North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
Agreement For
North Central Goldfields Regional Library Corporation
Trading as
Goldfields Library Corporation
2011-2014
Regional Library Agreement
1 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
This AGREEMENT is made on the………………………………………
BETWEEN :
Greater Bendigo City Council, a Body Corporate established under an Order-in- Council made pursuant to the Local Government Act 1989, of Lyttleton Terrace, Bendigo:
Mount Alexander Shire Council, a Body Corporate established under an Order-in-Council made pursuant to the Local Government Act 1989, of 25 Lyttleton Street, Castlemaine:
Macedon Ranges Shire Council, a Body Corporate established under an Order-in-Council made pursuant to the Local Government Act 1989, of 129 Mollison Street, Kyneton:
Loddon Shire Council, a Body Corporate established under an Order-in- Council made pursuant to the Local Government Act 1989, of 41 High Street, Wedderburn.
RECITALS
a. The Councils have entered into an agreement to operate a Regional Library, under section 196 of the Local Government Act, 1989, to service the area comprising their municipal districts.
b. The Councils have agreed on the assets they will provide for the use of, or, transfer to the ownership of, the Regional Library.
c. The Councils have agreed to contribute certain sums of money annually for the purposes of the Regional Library.
d. This Agreement should be read in conjunction with the NCGRL’s Service and Funding Agreement, 2011-2014.
e. The Agreement dated 27th November 2009 is amended by this Agreement.
AGREEMENT
1. DEFINITIONS
In the interpretation of this Agreement, including the Recitals, except where the context otherwise requires -
a. the following words shall have the following meaning -
2 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
"Act" means the Local Government Act 1989;
“Asset” means defined resources made available to the Corporation by member Councils to assist in the provision of library services and consisting of such items as real property, machinery, furniture, fittings and equipment.
"Board" means the governing body of the Regional Library established under clause 3.1;
"Chief Executive Officer" means the person appointed in accordance with the Act;
"Council" means a party to this Agreement;
"Local Law" means a Local Law made in accordance with Part 5 of the Act;
"Minister" means the Victorian Government Minister responsible for administering Local Government Act 1989;
"Regional Library" means the regional library corporation established under this Agreement;
b. words denoting the singular shall include the plural and vice versa;
c. words denoting any gender include all genders;
d. headings are for convenience only and shall not affect the interpretation of this Agreement.
2. CREATION OF THE REGIONAL LIBRARY
The North Central Goldfields Regional Library Corporation (Trading as Goldfields Library Corporation) has been constituted as a regional library corporation for the purposes of section 196 of the Act to -
a. provide, subject to any conditions attached to any State government library subsidies and grants to the Regional Library or the Councils, a regional library service for Councils' municipal districts as determined by the Board;
b. make Local Laws relating to the Regional Library;
c. perform any other functions which are conferred on the Regional Library under this Agreement or the Act, including defining overall policy objectives, developing strategic policy and approving a Library Plan and an Annual Operating Plan; and
3 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
d. to do all things necessary or expedient in accordance with this Agreement and the Act for the carrying out of its functions.
3. MEMBERSHIP OF THE BOARD
3.1 The Board of the Regional Library shall consist of the following members –
(a) One (1) Councillor appointed by each Council
(b) One (1) other person appointed by each Council
3.2 A Council may appoint a councillor, or other person to act as deputy in place of its appointed members.
3.3 A member and deputy shall hold office until the term of his/her appointment expires, until removed or the person resigns or ceases to be a councillor or member of council staff, whichever occurs first.
3.4 A Council may remove from office its appointed member or deputy.
3.5. A Council must fill a vacancy in its members as soon as possible and notify the Board in writing of the new member.
3.6 The office of a member automatically becomes vacant if he/she is absent for three consecutive meetings without the leave of the Board.
4. PROCEEDINGS OF THE BOARD
4.1 The Board shall hold an ordinary meeting at least once in every three months.
4.2 If a special meeting is called, it must be called by the Chief Executive Officer on the request of the Chairperson or three members of the Board.
4.3 The Board shall elect a member to be Chairperson and a member to be Deputy Chairperson of the Board and they shall hold office for twelve months, unless they go out of office earlier in accordance with Clause 3.3 of this Agreement.
4.4 a. The election for the Chairperson and Deputy Chairperson of the Board shall be held by the Board at its first meeting after the general election of councillors for a Council and will be for a period of one year.
b. Where there is no general election of Council, the election for the Chairperson and Deputy Chairperson of the Board shall be held by the Board at its first meeting after the Statutory Meetings of the Councils each year and will be for a period of one year.
4 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
4.5 The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson shall preside at a meeting of the Board.
4.6 In the absence of the Chairperson and Deputy Chairperson from a Board meeting, the remaining members of the Board may elect one of their number to preside at that meeting.
4.7 If a Member is unable to attend a Board meeting, he or she may delegate a proxy for that Member. The proxy is entitled to vote on behalf of that Member.
4.8 An item of business may not be transacted at a general meeting unless a quorum is present when the meeting proceeds to consider it.
4.9 Any five members of the Board constitute a quorum to allow the transaction of business at a meeting of the committee.
4.10 If a quorum is present at the beginning of a meeting it is taken to be present throughout the meeting unless the Chairperson of the meeting on their own motion or at the request of a Member, proxy who is present, declares otherwise.
4.11 If within thirty minutes after the time appointed for a general meeting a quorum is not present, the meeting:
a. if convened by, or on requisition of, Members is dissolved; and
b. in any other case stands adjourned to the next meeting, or to such other day, time and place as the Chairperson appoints by notice to the Members and others entitled to notice of the meeting.
4.12 Notice of motion to recommend amendment of this Agreement and notice of motion for the adoption or amendment of Local Laws by the Board shall be given in writing to Councils at least one month before the meeting of the Board at which the motion is to be discussed.
4.13 Each Council agrees to indemnify the Regional Library in respect of any liability incurred as a consequence of the operation of section 76 of the Act in relation to each of its appointed members.
5. CHIEF EXECUTIVE OFFICER
5.1 The Board shall appoint a Chief Executive Officer of the Regional Library.
5.2 In addition to any responsibilities imposed on a Chief Executive Officer in the Act, the Chief Executive Officer shall be responsible to the Board for the finances and administration of the Regional Library including the
5 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
implementation of the Library Plan, delivery of the service and administrative support for the Board, employment and management of staff and any other duties specified by the Board subject to CEO delegation.
6. EQUITY AND OPERATING COSTS
6.1 The Chief Executive Officer shall maintain a register of the assets provided for the use of the Regional Library by Councils. This register must indicate which Council owns each asset.
6.2 The Chief Executive Officer shall maintain a register of assets owned by the Regional Library.
6.3 Respective Asset Registers must be updated by 1 March each year.
6.4 A Council must, unless otherwise agreed by Councils, give one clear financial year’s notice in writing to the Chief Executive Officer of its intention to withdraw assets from the use of the Regional Library.
6.5 The Regional Library shall, unless otherwise agreed by Councils, be responsible for the maintenance, repair, replacement and operating costs of assets owned by the Regional Library.
6.6. Each Council shall, unless otherwise agreed by Councils, be responsible for the maintenance, repair, replacement and operating costs of assets owned by it but provided for the use of the Regional Library.
6.7 The Regional Library shall, unless otherwise agreed by Councils and subject to clauses 6.5 and 6.6, be responsible for its own operating costs.
7. STRATEGIC PLANNING
7.1 The Chief Executive Officer shall be responsible for preparing a Library Plan for approval by the Board within six months of each general election at member Councils in accordance with section 125 of the Local Government Act.
7.2 The Chief Executive Officer shall by 1 June each year prepare and provide each Council with a proposed Annual Operating Plan for the financial year commencing 1 July.
7.3 The Annual Operating Plan shall include a program for the delivery of services by the Regional Library which identifies the nature and extent of proposed services and an estimate of the costs of the provision of those services.
7.4 The Regional Library must adopt a Library Plan and an Annual Operating Plan by the date specified in the Act for the adoption of its annual Budget.
6 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
7.5 The Corporation must consider whether the Library Plan requires any adjustment at least once a year.
8. ANNUAL BUDGET
8.1 The Chief Executive officer shall by 1 June each year provide each Council with a copy of the Regional Library's proposed annual Budget prepared in accordance with section 127 of the Act.
8.2 The proposed annual Budget shall include -
a. the amount of funds currently held by the Regional Library;
b. the amount of each Council's proposed financial contribution to the Regional Library for the financial year commencing 1 July;
c. the amount of funds to be received from any other source by the Regional Library in the financial year commencing 1 July;
d. standard statements and description of activities and initiatives to be funded in the budget;
e. a statement as to how activities and initiatives will contribute to the achievement of strategic objectives in the Library Plan; and
f. key strategic activities and performance targets and measures.
9. ANNUAL FINANCIAL CONTRIBUTIONS
9.1 The amount to be contributed to the Regional Library by each Council during each financial year shall be the sum of -
a. the amount specified in the Regional Library's adopted annual budget;
b. all State Government library subsidies and grants received by the Council for the library services; and
c. funds received by the Council from any other source for library services.
9.2 The Councils must agree on a funding formula for the purpose of making annual financial contributions to the Regional Library under clause 9.1 (a).
9.3 Each Council's financial contribution to the Regional Library shall be paid in quarterly instalments on the first day in July, October, January and April of each year.
7 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
9.4 All instalments shall be paid in equal instalments.
9.5 All other Council contributions under clause 9.1 shall be paid within one month of receipt of a tax invoice from the Regional Library.
9.6 In addition to the contributions payable under this clause, a Council shall be responsible for the Regional Library's costs in providing any additional service or resources requested by the Council and such costs are to be paid within 30 days of the Council receiving an invoice from the Regional Library.
9.7 Interest shall be paid on any amount payable under clause 9 which is not received by the Chief Executive Officer within 14 days of the due date at the rate fixed by the Governor in Council for the purposes of section 172 of the Act and calculated monthly from the date the amount became due until the date it is received by the Chief Executive Officer.
10. ANNUAL REPORTING AND ACCOUNTS
10.1 The Chief Executive Officer shall, within three months of the end of the financial year, provide each Council with a copy of the Regional Library's Annual Report prepared in accordance with section 131 of the Act.
10.2 The books of accounts and all other financial records of the Regional Library shall be available for inspection at all reasonable times by any councillor, or person authorised by a Council, or, by any person authorised by the Secretary of the Department responsible for administering State Government library subsidies and grants from which the Regional Library or Councils receive funds.
11. ENTRY AND EXIT OF PARTIES
11.1 A Council which is not a party to this Agreement may, by supplementary agreement with the Councils, be admitted as a party to this Agreement and subject to the provisions of the supplementary agreement, shall have the same rights, duties and obligations of the Councils under this Agreement.
11.2 A Council may withdraw from this Agreement having given not less than one clear financial year’s notice in writing to the Chief Executive Officer of its intention to do so.
11.3 A Council which has given notice under clause 11.2 must, unless otherwise agreed by the Councils, withdraw from this agreement on 30 June in any year.
11.4 A Council which withdraws from this Agreement shall be entitled to a portion of the net assets of the Regional Library as at the date of its withdrawal from the Agreement, less an amount which represents the full costs to the Regional Library of the withdrawal.
11.5 The portion of net assets to which a Council is entitled under clause 11.4 -
8 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
a. shall be calculated according to the value of the assets as disclosed by the relevant audited financial statements;
b. shall be in the same proportion as its financial contribution to the Regional Library bears to all the member Councils' financial contributions to the Regional Library over the duration of this Agreement;
c. may be taken in such combination of property and cash as agreed between the Council and the Board, and if it is agreed that a Council is entitled to library materials, the cost of removing them shall be paid for by the Council.
11.6 A Council which withdraws from this Agreement shall be liable for a portion of the liabilities, including contingent liabilities, of the Regional Library as at the date of its withdrawal from the Agreement.
11.7 The portion of the liabilities and contingent liabilities to which a Council is liable under clause 11.6 -
a. shall be calculated according to the liabilities and contingent liabilities as disclosed by the relevant audited financial statements and reports, and any notes attached to them;
b. shall be in the same proportion as its financial contribution to the Regional Library bears to all the member Council's financial contributions to the Regional Library over the duration of this Agreement; and
c. in the event of the withdrawal resulting in staff redundancies the cost of such redundancies will be paid for by the withdrawing Council or Councils.
12. DISSOLUTION OF REGIONAL LIBRARY
12.1 Subject to section 197G of the Act, the Regional Library may be dissolved by agreement of at least three quarters of the parties to this Agreement including those admitted as a party by supplementary agreement.
12.2 If the Regional Library is dissolved under this clause -
a. each Council shall be entitled to a portion of the Regional Library's assets in the same proportion as its financial contribution to the Regional Library bears to all the member Councils' financial contributions to the Regional Library over the duration of this Agreement; and
9 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
b. each Council shall be liable for a proportion of the liabilities and contingent liabilities of the Regional Library in the same proportion as its financial contribution to the Regional Library bears to all member Councils' financial contributions to the Regional Library over the duration of this agreement.
13. DISPUTE RESOLUTION
13.1 If there is any dispute or difference between a Council and the Regional Library or between any of the Councils which arises out of this Agreement or concerns the Regional Library; the matter shall be determined as a dispute under the Commercial Arbitration Act 1984 and the arbitrator's decision shall be final and binding on the parties to the dispute.
13.2 The parties to the arbitration shall -
a. be responsible for their own arbitration costs; and
b. unless otherwise determined by the arbitrator, share the arbitrator's costs equally.
14. AGREEMENT AMENDMENT
An amendment to this Agreement has no effect unless it is -
a. in writing and signed by all parties to the Agreement; and
b. approved by the Minister by notice published in the Government Gazette.
15. AGREEMENT REVIEW
The parties shall, together with the Board, review the operation of this Agreement at least once every three years.
16. CONDITIONS PRECEDENT
This Agreement has no effect as between the parties unless it is approved by the Minister in accordance with section 196(2) of the Act.
10 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
EXECUTED AS AN AGREEMENT
IN WITNESS WHEREOF
THE COMMON SEAL of the Greater Bendigo City Council was hereunto affixed on this
……………..day of …………… in the presence of -
Councillor : ......
Councillor : ......
Chief Executive Officer: ......
Date: ......
In accordance with a resolution of the Council made on……………………………….
THE COMMON SEAL of the Mount Alexander Shire Council was hereunto affixed on this
……………..day of …………… in the presence of -
Councillor : ......
Councillor : ......
Chief Executive Officer: ......
Date: ......
In accordance with a resolution of the Council made on……………………………….
11 North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Regional Library Agreement 2011-2014
THE COMMON SEAL of the Macedon Ranges Shire Council was hereunto affixed on this
……………..day of …………… in the presence of -
Councillor : ......
Councillor : ......
Chief Executive Officer: ......
Date: ......
In accordance with a resolution of the Council made on……………………………….
THE COMMON SEAL of the Loddon Shire Council was hereunto affixed on this
……………..day of …………… in the presence of -
Councillor : ......
Councillor : ......
Chief Executive Officer: ......
Date: ......
In accordance with a resolution of the Council made on……………………………….
12
Service and Funding Agreement 2011 to 2014
City of Greater Bendigo Mount Alexander Shire Council Macedon Ranges Shire Council Loddon Shire Council
and
The North Central Goldfields Regional Library Corporation
trading as
Goldfields Library Corporation
Schedule A: General Conditions Schedule B: Funding Arrangements Schedule C: Core Services Schedule D: Base Level Services and Standards Schedule E: Added / Modified Services
North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation
The Agreement: This Service and Funding Agreement is made on…………………………………………..,
BETWEEN The City of Greater Bendigo, a body corporate established under an Order-in- Council made pursuant to the Local Government Act 1989, of Lyttleton Terrace, Bendigo:
Signed and sealed for and on behalf of
…………………………………………………………………………………………………………….. Signature Position Date The Mount Alexander Shire Council, a body corporate established under an Order-in- Council made pursuant to the Local Government Act 1989, of 25 Lyttleton Street, Castlemaine:
Signed and sealed for and on behalf of
…………………………………………………………………………………………………………….. Signature Position Date
Macedon Ranges Shire Council, a Body Corporate established under an Order-in- Council made pursuant to the Local Government Act 1989, of 129 Mollison Street, Kyneton:
Signed and sealed for and on behalf of
…………………………………………………………………………………………………………….. Signature Position Date
Loddon Shire Council, a Body Corporate established under an Order-in- Council made pursuant to the Local Government Act 1989, of 41 High Street, Wedderburn
Signed and sealed for and on behalf of
…………………………………………………………………………………………………………….. Signature Position Date
North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation
AND
The North Central Goldfields Regional Library Corporation, trading as Goldfields Library Corporation Signed and sealed for and on behalf of the Goldfields Regional Library Corporation
…………………………………………………………………………………………………………….. Signature Position Date
Witnessed by
…………………………………………………………………………………………………………….. Signature Position Date
North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation Goldfields Library Corporation Service and Funding Agreement: 2011-2014
Table of Contents
Introduction: ...... 1 Background: ...... 1 Recitals: ...... 1 Scope of Service and Funding Agreement: ...... 2 SCHEDULE A: GENERAL CONDITIONS ...... 3 1. Governance: ...... 3 2. Policies and Standards: ...... 3 3. Advocacy:...... 4 4. Accountability and Reporting: ...... 4 5. Insurance: ...... 4 6. Dispute Resolution: ...... 5 7. Agreement Review: ...... 5 8. Termination of the Agreement: ...... 5 SCHEDULE B: FUNDING ARRANGEMENTS ...... 6 SCHEDULE B: FUNDING ARRANGEMENTS ...... 6 1. Source of Funds: ...... 6 2. Application of Funds: ...... 6 3. Specific Funding Requirements: ...... 7 4. Funds Management Responsibility: ...... 7 5. Funding Formula: ...... 7 6. Timing of Contributions: ...... 8 SCHEDULE C: CORE PUBLIC LIBRARY SERVICES...... 9 1. Core Services - Basic: ...... 9 2. Core Services - Value Added: ...... 10 SCHEDULE D: BASE LEVEL SERVICES & STANDARDS ...... 11 1. Accessibility: ...... 11 2. Circulation: ...... 12 3. Collection Management: ...... 13 4. Catalogues and Location Aids: ...... 14 5. Reference and Information Services: ...... 15 6. Information Technology and Technology Support: ...... 15 7. Library Programs:...... 16 8. Mobile Library: ...... 17 SCHEDULE E: ADDED/MODIFIED SERVICES ...... 19 APPENDIX 1 ...... 20 Library Hours ...... 20 APPENDIX 2 ...... 21 Members’ Borrowing Entitlements ...... 21 APPENDIX 3 ...... 22 Mobile Library...... 22
North Central Goldfields Regional Library Corporation trading as Goldfields Library Corporation
Introduction: This Service and Funding Agreement detail the responsibilities and obligations of the Goldfields Library Corporation and the four councils served by the Corporation. The Agreement is an extension to the Regional Library Agreement and constitutes a legally binding contract between the parties to the Agreement. This Service and Funding Agreement should be read in conjunction with the NCGRL’s Regional Library Agreement, 2011-2014.
Background: The North Central Goldfields Regional Library Corporation (NCGRL), trading as Goldfields Library Corporation was established in January 1996 to provide library and information services to the City of Greater Bendigo, Loddon Shire Council, Macedon Ranges Shire Council and Mount Alexander Shire Council.
Roughly based along the Calder Highway and extending outwards, the service covers an area of 12,979 square kilometres, one of the largest library regions in the State of Victoria. The service reaches a population of over 170,000, has a collection of over 300,000 items, has over 1.5 million loans a year and employs approximately 48 full time staff.
The Goldfields Library Corporation comprises ten libraries - at Bendigo, Castlemaine, Eaglehawk, Gisborne, Heathcote, Kangaroo Flat, Kyneton, Pyramid Hill, Romsey and Woodend. The Corporation also provides a Mobile Library service to outer Bendigo and Loddon regions as well as some areas of Buloke Shire and Central Goldfields Shire. The Mobile Library currently services 17 stops throughout these regions. A Home Library service also operates to major special accommodation centres and housebound patrons predominantly in the City of Greater Bendigo and Loddon Shire Councils.
Responsibility for the provision and management of the Library Service rests with the Board of the Corporation, which comprises two representatives from each of the four member Councils, who meet at least once every three months. The Corporation is managed by the Chief Executive Officer appointed by the Library Board.
The NCGRL’s mission is to ―provide accessible information, resources and stimulation for the recreational, cultural, educational and social development of our community‖.
Recitals: 1. The City of Greater Bendigo, the Loddon Shire Council, the Macedon Ranges Shire Council and the Mount Alexander Shire Council (the member councils) established the North Central Regional Library Corporation (NCGRL) on 12th January 1996 and are signatories to the Regional Library Agreement.
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2. The Regional Library Agreement establishes the NCGRL as an independent corporate entity, sets out the parameters within which the NCGRL may operate, establishes an obligation to comply with the relevant sections of the Local Government Act 1989 and Corporations law, and prescribes a number of key reporting and operating requirements.
3. The member councils contribute funds to the NCGRL to provide public library services across their municipalities. In aggregate, library services are provided across an area of 12,979 square kilometres to a population of over 170,000 (30 March 2010).
4. The member councils provide, maintain and, where necessary, replace buildings, suitable for the delivery of library services. The member councils also secure, clean and maintain these assets, including associated areas, such as gardens, paths, exterior signs and parking areas.
Scope of Service and Funding Agreement: 1. This Service and Funding Agreement will specify the base (i.e. minimum) level services and standards to apply across the region, as well as council specific arrangements for added and/or modified services.
2. This Agreement operates in conjunction with and supports the underlying principles and objectives of the Regional Library Agreement.
3. This Agreement comprises five principal parts. These are:
(a) Schedule A which details the general conditions of this Agreement. (b) Schedule B which details the funding arrangements. (c) Schedule C which details the NCGRL’s obligation with respect to core services. (d) Schedule D which specifies the base level services and standards which will apply to all member councils. (e) Schedule E which specifies those added and/or modified services which councils have negotiated directly with the NCGRL.
4. This Service and Funding Agreement will apply until 30th June 2014.
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SCHEDULE A: GENERAL CONDITIONS This schedule sets out the general conditions that will apply to all member councils and the NCGRL in relation to the provision of public library services.
1. Governance: 1.1 Clause 3 of the Regional Library Agreement specifies that the NCGRL will be governed by a Board consisting of the following members: (a) One (1) Councillor appointed by each Council. (b) One (1) other person appointed by each Council.
1.2 The Library Board will meet at least three monthly intervals, with the meetings to be hosted by the NCGRL.
1.3 Persons accepting a position on the Library Board will: (a) Participate in an induction program to acquire the understanding of library operations necessary to effectively fulfil the duties of a Board member. (b) Become an active and visible supporter of the library service. (c) Consider matters before the Board from a regional perspective, as well as from the perspective of the member council represented. (d) Make full and accurate reports of Board and NCGRL matters to the member council represented. (e) Act as an advocate for the NCGRL to influence the allocation of resources and service delivery in all dealings with external parties, including the member council represented.
1.4 The Chief Executive Officer appointed by the Board will: (a) Ensure compliance with financial and statutory requirements. (b) Administer the delivery of library services across the region. (c) Advise, assist and support the Board in the execution of its duties, with particular emphasis on policy development and strategic planning. (d) Perform other duties and responsibilities imposed under the Local Government Act 1989 and the Regional Library Agreement.
2. Policies and Standards: The NCGRL will provide and manage library services that conform to relevant national, state and local government policies and standards, as well as those policies and standards set by the NCGRL Board.
If, for any reason, this is not achievable, the NCGRL will report those areas of non-conformance to the Library Board and recommend appropriate strategies to achieve conformance. Where the
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non-conformance creates or may create a public or occupational health and safety risk, the NCGRL will take immediate action to eliminate the risk, including the temporary or permanent closure of library services if appropriate.
3. Advocacy: The NCGRL will act as advocate for existing and prospective library users and will make representations to councils, government bodies and other organisations and individuals to influence the allocation of resources assigned to the NCGRL and the public library sector generally.
4. Accountability and Reporting: The NCGRL will comply with all direct and indirect accountability and reporting requirements imposed legislatively or through agreements entered into by, or on behalf of, the NCGRL. These agreements include, but are not limited to:
The Local Government Act 1989. The Regional Library Agreement. The Funding and Service Agreements between the NCGRL and the Department of Planning and Community Development. This Service and Funding Agreement.
5. Insurance: 5.1 The NCGRL will ensure that adequate and current insurance cover is maintained for: Work Cover Public Liability. Professional Indemnity. Industrial Special Risk. Contents. Motor Vehicles. Other insurances as required.
5.2 The member councils are responsible for insuring buildings, fixed assets and fixtures used by the NCGRL, but owned and maintained by those councils, while the NCGRL is responsible for staff, patrons, furniture and equipment, materials, motor vehicles and other non fixed assets which are owned and maintained by the NCGRL.
5.3 By agreement NCGRL’s insurance can be arranged through the member councils. The City of Greater Bendigo is the broker for and, arranges all NCGRL insurances.
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6. Dispute Resolution: 6.1 If there is a dispute or difference between the parties in connection with this Agreement, the parties undertake to use all reasonable endeavours to settle the dispute or difference by negotiation.
6.2 If the parties cannot settle the dispute within 21 days, the matter shall be determined as a dispute under the Commercial Arbitration Act 1984 and the arbitrator’s decision shall be final and binding on the parties to the dispute.
6.3 The parties to the arbitration shall be responsible for their own costs and, unless otherwise determined by the arbitrator, share the arbitrator’s costs equally.
7. Agreement Review: The Agreement will be reviewed at least once every three years, six months prior to the end of each period. However, where changes to the Local Government Act 1989 have a significant impact on the Agreement, such changes are to be accommodated within the Agreement at the earliest opportunity.
8. Termination of the Agreement: 8.1 There are no provisions for early termination of this Agreement on the grounds of a party or parties wishing to downgrade the base level services and standards specified at Schedule D.
8.2 Parties wishing to terminate any or all of the added/modified services specified at Schedule E may only do so by approval of the Library Board and agreeing to compensate the other member councils for any costs or contingent liabilities incurred as a consequence of their action(s).
8.3 If the Agreement is terminated as a consequence of the NCGRL being dissolved, or a party or parties withdrawing from the NCGRL, then the relevant conditions from the Regional Library Agreement will extend to this Agreement.
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SCHEDULE B: FUNDING ARRANGEMENTS To maintain the provision of library services, the NCGRL requires funding support from the member councils and other parties. This schedule expands on clause 9 of the Regional Library Agreement and establishes the responsibilities of the member councils with respect to funding current and future library operations.
1. Source of Funds: The NCGRL may fund its operations from a variety of sources, including: (a) Contributions by the member councils in accordance with the funding formula approved by the Library Board. (Refer to Schedule B section 5.) (b) Government contributions in the form of the State Government’s Public Libraries Grant and other specific funding programs which apply from time to time. Such contributions will be paid directly to the NCGRL. (c) Revenues earned from charges. (d) Interest on investments. (e) Donations in the form of bequests and contributions. (f) Borrowings in accordance with the conditions imposed by section 197A of the Local Government Act 1989.
In addition to the above sources, funds may also be drawn down from accumulated reserves if deemed appropriate by the Library Board.
2. Application of Funds: The funds available to the NCGRL will be applied to: (a) The operating costs of the library service, which will include expenditures in relation to static branches, the mobile library and headquarters. (b) The capital requirements of the library service which will include the amount required to maintain the NCGRL’s materials collection in accordance with the Collection Management Policy and the amount required for the acquisition of other library assets, whether new or replacement. (c) Ensure that adequate provision is made to meet the NCGRL’s future obligations with respect to staff entitlements for sick leave, annual leave and long service leave, and that payment is made in accordance with statutory requirements to approved superannuation funds. (d) Invest in financial instruments authorised by the Local Government Act 1989 and other governing agreements. (e) Repay borrowed funds. (f) Retain funds for future purposes.
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3. Specific Funding Requirements: In allocating funds, the following conditions will apply: (a) Consistent with s. 137 of the Local Government Act 1989 (Vic), the Board will adopt and maintain a budgeting and reporting framework that is consistent with the principles of sound financial management. (b) Capital contributions are not to be used for operating purposes. (c) Government and other grants are to be applied in accordance with the terms and conditions applicable to such grants and are not to be used for other purposes unless prior permission is obtained in writing from the provider of the grant. (d) Funds will not be applied to severance payments incurred as a result of decisions made by a member council(s) to restructure branch operations. Although severance payments (as specified by the current Enterprise Agreement) will be disbursed by the NCGRL, the member council(s) will be wholly responsible for funding such payments.
4. Funds Management Responsibility: As an independent corporate entity, the NCGRL will manage the acquisition, application and investment of funds. It is at the NCGRL’s discretion whether this responsibility is met internally or contracted, wholly or in part, to third parties.
5. Funding Formula: Clause 9.1 of the Regional Library Agreement requires the Library Board to agree on a funding formula to determine the financial contributions to be made by the member councils.
5.1 The revenues and expenditures for each NCGRL static library point, the net recurrent expenditure shared between the member councils by apportioning each item in accordance with the criterion deemed to be the most equitable. In making such apportionments, the following conditions will apply: (a) Revenues and expenditures incurred specifically in relation to non-base services will be identified and allocated to the corresponding non-base services. (b) No member council will incur increased costs as a result of other councils significantly reducing the level of branch services primarily to reduce operating and overhead costs.
5.2 The revenues and expenditures associated with the mobile library service will be shared between the member councils by apportioning each item in accordance with the criterion deemed to be the most equitable.
5.3 The revenues and expenditures associated with the NCGRL’s headquarters unit will be shared between the member councils by apportioning each item in accordance with the
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criterion deemed to be the most equitable. In making such apportionments, the following conditions will apply: (a) Revenues and expenditures incurred specifically in relation to non-base services will be identified and allocated to the corresponding non-base services. (b) No member council will incur increased costs as a result of other councils significantly reducing the level of branch services primarily to reduce operating and overhead costs.
5.4 Capital expenditures (including amounts transferred to reserves) will be apportioned between the member councils in a manner that equitably reflects the intended use of the assets acquired. This will include additions to the library collections, which will be apportioned in accordance with the allocation criteria specified in the NCGRL’s Collection Development Policy.
5.5 The base for the apportionment of revenues and expenditure across the member councils will be the NCGRL’s Annual Budget, against which the principles outlined in sections 5.1 to 5.4 will be applied to calculate the financial contribution to be made by each member council.
5.6 The financial contributions will be recalculated by April of each year against the projected full-year actuals at that time. Any variance between the agreed and recalculated council contributions will be carried forward as an adjustment to the following year’s budget.
6. Timing of Contributions: Member councils will remit their financial contributions in four quarterly instalments payable on the first day of July, October, January and April of each year.
6.1 If the financial contributions payable by the member councils have not been finalised and approved by each Council prior to 1st July of each year, the first instalment shall be the same amount as was paid by Council for the previous quarter. Adjustments will be incorporated in the second instalment.
6.2 All other contributions received by the member councils on behalf of the NCGRL will be remitted to the NCGRL no later than one month following receipt of such contributions. Wherever practicable, the member councils will make arrangements for contributions intended for the NCGRL to be paid directly to the NCGRL.
6.3 Any amounts payable by member councils to the NCGRL that are in arrears by 14 days or more will attract interest from the date the amount became due until the date it is
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received by the NCGRL. The interest charged will be calculated monthly at the rate fixed for the purposes of section 172 of the Local Government Act 1989.
SCHEDULE C: CORE PUBLIC LIBRARY SERVICES
As the recipient of a State Government Public Libraries Grant, the NCGRL is required to provide a range of core services as part of the public library role carried out by the organisation. Core services can be classified as basic services which are free of charge, as distinct from value added services for which charges may, at the Library Board’s discretion, be imposed.
The definitions of basic and value added services currently recognised and endorsed by the Victorian Public Library and Information Network1 are repeated below.
1. Core Services - Basic: Basic public library services are those which:
(a) Provide free entrance to the library;
(b) Provide access to the library's information resources, regardless of the format in which material is held. Free access to networked information resources must be provided at each library branch to a level sufficient to meet a reasonable volume of demand. Because circumstances differ from one library to another, a formal quantitative benchmark has not been developed.
Libraries may charge for some forms of Internet use, where the nature of the use is not primarily focused on information. Such uses include receiving and sending e-mail, Internet chat, game sites and financial transactions. If a library decides to charge for these facilities, it can determine the level of the charge.
In order to meet equity, disability and related requirements, libraries must consider providing more liberal access to some users.
(c) Provide assistance with the use of the collection and with reference enquiries;
(d) Provide training in the use of public access catalogues;
(e) Lend items from the collection to members of the public for specific periods of time;
1 (This definition is based on that developed by the Department of Planning and Community Development’s funding and library agreement).
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(f) Educate the public in the effective use of public libraries;
(g) Provide special programs such as story-telling;
(h) Provide any additional service which enables access to other basic services (For example, books on wheels services and bulk loans).
2. Core Services - Value Added: Libraries sometimes charge for services which provide greater ease of access, convenience or private benefit, and which may attract additional costs to the library service provider. These services are distinguished from the basic services listed above. They may have a higher level of value added by the library. Other services include:
(a) Use of remote online resources where access is only obtainable by payment of a specific per use charge, but excluding use of online resources which are paid for by subscriptions, site licenses or other non-use based charges;
(b) Providing access to loans from collections outside the public/State library network, such as academic, government or special libraries;
(c) Reserving specific items in library collections;
(d) Providing printed or electronic copies of materials accessed by the library;
(e) Providing for public use standard office software, such as word processing and database software;
(f) Requiring staff to undertake research, to write reports, or to provide other high level support;
(g) Providing any service which attracts an external service charge, e.g. on-line database searching, speakers, theatre performances.
In the case of services not defined as basic, individual library service providers should be free to determine those services which would attract a charge, providing that due consideration is given to the possible impact on neighbouring library services caused by such decisions.
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SCHEDULE D: BASE LEVEL SERVICES & STANDARDS This schedule focuses on establishing the base level services and standards to apply to library services provided by the NCGRL. By establishing a base level, the opportunity is created for the member councils to negotiate further council specific services with the NCGRL in order to customise services to the particular needs of their communities. This may take the form of additional services such as extended opening hours and/or providing different services not included within the base level.
1. Accessibility: In order to ensure that the region’s library services are accessible to all members of the community, the following base level standards will apply.
1.1 Access to the core library resources (Schedule C Section 1) and assistance with their use will be free of charge.
1.2 Members will have free access to all loan items (except for Interlibrary Loans) in the NCGRL’s collection regardless of location and may return borrowed items to any of the NCGRL’s service points.
1.3 Membership is free and available to any resident of Victoria upon providing proof of identity and residence.
1.4 Individual membership records will remain confidential. Aggregate data may be drawn from these records, and used to perform the functions for the purposes for which it was collected, by compliance with its obligations under the Information Privacy Act 2000 (Vic).
1.5 Members are to be provided with information about library services and members’ rights and responsibilities and are entitled to borrow immediately upon joining.
1.6 Institutional membership will be available to commercial organisations and not for profit organisations.
1.7 Library service points will be located no further than 35 kilometres from population centres having a resident population of at least 250, as at the most recent census. The decision to provide static or mobile services will be made by the NCGRL after taking into account all relevant factors, such as historical and projected demand, proximity to other facilities and community preferences.
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1.8 Library service points will fully comply with relevant public and occupational health and safety requirements in order to provide safe access to and use of facilities for all members of the community.
1.9 Library service points will be open to the public, barring exceptional circumstances, for the hours established by the Library Board and shown at Appendix 1. When determining library hours, the Board shall endeavour to structure the hours in a manner which maximises accessibility for all sections of the community served, with the following minimum standards to apply:
(a) Static branches (with the exception of Eaglehawk, Heathcote and Pyramid Hill), will open for a minimum of two hours until 6.00pm at least one evening per week. (b) Static branches (with the exception of Eaglehawk, Heathcote and Pyramid Hill), will open between 3.00pm to 5.00pm on at least two afternoons during school terms. (c) Static branches (with the exception of Eaglehawk, Heathcote and Pyramid Hill), will open for at least three hours during the weekend. (d) The minimum duration for a mobile library site will be half an hour.
The above minimum standards will be periodically reviewed in the light of actual experience. However, if patronage levels at particular service points do not support the continuance of these standards, then serious consideration will be given to discontinuing such services.
1.10 Departures from the agreed schedule will be allowed for gazetted public holidays and any early closing periods at, e.g., Christmas and Easter. Notice of closures will be provided to the member councils and notices will be prominently posted at the service points at least seven calendar days prior to closure, except in exceptional circumstances.
1.11 The member councils will maintain the library service points to the standard set out in Regional Library Agreement. The NCGRL will inform the member councils of the need for any maintenance or repair tasks and a facilities review will be undertaken jointly by the NCGRL and the member councils.
2. Circulation: The core service provided by the region’s libraries is that of lending materials to library members for periods established by the Library Board. To ensure that an appropriate balance is maintained between customer service and operating effectiveness, the following base level standards will apply.
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2.1 Library users will receive courteous attention and prompt service at the circulation desk. Borrowers will not be required to wait more than five minutes, except under exceptional circumstances.
2.2 Return dates for borrowed items will be provided in writing at the time of borrowing using system generated loan slips.
2.3 Items may be returned to any service point in the region.
2.4 Returned items will be processed and returned to shelf, or available for transfer to the host branch, no later than close of business on the next library branch run day.
2.5 For inter-branch requests, 95% of shelf items will be available for transfer at the next scheduled courier delivery/pick-up.
2.6 Loan renewals may be made in person, via the telephone or via the NCGRL’s web site.
2.7 Members’ borrowing entitlements will be reviewed by the Goldfields Library Corporation at least once every three years to ensure that the adopted practices are consistent with socially responsible use of the collection. Appendix 2 details the entitlements applicable to this Agreement.
3. Collection Management: Building and maintaining a collection that is relevant to the community’s needs in both scale and quality is fundamental to the provision of an effective library service. Similarly, managing the collection through the various stages from selection to disposal of materials will require adherence to the following base standards.
3.1 A Collection Management Policy which incorporates a five year plan to revitalise the collection will be prepared and reviewed biannually.
3.2 The collection will be weeded to identify and remove from display, those materials that: (a) Are irretrievably damaged. (b) Fiction material which has not been borrowed for one year. (c) Non fiction material which has not been borrowed for five years. (d) Children’s material which has not been borrowed for one year. (e) Are out of date and could present misleading information to patrons.
3.3 Review all materials prior to disposal to ensure that items of value, historical significance or potential use are retained within the region.
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3.4 The rate of acquiring new materials should be set at a level which enables community demand to be met and acceptable collection turnover rates to be achieved. Industry standards indicate that this would require an acquisitions strategy geared towards a collection of at least 1.8 items per capita, with 10% of the collection replaced per annum.
3.5 Materials selection and acquisition will be the responsibility of the NCGRL’s headquarters unit and will take place through a combination of the following activities: (a) Direct purchases from suppliers. Selections will be made predominantly by the headquarters and GLC Librarians to benefit from their knowledge of local preferences. (b) Acquisition of materials from other sources.
3.6 Following receipt, new library materials will be catalogued and available on shelves no later than: (a) One week for periodicals. (b) Two weeks for items requested by patrons or purchased to fulfil reservations. (c) Five weeks for all other items.
3.7 Allocate materials to service points using the criteria in the Collection Management Policy, which will take into account the service point profile, expressed and anticipated community needs and preferences, collection size and the existing collection.
3.8 Headquarters and branch staff will monitor collection performance in order to build their knowledge of the community’s preferences and refine the selection process.
4. Catalogues and Location Aids: Library users select materials and access information in a variety of ways ranging from browsing the shelves to pre-selecting items prior to their visit. To aid this process the NCGRL will comply with the following minimum standards.
4.1 The on-line public access catalogues (OPACs) will accurately reflect the library’s holdings, including the location and status of items.
4.2 At least one dedicated OPAC terminal will be provided at each service point. Additional terminals will be provided based on user demand.
4.3 Catalogue entries will be accurate, up-to-date and include sufficient detail to enable users to find the required information.
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4.4 Signage which assists users to easily locate items and facilities will be provided at all service points.
5. Reference and Information Services: Whilst the region’s geography limits the ability to provide extensive reference and information services, the following minimum standards will guide the delivery of such services.
5.1 Access to the reference and information resources of the region and assistance with their use will be free of charge to those eligible for membership. Where it is necessary to access external information sources and/or inter-library loans, any significant costs incurred may be recovered from the enquirer.
5.2 The region’s services may be accessed in person, by telephone or via the NCGRL’s website.
5.3 Staff will be trained in the use of reference resources available in the region, whether provided in print or non-print formats. Staff will also be trained in the skills of conducting reference interviews and will have knowledge of the general resources available from common referral points.
5.4 80% of reference enquiries will be answered or acknowledged within five minutes. Persons in extended queues will be informed of the expected waiting time.
5.5 When an enquiry cannot be satisfied from resources within the service point, further research or referral will be undertaken and the enquirer will be advised of the expected time frame.
5.6 Copy services will be provided at all service points. Charges for photocopies provided in relation to reference enquiries will be at minimum rate of 20 cents and a maximum rate of 50 cents per copy depending on the size and type of copy.
5.7 The NCGRL will periodically review its delivery of reference services across the region, with particular emphasis on online services.
6. Information Technology and Technology Support: The role of information technology based library services has grown steadily to become an expected component of the service mix provided by public libraries.
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6.1 The provision of information technology based services is supported by the NCGRL’s Information Technology Plan.
6.2 The minimum provision of public access IT facilities will be: (a) One dedicated public access Internet terminal at all static service points. (b) One dedicated online public access catalogue at all static service points .
6.3 There are no charges for the use of public access IT facilities. However, users of public access facilities must be members of the NCGRL.
6.4 All public access IT facilities (including OPACs) will be maintained in good working order. Internet terminals and OPACs will be on-line, or capable of being on-line, for 100% of the opening hours of the service point, except where external causes such as power or telecommunications failures create the down-time. Failures involving critical equipment will be rectified within the next open day of the service point.
6.5 All staff will be trained in the use of the Internet and PC based information technology and will facilitate basic access for the public as required.
6.6 Where appropriate, staff will also receive basic training in the use of public access PC software programs for word processing and spreadsheets and other information databases in order to facilitate basic public use.
7. Library Programs: 7.1 The NCGRL will provide regular Storytime sessions for pre-school children. Means by which to introduce Storytime sessions to the region’s more remote areas will be continuously pursued.
7.2 The NCGRL will promote and participate in appropriate literary programs, including but not limited to: (a) The Statewide Summer Reading Program for children (b) Children’s Book Week activities (c) Library Week activities
7.3 The NCGRL will take part in other events as deemed appropriate by the Library Board. These may include the provision of stands or information displays at events such as field days, local festivals and shire service days.
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8. Mobile Library: The mobile library service provided by the NCGRL is integral to the delivery of library services across the region. To ensure the ongoing value of this service, the NCGRL will comply with the following base level standards.
8.1 A mobile library service may be provided to areas with limited access to static libraries.
8.2 The location for mobile library sites will be required to satisfy the following criteria: (a) Be in close proximity to community facilities where people naturally congregate. (b) Be visible to passing vehicular and pedestrian traffic. (c) Have safe access to power and communications. (d) Generate sufficient demand to justify a minimum duration of 30 minutes, with demand measured against activity levels established by the NCGRL and currently set at:
25 transactions per hour, excluding returns.
5 patrons per hour. (e) Cater to the general community, rather than be a special purpose visit to specific groups or organisations.
8.3 Member councils will ensure that mobile library sites are: (a) Constructed from all-weather materials such as bitumen or concrete, with adequate access and forward egress for an articulated vehicle. The pad on which the trailer will be parked during visits is to be even and level, with adequate sealed approaches for pedestrians. (b) Regularly maintained and kept free of hazards such as overhanging tree branches. (c) Provided with adequate parking for patrons. (d) Clearly designated as ―no parking‖ areas, at least on days when visits are scheduled. (e) Provided with clearly visible signage which shows opening hours and contact details for the NCGRL and the member council. The signs will be kept current and regularly maintained. (f) Provided with power and communications via a secure service box adjacent to the site. The service box will be located and maintained in accordance with relevant workplace health and safety regulations.
8.4 The mobile library’s opening hours are shown at Appendix 3 and will be periodically reviewed to meet the changing needs of the community.
8.5 The NCGRL will investigate instances where minimum activity levels are not reached for a period of 12 months and implement remedial action where appropriate. Failure to
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achieve 50% of the minimum levels over a period of 12 months will be deemed to be sufficient justification to remove a site from the schedule. In the event that sites are removed from service, the member council responsible for the site will continue to meet the costs of providing the scheduled service(s) for the duration of this Agreement, unless alternative arrangements are made to the operations of the Mobile Library Service and agreed with the Library Board 8.6 The NCGRL will maintain the mobile library vehicle in a clean and roadworthy condition at all times.
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SCHEDULE E: ADDED/MODIFIED SERVICES
It should be noted that Schedule E will be different for each council, even though certain programs may be pursued jointly by a number of councils. Where this is the case, the program relationship will be clearly stated.
Insert details of negotiated added/modified services for each member council.
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APPENDIX 1
Library Hours Library service points will be open to the public, barring exceptional circumstances, for the hours established by the Library Board As of July 1, 2008 BENDIGO KANGAROO FLAT 259 Hargreaves St, Bendigo 267 High St, Kangaroo Flat Ph.54492700 Fax 5441 2247 Ph 5447 8344 Fax 5447 3930 PO Box 887 Bendigo 3552 Email [email protected] Email [email protected] Mon, Tues, Wed & Fri Mon - Fri 10.00am - 7.00pm 9.30am - 5.00pm Saturday 10.00am - 1.00pm Thurs 9.30am - 6.00pm Saturday 9.30am - 12.30pm Goldfields Research Centre KYNETON 259 Hargreaves St, Bendigo 3 Baynton St, Kyneton Ph 54492794 Fax 5441 2247 Ph 5422 1365 Fax 5422 7424 Email [email protected] Email [email protected] Mon 10.00am - 7.00pm Mon, Tues, Wed, Fri Tues 10.00am - 5.00pm 9.30am-5.00pm Wed & Thurs 1.00pm - 5.00pm Thurs 9.30am-6.00pm Saturday 10.00am - 1.00pm Saturday 9.30am-12.30pm
CASTLEMAINE MOBILE LIBRARY Barker St, Castlemaine Outreach Services Ph 5472 1458 Fax 5472 4865 HQ 259 Hargreaves St, Bendigo Email [email protected] Ph 5449 2790 Fax 5441 2247 Mon, Tues, Wed & Fri Email [email protected] 10.00am - 6.00pm Thurs 10.00am - 7.00pm Saturday 9.30am - 12.30pm
EAGLEHAWK PYRAMID HILL LIBRARY EXPRESS Eaglehawk Mechanics Institute Pyramid Hill Neighbourhood House Pegleg Rd, Eaglehawk 22 Kelly St, Pyramid Hill Ph 54467577 Ph 5455 7129 Fax 5455 7122 Friday 9.00am - 12.00noon Email: [email protected] Mon—Fri 10.00-4.00pm, GISBORNE ROMSEY Hamilton St, Gisborne 98 Main Street, Romsey Ph 5428 3962 Fax 5428 2606 Ph 5429 3086 Fax 5429 3087 Email [email protected] Email [email protected] Mon, Wed, Thurs, Fri Mon, Tues, Wed, Friday 9.30am-5.00pm 9.30am -5.00pm Tues 9.30am-6.00pm Thurs 9.30-6.00pm Saturday 9.30am-12.30pm Saturday 9.30- 12.30pm HEATHCOTE WOODEND 125 High St, Heathcote Cnr High & Forest Sts Ph & Fax 5433 3734 Ph 5427 2074 Fax 5427 2095 Email [email protected] Email [email protected] Thursday 9.00am - 1.00pm Mon, Tues, Thurs, Fri Friday 9.00am - 1.00pm 9.30am-5.00pm & 2.00pm - 6.00pm Wed 9.30am-6.00pm Saturday 9.45am – Noon Saturday 9.30am-12.30pm
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APPENDIX 2
Members’ Borrowing Entitlements Members’ borrowing entitlements will be reviewed by the Library Board at least once every three years to ensure that the adopted practices are consistent with socially responsible use of the collection. Two forms of identity, one containing a current address is necessary when joining the NCGRL. Membership is free.
Members are required to bring their Library card to borrow and use the internet. The NCGRL does not Lend material to members who do not have their library card with them.
Members can borrow from and return to any NCGRL Library
Books No limit 3-week loan
Talking Books No limit 3-week loan
Magazines No limit 1-week loan
DVDs 10 per card 1-week loan
Music CDs 10 per card 1-week loan
Members also have access to the NCGRL website (www.ngrl.vic.gov.au) to look up the catalogue, reserve items and renew items on loan (provided a reservation has not been placed on the item/s). Items can also be renewed in person or by phone.
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APPENDIX 3
Mobile Library
The mobile library’s opening hours will be periodically reviewed to meet the changing needs of the community.
MOBILE LIBRARY TIMETABLE (at 15 February 2008)
Monday Raywood 9.00-9.30am Dingee 9.45-10.15am Mitiamo 10.30-11.15am Elmore 1.00-3.30pm Goornong 4.00-4.30pm
Tuesday Bridgewater 9.00-10.00am Inglewood 10.30am-12.30pm Wedderburn 2.00-4.30pm
Wednesday Korong Vale 9.30-10.30am Boort 11.00am-1.00pm Axedale 3.30-4.30pm
Thursday Newbridge 9.00-9.30am Tarnagulla 10.00-10.30am Moliagul 11.00-11.30am Bealiba 11.45am-12.30pm Dunolly 2.00-5.00pm
Friday Charlton 10.00am-12.30pm 1.30-4.30pm
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MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57
PANEL REPORT
23 May 2011
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57
PANEL REPORT
Lester Townsend, Chair
23 May 2011
Mount Alexander Planning Scheme Amendment C57
This is the report of the Panel appointed pursuant to Section 153 of the Planning and Environment Act 1987 to hear and consider submissions in respect of the Amendment.
The Amendment Mount Alexander C57
Purpose of Amendment The amendment proposes to include a series of design guidelines in the Mount Alexander Planning Scheme to guide the development of new industrial buildings in the Wesley Hill Business Park (Stage 2). Planning Authority Mount Alexander Shire Council.
Exhibition Closed 14 February 2011
Submissions Goulburn Murray Water Coliban Water Robin Taylor for Castlemaine Action Inc VicRoads Department of Sustainability and Environment The Panel Lester Townsend
Panel hearings No party requested a hearing and the matter was considered ‘on the papers’. Date of this report 23 May 2011
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57 PANEL REPORT: MAY 2011
Contents
1. SUMMARY AND RECOMMENDATION ...... 1
2. BACKGROUND AND ISSUES...... 2
3. CONSIDERATION OF ISSUES...... 6 3.1 Is there policy support for requirements for higher quality development in an Industrial 1 Zone?...... 6 3.2 Are the proposed controls appropriate? ...... 8 3.3 Response to issues raised in the submission ...... 9 3.4 Issues raised by Council...... 12
Appendices
APPENDIX A REVISED DDO PRESENTED TO PANEL BY EMAIL OF 13 MAY 2011 ...... 17
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57 PANEL REPORT: MAY 2011 Page 1
1. Summary and recommendation
The amendment proposes to include a series of design guidelines in the Mount Alexander Planning Scheme to guide the development of new industrial buildings in the Wesley Hill Business Park (Stage 2).
The guidelines are aimed at achieving a high standard of industrial development and ensuring that new development makes efficient use of energy resources.
The proposed Design and Development Overlay (DDO) is clearly drafted and the proposed requirements are appropriate for the circumstances.
Based on the reasons set out in this Report, I recommend:
Amendment C57 to the Mount Alexander Planning Scheme be adopted subject to the following changes:
1. Amend the DDO as presented to the Panel by email of 13 May 2011.
2. Add the following words to the DDO: A permit cannot be granted to vary requirements expressed using ‘must’.
3. In the Decision Guidelines delete reference to the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines, and include the document as a reference document.
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57 PANEL REPORT: MAY 2011 Page 2
2. Background and issues
The subject site and surrounds
The subject land is a newly constructed industrial subdivision that has recently been developed by Mount Alexander Shire Council. The land represents the second and final stage of the development of the estate. The lots are currently for sale, and no lots have been sold.
Stage 2 has the following characteristics: area of 5.2 hectares, 14 lots, ranging in size from 1,224 square metres to 4,416 square metres, reserve of 7,437 set aside for the management of stormwater, steep, undeveloped land of 7,042, known as Lot A, one way movement through the site via Fitzgeralds Close, and Industrial 1 Zone, no overlays.
What the amendment does.
The amendment proposes to include a series of design guidelines in the Mount Alexander Planning Scheme to guide the development of new industrial buildings in the Wesley Hill Business Park (Stage 2).
The guidelines are to be introduced in the Planning Scheme through a Design and Development Overlay (DDO10).
The Amendment proposes to: introduce a new Schedule 10 to the Design and Development Overlay to guide the development of new industrial buildings in the Wesley Hill Business Park (Stage 2), update Clause 21.04‐3 of the Municipal Strategic Statement to include a strategy relating to the use of overlays to guide industrial development and refer to the use of the Design and Development Overlay as an implementation measure, update Clause 21.05 – Reference Documents to include the Wesley Hill Business Park Urban Design & Landscape Guidelines as a Reference Document in the Mount Alexander Planning Scheme, and modify the local policy for industrial development at Clause 22.23 to avoid inconsistencies between the local policy and new Schedule 10 to the Design and Development Overlay.
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57 PANEL REPORT: MAY 2011 Page 3 Background to the proposal
The ‘Wesley Hill Industrial Estate’, now known as the ‘Wesley Hill Business Park’, was developed by Council to address the shortage of industrial land in Castlemaine and as a means to encourage business and employment growth in the Shire. The initiative is supported by the Council Plan, and Council’s Industrial Land Strategy, 2002, and Council’s Economic Development Framework Strategy, 2006.
Prior to the commencement of Stage 2, Council successfully applied for half of the development cost through the Regional Infrastructure Development Fund and has priced the land based on valuations provided by the Council appointed valuer. All landowners are required to commence construction within 24 months of the sale date to avoid opportunistic or inappropriate land banking.
Planning history
The land was purchased by the City of Castlemaine in 1985. The planning permit for Stage 1 was issued in 1992 and allowed for the development of 19 lots fronting Hitchcock Street and Fitzgerald Close. Development of the estate was protracted and produced a legacy of issues with the surrounding residential landowners, relating to traffic and access and the design and the appearance of the estate. One of the lots in Stage 1 remains undeveloped.
A notice of decision for the Stage 2 subdivision was approved by Council on 14 July, 2009. During the notification process for the permit, 10 objections were received. Many of the issues that arose during the development of Stage 1 were re‐visited during the planning process for Stage 2. Issues raised in the objections related to: previous Council commitments to maintain an 18 metre buffer to residential properties along the northern boundary of the site; concerns relating to future industrial activities allowed under the Industrial 1 Zone; access arrangements and increases in traffic entering the estate.
During this time, a range of consultation events were held with objectors and changes were made to the width of the reserve and an alternative access road to the estate was created. None of the objections were withdrawn and a planning permit was subsequently issued. No appeals were lodged at VCAT.
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57 PANEL REPORT: MAY 2011 Page 4 Design guidelines
Council submitted that from the early stages of the planning process for Stage 2, it recognised: the need for the estate to incorporate best practice environmental design and to ensure that the design of the estate and its buildings maintain a high standard of appearance and respond to the constraints of the site and adjoining residential interface, and the absence of specific design guidelines contributed to the mixed appearance of Stage 1, where a number of sites and buildings detract from the overall appearance of the estate.
In response, Council commissioned Coomes Consulting Group Pty Ltd to prepare a set of urban design and landscape guidelines for the estate, the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines (CPG, 2010).
Council submitted that: Consideration was given to a range of approaches of implementing the guidelines in the planning system, which included the use of a Section 173 Agreement and the use of overlay provisions in the planning scheme. The use of the Design and Development Overlay was chosen due to the high level of transparency it offers to all users of the planning system: applicants, Council officers, Council, and the community.
Details of the Amendment
The proposed DDO10 sets controls around: front and side setbacks, impact on surrounding development, visual clutter, and location of ancillary fixtures (such as air conditioners), building height, energy efficiency, architectural features, materials, colours and features, car parking, landscaping, and signage.
Notice and consultation Council carried out the following consultation processes with the local community as part of Amendment C57:
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57 PANEL REPORT: MAY 2011 Page 5
Statutory process under Section 19 of the Act (public notices and letters to government agencies). Letters to landowners on the south side of McGrath Street (between Taylor and Prendergast Street), the south side of Prendergast Street, and owners and occupiers of Stage 1 of the Wesley Hill Industrial Estate. Community consultation session on 27 January, 2011, for Amendment C57, which was attended by 11 residents.
Council believes that the lack of submissions from residents to the Amendment demonstrates a high level of support for the content of the proposed Design and Development Overlay in addressing matters of interest to local residents.
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57 PANEL REPORT: MAY 2011 Page 6
3. Consideration of issues
3.1 Is there policy support for requirements for higher quality development in an Industrial 1 Zone?
The objectives of the DDO are: To ensure that development is in keeping with and contributes to Council’s vision for high standards of industrial development as set out in the Municipal Strategic Statement. To ensure that new development makes efficient use of energy resources in keeping with Council’s vision for industrial development as set out in the Municipal Strategic Statement. To ensure that the scale and form of new buildings is in proportion to the site and does not overwhelm the streetscape and surrounding buildings. To provide a physical and visual buffer between industrial development and adjoining uses. To ensure that front and side setbacks are consistent, can be easily maintained and are landscaped to enhance the presentation of the estate. To encourage the use of high quality building materials for new buildings and innovative design solutions for front facades. To ensure that fencing, ancillary fixtures and the design and location of storage areas does not detract from the appearance of sites. To ensure that car parking and vehicle accessways do not dominate the front setback. To minimise visual clutter and discourage signage that is obtrusive
Industrial areas across Victoria range in character from ‘back room’ utility areas with minimal emphasis on urban quality, to estates with high quality public realms aimed at broad mix of industrial and commercial operations. These different types of industrial estates fulfil different needs for commercial and industrial floor space. One approach is not necessarily better than another, and which approach to take depends on local circumstances.
I do not think that there is any doubt that there is strong policy support for creating quality urban environments. The SPPF states in Clause 15 Built Environment and Heritage:
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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. · Enhances liveability, diversity, amenity and safety of the public realm. · Promotes attractiveness of towns and cities within broader strategic contexts. · Minimises detrimental impact on neighbouring properties.
Clause 15.01‐1 ‘Urban design’ sets out the objective: To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.
The Amendment is also supported by the following elements of the Local Planning Policy Framework: a commitment to encourage high quality industrial development in Clause 21.04‐3 of the Municipal Strategic Statement, a commitment to encourage energy and water efficiency in the planning, design and development of industrial areas in Clause 21.04‐3 of the Municipal Strategic Statement, a local planning policy to encourage landscaping and amenity improvement works for new industrial developments at Clause 22.01 (Castlemaine), and a local planning policy to encourage well planned industrial development throughout the Shire at Clause 22.23 (Industrial Development).
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Council has considered what approach is required for the successful management of the estate. I can see no ‘in principle’ issues with the desire to create a high quality industrial development.
3.2 Are the proposed controls appropriate?
One submission requesting changes to the Amendment was received. The submittor raised concern with a number of requirements of the proposed Design and Development Overlay, and believes they will cause difficulty for Council in selling the land, and make development onerous. The requirements in question are: Landscaping – Submittor states that it is unreasonable to insist upon landscaping at the side and rear of each block. Roof mounted equipment – Submittor states that it is virtually impossible to obtain all roof mounted ancillary equipment in the same colour as the roof, particularly air conditioners, satellite dishes, and antennas. Concrete tilt walls – Submittor states that this material is chosen by developers to minimise costs, and that the requirement for these to be articulated with panels, textures, patterns or different colours will eliminate the cost advantages of the material. Five metre front setback – Submittor states that the setback is it is unreasonable, as the space will be wasted where the setback is not required by occupant (for car parking, as an example). Fenestration of side walls – Submittor states that this requirement is impractical, cost‐prohibitive, presents a security risk, and restricts the location of internal walls. No galvanised fencing – Submittor states that galvanised fencing has a long life before noticeable degradation, particularly in comparison to coated/coloured fencing, and that given the nature of the development (industrial) galvanised should be sufficient.
Council advised that a meeting was held with the submittor to discuss the issues raised in the submission, and ensure that both the intent of the proposed controls and the concerns of the submittor were understood by all parties. Following this meeting, officers made a number of changes to the proposed DDO schedule to clarify the requirements and remove any ambiguities.
These proposed changes are: Remove the requirement for landscaping the rear and side setbacks, unless they are visible from a neighbouring residential area, a street, the railway line, or a public open space.
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Remove the requirement for landscaping the side setbacks where the boundary is shared with another lot in the business park. Remove the requirement for antennae and satellite dishes to be colour matched to the roof. Require solar panels, antennae and satellite dishes to be set back from the front of the building to not be visible from the street where practical. Alter the requirement for 20 per cent of exterior walls to be glazed, or openings to 20 per cent of the exterior walls be articulated with for example openings, glazing, textures, patterns, or different colours. Require a permit for all fences, and require fences to have a high degree of transparency where they abut a street or public open space. Remove the requirement for painting or coating in a visually recessive colour, and replace with the requirement for all chain mesh fencing to be powder or plastic coated in black.
I formally recommend:
1. Amend the DDO as presented to the Panel by email of 13 May 2011.
3.3 Response to issues raised in the submission
Landscaping
The submittor believes that there should be no side and rear landscaping because business owners typically require all land for storage, production and car parking.
In response, Council has modified the schedule to require landscaping only if the areas are visible from a neighbouring residential area, street, railway line or public open space. A similar exemption has been included for side setbacks, with an additional exemption for boundaries that abut a lot in an Industrial 1 Zone.
In support of the proposed landscaping requirements, Council make a number of comments including: The role of landscaping in this estate is not confined to its contribution to the appearance of the estate for visitors and occupiers as suggested in the submission, it is also important for adjoining residential uses; one of the design objectives of DDO10 is to “to provide a physical and visual buffer between industrial and adjoining uses”.
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The argument that business owners require all land for business uses is not supported by evidence; a number of businesses in Stage 1 of the estate have landscaped side or front setbacks, which have been planted and maintained to a high standard and contribute positively to the overall appearance of the estate (refer to photographs below). Landscaping can be achieved on all lots without unreasonably occupying land that could be used for car parking, production and buildings as demonstrated in the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines Design Guidelines (CPG, 2010).
I agree with Council that landscaping has a number of roles, and that businesses that landscape side and front setbacks and maintain these to a high standard contribute positively to the overall appearance of the estate and township in general. An attractive estate will broaden its appeal and reinforce its role in providing economic opportunities in the area.
Ancillary fixtures
The submittor is of the opinion that there should be no design requirements relating to the colour or siting of roof mounted equipment on the basis that this type of equipment is manufactured only in a limited range of finishes and colours.
Council agrees with the submittor that the requirements for colour matching should not apply to satellite dishes or antennae, and DDO10 has been modified accordingly. Council believes, however, that air‐conditioning / heating units should be colour matched and that all fixtures should be setback to reduce visibility.
In support of the proposed requirements, Council made the following comments: In introducing these requirements, Council is attempting to ensure that ancillary fixtures are considered as part of the initial design of the building, rather than as an ‘after‐thought’. Often, these features are considered only when the design of the building has been finalised, or when the building has been constructed when there is limited opportunity to design and locate these fixtures in a careful way. The argument that air‐conditioners and heating units are not available in different colour options is not supported by research we have undertaken. An initial internet search reveals that at least one major manufacturer makes air‐conditioning systems that are colour matched to standard colourbond roof colours (www.brivis.com.au).
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If a particular manufacturer does not offer colour matching, we note that most major paint manufacturers can mix paint in the standard colourbond colours or something very similar, possibly with the use of a primer or undercoat. We believe that the painting process would represent a minor cost in the context of constructing a new industrial building.
I can see no harm in requiring ancillary services to match the roof colour. If a designer or builder makes a choice to have a particular colour roof, then ensuring fittings match that colour would seem reasonable.
Architectural features, materials, colours and finishes
The submittor is of the opinion that there should be no requirements relating to: tilt‐slab concrete, as this method of construction is chosen because painting the walls is not required, and imposing such requirements would be costly, and the proportion of the external wall area devoted to openings, glazing, textures, patterns etc, as such requirements would be impractical, costly, would present a security risk and would not improve the appearance of the estate.
In support of the proposed requirements, Council made the following comments: Architectural features, materials, colours and finishes make a significant contribution to the overall appearance of a buildings and industrial estates, as demonstrated by the various photographs and figures in the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines Design Guidelines (CPG, 2010). We understand that the tilt‐slab concrete is cost‐effective as a building material because it can be fabricated off‐site and because no internal building frame is required; considerations about finish are usually secondary to these considerations. The requirement of the DDO is flexible in that it allows for a wide variety of design responses that could include physical articulation, openings, textures, patterns or colours; if one possibility is expensive or undesirable for a particular building, there are likely to be several other possible solutions that could be employed. Industrial buildings have been constructed in elsewhere in regional areas that have incorporated similar principles to those proposed by the DDO (refer to photographs on the following page), which suggests that these design elements are unlikely to be cost‐prohibitive.
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I agree that materials, colours and finishes make a significant contribution to the overall appearance of a buildings and industrial estates. If the aim is to have an attractive estate then all properties will need to contribute to this.
Setbacks
The submittor is of the opinion that setbacks should only apply when the area is required for car parking. The submittor is of the opinion that the area should be able to be used or developed for whatever purpose the business owner sees fit, including a building.
In support of the proposed requirements, Council made the following comments: Front setbacks provide a physical and visual transition between the private realm and the public realm, and provide a space for landscaping to assist in visual screening of undesirable views (refer CPG, 2010, 7). Council therefore believes that the treatment of front setbacks is a crucial consideration in the design of new buildings and disagrees that the setback is a ‘waste’ of space as indicated in the submission. Stage 1 of the estate has been developed with a wide variety of front and side setbacks and this inconsistency has detracted from the overall appearance of the estate, a situation which Council wishes to avoid in the future. Council believes that the proposed requirements for consistent front setbacks are amongst the most important in the DDO, as without a minimum front setback, there is no opportunity for landscaping or visitor parking that is accessible to building frontages. For this reason, the proposed DDO uses the term ‘must’ to eliminate the possibility of alternative design outcomes. The requirement for a minimum 5 metre front setback will assist in satisfying the requirement for visitor and staff parking to be separated, as the front setback is a logical area for visitor parking.
Setbacks are well established in planning. Building to the front boundary may be appropriate in a more urban context, but in a context where landscaping is appropriate then a setback will be required. I support Council’s approach.
3.4 Issues raised by Council
Council submitted: Under Section 25 of the Planning & Environment Act, 1987, Council seeks the Panel’s advice on a number of aspects of the amendment not
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raised in the submission, specifically, the opportunity to exercise discretion under the proposed DDO10.
Whether the use of the terms ‘must’ and ‘should’ have been used appropriately?
DDO10 employs the terms ‘must’ and ‘should’ in providing the responsible authority with discretion, or limiting discretion, as required.
‘Must’ has been used for mandatory requirements. Where Council considers discretion is necessary, the term ‘should’ has been employed. In these situations, it is expected that each requirement would be assessed against the objectives, as appropriate.
The DDO is clearly written and the terms must and should have been used in accordance with advice in Chapter 9 of Using Victoria’s Planning System: Mandatory requirements in schemes should use ‘must’ or ‘must not’. For example: 9 Buildings must be set back 3 metres from the front of the property. 9 Building height must not exceed 21 metres. ‘May’ is used to confer a discretion for action by the responsible authority or other person. In the following example a permit may be issued but there is no obligation that it has to be issued: 9 A permit may be granted to vary any dimension or requirement of this clause. The use of ‘must’ is not always necessary to communicate clearly, but it has a directness that other forms of expression lack. For example: 9 Motor vehicles must not be serviced or repaired for gain. 8 No motor vehicle may be serviced or repaired for gain. ‘Must’ is preferred wherever possible for mandatory requirements for consistency and clarity. ‘Should’ cannot be used for mandatory requirements in planning schemes. It is used in criteria and in expressing non‐mandatory requirements in schedules to some overlays, for example the Design and Development Overlay (DDO). The advice goes on to say: Make mandatory requirements explicit. Do not assume that an applicant or VCAT will understand what you mean.
To avoid any possible confusion I recommend:
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2. Add the following words to the DDO: A permit cannot be granted to vary requirements expressed using ‘must’.
Whether it is appropriate to limit discretion for a number of design outcomes under the Victorian Planning Provisions
The advantage of mandatory controls is that they can produce developer certainty (depending on appropriate drafting). Their disadvantage is that they can provide unwelcome restrictions on proposals that were not imagined when the controls were produced.
Council submitted that for those requirements that are considered to be most important to the design outcomes are intended to be mandatory: setbacks, building heights, parking surface treatment, and landscape plan.
Mandatory requirements have also been specified when particular outcomes are routinely required as part of permit conditions and Council considers that they would usually be non‐negotiable: rubbish bin location, light spillage, and front fencing treatments.
A mandatory control is appropriate when: proposals not in accordance with the requirements are clearly unacceptable, or in the vast majority of cases proposals not in accordance with the requirements would fail to meet the objectives of the control, and the resource and administrative costs required to assess applications for would be significant.
In these circumstances, to allow discretion for all applications merely to accommodate the opportunity of granting a permit in ‘exceptional’ circumstances, serves no useful purpose. I have reviewed the proposed mandatory controls and consider that they are appropriate in the circumstances, particularly given the history of Stage 1. The certainty for residents, Council and purchasers/developers outweighs any disbenefit that might flow from a lack of flexibility.
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Council also seeks the Panel’s advice on: whether the decision guidelines are appropriate, and any other related matter.
The decision guidelines comprise: Whether the form, scale and design detail of the development enhances the streetscape and visual quality of the area Whether the development seeks to minimise the use of non‐renewable sources of energy Whether the design is of high architectural quality Whether all areas of the site can be accessed and maintained Whether the development will cause excessive glare to building occupants and visitors Whether pedestrian and vehicle access is safe, manageable and convenient Whether steps have been taken to minimise visual clutter Whether the proposed use of the building would prevent a requirement from being met The findings and recommendations of the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines (CPG Australia, 2010)
I do not have any great issues with these decision guidelines except: The findings and recommendations of the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines (CPG Australia, 2010)
I think that this document would best be treated a simple Reference Document and not be sought to be relied on in decision making. This is the approach clearly set out in the Practice Note on Reference and Incorporated Documents. The DDO is comprehensive and a decision maker should not have to further check the findings and recommendations of the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines in order to make a decision.
I recommend:
3 In the Decision Guidelines delete reference to the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines, and include the document as a reference document.
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On a final note, I think Council will need to consider issues of energy use and ESD carefully. While these matters should be considered as part of reaching an overall good design outcome Council should be wary of imposing unreasonable costs on developers or operators.
***
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Appendix A Revised DDO presented to Panel by email of 13 May 2011
--/--/20-- SCHEDULE 10 TO THE DESIGN AND DEVELOPMENT OVERLAY
Shown on the planning scheme map as DDO10
WESLEY HILL BUSINESS PARK
1.0 Design objectives --/--/20-- To ensure that development is in keeping with and contributes to Council’s vision for high standards of industrial development as set out in the Municipal Strategic Statement. To ensure that new development makes efficient use of energy resources in keeping with Council’s vision for industrial development as set out in the Municipal Strategic Statement. To ensure that the scale and form of new buildings is in proportion to the site and does not overwhelm the streetscape and surrounding buildings. To provide a physical and visual buffer between industrial development and adjoining uses. To ensure that front and side setbacks are consistent, can be easily maintained and are landscaped to enhance the presentation of the estate. To encourage the use of high quality building materials for new buildings and innovative design solutions for front facades. To ensure that fencing, ancillary fixtures and the design and location of storage areas does not detract from the appearance of sites. To ensure that car parking and vehicle accessways do not dominate the front setback. To minimise visual clutter and discourage signage that is obtrusive
2.0 Buildings and works --/--/20--
Setbacks
Building setbacks must be in accordance with the following requirements:
Front setbacks: must be a minimum of 5 metres to built form with a minimum of 2 metres of landscaped areas within the setback. Rear setbacks: must be a minimum of 2 metres. For lots abutting the Bendigo- Melbourne Railway reserve rear setbacks must be a minimum of 3 metres. All rear setbacks must contain landscaping if they are visible from a neighboring residential area, a street, the railway line, or any public open space.
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Side setbacks: must be a minimum of 1 metre unless buildings are constructed to the boundary. All side setbacks must contain landscaping, unless the side boundary abuts another lot in Industrial 1 Zone, or the side boundary is not visible from a neighboring residential area, a street, the railway line, or a public open space. For lots that directly abut the northern reserve, setbacks must also be a minimum of 30 metres from the boundary of residential zoned land. Reference: Figures 1-5 (CPG Australia, 2010)
Energy Efficiency
If present, windows and apertures should:
reduce summer heat transfer through appropriate design, orientation or shading; maximise winter heat gain through appropriate design, and orientation; provide natural light to reduce reliance on mechanical lighting; allow natural ventilation to large storage areas.
Building Height
Main buildings must not exceed an overall maximum height of 15 metres from the finished ground level. Any attached building/structure that acts as an entrance to a main building such as an office, reception or display area must not exceed two storeys or 8 metres from the finished ground level. Upper storeys must be setback a minimum of 8 metres from the front facade. Any secondary or ancillary storage spaces, sheds, hangars that are not attached to the main building must not exceed an overall height of 12 metres.
Corner lots
Any attached building/structure that acts as an entrance to a main building such as an office, reception or display area should be designed to address both streets by incorporating elements of the front elevation for at least 3 metres of the side street. These elements may include building articulation, doors, windows or architectural features such as verandahs.
Ancillary fixtures
Ancillary fixtures such as air-conditioning and heating units should be located below the ridgeline of the roof and colour matched to the roof. Ancillary fixtures should be setback from any building edge that fronts a street so as to not be visible from the immediately adjacent streets. This requirement may be varied if the fixtures are integrated into the built form through the use of parapet walls, rooflines, screens or other architectural details. The above requirements do not apply to solar panels, satellite dishes, or antennae. Where practical, these fixtures should still be setback from any building edge that fronts a street so as to not be visible from the immediately adjacent streets. Reference: Figures 14-16 (CPG Australia, 2010)
Architectural features, materials, colours and finishes
The external roof and walls of all buildings should be generally finished in paint bonded metal, timber, brick or other non reflective materials and be of muted appearance.
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The front facade (including any entrance building) should not have more than 60% of one material in its architectural articulation. All tilt slab concrete walls should be finished or articulated with panels, textures, patterns or different colours. At least 20% of the exterior wall area of the building should be articulated, with for example openings, glazing or light vents, textures, patterns, or different colours. Reference: Figures 17-19 (CPG Australia, 2010)
Access points and crossovers
Pedestrian and vehicle access to the main building should be separated to avoid potential conflict. Pedestrian paths must be constructed to link car park areas with the main building. Crossovers must be sealed and constructed to the satisfaction of the responsible authority. Adequate signage should be provided at access points to direct traffic. Reference: Figures 20-22 (CPG Australia, 2010)
Parking
Visitor and staff car parking should be separated. Visitor parking should be identifiable from the street and accessible from the building / entry / reception. The visitor (or front) car park surface must be a sealed surface of concrete, asphalt or permeable pavers. Additional parking to the rear and/or side of the site must be surfaced with crushed rock or other all weather treatment.
Service areas
Storage and service areas should be located at the side or rear of the site, behind the building line of the main building. Rubbish bins and enclosures must be located behind the building line of the main building and must be screened
Landscape areas
All applications must include a landscape plan prepared to the satisfaction of the responsible authority. Plantings should be tall canopy trees with mixed low vegetation at the front of the site to allow visibility for traffic movement.
Lighting
Light must be sited and baffled so as to not spill onto adjacent properties or roads.
Fences
A permit is required to construct a fence. Any fence 1.8 metres or greater in height should be setback behind the building line of the main building. A fence must:
have a high degree of transparency where it abuts a street, or public open space
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not include barbed wire or razor wire if located between the building line and the frontage be screened by trees and shrubs if located on the secondary boundary of a corner lot be powder or plastic coated in black where the fence is a chain mesh fence
4.0 Advertising signs --/--/20-- Signs should not protrude above the parapet or roofline. Signs on the building facade or parapets should not exceed 10% of the wall facing roads. Freestanding signs should be displayed to or at right angles to a road.
5.0 Decision guidelines --/--/20-- Whether the form, scale and design detail of the development enhances the streetscape and visual quality of the area Whether the development seeks to minimise the use of non-renewable sources of energy Whether the design is of high architectural quality Whether all areas of the site can be accessed and maintained Whether the development will cause excessive glare to building occupants and visitors Whether pedestrian and vehicle access is safe, manageable and convenient Whether steps have been taken to minimise visual clutter Whether the proposed use of the building would prevent a requirement from being met The findings and recommendations of the Wesley Hill Industrial Estate Urban Design & Landscape Guidelines (CPG Australia, 2010)
MOUNT ALEXANDER PLANNING SCHEME AMENDMENT C57 PANEL REPORT: MAY 2011