. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

4. Prior to the commencement of building and works hereby permitted or such later date as the Responsible Authority may approve in writing, a landscape plan incorporating:

(i) the area or areas set aside for landscaping;

(ii) a schedule of all proposed trees, shrubs and ground cover, which will include the location, number and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface materials as specified.

shall be submitted to and approved by the Responsible Authority, and when approved, such plan shall form part of the endorsed plan in accordance with this permit.

5. Before the use allowed by this permit starts, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

7. The amenity of the area must not be detrimentally affected by the use or development, through the:

(a) Appearance of any building, works or materials. (b) Transport of materials, goods or commodities to or from the land. (c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour steam, soot, ash, dust, waste water, waste products, grit or oil. (d) Presence of vermin.

8. Before any car park, drainage, pathway or landscaping works associated with the use start, detailed construction plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and a minimum of three copies (or as specified) must be provided. The information submitted must show the details listed in the council’s Infrastructure Design Manual. The plans must include: (a) Fully sealed pavement with asphalt (b) Kerb and channel (c) Concrete shared pathways (d) Access and parking (e) Underground drainage (f) Landscaping (g) Irrigation (h) Lighting (i) Street trees (j) Buffers (k) Traffic calming, appropriate intersection and traffic control/mitigation measures (l) Internal and External signage (m) Colour schemes

All works constructed or carried out must be in accordance with those plans.

9. Prior to the commencement of the use, the applicant or developer shall submit to the satisfaction of the relevant authority the following: . an assets statement for each street; . ‘as constructed’ information for the entire work detailing information as listed in the council’s Infrastructure Design Manual; . ‘as constructed’ drainage information shall be provided in D spec

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

format /PDF and CAD format for landscaping, roads and drainage (CD or other format as appropriate) to Council’s satisfaction.

10. The drainage system for the proposed car park is to be designed and constructed to an approved outfall to the satisfaction of the responsible authority, ensuring that outlet/s include a form of treatment which will prevent soil erosion, and at a location at which discharged storm-water will not affect surrounding properties.

11. The stormwater drainage system shall be constructed to an outfall location approved by the responsible authority and is to treat stormwater drainage to a quality equal to or greater than the receiving water body using Water Sensitive Urban Design guidelines as approved by the responsible authority. Information showing this detail is required to be submitted to the responsible authority prior to project completion.

12. Drainage systems should not allow stormwater to discharge onto surrounding properties and is required to be discharged to a single point into the existing municipal stormwater network.The approved works must not cut off natural drainage from or to adjacent properties.

13. Before construction works commence, detailed layout plans (including turning circles etc.) demonstrating compliance with Ausroads Publication Guide to Traffic Engineering Practice: Part 11 – Parking must be submitted to and approved by the responsible authority. The plans must be drawn to scale with dimensions. The car park is to be line marked and signed in accordance with these requirements.

14. Ingress to and egress from the car park area is to be in a forward direction only.

15. Both access points to the car park are required to be a minimum width of 6.1m to avoid conflict of vehicles whilst entering and exiting the development.

16. All footpath and associated infrastructure (crossings) must comply with AS1428 – Design for Access and Mobility.

17. No service pits or valves installed as part of this development are permitted within existing or new road pavement areas or pathways, unless otherwise approved by the responsible road authority.

18. A G7-3-1 Entry to parking area signs are to be installed on Church Street to indicate the entrance of the car park.

19. Lighting for the allotment is to be installed as required to standards as specified in AS/NZS 1158.3.1 - Lighting for roads and public spaces - Pedestrian area (Category P) lighting - Performance and design requirements.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

20. Prior to any works commencing on site a lighting plan must be submitted to and approved by the Responsible Authority. The developer must ensure that all lighting is fitted with cut-off luminaries (baffles), to positively prevent any adverse effect on the adjoining land and to prevent the emission of direct and indirect light onto adjoining roadways, land and premises. The lighting plan must include location, type, power consumption, light spread and height of the mounting poles to the satisfaction of the Responsible Authority.

21. Stop signage (R1-1) is to be installed within the allotment at the exit of the car park area to prevent pedestrian - vehicle collisions when vehicles exit the allotment.

22. No fewer than 40 car spaces must be provided on the land for the use and development including three car spaces clearly marked for use by disabled permit holders.

23. A sign or signs must be provided to the satisfaction of the Responsible Authority to direct drivers to the on-site car parking area(s). Such sign(s) must be located in the vicinity of the frontage of the subject land and maintained to the satisfaction of the Responsible Authority. The sign(s) must not exceed 0.3 square metres in area.

24. In accordance with the Planning and Environment Act 1987 a permit for the use and/or development expires if: (a) the development is not commenced within four years and completed within five years after the issue of the permit; or (b) the use does not start within two years after completion of the development; or (c) the use is discontinued for a period of two years.

BENALLA RURAL CITY COUNCIL

Disclaimer

This publication has been compiled from various sources and maybe of assistance to you, but the various source providers and the Benalla Rural City Council and its employees do not guarantee that the publication is PO Box 227 without flaw of any kind or is wholly  Benalla Vic 3671 appropriate for your particular purposes and therefore disclaims all liability for any error, Ph: 03 5760 2600 loss or other consequence which may arise Fax: 03 5762 5537 from you relying on any information in this www.benalla.vic.gov.au Scale: 1:831.3 @ A4 publication. Email: Coordinate System: GDA94 MGA Created by on Thursday, 11 August 2016 [email protected] Zone 55 BRC File Reference No : Copyright Benalla Rural City Council

Agenda – Planning and Development Committee 17 August 2016

4. Planning Application No P0068/16 – Dog Breeding Facility – 418 Four Mile Road, Benalla DA2525 Joel Ingham – Planning Coordinator Nilesh Singh – Manager Development

PURPOSE OF REPORT

A planning application (No. P0068/16) has been received for the use of the land for a dog breeding facility at 418 Four Mile Road, Benalla. The proposal is provide a dog breeding facility for up to 10 German Shepherds.

BACKGROUND

Site Address 418 Four Mile Road, Benalla Existing Use Existing dwelling and dog breeding facility for five dogs. Proposal To use the land for a dog breeding facility for up to 10 dogs Applicant Wayne Teichert Zone Farming Zone Overlays Nil Referrals Environmental Health, Engineering

SITE AND SURROUNDS

The subject site is located on the eastern side of Four Mile Road, approximately 640m south of the intersection with Basin Road. The site is rectangular in shape with a frontage to Four Mile Road of 127.1m and a depth of 314.74m, yielding an overall site area of 4ha.

The site contains an existing dwelling located 80m from the front boundary and 18m from the southern boundary of the site. A carport and shed are located in proximity to the dwelling. The dwelling and yard area are accessed via a crossover and driveway off Four Mile Road. The driveway leads to the rear of the existing dwelling. Five dogs (two male and three female) live on the site in yarded areas to the north and east of the existing dwelling. The existing use currently complies with the Benalla Planning Scheme in that not more than five dogs are kept on the land.

The surrounding area is zoned Farming and contains lots ranging in area from 4ha to 60ha. To the north and south of the site are rural living style lots containing dwellings and associated outbuildings on lots of 4ha in area. To the east and west of the site are larger parcels of land used for agricultural purposes including open grazing. The Four Mile Road location is a gravel road.

Appendix 1 shows an aerial photograph of the site and surrounds.

BENALLA RURAL CITY COUNCIL 21 Agenda – Planning and Development Committee 17 August 2016

PROPOSAL

The applicant seeks to increase the number of dogs on the land from five to 10; being the addition of three fertile German Shepherd females in the short term which would bring the total number of dogs on the land to eight with the ability to expand the operation in the future.

The dogs are proposed to be yarded in an existing area to the north and east of the dwelling in six separate yards. A whelping area is located abutting the east side of the existing shed. Each yard is provided with a partially open sided kennel constructed from corrugated iron with wooden support posts. The intention of the operation is to sell the German Shepherd pups to other people. The pups are generally sold prior to birth and are kept on the site for approximately eight weeks until the buyer picks them up. Dog pick up will be by appointment.

It is proposed to clean dog excrement from the yards morning and afternoons and dispose of it to the rear of the site.

Appendix 2 provides a plan of the proposed use.

PLANNING SCHEME PROVISIONS

State Planning Policy Framework

Clause 11.05-3 of the State Planning Policy framework relates to rural productivity. The objective of this clause is as follows:

To manage land use change and development in rural areas to promote agriculture and rural production.

Clause 13.04-1 of the State Planning Policy framework relates to noise abatement. The objective of this clause is as follows:

To assist the control of noise effects on sensitive land uses.

Clause 14.01-1 of the State Planning Policy Framework relates to protection of agricultural land. The objective to this clause is as follows:

To protect productive farmland which is of strategic significance in the local or regional context.

Clause 14.01-2 of the State Planning Policy Framework relates to sustainable agricultural land use. The objective of this clause is as follows:

To encourage sustainable agricultural land use.

Dog keeping is not a usual form of rural production; however, the larger than conventional residential lot does facilitate a use such as this more readily that other zones. The question is then, if the nature of the activity is sustainable without detriment to neighbours in terms of noise, odour or the like.

BENALLA RURAL CITY COUNCIL 22 Agenda – Planning and Development Committee 17 August 2016

Local Planning Policy Framework Clause 21.08-3 of the Local Planning Policy Framework relates to agriculture. The objective of this overlay is as follows:

To protect agricultural areas from inappropriate and unsustainable development.

Although dog breeding and keeping is not a usual form of agricultural production, the larger size of the allotments in a Farming Zone makes it more amenable to such a use. The reduced density of housing in Farming Zone areas also reduces the potential for amenity impacts to adjoining properties.

Zone

Pursuant to Clause 35.07 of the Benalla Planning Scheme the subject site is located within a Farming Zone. The following objectives apply to this zone: . To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. . To provide for the use of land for agriculture. . To encourage the retention of productive agricultural land. . To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. . To encourage the retention of employment and population to support rural communities. . To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

A dog breeding facility is nested under the definition of Animal Keeping under the definition section of the Benalla Planning Scheme. Animal Keeping within a Farming Zone is a Section 2 – Permit required use under the provisions of the Farming Zone if the number of animals exceeds five. As the proposal exceeds five dogs on the site at any one time the proposal requires a planning permit for the use and any associated buildings and works.

Notification of the application

In accordance with Section 52 of the Planning and Environment Act 1987 notice of the application was given by notifying all adjoining landowners and occupiers. In addition a notice was displayed on site.

A total of two objections and two letters of support were received:

The grounds of objection and reasons of support can be summarized as follows:

BENALLA RURAL CITY COUNCIL 23 Agenda – Planning and Development Committee 17 August 2016

Objections: . The proposal will have an unreasonable impact with regard to noise, especially when there are no occupants present. . The dogs are classed as a dangerous animal and when pedestrians go past the site the dogs bark fiercely. . The proposal will have an impact on public safety. . The proposal will effect real-estate values and future developments. . The surrounding site is zoned for agricultural purposes and dogs are a big threat to stock. . There is no cap on the number of dogs taking into account the pups on the site for potentially eight weeks. . Residents were not informed of the use before the owner had started the operation. . There is no provision for the disposal of dog excrement. . The proposal requires visitors to the site to pick up dogs which will impact on Four Mile Road which is maintained to a minimum standard.

Support: . No issues to date regarding noise or disturbances. . Any concerns from the proposed use can be discussed appropriately between neighbours. . The owner has a very well organised and clean operation. . The proposed use is not a puppy farming enterprise and the owner has a high level of animal care. . The dog housing is well-managed, clean and generous in area. . The facility is on par with the best canine breeding facilities observed.

Referral Responses

Internal Council Advice/Response/Conditions Referrals Environmental Health No objection subject to conditions.

OBJECTORS CONCERNS

The proposal will have an unreasonable impact with regard to noise, especially when there are no occupants present.

The proposal has been referred to Council’s Environmental Health Unit which had of no objection to the proposal subject to conditions. The conditions relate to noise measures regarding acoustic treatment of kennels and the provision of a Site Management Plan that addresses noise issues such as electronic masking devices or similar.

BENALLA RURAL CITY COUNCIL 24 Agenda – Planning and Development Committee 17 August 2016

Upon inspection of the site the dogs seemed to create very little noise, even with the presence of a sensitive receptor. The barking was not incessant and was very limited. It is thought that this is due to the presence of the operator on site and as a result it is considered that should a permit be issued a condition of the permit should require that a person should be on site at all times while the use is in operation. Due to the limited barking the condition of Council’s Environmental Health Unit to provide for acoustic treatment of the kennels is not recommended.

Subject to conditions as outlined by Council’s Environmental Health Unit the use will unlikely result in unreasonable noise emitted to adjoining and surrounding properties.

The dogs are classed as a dangerous animal and when pedestrians go past the site the dogs bark fiercely

The dogs to be bred on the property are German Shepherds. This breed is not classified as a restricted breed under the Domestic Animals Act 1994 and therefore is not classified as a dangerous animal. In addition, it is quite normal for any dogs to bark at passers-by that they may not recognise as they pass a site. The above ground of objection cannot be substantiated.

The proposal will have an impact on public safety

The use is currently existing on the site in a reduced capacity and to date there have been no reports to Council’s Compliance Unit of dogs leaving the site. Upon inspection the site is secure with additional height given to the front fence to prevent dogs from jumping over the fence and into the road reserve. It is therefore considered that this ground cannot be substantiated.

The proposal will effect real-estate values and future developments

The devaluation of properties is not a valid planning consideration and as a result will not be taken into account in the assessment of this proposal.

The surrounding site is zoned for agricultural purposes and dogs are a big threat to stock

The surrounding area is zoned Farming and larger lots to the east and west of the site are used for grazing purposes. The adjoining lots to the north and immediate south of the site are practically rural living allotments that are not used for agricultural purposes. Dogs escaping the site have the potential to harm livestock. The use is existing on the site albeit (in a smaller capacity) and to date no complaints have been received by Council to suggest that the dogs have been leaving the site. Council’s Compliance Officers note that the site seems to be well kept and secure. A condition of any permit issued can require that the site is sufficiently secured to the extent that the dogs cannot leave the site. Furthermore the value of the breed of dogs and pups will make such supervision and enclosure in the best interest of the applicant.

BENALLA RURAL CITY COUNCIL 25 Agenda – Planning and Development Committee 17 August 2016

There is no cap on the number of dogs taking into account the pups on the site for potentially eight weeks

The cap on the number of dogs is set at 10 as outlined in the application. It is industry standard that the number is dogs is based on the number of fertile female dogs. In this instance pups are generally not taken into account in the number of dogs on the site as they will only be on site for a period of eight weeks before they are rehoused with a purchaser. Waiting lists are usually kept by responsible dog breeders minimising the time pups are held to that required to move and wean.

Residents were not informed of the use before the owner had started the operation

The operation is currently being undertaken on the site with five dogs including three female dogs and two male dogs. The use complies with the requirements of the Farming Zone under the Benalla Planning Scheme and does not require a planning permit. Now that the owner of the site wishes to expand their business by adding an extra five dogs, a planning permit is required. All adjoining landowners and occupiers have been informed of the planning application in accordance with Section 52 of the Planning and Environment Act 1987 and the Council’s public notification policy.

There is no provision for the disposal of dog excrement

The proposal outlines that dog excrement will be cleaned from the yards in the morning and afternoon and disposed of to the rear of the site. This can lead to an unhygienic area to the rear of the site which according to objectors could lead to contamination of water runoff. In order to provide for a cleaner environment it is recommended that the dog excrement be cleaned daily, stored and then removed from the site in an appropriate manner, as a condition of any permit issued can require this.

The proposal requires visitors to the site to pick up dogs which will impact on Four Mile Road which is maintained to a minimum standard

The number of the car movements to the site as a result of the proposed business is considered to be limited. The road is currently on Council’s road register and will be maintained in accordance with priority of need of maintenance. Other agricultural uses generate a range of different vehicle movements. This use is unlikely to generate vehicles larger than passenger cars.

DISCUSSION

General Assessment

The subject site is located within a Farming Zone. Animal Keeping is a Section 2 – Permit Required Use under the provisions of the zone which indicates that if the land is situated in a suitable area for Animal Keeping than the site may be appropriate to conduct such a use.

BENALLA RURAL CITY COUNCIL 26 Agenda – Planning and Development Committee 17 August 2016

It is considered that a Farming Zone, Rural Conservation Zone or Industrial Zone in the area around Benalla Rural City Council are the only such zones that can entertain such uses due to these areas having large expanses of land and less densely populated areas. A dog breeding facility in a Farming Zone has less potential to cause amenity impact to surrounding properties.

Activities within a Farming Zone also should not be expected to be quiet and peaceful. In fact, most agricultural uses in areas zoned Farming contain environments that provide for different types of noise including, tractors, irrigation pumps, generators, animal sounds and other machinery. The proposed dog breeding facility may cause some noise to the surrounding area; however it is considered that subject to conditions that reduce the level of noise emitted, the noise will be in keeping with the surrounding noise generated by agricultural activities and will not be unreasonable to adjoining properties.

Noise

Noise from barking dogs has the potential to cause unreasonable levels of noise to adjoining properties. There are five dwellings on adjoining properties within 500m of the proposed kennel location to the south and north of the site. There are measures that can be undertaken can reduce the noise levels so that they do not cause an unreasonable level of noise to adjoining properties.

If a permit were to issue all of these measures would be included as a condition of the permit. The measures take three different forms of management which include; building design, operational management and landscaping.

Upon inspection of the site it was found that the dogs did not incessantly bark and were in fact quite when under the control of the operator. For this reason it is considered that acoustically treating kennels is not required in this instance.

With regard to management principles all measures must be undertaken to ensure that dogs are not enticed to bark through visual stimuli. This includes not exercising dogs in front of other dogs, making sure that dog owners do not come into the kennel area and ensuring that a staff member is on site at all times of the day and night to manage the kennels. It is considered that such management practices will reduce the amount of noise emitted to adjoining properties.

It is common practice to plant lemon trees in proximity to kennel areas to reduce the amount of barking from dogs. The lemon trees mask the scent of other odours into the dog kennels that may start the dogs barking. A condition any permit issued can require a landscape plan for the site which show the provision of lemon trees.

BENALLA RURAL CITY COUNCIL 27 Agenda – Planning and Development Committee 17 August 2016

Waste Management

The proposal has been referred to Council’s Environmental Health Unit which advised of conditions relating to effluent treatment and stormwater provision. Documentation must be shown detailing effluent treatment including cut-off drains that direct stormwater around the kennels’ and exercise yards. Any effluent or stormwater discharge must not be directed to adjoining properties. Furthermore, a condition of the permit will require that solid waste is disposed of offsite by registered waste disposal and not to the rear of the site as outlined within the proposal.

Site Management

The applicant has provided details of how the site will be managed with the planning application. However more detail is required in order to ensure that the use is conducted in an appropriate manner that does not disturb the neighbourhood and provides for an appropriate use of the land. A Site Management Plan can be required as a condition of any permit issued. The Site Management Plan should address the following aspects: . Measures to limit the escape of noise. . An incident register for complaints arising from the conduct of the business. . Standard measures for the disposal of faeces. . Measures for exercising dogs within the site. . Maintenance of drainage and waste treatment equipment and infrastructure. . Pick up times for patrons to purchase their dogs.

The Site Management Plan must be submitted prior to the use commencing on the site and will be endorsed to from part of the planning permit

LEGAL IMPLICATIONS

In the event that Council decides to issue a Notice of Decision to Grant a Permit the objectors have a right of appeal against Council’s approval and the applicant has the right of appeal against conditions of the permit. Should the application be refused the applicant has the right of appeal against Council’s decision.

FINANCIAL IMPLICATIONS

Council in its capacity as the responsible authority under the Planning and Environment Act 1987 must determine the permit application.

If the Council decision is appealed by any party to VCAT, Council has a statutory role in being a party to the appeal and informing and assisting VCAT. Costs associated with the assessment of the application and any likely appeal will be met from project budgets.

BENALLA RURAL CITY COUNCIL 28 Agenda – Planning and Development Committee 17 August 2016

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces Land uses in urban and rural areas are well planned and appropriate development is managed to meet community needs and to maintain and enhance high amenity and character of our Rural City.

Recommendation:

That the Planning and Development Committee, acting under its delegated authority of the Council, issue a Notice of Decision to Grant a Permit for Planning Application No P0068/16 to use the land for a dog breeding facility at 418 Four Mile Road, Benalla subject to the following conditions:

1. Prior to the commencement of the use, three (3) copies of plans are required to be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit (the plans must be drawn to scale with dimensions and three copies must be provided). The plans must be generally in accordance with the plans submitted with the application but amended to show or include:

. A site plan at scale 1 to 500 or 1 to 100 showing the location of all buildings, dams, drainage facilities and drainage lines with dimensions nominated as the minimum distance of the kennels from all property boundaries. . The site plan to show all existing and proposed yards and whelping areas. . The site plan to show the location of at least three lemon trees in proximity to the yarded area. . Documented effluent treatment including cut-off drain that directs stormwater around the kennels’ facility including the runs, and waste water disposal fields or treatment areas.

2. The land must be developed and used thereafter in accordance with the endorsed plans. The layout of the site and the size and type of the proposed buildings, works and landscaping, including the materials of construction, as shown on the endorsed plans, must not be altered or modified, unless in accordance with this permit, without the consent in writing of the Responsible Authority.

3. Prior to the commencement of the use, a “Site Management Plan” must

be prepared and submitted to the Responsible Authority for approval. The

premises must be operated and managed at all times to the satisfaction of

the Responsible Authority in accordance with the endorsed “Site

Management Plan”. The “Site Management Plan” must include but not

limited to the following:

BENALLA RURAL CITY COUNCIL 29 Agenda – Planning and Development Committee 17 August 2016

. Measures to limit the escape of noise from the kennels, particularly at night time, which may include use of electronic masking devices or similar

. An Incident Register (for complaints or incidents arising out of the conduct of the business) and measures taken to remediate the issue . Standard measures for disposal of faeces, wastewater and other material derived from the kennels’ operation . Maintenance of drainage and waste treatment equipment and infrastructure . access to yards shall be restricted solely to staff

. management of the exercising of dog(s) so as to prevent dog(s) from

being exercised adjacent to occupied kennels in order to reduce visual

stimuli to the dogs

. animals may only be delivered to and collected from the site between the hours of 8am and 7pm daily . outside exercise of the dogs may be performed only between sunrise and sunset.

4. Except with a further planning permit the number of dogs kept on site at any one time shall not exceed ten (10) dogs.

This does not include domestic dogs or cats kept as pets and owned by the landowner in conformity with any applicable local law.

5. Unless with the written consent of the Responsible Authority, a resident owner of the property or a person responsible for the management and control of the facility must be present on the site at all times while the facility is in use.

6. Prior to the commencement of the use the lemon trees required in Condition No. 1 must be planted and maintained in good health to the satisfaction of the Responsible Authority.

7. Kennels and dog yards shall be kept clean at all times and shall not cause nuisance by reason of odour or otherwise.

8. Dogs shall only be exercised in fenced yards in the vicinity of the kennels and shall not wander at large on the subject land.

9. The kennels and related facility must be drained to the satisfaction of the Responsible Authority. This includes providing plans and documentation of cut-off drains which are constructed to direct stormwater around the kennels facility including the runs, and the waste water disposal fields to the satisfaction of the Responsible Authority.

BENALLA RURAL CITY COUNCIL 30 Agenda – Planning and Development Committee 17 August 2016

10. Collection of wastewater, including absorption drains and/or collection pits to prevent the escape of effluent beyond the site to the satisfaction of the Responsible Authority.

11. An effluent/waste disposal system must be installed to the satisfaction of the Responsible Authority. Such effluent/waste must not be discharged into neighbouring channels or drains.

12. All solid waste excreta must be collected from the kennels and exercise yards on at least a daily basis, stored, removed from the site and disposed of in such a manner as to avoid any nuisance, pollution or loss of amenity to the surrounding area. Solids must be removed off-site via a waste disposal service to the satisfaction of the Responsible Authority.

13. The kennels and exercise yards must be kept clean at all times and regularly disinfected to prevent the spread of disease to the satisfaction of the Responsible Authority.

14. All fresh dog food is to be kept in refrigerated storage and all dry dog food is to be kept in vermin proof containers.

15. All available means, including feeding and exercising at regular times

each day, shall be used to prevent the barking of dogs, so as to prevent

the use becoming a nuisance, by reasons of noise, to nearby persons.

16. No external sound amplification equipment, horns, hooters, telephone warnings or loudspeakers shall be used for the purpose of announcements broadcasts, playing of music or similar purpose.

17. The use or development hereby permitted must not cause nuisance or injury to, or prejudicially affect the amenity of the locality, by reason of the appearance of any building works or materials on the land, the emission of noise, light, smell, dust, waste products, the presence of vermin or otherwise.

18. All materials stored on the site must be stored out of view or in such manner as to not cause unsightliness when viewed from nearby lands or roadways.

19. No advertising sign exceeding 0.3m² shall be erected, painted or displayed on the subject land without the approval of the Responsible Authority, unless in accordance with the provisions of the Benalla Planning Scheme.

BENALLA RURAL CITY COUNCIL 31

Disclaimer

This publication has been compiled from various sources and maybe of assistance to you, but the various source providers and the Benalla Rural City Council and its employees do not guarantee that the publication is PO Box 227 without flaw of any kind or is wholly  Benalla Vic 3671 appropriate for your particular purposes and therefore disclaims all liability for any error, Ph: 03 5760 2600 loss or other consequence which may arise Fax: 03 5762 5537 from you relying on any information in this www.benalla.vic.gov.au Scale: 1:6,228 @ A4 publication. Email: Coordinate System: GDA94 MGA Created by on Thursday, 11 August 2016 [email protected] Zone 55 BRC File Reference No : Copyright Benalla Rural City Council

Agenda – Planning and Development Committee 17 August 2016

5. Planning Permit Application P0067/16 – 25 Bridge Street East, Benalla – Advertising Sign Frank Darke – Planning Officer Nilesh Singh – Manager Development

PURPOSE OF REPORT

This report assesses a planning application for the display of an advertising sign on the façade of a building in a heritage precinct.

BACKGROUND

Site Address 25 Bridge Street East. Existing Use Shop Proposal To display promotional signage Applicant P Symes and M Devlin, Ray White Real Estate Zone Commercial 1 Zone (C1Z) Overlays Heritage Overlay (HO26) Design and Development Overlay Schedule 1 (DDO1) Land Subject to Inundation Overlay (LSIO) Parking Overlay (PO1) Referrals Council’s Heritage Advisor VicRoads

Proposal The applicant is seeking approval for the display of a new sign over existing signage located on the south west façade of a two storey building in the heritage overlay. There is no record of a planning approval for the existing sign.

The proposed sign does not relate to the building on which it is displayed, but advertises Ray White Real Estate which is located at 20-22 Bridge Street. The proposed sign will have dimensions 1.8m wide and 2.4m high and an image as shown below.

Proposed sign

BENALLA RURAL CITY COUNCIL 32 Agenda – Planning and Development Committee 17 August 2016

Proposed sign superimposed on the building

Site and Surrounds The subject site is located on the north east corner of Bridge Street and Nunn Street, Benalla. The existing building is two storeys and has a shop on the ground floor and what has previously been residential accommodation on the first floor. The building was erected circa 1930.

The site and surrounding buildings form part of the Benalla Central Business Area. There is a mixture of architectural styles in the area. The subject site forms part of the Benalla Central Urban Conservation Area. This area is locally significant for its role as the commercial centre of the City since 1850. The main area of significance with regard to this precinct as relevant to the planning application is the exploitation of Bridge and Nunn Street as the principal shopping streets, supported by Carrier and Mair Street.

The subject site is not listed a contributory building within the City of Benalla Conservation Study 1992, however, comments received by Council’s Heritage Adviser detail that the building is one of Benalla’s finest. To display a sign in a prominent part of the building (above the awning), which is located in a prominent location within the precinct will detract from the historical significance of the building in its context with the precinct.

BENALLA RURAL CITY COUNCIL 33 Agenda – Planning and Development Committee 17 August 2016

Permit/Site History There is no permit history for the site.

Public Notification The application was not required to be advertised as notification for the construction or display of a sign is exempt under the provisions of the Heritage Overlay.

PLANNING SCHEME PROVISIONS

The State Planning Policy Framework (SPPF)

State Planning Policy Framework

Clause 15.01-1 of the State Planning Policy Framework relates to Urban Design. The objective to this Clause is as follows:

“To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.”

Clause 15.03-1 of the State Planning Policy Framework relates to Heritage conservation. The objective of this clause is as follows:

“To ensure the conservation of places of heritage significance.”

The Local Planning Policy Framework (LPPF)- including the Municipal Strategic Statement (MSS) and local planning policies

Clause 21.07-7 of the Local Planning Policy Framework relates to European Heritage. The objective of this clause is as follows:

“To protect and enhance all heritage buildings and places.”

The proposal is considered to be incompatible with the objectives of both the State and Local Planning Policy Framework. The proposal has been referred to Council’s Heritage Adviser who objects to the proposal based on the sign being excessive in size and too prominent. The sign will detract from what is described as being one of the finest buildings in Benalla.

BENALLA RURAL CITY COUNCIL 34 Agenda – Planning and Development Committee 17 August 2016

The proposed sign will also be located in an area which contains one the most prominent architectural features of the building. This feature which includes a rendered panel extending from the parapet of the first floor to the just above the awning adds to the historical significance of the building and covering it up with the advertising sign will detract from this.

The proposed sign does not meet the historical objectives of the relevant clauses of the Local and State Planning Policy Frameworks.

Zone Pursuant to Clause 34.01 of the Benalla Planning Scheme the subject site is located within a Commercial 1 Zone. The purpose of this zone is as follows: . To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. . To create vibrant mixed use commercial centres for retail, office, business entertainment and community uses. . To provide for residential uses at densities complementary to the role and scale of the commercial centre.

Clause 34.01-9 of the Benalla Planning Scheme advises that advertising sign controls are at Clause 52.05 in Category 1. This clause is outlined further below in the report.

Overlays Pursuant to Clause 43.01 of the Benalla Planning Scheme the subject site is affected by a Heritage Overlay Schedule 26. The purpose of this overlay is as follows: . To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. . To conserve and enhance heritage places of natural or cultural significance. . To conserve and enhance those elements which contribute to the significance of heritage places. . To ensure that development does not adversely affect the significance of heritage places. . To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

BENALLA RURAL CITY COUNCIL 35 Agenda – Planning and Development Committee 17 August 2016

Heritage Overlay Schedule 26 relates to the Benalla Central Urban Conservation Area. This area is locally significant for its role as the commercial centre of the City since 1850, with surviving physical evidence of the precinct relating to this application being: . The river crossing, its importance now being recalled by the remaining hotels and the bridge; and . The exploitation of Bridge and Nunn Streets as the principal shopping street, supported by Carrier and Mair Streets

Under the provisions of the overlay a planning permit is required for the construction or display of a sign.

Pursuant to Clause 43.02 of the Benalla Planning Scheme the subject site is affected by a Design and Development Overlay (Schedule 1). Advertising controls are not impacted by this overlay.

Pursuant to Clause 44.04 of the Benalla Planning Scheme the subject site is affected by a Land Subject to Inundation Overlay. Advertising controls are not impacted by this overlay.

Pursuant to Clause 52.05 of the Benalla Planning Scheme the proposed sign falls within Category 1 – Commercial areas. The purpose of category 1 signage is: . “To provide for identification and promotion signs and signs that add vitality and colour to commercial areas.”

The proposed sign is defined as a promotion sign. As the total advertising area of all signs on the premises does not exceed 8sqm a permit is not required for the sign under clause 52.05.

Referrals The application was referred to Council’s Heritage advisor, resulting in an objection to the proposed signage.

The application was also referred to Vicroads. No objection was offered by Vicroads to the proposed sign.

Concerns Raised by Heritage Advisor

The following comments have been received from Council’s Heritage Advisor:

In my opinion there is a problem with the signage. It is virtually using the building as a billboard. By supporting signage that is not related to the use of the building it opens up proposals for ‘excessive’ signage for any other use of the building - this is a right and expectation for any business owner. For many buildings that might not be an issue but with a heritage building it is, as you don’t want to find signage applied to inappropriate locations.

BENALLA RURAL CITY COUNCIL 36 Agenda – Planning and Development Committee 17 August 2016

The actual design of the sign is also problematical as it does not respect the heritage of the buildings. The size is also excessive in size and I realise it is large so you can read the image and text from the car - but this is not a good rationale for compromising what is one of Benalla’s finest buildings.

Signage on heritage buildings should respect the building and be located in traditional areas with a traditional content - i.e. text and logo.

While an objection by the heritage advisor does not result in a mandatory refusal, Council is obliged to give substantial weight to these comments.

DISCUSSION

The proposal must be considered in two parts. The first part is the display of the proposed new sign over the existing sign. The second part concerns the enforcement of the existing sign which was erected without planning approval.

Proposed sign

While the proposed promotion sign does not require a permit pursuant to Clause 52.05 of the Benalla Planning Scheme, it does require a permit under the Heritage Overlay. The location of the sign is especially prominent and is considered to be contrary to the objectives of the Heritage Overlay and the significance of the Benalla Central Urban Conservation Area.

The proposed sign is not considered to comply with the requirements of the State and Local Planning Policy Frameworks and Heritage Overlay controls of the Benalla Planning Scheme. The design and colours of the proposed sign do not reflect the heritage characteristics of the building. It is also considered that the size of the sign is excessive and will obscure and overcome the architectural features of the building.

Existing sign

Investigations reveal that the existing sign has been in place since about 2010. No approvals have been issued for the display or construction of this sign. Under the Benalla Planning Scheme approval is required to construct or display a sign in the Heritage Overlay. The sign is considered to be contrary to the objectives of the Heritage Overlay and is not supported by Council’s Heritage consultant. It is recommended that as the sign does not have approval, that the owner be given notice to remove the sign within 60 days or the Council will commence enforcement action for its removal.

BENALLA RURAL CITY COUNCIL 37 Agenda – Planning and Development Committee 17 August 2016

LEGAL IMPLICATIONS

The Council in its capacity as the responsible authority under the Planning and Environment Act 1987 must determine the permit application.

In the event that the Council decides to issue a Notice of Decision to Refuse a Permit the applicants have a right of appeal against Council’s decision.

FINANCIAL IMPLICATIONS

If the Council decision is appealed, Council has a statutory role in being a party to the appeal and informing and assisting VCAT. Costs associated with the assessment of the application and any likely appeal will be met from project budgets.

COUNCIL PLAN 2013-2017 IMPLICATIONS

Recommendation:

That the Planning and Development Committee, acting under its delegated authority of Council: 1. Issue a Notice of Decision to refuse the grant of a permit for Planning Application No P0067/16 for the display of signage at 25 Bridge Street East on the following grounds: i. The proposed sign contrary the State and Local Planning Policy Framework and the purpose of the Heritage Overlay. ii. The colours and design of the sign does not respect the heritage characteristics of the building. iii. The proposed sign is excessive in size and will obscure the original architecture of the building. 2 Direct the commencement of enforcement action to have the existing sign removed as it does not have town planning approval.

BENALLA RURAL CITY COUNCIL 38 Agenda – Planning and Development Committee 17 August 2016

6. Benalla Landfill and Resource Recovery Centre - Cell Construction Project CM13.001/2 Veronica Schilling – General Manager Development and Environment Tony McIlroy – Chief Executive Officer

PURPOSE OF THE REPORT

The report overviews the milestones, total costs and key learnings associated with the Benalla Landfill and Resource Recovery Centre (BLRRC) Landfill Cell and Leachate Pond construction project.

BACKGROUND

The landfill cell is the largest cell constructed by the Council.

Tenders for the auditing, quality assurance and construction of a landfill cell and leachate pond at the BLRRC were advertised, received and evaluated between July 2013 and October 2013. The appointed contractors and scope of works were as follows: . Hoare Brothers Pty Ltd – Civil Construction Contractor of Landfill Cell . James Excavations – Civil Construction Contractor of Leachate Pond . Meinhardt Pty Ltd – Third Party Construction Quality Assurance (TPCQA) . Senversa Pty Ltd – Environmental Auditor (EA) Design and Construct . Tonkin & Taylor Pty Ltd – Geotechnical Inspection Testing (GITA)

Construction of the landfill cell and leachate pond commenced in March 2014 and practical completion was achieved in February 2016.

Final approval by the Environmental Protection Authority (EPA) for the placement of waste in the landfill cell was received on the 6 June 2016.

The completed landfill cell is the Council’s first to comply with the EPA’s multi- layers lining specification (compacted clay and geosynthetic materials) and is the largest cell built within the BLRRC to date. It was anticipated at the time of the tender that the works would be completed within four months.

There is no doubt that the construction program design advice substantially under estimated the complexity of the project. The EPA together with a number of landfill experts in the State publicly acknowledge that design, audit, construction and approval to use a new cell routinely take in excess of two years from commencement of works.

BENALLA RURAL CITY COUNCIL 39 Agenda – Planning and Development Committee 17 August 2016

Several significant delays were encountered in the construction and auditing reporting phase of the project that had significant financial and delivery timeframe impacts and these can be directly related to: . project planning issues . project budgeting issues . design specification issues . inaccurate cost estimations at a tender stage . contractor, EA, TPCQA and GITA engagement issues.

DISCUSSION

The following milestones were achieved during the construction phase of the landfill cell and leachate pond:

Leachate Pond . Commencement on site - March 2014 Following the awarding of the contract on 30 October 2013 there was significant time lost in finalising contract documents, receiving final work plans and mobilization to site. Due to staff changes there was delay in preparing the relevant documents for acceptance of contracts also during this time despite telephone and email advice that the Council wished to engage the contractor. . Excavation of Pond – May 2014 The construction of the pond footprint proceeded relatively quickly given the regular shape and limited size of the works in comparison to the new cell. The contractor moved onto other projects with the intention of returning to line the pond either before or after the cell to maximize the efficiency of this stage which requires specialist sub-contractors. . Construction of Compacted Clay Liner December 2015 As works on the cell advanced the contractors returned to refresh, trim and finalised the pond in readiness for lining. . Installation of Liner – December 2015 Lining of the pond was achieved in a smooth manner with minimal issues. . Practical Completion – February 2015 Only sign off of the works by the auditors was required after this stage.

Landfill Cell . Commencement on site March – 2014 Following the awarding of the contract on 30 October 2013 there was significant time lost in finalising contract documents, receiving final work plans and mobilization to site. The work plans, essential to include in the contract papers were only received on 25 February 2014 despite several attempts to obtain the information.

BENALLA RURAL CITY COUNCIL 40 Agenda – Planning and Development Committee 17 August 2016

. Completion of Excavation of Cell – May 2014 An early delay was found with the transfer of the data from the design engineers to the contractors – this issue was not found by the auditors and the EPA who both had responsibility for approving the plan. Bulk earthworks progressed at a reasonable pace during the early stage of the project. Rain interruptions were common however with events sufficient in duration and amount to limit the ability to work safely on the site – see the chart below. In October 2014 old waste was found in the works area and work halted pending advice from the EPA on the best approach to deal with this situation. After 60 days elapsed legal advice confirmed that works could reasonably recommence on the project despite no response from the EPA. The waste was relocated from the construction area to the active tip area. This was now early December 2014. Contractors returned to site in January 2015. To date the Council has not received a response to this matter. In early 2015 the contractor’s project manager became seriously ill further impeding progress. Rain interruptions began again, despite all allocated wet weather days being used. . Construction of Compacted Clay Liner – October 2015 This period required substantial rework of the surface to achieve the required tolerance for the clay lining. The contractors had difficulty with this work and sought to engage sub-contractors with specialist experience. One firm was proposed and approved; however, another commitment meant they were unable to proceed with this work. Subsequently another sub-contractor was engaged and completed the task. Measuring the compacted clay lining thickness challenged surveyors working on the project and new techniques were required to measure and confirm compliance with the specification. . Installation of Liner – November 2015 Warming weather made keeping the compacted clay liner at optimum moisture difficult during this phase. Lining was undertaken with a limited number of issues – a design issue with the anchor trench required extensive negotiation with the civil engineers, auditors and contractors. Despite the extreme heat days early last summer the lining was able to be installed in the expected timeframe once the anchor trench issue was resolved. . Supply and installation of Leachate Aggregate – February 2016 This issue ran from early December 2015 to February 2016 with there first being a problem with the specifications for the type of material to be used (rounded river stones) and then once the designer accepted an alternative locally produced quarry material there was an issue with the contractual arrangements between the Council’s contractor and the local quarry. This required the hydrostatic testing of two batches of alternative stones before installation could commence. Each testing process added further time delays to works.

BENALLA RURAL CITY COUNCIL 41 Agenda – Planning and Development Committee 17 August 2016

The installation of the aggregate layer was then further delayed by debate over the consistency of the stone sizes and the method of sampling used. This took a number of weeks to resolve. Whilst the installation of the stones was supervised on a daily basis by the TPCQA, at the end of the program the TPCQA did not accept the method of distribution of the stones and raised issues with the potential for particulate build up in the layer at the point of entry to the cell. The resolution of this issue required further additional testing and debate – both about the appropriateness of the testing under the Australian Standard and the reason for watching the process and raising no issue as this happened. . Practical Completion – March 2016 Leading up to this point the Council staff had worked with the three auditors to be ready to finalise the significant assessment reports required to be lodged with the EPA in order to receive approval to use the cell. In two cases the auditors worked closely and consistently to be as advanced as possible in this regard. However, one of the auditors did not deliver its reports in the timeframes committed to staff and this had ramifications both in the ability to seek approval from the EPA and in other auditors completing their work. The EPA provided support and rapid timeframes for the approval to use the new cell once it received all of the required documentation; in May 2016 after earlier briefings by Council staff in March 2016 with EPA staff, assisted in resolving a number of minor matters and communicating clearly and regularly with the Council over these final weeks.

Monthly rainfall data 2014-2015

BENALLA RURAL CITY COUNCIL 42 Agenda – Planning and Development Committee 17 August 2016

Weekly rainfall data 2014

Upon the final approval by the EPA the total costs as at 30 June 2016 associated with the auditing, quality assurance and construction were:

Contractor Contractor Budget Actual Difference Construction Hoare Brothers Pty Ltd $1,353,778 $1,376,374 ($22,596) Contractor Construction James Excavations $215,807 $239,611 ($23,804) Contractor Quality Meinhardt Pty Ltd $45,980 $238,059 ($192,079) Assurance Environmental Senversa Pty Ltd $35,500 $195,563 ($160,063) Auditor Geotechnical Tonkin & Taylor Pty Ltd Inspection - $385,219 ($385,219) Testing Total $1,651,065 $2,434,826 ($783,761)

As the table shows the significant budget variation in this project was not in the actual construction itself but in the audit oversight and monitoring. These services were procured in good faith by the Council with limited ability to regulate the charges or argue the findings.

Whilst the project has been challenging on a number of levels, staff have taken heed of the feedback from other councils that our experience is not unique. The system for auditing could benefit from the learning of related approval mechanisms, such as the private certification system and there is an urgent need for there to be a directive to limit the costs of these works. There is also a need for clarity about who the auditor’s report to and simpler mechanisms to exit an audit arrangement where performance is not as expected. These issues have been taken to the regional waste and resource recovery group as well as the EPA management, as opportunities have arisen.

BENALLA RURAL CITY COUNCIL 43 Agenda – Planning and Development Committee 17 August 2016

The Chief Executive Officer has had discussions with the MAV in relation to this matter and it is suggested our experience be shared to provide information and learnings in the sector.

The Council has also commenced an independent operational review to look at how best to procure these services in the future and build a viable and efficient working arrangement in landfill auditing.

Key Learnings In the process of analysing the causes and effects of several contract and project management issues encountered, the following key learnings were realised in an effort to prevent, overcome or mitigate the risk of such occurrence in future projects.

Internal Resourcing . Dedicate appropriate internal (Council officers) and external (consultants) to project manage for the entire duration of the design, project planning, construction, auditing, reporting and commissioning phase. Since the project’s completion the dedication of additional resources have been re-allocated to the waste area as part of the review of the organisational structure. In planning for future projects, advice is to keep continuity in the team between design and delivery – which was not possible in this instance with the lead project officer changing four times through the works.

Site Planning . Capacity of existing landfill cells needs to be accurately calculated and filling rates monitored and reported. Council staff have now put in place a process to survey airspace use quarterly (rather than the minimum annual survey) and plot this information against incoming tonnages of waste. This will yield a relevant site compaction rate as well as better monitoring of filling and airspace needs. . Filling sequence of the existing landfill cell needs to be determined to ensure filling is not affected in the construction phase of a new cell. Revision of the future cell plan is proposed in early 2017 after the current operational review is completed. The amendment to the licence to leave the current over height material in-situ also provides time to develop better planning and strategic alignment of future works. . Leachate management to be modified prior to the commencement of the construction phase. A program to enhance the leachate monitoring and disposal is underway with better data on generation expected to be available from late 2016. Currently there is only one in-line flow monitor and this is to be increased to provide better real time data. . Condition and access to surrounding internal tracks needs to be assessed to ensure continuity of access is available in construction phase through wet months.

BENALLA RURAL CITY COUNCIL 44 Agenda – Planning and Development Committee 17 August 2016

Revision of the future cell layout needs to also ensure appropriate separated circulation paths for cell users and construction vehicles – design can ensure that works to provide stable tracks through construction lead to long term benefits in the filling of cells. . Allowances for delays relating to wet weather delays need to be accurately based upon the historical data and long range forecasts obtained from the Bureau of Meteorology for the Benalla area. More detailed risk assessment processes are being developed to inform the procurement timelines and construction expectations. Staff are also collecting data from other Councils on actual construction periods as this appears to be a problem for those consulted to date.

Construction Material/Aggregates . Proposed landfill specification needs to incorporate and endorse multiple leachate aggregates available from local suppliers (within 100km) to ensure competitive pricing and supply is available to civil contractors. Incorporate into new procurement documents. . Proposed landfill cell specification to detail broader provision of erosion control measures including supply of top soil, hydro mulching and drainage. Incorporate into new procurement documents. . Proposed Landfill Cell specification to detail provision of erosion control measures including supply of top soil to exposed surfaces by civil contractors. Incorporate into new procurement documents.

Landfill Cell Design . Location and shape of proposed landfill cells needs to integrate appropriately with previous cells and future cells. Revision of the future cell layout needs to resolve this matter and plan for efficient cell shape to minimize lining costs and construction risks. . Leachate management system including pumps and associated infrastructure need to be included within the specification. Incorporate into new procurement documents, for such works. . Proposed landfill cell design needs to be reviewed by independent lining contractors, landfill operators and civil contractors prior to audit. Incorporate into new procurement documents and planning to ensure efficiency by practitioners. . Proposed landfill cell design needs to incorporate sufficient storm water management. Incorporate into new procurement documents, for such works.

BENALLA RURAL CITY COUNCIL 45 Agenda – Planning and Development Committee 17 August 2016

Civil Contractor . Quality and reliability of civil contractor plant and machinery outlined in the tender process needs to be confirmed at commencement on-site and monitored through the delivery of the project. Contract to ensure any changes in specifications are approved by the Council. To incorporate into new procurement documents. . Compulsory requirement of Global Positioning System (GPS) equipment on plant and equipment must be used by civil contractors. To incorporate into new procurement document. . Compulsory requirement of submitting GPS coordinates by independent licensed surveyors for completed surveys. To incorporate into new procurement documents and monitor throughout the project. . All costs associated with remedial work and associated testing as necessary to achieve conformance to the requirements of the specification by the EA, GITA, and TPCQA be borne by the civil contractor. Strengthen and clarify responsibilities in contract documents. . Storage and control of Geosynthetics. Strengthen and clarify responsibilities in contract documents.

TPCQA, Environmental Auditor and GITA . Contract to stipulate that appointed TPCQA, GITA or EA must act in the Council’s best interest at all times. A competent licensed experienced representative with must be available for direct contact during the construction phase period. Strengthen and clarify responsibilities in contract documents. . Determinations made by TPCQA, GITA or EA must be done in accordance with specifications and recognised testing methodology recognised within Australian Standards. Strengthen and clarify responsibilities in contract documents. . Contract to stipulate reporting timeframes, milestones and stage reviews of any required report or audit documentation. These are to be a fixed cost. To incorporate into new procurement documents. . Contract to stipulate availability of TPCQA, GITA or EA and empower the Council to engage alternative TPCQA, GITA or EA to maintain continuity of construction phase. Strengthen and clarify expectations and response to breaches in contract documents. . Contract to stipulate TPCQA, GITA or EA shall keep accurate time sheets to substantiate and support invoices and any fee claims based on a time charge basis.

BENALLA RURAL CITY COUNCIL 46 Agenda – Planning and Development Committee 17 August 2016

Strengthen and clarify responsibilities in contract documents . Contract to define responsibility in the event that non-conforming civil construction has taken place on the advice/endorsement of the TPCQA, GITA or EA. Strengthen and clarify expectations and response to breaches in contract documents. . Contract to define number (based on volume) of the total Compaction Control Tests, Hilf density ratio Tests and Hilf moisture variation Tests, a regime of further testing required through remedial work must also be specified. To incorporate into new procurement documents. . Contract to stipulate requirement of formal discussions with GITA TPCQA Civil Contractor and the Council regarding number and location of all relative performance and inspection testing that will occur in a given stage prior to commencement. To incorporate into new procurement documents.

General Contractual issues . Liquidated damage clauses need to be clearly defined within contractual agreements with possible consideration being given to the payment of a performance bonus for early practical completion. Strengthen and clarify expectations and response to breaches in contract documents.

STATUTORY IMPLICATIONS

Relevant legislation that provides the foundation within which the Council must operate for all purchasing procedures and practices includes: . the Local Government Act 1989 . Local Government (General) Regulations 2004 . National Competition Policy (Competition Policy Reform Act 1995) . Competitive Neutrality Policy Victoria 2000 . Trade Practices Act 1974.

FINANCIAL IMPLICATIONS

The cost of the inspection and quality control testing associated with the construction of a landfill cell and leachate pond at the Benalla Landfill Resource Recovery Centre necessitated a review of 2015/16 Capital Projects Program and redirection of funds from uncommenced projects.

BENALLA RURAL CITY COUNCIL 47 Agenda – Planning and Development Committee 17 August 2016

The cost over runs for the project were met by the reallocation of $600,000 set aside to move the over height material in other landfill cells and deferment of construction of the proposed car park at 2 Mair Street, Benalla ($300,000). Consequently no additional impact on budget was carried into 2016/17.

Council staff are working with the EPA and its own experts to implement an alternative resolution to the over height area and adjoining “void” space. If approved by the EPA, this change will also result in a minimum of three years before further landfill cell construction needs to be completed.

As the combined total invoices for the auditing and TPQCA associated with this work exceeds the Chief Executive Officer delegation the Council is required to authorise the payments to Senversa and Meinhardt and notify the Minister for Local Government as a public competitive process to test the market for the contract was not undertaken.

The Council resolved to authorise contract payments to Taylor and Tonkin Pty Ltd at its meeting on 25 November 2015.

Reporting of this non-compliance will result in the contract being listed on the Council’s publically available list of non-compliant contracts and in the 2015/16 Annual Report.

As this matter is of a serious nature and one that impacts on a number of local authorities with landfills it is recommended that the costs incurred be provided to the Municipal Association of Victoria and EPA for use in lobbying for improvements in the system of auditing landfills. Mechanisms exist in other fields for more timely and cost effective oversights.

COUNCIL PLAN 2013-2017 IMPLICATIONS

Our Natural Environment . Our waste management and minimisation services are efficient and reflect best practice. Our Rural City is important in the region, providing opportunities for modern waste processing. . Increase the recovery of resources, minimise waste disposal to landfill and promote opportunities for new waste management facilities.

Our Organisation . Our organisation is well governed by our elected Councillors and administration who share clear and common goals for the future. . We are compliant with our legislative and risk management responsibilities and accountable to our community.

BENALLA RURAL CITY COUNCIL 48 Agenda – Planning and Development Committee 17 August 2016

Recommendations:

1. That the Council authorise contract payments to Meinhardt Pty Ltd and Senversa Pty Ltd.

2. That the Council lobby MAV and the EPA to consider statutory mechanisms to improve the timelines and costing for all landfill audit services using this experience as an example.

3. That the Council authorise the Chief Executive Officer to use this report, costings and learnings as a case study to assist other Councils in understanding the magnitude of spending in this field.

BENALLA RURAL CITY COUNCIL 49 Agenda – Planning and Development Committee 17 August 2016

7. Community Local Law 2016 E397 Graeme Joyce – Compliance Coordinator Nilesh Singh – Manager Development

PURPOSE OF THE REPORT

The report details the public submissions received in relation to the Community Local Law 2016 in February 2016.

BACKGROUND

The Planning and Development Committee at its meeting on 16 September 2015 resolved:

1. That the Planning and Development Committee acting under its delegated authority of the Council adopt the draft Community Local Law 2016 for public consultation purposes.

2. That a media release and public notice in accordance with the requirements under sections 119 and 223 of the Local Government Act 1989.

3. Public notice was given in the Benalla Ensign and the submission period closed at 5pm on Thursday 17 December 2015. Section 223 of the Local Government Act 1989 states that: any person who has made a written submission to the Council and requested that he or she be heard in support of the written submission is entitled to appear in person or by a person acting on his or her behalf before a meeting of the Council or committee.

Submissions were received in relation to the Community Local Law 2016. The submitters were invited to address the Planning and Development Committee Meeting held on 17 February 2016.

The issues raised in the submissions can be summarised as follows: . the need for appropriate standards for informal camping areas, and restriction of camping at Lake Benalla to designated camping areas, and . investigation of the use of motorised mobility devices (mobility scooters) in the Benalla Central Business District.

At the Planning and Development Committee Meeting held on 17 February 2016 it recommended that the adoption of the Community Local Law 2016 be deferred pending resolution of the issues raised by the submitters at that meeting.

BENALLA RURAL CITY COUNCIL 50 Agenda – Planning and Development Committee 17 August 2016

DISCUSSION

A thorough investigation was conducted by the Council officers in relation to establishing appropriate standards for camping areas and restrict camping at Lake Benalla to designated camping areas.

At the Council meeting on 3 August 2016 it was resolved to endorse the use of Jaycee Island car park and the Gardens Tennis Courts car park for RV camping by fully self-contained vehicles subject to the provision of signage and bollards being installed to define the area for use. Vehicles are to be permitted to stay for a maximum of 48 hours (refer Appendix 1).

From investigations and siscussions with Vic Police it was found that the Road Safety Act 1986 and Road Safety Road Rules 2009 (Vic) regulate the use of Motorised Mobility Devices (Mobility Scooters and Electric Wheelchairs) throughout Victoria. VicRoads has a fact sheet on its web page that can be used as a guide to assist people who use Motorised Mobility Devices.

Appendix 2 provides the VicRoads fact sheet.

Where an injury occurs to a scooter driver or other path users, it becomes a civil matter to claim damages for resultant medical expenses and the like in Victoria. It is understood that this is not the case in other jurisdictions.

With reference to the control of mobility scooters, legal advice was sought from the Council’s legal advisors. The following question was asked: “Is it open to the Council to regulate by Local Law the use of motorised mobility devices (mobility scooters) in the Benalla Central Business District (CBD)”? In summary, advice indicated that “Local Law purporting to regulate the use of Motorised Mobility Devices on a pavement or road will be inconsistent with the Road Safety Road Rules 2009 (the Road Rules), and to this extent, is inappropriate”.

Three meetings have been held by the Steering Committee for this review consisting of: . Meeting one which allowed the Committee to digest the contents of the current Local Law. . Meeting two allowed the Committee to consider any amendments that may be required and to allow for the suggested amendments to be inserted into the draft Local Law 2016. . The third meeting held on 15 July 2015 recommended that the draft Local Law be placed on display and advertised in the local paper for public and stakeholder comment for not less than 28 days after the date on which the public notice is published.

BENALLA RURAL CITY COUNCIL 51 Agenda – Planning and Development Committee 17 August 2016

The fourth meeting of the Steering Committee will be to collate all feedback and consider the contents.

The fifth and final meeting will be to review the contents of the draft Local Law before putting the final draft to Council for consideration.

At this point a copy of the Local Law will be sent to Council’s legal advisor for audit prior to final adoption by the Council, gazettal and provision to the Minister for Local Government.

FINANCIAL IMPLICATIONS

Legal and administrative costs for this review have been managed within the current Departmental budget.

COUNCIL PLAN 2013 – 17 IMPLICATIONS

Our Community

. Our community is dynamic, healthy, strong, socially integrated and active. People of all ages, abilities and backgrounds are engaged in their local communities. The community is resilient and owns its own plan for the future. . Our community is safe, inclusive and accessible, and individuals, families and communities can move about and enjoy their lives in comfort and safety. Our physical and social environments are carefully managed to reduce risk with a specific focus on reducing family violence.

Recommendation:

1. That the Council endorses the draft Community Local Law without change.

2. That the submitters be notified of the Council’s decision in relation to the issue raised in their submissions.

3. That the Council lobby the State for a system to protect both scooter drivers and other path users from injury claims and/or costs.

BENALLA RURAL CITY COUNCIL 52 Agenda – Planning and Development Committee 20 July 2016

3. Lake Benalla – Camping E1657 Greg Robertson – Manager Facilities Veronica Schilling – General Manager Development and Environment

PURPOSE OF THE REPORT

The report deals with Recreational Vehicle (RV) camping around Lake Benalla.

BACKGROUND

A report was presented to the Planning and Development Committee on 20 April 2016 on the issue of RV camping around Lake Benalla. The report was in response to Council Officers noting a significant increase in the number of RVs and caravans camping on the Lake Benalla Foreshore Reserve and community input on the matter.

The Council on 4 May 2016 resolved as follows: 1. That further investigation be undertaken on the viability of RV Friendly Camping sites being established at: Lake Benalla Foreshore – Jaycee Island Car park, Botanical Gardens Tennis Courts Car park and the Benalla Showgrounds. 2. That a report be presented to the Planning and Development Committee on 20 July 2016. 3. That the Council authorise Council Officers to take measures as soon as possible to direct RV vehicles to a safe location and to protect the Lake Benalla foreshore area.

It is believed the increase in RV camping at the reserve is a result of an entry in an online RV camping website database. The General Manager Development and Environment contacted the website administrator to have the listing amended. Confirmation of the online amendment was received and a change in the pattern of camping activity has been observed. Seasonal weather conditions have also had an impact on the number of vehicles camping.

Signage specifying ‘No Camping’ was installed at the entrance to the reserve and further works to control vehicle movements are to be installed in the near future.

DISCUSSION

Feedback from residents and local business A number of local residents contacted the Council regarding RV camping on the reserve. The submissions received from local residents were distributed to the Council prior to the Planning and Development Committee on 20 April 2016 and a local resident spoke in favour of free RV at the meeting.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

Usage observations and risks Compliance Officers commenced monitoring the reserve from March 2016 and reported on average ten recreational vehicles camping on the reserve each evening along with occasional tent based camping. Officers reported there was no noticeable increase in rubbish or reports of noise or other anti-social behavior issues associated with the increase in RV camping.

With the installation of the ‘No Camping’ sign overnight camping at the reserve decreased significantly. The drop off in camping may also be attributed to the propensity for RV owners to head north in search of a warmer climate over the winter months.

Since the presentation of the initial report on 20 April 2016 damage to lawn areas has been observed with the arrival of wet weather. However, damage was limited with the cessation of camping at the reserve.

The organisers of the Lakeside Craft Market have raised concerns over the interaction of RVs with market pedestrians reporting one occasion of an RV being driven amongst market pedestrians in a manner considered dangerous.

Tourism and Economic Development There is the potential for increased tourism income associated with RV camping. The Campervan and Motorhome Club of Australia (CMCA) believes that business communities benefit from the money spent by mobile travellers and estimate the value of road based tourism in Australia is in the order of $7 billion per annum.

To qualify as a CMCA accredited RV Friendly Town locations must successfully meet the needs of mobile travellers and satisfy criteria including: . Provision of appropriate parking within the town centre, with access to a general shopping area for groceries and fresh produce . Provision of short term, low cost overnight parking (24/48 hours) for self- contained recreational vehicles, as close as possible to the CBD . Access to potable water . Access to a free dump point at an appropriate location.

Free Camping Australia recently completed a national survey of the caravan and motor home segment. The survey reports the following spending habits of the average free camper: . Spends about $175 each week with local shops and takeaways along the main street and around the town . Spends about $130 each week at the well-known supermarkets in the town . Stay at paid accommodation for up to three quarters of each week, where this paid accommodation can be a traditional commercial operator or the town's recreation reserve, or they might use a 'free' location somewhere close to town and as they travel . Bring a total of from $700 to $800 per week to the local municipality/district.

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

In many instances where a Council seeks RV Friendly Town accreditation there are objections from local business, in particular those that provide camping and caravan facilities. Two local caravan and camping businesses have expressed opposition to the establishment of free camping areas in Benalla. The businesses cited the financial investment made in developing and maintaining their businesses and lost revenue as part of the objection.

Community Local Law

Under the current Community Local Law overnight camping in the reserve is prohibited. The Council also has the authority to control activities within the reserve as the gazetted Crown Land manager under Regulation 17. The regulation states: no person shall camp or park a caravan or motor car in the reserve without the consent, in writing, of the committee.

Benalla Rural City Council is the Committee of Management for the reserve.

The Benalla Planning Scheme does not adequately cover this style of camping, however the Community Local Law and the Reserve Regulations afford the Council an appropriate level of authority to prohibit or regulate camping activities on the reserve.

In accordance with the Council resolution Council Officers were instructed to enforce the Community Local Law to prohibit RV camping at the Lake Benalla Foreshore and appropriate ‘No Camping’ signage was also installed.

Given the review of the Local Law is underway if the Council supports any of the new sites this can be included in the new regulations.

Potential Camping Sites

The following potential locations for overnight RV camping were investigated.

Lake Benalla Foreshore – Jaycee Island car park The area can accommodate up to three RVs on the existing hardstand, however, parking should be formalised though the installation bollards to indicate RV parking bays and signage directing RVs to the area. Management of vehicle numbers could be achieved on a first come, first served basis.

Signage should be installed limiting stays to a 48-hour maximum and specifying the area is only for fully self-contained RVs which store grey water onboard.

Due to the very small number of RVs, interaction with Lakeside Craft Market traffic can be managed. The Manager Facilities and President of the Lakeside Craft Market have discussed the matter and believe a workable arrangement can be reached through signage and ongoing monitoring and dialogue.

The designated area for RV parking will be located on the northern extent of the car park to minimise interaction with Lake walking track pedestrian traffic. Potable water

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

for filling of RV tanks can be made available nearby at the car park below the Sir Edward ‘Weary’ Dunlop Learning Centre. Going on past observations, RV campers take a ‘leave no trace’ approach and are responsible with waste and rubbish disposal and this is not expected to be an issue.

Gardens Tennis Courts car park The location has a well formed hardstand car park that may be suitable for up to four RVs. The area would benefit from bollards to formalise parking for RVs. Management of numbers could be achieved on a first come, first served basis and signage limiting stays to 48-hours and only for fully self-contained RVs which store grey water onboard.

The area for RV parking will be located in designated bays, defined by bollards. The designated parking will stop camping areas spilling over and interfering with lake walk pedestrian traffic. Potable water for filling of RV tanks can be made available in the reserve. Going on past observations, RV campers take a ‘leave no trace’ approach and are responsible with waste and rubbish disposal and this is not expected to be an issued.

Benalla Showgrounds Camping at the Showgrounds was not permitted by the Committee of Management several years ago owing to complaints from neighboring residents. Reintroduction of camping is a matter for the Showgrounds Committee of Management and Council Officers will support the committee with investigations if it wishes to pursue the initiative.

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces . Land uses in urban and rural areas are well planned and appropriate development is managed to meet community needs and to maintain and enhance the high amenity and character of our Rural City. . Improvements to restore the health, amenity and usability of Lake Benalla and the foreshore environment are planned and implemented in partnership with others. . Recreation and open space developments across our Rural City are planned and prioritised to maximise the health and enjoyment of our community. Our Economy . Local job creation, business attraction and retention, industry and business development, innovation and diversification are key foundations for the prosperity of our Rural City. . Tourism and population attraction to contribute to the growth, diversity and sustainability of our local economy. . The Benalla Central Business District and Rural City gateways are improved to enhance attractiveness, vitality, safety and traffic management

BENALLA RURAL CITY COUNCIL Agenda – Planning and Development Committee 20 July 2016

Our Environment . Appropriate land-use, development and biodiversity management protects and enhances our natural environment Our Organisation . Integrated planning underpins our approach to the planning, coordination, and delivery of services and infrastructure

FINANCIAL IMPLICATIONS

The two proposed Council RV campsites will have initial establishment and some ongoing costs to maintain. Installation of directional signage, bollards and provision of potable water will cost in the order of $15,000. The cost can be met from the Facilities Department operational budget.

Allocation of seven spaces in the town will conservatively bring in excess of $50,000 of new tourism spend into the CBD if there are half of the spaces filled each night for 26 weeks of the year. This makes the repayment period for the investment in signage and bollarding readily recovered by the local business owners.

Regular enforcement patrols could be undertaken using current Compliance Officer resources to adherence to the conditions.

Recommendation:

1. That the Council endorse the use of Jaycee Island car park and the Gardens Tennis Courts car park for RV camping by fully self-contained vehicles subject to the provision of signage and bollarding being installed to define the area for use.

2. That the local community and Caravan and Motorhome Association be advised accordingly.

3. That the revised version of the Community Local Law include these sites with parking permitted for up to 48 hours.

BENALLA RURAL CITY COUNCIL APRIL 2010

A guide for choosing and using motorised mobility devices: mobility scooters and electric wheelchairs

keeping victorians connected Acknowledgements Contents

VicRoads acknowledges the contribution of the following organisations and Introduction 4 individuals in reviewing this publication: Who may use a motorised mobility device? 5 Dr Marilyn Di Stefano, School of Occupational Therapy, Latrobe University Think about your health 6 Dr Maree Dyson, Transport Accident Commission Choosing the right motorised mobility device 7 Ms Susan Dyson, Travellers Aid Disability Access Service Mr Nazim Erdem, Australian Quadriplegic Association Checks to make before each trip 13 Ms Eleanor Fergeus, Department of Human Services, Victoria Out and about 14 Mr Andrew Gannan, Mobility Aids Australia Pty Ltd Road rules for pedestrians Mr Mark Grant, Department of Human Services, Victoria on motorised mobility devices 18 Ms Tricia Greenway, Arthritis Victoria Rate yourself – can you be a safe user? 22 Ms Mary-Ann Leithof, ParaQuad Victoria Ms Robin Lovell, School of Occupational Therapy, Latrobe University Mr Emilio Savle, Department of Transport, Victoria Ms Margaret Stevens, Disability Justice Advocacy

Thanks to Angela Lampard, Nillumbik Shire Council for assistance with photography, and special thanks to Simone Pilens and Bob Bruce for acting as models.

Disclaimer This guide explains the legal requirements for pedestrians using motorised mobility devices. It is intended as a guide only. It does not purport to set out the full requirements of the law. For a complete knowledge of the road law, you should consult the appropriate Acts and Regulations.

2 Introduction Who may use a motorised mobility device? 5

The Victorian Government is are not defined as motor If you are not capable of walking or have difficulty in committed to helping people to get vehicles and therefore cannot walking you may use a motorised mobility device. around who have difficulty in walking. be registered Your doctor can help you make this decision or may This is so that everyone can remain must have a maximum capable refer you to an occupational therapist for further active members of our community. speed of 10km/h on level ground assessment. It is illegal for anyone else to use such a As we see more older and disabled and a maximum unladen mass device on a footpath or a road. people in our community, there will of 110kg be more motorised mobility devices are to be used only by people with in use on our footpaths. It is essential an injury, disability or medical that users do their part to keep condition which means they are themselves and other road users safe. unable to walk or have difficulty They need to be aware of the road in walking. People who do not rules and use the devices responsibly have difficulty in walking are not and safely. permitted to use them. VicRoads has produced this People using these devices or Guide following a recommendation manual wheelchairs are considered from the Victorian Parliamentary Road Safety Committee. pedestrians, and therefore must obey the same road rules as This Guide applies to motorised Mobility scooters pedestrians. These road rules are are designed for use devices for use by people who explained on page 18. are unable to walk or have difficulty in outdoors and for travel walking. These devices are: There are Australian Standards on footpaths. for the construction of motorised mobility scooters mobility devices. These have been electric wheelchairs. written by experts in the area to Under the Road Safety Act (1986) and ensure that these devices are safe for Road Rules - Victoria these devices: people to use and do not put other people using roads and footpaths at risk. These standards for motorised mobility devices are voluntary. This means that suppliers may legally sell devices that do not meet the Standards.

It is strongly recommended that you request a written statement of Electric wheelchairs compliance with the Standards from are generally designed the supplier whenever you buy or hire for indoor use, but can a device. A summary of the relevant also be suitable for standards is on page 10. outdoor use. 4 Think about your health Choosing the right motorised mobility device 7

Get independent advice Talk with your family and don’t rush your decision. Carefully consider If you are considering getting a how you plan to use your new motorised mobility device, it is device and the places you will be important that you get independent travelling to. Ask yourself: and expert advice before buying. To make sure that your investment How far do I need to travel? is a good one, you need to know Will I be able to make all trips before you pay, that it will suit your along footpaths? needs. Make sure you deal with an What surfaces will I be travelling experienced and reputable supplier, over? but remember that few salespeople Smaller devices, devices with will be qualified to assess your needs. smaller wheels and devices with Ideally, you should ask your doctor three wheels may be less stable over for a referral to an occupational uneven surfaces.It is also important therapist. Occupational therapists to choose a device that is suitable are trained to help you live your life to your weight and build as the size as independently as possible. and weight of the rider can affect They will assess your individual stability, especially when turning. abilities and needs, your local environment and the features you Should you buy or hire? need to ride safely and legally. They can also advise you on cost Think about how long you will In deciding to use a motorised Eyesight, reaction time, sitting subsidies that may be available in need the device. If it is only for a mobility device, consider your balance and posture, and certain circumstances. short time while you recover from health. For people who have clear thinking are important an illness or injury then hiring may difficulty walking, these vehicles give considerations. Your doctor and Which device should you be cheaper. If you need the device mobility. Walking is a gentle form of occupational therapist will be able choose? on an ongoing basis then buying exercise that helps to keep you fit to provide advice. You should also may be the better option. A good Motorised mobility devices vary in supplier should let you trial a device and reduces the possibility of other use the checklist on page 22. design, size, features and price. health problems. You should make and will offer after sales service. Motorised mobility devices can If you have some limitations using a practice, if possible, of walking You may be able to buy a device sometimes be modified after your hands, pay particular attention short distances. When discussing a second-hand, but make sure it suits purchase, but this can be expensive. to the controls – different designs motorised mobility device with your your needs and is in good working So it is important to make sure the suit different people. doctor and occupational therapist, order. Have it checked by a qualified device is easy to use before you Modified controls for operation by make sure you ask about exercise service agent. Have the battery buy it. arm, chin or head are available. and diet. tested, because these can Technology is improving rapidly. It is be expensive to replace. Just as for driving a car, you need to now possible to customise mobility Ensure there is a local service agent be sure that you are able to operate devices for many people. Once again for the scooter and that spare parts a motorised mobility device safely an expert such as an occupational are readily available. before you buy it. therapist will be able to help. 6 9

Important features Reflective flag A fluorescent orange flag on a pole Key-operated on/off switch attached to the device is important A key-operated switch that for safety. This helps you to be seen immobilises the device makes it more easily by other pedestrians much more difficult for other people and motorists, especially in places to improperly use the vehicle. such as shopping centre car parks. The flag should be at head height Luggage carriers when standing beside the device, These are good for transporting but no more than two metres above small loads but may restrict the the ground. manoeuvrability of your device. Make sure your shopping does not Reflectors or reflective tape obscure your view to the back and These should be white on the front, the sides or obstruct the controls. yellow on the sides and red on Your safety, and the safety of others, the back. Reflectors or reflective is the most important consideration. materials make it easier to be seen You must be able to see traffic and on dull days and at night. pedestrians in all directions. Arrange Reflectors for bicycles are suitable, for delivery by taxi or collection by a or use a Class 1A reflective tape. friend if your load is too big.

Headlight and tail lights On dull days or at night, they might save your life! The type of LED (Light Emitting Diode) lights that are used on bicycles are very bright. They use little electricity and are less likely to Clearance lights drain the battery. In order to make When you are crossing a road, your device highly visible at night, it can be difficult for motorists the bottom of each light (white to see your headlights or tail on the front and red on the back) lights. Static (non-flashing) yellow clearance lights on the side of should be a minimum of 350mm Mirrors your device also make it easier to above the ground. These are to help you to see see you on dull days and at night. pedestrians and traffic beside you Tie down points Yellow LED (Light Emitting Diode) and behind you. While not required Strong tie down points enable lights are very bright. They use little by the Standards, mirrors are a your mobility device to be safely electricity and are less likely to drain useful aid to keep you and other restrained in a wheelchair- the battery. These clearance lights road users safe. accessible taxi. Ask about having should not be flashing because them fitted before you make your they could be confused with purchase. turning indicators.

8 11

Complying with rules and Australian Standards Questions to ask the supplier How useful is the user manual? There are two essential questions The Australian Standards are How much does it cost? You need written instructions on to ask before you buy or hire a voluntary, and some motorised how to operate and maintain your Make sure you know all the costs motorised mobility device: mobility devices may not meet motorised mobility device and the before you buy or hire. 1. Does it comply with Road Rules the standards. The standards are supplier is required to supply a user If buying, will the supplier allow – Victoria? designed by experts to improve your manual. safety and the safety of other road me to use the wheelchair or Is the manual simple and easy 2. Does it meet the Australian users. They can be purchased from scooter for a trial period before to understand? Standards for motorised mobility Standards Australia. See the website: purchase? devices? Are the following instructions standards.org.au If buying, what is the price to clear? It is important that before you buy buy it? Any supplier should be aware of How to recharge the batteries or hire, ask the supplier for a written If hiring, what is the hiring fee statement that the device complies the Australian Standards. It is not and deposit? Basic maintenance that you with the following road rules. It: necessary that you know about the should do at home standards in detail. However, it is What is the TOTAL cost to me? is designed to carry one person How to change light bulbs, important that you ask for a written What is the warranty like? and what light bulbs to buy must have a maximum capable statement that your motorised speed of 10km/h on level ground mobility device complies with all of A warranty protects you from loss if What can it do? What can’t it do? and a maximum unladen mass the standards that are listed below. the device is faulty. of 110kg. Above all, the device must meet Is there a written warranty? your needs and be able to cope with Standard Name of Standard What it deals with Does the warranty cover parts the trips you plan to make. AS 2142 Reflectors for pedal Acceptable types of reflectors for and labour? What is the top speed on bicycles visibility How long does the warranty last? level ground? AS 3696 Wheelchairs 3696. Static stability Who arranges and pays for What sort of hill can it climb? delivery of the device to an 3696.2 Dynamic stability Can it climb over kerbs and authorised repairer while under 3696 3 Efficiency of brakes gutters? warranty? 3696.4 Energy consumption How does it cope with the Do I get a replacement while different surfaces I plan to travel 3696.5 Overall dimensions, mine is being repaired under on? mass & turning space warranty? 3696.6 Maximum speed, How long will fully charged acceleration & retardation What back-up service is provided? batteries last? 3696.8 Static, impact & fatigue tests Is training provided on how to Can it be transported? use the device? 3696.9 Climatic tests Can it be safely restrained in a Is help provided if you need 3696.10 Obstacle climbing ability wheelchair-accessible taxi? advice? 3696.14 Power and controls Can it be manoeuvred onto a Does the supplier do servicing bus, and off again without having AS3744.1 Ignitability of upholstery Smouldering cigarette and repairs? ISO 7176-7 Wheelchairs – seating Size of & accessibility to seat to back out? dimensions

10 Checks to make before each trip 13

Are the batteries fully charged? Batteries How long can I travel on fully charged batteries? Are the tyres inflated to the correct pressure? Tyres Under-inflated tyres may cause stability problems. Are you fit to drive? Have you recently been unwell or taken medicines or alcohol that may affect your judgement? Your Have the dosages of your medicines been changed judgement What equipment does it Where can servicing be done? recently? come with? Will the servicing company If your health has declined, should you check with your doctor before you go out? You will need some basic collect and return the motorised equipment to keep your motorised mobility device? Is the seat adjusted to the correct height? Some seats turn sideways to make it easier to get on. mobility device working properly. If they have to keep it for Seat an extended period, will the If your seat does this, make sure it is facing forwards and Is a battery charger included in servicing company provide a locked in position before you move. the price? replacement? Are there clear instructions on Is it sunny outside? Do you need a hat and sunscreen? How often does it need to how to charge the batteries and Is it wet outside? Do you need a rain coat? be serviced? If it’s wet make sure that the controls are protected from how to care for them? Weather How much will a service cost? the weather. Is there a gauge for checking tyre Be very careful that clothes, umbrellas or canopies do not pressures? Make sure you buy a Will the servicing company make it hard for you to watch and listen for traffic. spare tube. provide a statement that all equipment is working in Are there spare globes? Are you dressed appropriately for the weather? accordance with specifications? Clothing Are you wearing light-coloured clothing so you can be What about the initial set-up? seen more easily? What about breakdowns? Your supplier may be able to It is important to know what service Do you have a mobile phone? This makes it is easy to reprogram the controls to make your Mobile phone is available if there is a breakdown contact someone if you have a problem. selected device drive more evenly. and you are away from home. Do you have a waterproof label on the device with your Can the controls be set up to suit If hiring, is breakdown insurance name and mobile phone number? This enables others me and my abilities? Identification already arranged? to contact you in the event of loss or if your device is Can I contact the supplier with If buying, what insurance is obstructing entrances. any questions later? available and how much does If you are carrying bags, shopping or parcels, be careful What about servicing? it cost? The RACV provides a about the extra weight and the effect it may have on the There will be some servicing that breakdown service membership balance of your device. – call 13 19 55 for details. You can needs to be done by experts. Your load also check with other breakdown Make sure that any parcels you are carrying do not get in Are spare parts readily available service companies. the way of controls. Do not let these items restrict your for this brand and model? view or obscure your lights in the front, to the back or to the sides.

12 Out and about 15

Your responsibilities when using your motorised mobility device Getting there safely

You need to be very careful and slow down when near Plan to use Footpaths are safer than roads. If there are no footpaths, other people, especially pedestrians, cyclists and children. streets with plan to use quieter roads. Avoid uneven surfaces, dips and Safety of You should make sure that your motorised mobility device footpaths potholes. others complies with Australian Standards – see page 10. These are Avoid hills Climbing hills uses more battery power. Going down hills there for your safety and the safety of other road users. where puts more strain on your balance as well as your brakes. You should make sure that your motorised mobility device possible If you must travel up or down a hill, do so slowly. is clearly visible to pedestrians and to motorists on dull days and at night. Use the lights and reflectors recommended Make turns The faster you take a turn, the more danger there is of Be seen on page eight. and wear light-coloured clothing so you can slowly tipping over. be seen more easily. Remember that it can be quite dark Approach outside even at 5pm in winter! ramps and Do not approach ramps or kerbs at an angle – there may Make sure that the controls of the vehicle are designed so kerbs head- be a danger of tipping over. you can operate them safely with your particular disability. on Keep control An occupational therapist can help you choose the best Country roads often do not have footpaths and may also device to suit your condition. have rough edges. Generally, cars travel faster on country It is highly desirable that you take out public liability Take care roads. Avoid country roads if possible. If you must use a insurance. In the event that your motorised mobility device on country country road, stay as close to the kerb as possible, facing injures someone or damages property, public liability roads oncoming traffic. Use your lights, even at daytime, and insurance will protect you from having to pay for medical watch carefully for traffic. Return to the footpath or nature treatment or property repairs. Check with your home strip as soon as possible. insurance company as they may cover use of a motorised Never approach too close to the back of a parked car. mobility device. Be aware that drivers may not be able to see you, especially Have Be careful You should also seriously consider insuring the device when they are reversing. If you must cross the road near a the right around against theft and damage. It will be expensive to replace parked car, cross in front of the parked car. Do not park near insurance parked cars if it is stolen. It may also be expensive to repair damage. moving cars or machinery. Be aware of how vulnerable you Insuring against theft or damage will reduce these costs. are around larger, faster-moving vehicles. Breakdown insurance may be another useful investment. This is available from companies that provide a breakdown service for cars. The RACV provides a breakdown service membership – call: 13 19 55 for details. You can also check with other companies.

This Metlink brochure has useful information about using public transport with your motorised mobility device. 14 17

Crossing roads Sharing footpaths

Pedestrian crossings and traffic lights are the safest places Where possible, keep left to allow room for other pedestrians Keep left to cross roads and they are better lit at night. You can also to pass. Choose the use children’s crossings (school crossings), but make sure Look behind and to the sides before changing direction. best place to the flags are displayed. Where there is no crossing facility, Be careful Your vehicle can injure people. Make use of your mirrors cross the road choose a straight section of road with few parked cars changing when you have to change direction. You must also turn your and good visibility. At night cross where there is plenty direction head and check behind – mirrors do not show the whole of street lighting. scene behind you. There may be a ramp on the near side of the road, but is Check your mirrors frequently. Be aware of the location of Look before there a ramp on the other side of the road? You could get Use mirrors cars and pedestrians behind you, so that you can take action crossing roads stuck on the road. Check that you can get off the road on all the time quickly in the event of an incident. the other side before starting to cross. Other footpath users can reasonably expect you to behave You must give way to motor vehicles. Be responsibly. Listening to music or radio on headphones, Avoid Motorists have to look in many different directions at responsible or using your mobile phone, may distract you from the crossing at roundabouts and it may be hard for them to see you. important job of keeping other people safe. roundabouts Use pedestrian crossings or traffic lights if possible, Do not travel alongside another motorised mobility device otherwise cross at a well-lit, quiet, straight section of road. One at a on the footpath or road. Have consideration for other road Make sure you Make eye contact with drivers before leaving the kerb. time and footpath users. Travel in single file. have been Wear light coloured clothing – especially in bad weather and seen by drivers at night. Stopping

Crossing railway and tram tracks Before getting on or off, make sure that the motor is switched off. You may accidentally hit the control when Cross railway Turn off getting on or off. Make sure the brakes are on before you get level crossings Getting caught in railway lines can have deadly results. off. only at Cross railway lines on pedestrian cross-overs and cross the pedestrian rails at right angles. Try not to stop on slopes. This puts an extra strain on brakes. crossings Slopes Your device will be less stable on slopes. Avoid turns if possible, when going up or down a slope. Cross tram tracks at right angles. There is a danger of being Cross tram caught in tram tracks. Try to cross at pedestrian crossings Do not obstruct doorways, gateways or driveways when you tracks with or traffic lights, then if you do get caught in tracks there stop. Be considerate of others. Parking or stopping where care may be other pedestrians to help you. Keeping vehicles are moving can be dangerous, as your device is clear smaller than cars and may be difficult to see. Stopping or How to cross railway and tram tracks parking in such places may result in damage to your vehicle Cross as near as you can to an angle of 90 degrees and injury to you or to others. to the rails. Other people have to use footpaths as well. Try to park your Stop to one vehicle so that other people, including children on bicycles side and others using mobility devices and prams can move along the footpath freely. 16 Road rules for pedestrians on motorised 19 mobility devices

Motorised mobility devices are designed to be used on footpaths. The road Crossing at roundabouts rules that apply to users of motorised mobility devices are the road rules that Avoid crossing roads near apply to pedestrians. It is important that you know the rules and obey them. roundabouts. If you do use them A licence is not required to use a motorised mobility device. leave the kerb when there is no Crossing the road traffic on the roundabout. You must give way to all motor vehicles on or You must cross a road by the You must not jaywalk. entering a roundabout. shortest direct route. You must not obstruct traffic. Intersections with no lights or signs Avoid crossing in these locations. You may start to cross the road if there are no cars travelling along the road you are crossing. But check carefully for cars turning into the road you are crossing. The drivers may not have seen you. You must not start to cross a road in front of a car driving along the road you are crossing. You must not start to cross a road if there is danger of a collision. Crossing at lights Using the footpath When crossing at traffic lights You must not leave the kerb if without pedestrian signals, you the signal is yellow or red. You must use a footpath or You must not travel along may start to cross on the green nature strip if one is available and a road if there is a suitable light only. You may leave the safe to use. footpath or nature strip that can kerb when the signal is green. be safely used.

When crossing at pedestrian You must not leave the kerb if the If there is no suitable footpath or nature strip, and you need to travel on the lights you must obey the ‘walking man’ is red. If you are road, you must travel facing the oncoming traffic. ‘walking man’ signals. You may already on the road and the red leave the kerb when the ‘walking ‘walking man’ is flashing, youmay Separated footpath man’ is green. cross to the nearest safe place. On a separated footpath, you may travel on either the part of the footpath marked for pedestrians only or the part marked for bicycles only. However, it is recommended that you travel on the pedestrian path.

18 21

‘Bicycles Only’ path RECHARGE scheme — ‘You have the power’ When crossing a ‘Bicycles Only’ When crossing a bicycle path, path, let bicycles pass before you you must give way to cyclists. As a motorised mobility device This scheme was first developed in cross the path. user you would understand how the Shire of Nillumbik and based on important it is to plan your trip so its success, is becoming available in you have enough charge in the many locations across Victoria. battery. The RECHARGE scheme The RECHARGE scheme is a state is about encouraging businesses funded MetroAccess initiative, in your community to provide a in partnership with local businesses power point so you can recharge and Mobility Aids Australia. your battery, if required. RECHARGE stickers are displayed on the For more information visit the windows of participating businesses website: rechargescheme.org.au or so you can easily find them. It’s telephone your local council and about giving you more confidence ask for the MetroAccess Officer to get to and from your destination, (metropolitan areas) or RuralAccess knowing support is available. Officer (rural areas). No Pedestrians’ sign

You must not travel past a sign banning pedestrians.

20 Rate yourself – how safe are you? 23

Your safety is important. The safety Eligibility to use of other people is important too. Am I unable to walk or have Answer these questions before you difficulty in walking? buy or hire a motorised mobility device. Rate yourself again on a regular basis (every six months) after Health benefits and costs you start using your device. Walking is a mild exercise that If you are unsure, ask a family is good for health. Does added member or trusted friend. You can mobility justify possible costs to my also ask your doctor. Your doctor health? might refer you to an occupational therapist just to be sure. Coordination and strength Can I operate the controls? Can I turn the key; adjust the dials; use the accelerator and brake? Can I steer the device and turn around tight corners? Can I turn my head to look to the Vision Thought process and memory side? Can I detect and move around Can I remember how to operate all Can I turn my head to look behind obstacles in my field of vision? the controls? when reversing? Can I detect moving objects and Can I remember the road rules? avoid collisions? Can I concentrate for lengthy Physical balance and Can I detect things to the sides while periods whilst riding? endurance I am looking ahead – things like cars Can I react quickly in order to stop and pedestrians around me? Can I keep my balance when or turn in an emergency? travelling over rough and uneven ground? Perception Feelings and judgement Can I adjust my body position when Can I judge distances correctly? Can I stay calm in difficult travelling up and down slopes like Can I judge the speed of my own situations? ramps and hills? motorised mobility device and other Can I be patient with other people Can I stay sitting down for extended vehicles and pedestrians? and traffic? periods of time? Can I make good judgements to Can I stand and walk for short protect myself from injury and to distances? keep others safe?

22 keeping victorians connected 13 1171 orvisitvicroads.vic.gov.au For further information please phone

VRPIN01671/8 03.11 S.C 96586 Agenda – Planning and Development Committee 17 August 2016

8. Enforcement of the Building Act 1993 – ‘A cooperative approach’ Building Policy E412 Sarah Ford – Building Coordinator Nilesh Singh – Manager Development

PURPOSE OF REPORT

The report responds to the Letter of Intent provided by the Victorian Building Authority for a cooperative approach on the enforcement of the Building Act 1993 and Building Regulations 2006.

BACKGROUND

The Council is required by section 212 of the Act to administer and enforce specified parts of that Act and the whole of the Building Regulations (“the Regulations”) within its Municipal District. As with many other responsibilities the Council has the ability to determine how it will carry out these functions having regard to competing obligations and limited resources.

Since the introduction of the Building Act in June 1994 property owners have had a choice between using Council services (through the municipal building surveyor) to obtain a building permit or using a private building surveyor. The building surveyor (private or municipal) who issues the building permit is generally responsible for ensuring that the building work complies with the requirements of the Act and the Regulations.

The Council through the operation of section 212 of the Act retains the ability to enforce the Act and the Regulations even if a private building surveyor has been appointed. Section 212 provides as follows:

“Council to administer building provisions in its municipal district 1) Except where otherwise expressly provided in this Act or the building regulations, a council is responsible for the administration and enforcement of Parts 3, 4, 5, 7 and 8 and the building regulations in its municipal district. 2) Nothing in this section limits a council's powers to act outside its municipal district.”

There is no express provision in the Act removing the Council’s responsibilities where a private building surveyor has been appointed.

The Victorian Building Authority (VBA) is a state statutory authority which has various powers under the Act to intervene in circumstances where a private building surveyor is appointed.

BENALLA RURAL CITY COUNCIL 53 Agenda – Planning and Development Committee 17 August 2016

Some of these powers include the ability to issue directions to the private building surveyor, enforce orders made by the private building surveyor, prosecute persons for non-compliance with orders issued by the private building surveyor in addition to being able to utilise all the powers that a municipal building surveyor has in certain circumstances. The Act states that monitoring and enforcing compliance with the Act and Regulations is a function of the VBA.

The Building Practitioners Board (BPB) is the registration body for persons working in the building industry. Another of its functions is to supervise and monitor the conduct and ability to practise of these registered building practitioners. All building surveyors (both private and municipal) must be registered with that Board. The Building Practitioners Board is empowered to conduct disciplinary proceedings, in respect to any registered building practitioner who may have not carried out their responsibilities correctly.

The legislative framework clearly shows that responsibility for monitoring and enforcing compliance and supervising private building surveyors rests with the VBA and the BPB. This responsibility includes those bodies taking appropriate action to resolve matters (which may include exercising powers to deal with any action/inaction taken by a private building surveyor that is/was contrary to the Regulations or the Act or conducting a disciplinary Inquiry) where a private building surveyor has not performed functions or has not carried out their work in a competent manner and to a professional standard.

As monitoring is not a legislated function of the Council, there should be no requirement for Council to pro-actively check the standards of documentation or building work approved by private building surveyors. The proposed Building Control Intervention Filter Criteria policy is mainly intended to establish the circumstances for reactive MBS intervention into building work issues where a private building surveyor is appointed, without imposing an obligation to seek out such cases. On identification of malpractice, details of the circumstances may be referred to the VBA or BPB, however this also should not be taken to give any expectation that Council has a role to fully investigate such cases or provide a brief of evidence sufficient for court action by others.

The Council frequently receives complaints from members of the public regarding building work that is being or has been carried out, for which a private building surveyor has been appointed. The complaints may vary from concerns over real risk of danger to persons or property to matters relating to the siting of buildings and /or structures and administrative errors.

The handling of these complaints can be complex and represent a significant expenditure of Council resources.

A revised Building policy has been drafted and awaiting approval outlining how Council’s building section will function and what enforcement action will be taken. The recommendation of the policy is to accept and approve the Municipal Building Control Intervention Filter Criteria developed by the Victorian Municipal Building Surveyors Group (VMBSG).

BENALLA RURAL CITY COUNCIL 54 Agenda – Planning and Development Committee 17 August 2016

DISCUSSION

The original copy of the VBA’s letter of intent was not supported by the VMBSG and Hoeys Lawyers outlined a number of issues with the letter of intent that pushed the responsibility for administering and enforcing parts of the building act and building regulations from the VBA to Councils.

Discussions where entered into between the VMBSG, MAV and VBA to address all concerns raised.

A revised letter of intent was provided to the VMBSG from the MAV and after deliberating it was agreed that the VMBSG would support the revised letter of intent (refer Appendix 1).

LEGAL OR STATUTORY IMPLICATIONS

The Building Act and Regulations clearly define the Council’s role and the VBA’s role. The Letter of Intent does not take the Act into consideration.

FINANCIAL IMPLICATIONS There will be significant impact in signing this Letter of Intent on resources. Costs associated with extra delegation provided by the Letter of Intent have not been discussed by the VBA.

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces . We will provide community places and spaces to meet the needs of our community and focus on thoughtfully planned growth to maintain and enhance the high amenity and character of our Rural City. . Land uses in urban and rural areas are well planned and appropriate development is managed to meet community needs and to maintain and enhance the high amenity and character of our Rural City.

Our Organisation . We are compliant with our legislative and risk management responsibilities and accountable to our community.

Recommendation:

1. That the Chief Executive Officer be authorised to sign the revised statement of intent from the Victorian Building Authority.

BENALLA RURAL CITY COUNCIL 55 Appendix 1

Statement of Intent

Enforcement of the Building Act 1993: A Cooperative Approach

1 Signature page

The Victorian Building Authority (VBA) and the…………….., commit to this Statement of Intent.

Signature: ______

Chief Executive Officer Date:

Prue Digby Chief Executive Officer Victorian Building Authority Date: 1 June 2016

1. Purpose 1.1 This Statement of Intent is designed to provide greater clarity in respect of how the Victorian Building Authority (VBA) and Local Government should work together to administer and enforce the Building Act 1993 (the Act) and Building Regulations 2006 (the Regulations).

1.2 The key principle of this document is that the administration and enforcement of Victoria’s building industry is a shared responsibility between the VBA, Local Government and private building surveyors.

1.3 Operating effectively, the division of roles and responsibilities in this way creates a legislative system that has great capacity to be highly efficient, proactive, responsive, and flexible. This is the vision for Victoria’s building regulatory system that is shared by the VBA and Local Government.

1.4 This Statement of Intent supports the realisation of that vision and while it does not include private surveyors as a party, it intersects with their role in the legislative framework as the obligations imposed by the Act and Regulations on the VBA and Local Government necessarily require engagement with private building surveyors.

2. Objective 2.1 The objective of this Statement of Intent is to improve the effectiveness of Victoria’s building regulatory system and increase confidence in the sector by; • recognising and committing to the principle that administering and enforcing the Act and Regulations is a shared responsibility; • encouraging cooperation, information sharing and timely decision making; and, • supporting agility, flexibility and accountability within the regulatory framework.

3. The Parties The Victorian Building Authority

3.1 The VBA is a statutory authority established under the Act. The VBA monitors and enforces compliance with the Act and the Regulations and this includes supervision of registered practitioners’ conduct.

3.2 Amongst other things, the VBA has power to; • bring proceedings for any offence against the Act or the Regulations;

3 • enter buildings and land (subject to legislative requirements); • apply for and execute search warrants; • require the production of documents or the giving of information in order to determine compliance with the Act or Regulations; • act as municipal building surveyor in relation to any matter referred to the Authority by a private building surveyor under Part 8; and, • direct a municipal building surveyor or private building surveyor to carry out their functions. direct private building surveyors to forward any non-compliance with building orders to the VBAappoint performance auditors to examine the work of registered building practitioners. Local Government 3.3 Under the Act Local Government must appoint, employ or nominate a Municipal Building Surveyor (MBS). The MBS carries out a number of functions under the Act and is often the first party to which non-compliance with the Act or Regulations is reported from the community.

3.4 Local Government are empowered, amongst other things to; • administer and enforce building permits issued by the MBS; • take action in circumstances where building work without a building permit is identified by council; • take appropriate action where there is a known risk to health or risk of injury or death; • receive copies of building permits, occupancy permits, notices and orders from private building surveyors and maintain a register for these matters within the municipality; • provide information as prescribed by the Regulations; • enter buildings and land (subject to legislative requirements); • apply for and execute search warrants; • require the production of documents or the giving of information in order to determine compliance with the Act or Regulations; and, • bring proceedings for offences under Part 3, 4, 5, 7 and 8 of the Act.

3.5 It is important to note that Local Government in contrast to the VBA, is not empowered to direct a private building surveyor to carry out their functions under the Act. In this sense, Local Government does not monitor the performance of private building surveyors.

3.6 However, Local Government is responsible for the administration and enforcement of Parts 3,4,5,7 & 8 of the Act within its municipality, except where otherwise expressly provided under the Act. Local Government also holds information that is useful to the VBA for the performance of its role in monitoring private building surveyors, and has capacity to share

4 information with the VBA in respect of private building surveyors where matters have come to the councils’ attention.

3.7 Therefore, in the course of achieving its obligations under the Act, Local Government will at times engage with private building surveyors and/or consider the performance of their functions, as outlined in the Municipal Building Control Intervention Filter Criteria Guideline 2015 for Council’s Administration and Enforcement of Parts 3,4,5,7 and 8 of the Building Act 1993 (filter criteria) .

4. Obligations

4.1 In accordance with the relevant provisions of the Act and Regulations the parties agree to; I. Commit to the principle that the administration and enforcement of the Act and Regulations is a shared responsibility; II. Commit to working together in a spirit of cooperation that ensures that voids of responsibility do not arise; III. Administer and enforce compliance with the Act and Regulations in an efficient and transparent way; IV. Share information with the other party (subject to confidentiality and privacy obligations) where it is necessary in order to meet the objectives of the Act and Regulations; V. Work together to develop processes and procedures that respond to non- compliance with the Act and Regulations that come to the attention of the VBA or local government; VI. Develop processes and procedures that allow for easy identification of building practitioners who are repeatedly non-compliant and develop strategies for improving and/or ensuring compliance; VII. Engage directly and expeditiously with private building surveyors where the interests of timely regulation require. The filter criteria will be applied to determine when this occurs; VIII. Utilise discretion in decision making in accordance with any relevant internal guidelines and in a way that is consistent with achieving the overarching objectives of the Statute; IX. Foster a culture of responsiveness, agility and accountability in respect of complaints handling and investigations; and, X. Continually seek to identify and develop ways of working that will drive more effective regulation of Victoria’s building sector.

4.2 In addition to these shared commitments, in accordance with the relevant provisions of the Act and Regulations;

5 XI. The VBA has oversight of registered builders and building surveyors. This oversight function includes the use of statutory powers to ensure compliance with the Act. XII. Local Government is to administer and enforce Parts 3,4,5, 7 &8 of the Act, except where otherwise expressly stated in the Act, within their municipality. This includes the use of statutory powers to under the Act. This function does not extend to directing private building surveyors.

5. Relationship of this Statement of Intent to other documents 5.1 This Statement of Intent is not legally binding and not intended to supersede or alter existing contractual arrangements or other agreements between the VBA and MAV or councils.

6. Evaluation and review 6.1 The parties agree to review this Statement of Intent after the first year of operation.

6 Agenda – Planning and Development Committee 17 August 2016

9. Building Services Policy E1615 Nilesh Singh – Manager Development Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report discusses a proposed policy to standardise procedures for the building services in dealing with issuing building permit and complaints related to private building surveyors.

BACKGROUND

Under Victoria’s building system building permits can be assessed and granted by private building surveyors including municipal building surveyors.

From time to time, Council is approached to deal with issues associated with a decision, advice, actions or conduct of a private building surveyor.

The proposed policy (refer Appendix 1) seeks to establish a framework and process for the Municipal Building Surveyor to determine how the building service will be delivered and in what circumstance and timeframe Council will intervene in a complaint or query about a private building surveyor.

Under the Victorian building system a property owner has a choice between a Council service or a private building surveyor to obtain a building permit. The building surveyor who issues the building permit is generally responsible for ensuring that the building work complies with the requirements of the Building Act 1993 (the Act) and the Building Regulations 2006 (the Regulations).

Council is required under Section 212 of the Act to administer and enforce specified parts of the Act and the whole of the Regulations within the municipal area. Through the operation of section 212 Council retains the ability to enforce the Act and Regulations even if a private building surveyor has been appointed.

From time to time, complaints are received from members of the public or businesses regarding building work for which a private building surveyor has been appointed. This policy guides the municipal building surveyor in delivering the service of issuing building permits and enforcing the Building Act and Regulations.

Complaints are also received regarding the advice, actions or conduct of a private building surveyor. The handling of minor complaints can represent a significant impost on Council’s time and resources.

In response to these issues, the Victorian Municipal Building Surveyors Group oversaw the preparation of the Municipal Building Control Intervention Filter Criteria Guidelines.

BENALLA RURAL CITY COUNCIL 56 Agenda – Planning and Development Committee 17 August 2016

The intervention filter criteria are based on a five-step process: . Determine the consequences of the matter (insignificant to catastrophic) . Determine the likelihood of the event (rare to almost certain) . Locate the issue on a risk matrix (consequence and likelihood) . Identify the action to be taken based on the level of risk (no action to immediate action) . Take that action.

It is proposed that Council adopt the policy to make the application of the guidelines clear to the community, businesses and private building surveyors.

The intervention filter criteria are designed to streamline the complaint handling process and provide a consistency of approach. The referral of significant cases to the Building Practitioners Board and the Building Commission will also allow those bodies to more readily carry out their functions under the Act.

FINANCIAL IMPLICATIONS

The policy has been developed using existing Departmental resources and will assist in prioritising future expenses in enforcement action.

COUNCIL PLAN 2013-17 IMPLICATIONS

Our Organisation . We are compliant with our legislative and risk management responsibilities and accountable to our community.

Recommendation:

That the Building Services Policy be adopted.

BENALLA RURAL CITY COUNCIL 57

CP 26 Building Services

Responsible Officer: Chief Executive Officer Document type: Council Policy Reference: CP 26 Approved by: Council Date approved: Date 2016 Date of next review: Date2018

Policy Objective

Unit Function and Composition The Council’s Building Services section serves the community by promoting compliance with various Acts, Regulations and Local Laws which exist to ensure that the community, while occupying buildings, are safe.

The Building Servicessection comprises one full-time Building Inspector/Surveyor, one part- time Administration Officer and a contract Municipal Building Surveyor. Building Services staff report to the Manager of Development, who reports to the General Manager Development and Environment.

Procedure

Dealing With Members of The Public Council Officers are expected to treat members of the public with respect and courtesy. As a representative of the Council, an officer’s demeanour and behaviour reflects upon the other officers, and upon all other Council staff. Therefore our approach must always be courteous, professional and fair and reasonable. All complaints and reports regarding inappropriate behaviour by staff will be taken seriously and if substantiated, disciplinary action will be taken.

The following procedures are to be observed:

1. Building Services staff will introduce themselves to all customers in a polite and professional manner. Authorised Officers will carry their Identification Card at all times and when requested to do so, produce it on request. 2. Officers introducing themselves to people in the course of investigations are to give their name and explain in what capacity they are attending.

Council Policy – 26 Building Services Policy Page 1 of 7 Working Solo When officers work on their own, precaution must be exercised to safeguard against entering dangerous situations. Officers must consider possible risks whenever they are on inspections or attending specific complaints. If the inspection is in regard to a complaint or possible enforcement, the officer will attend in the company of another officer whether it is during buisness hours or on after hours call out.

Attending To Complaints Any complaint that is received must be in writing and Building Services will investigate the complaint in accordance with the Building Services Risk Matrix. In deciding if legal action will be taken against an owner, the risk will be assessed against the risk matrix.

Building Services will acknowledge all written complaints in writing before commencingthe investigation. Building Services will write to the offending property owner requesting explanation and opportunity to discuss alleged allegations or request that the owner contact Building Services within 14 days. If no response is received after the 14 days, Building Services will write to the owner and advise that they will be entering the land to carry out an investigation. Following the inspection, Building Service officers will assess the buildings risk as per the risk matrix and take the necessary action (ie issue Notices, Orders or a letter stating no further action).

Complaints relating to Private Building Surveyors will be investigated and action taken in accordance with the VMBSG Building Control Intervention Criteria Policy or referred to the Victorian Building Authority.

Personal Risk on entry may be present during Enforcement When entering a house the possible risk must be assessed and if you are satisfied that it is safe to do so, you may decide to enter the house. Where possible, request to enter the backyard through a side gate/garage. When entering a house for possible enforcement action always be accompanied by another officer.

Entering Premises for Enforcement Where possible, get permission from the owner to enter their property. In the case of a home that is unoccupied at the time of inspection, provided appropriate letters have been sent notifying of intention to carry out inspection, the officer will enter the premises by a side gate or entry only after consideration of the possible risks. If you are requested to leave the premises, you must obey the request and return to the office. If the matter is an extreme risk look at using emergency entry powers and request police assistance.

Enforcement Building Services is committed to ensuring that enforcement activities are carried out in an equitable and consistent manner, with the aim of promoting a sustainable local economy and maintaining a safe built environment. Most people want to comply with the law and, subject to resources, Building Services Officers will always be willing to help customers meet their legal obligations without incurring unnecessary costs. However, there are significant minorities who flout the law or act irresponsibly to the detriment of the rest of the community. Building Services is committed to ensuring that such cases will be dealt with firmly, by prosecution if appropriate. This policy seeks to define how that commitment will be met.

Council Policy – 26 Building Services Policy Page 2 of 7 While officers are expected to exercise judgement in individual cases, they must ensure that arrangements are in place to promote consistency and the achievement of appropriate standards. This will be done by assessing each case against the risk matrix. All cases must be pursued to a satisfactory conclusion where formal notices or orders have been issued or undertake prosecution where necessary to ensure compliance with outstanding Notices or Orders. It is necessary to ensure that officers offering advice, making judgements, imposing requirements or otherwise making decisions in relation to enforcement matters are appropriately qualified and authorised to do so. In the case of an enforcement action requiring prosecution, Building Services will refer the matter to Compliance Services along with all relevant information to commence legal proceedings.

Enforcement covers a wide range of actions and activities other than prosecutions and includes undertaking inspections, providing advice, serving statutory Notices and Orders, issuing a caution(s) and reclaiming costs through the court process.

Each case is unique and must be considered on its own merits. There are, however, general principles that apply in the way each case must be approached. These principles include: . The effect/s of the offence or action . The foreseeability of the offence or the circumstances leading to it . The intent of the offender, individually and/or corporately . Any history of offending . The attitude of the offender . Any likely deterrent effect of a prosecution, on the offender and others . The personal circumstances of the offender . The offender’s record of observance of management or quality standards . Any failure to supply information without reasonable excuse . Any history of knowingly or recklessly supplying false or misleading information . Any aggression or hostility towards, or obstruction of officers in the course of their work . The risk category outlined in the Risk Matrix

There are several possibilities for enforcement action, including: . Prosecution . Notices & Orders . Emergency Order . Infringement fine . Written warning and advice . No action.

No action: In certain circumstances, contraventions may not warrant any action, for example: . Where the cost of compliance to the offender outweighs the detrimental impact of the contravention on the community . The cost of the required enforcement action to the Council outweighs the detrimental impact of the contravention on the community

Council Policy – 26 Building Services Policy Page 3 of 7

Building Notices & Orders: The MBS or delegate has powers to serve building notices to require remedial works, and stop building work. The Act specifies the actions that are available and the processes and procedures required to carry them out.

Section 253 Orders and Other Applications to the Courts: Applications to the courts such as a 253 Order under the Building Act and other legal devices intended to constrain people, property, land etc. will be employed only at the discretion of the Department Manager.

Prosecution will, in general, be restricted to those cases where either: . The person/s responsible has demonstrated a blatant disregard for the law . Third parties may have been exposed to prolonged interference with their rights . Any person has been exposed to a risk to their life or health . Those instances where the legislation provides no alternative remedy . There is a history of similar offences

Complaints Receiving Complaints Process: 1. Building Services, Records Services or Customer Relations will receive a complaint by either telephone, writing or via CRMS; 2. Ascertain the complainants name, address and contact number as well as particulars of request; 3. Request that the complaint be provided in writing and submitted to the Council; 4. Refer the request to the Building Coordinator to action.

Acting on Complaints: 1. Contact the customer within the means of the risk matrix after receiving the allegations to confirm the details of the concern; 2. Where necessary, obtain full details of the concern in writing, including details of the background leading up to the request; 3. Write to the affected owner seeking clarification of the works and if a Building Permit has been issued; 4. Inspect the property and take relevant evidence; 5. Take immediate steps to preserve evidence and/or ascertain the truth of the matter; 6. Determine whether a breach or the building regulations has been committed; 7. Interview owner/person in charge; 8. Evaluate information and choose course of action (e.g. negotiated resolution, Building Notice, Minor Building Work Order or Infringement Notice); 9. If legal action is required refer the case to Compliance Services along with all relevant information and evidence to commence prosecution; 10. Once complaint has been resolved, notify the complainant in writing “the matter has been investigated and appropriate action has been taken”

Complaints relating to Private Building Surveyors will be investigated and action taken in accordance with the VMBSG Building Control Intervention Criteria Policy and in accordance with the MOU with the Victorian Building Authority. Refer to appendix 1 VMBSG intervention Filter and appendix 2 MOU with VBA

Council Policy – 26 Building Services Policy Page 4 of 7

Swimming Pool Building Services and the Council have obligations under the Building Act and Building Regulations regarding the erection of swimming pool and spa safety barriers. These requirements are implemented through the administration of the Building Act and Building Regulations by taking enforcement action.

Building Services will take a pro-active approach when it comes to inspecting swimming pools throughout the municipality and will ensure a swimming pool safety program is undertaken all year round.

Building Permits: Building Services issues building permits inside the municipal boundary and are investigating issuing building permits externally to increase building permit numbers and revenue.

Building Services accept building permit applications over the counter or via mail which are delivered to Records to record in the TRIM records management system and create a file before being sent to Building Services for processing. Once the building permit plans are received by Building Services, the Administration Officer will put a checklist with the file and proceed to complete the first two pages of the checklist, ensuring all documentation has been received. The Manager Development signs off on the building permit fees once they have been received before passing it onto the Building Coordinator to assess the building permit application.

Once the Building Coordinator has assessed the building permit application, it will be handed back to the Building Administration Officer to send out letters requesting further information, if applicable, or create the building permit. If further information is required the building permit will be given back to the Building Coordinator once documentation is provided for checking before being sent via mail or hand delivered to the Municipal Building Surveyor for signing.

Once the building permit is signed, the Building Administration Officer will make a green copy of the building permit and four copies of the plans. The plans will be endorsed with one copy filed for Council records, the other copies will be sent to the owner and the builder.

The Building Administration Officer will coordinate the Building Coordinator’s electronic diary and book in mandatory inspections as required. The Building Administration Officer will complete the building inspection report book and place on the Building Coordinator’s desk along with the file for the inspection. The Building Coordinator will carry out the building inspection and complete the building inspection report. A copy of the report will be given to the owner or builder onsite, left onsite or posted to the applicant. The Building Coordinator will give the building inspection report and file to the Building Administration Officer to be recorded in the TRIM records management system and filed. When a Certificate of Final Inspection or Occupancy Permit is required, the Building Administration Officer will create the certificate and give it to the Building Coordinator to check before the Municipal Building Surveyor authorises it.

Council Policy – 26 Building Services Policy Page 5 of 7 Building Inspections On all building permits that are issued there are mandatory building inspections usually consisting of footings, frame and final. It is the responsibility of the owner or builder to contact the Council to book in a mandatory inspection. The applicant is to book the inspection in with 48hrs notice. All inspections must be carried out by a registered building inspector or surveyor and the results will be recorded against the permit in the open office system. Any other officer may accompany the building inspector/surveyor to gain necessary experience. It is at the discretion of the building inspector/surveyor as to whether photos will be taken on mandatory inspections.

Report and Consent The requirement for a Report and Consent is based on the need to ensure that the assets and infrastructure of authorities, the operational requirements of emergency services and the amenity of the community are not compromised or adversely affected as a result of proposed building work.

As set out in the Building Act and the Building Regulations, a Report and Consent is the process for consulting with and obtaining the approval of a reporting authority when building work which may affect assets, infrastructure or amenity of the community.

These include: . siting of a dwelling Class 1 & 10 . fire safety matters . projections beyond street alignment . precautions over street alignment

Building Services also provides the Report and Consent for the following, however, we do not decide the policies or procedures to determine consent: . building over an easement . building in a flood-prone area when a planning permit is not required . electricity sub-stations . building above or below public facilities

An applicant wishing to apply for a Report and Consent must fill in the appropriate Report and Consent application form and submit a site plan with any other documentation relevant to assessing the applications. The application will be recorded in the TRIM records management system and sent to Building Services for processing. The Building Administration Officer will check that payment has been received and then hand the application to the Building Coordinator to assess the application and refer it to the Planning Coordinator for comment. A site inspection may be undertaken if the Building Coordinator and Planning Coordinator determine it necessary to ascertain compliance with the Minister’s Guidelines. It is the preferred method to send a letter to the adjoining neighbors for comment. However, it is the decision of the Building Coordinator as to whether the Report and Consent is approved or rejected. Only the applicant has appeal rights to the Building Appeals Board.

Council Policy – 26 Building Services Policy Page 6 of 7

Enquiries Building Services staff will take all enquiries relating to building matters in person, by telephone or email and will respond to questions within the timeframes set out in customer service charter.

Building Register Building Services staff will ensure compliance with the Building Regulations by ensuring that the building permit register is current and includes all building permits issued within the municipality, Report and Consents, Building Notices and Orders, Place Of Public Entertainment and Essential Safety Measures.

Certificates Building Services is responsible for issuing building and planning certificates and providing information for land information certificates.

Appendix

1. Building Risk Matrix 2. VMBSG Building Control Intervention Criteria 3. MOU between Council and VBA

Council Policy – 26 Building Services Policy Page 7 of 7 Building Complaint Risk Assessment

Intervention into Private Building Surveyors

If a complaint or issue is raised in relation to enforcement of Part 3,4,5,7 & 8 of the Building Act 1993 and Building Regulations 2006, in regards to a Private Building Surveyor Council will take the following action. Councils Building Department will refer to the; Municipal Building Control Intervention Filter Criteria published by the Victorian Municipal Building Surveyors Group and decide what action needs to be taken.

Complaints

If Council receives a complaint regarding a breach in the Building Act or Building Regulations, the Building Coordinator will investigate and refer to the Municipal Building Surveyor when required.

All complaints except for Swimming Pools must be received in writing with the name, address and phone number of the complainant in order for the building department to investigate

Depending on the severity of the beach Councils Building Coordinator will refer to Part 13 Division 2 in the Building Act 1993 and assess if a notice of entry is required under section 230 and 231. If it is deemed to be a extreme risk then Councils building department can enter into a building or land without notice if there is a risk of safety to the occupants or public and may issue an Emergency Order under Part 8 Section 102 of the Building Act 1993.

Flow Chart

Response times:

Extreme Risk Immediate Action High Risk 3 Business Days Medium Risk 5 Business Days Low Risk No action or when the building department has the resources and time to respond.

Assigned Risk Extreme High Medium Low Complaints Swimming Pool Without Partial Fully compliant barrier barrier compliant barrier

Illegal Building Works All other Rural Property instances

Fences All instances Rural Property

Stormwater discharge All instances into neighbours property

Sheds All other Rural Property instances

Carports All other Rural Property instances

MUNICIPAL BUILDING CONTROL INTERVENTION FILTER CRITERIA GUIDELINE

for

Council’s Administration and Enforcement of Parts 3,4,5,7 & 8 of the Building Act 1993 and Building Regulations 2006 in circumstances where a private building surveyor has been appointed to carry out functions

April 2004

1 CONTENTS

HISTORY OF THE BUILDING CONTROL INTERVENTION FILTER CRITERIA ...... 3

THE ADMINISTRATION AND ENFORCEMENT OF PARTS 3,4,5,7 & 8 OF THE BUILDING ACT 1993 AND BUILDING REGULATIONS 2006 IN CIRCUMSTANCES WHERE A PRIVATE BUILDING SURVEYOR HAS BEEN APPOINTED TO CARRY OUT FUNCTIONS ...... 4 PURPOSE ...... 4 BACKGROUND ...... 4 RECOMMENDATIONS ...... 7 BUILDING CONTROL INTERVENTION FILTER CRITERIA ...... 8 STEP 1 – DETERMINE THE POSSIBLE CONSEQUENCES OF THE MATTER BEING COMPLAINED OF: ...... 8 STEP 2 – DETERMINE THE LIKELIHOOD OF THE EVENT IN STEP 1 OCCURRING ...... 8 STEP 3 – LOCATE THE ISSUE ON THE RISK MATRIX BY COMPARING THE LIKELIHOOD TO THE CONSEQUENCE ...... 8 STEP 4 – IDENTIFY ACTION TO BE TAKEN ...... 9 STEP 5 – TAKE THE ACTION AS REQUIRED BY THE MATRIX ...... 9 RELEVANT LEGISLATION REGARDING REFERRALS ...... 10

SUPPORTIVE LETTERS ...... 11 LETTER - REFERRAL OF COMPLAINANT TO PBS - L-‘LOW RISK’ ...... 11 LETTER - REFERRAL OF COMPLAINT TO PBS - M-‘MODERATE RISK’ ...... 12 LETTER TO COMPLAINANT ADVISING OF REFERRAL TO PBS - M-‘MODERATE RISK’ ...... 13 LETTER - REFERRAL OF COMPLAINT TO PBS - H-‘HIGH RISK’ ...... 14 LETTER TO COMPLAINANT ADVISING OF REFERRAL TO PBS - H-‘HIGH RISK’ ...... 15 LETTER TO PBS - E-‘EXTREME RISK’ ...... 16 LETTER TO COMPLAINANT ADVISING OF EMERGENCY ORDER AND PBS - E-‘EXTREME RISK’ ...... 17 LETTER TO BUILDING PRACTITIONERS BOARD ...... 18 LETTER TO THE BUILDING COMMISSION REQUESTING AN INVESTIGATION INTO THE CONDUCT OF A BUILDING PRACTITIONER ...... 19 LETTER TO THE BUILDING COMMISSION REQUESTING DIRECTION TO PBS UNDER S198 ...... 20

HISTORY OF THE BUILDING CONTROL INTERVENTION FILTER CRITERIA

At the 2002 Annual Conference of the Victorian Municipal Building Surveyors Group Inc the following ‘Position Statement’ was developed and adopted:

1) The VMBSG recognises and accepts that a private building surveyor, appointed under the Building Act, is responsible for ensuring that the Act and Regulations are complied with in respect of the building, land or place in relation to which he or she is appointed.

2) In recognising the above, the VMBSG recommends to councils that: a) they determine, in general, issues regarding the above[i.e. where there has been a complaint] will be referred to the private building surveyor for action; and b) in the case of imminent danger to life or property council will take appropriate action, and c) if it becomes apparent there has been a lack of action or inappropriate conduct or practice by any practitioner the matter will be referred to the BPB/BC as appropriate.

3) The VMBSG will develop: a) guidelines to assist councils in developing policy when a council receives a complaint related to building work and a private building surveyor has accepted appointment and is responsible for carrying out the functions set out in section 76 of the Building Act 1993; and b) procedures and software specification for councils to adopt for referrals of the above to the BPB and Building Commission.

Following the conference, a working party of the VMBSG. in consultation with John Hoey of Hoeys Lawyers and the MAV developed the Filter Criteria. The ‘draft’ Filter Criteria was put to meetings of municipal building surveyors throughout the state for feedback and comment.

In February 2003 the ‘draft’ Filter Criteria was also reviewed and discussed at the 2003 LGPro Conference and enthusiastically endorsed by those participants present.

The Building Control Intervention Filter Criteria is the result of input from all those persons and organisations.

3 THE ADMINISTRATION AND ENFORCEMENT OF PARTS 3,4,5,7 & 8 OF THE BUILDING ACT 1993 AND BUILDING REGULATIONS 2006 IN CIRCUMSTANCES WHERE A PRIVATE BUILDING SURVEYOR HAS BEEN APPOINTED TO CARRY OUT FUNCTIONS

PURPOSE

To inform Council of its responsibilities under the Building Act 1993 (“the Act”) in circumstances where a private building surveyor has been appointed by or on behalf of the owner of a property to issue a building permit or carry out other functions in respect of building work being carried out or proposed to be carried out at the property.

BACKGROUND

Council is required by section 212 of the Act to administer and enforce specified parts of that Act and the whole of the Building Regulations 2006 (“the Regulations”) within its municipal district. As with many other responsibilities, Council has the ability to determine how it will carry out these functions having regard to competing obligations and limited resources.

Since the introduction of the Building Act in June 1994 property owners have had a choice between using Council services (through the municipal building surveyor) to obtain a building permit and using a private building surveyor. The building surveyor (private or municipal) who issues the building permit is generally responsible for ensuring that the building work complies with the requirements of the Act and the Regulations.

Council through the operation of section 212 of the Act retains the ability to enforce the Act and the Regulations even if a private building surveyor has been appointed. Section 212 provides as follows:

“212. Council to administer building provisions in its municipal district

4 (1) Except where otherwise expressly provided in this Act or the building regulations, a council is responsible for the administration and enforcement of Parts 3, 4, 5, 7 and 8 and the building regulations in its municipal district.

(2) Nothing in this section limits a council's powers to act outside its municipal district.”

There is no express provision in the Act removing Council’s responsibilities where a private building surveyor has been appointed.

The Building Commission is a state statutory authority which has various powers under the Act to intervene in circumstances where a private building surveyor is appointed. These powers include the ability to issue directions to the private building surveyor, enforce orders made by the private building surveyor, prosecute persons for non compliance with orders issued by the private building surveyor in addition to being able to utilise all the powers that a municipal building surveyor has in certain circumstances.

The Building Practitioners Board is the registration body for persons working in the building industry. All building surveyors (both private and municipal) must be registered with that Board. The Building Practitioners Board is empowered to conduct disciplinary proceedings in respect of any registered building practitioner who may have not carried out their responsibilities correctly.

The legislative framework clearly shows that responsibility for supervising private building surveyors rests with the Building Commission and the Building Practitioners Board. This responsibility includes those bodies taking appropriate action to resolve matters (which may include rectifying any action/inaction taken by a private building surveyor that is/was contrary to the Regulations or the Act or conducting a disciplinary Inquiry) where a private building surveyor has not carried out their work in a competent manner and to a professional standard.

Council frequently receives complaints from members of the public regarding building work that is being or has been carried out, for which a private building surveyor has been

5 appointed. The complaints may include situations in which there is a real risk of danger to persons or property or may be regarding administrative matters or matters relating to the siting of buildings and /or structures.

The handling of these complaints can represent a significant expenditure of Council resources.

Since the introduction of the private permit issuing system in July 1994 the ongoing problems associated with handling such complaints has generally been carried out by Council’s municipal building surveyor and its building department on an ad hoc basis. The Victorian Municipal Building Surveyors Group Inc.(‘the VMBSG’) at its 2002 conference overwhelmingly recognised the need for adopting a uniform approach across the State when dealing with complaints of that nature. As a result of that conference, the VMBSG. working in consultation with the Municipal Association of Victoria (‘the MAV’) undertook to develop a system to classify and manage those complaints.

The Building Control Intervention Filter Criteria (‘the Filter Criteria’), utilising a risk assessment matrix, identifies standardised responses to complaints from the public where a private building surveyor has been appointed. The Filter CiteriaCriteria have been developed through consultation with municipal building surveyors throughout metropolitan and regional Victoria.

The Filter Criteria recognises that Council has obligations to the public with regard to dangerous situations which it can remedy or cause to be remedied. Where a danger exists and Council officers are aware of that danger, a lack of action on the part of Council could result in a claim against Council if innocent persons were to suffer loss or injury. This is regardless of whether a private building surveyor is or has been appointed. In those circumstances the Filter Criteria recommends Council staff taking action to remove the danger.

6 The Filter Criteria also recognises that not all complaints received at council relate to dangers and many relate to matters stemming from administrative neglect or error by private building surveyors. In those circumstances the Filter Criteria recommends that the matter be referred to the private building surveyor for remedial action failing which the matter be referred to the Building Commission or Building Practitioners Board (or both) as appropriate.

In some circumstances it may be that the complaint is of a trivial or minor nature in which case the Filter Criteria may recommend merely referring it back to the private building surveyor for action.

It is anticipated that the Filter Criteria will, when adopted, streamline the complaint handling processes and provide a level of uniformity across all councils. The referral of appropriate cases to the Building Practitioners Board and the Building Commission will also allow those bodies to more readily carry out their functions under the Act.

RECOMMENDATIONS

1. That Council adopts the Building Control Intervention Filter Criteria as a policy for the handling of complaints regarding building work where a private building surveyor has been appointed. 2. That the Policy be administered by the Municipal Building Surveyor and the Building Department. 3. That the Council resource the Building Department such that the policy can be properly administered.

7 BUILDING CONTROL INTERVENTION FILTER CRITERIA

STEP 1 – Determine the possible consequences of the matter being complained of:

Table E1 Qualitative measures of consequence or impact Level Descriptor Example detail description 1 Insignificant No injuries, low financial loss, no detriment to health, no damage to property, siting. 2 Minor Injury (self-treatable e.g. minor cuts or abrasions), medium financial loss, minimal detriment to health, minor damage to property. 3 Moderate Injury (medical treatment required by other), high financial loss, moderate detriment to health, moderate damage to property. 4 Major Serious non-permanent injury, major financial loss, major detriment to health, major damage to property. 5 Catastrophic Permanent injury or death, huge financial loss, irreparable damage to property.

STEP 2 – Determine the likelihood of the event in Step 1 occurring

Table E2 Qualitative measures of likelihood Level Descriptor Description A Almost certain Is expected to occur in most circumstances B Likely Will probably occur in most circumstances C Possible Might occur some time D Unlikely Could occur at some time E Rare May occur only in exceptional circumstances

STEP 3 – Locate the issue on the risk matrix by comparing the likelihood to the consequence

Table E3 Qualitative risk analysis matrix – level of risk Likelihood Consequences Insignificant Minor Moderate Major Catastrophic 1 2 3 4 5 A (almost certain) M H E E E B (likely) M H H E E C (Possible) L M H H E D (unlikely) L L M H E E (rare) L L M H H

8 Building Control Intervention Filter Criteria (Con’t)

STEP 4 – Identify action to be taken

Table E4 Legend for Risk Analysis Matrix and Treatment E Extreme risk: Refer to PBS Council/MBS takes If there is evidence of immediate without delay immediate action to conduct by any building practitioner such that a action required suitably reduce risk finding under section 179(1) H High risk, Refer to PBS Council/MBS takes of the Building Act 1993 attention without delay action if PBS is not could be made by the needed in taking action to suitably Building Practitioners Board reasonable reduce the risk within the matter, with supporting evidence, will be referred to time reasonable time that Board for Inquiry. M Moderate risk, Refer to PBS No other action by treatment by without delay Council/MBS If there is a suspicion that PBS any practitioner has engaged L Low risk, Refer No other action by in conduct that may amount to illegal conduct or conduct manage by complainant to Council/MBS as set out in section 179(1) referral PBS without of the Act the matter will be delay referred to the Building Commission for investigation. AND

if it is necessary to do so for the proper administration of the Act refer the matter of RBS to the Building Commission for the exercise of its directive powers under s198 of the Building Act 1993..

STEP 5 – Take the action as required by the matrix

9 RELEVANT LEGISLATION REGARDING REFERRALS

BUILDING ACT 1993 179. Inquiry into conduct (1) On an inquiry into the conduct of a registered building practitioner, the Building Practitioners Board may make any one or more of the decisions mentioned in sub-section (2) if it finds that the registered building practitioner-- (a) is guilty of unprofessional conduct; or (b) has failed to comply with this Act or the regulations; or (c) has failed to comply with a determination of the Building Appeals Board or a direction of the Commission; or (d) has been guilty of conduct in relation to his or her practice as a building practitioner which-- (i) is constituted by a pattern of conduct or by gross negligence or gross incompetence in a particular matter; and (ii) shows that he or she is not a fit and proper person to practise as a building practitioner; or (e) has employed or engaged to do, on his or her behalf, work of a kind that can only be done by a person registered under this Part in a particular category or class, a person who is not so registered; or f) has obtained his or her registration under this Part or any required insurance by fraud or misrepresentation; or (fa) has failed to comply with a reasonable direction of an insurer in respect of the completion or rectification of defective building work or any payment to be made to the insurer in respect of the completion or rectification of defective building work in accordance with required insurance or in accordance with a guarantee under the House Contracts Guarantee Act 1987 or has failed to comply with a direction under section 44 of the House Contracts Guarantee Act 1987; or (fb) has failed to carry out a recommendation contained in an inspector’s report under section 48 of the Domestic Building Contracts Act 1995 (g) has had his or her authority to practise as a building practitioner in a place outside Victoria cancelled or suspended otherwise than for failure to renew that authority; or (h) has failed to comply with an undertaking given to the Board under this Division.

BUILDING REGULATIONS 2006 1502 Professional standards A registered building practitioner must- (a) perform his or her work as a building practitioner in a competent manner and to a professional standard; and (b) immediately inform the client in writing if a conflict of interest arises or appears likely to arise between his or her interest as a building practitioner and that of his or her client; and (c) receive remuneration for his or her services as a building practitioner solely by the professional fee or other benefits specified in the contract of engagement or by the salary and other benefits payable by the building practitioner's employer.

NOTE: A finding pursuant to section 179(1) may include a finding of a failure to comply with Regulation 1502.

10 SUPPORTIVE LETTERS

Letter - Referral of complainant to PBS - L-‘Low Risk’

[COUNCIL LETTERHEAD]

[Insert name of Complainant] [Insert address of Complainant]

Dear ,

Re: Building work at [ insert address ]

I refer to your concerns regarding building work at the above site.

Council records disclose that a private building surveyor has been appointed in relation to that building work.

The Building Act 1993 establishes a privatised system of ensuring compliance with the relevant legislation and codes. In circumstances such as this, where a private building surveyor has been appointed, it is that private building surveyor who has powers and responsibilities which enable and obligate them to deal with the matters raised by you. I recommend therefore that you raise your concerns directly with the private building surveyor relevant to this work. The private building surveyor’s details are as follows:

[Insert name and contact details of the relevant private building surveyor]

The Building Practitioners Board is the professional regulating body in respect of all building practitioners including private building surveyors. The Building Commission also has powers to oversee private building surveyors.

Any matters relating to the conduct, functions or practices of the private building surveyor or other building practitioners may also be referred to the Building Practitioner's Board and/or Building Commission (both of Level 27 Casselden Place, 2 Lonsdale Street, Melbourne 3000 - Ph 9285 6400, Fax 9285 6464).

Yours faithfully

11 Letter - Referral of complaint to PBS - M-‘Moderate Risk’

[COUNCIL LETTERHEAD]

[Insert name of PBS] [Insert address of PBS]

Dear ,

Re: Building work at [ insert address ]

Council records disclose that you have accepted an appointment to carry out a private building surveyor's functions under Part 6 of the Building Act 1993 in respect of the building/building work at the above address.

Information has been received by this office regarding [ insert details of complaint].

The above matter is considered to be within the scope of your appointment and you are the appropriate person to deal with this issue and any surrounding issues.

Having considered the Municipal Building Control Intervention Filter Criteria Policy that has been adopted by this Council, the Municipal Building Surveyor does not intend exercising powers under the Building Act which are equally available to you. If, after a reasonable time however, it becomes evident that you have not taken appropriate action, the details of this matter may be referred to the Building Practitioner's Board and/or the Building Commission.

Yours faithfully

Copy: Owner Copy: Complainant

12 Letter to complainant advising of referral to PBS - M-‘Moderate Risk’

[COUNCIL LETTERHEAD]

[Insert name of Complainant] [Insert address of Complainant]

Dear ,

Re: Building work at [ insert address ]

I refer to your concerns regarding building work at the above site.

Council records disclose that a private building surveyor has been appointed in relation to that building work.

I have therefore referred your concerns to the relevant private building surveyor for their action. A copy of that referral is enclosed.

The private building surveyor’s details are as follows:

[Insert name and contact details of the relevant private building surveyor]

You may also wish to contact the private building surveyor directly.

Yours faithfully

13 Letter - Referral of complaint to PBS - H-‘High Risk’

[COUNCIL LETTERHEAD]

[Insert name of PBS] [Insert address of PBS]

Dear ,

Re: Building work at [ insert address ]

Information has been received by this office regarding [ insert details of complaint].

The above matter is considered to be within the scope of your appointment and you are the appropriate person to deal with this issue and any surrounding issues.

Having considered the Municipal Building Control Intervention Filter Criteria Policy that has been adopted by this Council, the Municipal Building Surveyor does not at this time intend exercising powers under the Building Act which are equally available to you. If, after a reasonable time however, it becomes evident that you have not taken appropriate action, the Municipal Building Surveyor may intervene and take any necessary action under the Building Act.

In the event it is necessary for the Municipal Building Surveyor to intervene, details of this matter may be referred to the Building Practitioner's Board and/or the Building Commission.

Yours faithfully,

Copy: Owner Copy: Complainant

14 Letter to complainant advising of referral to PBS - H-‘High Risk’

[COUNCIL LETTERHEAD]

[Insert name of Complainant] [Insert address of Complainant]

Dear ,

Re: Building work at [ insert address ]

I refer to your concerns regarding building work at the above site.

Council records disclose that a private building surveyor has been appointed in relation to that building work.

I have therefore referred your concerns to the relevant private building surveyor for their action. A copy of that referral is enclosed.

The private building surveyor’s details are as follows:

[Insert name and contact details of the relevant private building surveyor]

You may also wish to contact the private building surveyor directly.

In the event that the private building surveyor has not taken action in regard to your concerns within [ insert time period ] please advise this office accordingly.

Yours faithfully

15 Letter to PBS - E-‘Extreme Risk’

[COUNCIL LETTERHEAD]

[Insert name of PBS] [Insert address of PBS]

Dear ,

Re: Building work at [ insert address ]

Information has been received by this office regarding [ insert details of complaint].

I have reviewed the circumstances of this matter and am of the opinion that there is an imminent danger to life or property and as such, having considered the Municipal Building Control Intervention Filter Criteria Policy, as adopted by this Council, I have determined that it is necessary that I make an Emergency Order pursuant to section 102 of the Building Act 1993.

A copy is enclosed for your information.

The Emergency Order does not take away from your duties and powers with respect to the building work - however, if you are contemplating further enforcement in regards to these same issues I recommend that you consult with this office and possibly the Building Commission before doing so.

Yours faithfully,

Municipal Building Surveyor

Copy: Owner Copy: Complainant

16 Letter to complainant advising of Emergency Order and PBS - E- ‘Extreme Risk’ [COUNCIL LETTERHEAD]

[Insert name of Complainant] [Insert address of Complainant]

Dear ,

Re: Building work at [ insert address ]

I refer to your concerns regarding building work at the above site.

Council records disclose that a private building surveyor has been appointed in relation to that building work.

The Building Act 1993 establishes a privatised system of ensuring compliance with the relevant legislation and codes. In circumstances where a private building surveyor has been appointed, it is that private building surveyor who has responsibility to deal with matters pertaining to the building work being undertaken at the site.

In the present circumstances however, I consider that there is a danger to life or property and as such, having also considered the Municipal Building Control Intervention Filter Criteria Policy, as adopted by this Council, I have determined that it is necessary that I make an Emergency Order pursuant to section 102 of the Building Act 1993.

I have forwarded a copy of that emergency order to the private building surveyor.

The private building surveyor’s details are as follows:

[Insert name and contact details of the relevant private building surveyor]

You may also wish to contact the private building surveyor directly.

Yours faithfully, Municipal Building Surveyor

17 Letter to Building Practitioners Board

[COUNCIL LETTERHEAD]

The Chairperson Building Practitioners Board PO Box 536E Melbourne 3001

Dear Sir/Madam

Re:[Insert name of building practitioner] - Request for Inquiry

Matters have come to the attention of Council, which in the view of Council, warrant the holding of an inquiry into the conduct of [insert name of building practitioner] who is/ was a registered building practitioner.

I request, pursuant to section 178(d) of the Building Act 1993, that the Building Practitioners Board conduct said inquiry.

I enclose a chronology of events as they concern the building practitioner in addition to a summary of what I believe are the matters complained of and copies of relevant documents.

Please do not hesitate to contact Council staff if further information and evidence is required.

I look forward to advice of the Board’s decision in this matter.

Yours faithfully

Chief Executive Officer

18 Letter to the Building Commission requesting an investigation into the conduct of a building practitioner

[COUNCIL LETTERHEAD]

The Manager Practitioner Compliance Building Commission PO Box 536E Melbourne 3001

Dear Sir/Madam

Re: [Insert name of building practitioner/s]

A matter has come to the attention of Council which indicates that the conduct of the above practitioner/s warrant/s investigation by you.

The circumstances of this matter are set out in the enclosed chronology of events and summary of Council’s concerns.

I request that you investigate the above practitioners and take the appropriate enforcement action.

Please advise me in due course of the results of your investigation.

Yours faithfully,

Municipal Building Surveyor [ insert name of council]

19 Letter to the Building Commission requesting direction to PBS under s198

[COUNCIL LETTERHEAD]

The Building Commissioner Building Commission PO Box 536E Melbourne 3001

Dear Sir/Madam

Re: [Insert name of PBS] Building Surveyor Functions

A matter has come to the attention of Council which indicates that the functions of a private building surveyor under the Building Act 1993 or Building Regulations 2006 have not been carried out in an appropriate manner.

The circumstances of this matter are set out in the enclosed chronology of events and summary of Council’s concerns.

This matter is currently a serious cause of concern.

A prompt direction to the private building surveyor by the Building Commission under section 198 of the Building Act may compel the private building surveyor involved to deal with the issue in an appropriate and timely manner. This would avoid or contain any unnecessary Council involvement and therefore enable proper administration of the private building surveyor’s function.

It is therefore requested that the Building Commission review this matter and take appropriate action as a matter of urgency.

Please do not hesitate to contact Council staff if further information is required.

Yours faithfully,

Chief Executive Officer

20 Agenda – Planning and Development Committee 17 August 2016

10. Planning and Building Approvals July 2016 E584 Joel Ingham – Planning Coordinator Nilesh Singh – Manager Development

PURPOSE OF REPORT

The report details planning permit applications and building approvals for the month of July 2016.

Planning Permit Applications determined under Officer Delegation

File No Description Property Address Decision Construction of a 1 DA5143 Swimming Pool and a 161 Witt Street, Benalla Approved Relocatable Storage Shed Extension to the existing dwelling and construction 2 DA6385 44 Benson Street, Benalla Approved of a Carport, Verandah, Shed and Fence Construction of an 3 DA5646/2 Midland Highway, Benalla Approved Industrial Building Buildings and Works for 42-46 Carrier Street, 4 DA6366 disabled access to the Approved Benalla Uniting Church 5 DA4615 Two Lot Subdivision 6 Perth Street, Benalla Approved Use and Development of 88 Palmerston Street, 6 DA6341 Approved Land for a Dwelling Baddaginnie 7 DA6203 Construction of a Shed 15 Grant Drive, Benalla Approved Use and Development of 8 DA5684 110 Alexander Road, Lurg Approved Land for a Dwelling Use and Development of 9 DA6355 231 Old Lurg Road, Lurg Approved Land for a Dwelling Construction of a 22 Commercial Road, 10 DA6378 Approved Verandah Benalla Construction of an 32 Enterprise Drive, 11 DA5967 Approved Industrial Building Benalla Construction of an 12 DA166 118 Ashbury Road, Lurg Approved Outbuilding Construction of a 106 Arundel Street, 13 DA5469 Approved Verandah Benalla Construction of a Storage 14 DA6358 6 Eric Street, Benalla Approved Shed

Planning Permit Applications determined by Council There were no Planning Permit Applications determined by Council during the month of July 2016.

BENALLA RURAL CITY COUNCIL 58 Agenda – Planning and Development Committee 17 August 2016

Planning Permit Applications Withdrawn or Lapsed There were no Planning Permit Applications withdrawn or lapsed during the month of July 2016.

Notices of Decision File No Description Property Address

Use and Development of Land for DA6351 500 Embling Road, Upper Lurg a Dwelling

Planning Permit Applications determined by VCAT There were no Planning Permit Applications determined by VCAT during the month of July 2016.

Matters before VCAT File No Description

Intensive Animal Husbandry – Piggery DA3981/3 73 Baddaginnie Warrenbayne Road, Baddaginnie Enforcement proceedings have been initiated against the owners/operators of the land. The land has been found to be running an intensive animal husbandry use without a planning permit.

The planning application was considered at the Planning and Development Committee meeting on 2 December 2015, where it was refused. The applicant appealed Council’s decision to refuse the permit on 8 December 2015.

A practice day hearing was held on 18 March 2016 to ascertain whether there should be an extension to the date that the operation must cease. The Tribunal order of 21 March 2016 details that the use must now cease within four weeks of a Tribunal’s decision to refuse to grant a permit.

On 13 April 2016 the applicant submitted an amendment to the application. 1 The matter was heard at VCAT on 30 and 31 May 2016. In its order dated 18 July 2016 the Tribunal affirmed Council’s decision to refuse the permit. The findings of the Tribunal are summarised as follows: . The applicants have not persuaded VCAT that the proposed buffer distances are appropriate. This goes to the buffer distances non- compliance with the Code of Practice for Piggeries 1992 and/or lesser distances recommended by the National Environmental Guidelines for Rotational Outdoor Piggeries 2013. . The Environmental Management Plan lacks rigour and detail that demonstrates that the piggery will operate without unreasonable adverse impacts on adjoining properties and the environment. It does not satisfactorily address issues of odour, nutrient balance and stormwater.

With regard to the enforcement proceedings Council has advised the Tribunal no amendments to the order are required. The owner of the land therefore has until four weeks after the 18 July 2016 to cease the use on the land

BENALLA RURAL CITY COUNCIL 59 Agenda – Planning and Development Committee 17 August 2016

File No Description

To Use the Land for a Place of Assembly (Lifestyle Festival) DA4949 648 Tatong Tolmie Road, Tatong An appeal has been lodged by the applicant against conditions of the permit. The appeal was submitted to the Tribunal after the due date.

The Tribunal issued an order by consent of all parties on 15 March 2016. The appeal to amend conditions of the permit was withdrawn. The applicant has advised that he will be submitting the amendment to the Council pursuant to Section 72 of the Planning and Environment Act 1987.

The Council lodged its enforcement proceedings relating to non-compliance with conditions on 8 April 2016. A practice day hearing was held on 29 April 2016. A tribunal order dated 3 May 2016 has set a compulsory conference date for 8 August 2016 and a two-day hearing commencing on 17 October 2016.

2 1. Adjourn the hearing to new dates being14-15 December. 2. Any expert or lay witness written evidence is to be presented at least 10 working days before the hearing. 3. Administration mention to be scheduled in 30 days for parties to jointly advise the Tribunal on the status of councils costs associated with the enforcement 4. In the situation where the owner K. Smith has made application to the Responsible Authority to amend the subject planning permit P696/2016, and where it is anticipated that the Council will make its decision on this application on or about 14 September 2016 the parties agree that if possible any resulting application for review to the Tribunal shall be concurrently heard with this enforcement proceeding at the revised dates of 14-15 December. 5. The Tribunal to ask VicRoads to join as a party for the matter given amendments relate to road matters.

BENALLA RURAL CITY COUNCIL 60 Agenda – Planning and Development Committee 17 August 2016

PLANNING PERMIT APPLICATIONS

Planning Permit Applications Received Per Month 25

5 Applications Received 2015/16 Applications Received 2016/17 0

July April May June March August January October February November December September

Planning Permit Applications Decided Per Month 20

4 Applications Decided 2015/16 2 Applications Decided 2016/17

July April May June March August January October February September November December

BENALLA RURAL CITY COUNCIL 61 Agenda – Planning and Development Committee 17 August 2016

Building Approvals Issued by Council and Private Practitioners

File No Description Property Address Value $ Construction of 1 DA5469 Verandah Attached to 106 Arundel Street, Benalla 12,210 an Existing Dwelling Construction of 2 DA6384 20 The Culdesac, Benalla 214,233 Dwelling and Garage Alteration and 3 DA6367 37a Smythe Street Benalla 103,120 Extension to Dwelling Construction of Carport 4 DA6071 19 Afton Avenue, Benalla 14,416 and Shed Extension to Alfresco 5 DA4094 2/94 Salisbury Street, Benalla 5,000 Area Alterations to Existing 6 DA6383 54C Carrier Street, Benalla 3,000 Building

7 DA5513 Construction of Carport 7 Cecil Street, Benalla 20,000

Construction of Safety 8 DA4587 Lot 1 Ackerly Avenue, Benalla 4,000 Fencing Construction of 9 DA6378 22 Commercial Road, Benalla 5,500 Verandah Extension to Dwelling and Construction of 10 DA4569 97 Salisbury Street, Benalla 65,000 New Garage and Verandah

BENALLA RURAL CITY COUNCIL 62 Agenda – Planning and Development Committee 17 August 2016

11 DA6373 Restump Dwelling 62 Clarke Street, Benalla 7,000

12 DA6358 Construction of Shed 6 Eric Street, Benalla 14,000

Construction of Garden 13 DA6337 101 Cowan Street, Benalla 4,860 Shed

14 DA4618 Construction of Carport 45 Standish Lane, Benalla 15,830

15 DA6390 Construction of Shed 246 Mitchell Road, Tatong 12,172

16 DA4226 Construction of Shed 7 Benson Street, Benalla 12,401

Construction of 17 DA6268 4 Inglis Road, Benalla 230,000 Dwelling and Garage Construction of Free 18 DA6374 391 Hartridge Road Molyullah 15,000 Standing Shed Construction of Free 19 DA6368 17 Hilbrick Road Benalla 6,851 Standing Carport Construction of Free 20 DA166 118 Asbury Road, Lurg 21,000 Standing Farm Shed Additions and 21 DA1793 Alterations to an 17 Glenwest Lane, Winton 15,000 Existing Shed 22 DA6336 Office and Workshop 8 Irwin Road, Benalla 400,000

Construction of 23 DA6382 9 The Culdesac, Benalla 188,256 Dwelling and Garage Construction of 12 Bridge Street West, 24 DA6357 236,449 Dwelling Benalla

There were 24 building approvals issued in the month of July 2016 to the total value of $1,625,298.

BENALLA RURAL CITY COUNCIL 63 Agenda – Planning and Development Committee 17 August 2016

Building Permits Issued by Certifier by month

Building Permits Issued By Certifier 2016/17 Private 16 Council 14

July April May June March August October January November February September December

Total Building Permits Issued Per Month

2015/16 35 2016/17

July April May June March August October January November February September December

BENALLA RURAL CITY COUNCIL 64 Agenda – Planning and Development Committee 17 August 2016

Value of Building Permits Issued ($'000)

3000 Value of Works 2015/16

2500 Value of Works 2016/17

2000

1500

1000

500

July April May June August March October January February September November December

COUNCIL PLAN 2013-2017 IMPLICATIONS

Our Organisation . We are compliant with our legislative and risk management responsibilities and accountable to our community.

Recommendation:

That the report be noted.

BENALLA RURAL CITY COUNCIL 65 Agenda – Planning and Development Committee 17 August 2016

11. State Government Take 2 Pledge Initiative E1472 Veronica Schilling – General Manager Development & Environment

PURPOSE OF REPORT

The report discusses the State Government’s climate change pledge TAKE2.

BACKGROUND

The Victorian Climate Change Act requires the Minister to prepare the second Victorian Climate Change Adaptation Plan (AP2) before the end of 2016. AP2 will include a range of actions that increase the resilience of Victorian local governments, businesses and the community to the impacts of climate change.

The pillars of AP2 are: . Embedding climate change adaptation across government. . Working with local government. . Government leading by example . Regional approach to adaptation planning. . ‘System’ approach to adaptation planning. . Protecting vulnerable state assets; coasts, alpine areas, cities and urban areas, and biodiversity.

In May 2016, a discussion paper was released outlining options for the State Government to support local government in climate change adaptation. The topics addressed in the discussion paper are: . Climate change adaptation in land-use and urban planning. . Climate change adaptation in infrastructure and asset management. . Information state government can provide to assist local government. . Supporting local government adaptation work. . Governance arrangements for adaptation between state and local governments.

DISCUSSION

As part of the State Government’s commitment to climate change adaptation, it has developed TAKE2, a collective pledge initiative and community awareness program to help Victoria reach zero net emissions by 2050 and keep global temperature rise to under two degrees.

The TAKE2 Pledge initiative enables businesses, local councils, community members and other organisations to contribute to the first Victorian state-wide interim emissions reduction target for 2020. Appendix 1 provides further information on the initiative.

BENALLA RURAL CITY COUNCIL 66 Agenda – Planning and Development Committee 17 August 2016

The TAKE2 Pledge initiative is consistent with objectives outlined in Council’s Environment Strategy 2016 -2020 and Climate Change Adaptation Action Plan.

The TAKE2 Pledge initiative aligns with science-based emission reduction targets and is consistent with the Paris Agreement adopted at the Conference of the Parties (COP-21) meeting in Paris in December 2015.

In recognition of local government’s efforts to take action on climate change, Victorian Councils have been invited by Sustainability Victoria to join the TAKE2 Pledge Initiative.

Participating in the TAKE2 Pledge initiative would provide the Council with the following benefits: . Increased and more widespread recognition of innovative and meaningful council action already underway. . The ability to demonstrate leadership on climate action. . A platform to demonstrate commitment to be part of the global solution through local action. . A mechanism for government partnerships to recognise and resource local commitments to climate change.

There are a number of new actions the Council can consider to demonstrate its commitments in taking the pledge to support TAKE2. These include: . Goulburn Valley Greenhouse Alliance (GBGHA) Membership: the Council has a long standing association with this group. Member councils are committed to establishing and delivering greenhouse gas emission abatement and adaptation response projects that provide regional benefits to councils and their local communities. . Implementation of Greenhouse mitigation projects: the Council has undertaken regular project involving the installation of a solar arrays on key community building and continues to ensure that maintenance as well as building upgrades include energy efficiency and provision of on-site renewable energy initiatives. . Partnership with the Benalla Sustainable Futures Group: to investigate the feasibility of developing a community energy project is in progress.

ENVIRONMENT STRATEGY 2016-2020 IMPLICATIONS

. Future changes in our climate are anticipated and planned for. . Council and community are reducing their greenhouse gas emissions and resource use. . Council supports and enables the community to act responsibly around waste management and resource use.

BENALLA RURAL CITY COUNCIL 67 Agenda – Planning and Development Committee 17 August 2016

Climate Change Adaptation Action Plan

. Community capacity to adapt to changes in climate is increased. . The local economy is diverse and the community and Council engage in sustainable business practices. . Council ensures delivery of Climate Change Adaptation Action Plan through transparent processes. . The community and Council are less reliant on fossil fuels and have access to less fossil fuel dependent transport options.

SOCIAL IMPLICATIONS

There is potential for significant social and cultural impacts arising from AP2, and actions to address climate change adaptation will positively impact on improved liveability outcomes and more resilient communities. Similar outcomes will be achieved through the implementation of actions associated with the TAKE2 Pledge initiative.

FINANCIAL IMPLICATIONS

There are no new financial implications associated with the Victorian Climate Change Adaptation Plan discussion paper and the TAKE2 Pledge initiative.

COUNCIL PLAN 2013-2016 IMPLICATIONS

Our Natural Environment . Within our community our organisation is recognised as an environmental leader. . Community education facilitates a shift to a more sustainable future. . A strategic and collaborative approach underpins the management of our water supply and resources. . Implement monitor and report back to the community on our progress in achieving actions identified in the Benalla Rural City Environment Strategy 2011-15 and Climate Change Adaptation Action Plan.

Our Organisation . We are compliant with our legislative and risk management responsibilities and accountable to our community.

Recommendation:

That the Council pledge its support to the state’s TAKE2 initiative.

BENALLA RURAL CITY COUNCIL 68

Agenda – Planning and Development Committee 17 August 2016

12. 2015/16 Capital Projects Program – status as at 30 June 2016 E282 Bryan Campbell – Manager Infrastructure Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report outlines progress of the 2015/16 Capital Projects Program as at 30 June 2016.

BACKGROUND

Capital projects are funded from general revenue and grant funding. The Council’s budgetary process allocates available funding to priority projects. The various Council departments are then charged with the responsibility for completing the approved projects within the financial year.

Appendix 1 provides the status of current capital projects as at 30 June 2016.

DISCUSSION

Benalla Landfill and Resource Recovery Centre Upon completion of the construction phase, the third party certified quality auditor reports were submitted to the Environmental Auditor in March 2016.

The Environmental Auditor completed review of the final reports and application to the Environmental Protection Auhority (EPA) verifying compliant construction of the Landfill Cell and Leachate Pond in May 2016. The EPA amended the current Benalla Landfill Licence on 3 June 2016 and the site recommenced receiving waste on 6 June 2016.

Road Works Resealing works on 15km of road were completed in the June quarter. These works included sections of Lake Mokoan Road, Witt Street, Faithfull Street and Benalla Baddaginnie Road.

Resheeting was completed on 14km of unsealed roads and 16km of sealed road shoulders during the quarter.

BENALLA RURAL CITY COUNCIL 69 Agenda – Planning and Development Committee 17 August 2016

Tarnook Road shoulder widening, sealing and line marking has been completed. This work resulted in significant safety upgrades on a 3km section of road. Discussions with local residents regarding safety concerns were incorporated as far as practical following an on-site meeting on 10 May 2016.

Tarnook Road shoulder widening Gunn Lane bridge replacement has been completed. The old bridge was removed and replaced with a modern precast concrete and steel pile single lane bridge.

Gunn Lane bridge – before

BENALLA RURAL CITY COUNCIL 70 Agenda – Planning and Development Committee 17 August 2016

Gunn Lane bridge - after

The Holmes Road bridge upgrade, Bungeet Road culvert widenings, Water Reserve Road bridge replacement and Burness Road culvert widenings were completed on time and on budget.

Accessible bus shelter

The Council has also completed a new accessible bus shelter that supports students and other community members attending school or other activities. This project was jointly funded by Regional Development Victoria and the Council. Final site rehabilitation is expected to be completed this month with use commencing in Term 4.

BENALLA RURAL CITY COUNCIL 71 Agenda – Planning and Development Committee 17 August 2016

Procurement Activity

Status of procurement activities are listed in the below tables.

Roads

Number Activity Status CMP16.038 Provision of asphalt regulation and stabilising Under evaluation services for various Council roads 2016/17 CMP16.039 Gravel road re-sheet 2016/17 capital projects Council meeting 3 program August 2016 for award CMP16.040 Shoulder re-sheet 2016/17 capital projects Council meeting 3 program August 2016 for award CM16.045 Provision of crack sealing services for various Currently in Council roads 2016/17 market

Bridges

Number Activity Status CM16.002 Williams Road Bridge strengthening and bypass Preparations track commenced

Airport

Number Activity Status CMQ16.010 Sealing of apron pavement and access tarmac Released to market 27 July 2016 CMQ16.011 Hangar track upgrades No further action since Oct 2015 CMQ16.012 East runway extension Awarded CMP16.013 Fuel facility upgrade Awarded CMQ16.062 Fence and security upgrades Preparations commenced Currently being West runway extension Delayed until requested Nov/Dec 2016

Facilities

Number Activity Status CMP16.012 Airport – Eastern glider runway extension Awarded CMP16.013 Airport – Aviation fuel facility Awarded CMQ16.033 Churchill Reserve Netball Courts Under evaluation CMP16.037 Hay production lease Awarded

BENALLA RURAL CITY COUNCIL 72 Agenda – Planning and Development Committee 17 August 2016

Major Projects

Number Activity Status CMQ15.032 Adventure Park Precinct Redevelopment – Toilet Awarded replacement CMP16.003 Adventure Park Precinct Redevelopment – Under evaluation landscape construction

Major Plant

Number Activity Status CMP16.019 Acquisition of grader 2016/17 capital works Under evaluation program with recommendation to 31 August 2016 Council meeting CMP16.043 Dry hire of landfill compactor and front end wheel Recommendation loader for award at 3 August 2016 Council meeting

FINANCIAL IMPLICATIONS

The roads and bridges projects are tracking on budget and on time. The final costings of the landfill construction are the subject of a separate report in this agenda. Other projects are on track in terms of budgeting.

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces . Community infrastructure is maintained in accordance with best practice asset management principles including roads, bridges, drains, footpaths, buildings and facilities. . New and expanded community assets are planned and provided to meet community needs and expectations, and infrastructure performance standards. . Community infrastructure and services in rural areas are planned and provided on the basis of a strategy developed in conjunction with local residents. . Land uses in urban and rural areas are well planned and appropriate development is managed to meet community needs and to maintain and enhance the high amenity and character of our Rural City. . Recreation and open space developments across our Rural City are planned and prioritised to maximise the health and enjoyment of our community.

Recommendation:

That the report be noted.

BENALLA RURAL CITY COUNCIL 73 LEGEND Not Started Preliminaries Work In Progress (WIP) Completed

Quarterly Report Ending Total Property Land Land Improvements Buildings New Building BUI072 Smythe St Bus Shelter Completed Structure/Fit out BUI066 Visitor Information Centre Refurbish Completed BUI089 Senior Citizens and Community centre doors Completed Roof BUI083 Roof Access Stage 2 (BIRC, Aquatic Centre) WIP Mechanical Services BUI084 Mechanical Services various sites WIP Demolition Heritage Buildings Building Improvements Leasehold Improvements Plant and Equipment Heritage Plant and Equipment Plant, Machinery and Equipment Minor Plant CPEO14 Small plant upgrade Completed Major Plant Motor Vehicles CPE013 Ute Replacement WIP Fixtures, Fittings and Furniture CPE002 Partitions for Customer Service Centre Completed Computers and telecommunications CPE016 Information Systems Project WIP Library Books Intangible assets CPE015 Aerial photography for GIS Completed BUI082 Emergency Management Flood Management IT Project Not Started BUI067 Visitor Information Centre - Feasibility & Design Completed Infrastructure Roads Local Road Improvements Sealed Pavement RRE047 Tarnook Rd Widening 3.8-6.3 Completed Shoulder Resheeting - CM16.005 RRS005 Shoulder Resheeting Completed RRS002 Shoulder - Baddaginnie-Warrenbayne Rd 3.2 - 7.1 Completed RRS003 Shoulder - Kilfeera Road 6.6 - 15.5 Completed RRS004 Shoulder - Kilfeera Road 17.9 - 21.6 Completed Gravel Road Resheeting - CM16.004 RUR001 Unsealed Roads - Resheeting Completed RUR055 Resheet - Basin Rd 3.78 - 6.00 Completed RUR056 Resheet - Four Mile Rd 0.0 - 1.2 Completed RUR057 Resheet - Greens Rd 0.0 - 2.940 Completed RUR058 Resheet - Greta West - Upper Lurg Rd 0.0 - 3.235 Completed RUR061 Resheet - Jones Rd 4.0-5.0 Completed RUR062 Resheet - Jones Rd 5.45-6.80 Completed RUR059 Resheet - Steel Rd 0.92 - 2.505 Completed RUR060 Resheet - Upper Taminick Rd 0.0 - 3.420 Completed Crack Sealing - CM15.038 RPR001 Crack Sealing Program Completed RPR064 Crack Sealing - Church St 0.000 - 0.220 Preliminaries RPR065 Crack Sealing - Cowan St 0.000 - 1.530 WIP RPR066 Crack Sealing - Glenrowan-Boweya Rd 1.330 - 3.800 Completed RPR067 Crack Sealing - Glenrowan-Boweya Rd 11.800 - 12.680 Completed RPR068 Crack Sealing - Glenrowan-Boweya Rd 8.800 - 10.700 Completed RPR069 Crack Sealing - Goorambat Dookie College Rd 0.000 - 1.700 WIP RPR070 Crack Sealing - Goorambat Thoona Rd 0.00 - 2.800 WIP RPR074 Crack Sealing - Olivers Rd 0.000 - 0.880 Completed RPR075 Crack Sealing - Roe St 0.000 - 0.670 Completed RPR076 Crack Sealing - Sharpe Rd 0.000 - 1.800 WIP RPR077 Crack Sealing - Bourke Dr 0.00 - 0.200 Completed RPR078 Crack Sealing - Carrier St 0.00 - 0.690 Completed RPR079 Crack Sealing - Coish Ave 0.00 - 0.650 Completed RPR080 Crack Sealing - Evan James Dr 0.00 - 0.166 Completed RPR081 Crack Sealing - Meadows Ave 0.00 - 0.420 Completed RPR082 Crack Sealing - Melrose St 0.00 - 0.406 Completed RPR083 Crack Sealing - Molyullah-Tatong Rd 6.5 -8.0 Completed RPR084 Crack Sealing - Old Thoona Rd 0.00 - 5.430 Completed RPR085 Crack Sealing - Perth St 0.00 - 0.409 Completed RPR086 Crack Sealing - Saleyards Rd 0.00 - 1.180 Completed RPR087 Crack Sealing - Second Ave 0.00 - 0.080 Completed RPR088 Crack Sealing - Stewart St 0.00 - 0.176 Completed RPR089 Crack Sealing - Stewarton Rd 9.490 - 16.155 Completed RPR090 Crack Sealing - Swanpool-Lima Rd 0.000 - 4.000 Completed RPR091 Crack Sealing - Thoona-Boweya Rd 1.300 - 3.100 Completed RPR092 Crack Sealing - Upper Lurg Rd 0.00 - 2.220 Completed RPR093 Crack Sealing - Witt St 0.000 - 1.970 Completed Regulation - CM16.023 REG001 Regulation Program Completed a Regulation - Church St 0.000 - 0.220 Preliminaries RPR071 Regulation - Lake Mokoan Rd 0.00 - 4.28 Completed RPR072 Regulation - Lake Mokoan Rd 4.800 - 6.910 Completed RPR073 Regulation - Lake Mokoan Rd 7.97 - 13.05 Completed REG065 Regulation - Cowan St 0.000 - 1.530 Completed REG066 Regulation - Glenrowan-Boweya Rd 1.3 - 3.8, 8.8-10.7, 11.8-12.68 Completed REG069 Regulation - Goorambat Dookie College Rd 0.000 - 1.700 Completed REG070 Regulation - Goorambat Thoona Rd 0.00 - 2.800 Completed REG074 Regulation - Olivers Rd 0.000 - 0.880 Completed REG075 Regulation - Roe St 0.000 - 0.670 Completed REG076 Regulation - Sharpe Rd 0.000 - 1.800 Completed REG083 Regulation - Molyullah-Tatong 6.5 -8.0 Completed REG093 Regulation - Witt St 0.00 - 1.970 Completed Regulation_Baddaginnie-Benalla Rd 0.0 - 1.27 Completed Regulation_Bourke Dr 0.00 - 0.200 WIP Regulation_Coish Ave 0.00 - 0.650 WIP Regulation_Evan James Dr 0.00 - 0.166 WIP Regulation_Swanpool-Lima Rd 0.00 - 4.000 WIP Regulation_Stewarton Rd 9.490 - 16.155 WIP Regulation_Second Ave 0.00 - 0.080 WIP Regulation_Old Thoona Rd 0.00 - 5.430 WIP Regulation_Carrier St 0.00 - 0.690 WIP Regulation_Upper Lurg Rd 0.00 - 2.220 WIP Regulation_Saleyards Rd 0.00 - 1.180 WIP Regulation_Stewart St 0.00 - 0.176 WIP Road Resealing - CM15.028 RSR001 Reseal Program Completed Reseal - Cowan St 0.0 - 1.530 #N/A Reseal - Glenrowan-Boweya Rd 8.860 - 10.720 #N/A Reseal - Goorambat Dookie College Rd 1.700 - 2.690 #N/A Reseal - Goorambat Thoona Rd 0.00 - 2.200 #N/A RSR063 Reseal - Lake Mokoan Rd 7.97 - 13.05 Completed RSR064 Reseal - Lake Mokoan Rd 4.8 - 6.910 Completed RSR065 Reseal - Lake Mokoan Rd 0.00 - 4.28 Completed RSR066 Reseal - Witt Street 0.00 - 1.97 Completed RSR067 Reseal - Faithful Street 0.92 - 1.31 Completed Reseal - Baddaginie - Benalla Road 0.00 - 1.27 Completed RSR068 Reseal - Tarnook Road WIP New Footpath FPA006 Winton Wetlands Shared Pathway WIP Footpath Rehabilitation FPA007 Boardwalk rehabilitation ($45k) Preliminaries Pedestrian Facilities Bridges Bridges BRD045 Bridge - Gunns Lane #58 Completed BRD046 Bridge - Holmes Road #7 Completed BRD048 Bridge - Safety upgrades Completed Culverts BRD044 Culvert - Bungeet Road # 496 (225) Completed BRD049 Culvert - Burness Road #16 Completed BRD050 Bridge - Water Reserve Rd #118 Completed BRD043 Bridge - Warrenbayne Post Office Road #164 Not Started BRD047 Brock Rd culvert/endwalls #345 Not Started Drainage Drainage Rehabilitation DRA024 Devenish Drainage Stage-1/2 Carry forward Preliminaries Drainage Upgrade New Drains Recreational, leisure and community facilities Sport facilities BUI071 Aquatic Centre Redevelopment - Construction Design And Specification Not Started BUI088 Aquatic Centre Not Started Playing grounds CLR045 Churchill Reserve Netball Courts WIP BUI087 BIRC Court resurface and removal WIP Playground Equipment OSP022 Childrens Adventure Park Precinct Redevelopment Preliminaries Waste Management Containment Cell Construction / Equipment LFIL05 Containment cell design Preliminaries LFIL04 Relocate Overstack Cell Preliminaries LFIL01 Benalla Landfill/New Cell WIP LFIL03 Landfill Cell Liner - Expense Not Started Cell Capping / Rehabilitation LFIL06 Rehabilitation of Area 2 (from reserve) Preliminaries Containment Cell Construction / Equipment Parks, open space and streetscapes Open Space Aerodromes Airport BUI090 Benalla Aerodrome redevelopment WIP BUI085 Airport Redevelopment (RAF Grant) Completed BUI079 Airport - Infrrastructure Works Completed BUI052 Benalla Airport/Electricity Supply Upgrade Not Started Off street carparks RRE048 Carpark 2 Mair St Preliminaries Other infrastructure BUI086 Replace various items at Livestock yards Not Started All Major Projects OSP027 Street Light Retrofit Program Part 2 WIP OSP028 Enviropoles WIP Community Development OSP020 Community Development ($25k) Not Started Agenda – Planning and Development Committee 17 August 2016

13. Development Department – activity report for the quarter ended 30 June 2016 E1226 Nilesh Singh – Manager Development Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report details the activities of the Development Department for the quarter ended 30 June 2016.

BACKGROUND

The Development Department primarily provides a broad range of development services to the residents and ratepayers of the municipality. It frequently provides services to prospective new residents and to developers.

The Development Department is responsible for services such as town planning, land use studies, environmental health matters, building services, domestic animal management, parking and enforcement of local and State Government legislation.

The services provided by the professional staff of the unit are primarily statutory in nature, as the Council is required by various acts of parliament to provide specific regulatory services.

The staffing and resources required to provide the services are largely funded by rate revenue, but are subsidised by fees collected for the services provided. In most cases there are also statutory regulations governing the level of fees that the Council can charge for the services provided.

The following sections of this report set out a brief discussion of the highlights and issues for the Development Department operations for the quarter ended 30 June 2016.

BENALLA RURAL CITY COUNCIL 74 Agenda – Planning and Development Committee 17 August 2016

1. STRATEGIC PLANNING

1.1 State Planning Scheme Amendments The State Government makes changes to the state planning policy framework, zone provisions, overlay provisions, particular provisions, general provisions and definitions. In this quarter the State implemented no such Amendments.

1.2 Benalla Rural City Council The Council is also in the process of preparing a number of Planning Scheme Amendments.

1.2.1 Amendment C29 – Benalla Planning Scheme Review The Planning Scheme Review is statutory requirement under the Planning and Environment Act 1987 which is undertaken every Council Plan cycle. The amendment was exhibited from 20 March 2014 to the 21 April 2014. Three submissions have been received to date from the following referral authorities: . Environmental Protection Authority (EPA . VicRoads . Department of Environment and Primary Industries (DEPI).

Final documents were submitted to the Minister for Planning for approval on 16 December 2015. The amendment was approved by the Minister for Planning on 21 April 2016. The amendment now forms part of the Benalla Planning Scheme.

1.2.2 Amendment C32 – Anomalies A review of the current zonings of the Planning Scheme is currently being undertaken to ascertain which parcels of land have the wrong zoning applied. The purpose of the amendment is to rectify any errors in the zoning maps to reflect the correct zoning and/or use.

At a Planning and Development Committee Meeting on 18 March 2015 the Council resolved to adopt the amendment and seek authorisation from the Minister for Planning to prepare the amendment. Since this time four more properties have been identified which required inclusion into the amendment. The report identifying these properties was submitted to a Planning and Development Committee meeting on 19 August 2015 where it was resolved to seek ministerial authorisation.

The Council is currently preparing the amendment documents and application forms for submission to the Minister for Planning.

1.2.3 Amendment C33 - Rezoning of Land at 48 Four Mile Road A request has been received to rezone land at 48 Four Mile Road, Benalla from Farming Zone to General Residential Zone. The subject site is designated as an area for future residential growth within the Municipal Strategic Statement of the Benalla Planning Scheme.

The Minister authorised was given for the amendment on 15 December 2014 and it was exhibited between 29 January 2015 and 3 March 2015.

BENALLA RURAL CITY COUNCIL 75 Agenda – Planning and Development Committee 17 August 2016

As a result of exhibition, three submissions objecting or requiring changes have been received. Two submissions requesting changes have been submitted by the Environmental Protection Authority and the Department of Environment, Land, Water and Planning. One objection has been received from and independent submitter.

The proponent to the amendment is currently responding to the submissions.

1.2.4 Amendment C36 – Rezoning of Land at 72-82 Samaria Road, Benalla A request has been received to rezone land at 72-82 Samaria Road, Benalla from Industrial 1 Zone to General Residential Zone. The site contains a former carpet manufacturing use and is located on the south-west corner of Samaria Road and Coster Street, Benalla.

The proponent Is currently seeking advice on the amendment from Council Officers and the Department of Environment, Land, Water and Planning with regard to the proposal and explanatory report. The amendment is in a relatively preliminary stage and has not yet been submitted to a Planning and Development Committee Meeting for discussion.

2. STATUTORY PLANNING 2.1 Town planning quarter ended 30 June 2016: Quarter Activity Jun 16 Mar 16 Jun 15 Total Planning Permit Applications received 49 33 49 Applications decided between 01/04/16 – 30/06/15 Permits / Notices of Decision 39 36 39 Refusal 0 2 1 Withdrawn 1 0 2 Lapsed Applications 0 0 1 Applications active at 30 June 2015 20 11 28 Appeals lodged at VCAT for planning applications 0 1 0 Appeals pending at VCAT for planning applications 1 1 1 Number of VCAT decisions that did not set aside council’s decision in relation to a planning application. 0 0 N/A Amended applications 4 5 4 Processing times: Total applications decided under 20 working days 25 23 29 Total applications decided within 21 - 40 working days 11 7 9 Total applications decided within 41 - 60 working days 3 4 2 Total applications decided over 60 days 0 4 3 Median number of days between receipt of a planning application and a decision on the application. 18 16 N/A Referrals: Applications referred to external authority (Sec 52) 36 24 23

Applications referred to external authority (Sec 55) 28 11 23

BENALLA RURAL CITY COUNCIL 76 Agenda – Planning and Development Committee 17 August 2016

Activity Quarter Main land use or development category for applications decided during quarter Residential alterations and additions 20 12 31 One new dwelling 7 5 2 More than one new dwelling 0 0 0 Other accommodation 0 0 0 Agriculture 0 0 0 Buildings and works only 1 6 0 Industry, warehouse or store 4 0 0 Office 0 0 0 Other 3 15 6 Retail premises 0 0 0 Subdivision 2 0 0 Vegetation removal 2 0 3 Parking reduction only 0 0 0 Advertising signs 0 0 1 Timber Harvest Plans 1 3 2 Planning Certificates 58 40 51 Extension of Time for Planning Permits Granted 7 0 4

2.2 Planning Permit Applications decided during June quarter 2016 (by decision time, percent of total)

41–60 days

28%

21–40 days

< 20 days 64%

2.3 Applications decided over 60 statutory days

This quarter all applications decided were within the statutory timeframe of 60 days.

BENALLA RURAL CITY COUNCIL 77 Agenda – Planning and Development Committee 17 August 2016

2.4 Applications outstanding over 60 statutory days as at 30 June 2016

There were no applications outstanding over 60 statutory days on 30 June 2016.

2.5 Enforcement Planning enforcement remains a high priority of the Planning Unit. The officers continue to undertake audits of planning permits to ensure compliance with conditions. The Planning Unit is actively pursuing compliance on the following matters:

High Priority . Dwelling – A transportable dwelling has been placed on land in a Farming Zone. The owner has been advised that a planning application is required for the dwelling. The planning application has been approved subject to conditions. No further action is required with the exception of compliance with planning permit conditions. . A planning permit has been issued for a lifestyle festival subject to conditions. Festivals have been undertaken on the site not in compliance with the conditions of the planning permit. An enforcement order has been lodged with the Tribunal to seek enforcement with non-compliance of the permit conditions. . Vegetation Removal – Native vegetation has been removed from a roadside. Initial investigations are being carried out in conjunction with the Department of Environment, Land, Water and Planning to ascertain a future course of action with regard to the non-compliance.

Medium Priority . Vehicle Storage – An excessive amount of vehicles are being stored on a site. The Council has met the owner on site and has written to the owner to remove the cars from the site within two months. The number of cars on the site has been reduced and Council is monitoring their continued removal from the land. . Contractors Depot – A contractors depot use is being undertaken on a site. Council Officers have conducted a site visit and confirmed with the owner of the land that the use requires a planning permit. Council have given the owner two weeks to submit a planning application. The applicant has now written to Council advising that the Contractors Depot will not be conducted from the subject site but would be moved to a separate site, hence a permit for a contractors depot on the site would not be required. Council Officers are in continued correspondence with the owner of the site to clean up the site and remove vehicles and materials from the site that are not needed for the existing agricultural use. . A political advertising sign has been erected on the property in an area in which the erection of such a sign would be prohibited. The owner of the site has been advised that the sign should be removed from the site.

BENALLA RURAL CITY COUNCIL 78 Agenda – Planning and Development Committee 17 August 2016

3. BUILDING SURVEYING

3.1 The following table and chart set out a summary of the main activities administered by the Building Services Unit during the quarter compared to previous quarters.

Quarter

Jun 16 Mar 16 Jun 15 Total number of permits issued 66 49 54 Dwellings/Re-locatable/Demolition 23 17 7 Private 8 8 7 Council 15 9 0 Alterations/Extension 3 7 7 Private 0 2 6 Council 3 5 1 Swimming Pools 4 5 5 Private 1 0 0 Council 3 5 5 Garages/Sheds/Carports/Re- 29 18 22 stump/Fencing/Pergola Private 5 4 17 Council 24 14 5 Commercial 7 2 13 Private 0 2 10 Council 7 0 3 Industrial 0 0 0 Private 0 0 0 Council 0 0 0 Total Cost of Works ($’000) 4,901 4,160 5,975 Building Certificates 65 56 67 Land Information Certificates 136 129 136 Building Notices/Orders 5 5 8 Complaints Received & Investigated 1 0 8 Inspections Undertaken 102 124 54

BENALLA RURAL CITY COUNCIL 79 Agenda – Planning and Development Committee 17 August 2016

3.2 Building Permits issued June quarter 2016 compared to previous quarters

Industrial Jun-15 Mar-16 Jun-16 Commercial

Garages/Sheds/Carports/Re- stump/Fencing/Pergola

Swimming Pools

Alterations/Extension

Dwellings/Re- locatable/Demolition

0 5 10 15 20 25 30 35

Highlights

The Building Unit is averaging 17 building permits per month; this is also reflected through an increase in customer service calls and counter enquiries throughout the last quarter.

The Building Unit has been working hard to develop good working relations with local builders, which has seen a number of local builders use the Council for the issuing of their building permits.

The Building Unit has continued to have a good working relationship with Moira Shire Council Building Department and this is reflected through conducting inspections for their permits.

BENALLA RURAL CITY COUNCIL 80 Agenda – Planning and Development Committee 17 August 2016

4. ENVIRONMENTAL HEALTH Summary of the main activities during June quarter 2016 compared to previous quarters

Activity Quarter Jun 16 Mar 16 Jun 15 Food Act Registrations Temporary food permits applications 3 5 6 Temporary food SOT - Streatrader 49 41 53 Food premises registration renewals 5 16 0 New food premises applications received 4 1 3 Transfer of food premises registrations 1 2 2 Inspection of above 80% Class 1 and 2 premises 32 12 N/A accordance with Food Act Food Act Surveillance Food recalls 6 14 2 Inspections undertaken 3 8 34 Statutory sampling 0 12 9 Samples obtained for investigation purposes 0 1 0 Wastewater Management New permit applications received 10 15 6 Permits issued 9 15 6 Systems finalised 10 10 14 Inspections Undertaken 42 50 34 Building Report and Consent (Unsewered areas) 2 3 N/A Planning Referrals (Unsewered areas) 14 18 N/A Health Act Surveillance New applications received 0 1 3 Transfers 1 2 1 Inspections undertaken (swimming pools and other premises) 0 0 10 Tobacco Act Compliance Number of test purchases conducted 13 13 0 Premises Sign & Tobacco Display Non-Comp 0 0 1 Educational visits undertaken/inspections 16 0 6 Complaints Health/Environment 0 0 3 Food 5 2 1 Immunisation Service Community Care Session Number of clients 101 64 84

BENALLA RURAL CITY COUNCIL 81 Agenda – Planning and Development Committee 17 August 2016

Activity Quarter Jun 16 Mar 16 Jun 15 Vaccinations administered 158 116 133 Waminda House Session Number of clients 20 10 17 Vaccinations administered 27 16 23

Highlights

Environmental Health Emergency Response to Freeway Truck Fire A heavily loaded B-Double refrigerated transport truck was involved in an accident on the Hume Freeway. The CFA responded and the Environmental Health Coordinator was called to condemn the remaining food product and minimize the pollution. Half the contents on the truck was spilled onto the side of the road to extinguish the internal fire.

The burned debris was loaded into a dump truck for transport to landfill. The spilled milk mixed with water and ran down to a hastily constructed dam that was in turn pumped out by a truck to remove most of the contamination. The remaining forklift pellets which held fire and smoke damaged product were loaded into water-tight skips and crushed in Dandenong prior to transfer to an industrial composting facility. The EPA and Dairy Safe Victoria were informed of the accident.

Yellow Stainer Mushroom Poisoning Yellow Stainer mushrooms appeared to have entered a paddock where wild mushrooms have been harvested for many years with no issues. This time a farm gate purchaser of a tray of approximately 10-15 mushrooms had a serious reaction about half an hour after consumption and went to hospital with terrible headaches. Investigations of the remaining uncooked mushrooms found when the produce was scratched one created yellow stains. Another person who also ate the mushrooms was unwell but had a less severe reaction. He was kept under observation in case he deteriorated further.

Department of Health and Human Services advisory information highlights that around Melbourne most good field mushrooms have been consumed and the more dangerous ones are on the rise. Clarification is being sought on whether farm gate sales can continue and what precautions can be taken to clarify identification and reporting of illness to protect this local farm business. No State Authorities appear to have a position on whether wild harvested field mushrooms can be sold at farm gates or other food premises. It is unclear what additional testing, labelling and reaction reporting contact details may be necessary. In our municipality we are fortunate to have a commercial mushroom grower and some very experienced and licensed wild mushroom harvesters that supply restaurants. Contrary to popular belief, there is no home test that can distinguish between edible and poisonous fungi and mushrooms.

BENALLA RURAL CITY COUNCIL 82 Agenda – Planning and Development Committee 17 August 2016

Immunisation Local businesses are now well aware of how challengin some preventable flu strains can be to productivity and business continuity. Many businesses organise their own flu vaccination sessions with those who missed out or not offered such service attending the Council’s immunisation sessions.

At the routine immunisation sessions we had 28 employees attend the Community Care based sessions and eight employees attend the Waminda Community House immunisation sessions.

5. Compliance Unit

Quarter Activity Jun 16 Mar 16 Jun 15 Animals - Domestic Calls requiring follow-up 318 302 321 Official Warnings 4 1 0 Response calls 278 257 251 Impounded 100 109 103 Animals- Livestock Calls requiring follow-up 51 59 34 Notice to Confine Livestock 2 6 2 Response calls 34 45 29 Impounded 2 0 1 Parking and Traffic Calls requiring follow-up 20 3 12 Official Warnings 10 4 8 Abandoned vehicles 15 19 0 Environment Protection Act (Litter) Calls requiring follow-up 5 21 11 Official Warnings 0 0 0 Local Law Calls requiring follow-up 101 79 46 Notice To Comply 39 19 4 Environmental Health Calls requiring follow-up 4 7 0 Official Warnings 0 0 0 Fire Prevention Notices Notices Issued 0 1 0 Infringement Notices Local Law 4 5 8 Animals – Domestic / Livestock 14 5 13

BENALLA RURAL CITY COUNCIL 83 Agenda – Planning and Development Committee 17 August 2016

Quarter Activity Jun 16 Mar 16 Jun 15 Environmental Health / Environmental Protection Act 0 0 0 Parking / traffic 124 40 130 Fire Prevention / Environment 0 0 0 Total withdrawn 8 1 13 Final demand 23 11 14 Building and Planning Investigations 13 14 10 Ongoing 12 8 9 Completed 1 6 1 Compliance Notices issued 0 0 0

Highlights

Responding to domestic animal / livestock issues is a major activity of the Compliance Unit. During the quarter Council Officers attended 318 calls relating to animals at large of which 284 related to stray dogs/cats and 34 related to livestock.

Matters were referred to the Infringements Court and 11 matters were heard by the Magistrates Court. Of the 11 matters, eight were parking infringements that had not been paid. They were dealt with by issuing Hearing Notices to the accused. This was the first time hearing notices have been used by Benalla Rural City. They reduce the amount of preparation time and make the process more streamlined. These were all successfully prosecuted.

The other three matters were dealt with through the standard charge and summons process related to offences under the Domestic Animals Act. One of these cases involved a dog attack on sheep at Thoona. The accused was fined $600 and ordered to pay $150 compensation to the owner. The other two matters were failure to register a dog and a dog at large. All were successfully resolved.

BENALLA RURAL CITY COUNCIL 84 Agenda – Planning and Development Committee 17 August 2016

Infringment Notices Issued

3% 10%

Alcohol / Local Law / Fire Prevention Animals - Domestic/Livestock Parking / Traffic

87%

Permits Issued

Road Closure Alcohol Firewood Collection Asset Protection Permit Section 13 - CFA Permit to Burn Community Events Animals Fundraising Livestock Grazing / Moving General Permit Skip Bin on Road Reserve Open Air Burning Street Parties / Non Road Activities Advertising / Goods on the Footpath Street Furniture

0 2 4 6 8 10 12 14 16 18 20

BENALLA RURAL CITY COUNCIL 85 Agenda – Planning and Development Committee 17 August 2016

6. Fee dispensation

The Council adopted a policy for supporting community groups and others through fee dispensation or reduction and responding to other circumstances as warranted. As part of the policy, any requests for fee dispensation are to be reported quarterly to the Council. For the quarter ending 30 June 2016 the following proposals have been assessed under the policy.

Applicant Proposal/Permit Type Value of fee waived ($) Benalla Saints Sports Club – Planning Permit – Construction of a 102 Past Players and Officials Shelter Association. Mr Roger Bell Planning Permit – Two Lot 386 Subdivision (waived as previous application lapsed due to failure to lodge further information) Benalla CFA General Permit 53 The Salvation Army Fundraising Permit 53 Benalla Scout Group Fundraising Permit 53 Benalla Golf Club Permit to Burn 53 Benalla Lions Club Firewood Collection Permit 22 The Salvation Army Fundraising Permit 53 Broken River Venturer Unit Fundraising Permit 53 Benalla Early Holden Car Club Fundraising Permit 53 Benalla Rural City, Road Building Permit - Bus Shelter 675 Reserve Church Street, Benalla Benalla Saints Sports Club – Building Permit - Past Players Shelter 650 Bridge Street West Benalla Rural City, 2A Bridge Building Permit - Demolition of Toilet 650 Street West, Benalla Block Total $2,856

BENALLA RURAL CITY COUNCIL 86 Agenda – Planning and Development Committee 17 August 2016

COUNCIL PLAN 2013 – 2017 IMPLICATIONS

Places and Spaces We will provide community places and spaces to meet the needs of our community and focus on thoughtfully planned growth to maintain and enhance the high amenity and character of our Rural City.

Our Natural Environment We will take a proactive and strategic approach to protect our natural environment and safeguard its ability to support our community into the future.

Recommendation:

That the report be noted.

BENALLA RURAL CITY COUNCIL 87 Agenda – Planning and Development Committee 17 August 2016

14. Environment – activity report for the quarter ended 30 June 2016 E263 Larissa Montgomery – Environment Sustainability Coordinator Veronica Schilling – General Manager Development & Environment

PURPOSE OF REPORT

The report details the activities of the Environment Unit for the quarter ended 30 June 2016.

BACKGROUND

Environment

The Environment Sustainability Unit provides advice and support to the Council and the community in relation to environment, sustainability and natural resource management.

The Unit represents the Council on a number of regional networks which provide an ongoing opportunity to collaborate in funding opportunities, share information and resources as well as participate in projects that would otherwise be unachievable and makes submissions to Victorian and Australian Government green papers on issues relevant to the community.

These networks include: . North East Greenhouse Alliance . Goulburn Broken Greenhouse Alliance . Goulburn Broken Local Government Biodiversity Reference Group . North East Local Government Environment Network . Goulburn Broken Regional Water Quality Programs Forum . Benalla Sustainable Futures Group.

The Unit manages the following projects and day to day functions in relation to the environment, sustainability and natural resources: . Develop offset management plans and manages subsequent offset plantings for Council works. . Seek funding for specific roadside weed control. Currently managing two projects conducting treatment and mapping of Chilean Needle Grass, blackberry, gorse and other selected high priority weeds. . Conduct environmental assessments for Works on Road Reserve permits, firewood collection permits, stock grazing/moving permits and CFA fire prevention works. . Council representative for liaison regarding roadside vegetation projects. . Oversee implementation of the Environment Strategy and Climate Change Adaptation Action Plan. . Liaise with, and make presentations to, community groups.

BENALLA RURAL CITY COUNCIL 88 Agenda – Planning and Development Committee 17 August 2016

. Keep the community informed through the Council Column in the Benalla Ensign. . Coordinate Council’s Green Team.

HIGHLIGHTS OF THE QUARTER

Environmental Assessments A summary of the environmental assessments and inspections conducted for the period 1 April 2016 to 30 June 2016 is provided in the following table.

Type Number Firewood collection permit 9 Stock moving/grazing permit 0 Planning permit 3 Works on Road Reserve permit 1 Council works 1

Environment Meetings and Workshops Attended . Goulburn Broken Greenhouse Alliance meeting . Two Watts Working Better Project meetings . VASP Resilient Community Facilities Project meeting . Green Team meeting. . Hume Business Champions Sustainable Business Event Nagambie.

Roadside Weeds and Pest Program The State Government made a commitment to funding in 2015/16 and 2016/17. The Council will receive $32,854 in each of these financial years which is slightly more than the previous annual allocation of $30,872.

Key requirements of this funding are the Council must produce a Department of Economic Development, Jobs, Transport and Resources (DEDJTR) approved plan and submit an annual report outlining how the outcomes achieved align with this plan. The Council’s control plan was approved by DEDJTR and contractors have completed the 2015/16 treatment program. The annual report required by DEDJTR is being prepared as is tender documents for the 2016/17 treatment program.

Chilean Needle Grass Chilean needle grass (Nassella neesiana) is tussock-forming grass, native to South America. As a Weed of National Significance in Australia, Chilean needle grass is a highly invasive threat to agricultural, natural and urban environments.

The Council has undertaken significant control works on road reserves throughout the municipality and the lake island areas for the past four years. Observations from contractors and Council officers suggest that control efforts are restricting spread of the weed and reducing the extent of infestations on roadsides.

BENALLA RURAL CITY COUNCIL 89 Agenda – Planning and Development Committee 17 August 2016

As there is no allocation for Chilean needle grass control in the 2015/16 budget, limited treatment will be included within the parameters of the RWPP.

Goulburn Broken Greenhouse Alliance The GBGA’s application to the Australian Governments Community Energy Efficiency Program for the Watts Working Better project was successful. The GBGA received $2.95 Million dollars to complete this $4.68 Million dollar project which involved changing 12,661 street lights to more energy efficient alternatives across the eight member councils and partner Rural City of Wangaratta.

The benefits to our community are measured both in terms of reduced greenhouse gas emissions and in reduced operating costs across the street light network. Across the nine councils, this project is expected to reduce energy use by 3,644,863 kWh per year, a saving of $782,921 per year.

All installations in Benalla have now been completed with a total of 766 lights replaced. The project has resulted in some underspent funds. A small portion of these funds is being used to replace the lighting along the Lake Benalla boardwalk with a more energy efficient alternative.

In addition to the light replacement, a series of Reduce Your Power Bill workshops were conducted throughout the region, including one which was delivered to Council staff in December 2015. A Watts Working Better Energy Efficiency In Schools Video Competition was run along with radio and television advertisements to promote the project.

In October 2015, the Watts Working Better Project was awarded the winner of the prestigious Premier’s Sustainability Award in the Built Environment category.

Victorian Adaptation and Sustainability Partnership Projects The Victorian Adaptation and Sustainability Partnership (VASP) is an established partnership between the State Government and Victoria’s 79 councils. The VASP helps the State Government and local governments work together on climate adaptation and environmental sustainability issues and builds on the former Victorian Local Sustainability Accord.

The Council was successful in three partnership applications to the 2013 VASP funding program as outlined below.

Climate-Smart Agricultural Development in the Goulburn Broken Partner councils in this project include Greater Shepparton City Council, Strathbogie Shire Council, Mansfield Shire Council, Murrindindi Shire Council and Moira Shire Council as lead. The Goulburn Broken Catchment Management Authority, Goulburn Broken Greenhouse Alliance and Dairy Australia are also partner organizations. This $267,000 project ($200,000 funded) will generate and communicate specific long-term data, information and strategic plans that enable local government and agribusinesses in the Goulburn-Broken region to adapt to climate change effectively.

The Project was officially launched in September 2014. Deakin University have

BENALLA RURAL CITY COUNCIL 90 Agenda – Planning and Development Committee 17 August 2016

been engaged to undertake the work and have commenced the commodity modeling. In order to improve the accuracy of the modeling, local experts in the agricultural industry were engaged to ground truth and fine tune the results. The modeling and implementation plan will be presented to Council officers in August for feedback. The project was expected to be completed by June 2016.

Resilient Community Facilities Partner councils in this project include City of Wodonga, Alpine Shire Council, Indigo Shire Council, Towong Shire Council and with Wangaratta Rural City Council as the lead council. This $260,000 project ($200,000 funded) will identify actions and works to improve the value of community facilities as a resource for communities adapting to climate change impacts. Guidelines developed with this experience will be used to build resilience into future projects. A project officer has been appointed through Wangaratta Rural City Council a consultant to develop an audit tool. A workshop was held with relevant council staff in November 2015 to ensure the tool is relevant and useful to all councils. The tool was trialed and refined and a report on each of the trial facilities was developed. Relevant staff have undertaken training with the tool and supporting material and information is being developed to finalise the project. The unspent funds are being used to implement some of the recommendation made by the audit tool. As a result, the lighting at the Benalla Indoor Recreation Centre will be upgraded using energy efficient alternatives. The project will be completed by September 2016.

Rec Less This project between Benalla Rural City Council and Alpine Shire Council will allow Council to assess, prioritise and identify new ways of managing open spaces so they are adaptable to climate change to continue to meet Council and community needs. It will consider aspects such as maintenance requirements, watering needs and source, shading and species selection. This will provide Council and the community with a clear understanding of how open spaces will be managed, particularly during prolonged drought and heatwaves. The total project cost is $100,000 ($80,000 funded). The review of community priority open spaces is complete and works are nearly completion on the plant species list and the design of the public spaces for demonstration purposes. Works are expected to be completed by October 2016.

Goulburn Broken Local Government Biodiversity Reference Group The Goulburn Broken Local Government Biodiversity Reference Group meets on a quarterly basis to discuss regional projects and native vegetation issues. Current issues of discussion are Victoria’s Native Vegetation Regulations Review and the Goulburn Broken native vegetation contribution scheme.

BENALLA RURAL CITY COUNCIL 91 Agenda – Planning and Development Committee 17 August 2016

COUNCIL PLAN 2013-2017 IMPLICATIONS

Our Natural Environment . Within our community our organisation is recognized as an environmental leader. . Community education facilitates a shift to a more sustainable future . A strategic and collaborative approach underpins the management of our water supply and resources. . Implement monitor and report back to the community on our progress in achieving actions identified in the Benalla Rural City Environment Strategy 2011-15 and Climate Change Adaptation Action Plan.

Recommendation:

That the report be noted.

BENALLA RURAL CITY COUNCIL 92 Agenda – Planning and Development Committee 17 August 2016

15. Facilities Department – activity report for the quarter ended 30 June 2016 E2088 Greg Robertson – Manager Facilities Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report details the activities of the Facilities Department for the quarter ended 30 June 2016.

DEPARTMENT PROFILE

The Facilities Department covers a broad range of functions which include:

Parks and Gardens The Parks Coordinator supervises a team of five field staff and also provides advice and support to the Council in relation to parks, gardens and open spaces. The responsibilities of the Parks and Gardens Unit include: . parks, gardens and open space maintenance . urban and rural township street tree and streetscape maintenance . management of the Benalla Botanical Gardens . management of Flood Mitigation Vegetation Clearance, Electrical Line Clearance, and Roadside and Intersection Slashing contract projects.

Facilities Management The Facilities Coordinator provides advice and support to the Council in relation to the ongoing maintenance and management of Council owned facilities. The functions of the Facilities Unit includes: . programmed maintenance and inspection of all Council facilities . management of the public facilities cleaning contract . management of the Benalla Aquatic Centre contract . management of the Benalla Airport and the Benalla Saleyards . administration and project management of grant funded capital works relating to facilities.

Recreation Facilities Management The Recreation Facilities Coordinator provides advice and support to the Council and the community in relation to the management of recreation reserves including maintenance management of built assets and sports surfaces, committee governance and grant funding. Support to the community is delivered by working closely with committees of management and includes active participation in the following committee meetings: . Churchill Recreation Reserve Committee of Management . Showgrounds Recreation Reserve Committee of Management

BENALLA RURAL CITY COUNCIL 93 Agenda – Planning and Development Committee 17 August 2016

. Benalla Gardens Oval Reserve Committee of Management . Racecourse Reserve Advisory Committee . United Friendlies Reserve Committee of Management . Benalla Indoor Recreation Centre Committee of Management . Goorambat Recreation Reserve Committee of Management.

Spatial Data Management The Geographical Information Systems (GIS) Coordinator provides advice and support to the Council in relation to spatial data management and maintenance of base spatial data such as; property numbering, land tenure and property boundaries. The functions of the GIS Unit includes: . corporate spatial data management including updating, archiving, auditing and customised desktop mapping solutions . project specific spatial data capture, management and reporting for both internal and external clients.

HIGHLIGHTS OF QUARTER

Activities undertaken by the Facilities Department during the quarter ended 30 June 2016 included:

Parks and gardens . Vandalism repairs, including graffiti removal at skate park, playgrounds and various public toilets . Top dressing of various urban nature strips, due to motorcycle wheel marks from postal delivery . Bridge Street, Benalla medium strip rose pruning . Completion of herbicide spraying program . Playground inspections and repairs . The Council, in partnership with the Alpine Shire continue to implement the RecLess open space project. Parks and Gardens staff are currently reporting on all parks and reserves . Attendance at various meetings, including the Benalla Riverine Parklands Advisory Committee and the Benalla Adventure Park Project Steering Committee . Awaiting award of quotation for completion of low and medium risk works in McConnan Street . Engagement of contractor to slash and spray the Hollands Bio-Link Channel.

Road reserves . Tendered contract for roadside slashing . General tidy up of trees in rural townships

BENALLA RURAL CITY COUNCIL 94 Agenda – Planning and Development Committee 17 August 2016

Trees . Installation of tree root barriers in Melrose Street, McIvor Street and Grubissa Court, Benalla . Urban roadside and rural township tree pruning undertaken . Removal of twelve trees that were causing issues, such as damage to underground utilities and public and private assets. All trees removed will are scheduled to replaced with trees more suited to an urban environment and are drought and disease resistant . Commencement of the annual street tree planting program. 97 trees will be planted by the end of the project . Sixteen new trees were planted along the entire length of Nixon Street, Benalla. The trees were planted on the side of the street away from powerlines. Zelkova serrata ‘Green Vase’ trees were chosen due to the suitability for an urban environment, hardy nature and high aesthetic value. The trees will eventually succeed the heavily pruned elms, growing under powerlines, on the opposite side of the street.

Benalla Botanical Gardens . Completion of works on the palm themed garden bed . Fertilising of turf and garden beds . Broadleaf spraying of turfed areas . Replacement planting and mulching of various garden beds . Engagement and supervision of a local volunteer for a month, working three days a week.

Benalla Saleyards . Repairs to guttering

Benalla Airport . Backflow prevention device was tested . Aerodrome Reporting Officer and Radio training completed . Completion of maintenance tasks, including herbicide spraying, drainage pit lid replacement and globe replacement . Preparations for installation of runway indicators . Commencement of hay production.

Town Hall . Ongoing treatment of the auditorium floors, including buff and polish, to ensure the surface is suitable to dance on . Heater and lift were serviced.

Customer Service Centre . Test and tag of all electrical equipment was undertaken. . Installation of a backup generator.

BENALLA RURAL CITY COUNCIL 95 Agenda – Planning and Development Committee 17 August 2016

Civic Centre . Gutters were cleaned . Installation of glass panel above the entry door.

Infrastructure Depot . Backflow prevention device tested . Replacement of the pump at the animal holding bay . Various repairs, including toilet door, lighting and roof.

Art Gallery . Lighting repairs and replacement . Backflow prevention device tested . Female toilet area painted in preparation for the Governors visit . Drainage grate in the Art Gallery workshop repaired.

Sir Edward “Weary” Dunlop Learning Centre . Toilet doors serviced due to being too heavy to open and close . Repairs to entry stair safety strips which had become loose due to failure of adhesive . Measurements taken in preparation for blind installation.

Churchill Reserve Committee of Management Facility Management . Council completed the tender process for the netball courts upgrade with only one submission received. The submission exceeded the available budget and will not be awarded. In consultation with the grant funding partner and the Committee of Management the project scope will be modified and the project retendered.

Governance . The Committee of Management are currently looking to revise user group fees and engaging mowing contractors to reduce operating costs.

Benalla Sports and Equestrian Centre Advisory Committee Facility Management . The Benalla Sports and Equestrian Centre Oval have formed a sub committee to oversee a project called Raise the Roof. The project aims to raise funds to construct a roofed area across the existing sand arena to increase use of the facility. The project is in line with the Recreation Strategic Plan recommendations for the site.

BENALLA RURAL CITY COUNCIL 96 Agenda – Planning and Development Committee 17 August 2016

Benalla Show Grounds Reserve Committee of Management Facility Management . The Benalla and District Junior Football League, Benalla Cricket Association, Benalla Bandits and Agricultural Society have formed a subcommittee to further investigate the feasibility of a proposed redevelopment of the old pavilions on the Arundel Street Oval. The project is known as the Arundel Street Oval Upgrade. An expression of interest was submitted relating to the installation of lighting on the Arundel Street Ovals in the recent 2017-2018 Community Sports Infrastructure Fund program. The project was endorsed to proceed to an application stage, however, the application has been withdrawn to focus on a larger project that will be shovel ready in mid-2017. . The Committee of Management contributed funds towards the construction of sheltered spectator areas for public amenity within the reserve. The frame for the area has been completed adjacent to the existing netball courts.

Governance . Junior football to renew user agreement and insurances. . Agricultural Society to renew user agreement and insurances. . Benalla Saints Football and Netball Club to renew user agreement and insurances. . Benalla Cricket Association to renew user agreement and insurances.

Benalla Gardens Oval Reserve Committee of Management Facility Management . The Council assisted the Committee of Management to engage contractor to paint the existing fence to improve the appearance of the existing chain mesh. These works have continued with approximately half the surrounding fence painted. . The Council is assisting the Committee of Management to progress a project to replace the existing wire mesh fence with a picket fence. Preliminary drawings and documentation have been forwarded to Heritage Victoria.

BENALLA RURAL CITY COUNCIL 97 Agenda – Planning and Development Committee 17 August 2016

Preliminary drawing of picket fence

United Friendlies Reserve Committee of Management Facility Management . The Committee of Management has completed the major refurbishment of the sewerage pump at a cost of approximately $5,000. This pump facilitates both the recreation reserve facilities and the Benalla Indoor Recreation Centre. . The Committee of Management in conjunction with the All Blacks Football and Netball Club are working to commence the construction of poles and netting behind the existing goal posts.

Benalla Indoor Recreation Centre Committee of Management Facility Management . The Council in conjunction with the Committee of Management are planning to undertake the installation of LED lighting on court three to improve safety and energy efficiency. Eight LED high bay lights will replace the need for approximately 50 fluorescent lights.

Goorambat Recreation Reserve Governance . A Committee of Management to be established. There is interest from the Tennis Club and Football Club, awaiting nominations of members.

BENALLA RURAL CITY COUNCIL 98 Agenda – Planning and Development Committee 17 August 2016

Other projects

Grants The Recreation Facilities Coordinator is assisting preparation of the following grant applications with community groups: . Churchill Recreation Reserve Committee of Management – upgrade of playing surface irrigation system and lighting. . Showgrounds Recreation Reserve Committee of Management – upgrade of cattle pavilions and improvement of facilities surrounding netball courts. . Gardens Oval Reserve Committee of Management – upgrade of existing fence. . Benalla Sports and Equestrian Centre Advisory Committee - upgrade of Roy Hill Pavilion and construction of an undercover arena. . United Friendlies Reserve Committee of Management – upgrade of netball courts and facilities.

Community programs - Valley Sport In accordance with action points within the 2015 Recreation Strategic Plan, the Council and Valley Sport have continued to meet local sporting clubs to provide assistance around governance, participation, club advocacy and grants. In the June quarter the Benalla and District Junior Cricket Club were involved in these activities.

The Recreational Facilities Coordinator also participated in one board meeting with Valley Sport during the quarter.

Spatial Data Management

Digital data – map base maintenance and updating The GIS is based around a core dataset of parcel and property layers, addresses, roads and aerial photography. Data layers are obtained from outside sources or created within the organisation. The GIS map base is maintained and updated regularly with new property numbers, addresses and roads which are synchronised with the property, rates and road register databases.

An agreement is in place with the Information Spatial Division of the Department of Environment, Land, Water and Planning (DELWP) for the Council to provide it with updates, referred to as an M1, for new or obsolete property numbers and addresses. The information is incorporated within the State mapping datasets and deemed to be the correct data for all tiers of government and other organisations to use e.g. emergency services, GPS navigation companies, Land Titles.

Aerial Photography Project - 2015/16 The Council is part of a consortium of North East Councils and interested Government departments who have worked with the DELWP Coordinated Imagery Program to obtain up-to-date aerial photography. The project has provided a significant cost saving to the Council.

BENALLA RURAL CITY COUNCIL 99 Agenda – Planning and Development Committee 17 August 2016

The urban and rural areas were captured in December 2015. The aerial photography has been processed and incorporated into the Corporate GIS.

Corporate GIS viewer upgrade The current corporate GIS viewer software is built on older software technology that is no longer being developed and is set to be replaced with a web based mapping application. A review of the benefits and efficiencies to the organisation to upgrade the viewer was prepared and the upgrade will take place over the next twelve months.

Property Identifier Quality Audit 2016 Regular internal audits and maintenance is carried out and annually ISD match the Council property numbers and addresses to the state VicMap datasets and anomalies are advised back. The following table represents the 2016 audit results.

Comparison from VicMap database against No % Council property database Properties Property Number match 8044 98.16% Address match 8050 98.23%

GIS Projects and mapping support . Provide updated land owner names and addresses to the Winton Wetlands Committee of Management Incorporated for the bi-annual fox baiting mail out. . Mapped rural clients for the Community Services department to assist with planning their services. . Assisting the Rural Access Worker and other key staff to identify accessibility, mobility and disability parking sites within Benalla township for inclusion into the Benalla Mobility and Access map. . Advised the Benalla Ensign of new street names for updating the 2016 Benalla Tear Off map. . Provided mapping assistance and training.

STATISTICAL DATA

The below table outlines the works received through the Customer Request Management System for Parks and Gardens.

BENALLA RURAL CITY COUNCIL 100 Agenda – Planning and Development Committee 17 August 2016

Sep Dec Mar Jun Task 2015 2015 2016 2016 Airport - 1 1 1 Fallen trees over road - 3 6 0 Lake Benalla - - - 2 Litter - - 1 0 Leaf collection and branches - 3 0 0 Medium and roundabouts 6 5 10 3 Nature strip repairs 20 37 42 21 Noxious weeds 2 0 2 0 Parks and reserves 13 6 15 5 Playgrounds 2 0 0 3 Roadside vegetation issues 2 1 1 1 Saleyards 1 1 1 1 Street furniture 3 4 11 7 Street lighting - - - 0 Toilets 2 2 3 0 Tree shrub management 14 56 31 18 Tree shrub and vegetation 36 69 85 44 Vandalism 4 0 2 2 Vegetation site clearance 2 14 13 0

The below table outlines the works received through the Customer Request Management System for Council properties.

Jun Task 2016 New works – open 0 New works – closed 2 Repairs and Maintenance – open 6 Repairs and Maintenance – closed 26 Vandalism – open 1 Vandalism - closed 0

Sep Dec Mar Jun Task 2015 2015 2016 2016 M1s forwarded to the Spatial Information Division of DELW Planning to update the State mapping datasets with new 57 185 93 136 addresses and Council Property Numbers and rectify anomalies. Maintenance and auditing parcels on 77 245 146 169 mapbase.

RECREATION FACILITIES

BENALLA RURAL CITY COUNCIL 101 Agenda – Planning and Development Committee 17 August 2016

The table below outlines the number of recreation reserve site inspections and governance reports completed for the June 2016 quarter.

Sep Dec Mar June Location 2015 2015 2016 2016 Churchill Recreation Reserve 2 1 1 1 Benalla Showgrounds Recreation Reserve 2 1 1 1 Benalla Gardens Oval Reserve 1 1 1 1 Benalla Sports and Equestrian Centre 2 1 1 1 United Friendlies Reserve 2 1 1 1 Benalla Indoor Recreation Centre 1 1 1 1 Goorambat Recreation Reserve 0 1 1 1

The table below presents the number of recreation reserve Committee of Management meetings attended by the Recreation Facilities Coordinator for the June 2016 quarter.

Sep Dec Mar June Location 2015 2015 2016 2016 Churchill Recreation Reserve 2 2 2 2 Benalla Showgrounds Recreation Reserve 2 1 1 1 Benalla Gardens Oval Reserve 0 0 1 1 Benalla Sports and Equestrian Centre 2 2 1 1 United Friendlies Reserve 1 1 2 2 Benalla Indoor Recreation Centre 0 1 1 1 Goorambat Recreation Reserve 0 0 0 0

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces . Community infrastructure is maintained in accordance with best practice asset management principles including roads, bridges, drains, footpaths, buildings and facilities. . Improvements to restore the health, amenity and usability of Lake Benalla and the foreshore environment are planned and implemented in partnership with others. . Recreation and open space developments across our Rural City are planned and prioritised to maximise the health and enjoyment of our community.

BENALLA RURAL CITY COUNCIL 102 Agenda – Planning and Development Committee 17 August 2016

Our Organisation . We are compliant with our legislative and risk management responsibilities and accountable to our community.

Recommendation:

That the report be noted.

BENALLA RURAL CITY COUNCIL 103 Agenda – Planning and Development Committee 17 August 2016

16. Infrastructure Department – activity report for the quarter ended 30 June 2016 Bryan Campbell - Manager Infrastructure Veronica Schilling - General Manager Development and Environment

PURPOSE OF REPORT

The report outlines the activities of the Infrastructure Department for the quarter ended 30 June 2016.

DEPARTMENT PROFILE

The Infrastructure Department delivers three key functions:

Operations . Delivery of maintenance services to meet responsibilities under the Road Management Act. . Provide timely resolution to customer and Councillor requests. . Coordinate staff and resources to respond to emergency situations and play a key role in the administration of claims under the Natural Disaster Financial Assistance funding.

Asset Management . Deliver best practice Asset Management, in accordance with the MAV STEP Guidelines in order to provide levels of service in a cost effective and sustainable way. . Maintain a register of Infrastructure Assets. . Prepared and submitted to the MAV the National Asset Management Assessment Framework (NAMAF) audit on both core and advanced asset management competencies. . Completed and submitted to the MAV the Asset Renewal Liability audit which assesses the renewal liability for council based on asset condition and budget allocation

Engineering . Delivery of civil engineering reports that analyse the Council and community developments. . Delivery of the capital projects identified in the Council’s Capital Projects Program. . Administer requests for engineering referrals and consents to Work Within Road Reserves. . National Heavy Vehicle Regulator (NHVR) written consents.

BENALLA RURAL CITY COUNCIL 104 Agenda – Planning and Development Committee 17 August 2016

HIGHLIGHTS FOR THE QUARTER

Operations Significant works for the quarter ending 30 June 2016 included: . Cleaning of kerb and channel by the street sweeper . Draining cleaning, including Boger Street, Benalla . Autumn leave pickup with assistance for the cleaning of kerb and channel in the CBD by the hiring of a street sweeper . Gravel patching undertaken on unsealed roads network with minor surface treatment work completed on Coach Road, Winton and Bowcher Road, Chesney Vale . Footpath repairs carried out in Devenish township . Disability access improvement works in Crammond Street after consultation with an assessment officer from Benalla Health . Bridge abutment repair works completed on Improvements for disability Swanpool Road bridge, Swanpool access in Crammond Street . Vegetation carriageway clearance works completed on Devenish Wangaratta Road, Thoona, Lake Mokoan Road, Chesney Vale, Embling Road, Lurg and Goomalibee Road Goomalibee.

Asset Management . Capital Projects Plan reporting to state and federal agencies . Completed carry forward status for Capital Projects . Attended RMIT session on Capital Asset Management System (CAMS) software . Presented MAV STEP program assessment at the National Local Government Asset and Infrastructure Conference held in Melbourne on 8 and 9 June 2016.

Engineering . Delivery of capital projects are outlined in the Capital Project Program report.

BENALLA RURAL CITY COUNCIL 105 Agenda – Planning and Development Committee 17 August 2016

STATISTICAL DATA

The table outlines requests for works received through the Asset Asyst program of inspection and Customer Request Management System.

Task Sep 2015 Dec 2015 Mar 2016 Jun 2016 Defects Overdue on Roads and Drains Safety Only Link Roads 22 28 45 33 Collector Roads 27 36 81 20 Access Roads 27 41 82 39 Defects overdue on footpaths 28 29 24 31 Defects rectified Routine maintenance and 315 415 534 319 safety Defects and maintenance 163 184 374 119 items outstanding Customer Requests 442 254 304 268 completed Customer requests 2 1 6 2 outstanding Unsealed roads graded 117 km 176.6 km 108.8 km 107 km Sealed road shoulders 0 32 km 93 km 25 km graded After hours call outs 16 61 93 58

Task Sep 2015 Dec 2015 Mar 2016 Jun 2016 Road Inspections Night West West A & B Urban A & audits A&B, Urban, A C and Urban and C Link West A & Fire C&D and and C Limk, affected East A&B Collector Collector areas of Limited and Stewarton Access East A&B Access and Link and Boweya Urban Collector Urban B & A,B,C and D Link, East Link, D Link & Urban A&D Collector Collector Collector Link and and & Access Collector Access West A&B West A & and East Fire B and A&B Link affected Urban A & and area of C Link and Collector Boweya Collector Fire affected areas of Stewarton

BENALLA RURAL CITY COUNCIL 106 Agenda – Planning and Development Committee 17 August 2016

Footpath Inspections CBD High Use West Major Footpaths footpaths Access and High Use CBD and East High Use Fireplug Inspections Urban B Urban C Urban D Urban A and rural Bridge Inspections Level 1 Task Sep 2015 Dec 2015 June Mar 2016 2016 Engineering referrals 11 12 14 21 Statement of Compliance 16 14 16 9 Works within Road Reserves 15 11 14 13 Rural Road numbers issued 7 13 15 9 Legal Points of Discharge 6 20 17 17 NHV Road Manager Written 11 25 14 27 Consents Dial Before You Dig enquiries 153 186 165 145

ROAD, FOOTPATH, FIRE PLUG AND BRIDGE INSPECTION INTERVALS

The inspection table shows that the road and footpath networks are split into four categories each. These inspections are carried out in line with the Road Management Plan and Footpath Management Requirements as tabled below.

Inspection Interval Task (months) Link Roads 3 Collector Roads 3 Access Roads 6 Limited Access Roads 12 Inspection Interval Task (months) CBD Paths 6 High Use Paths 9 Major Access Paths 12 Access Paths 24

Fire Plug inspections are carried out six monthly in all areas.

Level 1 Bridge inspections are carried out six monthly. Level 2 Bridge inspections are carried out by a qualified Bridge Inspector. All Council bridges have Level 2 Bridge inspections carried out as part of a rolling program, with a third of bridges inspected each year.

BENALLA RURAL CITY COUNCIL 107 Agenda – Planning and Development Committee 17 August 2016

Budget Variance Actual Function Forecast (unfav) Comment $‘000 $‘000 $’000 Grants Income (731) (731) 0 Infrastructure Support 982 935 (47) Net Cost Sealed Roads 436 189 (247) Unsealed Roads 876 547 (329) Roadsides 472 288 (184) Drainage 296 276 (20) Street Cleaning 50 55 5 Operation Support and Infrastructure 6 3 3 Improvements Bridge Maintenance 52 59 7 Mechanics Workshop 65 87 22 Plant Operations Net (284) 411 695 Cost Infrastructure Total 2,220 2,119 (95)

The sealed roads budget has a negative actual expenditure compared budget forecast and this can be contributed to wet weather and the network requiring additional attention.

The unsealed roads budget has a negative actual expenditure compared to budget forecast. The unsealed road network, maintained to the service standard as set out in the Road Management Plan 2013 – 2017, cannot be sustained with the current budget. Some of the overrun can be contributed to wet weather and the hiring of a replacement grader when breakdowns occur.

The roadside budget has a negative actual expenditure when compared to the budget forecast and this can be contributed to the wet and windy weather. This has meant there has been a large number of trees requiring attention and vegetation canopy clearance works have also been required.

The drainage budget has a negative actual expenditure compared to the budget forecast and this can be contributed to the wet weather and the drainage network requiring additional attention.

BENALLA RURAL CITY COUNCIL 108 Agenda – Planning and Development Committee 17 August 2016

COUNCIL PLAN 2013-2017 IMPLICATIONS

. Community infrastructure and services in rural areas are planned and provided on the basis of a strategy developed in conjunction with local residents.

Our Natural Environment . Drainage and flood mitigation strategies are developed for our Rural City.

Our Organisation . We are compliant with our legislative and risk management responsibilities and accountable to our community.

Recommendation:

That the report be noted.

BENALLA RURAL CITY COUNCIL 109 Agenda – Planning and Development Committee 17 August 2016

17. Waste Management– activity report for the quarter ended 30 June 2016 E261 Sean Ginnivan – Waste and Facilities Coordinator Veronica Schilling – General Manager Development & Environment

PURPOSE OF REPORT

The report details the activities of the Waste Management Unit for the quarter ended 30 June 2016.

BACKGROUND

The Waste and Facilities Coordinator provides advice and support to the Council in relation to the strategic and regulatory management of the Landfill Resource and Recovery Centre. The Unit’s function covers: . Strategic planning for the ongoing operation and rehabilitation of the Benalla Landfill Resource and Recovery Centre . Operational management of the landfill and its staff . Compliance with the terms and conditions of the Environmental Protection Authority Waste licence and liaison the Environmental Protection Authority . Coordination of various contractor engagements to undertake scheduled environmental monitoring of ground water and gasses at the facility . Management of the kerbside and street bin waste, recycle and organics contracts. During this quarter the role was filled by temporary staff.

DISCUSSION

Below are the highlights of the Waste Management Unit over the last quarter. The Waste Management Unit includes two separate areas, Waste Management and Landfill.

Waste Management . The Unit has had a change in staff following the restructure with Sean Ginnivan taking up the role of the Waste and Facilities Coordinator and Dan O’Brien taking on the role of Waste Management Officer from 1 July 2016. . The first 12 months of the new organics collection was completed. . Contract meetings were held with Cleanaway Transpacific, VATMI Endeavour and Western Composting.

BENALLA RURAL CITY COUNCIL 110 Agenda – Planning and Development Committee 17 August 2016

Garbage, Recycling and Street Bin Collection

Cleanaway provides municipal waste, recycling, organics and street litter bin collection. The following graphs present activity for the quarter compared to the same quarter last financial year.

400

350

300

250

200 Waste Recycling 150 Organics Tonnage 100

0 Mar Apri Ma Jun Mar Apri Ma Jun Jul Aug Sep Oct Nov Dec Jan Feb Jul Aug Sep Oct Nov Dec Jan Feb ch l y e ch l y e 2014 2015 2016 Waste 305 278 294 364 278 357 288 270 267 319 255 250 185 166 146 126 137 188 167 161 180 166 169 160 Recycling 142 110 114 146 126 176 139 125 125 154 108 114 128 114 134 141 141 169 153 137 158 141 137 129 Organics 0 0 0 0 0 0 0 0 0 0 0 0 92 102 156 158 129 127 113 117 119 105 105 104

At the completion of the first year of the new collection service there have been some notable achievements: . The total amount of materials collected in all bins was 20tonnes lower than last year; . 61.5 per cent of all materials collected in the bins was reprocessed – this is the material in the recycling and organic bins; . 42 per cent of the material that would previously have gone to landfill was turned into compost to benefit the environment. This equals the equivalent reduction of 2,728.4 tonnes of greenhouse gas reduction or 23,595 tanks of petrol (see http://watchmywaste.com.au/food-waste-greenhouse-gas- calculator/)

BENALLA RURAL CITY COUNCIL 111 Agenda – Planning and Development Committee 17 August 2016

Benalla Landfill and Resource Recovery Centre

The Benalla Landfill and Resource Recovery Centre is a Council-owned facility providing municipal waste disposal and recycling facilities to the community.

The Centre is staffed and operated by the Council, under an EPA licence. The Landfill also receives municipal waste from Mansfield Shire Council, Strathbogie Shire Council, Mt Buller and Mt Stirling Alpine Resort and commercial waste.

The site opened on 6 June 2016 after three months of operating as a transfer station at the direction of EPA.

300.00

250.00

200.00

150.00 Tonnes 100.00

50.00

0.00 Apr-16 May-16 Jun-16 Apr-16 May-16 Jun-16 Commercial and Industrial 1.16 258.23 266.22 Municipal Waste 16.46 13.78 177.02 General Waste Vouchers 26.24 24.57 20.06 Green Waste Vouchers 28.8 17.64 21.46

The significant incoming commercial material in may whilst the site was closed comprised of 245.55 tonnes of clean fill and 1.34tonnes of commercial waste.

NEWRRG

The North East Waste and Resource Recovery Group board released it’s 10 year Implementation Plan this quarter, with Benalla’s consultation session being the most well attended. The North East Waste and Resource Recovery Group plan was the first to be released for public comment of the 8 regional groups.

The business plan for the 2016/17 year is also in development, with local government projects given preference.

BENALLA RURAL CITY COUNCIL 112 Agenda – Planning and Development Committee 17 August 2016

Council Plan 2013-2017 Implications

Our Natural Environment . Within our community our organisation is recognized as an environmental leader. . Community education facilitates a shift to a more sustainable future. . Our waste management and minimisation services are efficient and reflect best practice. Our Rural City is important in the region, providing opportunities for modern waste processing. . Increase the recovery of resources, minimise waste disposal to landfill and promote opportunities for new waste management facilities.

Our Organisation

. We are compliant with our legislative and risk management responsibilities and accountable to our community.

Recommendation:

That the report be noted and that a press release advising of the successful first year of the new household collection system be reported to the community.

BENALLA RURAL CITY COUNCIL 113 Agenda – Planning and Development Committee 17 August 2016

Confidential Business

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.

Recommendation:

That the meeting be closed to the public for the consideration of confidential business pursuant to Section 89(2) of the Local Government Act 1989.

BENALLA RURAL CITY COUNCIL 114

Agenda – Planning and Development Committee 17 August 2016

Reopening of meeting to the public

Recommendation:

That the meeting be reopened to the public.

Closure of meeting

BENALLA RURAL CITY COUNCIL 128