Bass Coast Shire Council Minutes for Ordinary Meeting Wednesday, 22 June 2016 Council Chamber, Bass Coast Civic Centre, Baillieu Street East, Wonthaggi 5.00pm

1. These minutes are due to be confirmed on 20 July 2016 2. Any decision included in these minutes is subject to change resulting from a rescission motion passed by Council.

Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

TABLE OF CONTENTS

A Present and Apologies ...... 4 B Declarations of Interest ...... 5 C Confirmation of Minutes...... 6 C.1 Ordinary Meeting held on 18 May 2016 ...... 6 D Public Question Time ...... 7 D.1 Stephen Platt, Hampton - H.2 150184 Dwelling over seven metres and vegetation removal at 62 Waikiki Crescent, Smiths Beach...... 7 D.2 Don Preiss, Pakenham H.2 - 150184 Dwelling over seven metres and vegetation removal at 62 Waikiki Crescent, Smiths Beach...... 7 D.3 Les Larke, Wonthaggi H.1 - Adoption of 2016-2017 Budget ...... 8 D.4 Kevin Griffin, Wonthaggi H.1- Adoption of 2016-2017 Budget ...... 8 D.5 Kevin Griffin, Wonthaggi H.4 - Closure of the Inverloch Transfer Station ...... 9 D.6 Stephen Dean, Smiths Beach H.2 - 150184 Dwelling over seven metres and vegetation removal at 62 Waikiki Crescent, Smiths Beach ...... 10 D.7 Dom Brusamarello, Inverloch H.4 - Closure of the Inverloch Transfer Station ...... 12 D.8 Maurice Schinkel, Cowes H.15 - Review of Procurement Policy ...... 12 E Petitions, Joint Letters and Deputations ...... 13 F Notices of Motion ...... 15 F.1 159/16 - Previous Wonthaggi CFA building requirements to enable occupancy for a Youth Hub, Cr Jordan Crugnale ...... 15 F.2 160/16 - Proposed Federal Budget funding cuts to community radio stations broadcasting on digital, Cr Phil Wright ...... 17 G Mayor and Councillors Reports ...... 20 G.1 Mayoral Report - Cr Jordan Crugnale ...... 20 G.2 Councillor Report - Cr Phil Wright ...... 21 G.3 Councillor Report - Cr Neil Rankine ...... 21 H Reports Requiring Council Decision ...... 23 H.1 Adoption of 2016-2017 Budget ...... 23 H.2 150184 - Dwelling over seven metres and vegetation removal at 62 Waikiki Crescent, Smiths Beach ...... 43 H.3 150371 - Buildings & Works for a Dwelling at a height of 7.5m above ground level - Lot 57 PS716641, 4 Homestead Mews, Cape Woolamai...... 61 H.4 Closure of the Inverloch Transfer Station ...... 73 H.5 Proposed amendments to the Constitution of Destination Gippsland Ltd...... 79 H.6 Cuttriss Street Activity Centre Toilet – Approval of the Design ...... 83 H.7 Graham Street Area, Wonthaggi Road and Drainage Upgrade Special Charge Scheme No. 42 - Finalisation of Costs ...... 91 H.8 Sunset Strip Road and Drainage Upgrade - Adoption of Concept Design ...... 101 H.9 The Esplanade, Sunderland Bay and Surf Beach Shared Path Alignment - Results of Community Consultation ...... 117 H.10 Adoption of Municipal Early Years Plan 2016-2020 ...... 129 H.11 Adoption of Disability Action Plan 2016-2020 ...... 132 H.12 Conclusion of Low Income Energy Saver Study ...... 134 Page 2 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.13 Newhaven Yacht Club extension of lease area and renewal of lease ...... 138 H.14 2016 Revaluation ...... 142 H.15 Review of Procurement Policy ...... 149 H.16 Review of Council's Instrument of Delegation to staff ...... 153 I Statutory Reports ...... 158 I.1 Development Services - Planning Permits issued under delegation for April 2016 ...... 158 I.2 Domestic Animal Management Advisory Committee ...... 163 I.3 Assembly of Councillors Report for May 2016 ...... 165 I.4 Contracts Awarded Report ...... 168 I.5 CEO's Report for June 2016 ...... 170 I.6 Quarter 3 Efficiency Report 2015/2016 ...... 172 J Urgent Business ...... 177 K Confirmation of Closed Minutes ...... 180 K.1 Minutes of Closed Ordinary Meeting held on 18 May 2016 ...... 180 L Notices of Motion Closed to the Public ...... 181 L.1 161/16 – Proposed Development ...... 181 M Reports Requiring Council Decision Closed to the Public ...... 182 M.1 Personnel Matters ...... 182

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Meeting commenced The meeting commenced at 4.59pm. Cr Le Serve was not in attendance at the commencement of the meeting.

Acknowledgement: Cr Rankine read the acknowledgement.

Cr Le Serve arrived at the meeting at 5.01pm

Statement: Cr Drew read the Councillor Statement.

A Present and Apologies

Councillors: Cr Jordan Crugnale, Townsend Ward (Mayor) Cr Bradley Drew, Anderson Ward (Deputy Mayor) Cr Neil Rankine, Hovell Ward Cr Andrew Phillips, Thompson Ward Cr Kimberley Brown, McHaffie Ward Cr Clare Le Serve, Leadbeater Ward (arrived at 5.01pm) Cr Phil Wright, Churchill Ward

Officers: Mr Paul Buckley, Chief Executive Officer Mr Mark Brady, General Manager Governance and Organisation Development Mr David Elder, General Manager Healthy Communities Ms Felicity Sist, General Manager Infrastructure Ms Deirdre Griepsma, Acting General Manager Sustainable Development and Growth Mrs Lee-Anne Harmer, Governance Officer Ms Sarah Male, Team Leader Community Health and Wellbeing Administration Ms Simone Short, Media Communications Officer Mr Jamie Thorley, Manager Development Services

Apologies: Ms Allison Jones, General Manager Sustainable Development and Growth

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B Declarations of Interest

There were no declarations of interest.

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C Confirmation of Minutes

C.1 Ordinary Meeting held on 18 May 2016

Council Decision Moved: Cr. Kimberley Brown / Seconded: Cr. Neil Rankine That the minutes of the Ordinary Meeting held on 18 May 2016 be confirmed. CARRIED UNANIMOUSLY

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D Public Question Time

D.1 Stephen Platt, Hampton - H.2 150184 Dwelling over seven metres and vegetation removal at 62 Waikiki Crescent, Smiths Beach 1. A report was prepared by Council’s planning personnel for the 29 April meeting of the Delegated Planning Committee. A number of people responded to that report pointing out numerous factual and other errors (quite apart from substantive planning law issues). That report was recalled before the meeting. The report for the 22 June Council meeting is identical to the report for the 29 April meeting. Is Council aware that the report before Council is the same as the report for the 29 April meeting and that it contains the same factual errors, and how can Council make any decision based on a report which contains so many serious errors? 2. Our key objections are that the proposed development is (a) far in excess of the 7m height limit and (b) three storeys in an area limited to two storeys. Does Council support developers being able to ignore relevant planning laws and build structures which are three storeys and are nearly 2 metres which (1) is in excess of and not compliant with either the clear language or the spirit of the local planning scheme (2) is in total disregard of the environmental sensitivities evidenced by the extra vegetation overlay that applies to this area and (3) would inappropriately overshadow and overlook 60 Waikiki Crescent. 1. Cr Crugnale responded that Council officers have reviewed this report on a number of occasions and are only aware of one point that required clarification and this was in relation to the street address of the property opposite the proposal. In the report this corner lot was incorrectly referenced as 63 Waikiki Crescent, when in fact it should be 63 Beachcomber Avenue. 2. Cr Crugnale further advised that many of the points raised are addressed either within the officer’s report, as part of the proposed building design or through appropriate conditions. Furthermore, the proposed building height is the primary reason the application is before Council tonight for consideration.

D.2 Don Preiss, Pakenham H.2 - 150184 Dwelling over seven metres and vegetation removal at 62 Waikiki Crescent, Smiths Beach 1. Why has Council taken over 280 statutory days to determine the proposal when the Planning and Environment Act 1987 stipulates that Council is to make a decision within 60 statutory days? 2. What evidence is Council relying upon to justify the proposed further setback of the 2nd floor by 2m and what resulting tangible difference does Council envisage? 1. Cr Crugnale responded that in this particular case, the Planning Officer and objectors raised concerns with the proposed development. Rather than make a decision on the plans at hand, it was decided that consultation with all parties would be undertaken in an attempt to resolve the issues. This process has resulted in a decision not being made within 60 days.

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Section 79 of the Planning and Environment Act 1987 together with the Planning and Environment Regulations 2015 make provision for a permit applicant to apply to the Victorian Civil and Administrative Tribunal (VCAT) after 60 days for a review of the failure of the responsible authority to grant a permit. It is understood that you as applicant, have applied to VCAT on these grounds and is the reason the application is before Council tonight for a position. 2. Cr Crugnale further advised that the planning report acknowledges that the dwelling is generally well designed and is suitably articulated and the colours and external finishes are suitable within the landscape with earthy tones, timber finishes and glazing. These aspects anchor the building into the landscape when viewed from the public realm. However, the proposed cantilevered portion at second floor level is considered too bulky when viewed from Waikiki Crescent. The adjoining properties have front setbacks of approximately 18 metres (60 Waikiki Crescent) and 10.4 metres (64 Waikiki Crescent), whereas the proposed development has a setback of 8 metres at the ground and first floor levels and the second floor cantilevered structure is setback 6.98 metres from the front boundary. The proposed setback of the second floor is prominently visible and distracts the open fabric at the sites frontage due to its encroachment. This visual bulk can be avoided by reducing the second floor by two metres from the front boundary.

D.3 Les Larke, Wonthaggi H.1 - Adoption of 2016-2017 Budget Cr Crugnale noted that Mr Larke was not present at the meeting and that his questions would be taken on notice and a written response provided to him.

D.4 Kevin Griffin, Wonthaggi H.1- Adoption of 2016-2017 Budget In regard to report H.1 Adoption of 2016-2017 Budget, will Council now advise the community as to the following: 1. Why the CEO failed to conclude a new Enterprise Agreement during the 2015- 2016 year for commencement on 1 October 2015 as was stated on page 14 of last year’s budget. 2. What is the current status of the Enterprise Agreement negotiations? 1. Mr Buckley responded that the previous agreement had a nominal expiry of 30 September 2015. Negotiations commenced prior to this date however were not concluded until recently. 2. Mr Buckley further advised that the Enterprise Agreement is at voting stage. Mr Griffin then asked for clarification regarding the specific pay percentage per annum and terms included in the proposed enterprise agreement. Mr Buckley advised the offer includes a 2.5% increase per annum for a three year term.

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D.5 Kevin Griffin, Wonthaggi H.4 - Closure of the Inverloch Transfer Station In regard to report H.4 Closure of the Inverloch Transfer Station, will Council now advise the community as to the following: a) Why Councils media release incorrectly stated that the Waste Management Strategy 2015-25 recommended the closure. b) Details on how Inverloch transfer station fails to meet best practice. c) Detail the costs of the upgrades identified in the report. d) Is the Wonthaggi transfer station operating at best practice? e) How many people attended the Inverloch public session for Waste Management Strategy 2015-25 held on 14 March 2015? f) How many people attending the Inverloch session responded that they would like to see the transfer station closed? g) Have any of the reported “unverified complaints” regarding odours and green waste mulching been substantiated by council? h) Provide details as to composition of the $185000 operating budget for the facility. i) Provide details about the reported current tenders and procurements involving Waste Services and Waste Facilities contracts that are to commence 1 September 2017. j) What might be the impacts on Wonthaggi when large and progressively increasing numbers of vehicles from Inverloch haul waste and garbage through the town centre enroute to the Wonthaggi transfer station? k) During Councils discussions with West Gippsland Catchment Management Authority about a plan to improve the river health of Screw Creek, what environmental impacts have been identified in regard to the encroachment of residential development in the vicinity of Screw Creek? l) What impacts might the encroaching residential development have on the Native Vegetation Offset Reserves to the south and west of the transfer station? m) What impacts might the encroaching residential development have on the former landfill site which now provides suitable habitat for nine rare and threatened species that have been seen on the site? n) How much will council spend developing a communications plan advising the community of the closure and options available for responsible waste disposal? Cr Crugnale responded that given there are 14 questions, each requiring a detailed response, they will be taken on notice and a written response provided. Cr Crugnale further advised that the matter will be discussed tonight, and that she will be moving a motion of deferral to enable further discussion with the community. Inclosing Cr Crugnale advised that if the motion is adopted, questions such as those raised would also be discussed.

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D.6 Stephen Dean, Smiths Beach H.2 - 150184 Dwelling over seven metres and vegetation removal at 62 Waikiki Crescent, Smiths Beach 1. YCW is the next bay west of Smiths Beach and is part of the Smiths Beach Estate. Should the councillors accept a planning recommendation based on views and siting from a Smith Beach perspective or YCW perspective? The proposal is highly visible from the foreshore and public open space areas in and around YCW which fails to meet Clauses 21.01-1 and Clause 15.01-1. Submitted drawings show that the site is only having a minimum excavation 1.2 m and the building will still be 8.5 m above natural ground level. The height of the development has not been limited or sought a design to minimise heights from natural ground level which fails to meet Clause 21.10-8.

2. YCW is predominantly a coastal resort with few permanent residents with the majority of residences being holiday houses. Planning is the control of urban development by a local government authority based on the views and requirements of the population. Are the views of the local residents being respected with the proposal of a 3 storey, 8.7 m high development? A notice was put up hidden by the bushes immediately after the school holidays for the required 2 weeks. Notices were sent to at least three neighbouring properties at least three days before the final date for objections. When neighbours were approached regarding the development they were surprised and signed a petition against this development.

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O = objectors. Unfortunately not all houses were occupied to obtain more signatures. Signatures collected over the long week end. 1. Cr Crugnale responded that the views from all areas are considered in the assessment of the proposal. When looking at the “photo-shopped” example that is provided, it does not provide a true example of the proposal and its context in the landscape. It is not considered to expose any additional built form that would exceed the character of the surrounding area. Clause 15.01-1 has been adequately addressed by the applicant and within the officer’s report. Clause 21.01-1 “Municipal Profile” is not considered applicable for assessment of the proposal as it merely states the locational context of where Bass Coast is in Victoria. Clause 21.09-4 (not 21.10-8) sets out the intent for desired built form outcomes within Smiths Beach, Sunderland Bay, Sunset Strip & Surf Beach. This is not a prescribed requirement for building design; however it is taken into consideration amongst other areas of the scheme when informing the officer’s recommendation. 2. Cr Crugnale further advised that the notification was undertaken in accordance with the requirements of the Planning and Environment Act 1987. The issue of correct notification was raised during the assessment of the proposal and was correctly addressed by the applicant. In relation to the proposed building height, this is the primary reason the application was triggered for assessment and is before Council for consideration tonight.

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D.7 Dom Brusamarello, Inverloch H.4 - Closure of the Inverloch Transfer Station The Inverloch Tourism Association believes that the Transfer Station provides an integral service to business, the residence of Inverloch & visitors alike & is extremely disappointed that the Association, Inverloch residence & community stakeholders were not consulted on the specific recommendation to close the Inverloch Transfer Station. Councils Community Engagement Policy states "The best decisions will be made if those affected by the outcome have had the appropriate opportunity to participate in the process". Why was a recommendation put forward for Council decision to Close the Inverloch Transfer Station without prior consultation occurring with Inverloch residents & ALL stakeholders as per Councils own Community Engagement Policy. Cr Crugnale advised Mr Brusamarello that his question had previously been responded to at the Community Engagement Session held 15 June 2016 and therefore no additional verbal response would be provided but that the question and response would be published in the minutes.

Council officers put forward the recommendation as: 1. It is consistent with the principles of the Waste Management Strategy. 2. It is considered by officers to be financially responsible; and 3. It is considered by officers to provide a much improved environmental outcome.

D.8 Maurice Schinkel, Cowes H.15 - Review of Procurement Policy Why is there no mention of consultants in the Council Procurement Policy? Cr Crugnale responded that the policy clearly states its application to all procurement activities of the Council therefore including the procurement of goods or services from contractors or consultants.

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E Petitions, Joint Letters and Deputations

There were no Petitions, Joint Letters or Deputations.

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Notices of Motion

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F Notices of Motion

F.1 159/16 - Previous Wonthaggi CFA building requirements to enable occupancy for a Youth Hub, Cr Jordan Crugnale

I, Cr Jordan Crugnale, hereby give notice that I intend to move a motion at the Ordinary Meeting on 22 June 2016, which reads as follows:

PREVIOUS WONTHAGGI CFA BUILDING REQUIREMENTS TO ENABLE OCCUPANCY FOR A YOUTH HUB

Motion That the Chief Executive Officer present a report to the 17 August 2016 Ordinary Council Meeting outlining the requirements and estimated (minimum) costings to bring the previous Wonthaggi CFA building located at 76 Watt Street Wonthaggi up to a standard that would enable it to be occupied for the purposes of a Youth Hub. Such report to address issues of compliance standards that would enable a certificate of occupancy to be issued, and include recommended priority actions, potential funding sources (internal and external) and potential opportunities for community/service groups to undertake some of the necessary works.

Background Council was approached by Dr Penny Mitchell and Ms Emma O’Neill, members of the Bass Coast community, to support a proposal for a Youth Hub in Wonthaggi. The name of the initiative is ‘YES’ – Youth Enterprise Space. A presentation on 30 March 2016 to Councillors requested input and advice on the draft proposal. The previous Wonthaggi CFA building located at 76 Watt Street Wonthaggi was highlighted as a potential site, is vacant and owned by Council. Councillors also provided contacts for organisations as potential partners/supporters, and outlined external funding opportunities available to further investigate. On 26 April 2016, the Mayor, Governance and Property Officers met the group and inspected the vacant Wonthaggi CFA building. The building is seen as a viable option that needs further investigation as to costings in order to progress. The YES Business Proposal includes a governance model. The South Gippsland and Bass Coast Local Learning & Employment Network (LLEN) would auspice YES, and various other organisations would join a consortium. These include Gippsland Primary Health Network, South Coast Primary Care Partnership, School-Focused Youth Service, Bass Coast Health and Wonthaggi Secondary College Satellite Victorian Certificate Applied Learning, among others. The vision of YES is to provide a dedicated, safe and welcoming physical space for young people and provide a variety of activities and programs including the arts, meals, social enterprises, supported referral, homework clubs, generalist youth workers and specialist mental health, drug and alcohol and family violence counselling.

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………………………………………….. Cr Jordan Crugnale, Townsend Ward Dated: 22 June 2016

Attachments There are no attachments for this report.

Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Neil Rankine That the Chief Executive Officer present a report to the 17 August 2016 Ordinary Council Meeting outlining the requirements and estimated (minimum) costings to bring the previous Wonthaggi CFA building located at 76 Watt Street Wonthaggi up to a standard that would enable it to be occupied for the purposes of a Youth Hub. Such report to address issues of compliance standards that would enable a certificate of occupancy to be issued, and include recommended priority actions, potential funding sources (internal and external) and potential opportunities for community/service groups to undertake some of the necessary works. CARRIED UNANIMOUSLY

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F.2 160/16 - Proposed Federal Budget funding cuts to community radio stations broadcasting on digital, Cr Phil Wright

I, Cr Phil Wright hereby give notice that I intend to move a motion at the Ordinary Meeting on 22 June 2016, which reads as follows:

PROPOSED FEDERAL BUDGET FUNDING CUTS TO COMMUNITY RADIO STATIONS BROADCASTING ON DIGITAL

Motion That Council 1. states a commitment for a diverse community and supports opportunity for all groups to have access to public broadcasting. 2. signs the Keep the Community in our Radio petition. 3. writes a letter asking the Federal Government to retain the current funding for digital radio transmissions for public radio in capital cities. The letter to be sent to; a. All candidates in the Federal electorates of Flinders and McMillan. b. Prime Minister of Australia the Hon Malcolm Turnbull MP, Leader of the Opposition the Hon Bill Shorten MP, and Leader of the Australian Greens Party Senator Richard Di Natale.

Background The Federal Budget contains cuts of $1.4 million per annum, funding that currently keeps community radio stations broadcasting on digital in five of Australia’s capital cities. Community radio’s standing alongside public and commercial broadcasters are at risk. There is an online petition to withdraw this action for the next federal government. The petition is addressed to Hon Malcolm Turnbull MP and Hon Bill Shorten MP and states: “As a supporter of community radio we are asking you to reinstate funding to keep community radio on digital if you win government. Community radio serves so many Australians; from radio reading for people with a print disability to programming in the different languages spoken across our country, to Indigenous broadcasters, faith based stations, regional stations and youth stations. Please don’t leave community radio behind.”

………………………………………….. Cr Phil Wright, Churchill Ward Dated: 22 June 2016

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Attachments There are no attachments for this report.

Council Decision Moved: Cr. Phil Wright / Seconded: Cr. Kimberley Brown That Council 1. states a commitment for a diverse community and supports opportunity for all groups to have access to public broadcasting. 2. signs the Keep the Community in our Radio petition. 3. writes a letter asking the Federal Government to retain the current funding for digital radio transmissions for public radio in capital cities. The letter to be sent to; a. All candidates in the Federal electorates of Flinders and McMillan. b. Prime Minister of Australia the Hon Malcolm Turnbull MP, Leader of the Opposition the Hon Bill Shorten MP, and Leader of the Australian Greens Party Senator Richard Di Natale. CARRIED

For Against Cr Brown Cr Crugnale Cr Drew Cr Le Serve Cr Phillips Cr Rankine Cr Wright

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Mayor and Councillors Reports

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G Mayor and Councillors Reports

G.1 Mayoral Report - Cr Jordan Crugnale Acknowledgement of the passing of John Murrell, Chief Executive Officer of the West Gippsland Regional Library Corporation On behalf of Councillors and Council I wish to acknowledge the phenomenal life’s work of our West Gippsland Regional Library Corporation CEO, John Murrell, who passed away peacefully following a battle with cancer. His 19 years of outstanding service to the corporation made up of the three member Councils - Baw Baw, South Gippsland and Bass Coast Shire Councils has resulted in significant and tangible community benefits for this region, the most recent being the success of the new Wonthaggi Principal Library and the input and future thinking design of the Library as part of the Cowes Cultural and Community Centre precinct. John was a trailblazer in profiling and broadening the meaning of library and a true advocate for state level greater recognition and funding for public libraries and push for innovation, through design and technology. His influence extending well beyond the shire boundaries being also on the Ministerial Advisory Committee. His celebration of life packed out the Cardinia Cultural Centre in Pakenham last Thursday, showing just how respected and loved he was. It would be most befitting to use his name somehow and somewhere in the new Cowes Library redevelopment. The John Murrell Reading room, as a suggestion, has a wonderful ring to it.

Cr Crugnale reported on the following meetings she attended: 26th May – South East Metro meeting in Dandenong with Federal Candidates 27th May – Gippsland Local Government Network meeting in Morwell with Federal Candidates 28th May – Regional Arts Victoria – Small Town Transformation Grants announcements with Minister Foley 30th May – Chief Executive Officer Malcolm Geier – Port of Hastings Development Authority 1st June – Harriet Shing MLC – Morwell 14th June – Inverloch Lions Club Changeover 16th June – West Gippsland Regional Library Corporation CEO - John Murrell memorial celebration – Cardinia Cultural Centre, Pakenham 18th June – Wonthaggi Fire Brigade Annual Dinner

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G.2 Councillor Report - Cr Phil Wright Cr Wright reported on the following meetings he attended: Victorian Local Governance Association meeting regarding digital management Phillip Island Football Club 70th birthday celebrations Smiths Beachcomber Association 40th anniversary celebrations

G.3 Councillor Report - Cr Neil Rankine Cr Rankine reported on the following meetings he attended: Saturday 11th June the Cape Paterson Surf Life Saving Club showcased the great work they have done on designing their replacement club rooms, and ran a consultation seeking ideas. Sunday 12th June the Wonthaggi Business Association market went ahead despite inclement weather. Rotary market was cancelled to avoid damage to Apex Reserve. There is a suggestion that the top half of McBride Ave could be used at these times. Monday 16th May, As Deputy Chair of the Peri-Urban group of councils met with Planning Minister Richard Wynne pointing out the need for small township character to be protected, and not have a one size fits all planning scheme. Friday 10th June had representatives of the Education Department’s New Assets team attend a Peri-Urban Group of Rural Councils meeting. Relevant discussions focussed on whether the State funding was for ‘increased capacity’ at the current Wonthaggi Secondary College site or at the identified Education Precinct site. Hopefully the Department is now clear that the latter is the only acceptable site.

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Reports Requiring Council Decision

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H Reports Requiring Council Decision

H.1 Adoption of 2016-2017 Budget

File No: CM16/367 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The author has no direct or indirect interests in relation to this report.

Summary This report is presented to Council in relation to the proposed 2016-2017 budget. Council is required to adopt a budget by 30 June of each year for the following financial year. Council has considered all submissions to the draft 2016-2017 budget including the hearing of submissions at a meeting held Wednesday 8 June 2016. The budget aligns with the revised Long Term Financial Plan and includes a significant refocusing of finances from the delivery of day to day programs and services to investing in the future of the Shire through renewal of its existing infrastructure base. In accordance with the Victorian Government’s “rate cap”, the proposed average rate increase is 2.5%.

Background The 2016-2017 budget is presented to the Council for formal adoption. It is prepared using the Local Government Victoria Model Budget template as a basis and includes:  An Executive summary;  An analysis of Council’s allocation of resources in support of it’s strategic objectives;  An analysis of Council’s budget financial statements;  Information on rates, borrowings and infrastructure;  Detailed financial and resourcing statements;  A detailed rates and charges model; and  A capital works program. The process undertaken for the adoption of the budget was as follows.  Present draft to Council (20 April)  Open for public submissions – 26 April (online and advertised in the local newspapers) Bass Coast Shire Council Page 23 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 Close submissions – 25 May  Submission hearings – Wednesday 8 June  Adopt final budget – 22 June 2016 The budget is based on the activities of Council planned for the 2016-2017 financial year. To remain flexible, it is important to recognise that changes may occur throughout the year as a result of Council making a determination to alter, reduce or increase the level of services provided or the works undertaken. Any additional unfunded programs, services and projects will be considered by Council post the adoption of the 2015-2016 Annual Report. Notwithstanding that there are no changes recommended to the 2016-2017 budget, where opportunities do arise outside of the normal budget processes, particularly from unexpected sources, such as the opportunity to redevelop the Cape Patterson Life Saving Club through a substantial state funded grant, Council is open to discussing options to support such projects.

Strategic Basis Council Plan Principles  Equity in the distribution of resources across the Shire.  Transparent evidence-based and inclusive decision making.  The provision and use of energy and resources will be promoted in an efficient and sustainable way. In addition to the key principles from the Council Plan, there are a number of strategic financial challenges that exist for Council. The 2016-2017 budget is the first created under the “fair go rates” or rate capping regime. Council has seized the opportunity to better understand the community’s needs and desires along with commencing a conversation about what it is that Council does, why does it exist and what can it do better. This venture is combined with the renewing existing assets, continuing to provide an appropriate range and level of services to a growing community, maintaining a sound financial position and addressing the need for new capital works. As part of establishing the attached 2016-2017 Budget, Council has revised its borrowing strategy, asset management, capital investment, discretionary and statutory reserves, capital works program, the range and level of services provided and the revenue-raising strategy. The long term financial plan comprises the following strategic objectives which are also reflected in the 2016-2017 Budget:  contain total spending on services at existing levels, with any increase in service levels to come from the delivery of efficiencies and/or a re- prioritisation of service funding  maintain a viable cash position, ensuring we remain financially sustainable in the long-term  achieve underlying operating surpluses  maintain debt levels below prudential guidelines

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 pursue grant funding for strategic capital initiatives from the state and federal government  responsible rate increases that will see us continue to be a low rating council, but allow us to meet community asset renewal needs. A significant emphasis has been placed on Bass Coast continuing to be a low rating Council that contains operating costs whilst increasing its commitment to maintaining, replacing and constructing new assets.

Finances All relevant information concerning the 2016-2017 budget has been included within the attached budget document, however a snapshot is provided below. To deliver the objectives within the Council Plan, funding is collected to deliver a range of services and to support a wide variety of asset types. The charts below provide a quick snapshot of where the funds come from and then how these funds are utilised at an organisational level.

As the graph illustrates, approximately 88% of Council’s revenue is derived from three (3) sources, rates, grants provided to deliver services and grants to provide capital activities. Revenue from rates has been capped at the declared rate cap of 2.5% in accordance with the Council decision of 16 March 2016.

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From an overall perspective Council is committed to ensuring that Bass Coast is financially sustainable. The 2016-2017 budget enables Council to meet its renewal requirements, increase the operating efficiency of Council (as evidenced by a nil increase in operating costs) and shift of rates from programs and services to capital (see below).

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Stakeholders Council must formally consider any submissions received, under the provisions of section 223 of the Local Government Act 1989. A public notice was placed in the local press inviting submissions on any proposal contained in the proposed budget, with the submission period closing on Wednesday 25 May 2016. A total of 349 submissions were received from the community, with 343 submissions concerned with the Shared Pathway along Surf Parade at Inverloch. No submissions were received after the submission period closed. A summary of all submissions with accompanying officer comments has been attached to this report. On Wednesday 8 June 2016, three (3) members of the community were in attendance to verbally support and present their submissions to Council. Council has then considered both the written submissions and the verbal presentations. In general, the key themes raised in the budget submissions are as follows.  More funds should be allocated towards capital programs; and  The level of expenditure on services, operations and employees is too high. A summary of the public submissions, along with officer comments is attached to this report. Along with the formal submissions there have been other consultation activities on the proposed 2016-2017 budget. These include:  Four (4) public Question & Answer forums. These forums were shared equally between Wonthaggi and Cowes with a total of five (5) people attending the forums. The focus of those that attended these sessions was: o How Council communicates with such a diverse community. o Understanding the service review program and the potential impacts of decisions stemming from service reviews. o Should we use consultants to support a smaller staff or have skilled in- house staff.  A Facebook – Question & Answer live forum. This medium proved to be comparatively well supported with 594 people viewing the various questions posed and the answers provided. Some of the key points or questions from the participants was: o What happens if future rate caps are below 2.5%? o Is there funding available for projects such as the Phillip Island Aquatic Centre, Phillip Island skate park, car parking at the Cape Woolamai CBD and the stairs at the Inverloch surf beach entry? o What are the main arts and infrastructure projects coming up? o Will there be changes to the rural rate differential or the land management rebate? From all sources, there was a comparatively high level of participation in the 2016- 2017 proposed budget consultation process, with 948 responses or participants.

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The formal submission period has then also been well supported with regular communication occurring between Council and community on Council’s future budget flowing from the Long Term Financial Plan and rate capping discussions held since December 2015 through to March 2016.

Statutory Requirements/Codes/Standards/Policies Statutory notices of the preparation of the proposed budget have appeared in the local press as required under section 129 of the Act. All information required to be made available to the public has been made available for inspection.

Officer’s Conclusion and Recommendation Having considered the submissions provided by the community, Council has developed a budget that establishes a principled approach to the future sustainability of the Bass Coast Shire. On balance, this budget continues to address the growing infrastructure renewal gap for the municipality in a responsible manner. Council has financed a significant element of this additional financial burden by reducing the cost of services, and as a result has responsibly maintained the increase in charges to residents to a reasonable level, whilst maintaining a similar long term borrowing profile. The 2016-2017 budget proposes to:  deliver a range of Council services and support community assets to the value of more than $76 million.  deliver a capital works program of $16 million.  maintain the operating costs of Council at the 2015-2016 level  Limit overall employee operating costs being contained to nil increase from the 2015-2016 budget.  provide the capacity to deliver new intergenerational assets and the capability to expand and upgrade assets to meet the demands of a growing community. Further, Council will continue to be a low rating and low spending Council, coupled with a continual review process for services provided by Council, seeking out efficiencies and assessing the appropriateness of services provided, Council will continue to plan for the future sustainability of the Bass Coast. The recommendation below has been prepared on the basis that no amendments to the budget will be made stemming from the consideration of submissions.

Recommendation That Council: 1. Having considered all submissions received, adopts the 2016-2017 Budget annexed to this resolution as Attachment 1 in accordance with Section 130 of the Local Government Act 1989 (the Act). 2. Authorises the Chief Executive Officer to: 2.1. Give public notice of this decision to adopt the 2016-2017 Budget, in accordance with Section 130(2) of the Act; Bass Coast Shire Council Page 28 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

2.2. Forward a copy of the adopted Budget to the Minister for Local Government, in accordance with Section 130(4) of the Act; 2.3. Make available a copy of the adopted Budget at the Wonthaggi, Cowes, Inverloch and Grantville Customer Service Centres for public inspection in accordance with section 130(9) of the Act; and 2.4. Thank persons making submissions to the budget in writing for their submission and advise them of the outcome of the budget decision. 3. Authorises the amount intended to be raised: 3.1. An amount of $51,456,782 (or such other amount as is lawfully levied as a consequence of this Recommendation being adopted), be declared as the amount which Council intends to raise by general rates and the annual service charge (described later in this Recommendation), which amount is calculated as follows:

General Rates $43,360,050 Annual Service (Garbage) Charge $ 8,096,732 $51,456,782 The declaration above excludes any supplementary rates or supplementary charges 4. Authorises a general rate be declared for the period commencing 1 July 2016 to 30 June 2017 and that: 4.1. It be declared that the general rate be raised by the application of differential rates. 4.2. A differential rate be respectively declared for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared: 4.2.1. Developed Land is any land which does not have the characteristics of: 4.2.1.1. Farm Land; 4.2.1.2. Vacant Land; or 4.2.1.3. Public Housing Land; and 4.2.1.4. on which a building is erected, which building is: 4.2.1.4.1. lawfully used primarily for residential, commercial or industrial purposes; and 4.2.1.4.2. designed for permanent occupation. 4.2.2. Vacant Land is any land which does not have the characteristics of: 4.2.2.1. Farm Land; 4.2.2.2. Developed Land; or 4.2.2.3. Public Housing Land.

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4.2.3. Farm Land is any land which is ‘farm land’ within the meaning of section 2(1) of the Valuation of Land Act 1960. 4.2.4. Public Housing Land is any land on which the following Ministry of Housing units are located at: 4.2.4.1. Units 1 to 30 inclusive, 55 Baillieu Street, Wonthaggi; 4.2.4.2. Units 1 to 47 inclusive, 52 – 62 Murray Street, Wonthaggi; 4.2.4.3. Units 1 to 19 inclusive, 1 Stewart Street, Inverloch; 4.2.4.4. Units 1 to 11 inclusive, 23 Wilson Street, Inverloch; and 4.2.4.5. Units 1 to 34 inclusive, Lions Court, Cowes. 4.3. Each differential rate will be determined by multiplying the Capital Improved Value of each rateable land (categorised by the characteristics described in paragraph 4. b. of this Recommendation) by the relevant cents in the dollar indicated in the following table: CATEGORY Cents in the dollar Developed Land 0. 37639 cents in the dollar of Capital Improved Value Farm Land 0. 30111 cents in the dollar of Capital Improved Value Vacant Land 0. 56459 cents in the dollar of Capital Improved Value Public Housing Land 0. 18819 cents in the dollar of Capital Improved Value 4.4. It be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that: 4.4.1. The respective objectives of each differential rate be those specified in the Schedule to this Recommendation; and 4.4.2. The respective types or classes of land which are subject to each differential rate be those defined in the Schedule to this Recommendation; and 4.4.3. The respective uses and levels of each differential rate in relation to those respective types or classes of land be those described in the Schedule to this Recommendation; and 4.4.4. The relevant: 4.4.4.1. uses of; 4.4.4.2. geographical locations of; 4.4.4.3. planning scheme zonings of; and

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4.4.4.4. types of buildings on the respective types or classes of land be those identified in the Schedule to this Recommendation. 4.5. Notwithstanding anything else contained in this Recommendation and in accordance with section 4(4) of the Cultural and Recreational Lands Act 1963, the amount of rates payable in respect of each rateable land to which that Act applies be determined by multiplying the Capital Improved Value of that rateable land by 0.22584 cents in the dollar. 5. Authorises the following Annual Service Charge: 5.1. An annual service charge be declared in respect of the 2016-2017 Financial Year. 5.1.1. The annual service charge of $327 per annum per tenement be declared for the collection and disposal of refuse. 5.1.2. An annual service charge of $143.40 per annum per tenement be declared for each additional general waste bin for the collection and disposal of refuse. 5.1.3. An annual service charge of $79.86 per annum per tenement be declared for each additional recycling waste bin for the collection and disposal of recyclable refuse. 5.1.4. The annual service charges be for each rateable land and non-rateable land (or part) in respect of which a service is provided and an annual service charge may be levied. 6. Declares that it be recorded that Council requires any person to pay interest at the maximum rate fixed under section 2 of the Penalty Interest Rates Act 1983 as the rate set out in accordance with section 172(2) of the Act on any amounts of rates and charges which: 6.1. that person is liable to pay; and 6.2. have not been paid by the date specified for their payment. 7. Authorises the Manager Finance and the Coordinator Revenue to levy and recover the general rates, municipal charge and annual service charges in accordance with the Act. 8. Notes that any additional unfunded programs, services and projects will be considered by Council post the adoption of the 2015-2016 Annual Report. 9. Authorises the Chief Executive Officer to undertake discussions with the Cape Patterson Surf Life Saving Club to discuss funding options to support the construction of the Life Saving Club at Cape Patterson. SCHEDULE DEVELOPED LAND The objective of this differential rate is to ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the –

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1. implementation of good governance and sound financial stewardship; and 2. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and 3. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and 4. provision of strategic and economic management, town planning and general support services; and 5. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of ratable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2016-2017 Financial Year. VACANT LAND The objective of this differential rate is to: - 1. encourage the development of land; and 2. ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – a. implementation of good governance and sound financial stewardship; and b. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and c. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and

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d. provision of strategic and economic management, town planning and general support services; and e. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of rateable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. FARM LAND The objective of this differential rate is to: - 1. identify land used for primary production; and 2. ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – a. implementation of good governance and sound financial stewardship; and b. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and c. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and d. provision of strategic and economic management, town planning and general support services; and e. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of rateable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council.

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The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2016-2017 Financial Year. PUBLIC HOUSING LAND The objective of this differential rate is to: - 1. encourage the continued provision of affordable housing; 2. give effect to agreements previously entered into with what is now the Office of Housing; and 3. ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – a. implementation of good governance and sound financial stewardship; and b. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and c. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and d. provision of strategic and economic management, town planning and general support services; and e. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of rateable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district.

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Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2016-2017 Financial Year.

Attachments

AT-1 2016-2017 Final Budget 55 Pages

AT-2 Summary of Submissions to 2016-2017 proposed budget 7 Pages

Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Bradley Drew That Council: 1. Having considered all submissions received, adopts the 2016-2017 Budget annexed to this resolution as Attachment 1 in accordance with Section 130 of the Local Government Act 1989 (the Act). 2. Authorises the Chief Executive Officer to: 2.1. Give public notice of this decision to adopt the 2016-2017 Budget, in accordance with Section 130(2) of the Act; 2.2. Forward a copy of the adopted Budget to the Minister for Local Government, in accordance with Section 130(4) of the Act; 2.3. Make available a copy of the adopted Budget at the Wonthaggi, Cowes, Inverloch and Grantville Customer Service Centres for public inspection in accordance with section 130(9) of the Act; and 2.4. Thank persons making submissions to the budget in writing for their submission and advise them of the outcome of the budget decision. 3. Authorises the amount intended to be raised: 3.1. An amount of $51,456,782 (or such other amount as is lawfully levied as a consequence of this Recommendation being adopted), be declared as the amount which Council intends to raise by general rates and the annual service charge (described later in this Recommendation), which amount is calculated as follows:

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General Rates $43,360,050 Annual Service (Garbage) Charge $ 8,096,732 $51,456,782 The declaration above excludes any supplementary rates or supplementary charges 4. Authorises a general rate be declared for the period commencing 1 July 2016 to 30 June 2017 and that: 4.1. It be declared that the general rate be raised by the application of differential rates. 4.2. A differential rate be respectively declared for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared: 4.2.1. Developed Land is any land which does not have the characteristics of: 4.2.1.1. Farm Land; 4.2.1.2. Vacant Land; or 4.2.1.3. Public Housing Land; and 4.2.1.4. on which a building is erected, which building is: 4.2.1.4.1. lawfully used primarily for residential, commercial or industrial purposes; and 4.2.1.4.2. designed for permanent occupation. 4.2.2. Vacant Land is any land which does not have the characteristics of: 4.2.2.1. Farm Land; 4.2.2.2. Developed Land; or 4.2.2.3. Public Housing Land. 4.2.3. Farm Land is any land which is ‘farm land’ within the meaning of section 2(1) of the Valuation of Land Act 1960. 4.2.4. Public Housing Land is any land on which the following Ministry of Housing units are located at: 4.2.4.1. Units 1 to 30 inclusive, 55 Baillieu Street, Wonthaggi; 4.2.4.2. Units 1 to 47 inclusive, 52 – 62 Murray Street, Wonthaggi; 4.2.4.3. Units 1 to 19 inclusive, 1 Stewart Street, Inverloch; 4.2.4.4. Units 1 to 11 inclusive, 23 Wilson Street, Inverloch; and 4.2.4.5. Units 1 to 34 inclusive, Lions Court, Cowes.

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4.3. Each differential rate will be determined by multiplying the Capital Improved Value of each rateable land (categorised by the characteristics described in paragraph 4. b. of this Recommendation) by the relevant cents in the dollar indicated in the following table:

CATEGORY Cents in the dollar

Developed Land 0. 37639 cents in the dollar of Capital Improved Value

Farm Land 0. 30111 cents in the dollar of Capital Improved Value

Vacant Land 0. 56459 cents in the dollar of Capital Improved Value

Public Housing Land 0. 18819 cents in the dollar of Capital Improved Value 4.4. It be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that: 4.4.1. The respective objectives of each differential rate be those specified in the Schedule to this Recommendation; and 4.4.2. The respective types or classes of land which are subject to each differential rate be those defined in the Schedule to this Recommendation; and 4.4.3. The respective uses and levels of each differential rate in relation to those respective types or classes of land be those described in the Schedule to this Recommendation; and 4.4.4. The relevant: 4.4.4.1. uses of; 4.4.4.2. geographical locations of; 4.4.4.3. planning scheme zonings of; and 4.4.4.4. types of buildings on the respective types or classes of land be those identified in the Schedule to this Recommendation. 4.5. Notwithstanding anything else contained in this Recommendation and in accordance with section 4(4) of the Cultural and Recreational Lands Act 1963, the amount of rates payable in respect of each rateable land to which that Act applies be determined by multiplying the Capital Improved Value of that rateable land by 0.22584 cents in the dollar. 5. Authorises the following Annual Service Charge: 5.1. An annual service charge be declared in respect of the 2016-2017 Financial Year.

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5.1.1. The annual service charge of $327 per annum per tenement be declared for the collection and disposal of refuse. 5.1.2. An annual service charge of $143.40 per annum per tenement be declared for each additional general waste bin for the collection and disposal of refuse. 5.1.3. An annual service charge of $79.86 per annum per tenement be declared for each additional recycling waste bin for the collection and disposal of recyclable refuse. 5.1.4. The annual service charges be for each rateable land and non-rateable land (or part) in respect of which a service is provided and an annual service charge may be levied. 6. Declares that it be recorded that Council requires any person to pay interest at the maximum rate fixed under section 2 of the Penalty Interest Rates Act 1983 as the rate set out in accordance with section 172(2) of the Act on any amounts of rates and charges which: 6.1. that person is liable to pay; and 6.2. have not been paid by the date specified for their payment. 7. Authorises the Manager Finance and the Coordinator Revenue to levy and recover the general rates, municipal charge and annual service charges in accordance with the Act. 8. Notes that any additional unfunded programs, services and projects (including Surf Parade path extension) will be considered by Council post the adoption of the 2015-2016 Annual Report. 9. Authorises the Chief Executive Officer to undertake discussions with the Cape Paterson Surf Life Saving Club to discuss project management and funding options to support the construction of the Life Saving Club at Cape Patterson.

SCHEDULE DEVELOPED LAND The objective of this differential rate is to ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – 1. implementation of good governance and sound financial stewardship; and 2. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and 3. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and 4. provision of strategic and economic management, town planning and general support services; and 5. promotion of cultural, heritage and tourism aspects of Council’s municipal district.

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The types and classes of ratable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2016-2017 Financial Year.

VACANT LAND The objective of this differential rate is to: - 1. encourage the development of land; and 2. ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – a. implementation of good governance and sound financial stewardship; and b. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and c. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and d. provision of strategic and economic management, town planning and general support services; and e. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of rateable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council.

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The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme.

FARM LAND The objective of this differential rate is to: - 1. identify land used for primary production; and 2. ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – a. implementation of good governance and sound financial stewardship; and b. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and c. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and d. provision of strategic and economic management, town planning and general support services; and e. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of rateable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning:

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The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2016-2017 Financial Year.

PUBLIC HOUSING LAND The objective of this differential rate is to: - 1. encourage the continued provision of affordable housing; 2. give effect to agreements previously entered into with what is now the Office of Housing; and 3. ensure that such land makes an equitable financial contribution to the cost of carrying out the functions of Council. Those functions include the – a. implementation of good governance and sound financial stewardship; and b. construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and c. development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and d. provision of strategic and economic management, town planning and general support services; and e. promotion of cultural, heritage and tourism aspects of Council’s municipal district. The types and classes of rateable land within this differential rate are those having the relevant characteristics described above. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme.

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Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2016-2017 Financial Year. CARRIED

For Against Cr Brown Cr Wright Cr Crugnale Cr Drew Cr Le Serve Cr Phillips Cr Rankine

Bass Coast Shire Council Page 42 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.2 150184 - Dwelling over seven metres and vegetation removal at 62 Waikiki Crescent, Smiths Beach

File No: CM16/256 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.

Application Details Use/Development Sought: Dwelling over seven metres and vegetation removal The Land: 62 Waikiki Crescent, Smith Beach Planning Scheme: Bass Coast Zoning: General Residential Zone 1 Overlays: Design Development Overlay 1 Vegetation Protection Overlay 2 Locality Plan: (refer attached)

Declaration The author has no direct or indirect interests in relation to this report.

Executive Summary This application is seeking approval for a dwelling over seven metres in height and vegetation removal. The application was not required to be referred to external authorities or agencies. The application was referred to Council’s Asset Management and Environment, who provided conditional consent, and to Parks & Gardens who consented to the proposal with no conditions. The application was advertised to adjoining property owners and occupiers; and a sign was placed on site. Three objections were received in response to the application which raised concerns in relation to visual bulk, excessive height, reduced setbacks, loss of amenity (overlooking, overshadowing and loss of sunlight), unacceptable precedent, non-compliance with Clause 21.10-8, visibility of dwelling from public realm and loss of shared views. The proposal has been considered in relation to the relevant planning provisions of the Bass Coast Planning Scheme and the concerns of objectors. The applicant has lodged with the Tribunal (VCAT) against Council’s failure to make a decision on the current application within the specified timeframe. Council is required to make a decision to take to VCAT as Council’s position regarding this application. An assessment has identified that the proposal accords with State Planning Policy and the Local Planning Policy Framework as it would create an appropriate development subject to conditions.

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The assessment concludes that the proposal is consistent with the planning requirements and is unlikely to cause material detriment to other properties. As such, it is recommended that the Council declares that its position would have been to approve (subject to conditions) the application.

Proposed Use & Development The application has been assessed on the following documents:  Architectural plan (one A1 sheet) with reference V15-001 Revision A dated 16 June 2015, prepared by ‘DX Architects’  Architectural plans (five A3 sheets) with reference V15-001 Revision B dated 2 February 2016, prepared by ‘DX Architects’  A sightline diagram (one A3 sheet)  An arboricultural Construction Impact Assessment dated 21 August 2015, prepared by Roger Greenwood  Photo montages of the subject site and surroundings (existing and proposed - two A3 sheets) The proposal is for a development of a dwelling over seven metres in height and vegetation removal with the following components:  Three storey detached dwelling with an overall height measuring 8.7 metres  Four bedrooms and two bathrooms at first floor level  Living with directly accessed deck at first floor level  Open plan kitchen, living and dining, and library at second floor level  Two, single carport at ground floor level  Removal of two trees from the land one tree from the street

Reason a Council Decision is required The Reason a Council decision is required includes:  Delegations require applications which attract five or more objections to be determined by Council. Three objections were received in total.  The application was called in by a Councillor.  Council is required to make a decision in relation to Council’s position on this application so as to inform the applicant and the Victorian Civil and Administrative Tribunal (VCAT). It is recommended that the application should be supported by Council, subject to conditions.

Background The site has no planning history of relevance to this application. No pre-application meetings have been held.

Subject Site The subject land is formally described as Lot 307 on LP58899.

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The subject site is located in the Smiths Beach settlement, the area is undulating and a majority of properties enjoy sea and or rural views. The allotment is located towards the intersection of Beachcomber Avenue and Waikiki Crescent, on the north-eastern side of Waikiki Crescent which topographically is almost the lowest point of the Crescent. It is not highly visible when viewed from the Smiths Beach foreshore, as well as other areas to the east and south. The land has approximately 21.79 metre street frontage to Waikiki Crescent along the south-western boundary and a total area of approximately 627 square metres. The site is characterised by a fall from the rear (east) of the site to the front (west) approximately 4 metres (9.75% slope). The subject site currently has a two storey free-standing weatherboard dwellings located at a setback of approximately 10.04 metres from the front title boundary with a single access to Waikiki Crescent. See Figure 1 below.

Figure 1 – Subject Site

Surrounds The surrounding area is largely characterised by two storey holiday houses, although there are some single storey dwellings. The area is heavily vegetated with trees sited along the boundaries. The main feature of the area is Smiths Beach. Smiths Beach is located between Sunderland Bay and Ventnor and is surrounded by farming zone land. It extends between Back Beach Road to the north and Smiths Beach to the south. Residential development is along a ridge top to the south continues to the east.

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In a more local context, the subject site adjoins: To the south-east  60 Waikiki Crescent is developed by a double storey detached brick dwelling with a balcony at the upper level across the front of the dwelling. The dwelling is setback approximately 18 metres from the front boundary and approximately 1.7 metres from the common boundary. To the north-west  64 Waikiki Crescent is developed by a double storey brick dwelling, which is located at a setback of approximately 10.4 metres from the front boundary. There is approximately a 2.8 metre setback from the adjoining/ common boundary. To the north-east  56 Waikiki Crescent is developed by a free-standing dwelling, fronting the south side to Waikiki Crescent. Private Open Space of this dwelling abuts the subject site. To the south-west  Waikiki Crescent. Beyond which are further residential developments, in particular a three storey dwelling is located at 63 Waikiki Crescent opposite the subject site.

Notice Notice of the application was required under Section 52 of the Planning and Environment Act 1987, as the Responsible Authority was not satisfied that the granting of the permit would not cause material detriment to any person. Public notification was undertaken by the applicant on 11 September 2015 and involved the following:  Forwarding a copy of the Notice by mail to the owners and occupiers of eight (8) adjoining properties.  Placing a sign on the land fronting Waikiki Crescent. Council received three (3) objections in response to the proposal.

Submissions The main concerns raised by the objectors were:  Visual bulk  Excessive height  Reduced setbacks  Loss of amenity (overlooking, overshadowing, loss of sunlight)  Unacceptable precedent  Non-compliance with Clause 21.10-8  Visibility of dwelling from public realm  Loss of shared views Bass Coast Shire Council Page 46 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Referrals External Referrals The application was not required to be referred to any external agencies. Internal Referrals The application was referred to the following Council Departments for comment: Asset Management Asset Management provided conditional consent for the proposed development. Sustainable Environment (Vegetation Management) Environment (Vegetation Management) provided conditional consent for the removal of trees. Parks & Gardens Parks & Gardens provided consent to the removal of a street tree.

Relevant Strategies State Planning Policy Framework Clause 11 Settlement “Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. Planning is to recognise the need for, and as far as practicable contribute towards:  A high standard of urban design and amenity. Clause 12.02-2 Environmental and Landscape Values - Appropriate Development of Coastal Areas Objective “To ensure development conserves, protects and seeks to enhance coastal biodiversity and ecological values.” Strategies “Ensure development is sensitively sited and designed and respects the character of coastal settlements.” Clause 12.04-2 Significant Environments and Landscapes - Landscapes Objective “To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments.” Strategies “Ensure sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality. Recognise the natural landscape for its aesthetic value and as a fully functioning system.”

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Clause 15 Built Environment and Heritage “Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. Creating quality built environments supports the social, cultural, economic and environmental wellbeing of our communities, cities and towns. Land use and development planning must support the development and maintenance of communities with adequate and safe physical and social environments for their residents, through the appropriate location of uses and development and quality of urban design. Planning should achieve high quality urban design and architecture that:  Contributes positively to local urban character and sense of place.  Reflects the particular characteristics, aspirations and cultural identity of the community.  Minimises detrimental impact on neighbouring properties.” Clause 15.01-1 Urban Environment - Urban Design Objective “To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.” Strategies  “Promote good urban design to make the environment more liveable and attractive.  Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.  Ensure sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality.” Local Planning Policy Framework Clause 21.05 – 1 Landscape and Built Form – Landscape Overview The coastal landscapes and hinterlands are highly valued by the community for their visual, environmental and cultural qualities, as well as being productive agricultural land. The landscapes in the Bass Coast Shire are also an important tourist feature. Many residents are attracted to this region by the rolling hills leading down to the coast. Building dwellings on ridgelines, to gain views over rural hills, to the water in the distance, has previously been a popular development trend. The municipality is host to several National Trust listed landscapes. The landscapes and views of the municipality need protection from inappropriate development. Bass Coast Shire’s rural and coastal setting, historic development patterns, and residential architecture, combine to give the municipality its unique appearance and character. The majority of new residential subdivision estates within the municipality occur on the periphery of existing urban centres and at the interface between urban and rural land. New residential subdivision design should be responsive to environmental issues and habitat values, and the maintenance and protection of viable agricultural land.

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Clause 21.05 – 2 Landscape and Built Form – Character Areas The coastal landscapes of the Bass Coast Shire are identified by six ecologically distinct Character Areas;  Westernport Lowlands;  Phillip Island Northern Coast;  Bunurong Coast and Hinterland;  Phillip Island Southern Coast;  Anderson Peninsula; and  Bass Hills. Table 1: Character Areas In addition to these character areas, specific coastal landscapes within the Shire have been determined to have either state or regional significance. These include the landscapes of:  The Phillip Island Western and Southern Coast – State Significance Development within these significant coastal spaces must respond appropriately to the landscape setting, maintain existing views and vistas and be subordinate to the natural, visual and environmental landscape character. Specific objectives and strategies have been developed to retain the Bass Coast landscape character for each of these character areas. Objectives and Strategies Objective 1 To ensure that development is subordinate to the natural, visual and environmental landscape character and significance. Strategy 1.1 Ensure that coastal related development responds appropriately to the landscape setting, character and desired future character directions. Strategy 1.2 Strongly discourage development that is unsympathetic to significant landscape areas. Strategy 1.5 Scale the height and form of new development at the coastal edge of settlements to be sensitive to surrounding development, the surrounding landform and the visual setting of the settlement, particularly when viewed from the foreshore. Objective 3 To protect locally significant views and vistas that contributes to the character of the coastal and coastal hinterland region. Strategy 3.1 Strongly discourage development from locating on hilltops and ridgelines. Strategy 3.2 Ensure that development does not impact on existing walking trails, and that it enhances views to and from these walking trails. Strategy 3.3 Protect scenic views in undeveloped landscape features along the coastline including views from public recreation areas, lookouts, and roads that abut, or terminate at the coast.

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Clause 21.05-4 Landscape and Built Form - Design and Built Form Overview It is important that the valued aspects of the municipality’s character are not lost through redevelopment. Where the built form character of an area is established and valued (and the area has not been identified for substantial change), new development should respect this character and add to the overall quality of the urban environment. In areas where built form change will be more substantial, high quality and site responsive design should add to the diversity of the built environment, enhance the sense of place and incorporate the principles of Environmentally Sensitive Design. The strategies and objectives outlined in this clause apply to all forms of development, including residential, commercial and industrial development. Housing, particularly in areas where there are increased housing densities, needs to respond to its context in terms of character, cultural heritage, natural features, surrounding landscape and climate. Objectives and Strategies Objective 1 To achieve a high standard of architecture and urban design for built form and public spaces throughout the municipality. Strategy 1.2 Design and site development to complement the context in which it sits. Strategy 1.3 Ensure the siting of buildings contributes positively to the public realm and respects the character of the area. Strategy 1.5 Development proposals should be assessed against the following requirements: - All roof elements, including plant, lift over-runs, and other building services should be absorbed within the overall building form, or included as part of overall roof design; - Visible service areas (and other utility requirements) of a building should be treated as an integral part of the overall design and fully screened from public areas; - All visible facades (including the rear and sides of buildings) should provide a positive contribution to public areas and interact with the public realm; - Long expanses of solid walls should be avoided; - Buildings should incorporate design elements and a variety of materials that create articulation and visual interest; - Development along main traffic routes should incorporate design elements that add visual interest to the front and rear of the buildings; - The built form and materials used for development should reflect the coastal setting and coastal architecture (where relevant). Clause 21.09-4 Low Growth Settlements - Smiths Beach, Sunderland Bay, Sunset Strip & Surf Beach The Smiths Beach, Sunderland Bay, Sunset Strip and Surf Beach Structure Plan establishes a clear direction for the future physical form of these estates in both a spatial sense as well as built form, in that it defines a town boundary for residential development.

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The strategy for these beach settlements is to maintain each estate as a separate entity with its own distinct identity and to increase the level of infrastructure to improve the living environment for these estates. Landscape and Built Form  Provide high quality residential development that is responsive to the opportunities and constraints of a site and character of the area;  Apply the design guidelines of the Phillip Island and San Remo Design Framework;  Limit building form to be a maximum of two storey in height (7 metres from natural ground level to top of wall and 8 metres from natural ground level to the ridgeline);  Reflect the context of the existing buildings on the street when determining setback requirements;  Encourage low front fences to open up the streetscape and allow for visual permeability.

Planning Scheme Requirements Zone Clause 32.08-1 General Residential Zone The proposed development does not trigger a planning permit under the General Residential Zone. Overlays Clause 43.02 Design and Development Overlay, Schedule 1 The Design and Development Overlay 1 triggers a planning permit for the proposed buildings and works. The Design and Development Overlay 1 relates to ‘residential areas near the coast’. Its specific design objectives to be achieved include:  To protect views from the coast to adjacent residential areas;  To protect views to the coast from adjacent residential areas;  To minimise the impact of development along the coastline;  To protect and enhance the visual amenity and landscape of the coastal area; and  To respond to the potential coastal impacts of climate change.

Clause 3.0 (Decision Guidelines) of the Design and Development Overlay 1 sets out the matters that must be considered before deciding an application. These include:  The siting and design of proposed development in response to Council's adopted Design and Siting Guidelines for Coastal Areas and Rural Hinterland 1999, and Siting and Design Guidelines for Structures on the Victorian Coast, Victorian Coastal Council 1998; and  The siting, colour and design of buildings.

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Reason Permit is Required Clause 43.02-2 of the Design and Development Overlay 1 states a planning permit is required for buildings and works, unless specifically exempted by the schedule. Clause 2.0 of Schedule 1 to the Design and Development Overlay 1 does not exempt the proposed building works from permit requirements because the proposed buildings and works will have a height greater than seven metres above ground level.

Officer’s Considerations State Planning Policy Framework Built Form Planning policy relating to the Built Environment and Heritage and Significant Environments and Landscapes encourages development to respond to its landscape, the valued built form and its cultural context. It also encourages high quality urban design and architecture which has a positive contribution to the local urban character and sense of place and reflects community aspirations. It is considered that in principle the application presents an improved outcome for the site, and is respectful of its landscape and the local area character. Planning policy recognises that the coastal landscapes are highly valued by the community and are an important tourist feature within the Shire. The proposed development is located along a popular stretch of Phillip Island’s southern coastline. The natural topography means that the subject site is almost located at the lowest point of Waikiki Crescent, near the intersection of Beachcomber Avenue and Waikiki Crescent, which naturally minimises the dominance of the development on that site. Further, the proposed development is reasonably stepped into the landscape with articulation and is surrounded by mature vegetation. In addition, the choice of external colours and finishes will closely blend with the vegetation and surroundings. The subject site slopes down from the rear to the front, and the proposed development takes advantage of this opportunity siting the carport on the ground level at the lower part of the site. The proposed setbacks from boundaries and articulation together with the trees sited right around are considered appropriate design response. The second storey and third storey components of the dwelling would result in a development that would be reasonably site responsive due to its recessive design (except the second floor portion to the front) approach respecting the local area. Impact on Surrounds Clause 15.01-1 relates to Urban Design. Importantly the clause sets out strategies which seek to promote good urban design and requires developments to respond to the context of the urban character, natural features and surrounding landscape. The proposed development meets the strategies of this Clause, as it closely blends with the natural qualities of the coastline, nestling within it with limited visibility from the foreshore and public open space areas in and around Smiths Beach.

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Urban Design and Amenity The architectural design of the dwelling is high quality, and positively contributes to the settlement of Smiths Beach. The urban design (subject to conditions) is sympathetic and responsive to the existing coastal character, natural features and amenity of the surrounding coastal landscape. In addition, the development will not impose on the public realm/ coastal landscape; will closely blend with surroundings of Smiths Beach. It will be not visible from the Smiths Beach shoreline and coastal (Crown Land) reserve. The development meets the objectives of Clause 12.02-2 Environmental and Landscape Values - Appropriate Development of Coastal Areas or the strategies of Clause 12.04-2 Significant Environments and Landscapes – Landscapes. The abovementioned Clauses make it very clear that the environmental and landscape values of this area are important considerations in the planning permit process. It states in terms of landscapes that it is important to protect landscapes that contribute to the character and identity of an area. The clauses set out strategies that seek to ensure sensitive landscape areas such as coastlines are protected and that new development does not detract from the natural quality. Built Form Clause 21.05-2 reaffirms the objective that the valued aspects of the municipality’s character are not lost through new development. It goes on to identify that housing development needs to respond to its context in terms of character, natural features, surrounding landscape etc. Each of the strategies seek to manage disturbance of any proposed development on the coastal landscape and to site development, such, that it is subservient to the values expressed in the policies. The objectives and strategies are quite clear in encouraging developments that are sited low on the inland slopes, out of the view-shed from key viewing corridors and settlements. The Future Character Directions for Smiths Beach seek to ensure that any development does not impact on this rural landscape and the dominant undeveloped character of the surrounding area is retained. In particular planning policy seeks to ensure the scale and form of new development at the coastal edge of settlement is to be sensitive to surrounding development, the surrounding landform and the visual setting of the settlement; particularly when viewed from the coastline and public realm. When viewed from a distance there is uniformity in the contour that urban development follows within the landscape. Whilst it is noticeable, the low scale and size of buildings it sympathetic to the surrounds. The proposed dwelling (subject to conditions) would mean that there will not be disruption to the flow of the ‘built form’ contour. This will not add to visual massing and will not result in a development that matches (subject to conditions) with the Character Area (Clauses 21.05-1, 21.05- 2, 21.05-4 and 21.09-4). Planning policy encourages that where the built form character of an area is established and valued, new development should respect this character and add to the overall quality of the urban environment. Residential development should respond to its context in terms character, natural features, surrounding landscape and climate. In this regard, the development (subject to conditions) is respectful of the low rise character of the area and undulating nature of the landform.

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The second storey and third storey components have been recessed to minimise the dominance of the development, and therefore it will not be highly visible when viewed from neighbouring and nearby properties and public realm. Local Area Impacts The proposed development complies with Clause 21.05 Landscape and Built Form as it sits on the lower part of Waikiki Crescent and makes use of the natural slope of the land (the carport is positioned to ground level at the lower part of the site) responding to site opportunities and the character of the area. The height of the proposed development has been limited as an acceptable design compromise to the surroundings. Design and Siting Guidelines for Coastal Areas and Rural Hinterland The decision guidelines at Clause 43.02 (Item No 3 of Schedule 1 of DDO1) have been considered. The proposal is consistent with the provisions of this Clause. The subject site almost sits at the lowest part of Waikiki Crescent and is already lower than many of its neighbours or dwellings nearby. Therefore its potential impact on the coastal environment and views enjoyed by the residents to Smiths Beach coastline and views to the land from the coastline is considered to be minimal. The building form has been designed to present a minimal view to the road with the dwelling developed at staggered form. The natural slope is from the rear to the front, which allows the dwelling to have the highest portion to the lower part of the site to enable view sharing for future developments in the surrounds. The dwelling has sufficient setbacks from all boundaries (except front) to retain the open feel of the area, consistent with the General Residential Zone and displays an acceptable level of architectural quality and the varied articulation across all facades of the dwelling that aids in minimising any visual impact except the second floor at the front (this is discussed below). The dwelling is well articulated and the colours and external finishes are suitable within the landscape with earthy tones, timber finishes and glazing. These aspects anchor the building into the landscape when viewed from the public realm. The overall visual scale and visual impact of the dwelling is generally considered appropriate within the coastal setting. Further, the profile of the development when viewed from Smiths Beach will not be an issue, however from Waikiki Crescent will be dominant due to the protruding format at the second floor level. It should be also noted that the adjoining properties are located at setbacks of approximately 18 metres (60 Waikiki Crescent) and 10.4 metres (64 Waikiki Crescent) from the front boundary, whereas the proposed development is at 8 metres at the ground and first floor levels. Although this is considered acceptable as the site is surrounded by vegetation, the second floor cantilevered structure at a setback of 6.98 metres from the front boundary, is prominently visible and distracts the open fabric at the front due to its encroachment. As such, a condition is required to ameliorate this position by reducing the second floor by two metres from the front boundary.

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Planning Scheme Requirements Vegetation A planning permit is triggered under the Vegetation Protection Overlay 2. An arborist report was submitted as part of the request for further information. The report identified three (3) trees to be removed including one (1) street tree. Council’s Parks Team has consented to the removal of street tree. Council’s Sustainable Environment Team -Vegetation Management has recommended that two trees to be removed from the site are conditioned to be replanted on the subject site. Built Form The proposed dwelling is over seven metres in height and may cause loss of amenity, however this cannot be assessed under Clause 54 of the Bass Coast Planning Scheme as the zoning does not trigger a planning permit due to the size of land exceeding more than 300 square metres. The proposed development does not impede shared views due to site’s location at lower part of that area. Response to Objectors Concerns A consultation meeting was held at the Council with the objectors, applicant, and planner, but no amicable solution has been reached. Visual bulk It is acknowledged that the proposed cantilevered portion at second floor level is considered bulky when viewed from Waikiki Crescent. However, the proposal is generally considered to be appropriately responsive and the impact on the surrounds could be avoided/ limited by reducing the second floor by two metres from the front boundary via a condition as described above. As such, it is considered that the development would be sympathetic to the area. Excessive height It is acknowledged that the proposed height is well above seven metres, however this is considered acceptable as the subject land is located at the lower part of the area as described above. Further, this development is not higher than the adjacent property located at 60 Waikiki Crescent and is almost the same as the development located at 63 Waikiki Crescent. Reduced setbacks It is recognised that the proposed setbacks do not comply with ResCode requirements; however Clause 54 is not a relevant planning consideration as the lot size exceeds 300 square metres. It is further considered that the reduced setbacks (except to the second floor) neither add bulk nor prominently visible from public realm. Loss of amenity (overlooking, overshadowing, loss of sunlight) It should be noted that Clause 54 is not a relevant planning consideration as the lot size exceeds 300 square metres.

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Unacceptable precedent The development is considered acceptable (subject to conditions) and would not dominate the area as described above, and therefore would not set a precedent as an unacceptable development in that area. Non-compliance with Clause 21.10-8 The objector’s concern re-Clause 21.10-8 is closely referred in the current Clause 21.09-4 Low Growth Settlements - Smiths Beach, Sunderland Bay, Sunset Strip and Surf Beach. The proposed dwelling (subject to conditions) will not disturb the existing fabric of the area as it goes with the flow of the ‘built form’ contour, and therefore would match with the Character Area. Visibility of dwelling from public realm Concerns raised in relation to the visibility of the proposed dwelling from the public realm are considered to be irrelevant and have been assessed extensively against the State and Local Planning Policy Frameworks and relevant Clauses of the Bass Coast Planning Scheme. Loss of shared views As previously discussed, the development is sited at the lower part of the area and the height of the development is lower than the adjacent property located at 60 Waikiki Crescent. As such, it is considered that the development would not worsen the loss of the shared views. Conclusion The application has been assessed on its merits against the planning scheme and it is considered that the proposed dwelling over seven metres in height and vegetation removal is supported by the Bass Coast Planning Scheme, including the State and Local Planning Policy Frameworks, the Municipal strategic Statement, General Residential Zone and the provisions of Clause 65. The application was not required to be externally referred however it was internally referred to Council’s Asset Management team and Environment team, who provided conditional consent, and to Parks who consented to the proposal with no conditions. The application underwent notification and as a result there were three objections received. These concerns have been considered in the assessment. Whilst the objectors’ concerns are acknowledged, the proposal is consistent with the relevant planning provisions. Furthermore as the proposal has now considered all those matters in Section 60 (1) of the Planning and Environment Act 1987, the proposal in its entirety and on this basis that it is recommended that the application be approved.

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Recommendation That in relation to planning permit application 150184 for a dwelling over seven metres and vegetation removal located at 62 Waikiki Crescent, Smiths Beach, the Council informs the Tribunal that if it had the power to determine the application it would have issued a Notice of Decision to grant a permit subject to the following conditions: Amended plans required for endorsement - General 1. Before the development commences, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application, but modified to show: a. reduction of 2 metres to the second floor from the front side. Layout not altered 2. The development including the materials and colours as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. Assets Management Conditions 3. Vehicle and pedestrian access and drainage to serve the subject land must be located, constructed and maintained for defects to the satisfaction of the Responsible Authority including the construction of a concrete driveway crossover or concrete entrance culvert in accordance with Council’s Standard Drawings. 4. Drainage of the subject land including connection to the existing underground drainage system must be to the satisfaction of the Responsible Authority including compliance with the Best Practice Management practices for Stormwater and the Bass Coast Shire Stormwater Management Plan (2003). 5. No buildings or works shall be constructed on any existing easement (including implied sewer, drainage, telephone, gas, power and water easement) or proposed easement without the further approval in writing of the Responsible Authority and/or the relevant service provider. Completion of works 6. The development hereby approved must not be occupied until: a. all redundant infrastructure associated with the development is removed, damaged infrastructure is replaced and the area reinstated to the satisfaction of the Responsible Authority; and b. all works required by the conditions of this permit have been completed to the satisfaction of the Responsible Authority.

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Amenity 7. The development must be managed during construction so that the amenity of the area is not detrimentally affected through the: a. transport of materials, goods or commodities to or from the land; b. appearance of any building, works or materials; c. emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, litter, dust, waste water, waste products, grit or oil; and d. presence of vermin or animals. 8. No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals, sediments, gross pollutants, animal waste or domestic waste shall be washed into, allowed to enter or discharged to the stormwater drainage system, receiving waters or surrounding land and road reserves, during the construction works hereby approved to the satisfaction of the Responsible Authority. Compliance with Arborist’s report 9. The removal and retention of vegetation must be in accordance with the Arborist’s report by Greenwood Consulting Pty Ltd, dated 21 August 2015. Vegetation Offset 10. Any vegetation removal associated with the development be replaced with 6 indigenous shrubs and/or groundcover species per 1 removed tree. Planning Permit Expiry 11. This permit will expire if one of the following circumstances applies: a. the development is not started within two years of the date of this permit; or b. the development is not completed within four years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six (6) months afterwards. Permit Notes: This planning permit does not incorporate the ‘Rescode’ requirements. This permit does not authorise the commencement of any building construction works. Before the development starts, the applicant will be required to apply for and obtain appropriate building approval including Reg 409 ‘report & consent’ for reduced front setback. Any plan approved under the Building Act and Regulations must not differ from the endorsed plan forming part of this Permit.

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Attachments AT- Locality Plan - 150184 1 Page 1

AT- Proposed Development Plans - Number 150184 6 Pages 2

AT- Existing Condition Plan V15-001 Revision A dated 16 June 2015 - 1 Page 3 150184

AT- Photo Montage existing Number 150184 1 Page 4

AT- Photo Montage Proposed Number 150184 1 Page 5

AT- Arboricultural Construction Impact Assessment for Number 150184 42 6 Pages

AT- CONFIDENTIAL - Submissions to Proposed Development - Number 22 7 150184 Pages

Council Decision Moved: Cr. Phil Wright / Seconded: Cr. Neil Rankine That in relation to planning permit application 150184 for a dwelling over seven metres and vegetation removal located at 62 Waikiki Crescent, Smiths Beach, the Council informs the Tribunal that if it had the power to determine the application it would have issued a Notice of Decision to refuse the permit subject to the following conditions: 1. The proposed development is contrary to Clause 12.02-1 (Environmental and Landscape Values – Coastal Areas – Protection of Coastal areas) because it does not enhance the value of the coastal area to the community or ensure sustainable use of natural coastal resources 2. The proposed development is contrary to Clause 12.02-2 (Environmental and Landscape Values – Coastal Areas – Appropriate development of coastal areas) because it is not sensitively designed; and it does not respect the character of this coastal settlement. 3. The proposal is contrary to Clause 21.05-1, Clause 21.05-2 and Clause 21.05-3 (Landscape and built form - landscape character areas – landscape objectives and strategies) because it is not subordinate to the natural, visual and environmental landscape character and significance identified for the Phillip Island Southern Coast Character Area. 4. The proposal is contrary to the design objectives specified in schedule 1, to the Design and Development Overlay in that the proposal:

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• Does not protect views from the coast to adjacent residential areas; • Does not protect views to the coast from adjacent residential areas; • Does not minimise the impact of development along the coast; and • Does not protect and enhance the visual amenity and landscape of the coastal area 5. The proposal is contrary to design objectives as applicable to Smiths Beach as set out in the Council’s adopted “Design and Siting Guidelines for Coastal Areas and Rural Hinterland 1999” CARRIED

For Against Cr Brown Cr Crugnale Cr Drew Cr Le Serve Cr Phillips Cr Rankine Cr Wright

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H.3 150371 - Buildings & Works for a Dwelling at a height of 7.5m above ground level - Lot 57 PS716641, 4 Homestead Mews, Cape Woolamai.

File No: CM16/366 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.

Application Details Use/Development Sought: Buildings and works The Land: 4 (Lot 57, PS716641) Homestead Mews, Cape Woolamai Planning Scheme: Bass Coast Planning Scheme Zoning: General Residential Zone Overlays: Design and Development Overlay, Schedule 1 Heritage Overlay, Schedule 180 Vegetation Protection Overlay, Schedule 2 Locality Plan: (refer attached)

Declaration The author has no direct or indirect interests in relation to this report.

Executive Summary This application proposes buildings and works associated with a dwelling that has a height greater than 7.0m above ground level, on land affected by the Design and Development Overlay, Schedule 1 (DDO1). The application was advertised and attracted 28 objections. The objector’s primary concerns were about the excessive height of the proposal and it not being appropriate in the coastal area. The other key concern was the precedent that this application could set. The merits of this application have been considered against relevant State and Local Planning Policy, design objectives and decision guidelines of the DDO1 and it is considered the proposed building height of 7.545m is appropriate at this particular location and will not have an adverse impact on the coastal landscape character. It is recommended that the Council resolve to approve this application.

Proposed Use & Development The application seeks approval for buildings and works associated with a dwelling on land affected by the Design and Development Overlay, Schedule 1.

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The architecturally designed home has been thoughtfully designed to accommodate the Owners requirements for living spaces, amenities, bedrooms, storage and garages. The design also ensures that the first floor level is set at a height to capture the available views from the site across Cleeland Bight and over the single storey 5.0m height controlled buildings footprint that lay between the subject site and the foreshore. Other features of the proposed design include, measures to improve the thermal and energy efficiency, complies with the requirements set out in the Woolamai House Design Guidelines and is wholly contained within the building envelope. The dwelling features a low pitched roof form and at its absolute highest point will achieve a height of 7.545 m above ground level. Overall, the proposed built form is consistent with other residential development in Cape Woolamai and typical of the built form that is anticipated in the new residential estate.

Reason a Council Decision is required This application attracted 28 objections; Council’s delegations require applications that attract more than five (5) objections to be determined by Council.

Background The subject land is commonly known as 4 Homestead Mews, Cape Woolamai but formally described as Lot 57 on Plan of Subdivision 716641 contained in Volume 09471 Folio 860. The site is an irregular shape and comprises a total area of 889 sqm. The site has a frontage of approximately 43 metres to Homestead Mews, which is a fully constructed common property driveway. The site is a vacant residential allotment devoid of vegetation and built form. The ground levels vary across the site with the highest point being in the north–west corner measuring 8.84 m AHD and the lowest point being 7.76m AHD at the south-east corner of the site. The site is not encumbered by any easements. All drainage and sewer infrastructure is located in the common property driveway. The site can be connected to reticulated water, sewer, electricity and telecommunications. Restrictive Covenants The site is burdened by five encumbrances, should Council resolve to issue this planning permit they can be certain that approval of this proposed development will not breach any of the encumbrances registered to title. Covenant PS716641T dated 11/03/2015 This covenant requires the proposed dwelling to be located within the designated building envelop, which it is. Therefore, the requirement of this covenant is satisfied. Covenant AL781899Q dated 27/03/2015 This covenant was placed on the site under the Transfer of Land Act 1958 and places a number of requirements about the development of the allotment, those relevant to this application include:  Any dwelling must have written approval stating it is designed in accordance with the Woolamai House Design Guidelines;  Must be only one dwelling; Bass Coast Shire Council Page 62 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 Must not be a relocatable dwelling;  Must have a 3000L water tank;  All plant and services normal to a dwelling must not be visible from the street frontage;  Must use the existing crossover;  Must landscape the site with certain plant species; and  Must not subdivide the land. The proposed development is compliant with this covenant. Furthermore, the development has written approval from ‘Lovell Chen – Architects & Heritage Consultants’ whom are responsible for administering the Woolamai House Design Guidelines. Notice Section 16 (2) Historic Building Act 1981 This is a notice that a historic building is situated upon land. This notice relates specifically to Woolamai House. Heritage Victoria has provided correspondence that they have determined that the proposed development will not negatively impact on the cultural heritage significance of the place and that a permit is not required pursuant to section 66 (3) of the Heritage Act 1995. Section 173 Agreement AL62158V dated 13/01/2015 Of the matters covenanted with the Owner, the only matter relevant to the subject site is the requirement to construct all buildings within the designated building envelope. As discussed above the proposed development complies with this. Section 173 Agreement AL621591S dated 13/01/2015 Of the matters covenanted, none of the matters specifically relate to the subject site. Permit History The site is not subject to any other planning permits. Surrounds Cape Woolamai is located on the south coast of Phillip Island. It is a small township primarily a holiday destination with a low proportion of permanent residents. Its main attraction is proximity to the coast and a number of popular surf beaches. A small retail precinct is located at the entrance to the town. Residential character varies although the detached nature of dwellings remains consistent. Dwellings in more established areas benefit from established vegetation and gardens whereas newer areas have less cover. Housing stock spans a variety of eras including traditional fibro ‘beach shacks’, infill development from the 70s and 80s as well as modern, architecturally designed dwellings. In those areas in proximity to the coast, or edge of the township, built form is consistently elevated to take advantage of views. The subject site is located within residential estate known as ‘Woolamai House’. The land immediately surrounding the site remains vacant. Notice Notice of the application was required under Section 52 of the Planning and Environment Act 1987, as the Responsible Authority was not satisfied that the granting of the permit would not cause material detriment to any person. Bass Coast Shire Council Page 63 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Public notification was undertaken by the applicant and involved the following:  Forwarding a copy of the Notice by mail to the owners and occupiers of 125 adjoining properties; and  Placing a sign on the site’s frontage.

Submissions In response to notification 28 objections were received. A summary of the objectors concerns include:  The design and development overlay, Schedule 1 restricts height of all development to 7.0 m from ground level  If approved this development will set a precedent for all future development in the estate  Contravenes the Woolamai House Design Guidelines  Excessive height will detract from valued coastal area  Detract from the heritage listed property  Overlooking, Overshadowing  Prevent the sale of the neighbouring unsold allotments  Devalues property  Light pollution affecting Short-tailed Shearwaters  Compliance with Fire Restrictions  Compliance with Australian Height Datum given proximity to coast  Loss of views

Referrals External The application was not required to be referred pursuant to Section 55 of the Planning and Environment Act 1987. It is noted that the pursuant to Clause 66.06 of the Bass Coast Planning Scheme the external notification provision to the Department of Land Environment Water and Planning included at Clause 2.0 of the Design and Development Overlay, Schedule 1 is not required because the notification requirement is not included in the schedule to Clause 66.06, therefore, it is not a notice requirement under Section 52(1)(c) of the Act. Internal The application did not require any internal referrals.

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Relevant Strategies State Planning Policy Framework The state planning policies as relevant to the assessment of this application include:  Clause 11 – Settlement  Clause 12 - Environmental and landscape values  Clause 15 – Built environment and heritage  Clause 16 - Housing Local Planning Policy Framework The local planning policies as relevant to the assessment of this application include:  Clause 21.02 – Settlement  Clause 21.05 – Landscape and built form  Clause 21.09 – Low growth settlements

Planning Scheme Requirements Zone This site is included in the General Residential Zone. Pursuant to Clause 32.08-3 a planning permit is not required to construct a dwelling on the land because the subject site has a land area larger than 300 sqm. Overlays This site is affected by three overlays, these include:  Heritage Overlay, Schedule 180  Vegetation Protection Overlay, Schedule 2  Design and Development Overlay, Schedule 1 Heritage Overlay, Schedule 180 Wollomai House, also known as Woolamai House, is located centrally within this residential housing estate. It is included on the Victorian Heritage Register under the Heritage Act 1995; its specific reference is ‘H666’. Pursuant to Clause 43.01-2 a planning permit is not required under this overlay to develop a heritage place which is included on the Victorian Heritage Register. Vegetation Protection Overlay, Schedule 2 Vegetation is not required to be removed to facilitate the development. Design and Development Overlay, Schedule 1 Clause 43.02-2 requires a planning permit be obtained for buildings and works unless the overlay specifically exempts a permit is not required. Clause 2.0 of Schedule 1 to the Design and Development Overlay does not exempt the proposed buildings and works from permit requirements because the height of the proposed building is greater than 7.0 m above ground level.

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Officer’s Considerations The only planning permit trigger for this application is that of the Design and Development Overlay, Schedule 1 (DDO1) for a proposed building height greater than 7.0 m above ground level. Therefore, the only matters to be considered in determining whether the proposed development is an acceptable building height include the objectives of DDO1 and the decision guidelines under this overlay, which relate specifically to the question of height. It is also appropriate to consider State and Local planning policies that are relevant to this permit trigger. The DDO1 relates to the ‘residential areas near the coast’ and includes the following design objectives:  To protect views from the coast to adjacent residential areas.  To protect views to the coast from adjacent residential areas.  To minimise the impact of development along the coastline.  To protect and enhance the visual amenity and landscape of the coastal area.  To respond to the potential coastal impacts of climate change. The first four objectives relate to development along the coastal edge and minimising the visual impact of development. These design objectives reflect the state and local planning policies for development along the coast that seek to located residential development within existing modified and resilient coastal environment where the demand for development is evident and the impact can be managed; ensure that development is subordinate to the landscape character; and to protect locally significant views that contribute to the character of the coastal area. The relevant decision guidelines of the DDO1 are those aimed at assessing what the impacts of a building on the coastal landscape would be if it were to be permitted to have a height of 7.0 m or more, those relevant decision guidelines include:  The siting and design of proposed development in response to Council's adopted Design and Siting Guidelines for Coastal Areas and Rural Hinterland 1999, and Siting and Design Guidelines for Structures on the Victorian Coast, Victorian Coastal Council 1998.  The maintenance and improvement of the visual quality of the coastal landscape.  The preservation of views from the waters of Western Port, Bass Strait, and Anderson Inlet.  The protection of views from coastal roads.  The siting, colour and design of buildings.  The need for landscaping or vegetation screening. The impact of allowing a dwelling that is 7.545m on this location has been assessed against the relevant criteria and can be supported.

Bass Coast Shire Council Page 66 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

The subject site is located in a new residential estate in proximity to the coastline with all surrounding residential allotments remaining vacant. Coastal views from the site are available albeit partly interrupted by the mid-storey level shrubs located in the foreshore reserves approximately 50m east of the site. This foreshore vegetation will play an integral role in integrating the proposed dwelling within the landscape because it will partially screen the lower level of the building and soften the built form. Additionally, the subject site benefits from a large setback form the coast, with a vacant residential allotment, known as 6 Homestead Mews between it and the foreshore. This allotment has a single storey (5.0m) height restriction placed upon it. The property to the west (2 Homestead Mews) of the subject site is also vacant, and the sign advertising its sale states that it is suitable for a two storey dwelling. Whilst these surrounding allotments are not yet developed, it is intended for them to be. As these surrounding allotments develop and the required landscaping matures, the proposed dwelling will not be more than one storey in height above 6 Homestead Mews, and will be a similar height to other two storey dwellings that are anticipated, and already exist in the area. In this regard, the proposed dwelling will not dominate the landscape, rather it will settle into it. On this basis, the building with a height of 7.545m is considered suitable given the design objectives and decision guidelines of the DDO1; and it is recommended that Council resolve to support the application. Objectors concerns It is considered that the objectors concerns have been addressed in the body of this report. Never-the less, a statement against each concern is outlined below:  The DDO1 restricts height of all development to 7.0m from ground level The DDO1 does not restrict the height of development to 7.0m. It is a threshold whereby a planning permit will be required for a building that has a height of 7.0m or greater. Typically, the height of a double storey dwelling can range between 6.0m to 9.0m. The DDO1 was introduced as a means to ensure that the impacts of locating double storey dwellings in proximity to the coast can be assessed; it was not the intention of this overlay to restrict all development to be below 7.0m in height. The objectors also questioned the definition of ground level. In this particular case, natural ground level means the surface level immediately preceding the making of this planning permit application. As such, the site levels as shown on the ‘Plan of finished surface levels’ prepared by Beveridge Williams dated 13/1/2015’ are consistent with both the Council engineer’s records of the ‘as constructed site levels’ and the levels shown on the proposed development plans.  If approved this development will set a precedent for all future development in the estate Precedent is not a planning consideration. All application will be considered on their individual merits.

Bass Coast Shire Council Page 67 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 Contravenes the Woolamai House Design Guidelines The Woolamai Design Assessment Panel endorsed the proposed design on 29 March 2016.  Excessive height will detract from valued coastal area This issue is addressed in the body of the report.  Detract from the heritage listed property Correspondence from Heritage Victoria states they have determined that the proposed development will not negatively impact on the cultural heritage significance of the place and that a permit is not required pursuant to section 66 (3) of the Heritage Act 1995.  Overlooking, Overshadowing As the only permit trigger is the DDO1, the requirements of Clause 54 (Rescode) are not relevant to the assessment of this application. These matters will be dealt with when a building permit is obtained.  Prevent the sale of the neighbouring unsold allotments; and devalues property Economic and financial matters are not relevant planning considerations.  Light pollution affecting Short-tailed Shearwaters There are not known to be any Short-tailed Shearwater rookeries within proximity to this site.  Compliance with Fire Restrictions The site is not affected by the Bushfire Management Overlay. Furthermore, the bushfire requirements set out in each of the Section 173 Agreements are not applicable to this allotment.  Compliance with Australian Height Datum given proximity to Coast. The site is not located in an area affected by the Land Subject to Inundation Overlay, and it does not have site levels below 5.0m AHD, as such the site’s vulnerability to coastal hazards is not a relevant consideration. Similarly, the Section 173 Agreement that covenants a coastal hazard vulnerability assessment is not applicable to this site.  Loss of Views The Tribunal has dealt with loss of views on many occasions. It is recognised that in appropriate circumstances, the preservation of a view, or interference with a view, can be a relevant planning consideration. Matters involving views were set out in Tashounidis V Shire of Flinders and further refined in the determination of Healy v Surf Coast SC [2005] VCAT 990 (26 May 2005). These VCAT hearings determined principles that suggest that although there is no legal right to a view, a view is considered to be part of the overall amenity of a dwelling and as such amenity is a planning consideration. In determining what constitutes a reasonable sharing of views, the availability of a view and its importance within an overall panorama must be assessed along with the steps that have been taken by an objector to optimise the development of their own property.

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The above also recognises that more emphasis to sharing of views should be placed in areas where the question of views is specifically addressed in the planning scheme. The DDOI recognises that in designing a residential dwelling in coastal areas, a key design criterion is to take best advantage of coastal views; as such a design objective is to protect views to the coast from the adjacent residential areas. At this particular location, the topography of the area has a slight fall of approximately 4.0m from Bridgeview Drive to the Coastal foreshore (across a distance of approximately 200m). In this regard, for those objectors concerned about the loss of views whom are located in Bridgeview Drive, Grofam Court and directly behind the site, it is true that the proposed development will interrupt some views. But, in this instance where the landform only has a slight fall, it is unreasonable to think that any view could be preserved across a site when the view only exists because the subject site is underutilised. If the topography of the land was steeply sloping, where dwellings sit one above the other, then there is argument for the reasonable sharing of views. But, in this case where any development of the vacant site with built form or landscaping would impact on views, it is unreasonable of objectors to think that their view can be maintained or protected.

Conclusion The proposal is for buildings and works associated with a dwelling that achieves a height greater than 7.0m above ground level. The application was extensively advertised and attracted 28 objections. The merits of the application have been considered against the relevant provisions of the state and local planning policies, the zone and overlays and it is recommended that this application is suitable for approval.

Recommendation That in relation to planning permit application 150371 for the buildings and works (dwelling) that have a height greater than 7.0m on land affected by the Design and Development Overlay, Schedule 1 located at 4 Homestead Mews, Cape Woolamai, Council resolves to issue a Notice of Decision to Grant a Permit subject to the following conditions: Endorsed plans not to be altered 1. The development as shown on the endorsed plans must not be amended, altered or modified (whether or not in order to comply with any statute, statutory rule or for any other reason) without the further approval (in writing) of the Responsible Authority. 2. The maximum building height must not exceed RL 15.74 in accordance with the endorsed plans and to the satisfaction of the Responsible Authority.

Bass Coast Shire Council Page 69 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Infrastructure 3. Vehicle and pedestrian access and drainage to serve the subject land must be located, constructed and maintained free of defects to the satisfaction of the Responsible Authority. 4. No buildings or works must be constructed on any existing or proposed easement (including implied sewer, drainage, telephone, power and water easement) without the further approval in writing of the Responsible Authority and / or the relevant service provider. Occupation of the development 5. The development hereby permitted must not be occupied until: a. the landscaping shown on the endorsed plans has been completed to the satisfaction of the Responsible Authority. Thereafter landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority. Any dead or dying plants must be replaced to the satisfaction of the Responsible Authority; b. all redundant infrastructure associated with the development is removed and the area reinstated to the satisfaction of the Responsible Authority; and c. all works required by the conditions of this permit have been completed to the satisfaction of the Responsible Authority. Amenity 6. The development must be managed during construction so that the amenity of the area is not detrimentally affected through the: a. transport of materials, goods or commodities to or from the land; b. appearance of any building, works or materials; c. emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, litter, dust, waste water, waste products, grit or oil; and d. presence of vermin or animals. 7. No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals, sediments, gross pollutants, animal waste or domestic waste must be washed into, allowed to enter or discharged to the stormwater drainage system, receiving waters or surrounding land and road reserves, during the construction works hereby approved, all to the satisfaction of the Responsible Authority. Permit Expiry 8. This permit will expire if one of the following circumstances applies: a. The development is not started within two years of the issued date of this permit.

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b. The development is not completed within four years of the issued date of this permit. In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

Attachments

AT- Locality Plan 1 Page 1

AT- Assessed Plans with Woolamai Design Assessment Panel Approval 10 2 Pages

AT- Assessed Landscape Plan with Woolamai Design Assessment Panel 1 Page 3 Approval

AT- CONFIDENTIAL - Submissions 51 4 Pages

Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Phil Wright That in relation to planning permit application 150371 for buildings and works that have a height greater than 7.0m on land affected by the Design and Development Overlay, Schedule 1 at 4 Homestead Mews, Cape Woolamai, Council resolve to issue a notice of refusal subject to the following grounds: 1. The proposed development is contrary to Clause 12.02-1 (Environmental and Landscape Values – Coastal Areas – Protection of Coastal areas) because it does not enhance the value of the coastal area to the community or ensure sustainable use of natural coastal resources 2. The proposed development is contrary to Clause 12.02-2 (Environmental and Landscape Values – Coastal Areas – Appropriate development of coastal areas) because it is not sensitively designed; and it does not respect the character of this coastal settlement. 3. The proposal is contrary to Clause 21.05-1, Clause 21.05-2 and Clause 21.05-3 (Landscape and built form - landscape character areas – landscape objectives and strategies) because it is not subordinate to the natural, visual and environmental landscape character and significance identified for the Phillip Island Southern Coast Character Area. 4. The proposal is contrary to the design objectives specified in schedule 1, to the Design and Development Overlay in that the proposal:

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• Does not protect views from the coast to adjacent residential areas; • Does not protect views to the coast from adjacent residential areas; • Does not minimise the impact of development along the coast; and • Does not protect and enhance the visual amenity and landscape of the coastal area 5. The proposal is contrary to design objectives for Cape Woolamai as set out in the Council’s adopted “Design and Siting Guidelines for Coastal Areas and Rural Hinterland 1999” CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 72 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.4 Closure of the Inverloch Transfer Station

File No: CM16/357 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.

Declaration The author has no direct or indirect interests in relation to this report.

Summary The purpose of report is for Council to consider closing the Inverloch Transfer Station, effective September 2017. The facility currently operates three days per week and is not operating at best practice. The facility’s location poses potential impacts to the environment, in particular relating to stormwater discharge and fire, and aesthetic impacts to the community due to the continued encroachment of residential development. The facility is located adjacent to Screw Creek and an area of significant indigenous vegetation sensitive to the operations of the facility. Additionally the facility requires extensive upgrades and investment to bring it up to best practise standards if it was to continue operating into the future.

Background Inverloch Recycling and Waste Transfer Centre is located in close proximity to Inverloch Township. It is also located approximately 10 minutes from Wonthaggi Transfer Station. The facility operates on Saturday, Sunday and Monday from 8.30am to 4.30pm. The landfill site is located on DELWP crown land. The site is zoned Public Use Zone (PUZ6) (Local Government) with adjacent land uses zoned as follows: • East – PCRZ – Public Conservation and Reserve Zone, incorporating Screw Creek; and • North, west and south – GRZ1 – General Residential Zone. Screw Creek runs to the south east and east of the site where stormwater is likely to be discharged to. The site is also subject to a Wildfire Management overlay and a Vegetation Protection overlay. Community consultation undertaken during development of Councils Waste Management Strategy 2015-25 in July 2015 indicated that the Koonwarra Transfer Station and Landfill and the Inverloch Transfer Station have a degree of overlap in users depending on opening days and current charges. It is generally regarded that a catchment area for a waste transfer station is usually defined by a 15 minute travel time (one way) from a residential area to the facility. This is the time the majority of Councils survey respondents selected as the time that they would travel to a waste facility during Councils Waste Management Strategy 2015- 25 consultation. Bass Coast Shire Council Page 73 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Image 1: Arial Image showing Inverloch Transfer Station and Screw Creek

Strategic Basis Guiding Bass Coast Towards 2030 expresses the community’s vision for Bass Coast. One of the four key themes within the vision is ‘A celebration of natural assets’, with an aspirational statement that: ‘By protecting and maintaining our natural assets as well as putting in place the support infrastructure and services, our tourism industry thrives. Employment in a range of industries is now year-round creating a much more sustainable local economy.’ The Natural Environment Strategy 2016 – 26 responds to the Council Plan 2013- 17 strategic objective: Our unique natural environment is protected, maintained and enhanced for the enjoyment of all. Councils Waste Management Strategy 2015-25 provides direction to undertake this action. The Strategy refers to the closure of Inverloch Transfer Station, encroachment of residential development on the area, and travel distances to other facilities in sections 6.8.5.1 and 6.8.6, and page 59: Best Practice Review • Inverloch Recycling and Waste Transfer Centre – Rezoning of the land to Rural Residential has caused a number of unverified complaints regarding odours and green waste mulching. If the facility is no longer able to accept such waste, the facility may no longer be required; Council Plan Principles:  The social, environmental and economic priorities of the Shire benefit both current and future generations.  The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised.  Equity in the distribution of resources across the Shire.  Transparent evidence-based and inclusive decision making.

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Finances The cost to Council to operate and maintain the Inverloch Transfer Station in its current condition for 2015/16 is $180,000; funding allocated in the draft 2016/17 budget is $185,000. The facility operates three days a week (Saturday, Sunday and Monday from 8.30 am to 4.30 pm). The site is currently not operating to Best Practise Standards (Sustainability Victoria; Guide to Best Practise at Resource Recovery Centres, 2009). To upgrade the site to an acceptable standard Council would need to consider investing significant capital funding, and then further operational budget to maintain the site to standard.

Stakeholders Bass Coast Shire residents Property developers South Gippsland Conservation Society South Gippsland Shire Council West Gippsland Catchment Management Authority EPA Victoria Gippsland Waste and Resource Recovery Group

Statutory Requirements/Codes/Standards/Policies Environment Protection Act 1970 Planning and Environment Act 1987 Sustainability Victoria Act 2005 Sustainability Victoria; Guide to Best Practise at Resource Recovery Centres, 2009 Bass Coast Planning Scheme

Other Options Council is currently tendering and procuring new Waste Services and Waste Facilities contracts, to commence 1 September 2017. Tenderers were invites to submit a price for the operations of the Inverloch Transfer Station however it has been clearly stated that Councils is considering closing the facility, as per the Waste Management Strategy 2015-25. Council may still choose to operate the Inverloch Transfer Station beyond 1 September 2017. If Council choose to continue to operate the Inverloch Transfer Station beyond 1 September 2017, it would need to consider investing significant capital funds to bring the facility up to acceptable Best Practise Standards (Sustainability Victoria; Guide to Best Practise at Resource Recovery Centres, 2009). Upgrades would be required to roads, site design, traffic management, onsite staffing facilities, waste receiving and processing equipment and signage as detailed in the Waste Management Strategy 2015-25.

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Officer’s Conclusion and Recommendation The facility’s location poses potential impacts to the environment, in particular relating to stormwater discharge and fire, and aesthetic impacts to the community due to the continued encroachment of residential development. During the development of Councils Waste Management Strategy 2015-25 (July 2015) a preliminary review of the facility assets and infrastructure to bring the site to an acceptable standard noted:  Bitumen roads within the site require upgrade;  All material capable of being recycled needs to be available up front prior to garbage disposal, along with opportunity to revisit recyclables area if need be;  Green waste drop off is separate to the rest of the materials available for disposal. Traffic is required to enter the recyclables/garbage disposal area to visit the gatehouse prior to then crossing in coming traffic to visit the green waste disposal area;  Poor signage on bins and on roads providing inadequate direction to site visitors;  Certain “spots” for materials, e.g. mattresses and e-waste, were provided but no signage and no containers to assist with disposal nor collection;  Green waste is not stored and processed on a hard stand area, with potential for contaminated stormwater to discharge to the neighbouring properties and Screw Creek;  Green waste is stockpiled and mulched on site 5 – 6 times per year. Due to the potential fire hazard of such stockpiling, as well as the potential aesthetic impacts on the local community, e.g. dust, noise, vermin, odour, it is recommended that all green waste be removed to Wonthaggi (or another suitable site) for storage/ processing purposes; and  Consideration to re-design of the facility to address identified issues, with potential to cover areas and include a weighbridge. Increased residential development in the area is encroaching on the informal area that has provided buffer zone for noise, surface water and odour concerns. Council and West Gippsland Catchment Management Authority have been discussing a plan to improve the river health of Screw Creek. The Inverloch Transfer station and former landfill site are considered a risk and ongoing threat to the waterway health and mangrove community due to surface water issues and proximity. Council has a Native Vegetation Offset Reserve to the south and west of the transfer station and former landfill site containing nine rare and threatened species that the site is suitable habitat for and have been see on the site. These include Fairy Tern, Eastern Curlew, Glossy Grass Skink, Dwarf Galaxias, Marsh Saltbush, Leafy Twig- sedge, Salt Lawrencia, Dune Wood-sorrel, and Black-tailed Godwit. Closure of the transfer station and future rehabilitation of the landfill will remove the risk and ongoing threat to the waterway health, flora and fauna due to potential surface water and ground water contamination.

Bass Coast Shire Council Page 76 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Image 2: Screw Creek Native Vegetation Offset Reserve and proximity to the Inverloch Transfer Station and Screw Creek Following Council’s decision, officers would develop a communications plan advising the community of the closure and options available for responsible waste disposal, such as the Wonthaggi Transfer Station. This would involve both informational and educational signs for residents and visitors. The closure would commence with the new waste services contracts (1 September 2017) and the introduction of a full kitchen food organics and garden organics collection (pending Council awarding tenders) assisting with the disposal of green waste. Councils would have sufficient time to educate and ready the community for the closure.

Recommendation That Council 1. resolves to close the Inverloch Transfer Station, effective 1 September 2017; and 2. develops a communications plan to inform the community of the pending closure of the Inverloch Transfer Station.

Attachments There are no attachments for this report.

Bass Coast Shire Council Page 77 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Council Decision Moved: Cr. Jordan Crugnale / Seconded: Cr. Neil Rankine That Council: 1. note the report on the proposed closure of the Inverloch Transfer Station in September 2017. 2. defer consideration of the closure of the Inverloch Transfer Station to the August 2016 Council meeting to enable two information sessions to be held in July to discuss the recently adopted Waste Management Strategy and officers recommendation to close the facility. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 78 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.5 Proposed amendments to the Constitution of Destination Gippsland Ltd.

File No: CM16/404 Department: Sustainable Development and Growth Council Plan Strategic Objective: Economic Development Our economy is supported by diverse, local and innovative businesses and employment.

Declaration The author has no direct or indirect interests in relation to this report.

Summary Destination Gippsland Limited (DGL) is an incorporated body established in 2008 to promote Gippsland to domestic and international markets. All Gippsland Councils are members of DGL and contribute financially. The Gippsland Local Government Network (GLGN) agreement with Destination Gippsland is for a three year term from 1 July 2014 to 30 June 2017. In May 2008, the Constitution of DGL was agreed to and signed off by the Company Director and Company Secretary at the time. It was then revised in March 2011 and the Board now seeks approval of further amendments to take effect 11 May 2016 which support the Good Governance Practices. Rather than asking members to attend a Special General Meeting to vote on these amendments, the Board proposes that they be voted on by Special Circular Resolution. As a member organisation Council is requested to review the amendments and confirm approval. The proposed amendments have been developed and discussed by the full Board of Directors including the Gippsland Local Government Network (GLGN) representative, South Gippsland Shire Council CEO Tim Tamlin.

Background Destination Gippsland Ltd. (a public company limited by guarantee), is seeking support to update the company Constitution. The original Constitution was prepared in 2008 prior to the appointment of a Board or Management. It was a document that served its original purpose and was last updated in March 2011. Following the most recent scheduled review, the Board has proposed a number of changes which support Good Governance practices. For consideration, the proposed amendments are explained below:  Clause 2.1 - Increase the minimum number of Directors from 2 to 7. The Board has functioned with 7 Directors who individually assume certain responsibilities in chairing or being members of committees. It is considered that the company needs at least 7 Directors to function in accordance with its charter. The existing Constitution gives the Board power to appoint a Director to fill a casual vacancy if their numbers fall below 2.

Bass Coast Shire Council Page 79 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

The amendment will allow the Board to fill casual vacancies if the number falls below 7 without the need to hold a special general meeting of members.  Clause 5.4 - If it is accepted that the company needs 7 Directors, it is reasonable that the number for quorum should be increased to a majority of Directors (i.e: 4).  Clause 2.13 - Directors are entitled to claim expenses which include a per kilometre allowance for car travel. This cost is potentially significant in the event that Directors wish to claim car mileage. In order to simplify claims and quantify in advance the company’s liability the Board recommends that an annual expense allowance of $1,500 be paid to cover out of pocket expenses.  Clause 2.20 - Add the words “up to” when describing the term of Directors. This allows the Board to fill a casual vacancy which occurs mid-term and still retain the requirement for at least two Directors to retire each year. Otherwise, Directors filling a casual vacancy would automatically be elected for three years and in the event that changes to clause 2.1 are agreed such election would not need to be ratified by the members.  Clause 2.21 - Delete the requirement for a Director to retire after three 3- year terms. This was considered to be a restriction on the ability of the Board to adequately fill its numbers. It does not cater for a Director who is performing well and is capable of continuing to serve. It is considered to be a restriction on the potential of the Board to maintain the quality of its Directors and perform at its best. NB: Clauses 2.19, 2.20 and 2.21 have been renumbered  Clause 11 - This adds a clause to cover the company's responsibility to produce annual accounts and distribute them to members. It is merely for clarification as the Corporations Law specifies this requirement for a public company.  Clause 12 - This adds a clause which requires an annual audit. It is also inserted for the sake of clarification, as the Corporations Law already requires public companies to conduct an annual audit.

Strategic Basis The Council Plan 2013 – 2017 has clearly stated objectives around Economic Development, specifically ‘our economy is supported by diverse, local and innovative businesses and employment’. One of the strategies identified to assist Council to deliver this objective is ‘promote Bass Coast as an all year unique tourist and events destination’. Council Plan Principle:  The social, environmental and economic priorities of the Shire benefit both current and future generations.

Bass Coast Shire Council Page 80 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Finances Council 2015/16 annual membership contribution to Destination Gippsland is $30,900 as per agreement dated 1 September 2014 signed on behalf of GLGN. Council also provides in-kind and buy in support for tourism industry development, cooperative marketing, collateral, trade shows and consumer shows in partnership with Destination Gippsland and member Councils.

Stakeholders The key stakeholders include:  Destination Gippsland Ltd.  GLGN and member Councils  Local businesses  Visitors and Community  Local, regional and state tourism bodies  Council

Statutory Requirements/Codes/Standards/Policies N/A

Other Options There are two options available to Council. Option One: The first option as recommended by this report is to approve the proposed amendments to the Constitution of Destination Gippsland Ltd. Implications for Council – This option will provide the opportunity for Council to support the ongoing development of good governance practices for the Board of Destination Gippsland Ltd. Option Two: The second option is not to approve the proposed amendments to the Constitution of Destination Gippsland Ltd. Implications for Council – This option is not considered appropriate as it does not provide support for the ongoing development of good governance practices for the Board of Destination Gippsland Ltd.

Officer’s Conclusion and Recommendation It is recommended Council approve the amendments. By approving the proposed amendments, Council will be supporting the ongoing development of good governance practices for the Board of Destination Gippsland Ltd.

Recommendation That Council approves the proposed May 2016 amendments to the Constitution of Destination Gippsland Ltd.

Bass Coast Shire Council Page 81 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Attachments

AT- Alterations to the Destination Gippsland Constitution package for 20 1 members Pages

Council Decision Moved: Cr. Clare Le Serve / Seconded: Cr. Neil Rankine

That the recommendation be adopted. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 82 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Cr Crugnale removed herself from the position Chair. Cr Drew assumed the position of Chair.

H.6 Cuttriss Street Activity Centre Toilet – Approval of the Design

File No: CM16/334 Department: Infrastructure Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.

Previous Items: SR3/14 - Inverloch Foreshore: Cuttriss Street Activity Area Plan - Council - 16 Jul 2014 5.00pm SR7/16 - Proposed location for the Inverloch Foreshore Cuttriss Street Toilet Block - Council - 18 May 2016 5.00pm SR3/14 - Response to petition - Public Toilets for the Angling Club Car Park, Inverloch - Council - 21 May 2014 5.00pm

Declaration The author has no direct or indirect interests in relation to this report.

Summary The purpose of this report is to present to Council the detailed design of the Inverloch Foreshore Cuttriss Street toilet block for consideration as per the Council resolution on 16 July 2014. A further purpose of this report is to update Council on the estimated costs for the detailed design following the resolution by Council on 18 May 2016 (refer AT-2 Council Minutes). The resolution of Council was as follows: That Council amends the Inverloch Foreshore Cuttriss Street Activity Area Plan July 2014 (AT-1) to reflect the change of location of Key Direction 1- Proposed toilet block to Area 10 as identified in the Plan, immediately west of the Angling Club. This report recommends that Council: 1. In accordance with Council’s resolution at the Ordinary Meeting on 16 July 2014 note the completion of the detailed design for the Cuttriss Street Activity Area Toilet Block as per attachments AT-3 Plan Layout of Proposed Relocatable Toilet Block, AT-4 Elevation Plan of Proposed Relocatable Toilet Block and AT-5 Artwork for Proposed Toilet Block. 2. Adopt the detail design based on recommendations from the community consultation on 14 November 2015 and Key Recommendation 1 in the Inverloch Foreshore: Cuttriss Street Activity Area Plan July 2014 at an estimated construction cost of $263,000.

Bass Coast Shire Council Page 83 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Background The Cuttriss Street Foreshore Activity Area is located approximately 1.2 kilometres east of the Inverloch Town Centre. The area adjacent to Cuttriss Street experiences high public use and includes one of Inverloch’s most popular swimming beaches. This area of the foreshore precinct is also popular amongst kite and windsurfers as well as stand up paddle boarders. In summer it is the base for a commercial kite surfing operator as well as an activity base throughout the year for the Inverloch Windsurfing Club. Other features which contribute to high public use include the proximity of residential and holiday homes and connectivity to the Inverloch Town Centre and beyond via the Inverloch Foreshore shared pathway, which runs to the Cuttriss Street precinct. The area also features significant public car parking facilities. The Big 4 Inverloch Holiday Park is located adjacent to the precinct. The Inverloch Angling Club building is located within the precinct and hosts community events which also attracts people to the area. The Angling Club has a 21 year Crown Land non retail lease, until 2031. At the 16 April 2014 Ordinary Meeting of Council a petition was received containing 1,191 names, addresses and signatures. The petition requested the development of a public toilet facility at the Cuttriss Street Activity Area/Angling Club car park. The completion of the Inverloch Foreshore: Cuttriss Street Activity Area Plan 2014 (AT- 1) provided the detailed strategic planning required to support the location of such a facility within the precinct. At the 21 May 2014 Ordinary Meeting Council resolved: 1. That Council release the draft Cuttriss Street Activity Area Plan Option D for community consultation commencing 22 May 2014, for a period of four weeks 2. That a further report recommending adoption of the final Cuttriss Street Activity Area Plan is presented to Council for consideration at the 16 July 2014 Ordinary Meeting; and 3. That Council advises the head petitioner of its decision in relation to the Cuttriss Street Activity Area Plan. Council further resolved: That, as part of the September 2014 budget review, Council considers an allocation of funds for the provision of temporary public toilet facilities for the period mid-December 2014 to Easter 2015. Council has been providing temporary public toilet facilities for the past two summer periods at a cost of $23,400 in the 2014/2015 financial year and $17,700 in the 2015/2016 financial year. These costs are inclusive of hiring the temporary toilets and cleaning costs over this period. A key recommendation within the Cuttriss Street Activity Area Plan is the location of the permanent toilet block, which was identified from feedback obtained from three periods of stakeholder consultation during the development of the Plan.

Bass Coast Shire Council Page 84 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

The proposed location of the toilet block in the Cuttriss Street Activity Area Plan was determined to achieve a balanced access distance for all user groups. It was also seen as a good location due to the need for public toilet to be easily identified and accessible for all abilities users, have close proximity to the car park, and also to provide sufficient visibility for passive surveillance to prevent congregation and anti- social behavior. In the 2015/2016 capital works budget an amount was allocated to undertake the detailed design of the toilet block. The current revised budget for the design is $10,000. On 14 November 2015, officers met with stakeholders from various businesses and interest group users in the precinct area and the Ward Councillor, to discuss the detailed design for the proposed toilet block. This discussion was productive with various ideas being shared and included a walk around the area to gain an appreciation of the siting of the toilet block as located in the Cuttriss Street Activity Area Plan. Discussions topics included:  provision of access all amenities  provision of changing facilities  constructing on high ground to protect from flooding by king tides and future sea level changes  having a design that allows portability in order to relocate the facility in the future if required  incorporation of outdoor showers  utilising existing vegetation as screening  ensuring facility was sympathetic to the surrounding environment and architecture  incorporation of stormwater harvesting  linking the history of the area into artwork on the building to create a soft look Design works have progressed along with discussions with service authorities and contractors who are able to provide portable public amenity blocks. Internal discussions have also been held with Council’s Arts Officer regarding the linking of the visual artwork for the public facility into the Ripple Historic precinct approximately 100 metres to the west of the proposed site. As a result Council have liaised with the Inverloch Historical Society to source archival photos of the bathing history in the early 1900’s to incorporate into the art design of the public amenity block. At the 18 May 2016 Ordinary Meeting, Council resolved to change the location of the proposed toilet block to immediately west of the Angling Club as shown in Figure 1 below.

Bass Coast Shire Council Page 85 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Figure 1: Location of the Proposed Toilet Block - opposite Cuttriss Street, Inverloch

Since the Council Meeting the detailed design of the proposed new public toilet facility/change rooms and outdoor showers has progressed to a stage where it can be presented to Council for review as per the Council recommendation of 16 July 2014 (attachments AT-3 to AT-5).

Strategic Basis The Council Plan 2013–2017 provides strategic support for the Cuttriss Street Activity Area Plan. The Council Plan includes a number of strategic objectives which are relevant to this project. The strategic objective regarding Sustainable Development and Growth is underpinned by the strategy that Council will:  “Provide infrastructure and facilities that are well managed, affordable and are suitable for the communities need” The strategic objective regarding Natural Environment is underpinned by the strategies that Council will:  “Facilitate appreciation of our unique natural environment through sustainable public access”  “Improve the health of the landscape through increased biodiversity and indigenous vegetation protection” The Council Plan also has Principles which apply to these types of road and drainage improvement projects:  the social, environmental and economic priorities of the Shire benefit both current and future generations  equity in the distribution of resources across the Shire  transparent evidence-based and inclusive decision making

Bass Coast Shire Council Page 86 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 the provision and use of energy and resources will be promoted in an efficient and sustainable way

Finances The Inverloch Foreshore: Cuttriss Street Activity Area Plan July 2014, which includes the provision of a toilet block, is an aspirational plan and the draft 2016/2017 budget includes an allocation of $150,000 for the construction of a toilet block within the Inverloch Foreshore Cuttriss Street Activity Area. Over the past two summers Council has been providing temporary public toilet facilities at a cost of $23,400 in the 2014/2015 financial year and $17,700 in the 2015/2016 financial year. These costs are inclusive of hiring the temporary toilets and cleaning costs over this period. Engineering estimates based on the detailed design work and the service authority’s requirements, in particular South Gippsland Water’s (SGW) requirement for a private pressure sewer main and a private sewer pump, are shown below. Description Engineering Estimate of Costs Supply and installation of toilet block $125,000 Engineering foundations for toilet block $12,500 Design Fees – sewer and civil (2015/2016 budget) $9,500 Geotechnical Investigations (2015/2016 budget) $500 Access ramps for DDA compliance $12,000 External showers x 2 $8,000 Landscaping $3,000 Provision of pressure sewer via underground boring $75,000 (Very preliminary estimate and no allowance for any service relocations under The Esplanade have been made. SGW sewer connection fees $3,500 Plumbing for water main connection $2,500 SGW water connection fees $1,500 SPAusnet connection fees for electricity supply $12,000 Allowance for artwork on building (as per $8,000 stakeholder meeting on 14 November 2015) TOTAL $273,000 Budget required for 2016/2017 Financial Year $263,000

Changing the location of the proposed toilet block from Area 1 to Area 10 in the Inverloch Foreshore: Cuttriss Street Area Activity Plan July 2014 has added further cost to the project due to a higher infrastructure requirement (ie paths, disability access, increased sewage piping).

Bass Coast Shire Council Page 87 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

In order to construct this project in the 2016/2017 financial year Council would have to allocate an additional $113,000 to the draft 2016/2017 draft budget. As a result of the change in the location of the toilet and finalising the detailed design it has become apparent that the $150,000 allocation in the 2016/2017 draft budget will likely be insufficient, mainly due to South Gippsland Water’s requirements for the provision of a private sewer pressure main and sewer pump.

Stakeholders The following stakeholders were identified during the development of the Inverloch Foreshore: Cuttriss Street Activity Area Plan July 2014 and will be affected in some way by this matter:  Bass Coast Shire Council  ratepayers  foreshore users  adjacent residents  individuals and groups who provided input at previous stages in the development of the Inverloch Foreshore: Cuttriss Street Activity Area Plan July 2014  individuals and groups who provided input at the community workshop held on 14 November 2015 to discuss the detailed design for the proposed toilet block  Anderson Inlet Angling Club  Inverloch Windsurfing Club  Rotary Club of Inverloch  South Gippsland Conservation Society  Inverloch Tourism Association  Inverloch Community Planning Group  commercial kite boarding permit holder  Big 4 Inverloch Holiday Park  Department of Environment, Land, Water and Planning  Parks Victoria  petition signatories –Public Toilets for the Angling Club Car Park, Inverloch  Inverloch Historical Society

Statutory Requirements/Codes/Standards/Policies  Crown Land (Reserves) Act 1978  Coastal Management Act 1995  Road Management Act 2004  The Planning and Environment Act 1987  Aboriginal Heritage Act 2006  Bass Coast Planning Scheme  Building Code Australia

Bass Coast Shire Council Page 88 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Other Options Council may choose not to fund the proposed toilet block in the 2016/2017 financial year.

Officer’s Conclusion and Recommendation The detailed design has been completed in accordance with the outcomes from the community workshop held on 14 November 2015 and Council’s decision at the Ordinary Meeting on 18 May 2016 to relocate the facility 25 metres to the east of the previous location within the Inverloch Foreshore: Cuttriss Street Activity Area Plan July 2014. It should be noted that the toilet block building is not intended to provide storage for any single user group activities on the foreshore. This should be addressed as a separate issue and would require separate Coastal Management Act consent to the construction of a toilet block.

Recommendation That Council: 1. in accordance with Council’s resolution at the Ordinary Meeting on 16 July 2014 notes the completion of the detailed design for the Cuttriss Street Activity Area Toilet Block as per attachments AT-3 Plan Layout of Proposed Relocatable Toilet Block, AT-4 Elevation Plan of Proposed Relocatable Toilet Block and AT-5 Artwork for Proposed Toilet Block. 2. adopts the detail design based on recommendations from the community consultation on 14 November 2015 and Key Recommendation 1 in the Inverloch Foreshore: Cuttriss Street Activity Area Plan July 2014 at an estimated construction cost of $263,000.

Attachments

AT- Inverloch Foreshore: Cuttriss Street Activity Area Plan July 2014 1 Page 1

AT- Minutes of Council Meeting 18 May 2016 6 2 Pages

AT- Plan Layout of Proposed Relocatable Toilet Block, Cuttriss Street 1 Page 3 Inverloch

AT- Elevation Plan of Proposed Relocatable Toilet Block, Cuttriss Street 1 Page 4 Inverloch

AT- Artwork for Proposed RelocatableToilet Block,Cuttriss Street 1 Page 5 Inverloch

Bass Coast Shire Council Page 89 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Moved: Cr. Jordan Crugnale / Seconded: Cr. Phil Wright 1. That Council approves the relocation of the Toilet Block to the location shown in Key direction one (Cuttriss Street End) in the Cuttriss Street Activity Area Plan July 2014.

2. That the design of the Cuttriss Street Toilet Block be revised to remove the change rooms component so that the facility can be better integrated with the landscape and vegetation removal minimised.

3. That there be no requirement for the revised Cuttriss Street Toilet Block design to be approved by Council. LOST For Against Cr Crugnale Cr Brown Cr Drew Cr Le Serve Cr Phillips Cr Rankine Cr Wright

Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Jordan Crugnale 1. That Council approves the relocation of the Toilet Block to the location shown in Key direction one (Cuttriss Street End) in the Cuttriss Street Activity Area Plan July 2014.

2. That Council authorises an internal project control group to oversee the construction of a toilet block within the 2016/17 budget allocation that • minimises amenity impacts and vegetation loss. • follows as close as possible key direction one from the Cuttriss Street Activity Area Plan July 2014.

3. That there be no requirement for the revised Cuttriss Street Toilet Block design to be approved by Council. CARRIED For Against Cr Crugnale Cr Brown Cr Le Serve Cr Drew Cr Rankine Cr Phillips Cr Wright

Bass Coast Shire Council Page 90 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Cr Drew removed himself from the position Chair. Cr Crugnale resumed the position of Chair.

H.7 Graham Street Area, Wonthaggi Road and Drainage Upgrade Special Charge Scheme No. 42 - Finalisation of Costs

File No: CM16/336 Department: Infrastructure Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.

Previous Items: SR2/12 - Graham Street Area, Wonthaggi Special Charge Scheme No. 42 - Council - 21 Nov 2012 5.00pm SR1/12 - Graham Street Area, Wonthaggi Special Charge Scheme No. 42 - Council - 12 Dec 2012 5.00pm

Declaration The author has no direct or indirect interests in relation to this report.

Summary Bass Coast Shire Council commenced the formal scheme procedure for the Graham Street Area Wonthaggi Road and Drainage Upgrade Special Charge Scheme (SCS) No. 42 in June 2009. The scheme provided for the construction of road pavement and sealing works, underground drainage, kerb and channel drainage, nature strip works and associated ancillary works. All the statutory procedures relating to declaring and levying of the scheme have been completed. The final costs for the construction of the Graham Street Area Wonthaggi Special Charge Scheme have been determined with the completion of the contract works in June 2015. Property owners in the scheme were levied individual costs based on Council’s estimate prior to tendering. Final costs have now been determined and show that the final costs for the scheme are less than estimated. Council is required to make a refund proportionate to the contributions received by Council to the current owners of the relevant land. This report recommends that: In accordance with section 165 of the Local Government Act 1989 Council resolves to: 1. Vary the amount to be recovered from property owners by decreasing the amount payable from the estimated amount of $2,094,523.15 to the actual cost of $1,525,102.05.

Bass Coast Shire Council Page 91 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

2. Refund the excess contributions to the property owners of properties where the charge has been paid in full; or reduce the outstanding principal balance for those property owners who have not yet completed payment, by reducing the amount payable by an amount proportionate to the contributions received by the property owners.

Background The Graham Street Area Road and Drainage Upgrade project was located within Wonthaggi between McKenzie Street and Fincher Street. The project included the upgrade of a section of Bass Highway (locally known as Graham Street), as well as two local streets. These streets were Lynch Close and a section of Bent Street. A plan showing the location of this road and drainage upgrade project is shown in attachment AT-1. On 12 December 2012, Council declared the Graham Street Area Road and Drainage Upgrade Special Charge Scheme No. 42. Construction of the scheme works commenced in September 2013. The works reached final completion in June 2015. Now that final completion for the contract has been issued, the actual project and scheme costs could be calculated. Properties included in the scheme There are a total of 80 properties included in the scheme. They are shown in the Scheme Declaration in attachment AT-2. They were principally all the properties located adjacent to the proposed works. Proposed Works The works generally included the following: Graham Street between McKenzie Street and Fincher Street  kerb and channel on both sides with underground drainage to remove open drains  road and asphalt sealing works between existing highway through lanes and proposed kerb and channel  upgrades of footpaths to a 1.5 metre wide concrete footpath  nature strip works such as grass seeding and planting of street trees Lynch Close and Bent Street  kerb and channel on both sides with underground drainage to remove open drains  road and asphalt sealing works  nature strip works including grass seeding and planting of street trees Final Scheme Costs The original cost estimates were determined by up to date contract rates and associated estimated service authority charges (ie water and sewer, gas, Telstra and power relocation works). In addition, an estimate of the projects design, supervision and administration costs was included based on the overall total project costs.

Bass Coast Shire Council Page 92 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Actual costs have now been determined based on the construction contract together with other design and administration costs from Council’s financial systems. Better than expected construction rates resulted in lower overall construction costs for this project. The costs are summarised as follows:

Item Description Estimated Actual costs costs

Preliminary These involve mobilisation $310,000.00 $179,549.40 Works and and site establishment, public General protection works, preparation of OHS, traffic management, quality and environment plans, pre- condition and “as constructed” surveys etc.

Earthworks Including vegetation works $127,225.04 $89,332.64

Drainage Pipes All pipes and pits, subsoil $293,679.20 $284,226.17 and Pits Drains within road reserve and easement.

Pavement Works Includes construction of all $392,879.62 $343,491.40 roads and widening including Bent Street and Lynch Close.

Concrete Works Includes kerb and channel, $121,716.00 $173,459.98 footpaths and other concrete paving.

Landscaping Nature strip works including $62,858.72 $58,298.80 Works tree planting and installation costs for gravel driveways.

Traffic Include line marking, signage, $17,702.07 $23,420.00 Management Works

Public Lighting Includes public lighting and $0.00 $33,505.00*** associated electrical works

Bass Coast Shire Council Page 93 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Item Description Estimated Actual costs costs

Provisional Includes renewal of water $323,462.50 $27,071.00 Quantity Items services, future water services for vacant allotments, drainage connection points for properties and improvements to poor subgrades, alteration to service authority assets due to drainage or road alignments.

Provisional Sum Allowances included for $195,000.00 $124,931.07 various unknowns determined during construction and CPI of 5.6%.

Design, This allows for such costs as $250,000.00 $221,321.59 Administration land and geotechnical and Supervision surveys, concept and detailed designs, cost estimates, permits, community information sessions, administration, special charge scheme and tendering process, contract and construction supervision.

Victorian Civil Includes legal advice, $0.00 $29,768.91*** and administration, preparation Adminstrative of reports and Tribunal (VCAT) documentation.

Total Project Costs (ex GST) $2,094,523.15 $1,588,375.96

*** Note: Costs included in project cost that do not form part of the total scheme costs

Strategic Basis The Local Government Act 1989 The Act sets out the objectives of Councils. Section 3C of this Act states that: “the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of its decisions and in doing so, must have regard to the facilitating objective to improve the overall quality of life of people in the local community.” Bass Coast Shire Council Page 94 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Bass Coast Planning Scheme Prior to the implementation of the Town Planning Act (circa 1970), Council’s had no way of requiring developers to consider the social, environmental and cultural wellbeing of a community as part of proposed development. This meant there were a large number of residential areas throughout Victoria which do not meet the most basic of requirements under today’s planning schemes. Under the current Bass Coast Planning Scheme, there are a number of key objectives each new development needs to achieve prior to it being approved. These objectives are around social, environmental and liveability of an area. The Council Plan 2013-2017 The Council Plan 2013-2017, adopted by Council at its 19 June 2013 ordinary meeting, outlines its key strategic objectives by which it intends to address the planning scheme. The Council Plan includes a Strategic Objective regarding Sustainable Development and Growth. This objective is underpinned by the strategy that Council will: “Provide infrastructure and facilities that are well managed, affordable and are suitable for the communities need.” The Council Plan also has Principles which apply to these types of road and drainage improvement projects:  the social, environmental and economic priorities of the Shire benefit both current and future generations  equity in the distribution of resources across the Shire  transparent evidence-based and inclusive decision making  the provision and use of energy and resources will be promoted in an efficient and sustainable way In order to achieve this strategic objective and principles, Council has a number of existing strategies, plans and policies to manage our resources effectively, whilst providing and improving infrastructure within the Shire. These existing strategies, plans and policies include the Urban Roads and Drainage Improvement Policy. Asset Management Policy Council’s Asset Management Policy outlines that Council’s goals with respect to the way in which it manages infrastructure includes:  taking a forward-looking, long-term and ‘whole of life’ view to the provision and management of infrastructure for service delivery  understanding and taking into account community expectations in all significant decisions affecting infrastructure The Urban Roads and Drainage Improvement Policy, in line with the Asset Management Policy, aims to ensure that the long-term and ‘whole of life’ costs of the infrastructure, included as part of these upgrade projects, minimises the impact to Council’s renewal and maintenance demands. The goal of the Asset Management Policy is to ensure infrastructure decisions made today will not leave a significant cost burden on future communities to fund the high maintenance and renewal costs of inappropriate infrastructure. Bass Coast Shire Council Page 95 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Urban Roads and Drainage Improvement Policy The Urban Roads and Drainage Improvement Policy states that:  Council is committed to provide road, road related and pathway infrastructure within urban areas across the Shire that continues to meet the community needs both current and in future  Council is committed to ensure stormwater is managed effectively in all urban areas across the Shire Whilst Council has no statutory obligation to improve local road and drainage infrastructure, the upgrade of road and drainage infrastructure across the Shire goes towards achieving the primary and facilitating objective of a Council under the Local Government Act 1989. The primary aim of the Urban Road and Drainage Improvement Policy is to provide a policy framework to improve the overall quality of life for citizens that live within areas across the Shire that have little or no road and drainage infrastructure. The existing policy highlights Council’s commitment to improving infrastructure for residents and ratepayers within urban areas. The Bass Coast Shire Roads Services Asset Management Plan 2014 (RSAMP) The RSAMP provides community service levels. The proposed project aligns with the five community service levels:  Accessibility: Road condition, access is maintained, minimise environmental impacts loss of road material, whole of life costs considered in balance of the service standard  Connectivity: Pathway condition, safe paths, links to open space and public transport; whole of life costs considered in balance of the service standard; consideration of people with special needs  Drainage Control: Protect the environment, control surface water, improved performance  Amenity: Deliver urban streetscape responsibly, protect the environment, control vegetation, improved performance  Community Health: Safe and consistent road conditions, separation of road users, minimise environmental impacts The opportunity Council provides to property owners to consider road and drainage upgrades confirms Council’s commitment to improve and or comply with the stated community service levels. This would also deliver on Council’s commitment to improve the liveability, township character and both the built and natural environment for residents and ratepayers within the Shire’s urban areas.

Finances Owners of each property were levied the amounts based on an estimate of the cost of the works. It has been calculated that the final costs will be less than these estimated costs.

Bass Coast Shire Council Page 96 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Some of the project costs cannot or are not included in the overall scheme costs. This includes costs related to legal advice regarding VCAT hearings and other construction activities that were considered to be part of the project but no special benefit was gained by the affected landowners. The total value of costs that cannot be attributed to the property owners is detailed in the following table.

Item Actual Costs VCAT costs $29,768.91 Public Lighting costs $33,505.00 Total $63,273.91

The estimated costs of all works in the scheme were $2,094,523.15. The actual final cost of all works included within the scheme is $1,525,102.05. This equates to an overall reduction of $569,421.10 or 27.186%. Therefore, based on the actual costs the revised Maximum Total Levy Amount is as follows. Scheme Actual Difference Levy Scheme Costs Total Scheme Costs, C $2,094,523.15 $1,525,102.05 $569,421.10 Property Benefit Ratio, R 0.30007 0.30007 Total Community Benefit $1,466,019.59 $1,067,464.67 $398,554.92 Maximum Total Levy Amount, S $628,503.56 $457,637.37 $170,866.19

The refund of $569,421.10 is shared between Council and the property owners included within the scheme based on community benefit ratio percentage of 30.007% for landowners and Council, based on the community benefit calculation as set out in the original declaration. Therefore, a refund is applicable to all properties included within the scheme, as shown in attachment AT-3. In total the sum of funds to be refunded to property owners equates to $160,965.48, which is the difference in the original Maximum Total Levy Amount and the revised Actual Scheme Costs minus the difference in Council’s Contribution to the maximum levy of $9,900.71. The bulk of this refund to properties will be funded from reserve funds in the “future sustainability fund” reserve that has funding of $135,000 specifically set aside for this purpose. The balance of funds will be required to be funded through budget savings in the 2015/2016 financial year budget.

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Stakeholders The primary stakeholders are the scheme contributors who have funded the works included in the scheme. Secondary to this, VicRoads has been a key stakeholder in the project as Graham Street is part of the Bass Highway and the broader arterial network. Other stakeholders include visitors to the area and users of the infrastructure implemented as part of the project, considered as part of the Community Benefit contribution.

Statutory Requirements/Codes/Standards/Policies All statutory requirements in relation to the Special Charge Scheme procedures, tendering and construction have been met to date. The only remaining statutory requirement is for Council to finalise the scheme and advise landowners of the final actual cost. Section 163 of the Local Government Act outlines the formal process for implementing a special rate or charge. Section 163(1) states that: “Council may declare a special rate, special charge or a combination of both only for the purposes of defraying any expenses in relation to the performance of a function or the exercise of a power of the Council, if the Council considers that the performance of the function or the exercise of the power is or will be of special benefit to the persons required to pay the special rate or special charge.” This includes the provision and upgrade of road and drainage infrastructure. Section 165 applies to situations where Council receives excess money from the estimated costs for the special charge scheme and is required to refund these costs back to the affected property owners. Council is required to make a refund, proportionate to the contributions received by Council, to the current owners of the relevant land. Refunds are in the range of approximately $360 to $4,100 and are dependent on the size of the property. As can be seen in the table outlining the project cost breakdown the major savings are within the estimated costs for the preliminary works and the provisional items. The provisional items estimates are based on potential unknowns at the time the scheme was prepared. The significant savings have occurred from savings in service asset relocations. By proving the potential clashes, additional design work was undertaken to avoid these clashes, thus reducing these potential costs. By adopting this method it affects the overall design costs but still provides significant cost savings in construction. For the complete list of refunds applicable to the affected properties, refer to attachment AT-3.

Other Options If Council receives more money than it requires from the special rate or charge, it must make a refund to the current owners of the land in accordance with Section 165 of the Local Government Act. There are no other options available.

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Officer’s Conclusion and Recommendation The Graham Street area between McKenzie Street and Fincher Street, including Bent Street and Lynch Close, had a range of pre-existing problems identified by property owners and residents over many years. This included issues with inundation due to lack of drainage, unsealed shoulders and the amenity of the eastern entrance to Wonthaggi. The upgrade of the Graham Street area between McKenzie Street and Fincher Street means that these issues have been addressed with construction of sealed roads, drainage and disability compliant pathways. This road and drainage improvement project has therefore met Council’s objective to improve the liveability for its ratepayers in the Graham Street area, Wonthaggi. In addition to this, the project has resulted in reduced maintenance and operating costs which aids Council to keep rates affordable for the community. The final costs are 27.2% less than those levied and a reduction is due to each property. Council Officers have calculated the amounts that have been paid in excess of the actual cost and will be required to either issue a refund to those landowners who have paid the special charge or reduce the outstanding principal balance for those landowners who are yet to complete payment of the scheme. Therefore it is recommended that in accordance with the Local Government Act 1989, Council resolves to formally issue a refund to those affected property owners.

Recommendation In accordance with Section 165 of the Local Government Act 1989 Council resolves to: 1. vary the amount to be recovered from property owners by decreasing the amount payable from the estimated amount of $2,094,523.15 to the actual cost of $1,525,102.05. 2. refund the excess contributions to the property owners of properties where the charge has been paid in full; or reduce the outstanding principal balance for those property owners who have not yet completed payment, by reducing the amount payable by an amount proportionate to the contributions received by the property owners.

Attachments

AT- Functional Layout Plans Graham Street Wonthaggi Urban Area 9 1 Upgrade Pages

AT- Final Declaration Graham Street Wonthaggi Urban Area Upgrade 6 2 Pages

AT- Final Costs and Refund Table Graham Street Wonthaggi Urban Area 2 3 Upgrade Pages

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Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Andrew Phillips That the recommendation be adopted. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 100 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.8 Sunset Strip Road and Drainage Upgrade - Adoption of Concept Design

File No: CM16/335 Department: Infrastructure Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.

Previous Items: SR7/15 - Sunset Strip Estate Potential Road and Drainage Upgrade - Results of Further Community Questionnaire - Council - 18 Feb 2015 5.00pm SR6/14 - Sunset Strip Estate Proposed Road and Drainage Upgrade - Results of Community Questionnaire - Council - 17 Sep 2014 5.00pm SR7/14 - Sunset Strip Proposed Road and Drainage Upgrade - Results of Community Sessions - Council - 16 Jul 2014 5.00pm

Declaration The author has no direct or indirect interests in relation to this report.

Summary On 18 February 2015, Council resolved at the Ordinary Meeting, that: 1. Council proceeds to the planning phase, which shall include the preparation of concept plans, cost estimates and a distribution of costs, for a potential road and drainage upgrade project for Sunset Strip estate. These plans will consider three alternatives:- a. The provision of drainage only. b. The provision of drainage plus the inclusion of road improvements within the higher trafficked roads including Sunset Drive, Panorama Drive, Bermagui Crescent, Happy Valley Road, Service Road Back Beach Rd and Service Road Phillip Island Road. c. The provision of drainage plus road improvements for all streets within Sunset Strip estate. 2. These concept plans to be presented back to Council for consideration In accordance with the 18 February 2015 resolution, the purpose of this report is to present the concept plans to Council with a view to adopt one of the options as the preferred concepts for the Sunset Strip estate. Since February 2015, Council officers have been through a process of community engagement to assist in the development of a range of different concept design options. Four concept design options have been developed and cost estimates for each option have been undertaken.

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In April 2016, a questionnaire was provided to those property owners within the Sunset Strip estate that would gain a benefit from a proposed upgrade of roads and/or drainage. Of the four concept design options the results of the survey determined the preferred concept options in order of preference from most preferred to least preferred, were as follows.  Option 1 o The provision of drainage only  Option 4 o The provision of drainage plus road improvements for all streets within Sunset Strip estate. The drainage component will consist of a combination of piped drainage and swales  Option 3 o The provision of drainage plus road improvements for all streets within Sunset Strip estate  Option 2 o The provision of drainage plus the inclusion of road improvements within the higher trafficked roads, namely Sunset Drive, Panorama Drive, Bermagui Crescent, Happy Valley Road and the service roads along Back Beach Road and Phillip Island Road It is therefore recommended that Council resolve: 1. To adopt Sunset Strip Road and Drainage Upgrade Option 1 – Drainage Only as the approved design for the proposed upgrade to infrastructure within the Sunset Strip Estate, at this stage. 2. To implement the upgrade of infrastructure within the Sunset Strip Estate as per Sunset Strip Road and Drainage Upgrade Option1 – Drainage Only, with the upgrade to be partly funded by property owners in accordance with the Special Rates and Charges provisions of the Local Government Act 1989. 3. To consider a further report at a future Meeting of Council, detailing the proposed funding model for the implementation of Sunset Strip Road and Drainage Upgrade Option 1 – Drainage Only for the Sunset Strip Estate. 4. That any future road infrastructure upgrades within the Sunset Strip Estate, subsequent to the upgrade of drainage as per Sunset Strip Road and Drainage Upgrade Option 1 – Drainage Only, be in accordance with Option 4 as outlined in this report. 5. To advise property owners via post of Council’s resolution.

Background In March 2014, Council Officers held two community forums and invited property owners from the Sunset Strip estate to attend. The purpose of this forum was to speak with and listen to members of the community in relation to the issues and problems that they experience within the Sunset Strip area. The session was designed to provide property owners a forum whereby they could explain their issues, problems and views relating to the infrastructure, or lack thereof, in the area.

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In addition to this, it provided property owners the opportunity to explain to Council officers what their vision for the streetscape would be, if a road and drainage upgrade project was to occur in their estate. The focus of the discussions at the community forums were around four key areas, where local information was pivotal to gain an understanding of the issues and views. These four key areas were:  stormwater drainage related issues  traffic and safety related issues  vision for the streetscape including trees/vegetation/landscaping  particular individual property issues These forums enabled officers to obtain detailed and specific local information on issues that could only be addressed through the development of a concept design for road and drainage improvements. In turn it provided property owners the opportunity to have input on the proposed project in relation to their specific needs. Subsequent to the forum, a report was presented to Council at the 16 July 2014 Council meeting which discussed the outcomes of the community forum. The report concluded that from the range of infrastructure issues highlighted by the community in the Sunset Strip area, most could only be resolved through the upgrade of both roads and drainage infrastructure in the area. At this meeting Council resolved to survey property owners within the Sunset Strip estate who would benefit from a road and drainage upgrade project. The purpose of the survey was to gauge the community’s view on a road and drainage upgrade project being undertaken in the Sunset Strip estate, which would be funded through a special charge scheme. The results of the survey were presented to Council at the 17 September 2014 Council Meeting. Each property owner within the Sunset Strip area had the opportunity to express their position through the survey on whether they would be prepared to contribute towards the costs of any road and drainage improvements within the area, based on the estimate provided. The estimate of costs provided was based on the average sized property of the last two similar road and drainage upgrade projects undertaken through a special charge scheme. These were South Dudley Estate, South Dudley and Pine Avenue and Churchill Drive Area, Cowes which cost an average sized property between $14,000 and $15,000, respectively. The results of the survey were as follows:  responses were received from 195 (56%) of property owners  the remaining 151 (44%) of property owners did not take the opportunity to respond to the questionnaire  overall, the responses showed that 139 of the 195 property owners that responded (40% of total property owners) would not be willing to contribute towards the costs of works to upgrade roads and drainage in the area  the remaining 56 (16%) of property owners responded expressing that they would like the road and drainage upgrade to occur and would be willing to contribute towards the project

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Based on the results of the questionnaire, 40% of the total number of property owners indicated that they would not be willing to contribute to a road and drainage upgrade project. Due to the high proportion of non-respondents (ie 44% of property owners), Council resolved at its meeting of 17 September 2014 to undertake further consultation including an additional questionnaire to gain a better representation of all property owners. Following the 17 September 2014 Council resolution, a letter advising property owners of Council’s decision was sent after the Council meeting. An additional letter together with information sheets was sent out on 30 October 2014 and a second questionnaire was sent to property owners on 24 November 2014, with a view to gain a greater level of response from property owners than the first questionnaire. The four questions included on the second questionnaire were as follows: 1. Do you think there is a need for road and drainage improvements in the Sunset Strip estate? (NEED) 2. Would you like to see a concept plan and costings prior to making a decision? (CONCEPT) 3. Would you be willing to contribute, via a Special Charge Scheme, to road and drainage improvement works for Sunset Strip estate? (CONTRIBUTE) 4. Having read the information of the repayment options outlined, would you still require additional financial assistance in order to pay for any potential road and drainage improvements in Sunset Strip estate? (ASSISTANCE) While the questionnaire was open, a forum was run by a Phillip Island South Coast Community Group on 12 December 2014 to discuss the potential road and drainage project and Council’s policy. Council officers were invited to attend in order to answer questions as required. Following this the results of the second questionnaire were received and were as follows:  responses received from 220 (63%) of property owners  the remaining 126 (37%) of property owners did not take the opportunity to respond to the questionnaire The responses to the four questions are shown in the table below. Yes No No response received Question1 – Need 114 106 126 Question 2 – Concept 111 109 126 Question 3 – Contribute # 51 or 15% # 163 or 47% 132 Question 4 – Assistance 122 61 163 # number expressed as a percentage of total property owners

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Of those who responded:  114 felt there was a need for an upgrade, but 60 of those did not want to contribute  163 advised that they were not willing to contribute, and of those 61 felt that improvements were needed and 32 also wanted to see a concept  56 respondents advised that they were not willing to contribute but would still like to see a concept plan developed Further,  122 responded that they would require further financial assistance if the project was to proceed. This could be in the form of payment plans or qualification for financial hardship  88 have responded they are not willing to contribute primarily due to being unable to afford it. On 18 February 2015, Council resolved at the Ordinary Meeting, that: 1. Council proceeds to the planning phase, which shall include the preparation of concept plans, cost estimates and a distribution of costs, for a potential road and drainage upgrade project for Sunset Strip estate. These plans will consider three alternatives: a. The provision of drainage only. b. The provision of drainage plus the inclusion of road improvements within the higher trafficked roads including Sunset Drive, Panorama Drive, Bermagui Crescent, Happy Valley Road, Service Road Back Beach Rd and Service Road Phillip Island Road. c. The provision of drainage plus road improvements for all streets within Sunset Strip estate. 2. These concept plans to be presented back to Council for consideration. To help Council officers in developing these concepts, and to ascertain the community’s views on specific elements of the design, a number of community workshops were held. Parameters of the design where feedback was sought from the community included drainage, the local area traffic management plan, pedestrian movements, vehicle movements, parking and property access, as well as the streetscape design and aesthetic. Two community workshops were arranged for the purpose of gathering this information. Community workshop #1 The first workshop was held on Saturday 11 July 2015. There were 49 property owners in attendance on that day representing 35 properties within the estate. Five additional responses were received either via email or phone call as a result of information published on Council’s website in relation to this workshop. Three key elements of the design that were discussed with the community were as follows:  local area Traffic Management Plan  pedestrian movement and external intersection

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 streetscape Community workshop #2 The second workshop was held on Saturday 10 October 2015. There were 21 property owners within the estate in attendance on that day representing 18 properties. Thirty seven (37) additional responses were received from an online survey with 10 of those being invalid due to questions not being answered. Four key elements of the design that were discussed with the community at the second workshop were as follows:  streetscape  pedestrian footpath  on street parking and access  drainage Following each community workshop the information gathered was posted on Council’s website. This was for property owners that were unable to attend the workshops, to review and provide their feedback on the information that was gathered during the community workshops. In December, Council officers briefed Council in regards to the outcomes of the community consultation at that stage. This briefing was to provide Council with an update on the progress of the design and the consultation. In addition to this the concept options regarding the drainage design were discussed. At this briefing Councillors discussed providing an alternative drainage design option which would include water sensitive urban design options to complement the underground drainage. As such four options were developed to be presented to the community. These were as follows:  Option 1 o The provision of drainage only  Option 2 o The provision of drainage plus the inclusion of road improvements within the higher trafficked roads, namely Sunset Drive, Panorama Drive, Bermagui Crescent, Happy Valley Road and the service roads along Back Beach Road and Phillip Island Road  Option 3 o The provision of drainage plus road improvements for all streets within Sunset Strip estate  Option 4 o The provision of drainage plus road improvements for all streets within Sunset Strip estate. The drainage component will consist of a combination of piped drainage and swales Each of these concept design options has been developed and estimates of cost have been undertaken. A copy of the concept design options and apportionment cost estimates are included within attachments AT-1 to AT-12.

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In March 2016, Council Officers presented the concept design options to property owners, along with the total estimated cost of each option and an estimated cost to individual property owners for each option. This was followed by a community meeting where all property owners were invited. This was an opportunity for property owners to discuss any particular elements of the designs, the costs related to each of the different options and to ask any questions that they may have regarding the process to date and the way forward. Following this community meeting a questionnaire was sent to property owners. The purpose of the questionnaire was to ascertain which of the four different options was considered to be the preferred overall option of the property owners within the estate. The results of the questionnaire have been received. The questionnaire officially closed on 15 April 2016, however questionnaires that have been received after this date have been considered in this briefing paper. As of 26 April, 192 questionnaires representing the same number of properties had been received. This represents a response of 56% from the total number of 344 properties. A copy of these results is included in AT-13. All property Owners names and address details have been removed from the attachment in order to ensure Council does not contravene the Privacy Act. Of the 192 property owners that responded to the questionnaire, 129 property owners expressed their opinion in terms of a preferred option. These results are shown in the table below.

Total

Total number of Properties 344

Total number of Respondents to Questionnaire 192

Options With Without Total Footpath Footpath

Option 1 --- 62 62

Option 2 8 8 16

Option 3 13 10 23

Option 4 19 9 28

Total 40 89 129

Of the 192 property owners that responded to the questionnaire, 63 property owners chose not to select an option and in turn chose to note their objection to the proposed upgrade by noting in the comments section their objection.

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In addition to this there was a further 21 property owners that selected their preferred option however also noted that they did not support the proposed road and drainage upgrade. Given this and the 63 property owners that responded saying they object to the proposed road and drainage upgrade, the total number of respondents that have noted their objection is 84 out of the 192 questionnaires received.

Strategic Basis The Local Government Act 1989 The Act sets out the objectives of Councils. Section 3C of this Act states that: “the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of its decisions and in doing so, must have regard to the facilitating objective to improve the overall quality of life of people in the local community.” Bass Coast Planning Scheme Prior to the implementation of the Town Planning Act (circa 1970), Council’s had no way of requiring developers to consider the social, environmental and cultural wellbeing of a community as part of proposed development. This meant there were a large number of residential areas throughout Victoria that do not meet the most basic of requirements under today’s planning schemes. Under the current Bass Coast Planning Scheme, there are a number of key objectives each new development needs to achieve prior to it being approved. These objectives are around social, environmental and liveability of an area. The Council Plan 2013-2017 The Council Plan 2013-2017, adopted by Council at its 19 June 2013 ordinary meeting, outlines its key strategic objectives by which it intends to address the planning scheme. The Council Plan includes a Strategic Objective regarding Sustainable Development and Growth. This objective is underpinned by the strategy that Council will: “Provide infrastructure and facilities that are well managed, affordable and are suitable for the communities need.” The Council Plan also has Principles which apply to these types of road and drainage improvement projects:  the social, environmental and economic priorities of the Shire benefit both current and future generations  equity in the distribution of resources across the Shire  transparent evidence-based and inclusive decision making  the provision and use of energy and resources will be promoted in an efficient and sustainable way In order to achieve this strategic objective and principles, Council has a number of existing strategies, plans and policies to manage our resources effectively, whilst providing and improving infrastructure within the Shire. These existing strategies, plans and policies include the Urban Roads and Drainage Improvement Policy.

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Asset Management Policy Council’s Asset Management Policy outlines that Council’s goals with respect to the way in which it manages infrastructure includes:  taking a forward-looking, long-term and ‘whole of life’ view to the provision and management of infrastructure for service delivery  understanding and taking into account community expectations in all significant decisions affecting infrastructure The Urban Roads and Drainage Improvement Policy, in line with the Asset Management Policy, aims to ensure that the long-term and ‘whole of life’ costs of the infrastructure, included as part of these upgrade projects, minimises the impact to Council’s renewal and maintenance demands. The goal of the Asset Management Policy is to ensure infrastructure decisions made today will not leave a significant cost burden on future communities to fund the high maintenance and renewal costs of inappropriate infrastructure. Urban Roads and Drainage Improvement Policy The Urban Roads and Drainage Improvement Policy states that:  Council is committed to provide road, road related and pathway infrastructure within urban areas across the Shire that continues to meet the community needs both current and in future  Council is committed to ensure stormwater is managed effectively in all urban areas across the Shire Whilst Council has no statutory obligation to improve local road and drainage infrastructure, the upgrade of road and drainage infrastructure across the Shire goes towards achieving the primary and facilitating objective of a Council under the Local Government Act 1989. The primary aim of the Urban Road and Drainage Improvement Policy is to provide a policy framework to improve the overall quality of life for citizens that live within areas across the Shire that have little or no road and drainage infrastructure. The existing policy highlights Council’s commitment to improving infrastructure for residents and ratepayers within urban areas. The Bass Coast Shire Roads Services Asset Management Plan 2014 (RSAMP) The RSAMP provides community service levels. The proposed project aligns with the five community service levels:  Accessibility: Road condition, access is maintained, minimise environmental impacts loss of road material, whole of life costs considered in balance of the service standard  Connectivity: Pathway condition, safe paths, links to open space and public transport; whole of life costs considered in balance of the service standard; consideration of people with special needs  Drainage Control: Protect the environment, control surface water, improved performance  Amenity: Deliver urban streetscape responsibly, protect the environment, control vegetation, improved performance Bass Coast Shire Council Page 109 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 Community Health: Safe and consistent road conditions, separation of road users, minimise environmental impacts The opportunity Council provides to property owners to consider road and drainage upgrades confirms Council’s commitment to improve and or comply with the stated community service levels. This would also deliver on Council’s commitment to improve the liveability, township character and both the built and natural environment for residents and ratepayers within the Shire’s urban areas.

Finances Given Council’s current financial position and the rate cap environment, in order for a project of this nature to be undertaken it would likely require Council to implement a user pays special charge on those properties that receive a benefit from the proposed works. In addition to this Council would be required to borrow funds to cover the broader community benefit component of the project which would require Council’s contribution. Each of the design options would have a varying impact on the funds required from property owners and from Council. This is detailed below. Option Estimated Estimated Estimated Total Cost to Cost to be Council Estimated Average apportioned Contribution Project Sized between Cost Property Property Owners Option 1 $8,669 $3,031,256 $233,073 $3,264,329 Option 2 $16,738 $5,118,052 $1,802,592 $6,920,644 Option 3 $19,079 $7,106,795 $951,423 $8,058,218 Option 4 $19,226 $7,158,355 $1,084,609 $8,242,964

In addition to funding Council’s contribution through borrowings, Council may be required to fund the upfront cost of works not yet recovered from property owners through borrowings. These funds however would be recovered over the term of the proposed instalment arrangement through property owner’s payment of the special charge by instalments. The current expenditure to date for the investigation, planning, consultation, design and estimates is outlined in the table below. Financial Year Actual External Expenditure Funding 2011/12 $1,934 $0 2012/13 $8,293 $0 2013/14 $25,421 $0 2014/15 $106,154 $60,000 2015/16 $81,843 $0

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The current total expenditure to date on the project is $223,645 which includes external funding of $60,000 towards the development of a drainage strategy for the Smiths Beach and Sunset Strip area. The contribution from Council is $163,645 which includes all of the work and external studies for the investigation, planning, consultation, design and estimates to date. Based on the results of the survey regarding the preferred option, Option 1 – Drainage Only was the preferred option. This was followed by Option 4 – Road and Drainage including alternate drainage design (ie swales). If Council was to proceed with the drainage only option, then there would be costs included in the expenditure to date, for example the local area traffic management study that could not be recovered through a potential drainage project as they have no relevance to a drainage only scheme and would therefore be a sunk cost. The estimated sunk costs should Council proceed with a drainage only project through a special charge scheme would be in the order of $35,000. If Council was to proceed with Option 4 these sunk costs could be recoverable through a potential scheme. If Council was to abandon the project at this stage then the full $163,145 contribution from Council to date would be a sunk cost.

Stakeholders There are various stakeholders that would need to be considered as part of any potential road and drainage upgrade in the Sunset Strip estate. There are approximately 345 properties which may get a direct benefit from a potential road and drainage upgrade in the Sunset Strip estate. Other stakeholders include:  property owners in the area that may get a benefit but indirectly  other ratepayers of Bass Coast Shire  visitors to the area  Phillip Island South Coast Communities Group  Bass Coast Shire Council  Melbourne Water  Vic Roads

Statutory Requirements/Codes/Standards/Policies Council’s current Urban Roads and Drainage Improvement Policy sets out the priority program for Urban Road and Drainage Improvement Projects and sets out the policy steps for Council to plan and deliver a project of this nature. Sunset Strip is currently the highest priority within the Urban Road and Drainage Improvement program. As outlined in the policy the funding mechanism for delivering Urban Road and Drainage Improvement Projects shall be adopted through Council resolution. Sources of funding may include, but not limited to the following:

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 a direct Council contribution including various infrastructure elements as outlined below  external grants, funding or contributions  a special rate or charge in accordance with Section 163 of the Local Government Act 1989 (the Act)  a combination of all of the above Section 163 of the Act enables Council to make a declaration to recoup the costs from persons considered to benefit from the works through a special charge scheme. Council has successfully implemented these types of schemes in the past. Section 163A of the Act outlines the submission process. This section of the act states: A person may make a submission under section 223 in relation to a Council’s proposal to make a declaration under section 163. Under Section 223 of the Act any person is eligible to make a submission regarding the proposed special charge. Those landowners included within the scheme will be advised that they can make a written submission and they can request to speak to their submission and have it heard by a Committee of Council, should they wish to do so. A submission made under Section 163A of the Act can also be an objection to the proposed declaration. Section 163B of the Act outlines the objection process. This process considers the level of written objections that are received in relation to the proposed special charge. Council must consider the number of objections if the maximum total levy or the total amount to be recovered from landowners, exceeds two thirds of the total costs of the scheme. Section 163B(6) of the Act states: A Council cannot make a declaration if the Council receives objections from persons who will be required to pay the special rate or special charge in respect of a majority of the rateable properties in respect of which the special rate or special charge would be imposed. This means that in accordance with Section 163B of the Act, if a majority of property owners who are included within the proposed scheme and are required to pay a special charge, provide a written objection as part of the submission process, Council must abandon the scheme as per the proposed declaration. Notwithstanding this, Council can declare a drainage only scheme under Section 163B in the interest of public health. This is in addition to other more practical reasons as to why Council would propose a drainage scheme. Section 163(b)(2) of the Act states that Council may decide to proceed with a special rate or charge scheme with less than the majority support in accordance with Section 163B of the Local Government Act if:  The levy of the special rate or charge does not exceed two thirds of the total cost, in this case Council would need to contribute at least one third of the total cost; or  A drainage special rate or charge scheme is required for reasons of public health.

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Factors considered under the premise of public health could include but not be limited to:  Passing of storm water through and around properties  Contamination and stagnation of water in properties for periods of time  Deposition of silt within properties  Persistent, medium term dampness  Cases of forced evacuation due to properties being in an unoccupiable state  Damage and financial loss

Other Options Do not proceed The potential road and drainage upgrade in Sunset Strip estate has been listed on Council’s 10 year program and posted on Council’s website for the past few years. The former Shire of Phillip Island was potentially looking at a proposed upgrade, around the time of Council amalgamations in 1996 and long term property owners contacted Council through various avenues trying to raise its priority up the list. Council’s current policy indicates its commitment to upgrading road and drainage infrastructure in urban areas throughout the Shire. The Phillip Island South Coast Communities – Community Plan clearly identifies the lack of appropriate road, pathways and drainage infrastructure as a major concern in this community. It is also clear from the information provided at the community forums and through anecdotal evidence by Council’s maintenance staff that there are a broad range of drainage issues in the Sunset Strip estate. These issues could only be resolved through works that would be undertaken as part of a road and drainage upgrade. The works would include the provision of appropriate underground drainage which would collect stormwater from both properties and the roads and direct it into an underground drainage system. This would eliminate water flowing through properties from adjacent properties as well as off road ways. Sealing of the roads within the estate would in turn improve the water quality in the receiving waterways as it would no longer be subject to inflows of silts and gravels during storm events. Additional water quality treatments identified within the drainage strategy will also contribute to the overall improvements to the receiving waterway and in turn Bass Strait. To abandon a potential upgrade at this stage would not be consistent with current Council policy. It would leave a large number of property owners experiencing inundation at frequent intervals in the future. It is also likely with the residential development increasing in this estate, these drainage issues will only get worse in the long term.

Bass Coast Shire Council Page 113 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

As the condition of the existing dust suppression seals in the estate continues to deteriorate, the likelihood of the dust suppression roads being returned to their previously unconstructed state in the next few years increases. It will therefore become even more important for the upgrade of roads and drainage to be implemented.

Officer’s Conclusion and Recommendation Based on the feedback from property owners within the estate, through the results of the questionnaire the preferred option is to undertake the drainage only. Whilst this will resolve the issues relating to drainage within the estate it would not resolve the issues related to poor road infrastructure as noted earlier in this report. Notwithstanding this, should Council resolve to undertake a drainage only project at this stage, it would not inhibit the upgrade of road infrastructure to be undertaken at some point in the future, should the views of the community change. Following the drainage only option, the next preferred option was Option 4 which would include road infrastructure upgrades and the inclusion of swales into the drainage concept. Given the extensive consultation process to date and the engagement that has been undertaken with the community, it is recommended that Council move forward with the project in accordance with the results of the survey, namely as a drainage only upgrade project. If at some point in the future the Sunset Strip Community or groups of property owners in individual streets wish to have their streets upgraded then it is recommended that these roads be undertaken in accordance with Option 4.

Recommendation That Council resolves: 1. to adopt Sunset Strip Road and Drainage Upgrade Option 1 – Drainage Only as the approved design for the proposed upgrade to infrastructure within the Sunset Strip Estate, at this stage. 2. to implement the upgrade of infrastructure within the Sunset Strip Estate as per Sunset Strip Road and Drainage Upgrade Option1 – Drainage Only, with the upgrade to be partly funded by property owners in accordance with the Special Rates and Charges provisions of the Local Government Act 1989. 3. to consider a further report at a future Meeting of Council, detailing the proposed funding model for the implementation of Sunset Strip Road and Drainage Upgrade Option 1 – Drainage Only for the Sunset Strip Estate. 4. that any future road infrastructure upgrades within the Sunset Strip Estate, subsequent to the upgrade of drainage as per Sunset Strip Road and Drainage Upgrade Option 1 – Drainage Only, be in accordance with Option 4 as outlined in this report. 5. to advise property owners via post of Council’s resolution.

Bass Coast Shire Council Page 114 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Attachments

AT-1 Sunset Strip Road and Drainage Upgrade Option 1 Drainage Only 1 Page

AT-2 Sunset Strip Road and Drainage Upgrade Option 1 Drainage Only 1 Page Cross Section

AT-3 Sunset Strip Road and Drainage Upgrade Option 2 Partial Roads and 1 Page Drainage

AT-4 Sunset Strip Road and Drainage Upgrade Option 2 Partial Roads and 1 Page Drainage Cross Section

AT-5 Sunset Strip Road and Drainage Upgrade Option 3 Full Road and 1 Page Drainage

AT-6 Sunset Strip Road and Drainage Upgrade Option 3 Full Road and 1 Page Drainage Cross Section

AT-7 Sunset Strip Road and Drainage Upgrade Option 4 Full Road Partial 1 Page Drainage Partial Swale

AT-8 Sunset Strip Road and Drainage Upgrade Option 4 Full Road Partial 1 Page Drainage Partial Swale Cross Section

AT-9 Sunset Strip Road and Drainage Upgrade Option 1 Costings 7 Pages

AT- Sunset Strip Road and Drainage Upgrade Option 2 Costings 6 10 Pages

AT- Sunset Strip Road and Drainage Upgrade Option 3 Costings 6 11 Pages

AT- Sunset Strip Road and Drainage Upgrade Option 4 Costings 6 12 Pages

Bass Coast Shire Council Page 115 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Council Decision Moved: Cr. Kimberley Brown / Seconded: Cr. Neil Rankine That Council: 1. Resolves to not progress the upgrade of the Sunset Strip Road and Drainage Upgrade at this time. 2. Approves the concept design for any future upgrade (or partial upgrade) of infrastructure within the Sunset Strip Estate to be in accordance with design Option 4 which includes the provision of drainage plus road improvements for all streets within Sunset Strip estate. The drainage component will consist of a combination of piped drainage and swales. 3. Resolves to advise property owners via post of Council’s resolution. CARRIED

For Against Cr Brown Cr Drew Cr Crugnale Cr Le Serve Cr Phillips Cr Wright Cr Rankine

Bass Coast Shire Council Page 116 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.9 The Esplanade, Sunderland Bay and Surf Beach Shared Path Alignment - Results of Community Consultation

File No: CM16/373 Department: Infrastructure Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.

Declaration The author has no direct or indirect interests in relation to this report.

Summary As part of the 2015/2016 financial year Capital Works Program budget, Council included funding of $25,000 to undertake a design feasibility and investigation for a proposed shared pathway along The Esplanade from Sunderland Bay to Surf Beach. As part of the design feasibility and investigation Council officers have undertaken broad community consultation with the community within Sunderland Bay and Surf Beach, community groups, Phillip Island Nature Park (PINP) and Department of Environment, Land, Water and Planning (DELWP), to inform the preferred alignment. The purpose of this report is to present Council with the proposed alignment for the shared path along The Esplanade in Sunderland Bay and Surf Beach based on the results and feedback from this consultation. This report recommends: That Council: 1. adopts the proposed alignment of The Esplanade Sunderland Bay and Surf Beach shared path in accordance with AT-4 Preferred Alignment Plans attached to this report. 2. incorporates the proposed alignment into Council’s Bass Coast Aspirational Network Pathways Plan 2016. Background The Esplanade is a 3.7km long coastal road running along the southern side of Sunderland Bay and Surf Beach on Phillip Island (Figure 1). The proposed path is generally located within the existing road reserve which is managed by Council, however a section in one of the options is located on Crown Land which is managed by Phillip Island Nature Parks.

Bass Coast Shire Council Page 117 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Figure 1: The Esplanade – Sunderland Bay and Surf Beach

In November 2010, the Phillip Island South Coast Community Plan for Smiths Beach, Sunderland Bay, Sunset Strip and Surf Beach (AT-1) was completed as part of the Bass Coast Place Based Community Planning Project. As part of this community plan, a survey was conducted amongst community members to help identify:  what the community values are  what the problems and needs of the community are  develop and implement action plans that address the problems and needs of the community The survey identified that pathways were one of the top needs of the community. These needs included a “coastal walking track, more footpaths, increased bike path links and increased beach access.” The survey also found that “84% of survey participants supported a coastal walking track linking townships along Phillip Island’s South Coast.” The Phillip Island Nature Parks – Phillip Island South and North Coast Key Area Plan - October 2014 (AT- 2), has also listed this proposal as a moderate to high priority on their list of recommended actions. In 2015, Council commenced a preliminary feasibility and investigation for a shared path in this location. During this time, Council consulted with a representative from Phillip Island Nature Parks and the Department of Land, Water, Environment and Planning to assist in the development of the path alignment. The general alignment of the path runs along the southern side of The Esplanade within the road reserve. However, preliminary investigations revealed that in three locations having the path alignment on the south side of the road may not be the most feasible alignment. This was for a variety of reasons, which included but was not limited to improved connectivity, impacts on secondary dunes, shearwater habitat, potential cultural heritage sites, amongst others.

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Three concept options (AT-3) were developed for each of the following three areas:  Sunderland Bay Road Area o Option 1: A shared path connecting existing shared path along Sunderland Bay Road to the carpark and the start of the existing boardwalk o Option 2: Same as option one with the addition of a shared path along The Esplanade o Option 3: An elevated boardwalk to connect the existing shared path along Sunderland Bay Road to the existing boardwalk.  Glen Street – Dunvegan Crescent Area o Option 1: Formalise this section as a shared zone o Option 2: Continuation of the shared path through the area o Option 3: Redirect path users to Phillip Island Road  Pine Avenue – Beach Street Area o Option 1: Continue the shared path along the south side of The Esplanade as a boardwalk o Option 2: Continue the shared path along the south side of The Esplanade as a boardwalk with a section weaving through the sand dunes o Option 3: Construct this section along the northern side of The Esplanade An assessment of these options was developed by Council officers. Each of these alignment options, in each of these locations, was assessed against the following weighted criteria and scored in accordance with the matrix analysis method (AT-5) attached: 1. Public Safety; Interaction between vehicular and bicycle/pedestrian traffic. 2. Provide a good walking and riding experience for pedestrians and cyclists, respectively. 3. Design considerations (Austroads Road Design Part 6A). 4. Minimise loss to existing vegetation within the Road Reserve. 5. Minimise disturbance to areas where shearwater birds may be nesting. 6. Minimise disturbance to areas where cultural heritage sites may be present. 7. Provide better pedestrian and bicycle traffic links to residential areas within Sunderland Bay and Surf Beach. 8. Opportunity for future expansion of path (PINP South Coast Trail Plan). 9. Impact on service alterations required for shared path construction. Based on this assessment, the preferred option at each of these locations was assessed as outlined below and was considered to be the preferred alignment that presented the best balance of the range of design criteria.  Sunderland Bay Road Area: Option 2  Glen Street – Dunvegan Crescent Area: Option 1

Bass Coast Shire Council Page 119 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 Pine Avenue – Beach Street Area: Option 2 Community Consultation Feedback Community drop-in sessions were scheduled by Council officers for late April 2016, to be held on both a Friday and Saturday session in order to provide as many property owners as possible the chance to participate in the development of the preferred alignment. Namely in the three locations at the Sunderland Bay Road Area, the Glen Street – Dunvegan Crescent Area and the Pine Avenue – Beach Street Area. A mail out (966 letters) was sent out in early April 2016 to every property owner in the Sunderland Bay and Surf Beach Area to inform them about the community drop- in sessions. The community drop-in sessions took place at the Surfies Point carpark in Sunderland Bay on 29 and 30 April 2016. A total of 149 landowners (15%) participated in the consultation process including a number of residents that contacted Council before and after the drop-in sessions. During the drop-in sessions, participants were presented with the concept plans (AT- 3), along with supporting information such as the community plan and maps indicating the location of shearwater nesting areas and areas of cultural heritage sensitivity. After being briefed by Council officers of the proposal, the participants were then given the opportunity to vote on their most preferred alignment (AT-4) in the three different areas as well as provide general feedback on the proposal. In each of the three areas, participants were asked to nominate their most preferred, second preferred and least preferred options. The results of the votes are shown below:

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The Phillip Island Integrated Transport Study Community Reference Group (PIITS CRG) also reviewed the proposal and overall welcomes the development of the shared path. The PIITS CRG preferred alignments in each of the three areas reflected the views of the community. Out of the 149 participants, 42 also provided further written feedback and comments on the project in addition to voting for their most preferred option. The feedback and comments were related around topics such as the impact on the environment, construction materials and alignment of the proposed path. Generally, those that did not provide additional feedback were pleased with the proposal and were eager for the project to move forward. All of the community's feedback has been consolidated and key concerns have been categorised into four (4) key themes as follows.  Environment  Safety

Bass Coast Shire Council Page 121 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 Details  Alignment Environment From the 42 residents that provided additional feedback most were concerned about the impact on the environment. Participants expressed their concerns over vegetation loss, impact on native wildlife, sand dune stability and the impact on the aesthetics of the foreshore area. The feedback and comments showed that some residents only wanted to minimise the impact on the natural environment where possible, while others wanted to completely avoid any impacts this proposal may have. Whilst these concerns are legitimate, in order to implement a pathway along the proposed alignment Council would be obligated to undertake a range of necessary actions in order to minimise these impacts. Under the Bass Coast Planning Scheme, Council would be required to obtain a planning permit for the removal of vegetation. This would stipulate the necessary measures that Council will need to undertake in constructing the proposed pathway. Any impact or loss of coastal vegetation as a result of the proposed alignment would require a native vegetation assessment. This would require a third party independent environmental consultant to assess the impact and viability of the alignment. Council would be required to demonstrate that vegetation loss has been avoided and/or minimised, where practical. This assessment would determine the necessary offset planting and management that would be required to ensure no net loss to native vegetation as a consequence of the proposed pathway. In regard to the impacts that the pathway may have on native wildlife, namely the shearwater rookeries, discussions have been held with Phillip Island Nature Parks (PINP) officers regarding the proposed alignment and the impacts that the pathway may have on the shearwater bird colony. In principle, PINP are supportive of the proposed alignment, however have stipulated that certain measures would need to be put in place to ensure no impact to the shearwater colony. This would include construction of the pathway at a time when the shearwater birds were absent from the area on their annual migration. Furthermore, Council would be required to demonstrate under the Flora and Fauna Guarantee Act 1988 and the Environment Protection and Biodiversity Conservation Act 1999, that there is no impact on the shearwater birds given they are a migratory species. Similarly, approvals in accordance with these Acts would come with the necessary conditions to ensure impacts are minimised. Furthermore, Council has undertaken past Council projects where shearwater rookeries have encroached into road reserves. As part of these past projects Council officers have worked in conjunction with PINP officers to ensure the effective environmental management of works to minimise impacts to any rookeries. Issues such as sand dune stabilisation and the aesthetic of a path are concerns that could be addressed through the development of a detail design. Measures such as retaining structures and landscaping/planting works could address these community concerns.

Bass Coast Shire Council Page 122 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Safety The interaction between pedestrians, cyclists and vehicles along The Esplanade was another key theme. These safety concerns mostly stem from high volumes of vehicles, pedestrians and cyclists. Vehicle speed was also seen as a concern. Implementation of a separated shared pathway along the Esplanade, on the south side to avoid conflict with residential driveways, would provide significant safety improvements for pedestrians and cyclists. Separating the path of travel for pedestrians and cyclists from the two-way through road for vehicles is considered to be the safest option. Through the detail design further investigation works could be undertaken to assess the issues raised regarding high volumes of vehicles and high speeds. Local Area Traffic Management (LATM) devices could be integrated into the detail design in certain locations if these concerns were qualified through further traffic investigations. Details The construction material of the path was discussed amongst those community members that provided additional comments, with some looking for an alternative material to the standard concrete. The most popular alternative was the use of boardwalks, coloured concrete, gravel and rock screenings. Once again whilst these concerns about the aesthetic of the pathway are legitimate, there are other factors that need to be balanced against this concern regarding aesthetics to ensure the best possible outcome. These include safety, ongoing maintenance, the residential area that the path will be servicing, the appropriate standards and the overall cost implications of different options. The key element for consideration with the material type for a pathway is the need to ensure that the pathway can cater for all users including those less mobile or with a disability. Complying with standards that satisfy the Disability Discrimination Act 1992 is necessary given the proposed pathway is servicing an area which is of a residential nature. On this basis the material type for a pathway would need to be constructed from an all-weather sealed surface or similar. Concrete, asphalt or other sealed alternatives would achieve this, as well as board walk options. Gravel and crushed rock options are also more susceptible to scouring, washouts and damage and therefore can expose path users to a higher level of risk (ie trip hazards etc) in these circumstances. It is also worth noting, that gravel and crushed rock paths can lead more the requirement for greater vegetation clearance because of the need to construct swales/table drains to manage the water flow/drainage, and additional renewal and maintenance requirements over the life of the paths. Further to this and in terms of ongoing maintenance to address scouring, wash outs etc, a gravel or crushed rock shared path will require a higher level of ongoing maintenance into the future. This will result in higher operating costs opposed to the operating costs for an all-weather sealed footpath. In addition to this, gravel paths have a shorter life before requiring renewal when compared to an all-weather sealed equivalent. For example a gravel path requires renewal after 15 years where as a concrete path has an expected asset life of over 60 years.

Bass Coast Shire Council Page 123 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

In terms of costs, boardwalk options would result in the highest initial capital cost, followed by concrete, then gravel/crushed rock. However this would need to be balanced against the future maintenance/operating costs to determine the true whole- of-life costs for each alternative material. On this basis, it would be expected that the highest whole-of-life cost material would be gravel/crushed rock, followed by a boardwalk, then concrete. Alignment In addition to the alignments provided by Council, within the concept plans that were presented, various other alignments were suggested by the community for this proposal. Some suggested running the path along the northern side of The Esplanade with a view to minimise the impact on the environment. Other suggestions included constructing a path along Batman Street and Dunvegan Crescent and connecting the existing boardwalk at Sunderland Bay Road to Surfies Point. Suggestions from the community to shift the alignment of the pathway from the southern side of the Esplanade to the northern side in order to minimise the impact on native vegetation and habitat understandably seems a practical and viable approach to addressing these concerns. However, including the pathway on the northern side of the Esplanade would introduce a conflict point between vehicles and cyclists using the pathway at every driveway crossover over the length of the Esplanade. Given the path will cater for cyclists, an alignment on the northern side would significantly increase the risk of an accident between a reversing vehicle and a cyclist. For this reason implementing a pathway on the northern side of the Esplanade is not recommended due to the increased risk. Participants also provided general comments on what else they would like to see as a part of this project. Comments revolved around improved facilities in the area such as constructing toilet blocks, installing bins and bag dispensers for owners to pick up after their dogs, formalising car parks and moving overhead power lines underground.

Strategic Basis Council Plan 2013-2017 Natural Environment: Strategies  Facilitate appreciation of our unique natural environment through sustainable public access Sustainable Development and Growth: Strategies  Provide infrastructure and facilities that are well managed, environmentally sustainable and suitable for the community’s needs  Improve access networks and pathways for our community Healthy Communities: Strategies  Improve the opportunity to enjoy our recreational and open spaces Phillip Island South Coast Community Plan This proposal is closely aligned with the vision of the Community Plan’s Shared Pathways Project which is identified as one of the three project action plans: “Construction of world renowned pathway network”

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Two of the seven priority components of this action plan have been completed and the next priority is identified as building a “Shared pathway along The Esplanade allowing families to move safely from one end of The Esplanade to the other.” Council Plan Principles  The social, environmental and economic priorities of the Shire benefit both current and future generations  Equity in the distribution of resources across the Shire  Transparent evidence-based and inclusive decision making

Finances The design feasibility cost, including community consultation and report has formed part of the budget allocation of $25,000 included within the 2015/2016 financial year. Once a preferred alignment has been adopted by Council, it is recommended that the pathway be included into the Bass Coast Shire Aspirational Network Pathways Plan 2016. Stage 1 of the development of the Bass Coast Shire Aspirational Network Pathways Plan 2016 was an initiative of Council for the 2015/2016 financial year to document and map a network of pathways which provide strategic connections to and within settlements. Stage 2 of the Bass Coast Shire Aspirational Network Pathways Plan 2016 is proposed to be included in the 2016/2017 budget and includes developing high level estimates of costs, prioritisation programs and to determine funding streams for all the paths included within the plan. The Stage 2 works will include developing estimates and prioritising this project within the plan should Council resolve to adopt the proposed alignment. Future funding to implement this project, including detailed design, permits and construction and the proposed timing will be subject to the Stage 2 works associated with the Bass Coast Shire Aspirational Network Pathways Plan 2016.

Stakeholders  residents of Sunderland Bay and Surf Beach  potential pathway users in the broader community  Bicycle Groups  Phillip Island Nature Parks  Phillip Island Integrated Transport Study Community Reference Group (PIITS CRG)  Phillip Island South Coast Communities Community Planning Group  Department of Environment, Land, Water and Planning

Statutory Requirements/Codes/Standards/Policies The development of the detailed designs will be undertaken in accordance with the requirements of the industry codes, regulations and practices, including Disability Discrimination Act compliance.

Bass Coast Shire Council Page 125 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

The implementation of the path will require Council to obtain all the necessary planning permit approvals, including but not limited to cultural heritage management, the gaining of offset credits for any proposed vegetation removal and the Environment Protection and Biodiversity Conservation Act 1999 consents.

Other Options There are a range of options relating to the implementation of a pathway along the Esplanade between Sunderland Bay and Surf Beach, over and above the options presented within this report. These include but are not limited to the following.  alignment of the pathway on the northern side of The Esplanade  alignment of the pathway through the coastal dune area  not including a pathway along The Esplanade, but other streets running in an east west direction However, it is considered that the proposed alignment along the south side of The Esplanade and in accordance with the proposed recommendation within this report, will provide the best outcome when balancing the range of specific design criteria used to assess the design options, as well as the views within the community. Whilst 42 out of the 149 ratepayers/residents that participated in the consultation expressed concerns surrounding particular elements of the proposal it must be noted that there were 107 ratepayers/residents that supported the concept as presented. Notwithstanding, a number of the concerns raised could be addressed or resolved through the detail design stage of the project.

Officer’s Conclusion and Recommendation The proposed shared path will provide pedestrians and cyclists with a safer environment when travelling along The Esplanade in Sunderland Bay and Surf Beach. The assessment undertaken by Council officers generally was in accordance with the results of the community consultation, apart from the preferred option in the Sunderland Bay Road area. Whilst the results of the assessment by Council Officers determined that Option 2 was the preferred option, the difference between this option and Option 1 was minimal. Given this it is recommended that as per the results of the community consultation, the preferred option in each area is as follows:  Sunderland Bay Road Area: Option 1  Glen Street – Dunvegan Crescent Area: Option 1  Pine Avenue – Beach Street Area: Option 2 The community options have been incorporated into the preferred alignment presented.

Bass Coast Shire Council Page 126 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Recommendation That Council: 1. adopts the proposed alignment of The Esplanade Sunderland Bay and Surf Beach shared path in accordance with AT-4 Preferred Alignment Plans attached to this report. 2. incorporates the proposed alignment into the Bass Coast Shire Aspirational Network Pathways Plan 2016.

Attachments

AT- Phillip Island South Coast Communities Community Plan 32 1 Pages

AT- Phillip Island South and North Coast Key Area Plan - October 2014 52 2 Pages

AT- Concept Plans The Esplanade Sunderland Bay and Surf Beach Shared 19 3 Path Alignment Pages

AT- Preferred Alignment Plans The Esplanade, Sunderland Bay and Surf 7 Pages 4 Beach Shared Path Alignment

AT- Matrix Analysis of Options The Esplanade, Sunderland Bay and Surf 4 Pages 5 Beach Shared Path Alignment

Bass Coast Shire Council Page 127 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Council Decision Moved: Cr. Phil Wright / Seconded: Cr. Andrew Phillips

That Council: 1. adopts the proposed alignment of The Esplanade Sunderland Bay and Surf Beach shared path in accordance with AT-4 Preferred Alignment Plans with the path being generally on coastal side (or the south side) of the Esplanade, and including the following options a) In the Sunderland Bay Road Area – Option 1 - a shared path connecting existing shared path along Sunderland Bay Road to the carpark and the start of the existing boardwalk b) In the Glen Street –Dunvegan Crescent Area – Option 1 - Formalise the section as a shared zone c) In the Pine Avenue Area – Option 2 - Continue the shared path along the south side of The Esplanade as a boardwalk with a section weaving through the sand dunes 2. incorporates the proposed alignment into the Bass Coast Shire Aspirational Network Pathways Plan 2016. CARRIED UNANIMOUSLY Moved: Cr. Phil Wright / Seconded: Cr. Andrew Phillips

The CEO reports to 17 August 2016 meeting with an implementation plan to construct a temporary gravel pathway that delivers the following: 1. Restricts car parking on south side that destroys native vegetation and introduces weeds,

2. Allows for families to walk safely along The Esplanade with a suitable safety barrier.

3. The report to include a typical cross-section, estimate of construction costs and options to fund this section of the path. LOST

For Against Cr Brown Cr Crugnale Cr Wright Cr Drew Cr Le Serve Cr Phillips Cr Rankine

Bass Coast Shire Council Page 128 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.10 Adoption of Municipal Early Years Plan 2016-2020

File No: CM16/198 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.

Declaration The author has no direct or indirect interests in relation to this report.

Summary The adopted Municipal Early Years Plan 2011-2015 has expired. This new Municipal Early Years Plan 2016-2020, once adopted, will provide guidance to Council for decision making on matters relating to children (0 to twelve years) and their families residing in Bass Coast. The Plan has been developed using a co-design process involving parents, children and early years’ service professionals. It is presented with Actions for the first two years and a mid-point review as this is a changing policy environment. This allows for flexibility in the plan to enable an appropriate response at the time. Other Council Plans – Education, Disability, Playspace, Municipal Health and Wellbeing and the Sports and Active Recreation Needs assessment have provided information and other opportunities for consultation with the same community members. Should the Plan (AT-1) be adopted by Council it will become operational from 1 July 2016. The Data and Consultation reports (AT-2 and AT-3) form Appendices to the Plan.

Background The adopted Municipal Early Years Plan 2011-2015 has expired. This new Plan will provide guidance to Council for decision making on matters relating to children (0 to twelve years) and their families residing in Bass Coast. The Draft Plan has been developed using co-design process which means that the potential end users of the Plan have been involved in its creation. This process assumes that everyone is an expert. Everyone has an experience of childhood in many ways, either from their own childhood, being a parent or actively connected to children. Consultations have included Councillors, primary school children, parents, service providers and Council staff. These have either been face to face workshops or interviews. The report on these consultations will form an appendix to the Plan. The process has been overseen and peer reviewed by a Reference Group comprising Early Years professionals and parents.

Bass Coast Shire Council Page 129 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

The Draft Plan has been developed using co-design process which means that the potential end users of the Plan have been involved in its creation. This process assumes that everyone is an expert. Everyone has an experience of childhood in many ways, either from their own childhood, being a parent or actively connected to children. The Draft Plan has been informed by previous consultations for the Draft Youth Action Plan, the Draft Disability Plan, the Linking Learning Project, the Sports and Active Recreation Needs Assessment and the Draft Play Space Plan. Workshops were conducted with parents and children in the development of the Education Plan 2015-2019 with Early Years becoming one of the key themes. The Plan has been on public exhibition and two “open house” sessions have been held. At the time of writing, no further comments have been received. The Plan, once adopted, will guide decision making for Council over the next four years. The directions will be clear to families and children and service providers.

Strategic Basis Council Plan Principles  The social, environmental and economic priorities of the Shire benefit both current and future generations. Investment in the early years has been shown to generate positive outcomes throughout children’s lives as contributing community members.

Finances The outcomes of this plan will be achieved through partnerships with early years’ organisations and the work plans of the Community Strengthening staff.

Stakeholders There have been a variety of people contribute to the development of the Plan, parents, children, early years’ professionals, Council staff and the Department of Education and Training staff.

Statutory Requirements/Codes/Standards/Policies Nil

Other Options Council could determine not to have an Early Years Plan but would not have any guiding actions for decision making. This Plan gives the community a clear indication of Council’s priorities for early years.

Officer’s Conclusion and Recommendation The adopted Municipal Early Years Plan 2011-2015 has expired. This new Plan will provide guidance to Council for decision making on matters relating to children (0 to twelve years) and their families residing in Bass Coast.

Bass Coast Shire Council Page 130 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Recommendation That the Bass Coast Municipal Early Years Plan 2016-2020 be adopted.

Attachments

AT-1 Draft Municipal Early Years Plan 2016-2020 20 Pages

AT-2 Municipal Early Years Plan 2016-20 - Data Report 23 Pages

AT-3 Municipal Early Years Plan - Consultation Report 62 Pages

Council Decision Moved: Cr. Clare Le Serve / Seconded: Cr. Neil Rankine That the recommendation be adopted. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 131 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.11 Adoption of Disability Action Plan 2016-2020

File No: CM16/409 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.

Declaration The author has no direct or indirect interests in relation to this report.

Summary This report recommends adoption of the Disability Action Plan 2016-2020. All public sector bodies are required to prepare a DAP under Section 38 of the Disability Act 2006.

Background Council’s Disability Action Plan 2016-2020 (DAP) (AT-1) was developed over eight months. A Bass Coast Disability Profile (AT-2) was undertaken to support the development of the DAP. A written briefing on the consultation process and key findings was provided to Council on 3 February, and draft document on 4 May 2016. The DAP was placed on public exhibition for four weeks from 23 May to 17 June.

Strategic Basis Council Plan Principles  Transparent evidence-based and inclusive decision making. The DAP impacts all divisions in Council. Issues such as planning, design, communication, consultation, sport, recreation, inclusion, health and wellbeing have been key features of the previous DAP and are again included in the 2016-2020 DAP. The previous DAP was in place from 2011-2015. If the draft DAP is adopted it will be in place from July 2016 to June 2020. The Municipal Public Health and Wellbeing Plan 2013-2017 includes the development of the DAP 2016-2020 as an action.

Finances Financial support for the actions within the DAP are included in operational budgets.

Stakeholders Council’s Access and Inclusion Advisory Committee (AIAC), an Advisory Committee of Council, and additional members co-opted for their expertise, formed the Steering Committee for the development of the DAP. The AIAC provides Council with advice and information regarding disability related issues. A consultant was engaged to support the consultation phase of the DAP. Council officers wrote the DAP with guidance from the AIAC.

Bass Coast Shire Council Page 132 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Consultation with the community to support the development of the DAP was undertaken across three months from October 2015 through December 2015. The Bass Coast community and visitors to our municipality were offered opportunities to participate. Methods through which community input were sought included advertised face to face consultation sessions, surveys targeted to people with a disability, community members, carers, Council staff, service providers and business owners in the municipality. The Bass Coast Shire Council Disability Action Plan 2015 is attached (AT-3). Over 327 community members, service providers, businesses, Councillors and Council staff had input into the consultation process.

Statutory Requirements/Codes/Standards/Policies All public sector bodies are required to prepare a DAP under Section 38 of the Disability Act 2006.

Other Options Nil

Officer’s Conclusion and Recommendation It is recommended that Council adopt the Disability Action Plan 2016-2020.

Recommendation That Council adopts the Disability Action Plan 2016-2020.

Attachments

AT- Disability Action Plan 2016 – 2020 32 1 Pages

AT- Bass Coast Disability Profile 2015 35 2 Pages

AT- Bass Coast Shire Council Disability Action Plan Consultation Report 28 3 2015 Pages

Council Decision Moved: Cr. Clare Le Serve / Seconded: Cr. Andrew Phillips That the recommendation be adopted. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 133 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.12 Conclusion of Low Income Energy Saver Study

File No: CM16/405 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.

Declaration The author has no direct or indirect interests in relation to this report.

Summary The Energy Saver Study Project is a Key Strategic Action (KSA) for Council in 2015/2016 and was delivered by the Healthy Communities and the Sustainable Development and Growth Divisions. The Energy Saver Study (ESS) was a funded research project that aimed to identify key energy efficiency actions low-income households could undertake to achieve the best level of energy efficiency at the best price.

Background This $4.4 million project was fully funded by the Australian Government with $1.5 million of in-kind contributions by consortium partners. The project was developed and delivered though Council’s partnership with the South East Councils Climate Change Alliance (SECCCA). Council was one of six Councils and 14 consortium members involved in this 320 household research study. Council involvement in planning the ESS project began in 2012 and concluded in March 2016. The objectives of the Study were to:  Trial and evaluate a number of different approaches in various loations to assist low-income households to become more energy efficient.  Capture and analyse data and information for future energy efficiency policy and program approaches. 40 low income householders accessing Council’s Aged and Disability Services participated in the ESS and were randomly placed within 4 different study groups. All households received some financial benefit from participating in the ESS and were allocated to one of the following groups: 1. receiving in home energy efficient retrofits / improvement (up to $2,500) 2. receiving behaviour change support including energy action information (up to $500) 3. receiving both in home energy efficient retrofits / improvement (up to $2,500) plus behaviour change support including energy action information 4. scientific control group until after the monitoring period (up to $500 support for home improvements).

Bass Coast Shire Council Page 134 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Data and results from the ESS were presented to Councillors and Executive at the 1 June policy workshop by Adam Shalekoff - Energy Saver Study Coordinator for South East Councils Climate Change Alliance (SECCCA). Overall the key findings of the project were that whilst cost savings were of benefit, most participants identified the increased level of comfort in their dwelling of benefit to them. A summary of the results are:  The combination of home retrofit and behaviour-change interventions achieved statistically significant energy efficiency outcomes (compared to control group) including averages of 10-11% reductions in total energy use, 13- 18% less gas use and similarly cheaper bills, 14-18% lower greenhouse emissions due to gas use and increasing living room temperatures by 1.6°C in winter. LED light upgrades resulted in 22-36% reductions in lighting electricity use, 22% cheaper bills and lower greenhouse emissions.  ‘Retrofit only’ interventions increased winter indoor temperatures by an average of 1-1.9°C.  Households receiving ‘behaviour change only’ intervention did not show a noticeable improvement in any of the energy measures, although the number of energy efficiency actions by householders in the behaviour change study groups increased from 16 to 19 actions during the project.  The retrofits met the expectations of householders and improved their comfort. Householders indicated their strong endorsement of the ESS in the post-intervention survey. Over 95% of householders would recommend a similar program to others. When asked why, the major reasons were it helped lower energy bills, they enjoyed the visits by project staff, it helps keep people in their homes, they trust the home care service and it was educational. A final report on ESS was prepared by SECCCA for the Australian Government by 2 May 2016 and makes a series of recommendations based on the outcomes of the research. A summary of the final report is attached (AT-1) and more information on the project is available from http://energysaver.seccca.org.au/ Whilst Council will continue to be an active member of SECCCA through the Sustainable Environment Division, the Aged and Disability team will no longer be involved.

Strategic Basis Council Plan Principles  The social, environmental and economic priorities of the Shire benefit both current and future generations.  The provision and use of energy and resources will be promoted in an efficient and sustainable way. Council’s involvement in the ESS addresses two key strategic objectives within the Council plan 2013 – 2017: Healthy Communities:  Our community feels connected, safe and strong o Provide opportunities for involvement in a range of lifestyle and learning activities for groups and individuals Bass Coast Shire Council Page 135 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

o Ensure the community has access to a range of educational opportunities to maximise their potential Natural Environment:  Our unique natural environment is protected, maintained and enhanced for the enjoyment of all o Develop community partnerships that promote environmental awareness

Finances This $4.4 million project was fully funded by the Australian Government with $1.5 million of in kind contributions by consortium partners. Council contributed an in- kind contribution to the project through officer time. This research study was a great example of the value Council receives through membership with SECCCA.

Stakeholders The key stakeholders within the project were the HACC clients who participated in this research. Council’s partnership with SECCCA and its eight member Councils of Baw Baw, Bayside, Cardinia, Casey, Dandenong, Kingston and Mornington Peninsula has meant the learnings from this project are far greater than Bass Coast could have achieved alone. Management of the ESS and the day to day coordination of the project sat with Aged and Disability Team and the Sustainable Environment Team continues to be responsible for project governance involvement in the SECCCA Management Committee. The ESS is a great example of working across the organisation to achieve results.

Statutory Requirements/Codes/Standards/Policies Nil

Other Options As the Energy Saver Study is now complete, there are no other options of Council.

Officer’s Conclusion and Recommendation That this report be received.

Recommendation That Council: 1. notes the completion of the Energy Saver Study initiative and the positive outcomes of the project; 2. acknowledges the value of Council’s partnership with the South East Council’s Climate Change Alliance (SECCCA).

Bass Coast Shire Council Page 136 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Attachments

AT-1 Bass Coast and SECCCA presentation 1 June 2016 29 Pages

Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Andrew Phillips That the recommendation be adopted. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 137 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.13 Newhaven Yacht Club extension of lease area and renewal of lease

File No: CM16/325 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The author has no direct or indirect interests in relation to this report.

Summary The Newhaven Yacht Squadron (NYS) currently lease coastal foreshore land from Bass Coast Shire Council, as Committee of Management on behalf of Department Environment Land Water and Planning (DELWP). The Squadron is seeking to construct a dinghy storage shed for sailability yachts. The area proposed to be constructed is outside of the lease area on unreserved Crown land. DELWP have indicated support to the proposed construction, subject to the additional area being reserved and Council being appointed as Committee of Management. As the process to reservation and lease will take some time (12-18 months), DELWP has proposed that it would license the area directly with NYS and then seek to have the area incorporated into a new lease. As the current NYS lease with Council expires in 2018 the opportunity arises to arrange a new lease whilst supporting this interim process to allow the club to continue to offer improved service in disability yachting to the community.

Background The Newhaven Yacht Squadron was opened in 1962 and has grown over the years to where it currently has over 600 members. The Squadron undertakes a wide variety of activities focused towards both power boating and yachting on foreshore land at Newhaven shown as CA 2049 Parish of Phillip Island. The club recently gained support towards a disability sailing program and is looking to acquire some Hansa disability sailing boats. The boats would be housed in the proposed new dinghy shed. The area proposed for the construction of the shed is on reclaimed land as shown in Attachment 1 and is outside of the current lease area.

Bass Coast Shire Council Page 138 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

The proposed development by the Squadron would normally require the following process;  Reservation of land;  Appointment of Council to Committee of Management to the land; and,  Lease process including surrender of current lease and negotiation of new lease. The Squadrons current lease was last approved 1 March 1997 for a period of 21 years, expiring 28 February 2018. Given that Council would normally commence negotiations towards new lease arrangements later this year, it is proposed that Council resolve its position for both the lease and support for the proposed development and license at the same time. This will remove any double handling of lease matters. It is proposed that Council support the license over the additional land with the license to be dissolved once the reservation is complete.

Strategic Basis Council Plan Principles  The social, environmental and economic priorities of the Shire benefit both current and future generations.  Equity in the distribution of resources across the Shire.  Transparent evidence-based and inclusive decision making.

Finances The proposed extension of the lease area will assist the Squadron and as such the cost of all works are to be met by the Squadron. This will include any survey and plan preparation for reservation purposes that could be imposed on Council. The Squadron has advised they have placed funds aside for the development. As part of the granting of a new lease, a valuation will be undertaken by an independent valuer, who will provide advice on the rent. This cost will be met by Council through existing Council financial resources.

Stakeholders Newhaven Yacht Squadron committee and members Newhaven residents Bass Coast Shire Council

Statutory Requirements/Codes/Standards/Policies Crown Land Reserves Act 1978 Land Act 1958 Leasing Policy for Crown Land in Victoria 2010 Committee of Management – Responsibilities and Good Practice Guidelines May 2014

Bass Coast Shire Council Page 139 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

On 10 December 2014 Council resolved that it would utilise the guidelines and principles within the Victorian Government Leasing Policy for Crown Land in Victoria 2010 when dealing with Crown Land. As a general rule this would result in Council undertaking a competitive tender or expression of interest process for any lease or renewal of lease unless there were clear and compelling reasons to deviate from this practice. The policy allows deviation where; 2.(c) it is clear, beyond reasonable doubt, that there is only one prospective tenant for this particular property; and, 2.(d) that it can be determined that direct negotiation with a prospective tenant would maximize benefits to the community, Given the current profitable status of the Squadron, and its ongoing benefit to the community by use of the site, it is proposed that direct negotiations occur with the current tenant only, for a new lease.

Other Options Council could; 1. consider to allow the Squadron to continue to license the area separately with DELWP, however this could cause potential issues of coastal management into the future and this direction is not supported by DELWP; or 2. decline to support the proposal which would be counter beneficial to the Squadron and its intention to be inclusive for people with disabilities to be able to sail.

Officer’s Conclusion and Recommendation The proposal by the Squadron to extend their lease boundary to construct a shed offers benefit to the community in regard to the disability sailing program, as well as improving storage for yachts. The process required to allow for the construction of the storage shed on the Crown land outside of the current lease area will include reservation of land, Council being appointed as Committee of Management, and the current lease being surrendered and a new lease negotiated. Whilst this process is in progress, it is proposed that Council support a license over the additional land with the license being dissolved once the reservation is complete. Given the current lease is due to expire in the foreseeable future there is also the opportunity to undertake negotiations for a new lease within one process. Council is therefore requested to give support to commencement of a renewal process for the current lease based on inclusion of the additional land area.

Bass Coast Shire Council Page 140 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Recommendation That Council 1. agrees to the proposed extension of the Newhaven Yacht Squadron land area beyond its current lease boundary; 2. supports the granting of a temporary license by Department of Environment Land Water and Planning to the Newhaven Yacht Squadron; 3. accepts to being formally appointed as a Committee of Management over the additional area once reservation is completed; and 4. approves to proceed to request support from Department of Environment Land Water and Planning to commence negotiations into a lease with Newhaven Yacht Squadron for the property known as CA 2049 Parish of Phillip Island (with any subsequent amendments of area) once the license has been issued.

Attachments

AT-1 Map of Newhaven Yacht Squadron area and additional land area sought 1 Page

Council Decision Moved: Cr. Bradley Drew / Seconded: Cr. Andrew Phillips The the recommendation be adopted. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 141 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.14 2016 Revaluation

File No: CM16/355 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The reporting officer does not have any direct or indirect interests in this matter.

Summary The purpose of this report is to return to Council the 2016 General Revaluation of all rateable properties within the Shire. Council is required by the Valuation of Land Act 1960 (as amended) to revalue all rateable properties within the municipality on a two yearly cycle. The General Valuation is the basis for the distribution of the rates, which are levied on each property within the municipality.

Background The 2016 valuation has been completed under the Valuer General’s Valuation Best Practice Standards. It shows values as at 1 January 2016 (previously 1 January 2014) and reflects changes in the real estate market during the past two years, as summarised below: Number of Capital Site Value Net Annual Rateable Improved Value Assessments Value $ $ $

2014 29751 6,809,724,751 11,265,765,500 584,831,825

2016 29751 6,893,648,100 11,419,623,160 590,555,790 % 1.23% 1.37% 0.98 Change

The Capital Improved Value of rateable properties in the Shire shows an increase from $11,265,765,500 at 1st January 2014 levels, to $11,419,623,160 as at the levels of 1st January 2016. This is an increase of $153,857,660 or approximately 1.37%.

Bass Coast Shire Council Page 142 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Strategic Basis The revaluation of the Shire has been made in accordance with the legislative provisions for local government and continues the statewide practice of having all properties within Victoria re-valued simultaneously based on a common valuation date being 1st January 2016 for this revaluation.

Finances The costs associated with undertaking the Revaluation are contained within relevant budgets. Approximately half of the cost of the valuation will be recouped from the State Revenue Office, which also uses the valuation data for land tax purposes.

Stakeholders The Council, all ratepayers and other taxing authorities have a stake in the preparation of the valuation. As part of the valuation process, ratepayers can appeal the valuation on their assessment within two months of the issue of their rate notice. This provision for objection is made pursuant to section 18 of the Valuation of Land Act 1960. Ratepayers are advised of their objection rights on their rate notice.

Statutory Requirements/Codes/Standards/Policies The revaluation process establishes the method which distributes the rate burden amongst individual properties. Depending on how an individual property valuation has moved in relation to other properties will determine how much the individual property will contribute to the total rate revenue required in the annual budget. In accordance with the provisions of section 13DA of the Valuation of Land Act 1960, a General Valuation of all rateable properties in the Bass Coast Shire Council is required every two years. Council has previously resolved to undertake the General Valuation 2016 and that it is returned to Council prior to 30th June 2016. The Valuation of Land Act 1960 requires that at the conclusion of every general valuation, a report of the valuation shall be submitted to the Valuer-General by the valuer within two months of the date on which the valuation was returned to the rating authority which caused it to be made. The valuation has been undertaken in accordance with the Valuer General Victoria “Valuation Best Practices Guidelines” and has been progressively audited and certified by the Valuer Generals Office. Council now awaits final approval from the Valuer General and certification from the Minister.

Officer’s Conclusion and Recommendation The 2016 Revaluation has resulted in a minor overall percentage increase in total property values within the Bass Coast Shire. It is worth noting that the previous revaluation of 2014 was the first revaluation cycle to reflect an overall decrease in property values across the Shire (-3%) since the introduction of the two yearly cycles by the Victorian Government in 2000. The 2016 revaluation reflects a more stable market from the decrease experienced in the 2014 cycle. Although the overall average % change in values across the Shire has resulted in a small increase in the total sum of the valuation of all properties, caution needs to be taken in interpreting this to be an increase for every property.

Bass Coast Shire Council Page 143 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Different property classes do not generally change consistently with each other. Residential, commercial, industrial or rural properties do not change at the same rate, and nor do different property categories within each individual property class. For example beach front or sea view properties within the residential property class do not generally change at the same rate as lesser located residential properties remote from the beach or without sea views. In a similar way prime commercial located properties do not generally move at the same rate as secondary or fringe located commercial property. Farm properties do not change at the same rate as each other either. Accordingly, the overall increase of 1.37% across all property in the Shire over the two year period has not been uniform between localities or within property types. The main observations of this 2016 Revaluation is that while the residential has had minor fluctuations both up and down, rural residential ( low density blocks) have maintained in demand, commercial and industrial properties have increase more than residential and larger farms have had little change.

Phillip Island – Townships

Cowes – Residential The residential market in Cowes has been slow and cautious with some land sales showing a minor slippage in value in some of the newer estates while other sales have maintained. Land sales in new subdivisions are inconsistent.  Land sales in the most affordable Whtyesands (Grampian, Pasadena) and Red Rocks Justice Farm estate (Elvington Castle Combe) being maintained.  The Seagrove Estate (Seagrove Peninsula View) remains strong.  The Shearwater Estate (Sanctuary drive, Dune, Shoalhaven) is in a state of flux. Initially this was a strong estate for Cowes but later stages of subdivision saw land sizes reduced below 500m2 which have shown to be difficult to move. This had a detrimental effect on the estate. The housing market has evidence of renovators freshening up some of the older fibro/hardiplank homes and re selling them. This is not uncommon in a beachside holiday destination particularly around the Christmas period. Additionally, there is strong competition from major new house bulk builders in the newer estates. This has resulted in competitive construction costs which have not been transferred to the market place in that completed houses often sell for more than the cost of the house land package. The beach front properties in general have held a little stronger particularly newer quality built homes and on average have shown a minor increase since 2014 and marginally stronger than the balance of the Cowes residential.

Bass Coast Shire Council Page 144 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

The Silverleaves estate which is an older established, well respected and sought after location comprising beach front and well located beachside properties has been subject to much negative publicity since April 2014. There is much controversy at present regarding the C82 overlay amendment adopted by Council on 19th August 2015 relating to possible future inundation. While the available sales evidence on average at present do not support less value it is may become more contentious for 2016. Sites for unit development in Cowes have generally stagnated and in many cases larger land parcels (2000m2 to 4000m2) which came back substantially from 2012 levels and are more stable for 2014 and 2016. Other Phillip Island townships have had both minor increases and decreases. There is generally an oversupply of houses on the market left over from the traditional Christmas transactions. The overall average changes were around plus/minus 1.0% from the 2014 levels which is negligible in real terms. The exception to this is the popular Smiths Beach which showed an overall average increase of 3.1% and Surf Beach /Sunderland Bay, where properties have been slow to sell, with a decrease of negative 2.86% from the 2014 revaluation. Township CIV % Change from 2014 Newhaven + 0.67% Cape Woolamai +1.29% Cowes +0.67% Surf Beach & Sunderland Bay -2.86% Sunset Strip - 0.24% Smiths Beach +3.10% Wimbledon Heights +0.84% Ventnor +0.32% Rhyll +0.5%

Mainland - Townships Mainland coastal townships had the overall average changes around plus/minus 1.0% from the 2014 levels which is negligible in real terms. Tenby point and Bass Township have shown the greatest positive changes in residential property value in this revaluation. The overall average increase in value in these townships is 5%. These are both more affordable small towns which had little movement in the revaluation of 2014 and are off a low valuation base. Larger mainland townships comprising Inverloch and Wonthaggi indicated marginally stronger increase in value than the overall shire average ( 2% to 2.65 % respectively), while South Dudley continued the 2014 trend of a decrease not only below the average increase but also a minor drop in average value.(-0.16%) The Westernport townships of Corinella, Coronet Bay Pioneer Bay and Grantville remained relatively stable.

Bass Coast Shire Council Page 145 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Township CIV % Change from 2014 Pioneer Bay + 0.59% Grantville +0.91% Coronet Bay +0.6% Corinella +1.47% Tenby Point +5.47% San Remo + 0.43% Kilcunda +2.20% Cape Paterson +0.78% Harmers Haven +0.29 Dalyston +0.26% Wonthaggi +2.65 South Dudley - 0.16% Inverloch +2.25%

Rural The overall changes in the value of rural properties have been insignificant this revaluation (0.31%). Each of the rural areas contains a diverse mix of properties. These include rural residential lots, hobby farms, commercial farm operations and lifestyle properties. In terms of overall value change, rural properties have displayed the least change in average percentage where as in 2014 they experienced the largest decreases in valuations (-11%) Rural and small hobby farm properties with good coastal proximity or views have experienced an increase in value over the period of revaluation over and above the average for the municipality particularly evident on Phillip Island, while larger real farm properties relying on agricultural productivity to maintain a living remain largely the same. The Phillip Island percentage is unduly pushed up by the increases in the non “real farm” properties. Despite lack of finance available for large farm properties in the last four years, overseas buyer shave had a positive influence on the market, albeit caution needs to be exercised when considering these transactions.

Bass Coast Shire Council Page 146 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Area CIV % Change from 2014 Lang Lang, Woodleigh, Kernot +0.36% Grantville, Corinella, Bass +0.84% San Remo +0.12% Glen Alvie, Hill Country +0.93% Wonthaggi, Dalyston +0.51% Inverloch, Cape Paterson, Pound Creek +0.10% Phillip Island Rural +3.05%

Commercial / Industrial and Specialist Properties This category includes commercial, industrial and specialist property categories throughout the Shire. It includes subdivisional land, major properties, communication towers, hotels, motels, caravan parks and tourist orientated properties in addition to the general commercial/industrial.

Property Category CIV % Change from 2014

Subdivisional land +2.9% Major Properties + 0.16% Commercial + 5.60% Industrial + 3.00% Specialist properties + 4.75%

Subdivisional land category has shown an increase in overall value which is slightly higher than the overall average increase for the Shire. This increase is a result of specific properties where the remaining smaller broad acres subdivisional lands are becoming more prime, as the subdivision and services encroach into broad acres. This is different to the 2014 situation where the overall cooling of the property market and the significant rezoning of additional land for development over the previous few years led to an average decrease in these properties over and above (-5%) the GV2014 average decrease (-3%). The major properties (Motor racing and vehicle testing facilities) have remained much the same. The general commercial and industrial categories have shown an increase over the period of the revaluation above the average increase and continuing the trend from 2014. The commercial category is showing an overall average increase of 5.6%. While commercial in Cowes and Wonthaggi on average range from 4% to 7%, Inverloch has pushed the average up with increases around 10% as Inverloch plays catch up over the years.

Bass Coast Shire Council Page 147 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

The industrial sector discloses an average increase of 3% which again is driven by Inverloch industrial playing catch up increasing 13%. Wonthaggi industrial increased by 4% and Cowes industrial decreased -2%. The specialist categories within the Shire have increased on average by 4.75%. This category includes hotels, motels, caravan parks, theme parks, sub stations, telecommunications, aged care and retirement villages. Individually these properties vary according to the changing economic climate for that industry at the time of the revaluation and the influence that a small number of properties with high values that can impact the changes. Quarries are an example with low number of assessments with a 5% increase and often fluctuate dependant on transport costs as well as product quality. Tourist attraction enterprises/ theme parks experienced minor decreases (-2%) due to uncertainty likely still recovering from the Global Financial Crisis while other specialists resulted in increases such as Caravan Parks and Retirement Villages (8%) where demand remains steady.

Recommendation That the 2016 General Valuation as completed by Council’s Valuer, and as summarised in the prescribed return form attached hereto: - 1. be used by Council for rating purposes subject to any amendments required to be made as part of the final valuation return process. 2. be submitted to the Valuer-General for final approval and the issue of a certificate of general trueness and correctness; and 3. be supplied to the State Revenue Office, under any agreement between Council and the State Revenue Office, for their requirements.

Attachments

AT-1 Bass Coast Shire Council Form 2 - 2016 Revaluation 1 Page

AT-2 Bass Coast Shire Council – Revaluation 2016 1 Page

Cr Wright left the meeting at 7.52pm. Cr Wright returned to the meeting at 7.54pm.

Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Phil Wright That the recommendation be adopted. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 148 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.15 Review of Procurement Policy

File No: CM16/363 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The author has no direct or indirect interests in relation to this report.

Summary Council is required in accordance with section 186 of the Local Government Act 1989 (the Act) to review its Procurement Policy annually. Council adopted a Procurement Policy in accordance with the Act at its meeting held on 24 June 2015. The Policy has been reviewed in accordance with the Victorian Local Government Best Practice Procurement Guidelines and the State Government’s Best Practice Guidelines for Procurement and the following changes are recommended:  Amend the clause relating to the opening of the Tender Box;  Amend the clause relating to the acceptance of late tenders or bids;  Amend the clause relating to Local Sourcing; and  Insert clause relating to Council’s commitment to ‘No Business in Abuse’ purchasing which is in accordance with the recommendation adopted at the Ordinary Council meeting on 18 May 2016, item H.18: The Council reviews its Procurement Policy and Contract Conditions to reflect ‘No Business in Abuse’, these are companies that: a) have zero tolerance for child abuse, in policy and practice; b) respect people's fundamental rights to freedom from arbitrary and indefinite detention; c) do not treat people in a cruel, inhumane or degrading manner; d) commit to transparency and independent monitoring to ensure these principles are upheld.

Background Council spends tens of millions of dollars in the procurement of goods and services each year and this significant procurement activity supports the delivery of services and projects in the Council Plan. Procurement needs to be undertaken in a manner that ensures value for money and accountability to the community for the expenditure of public monies.

Bass Coast Shire Council Page 149 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

This policy sets out the principles for procurement and assists Council to:  obtain best total value in terms of price, quality and service while meeting the Council’s economic, environmental and community objectives  provide accountability for the achievement of best value for money in the procurement of goods and services  improve business relationships through a procurement process that is consistent and transparent and reduces the cost of doing business.

Strategic Basis The review of policy is consistent with good governance practice, the Victorian Local Government Best Practice Procurement Guidelines and the State Government’s Best Practice Guidelines for Procurement. This report contributes to Council’s objective in the Council Plan under Effective Governance

Stakeholders  Bass Coast Shire Councillors;  Bass Coast Shire Council staff;  Bass Coast Shire Council contractors; and  Bass Coast Shire Council community.

Statutory Requirements/Codes/Standards/Policies The review of the procurement policy is a requirement of Section 186 of the Local Government Act 1989 and must be undertaken annually.

Officer’s Conclusion and Recommendation The policy was reviewed in accordance with the Local Government Act 1989 and the Victorian Local Government Best Practice Procurement Guidelines. The Procurement and Fleet Services policies, processes and procedures are subjected to annual reviews by the Victorian Auditor General’s Office as part of our standard financial audit process. We recommend the following changes to the current Procurement Policy:  Amend the clause ‘Ensure the Tender Box is opened “in camera” by at least two officers appointed for that purpose who will not be participating in the tender evaluation process for that particular tender or quote’ to: ‘Ensure the Hard Copy Tender Box and submissions are opened and registered by a member of the Procurement team and a designated Council Officer that is independent from that particular tender or quote process. Confidentiality must be strictly observed’ The change in wording from “in camera” removes the ambiguity from the statement. For both probity reasons and efficiency it is more appropriate for a member of the Procurement team and an Independent Officer to open the Tender Box, there is no risk in changing this process.

Bass Coast Shire Council Page 150 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 Amend the clause ‘Not accept late tenders or bids’ to: ‘As a general rule not accept late tenders, with the exception being where it can be substantiated that there was a Council related system failure/ interruption during submission of an electronic tender OR access was denied or hindered in relation to the physical tender box prior to the tender closing time and date. If this can be evidenced then Council may accept the late tender, this is to be approved by the Chief Executive Officer. For a late submission to be considered it must be received by Council before 6pm the day tender closes.’ This change is consistent with the Victorian Local Government Best Practice Procurement Guidelines 2013.  Amend the clause: ‘Council will include the tender evaluation criteria of “local employment” where that service or project is long-term and likely to have an impact on local jobs.’ to: ‘Council will include the tender evaluation criteria of “benefit to local economy” where that service or project is long-term and likely to have an impact on local jobs.’ Changing the wording to Benefit to Local Economy allows the selection criteria to encompass more benefits to the local economy than just local employment.  Insert the following clause relating to Council’s commitment to ‘No Business in Abuse’: ‘No Business in Abuse Council recognises its commitment to No Business in Abuse, and will endeavour to only do business with entities that: o Have zero tolerance for child abuse, in policy and practice; o Respect for peoples fundamental rights to freedom from arbitrary and indefinite detention; o Do not treat people in a cruel, inhumane or degrading manner; and o Commit to transparency and independent monitoring to ensure these principles are upheld.’ This is in accordance with the recommendation adopted at the Ordinary Council meeting on 18 May 2016, item H.18.

Recommendation That the Procurement Policy be adopted.

Attachments AT-1 Procurement Policy 2016 5 Pages

Bass Coast Shire Council Page 151 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Neil Rankine That the recommendation be adopted. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 152 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

H.16 Review of Council's Instrument of Delegation to staff

File No: CM16/400 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The author has no direct or indirect interests in relation to this report.

Summary It is not practical for Council and the Chief Executive Officer alone to exercise the many statutory powers bestowed on Council. Delegation facilitates the achievement of good governance for the community by empowering appropriate members of staff to make decisions on behalf of Council and the Chief Executive Officer. In seeking to achieve its purposes under the Local Government Act 1989 (the Act), one of Council’s objectives is to delegate decision making to appropriate levels within the organisation. The Act allows both Council and the Chief Executive Officer to delegate to members of staff, by Instrument of Delegation, certain powers, duties and functions under any Act administered by Council. Instruments of Delegation are appointed to positions, not people. A power, duty or function applied to any position through an Instrument of Delegation cannot be on- delegated, but does cover anybody who is ‘acting’ in a position. This report is presenting an Instrument of Delegation from Council to staff for adoption. Since the previous Instrument of Delegation from Council to staff was adopted in September 2015 there have been a number of small changes to various Acts that Council is bound by. These changes are outlined below and the revised Instrument of Delegation is attached.

Background Earlier last year Council undertook a process to centralise all Instruments of Delegation, with one Instrument representing all relevant positions within the organisation. This single Instrument improves the review process and allows for better control. It allows staff to view all Delegations across the organisation in a single document. The review process is managed by Governance, ensuring consistent and timely reviews in line with legislation changes. Council subscribes to a suite of Instruments prepared by Maddocks Lawyers, which are then adapted and completed to meet the requirements of Bass Coast. Twice each year Maddocks provide updates to their Instruments, capturing any changes made to the wide range of legislation Council operates within. In order to keep Council’s Instruments of Delegation current, any updates received from Maddocks are applied and presented to Council for adoption. Updates will also be made should any position titles change for positions which have delegations attached. Bass Coast Shire Council Page 153 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

A recent update from Maddocks has identified changes to the following Acts.  Cemeteries and Crematoria Act 2003 – new provisions  Planning and Environment Act 1987 – new provisions  Road Management Act 2004 – Department name updates, no action The changes to the Acts have been reviewed and amendments made to the delegations where required.

Strategic Basis Delegations ensure the effective governance of Council; “our leadership will be achieved through good governance, community engagement and excellence in service delivery’, and meets the Council Plan Principle of:  Transparent evidence-based and inclusive decision making.

Finances There are no financial impacts to having a current Instrument of Delegation in place.

Stakeholders Council – ensuring they can focus on high level strategic and Council planning. Staff – ensuring the ability to undertake their roles. Community – knowledge that appropriate delegations are in place to allow for the effective and efficient running of Council.

Statutory Requirements/Codes/Standards/Policies Section 98 of the Local Government Act 1989 provides: (1) A Council may by instrument of delegation delegate to a member of its staff any power, duty or function of a Council under this Act or any other Act other than – (a) this power of delegation; and (b) the power to declare a rate or charge; and (c) the power to borrow money; and (d) the power to approve any expenditure not contained in a budget approved by the Council; and (e) any power, duty or function of the Council under section 223; and (f) any prescribed power. The powers, duties and functions included in this Instrument of Delegation relate to the following legislation:  Cemeteries and Crematoria Act 2003  Domestic Animals Act 1994  Environment Protection Act 1970  Food Act 1984  Heritage Act 1995

Bass Coast Shire Council Page 154 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

 Planning and Environment Act 1987  Residential Tenancies Act 1997  Road Management Act 2004  Cemeteries and Crematoria Regulations 2005  Planning and Environment Regulations 2005  Planning and Environment (Fees) Further Interim Regulations 2014  Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010  Road Management (General) Regulations 2005  Road Management (Works and Infrastructure) Regulations 2005 Any decision made by an officer under delegation is treated the same as having been made by Council.

Other Options Council could choose not to delegate any powers, duties or functions to staff. However, if this were to occur Council would be responsible for making all decisions and acting on all powers, duties and functions as outlined in each relevant section of each piece of legislation. This would not allow for timely decision making, nor effective governance. This would also place a large financial burden on Council for two reasons. Firstly, if all officers have to present all decisions to Council for formal resolution, including standard administrative matters, there would be a significant cost. Secondly, if Council is challenged in court for not having appropriate delegations in place for officers there would be a substantial financial and reputational impact.

Officer’s Conclusion and Recommendation It is recommended that Council adopt the Instrument of Delegation from Council to staff for the powers, duties and functions under the relevant legislation as outlined in the attachment.

Recommendation That Council adopts the Instrument of Delegation from Council to staff and revokes all previously adopted Instruments of Delegation from Council to staff.

Attachments

AT-1 2016 06 22 Instrument of Delegation Council to Staff 98 Pages

Bass Coast Shire Council Page 155 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Council Decision Moved: Cr. Andrew Phillips / Seconded: Cr. Kimberley Brown That the recommendation be adopted. CARRIED

For Against Cr Brown Cr Rankine Cr Crugnale Cr Wright Cr Drew Cr Le Serve Cr Phillips

Bass Coast Shire Council Page 156 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Statutory Reports

Bass Coast Shire Council Page 157 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

I Statutory Reports

Council Decision Moved: Cr. Clare Le Serve / Seconded: Cr. Bradley Drew That agenda items I.1, I.2, I.3, I.4, I.5 and I.6 be considered as a block. CARRIED UNANIMOUSLY

Council Decision Moved: Cr. Phil Wright / Seconded: Cr. Kimberley Brown That agenda items I.1, I.2, I.3, I.4, I.5 and I.6 be received. CARRIED UNANIMOUSLY

I.1 Development Services - Planning Permits issued under delegation for April 2016

File No: CM16/337 Department: Sustainable Development and Growth Council Plan Strategic Objective: Sustainable Development & Growth Our built environment complements our landscape, lifestyle and climate.

PERMITS REFUSED: Nil.

PERMITS ISSUED: Anderson Ward 150361: Dwelling additions with a maximum height of 7 metres above natural ground 48 Gruber Street, Kilcunda. 150352: Development of two dwellings and two lot subdivision located at 46 Oxford Way, North Wonthaggi. 150353: Display of advertising signage located at 1/303 White Road, South Dudley. 150356: The installation of an above ground self contained storage tank for Ad- Blue located at 103-107 McKenzie Street, Wonthaggi. 160028: Removal of carriageway easement E-1 located at 15 Oates Road, North Wonthaggi. 160040: The subdivision of the land into two (2) lots located at 2-12 Regency Drive, North Wonthaggi. 160060: The development of the land for a dwelling located at 20 Connor Place, Kilcunda.

Bass Coast Shire Council Page 158 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Churchill Ward 150360: Extension to existing dwelling located at 115 Rhyll-Newhaven Road, Rhyll. Hovell Ward 150336: The use and development of a dwelling and shed located at Lot 156 PS502616 Albert Ruttle Drive, Inverloch. 150376: Construction of a dwelling located at 90 Viminaria Road, Harmers Haven. 150383: Construction of a dwelling located at 4 Williamsons Walk, Wonthaggi. 160045: The construction of a building (Carport) located at 1235 Inverloch- Kongwak Road, Inverloch. 160049: The subdivision of the land into two (2) lots located at 158 and 162 Reed Crescent, Wonthaggi. 160091: Removal of building in a Heritage Overlay located at 76 McBride Avenue, Wonthaggi. Leadbeater Ward 150118: The subdivision of the land into twelve (12) lots located at Lot 1 TP887222 Clarke Street, Grantville. 150309: Removal of existing access and creation of a new access to a road in Road Zone Category 1 located at 1240 Bass Highway, Grantville. 160006: The subdivision of the land into two (2) lots located at 17 Pier Road, Grantville. 160016: Removal of two (2) trees located at Kindergarten at 60 Corinella Road, Corinella. 160024: The construction of a dwelling on land lower than 5 AHD located at 10 Vision Lane, Grantville. 160027: The subdivision of the land into two (2) lots located at 59-61 Bayview Avenue, Tenby Point. McHaffie Ward 150252: The subdivision of the land into four (4) lots and removal of vegetation considered as low significance or is in poor condition and to allow for access located at 526 Ventnor Beach Road, Ventnor. Thompson Ward 150238: The subdivision of the land into two (2) lots located at 1/136-144 McKenzie Road, Cowes. 150344: The construction of a second dwelling located at 8 Alexander Avenue, Cowes. 160013: Remove trees to allow for future development located at 12 Pardalote Place, Cowes. 160047: Removal of two (2) trees and lop one (1) tree and lop one (1) street tree to allow for future development located at 5 Birdwood Avenue, Cowes. 160070: The subdivision of the land into two (2) lots located at 41 Jenner Avenue, Cowes. Bass Coast Shire Council Page 159 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

160078: VicSmart Approved – The removal of one (1) tree (native) to allow for future development located at 7 Peninsula View, Cowes. Townsend Ward 150251: Development of two (2) double storey dwellings located at 3 Hopetoun Street, Inverloch. 150292: The construction of two dwellings and the removal of vegetation located at 7 Golf Street, Inverloch. 150317: Use and development of land as a medical centre and waiver of car parking requirement located at 27 A’Beckett Street, Inverloch. 150322: The two lot subdivision of existing dwellings and the creation of a common property located at 59 Williams Street, Inverloch. 150354: The subdivision of the land into two (2) lots located at 18 High Street, Inverloch. 150355: The subdivision of the land into two (2) lots located 46 Halford Street, Inverloch. 150397: Alterations and additions to medical centre and waiver the car parking requirements located at 25A’Beckett Street, Inverloch. 160001: Buildings and works to construct a dwelling on land affected by the Design and Development Overlay Schedule 9 located at 137 Lohr Avenue, Inverloch. 160003: Construct a dwelling with a site coverage greater than 30% (35.65%) and alteration to the building envelope located at 4/62 Surf Parade, Inverloch. 160026: Alteration of an existing dwelling located at 136 Lohr Avenue, Inverloch. 160035: Extension and renovation to an existing dwelling on a lot with two dwellings located at 1/7 Toorak Road, Inverloch.

Gazetted on 14 April 2016 Island Ward – 1: Nil Westernport Ward – 2: Nil Bunurong Ward – 3: Nil

Bass Coast Shire Council Page 160 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

DEVELOPMENT SERVICES ACTIVITY REPORT FOR APRIL 2016

This Last Year to Statutory Planning month month Date

% of applications determined within statutory timeframe 71% 50% 67%

Number of live applications 56 42 177

Number of applications received for the month 42 38 402

Number of Responsible Authority outcomes 56 24 373

This Last Year to Building Services month month Date

Number of Essential Service Measure inspections 0 1 45

Number of pool audit inspections 36 35 151

Number of Report and Consent applications determined 17 16 168

Number of building permits issued 0 0 12

Siting consents issued 4 1 16

Number of building notices/orders issued 0 1 34

Number of live notices/orders 42 44

This Last Year to Enforcement month month Date

Number of new planning cases 3 5 101

Number of building cases 1 0 15

Number of live enforcement files 83 85

Number of planning infringement notices issued 2 3 14

Number of VCAT enforcement orders issued 0 1 2

Number of Magistrates Court prosecutions 1 0

Total fines received $2896 $2275 $18479

Figures calculated on financial year

Bass Coast Shire Council Page 161 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Recommendation That the Development Services Planning Permits issued under delegation report for April 2016 be received.

Attachments There are no attachments for this report.

Bass Coast Shire Council Page 162 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

I.2 Domestic Animal Management Advisory Committee

File No: CM16/440 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities Our community feels connected, safe and strong.

Declaration The author has no direct or indirect interests in relation to this report.

Summary Attached are the minutes of the Domestic Animal Management Advisory Committee meeting held on Monday, 2 May 2016. Items discussed at this meeting:  Terms of Reference, Agenda & Minutes  Strategic Projects o Council resolution 20 April 2016 o Working groups  DAMP Projects o Cat curfew & mandatory desexing o Dogs on beaches and beach off leash areas o Inland dog park o Dog poo  General business and operational issues

Reporting to Council The Domestic Animal Management Advisory Committee Terms of Reference (Council adopted at the 21 May 2014 Council meeting) recognise:  The Committee shall inform the Council of its activities on a regular basis. This is satisfied by the delivery of a copy of the minutes of each meeting of the Committee to Council’s Governance Officer who will include those minutes in the agenda papers for the next Ordinary Meeting of Council.

Recommendation That Council receives the minutes of the Domestic Animal Management Advisory Committee meeting held on 2 May 2016.

Bass Coast Shire Council Page 163 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Attachments

AT-1 DAMAC meeting minutes - 2 May 2016 4 Pages

AT-2 DAMAC Terms of Reference Adopted 4 Pages

Bass Coast Shire Council Page 164 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

I.3 Assembly of Councillors Report for May 2016

File No: CM16/344 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The reporting officer has no direct or indirect interest in this matter

Summary Section 80A of the Local Government Act 1989 (the Act) requires all assembly of Councillors records to be reported on at the next practicable ordinary meeting of Council and to be recorded in the minutes of that meeting. This report intends to fulfil the requirements of the legislation.

Introduction Section 76AA of the Act defines an Assembly of Councillors as ‘a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be- a. the subject of a decision of the Council; or b. subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee- but does not include a meeting of the Council, a special committee of the Council, an audit committee established under section139, a club, association, peak body, political party or other organisation.’ Section 80A requires a written record to be kept of all such assemblies, stating the names of all Councillors and Council staff attending, the matters considered and any conflict of interest disclosures made by a Councillor. These records must be reported, as soon as practicable, at an ordinary meeting of the Council and recorded in the minutes. Below is a summary of all assembly of Councillors records since the last Ordinary meeting of Council.

Bass Coast Shire Council Page 165 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Date Assembly of Councillors Councillors in attendance 27 April 2016 HR Committee Cr Jordan Crugnale, Cr Clare Le Serve 28 April 2016 Port of Hastings Cr Jordan Crugnale, Cr Clare Le Serve, Cr Neil Rankine 4 May 2016 Policy Workshop Cr Jordan Crugnale, Cr Phil Wright, Cr Andrew Phillips, Cr Bradley Drew, Cr Clare Le Serve, Cr Neil Rankine 11 May 2016 Policy Workshop Cr Jordan Crugnale, Cr Phil Wright, Cr Andrew Phillips, Cr Clare Le Serve, Cr Neil Rankine 11 May 2016 Wonthaggi Centennial Centre Cr Jordan Crugnale, Cr Andrew Expressions of Interest Phillips, Cr Clare Le Serve Presentations 11 May 2016 Community Engagement Cr Jordan Crugnale, Cr Neil Question Time Rankine, Cr Andrew Phillips, Cr Clare Le Serve 18 May 2016 Wonthaggi Centennial Centre Cr Jordan Crugnale, Cr Clare Le Expressions of Interest Serve, Cr Bradley Drew, Cr Presentations Andrew Phillips 18 May 2016 Councillors and Executive All Councillors Team 25 May 2016 Policy Workshop Cr Jordan Crugnale, Cr Neil Rankine, Cr Phil Wright, Cr Clare Le Serve

Recommendation That the Assembly of Councillors Records be received.

Bass Coast Shire Council Page 166 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Attachments

AT- 2016 04 27 HR Committee 1 1 Page

AT- 2016 04 28 Port of Hastings 1 2 Page

AT- 2016 05 04 Policy Workshop 1 3 Page

AT- 2016 05 11 Policy Workshop 1 4 Page

AT- 2016 05 11 Wonthaggi Centennial Centre Expressions of Interest 1 5 Presentations Page

AT- 2016 05 11 Community Engagement Session 1 6 Page

AT- 2016 05 18 Wonthaggi Centennial Centre Expressions of Interest 1 7 Presentations Page

AT- 2016 05 18 Councillors and Executive Team 1 8 Page

AT- 2016 05 25 Policy Workshop 1 9 Page

Bass Coast Shire Council Page 167 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

I.4 Contracts Awarded Report

File No: CM16/365 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The author has no direct or indirect interests in relation to this report.

Summary For the period from 1 April 2016 to 30 April 2016, the following contracts have been formed under the Chief Executive Officer’s Instrument of Delegation since the last report.

Contra Description Contractor Contract Sum ct No. Including GST

Grass Mowing at Wonthaggi and Connecting Skills 16003 $40,480.00 San Remo Cemeteries Australia

Replacement & Upgrade of GR Design & 16008 Anderson Street Toilet Block, $139,221.50 Construct Cowes

Roadside Services Schedule of Rates Line Marking Renewal Programme 16011 & Solutions Pty 2016/2017 (Approximately Ltd $110,000.00)

Contracts Awarded by Council No contracts have been formed under Council’s Instrument of Delegation since the last report.

Recommendation That the Contracts Awarded Report be received.

Bass Coast Shire Council Page 168 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Attachments

AT-1 Contracts Register 16003 2 Pages

AT-2 Contracts Register 16008 1 Page

AT-3 Contracts Register 16011 1 Page

Bass Coast Shire Council Page 169 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

I.5 CEO's Report for June 2016

File No: CM16/408 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The author has no direct or indirect interests in relation to this report.

Summary Bass Coast Shire Council is committed to introducing more regular updates on the key projects and initiatives that are implemented. The attached report highlights a number of key projects and their progress.

Strategic Basis The Council Plan 2013-2017 contains a number of principles and key strategic objectives. The projects outlined in this report all contribute to the achievement of this Plan. The objectives in the Council Plan include:  Natural Environment  Sustainable Development and Growth  Healthy Communities  Effective Governance  Economic Development The relevant principles within the Council Plan, which are to guide all Council decisions and actions include:  The social, environmental and economic priorities of the Shire benefit both current and future generations  The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised  Equity in the distribution of resources across the Shire  Transparent evidence-based and inclusive decision making  The provision and use of energy and resources will be promoted in an efficient and sustainable way Delivery of the Major Initiatives, delivers key actions, strategies and plans which aid Council to sustain and deliver better services to the community. This assists Council in achieving all five key strategic objectives and associated strategies within the Council Plan.

Bass Coast Shire Council Page 170 Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Finances All of the projects highlighted in this report are funded through the 2016/17 Budget. Some of these projects have received grant funding.

Stakeholders Council, ratepayers, external funding bodies, residents and visitors are all affected by the delivery of the program

Statutory Requirements/Codes/Standards/Policies The Major Initiatives are allocated for in the 2016/17 Budget. These projects are developed, approved and spent in accordance with the Local Government Act 1989, and the Procurement Policy. The Local Government Act states that the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions.

Recommendation That the CEO’s Report for June 2016 be received.

Attachments

AT-1 CEO's report - June 2 Pages

Bass Coast Shire Council Page 171 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

I.6 Quarter 3 Efficiency Report 2015/2016

File No: CM16/401 Department: Governance and Organisation Development Council Plan Strategic Objective: Effective Governance Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Declaration The author has no direct or indirect interests in relation to this report.

Summary The purpose of this report is for Council to note the efficiencies that the organisation has found during the first quarter of 2015/2016. These efficiencies have been organised into three categories which include:  Service Reviews  Organisation Design  Continuous Improvement Management and officers continue to look for opportunities to review the way we provide services to ensure that they remain relevant and are as efficient as possible. Any savings identified within the 2015/16 financial year will allow greater investment in Capital Works or a reduction in any need for rate increases in future years.

Background The Council Plan articulates the Council’s vision for the future of Bass Coast and outlines strategies to be used by Council in fulfilling the vision. The Chief Executive Officer is responsible for the delivery of services and initiatives that align to the achievement of the Council Plan. Following the commencement of the CEO, the staff resources were realigned to ensure that that structure allowed for efficient delivery of services and key initiatives identified within the Plan. Management continually reassess the structures of their departments to ensure resources are best allocated to achieve good outcomes for our community. Council has also committed to a culture of continuous improvement and review of processes and practices to ensure the way we delivery services is efficient, relevant and meets the needs of our community. The Council has also committed to a series of Service Reviews which include the review of six services per year. The purpose of the service reviews: • Is designed to find operational efficiencies and innovations to deliver services to the community in accordance with the Council Plan and Long Term Financial Plan.

Bass Coast Shire Council Page 172 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

• Is our commitment to continuous improvement in what we do. • Is not about performance. In general, service reviews are designed to determine the level of service we will provide and the most appropriate strategic model to provide that service. Each of these opportunities provides Council with opportunities to identify savings and improvements.

Strategic Basis The Council Plan 2013-2017 contains a number of principles and key strategic objectives. The efficiencies identified in this report align to the provision of services outlined in this Plan. The objectives in the Council Plan include:  Natural Environment  Sustainable Development and Growth  Healthy Communities  Effective Governance  Economic Development The relevant principles within the Council Plan, which are to guide all Council decisions and actions include:  The social, environmental and economic priorities of the Shire benefit both current and future generations  The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised  Equity in the distribution of resources across the Shire  Transparent evidence-based and inclusive decision making  The provision and use of energy and resources will be promoted in an efficient and sustainable way

Finances All of the major efficiencies identified during 2015/16 will be considered in the preparation of the 2016/2017 Budget and will be transferred to future capital works or to the reduction in any need for rate increases in future years. All efficiencies will be in accordance with the Council resolution from the Ordinary Meeting of Council dated 22 April: That future rate increases proposed in the long-term financial plan be reviewed when considering options for the application of savings achieved as a result of service reviews.

Stakeholders Council, Council staff, ratepayers, residents and visitors are all affected by the delivery of efficiencies across Council.

Bass Coast Shire Council Page 173 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Statutory Requirements/Codes/Standards/Policies The Local Government Act states that the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions.

Officer’s Conclusion and Recommendation The efficiencies and savings that have been identified in the second quarter for 2015/2016 are detailed in the attachment, they include:

Service Reviews

Service Efficiency Realised

Statutory Planning, Building Approvals and Planning

Administration

The current program and status of our service reviews are:

Parks and Gardens Quotations are being sought A scope has been prepared and quotations are being sought for the conduct of the review.

Revenue Services Appoint consultant DJK Consulting has been appointed to conduct the review which will be completed by July 2016.

Governance and Benchmarking Councillor Support The consultation with staff and key stakeholders has been completed, the analysis of systems and processes has been completed. Benchmarking with like Councils is currently being reviewed.

Funding to other Analysis Organisations A list of contributions to other organisations has been prepared and a review of the value and outcomes we received for our contribution is being assessed.

Caravan Parks Draft Report A draft report is currently being prepared for consideration.

Bass Coast Shire Council Page 174 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Recreation Services Draft Report A draft report is currently being prepared for consideration.

Waste Management Draft Reports The strategic position has been developed and approved by Council. Tenders are currently being evaluated.

Fleet Management Draft Report All of the analysis has been completed and we are awaiting a draft report with recommendations.

Statutory Planning, Implementation Building Approvals and An implementation plan has been prepared and Planning Administration management is working through the options with staff. This will result in the refocusing of positions.

Visitor Services Implementation A shared service model between customer service and visitor services is being implemented across Cowes and Inverloch. An Expression of Interest process is underway in relation to the change of purpose for the Wonthaggi Centennial Centre with the provision of visitor information.

Cemetery Management Implementation A revised management model is being implemented with changes to procedures and policy documents and regular Trust Meetings. We are liaising with Southern Metropolitan Cemeteries Trust on an improved management model.

Valuations Implementation The Valuations service will be outsourced to the Valuer General’s Office from September 2016 This has resulted in savings of $80,000 which will be realised in the 2016/2017 budget. It will also reduce 2 EFT.

Building Approvals Implemented

Environmental Health Implemented Services

Local Laws Implemented

Bass Coast Shire Council Page 175 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Emergency Management Implemented and Fire Prevention

Organisation Design

Reduction of Department Effective Full Time (EFT) Staff

Statutory Planning, Building Approvals and Planning 1.4 EFT Administration

Continuous Improvement

$ Savings or Activity or Process Hours Saved

Reduction in advertising spend $35,000

Internal resourcing of some bridge inspections $23,335

Review of mobile phone accounts $40,000

Recommendation That the Efficiency Report be received.

Attachments

AT-1 Quarter 3: Efficiency Report 1 Page

Bass Coast Shire Council Page 176 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

J Urgent Business

There was no Ugent Business.

Mayoral Announcement Of Next Meeting Of Council The next Ordinary Council meeting will be held on Wednesday, 20 July 2016 in the Heritage Centre, 89 Thompson Avenue, Cowes commencing at 5.00pm. The next Community Engagement Question Time session will held on Wednesday, 13 July 2016 in the Bass Coast Civic Centre Council Chamber, Baillieu Street East, Wonthaggi commencing at 3.00pm.

Meeting adjourned The meeting was adjourned at 8.05pm

Meeting resumed The meeting resumed at 8.11pm Cr Phillips was not in attendance at the resumption of the meeting.

Bass Coast Shire Council Page 177 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Items Closed to the Public

Excerpt of Section 89 of Local Government Act 1989. (2) A Council or special committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following: (a) Personnel matters; (b) The personal hardship of any resident or ratepayer; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or special committee considers would prejudice the Council or any person; (i) A resolution to close the meeting to members of the public. (3) If a Council or special committee resolves to close a meeting to members of the public the reason must be recorded in the minutes of the meeting.

Bass Coast Shire Council Page 178 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Council Decision

Moved: Cr. Clare Le Serve / Seconded: Cr. Kimberley Brown That the meeting be closed to members of the public pursuant to Sections 89 (g) and (h) of the Local Government Act 1989, to consider these items as they deal with matters affecting the security of Council property and other matters. CARRIED UNANIMOUSLY

Bass Coast Shire Council Page 179 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

K Confirmation of Closed Minutes

K.1 Minutes of Closed Ordinary Meeting held on 18 May 2016

Cr Philips returned to the meeting 8.13pm

Bass Coast Shire Council Page 180 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

L Notices of Motion Closed to the Public

L.1 161/16 – Proposed Development

It is recommended that the meeting be closed to members of the public pursuant to Section 89 (e) of the Local Government Act 1989, to consider this item as it deals with proposed developments.

Bass Coast Shire Council Page 181 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

M Reports Requiring Council Decision Closed to the Public

M.1 Personnel Matters

It is recommended that the meeting be closed to members of the public pursuant to Section 89 (a) of the Local Government Act 1989, to consider this item as it deals with personnel matters.

Bass Coast Shire Council Page 182 Minutes of Ordinary Meeting - 22 June 2016 Bass Coast Shire Council

Council Decision Moved: Cr. Neil Rankine / Seconded: Cr. Andrew Phillips That the meeting be reopened to the public. CARRIED UNANIMOUSLY

Meeting closed The meeting closed at 8.24pm

Bass Coast Shire Council Page 183