agenda of council meeting - 22 july 2015 · and i would like to welcome members of the public in...

Ordinary Council Meeting

22 July 2015

Council Chamber, Town Hall, Sturt Street, Ballarat

AGENDA

Public Copy

Council Meeting Agenda 22 July 2015

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NOTICE IS HEREBY GIVEN THAT A MEETING OF BALLARAT CITY COUNCIL WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, STURT STREET,

BALLARAT ON WEDNESDAY 22 JULY 2015 AT 7.00PM.

Anthony Schinck Chief Executive Officer

AGENDA ORDER OF BUSINESS:

1. OPENING DECLARATION

Councillors: “We, the Councillors of the City of Ballarat, declare that we will carry out our duties in the best interests of the community,

and through collective leadership will maintain the highest standards of good governance.”

Mayor: “I respectfully acknowledge the Wadawurrung and Dja Dja Wurrung People,

the traditional custodians of the land, and I would like to welcome members of the public in the gallery.”

2. APOLOGIES FOR ABSENCE

3. DECLARATION OF CONFLICTS OF INTERESTS

4. CONFIRMATION OF MINUTES

5. PUBLIC QUESTION TIME & REPRESENTATIONS ON AGENDA ITEMS .... 4

NOTE – ALL PUBLIC REPRESENTATIONS WILL BE HEARD BEFORE EACH ITEM ON THE AGENDA.

6. MOTIONS ON NOTICE (Nil)

7. GENERAL BUSINESS WITHOUT NOTICE

8. COUNCILLOR/DELEGATES’ REPORTS

9. PETITIONS (Nil)

10. MAYOR'S REPORT ........................................................................................ 5

10.1. MAYOR'S REPORT MARCH TO JUNE 2015 ....................................... 5

11. CHIEF EXECUTIVE OFFICER'S REPORT ................................................... 14

11.1. CHIEF EXECUTIVE OFFICER'S REPORT ......................................... 14

12. OFFICER REPORTS .................................................................................... 18

12.1. PLP/2014/520 PLANNING PERMIT APPLICATION AND COMBINED AMENDMENT C186 PETER STEVENS MOTORWORLD EXPANSION - POST PANEL CONSIDERATION .... 18


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12.2. PLP/2014/956 316 BARKLY STREET AND 313 RUSSELL STREET BUNINYONG DEVELOPMENT OF 8 DWELLINGS ON A LOT .................................................................................................. 24

12.3. DRAFT BALLARAT STRATEGY - POST EXHIBITION ....................... 38

12.4. BALLARAT HERITAGE WEEKEND 2015 ........................................... 45

12.5. CONTRACTS APPROVAL SPECIAL COMMITTEE REPORT TO

COUNCIL - 24 JUNE 2015 .................................................................. 50

12.6. ASSEMBLY OF COUNCILLOR RECORDS ........................................ 52

12.7. OUTSTANDING QUESTION TIME ITEMS REPORT .......................... 54

13. GENERAL BUSINESS - MATTERS ARISING FROM THE AGENDA

14. ITEMS IN CAMERA - CONFIDENTIAL REPORTS ....................................... 56

14.1. NATIONAL STRONGER REGIONS FUND ROUND TWO .................. 56 (Contractual matters)

14.2. BALLARAT AQUATIC LIFESTYLE CENTRE ...................................... 57 (Contractual matters)

14.3. CONFIDENTIAL ATTACHMENT - CONTRACTS APPROVAL SPECIAL COMMITTEE REPORT TO COUNCIL - 24 JUNE 2015 ...... 58 (Contractual matters)

The next Ordinary Meeting of the Ballarat City Council will be held on Wednesday 12 August 2015.


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QUESTION TIME

Question Time will be for a period of 30 minutes;

Questions submitted must begin with the submitters name and suburb;

No person may submit more than two questions at any one meeting;

If two questions are submitted, the second question may be deferred until all other questions have been asked, or may not be asked if the time allotted for public question time has expired;

A question may be disallowed if the Chair determines that it: o Relates to a matter outside of Councils responsibility; o Is defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable

in language or substance; o Deals with a subject matter already answered; o Is aimed at embarrassing a Councillor or a member of Council Officers; o Relates to personnel matters; o Relates to the personal hardship of any resident or ratepayer; o Relates to industrial matters; o Relates to contractual matters; o Relates to proposed developments; o Relates to legal advice; o Relates to matters affecting the security of Council property; and/or o Relates to any other matter which Council considers would prejudice Council

or any other person.

A Councillor or the Chief Executive Officer may require a question to be put on Notice. If a question is Taken on Notice, the answer to it must be incorporated in the Minutes of Council and a written copy of the answer sent to the person who asked the question; and

A Councillor or the Chief Executive Officer may advise Council that an answer should be given in a meeting closed to members of the public and why.

PUBLIC SUBMISSIONS

1. Representatives must register by 4.30pm on the day of a Council meeting by contacting the City of Ballarat Governance Unit on (03) 5320 5535. No unregistered Public Representative will be allowed to speak.

2. The Representative will be given three to five minutes to address the meeting, with

extension of time at the discretion of the Chair. 3. Any Councillor can ask questions of the Representative. 4. The Chair may limit the number of Representatives on any particular Agenda Item. All representations must relate to items on the Agenda and will be heard prior to each respective Agenda Item.


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10.1 MAYOR'S REPORT MARCH TO JUNE 2015 Division: Governance Director: Glenn Kallio Author/Position: Toni Hewett - Executive Assistant to Mayor & Councillors

RECOMMENDATION Council resolves to: 1. Receive the Mayor’s Report for March 2015, April 2015, May 2015 and

June 2015. EXECUTIVE SUMMARY

Mayor’s Report for the period 1 March to 30 June 2015. DELEGATIONS 6-Mar-15 Cr Johnson Backyard Tasters 15-Mar-15 Cr Innes Opening of the Courage to Care Exhibition 19-Mar-15 Cr Innes BRT Autumn 2015 Industry Event 21-Mar-15 Cr McIntosh Opening of the Eyre Street Croquet Courts 22-Mar-15 Cr Innes Victorian Women's Country Carnival Opening

Dinner 26-Mar-15 Cr Innes Civic Function - The 16th International

Symposium on School Life and School History Museums and Collections

17-Apr-15 Cr Coltman Victorian Dance Festival 23-Apr-15 Cr McIntosh BHS Annual Service Recognition Award

ceremony – 25, 30, 35, 40 & 45 years 29-Apr-15 Cr Innes Parks and Leisure Australia Vic/Tas Region State

Conference 1-May-15 Cr Coates Official Welcome of the East Timor Delegation 1-May-15 Cr McIntosh Transition Exhibition' Event at Civic Hall 1-May-15 Cr Hudson YMCA Contractors Thank You Event 6-May-15 Cr McIntosh Opening of the #LovelyWar Exhibition 10-May-15 Cr McIntosh Ballarat Horse Trials 24-May-15 Cr Hudson Variety House Project Launch 5-Jun-15 Cr Coates Smart Living Ballarat Opening 13-Jun-15 Cr McIntosh The People's Hall - Exhibition Celebration 15-Jun-15 Cr Innes Civic Function - Refugee Week Launch 2015 18-Jun-15 Cr McIntosh Refugee Week Ecumenical Service 26-Jun-15 Cr Innes ConatinART Morning Tea for Ballarat Health

Services MAYORAL ACTIVITIES Date Activity 2/03/2015 Meeting - Chief Executive Officer (CEO) Performance Review

Special Committee 2/03/2015 Meeting - Council officers regarding Saleyards 2/03/2015 Meeting - General Manager, People and Communities


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2/03/2015 Meeting - Residents 2/03/2015 Attended - Ballarat Western Link Road (BWLR) Stage 1A drop-in

information session 2/03/2015 Meeting - Resident 2/03/2015 Attended - Saleyards drop-in open house consultation session 2/03/2015 Attended - Friends of the Ballarat Botanical Gardens drop-In

meeting 2/03/2015 Meeting - Cardigan Village Community meeting 3/03/2015 Media - Inclusive Play Space Plan 3/03/2015 Meeting - General Manager, City Infrastructure 3/03/2015 Meeting - Arch of Victory/Avenue of Honour Advisory Committee

meeting 3/03/2015 Meeting - Peter Ridsdale, Thorney Properties 3/03/2015 Attended - Saleyards Drop-in open house consultation session 4/03/2015 Meeting - Growth and Development Portfolio 4/03/2015 Meeting - Council officer regarding Civic Function 4/03/2015 Meeting - CEO and The Hon. Natalie Hutchins MP, Minister for Local

Government 4/03/2015 Attended - Western Bulldogs Civic Function 4/03/2015 Meeting - Council officers regarding Aviation Emergency Services

Hub 4/03/2015 Special Council Meeting to hear Submissions regarding rail level

crossing 4/03/2015 Meeting - Contracts Approval Special Committee 4/03/2015 Councillors' Assembly Meeting 5/03/2015 Meeting - Ballarat Airport Advisory Committee meeting 5/03/2015 Attended - Opening and Blessing of the Mary's Mount Centre 5/03/2015 Media - Begonia Festival and Installing of the LEGO Flower with

Ryan McNaught 5/03/2015 Media - WIN TV 5/03/2015 Meeting - Resident regarding Black Hill Pool 6/03/2015 Meeting – Ranata Stiramon, Director, Dr Thomas Ting, CEO of

Sammitr and James Meaden, Chairman and Matt Kirwan-Hamilton of Brimarco

6/03/2015 Media - Begonia Festival: Begonia Display sneak peak 6/03/2015 Attended - Tour Avalon Airbase and inspection of Airtankers 7/03/2015 Attended - Bi Annual St Piran's Day Celebration 9/03/2015 Media - Power FM regarding Begonia Parade 11/03/2015 Meeting - Council officer regarding Aquatic Strategy 11/03/2015 Media - WIN TV 11/03/2015 Meeting - Residents regarding dust arising from transfer station

operations 11/03/2015 Meeting - CEO, Joshua Morris MP, Member for Western Victoria and

Craig Ondarchie MP, Shadow Minister for Investment and Jobs and Shadow Minister for Trade

11/03/2015 Statutory Council meeting 12/03/2015 Media - ABC Radio 12/03/2015 Meeting - Civic Hall Partnership Group 12/03/2015 Attended - Opening of 2015 Central West Rural and Regional

Homework Club Forum 12/03/2015 Media - 3BA Radio 12/03/2015 Media - WIN TV 12/03/2015 Meeting - General Manager, People and Communities 12/03/2015 Attended - Presentation of Foundation for Young Australians (FYA)

Scholarships 12/03/2015 Attended - CBD 40km/h Speed Limit Drop-in Session


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13/03/2015 Attended - 2015 NAB Challenge Breakfast 13/03/2015 Media - Photo Opportunity for HamonyFest 13/03/2015 Meeting - Ballarat Strategy Steering Committee Meeting 13/03/2015 Meeting - Cr Innes 13/03/2015 Media - Turning on the water at YMCA Pool 14/03/2015 Attended - Premier’s Gala Dinner to welcome Cultural Diversity

Week 15/03/2015 Attended - Closing Ceremony of Chinese Cultural Festival 16/03/2015 Meeting - General Manager, City Infrastructure 16/03/2015 Media - WIN TV 16/03/2015 Meeting - General Manager, City Strategy 16/03/2015 Meeting - General Manager, People and Communities 16/03/2015 Meeting - Cr Innes 16/03/2015 Meeting - Council officer regarding Economic Strategy 16/03/2015 Meeting - Harmony Fest working group meeting 16/03/2015 Meeting - Engaging Community Townships meeting 17/03/2015 Attended - 'Listen Up Grown Ups' Consulting Children Forum 2015 17/03/2015 Attended - St Patrick's Mass: Feast of St Patrick 18/03/2015 Meeting - Council officers regarding relocation of dwelling at 1414

Gregory Street 18/03/2015 Meeting – General manager, City Infrastructure, Cr Crompton, Cr

Rinaldi and Michelle Eeles, RSPCA regarding the Animal Shelter at Gillies Street

18/03/2015 Meeting - Contracts Approval Special Committee 18/03/2015 Councillors' Assembly Meeting 19/03/2015 Attended - Spotlight Store Reopening 19/03/2015 Attended - BRT Autumn 2015 Industry Function 20/03/2015 Meeting - Growth and Development Portfolio 20/03/2015 Meeting - CEO 20/03/2015 Meeting - Cr Innes 20/03/2015 Attended - Rotary Ride for Research Dollars 20/03/2015 Attended - 2015 VET Awards for Excellence Celebration 22/03/2015 Attended - Harmony Fest 2015 Parade of Nations 23/03/2015 Meeting - General Manager, City Infrastructure, General manager,

City Strategy, Cr Crompton and Cr Rinaldi regarding Lake Wendouree Boat Sheds

23/03/2015 Meeting - Ewan Nevett, VicRoads 23/03/2015 Attended - Book Launch 'Mullawallah: The Last King Billy of Ballarat' 23/03/2015 Attended - Opening of the Miners Rest Kindergarten with The Hon.

Jenny Mikakos MP, Minister for Families and Children 24/03/2015 Meeting - Civic Hall Partnership Group 24/03/2015 Attended - March Citizenship Ceremony 24/03/2015 Meeting - Council Digital Strategy Development 24/03/2015 Attended - Launch of Smoking Policy for health and education

facilities, The Hon. Jenny Mikakos MP, Minister for Families and Children

24/03/2015 Meeting - Resident regarding Black Hill Pool 24/03/2015 Meeting - CEO, John Kilgour and Judy Verlin, Committee for Ballarat 26/03/2015 Attended - Central Highlands Councils, Canberra 26/03/2015 Attended - Pre-Dinner Gathering with Corporal Mark Donaldson VC 26/03/2015 Attended - 100 Years of ANZAC Round Table Dinner 27/03/2015 Meeting - Resident 27/03/2015 Meeting - Council officer and Brett Edgington, Trades Hall 27/03/2015 Attended - Opening of new Berry Street offices 27/03/2015 Meeting - Cr Innes 27/03/2015 Meeting - General Manager, City Infrastructure


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27/03/2015 Attended - Ballarat Memorial Sports Annual Presentation Night 29/03/2015 Attended - Youth Council Leadership Day 30/03/2015 Meeting - General Manager, City Strategy 30/03/2015 Meeting - General Manger, People and Communities 30/03/2015 Meeting - General Manager, City Infrastructure and Council officers

regarding Regional Motor Sport Update 30/03/2015 Attended - Tour of Ballarat Aquatic and Lifestyle Centre 30/03/2015 Meeting - General Manager, City Infrastructure regarding Capital

Roads Program 30/03/2015 Attended - New Residents Function 31/03/2015 Attended - Launch of 2015 Harwood Andrews Golden Plate Awards 31/03/2015 Attended - 2015 Business Excellence Awards Launch 1/04/2015 Meeting - Saleyards Advisory Committee Meeting 1/04/2015 Meeting - Saleyard Agents regarding New Site Development 1/04/2015 Meeting - Council officer regarding Civic Hall 1/04/2015 Meeting - Cr Rinaldi 1/04/2015 Meeting - Council officer regarding Civic Hall 1/04/2015 Media - WIN TV 1/04/2015 Meeting - Ammon Beyerle, Here Studios 1/04/2015 Meeting - Cr Innes 1/04/2015 Councillors' Assembly Meeting 2/04/2015 Meeting - Growth and Development Portfolio 2/04/2015 Meeting - General Manager, City Infrastructure regarding Rural

Roads program 2/04/2015 Media - Cantonese Film Crew 7/04/2015 Meeting - Civic Hall Partnership Meeting 7/04/2015 Meeting - CEO and Mark Guirguis, Chair Art Gallery of Ballarat

Foundation 7/04/2015 Media - WIN TV 8/04/2015 Meeting - General Manager, City Infrastructure, Cr Crompton and Cr

Rinaldi regarding Rural Roads Program 8/04/2015 Meeting - Sundram Sivamalai, Ballarat Regional Multicultural

Council (BRMC) 8/04/2015 Meeting - Resident regarding Miners Rest Quarry and Saleyards 8/04/2015 Meeting - CEO regarding Budget 8/04/2015 Meeting - All Councillors regarding Budget 8/04/2015 Meeting - Contracts Approval Special Committee 8/04/2015 Statutory Council meeting 9/04/2015 Media - Voice FM 9/04/2015 Media - 3BA Radio 9/04/2015 Attended - Rotary Club of Ballarat South Annual Awards Night 10/04/2015 Media - WIN TV 10/04/2015 Meeting - Cr Innes 10/04/2015 Attended - Learmonth Bowling Club Presentation Dinner 11/04/2015 Attended - Rural Living Expo Lunch 11/04/2015 Attended - Opening Ceremony U-18's Basketball Championships 11/04/2015 Attended - U-18 Basketball Championships Civic Function 12/04/2015 Attended - Official Opening of the Avenue of Honour Reconnection 13/04/2015 Meeting - General Manager, City Infrastructure 13/04/2015 Meeting - General Manager, City Strategy 13/04/2015 Media - 3BA Radio 13/04/2015 Attended - Council Plan Priority Projects Community consultation

sessions 14/04/2015 Meeting - Cr Crompton, Cr Rinaldi and resident regarding Lake

Wendouree boat sheds 14/04/2015 Media - WIN TV


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14/04/2015 Attended - Afternoon Tea with Ted Baillieu, Former Premier 14/04/2015 Attended - Council Plan Priority Projects Community consultation

sessions 15/04/2015 Attended - Australia Lavender Growers' Association 20th

Anniversary Conference 15/04/2015 Media - MYMP Radio 15/04/2015 Meeting - Cr Innes and CEO 15/04/2015 Councillors' Assembly Meeting 16/04/2015 Meeting - Regional Cities Victoria April 2015 Meeting 16/04/2015 Attended - Rotary District Conference 16/04/2015 Attended - Rotary International District Governor's Dinner 17/04/2015 Meeting - Cr Crompton and Cr Rinaldi regarding Ballarat West

Employment Zone (BWEZ) Briefing 17/04/2015 Meeting - General Manager, People and Communities 17/04/2015 Attended - 'Serving the Southern Cross' Official Launch 17/04/2015 Attended - Centenary of ANZAC Regimental Dinner 18/04/2015 Attended - Arch of Victory Firemen's memorial 19/04/2015 Meeting - Residents regarding Saleyards 20/04/2015 Media - 3BA Radio 20/04/2015 Attended - Budget Community Session 20/04/2015 Attended - Recreation Forum Community consultation sessions 21/04/2015 Meeting - Chief Financial Officer (CFO) regarding Budget 22/04/2015 Meeting - Cr Innes and Brendan Foster, Ballarat South Rotary 22/04/2015 Meeting - General Manager, City Strategy regarding Saleyards and

Howitzer guns restoration 22/04/2015 Media - WIN TV regarding Saleyards 22/04/2015 Meeting - Fire Management Planning Committee 22/04/2015 Statutory Council meeting 23/04/2015 Media - ABC Radio 23/04/2015 Meeting - Joe Di Leo, Managing Director and Andrew Baldwin from

Allied Mills 23/04/2015 Attended - Announcement by The Hon. Jaala Pulford MP Minister for

Regional Development regarding Regional Community Leadership Programs

23/04/2015 Media - 3BA Radio 23/04/2015 Attended - L2P Learner Driver Mentor Program 23/04/2015 Attended - Opening of the Turf Club Giant Screen with The Hon

Martin Pakula MP, Minister for Racing 23/04/2015 Meeting - CEO 23/04/2015 Meeting - CEO and The Hon. Jaala Pulford MP, Minister for Regional

Development regarding Ballarat priorities 24/04/2015 Attended - Macarthur Street Primary School Anzac Ceremony 24/04/2015 Meeting - Cr Innes 25/04/2015 Attended - Anzac Dawn Service 25/04/2015 Attended - Ex-POW Memorial Anzac Wreath Laying 25/04/2015 Attended – ANZAC Commemorative Service 26/04/2015 Meeting - All Councillors regarding Budget 27/04/2015 Meeting - Council officer to meet East Timor Visitors 27/04/2015 Media - Council officer regarding citizenship speech 27/04/2015 Meeting - Council officer regarding Economic Strategy Expert

Reference Group 27/04/2015 Attended - Dob in a Dealer media launch 27/04/2015 Meeting - General Manager, People and Communities 28/04/2015 Meeting - CEO 28/04/2015 Meeting - Economic Strategy Expert Reference Group 28/04/2015 Media - Photo Opportunity for the Ballarat Strategy


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29/04/2015 Meeting - M.A.D.E. Board Meeting 29/04/2015 Meeting - Council officer regarding Civic Hall 29/04/2015 Meeting - General Manager, City Strategy 29/04/2015 Meeting - Cr Rinaldi 29/04/2015 Meeting - Des Bethke, Hunt and Hunt Consulting 29/04/2015 Meeting - General Manager, City Strategy 30/04/2015 Attended - Ballarat Jobs Forum 30/04/2015 Attended - April Citizenship Ceremony 30/04/2015 Attended - Burrumbeet Hall Committee Annual General Meeting 1/05/2015 Attended - Regional Living Expo Luncheon with The Hon. Jaala

Pulford MP, Minister for Regional Development 1/05/2015 Attended - RCV Regional Victoria Living Expo Cocktail Function 2/05/2015 Attended - YMCA 50m Pool Opening 2/05/2015 Attended - Grand Opening of the redeveloped facilities at CE Brown

Reserve 2/05/2015 Attended - Ballarat Fly Fishers Club 96th Annual Dinner 3/05/2015 Attended - Launch of Heart Health Week 3/05/2015 Attended - Annual Memorial Service for Firefighters 4/05/2015 Meeting - CEO Performance Review Special Committee 4/05/2015 Attended - Students from Ballarat Specialist School 4/05/2015 Attended - Federation University Graduation 5/05/2015 Attended - Social Media Training 5/05/2015 Meeting - All Councillors, resident and General Manager, People

and Communities regarding Black Hill Pool 5/05/2015 Meeting - Cr Innes and CEO 5/05/2015 Attended - 2015 Ballarat Heritage Awards Ceremony 6/05/2015 Media - WIN TV regarding Budget 6/05/2015 Attended - Federation University Graduation 6/05/2015 Meeting - CFO 6/05/2015 Councillors' Assembly Meeting 7/05/2015 Attended - Miss Saigon 8/05/2015 Meeting - Growth and Development Portfolio 8/05/2015 Attended - Luncheon with Consul-General of Japan in honour of the

City of Ballarat 9/05/2015 Attended - Old Colonists Club Dinner 10/05/2015 Attended - Welcome for Mother's Day Classic 10/05/2015 Attended - Remember and March Event for Heritage Week 12/05/2015 Meeting - Council officers regarding Budget media event 12/05/2015 Media - Budget media briefing 12/05/2015 Meeting - Council officer regarding Council Plan 12/05/2015 Meeting - General Manager, City Infrastructure 13/05/2015 Meeting - Municipal Emergency Management Planning Committee

Meeting 13/05/2015 Media - Win TV regarding Federal Budget 13/05/2015 Attended - BRMC 10th Anniversary of the Multicultural Tucker 13/05/2015 Media - Winterlude Launch 13/05/2015 Meeting - CFO 13/05/2015 Meeting - Contracts Approval Special Committee 13/05/2015 Statutory Council meeting 14/05/2015 Media - ABC Radio 14/05/2015 Meeting - General Manager, City Strategy 14/05/2015 Attended - May Citizenship Ceremony 14/05/2015 Meeting - CEO, Cr Hudson, Colin Hunt, YMCA and Morgan Murphy

regarding YMCA Lane Hire Pricing 15/05/2015 Media - Winterlude Photo Opportunity 15/05/2015 Meeting - General Manager, People and Communities


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15/05/2015 Meeting - Cr Innes and CEO 18/05/2015 Meeting - CEO and The Hon. Catherine King MP, Federal Member

for Ballarat and Shadow Minister for Health 18/05/2015 Meeting - General Manager, City Infrastructure, inspection of

Carngham Road 19/05/2015 Meeting - Civic Hall Partnership Group Meeting 19/05/2015 Attended - Committee for Ballarat 2015 Chair's Lunch 19/05/2015 Attended - Miners Rest Community meeting 20/05/2015 Meeting - CEO and Geoff Howard MLA, Member for Buninyong 20/05/2015 Meeting - CEO, Cr Innes, General Manager, People and

Communities and Steve Falconer regarding Buninyong Community Bank - Community House

20/05/2015 Meeting - Contracts Approval Special Committee 20/05/2015 Councillors' Assembly Meeting 21/05/2015 Meeting - Paul Ryan, Learmonth Football Club to discuss works at

Learmonth Football Club 21/05/2015 Meeting - Central Highlands Mayors and CEOs Meeting 21/05/2015 Attended - Australian International Beer Awards 21/05/2015 Meeting - Cr Innes 25/05/2015 Meeting - CEO Performance Review Special Committee 25/05/2015 Meeting - General Manager, City Infrastructure 25/05/2015 Meeting - Council officer regarding 2015/16 Roads Program 25/05/2015 Meeting - General Manager, City Strategy 25/05/2015 Attended - New Resident Function 26/05/2015 Meeting - Growth and Development Portfolio 26/05/2015 Meeting - CEO, John Kilgour and Judy Verlin, Committee for Ballarat 26/05/2015 Meeting - University of Ballarat Budget Briefing 27/05/2015 Meeting - David Shephard, Clarendon College, Andrew Grey and

Brett Davis, SED Advisory, Council officers regarding Ballarat and Clarendon College Planning Scheme Amendment

27/05/2015 Meeting – M.A.D.E. Board Meeting 27/05/2015 Meeting - CEO and Council officer regarding World League of

Historical Cities (WLHC) Vienna 27/05/2015 Meeting - CEO and Eugene Duffy, Editor the Courier 27/05/2015 Attended - Commerce Ballarat Budget Briefing 27/05/2015 Meeting - CFO 27/05/2015 Statutory Council meeting 28/05/2015 Media - ABC Radio 28/05/2015 Meeting - Mayor and Chenay Wilkinson regarding Motor Sport

Meeting Briefing 28/05/2015 Meeting - Resident regarding behavior in Council Chambers 28/05/2015 Media - 3BA Radio 28/05/2015 Attended - Launch of the Reflections Survey, Community

consultation process 28/05/2015 Meeting - Ballarat Major Events Precinct Stakeholder Advisory

Committee meeting 28/05/2015 Meeting - Regional Motor Sport Sub-Committee 29/05/2015 Meeting – CEO and Ammon Beyerle, Here Studio regarding Civic

Hall 29/05/2015 Attended - Sir Henry Bolton Trust Luncheon 29/05/2015 Meeting - Cr Innes and CEO 30/05/2015 Attended - Western Bulldogs vs GWS Giants 1/06/2015 Attended - Municipal Liaison Meeting 1/06/2015 Attended - Sovereign Hill Budget Briefing 2/06/2015 Meeting - Site Inspection of Howitzer Gun at Miller Brothers and City

of Ballarat Depot


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2/06/2015 Meeting - General Manager, People and Communities regarding Regional Motor Sport

2/06/2015 Meeting - Committee for Ballarat Board Meeting 3/06/2015 Attended - AI Group Budget Briefing 3/06/2015 Meeting - CEO and Sharon Knight MP, Member for Wendouree 3/06/2015 Attended - 3BA Christmas in July Appeal 3/06/2015 Meeting - Discuss Cycling at Victoria Park 3/06/2015 Meeting - Water Resource Advisory Committee 3/06/2015 Councillors' Assembly Meeting 4/06/2015 Meeting - Ballarat Airport Advisory Committee meeting 4/06/2015 Meeting - Peter Ridsdale, Thorney Properties regarding TIGA

Update 4/06/2015 Meeting - Central Highlands Councils Mayor's and CEO's Forum 4/06/2015 Meeting - CEO and Joshua Morris MP, Member for Western Victoria 5/06/2015 Meeting - Growth and Development Portfolio 5/06/2015 Attended - Committee for Ballarat Budget Briefing Luncheon 5/06/2015 Meeting - Cr Innes 5/06/2015 Attended - Official Launch YMCA Delacombe Community Garden 7/06/2015 Attended - Her Maj 140th Birthday Concert 10/06/2015 Meeting - CEO and Council officer update on WLHC Board Meeting,

Bad Ischl 10/06/2015 Media - WIN TV 10/06/2015 Meeting – Council officer regarding Royal Commission 10/06/2015 Meeting - General Manager, City Infrastructure 10/06/2015 Meeting - General Manager, City Strategy 10/06/2015 Meeting - General Manager, People and Communities 10/06/2015 Meeting - Paul Brown, RLX Operating Company, Palisade

Investment Partners Limited regarding Saleyards 10/06/2015 Meeting - All Councillors and representatives from RLX Operating

Company, Palisade Investment Partners Limited regarding Saleyards

10/06/2015 Statutory Council meeting 11/06/2015 Media - ABC Radio 11/06/2015 Media - WIN TV 11/06/2015 Media - 3BA Radio 11/06/2015 Attended - Rotary Club Lunch Meeting 11/06/2015 Meeting - Resident regarding Royal Commission 12/06/2015 Meeting - CEO for tour of Hakubaku Australia Pty Ltd 14/06/2015 Attended - Re-dedicating of the Coghill's Creek School Honour Roll 17/06/2015 Attended - WLHC Board Meeting, Bad Ischl 22/06/2015 Meeting - Growth and Development Portfolio 22/06/2015 Meeting - General Manager, City Strategy 22/06/2015 Meeting - General Manager, People and Communities 22/06/2015 Meeting - Leonie Mack, Assistant Secretary Anzac Centenary &

Commemorations and Maureen Schultz, Director Anzac Centenary Projects

23/06/2015 Attended - Visit to Ballarat Grammar Junior Class 23/06/2015 Meeting - General Manager, City Infrastructure 23/06/2015 Meeting - CFO 23/06/2015 Meeting - CEO 24/06/2015 Media - WIN TV 24/06/2015 Meeting - All Councillors regarding CEO Contract 24/06/2015 Meeting - CFO 24/06/2015 Meeting - Contracts Approval Special Committee 24/06/2015 Statutory Council meeting 25/06/2015 Media - ABC Radio


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25/06/2015 Attended - June Citizenship Ceremony 25/06/2015 Media - WIN TV 25/06/2015 Meeting - Des Bethke, Hunt and Hunt Consulting 25/06/2015 Meeting - Matthew Dixon, Ballarat Courier regarding feature on

Ballarat 2025 25/06/2015 Meeting - Council officer and resident regarding Fraser Reserve

Skate Park 25/06/2015 Meeting - Ballarat Major Events Precinct Stakeholder Advisory

Committee 26/06/2015 Media - Inclusive Play Space media opportunity 26/06/2015 Media - Opening of Winterlude 26/06/2015 Attended - Launch of the Festival of Slow Music with the Hon. Martin

Foley MP, Minister for Creative Industries 26/06/2015 Meeting - Cr Innes and CEO 26/06/2015 Attended - Committee for Ballarat's 10th Anniversary Dinner 29/06/2015 Attended – The Hon. Jaala Pulford MP, Minister for Regional

Development - Launch of the Regional Jobs and Infrastructure Fund 29/06/2015 Attended - Dinner with Yangzhou delegation 30/06/2015 Meeting - Civic Hall Partnership Group Meeting 30/06/2015 Attended - Launch of the Miners Rest BMX Bike Pump Track 30/06/2015 Attended - Grand Opening Kelaston Aged Care 30/06/2015 Attended - Official Launch of Christmas in July “Wonder Lights”

Event OFFICERS’ DECLARATION OF INTERESTS

Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report. ATTACHMENTS There are no attachments to this Report.


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11.1 CHIEF EXECUTIVE OFFICER'S REPORT Division: Executive Unit Director: Anthony Schinck Author/Position: Glenys Foy - Executive Assistant CEO

RECOMMENDATION Council resolves to: 1. Receive the Chief Executive Officer’s Report for March 2015 and April

2015. EXECUTIVE SUMMARY

Chief Executive Officer’s Report for the period 1 March 2015 to 30 April 2015. CHIEF EXECUTIVE OFFICER’S ACTIVITIES 2/3/2015 Meeting - CEO Performance Review Special Committee 3/3/2015 Interview - Gold FM radio 3/3/2015 Meeting - Chief Information Officer 3/3/2015 Meeting - General Managers Group 3/3/2015 Teleconference - Institute of Public Administration Australia (Vic)

Regional Manager 4/3/2015 Attended - Western Bulldogs Civic Function 4/3/2015 Councillors' Assembly Meeting 4/3/2015 Meeting - Freedom Camping Trial 4/3/2015 Meeting - Mayor/CEO with Minister for Local Government 4/3/2015 Meeting - Resident 4/3/2015 Attended - VCAMM Forum on Advanced Manufacturing Technologies 4/3/2015 Update - Policy & Projects Strategist & Manager Planning

Implementation 4/3/2015 Meeting - President Friends of the Ballarat Botanical Gardens with

General Manager City Infrastructure 4/3/2015 Meeting - General Manager City Infrastructure with Director Ballarat

Red Devils 4/3/2015 Special Council Meeting 5/3/2015 Attended - Citipower & Powercor Customer Consultative Committee

meeting 5/3/2015 Meeting residents - Lavery Avenue Mount Clear 5/3/2015 Meeting - CEO Sovereign Hill 5/3/2015 Portfolio - General Manager City Infrastructure 5/3/2015 Meeting - General Manager City Strategy 6/3/2015 Meeting - Regional Director, Grampians - Department of Environment,

Land, Water & Planning 6/3/2015 Meeting - Integrated Waste Management discussion 6/3/2015 Visit - Avalon Airport with Emergency Management Commissioner 6/3/2015 Meeting - Director & CEO Sammitr Group with Chairman & Managing

Director Brimarco with Mayor & Manager Economic Development 6/3/2015 Meeting - Chief Information Officer 10/3/2015 Radio Interview - Gold FM 10/3/2015 Teleconference - Director Here Studio 10/3/2015 General Managers Group (GMG) meeting


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10/3/2015 Attended IPAA Ballarat Advisory Committee Meeting 10/3/2015 Update – Cr. Belinda Coates 10/3/2015 Chief Officers Group (COG) meeting 10/3/2015 Attended Philanthropy Ballarat Board Meeting 18/3/2015 Council Assembly Meeting 18/3/2015 Meeting - Director Here Studio 18/3/2015 Update - Chief Information Officer 18/3/2015 General Managers Group (GMG) meeting 18/3/2015 CEO Group meeting 18/3/2015 Meeting - Consultant re Grampians Regional Management Forum

program - Social Services in the Grampians 2030 18/3/2015 Meeting - Director Lateral Plains 18/3/2015 Meeting - Cr Amy Johnson and Policy & Projects Strategist 19/3/2015 Portfolio - General Manager City Infrastructure 19/3/2015 Meeting - Secretary and Committee member Friends of Ballarat

Botanical Gardens with General Manager City Infrastructure 19/3/2015 Portfolio - Chief Financial Officer 19/3/2015 CEO Meeting with ASU Branch Coordinator 20/3/2015 Meeting - Mayor, Deputy Mayor & CEO 20/3/2015 Attended - Central Highlands Regional Planning Committee meeting 20/3/2015 Update - Mayor/CEO 22/3/2015 Attended - Harmony Fest 2015 Parade of Nations 23/3/2015 General Managers Group (GMG) meeting 23/3/2015 Update - Chief Information Officer 23/3/2015 Courier interview re Black Hill Pool 23/3/2015 Meeting - Hunt & Hunt 24/3/2015 Radio Interview - Gold FM 24/3/2015 Meeting - Chair/CEO Committee for Ballarat and Mayor/CEO City of

Ballarat 24/3/2015 Update - Cr Belinda Coates 25/3/2015 Attended - Central Highlands Councils delegation in Canberra 26/3/2015 Attended - Regional Capitals Australia - Regionalism 2.0: Nation

Building through Strong Capitals and Connected Communities Conference

29/3/2015 Attended - Youth Council Leadership Day 31/3/2015 Radio Interview - Gold FM 31/3/2015 Leadership Team Workshop 31/3/2015 Attended - Launch of Commerce Ballarat Business Excellence Awards 1/4/2015 Council Assembly Meeting 1/4/2015 Meeting - Western Bulldogs Acting CEO and President 1/4/2015 Meeting - General Manager City Strategy 2/4/2015 Teleconference - BWEZ Steering Committee Meeting 2/4/2015 Meeting - Directors Selkirk Ballarat 2/4/2015 Meeting - CEO Ballarat Basketball 2/4/2015 Meeting - Secretary Ballarat Red Devils with General Manager City

Infrastructure 2/4/2015 Update - Mayor/CEO 7/4/2015 Radio Interview - Gold FM 7/4/2015 General Managers Group (GMG) meeting 7/4/2015 Meeting - Chair Art Gallery of Ballarat Foundation with Mayor 7/4/2015 Teleconference - IPAA Geelong Panel - Compromises with the digital

world 8/4/2015 Council Meeting 8/4/2015 CEO Group meeting 8/4/2015 Meeting - Chairman Macroplan Dimasi 8/4/2015 Attended Councillors Budget discussions


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8/4/2015 Meeting - Chief Information Officer with Major Projects and Communications

9/4/2015 Meeting - CEO Committee for Ballarat 9/4/2015 Attended - IPAA Ballarat Advisory Committee Meeting 9/4/2015 Update - Cr Belinda Coates 9/4/2015 Meeting - Managing Director Virtual Reality Ventures 9/4/2015 Meeting - General Manager City Infrastructure with Team Leader

Economic Development 9/4/2015 Meeting - Team Leader Economic Development 9/4/2015 WIN TV interview re Ballarat Aviation Emergency Services Hub 13/4/2015 General Managers Group (GMG) meeting 13/4/2015 Attended - Council Plan Priority Projects - Community Consultation

Sessions (South Ward) 13/4/2015 Teleconference - Acting GM Sport & Recreation Victoria with General

Manager City Strategy 13/4/2015 Meeting - CBD Place Manager with Major Projects and

Communications 14/4/2015 Radio Interview - Gold FM 14/4/2015 Presenter - Annual Victorian Major Projects Conference, Melbourne 14/4/2015 Teleconference - Grampians Regional Management Forum Executive

Team Meeting 14/4/2015 Meeting - Chief Information Officer 15/4/2015 Meeting - Mayor, Deputy Mayor & CEO 15/4/2015 Council Assembly Meeting 15/4/2015 Meeting - Human Resources Manager 15/4/2015 WIN TV interview 16/4/2015 Attended - Regional Cities Victoria Meeting 16/4/2015 Attended - Citipower & Powercor Customer Consultative Committee

meeting 16/4/2015 Meeting - Chief Information Officer re Digital Strategy 16/4/2015 Attended - IPAA Geelong Conference - Welcome Reception Dinner 17/4/2015 Presenter - IPAA 2015 Geelong Conference 20/4/2015 CEO/Alumni Group meeting 20/4/2015 Attended - Recreation Forum - Community Consultation Session 20/4/2015 Attended - Ballarat Aquatic Upgrades - PCG meeting 20/4/2015 Meeting - Chief Financial Officer 21/4/2015 Radio Interview - Gold FM 21/4/2015 Presenter - IPWEA Victoria Leadership Program 21/4/2015 General Managers Group (GMG) meeting 21/4/2015 Update - Cr Belinda Coates 21/4/2015 Attended - Budget Community Session at Buninyong 21/4/2015 Meeting - Federation University re Sustainability Workshop 21/4/2015 WIN TV interview re Community Consultation 22/4/2015 CEO Official Welcome - 2015 LGPro Social Media Forum 22/4/2015 Council Meeting 22/4/2015 Meeting - Human Resources Manager 23/4/2015 Attended - Ballarat Technology Park - 20 Year Celebratory Dinner 23/4/2015 Meeting - Minister for Regional Development with Mayor 23/4/2015 Attended - Opening at Ballarat Turf Club by Minister for Racing 23/4/2015 Attended - Announcement by Minister for Regional Development re

leadership funding 23/4/2015 Mayor/CEO Update 24/4/2015 Attended - Regional Cities Council Roundtable, Melbourne 26/4/2015 Councillors/Leadership Team Workshop 27/4/2015 Leadership Team Meeting 27/4/2015 Meeting - Chief Financial Officer


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27/4/2015 Meeting - People, Performance & Culture Specialist 27/4/2015 Meeting - Chief Information Officer 27/4/2015 Meeting - General Manager City Infrastructure 27/4/2015 Meeting - Major Projects & Communications and Policy & Projects

Strategist 27/4/2015 Meeting - General Manager City Strategy and General Manager

People & Communities 27/4/2015 Meeting - Chief Financial Officer 28/4/2015 Radio Interview - Gold FM 28/4/2015 General Managers Group (GMG) meeting 28/4/2015 Attended - Economic Strategy Expert Reference Group 28/4/2015 Meeting - CEO and Deputy Chair Ballarat Philanthropy 28/4/2015 Meeting - Regional Director RDV re Ballarat Jobs Forum 28/4/2015 Meeting - Mayor & CEO 28/4/2015 Win TV Interview - Civic Hall 29/4/2015 Audit Committee Meeting 29/4/2015 Meeting - Director Here Studio 29/4/2015 CEO Group meeting 29/4/2015 Attended - Eureka Sports Precinct Project Steering Committee 29/4/2015 Meeting - Director Morton Dunn 29/4/2015 Meeting - Hunt & Hunt 30/4/2015 Meeting - Office of the Victorian Government Architect with General

Manager City Strategy, Policy & Projects Strategist and Major Projects Delivery & Communications

30/4/2015 Attended - Ballarat Jobs Forum 30/4/2015 Attended - Ballarat Freight Hub PCG Meeting 30/4/2015 Meeting - The Courier re Budget

OFFICERS’ DECLARATION OF INTERESTS

Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report. ATTACHMENTS There are no attachments to this Report.


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12.1 PLP/2014/520 PLANNING PERMIT APPLICATION AND COMBINED AMENDMENT C186 PETER STEVENS MOTORWORLD EXPANSION - POST PANEL CONSIDERATION Division: City Strategy Director: Natalie Reiter Manager Responsible/ Jessie Keating - Business Unit: Coordinator Strategic Land Use Planning Author/Position: Maya Dougherty - Strategic Planner

RECOMMENDATION Council resolves to: 1. Note the combined Amendment C186 and Planning Permit Application

PLP/2014/520 Planning Panel report, pursuant to section 27 and section 96F of the Planning and Environment Act 1987.

2. Adopt Amendment C186 as exhibited as recommended by the Planning

Panel, pursuant to section 29 of the Planning and Environment Act 1987. 3. Determine to recommend the Planning Permit PLP/2014/520 be granted

with changes as recommended by the Planning Panel, pursuant to section 96G of the Planning and Environment Act 1987.

4. Submit the adopted combined Amendment C186 and Planning Permit

PLP/2014/520 to the Minister for Planning requesting approval pursuant to section 31 and section 96H of the Planning and Environment Act 1987.

5. Notify all submitters of Council’s resolution to submit combined

Amendment C186 and Planning Permit PLP/2014/520 to the Minister for Planning for approval.

EXECUTIVE SUMMARY The proposal is to expand and redevelop the Peter Stevens Motorworld showrooms, customer area, parking area and workshop. The combined Planning Scheme Amendment C186 and Planning Permit Application PLP/2014/520 is required to facilitate the proposal. The parcels to be rezoned to Mixed Use Zone are already used by Peter Stevens Motorworld for the storage of cars. The rezoning is required to enable the redevelopment of the business premises, which includes the construction of new facilities on that land. Public exhibition of the combined Amendment was held from 4 December 2014 to 29 January 2015. Seven submissions received, three of these expressed objections. At the Council meeting held on 8 April 2015 Council resolved (R107/15) to appoint an independent Planning Panel to consider all submissions, which took place on 2 June 2015. The Planning Panel’s Report has now been received, recommending Amendment C186 be adopted as exhibited and the Planning Permit PLP/2014/520 as included in an appendix of the report. It is recommended Amendment C186 be adopted and Planning Permit Application PLP/2014/520 be granted, as recommended by the Planning Panel.


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RATIONALE Background

The combined Amendment proposes the redevelopment of Peter Stevens Motorworld on the existing site at the corners of Creswick Road, Lexton Street and Howitt Street, Wendouree. It also includes the expansion of the use to two vacant parcels of land at 208 and 210 Lexton Street. Specifically, the application proposes:

Redevelopment and expansion of the showroom, workshop and office;

171 on-site car-parking spaces;

Additional signage; and

Rezoning of two land parcels at 208 and 210 Lexton Street from the General Residential Zone 1 to the Mixed Use Zone.

The land subject to the zoning and permit application is shown in Figure 1.

Figure 1: Showing the land proposed to be rezoned to Mixed Use Zone in blue at 208-210 Lexton Street and the entire site subject to the planning application shown outlined

in blue.

Public exhibition of combined Amendment C186 and Planning Permit Application was held from 4 December 2014 to 29 January 2015. Seven submissions were received, three of these expressed objections. Submitters raised the following key issues/themes:


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a) Inconsistent with the Local Planning Policy Framework (LPPF); b) Amenity impacts including light, signage, noise, construction phase, work

activity; c) Traffic impacts; d) Commercial uses on the residential portion of Lexton Street; e) Appropriateness of site; f) Inadequate consultation; g) Future of residential uses on Lexton Street; and h) Impacts of car parking from events at the show grounds.

Council officers attempted to address the concerns of submitters by amending the draft Planning Permit before the appointment of an independent Planning Panel. This included adding strict conditions relating to traffic, parking, hours of operation, construction management plan, lighting, noise and other potential amenity impacts. Further conditions were added and refined throughout the panel process to improve clarity and certainty around the controls for both residents and the applicants. The Planning Panel report stated that Council “went to great lengths to respond to concerns raised by submitters and to involve and inform them.” However, the Panel has recommended two further minor changes to the permit. These are to:

Change condition 15 Light Emissions to refer to all “external lighting” rather than solely “sign lighting”; and

Add the word “or” to condition 29 Amenity. Previous Council decisions At the Council meeting held on 8 April 2015 Council resolved (R107/15):

1. Consider all submissions received to combined Planning Scheme Amendment C186 and PLP/2014/520 pursuant to section 22(1) of the Planning and Environment Act 1987.

2. Request the Minister for Planning to appoint an independent Planning Panel pursuant to section 23 and the provisions of Part 8 of the Planning and Environment Act 1987 to consider submissions received to combined Planning Scheme Amendment C186 and Planning Permit Application PLP/2014/520.

3. Amend the exhibited draft Planning Permit Application PLP/2014/520 to add conditions addressing amenity, traffic, hours of operation, use of Lexton Street, Wendouree for commercial activity and the construction phase in response to submissions received.

4. Notify submitters of Council’s resolution to request the appointment of an independent Planning Panel by the Minister for Planning for combined Planning Scheme Amendment C186 and Planning Permit Application PLP/2014/520.

At the Council meeting held on 8 October 2014 Council resolved (R347/14) to: 1. Request the Minister for Planning, pursuant to section 8A(3) of the

Planning and Environment Act 1987, for authorisation to prepare a combined Planning Scheme Amendment and Planning Permit Application which was received pursuant to section 96A of the Planning and Environment Act 1987.

2. Place combined Planning Scheme Amendment C186 and Planning Permit Application PLP/2014/520 on exhibition pursuant to section 96C of the Planning and Environment Act 1987.


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Planning Panel Hearing and Report An independent Planning Panel Hearing was held on 2 June 2015, heard by Chair Mr. Michael Kirsch. The Panel’s Report was received on 2 July 2015. The following is a discussion of the issues raised by submitters, the responses by Panel and the recommendations made regarding changes to the Ballarat Planning Scheme. General Panel Findings The Panel concluded that the proposal is strategically justified, that the expansion of an existing business on this site is appropriate and that off-site impacts can be suitably addressed by the revised planning permit conditions. Council officers submitted a revised Planning Permit to the Panel and they made two further revisions in their recommendations. Zoning Issues - Strategic Justification The Panel concluded that that rezoning is consistent with the SPPF and LPPF, and is appropriate within the local context and the Mixed Use Zone is an appropriate zone for the proposal. The Panel did acknowledge however that the application of the MUZ raises a number of potential off-site issues associated with the use and development of the site, and that these issues should be carefully considered in the planning permit process. Planning Permit Issues Amenity impacts The Panel acknowledged the concerns of residents and agreed that the exhibited planning permit conditions failed to adequately address potential amenity impacts. However the Panel was satisfied that the additions and revisions to the planning permit by Council after receiving submissions have rectified these deficiencies. Traffic and parking The Panel supported that additions and revisions to the planning permit by Council after receiving submissions will provide a sound basis on which to manage traffic and parking issues. Other Issues – An alternative site and Consultation and decision making issues The Panel agreed with Council that it could only consider the site proposed and was satisfied that the site can accommodate the proposal, subject to the inclusion of appropriate conditions in the planning permit. The Panel was satisfied that Council exhibited the Amendment and planning permit in accordance with the requirements of the Planning and Environment Act 1987 and went to great lengths to respond to concerns raised by submitters and to involve and inform them. The Panel did not raise any concerns in relation to Council’s decision making. Proposed recommended changes by Panel The Panel made the following recommendations:

1. Adopt Amendment C186 to the Ballarat Planning Scheme as exhibited. 2. Grant Planning Permit No. PLP/2014/520 in accordance with the planning

permit conditions included at Appendix C of this report.


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Response to the Panel report It is recommended Council supports and concurs with the recommendations of the Panel to adopt the combined Amendment C186 and grant Planning Permit PLP/2014/520. LEGISLATION, COUNCIL PLAN, STRATEGY AND POLICY IMPLICATIONS State Planning Policy Framework (SPPF)

Clause 11.06-2 A diversified economy - To strengthen the region’s economy so that it is more diversified and resilient;

Clause 15.01-1 Urban Design - To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity;

Clause 15.01-2 Urban design principles - To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties; and

Clause 17.01-1 Business - To encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

Local Planning Policy Framework (LPPF)

Clause 21.04-4.2 Activity Centre Objectives and Strategies – To facilitate the development of a sustainable network of activity centres across the urban area of Ballarat to provide for the needs of existing and future residents. Particularly Strategy 1.20 – Recognise the important existing commercial activity in Howitt Street and its role as an employment corridor and ensure that uses that occur within this corridor should not compromise the development of either the Wendouree Major Activity Centre (to the immediate west) or Ballarat Central Business District (CBD) to the south-east;

Clause 21.05-1 Character - To protect and enhance the quality and character of the City’s presentation, considering the context of the built with the natural environments and to improve the appearance of the major entrances to the urban area; and

Clause 21.05-3 Liveability - To ensure that changes in established urban areas take place without reducing the existing quality of life that the area provides. To create a City that is a safe place to live. To protect and provide buffers for existing and new industry from the encroachment of sensitive uses and vice versa.

Ballarat Activity Centres Strategy The Ballarat Activity Centres Strategy (the Strategy) is the key strategic document relevant to retail development in Ballarat. The site is not within a defined activity centre as defined in the Ballarat Planning Scheme at Clause 21.04 however, it is noted in the supporting the Strategy document that the area has an important economic and servicing role. The Strategy recommends that uses occurring within this area do not compromise the development of either Wendouree Major Activity Centre (to the west) or Ballarat CBD (to the South East). Council Officers are satisfied the redevelopment of the Peter


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Stevens Motorworld site supports the redevelopment of an existing business, does not impact on adjacent centres and is consistent with the Strategy. REPORTING AND COMPLIANCE STATEMENTS

Implications Considered in Report? Implications identified?

Human Rights Yes Yes

Social/Cultural Yes Yes

Environmental/Sustainability No No

Economic No No

Financial/Resources No No

Risk Management No No

Implementation and Marketing No No

Evaluation and Review No No

Human Rights - The application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 and the Ballarat Planning Scheme. The assessment is considered to accord with the Victorian Charter of Human Rights and Responsibilities Act 2006. Specifically:

Freedom of Expression (part 2 section 15);

A fair hearing (part 2 section 24);

Entitlement to participate to public life (part 2 section 18); and

Property Rights (part 2 section 20). CONSULTATION The formal public exhibition period for Amendment C186 was from 4 December 2014 to 29 January 2015. Notices were placed in The Courier newspaper and a notice also appeared in the Victoria Government Gazette. Notification was sent to the property owner and neighbouring properties. Submissions were considered by an independent Planning Panel which took place on 2 June 2015. OFFICER’ DECLARATIONS OF INTEREST Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report. ATTACHMENTS 1 Ballarat C186 Planning Panel Report


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12.2 PLP/2014/956 316 BARKLY STREET AND 313 RUSSELL STREET BUNINYONG DEVELOPMENT OF 8 DWELLINGS ON A LOT Division: City Strategy Director: Natalie Reiter Manager Responsible/ Leanne Wilson - Business Unit: Manager Statutory Planning Author/Position: Rachel Blackwell - Statutory Planner

RECOMMENDATION Council resolves to: 1. Issue a Notice of Refusal to grant a Planning Permit PLP/2014/956 for the

land located at 316 Barkly street and 313 Russell Street Buninyong for development of eight (8) dwellings on a lot for the following reasons: a) The proposed development is considered to be an overdevelopment

of the site; b) The proposed development is not considered to be responsive to the

site or the neighbourhood character of the surrounding area; and c) The proposed development fails to comply with a number of

objectives and standards of Clause 55 of the Ballarat Planning Scheme.

EXECUTIVE SUMMARY On 1 December 2014 an Application was lodged for the development of eight dwellings on land at 316 Barkly Street and 313 Russell Street, Buninyong. The Application was advertised and Council has received twenty two objections. It is recommended that Council Refuse the Planning Permit Application. A Statement of Grounds for the refusal of the application are detailed above and are elaborated upon throughout this Report. APPLICATION DETAILS

Applicant: MW Tarrant C/- Planning Studio on Peel

Owner: MW Tarrant and AJ Tarrant

Date lodged: 1 December 2014

Subject site: 316 Barkly Street and 313 Russell Street, Buninyong

Current use: Detached dwelling

Zone: General Residential Zone (GRZ1)

Overlays: No overlays

Permit triggers: Pursuant to Clause 32.08-4 (GRZ1) a planning permit is required for the construction of two or more dwellings on a lot

Ward: South

Number of objections: 22

Mediation Meeting: A mediation meeting was held on the 26 May 2015

Council referral trigger: Councillor call-up

Covenant or s173 N/A

CHMP Required: Site is within a CHMP area. CHMP Assessment submitted with the application


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PROPOSAL The proposed development comprises the construction of eight (8) dwellings. All dwellings are single storey in form and would be constructed in a combination of brick and scion linea weatherboards with pitched hip and gabled colorbond roofing. The site development plan includes the following features: Dwelling 1:

Two bedrooms;

A secluded private open space area accessed from the meals area on the western side of the dwelling;

An attached single garage which can be accessed via a common driveway from Russell Street; and

A direct frontage to Russell Street, including a 6 metre front setback to Russell Street.

Dwelling 2:

One bedroom;

A secluded private open space area accessed from the living area on the western side of the dwelling; and

An attached single garage which can be accessed via a common driveway from Russell Street.

Dwellings 3 and 4:

One bedroom;

A secluded private open space area accessed from the living area. Secluded private open space is located to the west of dwelling 3 and east of dwelling 4; and

Dwelling 3 would be provided with an open car parking space and dwelling 4 a single carport which can be accessed via a common driveway from Russell Street;

Dwellings 5 and 6:

One bedroom;

A secluded private open space area accessed from the living area. Secluded private open space is located to the west of dwelling 5 and east of dwelling 6; and

Dwelling 5 would be provided with an open car parking space and dwelling 6 a single carport which can be accessed via a common driveway from Barkly Street;

Dwelling 7:

One bedroom;

A secluded private open space area accessed from the living area on the western side of the dwelling; and

An attached single garage which can be accessed via a common driveway from Barkly Street;

Dwelling 8:

Two bedrooms;

A secluded private open space area accessed from the meals area on the western side of the dwelling;

An attached single garage which can be accessed via a common driveway from Barkly Street; and


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A direct frontage to Barkly Street, including a 5.3 metre front setback to Barkly Street.

Access to the development would be provided via two new proposed crossovers to both Barkly and Russell Streets. Dwellings 1-4 would be accessed via a proposed crossover to the east of the site frontage to Russell Street. Dwellings 4-8 would be accessed via a proposed crossover to the east of the site frontage to Barkly Street. Visitor car parking is not provided within the development. It is proposed to demolish the existing dwelling and outbuildings on the land and remove vegetation from the site for the construction of the development. It is noted the site is not affected by any overlay controls and a planning permit is not required for demolition or vegetation removal in this instance. These aspects will be discussed in further detail below. Plans and elevations are included (Attachment 1).

SITE AND SURROUNDS The subject site has two site frontages, to both Barkly Street (south) and Russell Street (north) and is located to the north of the Buninyong Township to the east of Warrenheip Street. The subject site is a rectangular shaped allotment with an overall area of 2,051.43m2. The site has a frontage of 20.2 metres to Barkly Street and 20.32 metres to Russell Street and a depth of 101.21 metres. The subject site currently contains an existing dwelling and shed which are to be demolished. The existing dwelling is setback 6 metres from the site frontage with Barkly Street. Land to Russell Street is currently vacant. The surrounding area comprises residential development which predominantly consists of single dwellings. Some multi-unit development is located to the west on Warrenheip Street. The Buninyong Large Neighbourhood Activity Centre is located approximately 500 metres to the south of the site. A number of open space reserves are also located in the surrounding area, including the Buninyong Recreation Park and Municipal Reserve, the Buninyong Creek Reserve and the James Reserve.


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An aerial map is provided below. The subject Site is outlined in red.

RESPONSE TO NOTICE OF APPLICATION Twenty two objections have been received. The grounds of objection are summarised as follows:

Density;

Neighbourhood Character;

Heritage;

Vegetation;

Car Parking/Traffic;

Amenity Impacts;

Infrastructure;

Construction Impacts;

Bushfire Management;

Decrease in Property Values;

Precedent; and

Future Tenants. A mediation meeting was undertaken on the 26 May 2015; however no compromises or alternate design options were agreed.


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REFERRAL OF APPLICATION External Referrals Aboriginal Affairs An Aboriginal Cultural Heritage Due Diligence Assessment (Landscape July 2013) was submitted with the application. The report concluded the site has been subject of previous significant ground disturbance and therefore is not an area of cultural sensitivity according to the Aboriginal Heritage Regulations 2007. Accordingly, the proposed construction of residential dwellings on the land does not require a mandatory Cultural Heritage Management Plan (CHMP) under Section 46 of the Aboriginal Heritage Act 2006. The submitted Aboriginal Cultural Heritage Due Diligence Assessment was referred to Aboriginal Affairs Victoria for comment and a response has not been received to date. Internal Referrals Engineering Unit No objection subject to conditions. Traffic Unit No objection subject to conditions.

1. That the application for the proposed development of eight (8) residential dwellings at 316 Barkly Street, Buninyong is supported in principle.

2. That the applicant be requested to reconsider providing carports for units 3

and 5 and that any notional requirement for a visitor space on site is waived.

3. That the dimensions of garages, parking areas and accessways meet the

requirements of the Design Standards in Clause 52.06-8 of the Planning Scheme.

4. That all vehicles using the shared accessways enter and leave the

premises in a forwards direction. 5. That the Applicant makes a separate application for a vehicle crossing

permit for the proposed crossover in Russell Street and the reuse of the existing crossing in Barkly Street. All works necessary will be arranged by the Applicant and undertaken at the Applicants cost.

6. That suitable low level security lighting is provided to the shared

accessways. 7. That any waste collection services provided by Council be in approved bins

located at the kerbside as agreed with Council’s Waste Management Section.

8. That mailbox facilities are located to Councils satisfaction inside the

property lines and adjacent to the shared accessways. Design and Survey No objection subject to conditions.


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It is requested the applicant moves the proposed driveway and letterboxes away from the side boundary in Barkly Street so crossing can be constructed to council standards. The edge of the driveway should be located a minimum of 400mm from the side boundary or to match the driveway in Russell Street and be a minimum of 3m width. The existing crossing in Barkly Street will need to be formalised with concrete prior to the use hereby commencing. Russell Street crossing no issue. Vegetation Officer No objection subject to conditions. 1. Vegetation adjacent to the site. There does not appear to be any issues apart from the Eucalypt shown on the Existing Site Plan and adjacent to Lot 1 growing inside 311 Russell St. The driveway and garage for Unit 4 appear to be within the tree protection zone for this large tree and may impact on its health and stability. No information is provided on the condition of the tree or measures to protect it. 2. Vegetation within the site. Whilst Lot 1 is clear of vegetation, Lot 2 contains a significant amount of canopy plants but none of these are shown on the Existing Site Plan nor is any information provided on that vegetation. There appears to be scope to retain some of the existing vegetation given the layout of the buildings. One of the trees (a Koelreuteria paniculata - Golden Rain Tree) at the front and west side of Lot 2 316 Barkly St has been nominated to Council for inclusion within the Exceptional Tree Register. The Landscape Plan provided is very good and should be endorsed subject to the items below.

Street Trees - 4 street trees are shown on the plans and access points are to the east of both Lots. No new street trees are needed but the existing trees will need to be protected; In Barkly St there are 3 street trees showing on the November 2014 aerial but only two shown on the plans. This additional tree will be close to the driveway for Lot 2.

Thus, the Recommended Conditions/Requirements are as follows: Condition LS 7.8 Street Trees: Additional information is required on the vegetation within Lot 2 (316 Barkly St), pertaining to the third street tree at the front of Lot 2 and the Eucalypt inside 311 Russell St. The information should provide details on their condition and retention value and how they are to be protected, or justification for their removal. KEY ISSUES The principal issues relevant to the application are as follows:

Neighbourhood Character and Infrastructure;

Site Layout and Building Massing, including street setback, landscaping, safety and access and car parking;

Amenity Impacts;


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On site Amenity and Facilities;

Car Parking/Traffic;

Amenity Impacts; and

On site Amenity and Facilities. Neighbourhood Character and Infrastructure Neighbourhood Character The site is located in the township of Buninyong, which is known as having a heritage and village character. Large portions of the township are included in a Neighbourhood Residential Zone where opportunities for increased residential development are limited and many properties are affected by heritage, environmental and landscape controls. The site is located in the General Residential Zone within the township. The purpose of the zone is to encourage development that respects the neighbourhood character of the area and provides for a diversity in housing types and moderate housing growth in locations offering good access to services and transport. The site is not affected by any overlay controls. The Local Areas Policy at Clause 21.08-4 relating to the Canadian Valley states infill development within the Buninyong Township will be supported where it respects the existing development patterns. The site is currently two lots and the existing lot facing to Barkly Street contains a dwelling, the portion to Russell Street is vacant. The existing dwelling on the land has a front setback of 6 metres and is setback 5 metres from the east and west site boundaries, thereby allowing for extensive landscaping within the sites front setback to Barkly Street, within the rear garden and the side setback area. Residential land in the vicinity of the subject site is predominantly single dwellings on similar sized allotments to the subject site, with some larger lots fronting to Warrenheip Street, to the east of Inglis Street and on the northern side of Russell Street. Front setbacks range between 4.2 and 31 metres with the predominant setback ranging between 5 and 9 metres on both Barkly and Russell Streets. Side setbacks are also predominantly maintained, thereby allowing for a separation between buildings and vegetation retention, which contributes to the overall landscape character of the area and the wider Buninyong Township. There are several examples of medium density development in the surrounding context. This includes multi dwelling development on Warrenheip Street to the west (No 201, 203 and 400 Barkly Street). These developments, however, differ to the subject site as they are located on a main road and several of the dwellings have frontages to a road. The density of these developments is also less than that proposed as part of this application. The proposal for the development of eight (8) dwellings on the subject land is considered to be at odds with the character of the neighborhood and the wider Buninyong Township. The number of dwellings proposed is of a density which is not consistent with the surrounding context. The proposed density of 1 dwelling to 256m2 is considered to be an overdevelopment of the site and is not consistent with the pattern of development of the neighbourhood.


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This overdevelopment is characterised by many of the design issues identified in this report, including an insufficient front setback to Barkly Street, minimal separation between buildings, poorly located entries and car parking spaces and limited opportunities for landscaping. These issues will be discussed further below. Dwelling Diversity Clause 16.01-4 Housing Diversity seeks to provide for a range of housing types to meet increasingly diverse needs. It can be argued the development seeks to improve housing choice by providing for smaller dwellings in an area which is traditionally characterised by single dwellings on medium to larger sized lots. While this is acknowledged it is considered that the proposal is of a density which is not appropriate to the surrounding context or the pattern of development in the surrounding area. Infrastructure Residents raised concerns the proposed development of the land for eight dwellings would impact upon the capacity of essential services, such as water, power, gas, garbage collection, etc. Clause 55.02-4 seeks to ensure development is provided with appropriate utility services and infrastructure. In the event the proposed development was approved, it would be required to be connected to services and upgrade any services an authority deems as being appropriate. As noted in the referral responses section of this report, there is currently no issue with the capacity of existing infrastructure within the surrounding residential area. Site Layout and Building Massing Street Setback It is the objective of Clause 55.03-1 to ensure the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. Standard B6 states: where there is an existing building on both the abutting allotments facing the same street, and the site is not on a corner, the average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser. In this instance the required setback to Barkly Street would be 7.1 metres and to Russell Street 5.3 metres. The proposed setback to Russell Street (6 metres) complies with this standard. The proposed setback to Barkly Street is 5.3 metres which is 1.8 metres less than required. Setbacks in this section of Barkly Street (between Warrenheip and Inglis Streets) vary from 4.2 metres to 31 metres with a majority of dwellings having setbacks between 6 and 10 metres.


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The proposed variation to the front setback is not considered appropriate in this instance as the setback would not be generally consistent with existing setbacks in the surrounding neighbourhood context. A greater setback would allow the retention of vegetation and additional landscaping which would be consistent with the treed and open character of the neighbourhood. It would also assist in softening the impact of the development to the streetscape. Safety Clause 55.03-7 seeks to ensure the layout of the development provides for the safety and security of future occupants. It is considered the entries of dwellings 2-7 within the proposed development are obscured from their respective site frontage (to both Barkly and Russell Streets), thereby impacting upon the safety and security of future occupants. The entries of dwellings 3-6 are recessed behind the front façade of the dwelling and will not be visible on entry to the site. Further, the location of these entries conflicts with the siting of car parking and vehicle maneuvering space for these dwelling. Landscaping It is the objective of Clause 55.03-8 to encourage the retention of mature vegetation on the site and to encourage development that respects the character of neighborhood which maintains and enhances habitat and provides appropriate landscaping. A landscape plan (Habitat November 2014) was submitted with the application. Council’s Arborist has reviewed the proposal and assessed the existing vegetation on the site and comments are detailed above. It is noted: residents have identified there are a number of significant trees on site and several are included on the tree register which could be impacted by the proposal.

The trees on the site are not protected by a Heritage or Vegetation Protection Overlay. A tree to the site frontage has been nominated for inclusion on Council’s Exceptional Tree Register which is currently under preparation. This tree is to be retained as part of the proposal. The trees to both site frontages are to be retained and the applicant has indicated measures would be undertaken to ensure the location of any buildings/driveways, etc. do not impact upon the existing tree to the east at 311 Russell Street. If the development were to be approved, conditions could be imposed to ensure the existing vegetation be retained. Whist it is acknowledged some significant vegetation is to be retained on site, it is considered the layout of the development fails to address the landscape character of the neighbourhood. As discussed previously, the landscape character of the neighborhood primarily comprises single dwellings on medium to large sized allotments with generous open spaces and separation between buildings. The layout of the proposed development fails to respond to this character in that the building form of the dwellings is attached with minimal setbacks to adjacent dwellings and site boundaries, thereby creating functional open spaces on the site which provide minimal opportunity for any meaningful landscaping which will contribute to


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the landscape character of the neighbourhood and go some way to maintaining the existing habitat for plants and animals which is unique to this area. Access and Parking Clause 52.06 of the planning scheme requires one (1) car parking space is required to each one or two bedroom dwelling. One (1) visitor car parking space is required to every five dwellings proposed. The development comprises two (2), two bedroom dwellings and six (6), one bedroom dwellings. Each dwelling will be provided with one car parking space, either within a garage, carport or a designated open car parking area. No visitor car parking is proposed. Surrounding residents have raised concerns in relation to the overall number of dwellings and the impact of traffic and car parking associated with the development to both Barkly and Russell streets. Residents note Barkly Street is a through road from Warrenheip Street to Inglis Street to the east and that the intersection with Warrenheip Street is often congested during peak periods. The development will result in increased vehicle movements and the parking of resident and visitor vehicles on the street, which is considered by residents will contribute to congestion on the street and make it unsafe for pedestrians, given that there are no footpaths to either Barkly or Russell Streets. The application was referred to Councils Traffic and Transportation Sections and Councils Engineers and comments are detailed above. Councils Engineers have no issue in relation to the capacity of the road network to accommodate the additional vehicle movements or car parking generated by the proposed development. Following the mediation meeting, Council Officers reviewed the most recent traffic study for Barkly Street, between Warrenheip and Inglis Street, which was undertaken in 1998. At this time Barkly Street was nominated as a local access street and carried approximately 250 vehicle movements per day. While the traffic study was undertaken a number of years ago, it is noted a local access street can accommodate a traffic volume of approximately 2,000 vehicle movements per day and therefore it is unlikely that the road would be at capacity as a result of the development. In relation to the design and location of the car parking and access within the development, Councils Engineers have identified several design issues which compromise the easy and efficient use of these facilities for future occupants. This includes the absence of undercover car parking for dwellings 3 and 5. The location of these spaces and their access impedes the dwelling entry of dwellings 3 – 6 thereby impacting upon the safety and security of future occupants. This is a concern which has also been raised by residents as the lack of suitable car parking on the site may lead to residents and visitors parking on the street. Amenity Impacts The proposal has been assessed against the objectives and standards of Clause 55.04 of the Ballarat Planning scheme which relates to amenity impacts. The proposal exhibits compliance with this clause with minimal direct amenity impacts to


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immediately adjoining properties. As noted above, the principal issues in relation to this application relates to neighbourhood character. On site Amenity and Facilities Dwelling Entry It is the objective of Clause 55.05-2 to provide each dwelling with its own sense of identity. It is considered the entries of dwellings 2-7 within the proposed development are obscured from their respective site frontage (to both Barkly and Russell Streets) and will not be readily identifiable on entry to the site. Further, given this location they fail to provide an appropriate sense of address and transitional space around the entry which may result in safety and security issues for future occupants. The entries of dwellings 2 and 7 would be located on the rear elevation of each respective dwelling and would only be identifiable on immediate approach. The entries of dwellings 3-6 are recessed behind the front façade of the dwelling and would not be visible on entry to the site. Further, the location of these entries conflicts with the siting of car parking and vehicle maneuvering space for these dwelling. Private Open Space Each dwelling would be provided with private open space in accordance with the requirements of Clause 55.05-4 (more than 40m2). As discussed previously, the landscape character of the neighborhood primarily comprises single dwellings on medium to large sized allotments with generous open spaces and separation between buildings. The layout of the proposed development and the configuration of open space provides minimal opportunity for landscaping consistent with the character of the neighbourhood. OBJECTIONS It is a well-established planning principle that depreciation of land or property values resulting from development is not a relevant planning consideration. As stated in Skunca v Mornington Peninsula SC [2004], “If adjoining land is devalued because of detriment to its amenity, it is the detriment to the amenity that is considered in relation to town planning, not the resulting devaluation.” Therefore, property value is not, in itself, a planning consideration. Amenity impacts are relevant and the potential amenity impacts have been addressed earlier in this report. In response to the grounds of objection not already discussed in the report, the following comments are made: Heritage The proposal does not take into account the heritage value of the existing house and shed on the land or the heritage value of the street. A resident notes the existing house and shed (brick dairy) is more than 100 years old and these features are to be demolished to allow for the construction of the


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development. At the mediation meeting the resident circulated photos of the dwelling and dairy building to demonstrate their significance. The site is not included in a Heritage Overlay and therefore a planning permit is not required for demolition. It is noted the extent of the Heritage Overlay in this area of Buninyong is located to the west of Inglis Street (HO38) and relates to the former Ballarat-Buninyong Railway Land. Following the mediation meeting Council Officers instructed Councils Heritage Adviser to undertake an inspection of the property and the existing buildings. It was noted that the site is not identified in any heritage study as being worthy of individual heritage protection nor any recommendation for further investigation. The original timber house has been heavily compromised with modern claddings, alterations to windows and doors and removal of the original 3 sided verandah. Despite this, the place is of Victorian era origin and does have some significance, although it would not warrant individual heritage protection. Of interest is the tiny single room brick building at the rear of the house. It was reportedly a dairy, although the openings and internal linings are not typical of this use. The structure is in very poor condition. The brick wall (single skin) adjacent to the door has deteriorated significantly and large sections of a number of the individual bricks have eroded away. At some stage a plant has been growing over and through the structure with remnant sections of it remaining within the roof space under the corrugated iron cladding and behind the door architrave. It is recommended the place does not warrant individual heritage protection, however it is of some heritage significance and heritage interest and therefore, if demolition of the house and the outbuilding (dairy) are to be considered, a permit condition requiring archival quality recording of the structures prior to demolition would be appropriate. Construction Impacts Concern was raised by submitters regarding the large equipment needed for demolition and construction and the impact of tradespersons vehicles, etc. while the development is under construction. The conditions of planning permits generally require developers comply with a construction management plan and other construction amenity requirements to ensure that disturbance to surrounding residents is kept to a minimum during construction. If the development was approved, these conditions would be imposed to ensure the amenity of the surrounding area was protected during construction. Bushfire Management Submissions were made the site is proximate to bush land (to the east of Inglis Street); thus bushfire management/proximity to bushfire is an issue. The site is not included in the Bushfire Management Overlay of the Ballarat Planning Scheme. The overlay is located to the north east of Barkly and Inglis Streets. In this instance, bushfire is not an issue and referral to the CFA is not required. In the event the land is subdivided in the future, the proposed subdivision would be referred to the CFA who may specify requirements in relation to hydrants etc.


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Decrease in Property Values Objectors were concerned the development would negatively impact the value of properties in the surrounding area. As noted previously, this is not a valid planning consideration. Precedent Concern was raised that if the development is approved it would set precedence for the development of other vacant land in the surrounding area.

Precendent is not a relevant planning consideration. Each application is considered on its merits and Council is considering the application before it.

Future Tenants Residents raised concerns that, given the number of multi dwellings proposed and owing to the size of the dwellings, they may attract owners or tenants which may not share the same community values of the neighbourhood.

The future owners/occupiers of the site cannot be determined at this time. Because someone choses to live in a smaller house or unit because it suits their needs does not mean that they will not contribute to the community in the same way as a person who chooses to live in a larger family home or someone who has been living in an area for many years. LEGISLATION, COUNCIL PLAN, STRATEGY AND POLICY IMPLICATIONS Clauses relevant to the application include the following: State Planning Policy Framework (SPPF)

11 Settlement;

15 Built Environment and Heritage; and

16 Housing. Municipal Strategic Statement

21.03 Ballarat’s Strategic Framework;

21.04 Land Uses;

21.05 Built Form and Amenity;

21.07 Infrastructure; and

21.08 Local Areas (Canadian Valley 21.08-4).

In addition:

Charter of Human Rights Act 2007;

Victorian Charter of Human Rights and Responsibilities Act 2006;

Planning and Environment Act 1987;

Ballarat Open Space Strategy 2008

Canadian Valley Outline Development Plan, June 2005;

City of Ballarat Council Plan 2013-2017; and

Ballarat Planning Scheme.


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REPORTING AND COMPLIANCE STATEMENTS





Economic No No





Human Rights and Social/Cultural- The application has been assessed in accordance with the requirements of the Planning and Environment Act 1987 and the Ballarat Planning Scheme. The assessment is considered to accord with the Charter of Human Rights Act 2007 and the Victorian Charter of Human Rights and Responsibilities Act 2006. Specifically:

Freedom of Expression (part 2 section15);

A fair hearing (part 2 section 24);

Entitlement to participate to public life (part 2 section 18); and

Property Rights (part 2 section 20). OFFICER’S DECLARATIONS OF INTEREST Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report. ATTACHMENTS 1 PLP/2014/956 316 Barkly Street and 313 Russell Street Buninyong - PLANS


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12.3 DRAFT BALLARAT STRATEGY - POST EXHIBITION Division: City Strategy Director: Natalie Reiter Manager Responsible/ James Guy - Business Unit: Senior Strategic Planner Author/Position: Caroline Reisacher - Strategic Planner

RECOMMENDATION Council resolves to: 1. Acknowledge the extensive community engagement undertaken to date

on the Ballarat Strategy, and recognise that the document responds to more than 6,500 ideas and submissions made by individuals, community and business groups and Government Agencies.

2. Acknowledge submissions received during the engagement process for

the Draft Ballarat Strategy and that the document received strong community and business support.

3. Adopt the Ballarat Strategy as Council’s long-term strategic vision

towards 2040. 4. Adopt the Ballarat Planning Scheme Review (2015) as the review

required pursuant to section 12B of the Planning and Environment Act 1987, and forward the report to the Minister for Planning as required by section 12B (5) of the Planning and Environment Act 1987.

5. Request the Minister for Planning to Authorise an Amendment C194 to

the Ballarat Planning Scheme to incorporate the Ballarat Strategy into the Local Planning Policy Framework, and make other ancillary changes to the scheme, pursuant to section 8A(3) of the Planning and Environment Act 1987 and place C194 on exhibition pursuant to section 19 of the Planning and Environment Act 1987.

EXECUTIVE SUMMARY Today, Tomorrow, Together: The Ballarat Strategy outlines the long-term plan for a greener, more vibrant and connected Ballarat. It is supported by key concepts, policies and actions that will underpin land use decision-making in Ballarat over the next 25 years. Following almost two years of community consultation, including more than 6,500 individual submissions and ideas, the draft Ballarat Strategy was released for comment in April 2015. During this final 6 week consultation period, 64 submissions were received. Public responses to the draft Strategy were overwhelmingly positive, articulating strong support for the importance and overall vision of the document, key concepts, policy directions and initiatives. The ’10 Minute City’, urban forest, convenience living corridors and urban renewal precincts were particularly strongly supported. A small number of concerns were raised from submitters, generally focussed on detailed implementation items. Where appropriate, the document has been updated in response. This Report recommends Council adopt the Ballarat Strategy (2015) as Council’s


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long-term strategy for managing change towards 2040. The report also recommends Council adopt the Ballarat Planning Scheme Review (2015) which outlines the current performance of the planning scheme, considering the new strategic direction. To enable implementation of both elements, it is recommended there be a request for Authorisation from the Minister for Planning to prepare and exhibit an Amendment to the Ballarat Planning Scheme. RATIONALE Today Tomorrow Together: The Ballarat Strategy addresses an emerging gap in the long-term planning for Ballarat’s future. The last time the City of Ballarat developed a detailed plan that sought to address the strategies for Ballarat’s long-term growth was The Ballarat Strategy Plan in 1998. It was effective in planning for our city’s growth to 90,000 people; however, Ballarat now has over 100,000 residents, and is forecast to grow to more than 160,000 people by 2040. Previous Council decisions At the Council meeting held on 22 April 2015 Council resolved (R126/15) to:

1. Acknowledge the submissions received during the engagement process for the Preliminary Ballarat Strategy and the accompanying in-principle support for the policy direction and initiatives proposed.

2. Release the Draft Ballarat Strategy for community consultation. 3. Acknowledge the extensive community engagement undertaken to

date on the Draft Ballarat Strategy and the contributions made by individuals, community groups and Government agencies.

The Ballarat Strategy (final) The Ballarat Strategy outlines the new 25 year vision for a greener, more vibrant and connected Ballarat (Attachment 1). A comprehensive range of policy directions and actions outline the plan to get there, based around two key platforms: The ’10 Minute City’: Supporting complete, liveable neighbourhoods within a compact city The ’10 Minute City’ concept in Ballarat reflects community aspirations to maintain existing or improved levels of local access to destinations and services as the city grows over time. It is to be achieved by:

Making land use decisions so housing growth patterns reinforce a compact city;

Developing a network of complete local neighbourhoods;

Recognising key precincts for urban renewal and convenience living;

Transitioning towards a more sustainable transport network; and

Supporting the economic transition towards the jobs of tomorrow. The ‘City in the Landscape’: Supporting Ballarat to be a greener and more vibrant regional city. The ‘City in the Landscape’ concept reflects Ballarat’s enviable physical, cultural and historical location within its landscape. The concept recognises that nothing should be viewed in isolation of its physical and non-physical context. It is achieved by:

Adopting an urban forest approach to better manage our environment, improve the liveability and amenity of the City, and make us more resilient to a changing climate;


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Pursuing a new approach to managing change in our historic city and rural landscape;

Local plans for local communities;

Embracing the urban and rural landscape; and

Recognising and responding to a changing climate, and being resilient to environmental impacts and risks.

Submissions The draft Ballarat Strategy was released for community feedback from 23 April 2015 until 5 June 2015. Sixty four (64) submissions were received, including late submissions, from a wide range of business groups, Government Agencies, community leaders, special interest groups and individuals. Of those, approximately 50 provided strong support, 10 provided general support but requested specific changes, 2 identified specific areas of concern, whilst just 2 submissions suggested the Strategy fell short of their expectations. Given that more than 6,500 separate ideas and submissions have been considered to date, and this final stage of consultation alone included direct contact with almost 700 residents, organisations and community groups, this is an overwhelmingly positive result. Feedback focused on the following key points:

General support for the importance and overall vision of the document;

Support for implementation into the Ballarat Planning Scheme as quickly as possible;

Support for core elements, including the 10 Minute City concept, urban forest, convenience living corridors, complete neighbourhoods, urban renewal precincts, a more sustainable transport system and a focus on activation of the CBD; and

Support for the continuation of projects already underway, including Ballarat West Growth Area, Ballarat West Employment Zone and Western Link Road and Eureka Stadium Precinct.

A small number of submissions requested refinement of the document, often focusing on wording, local issues, specific projects or specific pieces of land. Refinement requests were across the full range of issues, usually relating to emphasis, or the proposed response. All suggestions have been reviewed and the document updated where possible. Key issues of concern generally related to: Detail not provided for local areas Submitters outlined a range of specific local issues sought to be addressed, particularly for the Buninyong Township. These issues are important and the Ballarat Strategy outlines how local area plans will be prepared to resolve these very issues. A community forum to commence the first township plan, for Learmonth, is scheduled for late July 2015. Request for additional content on specific issues Submitters with specific areas of interest outlined a range of additional material, emphasis and project ideas, including: specific routes for new walking, cycling and bus connections and the need for a gender lens to be applied to planning. This level of detail is too specific for a strategic level plan, but the ideas have been recorded and will be used to inform future detailed implementation of the strategy.


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Lack of monitoring and key performance indicators Submitters raised concern at the lack of detailed performance indicators. Measuring performance is an important part of all planning, and future projects, programs and decisions will be closely assessed against the intent of the Ballarat Strategy. In terms of specific measurement of performance, it is important to recognise the respective roles of the long-term strategy (25+ years) and the Council Plan (4 years). Guided by the aspirations and context of the long-term strategy, it is the responsibility of the Council of the day to develop and implement the Council Plan, linked to the annual budget, capital works program, and operational plans, to affect real change. This is the appropriate forum for the detailed monitoring of performance, as it appropriately links resources with outcomes. Site specific requests for land to be included in the Greenfield Investigation Areas Submissions were received in relation to two specific pieces of land not recognised as future greenfield investigation areas; an 55ha area immediately south of the current Lucas Activity Centre and a 575 ha precinct dissected by Remembrance Drive at 614 Cuthberts Road, Cardigan. Both submitters requested their land be considered for future greenfield development. The Strategy, however, makes it clear the investigation areas simply indicate land which meets the principle of the ’10 Minute City’ and where long-term development could potentially support Ballarat as a compact, highly liveable and well-connected city. As such, these areas are the subject of separate more detailed investigation. The Ballarat Strategy makes no assessment of the potential feasibility of these sites, nor any assessment of the merits or otherwise of development on the submitter’s land. Those submitters would be able to argue the merits of their land when a decision is required on the future site for additional greenfield supply, which is a separate matter to the Ballarat Strategy. Ballarat Strategy outlines how those assessments will be undertaken at that future time. The Strategy does not meet personal expectations Two submitters outlined a wide range of concerns with the Ballarat Strategy, governance, financial management, City of Ballarat more generally, and outlined their own expectations for a long-term strategic plan for Ballarat. Their views are noted, but not shared by Council officers nor other submitters to this or previous stages of the project. A full record of submissions and Council’s response is included as Attachment 2. Ballarat Planning Scheme Review (2015) Section 12B of the Planning and Environment Act 1987 requires a planning authority to regularly review the provisions of the planning scheme. The purpose of the review is to enhance the effectiveness and efficiency of the planning scheme in achieving:

The objectives of planning in Victoria;

The objectives and strategies of the planning scheme including the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF); and

The review should assess whether the scheme provisions, such as local planning policies, zones, overlays and schedules have been effective and efficient in achieving the objectives and strategies of the planning scheme.

The review also provides the opportunity to evaluate the planning scheme to ensure that it:


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Is consistent in form and content with any directions or guidelines issued by the Minister under section 7(5) of the Act;

Sets out effectively the policy objectives for use and development of land in the area to which the planning scheme applies; and

Makes effective use of State provisions and local provisions to give effect to State and local planning policy objectives.

In conjunction with the development of the Ballarat Strategy, a review of the current Ballarat Planning Scheme has been undertaken. The review concludes that the current Local Planning Policy Framework (LPPF) does not adequately represent the vision, key issues and opportunities nor strategic direction for growth and change supported by the community. It is also noted that the current content of the LPPF is in many cases outdated, poorly phrased or expressed, a duplicate of State Policy or a redundant control. A number of technical deficiencies have also been identified. The scheme requires significant review and modification to remain a relevant and useful guide to decision-making. LEGISLATION, COUNCIL PLAN, STRATEGY AND POLICY IMPLICATIONS A planning scheme amendment is required to embed Today Tomorrow Together: The Ballarat Strategy into the Local Planning Policy Framework of the Ballarat Planning Scheme. The Strategy will also provide overarching guidance for future Council Plans and other strategy documents and provide local guidance on implementing the Central Highlands Regional Growth Plan and related State and Regional planning frameworks. It is a key tool for implementing the findings of Ballarat Imagine and Our Vision of the Future. REPORTING AND COMPLIANCE STATEMENTS (do not delete this table)


Human Rights Yes No


Environmental/Sustainability Yes Yes

Economic Yes Yes

Financial/Resources Yes No


Implementation and Marketing Yes No

Evaluation and Review Yes No

Social/Cultural - ‘Today Tomorrow Together: The Ballarat Strategy’ will have substantial positive social impacts over the long term. The deep community engagement and development of a vision for Ballarat’s future has identified the aspects of Ballarat that the community values the most. This includes things like heritage places and the ease with which people can get around in Ballarat. Now that they have been identified, Council can work to protect and enhance them. Second, it will guide Council’s delivery of community infrastructure and services over the long term. This includes assisting Council to ensure that growing areas receive the community services they require. Environmental/Sustainability - The Ballarat Strategy will help to deliver environmental goals. Having a strategy of this type allows growth to be guided to locations where it has a lower environmental impact, and to better integrate biodiversity into decision-making.


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Economic - The Ballarat Strategy will support economic growth. For example, by identifying where growth will occur, it will allow service and infrastructure providers, including Council, to plan effectively to meet the needs of a growing city. This is critical for ensuring infrastructure is provided in a timely and cost-effective fashion. In the long term, better infrastructure planning leads to lower rates and lower charges for water, sewerage and so on. Financial/Resources - ‘Today Tomorrow Together: The Ballarat Strategy’ sets the long-term priorities for Ballarat. It does not, however, prescribe specific costs or resourcing. CONSULTATION The Ballarat Strategy is the product of continuous and extensive community engagement since early 2013, including the following: Ballarat Imagine Ballarat Imagine, commenced in February 2013, outlined what our community values about Ballarat now and our collective aspirations for Ballarat’s future. A wide range of engagement opportunities and feedback were provided via postcards, social media forums and Council’s website, which resulted in over 6,000 responses. 10 Game Changing Questions for Ballarat’s Future Extensive consultation commenced in April 2014 seeking community feedback on the ‘Game Changing Questions’ to guide policy directives. Extensive engagement opportunities included several workshops, drop-in sessions and social media. The Preliminary Ballarat Strategy The Preliminary Ballarat Strategy was released in November 2014 and was an important opportunity for the community to provide feedback on the general direction, concepts and structure of t he Ballarat Strategy at an interim stage. The Preliminary Ballarat Strategy outlined the policy direction and associated initiatives proposed to deliver the vision of the community by 2040. Draft Ballarat Strategy Members of the Ballarat community were invited to participate in the engagement process via Facebook and other social media discussions; Have Your Say on the city’s webpage; the online forum for the Draft Strategy; written submissions, and by requesting a meeting with Council Officers. Almost 700 individuals, groups and businesses were directly informed of the consultation period. This is in addition to notification in the Winter edition of ‘My Ballarat’, which contained a two-page spread outlining the key points of the Draft Ballarat Strategy and inviting members of the public to have their say – sent to all properties in the Municipality.


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OFFICER’ DECLARATIONS OF INTEREST Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report. REFERENCE DOCUMENTS

Ballarat Imagine What You Said;

Today Tomorrow Together: The Ballarat Strategy – Our Vision for 2040;

Today Tomorrow Together: The Ballarat Strategy - 10 Game Changing Questions for Ballarat’s Future;

Today Tomorrow Together: The Ballarat Strategy - 10 Game Changing Questions for Ballarat’s Future What You Said;

Preliminary Ballarat Strategy – Policy direction, initiatives and the way forward;

Today Tomorrow Together: The Draft Ballarat Strategy;

Central Highlands Regional Growth Plan, and

Plan Melbourne. ATTACHMENTS 1 Today, Tomorrow, Together: The Ballarat Strategy (Final) 2 Draft Ballarat Strategy - Summary of Submissions 3 Ballarat Planning Scheme Review (2015)


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12.4 BALLARAT HERITAGE WEEKEND 2015 Division: City Strategy Director: Natalie Reiter Author/Position: Jeff Johnson - Manager Community Events

RECOMMENDATION Council resolves to: 1. Acknowledge 15,000 visits to the 2015 Ballarat Heritage Weekend, with

70% locals and 30% visitors. 2. Acknowledge the positive economic impact generated by the 2015

Heritage Weekend was $744,370. 3. Work through the Destination and Economy Portfolio Team to further

develop the 2016 Ballarat Heritage Weekend. EXECUTIVE SUMMARY The 2015 Ballarat Heritage Weekend was successfully delivered over the Mother’s Day weekend of Saturday 9 and Sunday 10 May. Whilst there were 15,000 visitations to the event, 38% or 5,750 people attended both days, therefore the event received 9,250 individual people to the event. An interesting attendance statistic to note: of the locals that attended the event, 30%, or 1,956 people, specifically decided to stay in Ballarat rather than travel away, in order to attend the event. The event theme for 2015 was “A Century of Service”, which focused on showcasing the military involvement experienced by the citizens of Ballarat over the last 100 years. Once again, the event highlighted Ballarat’s unique historical assets by offering access to a range of heritage buildings and streetscapes. Furthermore, and in support of the theme, many local historical groups and societies provided their expertise and historical research for display. There is little doubt this close partnership with local historic groups and venues continues to ensure the Weekend’s success Key features of the event included:

Guided tours on three double decker buses;

A pop-up shop designer market;

Lydiard and Sturt street historic tours;

A military vehicle display on Lydiard Street South;

An interactive display of a Century of Service in the Mining Exchange;

Period music and performances; and

A research hub in the Library.


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RATIONALE Ballarat’s history and heritage assets are considered some of the most important in Australia, particularly the streetscape of Lydiard Street North. Important in their own right, these heritage assets are also a key driver for tourists seeking a cultural experience. The Ballarat Heritage Weekend event provides a platform to showcase and celebrate our rich heritage. It is also a key tool in providing education and insight for tourists and the local community of the importance of our built heritage and the need to preserve it for future generations. The event aims to heighten this appreciation and provide real experience of Ballarat’s history through its many historical venues, collections and activities. Event Goals:

To increase both tourist and local participation in heritage activities which activate the CBD; and

To strengthen community awareness and pride for Ballarat’s heritage.

Event Objectives:

Motivate Ballarat community and their visiting friends and relatives to attend Ballarat Heritage Weekend;

Facilitate community projects and partnerships, which benefit the overall experience of Ballarat Heritage Weekend; and

Develop strong working relationships with local historical groups and experts.

LEGISLATION, COUNCIL PLAN, STRATEGIES AND POLICY IMPACTS

City of Ballarat Council Plan 2013-2017. REPORTING AND COMPLIANCE STATEMENTS





Economic Yes Yes

Financial/Resources Yes Yes

Risk Management Yes Yes

Implementation and Marketing Yes Yes

Evaluation and Review Yes Yes

Human Rights - It is considered that this Report does not impact on any human rights identified in the Charter of Human Rights Act 2007. Social/Cultural – Two independent third party contractors were commissioned to headcount all spectators and to conduct qualitative surveys. The following statistics have been derived from that research:

Of the 9,250 event attendees, 6,521 or 70.5% were from Ballarat;

57% of respondents stayed at the event for half a day or longer (87.1% stayed for 2 or more hours);

A significant 95% of respondents indicated they wished to attend future Heritage events;


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91% of respondents indicated the event met and/or exceeded their expectations;

62% of respondents indicated they had attended a previous Ballarat Heritage Weekend event. This represents a very good return rate and satisfaction with the event; and

38% of respondents attended the event on both days. Ballarat has a long and vibrant history, and the Ballarat Heritage Weekend allows the local and wider community the opportunity to experience and appreciate our shared and unique identity. Many local community heritage groups and organisations participated in the 2015 event and have indicated a strong interest in doing so for future events. The above statistics also indicate a strong affiliation and support toward the event by the wider community. This is particularly highlighted by the high percentage of survey respondents indicating their expectations were met/exceeded. Economic - Whilst the event is largely considered a community event, it is also a major tourist attraction and generates a significant tourist based economic impact for Ballarat. Independent third party research was undertaken to calculate both media value as well as tourism based economic impact of the event. The following Table BHW.1 reports on free media exposure for Ballarat resulting from the event and its calculated monetary value, provided by the independent media research company, Media Monitors.

Media Type Volume of news items

Audience/Circulation Advertising Space Rates

Press 42 3,185,084 $190,425

Radio 12 Not available $7,181

Internet 43 1,474 $30,670

Television 31 368,000 $19,255

Total 3,554,558 $247,531

Table: BHW.1

Summary Estimation of Economic Impact Of the 9,250 attendees, 29.5% or 2,729 were tourists. The following Table BHW.2 indicates the breakdown of tourist overnight stays and day trippers, calculating their respective economic impact:

Table: BHW.2 *See Table: BHW.1 above

Total economic impact of the event: $744,371

Visitation Average nights

stayed Total bed

nights Spend value Total

1200 overnight stays 2.08 2496 $136 $339,456

1528 day trippers N/A N/A $103 $157,384

Media Coverage * N/A N/A N/A $247,531

TOTAL $744,371


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Financial/Resources - As a hallmark Council event, practically all aspects of the weekend were offered free to the general public therefore there is no income included in the event budget. Risk Management - The Community Events Unit regularly manages a number of large events and has significant processes in place to mitigate the operational risks. There are no notable safety implications related to the event. Implementation/Marketing - Objectives of the City of Ballarat marketing and communications plan were to:

Use the event to promote Ballarat’s reputation as a significant tourist destination for visitors seeking a heritage and/or cultural experience;

Promote the event to drive tourist visitation;

Inform local community about the event and to encourage their attendance and participation; and

Build a sense of community pride in the event. The Marketing and Communications Plan involved the following: A four week marketing campaign was implemented to promote the event, which included:

Regional and local television commercials;

Regional and local radio advertisements and interviews;

An event specific website;

An event specific Facebook page;

Press advertising in The Courier;

Promotion in My Ballarat; and

Print material including DL pamphlets and event program. A range of media releases and photo opportunities (local and metro) were also completed in the lead up to and during the event. Evaluation and Review - Planning for future Ballarat Heritage Weekend content and direction will utilise the independent third party research reports. These reports outlining community satisfaction is integral to the post event review and evaluation. Copies of the research reports and attached to this Council Report. CONSULTATION Once again for 2015, the event consulted with and enlisted the support of a large number of community groups and venues to assist in the delivery of activities and demonstrations. They included:

Art Deco & Modernism Society;

Art Gallery of Ballarat;

Backspace Gallery;

Baileys Mansion (St John of God Hospital);

Ballaarat Mechanics' Institute;

Ballarat Aviation Museum;

Ballarat Chinese Community Association;

Ballarat Genealogical Society;

Ballarat General Cemetery;

Ballarat Fire Station;

Ballarat Historical Society;

Ballarat Municipal Observatory;


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Ballarat National Theatre;

Ballarat Old Colonists' Hall;

Ballarat Ranger Military Museum;

Ballarat RSL;

Ballarat Synagogue;

Ballarat Trades Hall;

Ballarat Tramway Museum;

BLOC Music Theatre;

Buninyong Historical Society;

CAFS;

Collectors Museum;

Craig's Royal Hotel;

David Wright Militaria;

Federation University;

Friends of Avro Anson Museum;

Gold Museum;

Her Majesty’s Theatre;

Ladies Vintage Bicycle Association;

Learmonth & District Historical Society;

Lucas History Group;

M.A.D.E;

Military History Group;

Mining, Mud and Medals;

National Trust Ballarat Branch;

Neil Street Uniting Church;

Public Records Office Victoria;

Regent Cinemas Ballarat;

Royal South Street;

Sebastopol Historical Society;

Sovereign Hill; and

Tramways Museum. OFFICER’ DECLARATIONS OF INTEREST Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report. REFERENCE DOCUMENTS

ASR Media Report 2015 Heritage Weekend;

ITESA Survey Report 2015 Heritage Weekend; and

Attendance Report 2015 Heritage Weekend. ATTACHMENTS 1 Attendance Report 2015 Heritage Weekend 2 ISENTIA Media Report 2015 Heritage Weekend 3 ITESA Survey Report 2015 Heritage Weekend


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12.5 CONTRACTS APPROVAL SPECIAL COMMITTEE REPORT TO COUNCIL - 24 JUNE 2015 Division: Business Services Director: Glenn Kallio Author/Position: Lorraine Sendall -

Executive Assistant to the Chief Financial Officer

RECOMMENDATION Council resolves to: 1. Note, as per the Local Government Act 1989 section 77(2) in Report Item

14.3 on this matter is designated confidential information under section 89(2) as Contractual Matters and has been considered in making this recommendation.

2. Endorse the Contracts Approval Special Committee minutes for:

24 June 2015. EXECUTIVE SUMMARY The purpose of this Report is to provide Council with the Minutes of the Contracts Approval Special Committee (the Committee) meeting held on 24 June 2015 that approved one Contract. RATIONALE

The Committee was established to effectively facilitate Council’s Capital Works Program and meet, as required, in order to provide Council Officers with necessary decisions of Council to enable procurement processes to be completed. Section 93 of the Local Government Act 1989 (the Act) requires that copies of minutes of meetings of Special Committees of Council are to be kept. Part 5 of the Act also lists minutes of section 86 Committees as a prescribed matter and are to be made available to the public. This Report advises that Minutes of the Committee are attached to this Report for the meeting held on 24 June 2015. LOCAL CONTENT

Contract Awarded to Value Outcomes Local Content

Outcome

2013/14-37 A.W. Nicholson $363,650-00

Variation to Ballarat Aquatic and Lifestyle Centre 50M Indoor Pool Construction Contract

Yes

The tender assessment process was undertaken using an evaluation matrix.


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LEGISLATION, COUNCIL PLAN, STRATEGIES AND POLICY IMPACTS



Local Government Act 1989;

City of Ballarat Council Plan 2013-2017;

City of Ballarat Procurement Policy; and

City of Ballarat Industry Participation Program. REPORTING AND COMPLIANCE STATEMENTS





Economic No No

Financial/Resources Yes Yes




Human Rights - It is considered that this Report does not impact on any human rights identified in the Charter of Human Rights Act 2007. Social/Cultural - The inclusion of the Minutes in the Council Agenda and the availability to the public will increase awareness of the activities of the Committee and could increase community involvement in decision making at Council. Financial/Resources - As contained with the Confidential Attachment Report. Risk Management - The Act requires that minutes of Committees established under section 86 are kept and made available to the public. There are implications if minutes of Special Committees are not presented to Council. CONSULTATION Consultation is made available to the public with balanced and objective information to assist in understanding problems, alternatives, opportunities and/or solutions via the Council Agenda, website and Statutory Registers. OFFICER’ DECLARATIONS OF INTEREST Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report. ATTACHMENTS 1 Contracts Special Committee Minutes of meeting held 24 June 2015


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12.6 ASSEMBLY OF COUNCILLOR RECORDS Division: Governance Director: Glenn Kallio Manager Responsible/ Lorraine Sendall - Business Unit: Executive Assistant to the Chief Financial

Officer Author/Position: Maxine Vallance - Governance Administration Officer

RECOMMENDATION Council resolves to: 1. Adopt the Assembly of Councillor Records for:

26 May 2015 Growth & Development Portfolio meeting;

29 May 2015 Destination & Economy Portfolio meeting

3 June 2015 Discuss Cycling at Victoria Park Committee meeting;

3 June 2015 Councillors’ Assembly Briefing Record;

4 June 2015 Ballarat Airport Advisory Committee meeting;

5 June 2015 Growth & Development Portfolio meeting;

12 June 2015 Disability Advisory Committee meeting;

16 June 2015 Koorie Engagement Action Group meeting;

17 June 2015 Councillors’ Assembly Briefing Record;

18 June 2015 People & Communities Portfolio meeting;

22 June 2015 Growth & Development Portfolio meeting;

26 June 2015 Western Highway Action Committee meeting; and

26 June 2015 Destination and Economy Portfolio meeting. EXECUTIVE SUMMARY The purpose of this Report is to provide Council with copies of Assembly of Councillor Records as required under section 80A(2) of the Local Government Act 1989. RATIONALE Section 80A(2) of the Local Government Act 1989 requires the record of an Assembly of Councillors to be reported at an Ordinary Council meeting. Assembly of Councillors Records are attached to this Report. LEGISLATION, COUNCIL PLAN, STRATEGIES AND POLICY IMPACTS



Local Government Act 1989; and

City of Ballarat Council Plan 2013-2017.


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REPORTING AND COMPLIANCE STATEMENTS





Economic No No





Human Rights - It is considered that this Report does not impact on any human rights identified in the Charter of Human Rights Act 2007. Social/Cultural - The inclusion of the attached Assembly of Councillor Records in the Council Agenda and the availability to the community increase awareness of the activities of Council and could increase community involvement in decision making at Council level. Risk Management - There are implications with regards to Council’s compliance with the Local Government Act 1989 if Assembly of Councillor Records are not reported to Council. CONSULTATION Council will provide the public with balanced and objective information to assist them in understanding the problem, alternatives, opportunities and/or solutions via the Council Agenda and website. OFFICER’ DECLARATIONS OF INTEREST Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report. ATTACHMENTS 1 26 May 2015 Growth & Development Portfolio meeting 2 29 May 2015 Destination & Economy Portfilio meeting 3 3 June 2015 Discuss Cycling at Victoria Park Committee meeting 4 3 June 2015 Councillors’ Assembly Briefing Record 5 4 June 2015 Ballarat Airport Advisory Committee meeting 6 5 June 2015 Growth & Development Portfolio meeting 7 12 June 2015 Disability Advisory Special Committee 8 16 June 2015 Koorie Engagement Action Group 9 17 June 2015 Councillors’ Assembly Briefing Record 10 18 June 2015 People and Communities meeting 11 22 June 2015 Growth and Development Portfolio meeting 12 26 June 2015 Western Highway Action Committee meeting 13 26 June 2015 Destination and Economy Portfolio meeting


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12.7 OUTSTANDING QUESTION TIME ITEMS REPORT Division: Governance Director: Glenn Kallio Manager Responsible/ Lorraine Sendall - Business Unit: Executive Assistant to the Chief Financial

Officer Author/Position: Maxine Vallance - Governance Administration Officer

RECOMMENDATION

Council resolves to:

1. Endorse the Outstanding Question Time Items Report for the period up to and including 8 July 2015.

EXECUTIVE SUMMARY This Report provides Council with an update of responses to questions taken on notice and outstanding unanswered questions from Council Question Time. RATIONALE The City of Ballarat Local Law No. 18 - Meeting Procedure calls for a standard Agenda Item at each Council meeting that reflects unanswered questions from public question time. Below are unanswered questions for the period up to and including 8 July 2015.

Questions with responses from Council meetings

Meeting Requested Question Response

13/05/15 QT131/15

Grant Tillett When Council passes over control of the current Saleyards to a third party, will Council advise what dollar value the community will receive for the goodwill after the construction of an alternative facility?

A comprehensive response is being prepared.

27/05/15 QT134/15

Peter Berlyn Can Council provide details of the application process to view the Council Gift Register, outlining how the current application requirements complies with the Charter of Human Rights and Responsibilities Act, 2006 and the Public Administration Act, 2004?

A response is being prepared.

http://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAA&url=http%3A%2F%2Fwww.austlii.edu.au%2Fau%2Flegis%2Fvic%2Fconsol_act%2Fcohrara2006433%2F&ei=B15mVebxNojY8gWYu4HABQ&usg=AFQjCNEJXOqpNA8S7WSUuQu19op7UeM1iw&bvm=bv.93990622,d.dGc

http://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAA&url=http%3A%2F%2Fwww.austlii.edu.au%2Fau%2Flegis%2Fvic%2Fconsol_act%2Fcohrara2006433%2F&ei=B15mVebxNojY8gWYu4HABQ&usg=AFQjCNEJXOqpNA8S7WSUuQu19op7UeM1iw&bvm=bv.93990622,d.dGc


55

LEGISLATION, COUNCIL PLAN, STRATEGY AND POLICY IMPLICATIONS

City of Ballarat Local Law No. 18 - Meeting Procedure. OFFICERS’ DECLARATION OF INTERESTS Council Officers affirm that no direct or indirect interests need to be declared in relation to the matter of this Report.

ATTACHMENTS There are no attachments to this Report.


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14.1 NATIONAL STRONGER REGIONS FUND ROUND TWO Division: Executive Unit Director: Anthony Schinck Author/Position: Cameron Duthie - Policy & Projects Strategist (Contractual matters)


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14.2 BALLARAT AQUATIC LIFESTYLE CENTRE Division: Business Services Director: Glenn Kallio Author/Position: Glenn Kallio - Chief Financial Officer (Contractual matters)


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14.3 CONFIDENTIAL ATTACHMENT - CONTRACTS APPROVAL SPECIAL COMMITTEE REPORT TO COUNCIL - 24 JUNE 2015 Division: Business Services Director: Glenn Kallio Author/Position: Lorraine Sendall -

Executive Assistant to the Chief Financial Officer

(Contractual matters)

agenda of council meeting - 22 july 2015 · and i would like to welcome members of the public in...

Documents