Planning and Development Committee Agenda Railway Precinct Project - Status ..... 6 3. Victorian...

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Planning and Development Committee Agenda Date: Wednesday 25 January 2017 Time: 6pm Venue: Civic Centre (Council Meeting Room) 13 Mair Street, Benalla Members of the community are welcome to attend the Meeting. In accordance with the Governance Local Law 2016 clause 4.6.4 an audio recording will be made of the proceedings of Council / Special Committee meetings. PO Box 227 Benalla Victoria 3672 1 Bridge Street East Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected] 1

Transcript of Planning and Development Committee Agenda Railway Precinct Project - Status ..... 6 3. Victorian...

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Planning and Development Committee

Agenda

Date: Wednesday 25 January 2017

Time: 6pm

Venue: Civic Centre (Council Meeting Room)

13 Mair Street, Benalla

Members of the community are welcome to attend the Meeting.

In accordance with the Governance Local Law 2016 clause 4.6.4 an audio recording will be made of the proceedings of Council / Special Committee meetings.

PO Box 227 Benalla Victoria 3672 1 Bridge Street East

Tel: 03 5760 2600 Fax: 03 5762 5537 [email protected]

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Agenda –Planning & Development Committee 25 January 2017

BENALLA RURAL CITY COUNCIL

Contents

Acknowledgement of Country ................................................................................. 3

Apologies .................................................................................................................. 3

Confirmation of the Minutes of the Previous Meeting ........................................... 3

Disclosures of Conflict of Interest .......................................................................... 4

Business.................................................................................................................... 5

1. Public submissions on any matter ..................................................................... 5

2. Benalla Railway Precinct Project - Status .......................................................... 6

3. Victorian Government - New Energy Jobs Fund .............................................. 10

4. Relocated Housing - Trewin Estate, Benalla ................................................... 17

5. Planning Scheme Breach - 292 Terrett Road, Goomalibee – EnforcementProceedings ..................................................................................................... 27

6. Environmental Sustainability - activity report for the quarter ended 31December 2016 ............................................................................................... 31

7. Planning and Building Approvals December 2016 ........................................... 37

8. Road and Footpath Management Plan Review ............................................... 44

9. Benalla Municipal Emergency Management Planning Committee - Review .... 48

10. 2016/17 Capital Projects Program status as at 31 December 2016 ................ 51

11. Development Department - activity report for the quarter ended 31 December2016 ................................................................................................................. 56

12. Infrastructure Department - activity report for the quarter ended 31 December2016 ................................................................................................................. 73

13. Facilities Department - activity report for the quarter ended 31 December2016 ................................................................................................................. 81

Closure of Meeting ................................................................................................. 92

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Agenda – Planning and Development Committee 25 January 2017

AgendaChair Councillor Davis

Councillors Councillor Alexander Councillor Claridge Councillor Firth Councillor Hearn Councillor Upston Councillor van Wersch

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

Acknowledgement of Country

We acknowledge the traditional custodians of this land and pay respects to their elders and the elders from other communities who may be here today.

We also acknowledge all other peoples who have contributed to the rich diversity of this Country.

Apologies

Confirmation of the Minutes of the Previous Meeting

The minutes have been circulated to Councillors and posted on the Council website www.benalla.vic.gov.au pending confirmation at this meeting.

Recommendation:

That the Minutes of the Planning and Development Committee meeting held on Wednesday 7 December 2016 be confirmed as a true and accurate record of the meeting.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

This Committee Meeting is conducted in accordance with the Local Government Act 1989 and the Benalla Rural City Governance Local Law 2016.

Behaviour at meetings

It is an offence for any person to engage in improper or disorderly conduct at the meeting. Members of the public present at a meeting must remain silent during the proceedings other than when specifically invited to address the Committee.

The Chair may order and cause the removal of any person, not being a Councillor, who disrupts any meeting or fails to comply with a direction. A person removed from a Meeting must leave the premises or move to a public area of the premises where they can no longer disrupt the meeting.

If the Chair is of the opinion that disorder in the gallery makes it desirable to adjourn the meeting, the Chair may adjourn the meeting to a later time on the same day or to some later day as the Chair thinks proper.

Disclosures of Conflict of Interest

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 direct and indirect conflict of interest must be disclosed prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting.

Disclosure of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a disclosure in writing, the classification of the interest must still be declared at the meeting):

(a) direct financial interest

(b) indirect interest by close association

(c) indirect interest that is an indirect financial interest

(d) indirect interest because of conflicting duties

(e) indirect interest because of receipt of an applicable gift

(f) indirect interest as a consequence of becoming an interested party

(g) indirect interest as a result of impact on residential amenity

(h) conflicting personal interest.

A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.

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Agenda – Planning and Development Committee 25 January 2017

Business

1. Public submissions on any matter

A total of 12 minutes will be allocated with a maximum of three minutes to each speaker.

A person wishing to address the Committee on a matter not listed on the agenda must submit a ‘Request to be heard’ form by 10am on the day of the meeting. At the time of registering to speak persons must provide a summary of the matter on which they will be speaking. It must not be in contravention of the Governance Local Law 2016.

Requests to speak will be registered strictly in the order of receipt of the request at the Customer Service Centre.

Recommendation:

That the submissions be received.

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Agenda – Planning and Development Committee 25 January 2017

2. Benalla Railway Precinct Project - StatusE2415

Larissa Montgomery – Environmental Sustainability Coordinator Veronica Schilling – General Manager Development and Environment

PURPOSE OF THE REPORT

The report details the status of the community proposal to redevelop VicTrack land to the north of the Benalla Railway Station.

BACKGROUND

A report was presented to the Council in May 2015 outlining a proposal from a group of local people to establish a community garden on unused railway land opposite the Benalla Railway Station. Initially the community group wanted to establish an edible garden. However due to the foreseeable issues with both contamination of the site and ongoing sustainability of such a project, the group has decided to investigate other options.

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Agenda – Planning and Development Committee 25 January 2017

DISCUSSION

The Benalla Railway Project group has established a basic outline of the project which is included in Appendix 1.

The aim of the Benalla Railway Project is:

that a community initiated and executed project create a community asset on the currently vacant and uncared for railway site north of Benalla Station known as Lots 107 and 45 for the benefit and enjoyment of all Benalla resident and visitors. It will provide health, social, employments and educational opportunities and bring the diverse interests and capabilities of our community together.

The group has also requested that the Council consider the contribution of bluestone pavers and heavy timbers from the saleyards during current deliberations being made about the future of the saleyards.

An informal boxing club for youth at risk has been operating for a number of years out of the goods shed, which is located on the site, with up to 70 youth using the club each week. Through the leasing process and discussions with VicTrack it has come to light that there is currently no written agreement in place for use of the goods shed for the boxing club and this must be formalised.

A formal application by the Council to lease the land was made to VicTrack in November 2015. Since the initial application to lease the land, several requests for further information have been made by VicTrack to allow the application to proceed. The proposal reached a stand-still in June 2016 as VicTrack would not process the application from the Council to lease the land without:

1. the community group(s) being formally established to allow a sub-lease;

2. a detailed plan for the use of the site, including a drawn site plan; and

3. details about who will be responsible for the goods shed and arrangements forthe current group using the shed.

A report was presented to the Council in August 2016 detailing the progress of the project. The Council resolved:

That a meeting be conducted between representatives of VicTrack, the project initiative and the Benalla Boxing Club.

A meeting between representatives of the Council, VicTrack, the Benalla Railway Project group and the Boxing Club was held on 25 October 2016. The meeting provided an opportunity for VicTrack to clarify the requirements for lease and sub-lease arrangements to be made. In particular, VicTrack confirmed the need for the group(s) to become incorporated, develop a business and site plan and have appropriate insurance cover.

VicTrack also indicated that once the lease was established, VicTrack would do some minor works to the goods shed to ensure it was in a useable and safe condition. The VicTrack Community Use of Vacant Rail Buildings Community Use Program was presented as a program that the group(s) could apply for to have the

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Agenda – Planning and Development Committee 25 January 2017

goods shed renovated; however the program budget is currently fully allocated until June 2019.

Two follow-up meetings with the members of the Railway Project group and the boxing club have been held to discuss the best way to advance the project and secure the goods shed for use by the boxing club.

All stakeholders have agreed that the best way to progress is for the lease to be separated into two leases, one for the goods shed and one for the remainder of the vacant land. This will allow the use of the goods shed by the boxing club to be resolved quickly and minor works carried out to ensure it is safe to use. At the same time the Benalla Railway Project can continue to develop and finalise their plans for landscaping the balance of the land. The arrangement will allow both groups to assess and manage their own levels of risk.

The Railway Project Group have gained incorporation and are finalising business and design plans for the vacant land. The boxing club has a meeting scheduled for 24 January 2017 to formalise its incorporation and has investigated insurance options.

Council officers will continue to support both groups in their endeavors to become incorporated, develop site and business plans and acquire appropriate insurance to enable the leasing arrangements to be finalised with VicTrack.

To ensure the future needs and plans of both groups are accommodated, it will be important for both groups and the Council to come to an agreed future vision of the site and establish a Memorandum of Understanding through the sub-leasing agreement.

It is also proposed that both groups, with the support of the Council, work towards submitting a joint application to the VicTrack Community Use of Vacant Rail Buildings Community Use Program as soon as possible.

COUNCIL PLAN 2013-2017 IMPLICATIONS

Our Community � Our community is dynamic, healthy, strong, socially integrated and active.

People of all ages, abilities and backgrounds are engaged in their local communities. The community is resilient and owns its own plan for the future.

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

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

Our Economy � Tourism and population attraction to contribute to the growth, diversity and

sustainability of our local economy.

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Agenda – Planning and Development Committee 25 January 2017

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

Community Engagement and Working Together � Effective collaboration and strong partnerships are maintained with the

community, community leadership organisations, the local government sector and State and Federal governments.

ENVIRONMENTAL STRATEGY 2016-2020 IMPLICATIONS

� Develop strong relationships between Council and agencies and community groups managing other environmental projects so mutual benefits can be achieved

� Community groups and projects are recognised and supported by Council where practical.

FINANCIAL IMPLICATIONS

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

Recommendation:

1. That the Council amend its earlier request to VicTrack and seek two separateleases; one for the Goods Shed and one for the remaining vacant land (Lots107 and 45).

2. That the Council and the parties establish a mutually agreed vision for theland and buildings.

3. That the Council support the Benalla Railway Project and the Benalla BoxingClub to submit applications under the VicTrack Community Use of Vacant RailBuildings Community Use Program.

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Benalla Railway Precinct Project Now Benalla Railway Project Inc. (No A0097943r)

Business and Strategic Plan

Aim: That a community initiated and executed project create a community asset on the currently vacant and uncared for railway site north of Benalla Station known as Lots 107 and 45 for the benefit and enjoyment of all Benalla residents and visitors. It will provide health, social, tourism, employment and educational opportunities and bring the diverse interests and capabilities of our community together.

Vision: The project will incrementally achieve a major sustainable and innovative arts and recreation precinct. Its impact will be immediately seen by train travellers and those arriving into Benalla from Shepparton. It will inspire confidence in our community and amongst ourselves.

Proposal: 1. Create an aesthetic and unique landscape with arts focus such as a labyrinth1.2. Restore and/or remodel the existing railway shed to building code standard for

community use and the current youth group occupants in particular3. Restore and find use for the Signal Box based on the possibility that it is

relocated onto the Lease site for safe access and use purposes.4. Rebuild the toilet block facility.

Reason: Various reports2 recognise Benalla Rural City as disadvantaged with high unemployment, mental health issues, lack of educational opportunities and having both youth behaviour and climate change impact concerns. This community orientated project has the potential to be constructive, practical, sustainable, self-sufficient and innovative to address many of these community disadvantages.

� Community � will serve community mental and physical needs � attract 'in-kind' contribution � recognise sustainable living and global warming issues � set unique example � present our history, culture, aboriginal connections and art focus � Constructive � cost effective � well planned � correctly estimated � labour and funding efficient � simple to manage and become involved in � Practical � Low maintenance � Easy to implement � Open for ongoing future improvement and additions

Appendix 1

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� Visual and accessible for everyone � Safe environment for activities – Risk Management & OH&S � Self-rejuvenated plans where possible � Sustainable � Eco friendly � Use recycled/recyclable & decomposable materials � Clean renewable energy use � Use saving water technologies � Reduce green gas emissions purposed � Reduce noise pollution � Rejuvenate contaminated land � Land will be reused for the community and environmental benefits � Self-sufficient � Use solar energy systems where possible � Energy and water effective design � Use tank water � Use native and/or drought resistant plants � Use “bush tucker” plants � Use saving water landscape design � Use local natural materials & reuse available materials � Use water efficient irrigation design � Target 98% water and 70 % energy efficiency. � Innovative and creative � Investigate, involve and implement new technologies, materials and methods � Invite local artists to share ideas and display artwork � Engage street artists � Design to ensure that all part of the garden infrastructure and services can be

easily repaired, maintained or replaced. � Fence as a feature of the project, not just a risk management tool. � Investigate using VicTrack reclaimed or recycled materials for fencing, seating,

light poles, shed renovation or art work.

PROJECT: The project has evolved from the amalgamation of two concurrently conceived plans for the Edible Garden concept and the ambition by a separate group headed by Rob Roach and David Moore to protect the Signal Box from vandalism and find an appropriate use for it.

The goal now is to create a visually stimulating precinct mixing art, landscape and fauna with active and passive recreation opportunities. Renovating the goods shed will enable safe use for the current youth group users and others. The relocated Signal Box will become a site feature.

As the project further evolves it will incorporate aspects to reflect the social and employment history of the site including its 800 employees, family worker camp, migrant and POW connection and Ned Kelly.

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Existing Benalla projects including the aboriginal garden, mural, street art and Rotary outdoor gyms equipment can be extended onto this area.

It will complement the vision of the draft Benalla and District Community Plan 2016 and has the encouragement of VicTrack.

BACKGROUND: The project was first conceived as an All Edible Garden Project for mental, physical and general well-being benefit to the Benalla community. It included growing and cooking produce to address community needs. After considering short and long term maintenance commitments, Health and Safety plus insurance implications this became impractical and was replaced by a visual and interactive project ambition. VicTrack and Council were advised of this change of emphasis3.

HISTORY: Rob Roach and David Moore in consultation with the Benalla Historical Society, have researched the sites original buildings including the station, two Signal Box, works shed, unique turning table, accommodation camp for workers and their families plus the adjacent iron railway bridge over the Broken River. This bridge is the largest iron plate-girder bridge in Australia and at the time of its construction in 1873, was the first of its type designed and fabricated in the colony4.

Benalla Station, opened on 18 August 1873, has played a central role in the development of Benalla Rural City. The line from Melbourne was extended from Benalla to Wangaratta in October 1873 and the building, similar to Seymour Station, was built in 1874. It was partly demolished in 1974. At its peak in the mid 1950s there were over 800 railway employees. The station has connections with Ned Kelly, Queen Elizabeth 11 and escaping POWS during WW11.

FUNDING: The project will be achieved by community 'in kind5 and labour contributions. Grant funds will be sought from public and/or private sources, Philanthropic Foundations and VicTrack6. All funding applications will stress the socio economic position of Benalla. The Benalla community is composed of rural and urban citizens who offer a range of practical talents to assist this project as proven by their assistance in constructing the Benalla swimming pool.

Local politicians will be contacted for assistance and funding guidance and Chris Thorne (Aboriginal Community Support Worker Benalla 0417 438 445) regarding indigenous funding opportunities and support.

Federal Liberal Party Member for Indi Cathy McGowan: ph 572117077 Federal National Party Member for Murray Damien Drum: ph 58215371

State National Party Member for Euroa Steph Ryan: ph 57621600 L

Labor Party Member for Northern Vic Region Steve Herbert: ph 54272444 LC Liberal Member for Northern Vic. Hon. Wendy Lovell: ph 58210055, LC

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Labor Party Member for North East Vic. Jaclyn Symes (who grew up in Benalla and whose family still lives here): ph 57832000.

Potential Funding Sources: (Veronica Schilling, Benalla Rural City Council will provide updated published funding lists as available)

1. Bendigo Bank2. Regional Development Victoria3. Volunteer grants Program for NFP ($1-5000)4. Community shade Grants: up to $5000, $5-20000, $20-500005. Local History grant up to $15, 0006. Tomorrow Today Foundation7. Benalla Rural City8. Valley Sports9. The Green Army-no longer available10. Federal Stronger Communities Programme-no longer available11. Two new Federal grants: Community Development Grant and Building Better

Regions Funds (announced 23 November 20167)12. refer Cr. Peter Davis regarding community works program13. Philanthropic Foundations14. VicTrack land and improvement grants15. VicTrack 'in kind' contribution such as the tests, services plans, survey,

machinery use for heavy materials and item movement16. Government community engagement grants17. Special project State and Federal grants18. Education and recreation grants19. Health grants20. New Landcare grants21. Benalla community 'in kind' and practical labour donations.

Committee Members Of Benalla Railway Project Inc. have extensive experience with community projects: Suzie Pearce Councillor City of South Barwon 1988-1993 (Council dissolved to become City of Greater Geelong), Member Geelong Regional Development Board 1993-4, Sue Campbell OAM Landscape Architect, Robert Roach, Rita Trewin Construction Project Manager, David Moore artist/joint creator Benalla Mural Project, Jane Grimwade organiser Botanica Benalla, Pat Mitchell farmer and member Friends of Benalla Gardens, Ellen Crocker Councillor Rural City of Benalla 2014-2016, Len Griffith and Ben Wapling founder members of the Shed youth boxing group.

Community Support: A public meeting in June 2015 gave the All Edible Garden Project its full support. They have been notified by press articles and email of the revised vision. There are currently 85 email and 45 phone contacts who have indicated willing support. This contact list is being further developed to create a 'friends' of the project to include 'tradies', farmers, businesses and in particular ex railway families and north Benalla residents.

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Project Strengths: The project is worthy and achievable. Its long term impact will be beneficial to Benalla and require little maintenance. Creation of a 'friends' list will ensure its execution and ongoing site maintenance. It will more closely link north Benalla residents with the city. It has the support of the wider community, Council and VicTrack.

Project Weakness: Benalla Railway Project Inc. has no available funds and must rely on successful fund applications, contributions 'in kind' and physical input by the community. There are no existing toilet facilities on the site. The site should be fenced beside the rail-track for worker/children safety before any work commences (N.B. There are two unused rail-tracks between the project site and the Melbourne to Albury Line). Temporary fencing costs must be factored into any development whether landscaping or building works. As there is a real possibility of site contamination it is recommended that gloves and mask be worn when disturbing the earth. Minor asbestos use has been identified in the Shed power box and must be appropriately dealt with.

Project Time Frame: It has taken more than two years to address VicTrack's altered requirements. Council will now lodge two applications for a Community Use Lease for Lots 107 and 45 and use of the Shed. Once these are granted it is anticipated that funding applications to proceed with landscaping, building the labyrinth and renovating the exterior of the Shed might take a further five years to complete. Victrack has already advised that their building funds are already committed until 2019.

In addition, the successful granting of a Community Use Lease over lots 107/45 is critical for our obtaining permission to relocate the Signal Box onto Lot 107. Its renovation and future use could then be determined.

Long Term Goal: Include a major new project like a purpose built model train building, Vertical Farm8 or other.

PROGRESS YEAR 1, 2015

March 2015: Friends, community groups (especially with health and social needs focus), together with the wider community were contacted9 to gain expressions of interest to progress the idea of an All Edible Community Garden and Kitchen on unused railway land north of Benalla Station.

29 April 2015: Site inspection with Gerard Selvon, property manager VicTrack, Veronica Schilling Rural City of Benalla, Suzie Pearce, Jane Grimwade, Sue Piper, Jackie Rubira and Pat Mitchell. It included seeing inside the goods shed and becoming aware that a youth boxing group was unofficially occupying it.

Gerard advised that the best way to progress reusing the site and restoring the Shed was for Council to apply for a Community Use Lease over the site identified as Lot 107 (later extended to also include Lot 45) and that a peppercorn rent determined by VicTrack would be charged ($1-$1000).

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Application for the lease would trigger four VicTrack reports: environmental, long term railway plans, services and building condition. He advised that VicTrack was responsible for leasing an uncontaminated and clean site. He was very encouraging of a community use project.

He told us that Chiltern in NE Victoria had received $1m to renovate their goods shed for use as a Men’s Shed and that there were many funding opportunities to achieve our ambitions. (This shed was later identified as having historic classification, ours does not).

He also said that the site was suitable for new concept food production projects like Fruition: Vertical Farm Proposal (Jo Tulino Ph 0433 809943 email [email protected]) with a potential expenditure of $5M10.

20 May 2015: Veronica Schilling successfully presented a report11 to Council seeking support for the project and authority to apply for the Community Use Lease. She advised that the application would trigger four internal Victrack reports (as advised by Gerard Selvon) which would ensue before entering into the lease. Also that Council public liability insurance would be extended to include this site.

2 June 2015: Public meeting held at North Eastern Hotel, Benalla to outline the All Edible Garden Project and seek formal permission to proceed on behalf of the community12. This was followed by a site inspection. Forty people attended including representatives of the following groups: Lions Club, St Vincent’s, Youth Boxing Group, Benalla Health, Benalla Sustainable Futures Group, Benalla Woodworkers, Food Security Network, North East Artisans, Benalla Health Dieticians and Benalla Street Art Committee, Friends of Benalla Garden and Council.

4 JUNE 2015: Feature story in Benalla Ensign outlined the proposal and that Council had given approval13.

JUNE 2015: It became apparent that a group headed by Rob Roach and David Moore made repairs to the Signal Box to make it secure. They had unclear plans how to continue protecting it from vandalism and its possible use. It was decided to combine forces and to contact Gerard Selvon from VicTrack to see if the Signal Box could be relocated onto Lot 107 and incorporated into the overall site plans. Gerard advised it was a VicRail matter but that he could influence its relocation.

15 June 2015: Visit to Stephanie Alexander Kitchen Garden, Waller Street Primary School Benalla. This highlighted difficulties concerning ongoing maintenance, food safety and insurance but also the benefit of self-grown food. Kathryn McQualter, Benalla Health also stated similar concerns.

5 AUGUST 2015: Letter to the Editor 'Reclaim Site' published in Benalla Ensign concerning the railway precinct.

11 October 2015. Meeting at Rambling Rose determined that Suzie Pearce should be President of the Railway Project Committee, Rob Roach, Secretary, Rita Trewin Treasurer, Sue Campbell Vice President, Jane Grimwade head Landscape Committee, David Moore and Rob Roach Signal Box Committee, Rita Trewin Shed

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Committee with assistance from Len Griffith and Allan Riley14 Pat Mitchell, Sue Piper and Cr Ellen Crocker general committee. It was agreed that sustainability of a large edible garden could not be assured and the emphasis be changed to a landscape project.

4 NOVEMBER 2015: Suzie Pearce and committee attended a meeting in Council chaired by the Mayor (Cr. King) seeking reaffirmation of their support because no progress has been achieved todate15. Council appointed Larissa Montgomery as part time liaison between Council and our committee. Cr. Barbara Alexander offered to find a strategic planner to assist us, Jane Rushworth has been funded for four hours assistance.

4 November 2015: Gerard Selvon advised that neither the Shed nor the Signal Box had an historic overlay. Further, that he could probably arrange for the Signal Box to be relocated onto Lot 107 for protection from vandalism and safe access16. It should be noted that i is not Victrack responsibility but ARTC contact Sean Adams ([email protected]).

11 November 2015: Larissa Montgomery advised that an amended Community Use Lease application had been submitted to VicTrack and that their interim report would be available in January 201617. This report would include site services details, contamination and shed condition report. It is central to our proceeding with a site plan and creating our strategic plan.

11 November 2015: All community groups and individuals on our contact list, including Council and VicTrack, were advised18 that the project would no longer be referred to as the All Edible Garden Project but rather the Benalla Railway Project as it was impracticable to proceed with an edible garden on a major scale. Also that a meeting to prepare our strategic plan would be convened when Council received the interim report from VicTrack.

Progress Year 2, 2016: June 2016: Frustration due lack of progress. We contacted Larissa Montgomery concerning lack of site reports/progress with VicTrack.

5 July 2016: Email from Larissa Montgomery did not make it clear that our committee was now required by VicTrack to obtain NFP status. With no site reports nor indication that a lease would be granted we did not comprehend our need to commit to NFP status as Council was to be the primary lease holder.

July 2016: Suzie Pearce tried to phone Gerard Selvon but learnt that he no longer worked at VicTrack and that Mirella Zeait was handling community use lease applications19. NFP status and a business plan is required from us to progress the lease application by Council and $20m insurance.

24 July 2016: Letter sent to Tony McIlroy CEO Benalla Rural City concerning the new requirements seeking assistance. We asked for funding for an overall concept and business plan, questioned the insurance, assistance to achieve NFP status,

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consideration for use of the Benalla sale-yard bluestone pavers when it is demolished AND a meeting with Council.0

27 July 2016: Response from Tony McIlroy advised that Veronica Schilling would present a report to Council 17 August.

17 August 2016: Report to Council by Veronica Schilling reviewed progress of the Benalla Railway Project to date and recommended that the report 'be noted'22. Suzie Pearce spoke on behalf of the project group outlining progress frustration, new requirements contrary to first process procedure advice and asking for professional assistance to comply with these and future funding applications. She asked for commitment to allow decommissioned Benalla sale-yard blue-stones be factored as an 'in kind' contribution for future landscaping plans. It was asked whether Council wanted to proceed at all....confirmed in the positive23. She commented that the recommendation that the 'report be noted' did not promise any further action by Council. No definite decision was made regarding the blue-stones24.

September 2016: Visit to Royal Botanic Garden Cranbourne by Suzie Pearce, Jane Grimwade, Rita Trewin, Pat Mitchell and Sue Campbell confirmed that a native plant garden featuring a single tree species with low under planting and bark could realistically and effectively achieve the landscaping goal. Their main buildings provided renovation inspiration for the Shed25.

25 October 2016: Meeting with Council representatives, site and shed representative, Mirella Zeait and Jean Parson from VicTrack. Mirella advised that an environmental report would cost $20-60,000 and that VicTrack would manage the delivery of works...this is unclear. She suggested applying to Bendigo Bank and Regional Development Victoria for project funding. Jean is responsible for Community Use of Vacant Buildings and advised that all building related funds are committed until June 2019 but that basic restoration might be achieved through normal lease project. Mirella and Jean offered to contact VLine regarding moving the Signal Box. Benalla Railway Project group must get NFP status, $20M Insurance, complete basic landscape design plan and a business plan26. Jean mentioned to Suzie Pearce that Chiltern has received $1M renovation funds for a Men’s Shed and toilet block. A further $160, 000 was granted to landscape and re-purpose the site for a bike hub. Both submissions were made by its Council. (NB no-one has used the site to date).

14 November 2016: Meeting at Council with Shed boxing group and Benalla Project representatives determined to proceed with the project and discussed the possibility of obtaining two separate leases (shed/site) with each group become Incorporated and gain Not For Profit (NFP) status. Veronica advised that Valley Sports and other organisations had funding to assist with building toilets/changing rooms27.

8 December 2016: Meeting at Council cancelled

December 2016: Copies of Basic Service Plan, Site Asbestos Management plan (site and shed), Asbestos Survey Register, Environmental Management Plan for Sensitive Land use on Victrack Land, Heritage Contingency Plan when Working on

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or Occupying VicTrack Owned Land received from VicTrack and water, sewerage, gas and Optus from Dial-A-Dig.

20 December 2016: NFP status completed, we are now Benalla Railway Project Inc. Based on the meeting at Rambling Rose Suzie Pearce is nominated Chairman, Sue Campbell Vice Chairman, Rita Trewin Treasurer, Rob Roach Treasurer. The Shed group is handling their NFP application separately.

21 December 2016: Meeting at Council with Shed and Benalla Railway Project representatives. Larissa Montgomery presented an overview of all actions to date and those to be completed.

It was agreed that two leases be applied for, one for Benalla Railway Project Inc. and the other for the Shed group who are yet to finalise their NFP status. It was agreed that both groups would have representation of each others committee to ensure that they work together and not have differing goals (Rob Roach and Suzie Pearce on Shed/Ben and Len on BRP Inc.). The Shed group stated that it is ONLY interested in matters concerning inside the Shed.

Benalla Railway Project Inc should aim to complete their design and business plans by early January.

Veronica offered to arrange a meeting between our landscape design team and Andrew Laidlaw (Royal Melbourne Botanic Gardens) who will be in Benalla in January. Larissa will contact the VicTrack landscape design department regarding site clearing and input/limitations advice. Matters still not resolved concern: insurance, fencing cost responsibility, Council's peppercorn lease implications for us/shed group, water/power costs, whether an extensive environmental report is needed ($20-60, 000) or whether we can simply apply safety measures as indicated in VicTrack contamination report.

Suzie to overview the project to new Mayor and Councillors 25 January.

Progress Year 3, 2017: 12 January 2017: Email from Larissa advised that VicTrack will not contribute to fencing nor Environmental Report.

Rob Roach/David Moore and Suzie Pearce prepared draft Benalla Railway Project Inc business plan for finalisation by Tuesday 17 November.

Ben Wapling advised that the Shed group would complete their NFP by the end of January and that Suzie Pearce had permission to include their matters in her overview to Councillors 25 January.

13 January 2017: Email from Larissa advised that VicTrack landscape department would visit Benalla and check site clearing requirements.

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15 November 2017: Jane Grimwade, Pat Mitchell and Sue Campbell will prepare site concept plan.. The list for consideration is compiled from all previous discussions.

Site Design Elements for Consideration:

� labyrinth for contemplative, spiritual and aesthetic value � use red bricks for the labyrinth to link with the station building � highlight the potential for community mental/physical benefits � art and sculpture emphasis � link existing project themes (mural, street art, Rotary gyms) � create an educational representation of railway precinct history � water or pergola feature � Signal Box � all native garden inspired by Cranbourne Royal Botanic Gardens28 � use native bird attracting plants � include all edible native plants29 � contemplative and restful walk between trees planted or donated by Benalla

children and/or railway families with link to the site � single tree forest of 'say' Bradford pears that give shade, autumn colour and

spring blossom30 � Use 800 or more trees/plants to represent the families who used to work for the

railways in Benalla at its peak � use a publicly recognised designer � bluestones � must be sustainable/water wise/low maintenance � car parking � allow space for future building for possible model trains or Vertical Farm

Proposal � contamination constraints.

25 January 2017: Meeting in Council to brief new Mayor and Councillors on Benalla Railway Project Inc. Suzie Pearce will seek total commitment to proceed from Councillors and Council.

To Do 2017: Finalise business plan and landscape design for Lease application by 25 January.

Cost permanent railway fencing in two parts (materials and labour) and day/week rate for temporary construction fencing, shed renovation, labyrinth materials and labour, landscaping plants and labour.

Seek funding for permanent fencing.

Develop a 'friends' of the project list especially including ex railway families, residents of north Benalla near the railway site, 'tradies', farmers and business who will give support.

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Develop 'Facebook' page and use Benalla Ensign Community column for community updates.

1 Refer email from Emily Simpson 11 Feb 2016 on file. See photographs of Centennial Park Labyrinth opened on 15.09.2014 achieved by Emily Simpson and friends. Associated information https://www.pinterest.com/emilyfoxground/labyrinths/

http://labyrinthlocator.com/

http://www.veriditas.org/

Rev Dr Lauren Artress's book Walking A Sacred Path

The labyrinth designer is Desiree de Klerk: [email protected]

Link to Water labyrinth in Holland

2 SEIFA disadvantage by LGA (Benalla Rural City) 2011, Benalla Well-being Report-Community Indicator

3 email to Gerard Selvon 4 November from Suzie Pearce 4 Refer Benalla Ensign 23 July, 5 August 5 We have asked Council to donate blue stone pavers and fending materials from

the Benalla stockyards when available. Their consent would allow us to incorporate them into our design brief. and value them appropriately.

6 http://investment.infrastructure.gov.au/funding/scp/ http://investment.infrastructure.gov.au/funding/communitydevelopment Contact Cathy McGowan Federal MP for INDI re funding - refer Stronger Communities Programme

7 See email from David Moore 13 January 2017 8 Details on file, Originally suggested by Gerard Selvon, David Moore investing 9 On file 10 On file 11 On file 12 On file assistance 13 On file 14 Len Griffith 0408 365126 kick boxing group and Allan Riley 0428 438273 gym

should be included 15 On file report read to Council 16 email from Suzie Pearce to Gerard Selvon expressing delighted reception of

this news from Signal Box enthusiasts. 17 Email from Larissa Montgomery said there would be a response in 28 days

(allow New Year) and that the process might take longer than expected. 18 On file 19 On file 20 On file 21 On file 22 On file 23 On file

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24 Minutes of meeting on file 25 photographs on file 26 On file 27 On file 28 15 August 2016:Visit to Cranbourne and discussion with curator See attached

photographs of gardens/building 29 Chair Australian Native Food (ANFIL) [email protected] 30 Suggest contacting Fleming nursery

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

3. Victorian Government - New Energy Jobs Fund

SF803-2 Larissa Montgomery – Environmental Sustainability Coordinator

Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report deals with the development of a funding application proposed under the Victorian Government New Energy Jobs Fund. BACKGROUND New Energy Jobs Fund In 2016 the Victorian Government announced a $20 million New Energy Jobs Fund (NEJF) as an initiative under the Future Industries Fund. The objective of the NEJF is to assist Victorian-based new energy technology projects that:

� create long-term sustainable jobs;

� drive economic development;

� promote community participation;

� increase the uptake of renewable energy generation;

� reduce greenhouse gas emissions;

� drive innovation of new energy technologies; and

� build new energy technology capability and capacity in the State.

The NEJF offers grants ranging from $20,000 to $1million and is available under four categories:

� community

� manufacturing

� technology

� energy storage.

Not-for-profit organisations, co-operatives, social enterprises and local councils are eligible to apply under the Community category. Projects under this category are able to apply for funding of up to $50,000 for feasibility studies, up to $100,000 for the development of a business case or up to $1 million for project implementation and advisory services. There is no mandatory cash contribution for projects applied for under the community category. However a co-contribution is encouraged as these applications will be viewed more favourably. Funding to support new energy technology projects will be available through three grant rounds.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

Round One closed on 16 March 2016 with over $5.8 million being awarded to 24 successful projects. Up to $6 million is available in Round Two which is currently open and closes on 1 March 2017. The Benalla Sustainable Future Group (BSFG) presented to the Council at the Planning and Development Committee on 18 May 2016. At this meeting the Group sought the Council’s support to apply for funding under the program to conduct a feasibility study to investigate renewable energy options and develop a future energy plan for Benalla to become a zero net energy town. A report was presented to the Planning and Development Committee on 15 June 2016 which outlined the proposal to support BSFG in developing an application to the New Energy Jobs Fund. From this presentation the Council resolved:

2. That the Council support the Benalla Sustainable Future Group to further scope an application to the Victorian Government New Energy Jobs Fund for the development a feasibility study and a future energy plan for Benalla which includes community-owned renewable energy options.

3. That the Council support the Benalla Sustainable Future Group to run a

process to gauge the level of interest in a community renewable energy project.

Project Scope

The overall vision is for Benalla to become a zero net energy town by reducing and balancing energy demand with a 100% renewable energy supply.

It is proposed the project follow the established four stage Z-NET Blueprint which outlines a least-cost approach:

Stage 1 – Understand the context. Identify the characteristics of Benalla and the community and existing energy use. Define current and future energy requirements. Identify opportunities.

Stage 2 – Understand all the possible options, for both reducing energy use and renewable energy sources. Investigate behind the meter community solar projects. Determine which options are feasible, viable and desirable and therefore what will work best for Benalla.

Stage 3 – Invest in energy efficiencies. Generate renewable energy on site, for example with PV panels on roofs of houses, businesses, community buildings.

Stage 4 – Generate larger scale renewable energy at appropriate nearby location(s).

Stages 1 and 2 directly translate into developing a future energy plan for Benalla, a feasibility study into community-owned renewable energy options and a business case for the preferred option(s) as proposed through this project.

Stages 3 and 4 are the implementation phases and will require applications for additional funding, possibly through round three of the New Energy Jobs Fund.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

This report provides an update on progress made towards the scoping of an application to the New Energy Jobs Fund for the development of a feasibility study and a future energy plan for Benalla which includes community-owned renewable energy options. DISCUSSION Community Forum On Tuesday 18 October 2016 the Benalla Sustainable Future Group held the Benalla’s Renewable Energy Future Community Forum at BPACC. Around 90 people attended the forum and heard from three guest speakers who had undertaken similar community projects in Victoria. The community forum was used to:

� Present the vision for Benalla to be a zero net energy town.

� Present information about Benalla’s current energy use, demand and existing solar PV installations.

� Inform the community about the concept of community energy and provide some examples.

� Provide examples of possible renewable energy projects suitable for Benalla.

� Inform the community about the intention of BSFG and the Council to apply for funding to develop a Benalla Future Energy Plan and Community Energy Feasibility Study.

� Gain an understanding of the community interest and support in the concept and any specific project ideas.

The participants broke into small groups to explore community interest, ideas and concerns towards a renewable energy project in Benalla. The full report on the forum can be found in Appendix 1. The attendance at the forum and interest expressed by the participants demonstrates a high level of community support for a renewable energy future for Benalla. Benalla Renewable Energy Working Group At the forum an invitation was extended to any participants who wanted to establish a community working group to progress with the concept. From this a working group of 10 people has been established and an initial meeting was held on 10 November 2016. The Benalla Renewable Energy Working Group used the information gathered at the community forum to develop the following overarching goals:

1. Energy efficiency and reducing energy use

2. Awareness, promotion and support for renewable energy by community

3. Future Energy Plan in place for Benalla

4. Significant increase in local renewable energy generation

5. Keeping increased financial benefits local.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

The Working Group will operate under the auspice of the BSFG and has another meeting scheduled for early January 2017 where the key actions and tasks of the group will be scoped, including further input into the development of the New Energy Jobs Fund application. The list of key goals, outcomes and actions developed by the group to date can be found in Appendix 2. It is proposed that the Benalla Sustainable Future Group provide the lead organisation for the NEJF application with the Council as the major partner organisation. The BSFG are willing to be the lead and this would provide a compelling community involvement aspect to the application. The BSFG have also had their financial statements for the past three years audited in preparation for this role. The Working Group will play a crucial role in raising the profile of the project throughout the community, developing the education and engagement components of the project and providing an ongoing mechanism for further implementation of community renewable energy projects. The Working Group have compiled an initial project scope against the New Energy Jobs Fund Assessment Criteria which will be used to draft the application. The list can be found in Appendix 3. If successful with this application, the BSFG and associated Working Group will be contributing a significant amount of in-kind time to implement the project. The details of the proposed budget and estimated in-kind contributions of all contributors to the project will be fully scoped during drafting of the NEJF application. Beyond Zero Emissions (BZE) In late December 2016, after several discussions with the BSFG, Beyond Zero Emissions (BZE) announced that it would like to work with Benalla as one of three communities across Victoria under their Zero Carbon Community Project. BZE is a not-for-profit research and education centre dependent on funding and public donations and were recently awarded a Lord Mayor’s Charitable Fund grant to work with three Victorian communities to deliver a 100% renewable energy transition strategy. In the scope of the proposed project, BZE would provide significant support to achieve much of the initial work required for Stage 1 and 2 as outlined previously including:

� Developing a baseline of emissions across energy consumption and buildings

� Two community engagement workshops

� Reports on potential for renewable technologies in the region

Whilst the details of the BZE proposal are still being finalised, this is an exciting development that will significantly add value to the overall project. It will allow the application of the NEJF to focus on development of a business case following on from the BZE project which will form the basis of the future energy plan and feasibility study.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

Triple Bottom Line Benefits The project would have considerable community benefits including:

� Economic – The project will ultimately reduce energy costs to the community and create local jobs. Most significantly, the financial benefits of such a community energy project will stay within the community.

� Environmental – The project will reduce greenhouse gas emissions and the impacts of climate change. All Councils and their communities have a responsibility to look after their natural environments. A healthy natural environment is the foundation of a healthy society and a productive and sustainable economy.

� Social – Councils are seen as leaders in regional societies and play an important role in providing leadership to their communities especially in behaviour change and adoption of new technologies. The project will build community participation and empowerment by offering the chance to make a significant collective contribution to reducing climate change.

Energy Efficiency Efficient use of energy can reduce demand, reduce environmental impacts and deliver financial benefits for households and businesses. The projects outlined above should consider including a component of energy efficiency education and incentives if possible. The Council’s 2015/16 spending across the organisation on energy was approximately $446,023 with $361,313 (81%) of that being for electricity. COUNCIL PLAN 2013-2017 IMPLICATIONS Our Economy

� We will support, promote and encourage the long-term growth, diversification and strengthening of our economy as a key contributor to a healthier and more sustainable community.

Our Natural Environment

� Within our community our organisation is recognised as an environmental leader.

� Support and implement an ongoing collaborative approach to exploring alternative energies to increase the community’s resilience to future energy changes.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

ENVIRONMENT STRATEGY 2016-2020 IMPLICATIONS Acting to mitigate climate emissions and adapt to climate change impacts

� Council and community are reducing their greenhouse gas emissions and resource use.

� Council is a leader to the community in ways to reduce greenhouse gas emissions and reduce consumption.

� Council understands how the community is vulnerable to predicted changes in climate and acts to reduce vulnerabilities and build community resilience.

CLIMATE CHANGE ADAPTATION ACTION PLAN IMPLICATIONS

The community and the Council are less reliant on fossil fuels � Council promotes energy efficiency with households and businesses.

� Undertake a feasibility study to assess alternative energy options for the Benalla community and identify actions for Council to undertake.

FINANCIAL IMPLICATIONS Officer time will continue to be required to liaise with the Benalla Renewable Energy Working Group to develop a thorough funding application by 1 March 2017. This is estimated to be 5 hours per week until the closing date for the application. Ongoing officer time and Council support (for example community engagement, publicity, meeting space etc) is likely to be required to implement the project. It is also proposed that Council officers provide ongoing administrative support to the working group. The ongoing support required by Council officers is likely to be approximately four hours per week for the duration of the project. If supportive of the NEJF application, the Council is requested to consider a financial co-contribution to illustrate commitment to the project and increase the likelihood of success. Given the over-subscription of Round 1 and as a base line ratio for this type of funding based on previous experience of successful applications, a Council contribution of $20,000 would be beneficial to increase the likelihood of success. CONCLUSION The project provides a timely opportunity to further articulate the Council’s adopted priorities on reducing resource use and greenhouse gas emissions. It will provide leadership to the community, building participation, empowerment and increased resilience to future energy changes. The current timing has the added benefit of the Beyond Zero Emissions significant contribution to achieve much of the initial work required, allowing the application to focus on the development of a business case. The project would be the initial step towards a much larger project, providing the necessary information and engagement to identify opportunities available to invest in

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

renewable energy and energy efficiency to deliver significant reductions in operating costs to both the Council and the community. The project will also provide for increased jobs and economic return to the community.

Recommendation: 1. That the Council partner with the Benalla Sustainable Future Group in

submitting an application to the Victorian Government New Energy Jobs Fund Round 2.

2. That the Council make an allocation towards the project of $20,000 in the

2017/18 Budget, to be funded in the event that the application is successful.

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Benalla Renewable

Energy future

project Community Forum outcomes report

PCB Consulting PTY LTD

October 2016

Appendix 1

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Table of Contents

Introduction ............................................................................................................................................ 2

The Forum ............................................................................................................................................... 2

The Discussion Outputs........................................................................................................................... 3

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Introduction The Benalla Sustainable Future Group was established in 2010 by local residents who were concerned about the issue of sustainability and the lack of action on climate change both locally and nationally.

The primary purpose of the Benalla Sustainable Future Group is to protect and enhance the natural and built environment by promoting sustainable living practices and development within the Benalla region so that the needs of the present can be met without compromising the resources available to future generations.

Benalla Sustainable Future Group works through a range of action groups including sustainable building design, education, energy, plastic, the Benalla food cooperative, and sustainable gardens and farms.

The group has been very active in the Energy area with a number of campaigns encouraging local residents to reduce their energy usage and install solar panels.

On Tuesday 18th of October, 2016, the group worked with the Benalla council to host a community forum to explore the potential for a renewable energy future for Benalla. The specific objectives of the forum were to :

• To develop a shared understanding about Benalla’s current energy use, and to share thevision for Benalla to be a zero net energy town.

• Inform the community that the council and BSFG will apply for funding to conduct afeasibility study of renewable energy options for Benalla and to develop a Benalla FutureEnergy Plan

• To develop a shared understanding of the concept of community owned renewableenergy generation.

• Provide examples of possible renewable energy projects suitable for Benalla.• To explore community interest and support in the concept and to seek community

involvement in progressing this concept further.

The Renewable Energy Forum was held at BPACC with around 90 people attending, mostly from Benalla and a few from surrounding towns in the NE. The forum was facilitated by Cath Botta from PCB Consulting, Benalla. This report documents the key outcomes from the workshop.

The Forum The forum was officially opened by Steph Ryan, Deputy Leader of the Nationals and Member of the Legislative Assembly seat of Euroa. BSFG President John Llloyd provided an overview of the current energy situation in Benalla. Some of his key points included:

• Around 18.6% of houses in Benalla have solar installed

• Council have installed solar on some council owned buildings

• Benalla Health has solar panels installed

• A number of the schools have solar panels installed

• A number of commercial business properties have installed solar and there are furtherplans for other businesses to install solar

• Benalla’s daily electricity demand is currently – approx. 14MW

The forum then heard from the invited guest speakers:

Taryn Lane -Embark and advisor to Coalition for Community Energy Mathew Charles –Jones - Totally Renewable Yackandandah and Gaven Ashely - Moreland Energy Foundation.

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The common theme from all speakers was the transition pathway to a renewable energy future was first working with the community to focus on using less energy, renewable energy installations at a property level, and then by evaluating community renewable energy generation options in the region.

After some small group discussions John Lloyd concluded the forum with an invitation to community members to get involved in the next steps in the Benalla Renewable Energy project:

• Establish a Community Working Party to work with Council and BSFG.• Complete a Funding Application for the New Energy Jobs Fund – early 2017. The Funding

would be to conduct a feasibility study of renewable energy options for Benalla and todevelop a Future Energy Plan for Benalla.

The Discussion Outputs Participants at the forum were asked to form a small group and discuss 3 key questions:

• What do you see as the key opportunities for Benalla to explore a renewable energy project?• What do you see as the key challenges/concerns of exploring a renewable energy project for

Benalla?

• What options/ideas or key factors/elements should be considered in the future energy plan

and the feasibility study for Benalla?

The responses to those questions were recorded by each group and are documented in the table below.

• What do you see as the keyopportunities for Benalla to explore arenewable energy project?

• What do you see as the keychallenges/concerns of exploring arenewable energy project for Benalla?

Range of Potential Energy Sources

• Landfill – capture methane

• Agricultural bi products eg straw, feedlots that

generate methane

• Benalla is well placed for solar

• Waste to energy projects – rather than landfill

• Biofuels – rejig the tip for this

• Power generated from green waste

• Opportunities for bioenergy – crops for

production of bioethanol and waste can

produce methane

• Potential for Hydro energy

Working with Larger industries and businesses

• Behind the meter for large industries, schools,

pool, Schnieder and Hendersons

• Encourage the larger industries to invest in solar

eg Hendersons

• Enabling systems for businesses to establish

community power – have a menu of

opportunities

• Look at all businesses in town with roof space

for panels

Working with individual households

• Encourage more households to install solar on

roofs and retrofit existing homes

Technology Development

• Batteries are becoming more economical but

may be much better in 3 – 4 years time

• The environmental impact of used batteries

• Concerns about the recycling of electronic

goods – analysis of the life cycle of the product

• A really good storage system needs to be found

– we need to be manage demand

Politics

• Frustrated with the slow pace of Politics

Funding

• Initial funding for the project

• Where does this capital come from?

Gaining support

• Gaining community and council support

• Educating the community

• Community awareness and engagement in the

project

• Motivating community members – can it

happen in a larger town?

• Needs strong leadership from local council

• Getting a different generation to understand

the importance

• Selling it to the community – need to focus on

“whats in it for me”?

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• Managing energy use – lights, insulation for

existing homes and businesses must continue

• Lots of preference for behind the meter

projects

• Bulk buying of equipment and installation on

homes

Working with Council

• Planning controls should reinforce homes

should face north, eaves on houses

• Community buildings should be power

generating

• Council fleet cars should be electric

• Town to include recharge stations for electric

cars

• Work towards all council facilities having solar

panels on roof

Funding options

• Funds established to support community energy

projects – payback loans thru a revolving fund

• Create capital funds through “buy in” of a

product for the future eg trees – long term or

crowd funding

• Bulk batteries – community purchase

• Possibility of tax deductibility for community

involvement

• Perpetual energy fund – loans at no interest

• Crowd funding

• Specific fundraising events

Community Energy Generation

• Form a company to generate and distribute

energy eg cooperative

• Use the land on the side of the freeways

• Large solar farm near wetlands

• Work with the smaller towns first eg Tatong to

create solar power for footy oval

• Explore option of land for solar with Thales

Choosing the right energy source for Benalla

• Not enough wind in Benalla

• Wind not considered viable

• Solar farm – land costs a factor

Ensuring Social equity

• How can low income people invest – could this

be offset with something eg solar savers?

System set up and operation

• Service provider limitations to system capacity

• No opportunity to sell power at peak times

• No opportunity to sell power locally at lower

than market price

What options/ideas or key factors/elements should be considered in the future energy plan and the

feasibility study for Benalla?

• Alternatives to linking to the grid should be investigated

• Feasibility study should look at all energy options

o Wind – hill top locations with regular wind

o Solar

o Water/hydro – could provide base load power; Talk to NE Water; Nillahcoote

o Geo thermal

• Funding options for Community Energy Generation

• Governance options – roles, responsibilities, accountabilities eg with community energy

supply who is responsible for infrastructure maintenance eg trees over powerlines?

• Determine what Benalla’s energy use is - Get up to date data from the smart meters in

Benalla

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• Need to include a mix of short term, medium and long term options

• Investigate opportunities to purchase/distribute panels and infrastructure – on sell energy

for profits to underwrite local power usage

• Socially equitable – “power for all the people”

• Program to support landlords to provide systems on rental properties for individual and

community energy use

• Need to weigh up individual systems vs a community system

• Work with Ausnet services – issues of distribution within Benalla

• Weigh up buying in/ importing renewable energy vs generation

• Need to match delivery options with the size of energy consumption

• Is it cost effective to have a solar farm?

• Potential benefits –eg benefit to new businesses to locate here if we can offer 100%

renewable energy status

• Needs to include Case Studies and Models of Community Energy projects – from Denmark

and Europe

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Benalla’s Renewable Energy Working Group

Key Goals, Outcomes and Actions

Key objectives/goals Outcomes Key Actions and Tasks

Improve energy efficiency and

reduce energy use in Benalla

• Reduce amount of energy being

imported into Benalla by 25%

• Energy efficient housing -

upgrades to insulation and

lighting

• Design and promote energy efficiency

program audits, connect with community

(street by street)

• Data collection for feedback to DHS – energy

efficiency audits on social housing

• Collect data on current energy use in Benalla

Promote awareness and

support for Renewable energy

by the Benalla Community and

Council

• Council is active in having PV in

all their buildings and

encouraging the public to desire

Renewable Energy

• The community is aware, very

supportive and positive about

renewable energy and a Benalla

with a zero net energy future

• The community has shown their

interest in living in a sustainable

environment

• Encourage council to continue to install PV on

all Council buildings

• Raise the level of interest in Renewable energy

• Research on why people have/have not got PV

– results of this will inform the basis for

promotion

Develop a Future Energy Plan

for Benalla

• Future Energy plan for Benalla in

place

• Benalla becomes a zero net

energy town

• Develop and submit submission to NEJF for

funds to develop a feasibility study on

Renewable Energy options for Benalla

• Findings of feasibility study used to develop a

future energy plan for Benalla

Significant increase in local

renewable energy generation

in Benalla

• 40% of local power locally

generated renewably (mix of

domestic, community and

industry

• 75% of the town supplying the

needs whole Benalla Rural city

power needs and selling the

remainder back to the grid –

reducing rates

• Conduct a study of the available commercial/

industrial buildings suitable for large scale

solar

Increase and keep the financial

benefits of renewable energy

generation locally

• Cheaper retail electricity for all –

especially for those who can't

afford capital outlay

• Promote large businesses for

Benalla through cheaper running

costs

• Create partnerships and support from larger

businesses

• Review of what the energy needs are of

current industries

• Review ways that bring other industries that

complement existing industries into area

• Develop examples and case studies of the

different Options and costs for people/

industry to consider

Working group is active and

achieving goals

• Develop a name/brand for our group

• Invite AusNet to one of our meetings –

invaluable data and knowledge

• Get the experience of other towns who have

either achieved or on the way to achieving the

goals we want to achieve

• Determine the costs of the different goals for

Renewable Energy

Appendix 2

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New Energy Jobs Fund – Round 2

Closes: Wed 1 March, 2pm

$20,000 - $50,000 for feasibility study and $100,000 for business case.

Projects must be complete by 30 June 2020

Cash investment is encouraged

Objectives:

• Create long term sustainable jobs

• Drive economic development

• Promote community participation

• Increase the uptake of renewable energy generation

• Reduce the greenhouse gas emissions

• Drive innovation of new energy technologies

• Build new energy technology capability and capacity in the State

Community Stream – Community Feasibility Studies / Business Case

• Support both the development of renewable energy project business cases and feasibility studies• Applicants will need to demonstrate project readiness for either feasibility study or business case development via the application process

- BSFG established group (successful Sustainable Housing Forums, Bulk Food Co-op, guest speakers, newsletter)- Support of Council (ES, CCAAP, GBGA projects, Hume Business Champions, current PV installs on Council buildings)- Forum – 90 attended- Working group established - ? meetings held and action plan developed, actions to implement regardless of success of application- Current installs in Benalla & previous projects- Business support

• Projects should assist community groups to take positive steps towards delivering social, environmental, economic and technological benefits andsustainable outcomes to their local communities

• Community based projects funded for business case development (from this or other government programs) will be eligible to apply for projectimplementation fudding in subsequent years.

Note: Community renewable energy projects – eligible projects may include physical projects, implementation of innovative business and finance models andprojects which address clearly defined skills games in the community renewable sector. Applicants will be required to demonstrate that majority of the projectbenefits are community or public benefits.

Appendix 3

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Assessment Criteria:

1. The project (30%)1.1. Merit, validity and readiness of the Project

Describe the project and its objectives• Beyond Zero Emissions will complete initial phase of the project including:

• A baseline report on the current stationary energy use• Two community workshops• A 10 year 100% renewable transition strategy

• Benalla Renewable Energy Future Plan• Community Renewable Energy Business Case; governance structure, financial model, framework,

how to benefit low income households, behind the meter options, feasibility of renewable energyoptions (Solar, bioenergy, hydro, geothermal, wind not considered feasible), battery storage

• Community involvement / consultation (before and after)• Achieve lower energy costs for business, attract businesses to Benalla• Community education / demonstration site/hub?• Bulk buy opportunities• Energy efficiency element incorporated (will be worked on by the working group regardless)• Solar PV for low income households and renters (& energy efficiencies), “Power for all the people”• Where Council may be able to influence better subdivision and building standards

Why is this project needed? • Reduce carbon emissions and impacts on climate change• Affordable clean energy for all, benefits to community• Attract business to Benalla

Describe the technologies / models thatwill be used in the project and evidencethat they are commercially unique

• Z-Net approach, provide outline• Partnership with BZE; provide baseline emissions, two workshops, reports on potential renewable

options

How is the project or the technologiesproposed innovative or unique? (Note: forcommunity projects innovation may referto innovation at a community level)

• Previous Solar PV projects – but no community owned energy, feasibility study, whole of communityenergy efficiency project (i.e. Z-net approach)

Describe the extent to which the projectsite has been selected and accesssecured

• N/A but could list possible suitable sites & businesses already identified• Solar PV - Airport, landfill, TAFE, larger businesses (Thales, Hendersons, Schneider etc), Winton

Wetlands• Bioenergy - Landfill, agricultural bi-products• Micro-hydro - Creeks, rivers, NE Water, GM Water• Geothermal?

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Will a Connection Agreement with anelectricity network provider be requiredand if so, what is the progress of anydiscussions / agreements regarding gridconnection to date?

• Need to start discussions with Ausnet

Based on work done towards the projectto date, describe why the project is readyfor either feasibility study, business caseor project implementation funding.

• History of how we have got to this point - Working group of BSFG, presentation to Council, CouncilReport where Council endorsed support of project, Community Energy Forum (90 attendees), WorkingGroup formed, meetings to date, Action Plan, brand / logo

• Data on Benalla – current installs on both households, community buildings and businesses• Previous projects; Sustainable Housing Forums, Watts Working Better Streetlight, Resilient

Community Facilities, upcoming GBGA EV fleet feasibility study, EV recharge station (upcominginstall)

• Council Plan, Council Environment Strategy and Climate Change Adaptation Action Plan – relevantactions

• Consultation with Waminda and other social services? Corina proposal – awaiting feedback.

1.2. Key risks and challenges for the Project

Risk template to be completed.

Risks may relate to: Regulations, potentialcosts to the applicant of constraints in thepower system affecting the connectionagreement, key structural or marketchallenges/barriers, emissions, issuesrelating to the cost competiveness of theproposal, issues of concern to thecommunity, governance, governmentapprovals, access to IP, personnelrecruitment, equipment ordering anddelivery

Attached (separate document)

• Issues of concern to the community (address those highlighted from community forum)• Lack of community support, potential opposition• Distributer and regulatory limitations; Connection agreements, feed-in tariffs, locally generated

electricity being able to be supplied to local community• Project runs over time and budget• Project governance fails – establish a project control group with partner representation, working group• Feasibility study not detailed enough – ensure thorough brief / specifications developed (start now –

have established ready if successful)• Project partners and participants withdraw during project• Inability to secure sites for community energy projects

1.3. Evidence of community acceptance / support for the Project Describe how the Project has or willobtain relevant community support

• Have gained formal support of Council, partner (attached relevant minutes)• Community Energy Forum attended by 90 people – Forum Report as an attachment• Media to date• Day in the Gardens stall

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• Working Group Action Plan and relevant actions proceeding with including brand/logo forrecognition and consistency

• Other ideas to work on to gain support:• Further stalls at markets, down the street, weekly info table• Media and communication plan – be inclusive and generate community ownership (individuals,

community groups, schools, business), focus on what’s in it for me, continue to keep thecommunity informed, promotion of benefits, have options to assist low socio-economicdemographic

• Ltrs of support; Winton Wetlands, Hendersons, Schneiders, Thales, BBN, Hume BusinessChampions, NE Water, GM Water, community groups (Rotary etc), Tomorrow Today, CathyMcGowan

1.4. Appropriateness of the proposed budget, the amount of funding sought from Government and its leverage compared to other sources of Project funding

Describe the expected Project fundingsources (including grants), the statusof any financing agreements andleverage of Government fundingcompared to other sources of Projectfunding

• BSFG, financial and in-kind support (meeting rooms etc)• Council• BZE(?)• Corporate (?)

Project cash flow template Attached (separate document)

1.5. The project delivery strategy and timeline is well articulated, sensible and realistic What is the project commencementdate

• Dependent on timeline with BZE

What is the project finish date • ?? In time to apply for Round 3How will the project be delivered?Key milestonesDeliverablesAssociated timelinesGovernance arrangements*Project Delivery Schedule Template*Key tasks

Attached (separate document)

Key deliverables:

2. The Capability and Capacity of the Applicant and Participants (30%)2.1. Track record demonstrating the necessary experience and capability of the Applicant, Participants and key personnel to deliver the Project and

achieve its objectives.

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What are the roles of the ProjectParticipants and who are the keypersonnel for the Project and why?

• Please list any relevant skills you have which may assist in delivering the projectSolar design and install, market research, marketing, management, consultancy, communityengagement and facilitation, business….

List the previous projects in this fieldsdelivered by the project team and theiroutcomes.

• Previous projects BSFG & Council; Sustainable Housing Forums, Watts Working Better Streetlight,Resilient Community Facilities, upcoming GBGA EV fleet feasibility study, EV recharge station(upcoming install)

Three years of financial reports

3. The Benefits of the Project (40%)3.1. The Project’s benefits to Victoria and the local community

What are the economic benefits toVictoria and the local community of thisproject

• Significant employment opportunities during implementation phase (installs, energy efficiencies)• Ongoing local employment – further installs, maintenance• Attracting business• Training opportunities• Community fund? to reinvest back into community• Households reduced financial burden (including low income) from energy costs (and continued

price rises), increasing disposable income in the community.• Learnings and expertise can be shared with other Victorian communities to enable them to

achieve the same

Does this project create any new jobs?

How many direct long-term jobs will thisproject have created by the Projectcompletion date?

Note: for business case / feasibilitystudies this would be the number of jobsthat would be created if the project beinginvestigated was implemented. Does notrelate to short-term roles or consultants toundertake the business case/feasibilitystudy.

• Significant employment opportunities during implementation phase (installs, energy efficiencies)• Ongoing local employment – further installs, maintenance

How many in-direct jobs (created by otherbusinesses due to the economic growth ofyour project) does this Project create?

• Attracting business• Increased disposable income in community

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What are the social and environmentalbenefits to Victoria and the localcommunity of this project?

How does it provide adequate socialreturn to the community? How does itcomplement other investments and /orother government policy objectives? Howthe project contributes to the overallreduction in greenhouse gas emissionsintensity and positions Victoria for a lowemission future?

• ?? reduction in carbon emissions• Reduced financial pressure within the community, especially low income families• Increased community connectedness• Healthy community• Benalla being 100% renewable in the future = Benalla being a sustainable, vibrant, healthy,

productive, liveable community that attracts investment, new residents and tourists.• Increased comfort and health, during increased heat waves etc, elderly, young

3.2. The knowledge sharing strategy

What is the Project’s knowledge sharingstrategy?

How the data, information and lessonslearned from the Project will be collected,stored, analysed and disseminated so thatis reaches the target audience.

The extent to which and what of theabove will be made publicly available.

Any constraints which may prevent theapplicant from sharing knowledge andinformation, such as IP protectionprocesses and rights of any third parties

• Brand / logo• Website – BSFG• Facebook• Council column, newsletters, link from web, social media, BBN• Local media (Ensign, radio)• BZE use of info• Networks (BSFG and Council) – NERSA, GBGA, Hume Business Champions, other Council

networks (CEO, eco dev, community development etc).• Community Groups (presentations, inform)

• Make as much information available as possible (will just remove any sensitive information such asfinancial etc)

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

4. Relocated Housing - Trewin Estate, Benalla E150

Nilesh Singh – Manager Development Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report outlines urban design controls that currently exist within the Benalla Planning Scheme and Building Act 1993 as well as measures that can be incorporated into the Benalla Planning Scheme to protect existing or preferred neighbourhood amenity. BACKGROUND The request for investigation into this issue was prompted by Community representation to Council on a permit to place a relocated dwelling on land in Alexander Gray Lane, Benalla. Residents of the area are concerned that this dwelling will have a negative impact on the visual amenity of the street, thereby reducing the value of dwellings already constructed in the area. DISCUSSION A number of options to response to such development have been identified. Neighbourhood Character Neighbourhood character is shaped by the combination of development in the public and private realms. Every property, public space or piece of infrastructure makes a contribution to the perception of an area, whether great or small. It is the cumulative impact of these contributions that establishes neighbourhood character. Respecting neighbourhood character does not mean preventing change. In simple terms, respect for the character of a neighbourhood means that development should be designed in response to its context. Depending on the neighbourhood, there are two broad approaches to respecting character:

� respecting the bulk and form of surrounding development; and

� respecting the architectural style of surrounding development. In the first instance development blends/compliments the existing view through retaining the scale of the area; a three-storey building covering much of an allotment is unlikely to blend in a location where single-storey development within large garden settings is prevalent. In the second scenario new development may be effectively inserted into an established area without replicating the relevant period of architecture through sharing design elements such as roof pitch, window/wall placement and/or use of compatible colours and materials.

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Agenda – Planning and Development Committee 25 January 2017

Respecting neighbourhood character does not mean mimicking or pattern book design, or limiting the scope of design interpretation and innovation. Instead, it means designing the development in response to the features and characteristics that are identified as being the key elements in the neighbourhood. Existing Provisions The area of Trewin Street in Benalla, like all other residential areas is located within a General Residential Zone. The subject area does not contain any overlays. A planning permit is not required for a single residential dwelling in a General Residential Zone if the lot area is in excess of 300m². The lot in question on Alexander Gray Lane does not require a planning permit to construct a dwelling as the lot size is 471m². A building permit is required to construct a dwelling. The main purpose of the Building Act 1993 in relation to building work is to regulate the standard of the work, with the objective of ensuring the safety and health of people who use buildings and enhancing the amenity of buildings. The standards of construction are regulated to ensure that the minimum standard is met. Higher than the minimum cannot be required under the Building Act. Section 24(2) of the Act prohibits the relevant building surveyor from imposing lesser or greater standards than those prescribed. In this instance the building permit has been assessed and meets the minimum standards of the Building regulations. A building permit has been issued for the dwelling and the building of the dwelling can proceed without hindrance. There is no provision under the Building Act to withdraw or cancel a permit on the grounds raised by complainants. Planning Scheme Provisions – Urban Design/Neighbourhood Character General Residential Zone Currently a planning permit is not required for a single dwelling within a General Residential Zone on a lot in excess of 300m². It is possible through a planning scheme amendment to change this requirement to a minimum lot area of 500m². If this were to occur a dwelling on a lot of less than 500m² would require a planning permit and would be subject to the neighbourhood character provisions to Clause 54 of the Benalla Planning Scheme. The site in question at Alexander Gray Lane has a lot size of less than 500m² and would then have required a planning permit if the provisions were changed. The planning permit would take into account design characteristics and neighbourhood character. However, it may take up to a year to have the planning scheme amended and the amendment would not be enforceable upon this development which has already been approved. Design and Development Overlay (DDO) The DDO is applied to promote specific urban design outcomes for a particular site or area. The DDO is not a tool for dealing with residential character. An example of this is the DDO that is applied to the area surrounding the Lake Benalla Environs. Amendment C13 implemented the Lake Benalla Environs Study, August 2007 into

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

the Benalla Planning Scheme on 31 March 2011. The amendment also applied a DDO which in essence controlled development within the overlay area so that it does not have a significant visual impact to the Lake Benalla Environs. Neighbourhood Character Overlay (NCO) The NCO if applied to an area would require most buildings and works to obtain planning permission. The objectives of the NCO are as follows:

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

� To identify areas of existing or preferred neighbourhood character.

� To ensure that development respects the neighbourhood character.

� To prevent, where necessary, the removal of buildings and vegetation before the neighbourhood character features of the site and the new development have been evaluated.

The Victorian Planning Provisions Practice Note outlines that the NCO can be used when the following criteria can be met:

� the proposed area exhibits specific characteristics that need to be protected or changed to achieve a preferred character

� the area, relative to the rest of the municipality, requires a specific approach to neighbourhood character

� the application of local policy, the standard provisions of Clause 54 and Clause 55 or the residential schedule will not satisfy the neighbourhood character objectives identified in the local planning policy framework (LPPF) for that particular area

� a rigorous character study has been undertaken that accurately shows the physical aspects of character in the area that need to be translated into the provisions of the NCO

� The proposal is supported by appropriate community consultation.

In order to apply an NCO over an area of land a rigorous character study must be undertaken by a specialist consultant; usually an architect, urban designer or heritage architect. Generally this study would include all of the areas zoned General Residential within the Benalla Town area. There are many areas within the Benalla Township that exhibit different neighbourhood characteristics. As a result the neighbourhood character study would normally divide the Town area into precincts which are characterised with similar attributes. For example the area within Mitchell Street, Benalla has different residential and streetscape characteristics to that of the newly formed estates in Cowan Street and would therefore form part of a different character precinct.

The different precincts within the character study will then have their existing neighbourhood character defined and a preferred neighbourhood character outlined. Once the Neighbourhood Character Study is completed it is best practice to exhibit the document to all affected properties within the General Residential Zone. Any comments received can then be taken into account prior to finalising the document.

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Agenda – Planning and Development Committee 25 January 2017

A NCO will arise from the findings of the Neighbourhood Character Study. It is only the areas in the precincts/areas that exhibit specific characteristics that need to be protected or changed to achieve a preferred character that would be considered for the NCO. Once these areas are identified the planning scheme amendment process can commence.

Alternative approaches There are no provisions within the Benalla Planning Scheme or the Building Act which can stop or postpone the development at Alexander Gray Lane from occurring on the land. Even in the event that an overlay is applied to the site or area in future, these overlays cannot be retrospectively applied and cannot prevent the development from occurring in the interim.

The developer of the site at Alexander Gray Lane has undertaken development in the Benalla area in the past. The developments generally involve moving relocatable dwellings to a site and recladding them in either brick or weatherboard materials based on the context of the surrounding area.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

For example a unit development in Roe Street has been constructed from relocatable dwellings and reclad in weatherboard. The surrounding area contains an eclectic mixture of brick, fibro cement and weatherboard dwellings. It is considered that this development blends in well with the existing streetscape character.

(left) 39 Roe Street (subject site), (right) 41 Roe Street (adjoining property)

South Side of Roe Street – 44 Roe Street (left), 42 Roe Street (right)

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Agenda – Planning and Development Committee 25 January 2017

In addition, a further two dwellings have been developed in Four Mile Road, Benalla. These relocatable dwellings have been reclad in brick and complement the existing style of new residential dwellings in the surrounding area. The urban design of the dwellings is also considered to be of a standard that does not detract from the streetscape.

18 Four Mile Road – Relocated Dwelling

20 Four Mile Road – Relocated Dwelling

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

The properties in George Say Court depicted in the two photos below represent the nearest housing to the Four Mile Road relocated houses built by other developers.

1 George Say Court, Benalla – East of Relocated dwellings

2 and 4 George Say Court, Benalla – East of relocated dwellings

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

Taking this into account it is considered that the relocated dwelling to be placed at Alexander Gray Lane may be of a design that may contribute to the existing streetscape as it will be rendered in part to be in keeping the neighbourhood character of the surrounding area.

There are measures that can be undertaken by the Council to have a greater input into urban design and neighbourhood character issues. The implications of implementing such measures are as follows:

By increasing the lot size for which a single dwelling requires a planning permit from 300m² to 500m² will not achieve a lot in Benalla. The reason behind this is that the average lot size in Benalla ranges from 600m² to 1,000m². Meaning a majority of dwellings will still not require planning approval as the lot size is still in excess of the minimum. In addition, the change to the zone provisions would require a planning scheme amendment which will take up to 12 months to process and will cost approximately $10,000 to $20,000 to process. It is considered that this option will not have the desired outcome and will not be cost effective.

The Design and Development Overlay is generally applied to areas of specific importance to protect the amenity of a specific area, for example the Lake Benalla Environs. The Benalla Planning Scheme also has a DDO covering areas within the Benalla Airport Flightpath. This overlay reduces the height of buildings to protect the flight path of the Airport. It is considered that this overlay is not an appropriate tool to apply to the Trewin Street Estate area or other newly developing areas which have no discernible features to protect from inappropriate development compared to other residential areas in the Benalla Township.

The most comprehensive way of strengthening neighbourhood character and urban design controls within the planning scheme is to undertake a neighbourhood character study which in turn can recommend areas that are suitable for a NCO. The issue with the NCO is that it can only be applied to areas the exhibit specific characteristics that need to be protected. For example, the neighbourhood character study may specifically outline a precinct around McConnan Street, Benalla which has its own specific characteristic of native tree lined streets for a NCO. However a relatively new estate which shows similar characteristics to other newly developed areas in the area would not stand out as requiring a specific NCO. ALTERNATIVE MECHANISMS As an alternative to planning scheme controls the Council could encourage local developers to put civil covenants on the land at the time of sale to control the quality of new development. Subdivisions in adjoining municipalities specify a minimum floor area, cladding of homes, limit the use of relocated homes, control shedding and specify other uses that are not acceptable. Under such arrangements the development of relocated homes would be less likely to occur.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

COUNCIL PLAN 2013-2017 IMPLICATIONS Places and Spaces � Land uses in urban and rural areas are well planned and appropriate development

is managed to meet community needs and to maintain and enhance high amenity and character of our Rural City.

STATUTORY IMPLICATIONS Implementation of any of the measures outlined above would require an amendment to the planning scheme. The amendments would be required to be exhibited to all affected properties and it is envisaged that submissions will be received to the amendment. In the instance where submissions are received the Council would have to present its position to an independent Panel. Any changes recommended by the Panel would then be incorporated into the amendment prior to approval. It is envisaged that a planning scheme amendment would take in the order of one to two years to complete. This estimate is based on 6-8 months to procure and prepare the study and up to 3-12 months to review submissions, hold a Panel and finalise the amendment. It has been known for a neighbourhood character study and the amendment process to take up to five years to complete as such amendments are highly controversial and create barriers for owners and occupiers of land. In the case that a Neighbourhood Character Overlay is sought, a neighbourhood character study would first need to be commissioned prior to proceeding with a planning scheme amendment. CONCLUSION A high level of urban design and what constitutes neighbourhood character can all be in the eye of the beholder. Some people have different architectural tastes to others. In the first instance it is considered possible for a relocatable dwelling to be constructed on the land that is in keeping with the existing neighbourhood character. Previous examples from the developer of the land have shown that the developments are of a standard that is in keeping with the character of the surrounding area. The implementation of any overlays or changes to the Benalla Planning Scheme regarding urban design and neighbourhood character will not result in the desired outcome of having greater control of urban design in the areas of interest to the complainants. In addition, any controls that may be applied cannot be applied retrospectively and cannot stop or postpone the development at Alexander Gray Lane from occurring on the land. Applying such overlays may give Council greater control over the urban design and neighbourhood character of development in certain areas of the Township, however this will come at a cost which has not been budgeted for in the forward estimates.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

FINANCIAL IMPLICATIONS In the case that a neighbourhood character study is implemented it is envisaged that the cost of the study and associated amendment could equate to at least $250,000. At this stage this has not been budgeted for in the forward budgeting cycle. The planning unit currently has a budget for 2.5 EFT including a planning coordinator, part time planning officer and a full time administration officer. These positions currently cater for statutory planning, subdivisions and enforcement and when time permits some strategic planning projects. It is considered that additional overlays will lead to additional statutory workload which could increase the need for another 0.5 EFT to the planning unit cost. This may equate to a further $60,000 per year. Recommendation: 1. That the Council issue written advice to residents in the Trewin Estate

to the effect that:

a. The Council has no jurisdiction to stop or postpone the construction of the dwelling at Alexander Gray Lane.

b. Any future amendments to the planning scheme cannot be retrospectively put in place to stop development of the land at Alexander Gray Lane.

c. Future amendments can be put in place to control development of other land, however, these amendments will require additional resources and may not achieve the desired outcome of the residents.

2. That the Council encourage local developers and real estate agents to

establish design guidelines for new residential lots.

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

5. Planning Scheme Breach - 292 Terrett Road, Goomalibee – EnforcementProceedings

DA4938/2 Nilesh Singh – Manager Development

Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report recommends enforcement action be taken in relation to a contractor’s depot which is allegedly operating at 292 Terrett Road, Goomalibee without a planning permit.

BACKGROUND

Site Address 292 Terrett Road, Goomalibee

Existing Permitted Use Agriculture

Alleged Use Contractor’s Depot*

Owners Mr and Mrs Sloan

Zone Farming Zone & Public Park and Recreation Zone (in part)

Overlays Rural Floodway Overlay (in part)

*Note: This use has previously been determined by VCAT for this business for thislandholder at another site. (Refer: Sloan v Benalla RC [2006] VCAT 2597 (13 December2006))

Inspections of the property were carried out by Council officers following complaints from a neighbor in relation to unsightliness of the property at 292 Terrett Road due to a large number of trucks and machinery.

The initial inspection was made in September 2015. From that inspection it was concluded that the vehicles and farm machinery on-site could be classified as being in three categories.

(a) trucks and farm machinery (including associated spare parts) that are directlyrelated to the operation of the farm. These items are considered to form part ofthe use of the land as a farm and consequently do not require a permit.

(b) trucks and spare parts owned by the landholder’s son that are in the process ofbeing restored. As the son also lives on the property, these trucks areconsidered to be related to a hobby which is considered to be a use normal to adwelling. Again no permit is required for this use.

(c) several trucks which are used as part of a hay carting business. As these arerelated to a use not carried out on the land, the storage of these vehicles isconsidered to constitute a contractor’s depot. A contractor’s depot is a use thatrequires a permit in the Farming Zone.

As a result of the inspection the property owner was requested to make application for a permit for a contractor’s depot within 28 days.

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Agenda – Planning and Development Committee 25 January 2017

As part of correspondence between the owners of the property and Council officers in which the owners claimed the hay carting trucks were part of the farming business and therefore did not require a permit. The need for a permit if the use was operating from the site was reinforced to the owners. After extensive written exchanges, as shown in the following table, no application was forthcoming. Date From To Subject 16.9.15 Council Owners Request planning permit in 28 days for

contractors deport and remove old house as per planning permit condition within 2 months

14.10.15 Owners Council Advise trucks and trailers (2 of each) are for family business – seasonal use for hay and general use across other properties owned

26.10.15 Council Owners Reiterate advice of 16.9.15 and note letter does not advise on house removal

30.10.15 Owners Council Apply to retain house as ‘outbuilding’ 30.11.15 Council Owners Permit issued to retain house 12.1.16 Council Owners Allowed further 28 days for application for

contractors yards 20.1.16 Owners Council Advised change to store vehicle offsite for

contract use and on-site when used on farm 27.1.16 Council Owners Seek advice on where ‘other sites’ are to

establish if these trigger permits 15.2.16 Owners Council Advised no static location – stored on

contracted premises 18.2.16 Council Owners Notice to inspect property on 24.2.16 23.3.16 Council Owners Inspection done and noted no habitation of

house. Given two months to remove any vehicle or materials not associated with agriculture and consolidate storage area

9.8.16 Council Complainant Pursuing investigations and complainant can pursue at VCAT if desired

16.9.16 Complainant Council Information on extent of vehicles provided 20.10.16 Council Complainant Respond to advice and update 25.10.16 Council Owners Confirmed need for permit, advised to lodge in

28 days and new fee $1,241 10.11.16 Owners Council Seek advice on investigations 11.11.16 Council Owners Advice provided

Further complaints were received from the neighbor, alleging that there were a number of trucks that were being used off the premises and therefore could not be considered to be part of the farming use of the land. The neighbor has provided several photos of trucks entering and leaving the subject site.

Council’s legal advisors have confirmed the characterisation of the use and the need for a permit.

The property owners were advised by mail on 25 October 2016 that a planning permit must be lodged within 28 days of the letter and that should an application not be lodged the Council reserves its right to undertake enforcement action for the use of the land as a contractor's depot in breach of the planning scheme. To date an application has not been lodged.

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DISCUSSION The owners of the subject land are aware of the need for planning permits having previously operated a hay cartage business from premises in Kealy Road, Benalla. In 2006 the owners sought approval from the Council to use an existing shed to store equipment and motor vehicles associated with the business as well as undertake some repairs and maintenance of these vehicles on the site. The presence of a non-compliant use arose from complaints made to the Council about the activity being conducted on the land. The Council decided to grant a permit for the use subject to conditions. The applicants appealed three conditions at VCAT. As a result of the appeal two conditions were deleted and the third was deleted and replaced by two new conditions. The two deleted conditions related to dust suppression. The new conditions related to landscaping. Complaints continued to be received about the use of the property. Before enforcement action could be taken the owners sold and relocated to the subject site. The landowners have been given sufficient opportunity to make application for a permit for a contractor’s depot but have failed to do so. The landowners maintain that the trucks are part of the farming operations on their land. From the legal advice received the use of the site as a contractor’s depot without a valid planning permit is a breach of the planning scheme. Council staff are continuing to work with the complainant to gather evidence to support an enforcement order against the owners of 292 Terrett Road. It is recommended that when the evidence is fully compiled that staff be authorised to commence proceedings. The Mayor and Chief Executive Officer have met with the landowner and complainant since this report was presented to the Council in December 2016. COUNCIL PLAN 2013-2017 IMPLICATIONS Places and Spaces � Land uses in urban and rural areas are well planned and appropriate

development is managed to meet community needs and to maintain and enhance high amenity and character of our Rural City.

LEGAL IMPLICATIONS Any person who uses or develops land in contravention of a planning scheme is guilty of an offence. In order to be successful in obtaining an enforcement order the Council’s case must be proven on the balance of probabilities.

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Agenda – Planning and Development Committee 25 January 2017

FINANCIAL IMPLICATIONS VCAT’s approach to awarding costs in applications for enforcement orders is different to its approach in other matters. VCAT has awarded costs in enforcement matters more commonly than in planning merits reviews especially where, despite requests and warnings, there is a ‘persistent and unjustified’ failure to comply with planning controls. Although enforcement proceedings warrant a different approach to costs than that taken in normal planning reviews, the successful party is not entitled as a matter of course to being awarded costs. Each case must be viewed on its merits. The costs of an application to VCAT and the presentation of the material is provided for in the departmental budget.

Recommendation: That the Council commence enforcement action against the use of the premises at 292 Terrett Road, Goomalibee as a contractor’s depot and prepare all necessary materials for the hearing.

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Agenda – Planning and Development Committee 25 January 2017

6. Environmental Sustainability - activity report for the quarter ended 31 December 2016

E263 Larissa Montgomery – Environment Sustainability Coordinator

Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report details the activities of the Environment Unit for the quarter ended 31 December 2016. BACKGROUND Environment The Environment Sustainability Unit provides advice and support to the Council and the community in relation to environment, sustainability and natural resource management. The Unit represents the Council on a number of regional networks which provide an ongoing opportunity to collaborate in funding opportunities, share information and resources as well as participate in projects that would otherwise be unachievable and makes submissions to Victorian and Australian Government green papers on issues relevant to the community. These networks include:

� North East Greenhouse Alliance

� Goulburn Broken Greenhouse Alliance

� Goulburn Broken Local Government Biodiversity Reference Group

� North East Local Government Environment Network

� Goulburn Broken Regional Water Quality Programs Forum

� Benalla Sustainable Futures Group

The Unit manages the following projects and day to day functions in relation to the environment, sustainability and natural resources:

� Develop offset management plans and manages subsequent offset plantings for Council works.

� Seek funding for specific roadside weed control. Currently managing two projects conducting treatment and mapping of Chilean Needle Grass, blackberry, gorse and other selected high priority weeds.

� Conduct environmental assessments for Works on Road Reserve permits, firewood collection permits, stock grazing/moving permits and CFA fire prevention works.

� Council representative for liaison regarding roadside vegetation projects.

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Agenda – Planning and Development Committee 25 January 2017

� Oversee implementation of the Environment Strategy and Climate Change Adaptation Action Plan.

� Liaise with, and make presentations to, community groups.

� Keep the community informed through the Council Column in the Benalla Ensign.

� Coordinate Council’s Green Team

HIGHLIGHTS OF THE QUARTER Environmental Assessments A summary of the environmental assessments and inspections conducted for the period 1 April 2016 to 30 June 2016 is provided in the following table.

Type Number

Firewood collection permit 5

Stock moving/grazing permit 3

Planning permit 0

Works on Road Reserve permit 3

Council works 1

Environment Meetings and Workshops Attended

� Goulburn Broken Greenhouse Alliance meeting

� Collaborative Climate Change Reporting Project Steering Committee meeting (two)

� Climate Smart Agricultural Development Project meeting and training session

� Climate Smart Agricultural Development Project Close Event

� Goulburn Broken Water Quality Programs meeting

� Hume Business Champions meeting

� Benalla Railway Project meetings (three)

� Benalla Renewable Energy Working Group meeting

� Goulburn Broken Biodiversity Reference Group meeting

� Gecko CLaN Landcare Network Pest Animal Forum

� New Energy Jobs Fund Round 2 Stakeholder Forum

Roadside Weeds and Pest Program Through the Victorian Government’s Roadside Weeds and Pests Management Program (RWPP) the Council received a total of $92,616 over three years (2012 to 2014). The State Government then made a commitment to funding in 2015/16 and 2016/17. Benalla Rural City Council received $32,854 in each of these financial years. Contractors commenced work on the 2016/17 program in early November and have now completed the majority of work. The program has focussed on higher conservation value roadsides across the municipality and included treatment of

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Agenda – Planning and Development Committee 25 January 2017

blackberry, St Johns wort, Chilean needle grass, African love grass, gorse, broom, horehound, Patterson’s curse and bridal creeper. Follow up treatment of some weeds will continue until May. There has been no confirmation of funding from the State Government beyond the end of this financial year. Goulburn Broken Greenhouse Alliance New Auspice Arrangements The Goulburn Broken Greenhouse Alliance (GBGA) was established in 2007 to promote and support regional action on climate change. The GBGA provides collaborative advocacy on climate change issues and plays a lead role in the identification and implementation of a range of projects. The GBGA is made up of eight local councils from the Goulburn Broken region and the Goulburn Broken Catchment Management Authority. More recently three councils from the North East have become associate members. Up until 2014 the Alliance operated as a special committee of Resource GV. Amendments were made to the Environment Protection Act 1970 in 2013 to define the functions of the regional waste and resource recovery groups. As part of these changes the regional waste management groups were consolidated to help build regional capacity to deliver on their expanded functions and allow for greater savings through joint procurement. The new waste and resource recovery groups commenced operation on 1 August 2014. The Goulburn Valley Waste and Resource Recovery Group (GVWRRG) was formed at this time. Under these changes it was determined that the GBGA did not directly align to the legislative functions of the GVWRRG. An updated MoU was signed by all members in 2015 to enable the Alliance to continue to function and remain effective and enable transition to a new structure beyond 2017. In response, the Alliance undertook a series of investigations to determine future governance arrangements. The GBGA are currently investigating and negotiating the most feasible auspice options and will develop a new auspice agreement, memorandum of understanding and rules of operation to be endorsed by member councils before the end of the financial year. Building a Case for Electric Vehicles in Regional Council Fleets Coordinated by the GBGA, an application to the Victorian Government’s Collaborative Council Sustainability Fund Partnerships, to undertake a feasibility study to determine the suitability of electric vehicles in regional council passenger fleet, was recently announced successful. The project will commence in March and take one year to complete. Partner councils in this project are Greater Shepparton City Council as lead, Benalla Rural City Council, Campaspe Shire Council, Mansfield Shire Council, Indigo Shire Council, Wangaratta Rural City Council, Wodonga City Council and Mitchell Shire Council. Partner councils have each committed a $2,000 cash and $5,000 in kind contribution with $75,000 coming from the program.

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Agenda – Planning and Development Committee 25 January 2017

Building on viable outcomes of the feasibility study, an investment ready business case for the purchase of electric vehicles, charging infrastructure and support for collaborative vehicle procurement opportunities will be developed. Victorian Adaptation and Sustainability Partnership Projects The Victorian Adaptation and Sustainability Partnership (VASP) is an established partnership between the State Government and Victoria’s 79 councils. The VASP helps the State Government and local governments work together on climate adaptation and environmental sustainability issues and builds on the former Victorian Local Sustainability Accord. As outlined below, Benalla Rural City Council was successful in three partnership applications to the 2013 VASP funding program which were all completed within this quarter. Climate-Smart Agricultural Development in the Goulburn Broken Partner councils in this project include Greater Shepparton City Council, Strathbogie Shire Council, Mansfield Shire Council, Murrindindi Shire Council and Moira Shire Council as lead and GBGA as project manager. The Goulburn Broken Catchment Management Authority and Dairy Australia are also partner organizations. This $267,000 project ($200,000 funded) generated and communicated specific long-term data, information and strategic plans to enable local government and agribusinesses in the Goulburn-Broken region to adapt to climate change effectively. The project enables an understanding of productivity changes in time and location to 17 of the region’s most prominent agricultural commodities (including crops, horticulture and forestry), as a result of climate change. Deakin University were engaged to undertake the work and have completed the commodity modeling and developed an implementation plan for each council. In order to improve the accuracy of the modeling, local experts in the agricultural industry were engaged to ground truth and fine tune the results. The modeling and implementation plan were presented to Council officers in August for feedback. A training session for relevant staff was completed in October and a project close event was held at the Benalla Community Lakeside Centre in December 2016. The tool will enable the agricultural industry and councils to better make better informed planning decisions. For the benefit of the new Council a presentation on the findings will be made to the Planning and Development Committee on 5 April 2017. Resilient Community Facilities Partner councils in this project include City of Wodonga, Alpine Shire Council, Indigo Shire Council, Towong Shire Council and with Wangaratta Rural City Council as the lead council. This $260,000 project ($200,000 funded) identified actions and works to improve the value of community facilities as a resource for communities adapting to climate change impacts. Guidelines developed from this project will be used to build resilience into future projects. A workshop was held with relevant council staff in November 2016 to ensure the tool is relevant and useful to all councils. The tool was trialed and refined and a report on each of the trial facilities was developed. Relevant staff have undertaken training with the tool and supporting material has been created. There were some unspent funds

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Agenda – Planning and Development Committee 25 January 2017

which were then used to implement some of the recommendation made by the audit tool. As a result, the lighting at the Benalla Indoor Recreation Centre has been upgraded to energy efficient alternatives. The project was completed at the end of October 2016. Rec Less This project between Benalla Rural City Council and Alpine Shire Council allows each Council to assess, prioritise and identify new ways of managing open spaces so they are adaptable to climate change to continue to meet Council and community needs. It has considered aspects such as maintenance requirements, watering needs and source, shading and species selection. This work will provide the Council and the community with a clear understanding of how open spaces will be managed, particularly during prolonged drought and heatwaves. A list of suitable garden plants for a changing climate has been developed and a demonstration site with explanatory signage has been established on Bridge Street from Monash Bridge to Arundel Street. This project was completed in December 2016. Collaborative Climate Change Reporting Through the Victorian Government Victorian Climate Change Grants 2015, Benalla Rural City Council along with the five other partner Councils was successful in receiving funding of $10,000 each to deliver the Collaborative Climate Change Reporting Project. This funding was received through the non-competitive category and did not require any financial co-contribution. Moira Shire Council is leading the project in partnership with Benalla Rural City Council, Rural City of Wangaratta, City of Wodonga, Indigo Shire Council and Murrindindi Shire Council. The project will develop an environmental sustainability reporting program for the six local government areas which will be compatible with other relevant environmental reporting, develop a set of standard indicators and metrics and suggested processes/methods and provide an opportunity to demonstrate the significant achievements being made by local government in environmental sustainability.

The steering committee has recently appointed a consultant to develop a coordinated, replicable Local Government Environmental Sustainability Reporting Program which includes methods, processes and individual implementation plans for each council. The consultants will soon commence work on the project which will include consultation with relevant council staff. The project is to be completed by 30 June 2018.

New Energy Jobs Fund Earlier this year the Victorian Government announced a $20 million New Energy Jobs Fund (NEJF) as an initiative under the Future Industries Fund. Funding to support new energy technology projects will be available through three grant rounds. Round one closed in March this year. Round two opened in December and closes on 1 March 2017. The Council is a partner in two applications currently being developed.

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Agenda – Planning and Development Committee 25 January 2017

Benalla Future Energy Plan and Renewable Energy Feasibility Study In June 2016 the Council resolved to support the Benalla Sustainable Future Group to further scope an application for the development a feasibility study and a future energy plan for Benalla which includes community-owned renewable energy options. In addition, the Council agreed to support the BSFG to run a process to gauge the level of interest in a community renewable energy project. The Council worked with BSFG to organise a community forum which was held on 18 October 2016. Around 90 people attended the forum and heard from three guest speakers who had undertaken similar community projects in Victoria. After the forum a community working group was established to progress with the concept. Council staff are working with this working group to develop an application to the NEJF. A separate report on this work is included in this meeting’s papers. Goulburn Broken Greenhouse Alliance – Renewable Energy Opportunities The GBGA has been working to develop a regional partnership project to explore and capitalise on the energy efficiency and renewable energy opportunities for member councils’ assets (e.g. buildings and community facilities). An application for this project has previously been supported by the Council, including Benalla Rural City Council taking the role of lead Council. A co-contribution to the project will utilise some of the Watts Working Better streetlight project underspends. Goulburn Broken Local Government Biodiversity Reference Group The Goulburn Broken Local Government Biodiversity Reference Group meets on a quarterly basis to discuss regional projects and native vegetation issues. Current issues of discussion are Victoria’s Native Vegetation Regulations Review and implementation of the Goulburn Broken native vegetation contribution scheme. COUNCIL PLAN 2013-2017 IMPLICATIONS Our Natural Environment

� Within our community our organisation is recognized as an environmental leader

� Community education facilitates a shift to a more sustainable future

� A strategic and collaborative approach underpins the management of our water supply and resources

� Implement monitor and report back to the community on our progress in achieving actions identified in the Benalla Rural City Environment Strategy 2011-15 and Climate Change Adaptation Action Plan

Recommendation: That the report be noted.

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Agenda – Planning and Development Committee 25 January 2017

7. Planning and Building Approvals December 2016 E584

Joel Ingham – Planning Coordinator Nilesh Singh – Manager Development

PURPOSE OF REPORT

The report details planning permit applications and building approvals for the month of December 2016. Planning Permit Applications determined under Officer Delegation

File No Description Property Address Decision

1 DA4956 Construction of a carport and attached workshop

45 Benalla Street, Benalla Approved

2 DA5789 Construction of a storage shed associated with an educational facility

29 Goomalibee Street, Benalla

Approved

3 DA6444 Construction of a carport 1 Mathieson Court, Benalla

Approved

4 DA6443 Construction of a pergola and deck

4 Arundel Street North, Benalla

Approved

5 DA6442 Construction of a dwelling extension

6 Hiscock Court, Benalla Approved

6 DA150

Use and development of land for a dwelling and to vary a restrictive covenant to alter the building envelope

522 Whites Road, Warrenbayne

Approved

7 DA5846 Construction of buildings and works

12 Sydney Road, Benalla Approved

8 DA1249/2

Buildings and works in association with a service station and alteration of an access to a road zone category 1

5941 Midland Highway, Benalla

Approved

9 DA6437 Construction of a dwelling and outbuilding

143 Witt Street, Benalla Approved

10 DA6435 Construction of a swimming pool

6 Goomalibee Street, Benalla

Approved

11 DA6431 Use and development of a telecommunication facility

2081 Kilfeera Road, Upper Ryans Creek

Approved

12 DA78/8

Use of part of the land as a camping and caravan park other than for a motor sport activity and to use part of the land for a place of assembly (function centre) other than for a motor sport activity

41 Fox Street, Winton Approved

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Agenda – Planning and Development Committee 25 January 2017

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

Planning Permit Applications Withdrawn or Lapsed

File No Description Property Address Decision

DA1140 Construction of a Commercial Building

126-128 Bridge Street East, Benalla

Lapsed

DA6362 Use and Development of a Dwelling

602 Whites Road, Warrenbayne

Withdrawn

Notices of Decision

There were no Notices of Decisions issued during the month of December 2016. A Notice of Decision (NOD) is issued when Council has decided to grant a planning permit when objection(s) are received regarding the application. An objector may appeal to Victorian Civil & Administrative Tribunal (VCAT) against the decision to grant the permit within 21 days of a Notice of Decision being issued. After 28 days if no appeal has been lodged Council will issue the Planning Permit

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

Matters before VCAT

DA4949 To Use the Land for a Place of Assembly (Lifestyle Festival) 648 Tatong Tolmie Road, Tatong

Status

An appeal has been lodged by the applicant against conditions of the permit. The appeal was submitted to the Tribunal after the due date which is 60 days after issuing the Notice of Decision to Grant a Permit. The Tribunal issued an order by consent of all parties on 15 March 2016. The appeal to amend conditions of the permit is to be withdrawn. The applicant has advised that he will be submitting the amendment to the Council pursuant to Section 72 of the Planning and Environment Act 1987. The Council lodged its enforcement proceedings relating to non-compliance with conditions on 8 April 2016. A practice day hearing was then held on 29 April 2016. A tribunal order dated 3 May 2016 has set a compulsory conference date for 8 August 2016. As a result of the compulsory conference the Tribunal issued an order to the effect of:

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Agenda – Planning and Development Committee 25 January 2017

In the situation where the owner has made application to the Responsible Authority to amend the subject Planning Permit P696/2016 and where it is anticipated that Council will make its decision on this application on or about 14 September 2016 the parties agree that if possible any resulting application for review to the Tribunal shall be concurrently heard with this enforcement proceeding at the revised dates of 14 – 15 December 2016.

As a result any decision made by the Council that is appealed by the applicant or objectors to the Tribunal was planned to be heard concurrently with the Council initiated enforcement proceedings on 14-15 December 2016. However in appealing the Council’s refusal to amend the conditions of the permit, the owner did not identify the existing enforcement matter or refer to the direction by the Tribunal to have the matters heard concurrently in December 2016. Consequently, a new order was issued by the Tribunal to have the planning amendment heard on 4 July 2017. The Council’s legal representatives have sought to have this error amended and a Practice Day hearing of the Tribunal was held on 2 December 2016. On 5 December 2016 the Tribunal ordered that both the enforcement hearing and amendment hearing would be held at the same time on the 14 December 2016 for a duration of 2 days. The owner through his counsel at the hearing advised that they would not conduct any festivals until such time as the applications are resolved. At the tribunal hearing on 14 December 2016 a preliminary issue was raised to the fact that the applicant required a Cultural Heritage Management Plan to be approved prior to a planning permit be approved for the proposed use. This issue was raised at the Tribunal hearing and as a result new Tribunal directions were issued on 14 December 2016. The Tribunal order can be summarised as follows: By 21 December 2016 the applicant must tell the Tribunal whether or not he intends to satisfy the requirements of the Aboriginal Heritage Act 2006 in respect of the use. Or He seeks a determination from the Tribunal as to whether a Cultural Heritage Management Plan is required in connection with the proposed amendment of Planning Permit No. P0022/15. The Tribunal hearing has been deferred until 25 and 26 May 2017 to allow the applicant time to adhere to the requirements above. A full copy of the Tribunal order is attached in Appendix 1.

DA5580/3 To use the land for a Restricted Recreation Facility (motor cycle training facility) 144 Bowcher Road, Chesney Vale

Status

An appeal has been lodged by the applicant against Council’s Notice of Decision to Refuse a Permit. An order issued by the Tribunal on 23 November 2016 listed the matter for a practice day hearing on 10 February 2017 and a full hearing on 2 August 2017.

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Agenda – Planning and Development Committee 25 January 2017

PLANNING PERMIT APPLICATIONS

0

5

10

15

20

25

Planning Permit Applications Received Per Month

Applications Received2015/16

0

2

4

6

8

10

12

14

16

18

20

Planning Permit Applications Decided Per Month

Applications Decided2015/16

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Agenda – Planning and Development Committee 25 January 2017

Building Approvals Issued by Council and Private Practitioners

File No Description Property Address Value $

1 DA6447 Internal Alteration to Residence

24 Tatong Tolmie Road, Tatong

55,279

2 DA6126 Construction of Dwelling and Garage

8 O’Loughlin Street, Benalla 326,723

3 DA3346 Construction of Shed 33 Commercial Road, Benalla 15,300

4 DA6439 Construction of Swimming Pool and Safety Barrier

5 Goodenia Drive, Benalla 2,000

5 DA165/1 Demolition of Building 1-35 Kilfeera Road, Benalla 26,180

6 DA6426 Extension to existing building

54 Racecourse Road, Benalla 100,000

7 DA5846 Construction of Shelter Shed

12 Sydney Road, Benalla 8,000

8 DA4695 Construction of Skillion Roof Shed

Lot 4 Mansfield Road, Benalla 13,621

9 DA6435 Construction of above ground pool and safety barrier

6 Goomalibee Street, Benalla 8,000

There were nine building approvals issued in the month of December 2016 to the total value of $555,103.

0

5

10

15

20

25

Outstanding Applications at End of Month 2016/17

2015/16

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Agenda – Planning and Development Committee 25 January 2017

Building Permits Issued by Certifier by month

0

5

10

15

20

25

Building Permits Issued By Certifier 2016/17

Private

Council

0

5

10

15

20

25

30

35

Total Building Permits Issued Per Month

2015/16

2016/17

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Agenda – Planning and Development Committee 25 January 2017

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces

� We will provide community places and spaces to meet the needs of our community and focus on thoughtfully planned growth to maintain and enhance the high amenity and character of our Rural City

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

Our Organisation

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

Recommendation:

That the report be noted.

0

500

1000

1500

2000

2500

3000

3500

4000

Value of Building Permits Issued ($'000)

Value of Works 2015/16

Value of Works 2016/17

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

ADMINISTRATIVE DIVISION

PLANNING AND ENVIRONMENT LIST VCAT REFERENCE NOS. P696/2016 & P2369/2016

PERMIT APPLICATION NO. P0022/15

P696/2016

APPLICANT / RESPONSIBLE AUTHORITY

Benalla Rural City Council

RESPONDENTS Kevin Francis Clement Smith, Faye Crowe,

Karyn Cox

REFERRAL AUTHORITY Vic Roads – North Eastern Region

SUBJECT LAND Lot 1 on TP342206H and Crown Allotment 2A

Parish of Toombullup North

TOOMBULLUP NORTH VIC

P2369/2016

APPLICANT Kevin Francis Clement Smith

RESPONSIBLE AUTHORITY Benalla Rural City Council

RESPONDENTS Karyn Cox, Daniel Grima, Faye Crowe,

Geoffrey Draper

SUBJECT LAND 648 Tatong-Tolmie Road

TATONG VIC 3673

WHERE HELD 55 King Street, Melbourne

BEFORE Dalia Cook, Member

HEARING TYPE Hearing

DATE OF HEARING 14 December 2016

DATE OF ORDER 14 December 2016

ORDER

The following orders are made on the basis of Mr Kevin Francis Clement Smith

giving an undertaking to the Tribunal that he will NOT conduct or permit any

event to be conducted on the subject land or permit its use as a Place of

Assembly (including a festival, Nudemanfest, Midsumma event or ‘Kevin’s

parties’ as described on the website nudemanfest.com.au) EXCEPT in full

conformity with conditions of planning permit No. P0022/15 UNTIL the

Appendix 1

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VCAT Reference Nos. P696/2016 & P2369/2016 Page 2 of 6

proceedings are determined finally by the Tribunal or until the undertaking is

varied or discharged by the Tribunal:

1 In application No. P696/16, the application for enforcement order is

amended in terms of the orders sought to reflect the version tendered at the

hearing, pursuant to section 127 of the Victorian Civil and Administrative

Tribunal Act 1998.

2 The hearing of these proceedings on 15 December 2016 is vacated.

3 Leave is granted to Mr David Cundy to file and serve a statement of

grounds in the proceedings by 21 December 2016.

4 By 21 December 2016, Mr Kevin Smith must advise the Tribunal whether:

a he intends to satisfy the requirements of the Aboriginal Heritage Act

2006 and Aboriginal Heritage Regulations 2007 in respect of the use;

or

b he seeks a determination from the Tribunal as to whether a Cultural

Heritage Management Plan (CHMP) is required in connection with

the proposed amendment of planning permit No. P0022/15.

5 If Mr Smith elects the path in Order 4(a), the proceedings will be adjourned

for administrative mention on 31 March 2017. By that date each party must

advise the Tribunal in writing:

• the manner by which the requirements of the Aboriginal Heritage Act

2006 and Aboriginal Heritage Regulations 2007 are being/have been

addressed and the progress of this action;

• whether the matter is resolved or is proceeding to a hearing;

• if that party is ready for a hearing;

• that party’s estimate of the duration of the hearing; and

• whether a further directions hearing or mention is requested.

No attendance is necessary.

6 If Mr Smith elects the path in Order 4(b), the responsible authority and Mr

Smith must file and serve submissions with the Tribunal by 1 February

2017 on the questions of:

a whether a CHMP is required in respect of the amendment of the

permit proposed; and

b whether the Tribunal would have power to amend a planning permit in

circumstances where a permit was issued in contravention of section

52(1) of the Aboriginal Heritage Act 2006 in the absence of a CHMP

(or the application being held to be exempt).

7 In application No. P2369/16, by 1 February 2017, Mr Smith must file with

the Tribunal and serve a copy on the parties the details of any further

amendment or refinement to conditions of planning permit No. P0022/15.

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VCAT Reference Nos. P696/2016 & P2369/2016 Page 3 of 6

Hearing

Item Action Date Time Duration Number of

members

A Hearing 25 and 26

May 2017

10.00 am two days one

8 This proceeding is listed for a hearing in accordance with the details set out

in item A above. No further hearing notice will be sent.

9 Any changes to the hearing details will be notified by further order of the

Tribunal.

10 Please read the information included in Appendix A and observe any

directions included in the Appendix.

11 All hearings will be conducted at 55 King Street, Melbourne.

Witness material (simultaneous exchange)

12 By not later than 11 May 2017, each party must file with the Tribunal and

serve on the other parties a copy of each document and statement of the

evidence or report of each witness, whether that witness be an expert or a

lay witness, on which that party intends to rely at the hearing not yet filed

and served.

Dalia Cook

Member

APPEARANCES:

For Benalla Rural City Council Mr Andrew Sherman, Solicitor, Russell

Kennedy

For Kevin Francis Clement

Smith

For Faye Crowe

For Karyn Cox

Mr Sam Bird of Counsel, instructed by Herring

& McMillan

Ms Faye Crowe in person

Ms Karyn Kox in person

For Daniel Grima Mr Daniel Grima in person

For Vic Roads - North Eastern

Region

Ms Raelene Stratton, Town Planner

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

8. Road and Footpath Management Plan Review SF/2494

Don Spokes – Operations Coordinator Bryan Campbell – Manager Infrastructure

PURPOSE OF REPORT The report outlines the project plan for the review of the Council’s Road and Footpath Management Plan.

BACKGROUND The Road Management Plan was first introduced in 2004 and is required to be reviewed every four years in line with Council elections. The plan is a document which describes standard of care and monitoring of road assets within those road reserves for which the Council is responsible.

The plan needs to demonstrate road user needs and expectations as well as the

economic capacity of the community to pay for maintenance based on meeting

‘reasonable’ or tolerable targets for works and asset management programs relative

to the road network function.

The document sets inspection intervals and response timelines as well as stating management systems which the Council has implemented to ensure that its responsibilities within the Road Management Act 2004 are met. Ability to consistently be able to demonstrate that the Council has satisfied its duty of care to road users is critical to protecting the ratepayers from claims of damage or negligence. The Council is required to demonstrate that it has in place a reasonable regime for inspecting the road network to identify and record defects and a reasonable regime for planning and implementing repairs to overcome those defects. DISCUSSION The first proposed change to the current document is to have the plan cover both the road and footpath network. This approach has been done by a number of Councils and provides benefits including:

� Addressing infrastructure that usually lies in the same physical space at the

same time

� Streamlining the reporting system; which is common to both assets and

� Simplifying the number of strategy documents the Council has. The review of the plan is proposed to use both internal staff observations and data together with feedback from community groups. This work will assist in evaluating if the management systems in place are delivering the levels of service adopted by Council for its road and footpath network.

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Agenda – Planning and Development Committee 25 January 2017

The review will consider the levels of service for road and footpath infrastructure on public roads maintained by the Council. Particular attention will be given to managing the demand for asset maintenance with the proposed level or resources made available through the Council budget. To date the Council has set these standards to allow for compliance at all times (ie higher than usually occurring) to minimise the risk of future litigation.

The review of the plan must be completed by 30 June 2017. To achieve this timeframe the following approach is proposed:

Action Due

Prepare draft report 10 February 2017

Review report findings at Council Assembly

22 February 2017

Adopt review and consultation program at Planning and Development Committee

1 March 2017

Consultation delivered 7 – 31 March 2017

Adopt draft new plan at Planning and Development Committee for formal consultation

5 April 2017

Formal consultation on new document for 28 days 12 April - 15 May 2017

Hearing of submissions 24 May 2017

Present summary of proposed changes to Assembly 7 June 2017

Adopt outcome 28 June 2017

Advertise in Victoria Government Gazette 29 June 2017

Key activities in the preparation of the new plan are:

� update of the current road, footpath and hierarchy registers

� review of all current data and extent of compliance or points where non-

compliance arises

� intervention levels inspection review.

45

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

The process for the review and development of the new plan can then be shown as follows:

Community engagement

As the document needs to reflect community expectations it is proposed to engage with a variety of community groups to test the proposed service standards. A cross-section of the community needs to be engaged.

46

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

Given the short timeframe to complete this work it is proposed that the Manager Infrastructure and the General Manager Development and Environment attend meetings of existing community groups such as:

� Service Clubs – Lions and Rotary

� Parents groups – through Tomorrow:Today Foundation and Parents of Children

with Special Needs

� Emergency Management groups – CFA and SES

� Local area and townships meetings

� Local Safety Committee

� Accessibility Reference Group and Youth Action Committee

Broader community awareness and through the two allocated phases in March and April/May 2017 can provide for input through the use of the:

� Benalla Ensign Column

� Community Newsletter

� Council web age

� Media Release

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces

� Community infrastructure is maintained in accordance with best practice asset management principles including roads, bridges, drains, footpaths, buildings and facilities

� New and expanded community assets are planned and provided to meet community needs and expectations, and infrastructure performance standards.

� Community infrastructure and services in rural areas are planned and provided on the basis of a strategy developed in conjunction with local residents.

Our Organisation

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

FINANCIAL IMPLICATIONS The work is to be completed with officer time from the existing departmental budget. Recommendation:

1. That Cr…………….. be appointed to the project working group.

2. That the timetable for the review and development of the Road and Footpath Management Plan be adopted.

47

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

9. Benalla Municipal Emergency Management Planning Committee - Review

E778 Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report proposes changes to the composition and operation of the Benalla Municipal Emergency Management Planning Committee. BACKGROUND The Benalla Municipal Management Planning Committee was first established in November 2002. The purpose of the committee is to meet Council’s statutory obligations in the planning and preparing of response and recovery activities. Prior to 2013 the group has met twice yearly as a forum to discuss operational issues and incidents. In 2013 the format of the group and structure of the meetings was changed to create a strategic and operational group with the strategic group meeting at least 3 times per year and the operational group having an annual meeting and training activity. The model supports ongoing changes in the emergency sector at a state level and has been adopted by a number of other Councils throughout the region. The only shortcoming in the transition from the older style large group to the new two team approach has been the loss of valuable local input from community representatives. Consequently at the end of 2016 the Municipal Emergency Management Committee resolved to request the Council to call for community representatives and refresh the Terms of Reference to accommodate this aspect of the group’s operation. DISCUSSION Structured emergency management planning has a significant history with local government in Australia. Much of the systems and processes can be traced back to earlier national disasters such as the Brisbane Floods of 1974 and the Ash Wednesday fires of 1983. Councils and emergency management agencies have continued to adapt and evolve practices as new information comes to hand. Learnings from natural disasters such as Black Saturday and the Toowoomba/Lockyer flood event highlight the need for robust and regular strategic planning across agencies. Also the role of training through ‘mock events’ is now more prevalent and Council’s MEMPC needs to continually improve in this space. Traditionally, the recovery phase, focusing on community rebuilding was a separate post-event matter. Today ‘recovery’ is more actively aligned to all stages in the preparation for and throughout an incident, rather than commencing when the ash settles or water recedes.

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Agenda – Planning and Development Committee 25 January 2017

Consequently the Terms of Reference for MEMPC should embed the recovery planning process into the ongoing operations of the group rather than these being a sideline activity. It is proposed to also provide for up to four community representatives on the Strategic Group to bring local knowledge and connections into the discussions. These people would be asked to demonstrate connections within the community and appointments support a diversity of age and gender. It is proposed that requests for nominations be made through the Benalla Ensign, local newspapers and Council’s Facebook page and that nominations be considered by the MEMPC at its meeting on 2 March 2017 and recommendations be made to the Council for consideration at its meeting on 15 March 2017. The current Terms of Reference is provided in Appendix 1 for information with the proposed changes illustrated in the document. COUNCIL PLAN 2013-2017 IMPLICATIONS

Our Community

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

� Our community is safe, inclusive and accessible, and individuals, families and communities can move about and enjoy their lives in comfort and safety. Our physical and social environments are carefully managed to reduce risk with a specific focus on reducing family violence.

Our Natural Environment

� Our community is resilient, prepared for and equipped to respond to a changing climate and environment and the impact of natural disasters including drought, flood and fire.

� Drainage and flood mitigation strategies are developed for our Rural City.

Community Engagement and Working together

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

Our Organisation

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

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Agenda – Planning and Development Committee 25 January 2017

FINANCIAL IMPLICATIONS The cost of this work can be met from within existing program budgets.

Recommendation: That the Council adopt the Terms of Reference for the Municipal Emergency Management Planning Committee (as amended) and seek four community representatives through an expression of interest process in February 2017.

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1

Benalla Municipal Emergency Management Planning Committee Terms of Reference

November January 20173

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Benalla MEMPC – Terms of Reference November January 20173

Contents

1. Purpose ................................................................................................................................... 3

2. Authority and Background .................................................................................................... 3

3. The Role of the Committee .................................................................................................. 3

4. Municipal Emergency Planning Committee Membership ............................................... 3

5. Strategic Committee ............................................................................................................. 5

6. Quorum ................................................................................................................................... 5

7. Role of the Chairperson ....................................................................................................... 5

8. Meeting Frequency ............................................................................................................... 5

9. Minutes and Agendas ........................................................................................................... 6

10. Sub-Committees & Working Parties ............................................................................... 6

11. Conduct and Interest Provisions ..................................................................................... 7

12. References and Related Documents ............................................................................. 8

13. Contact with the Media ..................................................................................................... 8

14. Charter of Human Rights Compliance ........................................................................... 8

15. Review Date ....................................................................................................................... 8

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3

1. Purpose The purpose of the Benalla Rural City Council Municipal Emergency Planning Committee is to formulate, maintain and test the Municipal Emergency Management Plan.

2. Authority and Background Section 20 (1) Part 4 of the Emergency Management Act 1986 a municipal council must prepare and maintain a municipal emergency management plan. Section 21 (3) Part 4 of the Emergency Management Act 1986 the Benalla Rural City Council must appoint a municipal emergency planning committee being members and employees of the municipal council, response and recovery agencies and local community groups involved in emergency management issues. Section 21 (4) Part 4 of the Emergency Management Act 1986 the function of the municipal emergency planning committee is to prepare a draft municipal emergency management plan for consideration by the municipal council.

3. The Role of the Committee

The role of the Committee is to: � Develop and maintain the Benalla Rural City Council Municipal Emergency Management Plan for

endorsement by the Municipal Emergency Planning Committee and adoption by the Benalla

Rural City Council.

� Determine the need for and participate in functional sub-committees and working groups to plan

for specific emergencies, address issues and develop and implement projects

� Assist in identifying, analysing and evaluating existing and new and emerging emergency related

hazards and risks.

� Provide input into risk treatment strategies.

� Prepare risk specific response and recovery plans for the Shire.

� Contribute to the continuous improvement of the Mornington Peninsula Municipal Emergency

Management Plan through monitoring, review and development.

� Contribute to testing the Municipal Emergency Management Plan through conducting and

participating in emergency exercises.

4. Municipal Emergency Planning Committee Membership 1. Councillor (Chairperson)

2. Municipal Emergency Resource Officer (MERO) / or Deputy (Deputy Chairperson)

3. Municipal Recovery Manager (MRM) / or Deputy

4. Municipal Emergency Response Coordinator (MERC) / or Deputy (Victoria Police)

5. Executive Officer to committee

6. Municipal Fire Prevention Officer (MFPO) / or Delegate

7. Emergency Management Coordinator (EMC) / or Delegate

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Benalla MEMPC – Terms of Reference November 2013January 2017

4

Local Emergency Service Representatives 8. Victoria State Emergency Service

9. Country Fire Authority

10. Department of Environment & Primary Industry

11. Ambulance Victoria

12. Parks Victoria

Local Recovery Agency Representatives 13. Department of Human Services

14. Red Cross – Australia

15. Salvation Army

16. St John Ambulance

17. St Vincent de Paul Society

18. Victorian Council of Churches

Local Medical Representatives 19. Church Street Clinic

Government Agency Representatives 20. Department of Education & Early Childhood Development

21. Department of Transport

22. Environmental Protection Agency

23. VicRoads

24. North East Water

25. Goulburn Murray Water

26. Worksafe

Utility Company Representatives 27. SP Ausnet

28. Telstra

29. United Energy

Other Relevant Representatives 30. Australian Munitions (Thales)

31. Four Community Representativesmembers representing a range of areas, ages and

interests

Others as required including: Interested community groups (i.e. but not limited to, Lions International, Rotary International, Benalla Gliding Club, Winton Wetlands)

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Benalla MEMPC – Terms of Reference November 2013January 2017

5

5. Strategic Committee The Municipal Emergency Planning Committee shall have a Strategic (Executive) Committee, the composition will be made up with representatives from:

1. Benalla Rural City Council- MERO

2. Benalla Rural City Council- MRM

3. Victorian Police - MERC

4. Benalla Rural City Council- MFPO

5. Benalla Rural City Council- EMC

6. Country Fire Authority

7. Department of Human Services

8. Department of Environment and Primary Industries

9. State Emergency Service

10. Ambulance Victoria

11. Red CrossCommunity representatives

6. Quorum A quorum will be achieved with six members of the Strategic Committee. No resolutions can be made if a quorum is not reached but a meeting can be held; minutes taken and issues referred for resolution to the next meeting of the MEMPC at which a quorum is reached.

7. Role of the Chairperson The Chairperson is responsible for making sure that each meeting is conducted according to the constitution and that matters are dealt with in an orderly, efficient manner. The Chairperson carries the authority to keep order and maintain progress in line with the agenda. The Chairperson must make the most of all his/her committee members and ‘lead the team'. This also involves regularly reviewing the Committee's performance and identifying and managing the process for renewal of the Committee through recruitment of new members. Another Councillor or the MERO or Deputy MERO will fill the role of Chairperson in the event of a casual absence. The position of Chairperson will be appointed by the Councillors in November each year, to hold the position for a period of one year or until Council appoints another Councillor in their place. In accordance with Section 76E of the Local Government Act 1989, a Councillor must not improperly direct or influence a member of Council staff in the exercise of any power or in the performance of any duty or function.

8. Meeting Frequency The Municipal Emergency Planning Strategic Committee will meet quarterly and following emergencies involving the Municipality, or as required from time to time. At least one quarterly meeting annually will be a full meeting for all members listed under the membership of the committee, ; all other meetings will involve the Strategic Committee and any agencies required as per the agenda.

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Benalla MEMPC – Terms of Reference November 2013January 2017

6

The Municipal Emergency Planning Committee is not required to give public notice of their meetings, and meetings are not required to be open to the public. Benalla Rural City Council will provide a suitable venue and catering for the Municipal Emergency Planning Committee meetings. Agencies are expected to provide representatives that are authorised and empowered to deliver outcomes.

9. Minutes and Agendas Calls for topics for the Municipal Emergency Planning Committee Agenda will be circulated to the full membership one monthtwo weeks prior to the Municipal Emergency Planning Committee Meeting. Members are to provide a written report to the Executive Officer outlining any agency specific emergency management actions and issues of interest to the Municipal Emergency Planning Committee not less than seven days priors to the meeting. Meeting minutes will be taken by the Executive Officer and circulated to the Municipal Emergency Planning Committee membership not later than fourteen seven days after the meeting. Reports to Council will be made where specific issues require a Council determination based on the recommendation of the Strategic Committee. Responsibilities and actions will be identified and given a timeline in the minutes. The meeting agenda will address the obligations of all agencies for both response and recovery at each meeting to facilitate the planning and evaluation of progress in both areas, as well as ensuring the common understanding of these responsibilities.

10. Sub-Committees & Working Parties The Municipal Emergency Planning Committee will determine the need to establish sub-committees or/ working parties in order to investigate and report on specific issues that will assist the Municipal Emergency Planning Committee in meeting its obligations under the Emergency Management Act 1986. The Municipal Emergency Planning Committee will determine the Terms of Reference and reporting timeframes for the sub-committees and/or working parties. The Municipal Emergency Planning Committee can delegate this task to the sub-committee or working party but will endorse or accept them at a quarterly meeting. The membership of any sub-committee and/or working party will consist of agencies and organisations represented on the Municipal Emergency Planning Committee, and other representatives deemed necessary by the Municipal Emergency Planning Committee Strategic. The established sub-committees will report to the Municipal Emergency Planning Committee for any actions to be undertaken and recommendations that will be required to go to Council. Minutes will be taken at all sub-committee / working party meetings and will be distributed in accordance with the Municipal Emergency Planning Committee Meeting minutes and agendas.

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Benalla MEMPC – Terms of Reference November 2013January 2017

7

11. Conduct and Interest Provisions

In performing the role of the Municipal Emergency Planning Committee Member, a person must: � Act with integrity

� Impartially exercise his/her responsibilities in the interests of the local community

� Not improperly seek to confer an advantage or disadvantage on any person

� Treat all persons with respect and have due regard to the opinions, beliefs, rights and

responsibilities of other persons

� Commit to regular attendance at meetings

� Not make improper use of information acquired because of their position or release information

that the member knows, or should reasonably know, is confidential information

Where a Councillor or officer declares a conflict of interest in relation to a matter in which the committee is concerned, they must disclose the interest to the committee before the matter is considered or discussed at the meeting. Disclosure must include the nature of the relevant interest and be recorded in the minutes of the meeting. The member must leave the room while the matter is being considered and may return only after consideration of the matter and all votes on the matter have been concluded. Where a community member has an interest or a ‘Conflict of Interest’ (as defined in the Local Government Act) in relation to a matter in which the committee is concerned, or is likely to be considered or discussed, the community member must disclose the matter to the group before the matter is considered or discussed. Disclosure must include the nature of the relevant interest or conflict of interest and be recorded in the minutes of the meeting. It will be at the discretion of the Chairperson if the community member remains or leaves the room whilst the matter is discussed, and this must also be recorded in the minutes of the meeting.

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References and Related Documents

ACTS

Building Act 1993 Bushfires Royal Commission Monitor Implementation Act 2011 Country Fire Authority Act 1958 Electrical Safety Act 1986 Emergency Management Act 1986 Emergency Management Act 2013 Environment Protection Act 1970 Fire Services Commissioner Act 2010 Local Government Act 1958 Planning and Environment Act 1987 Port Management Act 1995 Public Health & Wellbeing Act 2008 Radiation Act 2005 Road Management Act 2004 Road Safety Act 1986 Terrorism (Community Protection) Act 2003 Victoria State Emergency Services Act 2005 Water Act 1989 Water Industry Act 1994

REGULATIONS

Building Regulations 2006 Country Fire Authority Regulations 2004 Electrical Safety (Electric Line Clearance) Regulations 2010 Radiation Rregulations 2007

CODES OF PRACTICE

OTHER

Australian Emergency Manuals Series Emergency Management Manual Victoria Emergency Relief Handbook: A Planning Guide Local Government Emergency Management Handbook Neil Comrie Flood Review Victorian Bushfire Royal Commission Recommendations Victorian Emergency Management Reform White Paper Victorian Planning Schemes

12. Contact with the Media Contact with the media by Municipal Emergency Planning Committee members will be conducted in accordance with the Councillor and Staff Media Policies. Community members should defer any media requires to the Municipal Emergency Resource Officer (MERO) in the first instance and should take care not to respond as a representative of the committee.

13. Charter of Human Rights Compliance It is considered that this policy does not impact on any human rights identified in the Charter of Human Rights & Responsibilities Act 2006

14. Review Date The Terms of Reference will be reviewed at least every three four years. The nNext review is due in January 2021. An earlier review may be undertaken given the dynamic nature of the legislative changes in this area. third quarter meeting 2016.

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Benalla MEMPC – Terms of Reference November 2013January 2017

9

Benalla Rural City Council November 2013January 2017

PO BOX 227

BENALLA VIC 3671

(03) 5760 2600 [email protected]

www.benalla.vic.gov.au

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BENALLA RURAL CITY COUNCIL

Agenda – Planning and Development Committee 25 January 2017

10. 2016/17 Capital Projects Program status as at 31 December 2016 E282

Bryan Campbell – Manager Infrastructure Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report details progress of the 2016/17 Capital Projects Program as at 31 December 2016. BACKGROUND Capital projects are funded from general revenue and grant funding. The Council’s budgetary process allocates available funding to priority projects. The various Council departments are then charged with the responsibility of completing the approved projects within the financial year. Appendix 1 provides the status of current capital projects as at 31 December 2016. DISCUSSION Roads and Bridge Works Williams Road, Lima South bridge deck overlay works are progressing well, with the guard rails partially installed and the bypass track in place and operational. The existing bridge has been milled back to sound concrete and steel reinforcement has been placed in preparation for concrete to be poured. The project is funded by the Bridges Renewal Program and due for completion by March 2017.

Steel reinforcement on Williams Road bridge at Lima South

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Agenda – Planning and Development Committee 25 January 2017

The final seal has been completed on the Ackerly Avenue, Benalla bridge. Resealing works have been completed on the following sections of road:

� Tarnook Road, Goomalibee

� Sharps Road. Stewarton

� Goorambat-Dookie College Road, Stewarton

� Goorambat-Thoona Road, Goorambat

� Glenrowan-Boweya Road, Thoona.

Crack sealing preparation works for the 2017/18 resealing program have been completed on the following sections of road:

� Swanpool-Lima Road, Swanpool

� Boxwood Road, Devenish

� Bungeet Road, Bungeet

� Devenish-St James Road, Devenish

� Sayers Road, Thoona

� Winton-Glenrowan Road, Winton

� Molyullah-Tatong Road, Molyullah

� Basin Road, Goomalibee.

Contracts have been executed for the Webbs Road, Goomalibee bridge replacement, with works anticipated to commence mid-January 2017 subject to prevailing weather conditions. Designs are currently underway for bridge upgrades on roads, including Devenish-Wangaratta Road (Thoona), Goorambat-Thoona Road (Goorambat) and Feldtmans Road (Goorambat). Works on these bridges are expected to commence in the 2017/18 financial year. Benalla Airport The installation of the aviation fuel tank is on track and on ground works are complete with testing and commissioning to occur early 2017. Merchant banking arrangements are completed. The eastern runway extension has been delayed due to the continuous wet weather having a significant impact on accessing the site and on ground works are scheduled to commence on 27 February 2017. The installation of a security gate and fencing has been completed with the gate to be commissioned by February 2017. Regulatory signage has been installed with further signs to be ordered and installed in February 2017. The upgrade of the hardstand and the extension to the hangar access was completed by 21 December 2016.

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Agenda – Planning and Development Committee 25 January 2017

Sealing works being carried out on the hardstand at the Benalla Airport

Benalla Senior Citizens Community Centre Improvements A meeting was held with U3A in December 2016 to discuss the project. A meeting has been scheduled with the successful contractor for January 2017, with work to commence in February 2017. Komatsu Grader The new Komatsu Grader was delivered on 2 December 2016

New Komatsu Grader

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Agenda – Planning and Development Committee 25 January 2017

Procurement Activity The status of procurement activities is listed in the tables below:

Roads Number Activity Status CM16.038 Provision of asphalt regulation and stabilising

services for various Council roads 2016/17 Contract delivery and management

CM16.039 Gravel road re-sheet 2016/17 capital projects program

Contract delivery and management

CM16.040 Shoulder re-sheet 2016/17 capital projects program

Contract delivery and management

CM16.045 Provision of crack sealing services for various Council roads 2016/17

Work completed 30 November 2016

SF/2081 NDFA Flood restoration works Sep/Oct 2016 – gravel and shoulder resheets

Work completed 5 December 2016

SF/2081 BC NDFA Flood restoration works Sep/Oct 2016 – bridges and culverts

Work commenced due for completion mid January 2017

Bridges Number Activity Status CM16.002 Williams Road Bridge, Lima South strengthening

and bypass track Contract delivery and management

CM16.053 Webb Road Bridge, Goomalibee replacement Awarded – work to commence 15 January 2017

CM16.057 Tatong Moorngag Road Culvert Extension and endwall #446

Contract awarded

Airport Number Activity Status CM16.010 Sealing of apron pavement and access tarmac Completed with

practical completion 6 December 2016

CM16.012 East runway extension Awarded – work delayed till 27 February 2017

CM16.013 Fuel facility upgrade Completed pending set to work mid-January 2017

CM16.062 Fence and security upgrades Completed CM17.002 West glider strip extension and detention basin Planning stage CM17.003 Hangar precinct design Planning stage CM17.004 Concept design of detention basin – Stage 2 Planning stage

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Agenda – Planning and Development Committee 25 January 2017

Facilities Number Activity Status CM16.033 Churchill Reserve Netball Courts Awarded – work to

commence January 2017

CMQ14.037 Architectural design services for Aquatic Centre redevelopment concept

Not proceeding

Major Projects Number Activity Status CM15.032 Adventure Park Precinct Redevelopment – Toilet

replacement Completed with practical completion 14 October 2016

CM16.003 Adventure Park Precinct Redevelopment – landscape construction

Contract delivery and management

Major Plant Number Activity Status CM16.019 Acquisition of grader 2016/17 Delivered 18

November 2016

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces

� Community infrastructure is maintained in accordance with best practice asset management principles including roads, bridges, drains, footpaths, buildings and facilities.

� New and expanded community assets are planned and provided to meet community needs and expectations, and infrastructure performance standards.

� Community infrastructure and services in rural areas are planned and provided on the basis of a strategy developed in conjunction with local residents.

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

� Recreation and open space developments across our Rural City are planned and prioritised to maximise the health and enjoyment of our community.

FINANCIAL IMPLICATIONS The Capital Projects Program is funded from a combination of general revenue and grant funding. Available funding is allocated to priority projects through the Council’s budgetary process.

Recommendation: That the report be noted.

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Property

Land Improvements

Land Development

Business Growth Project (Enterprise Park Subdivision Stage 3A) Preliminaries

Buildings

Structure/Fit out

Senior Citizens Community Centre Refurbishment (Accommodation for U3A) WIP

Roof

Art Gallery Roof Repairs Not Started

Ride Avenue Pre-school Roof Repairs Completed

Demolition

Demolition of property at Mair Street (design and permits) Completed

Plant and Equipment

Plant, Machinery and Equipment

Major Plant

Plant Replacement - Road Grader 1 Completed

Mower WIP

Fixtures, Fittings and Furniture

Fixtures

BPACC lighting upgrade Not Started

BPACC Speakers WIP

BPACC Audio Sound Desk WIP

BPACC Conference Tables WIP

Computers and telecommunications

IT Project 2016/17 WIP

Upgrade to Spectrum Spatial Analysis (new GIS system) WIP

Infrastructure

Roads

Shoulder Resheeting

Shoulder_Bungeet Rd 7.500 - 11.400 WIP

Shoulder_Sayers Rd 0.00 - 4.375 WIP

Shoulder_Swanpool Rd 0.0 - 3.590 WIP

Shoulder_Trewin Rd 0.0 - 2.000 WIP

Gravel Road Resheeting

Resheet_Arnott Rd 0.0 - 2.020 WIP

Resheet_Hayes Rd 0.0 - 1.300 WIP

Resheet_Hunter Lane 1.540 - 2.900 WIP

Resheet_Moylan Rd 0.0 - 2.300 WIP

Resheet_Peck Rd 0.00 - 2.560 WIP

Crack Sealing

Crack Sealing_Boxwood Rd 4.190 - 9.600 Completed

Crack Sealing_Bungeet Rd 5.600 - 11.800 Completed

Crack Sealing_Devenish-St James Rd 0.00 - 1.800 Completed

Crack Sealing_Molyullah Tatong Rd 0.00 - 8.440 Completed

Crack Sealing_Sayers Rd 0.00 - 4.450 Completed

Crack Sealing_Swanpool-Lima Rd 0.00 - 4.000 Completed

Crack Sealing_Winton-Glenrowan Rd 1.940 - 4.450 Completed

Crack Sealing_Basin Rd - 0.830 - 2.080 Completed

Status of current capital projects as at 31 December 2016

Benalla Rural City

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Status of current capital projects as at 31 December 2016Regulation

Regulation_Baddaginnie-Benalla Rd 0.0 - 1.27 WIP

Regulation_Thoona-Boweya Rd 1.300 - 3.100 WIP

Regulation_Boxwood Rd 4.190 - 8.560 WIP

Regulation_Bungeet Rd 5.600 - 14.610 WIP

Regulation_Tarnook Rd 3.800 - 6.300 WIP

Regulation_Bourke Dr 0.00 - 0.200 WIP

Regulation_Coish Ave 0.00 - 0.650 WIP

Regulation_Evan James Dr 0.00 - 0.166 WIP

Regulation_Swanpool-Lima Rd 0.000 - 4.000 WIP

Regulation_Stewarton Rd 9.490 - 16.155 WIP

Regulation_Second Ave 0.00 - 0.080 WIP

Regulation_Old Thoona Rd 0.00 - 5.430 WIP

Regulation_Carrier St 0.00 - 0.690 WIP

Regulation_Upper Lurg Rd 0.00 - 2.220 WIP

Regulation_Glenrowan -Boweya Rd 1.330-3.800 Completed

Regulation_Devenish-St James Rd 0.00 - 1.800 WIP

Regulation_ _Winton-Glenrowan Rd 1.940 - 4.450 WIP

Regulation_Sayers Rd 0.00 - 4.450 WIP

Regulation _Molyullah Tatong Rd 0.00 - 8.440 WIP

Regulation_Saleyards Rd 0.00 - 1.180 WIP

Regulation_Stewart St 0.00 - 0.176 Not Started

Road Resealing

Reseal_Baddaginie - Benalla Road 0.00 - 1.27 Completed

Reseal_Cowan St 0.0 - 1.530 WIP

Reseal_Glenrowan-Boweya Rd 1.330 - 3.800 & 8.90 - 10.70 & 11.300 - 12.680 Completed

Reseal_Goorambat Dookie College Rd 1.00 - 1.700 Completed

Reseal_Goorambat Thoona Rd 0.00 - 2.800 Completed

Reseal_Olivers Rd 0.000 - 0.880 WIP

Reseal_Roe St 0.000 - 0.670 WIP

Reseal_Sharpe Rd 0.0 - 1.90 Completed

Reseal_Church St 0.000 - 0.220 WIP

Reseal_Bourke Dr 0.00 - 0.200 Not Started

Reseal_Coish Ave 0.000 - 0.665 Not Started

Reseal_Evan James Dr 0.0 - 0.390 Not Started

Final-seal_Tarnook Rd Completed

Reseal_Thoona-Boweya Rd 1.300 - 3.100 Not Started

Benalla Rural City

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Status of current capital projects as at 31 December 2016 Footpaths and cycleways

New Cycleway

Benalla Winton Wetland Cycle Trail WIP

Cycleway_Footpath- 53 Coster St to 136 Bridge St Not Started

Pedestrian Facilities

Smythe St Bus Shelter ( relocated to Church Street ) Completed

Bridges

Bridges

Bridge_Devenish-Wangaratta Rd #180 Preliminaries

Bridge_Devenish-Wangaratta Rd #347 Preliminaries

Bridge_Dookie-Devenish Rd #28 Not Started

Bridge_Feldtmans Rd #39 Preliminaries

Bridge_Wattle Creek Rd #123 Not Started

Bridge_Webbs Rd #323 Preliminaries

Bridge_Williams Rd #125 (BRP) WIP

Bridge_Stock Lane #() Not Started

Culvert

Tatong-Moorngag Road Culvert extension # 446 Preliminaries

Culvert - Kennedy Ck Sydney Rd (Price Road Culvert) Not Started

Drainage

New Drainage

Drainage Rehabilitation - Devenish Drainage Stage 1/2 Preliminaries

Recreational, leisure and community facilities

Sport facilities

Churchill Reserve Netball Courts WIP

Playground Equipment

Childrens adventure park redevelopment WIP

Waste Management

Containment Cell Construction / Equipment

Landfill - construction of cell 2 Preliminaries

Cell Capping / Rehabilitation

Landfill - Rehabilitation Stage 1 (design & Construct area 2-6) Preliminaries

Regional Landfill Study

Joint regional landfill solution Completed

Aerodromes

Airport

Airporort Redevelopment - Extension Glider Strip West (300m) (Fed) Preliminaries

Airport Redevelopment - Install New Safety Fencing & Gates (State) Completed

Airport Redevelopment - Install New Aviation Fuel Facility (State) WIP

Airport Redevelopment - Extension To Hangar Access & Upgrade Hardstand (State) Completed

Airport Redevelopment - Installation Of 30 Regulatory Signs (Council) WIP

Airport Redevelopment - Emergency Runway South-East Paddock (10,500m2) (Council) Completed

Airport Redevelopment - Extension Glider Strip East (Council) WIP

Airport Redevelopment - Construct Operations Amenities Building (Council) Not Started

Airport Redevelopment - Stormwater Retention Basin (Fed) WIP

Airport Redevelopment - Channel Drainage Maintenance (Fed) WIP

Airport Redevelopment - Water reticulation to glider gridding (Council) Completed

Benalla Rural City

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Agenda – Planning and Development Committee 25 January 2017

11. Development Department - activity report for the quarter ended 31 December 2016

SF/1546 Nilesh Singh – Manager Development

Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report details the activities of the Development Department for the quarter ended 31 December 2016. BACKGROUND The Development Department primarily provides a broad range of development services to the residents and ratepayers of the municipality. It frequently provides services to prospective new residents and to developers. The Development Department is responsible for services such as town planning, land use studies, environmental health matters, building services, domestic animal management, parking and enforcement of local and State Government legislation. The services provided by the professional staff of the unit are primarily statutory in nature, as the Council is required by various acts of parliament to provide specific regulatory services. The staffing and resources required to provide the services are largely funded by rate revenue, but are subsidised by fees collected for the services provided. In most cases there are also statutory regulations governing the level of fees that the Council can charge for the services provided. The following sections of this report set out a brief discussion of the highlights and issues for the Development Department operations for the quarter ended 31 December 2016.

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Agenda – Planning and Development Committee 25 January 2017

1. STRATEGIC PLANNING

1.1 State Planning Scheme Amendments The State Government makes changes to the state planning policy framework, zone provisions, overlay provisions, particular provisions, general provisions and definitions. In this quarter the State implemented one such amendment.

1.1.1 Amendment VC131 Amendment VC131 was included into the Benalla Planning Scheme on 24 November 2016 and made the following changes: � The amendment changes the Victoria Planning Provisions and all

planning schemes by amending Clause 52.19 - Telecommunications facility, to exempt a permit application for a telecommunications facility funded (or partly funded) under the Commonwealth Government's Mobile Black Spot Program from the notice and review requirements of the Planning and Environment Act 1987.

1.2 Benalla Rural City Council

The Council is also in the process of preparing a number of Planning Scheme Amendments. 1.2.1 Amendment C32 – Anomalies

A review of the current zonings of the Planning Scheme is currently being undertaken to ascertain which parcels of land have the wrong zoning applied. The purpose of the amendment is to rectify any errors in the zoning maps to reflect the correct zoning and/or use. At a Planning and Development Committee Meeting on 18 March 2015 the Council resolved to adopt the amendment and seek authorisation from the Minister for Planning to prepare the amendment. Since this time four more properties have been identified which required inclusion into the amendment. The report identifying these properties was submitted to a Planning and Development Committee meeting on 19 August 2015 where it was resolved to seek ministerial authorisation to include these sites in C32. The amendment was sent to the Department of Environment, Land, Water and Planning (DELWP) on 24 August 2016 for authorisation. DELWP authorised the amendment subject to conditions on 5 September 2016. Council staff are currently working through the conditions before obtaining consent from DELWP to exhibit the amendment. 1.2.2 Amendment C33 - Rezoning of Land at 48 Four Mile Road

A request has been received to rezone land at 48 Four Mile Road, Benalla from Farming Zone to General Residential Zone. The subject site is designated as an area for future residential growth within the Municipal Strategic Statement of the Benalla Planning Scheme.

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Agenda – Planning and Development Committee 25 January 2017

The Minister authorised was given for the amendment on 15 December 2014 and it was exhibited between 29 January 2015 and 3 March 2015. As a result of exhibition, three submissions objecting or requiring changes have been received. Two submissions requesting changes have been submitted by the Environmental Protection Authority and the Department of Environment, Land, Water and Planning. One objection has been received from and independent submitter. The proponent to the amendment is currently responding to the submissions. A further 12 month extension has been given to approve the amendment. 1.2.3 Amendment C36 – Rezoning of Land at 72-82 Samaria Road, Benalla

A request has been received to rezone land at 72-82 Samaria Road, Benalla from Industrial 1 Zone to General Residential Zone. The site contains a former carpet manufacturing use and is located on the south-west corner of Samaria Road and Coster Street, Benalla. After the proponent sought advice on the amendment from Council Officers and the Department of Environment, Land, Water and Planning with regard to the proposal and explanatory report; the application was lodged with the Council on 12 January 2017. Staff are currently assessing the documentation supplied and will report to the Council in the near future.

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Agenda – Planning and Development Committee 25 January 2017

2. STATUTORY PLANNING

2.1 Town planning quarter ended 31 December 2016

Activity Quarter

Dec 16 Sep 16 Dec 15

Total Planning Permit Applications received 40 38 42

Applications decided between 01/10/16 – 31/12/16 Permits / Notices of Decision Refusal Withdrawn Lapsed Applications

32 1 1 1

36 4 1 0

41 0 4 0

Applications active at 31 December 2016 22 17 15

Appeals lodged at VCAT for planning applications 1 0 1

Appeals pending at VCAT for planning applications 2 1 1

Number of VCAT decisions that did not set aside council’s decision in relation to a planning application 0 0 0

Amended applications 6 2 4

Processing times: Total applications decided under 20 working days 20 29 32

Total applications decided within 21 - 40 working days 12 6 8

Total applications decided within 41 - 60 working days 2 2 4

Total applications decided over 60 days 1 4 1

Median number of days between receipt of a planning application and a decision on the application. 17 12 22

Referrals: Applications referred to external authority (Sec 52) 12 36 24

Applications referred to external authority (Sec 55) 21 28 17

Timber Harvest Plans 10 12 3

Extension of Time for Planning Permits Granted 0 4 3

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Agenda – Planning and Development Committee 25 January 2017

2.2 Application category for applications decided during the quarter

2.3 Planning Permit Applications decided during December quarter 2016

(by decision time, per cent of total)

0 2 4 6 8 10 12

Change or extension of use

Alterations to a building structure or dwelling

Extension to existing building…

One or more new buildings

Single dwelling

Other buildings and works…

Demolition

Vegetation removal

Subdivision

Liquor License

Waiving of parking requirement

Signage

Telecommunications Facility

Other

57%

34%

6%3%

< 20 days

21–40 days

41–60 days

over 60 days

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Agenda – Planning and Development Committee 25 January 2017

2.4 Applications decided over 60 statutory days

Ref Location Description Comment Days

DA150 522 Whites Road, Warrenbayne

Use and development of land for a dwelling and to vary a restrictive covenant to alter the building envelope

Successful consultation process between the applicant and objector involving entering into a Section 173 Agreement with the Council to prevent building on another lot to the south of the site.

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2.5 Applications outstanding over 60 statutory days as at 31 December 2016

There were no applications outstanding over 60 statutory days as at 31 December 2016

2.6 Enforcement Planning enforcement is a high priority of the Planning Unit. The officers continue to undertake audits of planning permits to ensure compliance with conditions. The Planning Unit is actively pursuing compliance on the following matters:

High Priority

� A planning permit has been issued for a lifestyle festival subject to conditions. Festivals have been undertaken on the site not in compliance with the conditions of the planning permit. An enforcement order has been lodged with the Tribunal to seek enforcement with non-compliance of the permit conditions. It is expected that the enforcement order will be heard by the Tribunal on 24 May 2017.

� Vegetation Removal – Native vegetation has been removed from a roadside. Initial investigations are being carried out in conjunction with the Department of Environment, Land, Water and Planning to ascertain a future course of action with regard to the non-compliance.

� A planning permit was issued for a levy bank system in Stewarton. A complaint has been received that the owner of the land is not complying with the obligations of the permit through not thinning out a plantation appropriately. The plantation has been thinned, however the tree stumps and felled trees have not been removed from the site. Staff are liaising with the owner to ensure the tree stumps and felled trees do not impede overland water flows.

Medium Priority

� Vehicle Storage – An excessive amount of vehicles are being stored on a site. Council staff have met the owner on site and written to the owner to remove the cars from the site within two months. The number of cars on the site has been reduced and Council staff are monitoring the continued removal of vehicles from the land.

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Agenda – Planning and Development Committee 25 January 2017

� Contractor’s Depot – It has been alleged that a contractor’s depot use is being undertaken from a site. The land contains truck bodies and other miscellaneous stored items. To date Council Officers have conducted at least four site visits and have not been able to collate evidence that the land is being used as a Contractor’s Depot.

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Agenda – Planning and Development Committee 25 January 2017

3. BUILDING SURVEYING 3.1 The following table and chart set out a summary of the main activities

administered by the Building Services Unit during the quarter compared to previous quarters.

Quarter

Dec 16 Sep 16 Dec 15

Total number of permits issued 61 74 71

Dwellings/Re-locatable/Demolition Private Council

17 17 15

6 11

15 2

10 5

Alterations/Extension Private Council

6 12 6

4 2

6 9

1 5

Swimming Pools Private Council

9 5 6

0 9

2 3

3 3

Garages/Sheds/Carports/Re-stump/Fencing/Pergola Private Council

22 30 43

6 16

8 22

12 31

Commercial Private Council

7 10 1

2 5

5 5

1 0

Industrial Private Council

0 0 0

0 0

0 0

0 0

Total Cost of Works ($’000) 5,822 5,930 4,839

Building Certificates 81 73 59

Land Information Certificates 163 151 140

Building Notices/Orders 13 11 1

Complaints Received & Investigated 9 9 3

Inspections Undertaken 152 112 92

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Agenda – Planning and Development Committee 25 January 2017

3.2 Building Permits issued December quarter 2016 compared to previous quarters

Highlights The Building Unit has been busy carrying out mandatory and ad hoc inspections. The Building Unit has been working hard to develop good working relations with local builders, which has seen a number of local builders use the Council for the issuing of their building permits. The Building Unit has a new Administration Officer who commenced in late December 2016.

0 10 20 30 40 50

Dwellings/Re-locatable/Demolition

Alterations/Extension

Swimming Pools

Garages/Sheds/Carports/Re-stump/Fencing/Pergola

Commercial

Industrial Dec-15

Sep-16

Dec-16

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Agenda – Planning and Development Committee 25 January 2017

4. PUBLIC HEALTH

Summary of the main activities during December quarter 2016 compared to previous quarters

Activity Quarter

Dec 16 Sep 16 Dec 15

Food Act Registrations

Temporary food permits applications 4 5 2

Temporary food SOT - Streatrader 73 34 83

Food premises registration renewals 45 0 161

New food premises applications received 5 1 8

Transfer of food premises registrations 1 3 3

Inspection of above 80% Class 1 and 2 premises in accordance with Food Act

13 4 25

Total number of Class 1 and Class 2 food premises requiring an annual food safety assessment

118

118

-

Total number of food premises registered of notified in accordance with the Food Act 1984

305

305

-

Number of critical non-compliance outcome notifications and major non-compliance notifications about a food premises followed up

0

0

-

Number of critical non-compliance outcome notifications and major non-compliance notifications about a food premises

0

0

-

Food Act Surveillance

Food recalls 5 12 16

Inspections undertaken 0 1 22

Statutory sampling 0 0 7

Samples obtained for investigation purposes 0 1 0

Wastewater Management

New permit applications received 10 14 15

Permits issued 10 14 15

Systems finalised 14 8 10

Inspections undertaken 32 62 30

Building Report and Consent (unsewered areas) 4 4 12

Planning Referrals (unsewered areas) 8 10 15

Health Act Surveillance

New applications received 1 4 0

Transfers 0 0 1

Inspections undertaken (swimming pools and other premises) 0 0 0

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Agenda – Planning and Development Committee 25 January 2017

Activity Quarter

Dec 16 Sep 16 Dec 15

Tobacco Act Compliance

Number of test purchases conducted 0 13 13

Premises Sign and Tobacco Display Non-Comp 0 0 1

Educational visits undertaken/inspections 0 0 9

Complaints

Health/Environment 3 1 3

Food 5 1 3

Number of days between receipt and first response action for all food complaints

1

1

-

Immunisation Service

Community Care Session

Number of clients 48 51 49

Vaccinations administered 101 103 92

Waminda House Session

Number of clients 10 5 7

Vaccinations administered 13 13 11

Highlights Infants with Salmonellosis An unusual case of salmonellosis was investigated where a one year old had contracted the infection and by the time it was identified, a two year old in the same family had contracted the infection. Precautions were taken to ensure further spread did not occur within the family and friends and family day care. Respiratory Irritation A resident moved into a newly purchased house in November and leading up to Christmas noticed lights on 24 hours a day in the shed behind. The resident also reported breathing difficulties and fumes being emitted. The Police were notified in case there were suspicious activities occurring. There were no suspicious activates noticed and it was declared safe to proceed. Further investigations identified at the resident’s own property that during warmer weather, closing up the house was creating higher levels of volatile organic compounds within the house. Opening the house windows on the street side at night was also exposing the occupant to street plane tree pollens and hairs. Either or both of these could account for the respiratory irritation. The new resident appeared very relieved.

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Agenda – Planning and Development Committee 25 January 2017

The resident was advised to see a doctor in case there was another medical explanation and that precautions may need to be taken at times outdoors when the hairs and pollens on the tree may be disturbed. A large numbers of residents were affected by the Thunder Storm Asthma event when it occurred recently; many of whom had never suffered from asthma before.

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Agenda – Planning and Development Committee 25 January 2017

5. Compliance Unit

Activity Quarter

Dec 16 Sep 16 Dec 15

Animals - Domestic

Calls requiring follow-up 281 309 356

Official Warnings 4 4 0

Response calls 253 262 295

Impounded 69 107 133

Reclaimed from Council 39 98 -

Reclaimed from RSPCA 8 9 -

Number of animals registered as at 31 December 2016

3,386

Number of day between receipt and first response action of all animal management requests

1 1 -

Animals- Livestock

Calls requiring follow-up 28 34 49

Notice to Confine Livestock 0 1 1

Response calls 28 27 39

Impounded 0 0 0

Parking and Traffic

Calls requiring follow-up 16 19 11

Official Warnings 11 4 2

Abandoned vehicles 29 16 14

Environment Protection Act (Litter)

Calls requiring follow-up 11 12 18

Official Warnings 0 0 0

Local Law

Calls requiring follow-up 98 80 106

Notice To Comply 69 46 126

Environmental Health

Calls requiring follow-up 0 1 2

Official Warnings 0 0 0

Notices Issued 0 0 -

Infringement Notices

Local Law 2 0 2

Animals – Domestic / Livestock 7 11 16

Environmental Health / Environmental Protection Act 0 1 1

Parking / traffic 61 80 104

Fire prevention / environment 0 0 1

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Agenda – Planning and Development Committee 25 January 2017

Activity Quarter

Dec 16 Sep 16 Dec 15

Total withdrawn 7 4 7

Final demand 4 8 13

Number of successful animal management prosecutions

0 1 -

Building and Planning

Investigations 10 13 16

Ongoing 5 13 12

Completed 5 4 4

Compliance notices issued 0 0 0

Highlights Responding to domestic animal and livestock issues is a major activity of the Compliance Unit. During the quarter Council Officers received 281 calls with 253 relating to domestic animals at large and a further 28 related to wandering livestock. Three matters were heard in the Benalla Magistrates Court this quarter. The matters were in relation to offences under provisions of the Community Local Law 2009. All Local Law fines are $200 unless otherwise defined in the Local Law or by the Court. Two of the three defendants were each fined $300 with costs of $79.50 being awarded to Council. The other defendant receive a $200 fine with costs of $79.50 awarded to Council. There are currently seven cases prepared for court in February 2017.

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Agenda – Planning and Development Committee 25 January 2017

Permits Issued

3%10%

87%

Infringment Notices Issued

Alcohol / Local Law / FirePrevention

Animals - Domestic/Livestock

Parking / Traffic

0 5 10 15 20

Street Furniture

Advertising / Goods on the Footpath

Street Parties / Non Road Activities

Open Air Burning

Skip Bin on Road Reserve

General Permit

Livestock Grazing / Moving

Fundraising

Animals

Community Events

Section 13 - CFA Permit to Burn

Asset Protection Permit

Firewood Collection

Alcohol

Works within Road Reserve

Road Closure

Permits Issued

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Agenda – Planning and Development Committee 25 January 2017

6. Financial Status for the Development Department -quarter ended 31 December 2016

Net Cost YTD

Actual $’000

YTD Forecast

$’000

Variance (unfav) $’000

Comment

Compliance 215 248 33 Reduced call out expenditure

Planning 150 157 7 Awaiting legal fees invoices

Building 27 19 (8) Income was low and higher duties payment for staff member

Public Health 32 45 13 Income from registrations and awaiting implementation of domestic wastewater management plan implementation

Total 424 469 45

7. Fee dispensation

The Council adopted a policy for supporting community groups and others through fee dispensation or reduction and responding to other circumstances as warranted. As part of the policy, any requests for fee dispensation are to be reported quarterly to the Council. For the quarter ending 31 December 2016 the following proposals have been assessed under the policy.

Applicant Proposal/Permit Type Value of fee waived ($)

Tomorrow Today Foundation Planning Permit 1,080

Benalla Toy Library Goods on Display - A Frame 55

Probus Club of Benalla Lakeside

Community Event 55

Benalla Rural City Council Alcohol 55

Benalla Rural City Council Road Closure 55

Benalla Rural City Council Community Event 55

Benalla Street Party Inc. Street Parties 55

Benalla Street Party Inc. Alcohol 55

Benalla Rotary Club Community Event 55

Benalla Lions Club Street Trading 55

Freeza Committee Community Event 55

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Agenda – Planning and Development Committee 25 January 2017

Applicant Proposal/Permit Type Value of fee waived ($)

Australian Red Cross - Benalla Store

Goods on Display and Advertising Signs 55

Market Place Ministries Inc. (Lifestyle Gospel Church)

Community Event 55

Yooralla Street Trading 55

Benalla Lions Club Fundraising 55

Ms Joyce Blunt Fee Waiver – Animal Release Fee 82

Commemorative Working Party

General Permit 55

Commemorative Working Party

Community Event 55

Hume Veterans Cycling Club Non Road Activity 55

Lucy Lu Boutique General Permit- Busking 55

Salvation Army Fundraising 55

Salvation Army General Permit- Busking 55

Benalla Rural City Council - Freeza Committee

Community Event 55

Benalla Lions Club Community Event 55

Total $2,372

COUNCIL PLAN 2013 – 2017 IMPLICATIONS

Places and Spaces

� We will provide community places and spaces to meet the needs of our community and focus on thoughtfully planned growth to maintain and enhance the high amenity and character of our Rural City.

Our Natural Environment

� We will take a proactive and strategic approach to protect our natural environment and safeguard its ability to support our community into the future.

Recommendation:

That the report be noted.

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Agenda – Planning and Development Committee 25 January 2017

12. Infrastructure Department -activity report for the quarter ended 31 December 2016

SF/1545 Bryan Campbell – Manager Infrastructure

Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT

The report outlines the activities of the Infrastructure Department for the quarter ended 31 December 2016.

DEPARTMENT PROFILE

The Infrastructure Department delivers four key functions:

Operations

� Delivery of maintenance services to meet responsibilities under the Road Management Act

� Provide timely resolution to customer and Councillor requests

� Coordinate staff and resources to respond to emergency situations and play a key role in the administration of claims under the Natural Disaster Financial Assistance funding.

Asset Management

� Deliver best practice Asset Management, in accordance with the MAV STEP Guidelines in order to provide levels of service in a cost effective and sustainable way

� Maintain a register of Infrastructure Assets

� Prepared and submitted to the MAV the National Asset Management Assessment Framework (NAMAF) audit on both core and advanced asset management competencies

� Completed and submitted to the MAV the Asset Renewal Liability audit which assesses the renewal liability for council based on asset condition and budget allocation

� Geographic Information System management, including property numbering, property boundaries and maintenance.

Engineering

� Delivery of civil engineering reports that analyse the Council and community developments

� Delivery of the capital projects identified in the Council’s Capital Projects Program

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� Administer requests for engineering referrals and consents to Work Within Road Reserves

� National Heavy Vehicle Regulator (NHVR) written consents.

HIGHLIGHTS FOR THE QUARTER

Operations

Significant works for the quarter ending 31 December 2016 included:

� Flood repair works have been the most significant works undertaken in the quarter, with some repair work still to be completed. The most affected roads included Irvine Road, Thoona, Alexander Road, Thoona, Boweya Road, Boweya, Mitchell Road, Tatong, Old Lurg Road, Lurg and Glenrowan Boweya Road, Thoona.

� Embling Road, Upper Lurg drainage erosion caused by the recent flooding would have become a major issue if left not repaired, as this would have caused erosion of the property owner’s land and undermining of the road.

(left) Embling Road drainage damage, (right) Embling Road drainage rehabilitation

� Extensive joint works with Lima South Quarry have been undertaken on a soft spot on Williams Road, Lima South.

Asset Management

� Annual Review of Council’s asset management progress against the MAV National Asset Management Assessment Framework (NAMAF). This is to assess the progress Council is making against its goal to improve asset management outcomes and to gauge progress that is being made across the state to bring all Councils to a ‘Core’ level of maturity.

� The 2016 score card below when compared with 2015 shows a decline in the Levels of Service area, which require annual updates of departmental service plans for this to improve. There was an improvement in the Annual Report area

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and this is due to three out of the five requirements having been completed, with the two remaining currently in the advanced stage. The Strategic Longer Term Plan requires more development.

2016

2015

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� Completed Roads to Recovery funding quarterly report

� Commenced Stage 1 of developing and upgrading the corporate Geographical Information System to an industry standard web-based application. Liaising with Software vendors and IT department.

� Updated and maintained internal and external core spatial datasets

� Provided mapping assistance and training to various departments

� Internal and external requests included creating new mapping layers and information for the following:

- Mapped new plants and garden beds used in the RecLess project and forwarded information for inclusion in the public RecLess Community Gardens brochure

- Disabled parking, public seating, bike racks and public toilets for inclusion in the Access and Mobility brochure and Council assets

- identified and mapped heavy tow truck network on local roads for inclusion into VicRoads webpage for heavy vehicle network maps in Victoria and used internally

- provide Benalla Triatholon Club with up to date aerial imagery to assist with risk management and planning of the major event held in January

Engineering

� Delivery of capital projects is outlined in the Capital Projects Program presented in a separate report.

� Recent flood events has caused damage to bridges requiring inspections to be carried out. Some bridges have also required designs for rectification works to be completed, including Devenish Road and Creamery Lane.

� Provided engineering start up and progress inspections for subdivisions on Olivers Road, Benalla and Four Mile Road, Benalla.

� Provided technical assistance for Benalla Airport upgrade works.

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STATISTICAL DATA The table outlines requests for works received through the Asset Asyst program of inspection and Customer Request Management System.

Task Mar 2016 Jun 2016 Sep 2016 Dec 2016

Defects Overdue on Roads and Drains Safety Only Link Roads Collector Roads Access Roads

45 81 82

33 20 39

79 57 57

56 57 71

Defects overdue on footpaths safety only

24 31 30 34

Defects rectified Routine maintenance and safety

534 319 273 237

Defects and maintenance items outstanding

374 119 312 251

Customer Requests completed 268 442 551 499 Customer requests outstanding

6 2 10 34

Unsealed roads graded 108.8 km 107 km 91.5 km 156.05 km Sealed road shoulders graded 25 km 0 km 0 km 0 km After hours call outs 93 58 139 125

Task Mar 2016 Jun 2016 Sep 2016 Dec 2016

Road Inspections West A & B Urban, A and C Link and Collector East A&B Link and Collector Urban A&D Link and Collector Fire affected area of Boweya

Urban A & C and West A & C Link, Collector and Access Urban B & D Link, Collector and Access

Rural East A & B Link Collector & Access Urban B&D Link Collector & Access Night Audits West A & B Link & Collector

Rural East A & B Link Collector, Access & Limited Access Rural West A & B Link, Collector, Access & Limited Access Urban A, B, C & D Link, Collector & Access

Footpath Inspections

West Major Access and High Use, CBD and East High Use

CBD Footpaths & High Use Footpaths

Fireplug Inspections Urban D Urban A and rural

Urban B Urban C

Bridge Inspections Level 1 Level 1

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Task Mar 2016 Jun 2016 Sep 2016 Dec 2016

Rural Road numbers issued 15 9 8 7

NHV Road Manager Written Consents

14 27 6 18

Dial Before You Dig enquiries 165 145 292 254

M1s forwarded to the Spatial Information Division of DELWP to update the State mapping datasets with new addresses and Council Property Numbers and rectify anomalies

93 136 42 22

Maintenance and auditing parcels on mapbase

146 169 99 33

There was a large increase in Dial Before You Dig enquiries for the September and December quarters due to an increase in National Broadband Network (NBN) works within the municipality. ROAD, FOOTPATH, FIRE PLUG AND BRIDGE INSPECTION INTERVALS The inspection table shows that the road and footpath networks are split into four categories each. These inspections are carried out in line with the Road Management Plan and Footpath Management Requirements as tabled below.

Task Inspection Interval

(months)

CBD Paths 6

High Use Paths 9

Major Access Paths 12

Access Paths 24

Fire Plug inspections are carried out six monthly in all areas. Level 1 Bridge inspections are carried out six monthly. Level 2 Bridge inspections are carried out by a qualified Bridge Inspector. All Council bridges have Level 2 Bridge inspection carried out as part of a rolling program, with a third of bridges inspected each year.

Task Inspection Interval

(months)

Link Roads 3

Collector Roads 3

Access Roads 6

Limited Access Roads 12

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COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces

� Community infrastructure is maintained in accordance with best practice asset management principles including roads, bridges, drains, footpaths, buildings and facilities

� New and expanded community assets are planned and provided to meet community needs and expectations, and infrastructure performance standards.

� Community infrastructure and services in rural areas are planned and provided on the basis of a strategy developed in conjunction with local residents.

Our Natural Environment

� Drainage and flood mitigation strategies are developed for our Rural City.

Our Organisation

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

FINANCIAL IMPLICATIONS A summary of revenue and expenditure of the Infrastructure Department for the financial year ended 31 December 2016 compared to forecast is included in the table below.

Function Actual $’000

Forecast $’000

Variance (unfav) $’000

Comment

Grants Income (715) (712) 3

Infrastructure Support Net Cost

105 24 (81) Due to emergency events

Sealed Roads 140 137 (3)

Unsealed Roads 554 461 (93) Due to wet weather

Roadsides 144 167 23

Drainage 217 163 (54) Due to wet weather

Street Cleaning 23 33 10

Operation Support and Infrastructure Improvements

110 21 (89)

Due to wet weather

Bridge Maintenance 56 35 (21) Due to wet weather

Mechanics Workshop 35 52 17

Plant Operations Net Cost (157) (138) 19

Infrastructure Total 512 243 (269)

Significant flooding in the municipality during the December 2016 quarter led to repair works being required to several roads and bridges.

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Recommendation: That the report be noted.

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13. Facilities Department - activity report for the quarter ended 31 December 2016

SF/1544 Greg Robertson – Manager Facilities

Veronica Schilling – General Manager Development and Environment

PURPOSE OF REPORT The report details the activities of the Facilities Department for the quarter ended 31 December 2016. DEPARTMENT PROFILE The Facilities Department covers a broad range of functions which include: Parks and Gardens

The Parks Coordinator supervises a team of five field staff and also provides advice and support to the Council in relation to parks, gardens and open spaces. The responsibilities of the Parks and Gardens Unit include:

� parks, gardens and open space maintenance

� urban and rural township street tree and streetscape maintenance

� management of the Benalla Botanical Gardens

� management of Flood Mitigation Vegetation Clearance, Electrical Line

Clearance, and Roadside and Intersection Slashing contract projects.

Facilities Management

The Facilities Coordinator provides advice and support to the Council in relation to the ongoing maintenance and management of Council owned facilities. The functions of the Facilities Unit includes:

� programmed maintenance and inspection of all Council facilities

� management of the public facilities cleaning contract

� management of the Benalla Aquatic Centre contract

� management of the Benalla Airport and the Benalla Livestock Marketing Centre

� administration and project management of capital works relating to facilities.

Recreation Facilities Management

The Waste and Facilities Coordinator provides advice and support to the Council and the community in relation to the management of recreation reserves including maintenance management of built assets and sports surfaces, committee governance and grant funding. Support to the community is delivered by working closely with committees of management and includes active participation in the following committee meetings:

� Churchill Recreation Reserve Committee of Management

� Showgrounds Recreation Reserve Committee of Management

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� Benalla Gardens Oval Reserve Committee of Management

� Racecourse Reserve Advisory Committee

� United Friendlies Reserve Committee of Management

� Benalla Indoor Recreation Centre Committee of Management

� Goorambat Recreation Reserve Committee of Management.

Waste Management

The Waste and Facilities Coordinator supervises a team of staff to provide advice and support to the Council in relation to the strategic and regulatory management of the Landfill Resource and Recovery Centre. Waste Management became a function of the Facilities Department on 1 July 2016 with the aim of allocating greater Council resource to waste management. The Units function covers:

� strategic planning for the ongoing operation and rehabilitation of the Benalla

Landfill Resource and Recovery Centre

� operational management of the landfill and staff

� compliance with the terms and conditions of the Environmental Protection

Authority waste licence and liaison the Environmental Protection Authority

� coordination of various contractor engagements to undertake scheduled

environmental monitoring of ground water and gasses at the facility

� management of the kerbside and street bin waste, recycle and organics

contracts.

HIGHLIGHTS OF QUARTER Activities undertaken by the Facilities Department during the quarter ended 31 December 2016 included: Parks and Gardens

� top dressing of various nature strips

� herbicide spraying program implemented for all parks and reserves

� playground inspections and repairs

� uplift pruning for footpaths and roads of nature strip trees

� the Council, in partnership with the Alpine Shire, continue to implement the

RecLess open space project by commencing garden bed planting

� engagement of Green Army through collaboration with Goulburn Broken

Catchment Management Authority for a total of 12 days. The six Green Army

staff were engaged to eradicate woody weeds, Acacia saligna from the Mokoan

biolink channel and Fraxinus species from the Faithfull Street end of the Broken

River

� liaising with various stakeholders and assistance in the Barkly Street memorial,

Benalla Festival and emergency management exercise ‘Blue Sky’.

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Agenda – Planning and Development Committee 25 January 2017

Road reserves

� contract commencement of CM16.042 Roadside slashing for all township

entrances

� contract commencement of CM16.061 Roadside spraying all township

entrances.

Trees

� urban roadside tree pruning maintenance works were undertaken

� commencement of second round of powerline clearance works. An

unprecedented amount of tree canopy growth was recorded. Several ash trees

were found to have grown shoots exceeding 1.5m. The active growth is thought

to be due to the wet winter and spring

� seven tree removals due to soil saturation and two trees removed as a

consequence of a vehicle accident in Ackerly Avenue.

Benalla Botanical Gardens

� fertilising turf and garden beds

� broadleaf spraying turf areas

� replacement planting and mulching of various garden beds

� assistance in the delivery of new toilet block and the redevelopment of the

Adventure Park children’s playground

(left) repainted Rocket Slide, (right) new play equipment and toilet block

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Agenda – Planning and Development Committee 25 January 2017

Benalla Saleyards

� various maintenance tasks including noxious weed control, repairs to kitchen

leaking roof, replacement on pen fencing and repairs to truck wash and water

troughs.

Benalla Airport

� completion of herbicide spraying and replacement of drainage pit lids

� site preparations for the World Gliding Championship in January 2017

� installation of security gate and fencing

� installation of regulatory signs to the boundary fence and main entry

� installation of new fuel facility bowsers, electrical and tanks

� completion of hard stand and hangar access track.

Hangar access track

Infrastructure Services Depot

� cleaning of carpets

� lowering of sink in Workshop Shed

� unblocking of drain at Dog Boxes.

Customer Service Centre

� brochure stands placed in upstairs kitchen for promotional information.

� updated Material Safety Data Sheets (MSDS) books and a chemical register

created.

Art Gallery

� replacement of halogen globes in foyer lights.

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Agenda – Planning and Development Committee 25 January 2017

� repairs to Gallery Café as per health inspectors report – painting, sealing and

regluing cabinetry

� installation of new shelves at rear door for Gallery Café

� the Manager Facilities and the Manager Finance are working with Maddocks

Lawyers to resolve an electricity consumption dispute with the electricity supplier

for the Gallery. The supplier believes an incorrect multiplier was applied to the

electricity meter by their metering contractor on 1 December 2012, resulting in

under billing for the site from that date.

Visitor Information Centre

� repairs to door counter

� update of Material Safety Data Sheets (MSDS) books and a chemical register

created.

Benalla Performing Arts and Convention Centre

� exit and emergency light test conducted. Repairs completed to auditorium exit

and emergency lights.

Churchill Reserve Committee of Management

Facility Management

� following an under subscribed tender process for the Netball Court upgrade

further proposals were sought from local contractors. A local contractor was

awarded the job and has commenced the construction of the netball courts. It is

anticipated that final completion will be achieved in late February 2017

Netball Court Upgrade works

� the committee of

management is also

advancing a project to

upgrade the current

irrigation system. The

works include the upgrade

of the existing tank from the

current 25,000 litre volume

to 110,000 litre volume.

Quotes have been received

and are currently being

reviewed.

Governance

� all funding agreements are due for renewal.

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Agenda – Planning and Development Committee 25 January 2017

Benalla Sports and Equestrian Centre Advisory Committee

Facility Management

� The Benalla Sports and Equestrian Centre Oval have formed a sub-committee to

drive the ‘Raise the Roof’ project. A project aimed at raised funds to construct

and apron across the existing sand arena to increase use of the facility this group

has raised over $20,000 towards the project.

Benalla Show Grounds Reserve Committee of Management

Facility Management

� the spectator shelter structure adjacent to the netball courts has been completed

� a sub-committee has been formed with representatives of all reserve user groups

to establish a project scope for the upgrade of the pedestrian surface areas

around the reserve. The WFC is assisting with the proposal with a view to

applying for funding under the Country Football and Netball program. Further

information is being sought to establish whether a cultural heritage management

plan is required

� the Committee of Management has commenced significant oval surface remedial

works including dethatching (January 2017) and over sowing (February 2017)

prior to the commencement of the 2017 football season

Governance

� all funding agreements are due for renewal.

United Friendlies Reserve Committee of Management

Facility Management

� the Committee of Management has commenced the top dressing of the oval and

has also engaged community corrections to commence grounds keeping duties

under the community works partnership scheme

Governance

� all funding agreements are due for renewal

Benalla Indoor Recreation Centre Committee of Management

Facility Management

� the Council in conjunction with the Committee of Management have installed

LED lighting on Court 3 significantly reducing electricity consumption and

improving the general safety of user groups and participants

� the Council has installed additional vents at the kiosk to improve passive

ventilation through this area

Governance

� all funding agreements are due for renewal

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Goorambat Recreation Reserve

Governance

� Committee of Management to be established, interest from the Tennis Club and

Football Club, awaiting nominations of members

� all funding agreements are due for renewal

Gardens Oval Committee of Management

Facility Management

� the Committee of Management has commenced significant oval works including

the de-thatching of the oval completed in December 2016

Gardens Oval

� the Committee of Management has also engaged contractors to repair several

roof leaks in the grandstand which in significant rain events were impacting the

internal building

Governance

� all funding agreements are due for renewal

Grants

The Waste and Facilities Coordinator is assisting preparation of the following grant applications with community groups:

� Churchill Recreation Reserve Committee of Management – upgrade of playing

surface irrigation system and lighting

� Showgrounds Recreation Reserve Committee of Management – upgrade of

cattle pavilions and improvement of facilities surrounding netball courts, upgrade

of public toilets, upgrade of pedestrian access

� Gardens Oval Reserve Committee of Management – upgrade of existing fence.

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Agenda – Planning and Development Committee 25 January 2017

� Benalla Sports and Equestrian Advisory Committee – ‘Raise the Roof’ -

construction of an undercover arena

� United Friendly Society Reserve Committee of Management – upgrade of netball

courts and facilities

Community Programs - Valley Sport

In accordance with action points within the 2015 Strategic Recreation Plan, Council and Valley Sport Have continued to meet local to provide assistance around governance, participation, club advocacy and grants. A new officer has been appointed for Benalla Rural City Council and meetings with local recreation groups commenced in December 2016.

Benalla Aquatic Centre Re-Development

The project is on hold pending the establishment of priorities in the Council Plan 2017-2021. Benalla Landfill and Resource Recovery Centre (BLRRC)

Contract meetings were held with Cleanaway Transpacific, VATMI Endeavour, Western Composting and Mansfield Shire Council. The Benalla Landfill and Resource Recovery Centre is a Council-owned facility providing municipal waste disposal and recycling facilities to the community. The centre is staffed and operated by the Council under an EPA licence. 53V Audit Recommendations

A 53V ‘risk of harm’ audit is most commonly used by the Environmental Protection Agency (EPA) to understand the risk to the environment posed by landfilling activities, and to validate that previous non-compliances have been addressed. The following works have been undertaken to address the current non-compliances: � leachate pumps – automated pumps are now installed on 3 of the 6 leachate

wells. It is anticipated that the three remaining wells will have pumps installed in February 2017

� relocation of waste – waste that was stockpiled during the closure of the landfill was relocated to the active cell by a local earthmover. A total of approximately 15,000m3 was relocated into the new landfill cell in November 2016, this amount of waste equates to approximately 5 months of waste reducing the expected life of the cell to approximately 2.5 years

� commissioning of monitoring bores – environmental consultants were engaged to

provide quality assurance and project management activities to commission 14 monitoring bores around the perimeter of the licensed landfill premises. These bores have been installed and monitoring will commence in January 2017

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� installation of level boards – level board indicators have been installed at the Leachate Pond and Stormwater Dam. Level indicators are to assist operators visually monitor levels in areas.

Level board indicator

Other Activities

Corrections Victoria Community Works Program – Council staff have continued to actively engage Corrections Victoria works supervisors to oversee small groups to undertake general day to day activities within the licensed landfill premises including; litter control, infrastructure repairs and grounds keeping. Positive feedback has been received from staff and the public since the commencement of this project.

North East Waste and Resource Recovery Group

The North East Waste and Resource Recovery Group is currently overseeing a collaborative procurement process for the disposal of Ewaste (electrical appliances and computer hardware received at the BLRRC). It is envisaged the successful contractor will be able to provide the processing of councils Ewaste at a significantly reduced cost, this process will conclude in February 2017. STATISTICAL DATA The table outlines requests for works received through the Customer Request Management System.

Task Mar 2016

Jun

2016

Sep

2016

Dec 2016

Parks and Gardens Customer Requests completed

142 97 98 170

Parks and Gardens Customer Requests outstanding

0 2 3 1

Facilities Customer Requests completed 13 30 104 36

Facilities Customer Requests outstanding 0 4 14 2

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Recreation Facilities

The table below outlines the number of recreation reserve site inspections and governance reports completed for the December 2016 quarter.

Location Mar 2016

Jun 2016

Sep 2016

Dec 2016

Churchill Recreation Reserve 1 1 1 1

Benalla Showgrounds Recreation Reserve 1 1 1 1

Benalla Gardens Oval Reserve 1 1 1 1

Benalla Sports and Equestrian Centre 1 1 1 1

United Friendlies Reserve 1 1 1 1

Benalla Indoor Recreation Centre 1 1 1 1

Goorambat Recreation Reserve 1 1 1 0

The table below presents the number of recreation reserve Committee of Management meetings attended by the Waste and Facilities Coordinator.

Location Mar 2016

Jun 2016

Sep 2016

Dec 2016

Churchill Recreation Reserve 2 2 1 1

Benalla Showgrounds Recreation Reserve 1 1 1 1

Benalla Gardens Oval Reserve 1 1 1 1

Benalla Sports and Equestrian Centre 1 1 1 1

United Friendlies Reserve 2 2 1 1

Benalla Indoor Recreation Centre 1 1 1 1

Goorambat Recreation Reserve 0 0 0 0

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Agenda – Planning and Development Committee 25 January 2017

FINANCIAL IMPLICATIONS

A summary of revenue and expenditure of the Facilities Department for the quarter ended 31 December 2016, compared to budget, is included in the table below.

YTD Actual $’000

YTD Forecast

$’000

Variance (unfav) $’000

Facilities, Recreation, Parks and Gardens

1,267 1,237 30

Waste Management 1,320 1,063 257

Total 2,587 2,300 287

COUNCIL PLAN 2013-2017 IMPLICATIONS

Places and Spaces

� Community infrastructure is maintained in accordance with best practice asset management principles including roads, bridges, drains, footpaths, buildings and facilities

� Improvements to restore the health, amenity and usability of Lake Benalla and the foreshore environment are planned and implemented in partnership with others

� Recreation and open space developments across our Rural City are planned and prioritised to maximise the health and enjoyment of our community.

Our Organisation

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

Our Natural Environment

� Our waste management and minimisation services are efficient and reflect best practice. Our Rural City is important in the region, providing opportunities for modern waste processing

� Increase the recovery of resources, minimise waste disposal to landfill and promote opportunities for new waste management facilities.

Recommendation:

That the report be noted.

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Closure of Meeting

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