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AGENDA

FOR THE ORDINARY MEETING OF COUNCIL TO BE HELD ON

TUESDAY 26 AUGUST 2014 COMMENCING AT 7.30 PM IN THE

COUNCIL CHAMBER, MOUNT ALEXANDER SHIRE CIVIC CENTRE

CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.

Agenda for the Ordinary Meeting of Council – Mount Alexander Shire Council – 26 August 2014 of 63

TABLE OF CONTENTS

1. PRESENT 4

2. APOLOGIES 4

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4

4. MINUTES 4

4.1. ORDINARY MEETING OF COUNCIL – 12 AUGUST 2014 4

5. PUBLIC QUESTION TIME 4

6. PETITIONS AND JOINT LETTERS 5

7. COMMITTEE REPORTS 6

8. ASSEMBLIES OF COUNCILLORS 6

8.1. ASSEMBLIES ON 5 AND 12 AUGUST 2014 6

9. OFFICER REPORTS 13

9.1. A VIBRANT HEALTHY COMMUNITY (VIB) 13 VIB 18 AWARDING OF CONTRACT M1111-2014 FOR CASTLEMAINE TOWN

HALL ROOF AND CEILING REMEDIAL WORKS 13 VIB 19 AWARDING OF TENDER M1071-2014 - VM4333-2014 FOR THE

PROVISION FOR MICROSOFT LICENCING SOLUTION PARTNER PANEL FOR THE PERIOD 1 JULY 2014 TO 30 JUNE 2017 18

9.2. BETTER COMMUNITY FACILITIES (BET) 21 BET 24 REQUEST TO NAME A ROAD OFF FORDS ROAD, CAMPBELLS

CREEK – HOBBYS LANE 21 BET 25 RESPONSE TO PETITION FROM MALDON COMMUNITY MEMBERS

IN RELATION TO A PEDESTRIAN CROSSING IN HIGH STREET, MALDON 24

9.3. A THRIVING LOCAL ECONOMY (ECO) 27 ECO 25 PLANNING PERMIT APPLICATION 114/2014 – FOR USE AND

DEVELOPMENT OF A STORE AT CROWN ALLOTMENT 2A, SECTION 6, PARISH OF MALDON, 755 BENDIGO MALDON ROAD, WALMER 27

ECO 26 PLANNING PERMIT APPLICATION 055/2014 – EARTHWORKS IN ASSOCIATION WITH AGRICULTURE AT 315 BUTCHERS ROD, MUCKLEFORD KNOWN AS LOT 2 ON PS623012 37

9.4. BUILDING SUSTAINABLE COMMUNITIES (COM) 46 COM 34 INFORMATION TECHNOLOGY STRATEGY 2014 - 2017 46 COM 35 REVIEW OF AUDIT AND RISK ADVISORY COMMITTEE CHARTER 48 COM 36 REQUESTING THE MINISTER FOR PLANNING APPLY INTERIM

HERITAGE CONTROLS TO 74-80 FOREST STREET CASTLEMAINE 56

10. DELEGATES REPORTS 63


11. NOTICE OF MOTION 63

11.1. NOTICE OF MOTION 05/2014 – REQUEST TO REVIEW THE CONDITION OF BARKERS STREET, CASTLEMAINE 63

12. URGENT SPECIAL BUSINESS 63

13. MEETING CLOSE 63

SEPARATE ATTACHMENTS: Confidential Attachment VIB 18A Tender Evaluation Report M1111-2014 Castlemaine Town Hall Roof and Ceiling Remedial

Works Confidential Attachment VIB 19A: MAV Procurement Tender Evaluation Report for RFT MS4333-2014 - Provision for Microsoft

Licencing Solution Partner Panel Confidential Attachment BET 25A Petition Requesting for a Pedestrian Crossing in High Street Maldon Separate Attachment COM 34A: Information Technology Strategy 2014 - 2017 Separate Attachment COM 36C Extract of draft Forest Street to Forest Creek Heritage Assessment Report relevant to site,

Mandy Jean and David Moloney, 2014.


ACKNOWLEDGEMENT OF COUNTRY

To start the official proceedings I would like to acknowledge that we are meeting on Jaara country

of which the members and elders of the Jaara Jaara community and their forebears have been custodians for many centuries and have performed age old ceremonies of

celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region.

1. PRESENT

2. APOLOGIES

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL – 12 AUGUST 2014

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 7.30 pm on 12 August 2014 at the Mount Alexander Shire Civic Centre have been circulated to Councillors.

The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

1. That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council held on 12 August 2014 be confirmed.

5. PUBLIC QUESTION TIME


6. PETITIONS AND JOINT LETTERS


7. COMMITTEE REPORTS

No Reports

8. ASSEMBLIES OF COUNCILLORS

8.1. ASSEMBLIES ON 5 AND 12 AUGUST 2014

RECOMMENDATION

That the Records for the Assemblies of Councillors on 5 and 12 August 2014 be entered into the record of this meeting (Attachments 8.1 and 8.2).


9. OFFICER REPORTS

9.1. A VIBRANT HEALTHY COMMUNITY (VIB)

VIB 18 AWARDING OF CONTRACT M1111-2014 FOR CASTLEMAINE TOWN HALL ROOF AND CEILING REMEDIAL WORKS

Responsible Director: Director Sustainable Development Responsible Officer: Major Projects Facilitator Original Document: DOC/14/34622

1. Purpose

The purpose of this report is for Council to consider and determine the awarding of tender M1111-2014 for Castlemaine Town Hall Roof and Ceiling Remedial Works.

Refer to:

Confidential Attachment VIB 18A Tender Evaluation Report M1111-2014, Castlemaine Town Hall Roof and Ceiling Remedial Works.

2. Background

Council has resolved to undertake urgent remedial works to the Castlemaine Town Hall roof and ceiling. A report entitled Investigation of Roof and Ceiling Structures Report was prepared on the structural condition of the Town Hall roof and ceiling in March 2014 by Mark Hodkinson Structural Engineers Pty Ltd. The report recommended that the Castlemaine Town Hall main hall and stage be closed until rectification works are undertaken to resolve structural and building conditions issues. Following completion of this contract, the Castlemaine Town Hall will be reopened for public functions and events.

The scope of works is based on the recommended rectification works required to the Castlemaine Town Hall main hall and stage, and includes the following:

• Structural strengthening works to the existing trusses;

• Augmenting existing roofing framing for strengthening;

• Demolishing the existing fibrous plaster ceiling that is in poor condition, and replacing with plaster sheeting;

• Installing rigging beams and fixed rigging points for lighting trusses;

• Installing new ceiling joists and a trafficable ceiling space for safe access;

• Replacement of existing roof sheeting with new roof sheeting;

• Insulation to the underside of the roof sheeting;

• Solar photovoltaic installation to main hall roof and associated equipment;

• Replacement of the three timber framed windows to the town hall tower;

• Works to ensure the balcony balustrade and handrail is made compliant

• Painting the interior of the main hall and stage;

• Installation of a roof access safety system; and

• All preliminaries, including site establishment and associated scaffolding and elevated work platforms to safely undertake the above works.


The tender documentation including invitation to tender, specifications, tender drawings for architectural, structural, mechanical and electrical services disciplines were completed at the end of June 2014. The project has been developed as a lump sum contract with a nominated date for practical completion.

Tenders were invited from suitably qualified building contractors for construction of the M1111-2014 Castlemaine Town Hall Roof and Ceiling Remedial Works contract and advertised in:

The Age Saturday 12 July 2014

Bendigo Advertiser Saturday 12 July 2014

Midland Express Tuesday 15 July 2014

The tender documentation was also uploaded onto the E-tender website, where subscribers are alerted to the new construction works project.

Tenderers were also required to prepare a local economic impact statement to demonstrate local content in both contractors and materials proposed.

3. Policy and Statutory Implications

Including consideration of Economic, Social and Environmental impacts.

In accordance with the Council’s Procurement Policy, a public tender process was adopted for this contract value.

The tender process has been conducted in accordance to the conditions included within the Mount Alexander Procurement Policy. The tender evaluation criteria within Council’s Procurement Policy help to ensure competition in the supply of goods and services and products to Council and supports administrative consistency and fairness through transparency in Council’s decision making.

In accordance with the Mount Alexander Shire Planning Scheme, a Planning Permit is not required for the works.

A Building Permit is required for the works and an application has been lodged, and approval is pending.

4. Issues

At the commencement of the tender process and following the close of the tender period, the tender evaluation panel completed conflict of interest and confidentiality declarations. No known conflicts were declared at either stage.

Four conforming tenders were received by the closing date of 2.00 pm, Wednesday 6 August 2014.

TENDERER

T.Ryall Building Contractors

AW Nicholson Pty Ltd T/As Nicholson Construction

Period Building Conservation Pty Ltd

Colbrico Pty Ltd T/As Searle Bros


The Tender Evaluation Panel met on 7 August 2014 to complete a preliminary evaluation of all tenders received for shortlisting purposes. All tenders were evaluated against the pre-determined shortlisting criteria outlined below: 1. Cost to Council; 2. Response to Specification; and 3. Experience and Qualifications.

The preliminary evaluation identified three tenderers for shortlisting and further evaluation. The shortlisted tenderers were interviewed for the purposes of clarifying aspects of their tender submissions. At the conclusion of the interviews, the following criteria were evaluated: 4. Risk & Quality Management; 5. Business & Financial Capacity; and 6. Sustainability

Business and Financial Capacity was evaluated and scored independently by Corporate Scorecard a firm engaged by Council, to undertake financial and credit assessments on tenderers. Risk and Quality Management was evaluated and scored by Council’s Risk and Safety Officer. Sustainability was scored by the tender evaluation panel. All four tenderers completed and submitted Local Economic Impact Statements as part of this tender process. The Local Economic Impact Statements were considered for the two highest scoring tenders as part of this tender evaluation in accordance with Council’s Procurement Policy. Following a full evaluation against the six evaluation criteria, Colbrico Pty Ltd trading as Searle Bros achieved the highest weighted score. Colbrico Pty Ltd trading as Searle Bros is an established company with offices located in Ballarat and Bendigo and a sound track record of completing construction projects.

5. Financial and Resource Implications

2014/2015 Budget Property Renewal Town Hall Roof Works $879,000 2013/2014 Budget Installation of solar array panels on the Castlemaine Town Hall $ 70,000 Total Project Budget: $949,000 The total project budget is the total project cost and includes all consultants’ fees for disciplines including structural, mechanical and electrical engineering, architectural services and OH&S consultancy services. The preparation of contract documentation, inspections and advice during construction, all project contingencies, authority fees and project management services is included in the total project budget. The preferred tenderer’s price of $ $726,810.00 (GST exclusive) is within budget and allows for a construction contingency for unforeseen conditions of 6%. All amounts above are GST exclusive.


Resources

A Project Control Group has been established to manage the project in the construction phase. The Project Control Group will consist of:

• Director Sustainable Development

• Major Projects Facilitator

• Community Buildings Officer

• Civic Facilities Coordinator

The Project Control Group will monitor the progress of the project and will be responsible for the contract administration of the project. Council will be the Superintendent for the contract administration of the project.

The consultant team responsible for preparing the contract documentation will be engaged in the construction phase to respond to technical related queries, and undertake necessary inspections during hold points, as required. An independent OH&S Consultant will be engaged to audit the safety procedures and site establishment throughout the works due to the nature and complexity of the construction works. There will be fortnightly site meetings, and meetings as required to manage the construction works progress and issues arising.

6. Consultation

A Project Building Group was established to work with the consultant team to determine the scope of works for the project and ensure that the documentation would meet the project objectives and address the issues described in the Investigation of Roof and Ceiling Structures Report, prepared by Mark Hodkinson Pty Ltd. In addition, the group was established to ensure that the rigging points in the ceiling would meet user’s requirements, and a theatre technician was consulted to provide expert advice on theatre rigging and equipment.

• Major Projects Facilitator

• Community Buildings Officer

• Civic Facilities Coordinator

• Theatre Technician (not Council staff)

7. Conclusion

Four conforming tenders were received by the closing date of 2.00pm, 6 August 2014. Of the tenders received, three were shortlisted and interviewed by the Tender Evaluation Panel.

The Tender Evaluation Panel assessed shortlisted tenderers against pre-determined evaluation criteria and weightings. Following the tender evaluation against all evaluation criteria, Colbrico Pty Ltd trading as Searle Bros, achieved the highest weighted score and are recommended to be engaged to undertake the contract works.


RECOMMENDATION

That Council:

1. Award Contract M1111-2014 for Castlemaine Town Hall Roof and Ceiling Remedial Works to Colbrico Pty Ltd trading as Searle Bros for a contract price of $726,810.00 (GST exclusive); and

2. Authorise the Chief Executive Officer to sign and affix the Common Seal to the contract documentation for Contract M1111- 2014 for Castlemaine Town Hall Roof and Ceiling Remedial Works.


VIB 19 AWARDING OF TENDER M1071-2014 - VM4333-2014 FOR THE PROVISION FOR MICROSOFT LICENCING SOLUTION PARTNER PANEL FOR THE PERIOD 1 JULY 2014 TO 30 JUNE 2017

Responsible Director: Director Corporate Support Responsible Officer: Manager Information Services Original Document: DOC/14/32779

1. Purpose

The purpose of this report is to consider and determine the awarding of tender M1071-2014 - VM4333-2014 for the Provision for Microsoft Licencing Solution Partner Panel for the period 1 July 2014 to 30 June 2017.

Refer to:

Confidential Attachment VIB 19A: MAV Procurement Tender Evaluation Report for RFT MS4333-2014 - Provision for Microsoft Licencing Solution Partner Panel

2. Background

Council along with 76 other Victorian Councils appointed MAV Procurement as an agent for the provision of a Victorian Local Government Microsoft Licensing Solution Partner Panel.

The basic aims of the tender process were to, where possible:

• Appoint preferred (e.g. not mandated) Whole of Victorian Local Government (WoLG) Microsoft Large Account Resellers (LAR) to deliver Microsoft software and associated services to the Victorian Local Government sector;

• Facilitate a contract that will deliver value for money through a combined expenditure arrangement for participant Councils for the duration of the contract;

• Create a contract that reflects the requirements of Victorian Local Government; • Obtain rates for Councils as favourable for the smallest Councils as they are for

the largest Councils; • Provide the flexibility to access the contractor's full range of services as defined

within the scope of the requirements; and • Provide participant Councils with access to high quality records management

services.

The outcomes expected from this Request for Tender include:

• Competitive pricing based on the total combined requirements of the participant Councils;

• A panel of contractors that meets Councils' varying needs and requirements for Microsoft software licensing; and

• To streamline the procurement process for the participant councils, thereby reducing procurement costs for both councils and suppliers.



There are no Council Policy implications. Section 186 of the Local Government Act, however, requires Councils to undertake competitive market testing before entering into contracts for the purchase of goods or services or for the carrying out of works


to the value of $150,000 or above. Council participated in this tender as it was estimated that the 2014-2017 Microsoft Licensing Solution would be in excess of that amount.

4. Issues

The tender was advertised by MAV Procurement in The Age newspaper and on Tenderlink on 8 March 2014. Tenders closed at 4:00 pm on 28 March 2014 and four tenders were received by this time.

Tenders were received from the following suppliers:

• Data#3 Limited. • Insight Enterprises Australia. • SoftwareONE Inc. • Staples Australia Pty Limited.

The Tender Evaluation Panel assessed each tender. Details on members of the panel are contained within the table below.

Name Position/Role

Rebecca Jarvie (Port Phillip City Council) Chairperson

Renee Collins (Ballarat City Council) Committee Member

David Jackson (Cardinia Shire Council) Committee Member

Paul Taylor (MAV Procurement) Delegated Authority

An analysis of the preferred suppliers shows Staples Australia Pty Limited and Data#3 Limited to be extremely competitive overall.

Based on the tender panel’s evaluation and Council’s analysis, Staples Australia represent the best value for money and is therefore recommended as the preferred supplier for this contract.


There is adequate provision in the 2014/2015 Budget for the first year costs of the three year agreement. The total value of the contract over three years is estimated at $165,775.08.

6. Consultation

The purpose of this report is to recommend award of a Microsoft Licencing Contract and consultation was not required.

7. Conclusion

Council appointed MAV Procurement as an agent for the provision of a Victorian Local Government Microsoft Licensing Solution Partner Panel.

Based on the tender panel’s evaluation and Council’s analysis, Staples Australia represent the best value for money and is therefore recommended as the preferred supplier for this contract.


The M1071-2014 - VM4333-2014 for the Provision for Microsoft Licencing Solution Partner Panel is a three year contract with a minimum cost of $165,775.08.

RECOMMENDATION

That Council:

1. Award Contract M1071-2014 - VM4333-2014 for the Provision for Microsoft Licencing Solution Partner Panel to Staples Australia Pty Limited, for a minimum cost of $165,775.08; and

2. Authorise the Chief Executive Officer to approve any contract documentation associated with M1071-2014 - VM4333-2014 for the provision for Microsoft Licencing Solution Partner Panel TO Staples Australia Pty Limited for the period 1 July 2014 to 30 June 2017.


9.2. BETTER COMMUNITY FACILITIES (BET)

BET 24 REQUEST TO NAME A ROAD OFF FORDS ROAD, CAMPBELLS CREEK – HOBBYS LANE

Responsible Director: Director Corporate Support Responsible Officer: Manager Governance Original Document: DOC/14/32746

1. Purpose

The purpose of this report is to seek Council’s approval to formally name a road off Fords Road, Campbells Creek as Hobbys Lane.

Refer to:

Attachment BET 24A: Aerial map - Road Naming – Unnamed Road off Fords Road, Campbells Creek.

2. Background

Road naming is conducted under Council’s Asset Naming Policy where names are based on geographical features, notable events or people and indigenous names, where appropriate.

The formalisation of naming creates a sense of place and identity for local members of the community but also clarifies and provides orientation for a considerable number of other parties and important services such as emergency services and utility providers.



Council has power to name or rename roads in accordance with the Local Government Act 1989 (the Act) and must follow the procedures of Section 206 and Schedule 10 of the Act. Section 206 outlines the powers of a Council in relation to roads in its municipal district and Schedule 10 sets out those powers specifically under Clause 5, giving Council power to name roads, erect signs and require premises to be numbered.

Road naming is conducted in compliance with Council’s Asset Naming Policy, where names are based on geographical features, notable events or people and indigenous names and the Guidelines for Geographical Names 2010, Version 2 (the Guidelines), as provided by the Office of Geographic Names.

Changes to road names must be gazetted under the Geographic Place Names Act 1998, Section 11 in order to become effective.

4. Issues

Council has received a request to name an unnamed road off Fords Road, Campbells Creek (refer to attached map) and following consultation with the Dja Dja Wurrung Clan Corporation, it has been proposed to name the road Hobbys Lane.


The unnamed road runs from Fords Road, Campbells Creek in a north westerly to south easterly direction, with Campbells Creek running approximately 90 metres from the end of the road reserve.

The requestor has advised that the laneway has colloquially been known as Hobbys Lane for a number of generations. The land in the surrounding area of the road reserve, being the area fronting Main Road, Campbells Creek and extending over the creek to Fords Road, was occupied by a William Hobby, who immigrated from America during the gold rush in the early 1850’s. The land was granted to him in 1859. It is known that Mr Hobby owned a store on Main Road, Campbells Creek and also established an orchard and vineyards in the area. William Hobby died in August 1881 and was buried at the Castlemaine General Cemetery in Campbells Creek and his head stone is still in the cemetery today.


The financial implications are minimal with the cost of the erection of street signs being met within the Council’s operating budget for this type of expense.

6. Consultation

In keeping with the Guidelines, steps were taken to consult with the Dja Dja Wurrung Clan Corporation and immediately affected members of the community were offered the opportunity to provide input into the naming of the road.

7. Conclusion

A request has been made to name an unnamed road off Fords Road, Campbells Creek.

Consultation with abutting landowners has provided a clear preference for the road to be named Hobbys Lane.

The allocation of a street name will clarify locality details for emergency and other services and provide residents with a clear and appropriate address reference.

RECOMMENDATION

That Council:

1. Rename the section of road located off Fords Road, Campbells Creek as shown in Attachment BET 24A as Hobbys Lane;

2. Advise the Registrar of Geographic Names, Rural Ambulance Victoria, Victoria Police, Country Fire Authority of Victoria, State Emergency Services, Land Victoria, Vic Roads, utility providers, Department of Planning and Community Development, Victorian Electoral Commission, Australian Electoral Commission, and abutting landowners of Council’s decision; and

3. Advertise Council’s decision in the local newspaper circulating in the vicinity of the road’s location.


BET 25 RESPONSE TO PETITION FROM MALDON COMMUNITY MEMBERS IN RELATION TO A PEDESTRIAN CROSSING IN HIGH STREET, MALDON

Responsible Director: Director Technical Services Responsible Officer: Manager Infrastructure Original Document: DOC/14/35659

1. Purpose

The purpose of this report is to respond to a petition presented to Council at the Ordinary Meeting of Council on 12 August 2014 by Maldon residents.

Refer to:

Confidential Attachment BET 25A: Petition from Maldon Residents about a pedestrian crossing on High Street, Maldon.

2. Background

The petition, containing eight signatories from the residents of ‘Tarrangower Village’ on Chapel Street South, Maldon, requests that Council provide a pedestrian crossing at a suitable location to enable people to cross High Street, Maldon safely. The petition raises concerns about the safety of crossing High Street, Maldon, as a pedestrian. These concerns are not specified, but could potentially include vehicle speed and volume, and the width of the road.

There currently exists a school crossing on High Street, adjacent to the Maldon Primary School, near the intersection with Hospital Street.


Petitions and Joint Letters

(1) A petition or joint letter presented to the Council may lie on the table until the next ordinary meeting of the Council. No motion other than to receive the petition or joint letter may be accepted by the Chairperson at the meeting at which it is presented.

(2) The Council must receive a report on any petitions or joint letters at the next ordinary meeting of the Council or another meeting to be determined by the Council.

(3) A copy of the text of the petition or joint letter must be included on the agenda for the next ordinary or available meeting (as the case may be).

(4) A petition or joint letter may nominate a person to whom a reply may be sent, but if no person is nominated the Council may reply to the first or any person whose signature appears on the petition.

(5) Every petition or joint letter must be signed by the persons whose names are appended to it by their names or marks and, except in cases of incapacity or sickness, by no one else, and the address of every petitioner or signatory must be clearly stated.

The installation of a pedestrian crossing on High Street, Maldon, is governed by the Road Management Act 2004, Section 37. This section describes that VicRoads is the responsible road authority for the part of the road used by through traffic on


an arterial road. High Street, Maldon, is a declared arterial road, and a pedestrian crossing would be located in the area of the road used by through traffic: therefore the responsible road authority for this request is VicRoads.

The Road Safety (Traffic Management) Regulations, 2009 defines Major Traffic Control Devices. A pedestrian crossing is a major traffic control device that requires the approval of VicRoads.

The specifications for the design of a pedestrian crossing, as well as the criteria that would need to be met to allow a pedestrian crossing to be installed, are detailed in the VicRoads Traffic Engineering Manual Volume 1.

4. Issues

A number of criteria would need to be met in order for VicRoads to allow a pedestrian crossing to be installed. These criteria include, for an average weekday, that:

• The number of pedestrians crossing within twenty metres of the proposed site exceeds 60 persons per hour, and

• The number of vehicles per hour which pedestrians have to cross in one bound exceeds 500.

VicRoads traffic data from 2013 shows traffic volumes on High Street, Maldon, to be approximately 500 – 510 per day. This is much lower than the required traffic volume. As a result, it is highly unlikely that VicRoads would approve the pedestrian crossing.

Any pedestrian crossing on an arterial is required to have flashing lights. Parking is required to be banned for 30 metres on each side of the road around the pedestrian crossing. High Street Maldon has nose-to-kerb parking, and 30 metres of parking equates to approximately 8 car spaces per side, not factoring in driveway crossovers.


As the responsible road authority, VicRoads would refer any proposed works to their prioritised works program.

6. Consultation

There has been no specific consultation with the signatories of the petition.

7. Conclusion

Council has received a petition from the residents of Tarrangower Village in Maldon requesting the installation of a pedestrian crossing in High Street, Maldon, for the purpose of safely crossing the road.

VicRoads is the responsible road authority for both High Street, Maldon, and for these types of traffic control devices, therefore this request needs to be considered by VicRoads.


RECOMMENDATION

That Council:

1. Write to VicRoads to communicate the residents’ request for a pedestrian crossing in High Street, Maldon.

2. Write to the Secretary of Tarrangower Village Inc., as requested in the petition, to advise of the proposed action.


9.3. A THRIVING LOCAL ECONOMY (ECO)

ECO 25 PLANNING PERMIT APPLICATION 114/2014 – FOR USE AND DEVELOPMENT OF A STORE AT CROWN ALLOTMENT 2A, SECTION 6, PARISH OF MALDON, 755 BENDIGO MALDON ROAD, WALMER

Responsible Director: Director Sustainable Development Responsible Officer Town Planner Original Document: DOC/14/32469

1. Purpose

The purpose of this report is to enable Council to make a determination on an application for use and development of a store at 755 Bendigo-Maldon Road Walmer, more formally known as Crown Allotment 2A, Section 6, Parish of Maldon. The application has been referred to Council for a decision because the application does not comply with requirements of the Mount Alexander Planning Scheme and it is recommended that Council resolve to refuse to grant a permit.

Refer to:

Attachment ECO 25A: Locality map Attachment ECO 25B: Site plan of proposed use and development Attachment ECO 25C Floor plan Attachment ECO 25D Elevation

2. Background

The application was lodged on 26 May 2014. The description of the proposal was to construct a shed in which to store motor vehicles and domestic materials and goods. The planning definition of this activity is the use and development of the land for a store, which is a subset of warehouse.

The land is rectangular in shape and has an area of approximately 29 hectares. There are no buildings currently located on the site.

The land slopes up from the road reserve to two knolls that lie to the west. Scattered box and the occasional ironbark represent the over storey with limited under storey overlaying grass.

The land is fenced with six strand post and wire fencing with a gate leading to the sealed Bendigo-Maldon Road. The internal accessway is an unconstructed vehicle track that would not support 15 tonne emergency vehicles under all weather conditions.

Fire risk is moderate but the proposal is not for a habitable building.

No reticulated services were evident from the road reserve.


A permit is required for the use and development of the land for a store, in accordance with the following provisions of the Mount Alexander Planning Scheme:

• Clause 35.7-1 Farming Zone (FZ) - Use of the land for a Store


• Clause 35.07-4 FZ - A permit is required to construct or carry out any of the following: A building or works associated with a use in Section 2 of Clause 35.07-1.

• Clause 44.01-1 Erosion Management Overlay – Schedule 1 (EMO1). A permit is required to construct a building or construct or carry out works.

State Planning Policy Framework (SPPF)

Clause 11.05-3 Rural Productivity

The objective of this policy is ‘To manage land use change and development in rural areas to promote agriculture and rural production.’

The relevant strategy is:

Prevent inappropriately dispersed urban activities in rural areas.

This strategy is relevant because it argues against the type of use and development proposed as part of this application. The policy seeks to prevent non-agricultural activities in rural areas.

Clause 11.12-6 Agricultural productivity

The objective: To ensure food, water and energy security.

• Facilitate ongoing productivity and investment in high value agriculture.

• Facilitate new opportunities in agriculture that respond to the potential impacts of climate change.

Providing for the storage of motor vehicles and domestic goods does not contribute to agricultural production and removes a modest area of land from its agricultural purpose. The application is not supported by this policy.

Clause13.03-2 Erosion and landslip

It is the objective of this policy to ‘protect areas prone to erosion, landslip or other land degradation processes.’

The inspection of the site revealed that an erosion gully was evident in the southern quarter of the site, where drainage leads into a small dam. Clearly, the land is subject to erosion. The proposed development includes some site cut and fill. The extent of cut is relatively modest and well away from any drainage line. It is not expected to create an erosion problem.

Local Planning Policy Framework (LPPF)

Clause 21.01 Key issues influencing the shire’s future land use planning and development

Under the heading of Environment and Agriculture the statement seeks the following:

‘Land use planning decisions should not reduce the potential for agricultural production.’


It is evident that allowing for this use and proposed development of the land would reduce the agricultural potential of the land to a modest degree. The amount of land sacrificed from agriculture is not significant given the size of the lot.

Clause 21.03 Municipal Vision and Framework Plan

The land use planning and development vision for Mount Alexander Shire will be achieved by [in part]:

• Increase in the economic development potential of the agriculture and horticulture industries.

• Protection of agriculture land uses from incompatible non-agricultural based development.

The proposal does not contribute to achieving the intent of this statement.

Clause 21.04-6 Agriculture

Issues which have been identified in this statement and are relevant to this application are:

• Land use conflict between established agricultural and horticultural land uses and the use of agricultural land for non-agricultural, rural living or hobby farming purposes.

• Condition and health of the Loddon and Campaspe water catchments and its effect on agriculture.

• Scarcity of water is a limitation on agricultural uses in the Shire

• Agricultural land in the municipality is an important economic resource that needs to be protected.

• Diversity of the agricultural economy is becoming more diversified including industries such as wineries and fine foods.

Objectives of Clause 21.04-6

• Prevent conflicting non-agricultural uses and developments in the Shire‘s rural areas, most importantly in the Harcourt irrigation/horticulture area.

• Preserve broad area agriculture by maintaining rural land in large lots and discouraging the fragmentation and non-rural use of rural land.

• Protect the economic potential of agriculture land.

• Maintain the productive agricultural use of land.

• Encourage agricultural diversity and promote opportunities for new farming enterprises by understanding new and innovative technologies and use of land.

• Ensure that any development proposal in productive agricultural areas are directly linked to and will benefit an agricultural use.


This application provides no connection with the proposed use and the agricultural use of the land. The application is not supported by this statement.

Clause 22.29 Sheds and outbuildings

It is policy that the ‘shed or outbuilding should be used for agricultural pursuits pertaining to the farm.’

This application is not supported by the policy as it provides no agricultural purpose.

Zoning

Clause 35.07 relates to the Farming Zone the relevant purpose of which is as follows:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

• To provide for the use of land for agriculture;

• To encourage the retention of productive agricultural land; and

• To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture.

The proposal seeks to allow for the use and development of a shed, which has no relationship to the agricultural use of the land. It is not supported by the State Planning Policy Framework (SPPF) or Local Planning Policy Framework (LPPF). It does not contribute to achieving the purpose of the Farming Zone. The decision guidelines (Clause 35.07-6) of the zone seek to ensure that buildings and works are required for an agricultural purpose. This application is not supported by the decision guidelines. In particular: • The proposal is not generally supported by the SPPF and LPPF; • The make no reference to sustainable land management; and • The use and development will not support or enhance agricultural production.

Overlays

Clause 42.03 Erosion Management Overlay (EMO)

The buildings and works associated with this application require a planning permit under the provisions of this overlay.

Council must determine whether the site, buildings and works proposed are problematic in terms of erosion, landslip.

In this instance, the applicant has chosen a site that does not require vegetation removal, thereby not exacerbating any erosion on the site. The proposed siting of the shed requires a site cut of one metre, which increases the risk of erosion. This can be managed by permit conditions requiring stabilisation of the affected area. The EMO issues must be addressed, should Council consider granting a permit for the proposed development.


General provisions

Clause 65 Decision guidelines

Because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause.

The determination of the application is required to be guided by the provisions of this clause. The application does not satisfy the SPPF, LPPF, or the purpose of the Farming Zone.

The decision guidelines of the zone are not supportive of the application, and it is not considered to be orderly planning.


If an appeal were to be lodged to the Victorian Civil and Administrative Tribunal by the applicant, Council would incur the cost of staff time to prepare and present an appeal in Melbourne.

5. Consultation

Advertising

The application was modest in its scope and unlikely to cause any material detriment to any other person or adjoining property. The application was not advertised.

External Referrals

• None required.

Internal Referrals

• Infrastructure Unit, which provided conditions to be placed on any permit that may be granted.

6. Conclusion

The application for use and development of a shed as a store, which has no relationship with the agricultural purpose of the land is not supported by the various provisions of the Mount Alexander Planning Scheme.

The purpose and decision guidelines of the Farming Zone are wieghted against the granting of a permit. The State and Local Planning Policy Frameworks are not supportive of the proposal, as the use of the site for a ‘store’ to house motor vehicles and household goods does not promote or encourage any future agricultural use on the land.

RECOMMENDATION

That Council refuse to grant a permit for use and development of land for a store at 755 Bendigo-Maldon Road, Walmer, known as CA 2A, Section 6, Parish of Maldon, on the following grounds.

1 The proposed use of the land for the storage of motor vehicles and household goods and materials does not provide any support for the agricultural use of the land as required by the provisions of the Mount Alexander Planning Scheme.


2 The application is not supportive of the purpose of the Farming Zone in that: a) The proposal does not provide for an agricultural use on the land. b) The proposal does not encourage the retention of productive agricultural

land.

3 The application is not supported by the decision guidelines of the Farming Zone, as the proposal does not support and enhance agricultural production.

4 The application is not supported by the decision guidelines of Clause 65, in that: a) The proposal is not supported by State Planning Policy Framework

(SPPF). b) The proposal is not supported by the Local Planning Policy Framework

(LPPF).


ECO 26 PLANNING PERMIT APPLICATION 055/2014 – EARTHWORKS IN ASSOCIATION WITH AGRICULTURE AT 315 BUTCHERS ROD, MUCKLEFORD KNOWN AS LOT 2 ON PS623012

Responsible Director: Director Sustainable Development Responsible Officer: Town Planner Original Document: DOC/1430460

1. Purpose

The purpose of this report is to enable Council to make a determination on an application for earthworks in association with agriculture at 315 Butchers Rd, Muckleford, more formally known as Lot 2 on PS623012. The application has been referred to Council for a decision as eight objections have been received and not withdrawn.

Refer to:

Attachment ECO 26A: Locality map Attachment ECO 26B: Site plan

2. Background

The application was lodged on 20 February 2014 as a result of earth works having been undertaken, without the necessary planning approval. Council is able to consider an application.

The land has previously received a planning permit to construct a dwelling with associated outbuildings and this permit has been acted upon.

The location of the subject site is 315 Butchers Road, Muckleford and it is situated on the south-west corner of the intersection with Castlemaine-Maldon Road.

The site is in the Farming Zone and the schedule to the zone requires a planning permit for ‘Earthworks which change the discharge point of water across a property boundary’.

The site lies within the Significant Landscape Overlay (Schedule1) which requires a permit for earthworks.

The land is rectangular in shape with the long axis lying in a north-south direction. The land has a road frontage of 495 metres to Castlemaine-Maldon Road and 815 metres to Butchers Road. The southern boundary of the lot has a frontage to Muckleford School Road of 495 metres, whilst the western boundary abuts private land used for farming.

The north-east corner of the land, which includes the construction site, drains to the north-east with water entering the table drains in Butchers and Castlemaine-Maldon Roads. Thereafter it drains to Muckleford Creek.

Access to the site is available via two rural crossovers with piped culvert and gravel construction. The main entrance is located some 220 metres to the south of Castlemaine-Maldon Road. A secondary entrance, which is close to the earthworks is located some 82 metres from the same road.

The site contains a variety of native vegetation, none of which is proposed for removal under this application.


Butchers Road is of spray sealed, bitumen construction with table drains to both sides. The crossover nearest the works site is via a piped culvert to allow drainage flows to proceed unimpeded.

Fencing is of rural post and wire type with an 'N' type gate providing access to the access point closest to the main road. The other access contains two gates. A table drain on the street frontage provides drainage for the site.

The land contains a dwelling located centrally along the northern boundary with a shed to the south of the works site, which is the subject of this application. An open-sided hay shed is also located on the property, proximate to the works site.


A permit is required for these earthworks under the following provisions of the Mount Alexander Planning Scheme:

• Clause 35.07-4 Farming Zone (FZ) A permit is required for earthworks specified in the schedule to the zone, ‘Earthworks which change the discharge point of water across a property boundary.’

• Clause 42.03-2 Significant Landscape Overlay – Schedule 1 A permit is required to undertake buildings and works within the area covered by the Significant Landscape Overlay.

State Planning Policy Framework (SPPF)

Clause 11.12-6 Agricultural productivity

The objective: To ensure food, water and energy security.

• Facilitate ongoing productivity and investment in high value agriculture; and

• Facilitate new opportunities in agriculture that respond to the potential impacts of climate change.

The proposed earthworks will enable the orderly storage of farm machinery used on the land and contribute to achieving the objective of the policy.

Clause 12.04-2 Landscapes

The objective of this policy is:

To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments.

This clause seeks to protect the Maldon Township and the surrounding rural environs and to preserve the approaches to the township from landscape disturbance. This application provides a modest, level area on which the landowner can store their agricultural machinery. The works have not removed any significant trees and the site is quite distant from the Maldon Township.

This particular section of the Castlemaine-Maldon Road is characterised by road reserves containing significant native trees. The works site is not readily visible from the Castlemaine approach, but is visible from the Maldon approach. The number and mass of machinery stored at this site will determine the impact that it


has on the landscape. Permit conditions will ensure that the works area is only used for the storing of agricultural machinery used on the land on which the site is located.

Clause 15.05-3 Rural Productivity

The objective of this policy is:

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

The relevant strategy is:

Prevent inappropriately dispersed urban activities in rural areas.

This strategy is relevant because local objections refer to the future use of the land, which must be for the purpose of this permit application, that is to store agricultural machinery being used on the farm.

Local Planning Policy Framework (LPPF)

Clause 21.03 Municipal Vision and Framework Plan

The land use planning and development vision for Mount Alexander Shire will be achieved by [in part]:

• Increase in the economic development potential of the agriculture and horticulture industries; and

• Protection of agriculture land uses from incompatible non-agricultural based development.

Clause 21.04-6 Agriculture

Issues highlighted in this statement and relevant to this application are:

• Land use conflict between established agricultural and horticultural land uses and the use of agricultural land for non-agricultural, rural living or hobby farming purposes;

• Condition and health of the Loddon and Campaspe water catchments and its affect on agriculture;

• Scarcity of water is a limitation on agricultural uses in the Shire;

• Agricultural land in the municipality is an important economic resource that needs to be protected; and

• Diversity of the agricultural economy is becoming more diversified including industries such as wineries and fine foods.

The application would facilitate the agricultural use of the land. This clause also seeks to reinforce the State Policy of preventing non-agricultural uses undermining the intent of the zone.

Zoning

Clause 35.07 relates to the Farming Zone the relevant purpose of which is as


follows:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

• To provide for the use of land for agriculture;

• To encourage the retention of productive agricultural land; and

• To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture.

The proposal allows for the creation of an area where agricultural machinery being used on the land can be stored in an orderly fashion. This complies with the purpose of the zone. The earthworks trigger a permit because of the provisions within the schedule to the zone, where earthworks change the discharge point of water across a property boundary.

The decision guidelines of the zone seek to ensure that buildings and works are required for an agricultural purpose. This application is supported by the decision guidelines. Permit conditions would require that the works site be only used for such a purpose.

Overlays

Clause 42.03 Significant Landscape Overlay (SL01)

Schedule 1 of this overlay, which applies to this land, seeks to protect the Maldon Landscape Area. The relevant comment within this overlay is:

To preserve and enhance the character of the roadside along major approach roads to towns, the areas of landscape significance as identified by the National Trust and the Department of Natural Resources and Environment, prominent vegetation within the township area, the environs of the Cairn Curran Reservoir and other areas of visual landscape interest.

This application is for a site which lies on one of the main approach routes to Maldon. As discussed previously, when approaching from the Castlemaine direction, the site is barely visible and does not detract from the landscape. The site is more visible from the Maldon direction but the site lies amongst significant roadside vegetation in the form of mature trees. Permit conditions will seek to ensure that the site is used to store only genuine agricultural machinery being used on the land in question.

4. Issues

Outstanding objections to the application

Following advertisement of the application in accordance with Sections 52(1)(a) and 52(1)(d) of the Planning and Environment Act 1987, eight objections were received from four parties. A summary of objections are followed by officer comment.

The land will be used by the landowner to house machinery, equipment and


vehicles associated with their earthmoving business.

The application is for the development of the land in the form of earthworks to create an area to store agricultural machinery being used on the land. If the land is put to any other use, it must be in compliance with the provisions of the Mount Alexander Planning Scheme. Permit conditions included as part of the recommendation, have sought to explicitly restrict the use of the land. This application has been lodged with Council in response to a planning compliance matter regarding the inappropriate storage of goods and materials on the land. Such goods would not be allowed to be stored on this land if the recommended conditions are adopted by Council.

The creation of the earthworks will obscure the vision at the intersection of Castlemaine-Maldon Road.

A site inspection specifically sought to determine the veracity of this objection. The earthworks do not project above the natural surrounding ground level at the intersection and so this objection does not have merit in determining this application. Notwithstanding this, cars approaching the intersection from the Maldon direction no longer have as great a sight distance of the traffic on Butchers Road, now being approximately 50 metres from the intersection.

Butchers Road cannot sustain the turning movements that would occur with heavy vehicles entering the site via the entrance nearest to the intersection.

Council’s Infrastructure Unit has provided permit conditions which require that both existing vehicle crossings be upgraded and that heavy vehicle’s to enter and exit the site from the vehicle crossing located some 220 metres south of Castlemaine - Maldon Road.

The shed is larger than is required for the farming operation on the land.

The proposal does not include the construction of any shed. The works on the land, which have already been undertaken, represents the total works for the application.

The intersection of Castlemaine-Maldon Road and Butchers Road is dangerous with the bitumen failing at this point. Any heavy machinery accessing this road will cause the danger of the intersection to increase.

The state of the intersection is a matter for Council/VicRoads capital works programs. The application does not seek to move heavy vehicles onto or off the land on a regular basis. Movement of such vehicles, normal to an agricultural enterprise, are a right of carriage on public highways. Conditions on any permit that may be issued have been recommended to limit the use of the land to which the purpose for which the application was made.


If an appeal were to be lodged to the Victorian Civil and Administrative Tribunal, by either the applicant or objectors, Council would incur the cost of officer time to prepare and present an appeal in Melbourne.


6. Consultation

Advertising

The application was notified to adjoining and adjacent property owners by registered post and with a sign being placed on site along the Butchers Road and Castlemaine-Maldon Road frontages.

It was decided that an applicant / objector meeting would not mitigate objector concerns.

Applicant-objector correspondence

Each objector was visited at their property or business address and the application was discussed. Several objectors included matters that were not able to be addressed as part of the consideration of the application. Matters such as the perceived poor quality of the intersection of Castlemaine-Maldon Road and the state of Butchers Road are a matter for capital works budgets between Council and VicRoads. Concerns regarding the potential unlawful use of the land were addressed with objectors being advised that Council can only assume that a landowner would act lawfully and in accordance with any permit that may be granted. Submitters were also advised about the process of the application being considered by Council for determination and the rights of appeal that were available to all parties.

External Referrals

• Goulburn-Murray Water, who had no objections subject to one condition being placed on any permit that may be granted.

Internal Referrals

• Infrastructure Unit, which provided conditions to be placed on any permit that may be granted.

7. Conclusion

The application for earthworks in association with agriculture is a reasonable development of the land. Concerns regarding ulterior motives of the landowner can be addressed with appropriate conditions on any permit that may be issued.

The permit trigger within the Farming Zone, for earthworks which change the discharge point of water across a property boundary, does not represent a major impediment to the earthworks for which an application was made. The redirection of water flow was only varied in a minor way and the receiving waterway was not changed or impacted upon.

The earthworks requiring a permit under the Significant Landscape Overlay (Schedule 1) seeks to protect the approaches to Maldon from inappropriate development. This proposal provides for a site cut which has significant area but limited depth. The total cut is just over one metre.


Objections received have influenced the conditions recommended for any permit that Council may grant.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Permit for Earthworks in association with agriculture at 315 Butchers Road, Muckleford, known as Lot 2 on PS623012, subject to conditions.

1 PLANS NOT TO BE ALTERED 1.1 The plan submitted with the application, detailing works to be undertaken,

shall not be altered without the prior written consent of the responsible authority.

2 USE OF THE LAND 2.1 The area of works may only be used for the storage of agricultural machinery

and vehicles being used on the land for agricultural purposes. The storage area may not be used to store any other vehicles, machinery, equipment or goods, except allowed for under the provisions of the Mount Alexander Planning Scheme.

3 INFRASTRUCTURE CONDITIONS 3.1 Entrance to the land for any heavy vehicles must only occur at the crossover

and entrance located 220 metres south of Castlemaine-Maldon Road. 3.2 The permit applicant must upgrade both vehicle crossings located in

Butchers Road to the satisfaction of the Responsible Authority. 3.3 The permit must maintain existing fill on the site to ensure safe sight

distances at the intersection of Butchers and Castlemaine – Maldon Road to the satisfaction of the Responsible Authority

4 GOULBURN-MURRAY WATER CONDITIONS 4.1 Any stockpiles of soil excavated from the site must be stabilised, bunded or

vegetated to ensure no sediment is transported off-site or to waterways during rainfall events.

5 PERMIT EXPIRY – TIME FOR STARTING AND COMPLETION 5.1 This permit will expire if one of the following circumstances applies:

a) The earthworks are not completed within two (2) years of the date of this permit.

5.2 Council may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards.


9.4. BUILDING SUSTAINABLE COMMUNITIES (COM)

COM 34 INFORMATION TECHNOLOGY STRATEGY 2014 - 2017

Responsible Director: Director Corporate Support Responsible Officer: Manager Information Services Original Document: DOC/14/32781

1. Purpose

The purpose of this report is for Council to formally adopt the Information Technology Strategy 2014 - 2017.

Refer to:

Separate Attachment COM 34A: Information Technology Strategy 2014 - 2017

2. Background

An Information Technology (IT) strategy is typically a long-term action plan for achieving a goal, set in the context of a rapidly changing technology environment.

Council adopted the first IT Strategy in January 2011.

The strategy was scheduled for review in 2013 with the review process commencing in late June. Workshops and reviews were conducted over the ensuing months.

The review looked at all directions, initiatives and actions identified in the original strategy and evaluated them against current IT trends and the ever changing nature of the IT industry.

Taking into account the trends and changes over the past three years, some initiatives and actions that had been previously abandoned have been reviewed and reinstated for actioning in the coming three years of the strategy.

The directions identified in the 2011 strategy have served Council very well over the past three years and the 2014 strategy will strengthen Council’s capacity assist in the delivery of Council services.


Council Plan 2013-2017

Council’s vision is “A thriving community working together to create a sustainable and vibrant future”.

A key strategy in the Plan is to “Ensure access to up-to-date information about Council facilities and services for residents, newcomers and visitors”. The IT Strategy supports this through an enhancement of the content management system that powers Council’s website. In addition to the underlying system enhancement the website will receive a complete makeover with an emphasis on information continuity and availability across all platforms.

Corporate Plan 2013-2015

Under the goal of Creating a Productive Environment is the following statement:


“We continually improve the reliability of our information technology systems, while maintaining cost efficiencies by upgrading our software and infrastructure”

Priorities outlined in the Corporate Plan to achieve this include:

• Update and maintain effective, efficient and secure systems • Enhance service delivery through innovation

This IT Strategy reviews the opportunities for more efficient and effective service delivery, utilising current information technology infrastructure and looking to technology based innovations that could transform the way Council provides services to the community.

4. Issues

The key objectives of the IT Strategy are to assess if Council is getting value from its information technology and to review opportunities presented by new technology.

The Strategy covers three key strategic areas:

Strategic Alignment: governance and planning processes to ensure the organisation is aware of new technology and trends and is positioned to determine if investment in new technologies supports the strategic direction of Council.

IT Effectiveness: moving the emphasis from process and transaction efficiency within business unit silos to technology support for cross-functional customer management processes.

Operational Efficiency and Innovation: a review of emerging trends and new technologies which can transform service delivery as well as delivering best value to the organisation.

The strategy identifies 43 actions to be completed over the next three years to implement the recommendations for improved efficiency and effectiveness of Mount Alexander's Information Technology systems and support.


Implementation of the Strategy will be subject to funding in future budgets.

6. Consultation

IT Staff and individual Council staff members have been interviewed to identify both problems with current systems and opportunities for utilising new technology.

7. Conclusion

The IT Strategy has been developed through consultation across Council service units and by reviewing new and emerging technology that create opportunities to deliver more efficient and effective services to the community. The strategy identifies 43 actions to be completed over the next three years, utilising Council’s IT Unit and other resources, current software provider assistance and proposed investment in new and upgraded technology.

RECOMMENDATION

That Council adopt the Information Technology Strategy 2014 – 2017.


COM 35 REVIEW OF AUDIT AND RISK ADVISORY COMMITTEE CHARTER

Responsible Director: Director, Corporate Support Responsible Officer: Director, Corporate Support Original Document: TRIM DOC/14/33370

1. Purpose

The purpose of this report is for Council to consider and approve the amended Audit and Risk Advisory Committee Charter.

Refer to:

Attachment COM 35A: Audit and Risk Advisory Committee Charter

2. Background

Council resolved at the Ordinary Meeting of Council on 14 December 2010 to revoke the Audit Committee Section 86 delegation and re-establish the Committee as an Advisory Committee under Section 139 of the Local Government Act, 1989. Council also resolved to rename the Committee, the Audit and Risk Advisory Committee and to adopt a new Audit and Risk Advisory Committee Charter.

The Audit and Risk Advisory Committee is required to review its Charter on an annual basis in order to examine the effectiveness of its own performance and ensure compliance with relevant legislation.



Council is required to establish an Audit and Risk Advisory Committee as an advisory committee under Section 139 of the Local Government Act, 1989.

4. Issues

The Audit and Risk Advisory Committee reviewed the Charter at its meeting held on 5 June 2014 and made the following recommended amendments:

The Committee will be comprised of up to six members as follows:

• Two Councillors;

• At least three independent members, one of whom shall be appointed as Chairperson of the Committee by Council upon a recommendation of the Chief Executive Officer (CEO).

• Independent members of the Committee shall be appointed for a term of up to three years and are eligible to be reappointed after the expiry of their terms to a maximum of two terms or six years. The terms of each member should be arranged so that there is an orderly rotation of membership and avoidance of more than two members retiring at the same time. The terms of appointment shall be aligned with the beginning of Council’s financial year.


There are no financial and resource implications arising from this report.


6. Consultation

The Audit and Risk Advisory Committee Charter was reviewed by the Audit and Risk Advisory Committee at its meeting held on 5 June 2014.

7. Conclusion

The Audit and Risk Advisory Committee has reviewed the Audit and Risk Advisory Committee Charter and have recommended changes for Council’s consideration.

RECOMMENDATION

That Council adopt the amended Audit and Risk Advisory Committee Charter as per Attachment COM 35A.


COM 36 REQUESTING THE MINISTER FOR PLANNING APPLY INTERIM HERITAGE CONTROLS TO 74-80 FOREST STREET CASTLEMAINE

Responsible Director: Jason Taylor, Director Sustainable Development Responsible Officer: Senior Strategic Planner Original Document: DOC/14/35361

1. Purpose

This report is being presented to Council to consider asking the Minister for Planning to apply an interim heritage overlay to 74-80 Forest Street Castlemaine, the former Castlemaine Coach Factory (also known as the former Hunt & Lobb site).

Refer to:

Attachment COM 36A: Aerial photograph of 74-80 Forest Street Castlemaine showing extent of proposed Heritage Overlay

Attachment COM 36B: Photographs of building Attachment COM 36C: Extract of draft Forest Street to Forest Creek Heritage

Assessment Report relevant to site, Mandy Jean and David Moloney, 2014.

2. Background

On 14 May 2013, Council resolved to issue a Notice of Decision to issue planning permit PA248/2012 to redevelop land at 72-80 Forest Street Castlemaine. At the time of assessing this planning permit it was identified that some of the current structures on the site may be of significance.

Following this, Council commissioned a heritage assessment of the surrounding area to be completed. A draft of this assessment has now been completed, and identified that the buildings at 74-80 Forest Street Castlemaine are of contributory significance to the precinct.

On 25 July 2014, Council received a Report and Consent Request under Section 29A of the Building Act/Regulations to consent to the demolition of the buildings on site. Council must determine whether to give consent to the demolition, or to request the Municipal Building Surveyor (MBS) ‘stop the clock’, and request Minister for Planning apply interim heritage controls to the building.

Due to the statutory timeframe to provide this consent, a determination had to be made before consideration of this report. The MBS has stopped the statutory clock, and officers have prepared Planning Scheme Amendment C75 requesting the Minister for Planning to prepare and approve a Planning Scheme Amendment to apply an interim heritage overlay to the site.



Statutory Controls

Building Act 1993

Section 29A of the Building Act requires building surveyors to seek consent from Council’s MBS prior to issuing a permit for demolition of a building.


Section 29B of the Building Act requires Council to give immediate notice to the relevant Building Surveyor of the request if a request is made to the Minister for Planning to prepare a planning scheme amendment under Section 20(4) of the Planning and Environment Act.

Planning and Environment Act 1987

Section 20 of the Planning and Environment Act relates to giving notice of Planning Scheme Amendments. 20(4) allows the Minister for Planning to exempt himself from giving notice of the amendment.

Council has asked the Minister for Planning to prepare a planning scheme amendment for interim heritage controls (a heritage overlay), and exempt himself from giving notice of the amendment, while Council follows due process to undertake a planning scheme amendment with notice to implement permanent heritage controls.

Mount Alexander Planning Scheme

Clause 21.01 ‘Overview of the Mount Alexander Site’ includes the contextual statement: ‘The Shire is well known for its heritage townships, buildings and places, which are of local, state and national significance.’

Clause 22.01 ‘Castlemaine Central Conservation Area’ states: ‘it is policy that the remaining evidence of buildings and works of the Victorian and Edwardian era are preserved.’ While the site is not within the HO667 area, it is adjacent to it, as HO667 covers land on the opposite side of Forest Street. This clause also states that it is policy that when considering applications for use and development in the Castlemaine CBD, that any comments from Council’s heritage advisor should be considered. The heritage advisor has identified that this building may be significant, and this is supported by the Forest Street to Forest Creek Heritage Assessment.

A number of changes to the Mount Alexander Planning Scheme are proposed by Amendment C61. As the review has been adopted by Council and the amendment is on public exhibition, it has the status of being ‘seriously entertained’.

Proposed Clause 22.01-4 of the new Local Planning policies more clearly addresses demolition. This clause states that ‘It is policy to discourage the demolition of significant and contributory heritage buildings unless it can be demonstrated that the building is structurally unsound, and the original fabric of the building has deteriorated to such an extent that a substantial reconstruction would be required to make the building habitable.’

Policy

Heritage Strategy

The heritage strategy acknowledges a number of challenges, including those resulting from having ageing heritage studies, and the uneven spread of heritage overlays across the shire.

This example of a significant building without heritage protection is a result of the significant building not being identified in the 1979 Castlemaine heritage study which focussed primarily on buildings of architectural significance.


Council Plan

The Council Plan 2013-2017 includes the objective to Protect and promote our built, cultural and natural heritage under the Building Sustainable Communities section.

Applying heritage controls to this site is consistent with the objective from the Council Plan 2013-2017, as this will protect the building from being demolished without appropriate planning assessment.

Strategic Assessment Guidelines

The Strategic Assessment Guidelines are guidelines by which all planning scheme amendments must be assessed, prior to authorisation from the Minister for Planning. The Strategic Assessment Guidelines forms the basis for an Explanatory Report.

The property was identified in the Forest Street to Forest Creek Heritage Assessment Report as 'contributory' to the proposed 'Forest Creek Precinct'. The study has been completed to draft status, and is awaiting consultation and subsequent formal adoption by Council. A Planning Scheme Amendment to implement this study has not yet been commenced.

Due to the imminent threat of demolition, a site specific interim heritage overlay is required while Council prepares a separate amendment to apply permanent controls to the site.

The amendment is consistent with the objectives of planning in Victoria, in particular the objective detailed in Section 4(1)(d) of the Planning and Environment Act 1987 (the Act), being to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.

4. Issues

Castlemaine contains a large number of heritage buildings that have not yet been assessed for their significance, and have not been included in the heritage overlay. As they do not have protection, a planning permit is not required. Should a request for report and consent for demolition be received, Council can consider applying heritage controls to the site to prevent demolition.

The intersection of Forest and Barker streets, and land further to the east along Forest Street (including the subject land) is the location of a thriving industry of smaller transport providers, and associated industries. Most other examples of 19th century building fabric have been demolished, with a number of early 20th century examples of building fabric remaining.

The former Castlemaine Coach Factory is a significant building that has been identified for inclusion in the heritage overlay in the Forest Street to Forest Creek heritage assessment. The building has a long history tied to transportation in Castlemaine, initially as the Castlemaine Coach Factory when that business relocated in 1885.

By the 1930’s the building had become a motor car agency, selling cars, and painting, upholstering, or hooding them. Including in the many makes of cars sold were Austin cars and trucks. The trucks were unique in that they were delivered to Castlemaine in crates, then assembled and painted in the factory. Much like the


use of the building has adapted to modern transport needs, the building fabric has adapted too, with the removal of the shoeing forge, on the west side, and significant changes to the front windows, facilitating a modern motor car sales business.

Following the request to allow demolition, Council has two options:

1. Council can either consent to demolition, or

2. Seek the Minister for Planning apply an interim heritage overlay.

Should Council consent to demolition, Council has no ability to apply conditions regarding retention of part(s) of the building, or recording of the fabric in any way.

Should interim controls be approved by the Minister, Council can seek to retain the building, and facilitate re-use through the planning permit process.


Due to the request for demolition, and the need to expedite the application of permanent controls on the site, a separate Planning Scheme Amendment will need to be undertaken to apply an individual heritage overlay to 74-80 Forest Street Castlemaine, prior to commencing implementation of a precinct heritage overlay as recommended by the heritage assessment.

This will have resourcing implications as Council will need to undertake two Planning Scheme Amendments, one to implement the individual overlay, and a separate one to implement the precinct overlay (replacing the individual). There are also the additional resourcing implications of this; however, this can be contained within current operational budgets.

6. Consultation

A community consultation was undertaken when preparing the Forest Street to Forest Creek Heritage Assessment Report. A statutory exhibition period will be undertaken as part of the amendment to introduce permanent controls to the site.

There has not been any consultation taken as a result of this amendment to apply interim controls due to the urgency of the situation.

7. Conclusion

On 25 July 2014, Council received an application under Section 29A of the Building Act to demolish buildings at 74-80 Forest Street Castlemaine. Under Section 29B of the Building Act, Council must consent to this demolition within 15 working days, or can seek to ‘stop the clock’ to apply a heritage overlay.

The building at 74-80 Forest Street Castlemaine is the former Castlemaine Coach Factory. Council has been undertaking a heritage assessment on the area south of Forest Street, including the subject building. The study has been completed to draft status, and recommends the application of a heritage overlay to the site.

Whilst the history of the Castlemaine Coach Factory can be traced back to 1862, the current building dates back to 1885. Since then the building has been adapted as transport technology has changed, and most recently used as Hunt and Lobb Ford dealership. The building represents the adaptation and transition of transport over time in Castlemaine


RECOMMENDATION

That Council:

1. Endorse the request made to the Minister for Planning on 15 August 2014 requesting the Minister prepare, authorise, and approve Mount Alexander Planning Scheme Amendment C75, which proposes to apply an interim heritage overlay to 74-80 Forest Street Castlemaine;

2. Seek authorisation from the Minister for Planning to prepare Planning Scheme Amendment C77 which proposes to apply a permanent heritage overlay to 74-80 Forest Street Castlemaine;

3. Following authorisation from the Minister for Planning, Planning Scheme Amendment C77 be exhibited; and

4. Delegate to the Chief Executive Officer, the power to make minor drafting changes to the Amendment documentation.


10. DELEGATES REPORTS

11. NOTICE OF MOTION

11.1. NOTICE OF MOTION 05/2014 – REQUEST TO REVIEW THE CONDITION OF BARKERS STREET, CASTLEMAINE

Moved Councillor Bell

That Council writes to the Minister for Public Transport requesting that urgent action be taken to review the condition of Barkers Street, Castlemaine and that replacement of the road surface and upgrade of the marked bicycle lanes be scheduled in the 2015/2016 financial year.

Rationale

Barkers Street, Castlemaine is a state road and forms part of the Midland Highway. Barkers Street is an important transport corridor and forms a critical north - south link in central Castlemaine. The road also caters for a significant amount of heavy traffic that services the town centre, the Railway Station precinct and heavy transport heading south to Daylesford and Ballarat.

The current road surface is uneven as a result of many years of wear and tear and also as a result of disturbance resulting from work to local services, such as water, gas and telecommunications. This is particularly evident in the intersections. The uneven surface has resulted in dangerous conditions, especially for heavy vehicles and cyclists.

On – road marked bicycle lanes are in place from Halford Street to Forest Street. The road surface on the bicycle lanes is uneven and contains hazards such as sign posts.

Our community has expressed concerns about the condition of Barkers Street, Castlemaine to regional VicRoads staff for several years. To date no action has been taken to address the concerns and urgent action is necessary to rectify the situation.

12. URGENT SPECIAL BUSINESS

13. MEETING CLOSE


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