Agenda 31 july 2013

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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 31 July, 2013

*** Broadcast live on Phoenix FM 106.7 ***

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 21 August, 2013

Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s Agendas & Minutes

can be obtained online at www.bendigo.vic.gov.au

http://www.bendigo.vic.gov.au/

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Council Vision

Our residents can live healthy and satisfying lives in our vibrant City and region, confident in its growth and future.

Council Purpose and Values Councillors have made a commitment in their Code of Conduct to working and leading together in:

Making informed, balanced and objective decisions

Acting honestly

Taking responsible financial decisions

Ensuring good governance

Being inclusive in their activities and sharing information with others

Learning from each other

Respecting each other's undertakings

Being respectful in their interactions with others

Communicating clearly about decisions that have been made

Fulfilling their undertakings and being clear when this is not possible

Working positively with the media to ensure community members are provided with accurate information

Themes

Planning for Growth

Liveability

Productivity

Sustainability

Good Governance and Decision-Making

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ORDINARY MEETING WEDNESDAY 31 JULY 2013

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

CODE OF CONDUCT 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

CR WERAGODA'S REPORT 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 9

2. BUDGET 2013/2014 10

2.1 Adoption of 2013/2014 Budget 10

3. PLANNING FOR GROWTH 49

3.1 Planning Scheme Amendment C190 - Rezoning of Land at

244 Edwards Road, Maiden Gully and Part CA43H Parish

of Marong - Consideration of Submissions

49

3.2 Planning Scheme Amendment C191 - Change to Planning

Controls for Wellsford Estate - For Consideration of

Submissions

76

3.3 Planning Scheme Amendment C192 - Rezoning of 184

Jobs Gully Road, Jackass Flat to Commercial 1 Zone

84

3.4 Planning Scheme Amendments - To Endorse Request for

Interim Heritage Controls (C202) and Seek Authorisation

for Permanent Heritage Controls (C203) for 384-386 Napier

Street, White Hills

92

3.5 56 Brougham Street, Bendigo 3550 - Development of a

Dwelling, Fence and Associated Outbuildings

104

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3.6 116-118 Bridge Street, Bendigo 3550 - Partial Demolition

and Extension to Existing Dwelling and Gallery

116

3.7 51 Creek Street South, Bendigo 3550 - Construction of a

Radio Antenna

130

3.8 224 Queen Street, Bendigo 3550 - Construction of a

Second Dwelling on a Lot

139

3.9 258 Old Murray Road, Huntly 3551 - Construction Of A

Telecommunications Facility (For The Purposes Of The

National Broadband Network (Nbn) Rollout)

153

3.10 25 Homebush Drive, Junortoun 3551 - 2 Lot Subdivision of

Land and Approval of Development Plan

167

3.11 Eaglehawk Structure Plan - Proposed Changes 175

3.12 Fortuna - Submission to the Heritage Council on

Proposed Inclusion on the Victorian Heritage Register

181

3.13 Adoption of Thematic Environmental History and

Preparation of Amendment C201 - Greater Bendigo

Thematic Environmental History Planning Scheme

Amendment

187

4. LIVEABILITY 192

4.1 Council Plan Fourth Quarterly Report 2012-2013 192

4.2 Emergency Management 199

5. PRODUCTIVITY 204

6. SUSTAINABILITY 204

7. GOOD GOVERNANCE AND DECISION MAKING 205

7.1 Contracts Awarded Under Delegation 205

7.2 Record of Assemblies 206

8. URGENT BUSINESS 214

9. NOTICES OF MOTION 214

10. COUNCILLORS' REPORTS 214

11. MAYOR'S REPORT 214

12. CHIEF EXECUTIVE OFFICER'S REPORT 214

13. CONFIDENTIAL (SECTION 89) REPORTS 214

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 31 July 2013

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

CODE OF CONDUCT

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time.

PUBLIC QUESTION TIME

Public Question Time Guidelines Public Question Time – Purpose Council has provided the opportunity for members of the public to ask questions of broad interest to Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through its Customer Request System. By the time planning matters have reached the council agenda, they have been through an extensive process as required by the Planning and Environment Act. In addition, in most instances mediation has been held between the parties involved. Throughout the process there are many opportunities for the people to ask questions. Therefore, no questions relating to planning matters on the Agenda will be accepted. Public Question Time – Where, When And Who The public question time is held at every Ordinary Meeting of Greater Bendigo City Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo. The public question time is held at the start of the meeting as close as practical to 6:00pm. A maximum of 30 minutes has been provided for registered and unregistered questions. Residents are encouraged to lodge questions in advance so that a more complete response can be provided. Questions will be put to the Council by the individual posing the question; the question will be answered by the Mayor or CEO, or where appropriate, Councillors or Council Officers.


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Acceptance of Questions Each person asking a question of Council is required to stand, state their name, and address the Mayor. Public Question Time is not an opportunity for making of statements or other comments. Council’s Meeting Procedure Local Law does not allow for other questions or comments during the remainder of the meeting. 1. An individual may only ask one question per meeting, a follow-up question may be

permitted at the discretion of the Mayor. 2. In the event that the same or similar question is raised by more than one person, an

answer may be given as a combined response. 3. In the event that time does not permit all questions registered to be answered,

questions will be answered in writing or referred to the next meeting if appropriate. 4. The Mayor and or CEO have the right to decline registration on basis of:

Prosecution, summonses or any other litigation;

Most appropriately addressed by other means;

Vague, irrelevant, insulting or improper, defamatory;

Answer likely to compromise his / her position;

Confidential, commercial-in-confidence. 5. Each individual whose registration form has been accepted or declined will be

advised by the Friday of the week prior to the scheduled meeting. 6. In the event of a registration form being declined the registration form will be

circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR WERAGODA'S REPORT


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DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.


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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 10 July, 2013. The following items were considered at the Ordinary Council Meeting held on Wednesday 10 July, 2013 at 6:00pm.

Petition: Request for Traffic Lights for Olympic Parade and Mackenzie Street West, Kangaroo Flat

Petition: Safety Concerns re Intersection of Bayne and Lobb Streets, Bendigo

61 Jobs Gully Road, Eaglehawk - Subdivision of Land into 9 Lots and Common Property and the Removal of Native Vegetation

Lot 1 Bryden Road, Harcourt North - 2-Lot Resubdivision of Land

17-27 Goddards Lane, East Bendigo - Resubdivide Land into 2 Lots

23 Philpot Street, Long Gully - 2-Lot Subdivision and Construction of a Dwelling

Landscape Assessment Project - Adoption of the Landscape Assessment Report for Big Hill and Mandurang Valley

Bendigo Botanic Gardens - Garden for the Future Implementation

Parking in the View Street Precinct

Revised Axedale Community Plan 2013-2016

Community Policing Vehicle

Fortuna - Council Position on the Heritage Management Plan

Natural Environment Advisory Committee - Community Member Appointments

Contracts Awarded Under Delegation

Record of Assemblies

Section 89 - Contractual Matter The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 10 July, 2013 as circulated, be taken as read and confirmed.


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1. PETITIONS AND JOINT LETTERS

Nil.


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2. BUDGET 2013/2014

2.1 ADOPTION OF 2013/2014 BUDGET

Document Information

Author Marg Allan, Director Organisation Support Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose To consider the formal adoption of the 2013/2014 Budget. Policy Context Council Plan (2013-2017) Adopted 2013 5.2 The financial and physical resources of the organisation are managed efficiently

and well. Background Information In accordance with:

Section 127 of the Local Government Act 1989, Council must prepare a budget for each financial year commencing 1 July; and

Section 158 of the Local Government Act 1989, Council must declare the amount it intends to raise by general rates.

Report Council considered the Proposed Budget at its meeting on June 5, 2013 and resolved to advertise the budget which occurred on Saturday June 8, 2013. At the conclusion of the 28 day statutory period for public exhibition, 11 submissions were received and three were heard at a Committee meeting of the Whole Council on July 10, 2013. The Financial Plan for the years 2012/2013 to 2015/2016, included in the Strategic Resource Plan of the Council Plan, enables the annual budget to be developed within the context of a longer term financial framework. The key objective of the Financial Plan is to achieve the Council's strategic objectives, while ensuring financial sustainability in the medium to long term. The 2013/14 Budget has been developed to facilitate the achievement of the annual actions included in the Council Plan.


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Budget Details The budget has been prepared in accordance with relevant statutory requirements including the Local Government (Finance and Reporting) Regulations 2004. The key features of the budget are: The key features of the proposed budget are: 1. Capital and Major Works of $ 59.9M

During 2013/14, Council will continue to deliver on commitments to undertake significant capital projects which improve the liveability of the City. Projects include: the completion of the Bendigo Art Gallery expansion, completion of the redevelopment of the Bendigo Library, the commencement of the redevelopment of Canterbury Park Eaglehawk and a contribution toward the Bendigo Community Theatre. For Capital Works, Council will invest: $7.3M to create new assets, $5.8M to expand existing assets, and a further $34.2M to renew and upgrade existing assets. Council will also contribute $12.6M for major works. 2. An operating surplus of $9.17M including capital revenue of approximately $6.8M. 3. Repayment of debt of approximately $1.4M. 4. An increase in income from Rates and Municipal Charge of 6%. In April 2013, Ministerial Guidelines for Differential Rating were gazetted and must be applied to this budget and the 2013/14 rating year. Differential rates are established to:

a. Assist Council to meet its primary objective of endeavouring to achieve the best outcomes for the local community having regard to the long term and cumulative effects of Council’s decisions (section 3C(1) of the Act);

b. To raise revenue to be used to improve the overall quality of life of people in the local community within Council’s municipal district (in accordance with the facilitating objective in section 3C(2)(c) of the Act); and

c. To ensure the equitable imposition of rates and charges (in accordance with the facilitating objective in section 3C(2)(f) of the Act).

The City of Greater Bendigo applies 6 differential rates aiming to achieve the differentials as indicated by the percentages, as follows:

a. General for residential land. b. Commercial/Industrial land A for suburban properties is 185% of the general

rate. c. Commercial/Industrial land B for townships is 180% of the general rate. d. Commercial/Industrial land C for CBD properties is 190% of the general rate. e. Farm is 85% of the general rate. f. Vacant Residential and Rural Residential 125% of the general rate.


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The Farm Rate will increase by 4% and Vacant Land by 7.6%. The 4% Farm Rate increase takes into account ongoing difficulties experienced by the farming sector including the effects of both drought and flooding. These adjustments, combined with a 50% reduction in the amount of the Municipal Charge, bring the rates in the dollar approximately in line with the targeted percentage differentials outlined above. 5. An amount of $84.99M to be raised by general rates, municipal charge and service

charges as follows:

General Rates $71.79M Municipal Charge $1.72M Service Charges $11.48M (an additional $1.5M is estimated to be raised from Supplementary Rates during the year)

6. The budget includes differential rates to be declared as follows:

General 0.3866% of CIV Commercial/Industrial A (Urban/non-CBD) 0.7060% of CIV Commercial/Industrial B (Rural areas) 0.6890% of CIV Commercial/Industrial C (CBD) 0.7360% of CIV Farm Land 0.3250% of CIV Vacant Land 0.4890% of CIV

7. In accordance with the Cultural and Recreation Lands Act 1963, the following be

declared:

Class 1 0.1933% of Capital Improved Value Class 2 0.09665% of Capital Improved Value Class 3 0.03866% of Capital Improved Value Class 4 $309.40 Class 5 $416.00

8. The Municipal Charge will be further reduced from $64.80 to $32.40, for each

rateable property to assist owners of lower valued properties.

9. An increase in Garbage Charge of 4.06% for 140 litre bins and 4.28% for 240 litre bins, and the Recycling Charge of 2.56%.

10. Services Charges to be declared as follows:

Garbage Charge 240 Litre Bin $ 219.00 Garbage Charge 120/140 Litre Bin $ 128.00 Garbage Charge 240 Litre Bin (other Commercial) $ 240.90* Garbage Charge 120/140 Litre Bin (other Commercial) $ 140.80* Recycling Charge $ 60.00 Additional Recycling Charge (per additional bin) $ 45.00 Garbage Charge (Business Areas) One Day per Week $ 240.90* Garbage Charge (Business Areas) Two Days per Week $ 481.80* Garbage Charge (Business Areas) Three Days per Week $ 722.70*


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Garbage Charge (Business Areas) Five Days per Week $ 1,204.50* Garbage Charge (Business Areas) Seven Days per Week $ 1,686.30* * Includes GST

11. Early full rate payment discount of 1.5% on current year rates and charges be

granted if full payment (including any arrears and interest) is received on or before Monday September 30, 2013.

Budget Submissions and Amendments to the Proposed Budget At the end of the 28 day statutory period for public exhibition, 11 submissions were received of which three were heard at a Committee meeting of the Whole Council on July 10, 2013. A summary of the submissions is provided in the table below.

No Submitter Submission Recommended Response

1 Bendigo Domain Village Seeking the introduction of differential rating for retirement villages which would result in ratepayers from Bendigo Domain Village paying less than the General Rate.

Council has previously considered this matter and determined that all residential ratepayers should contribute rates according to their property valuations. It has not supported the introduction of a differential rate for retirement village units. .

2 Terry Davidson Seeking further detail of the expenditure related to Employee Benefits and Contracts, Materials and Services.

The table at 4.3 of the Budget, outlines the components of the Operating Budget which include Employee Benefits and Contracts Materials and Services. These costs include staff salaries, the materials required to provide services, along with the contractors engaged to assist.

3 Kay Ross Objecting to 6% rate rise and suggesting reduction in administration and councillors’ costs while increasing grant applications.

The rate increase enables Council to maintain service delivery, renew assets and undertake the development of new assets to meet the needs of the growing community.

4 Daryl Grubb & Louise Joy

Objecting to cost to children to enter playing areas

The user fees will be applied in 2013/14 to for juniors participating in organised sports through clubs and schools, on Council facilities. In order


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to maintain its recreation facilities in a safe condition and to a level that the community groups require, costs associated need to be shared with the community.

5 South Bendigo Bowls Club

Thanking Council for the contribution towards lighting of the bowling green.

6 Bendigo Competitions Society

Seeking an increase to the Society’s annual grant from $10,000 to $15,886. Letters/emails of support for this submission were received from:

Nicole Campbell-Williams

Leanne Oberin

Lisa Fernance

Bethany Clarke, Dynamite Dance Centre

Garth Phillips

Camille & Annalise Edwards, Edwards Dance Studio

Thomas School of Dance

This submission is also supported by a petition signed by 207 people requesting that CoGB provide appropriate and necessary financial support to the Bendigo Competitions Society to continue to run the Annual Bendigo Eisteddfod.

The Community Partnerships Unit has been working with the Bendigo Competition Society including offering to support the development a business plan for future events. A contribution of $5,886 will meet the request of the Bendigo Competitions Society.

7 Bendigo Volunteer Resource Centre

Seeking an increase in grant funding from $23,000 to $35,000.

CoGB staff will seek to work with Bendigo Volunteer Resource


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Centre to determine how CoGB can provide support in other ways. CoGB is also supporting the BVRC to relocate into the refurbished library. A contribution of $12,000 will meet the request of the Bendigo Volunteer Resource Centre.

8 Strathfieldsaye & Districts Community Enterprise

Seeking funding towards a walking track to be created along Sheepwash / Emu Creek from Sullivans Rd to the North East corner of St Francis of the Field Primary School - $60,000 requested from Council. SDCE will contribute $80,000.

This project was considered during the budget process, however at that time, details were not available regarding the community group's contribution. An allocation of $60,000 will enable this project to proceed in the current financial year.

9 Colin Burns (2) The submitter lodged two extensive submissions raising a number of issues relating to organisational efficiencies, and compliance with the Local Government Planning and Reporting Best Practice Guide.

The Director and Manager Finance met with the submitter to discuss the issues raised in his submissions. The IRC has now provided advice on many of the matters raised. The submitter's suggestions regarding the budget format will be considered when preparing the 14/15 budget.

10 June Houlahan Requesting a footpath across retirement village to the bus stop, incorporating bus shelter. Surface car park in the Retirement Village. Drain along Mandurang Road up from roundabout needs piping.

The footpath has been assessed and is currently rated at 244 out of 389 on the future footpath program. This site is considered a private car park for retirement village purposes, and not CoGB's responsibility. The estimated cost to pipe the open drain on the western side is $200,000. Project has


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been rated 232 out of 283 projects. Staff will investigate the site and undertake maintenance as necessary.

11 Bendigo Tennis Association

Funds towards the continuation of the planning process of the redevelopment of the Bendigo Bank Tennis Complex - $80,000. Contributions of $10,000 from the Bendigo Tennis Association and $10,000 from Tennis Australia have been proposed

This project was not sufficiently advanced to enable consideration during the budget process. This matter could be referred for funding consideration in the mid- year budget review.

When adopting the Budget, Council must give consideration to the submissions received. Since the preparation of the Proposed Budget, other changes that need to be made are:

JB Osborne Theatre - Only $25,000 is required to progress this project in 2013/14, resulting in a budget reduction of $100,000 expenditure and $125,000 income.

Child Care Fees - On May 29, 2013, Council resolved to introduce increases to Child Care Fees in 2013/14 using a staged process resulting in an estimated reduction in income of $236,000.

Priority/Importance: The Council must adopt its Budget and forward a copy to the Minister for Local Government by August 31, 2013. Consultation/Communication Internal Consultation: Prior to the preparation of the Budget, the Council adopted the Budget Principles. These principles were utilised by unit managers to guide the preparation of service unit plans and budgets for 2013/14. The Budget has been prepared by the Senior Management Accountant and Manager Finance with extensive input from Councillors, Executive Management Team and Managers.


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External Consultation: Projects and services funded in the Budget are identified through the Council Plan consultation process, which was undertaken from December 2012 to May 2013. Following consideration of the Proposed Budget at its meeting on June 5, 2013, the 28 day statutory period for public exhibition was undertaken. Information regarding the Proposed Budget has been made available on the CoGB website and through the print media. Conclusion Council has spent considerable time considering the budget for 2013/14 and the budget placed on exhibition was the result of consideration of numerous competing programs, services and projects. All submissions were considered by Council at the hearing on July 10, 2013. The officers responses provided in this report outline the proposed response by Council. Resource Implications The formal budget documentation details the resources required and applied to deliver services, programs, and capital projects during 2013/2014. Attachments 1. The Budget document included under separate cover. 2. Budget Submissions. RECOMMENDATION That the Greater Bendigo City Council, having considered the submissions to the budget, resolve to: 1. Adopt the Budget, annexed to this resolution and initialled by the Mayor for

identification, being the budget prepared for the 2013/2014 financial year for the purposes of Section 127 of the Local Government Act 1989, with the following adjustments:

Reduce the allocation to JB Osborne Theatre by $100,000 and the anticipated income by $125,000.

Include an allocation of $60,000 to the walking track along Sheepwash/Emu Creek Strathfieldsaye, and recognise the contribution of $80,000 from the Strathfieldsaye & Districts Community Enterprise.

Include an additional $12,000 to the Bendigo Volunteer Resource Centre.

Include an additional $5,886 to the Bendigo Competitions Society.

Note the Council decision of May 29, 2013, regarding Child Care Fees which has resulted in a reduction in income of $236,000.


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2. Give public notice of the adoption of the Budget in accordance with Section 129 of the Local Government Act, and make available for public inspection the information required by the Local Government Act 1989 (as amended) and the Local Government (Finance and Reporting) Regulations 2004.

3. Display the Budget at City of Greater Bendigo offices and on the City of Greater

Bendigo website. 4. Implement the differential rate as follows:

General 0.3866% of CIV Commercial/Industrial A (Urban/non-CBD) 0.7060% of CIV Commercial/Industrial B (Rural areas) 0.6890% of CIV Commercial/Industrial C (CBD) 0.7360% of CIV Farm Land 0.3250% of CIV Vacant Land 0.4890% of CIV

5. In accordance with the Cultural and Recreation Lands Act 1963, adopt the

following:

Class 1 0.1933% of Capital Improved Value Class 2 0.09665% of Capital Improved Value Class 3 0.03866% of Capital Improved Value Class 4 $309.40 Class 5 $416.00

6. Adopt the Municipal Charge of $32.40, for each rateable property to assist owners

of lower valued properties. 7. Adopt Service Charges as follows:

Garbage Charge 240 Litre Bin $ 219.00 Garbage Charge 120/140 Litre Bin $ 128.00 Garbage Charge 240 Litre Bin (other Commercial) $ 240.90* Garbage Charge 120/140 Litre Bin (other Commercial) $ 140.80* Recycling Charge $ 60.00 Additional Recycling Charge (per additional bin) $ 45.00 Garbage Charge (Business Areas) One Day per Week $ 240.90* Garbage Charge (Business Areas) Two Days per Week $ 481.80* Garbage Charge (Business Areas) Three Days per Week $ 722.70* Garbage Charge (Business Areas) Five Days per Week $ 1,204.50* Garbage Charge (Business Areas) Seven Days per Week $ 1,686.30* * Includes GST

8. Grant an early full rate payment discount of 1.5% on current year rates and charges if full payment (including any arrears and interest) is received on or before Monday September 30, 2013.


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9. Acknowledge the contribution of submitters to the budget process and refer the request from the Bendigo Tennis Association for $80,000 towards planning for the Bendigo Bank Tennis Complex to the mid-year budget review.


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ATTACHMENT 2 BUDGET SUBMISSIONS


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Planning for Growth - Reports Ordinary Meeting - 31 July 2013

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3. PLANNING FOR GROWTH

3.1 PLANNING SCHEME AMENDMENT C190 - REZONING OF LAND AT 244 EDWARDS ROAD, MAIDEN GULLY AND PART CA43H PARISH OF MARONG - CONSIDERATION OF SUBMISSIONS


Author Shannon Rosewarne, Senior Planner Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

The Amendment proposes to amend the Urban Growth Boundary and to rezone approximately 125 hectares of land in Edwards Road, Maiden Gully from Farming Zone to Residential 1 Zone, apply the Bushfire Management Overlay and Development Plan Overlay Schedule 27, and make other consequential changes to the Planning Scheme. The proponent of the Amendment is Birchgrove Pty Ltd. The Amendment has been exhibited with a total of 21 submissions received, with one submission being a late submission. Twelve submissions oppose the Amendment, five submissions support it and four submissions are neutral. Many of the submissions raised several issues. The key issues include:

bushfire risk and whether the mitigation measures proposed will reduce the risk to an acceptable level;

timing of the amendment and strategic planning for Maiden Gully;

whether development outside the Urban Growth Boundary should be supported;

neighbourhood character and the density of the development;

traffic impacts on the surrounding road network;

vegetation protection and impacts on fauna;

servicing capacity of existing infrastructure; and

lack of public transport. This report recommends Council request the Minister for Planning appoint an Independent Panel to consider all the submissions.

Policy Context

City of Greater Bendigo Council Plan 2013-2017 (updated 2013)

Planning for Growth

Our quality of life is maintained as our City’s population and economy grows.

Our communities have the space and facilities they need for future growth.


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Background Information

Amendment C60 introduced the Bendigo Residential Development Strategy (2004), amongst other strategic work. The proponent made a submission to C60 in 2004 seeking to include the subject site within the Urban Growth Boundary (UGB). The Panel did not recommend the site for inclusion within the UGB as it was not part of the exhibited amendment and it constituted a significant departure from the recommendations of the Bendigo Residential Development Strategy, which provided for large areas of rural zoned land in Maiden Gully to be included within the UGB. The Panel noted that Council had the ability to consider sites for development outside the Urban Growth Boundary and recommended that Council consider the site in its review of the Maiden Gully Structure Plan. Last year, Council resolved to commence preparation of a structure plan for the Maiden Gully North East area, but it was decided not to include the subject land within the Structure Plan as the site is not contiguous with the structure plan area and the Structure Plan was likely to require more time to resolve the planning issues. Therefore the proponent was advised the appropriate process was to submit a separate amendment (C190) for the rezoning of the subject land. The Amendment received Ministerial Authorisation on 26 February 2013. The authorisation required that the amendment be tested through a panel/advisory committee process (even if no submissions were received) in order to confirm that the location is appropriate for residential development given the bushfire hazard in the wider landscape. In addition to the proposed rezoning of land for residential purposes, the original proposal sought to rezone land known as Crown Allotments 43A, 43B, 43D, 43H and 43J Parish of Marong from Farming Zone to Public Park and Recreation Zone (see Figure 1). This part of the proposal was removed from this amendment as it is not possible to rezone land for public purposes until it is in public ownership. If Amendment C190 is approved, a separate amendment process will be undertaken to rezone this land to Public Park and Recreation Zone once the land has been transferred to the City of Greater Bendigo. An updated land supply assessment for the municipality has been completed to assist the review of the Bendigo Residential Development Strategy and the preparation of the Maiden Gully Precinct Structure Plan. Minor changes to the amendment documentation may be required to reflect the updated analysis.


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Figure 1. Map of subject land and forested lots proposed to be transferred to City of Greater Bendigo for open space.


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The key steps in the amendment process are summarised below:

Previous Council Decisions 17 October 2012 – Council resolved to request the Minister for Planning to Authorise Council to prepare Amendment C190 to the Greater Bendigo Planning Scheme and exhibit the amendment for 6 weeks.


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Report

An Explanatory Report is attached and details the purpose, effect of the amendment and provides the strategic justification for the amendment as required. Key issues identified in the Explanatory Report are summarised below. Land Affected by the Amendment

Figure 2. Aerial photograph showing subject land, the Urban Growth Boundary and forested lots (which are proposed to be rezoned to Public Park and Recreation Zone in a future amendment).

The land affected by this amendment is:

Crown Allotment 43C, known as 244 Edwards Road, Maiden Gully

Part Crown Allotment 43H Parish of Marong

The current zoning of the land is Farming Zone, with a Bushfire Management Overlay, Vegetation Protection Overlay and Environmental Significance Overlay affecting parts of the site. The site is located approximately 8 kilometres west of the Bendigo CBD and 2 kilometres west of the centre of Maiden Gully. The site is bound by Edwards Road to the south, Rathbones Lane to the north, with existing residential development to the east. The Bendigo Regional Park and Council owned land zoned Public Conservation and Resource Zone is located to the north. Private landholdings zoned Farming are located to the west and south. There is a naturally occurring drainage line through the site that flows from south to north to Myers Creek, located approximately 600 metres to the north west. The drainage line has been modified with two channels that feed a dam on the site. There are four dams on the site. The area proposed to be developed is largely cleared with the exception of patches of Box Ironbark Forest, a patch of Heathy Dry Forest and scattered trees. The land is presently used for grazing.


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What the Amendment Does The Amendment:

Rezones 244 Edwards Road and part Crown Allotment 43H, Maiden Gully from Farming Zone to Residential 1 Zone.

Includes part of 244 Edwards Road, Maiden Gully where the site abuts Edwards Road in a Bushfire Management Overlay.

Applies Schedule 27 to the Development Plan Overlay over 244 Edwards Road and part CA43H.

Amends the Urban Growth Boundary as shown in the Municipal Strategic Statement

Makes consequential changes to Clause 21.04 (Strategic Framework – Bendigo Urban Area), 21.05 (Residential Strategic Framework Plan) and the Schedule to Clause 42.02 (Vegetation Protection Overlay 2).

Inserts the ‘Forest Park, Maiden Gully Native vegetation Precinct Plan’ in the Schedule to Clause 52.16.

Amends Clause 81 Incorporated documents by inserting a new Residential Strategy Plan and Native Vegetation Precinct Plan.

The Amendment also involves a Section 173 Agreement for developer contributions, in the absence of a formal Development Contributions Plan. The infrastructure will include open space, an interpretation trail, walking and cycling connections, a community centre and reconstruction of Rathbones Lane to allow for a bus route. Discussions with VicRoads are underway regarding contributions towards the Edwards Road and Calder Highway intersection and other key intersections. Negotiations with the proponent are continuing and the Agreement will be reported to Council with the amendment at adoption stage.

Figure 2: Proposed masterplan


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Consultation/Communication

Exhibition Procedures The Amendment was formally exhibited between 26 April and 7 June 2013 and following notification occurred:

Notification to 239 owners and occupiers of land affected by the amendment

Exhibition of the Amendment was conducted for a 6 week period.

Notification to prescribed Ministers and authorities under Section 19(1)(c) of the Act.

Publication of the notice of the Amendment in the Bendigo Advertiser on 24 April and 27 April 2013.

Publication of the notice of the Amendment in the Government Gazette on 26 April 2013.

Drop in information sessions held on 9 May 2013 at Maiden Gully Hall. 21 submissions were received, of which 12 oppose it, 5 support and 4 are neutral. 7 of the submissions received were from referral authorities. Key Issues Many of the submissions raised more than one issue. The key issues are summarised below, with individual issues outlined in the table following this section. Bushfire Risk Three submissions commented on bushfire risk. The CFA raised a number of concerns with the Amendment. The CFA stated that the bushfire risk for the site is significant and any increased development should be carefully considered by the City of Greater Bendigo. It also stated that while some bushfire mitigation measures have been incorporated into the design of the subdivision, consideration should be given to increasing the separation distances between bushfire hazard and development to better strengthen community resilience to bushfire. It also noted that the development will have significant maintenance implications for the City. This is due to the amount of open space proposed in the form of buffers, parks and forested areas, which will be required to be managed to minimise bushfire risk. CFA requested that the Amendment be referred to a panel to:

Determine whether it meets the objective of Clause 13.05-1 (Bushfire) and gives effects to the strategies of the policy.

Determine if appropriate separation distance between bushfire hazard and future development of the subject land will be provided.


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The proponent’s submission stated that the future residents of the estate will not be exposed to any unreasonable bushfire risk. It also stated that the development will create separation for existing residential areas from unmanaged vegetation, thus reducing their bushfire risk and that the Amendment will facilitate the incorporation of additional forest areas into public ownership which will assist in the management of these forested areas in a strategic manner. A submission from a resident also recommended that the Amendment be changed to apply the Bushfire Management Overlay (BMO) to land adjacent to the eastern boundary of the subject site. In its preliminary comments and formal submission, CFA did not recommend that the BMO be applied to the land adjacent to the eastern boundary of the subject land. There is no strategic justification for applying the BMO to land adjacent to the eastern boundary of the site, as the bushfire hazard is located to the south, west and north of the site, being forested land. The land adjoining the site to the east contains residential development, with primarily scattered trees and is managed. It is agreed that the bushfire risk should be tested by an independent planning panel, and is a requirement of the Minister’s authorisation in any case. Strategic Planning for Maiden Gully Two of the submissions from residents were concerned about the timing of the Amendment and state that the Amendment is premature in light of the recent preparation and exhibition of the draft Maiden Gully Precinct Structure Plan. These submissions challenge the consistency of Amendment C190 with previous strategic planning undertaken for Maiden Gully and local planning policy relating to Settlement (Clause 21.05) and Housing (Clause 21.06). The site is located outside the area covered by the Maiden Gully Structure Plan (2006). The area covered by the 2006 Structure Plan is affected by Design and Development Overlay Schedule 10 which aims to provide for residential development that retains native vegetation and the low density residential nature of the area by providing lot sizes at a size greater than traditional urban standards. In Precinct 4 of the Structure Plan, the minimum lot size is 600sqm however, the minimum lot size is 1,500sqm for the majority of the structure plan area. Part of the subject land is located in the secondary study area of the draft Maiden Gully Precinct Structure Plan (2013). The City decided not to include the subject land in the study area for the draft Maiden Gully Precinct Structure Plan as the site is not contiguous with the precinct structure plan area, substantial work had been undertaken to prepare Amendment C190, and more time would be required to resolve the planning issues for the precinct structure plan. Therefore the proponent was advised the appropriate process was to submit a separate amendment for the rezoning of the subject land. The draft Maiden Gully Precinct Structure Plan identified that one of the principles of the previous 1996 structure plan was to retain and enhance a distinct bushland character as the area continues to grow. This principle is also emphasised heavily in the Maiden Gully Community Plan. Despite previous plans setting this direction for identified parts of Maiden Gully, this does not preclude the consideration of alternative development options for undeveloped land in the Maiden Gully area.


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Since this first structure plan was approved in 2006, there has been a shift in thinking on providing for dwelling diversity and housing supply. The draft Maiden Gully Precinct Structure Plan aims to achieve a similar density of development for Maiden Gully North East to that proposed in the Forest Park Master Plan, being 12 dwellings per hectares to cater for the housing demand for the predicted population growth and create a more compact neighbourhood, which will reduce bushfire risk and ensure efficiency in infrastructure provision. One of the strategies for New Development Areas identified by the City’s Housing Policy is to promote Maiden Gully North East as an area for medium density housing. While the subject land is not identified for future development within the City’s Bendigo Residential Development Strategy, the site presents an opportunity to provide for additional housing in an area which is able to be fully serviced and is contiguous with existing residential development. The land has few physical constraints to development, is in single ownership and is largely cleared of significant vegetation. Expansion of Urban Growth Boundary Six submissions raised the issue of the site’s relationship to the Urban Growth Boundary (UGB). Four submissions received from residents did not support development beyond the municipality’s UGB. Coliban Water advised it has not planned for service delivery and infrastructure provision beyond the UGB. The proponent’s submission supports the expansion of the UGB to include the subject land. Council has the ability to consider planning scheme amendments which seek to extend the UGB. Clause 21.05-1 (Settlement overview) of the MSS describes the role of the UGB as “a policy tool to better manage the City’s outward growth by channelling development into designated growth areas and away from areas, which Council wants to protect.” The MSS states that unlike the Melbourne UGB, the Bendigo UGB is not a hard statutory line but a policy tool to manage growth in the City which will need refinement over time to respond to changes in circumstances. Clause 21.05-3 of the Municipal Strategic Statement sets out the considerations for amending the UGB:

Discourage rezoning proposals that are outside the UGB unless proposals are: Generally consistent with the residential development objectives of the Residential Development Strategy 2004;

Contiguous with the UGB; Exhibit sound ecologically sustainable development principles; and Generally consistent with the Development at the Urban-Forest Interface Policy at Clause 22.01.

A strategic assessment of the site was undertaken and the Amendment met the above requirements. The subject land is therefore considered a logical inclusion within the UGB. The site is contiguous with the Residential 1 Zone and the Urban Growth Boundary. It can be connected to existing services and utilities. The Amendment is consistent with the residential development objectives of the Residential Development Strategy 2004.


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The proposal involves rezoning land for a master planned estate which will provide for housing diversity and affordability and responds to a demonstrated need to provide 18,900 new dwellings between 2004 and 2030 to accommodate Greater Bendigo’s population growth. The Amendment will provide 1,200 – 1,400 new dwellings in Maiden Gully. The design of the estate is based on sustainability principles. The master plan makes provision for public transport, cycling, pedestrian and open space networks. The site is largely cleared of vegetation and offsets will be provided for vegetation removal. The proposed Master Plan has considered the Development at the Urban Forest Interface Policy, with the inclusion of buffer zones, building setbacks and perimeter roads from the forest edge. Neighbourhood Character and Density of Development The Amendment provides for a density of 12 dwellings per hectare with a range of lot sizes. Seven submissions are concerned that the Amendment is not consistent with the existing and preferred neighbourhood character of Maiden Gully and argue that the density should be reduced to better reflect the character of the surrounding development. The Department of Transport, Planning and Local Infrastructure’s submission stated that the density of the development should be increased to 15 dwellings per hectare to ensure the viability of a public transport service, with all medium density housing provided within 400 metres of the intended bus route. State Government policy for growth areas is 15 dwellings per hectare, however a reduced density of 12 dwellings per hectare better corresponds to regional community needs and expectations, but will still allow for diversity of housing types and ensure greater affordability of housing in Maiden Gully. Detailed plans of the development have not been prepared but the Master Plan shows a range of housing types which can be incorporated into the development, including medium density and traditional lots. Several submissions do not support medium density housing, and the amount of medium density housing shown on the Forest Park Master Plan. The Master Plan generally meets the principle of providing 95% of all medium density housing within 400m of public transport. The Master Plan shows the potential for medium density housing to be located along the north south boulevard which will be the bus route through the estate, in addition to other locations with high amenity which front parks or are within close proximity to the future community hub. Traffic Impacts Eight submissions commented on traffic impacts of the Amendment. One of the key concerns was the impact of additional traffic on the intersection of Edwards Road and the Calder Highway. The Traffic Impact Assessment Report (TIAR), prepared in support of the Amendment by consultants for the proponent, noted that further consultation should be undertaken with Council and VicRoads regarding appropriate treatments for key intersections and noted that the Calder Highway/Edwards Road intersection has been earmarked for upgrading in the draft Bendigo Road Transport Strategy (2011).


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At the request of VicRoads and the City’s Engineering Unit, the proponent is undertaking further analysis of the following intersections in order that the nature of any roadworks required can be determined and costed:

Rathbones Lane and Monsants Road

Monsants Road and Edwards Road

Monsants Road and Calder Highway

Edwards Road and Calder Alternative Highway The proponent will be required to contribute to the cost of upgrades to the road network as part of a Section 173 Agreement. The Agreement will be required to be entered into prior to, or at the time of adoption of this Amendment, should it proceed. The City’s Planning and Engineering Units are currently working with VicRoads and the developer to determine the extent of roadworks required and developer contributions towards these works. However, as these matters have not been resolved yet, it is appropriate to refer the submissions relating to traffic impacts to an independent planning panel for consideration. Native Vegetation Five submissions commented on issues around native vegetation. Three of these were submissions from residents who were concerned about the loss of native vegetation from the site. The CFA raised a concern that retention of the high conservation significance vegetation on the site conflicts with the planned bushfire protection measures. The proponent’s submission stated that the Amendment will facilitate the strategic management of forested land adjoining the site. The proposal seeks approval for the removal of all native vegetation within the developable area, with the exception of scattered trees of high conservation significance at two locations on the site. While not all the vegetation on the site is intended to be removed, with some trees proposed to be retained in open space areas, its biodiversity value will be lost as a result of the development; therefore the vegetation must be offset. The offset required for the subject land will be provided off site. A Native Vegetation Precinct Plan (NVPP) has been prepared for the site. The NVPP will set out the requirements for the protection and removal of native vegetation for the site. An NVPP allows all the native vegetation issues in a precinct to be considered when planning ahead for new development. It helps guide the form of future development in a precinct by identifying the native vegetation to be protected and removed in the context of development constraints and opportunities, and streamlines the approval of appropriate native vegetation removal. If the Amendment is approved in its current form, the NVPP will become an incorporated document in the Planning Scheme, and a planning permit will be required to remove, destroy or lop native vegetation on the site unless the native vegetation removal is in accordance with the NVPP.


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Department of Environment and Primary Industries was consulted in the preparation of the NVPP and supports the Amendment. If no vegetation is to be retained on the site, as CFA suggest, then there would be no need for an NVPP, rather a planning permit allowing for the removal of all vegetation on the site would need to be required. This issue should be tested by an independent planning panel. Water Supply Two submissions from residents raised concerns about the capacity of existing infrastructure to service the development, and the impact this would have on existing residents. Coliban Water has advised that as the subject land is outside the UGB, it has not included it within its service delivery planning. Coliban Water has, however, confirmed that the subject land can be serviced with reticulated water and sewerage and that further work will be required to determine the infrastructure requirements. Water pressure is an existing issue that some submitters have raised. Advice from Coliban Water is being sought as to whether an upgrade to the existing infrastructure will improve problems with water pressure, as reported by submitters. Public Transport Four submissions commented on public transport. Two submissions from residents raised concerns that existing bus services are not adequate to support the proposed development, with one submitter suggesting that a shuttle bus service be provided. The Maiden Gully Progress Association raised a concern about the ability of surrounding roads, in particular Rathbones Lane, to support a bus route and requested that Council commits to allocating resources to make the necessary upgrades. The Department of Transport, Planning and Local Infrastructure stated that school transport services may initially be required given the subject land is remote from existing schools. A submission from residents recommends that consideration be given to a shuttle bus service between the estate and Maiden Gully township. The Master Plan makes provision for the extension of the existing bus service in Maiden Gully through the subject land, with developer contributions proposed to facilitate an upgrade to Rathbones Lane. The site is approximately 2km from Maiden Gully Primary School. As demand for public transport increases due to population growth, it is expected that the frequency of the existing bus service would be increased over time. The new Catholic school, which will be developed over the next year, is likely to provide bus services for its students. Submissions The 21 submissions received as a result of exhibition are summarised below, with an officer response and recommendation provided.


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No. Submitter Summary of Submission Officer Response

1 Richard and Amanda Marek

Objects. Natural balance and semi-rural feel of Maiden Gully will be lost;

Concern about impacts of increased traffic generation;

Site is located outside the Urban Growth Boundary.

Refer the submission to an Independent Planning Panel. See Key Issues – Neighbourhood character and density of development, Traffic impacts, Urban Growth Boundary.

2 Meryl Birch Objects. Site is outside Urban Growth Boundary. The site has already been considered for inclusion in the UGB at a previous panel hearing but this was not supported.

There has been too many Council resources spent preparing this amendment.

It will set a precedent which will place the UGB under attack from other developers wanting to develop outside the UGB.

Council policy is to protect farming land and support infill development.

Loss of significant vegetation on the site.

Increase in traffic in residential street. No allowance has been made for outlets from the site to the Calder Highway west of the Monsants/Calder

Refer the submission to an Independent Planning Panel. See Key Issues – Urban Growth Boundary.

The proponent is responsible preparing the amendment, background and technical documents and for statutory amendment fees and panel costs associated with the Amendment. Officer time is required to manage and assess the amendment and represent Council at a panel hearing.

Each proposal is considered on its merits and a strategic assessment is undertaken.

See Key Issues – Urban Growth Boundary

See Key Issues – Native vegetation

See Key Issues – Traffic impacts


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intersection.

3 Debbie Gordois Objects. Intersection of Edwards and Marong Road is busy, traffic signals should be installed.

Already poor water pressure in nearby Kathleen Terrace. Addition of 1400 lots will worsen it. This must be fixed before construction commences.

Medium density housing is inappropriate for Maiden Gully.

The infrastructure in Maiden Gully will not support medium density housing. The buses run infrequently and not at all on weekends or public holidays.

Refer the submission to an Independent Planning Panel. The timing of the works required for this intersection (including signalisation) will be determined by VicRoads. Refer to Key Issues – Traffic impacts

See Key Issues – Servicing and infrastructure

See Key Issues – Neighbourhood character and density of development

See Key Issues – Public transport

4 John Manallack Objects. Land is outside the Urban Growth Boundary and approach to Bendigo should stay farmland.

Adverse impacts on the adjoining park and environment (vegetation and watercourse)

Lack of supporting infrastructure in Maiden Gully which will result in increased traffic impacts.

Refer the submission to an Independent Planning Panel. See Key Issues – Urban Growth Boundary

The Environmental Significance Overlay affecting the creek on the site will be retained. See Key Issues – Native Vegetation



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Amendment promotes urban sprawl. Why is this site being supported over other sites with similar conditions/planning controls? There is inconsistency in the planning.

See Key Issues – Urban Growth Boundary

5 Sweett (Australia) Pty Ltd on behalf of landowner & proponent

Supports. Amendment responds to need to provide 18,900 new dwellings between 2004 and 2030 to accommodate population growth.

Amendment responds to demand for residential lots in Maiden Gully, assists in meeting dwelling targets of the Residential Development Strategy, and provides for housing diversity.

Site is a logical inclusion within UGB and amendment meets requirements of State and Local planning policy.

Amendment provides for investment in and provision of community, road and utility infrastructure.

Bushfire mitigation measures will not result in unreasonable bushfire risk. Estate will provide separation between existing residential areas and unmanaged vegetation, thus reducing their bushfire risk. Privately owned forested lots will be transferred to public ownership, ensuring more strategic management of vegetation.

No change to Amendment. See Key Issues – Strategic Planning for Maiden Gully, Urban Growth Boundary, Bushfire risk.


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6 Janice and Clive Buckland and others

Objects. Density of the development is not consistent with the existing character of Maiden Gully, nor the Maiden Gully Community Plan nor Bendigo Residential Strategy 2004.

Open space is not a substitute for higher density housing, without adequate service provision. Smaller dwellings and lots will lead to a transient population and adverse social impacts (noise, loss of personal space). The density of the development should be reduced and larger lot sizes provided.

COGB will need to commit to maintaining the public spaces and community facilities within the estate.

Concern about traffic impacts and safety. Requests consideration for an additional road connecting the site to the Calder Highway to the north.

Existing public transport will not support the proposal and new residents risk being isolated. Requests consideration for a shuttle bus service between Forest Park and the town centre.

Refer the submission to an Independent Planning Panel. See Key Issues – Strategic Planning for Maiden Gully.

The Forest Park Master Plan makes provision for approximately 22% open space. For discussion on medium density housing see Key Issues – Neighbourhood character and density of development

Acknowledge that there will be resource implications for COGB with regard to the amount of open space proposed to be provided in the estate, which will need to be assessed and planned for.



7 Cate Burns Objects. Site is outside Refer the submission to


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Maiden Gully Community Plan and Maiden Gully Precinct Structure Plan (MGPSP). Issues raised about the MGPSP need to be resolved before other development sites are considered.

Any future development should be based on areas covered by MGPSP. Proposal is premature.

Proposal will include 500sqm lots, but MGPSP notes preferences of residents is for large homes on large blocks in a bushland landscape. Infrastructure provision issues should not result in higher densities in Maiden Gully. Other areas can cater for higher density development.

an Independent Planning Panel . See Key Issues – Strategic Planning for Maiden Gully

See Key Issues – Strategic Planning for Maiden Gully


8 Robert Garrity Objects. Final layout plan has not been developed. Concern property may abut several lots and result in amenity impacts.

Requests change to include a narrow nature reserve between existing development to the east and the estate for wildlife corridor and pedestrian access into new estate.

Refer the submission to an Independent Planning Panel. The Master Plan shows that the area abutting the submitter’s property is not identified for medium density housing, rather conventional lots. A layout will be developed at subdivision stage.

This proposed change is not supported as it doesn’t meet urban design principles. The inclusion of a reserve between the existing development to the east and the subject site would create additional maintenance and safety and security


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issues.

9 Amelia Mitchell and Jeremy Draper

Objects. Amendment is outside the UGB, is inappropriate at this time, is not supported by local policy and strategic planning for Maiden Gully, in particular the draft Maiden Gully Precinct Structure Plan (MGPSP). MGPSP should be supported over C190. Council could consider the site as part of next precinct plan.

Concerns regarding neighbourhood character. Higher density not consistent with the area, rural living and semi-rural areas need to be protected. Lower density development will be sandwiched between higher density. Concern regarding impacts on amenity of existing residents.

Concern about traffic impacts and use of Council funds for upgrades required to fund road infrastructure. Works will not benefit the Maiden Gully North East NDA.

DPO27 is not stringent or specific enough and Master Plan is too broad.

Refer the submission to an Independent Planning Panel. See Key Issues –Strategic Planning for Maiden Gully and Urban Growth Boundary.



The Master Plan is a concept to guide future development of the subject land, and acts as a structure plan. Under the DPO27, a development plan must be approved prior to planning permits for subdivision of the land being granted. See Key Issues – Strategic Planning for Maiden Gully.


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C190 will fracture the community both physically and socially, and result in competing community hubs.

Maiden Gully town centre will continue to the main focus.

10 Craig and Karen MacKenzie

Objects. Concern about drainage impacts. Dwellings and outbuildings on adjoining lots need to be located over the crest on the site to ensure drainage into the estate’s stormwater system.

Concern about increased traffic using Rathbones Lane, Monsants Road and Edwards Road.

Requests vegetation along eastern boundary of site be maintained.

Support for lots adjoining Michelle Drive having the same width.

Support for bush walking and riding tracks.

Support for central corridor and its potential as a wildlife corridor.

Refer submission to Independent Planning Panel. Preparation of an integrated water management plan will be a requirement of the DPO27. Detailed drainage plans will be required at subdivision stage. Due to the topography, the DPO27 addresses siting of dwellings at the northern end of the eastern boundary.


See Key Issues – Native vegetation

The Master Plan shows indicative lots at this location, however lot sizes may change as detailed subdivision design has not been undertaken.

Developer contributions are proposed for trails through bushland to be transferred to COGB for open space.

The central open space corridor will have multiple roles including pedestrian and cycling connectivity biodiversity and vegetation protection, storm water


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flows and quality management and as an active and passive recreation space.

11 Maiden Gully Progress Association

Supports. Amendment addresses desires of the local community: - support for Maiden

Gully’s current (commercial) village centre

- Additional population will support the case for additional health and support services

- Passive/play space facilities for recreation

- Network of safe walking and cycling paths

- Environmental and sustainable energy and water practices

- Maintaining and enhancing rural/bush feel

Requests COGB advocates for VicRoads to develop a solution to the Edwards Rd/Calder Highway intersection (incorporating Olympic Parade). The amendment will bring forward the need to address the problem by 1-2 years.

Support for State planning policy for higher density development in order to deliver key infrastructure more efficiently.

Proposal balances desires for larger lots, increased densities and need to make the subdivision profitable. Open space provision and surrounding bushland will

No change to amendment. Acknowledge support for amendment.


See Key Issues - Neighbourhood character and density of development



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ensure an appropriate compromise for higher densities.

Concern about road upgrades to support a bus route and requests Council commit to allocating necessary resources.


12 J.D Evans Objects. Rezoning the land to Residential 1 is inappropriate. Concern about higher densities, original intent was rural residential for this area.

Engineering works to service the land will have impacts on existing residents.

Apply Bushfire Management Overlay to the eastern boundary of the site.

Refer the submission to an Independent Planning Panel. See Key Issues – Strategic Planning for Maiden Gully and Neighbourhood character and density of development.

Detailed engineering plans have not been developed and will be required at the subdivision stage. The impacts cannot be determined at this stage.

See Key Issues – Bushfire risk

13 Karl and Ruth Sewell

Objects. Not opposed to the site being developed, but concerned about the volume of housing and size of the lots proposed.

Concern about infrastructure and servicing provision including fire services, schools, traffic, water pressure management and sports facilities.

Risk that proposal will be a self-contained suburb rather

Refer the submission to an Independent Planning Panel. See Key Issues – Neighbourhood character and density of development

The new Catholic school will cater for increased student numbers. Sports facilities are included in the draft Maiden Gully Precinct Structure Plan. A CFA station exists in Maiden Gully. See Key Issues – Water supply and Traffic impacts.

Existing town centre will be the community focus, with


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than integrating with Maiden Gully.

Questions improvements in social tolerance as a result of increased housing options.

Questions likelihood of people walking or cycling to the town centre due to distance, new residents likely to be car dependent.

Concern about increased traffic impacts .Traffic lights at Edwards Rd/Calder Hwy may not be sufficient, an underpass may be warranted.

a further amendment required to rezone the proposed community hub, which would provide local retail/convenience facilities. Forest Park Estate provides for a network of open space, and pedestrian and cycling links to existing development which will be of benefit to the whole community.

A variety of housing options is proposed to meet the housing needs of different sectors of the housing market.

Sustainable residential developments provide for a range of transport modes.

See Key Issues – Traffic Impacts

14 Department of Environment and Primary Industries

Supports. No change to amendment. Acknowledge support for amendment.

15 North Central Catchment Management Authority

Supports and requests minor wording change requested to DPO27. It is requested that the requirement at clause 3.0 of the schedule be amended to require an integrated water management plan which demonstrates that new development can safely manage the impact of flooding through the site to

Change Amendment in accordance with NCCMA’s submission. The development of an integrated water management plan would enable an applicant, COGB and NCCMA to more effectively consider the overlapping issues of stormwater management and floodplain


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the satisfaction of the Responsible Authority and the relevant Floodplain Management Authority.

management.

16 Environment Protection Authority

Neutral. No objection to Council progressing the amendment. Requests that care be taken at subdivision and development stage to control dust and sediment.

No change to amendment. Acknowledge no objection.

17 VicRoads Generally supports. Requests changes to explanatory report to refer to Bendigo Regional Transport Strategy as a ‘draft’, and TIAR.

Supports developer contributions toward upgrading to road and cycle path network.

Requests change to TIAR to include the following works as per Austroads Guide and VicRoads guidelines:

o Calder Hwy/Edwards Rd

CHR & AUL and signalised

o Calder Hwy/Monsants

Rd/Hermitage Rd CHR(S) & AUL

o Calder Alternative Hwy/

Edwards Rd/ McKenzies Rd

CHR & AUL(S)

Updated TIAR should accompany any subdivision application and set out when intersections treatments are to be applied. TIAR

Agree to changes to explanatory report and TIAR requested by VicRoads. Liaise with VicRoads to determine developer contributions required to be made by developer and timing of works.

Developer contributions are proposed for upgrading Rathbones Lane to accommodate a bus route and towards cycling paths.

Proponent is currently preparing a revised TIAR report and concept plans of these key intersections. Further discussion regarding developer contributions will be held between the proponent, the City and VicRoads. See Key Issues – Traffic Impacts.



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recommendations should form basis of permit conditions for the works.

18 Country Fire Authority

Objects and requests changes and referral of submission to Independent Planning Panel. Significant bushfire risk for the site exists, given the amount of and proximity to vegetation. Independent Panel should determine whether proposal meets state policy on Bushfire and determine whether mitigation measures are adequate.

The only points of access to the subject land are via areas of bushfire hazard.

Mitigation measures proposed for the site are only the minimum requirements to be met.

City of Greater Bendigo will be responsible for maintaining large areas of open space which will have resource implications.

Requests changes: increase in defendable space distance (buffer); change to NVPP to eliminate conflict between native vegetation and bushfire safety; change to DPO27 to explicitly detail the bushfire requirements for the development plan.

Refer the submission to an Independent Panel. Minister’s authorisation requires a panel to consider bushfire risk.

The site will be accessed via Rathbones Lane, and three new entry points on Edwards Road.

The Forest Park Master Plan accords with the requirements of the Bushfire Management Overlay.

See Key Issues – Bushfire risk

An independent planning panel should determine whether the requested changes are appropriate.

19 Coliban Water Neutral. Proposal is outside the Urban Growth Boundary, so has not been

No change to the amendment required. Detailed design will be


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considered in servicing strategies and Coliban will need to undertake a significant amount of rework. The additional load on Coliban’s system is anticipated to require a large investment in infrastructure. However, Coliban has advised it will work with the developer to work through these issues to ensure all lots in the proposed development can be serviced.

undertaken at the subdivision stage to determine how services will be provided. The developer may be required to contribute to infrastructure upgrades, however this is yet to be determined and Coliban Water will advise the developer of its requirements. See Key Issues – Water Supply

20 Goulburn Murray Water

Neutral. No objection to the Amendment.

No change to the amendment required.

21 Department of Transport, Planning and Local Infrastructure

Neutral. Requests some changes to Master Plan. Bus route to be shown as per p.96 and legend to reflect this; all medium density housing located within 400m street walking distance to the bus route; road cross section in Master Plan for the proposed bus route to be amended in accord with Divided Road – shown in Figure 17, including an on road bicycle lane and ensuring that a 7m clear zone is provided with the accompanying notation (in accordance with Public Transport Guidelines for Land Use and Development)

A minimum density of 15 dwellings per hectare with 95% of dwellings located within 400m of public transport, will better support a viable transport service.

School transport services may initially be required given the subject land is

Agree to changes relating to bus route and cross section in Forest Master Plan report. See Key Issues – Neighbourhood character and density of development Refer submission to Independent Planning Panel.

See Key Issues – Neighbourhood character and density of development.

See Key Issues – Public Transport


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remote from existing schools.

Support for the connected network of streets and infrastructure that supports walking and cycling accessibility.

Acknowledge general support for these components of the Forest Park Master Plan.

Conclusion

It is recommended that Council resolve to request an independent planning panel be appointed to hear all submissions. It is appropriate to refer all submissions to the panel given the number that have requested changes and oppose the amendment.

Options

Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning authority may adopt an amendment or part of an amendment with or without changes. If a planning authority adopts part of an amendment the amendment is then split into two parts. Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of submissions received in relation to an amendment, the Council must either;

Change the amendment in the manner requested by the submitters and adopt the amendment with changes; or

Refer the submission(s) to an Independent Panel appointed by the Minister; or

Abandon the Amendment or part of the Amendment. Section 22(2) of the Planning and Environment Act 1987 advises that Council has the option of accepting late submissions, but must do so if requested by the Minister for Planning. It is recommended that Council refer the submissions to an Independent Panel appointed by the Minister, and accept the late submission received.

Resource Implications

Officer time will be required to prepare the Amendment documentation for panel and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees and extra costs incurred by the City for holding the panel, as per the Policy for private Planning Scheme Amendments adopted by Council.


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RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Accept the late submission received from Department of Environment and Primary

Industries; 2. Adopt the recommendations detailed for each of the submissions in this report; and 3. Request the Minster for Planning to appoint an Independent Panel to consider all

submissions.


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3.2 PLANNING SCHEME AMENDMENT C191 - CHANGE TO PLANNING CONTROLS FOR WELLSFORD ESTATE - FOR CONSIDERATION OF SUBMISSIONS


Author Shannon Rosewarne, Senior Planner Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

The Amendment proposes to make changes to the planning controls and local policy affecting the Wellsford Estate at 147 and 155 Victa Boulevard and 2 Arbor Boulevard, East Bendigo by removing restrictions on land uses, currently for food manufacturing and compatible uses, to allow the full range of industrial activities as for any Industrial 1 zoning. The Amendment has been exhibited with 11 submissions received (4 of which were late submissions). The submissions supported or had no objection to the Amendment with 7 received from referral authorities, in addition to submissions from the proponent of the Amendment, Bendigo Airport, Bendigo Manufacturing Group and Tweed Sutherland First National Commercial. The report recommends Council adopt Planning Scheme Amendment C191 as exhibited, to complete Council’s requirements in the planning scheme Amendment process. The adopted Amendment can then be forward to the Minister for Planning for Approval.

Policy Context


Planning for Growth


Our communities have the space and facilities they need for future growth.

Productivity

A diverse, strong and growing economy supports community resilience.


The key steps in the amendment process are summarised below:


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Previous Council Decisions Amendment C50 – approved on 14 July 2003, rezoned the subject land from Rural Living to Industrial 1 Zone and introduced planning provisions to facilitate the development of the site as an industrial food manufacturing precinct. Amendment C125 – approved on 27 May 2010, permitted “compatible uses and developments” in addition to food manufacturing at the subject site. Amendment C191 – on 23 January 2013, Council resolved to request Ministerial authorisation to prepare and exhibit this Amendment.


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Report

An Explanatory Report is attached and details the purpose, effect of the Amendment and provides the strategic justification for the Amendment as required. Key issues identified in the Explanatory Report are summarised below. Land Affected by the Amendment

Figure 1: Aerial photo identifying the subject site

The Amendment applies to the land at 147 and 155 Victa Road and 2 Arbor Boulevard, East Bendigo which encompasses Lot 1 on PS604298, Lot S2 on PS604298 and Lot 92L on PP3473. The land is zoned Industrial 1 and is affected by a Bushfire Management Overlay and Development Plan Overlay 13. The subject land is located on the northern side of Victa Road, and has an area of 29 hectares. It is located approximately 5 kilometres east of the Bendigo CBD. The site is an irregular shaped parcel which is largely cleared of vegetation. One warehouse for food storage and distribution has been developed in the south east corner of the site. The site has forested interfaces to all boundaries. It adjoins the Bendigo Airport to the west, which is zoned Special Use Zone 7, while the Crown land to the east is zoned Public Conservation and Resource Zone. The land to the north is zoned Public Use Zone 6 (Local Government). The land on the southern side of Victa Road is zoned Public Conservation and Resource Zone. What the Amendment Does The Amendment:

Makes changes to Clauses 21.02 and 21.07 of the Municipal Strategic Statement (MSS) by deleting references to the restriction of industrial development within the Wellsford Estate to ‘food manufacturing and compatible industries only’;

Makes changes to the Industrial Policy at Clause 22.05 of the Planning Scheme in relation to the Wellsford Estate;

Makes changes to the East Bendigo Structure Plan which shows the Wellsford Estate as a food precinct;


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Deletes Schedule 13 of the Development Plan Overlay (DPO13) that applies to the Wellsford Estate; and

Introduces a Design and Development Overlay over the site. Many of the requirements of the existing DPO13 have now been satisfied, including the realignment of Victa Road and a Section 173 Agreement has been executed in relation to the future drainage requirements, with the remaining issues addressed by DPO13 primarily relating to built form. These matters are now best managed via a Design and Development Overlay. Schedule 18 to the Design and Development will:

Restrict buildings and structures to a maximum height of 25 metres due to the proximity of Bendigo Airport

Require a buffer from the adjoining forest ranging from 30-50 metres to be maintained; and

Specify other built form and subdivision requirements, including building materials and sustainability measures.

Impacts on Greater Community The key issues for this proposal are:

A change in direction for the Wellsford Estate from food manufacturing to general industry;

Management of the site’s interface with forested land;

Management of bushfire risk; and

Control over the site’s built form and layout in relation to the adjoining Bendigo Airport and urban design principles.

The Amendment seeks to facilitate the diversification and intensification of industrial land uses within the Wellsford Estate. The removal of the current restrictions on land uses being for food manufacturing and compatible industries only will allow the full range of industrial activities, as for any Industrial 1 zoning. The Amendment will facilitate a broader industrial service base within an appropriately located estate on the periphery of Bendigo and increased employment opportunities. The Estate is well located to take advantage of key arterial transport routes and will provide for industrial development which is sufficiently separated from residential uses. The site is affected by a Bushfire Management Overlay and no change is proposed to the extent of this overlay as part of the Amendment. Development Plan Overlay 13 is proposed to be replaced with a Design and Development Overlay, which will include all of the environmental safeguards of the DPO13, including a minimum 30 metre setback around the perimeter of the site, for bushfire and forest interface management. The existing Bushfire Management Overlay affecting the land will also ensure that any new proposals for development are designed and constructed to an appropriate Bushfire Attack Level. While the current zoning and planning controls allow for a certain amount of development (and lives) to be exposed to bushfire hazard, the Amendment will not increase the bushfire risk.


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A new Schedule to the Design and Development Overlay (DDO18) will control built form outcomes; specifically maximum height of buildings, provision of buffers to the adjoining forest, building materials and finishes and sustainable design measures. The overlay requires consultation with the Bendigo Airport regarding the height of any new buildings or structures.


Exhibition Procedures The Amendment was formally exhibited between 9 May 2013 – 11 June 2013 with notification to:

16 owners and occupiers including those adjoining the subject land.

Prescribed Ministers and authorities.

Exhibition of the Amendment was conducted for a one month period.

Publication of the notice of the Amendment in the Bendigo Advertiser on 8 and 11 May 2013

Publication of the notice of the Amendment in the Government Gazette on 9 May 2013.

Submissions 11 submissions were received as a result of exhibition as per the table below. Of the 11 submissions, 4 were late submissions from DEPI, CFA, Goulburn Murray Water and North Central Catchment Management Authority.

Submission Supports/Objects Officer

Recommendation

Coliban Region Water Corporation

No objection. The subject land is next to Coliban Water’s Ellesmere Water Supply Channel and its main interest is the continued operation of this channel. The operation of the channel will not be impacted.

No change to Amendment.

Sweett (Australia) Group Pty Ltd on behalf of proponent

Supports. No change to Amendment.

VicRoads Supports. No change to Amendment.


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Submission Supports/Objects Officer

Recommendation

Tweed Sutherland First National Commercial

Supports. Notes that Bendigo has had a significant shortage of industrial land, particularly Industrial 1 land. The Wellsford Estate has attracted a number of enquiries, however the planning controls limiting land uses to food industries has resulted in limiting prospective purchaser. No enquiries have been received from food manufacturers or associated industries.


Environment Protection Authority Victoria

No objection. No change to Amendment.

Bendigo Manufacturing Group

Supports. The Bendigo Manufacturing Group endorses the proposal to delete references to food manufacturing and compatible industries to enable Wellsford Estate to accommodate a broader range of industry. This change would be extremely beneficial in light of the current limitations on industrial land supply and provide further opportunity for investment in the region.


Bendigo Airport Supports. No change to Amendment.

North Central Catchment Management Authority


Goulburn Murray Water No objection. No change to Amendment.

Department of Environment and Primary Industries


Country Fire Authority No objection. No change to Amendment.


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Conclusion

Given no submissions seek a change or object to the proposal, it is recommended that Council adopt the Amendment in its current form and seek approval from the Minister for Planning.

Options

Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning authority may adopt an amendment or part of an amendment with or without changes. If a planning authority adopts part of an amendment the amendment is then split into two parts. Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of submissions received in relation to an amendment, the Council must either;

Change the Amendment in the manner requested by the submitters and adopt the Amendment with changes; or

Refer the submission(s) to an Independent Panel appointed by the Minister; or

Abandon the Amendment or part of the Amendment. Section 22(2) of the Planning and Environment Act 1987 advises that Council has the option of accepting late submissions, but must do so if requested by the Minister for Planning. No submissions have requested a change to the Amendment. It is therefore recommended that Council adopt the Amendment without changes.


The Amendment is not likely to increase the number of planning applications required for use or development within the Wellsford Estate. Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees as per the Policy for private Planning Scheme Amendments adopted by Council.

Attachments

Copy of submissions

Explanatory Report

Amendment documentation


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RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Accept all late submissions. 2. Adopt Greater Bendigo Planning Scheme Amendment C191 without changes. 3. Forward the adopted Amendment to the Minister for Planning for Approval.


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3.3 PLANNING SCHEME AMENDMENT C192 - REZONING OF 184 JOBS GULLY ROAD, JACKASS FLAT TO COMMERCIAL 1 ZONE


Author Alison Kiefel, Council Projects Planner Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

The purpose of this report is to inform Council of the submissions received to Amendment C192 so it can make a final decision about whether to adopt the Amendment. Amendment C192 seeks to rezone part of the land at 184 Jobs Gully Road from Residential 1 Zone 1 to Commercial 1 Zone, including maximum combined leasable for area of 1,200m2, for shop use. The rezoning enables the land to be developed for a retail/community hub in the new development area. The Minister for Planning amended the Victorian Planning Provisions on 15 July 2013 to replace the five business zones with two commercial zones. This rezoning was exhibited as Business 1 Zone and under the new zones will be Commercial 1 Zone. Public exhibition was carried out from 11 April 2013 to 13 May 2013 and seven submissions were received. Most submissions were in support of the proposed change, none opposed or requested changes. The key issues relating to this Amendment are:

Consistency with the Jackass Flat Structure Plan;

Ensuring appropriate planning controls are in place to allow for a range of uses;

The site’s interface with surrounding commercial village centres;

The site’s interface with adjoining residential development. It is recommended that Council adopt Planning Scheme Amendment C192 with changes, to complete Council's requirements in the planning scheme amendment process.

Policy Context


Planning for Growth


Our communities have the space and facilities they need for future growth. Productivity



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This site has been specifically identified under the Jackass Flat Local Structure Plan (2007, Amended 2009) as the preferred location for the development of community based infrastructure. A key action of the Plan (no. 21) is that this site be rezoned to accommodate this. The Minister for Planning amended the Victorian Planning Provisions on 15 July 2013 to replace the five business zones with two commercial zones. This rezoning was exhibited as Business 1 Zone and under the new zones will be Commercial 1 Zone. The purpose of the new zone is to create vibrant mixed use commercial centres and for residential uses that complement to the commercial centre. The new zone increases the types of uses allowable without the need for a planning permit (permits are still required for buildings and works as normal in these zones).


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Previous Council Decisions 23 January 2013 - Council resolved to request the Minister’s authorisation to prepare and exhibit the amendment. 19 March 2009 – Council adopted Planning Scheme Amendment C102 which introduced the Jackass Flat Local Structure Plan (2007, amended 2009) as a reference document. 2 May 2007 – Council adopted the Jackass Flat Local Structure Plan.


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Report

The attached Explanatory Report details the purpose and effect of the amendment and provides the strategic justification for the amendment. Key issues identified in the Explanatory Report are discussed below. Land Affected by the Amendment The Amendment affects part of the land at 184 Jobs Gully Road, Jackass Flat.

Figure 1: The subject site and of its surrounds - area to be rezoned is outlined in red.

The site forms part of the Evergreen Waters Estate in the Jackass Flat New Development Area and is bound by Jobs Gully Road to the west, Jobs Gully creek to the east and Harveys Lane to the south east. It is currently zoned Residential 1 Zone and is partially within the Environmental Significance Overlay that follows the watercourse which is located on the site.


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It is also within a Development Plan Overlay, which references the Jackass Flat Local Structure Plan. The site has an almost regular shape and is approximately 7,200m2 in area. The site is predominately cleared of vegetation, except for some established native vegetation species along the site’s western (Jobs Gully road) and eastern frontages. The site is located approximately 200m north of the intersection of Jobs Gully and California Gully Roads and is located approximately 5km north of Bendigo’s Central Business District, and approximately 2.5km north east of the Eaglehawk Activity Centre. Most land in the vicinity of the subject site is zoned Residential 1, with land to the southwest, west and northwest in small developed lots, and land to the eastern side has a permit to be subdivided in similar fashion (currently large lots). The Neangar golf course is within the vicinity of the site also, and is zoned Special Use Zone. What the Amendment Does The Amendment proposes to:

Rezone the subject site from Residential 1 Zone to Commercial 1 Zone; and

Amend the schedule to the Commercial 1 Zone to include maximum combined leasable floor area of 1,200m2 for shop use.

Key Issues The social, economic and environmental effects of the Amendment have been considered in the assessment of this proposal. The key issues relating to this amendment are:

Consistency with the Jackass Flat Local Structure Plan;

Ensuring appropriate planning controls are in place to allow for a range of uses;

The site’s relationship with surrounding commercial village centres;

The site’s interface with adjoining residential development.

Environmental – The Amendment seeks to retain the Environmental Significance Overlay that applies to the site as a means of ensuring that appropriate environmental outcomes are achieved under any future development. The removal of existing vegetation is supported by the Jackass Flat Native Vegetation Precinct Plan 2009 which has identified no native vegetation is proposed for retention and has already calculated the loss and offset required. It is anticipated that the new retail hub within the community will assist in reducing car dependency and the average length of car trips required for everyday shopping and community-based requirements. This will conserve fossil fuels and car dependency whilst promoting walking and cycling. Social – The Amendment facilitates development of a retail and community hub that serves as a focal point for the local community and enhances the opportunities for socialising within the local area. Future development as a result of the Amendment will result in increased passive surveillance of the surrounding street and open space network.


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Economic – The Amendment facilitates future community and retail development in a location identified by the Jackass Flat Local Structure Plan as a preferred location for the development of a local hub. Future retail and community development will provide increased opportunities for local employment and retail to the benefit of the wider community, in a manner and scale that will not detract from the regional retail roles of nearby Eaglehawk and Epsom. The provision of a maximum floor area for shop use in the schedule to the Zone will limit the scale of development which may impact existing surrounding and central business areas. The size of the maximum floor area is based on the area required for a small supermarket or convenience shopping business.


Exhibition Procedures The Amendment was formally exhibited between 11 April 2013 – 13 May 2013 with notification to:

23 neighbouring owners and occupiers including the subject site.

Prescribed Ministers and authorities.

Exhibition of the Amendment was conducted for a one month period.

Publication of the notice of the Amendment in the Bendigo Advertiser on 10 and 13 April 2013.

Publication of the notice of the Amendment in the Government Gazette on 11 April 2013.

Submissions Five submissions were received during the exhibition period and two late submissions. A summary of the submissions is provided below.

Submission Supports/Objects Officer Recommendation

Coliban Water No objection No change to Amendment.

North Central Catchment Management Authority


Tenix No objection. No change to Amendment.

Sweet Group for Simonds Developments

Supports (they are the proponent of this amendment)


S. Morgan Supports proposal as landholder in area.



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Submission Supports/Objects Officer Recommendation

Environment Protection Authority (late)


Department of Environment and Primary Industries (late)

No objection No change to Amendment.

Conclusion

Given no submissions seek a change or object to the proposal, it is recommended that Council adopt the Amendment with changes to amend the new zone to Commercial 1 Zone in place of the now redundant Business 1 Zone. It is recommended that Council approve the Amendment (under delegation) following certification by the Secretary to Department of Transport, Planning and Local Infrastructure.

Options

Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning authority may adopt an amendment with or without changes. Section 28 of the Planning and Environment Act 1987 advises that a planning authority can abandon an amendment. No submissions have requested a change to the Amendment. It is therefore recommended that Council adopt the Amendment with changes to meet the new Commercial Zones introduced by the Minister for Planning on 15 July 2013.


The Amendment is anticipated to have a negligible increase in planning permits required under the new zone, and therefore administrative costs of the City of Greater Bendigo. The proponent has paid all statutory fees and additional costs incurred by the City as per the Policy for Private Planning Scheme Amendments.

Attachments

Explanatory report

Amendment documents

Submissions


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RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Accept the two late submissions.

2. Adopt Greater Bendigo Planning Scheme Amendment C192 with changes.

3. Forward the adopted Amendment to the Secretary of DTPLI for certification

4. Approve Greater Bendigo Planning Scheme Amendment C192 following certification.


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3.4 PLANNING SCHEME AMENDMENTS - TO ENDORSE REQUEST FOR INTERIM HERITAGE CONTROLS (C202) AND SEEK AUTHORISATION FOR PERMANENT HERITAGE CONTROLS (C203) FOR 384-386 NAPIER STREET, WHITE HILLS


Author Emma Bryant, Coordinator Policies and Processes Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

The City has received a building application to demolish all buildings at 384 – 386 Napier Street, White Hills. The property is not currently covered by a heritage overlay as no heritage studies have been undertaken in the area. It is in the recently commenced White Hills and East Bendigo Heritage Study area. The City’s Heritage Adviser has determined that the dwelling and its outbuildings are of local heritage significance and should not be allowed to be demolished. Council’s Heritage Advisory Committee unanimously supports this recommendation. This report recommends that Council support the request made by the Director of Planning and Development under delegation to the Minister for Planning for interim heritage controls. It also recommends that Council request authorisation to prepare and exhibit a permanent Heritage Overlay for 384 – 386 Napier Street, White Hills.

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2013)

Planning for Growth

Our quality of life is maintained as our City's population and economy grows.

Productivity


Sustainability

Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets.


In May 2012 Luke Goggin Real Estate submitted a demolition enquiry to the Planning Unit on behalf of the owner as potential vendor. The City’s Heritage Advisor internally inspected the property and determined that it was historically significant and should not be demolished. The Planning Unit then attempted to negotiate with the enquirer to retain the main buildings and allow some development.


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The Planning Unit wrote to the enquirer in June 2012 stating that it did not support demolition of the main buildings but would support some development of the site including minor demolition, building extensions, subdivision and new development. The City also informed the enquirer that if an application was made under the Building Act to demolish that it would recommend seeking interim heritage protection. There were further discussions with the owner's representative in January 2013 where our previous advice was reiterated. The City received an application on 14 June 2013 (lodged 17 June 2013) under the Building Act 1993 to demolish all the buildings on the land. The Heritage Adviser and a representative of the Building and Property Unit again inspected the building internally and confirmed previous findings. A heritage assessment report has been prepared and submitted to Council’s Heritage Advisory Committee (HAC). HAC at its 20 June 2013 meeting recommended that demolition be refused and an interim heritage overlay be requested.


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Figure 1: Planning Scheme Amendment process

Report

An Explanatory Report must be submitted to the Minister for Planning when requesting authorisation to prepare and exhibit an Amendment to a Planning Scheme. The Explanatory Report details the purpose and effect of the Amendment and provides the strategic justification for the Amendment as required by Ministerial Direction No. 11. Key issues identified in the Explanatory Report are discussed below. Land Affected 384 – 386 Napier Street, White Hills is 4,015 square metres in size. It is zoned Residential 1 and is surrounded by residential development to the south and north, with Weeroona Secondary College across the road to the east and the train line and Bobs Street to the west.


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Figure 2: 384-386 Napier Street, White Hills

What the Amendments Do

Amendment C202 places an Interim Heritage Overlay (HO865) on 384-386 Napier Street, White Hills.

Amendment C203 proposes to replace the interim controls with a permanent Heritage Overlay following a public exhibition process.

Why the Amendments are Required The Amendments are needed to protect the heritage values of the dwelling and associated outbuildings, which have been assessed as having local heritage significance. C202 is in response to an application made under section 29A of the Building Act 1993 to demolish 384-386 Napier Street, White Hills and C203 is required to replace the interim Heritage Overlay with a permanent Heritage Overlay. A Heritage Overlay will ensure that the heritage values of the site are considered as part of any development proposal as a planning permit will be required. The Department of Transport, Planning and Local Infrastructure has advised that we must seek authorisation and exhibit a permanent Heritage Overlay to replace the interim overlay as soon as possible rather than wait for completion of the White Hills and East Bendigo Heritage Study.


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Strategic Justification The proposed Amendments are consistent with Clauses 15 Built Environment and Heritage, 15.01-1 Urban design, 15.01-5 Cultural identity and neighbourhood character, 15.03-1 Heritage conservation, 21.08 Environment and 22.06 Heritage Policy by ensuring that heritage values will be considered, maintained and enhanced while still allowing for increased development intensity. Clause 15 Built Environment and Heritage of the State Planning Policy states that Planning should ensure that all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. Clause 15.01-1 Urban design includes the strategy Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Clause 15.01-5 Cultural identity and neighbourhood character includes the relevant strategy Ensure new development responds to its context and reinforces special characteristics of local environment by emphasising the heritage values and built form that reflect community identity. Clause 15.03-1 Heritage conservation has the objective of ensuring the conservation of places of heritage significance. 384-386 Napier Street has been identified as having local heritage significance. This clause includes the following strategies:

Provide for the conservation and enhancement of those places which are of aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value.

Encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations.

Retain those elements that contribute to the importance of the heritage place. Ensure an appropriate setting and context for heritage places is maintained or

enhanced. Support adaptive reuse of heritage buildings whose use has become redundant. Clause 21.08-1 states that the collection of the City’s heritage assets are the most significant in central Victoria and that Heritage is an important part of the economy due to its role in attracting tourists, renovators and new residents who bring economic development initiatives and assets. Clause 22.06 Heritage Policy contains the following objectives:

To ensure that Greater Bendigo’s heritage assets are maintained and protected. To ensure that new land uses and developments are sympathetic with the

appearance and character of heritage places. To encourage sympathetic reuse of heritage places so that such places are

maintained and enhanced.


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Heritage Victoria in its ‘Review of Criteria and Thresholds for inclusion of places on the Heritage Overlay’ recommended that buildings from the period 1880 – 1914 be retained where possible, particularly if they are good representative examples. This collection of domestic buildings is a good representative example.

The subject land is within the White Hills and East Bendigo Heritage Study area, which has recently commenced. The consultants have completed stage 1 of the project which identifies properties of potential heritage significance for further assessment in Stage 2. This property is included in the list of stage 1 properties. All landowners in the study area have been notified of the project. The City’s Heritage Advisor has undertaken an assessment of the site against the recognised heritage criteria and found that it has heritage significance and should be protected under a Heritage Overlay in the Planning Scheme. Her findings are summarised below. Heritage Report – 384 – 386 Napier Street, White Hills The house and outbuildings at 384-386 Napier Street were constructed around 1890/91 by Police sub-Inspector Phillip Commons, who died in 1896. The buildings are in original condition and the property has remained intact since the first title was granted. The land and house when first constructed was rated very highly for the area indicating the high value of the residence and outbuildings. It was in fact almost the most highly rated building in White hills at the time, other than a Hotel. Description The building is a Bendigo ‘boom style’ single storey timber framed weatherboard villa with hipped roof of corrugated iron. The front façade is with wide timber weatherboards cut to simulate ashlar course work with raised / dressed quoining at the corners and openings, now considered rare in the Bendigo area. The timber, double hung windows have wide architraves and sills. The four panelled front door has two side lights with etched glass and a fanlight over.. The building rests on timber stump foundations set well above the ground level at the front, and is constructed from quality timber members, which demonstrates hand sawn cut and finished local and imported timber. There is evidence that the external walls and hallway ways are brick nogged construction, that is, the stud frames are infilled with brickwork. The bracketed timber eaves are closed with projecting fascia boards and ogee gutters. The roof has short lengths of corrugated galvanized hip roof and tall polychrome brick chimneys. The curved convex front verandah has turned timber three quarter post with narrow valance, although the former decorative cast iron details are missing. Internally the building is substantially intact although the walls and ceilings have generally been oversheeted with fibrous plaster. The timber floors, arched timber fire surrounds, mantels, and built in cupboards as well as joinery details are made from Australian timber. This includes hardwood flooring. Other outbuildings include a small brick laundry and enclosed on the rear verandah, a bathroom and toilet. A large detached timber weatherboard shed is some distance from the main house. Other artefacts such as wells, paving and planting beds are evident in the immediate area surrounding the house.


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Draft Statement of Significance What is significant? The first wave of development in White Hills resulted from the alluvial gold in Bendigo Creek and the Cornish mining of the gravels that gave the suburb its name. The second phase of development occurred in the 1870s when sluicing was undertaken thanks to the establishment of the water supply to Sandhurst from the Coliban River. The third phase of development of the White Hills township occurred from 1890 when the establishment of an irrigation trust enabled agricultural development in the area. Though mining was critical in the first two stages of growth in White Hills, there is less evidence of it now in the townscape and instead the dominant elements reflect the affluence of this area’s residences and landscapes. The house at Napier Street is a prominent example of this third phase of White Hills town development. The Bendigo ‘boom style’ single storey timber framed weatherboard villa with hipped roof of corrugated iron was constructed in c1890 for Mr Philip Commons, a local police sergeant. The building has a deep set back from Napier Street, and is sited in an elevated position on the corner of Napier and Powell Streets. There is a separate substantial kitchen building with upper level storage loft accessed externally. The kitchen building and the main villa have similar polychrome brick chimneys. Following Philip Commons death in 1896 the property transferred to Flora Sannerman, and her husband Henry Sannerman, coach builder, occupied the property for the next 5 years. The buildings are set within a large garden with remnant mature shrubs and trees. The place has prominence in the local landscape. How is it significant? The villa with separate kitchen building at 384-386 Napier Street White Hills is of local significance to the City of Greater Bendigo. Why is it significant? The substantial Bendigo Boom style police sergeant’s private residence set in an elevated position on a prominent corner site provides physical evidence of middle class affluence and the status of the police in the late nineteenth century in Bendigo. The house at Napier Street is a prominent example of the third phase of White Hills township development which occurred from 1890 and followed the two earlier (and now less obvious) phases related to goldmining in the 1850s and 1870s. The villa and separate kitchen building show some unusual characteristics for the probable date of construction (1890) including brick nogging to the exterior walls and hallway of the villa. The house is well constructed and demonstrates interesting and unusual technical characteristics such as brick nogged walls to the exterior and hallway separate kitchen wing with upper level storage. The villa with separate kitchen building is an excellent example of a c1890 Bendigo boom style residence because it is substantially intact, well-constructed and retains its original outbuildings.


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Figure 2: 384-386 Napier Street, White Hills

Environmental, Social and Economic Effects These Amendments will have positive environmental effects as they will encourage the retention and reuse of a structurally sound historic building. Retaining heritage buildings provides a positive social benefit to the broader community in that they provide a link to the past. 384-386 Napier Street is in a prominent location on top of a hill and is in original condition so provides an important link to the past of White Hills. The Amendments will ensure that heritage is considered in any planning applications for demolition, part demolition or redevelopment. The buildings are in solid condition and could be restored to provide a lasting link for future generations to the history of White Hills. Application of the Heritage Overlay would mean that the owner would be eligible for a Heritage Restoration Loan under the Council’s loan scheme which would assist with the cost of restoring the building.


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Figure 4 Before and after photos of restoration weatherboard stables


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Figure 3: Example of a restored Bendigo Boom Style Victorian Villa The Amendments overall would have a positive effect on the economy. It is recognised that heritage contributes to the economy in that it attracts people, often skilled professionals, to visit, recreate, work and live. Bendigo’s rich and diverse heritage landscape, from its small timber cottages to grand public buildings, all contribute to its unique identity and attract people to the City. The land can also be developed around the buildings due to its large size. A recent study by the National Institute of Economic and Industry Research in the Mount Alexander Shire (2012) found that heritage buildings are a significant contributor to the economy in that over 60% of new residents said heritage was an important factor in their decision to live in the Shire and business operators attributed approximately 15% turn over to visitors from attracted by heritage buildings.


The planning department provided advice to the owner’s representative in June 2012 and attempted to find other development options. There has also been verbal discussions with the owner’s solicitor on a number of occasions about options for the site. The City has consistently given the message that the property is of potential historic significance and should be retained in any future development, but that development options were available. The owner has been informed by letter that an Interim Heritage Overlay has been applied for from the Minster for Planning in response to their application for demolition under the Building Act.


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The proposed permanent Heritage Overlay would be notified to the owner during the public exhibition phase and any submissions would be considered by Council. The demolition application was referred to Council’s Heritage Advisory Committee for comment as it is older than 1920s, which agreed that the building should be retained.

Conclusion

A heritage assessment has determined that 384-386 Napier Street, White Hills has local significance to the City and should be protected in the Planning Scheme by the application of a heritage overlay. The dwelling and associated outbuildings contributes to the understanding of the story of White Hills. The building is structurally sound and has been built using innovative and unusual building techniques and can be restored and retained in any future development. It is recommended that Council endorse the Director’s request for an interim Heritage Overlay from the Minister for Planning and seek authorisation to prepare and exhibit a permanent Heritage Overlay to enable retention of the building.

Options Council has the following options: Interim Heritage Controls

Endorsing the Director’s request to the Minister for Planning for interim heritage controls on 384-386 Napier Street (as recommended by officers);

Not endorsing the interim Amendment request. Proposed Permanent Heritage Controls

Supporting the proposed permanent heritage controls by requesting authorisation from the Minister to prepare and exhibit an Amendment (as recommended by officers);

Not supporting the request for authorisation to prepare and exhibit a permanent Amendment.


Statutory fees payable to the Minister for seeking interim and permanent heritage controls would cost the City approximately $5,000. An independent panel may be required to consider submissions to the permanent Amendment which would cost approximately $5,000. There would be minimum cost to Council to assess future applications to develop the site with a heritage overlay applied to the land.


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Attachments

Heritage Report/Citation Draft Explanatory Report

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Endorse the actions of the Director of Planning and Development in seeking interim

heritage protection from the Minister for Planning for 384-386 Napier Street, White Hills.

2. Request the Minister for Planning to Authorise Council to prepare an Amendment to

the Greater Bendigo Planning Scheme to apply a permanent Heritage Overlay 384-386 Napier Street, White Hills.

3. If Authorisation is granted, exhibit the permanent Amendment to the Greater Bendigo

Planning Scheme giving notification as required for the minimum statutory exhibition period of one month.


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3.5 56 BROUGHAM STREET, BENDIGO 3550 - DEVELOPMENT OF A DWELLING, FENCE AND ASSOCIATED OUTBUILDINGS


Author Chris Duckett, Co-ordinator Land Use Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Planning permission is sought for the construction of a two storey dwelling with associated outbuildings and fencing at 56 Brougham Street, Bendigo. There is only one issue to consider with this proposal

Whether the development will impact adversely on the significance of the heritage precinct.

When assessed against the requirements of the Planning Scheme it has been concluded that the proposal will have an adverse impact on heritage values in the area and does not represent an acceptable outcome. In light of this it is recommended that the Greater Bendigo City Council issue a Refusal to Grant a Planning Permit.

Policy Context


Planning for Growth


Productivity


Sustainability



Officers have held pre-application discussions and meetings with the applicant’s representatives dating back to March 2011 on two previous proposals which were also deemed to be inappropriate design responses.


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As this is the third set of plans which have been prepared and failed to address the heritage concerns it is appropriate that a decision is taken on this proposal now rather than seek further modifications.

Report

Application No: DR/174/2013

Application Date: 1 March 2013

Applicant: G N Wakefield and L M Wakefield

Land: 56 Brougham Street, BENDIGO

Zoning: Residential 1 Zone

Overlays: Heritage Overlay 5

Subject Site and Surrounds

The site is a vacant rectangular block of 472sqm with a fall of approximately 2 metres from the front of the block to the rear. The site is at the end of a row of single storey dwellings predominantly from the interwar/Edwardian period. Although the area is primarily residential, the Brougham Arms Hotel is located to the north of the site. The car park of the Hotel is the immediate interface with the site. Brougham Street is identified as a major contributory street in the Eaglehawk and Bendigo Heritage Study and the site is located within the Hopper Street Heritage Precinct (HO5). The significance of the precinct is described as ‘…fairly representative of Bendigo’s inner suburbs of the gold-era (late 19th and early 20 centuries) with dominantly timber construction and hillside topography providing the visually cohesive housing stock with variety of sighting and elevation.’


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Figure 1: Location map showing subject site.

Proposal

The proposal would comprise a two storey dwelling which has been designed in a contemporary style and would be constructed of materials which include painted concrete panel walls, alucobond cladding, rendered cement sheet cladding and metallic feature tiles. The dwelling would have a front setback of 4.8m at ground floor level. At first floor level the setback would be 2.8m due to the projecting box feature which would comprise a full length wrap-around balcony. The vehicle and pedestrian accesses to the garage would be to the side of the dwelling. The proposal also involves the construction of large shed at the rear of the block, a 2.4m high side concrete fence and a concrete driveway which runs the full length of the block.

Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework

11.05 Regional Planning

15.01 Urban environment

15.02 Sustainable environment

15.03 Heritage Municipal Strategic Statement

21.08 Environment


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Local Planning Policies

22.06 Heritage Policy Overlay

43.01 Heritage Overlay Other Provisions

32.01 Residential 1 Zone

65 Decision Guidelines A planning permit is required for the dwelling due to the Heritage Overlay which affects the land.


Referrals The following internal department has been consulted on the proposal:

Referral Comment

Heritage Advisor The proposal is not acceptable in its current form as it will have an adverse impact on the heritage precinct.

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. No objections were received.

Planning Assessment

Will the proposal have an adverse impact on the heritage place?

The Planning Scheme includes Statewide policies which provide a framework for ensuring decisions are made which provide appropriate heritage outcomes. Of particular relevance are the following strategies: Clause 15.01-2 Urban design principles-Heritage - New development should respect, but not simply copy, historic precedents and create a worthy legacy for future generations. Clause 15.03-1 Heritage Conservation - Ensure an appropriate setting and context for heritage places is maintained or enhanced.


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At a local policy level Clause 21.08 Environment and Clause 22.06 Heritage Policy set out objectives which include the need to ensure that Greater Bendigo’s heritage assets are maintained and protected and to ensure developments are sympathetic with the appearance and character of heritage places. The purpose of Clause 43.01 Heritage Overlay, relevant to this proposal is to ensure that development does not adversely affect the significance of heritage places. The decision guidelines of the clause reflect this and most relevant is the following:

Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place and is in keeping with adjacent buildings.

The proposed dwelling has been designed and sited in such a manner that it will result in a building of significant bulk which will sit uncomfortably in what is a relatively cohesive streetscape with dwellings of a largely modest scale. The City’s Heritage Advisor has expressed concerns that owing to the two storey form of the building covering a large part of the site it would not be in keeping with the character and appearance of the adjacent single storey, hipped and gable roofed dwellings. In their assessment the applicant has argued that the modern two storey design is appropriate due to the interface with the Brougham Arms Hotel and will not significantly alter the character of the area. It is accepted that a modern two storey dwelling could be designed to be compatible with the heritage area. However, this design accentuates the harmful impact through its bulk, form and inappropriate materials. Whilst the design does have a gabled hip roof, the projecting box element at the front of the house would preclude the roof from being read as an identifiable element of the design unlike the roof forms of other dwellings in the area. The materials proposed are a further concern. The use of modern materials can be entirely appropriate in heritage areas where it can be demonstrated that they are compatible with existing buildings. In this instance the materials proposed are so stark, contrasting and overwhelming that they would significantly detract from the existing palate of materials in the area. The cladding, concrete panels, louvres, metallic tiles and spiral staircase are all features which would be incongruous in the streetscape. The site’s interface with a commercial area is not sufficient reason to approve an inappropriate design in a residential area with identified heritage values. In fact due to the openness of the adjoining car park the site will be far more exposed in the streetscape than it would be if it were an infill site between two dwellings.

Conclusion

For the reasons discussed above the proposal will adversely affect the significance of the heritage place and the permit application should be refused.


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Options

Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Refusal to Grant a Permit for development of a dwelling, fence and associated outbuildings at 56 Brougham Street, Bendigo for the following reason: 1. The proposed development would adversely impact on the significance of the

heritage values of the place by reason of the siting, bulk, form and appearance contrary to Clauses 15, 21.08, 22.06 and 43.01 of the City of Greater Bendigo Planning Scheme.


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3.6 116-118 BRIDGE STREET, BENDIGO 3550 - PARTIAL DEMOLITION AND EXTENSION TO EXISTING DWELLING AND GALLERY


Author Simon Francis, Planning Officer Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Planning permission is sought for the partial demolition and extension to an existing dwelling and gallery at 116-118 Bridge Street, Bendigo. The application is before Council due to the application receiving three objections. The key planning issues are:

Whether the design response is an appropriate outcome with reference to Neighbourhood Character and;

Whether the proposal complies with ResCode. The proposal has been assessed as being appropriate in the context of the streetscape character and the development will not impact on the amenity of adjoining owners and occupiers subject to conditions. The report recommends the Greater Bendigo City Council resolve to issue a Notice of Decision to grant a permit.

Policy Context


Planning for Growth


Productivity


Sustainability



A planning permit was applied for in 2008 for the ‘partial demolition and extension to existing dwelling’ and approved subject to conditions. The conditions related to details of the proposed colours and materials, screening required to prevent overlooking occurring from the rear balcony, elevation plans of the proposed car port to be submitted for approval and detail of any modifications to the front fence proposed.


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Many of the plans and supporting documents submitted for the current application are the same as the 2008 documents with amended plans addressing the conditional requirements of the planning permit issued in 2009.

Report


Application Date: 18 March 2013

Applicant: T I Jarvis and B D Jarvis

Land: 116-118 Bridge Street, BENDIGO


Overlays: Neighbourhood Character Overlay 1 Environmental Significance Overlay 1


The subject site at 116-118 Bridge Street is located on the east side of Bridge Street between Nolan and Lucan Streets and consists of five parcels. The current building which composes a dwelling and gallery is constructed over four of the five parcels. The building fronts Bridge Street and abuts an unnamed road to the rear. The site has a width of 33 metres, depth of 49.5 metres and total area of approximately 1,660 square metres. The building comprises three structures, an original timber weatherboard church/ hall, a more recent front entrance porch extension and a large rear addition. The timber church is a rectangular structure with a steeply pitched corrugated roof. Although the fabric of the church has been altered there is evidence of earlier decorative bargeboard details on the front gable end and four narrow timber double hung windows along each side elevation. The front elevation and original entrance has been obscured by the addition of a modern front entrance. The rear of the church hall is similarly compromised by the large timber cladded addition. A low brick fence exists along the frontage. Bridge Street is a local, City of Greater Bendigo, managed road. The street is a wide sealed road with concrete footpaths and a substantial canopy trees generally running along both sides of the street. The subject site also has large established canopy trees both in the front and rear yards which contribute to the garden setting of the streetscape. Land adjoining the subject site is used for dwellings that enjoy a spacious garden setting.


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Figure 1: Location map showing subject site. Objectors' property marked with a star. Proposal

Demolition:

It is proposed that the rectangular old church/ hall structure that forms the front

portion of the building be demolished.

Extension to the existing building is to comprise:

Construction of a single storey rear extension with roof top deck.

Construction of a second storey addition and alterations to the existing dwelling.

Materials and finishes to match that of the existing building.

Carport:

A single width tandem carport is proposed to service the existing dwelling.


The site is within a Neighbourhood Character Overlay Schedule 1 which triggers the need for a permit to partially demolish the building and extend the building. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework:

Regional development (clause 11.05).

Flood plain management (clause 13.02-1).

Built environment and Heritage (Clause 15).


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Sustainable development (clause 15.02).

Municipal Strategic Statement:

Municipal profile (clause 21.01).

Key issues and influences (clause 21.02).

Vision - strategic framework (clause 21.03).

Strategic directions (clause 21.04).

Settlement (clause 21.05).

Housing (clause 21.06).

Infrastructure (clause 21.09).

Reference documents (clause 21.10).

Monitoring and review (clause 21.11).

Local Planning Policies:

Central Bendigo 1 Character Policy (clause 22.11).

Zone:

Residential 1 Zone (clause 32.01). Overlay:

Neighbourhood Character Overlay (clause 43.05).

Other relevant provisions:

ResCode (clauses 54).

Decision guidelines (clause 65).


Referrals The following referral authorities have been consulted on the proposal:

Referral Comment

North Central Catchment Management Authority (NCCMA) (Section 52 comment only)

No objection subject to a condition and note relating to the finished floor level of the extension being no lower than 208.3 metres Australian Height Datum (AHD).

The Department of Environment & Primary Industry (DEPI) (Section 52 comment only)

No objection and request a note on the planning permit detailing the adjoining Crown land is not to be used for access, storage of materials or rubbish. Any private use of Crown land requires consent and/or licensing from the Department of Environment and Primary Industries.


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Referral Comment

Heritage Advisor Consent for the demolition of the church/hall element of the building was granted with the 2008 application. That decision is supported by the current Heritage Advisor.

Public Notification The application was advertised by way of a notice on the site and letters to adjoining and nearby owners and occupiers. The notice on site was erected for a total of 28 days due to the sign originally being inappropriately located. Following advertising three objections were received (originating from the 1 property) with the grounds of objection being:

Design of building not in keeping with neighbourhood character and will dominate the streetscape

Impacting on privacy by way of overlooking

Impact from overshadowing

The removal of the heritage church/hall should not be allowed

Potential for external lighting to shine onto the property at 120-122 Bridge Street.

Application form and notice of application incorrectly performed.

A consultation meeting was attended by the relevant ward Councillors, objectors and the applicant’s representative. No objections were resolved. Plans responding to objector concerns relating to overlooking were prepared and distributed to all parties detailing that the proposal adheres to ResCode requirements for overlooking. The objections are discussed below.

Planning Assessment

Is the design response an appropriate outcome with reference to Neighbourhood Character? The site is subject to the Neighbourhood Character Overlay that requires residential character to be a relevant consideration for this application. The site is within the Central Bendigo 1 Precinct which the policy describes as:

‘The area forms part of the inner ring of suburbs that exemplify the distinctive character of early Bendigo. Most of the housing is from Victorian, Edwardian and Inter-war periods, and much of it is weatherboard with picket fences creating a modest ‘cottage’ character, which lends an attractive consistency to the area. Most houses are closely spaced and close to the street, providing an intimate, pedestrian-friendly environment. The grid street pattern has adjusted to the alignment of two creeks, which are prominent features of the landscape. Much of the area has heritage significance’.

The statement of desired future character is that the ‘cottage feel and heritage qualities of the streetscapes will be maintained and strengthened’. The desired future character is to be achieved by the following objectives and design responses:


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Objective Design Responses

To retain buildings which contribute to the valued character of the area.

Retain and restore wherever possible, intact Victorian, Edwardian, Federation and Interwar era dwellings.

Alterations and extensions should be appropriate to the dwelling era.

Comment: The front church/hall section of the building to be demolished does not form part of the character of the area and is not an intact Victorian or Edwardian dwelling. The changes to the fabric of the building over time have reduced its level of authenticity. The proposed extension is appropriate to the existing building.

To encourage the consideration of the landscape setting of the dwelling.

Prepare a landscape plan to accompany all applications for new dwellings.

Minimise paved areas, particularly in front of dwellings.

Comment: No new dwelling is proposed as part of the application which would require a landscape plan to be provided. No trees are proposed to be removed and the large canopy trees that contribute to the streetscape qualities will be retained.

To maintain the consistency, where present, of building front setbacks.

The front setback should be not less than the average setback of the adjoining two dwellings.

Comment: The removal of the church building will result in the front setback being increased meeting this requirement.

To maintain the rhythm of dwelling spacing.

Buildings should be setback from at least one side boundary by a minimum of 2 metres.

Comment: No changes are proposed to the side setbacks. The proposal meets the objective.

To minimise the dominance of car storage facilities.

Locate garages and carports behind the line of the dwelling.

Use rear access where available.

Comment: A single car width open style tandem carport is proposed and setback behind the front building line of the existing dwelling meeting the objective.

To respect the identified heritage qualities of the streetscape or adjoining buildings.

Where the streetscape contains identified heritage buildings, reflect the dominant building forms in the street, including roof forms, in the new building design.

Comment: The site is not within a heritage precinct and there are no identified heritage buildings.

To ensure that buildings and extensions do not dominate the

Respect the predominant building height in the street and nearby properties. Where


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streetscape. there is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height.

Comment: The heights of dwellings in the area vary with both single and two storeys present. The setback of the dwelling will be more than 14 metres from the Bridge Street boundary and the large canopy trees will screen the dwelling during the warmer months. The proposed development will not dominate the streetscape.

To use building materials and finishes that complements the dominant pattern within the streetscape.

In streetscapes where weatherboard predominates, use timber or other non-masonry cladding materials where possible, and render, bag or paint brick surfaces.

Comment: The materials used on buildings in the vicinity of the site are varied. The colour and material selection will be similar to those used on the rear sections of the building. Given the 14 metre setback and the existing tree canopy the materials and finishes will not dominate the streetscape.

To ensure front fences are appropriate to the era of the dwellings and maintain the openness of the streetscape.

Provide open style front fencing appropriate to the building area.

Front fences should not exceed 1.2 metres other than in exceptional cases.

Comment: No front fence is proposed.

The role of policy is to assist/guide the consideration of an application and they are not mandatory controls. This proposal complies with the above policy, is respectful of neighbourhood character and complies with the purpose and decision guidelines of the Neighbourhood Character Overlay Schedule 1. Does the proposal comply with ResCode? In addition to neighbourhood character, the proposal has also been assessed as complying with the objectives and standards of ResCode. The proposed design addresses internal and external amenity considerations as well as the positioning of the building to site boundaries. Objectors have concern with overshadowing and overlooking aspects of ResCode. This is considered as follows: Overshadowing (objective and standard A14) An objector was concerned that overshadowing of the dwelling at 120-122 Bridge Street would occur. As the first floor extension is setback 4.3 metres from the southern boundary with 120-122 Bridge Street, the development meets the objective and standard of ResCode for overshadowing.


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Overlooking (objective and standard A15) Objectors have particular concerns regarding overlooking from first floor windows on the northern elevation. These windows provide light to a bedroom and a walk in robe. The objectors requested either the windows be removed, replaced with highlight window panels that have a window sill height of 1,700 mm, or to have permanent fixed perforated panels. The applicant was not prepared to remove the windows, but instead proposed to apply a translucent film glazing to a minimum height of 1,700mm from floor level on the bedroom window and walk in robe windows if requested by the City. Objectors had concerns that the application of a translucent film is not a permanent fixture and has the potential to be removed over time. This is a view shared by the City. Although the construction of the carport along the northern property boundary will reduce the amount of overlooking that will occur to the secluded private open space of the objector’s property, direct overlooking will still occur. A condition of the planning permit will require screening to these north facing windows to meet the requirement of the standard A15 Overlooking. Potential for external lighting to shine onto the property at 120-122 Bridge Street

The objectors have raised concern that external lighting emitting from the subject site has been an issue in the past. The applicant has agreed they would adhere to a condition set on the planning permit relating to external lighting. However external lighting on a dwelling is not a planning consideration and therefore no condition on a planning permit is required. Does the church/hall have any heritage significance? The small church is not cited in any heritage study and has received approval previously for its demolition. The heritage advice previously supplied in 2008 detailing that the fabric of the building had been altered to a state that its integrity and authenticity had been compromised is supported by the City’s current Heritage Advisor. Application form completed incorrect and sign detailing the notice of application not appropriately located Concern was raised initially via a phone call that the advertising notice was inappropriately located and that the application form was not accurately completed. The City agreed the sign was located incorrectly and the sign was relocated to the front of the site for an additional two weeks. The applicant also amended the application form. Concern was also raised that the City has not appropriately assessed the application. The City is confident the application process was followed to the legislative requirements.


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North Central Catchment Management Authority (NCCMA) condition and note The site is not located in the Land Subject to Inundation Overlay (LSIO) although comment was sought from the NCCMA given the following:

The sites proximity to the Bendigo Creek.

The site is identified as prone to flooding and;

The potential for the current flood study being undertaken to determine that a greater risk from flooding may occur.

The conditional requirement from the NCCMA is appropriate given the above mentioned.

Conclusion

In conclusion, the application is recommended for approval on the basis that it represents an acceptable planning outcome with regard to policy, the Residential 1 Zone, Neighbourhood Character Overlay and ResCode.

Options


Attachments

Objections


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the partial demolition and extension to existing dwelling and gallery at 116-118 Bridge Street, Bendigo subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Screening to the first floor windows on the north elevation drawing (No.9084

dated 20/02/2013) addressing the requirements of standard A15 of the Greater Bendigo Planning Scheme.

2. NO LAYOUT ALTERATION The development permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

3. SCHEDULE OF MATERIALS Prior to the commencement of development a schedule of the proposed materials and colours to be used for the building, shall be submitted to and approved in writing by the responsible authority.

4. General Drainage – Buildings and Houses The development must be drained to the satisfaction of the City of Greater Bendigo as the responsible drainage authority.

5. VEHICLE CROSSING Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve.

6. CONSTRUCTION PHASE All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the responsible authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.


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7. NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY The finished floor level of the proposed dwelling extension must be constructed a minimum of 300 millimetres above the 1% AEP flood level of 208 metres AHD, i.e. no lower than 208.3 metres AHD.

Department of Environment and Primary Industries note: The adjoining Crown land is not to be used for access, storage of materials or rubbish. Any private use of Crown land requires consent and/or licensing from the Department of Environment and Primary Industries. North Central Catchment Management Authority note: Flood levels for the 1 % AEP (100 year ARI) flood event have been estimated for this area under provisions of the Water Act, 1989.The estimated 1% AEP flood level for the location described above is 208 metres AHD, which was obtained from the Bendigo Urban Flood Study.

Figure 1: Aerial photograph of site with black outline. Objectors' property marked with a star.


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Figure 2: Demolition and proposed site plan


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Figure 3: Elevation plans (west elevation is Bridge Street and north elevation is from objectors property)


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Figure 4: Elevation plans (east elevation is rear and south elevation is from adjoining lands at 114 Bridge Street and 30 Nolan Street).


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3.7 51 CREEK STREET SOUTH, BENDIGO 3550 - CONSTRUCTION OF A RADIO ANTENNA


Author Frank Casimir – Statutory Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

This application seeks planning permission to install a 15-metre high radio antenna on the roof of a single storey building which is being used as an office at 51 Creek Street South, Bendigo. The application is before the Council because it attracted two objections from two adjoining property owners. One of the objections was withdrawn before a consultation meeting could be organised. At the consultation meeting which was attended by the applicant and a ward councillor, the second objection was maintained because the concerns raised by the objector could not be resolved. The key issues raised by this application are:

Its impact on the visual amenity of the nearby property owners.

Its impact on the neighbourhood character. This report recommends that the Greater Bendigo Council issue a notice of decision to grant a permit for this application.

Policy Context


Planning for Growth


Productivity



The subject site is used as an office by a not-for-profit agency which provides support to people with disabilities. The agency has two main offices in Bendigo; one at the subject site and the second one at 48 Mundy Street. Electronic data transmission between the two offices is an operational requirement of the agency.


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The applicant has also stated that they have explored all available technologies and options that they could use as alternatives to a radio antenna. The proposed antenna is their preferred option in terms of cost and technical requirements.

Report

Application No: DC/85/2013

Application Date: 4 February 2013

Applicant: Golden City Residential & Support Services Inc

Land: 51 Creek Street South, BENDIGO

Zoning: Commercial 1 Zone

Overlays: Neighbourhood Character Overlay 1 Environmental Significance Overlay 1 Parking Overlay 1


The subject site is flat and located in Creek Street adjacent to the Bendigo Creek just outside the Bendigo Central Business District. It is a rectangular allotment measuring approximately 645 square metres and currently contains a single storey rendered brick building with a red corrugated iron sheet roof. The precise date of construction of the building is not known. The surrounding sites are also flat with no significant difference in levels between them and the subject site. Most of them are developed with single storey buildings which are mostly of the Inter War period, both brick and timber in construction and are closely spaced. The area has mixture of land uses.

Figure 1: Location map showing subject site. Objector’s property is marked with a star.


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Proposal

The proposal is for the installation of a radio antenna for the transfer of electronic data between the two offices. The antenna measures 380 millimetres x 380 millitimetres x 100 millimetres and will be at the top of a 15-metre high galvanized steel telescopic mast which will be fixed on the rooftop of the building at the subject site. The diameter of the mast is 57 millimetres at its base. Between 15 to 20 steel wire guys measuring approximately 4 millimetres in diameter would be used to support the mast.

The need for a permit for this proposal is triggered by Clause 34.01 (Commercial 1 Zone) and also by Clause 43.05 (Neighbourhood Character Overlay) which require a permit for works.


The following clauses are relevant in the consideration of this proposal:

Commercial 1 Zone (Clause 34.01)

Neighbourhood Character Overlay (Clause 43.05)

Decision Guidelines (Clause 65)


Referrals There is no requirement to refer this application to any statutory referral authority either under Section 52 or 55 of the Act. Public Notification The application was advertised by way of a notice placed on the site for 14 days and letters sent to adjoining and nearby property owners and occupiers. As a result of advertising two objections were received, with the grounds of objection being:

Lack of clear and detailed information on what the permit application is for.

The proposal would have an adverse impact on the visual amenity of the area because of its height.

The proposal will be a threat to the desired character of this neighbourhood.

This antenna is not up-to-date with available modern technology.

Before the consultation meeting was organised, one of the two objectors withdrew their objection after additional information was provided to them. The objections are discussed below.


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Planning Assessment

The site is zoned Commercial 1 Zone (C1Z) and is affected by the Neighbourhood Character Overlay Schedule 1 (NCO1). Although these two planning controls are permit triggers for this application, none of them contain comprehensive guidelines that can be used to assess an application of this kind. Also of relevance, is Clause 65 (Decision Guidelines) from which the relevant consideration is:

The effect on the amenity of the area. Clause 34.01 Commercial 1 Zone The purposes of this zone are to create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses and; to provide for residential uses at densities complementary to the role and scale of the commercial centre. The clause does not contain decision guidelines that are relevant to assess this proposal. As the development is associated with an office use, it would meet the purpose of the zone. The effect on the amenity of the adjoining property

The proposal would have some impact on visual amenity because of its height. This is one of the main issues raised by the objector to this application. They are concerned about the height of this structure and of the guy wires that would be attached to it. They believe that the antenna and the wires would create visual clutter when viewed from their private open space. The applicant has responded to this by stating that the height of the antenna mast is a technical requirement and that it cannot be reduced any further. On the other hand however, they have reduced the diameter of the mast to 5.7 centimetres but this requires the use of 15 to 20 guy wires to support the mast. As a result, the antenna would have minimal impact on the visual amenity of the neighbouring properties. Whilst it is conceded that the antenna would have some impact on the visual amenity of neighbouring properties, it must also be considered that the site is commercially zoned. The zone allows for land to be used for office and residential purposes side by side. There is therefore an expectation that the residential use would, to some extent, be impacted by the office uses because of their varied operational requirements as in this particular case. It must also be noted that the subject site does not have any significant views and it is also in an urban setting. The objector is also concerned that they may suffer from adverse amenity impact because of the noise generated by the guy wires due to wind. Whilst any ground of objection to an application needs to be considered, there is no evidence that the guy wires would eventually generate any noise. To address that uncertainty, there is a condition in the recommendation below. In this context, although this antenna would be clearly visible in the area, it would not prevent the nearby residents from the peaceful enjoyment of their property.


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Impact on neighbourhood character The purpose of the NCO (Clause 43.05) is to ensure that development respects the neighbourhood character. The NCO contains a number of decision guidelines including whether the location, layout and form of the proposed development respects the neighbourhood character. However, these controls are intended to be applied to new dwellings, additions and carports and are difficult to apply to radio antennas. This proposal, being located on a rooftop, will have an impact on the existing neighbourhood character. However, due to its relatively discrete design, it would not create any significant detrimental impact. Other Issues There are a number of other issues that the objectors have raised in respect to this application. These include the safety of the mast and of the antenna, its potential impact on human health due to electromagnetic radiation. The applicant has responded to these concerns by stating that the proposed mast to hold the antenna would be subject to the prevailing engineering standards as a building permit would be required prior to its construction. In terms of its potential impact on human health because of electromagnetic radiation, there is no scientifically sound evidence that electromagnetic radiation emissions from antenna such as this can adversely impact on human health. It would therefore be unreasonable to refuse this application on this ground. The possibility that the antenna could cause interference to domestic electronic equipment has also been raised as an issue but this is outside the scope of this application as this matter is governed by other legislation.

Conclusion

This application needs to be considered against the operational needs of a not-for-profit agency which works to support the disadvantaged in the community and its potential to have adverse impacts on the amenity and character of this neighbourhood. Although the antenna would be visible in the neighbourhood, there is no evidence that it would create any unreasonable material detriment to the adjoining residents or that it would have detrimental impact on the neighbourhood. There is therefore insufficient ground to warrant a refusal of planning permission to construct this antenna.

Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.

Attachments

Objection

Photograph of a view from the objector property.

Plans


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the construction of a radio antenna at 51 Creek Street South, Bendigo subject to the following condition: 1. NO LAYOUT ALTERATION

The development permitted by this permit as shown on the endorsed plans must not be altered or modified for any reason except with the prior written permission of the responsible authority.

2. ANTENNA DIMENSIONS

The height of the antenna must be no higher than 15 metres, its diameter must not exceed 57 millimetres at the base and any guy wire must not exceed 4 millimetres in diameter.

3. GENERAL AMENITY The development permitted by this permit must not, in the opinion of the responsible authority adversely affect the amenity of the locality especially in regards to noise.

4. In the event that alternative technologies for the transmission of data become

available and are installed on the property and/or the radio antenna becomes redundant the antenna must be removed from the property.


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An aerial view of the subject (Flown in April 2013)


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The antenna mast


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A view from the objector’s property to the subject site


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3.8 224 QUEEN STREET, BENDIGO 3550 - CONSTRUCTION OF A SECOND DWELLING ON A LOT


Author Bryce Kilian, Statutory Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Planning permission is sought for the construction of a second dwelling on a lot at 224 Queen Street, Bendigo. The key issues are as follows:

Whether the proposal respects the neighbourhood character.

Whether the proposal will adversely affect the residential amenity of the locality.

The quality of the submitted plans. Two objections to the proposal have been received from local residents. Consultation took the form of a written response to the objectors from the permit applicant and verbal conversations with the objecting parties by the assessing officer. The concerns of the objecting parties could not be resolved. The site is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure and shopping facilities and public transport. The proposal has demonstrated compliance with ResCode, is respectful of neighbourhood character and it is recommended that the Greater Bendigo City Council issues a Notice of Decision to grant a planning permit.

Policy Context


Planning for Growth


Productivity


Report


Application Date: 4 February 2013

Applicant: J Mellington

Land: 224 Queen Street, BENDIGO 3550


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Overlays: Neighbourhood Character Overlay 1


The subject site is rectangular in shape with a frontage to Queen Street of 23 metres and an area of 933 square metres. The site has an existing single storey dwelling located on the south eastern half of the lot fronting Queen Street, with a carport to the north east and a shed in the north west corner of the lot. The site slopes from south east to north west by approximately 2.5 metres over the blocks 41 metre depth. The surrounding land uses are wholly residential with single storey detached dwellings being the typical built form. The site is within the area covered by the Central Bendigo 1 Residential Character Policy which describes the neighbourhood as follows:

“This precinct forms part of the inner ring of suburbs that exemplify the distinctive character of early Bendigo. The area is distinctive due to the mixture of land uses occurring in the buildings. Most of the buildings are from the Victorian, Edwardian and Inter War periods, both brick and timber in construction, on a standard grid street pattern. Most buildings are closely spaced and close to the street, providing an intimate, pedestrian friendly environment. The adjoining creek lends a special landscape character to one edge of the precinct. Much of the area has heritage significance”

Figure 1: Location map showing subject site. Objectors' properties marked with a star.


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Proposal

It is proposed to construct a second dwelling on the lot located to the rear of the existing dwelling. The dwelling will be a split level design with the garage and shed being at natural ground level (the garage and shed are existing buildings), the middle section of the dwelling containing a bedroom and study elevated from the ground and the north easterly most section containing the kitchen, living area and master bedroom will be double storey in height. The proposed dwelling will be constructed of weatherboards with a steel gable roof. Access to the proposed dwelling will be via an existing cross over and accessway located to the south west of the existing dwelling.


The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework

11.05 Regional Planning

15.01 Urban environment

15.02 Sustainable environment

16.01 Medium density housing Municipal Strategic Statement

21.05 Settlement

21.06 Housing

21.10 Reference documents Local Planning Policies

22.11 Central Bendigo Residential Character Policy Other Provisions

32.01 Residential 1 Zone

52.06 Car Parking

55 Two or more dwellings on a lot and residential buildings

65 Decision Guidelines


Referrals The following internal department has been consulted on the proposal:

Referral Comment

Drainage No objection subject to conditions


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Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising two objections were received, with the grounds of objection being:

The plans are not to scale and are hard to decipher/lacking information;

No drainage detail has been provided;

Overlooking issues;

Vehicular access to the proposal. The objections are discussed below.

Planning Assessment

Does the proposal have an effect on the amenity of the adjoining properties? While the plans provided are not of a professional standard they do show enough detail to assess whether or not there will be any impact on adjoining properties by means of overlooking and overshadowing. Screens are shown on the proposed second storey deck and a window on the north western elevation (shown on the attached plans) has a minimum sill height of 1,700mm above floor level. Other windows to the north east and south east are shown to have a minimum sill height of 1,700mm also. It is acknowledged that the dwelling will be double storey in height at the northern corner of the site in proximity to the two objector sites. However, owing to the window treatments and screening mentioned above and compliance with the overshadowing objectives of ResCode the proposal will not cause detriment to any nearby or adjoining site. Is the design response appropriate to the character of the area? The site is subject to the Neighbourhood Character Overlay that requires residential character to be a relevant consideration for this application. The site is within the Central Bendigo 1 Precinct: The statement of desired future character is that the ‘cottage feel and heritage qualities of the streetscapes will be maintained and strengthened’. The desired future character is to be achieved by the following objectives and design responses:


To retain buildings which contribute to the valued character of the area.

Retain and restore wherever possible, intact Victorian, Edwardian, Federation and Interwar era dwellings.

Alterations and extensions should be appropriate to the dwelling era.


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Comment: The existing dwelling on the site will be retained with the second dwelling located to the rear.

To encourage the consideration of the landscape setting of the dwelling.

Prepare a landscape plan to accompany all applications for new dwellings.

Minimise paved areas, particularly in front of dwellings.

Comment: A landscape plan will be required to be submitted as part of the conditions of the planning permit.

To maintain the consistency, where present, of building front setbacks.

The front setback should be not less than the average setback of the adjoining two dwellings.

Comment: There will be no impact on the front setback as the existing dwelling will be retained on the allotment with the new dwelling proposed to the rear.

To maintain the rhythm of dwelling spacing.

Buildings should be setback from at least one side boundary by a minimum of 2 metres.

Comment: The proposed new dwelling will be setback three metres to the north west boundary and 3.9 metres to the north east boundary. The setback on the south west boundary will be 150mm as the existing shed on site will be integrated into the new dwelling.

To minimise the dominance of car storage facilities.

Locate garages and carports behind the line of the dwelling.

Use rear access where available.

Comment: A single car width, open style carport is proposed and setback behind the front building line of the existing dwelling meeting the objective.

To respect the identified heritage qualities of the streetscape or adjoining buildings.

Where the streetscape contains identified heritage buildings, reflect the dominant building forms in the street, including roof forms, in the new building design.

Comment: The site is not within a heritage precinct and there are no identified heritage buildings.

To ensure that buildings and extensions do not dominate the streetscape.

Respect the predominant building height in the street and nearby properties. Where there is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height.

Comment: The proposed dwelling is to be located behind the existing dwelling on the site and will be a maximum height of 6.9 metres.


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To use building materials and finishes that complements the dominant pattern within the streetscape.

In streetscapes where weatherboard predominates, use timber or other non-masonry cladding materials where possible, and render, bag or paint brick surfaces.

Comment: The materials used on buildings in the vicinity of the site are varied. The colour and material selection will be similar to those used on the rear sections of the building.

To ensure front fences are appropriate to the era of the dwellings and maintain the openness of the streetscape.

Provide open style front fencing appropriate to the building area.

Front fences should not exceed 1.2 metres other than in exceptional cases.

Comment: No front fence is proposed.

The design response has demonstrated that the character merits of this proposal comply with the above policy. The fact that the dwelling is situated at the rear of the existing dwelling adds weight to the assessment that the proposal should be approved. Quality of the application plans It is acknowledged that the application plans prepared by the land owner have not been drawn by a qualified draftsperson or architect and have in fact been drawn by hand by the owner/applicant. This is a less than ideal situation, however the plans are to scale and have accurate dimensions shown on them, clearly identifying the appropriate levels, access points, windows and other relevant information to consider an application. The plans contained a high enough level of detail to assess the proposal's compliance with both ResCode and any potential impact on adjoining residential properties. Conditions of the permit will require the applicant to prepare and provide professionally drawn plans to the City prior to the commencement of construction including landscaping plans. Drainage plans Drainage plans are seldom required at this stage of a planning application and will be a condition of the planning permit for the applicant to ensure a proper and legal connection into the City's existing drainage infrastructure through the preparation and submission of drainage plans. Vehicle access Vehicles will enter the site and access the proposed second dwelling via an existing cross over to the south west of the site.


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Conclusion

In conclusion, the application is recommended for approval on the basis that it represents an acceptable planning outcome with regard to policy, the Residential 1 Zone, Neighbourhood Character Overlay and ResCode.

Options


Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the construction of a second dwelling at 224 Queen Street, Bendigo subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) A full set of professionally drawn plans prepared by a suitably qualified

draftsperson or architect.

2. NO LAYOUT ALTERATION The use and development permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

3. GENERAL EXTERIOR TREATMENT The exterior treatment of the buildings permitted by this permit including all exterior decoration, materials, finishes and colours must be to the satisfaction of the responsible authority. The exterior treatment of the building(s) must be maintained to the satisfaction of the responsible authority.

4. REFRIGERATION & AIR-CONDITIONING EQUIPMENT Any equipment required for refrigeration, air-conditioning, heating and the like must be suitably insulated for the purpose of reducing noise emissions and must be located so as to not be highly visible from the street to the satisfaction of the responsible authority.


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5. CONSTRUCTION PHASE All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the responsible authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.

6. STORMWATER DRAINAGE Prior to commencement of the development, drainage plans to the satisfaction of the responsible authority must be submitted to any approved by the responsible authority. When approved, the plans will be endorsed as part of the planning permit and form part of the permit. The plans must be drawn to scale with dimensions. The plans must include

Direction of stormwater run off

Point of discharge

7. DRAINAGE WORKS Prior to the commencement of the development drainage works must be constructed in accordance with plans approved by the responsible authority in condition 6 above.

8. VEHICLE CROSSINGS Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve.

9. SEALED CAR PARK Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

10. USE OF CAR PARKING AREAS Areas set aside for the parking and movement of vehicles as shown on the endorsed plan must be made available for such use and must not be used for any other purpose.

11. FENCING OF SITE The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority.

12. NO MUD ON ROADS In the event of mud, crushed rock or other debris being carried onto public roads or footpaths from the subject land, appropriate measures must be implemented to minimise the problem to the satisfaction of the responsible authority.


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13. LANDSCAPE PLAN Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The landscaping plan must be generally in accordance with the landscape concept plan dated (insert date) prepared by (specify consultant) The plan must show: (a) A survey (including botanical names) of all existing vegetation to be retained

and/or removed (b) Details of surface finishes of pathways and driveways (c) Planting schedule of all proposed trees, shrubs and ground covers, including

botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant

All species selected must be to the satisfaction of the responsible authority.

14. COMPLETION OF LANDSCAPING Before the occupation of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

15. LANDSCAPING MAINTENANCE The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.


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3.9 258 OLD MURRAY ROAD, HUNTLY 3551 - CONSTRUCTION OF A TELECOMMUNICATIONS FACILITY (FOR THE PURPOSES OF THE NATIONAL BROADBAND NETWORK (NBN) ROLLOUT)


Author Peter O'Brien, Senior Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

The application is before Council as the application has received two objections based on health and visual impacts. In this case, a permit is required for the construction of the facility only, not for the use of the land for a telecommunications facility. The relevant considerations are limited to the matters found in Clause 52.19 of the Greater Bendigo Planning Scheme which include the effect of the proposal on adjoining land and the principles contained within the Code of Practice for Telecommunications Facilities in Victoria. Officer assessment concludes the facility represents and acceptable planning outcome, subject to the recommended conditions governing screening vegetation, access and sound proofing. This report recommends that Council resolve to issue a Notice of Decision to Grant a Permit, subject to conditions for the applications.

Policy Context


Planning for Growth


Productivity



NBN Co is a wholly Federal Government owned company established to design, build and operate the National Broadband Network. 93% of Australia will be serviced via fibre optic cable. The applications before Council relate to the fixed wireless component of the rollout, which will serve around four per cent of the population or approximately 500,000 premises including farms, homes and businesses. Premises where cable or fixed wireless is not available will be serviced with satellite technology.


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Fixed wireless is a service that is delivered over the air, instead of a fibre optic cable. The fixed wireless signal is delivered to the end user by way of a base station, which is visually very similar to a mobile phone base station/tower and the customer is required to have NBN antenna and network equipment at their premises to access the network. At the time the planning applications were received it was stated that peak speeds of 12 megabits per second were expected, however it has recently been announced that initial speeds will double that speed. The fixed wireless network has been engineered with a view of providing consistent and stable broadband as the number of users in a coverage area is known, as opposed to mobile broadband where the number of users varies and service may slow down at peak times as a result of unpredictable demand for service over the course of the day. Each of the applications is a stand-alone proposal in terms of the planning considerations, however it is important to note that the nature of the fixed wireless rollout and the technology required is such that they not only service their coverage area, but they also need to have line of sight to other facilities. The diagrams (Figures 1 and 2) show in general terms how the network operates.


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Figure 1: Characteristics of the fixed wireless network.

As can be seen, the network forms a ‘daisy chain’ of facilities that ultimately link back to the fibre optic cable network (at a telephone exchange) via a series of radio transmission dishes. The radio transmission dishes require a line of sight from tower to tower that takes into account the factors noted in Figure 2. A line of sight from the tower to the servicing premise is also required in order for the site to connect to the NBN.


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Figure 2: Line of sight from facility to premises and from facility to facility. The site selection process is a rigorous multi stage process that firstly involved the identification of areas which require wireless coverage. From this a search area is identified which has regard to where premises to be serviced are located and importantly where other facilities are proposed in terms of the technical requirements of the network. The infrastructure to service premises should be within or close to the search area. Once the search area is identified the first step is to identify if any opportunities exist for co-location. Co-location is where an existing telecommunications facility (tower) or tall buildings/structure may be suitable to locate NBN infrastructure. This is a preferred option as in most cases co-location is cheaper, does not require planning approval and visual impacts are not increased by having additional standalone facilities. If co-location opportunities do not exist or are determined to be unsuitable for co-location, the scoping of a new site commences that considers factors such as visual amenity, a site owner willing to have a facility on their land, suitability of land (with regard to planning controls), access to the property for construction and maintenance purposes, getting services to the facility and environmental impacts. Additional Applications The City has received a total of 16 planning applications inclusive of this report. The status of all the applications received is in the following table.

Address & Application No.: Proposal: Status:

223 Kronks Lane, Strathfieldsaye. DP/784/2012

Telecommunications facility. Council resolved to issue a Notice of Decision at its 8 May 2013 Ordinary Meeting.

The sole objector has appealed the Council decision to VCAT.

200 Sugarloaf Road, Axedale. DP/811/2012

Telecommunications facility and removal of two native trees.

Council resolved to refuse to grant a permit at its 8 May 2013 meeting.

VCAT have not advised of any appeal.


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50 Francis Road, Lockwood South. DP/786/2012


A planning permit has since issued as no appeal of the decision was made to VCAT.

222 Wild Cherry Road, Lockwood South. DP/829/2012



17 Murphy Lane, Longlea. DP/828/2012

Telecommunications facility and native vegetation removal.

Council resolved to issue a Notice of Decision at its 8 May 2013 Ordinary Meeting.


88 Redburns Lane, Heathcote. DP/826/2012


Council resolved to issue a Notice of Decision at 27 March Ordinary Meeting.


59 Travers Lane, Heathcote. DP/812/2012


Council resolved to issue a Notice of Decision at 27 March Ordinary Meeting.


3708 Elmore-Raywood Road, Raywood DP/32/2013

Telecommunications facility and native vegetation removal (3 scattered trees).

Approved under delegation 12 June 2013.

177 Bassett Road, Sebastian DP/33/2013

Telecommunications facility. Approved under delegation 29 May 2013.

258 Old Murray Road, Huntly. DP/932/2012

Telecommunications facility. 2 objections.

Subject of this report.

30-48 Stoddard Rd, Mount Camel. DP/827/2012

Telecommunications facility. Approved under delegation 21 February 2013.


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1832 Strathfieldsaye Road, Eppalock DP/830/2012

Telecommunications facility and lopping of native vegetation.

Approved under delegation 21 February 2013.

73 Hazeldene's Road, Lockwood DP/34/2013

Telecommunications facility and native vegetation removal (patch).

Approved under delegation 19 April 2013.

82 Thompsons Road, Woodvale DP/35/2013

Telecommunications facility and native vegetation removal (7 scattered trees).

Approved under delegation 22 April 2013.

48 Springs Road, Sedgwick. DP/785/2012


50-64 Pine Grove, Goornong. DP/810/2012


For the information of Council, the NBN Co have been able to limit the number of new facilities proposed in the City of Greater Bendigo by identifying and securing co-location (locating NBN infrastructure on existing facilities) in Kennington (on One Tree Hill), 111A Mannix Lane, Mandurang South, 5431B Calder Highway, North Ravenswood and 89 Wilson Hill Road, Marong.

Report

Proposal: Construction of telecommunications facility (for the purposes of National Broadband Network (NBN) rollout).

Application No: DP/932/2012

Application Date: 7 Decemberber 2012

Applicant: Ericsson Australia P/L (on behalf of NBN Co.)

Zoning: Farming Zone

Overlays: Land Subject to Inundation Overlay (Part).


The application site is a triangular shaped lot of 14.21 hectares that has dual frontages to the Bendigo-Tennyson Road (a VicRoads controlled road) and Old Murray (a local, City managed road). The site is developed with a dwelling which is located approximately 58 metres from Old Murray Road, with evidence of lucerne/hay production and harvesting occurring regularly. The context of the area is that Low Density Residential land exists to the immediate west of the site. All other land around the site is zoned farming with diverse activities occurring including horse training, grazing and poultry farms in close proximity to the site. An adjacent site, 1555 Midland Highway, Huntly contains a 35 metre telecommunications facility which was established by Telstra, with Optus subsequently co-locating on the tower.


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Figure 3: Locality map showing location of tower site and objector property. Note the other objector property is not shown as it is located approx. 1.3 kilometres west of the tower location.

Proposal:

The application proposes the construction of a 60 metre high lattice tower, equipment shelters and a 2.4 metre high chain mesh fenced compound of 8 x 12 metres. The facility is proposed to be located 26 metres from the Bendigo-Tennyson Road and 255 metres from the south western property boundary.


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Figure 4: Elevation plan of tower.


The following clauses are relevant in the consideration of the proposals: State Planning Policy Framework

19.03-4 – Telecommunications Municipal Strategic Statement

21.01 – Municipal Profile Other Provisions

35.07 – Farming Zone

52.19 – Telecommunications Facilities


Referrals


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The following authority has been consulted on the proposal:

Referral Comment

VicRoads No objection subject to conditions

Public Notification This application was advertised directly to owners and occupiers of land within a 500 metre radius of the proposed facility. Notice was also erected on the application site. Public Notice was placed in the Bendigo Advertiser and the City also issued a press release which resulted in coverage on various media outlets. The extent of notification of each NBN planning application has been the widest given for any telecommunications facility in this municipality for at least the preceding five years. Planning Assessment Site Selection Process:

Figure 5: Search area for facility. The applicant provided details of the sites which were evaluated. The options considered were:

Co-location at 1555 Midland Highway, Huntly. This is the site which contains the existing telecommunications facility. A reservation of 20 metres is available for another carrier; however this is far too low to meet NBN Co’s service objectives. Consideration was given to extending the existing facility, however the existing providers would still maintain the top 15 metres of the facility hence the issue of height would still not be overcome.


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New facility at 1555 Midland Highway, Huntly. A facility of the same height as what is currently proposed was evaluated for this site 270 metres from the existing facility. This site was not viewed as being as suitable as the candidate site as it would directly impact two nearby dwellings by being in their primary viewing aspects.

New facility at Part CA 1, Midland Highway, Bagshot. A facility of the same height as what is currently proposed was evaluated for this site. This site was not viewed as being suitable owing to its closer interface with the new development area as provided for in the Huntly Township Plan.

Code of Practice: On balance, the design and location of the tower will not compromise the orderly planning of the area; as the telecommunications tower has been assessed as meeting the principles for the design, siting, construction and operation of a telecommunications facility set out in A Code of Practice for Telecommunications Facilities in Victoria 2004 as follows:

A telecommunications facility should be sited to minimise visual impact.

The height of the tower at 60 metres and the flat surrounding terrain will mean that it is very visible. From various viewpoints, some screening vegetation in the road reserve and on private land will minimise the visual impact in the area. The site of the tower itself is quite open and exposed and vegetation in the road reserve adjoining the facility is low level understory. To assist in minimizing the impact of the compound, screen vegetation is recommended. The site has been selected as it was the option that had the greatest level of separation between it and nearby dwelling as well as being located in manner where it is not in the primary viewing aspect of nearby dwellings. The assessing officer is satisfied the principle has been addressed as far as is practicable.

Telecommunications facilities should be co-located wherever practical.

As has been outlined, an alternative co-location site was identified and evaluated, however was ultimately was not selected as the candidate site owing the height available (even on an extended facility) being too low to service the required premise whilst maintaining a line of site to the recently approved NBN facility at Pine Grove, Goornong.

Health standards for exposure to radio emissions will be met.

At a distance of 479.99 metres from the site the highest level of electromagnetic energy (EME) output from the facility will occur. The maximum output at this location will emit 0.0068% of the allowable limit of EME in accordance with the Federal Government regulatory framework.

Disturbance and risk relating to siting and construction should be minimised. Construction activity and site location should comply with State environment protection policies and best practice environmental management guidelines.

The facility is located in a cleared and un-treed area requiring no vegetation removal for the construction, access or power. The facility will be constructed in accordance with best practice environmental management


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Objections Two objections were received citing visual impacts and health concerns as grounds of objection, the grounds of objection are discussed below.

Visual impact.

This matter has been considered in the course of this report. The assessment of officers is that whilst the facility will be very visible, that the relevant factors have been taken into account by selecting this siting and the facility is located in a way where it is outside the primary viewing aspects of existing dwellings, although will clearly be visible to residents as they go about their daily business coming to and from their dwellings.

Health impacts of electromagnetic radiation.

In reference to the potential health impacts of EME, telecommunications facilities are statutorily required to operate in compliance with strict scientifically based limits, which are recognised as providing appropriate protection for all members of the community. NBN Co relies on the expert advice of scientific bodies such as the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and the World Health Organisation (WHO). Further to this, VCAT have recently determined that grounds relating to perceived health impacts are not planning grounds which can be considered. Other common grounds that cannot be considered include; alternative locations for the towers; opposition to details of the NBN program and a preference for the use of alternative technologies. (Hyett v Shire of Corangamite [1999] VCAT 794 in McClelland v Golden Plains SC [2013] VCAT 59 and Marshall & Ors v Ararat Rural CC [2013] VCAT 90.)

Conclusion

The Greater Bendigo Planning Scheme recognises the importance of provision of appropriate levels of telecommunications coverage to many aspects of modern life. The application should be supported as it is consistent with the relevant sections of the State and Local Planning Policy Framework including the Municipal Strategic Statement. The applicant has satisfactorily demonstrated compliance with the performance standards relating to design, siting, construction and operation of the facility as set out in the Scheme.

Options


Attachments

Objections.


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the Construction of a telecommunications facility (for the purposes of the National Broadband Network (NBN) rollout) at 258 Old Murray Road, HUNTLY subject to the following conditions: 1. NO LAYOUT ALTERATION

The development permitted by this permit as shown on the endorsed plans must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

2. LANDSCAPE PLAN REQUIRED Within 12 months of the development permitted by this permit, a landscape plan showing screening of the fenced compound with locally indigenous vegetation must be submitted and approved by the responsible authority. When endorsed, the plan must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

3. VICROADS CONDITIONS a) The applicant must ensure that environmental management / protection

measures within the declared road reserve of the Bendigo – Tennyson Road must include, but are not be limited to:

Prior to the commencement of works, the boundary of the construction access point (prescribed works zone) must be temporarily delineated with parrawebbing or other approved method in writing by VicRoads until project completion. All other areas of road reserve including adjoining trees / native vegetation outside of the prescribed works zone will be 'No Go Zones’ for the duration of works.

No native vegetation, trees or plantation is permitted to be removed for the works.

To prevent damage to adjoining trees / native vegetation, no machinery or associated equipment, vehicles, construction materials, stacksites, vehicle storage areas, spoil, fill material etc… is permitted outside of the prescribed works zone.

No Truck turning areas, entry points, parking areas and temporary stack sites are to be established in the road reserve outside the prescribed works zone or on areas of native vegetation.

Maintaining all road pavement surfaces in clean and safe condition, free from mud, loose stones or aggregate and any other materials that may reduce skid resistance or affect pavement markings. Cleaning methods must ensure that any material spilt or tracked onto the road surface is cleaned off immediately.

Minimising dust emissions during construction activities.

Ensuring any excess materials and spoil from works are not dumped or spread outside of the prescribed works areas or within the road reserve and are removed from site.

b) The applicant must ensure that no other temporary or permanent vehicular / plant access points are permitted through the road reserve to access the prescribed works zone / adjoining land, prior to obtaining agreement and written approval from VicRoads.


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c) The applicant must prevent the spread of weeds and soil pathogens by:

Prior to entering onto the road reserve, during, and on completion of works all construction and maintenance equipment, earthmoving equipment and associated machinery must be made free of soil, seed and plant materials.

Controlling or eradicating any noxious or environmental weeds that are identified by the Department of Environment and Primary Industries (DEPI) and VicRoads as having been spread or imported onto the road reserve as a result of the works/ site reinstatement through treatment for a 24 month period following completion of all relevant works.

d) The applicant must ensure that works engineers, crews, contractors and plant operators are properly briefed on these and any site specific environmental conditions, prior to commencement of any works within the road reserve. A copy of these Environmental Conditions must be made available to all employees working on the Project.

e) The applicant must ensure that all works are monitored and inspected by a competent person(s) to ensure compliance with the above listed conditions and any Planning Permit(s) or other conditions from the Responsible Authority (Council) and / or the DEPI.

f) The applicant must ensure that in completing the works, all rehabilitation and revegetation (landscaping, plantations or mature exotic trees) measures must reinstate all disturbed areas of the roadway, pathway or area of roadside to the standard before the works were commenced to the satisfaction of VicRoads in accordance with Schedule (Clause 12) of the Road Management Act 2004. This shall include a review of these works with a VicRoads representative post completion of construction activities and shall be agreed to in writing.

g) The proponent shall comply with the Road management Act 2004, Road Management (Works and Infrastructure) Regulations 2005 and the Road Management (General) Regulations 2005 with respect to any requirements to notify VicRoads and/or seek consent from VicRoads to undertake “works” (as defined in the act) in, over or under the road reserve. VicRoads in requesting the inclusion of this condition on this planning permit, is not deemed to have been notified of, or to have given consent to undertaking any works within the road reserve as proposed in this permit.

4. SOUNDPROOFING All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a level satisfactory to the responsible authority.

5. REMOVAL OF REDUNDANT FACILITY The facility approved by this permit shall be completely removed from the land (with the land being reinstated to its natural condition) to the satisfaction of the Responsible Authority within three (3) months of the telecommunications facility becoming redundant. The Responsible Authority may approve an extension to this time if an application is received three (3) months prior to the telecommunications facility becoming redundant.


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6. EXPIRY This permit will expire if one of the following circumstances applies: (a) The development is not started within two (2) years of the date of this permit; (b) The development is not completed within four (4) years of the date of this

permit.


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3.10 25 HOMEBUSH DRIVE, JUNORTOUN 3551 - 2 LOT SUBDIVISION OF LAND AND APPROVAL OF DEVELOPMENT PLAN


Author Liz Commadeur, Subdivision Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

This application seeks the approval of a Development Plan and subsequent issue of a permit to subdivide the land at 25 Homebush Drive, Junortoun into 2 lots. Nine neighbours have made submissions to the subdivision principally because of concerns relating to neighbourhood character issues. Central to an assessment of the application is the small size of both lots relative to the character of the area where low density residential allotments predominate. The proposed subdivision does not satisfy the requirement of the Development Plan Overlay 4 which requires that subdivisions respect the general character of the area and that lots are a minimum of 1 hectare. This report recommends that Council oppose the subdivision on general character grounds, and that no permit be granted.

Policy Context


Planning for Growth


Productivity


Sustainability


Report

Application No: DS/321/2013

Application Date: 24 April 2013

Applicant: L K Wills

Land: 25 Homebush Drive, JUNORTOUN

Zoning: Low Density Residential Zone


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Overlays: Development Plan Overlay 4 Vegetation Protection Overlay 2


The site has an area of 0.84 ha and is located within a low density residential area on the corner of Homebush Drive and George Terrace in Junortoun in an area known as the Homebush Estate. A dwelling and associated outbuildings are located on the western part of the site. Two native trees are located in the middle of the site. The area is noted for its natural bushland and semi-rural setting in a low density residential area. The lots range between 0.78 ha and 2.59 ha, with the average being in the vicinity of 1 -1.2 ha. Most of the dwellings in the area are large and set in gardens often defined by large stands of native vegetation. Most of the lot boundaries are fenced with traditional post and wire. A bushland reserve, which acts as a natural drainage line abuts the eastern boundary of the site. A dwelling on a 1.06 ha lot abuts the site to the north. The site has no other abuttals to low density residential land. The site is located approximately 9.5 kilometres from the Bendigo CBD. Local facilities include a Catholic secondary school and recreation reserves. A bus service to and from the CBD is available on nearby McIvor Highway.

Figure 1: Location map showing subject site. Objectors’ properties are marked with a star.

Proposal

The applicant seeks approval of a Development Plan to subdivide the land into 2 lots, with Lot 1 being 4,295 square metres and Lot 2 being 4,210 square metres. It is proposed to subdivide the eastern half of the land off from the existing dwelling to create a new vacant lot appropriate for a dwelling in a low density residential setting.


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Lot 1 will have a 75 metre frontage to George Terrace and 55.24 metre frontage to Homebush Drive, while Lot 2 will have a 47.25 metre frontage to Homebush Drive. A dwelling and associated outbuildings and wastewater system will be retained on Lot 1. Both lots will be accessed from Homebush Drive.


The site is in the Low Density Residential Zone and is wholly affected by the Development Plan Overlay 4 (minimum lot size of 1 hectare) and Vegetation Protection Overlay 2 controls. A permit is required to subdivide land under the Low Density Residential Zone. A permit must not be granted to subdivide land, until a development plan has been prepared to the satisfaction of the responsible authority. The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application: State Planning Policy Framework:

Regional development (clause 11.05).

Floodplains (clause 13.02).

Soil degradation (clause 13.03).

Urban environment (clause 15.01).

Sustainable development (clause 15.02).

Integrated transport (clause 18.01).

Movement networks (clause 18.02). Municipal Strategic Statement:

Municipal profile (clause 21.01).

Key issues and influences (clause 21.02).

Vision - strategic framework (clause 21.03).

Strategic directions (clause 21.04).

Settlement (clause 21.05).

Housing (clause 21.06).

Environment (clause 21.08).

Infrastructure (clause 21.09).

Reference documents (clause 21.10). Local Planning Policies:

Salinity and erosion risk policy (clause 22.04). Other relevant provisions:

Decision guidelines (clause 65).

Referral and notice provisions (clause 66).


Referrals The following internal departments have been consulted on the proposal:


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Referral Comment

Environmental Health No objection subject to the inclusion of a notation on the permit.

Drainage No objection subject to conditions.

Public Notification The application was informally advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising nine submissions were received, with the grounds of objection being:

Proposed lot sizes are not in accordance with the 1ha minimum size specified in the Development Plan Overlay 4.

Proposed lot sizes are not in keeping with the character of the neighbourhood.

Potential overlooking of abutting properties.

Any future development on Lot 2 will cause elevated levels of stormwater entering the bushland reserve in a large rainfall event.

A consultation meeting was not conducted, as the application is recommended for refusal. The submissions are discussed below.

Planning Assessment

Development Plan Overlay 4. The site is affected by the Development Plan Overlay 4 (Low Density Residential Zone – Density Management Area). The DPO requires that lots in this area are to be at least one hectare in area. Lots under the minimum lot size of one hectare may be allowed if it can be demonstrated that: (1) the proposed lot size is compatible with the general character of the area, (2) the lots can be appropriately serviced and (3) remnant vegetation can be retained. Both proposed lots will be less than 1 hectare, thus it is necessary to have regard to these three points. Character of the Area

Under the Planning Scheme provisions, there are currently no policy statements that indicate a preferred character for this area in Junortoun, so it is necessary to assess the proposal against the existing character. The Homebush Estate was originally created as a low density residential area, with the majority of these lots being greater than 1 ha. The lots located on Homebush Drive and George Terrace are characterised by large dwellings which are setback at least 20 metres from the street and generally have expansive gardens.


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The lots are sufficiently large to allow generous separation between dwellings. This low density residential area tends to act as a buffer between the outer urban area of Bendigo and the rural areas towards the east. The neighbourhood has developed a strong sense of place due to the nature of the built form and the landscape character. The creation of smaller lots would undermine this existing character. Reticulated Services All reticulated services with the exception of sewerage and gas are able to be connected to the site. The existing dwelling is reliant on a septic tank system for the management of wastewater. The application was referred to the City’s Environmental Health Officer regarding the retention of wastewater within the boundaries of the proposed lots. The EHO concurred with the conclusion stated in the submitted Land Capability Assessment that both proposed lots were capable of retaining wastewater within the lot boundaries. In the absence of reticulated sewerage, it is not desirable to continue to approve septic tank systems on undersized lots in the area. In the short term, the management of septic tank systems on the lots may be satisfactory. However, in the long term, it is not known how the land will continue to sustain these systems if small lots continue to be approved. Vegetation The site is affected by the Vegetation Protection Overlay 2 (Significant Vegetation). Two medium sized native trees are located in the middle of the site. A plantation of tall shrubs has been planted along the northern boundary. There is to be no removal of vegetation as part of this application. The proposed subdivision will not have any impact on the existing trees. Drainage The site abuts a natural drainage line which is incorporated within a bushland reserve. The objectors are concerned that the future development of Lot 2 will increase the amount of stormwater entering the bushland reserve in a large rainfall event. The width of the bushland reserve is 20 metres at the narrowest point along the site frontage. In the aftermath of a large rainfall event, the reserve would have a large volume of water running through. It is unlikely that the impervious area of a future dwelling on Lot 2 would contribute to a major increase in stormwater running into the reserve. Amenity The residents are concerned that the proposed subdivision will potentially create overlooking into the private open space areas of nearby neighbours. In response, it is unlikely that the proposed subdivision will cause overlooking issues. The common boundary between the site and the abutting property to the north has a plantation of medium sized shrubs which provides some screening. Any potential overlooking between the proposed Lot 2 and the private open space areas of other properties would be insignificant.


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Conclusion

The application to subdivide land into two lots at 25 Homebush Drive, Junortoun should not be supported on the grounds that the proposed size of Lot 1 and Lot 2 do not meet the minimum lot size of one hectare and subsequently do not meet the requirements of the Development Plan Overlay 4 or accord with the character of the area.

Options


Attachments

Objections

RECOMMENDATION

That Greater Bendigo City Council resolves to: A. Refuse the Development Plan prepared by Adrian Cummins & Associates

(Surveyors Ref: AB7263-13-01, Version 1), for a two lot subdivision at 25 Homebush Drive, Junortoun, on the following ground:

1. The subdivision is not in keeping with the general character due to the

small size of Lot 1 and Lot 2 and in this regard it is contrary to the requirement of the Development Plan Overlay 4.

B. Refuse to Issue a Permit for a two lot subdivision at 25 Homebush Drive,

Junortoun, on the following ground:

1. The subdivision is not in keeping with the general character due to the small size of Lot 1 and Lot 2 and in this regard it is contrary to the requirement of the Development Plan Overlay 4.


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Attachment 1: Aerial area of neighbourhood


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Attachment 2: Proposed plan of subdivision


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3.11 EAGLEHAWK STRUCTURE PLAN - PROPOSED CHANGES


Author Mark Stubbs, Senior Strategic Planner Responsible Prue Mansfield, Planning and Development Director

Summary/Purpose

This report explains proposed changes to the Eaglehawk Structure Plan which relate specifically to the future planning directions for the former Unity Mining site. Instead of the whole area being designated for industrial use, an area containing many mineshafts, historical mining relics and ridgeline cutting has been set aside in a bushland reserve. The Structure Plan was adopted by Council in August 2012. The need for these changes has emerged through recent advice from the now Department of Environment and Primary Industries and Heritage Victoria. Consultation has been carried out with the local community to explain how and why the Structure Plan is to change in this instance and to provide the opportunity to comment.

Policy Context

Council Plan Reference (2009-2013):

Built and Natural Environment:

o Strategy 1.6: Complete and progress local structure plans and development

strategies to manage growth

Action 1.6.1: Prepare and progress Planning Scheme Amendments to implement the Eaglehawk Precinct.


The Eaglehawk Structure Plan (ESP) was completed within a broadly two-stage process over a period of approximately fifteen months and concluded with Council adoption of the ESP in August 2012.

Report

Priority/Importance High – The preparation of a Structure Plan for Eaglehawk was a current project commitment of the City of Greater Bendigo for the 2011/12 financial year. The Plan provides a coordinated planning framework to inform Council’s decision-making and investment in support of a long-term vision for Eaglehawk.


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Proposed Changes to the Eaglehawk Structure Plan The current ESP indicates a future plan for the Unity Mining site, shown in Figure 1, which reflected the agreed work plan for the site. The work plan is a regulatory document that, amongst other requirements, sets out and agreed plan for the mine’s rehabilitation post-decommissioning. The now Department of Environment and Primary Industries (DEPI) have advised that the Work Plan is now redundant and that some revisions to the strategic directions given in the Structure Plan are necessary. The City of Greater Bendigo has been working with the DEPI and Heritage Victoria to coordinate the necessary changes to the ESP to ensure alignment with the rehabilitation plan for the site. Several aspects of the ESP are proposed to be revised, most notably the Land Use plan which is shown in Figure 1 below. In summary this plan now shows for the Unity mining site specifically:

A future bushland reserve to the north and east. Parts of this area are heavily encumbered by mine shafts and a ridgeline cutting. The reserve will incorporate remnant bushland and the sites of various historic mining relics.

An area of land for future industrial development on the eastern part of the site where the terrain is flatter and where access is possible via McCormacks Road and/or an extension of York Road.

Other proposed revisions to sections of the ESP are:

The strategies listed under Strategic Direction #2;

Action 20.0 of the Implementation Plan; and,

Figure 16 Southern Industrial Gateway. These changes are included in the revised Eaglehawk Structure Plan which is circulated separately as an attachment.


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Figure 1: Unity Mine Site – Aerial Perspective Image, 2013


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Figure 2: Revised Land Use Plan - area affected by the changes outlined in red.


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\

Figure 2 (cont): Land Use Plan Legend

Consultation/Communication The proposed changes to the ESP have been communicated by letter to the owners and occupiers of properties next to and in close proximity to the Unity Mine site (approximately 180 recipients). Correspondence was also sent to the Business and Community Network 3556, Empowering Eaglehawk and to representation of the Unity Mine Environmental Review Committee. A special Whipstick Ward meeting was held on Tuesday, 11 June to provide the opportunity for residents and other interested parties to understand the proposed changes to the ESP and to voice their opinions and questions. Notification of the meeting was given in the aforementioned letters and via local media. Comments received during the community engagement were reported initially to the DEPI for consideration and are advised to Council as follows:

Comment Officer Response

How will traffic impacts associated with industrial development on the site be handled?

In part, this is beyond the scope of the ESP. Nonetheless, the ESP does highlight this issue and recommends as a potential solution the realignment of Upper California Gully Road (at its southern-most point) with Holdsworth Road and the creation of a


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new signalised intersection. This would allow smoother flow of freight (and general) traffic.

The area for future industrial land could be expanded more to the east.

The terrain becomes increasingly difficult (steeper and closer to known mine shafts) moving eastwards across the site. The area shown is considered to be optimal, however has not been designated according to a detailed site survey (this is beyond the scope of the ESP).

Will there be vehicle access to the site from the west?

No. It is envisaged that access would occur via McCormacks Road (south) directly and via an extension of York Street (west).

Overview of Next Steps

Should Council approve the proposed to changes to the ESP, the next step is to prepare documentation for a Planning Scheme amendment. Work has commenced on preparing the amendment documentation and the amendment will be exhibited in the 2013/14 financial year.


An allocation of $15,000 has been budgeted to progress strategic Planning Scheme Amendments.

Attachments

Eaglehawk Structure Plan, July 2013

RECOMMENDATION

That the Greater Bendigo City Council resolves to: 1. Re-adopt the Eaglehawk Structure Plan dated July 2013, incorporating changes in

accordance with the Report and provide community information about this decision. 2. Request the Minister for Planning to authorise Council to prepare a Planning

Scheme Amendment to implement planning policy, zone and overlay changes in accordance with the recommendations of the Report.


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3.12 FORTUNA - SUBMISSION TO THE HERITAGE COUNCIL ON PROPOSED INCLUSION ON THE VICTORIAN HERITAGE REGISTER


Author Megan McDougall, Heritage Architect / Adviser Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

Heritage Victoria has invited submissions on details of the proposed inclusion of Fortuna on the Victorian Heritage Register. The details are contained in the advertised recommendation: (Attachment 1). The attached submission (Attachment 2), based on Council’s position and strategic objectives for the site suggests strengthening the evidence of the Defence period of occupation, clarifying potentially contradictory permit policy, and including policy on subdivision and interpretation of the site.

Policy Context


Planning for Growth


Productivity


Sustainability



Detailed background information is contained in the report to Council of 10 July 2013.

Report

The advertised Executive Director’s draft recommendation is attached (Attachment 1.). It comprises four main components:

1. The proposed extent of registration

2. The draft Statement of Cultural Heritage Significance

3. Proposed Permit Policy


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4. Proposed Permit Exemptions Proposed Extent of Registration This spells out exactly what buildings, landscape elements and land would be covered by the registration. The recommendation includes all the land except for the “bush” block. This is the same as the area currently covered by the Heritage Overlay in the Greater Bendigo Planning Scheme. It does not include all the buildings, and the recommendations for buildings to be included in the extent are more closely aligned with the earlier Conservation Management Plan by Allom Lovell (2002) than the more recent Heritage Management Plan prepared by Godden Mackay Logan (2009). The only buildings recommended to be included from the Defence period of occupation of the site (post 1942) are the two P1 huts, shown on the plan below as buildings numbered 3 and 14. The proposed permit policy allows for these buildings to be relocated on the site, subject to permit. This goes beyond the Council position adopted at the meeting on 10 July 2013 in not including two buildings identified as being of moderate significance and dating from 1942, namely 8f Photo printing building (1942) and 8g (Printing Annexe 1942). These red brick buildings sit between the main villa and the Quartz Crushing Battery. The two diagrams below compare the significance of the built elements in the 2009 Heritage Management Plan to the proposed Heritage Victoria Extent of Registration Diagram.


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Figure 2: Proposed Heritage Victoria extent of registration:

Summary Table of the Different Recommendations:

Key Landscape Areas / Key Built

Elements

2002 Report (CMP)

2009 Report (HMP)

Heritage Victoria Recommendation

Recommended Council

Response

Buildings coloured red 6,7,8a, 8d, 17, 18, 57,59 1861-1942 The Villa

Primary significance.

High significance Conserve, retain, restore.

Included Agree with HV recommendation

Buildings coloured orange 3, 8b, 8c, 8f, 8g, 14 (except for 8e which is associated with the Villa period above) 1942-1960

Primary with alterations. 8f 8g, little or no significance.

Moderate heritage significance. Conserve with adaptive reuse of interiors.

8f and 8g not included

Include 8f and 8g


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Key Landscape Areas / Key Built

Elements

2002 Report (CMP)

2009 Report (HMP)

Heritage Victoria Recommendation

Recommended Council

Response

Buildings coloured blue- 19, 20, 21,22, 23 1960-1986

These were identified as intrusive. No restrictions on future use/demolition.

These buildings have been identified in the assessment part of the document as being of “some significance”.

Not included Agree with HV recommendation

Buildings coloured green 10,12 16, 16A, 30 1986-present

Little or no significance.

Neutral heritage significance.- Could either be adaptively reused or removed.

Not included Agree with HV recommendation

Recreation Landscape Basketball Court, Tennis Court, Cricket practice wicket

Recreational facilities of no individual significance No restrictions on future use/demolition

Landscape high significance, recreational facilities some significance. No new buildings.

Facilities not included

Agree with HV recommendation

Curtilage and subdivision

Current title boundaries be treated as the extent of heritage curtilage. No specific statement on subdivision, but recognition of the importance of the site as it exists at present.

Retention as a single cultural landscape because of the integrity of the historic allotments. Future subdivision would have a heritage impact on the values of Fortuna as a whole.

Bush block not included. Proposed policy is silent on subdivision.

Policy should address subdivision, and consider only in context of development plan for whole site.

Proposed Statement of Heritage Significance The proposed Statement of Significance is supported in its current form. Proposed Statement of Permit Policy The proposed Statement of Permit Policy makes reference to the 2009 Heritage Management Plan and the earlier 2002 Conservation Management Plan as well as a Garden Conservation Plan assisting with the future management. The proposed Statement of Permit Policy makes no reference to the detailed policies within these documents. The 2009 and 2002 documents have contradictory recommendations. This needs some clarification in terms of which of the documents take precedence in guiding future decisions.


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There are also no suggested policies on subdivision and interpretation, which would provide guidance to future decision making in line with Council’s adopted position on Fortuna. Some policy suggestions covering points of clarification, and subdivision and interpretation have been made in the attached submission. Proposed Permit Exemptions The only proposed permit exemptions are the five general conditions, possible exemptions for minor works (which would still be subject to notification and approval by Heritage Victoria) and exemptions for routine landscape management. The registration will mean that all buildings identified in the Extent of Registration would have internal controls including control of interior paint colours. The proposed permit exemptions are supported in their current form.


External Consultation: External consultation on the draft Council position on Fortuna has informed the draft response to the advertised Heritage Victoria recommendation (Attachment 2). Other parties with an interest in Fortuna, such as the Fortuna Coalition, have the opportunity to make their own submissions directly to Heritage Council. Implications of Greater Bendigo City Council Submission While the submission does not “object” to the proposed listing of Fortuna on the Victorian Heritage Register, it is likely that a hearing before the Heritage Council will be scheduled as a result. While not an objection, the submission proposes some changes to buildings to be included, and proposes some additions to permit policy. Scheduling a hearing enables all submissions to be circulated to all interested parties, and also provides opportunities for submissions in reply prior to the hearing, and prior to any final decision being made.

Attachments 1. Heritage Victoria's Advertised Recommendation 2. Council's Submission

RECOMMENDATION

That the Greater Bendigo City Council resolve to adopt as its formal position the attached submission to the Heritage Council.


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3.13 ADOPTION OF THEMATIC ENVIRONMENTAL HISTORY AND PREPARATION OF AMENDMENT C201 - GREATER BENDIGO THEMATIC ENVIRONMENTAL HISTORY PLANNING SCHEME AMENDMENT

Author Dr Dannielle Orr, Heritage Planner, Strategy Responsible Prue Mansfield, Planning & Development Director

Summary/Purpose

The purpose of this report is to present to Council the final draft of the City of Greater Bendigo Thematic Environmental History (TEH) for adoption. It is also to request the Minister for Planning to authorise Council to prepare Amendment C201 to implement the Thematic Environment History into the Greater Bendigo Planning Scheme. When authorised by the Minister, exhibit Amendment C201 to the Greater Bendigo Planning Scheme for a period of 6 weeks.

Policy Context

The Greater Bendigo +25 Community Plan recognises the importance of heritage to the community, when it states that ‘Our vision is to share a bountiful environment, where public spaces showcase beauty, innovation and valued heritage assets, while benefiting the community’. The City of Greater Bendigo Council Plan 2013-2017 directs, in section 1.9.3, to ‘complete a Thematic Environmental History for the City of Greater Bendigo to inform broader heritage work throughout the municipality’. The Thematic Environmental History identifies areas in the municipality that have yet to be studied. This is further strategic work identified in the Municipal Strategic Statement, part of the Greater Bendigo Planning Scheme, to implement the ‘Undertaking [of ]heritage inventories within those parts of the municipality that have no comprehensive heritage studies’ (Clause 21.08-4). The Thematic Environmental History performs Council’s obligation ‘to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value’ under the Victorian Planning and Environment Act 1987 (Section 4 Objectives 1.d). A Thematic Environmental History is now required to use the Heritage Council’s Victorian Framework of Historical Themes in the study. The Framework of Historical Themes describes the themes that are significant to the natural and cultural heritage of the State of Victoria.


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The Thematic Environmental History project began in March 2011. A draft was placed on public exhibition from 9 July to 17 August 2012 and submissions were considered by the Steering Committee. This final draft has been prepared by the consultants, Lovell Chen, and the City of Greater Bendigo to respond to key issues raised during public exhibit. It was presented to the Steering Committee on 20 May 2013, who endorsed it to proceed to Council for adoption. Previous Council Decision Dates: Endorsement Ordinary Council meeting 4 July 2012.

Report

The Thematic Environmental History identifies what is distinctive and significant about Greater Bendigo from an analysis of the historical themes that have shaped our municipality. These themes have been summarised and presented in an accessible document based on the Victorian Framework of Historical Themes. The Thematic Environmental History takes a broader view of Greater Bendigo’s development so that places, sites, landscapes and events can be understood as part of a historic pattern rather than as isolated buildings or individual phenomena. The final draft of the Thematic Environmental History contains 4 documents: Greater Bendigo Framework of Historical Themes at a Glance (refer Attachment 1) Thematic Environmental History with bibliography Study Overview Report Aboriginal History The Thematic Environmental History will increase people’s understanding and appreciation of Greater Bendigo’s rich heritage. It will be used across the organisation, as well as in the wider community by groups and societies, educational institutions and tourism operators. Statement of significance for the City of Greater Bendigo (refer Attachment 1) A Statement of Significance has been prepared for the municipality of Greater Bendigo. The statement outlines what is significant, how it is significant, and why it is significant. It will become included in the Municipal Strategic Statement of the Greater Bendigo Planning Scheme, as part of the Planning Scheme Amendment process (refer to next page). Recommendations for future studies The Thematic Environmental History is a tool to assist heritage work of the City of Greater Bendigo, making the process of heritage planning schemes more efficient. It identifies what areas and types of places are underrepresented in the Schedule to the Heritage Overlay of the Greater Bendigo Planning Scheme.


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The current White Hills and East Bendigo heritage study was one of the recommendations for future studies in the Thematic Environmental History. Next Steps - Amendment C201 - Greater Bendigo Thematic Environmental History Planning Scheme Amendment Once presented to Council for adoption, the reports will be put forward in a Planning Scheme Amendment to be included in the Greater Bendigo Planning Scheme. The changes to the Greater Bendigo Planning Scheme will be as follows:

the entire set of documents will become Reference Documents

the Statement of significance will be included in the Municipal Strategic Statement

and the list of future heritage studies will be identified as ‘further strategic work’ in the Municipal Strategic Statement.

The key steps in the Amendment process are summarised below; where Council makes a decision is shaded:


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There has been extensive internal and external engagement and consultation on this project. Internal The Steering Committee, chaired by Councillor Cox, met 5 times during the project. Internal committee members were from Strategy, Statutory Planning and Post Office Gallery units as well as the Planning & Development Directorate. External committee members were from Heritage Victoria and the Department of Planning & Community Development. External The Thematic Environmental History was on public exhibit for community comment in July and August 2012. Comments and submissions on the Thematic Environmental History were received from the Post Office Gallery, Community & Cultural Development, Strategy, Statutory Planning, and Tourism, as well as members of the public. Submissions were considered by the Steering Committee. The main concerns were that the history did not use the Heritage Council Victorian Framework of Historical Themes, was too long and outside the scope of a post-contact heritage planning document. Future In the Planning Scheme Amendment phase the Amendment C201 Greater Bendigo Thematic Environmental History will be exhibited for a further period of 6 weeks.

Conclusion

The City of Greater Bendigo Thematic Environmental History is the history of land use in our municipality – how this Box Ironbark and mineral rich environment influenced the development, settlement, and use of this area. The completion of the City of Greater Bendigo Thematic Environmental History is a great step for the future management of heritage in Greater Bendigo. It will provide a basis for future heritage studies, assist units across the organisation with prioritisation of projects, and provide a resource that can be used inside and outside the organisation for educational purposes. A Planning Scheme Amendment is now required to implement the Thematic Environmental History. The Amendment will include the Statement of Significance within the MSS, include the reports as Reference Documents and list further strategic studies that need to be undertaken.


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2011/2012 Net Cost to Council $78,670 2012/2012 Net Cost to Council $11,820 Future expenditure of $5,000 will be incurred in the Planning Scheme Amendment phase and is budgeted in the 2013/14 financial year (subject to Council approval).

Attachments

Greater Bendigo Framework of Historical Themes at a Glance

RECOMMENDATION

That the City of Greater Bendigo resolve to:

1. Adopt the City of Greater Bendigo Thematic Environmental History.

2. Request the Minister for Planning to authorise Council to prepare Amendment C201 to implement the Greater Bendigo Thematic Environment History into the Greater Bendigo Planning Scheme.

3. Request the Minister to provide an exemption to Council to notify all landowners and occupiers individually that may be affected by Amendment C201.

4. When authorised by the Minister, exhibit Amendment C201 to the Greater Bendigo Planning Scheme for a period of 6 weeks.

Liveability - Reports Ordinary Meeting - 31 July 2013

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4. LIVEABILITY

4.1 COUNCIL PLAN FOURTH QUARTERLY REPORT 2012-2013


Author David Williamson, Social Planner Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

The purpose of this report is to provide the fourth quarterly report for 2012/2013, on progress against the goal areas, strategies and actions set out in the Council Plan 2009-2013 (revised 2012).

Policy Context

The Council Plan 2009-2013 (Revised 2012) was prepared in accordance with legislative requirements. A number of previously adopted strategies and plans provide important advice about community priorities and Council direction in the development of the Council Plan. These include the Greater Bendigo 2036 Community Plan, the Greater Bendigo Municipal Strategic Statement and many others.


The revised Council Plan 2009-2013 was adopted by Council on 14 June 2012. The Council Plan identified the key issues to be pursued by Council over the four years until June 2013 in order to meet the community’s needs and aspirations as well as its own organisational activities. The measurable commitments detailed in the Council Plan Actions are set on a yearly basis. Actions set out in the Council Plan generally document the new initiatives adopted by Council and those activities which are above and beyond daily service provision. This being the final quarterly report in the final year for the Council Plan, it would be expected that a high proportion of actions had been completed or were nearing completion.

Report

The Council Plan 2009-2013 was based on four goal areas, each with strategic objectives and strategies. Each strategy has actions that were relevant for the current year. The four goal areas are:


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1. Built and Natural Environment 2. Economic Development 3. Community and Culture 4. Our People, Our Processes

Highlights from the past three months include: Major Projects

Extension of Bendigo Art Gallery - Construction on track for end of 2013 completion.

Library redevelopment - On site construction works are progressing in accordance with schedule and expected to be completed late December following which the library operations will relocate from temporary premises into the refurbished building. Discussions with a cafe tenant are being finalised. Contract for RFID (self-serve technology) has been awarded. Loose furniture tender being finalised. Opening of the redeveloped facility is expected to occur in early 2014.

Indoor aquatic facility at Kangaroo Flat - Concept design completed. Schematic design stage commenced.

Work with the Department of Education and Early Childhood Development and Bendigo Secondary College to deliver the Sandhurst Community Theatre project - construction commenced.

Airport redevelopment - Planning Scheme Amendment and permit application process underway.

Built and Natural Environment

Review of Domestic Wastewater Management Plan - Engagement of key stakeholders about to commence.

Federal Government Community Energy Efficiency Program - Total funding granted is $5,129,780 for the installation of a minimum of 21,000 lights across the 16 partner municipalities. Key partners include: Ironbark Sustainability, Victorian Central Greenhouse Alliance (CVGA) and Wimmera Mallee Sustainability Alliance (WMSA). City of Greater Bendigo will manage project funds and the responsibilities under that Agreement. Next steps are to ensure appropriate governance by establishment of a formal Project Steering Committee with membership made up of a representative from City of Greater Bendigo, Mildura Rural City Council, two other local government representatives from partner municipalities plus one representative each from CVGA & WMSA.

Respond to potential social impacts of climate change and climate change adaption - The Creating a Climate-resilient Southern Loddon Mallee project deed has been updated with the Department of Environment and Primary Industries. A brief is being developed for the preparation of local government Climate Vulnerability Assessments, a Regional Climate Vulnerability Assessment and the development of a Regional Climate Adaptation Plan.

Reduce corporate emissions from City of Greater Bendigo operations, works and facilities - Technical specifications for the revised scope of Energy Efficiency Installations Project works are under development and installation of the project is scheduled over the following eight months.


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Complete a Waste and Resource Strategy with Implementation Strategy - A draft Waste and Resource Management Strategy was provided to Councillors at the Council Forum held on 26 June 2013 prior to the Councillor workshop held on 24 July 2013. This is later than planned but has allowed the incorporation of the State Government's new policy on waste which has significant implications for Council's decision making.

Prepare a Housing Policy that establishes Council's role and approach to the broad range of housing issues including diversity, availability, housing stress and affordability - A preliminary workshop has been undertaken with key delivery aspects of City of Greater Bendigo representatives as well as industry representatives including the Urban Development Institute of Australia, Haven Pty. Ltd. and Integra. Key issues around housing affordability and accessibility were discussed and have continued to inform the Residential Development Strategy Review. It is intended the Residential Development Strategy Review will provide a framework for the City of Greater Bendigo to respond to issues of housing affordability.

Draft Maiden Gully Precinct Structure Plan (PSP) - The Draft Maiden Gully PSP public exhibition process has been completed. Submissions received were broadly supportive of the PSP and minor corrections and alterations to the Plan resulting from the submissions are being considered and incorporated into a Final Precinct Structure Plan. The final plan will be reported to Council for adoption in August 2013.

Hospital Precinct Structure Plan - Project has experienced some delays, primarily due to State Government Public Private Partnership (PPP) New Bendigo Hospital announcements. However, background reporting including preparation of an Issues and Options paper has been completed. Visioning workshops are scheduled for mid-July with conceptual Structure Plan preparation to be completed by end of October 2013.

Prepare and progress Planning Scheme Amendments to implement the Marong Plan, Eaglehawk Precinct, CBD Parking Policy and Airport - The Strategy Unit has successfully obtained the support of the Department of Transport Planning and Local Infrastructure through the ‘Flying Squad’. Document preparation is underway to support subsequent reporting to Council for incorporation of policy and planning scheme changes for the Eaglehawk Structure Plan.

Implement Master Plans and Strategies for Botanical Gardens at White Hills, Canterbury Gardens and Lake Weeroona - At the Botanical Gardens a range of works have been completed including tree and shrub planting, removal of old infrastructure and improving public access to bushland area around Native Bird Aviary, removal of old animal enclosures, installation of edging around garden beds and modifications to waste stations. Also a temporary play-space has been installed due to the need to remove the old playground infrastructure as it had reached the end of its operational life.

Development Plan for the Beehive/Bendigo Mining Exchange Complex - Drawings have been completed to support further engagement with the private sector and development interest. Completed drawings will also enable Council to further de-risk the site by preparing necessary planning and heritage approvals.

Action to reduce waiting times for required work on trees in the public domain - The Arboriculture Team is continuing to focus on the undertaking of tree maintenance requests and all available funds for the 2012-13 financial year were spent on the provision of this service. As part of the 2013-14 financial year, the purchase of an additional wood chipper unit will improve operations and efficiency through having two teams operating that will be responsible for both the pruning and disposal of tree material and funding will again be allocated for this service.


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Planning for the provision of Recreation Services using needs and trends analyses, feasibility studies, participation census and Master Plans - Golf Strategy is in final draft. The census is nearly ready for distribution. North Bendigo Concept Plan is 30% complete. Spring Gully Recreation Plan is at final draft stage. The Dower Park Master Plan has been drafted for public release.

Undertake strategies to promote infill and high density residential development in and near the CBD which are congruent with the heritage values and neighbourhood character of the area - Recently approved and gazetted Planning Scheme Amendment C186 seeks to ensure the protection of identified heritage assets while enabling additional commercial floor space to support increased residential yield on Precinct D of the CBD Plan (Crystal Ice & Gillies).

Review planning and design for Bendigo Station Precinct for current and expected growth in demand - No external funding through the Department of Transport was available to support commencing the project. The project will not be completed this financial year.

Prepare a Heritage Plan that prioritises the strategic goals and objectives and resource allocation for promotion, programs and heritage protection strategies - An internal working group has been convened including a workshop to appropriately scope and prioritise key issues for the City of Greater Bendigo. The plan, which fundamentally focusses on the internal priorities of the City of Greater Bendigo's work program to support Heritage matters, will be completed prior to December 2013.

Undertake a Heritage Study for East Bendigo/White Hills to inform preparation of citations and inclusion of properties in the Heritage Overlay - The project is advanced with key inception, stakeholder engagement and first stage investigations completed. The successful heritage consultants are now preparing the first stage reporting which will guide more detailed citations and planning scheme recommendations.

Complete the process and implement the findings of the review of the Greater Bendigo Planning Scheme - Due to other project commitments, the Strategy Unit has successfully obtained the support of the Department of Transport Planning and Local Infrastructure through the ‘Flying Squad’ which provides State Government financed consultant support to Local Government. The successful consultant team are currently reviewing documentation and progressing the outstanding reporting to finalise the Planning Scheme review.

Review of the Residential Development Strategy (2004) and commence implementation - Submissions were received following the exhibition of the Issues and Options Paper. Follow up engagement and specific reporting on issues raised by submitters is currently underway to guide the drafting of the Residential Review.

Complete property audits on all City of Greater Bendigo owned and managed buildings and commence implementation of works - No change in progress from March. Staff changes have been implemented to ensure that revised target of 100% completed by December 2013 is met.

Develop a strategic assets sales program starting with the former Bendigo Advertiser property - The first report relating to surplus property was presented to Council on 17 April 2013 and all recommendations were unanimously accepted. A process has been undertaken to engage a Real Estate agency and 2-28 High Street, Axedale was marketed for sale in the last week of June. Community engagement has been undertaken for one property with a Council report being drafted with the community feedback.


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Undertake in partnership with key transport agencies the development and preparation of an Integrated Transport and Land Use Strategy for Greater Bendigo - Stage 1 of the project is complete including establishment of key project governance arrangements (technical/community/steering groups) and project scoping. Stage 2 is underway including preparation of a State of Land Use and Transport Report and Visioning Workshops.

Economic Development

Work collaboratively with private sector to attract new events - New events include: The Festival of Light at the Great Stupa, Softball Victoria Ladies Masters Championships, National Beef, Bowls Australia National Sides and Super Sixers Championships, Bowls Australia Annual Awards Night, Australian Ultimate Frisbee Championships, Craft Alive, International Table Tennis Federation Oceania Championships. The Major Events Unit has also successfully completed its first major sporting events partners program with the private sector which has resulted in 16 private sector businesses committing to donate a total of $75,000 to the City of Greater Bendigo Major Events Unit to be used to secure more significant sporting events into Bendigo.

Continue to sponsor and broaden the Inventor Awards, with an additional focus on sustainable industry developments and climate change adaptation – The Bendigo Inventor Awards are now open for entries (closing in August). Major media marketing campaign commenced in late June.

Continue to support the industry and post-secondary student linkages for work experience and possible work placements - Goldfields Career Horizons project formally launched by Mayor in 2013. Several hundred opportunities have been lodged by local businesses. Most secondary schools in municipality will begin to take up these opportunities in terms two and three.

Complete planning for the Marong Business Park for manufacturing and associated activities - Over 20 reports now completed (three reports still to be completed) in preparation for lodgement for a Planning Scheme Amendment. Ongoing analysis of bores continues.

Work with CBD traders and the community to develop programs and events that maximise activation of the Hargreaves Mall - Activities and events in the CBD continue to occur throughout the winter months. Attendance at CBD Trader’s monthly meetings continues. Developing consistent policy and procedures for bookings across the organisation and the Public Spaces Activation Officer sits on this Working Group. Planning has also commenced for events and activities in the upcoming spring and summer months.

Review the Economic Development Strategy - Ten of the 11 Working Lunch Sessions with a diverse group of local business industry and community leaders now completed. Final workshop to be held mid-July. Over 130 participants have attended the workshops to provide general themes, identify economic activities and to underpin the production of a new strategy to cover the period to 2017.

Continue to develop and grow the reputation of the Bendigo Art Gallery as a national leader in contemporary art and major exhibitions - Bendigo Art Gallery has continued to grow and cement its reputation as a national leader through innovative and diverse programming that includes exhibitions of national significance.


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Community and Culture

Advocate and plan for early roll out of the National Broadband Network – City of Greater Bendigo has contributed to a number of workshops with business and community representation with the draft strategy expected in late July.

Identify current and anticipated future needs for community facilities in and around Eaglehawk, evaluate facilities fit-for-purpose and prioritise action - Supporting Department of Transport Planning and Infrastructure funding received. Project has commenced and consultants appointed to complete the project. Work to align project with City of Greater Bendigo Asset Management Planning is underway and City of Greater Bendigo Project Steering Group has been established. Project is scheduled for completion in March 2014.

Promote and disseminate Greater Bendigo 2036, including the Greater Bendigo Thinking Community Activities - The Thinking Community Group is now mid-way through their training and engagement with Action foresight. Participants have further advanced both skills and potential project ideas as a result of the Thinking Community Project. Further media, thought leadership and involvement of 'committee' members is scheduled from July onwards.

Support the preparation, implementation and review of District and Neighbourhood Community Plans - The Axedale Plan was successfully launched with the support of Cr. Rod Campbell.

Complete and implement a review of the Aged & Disability Services Unit - A report on the Aged and Disability Services Review is scheduled to be considered by Council on 25 July 2013.

Undertake a review of Council's role in child care and preschool to ascertain where it should best allocate its resources - The Early Childhood Services Review is scheduled to be completed in August and then a report will be prepared for Council.

Continue to explore opportunities that support all children aged 0-12 years within the City of Greater Bendigo - Funding received and the Off to an Early Start Program, Early Years Governance Model and the Pilot Breast Feeding Support Strategy implemented.

Continue to work towards achieving Universal Access for all pre-school children - Discussions ongoing with the Department of Education and Early Childhood Development, Loddon Mallee Pre-School Association and Pre-Schools to progress models that support universal access for eligible pre-school children.

Our People, Our Processes

Commence property revaluations in accordance with Valuer General Best Practice Guidelines and in time for City of Greater Bendigo 2014 budget considerations - Planning completed. First Stage 2 residential Sub Market Groups (SMGs) ready to be reported to Valuer General.

Implement improvements to Capital expenditure delivery - The draft of the updated Project Management Manual has been completed and it is being distributed for comment. Following the review process the manual and associated training will be rolled out to the organisation from September.

Review State guidelines and tools to establish mechanisms for inclusion of social procurement into tendering processes - The Guidelines have been reviewed. Social Procurement is now able to be applied within evaluation criteria for tender specifications.


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Focus on improved project management methodology, including preparation of business case prior for funding capital projects and demonstrated community need (Best Value reporting requirements) - The draft of the updated Project Management Manual has been completed and it is being distributed for comment. Following the review process the manual and associated training will be rolled out to the organisation from September on.


Resource implications are as reported in committee and budget discussions regarding progress on specific Council Plan actions, except where any unanticipated changes have been reported here. Priority/Importance: Reporting on progress towards completion of Council Plan actions is important for Councillors and the community because of the ongoing commitments to comprehensive reporting and the links to previous budget decisions. Regular reporting is also a legislative requirement of the Local Government Act (1989). Timelines: This is the fourth and final quarter report (April 1st to June 20th 2013) for the 2012-2013 Council Plan

Conclusion

This fourth quarterly report for the financial year provides details of the many projects and activities that are completed or nearing completion in accordance with the strategies and actions set out in the Council Plan and the priorities and timeframes agreed in the 2012-13 Budget. Where relevant, any impediments to progress on actions have been documented.

RECOMMENDATION

That Council acknowledges the substantial progress against the objectives and actions set out in the 2012-2013 Council Plan.


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4.2 EMERGENCY MANAGEMENT

Document Information Author Karen Marini, Emergency Management Coordinator Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

To provide an overview of emergency management reform in Local Government and to seek Council endorsement of the revised Municipal Emergency Management Plan (MEMP).

Policy Context

Council Plan 2013-2017 (2013) 2.5.6 Build community safety through environmental health, building and animal

services and programs. 4.3 Continue to build the capability of our community to reduce the impact of

changing weather on communities and individuals. 5.3.2 Continue to implement the Community Engagement Framework to guide

engagement opportunities, timetables and policy development and service reviews.

5.4.5 Review the Municipal Emergency Management Plan.

Report

An emergency is the actual or imminent occurrence of an event which endangers or threatens to endanger people and or property and or the environment. Under the Emergency Management Act 1986, municipalities have emergency management responsibilities, including the organisation and management of resources for dealing with aspects of emergencies because they are the closest level of Government to their communities. Council has a responsibility to:

provide support to response agencies (Nb. Council is NOT an emergency response agency)

contribute to planning and act as custodians of the Municipal Emergency Management Plan


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fill the three key positions of Municipal Emergency Response Officer (MERO), Municipal Fire Management Planning Officer (MFPO) and Environmental Health Officer (EHO)

coordinate relief and recovery support for the community The planning for emergency management centres on people, property - especially critical infrastructure, and environment. Emergency Management involves:

Prevention: Prevent or reduce the likelihood of an emergency and minimise the consequence of impacts

Preparedness: Reduction of the severity of hazard impacts by developing community capabilities

Response: Provision of immediate relief services for preservation of life, property and the environment

Recovery: Assisting people and communities affected by emergencies to achieve a level of functioning in built, social, economic and natural environments

The model of emergency management below outlines the relationship between the four areas of prevention, preparedness, response and recovery.

Figure 1: A Model for Emergency Management


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Municipal Emergency Management Plan (MEMP) and Audit Emergency Management Planning is a legislated multi-agency responsibility. Councils play an important role as planning participants, facilitators of the planning process and as custodians of the MEMP and sub plans, for example the Municipal Flood Plan. The purpose of the MEMP is to identify what hazards are likely to impact the community, what steps are to be taken to prevent, respond to and support recovery from emergency events, and the role of organisations in each stage. Building community resilience is a critical component of this process, requiring extensive community consultation and engagement. Planning is ongoing. The current plan is structured to cover:

A Planning Committee

Environmental Scan

Risk assessment

Develop management strategies

Develop and document the Plan

Implementation

Monitor, review and evaluation The current MEMP has evolved from focusing on just response. The revised approach covers the broader spectrum of prevention and preparedness for response and recovery (as outlined in Figure 1 above). This approach relies on risk-based planning and partnerships with agencies and the community. The Plan has been approved by the Municipal Emergency Management Planning Committee (MEMPC), and was recently subject to audit by the Victorian State Emergency Service (VICSES) and awaits endorsement from the Council. This audit is required under the Emergency Management Act to occur once every three years to ensure the Plan complies with legislation and guidelines (Emergency Management Manual Victoria). Since the previous audit in 2010, considerable work has occurred to shift the focus of CoGB’s emergency involvement as a support agency, with a response focus to now cover the broader spectrum of prevention and preparedness for response and recovery. The Audit, led by VICSES, indicated the MEMP achieved best practice outcomes in 21 of 24 questions. The audit explored areas of legislative requirements, environmental scan, risk assessment and treatment planning, exercising, relief and recovery arrangements and contacts. While this result is great recognition for the significant effort undertaken to date, it is important to recognise the need to focus on the three lower scoring areas of risk, vulnerability and infrastructure, which are fundamental planning elements and should be reflected through CoGB’s broader planning structures. To assist with further enhancements, CoGB has committed a dedicated resource for the next six months through a grant funded position.


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Emergency Management Reform - White Paper CoGB’s approach aligns with the principles of the recently released State Government White Paper on Emergency Management Reform, focusing on the principles of:

Community

Collaboration

Capability To support cultural change within the organisation, an Emergency Management Working Group has commenced and is chaired by the CEO. This has assisted with increasing awareness of CoGB’s responsibilities, enhancing capability to perform CoGB’s support role, and planning to prevent more emergency situations with a resilient community. As described by Rob Spence, CEO of the Municipal Association of Victoria, the reforms in the White Paper offer a “…once-in-a-generation opportunity to modernise our emergency management regime to deliver safer outcomes for communities.” These changes have been reflected in the MEMP and planning processes altered accordingly with a focus on risk based planning and community engagement. Impending legislative responsibilities will be reflected in CoGB’s approach when they come into effect. The White Paper explores changing responsibilities around the following themes for local government:

Stronger emphasis on risk mitigation

Alignment with business continuity plans best practice

Shared accountability for plans and implementation

Councils to retain specific responsibilities for certain mitigation activities

Hazard specific sub plans to be led by experts from relevant agencies

Develop a scalable model to quickly deploy and coordinate ongoing recovery following a major emergency of devastating consequences

Partnerships with neighbouring municipalities will explore cross border planning through the established Emergency Management Cluster Pilot Project (for which CoGB is the lead Council), which is designed to develop and formalise a best practice model for sharing municipal emergency management services at the cluster level and provide a more cost effective model with greater sustainability

Emergency Management reform provides an opportunity to be proactive and strategic in supporting our community and comes with responsibility and accountability. Risk-based emergency management planning is vital and considers people, property – especially critical infrastructure and the environment. CoGB will continue working in partnership with both internal and external stakeholders to build internal and community capability. Ensuring ongoing contribution and support from across the organisation will continue to enhance CoGB’s emergency management planning.

Attachments

1. Municipal Emergency Management Plan


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RECOMMENDATION

That Greater Bendigo City Council endorses the revised City of Greater Bendigo Municipal Emergency Management Plan (MEMP), produced pursuant to section 20(1) of the Emergency Management Act 1986.

Productivity/Sustainability - Reports Ordinary Meeting - 31 July 2013

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5. PRODUCTIVITY

Nil.

6. SUSTAINABILITY

Nil.

Good Governance and Decision Making - Reports Ordinary Meeting - 31 July 2013

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7. GOOD GOVERNANCE AND DECISION MAKING

7.1 CONTRACTS AWARDED UNDER DELEGATION


Author Leeanne Taig, Administration Assistant, Project Coordination Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

The purpose of this report is to provide information on contracts recently awarded under delegation.

Policy Context

Provide high quality professional services by undertaking responsible business planning to ensure long-term sustainability.

Report

The following contracts subject to public tender, have been issued under delegation by the officer as listed (Instrument of Delegation - August 5, 2009):

RECOMMENDATION

That the Contracts Award Under Delegation, as outlined in this report, be endorsed by Council.

Contract No

Project Successful Contractor

Value (GST Excl)

Delegated Officer

Date Signed

CT000002

Bulk Garbage Clearance from Transfer Station

SITA Australia Schedule of Rate

Darren Fuzzard 17 June 2013

CT000072

Shoulder Widening Sedgwick Road 2A

VH & HM Drechsler Pty Ltd

154,446.00 Richard Morrison

3 July 2013


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7.2 RECORD OF ASSEMBLIES


Author Peter Davies, Manager Executive Services Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.

Policy Context

The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.


The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed. A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors (5) and a

member of Council staff; or 2. an advisory committee of the Council where one or more Councillors are present. The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.


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Report

Meeting Information

Meeting Name/Type

Consultation Meeting

Meeting Date 8 July 2013

Matters discussed Planning application DR/229/2013 - extension to dwelling at 20 Sternberg Street, Kennington

Attendees/Apologies

Councillors Cr Helen Leach Apologies: Cr Mark Weragoda Cr Rod Campbell

Staff/ Community Representatives

Frank Casimir Chris Duckett Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor making disclosure Councillor left meeting

Nil

Meeting Information

Meeting Name/Type



Matters discussed Planning application DSD/12/2013 Construction of 22 dwellings (comprising a two-storey building of 14 one bedroom apartments and 8 three storey attached dwellings) subdivision of land and creation/alteration of a vehicular access at 171-173 High Street, Kangaroo Flat

Attendees/Apologies

Councillors Cr Elise Chapman Cr Barry Lyons Apology: Cr Rod Fyffe


Chris Duckett Applicant Objectors


Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil


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Meeting Information

Meeting Name/Type



Matters discussed Planning application DS/372/2013 - staged subdivision of the land into 6 lots at 216 North Harley Street, Strathdale

Attendees/Apologies

Councillors Cr Helen Leach Cr Mark Weragoda Apology: Cr Rod Campbell


Stephen Wainwright Applicant Objectors


Matter No.

Councillor making disclosure Councillor left meeting

Nil


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Meeting Information

Meeting Name/Type

Audit Committee

Meeting Date 30 May 2013

Matters discussed 1. Chief Executive Officer's report 2. Community Wellbeing Directorate update 3. Provision of in-home care assessments 4. Strategic Internal Audit Plan 2013-2016 5. Discussion of next review 6. Risk Register 7. External Audit update 8. Findings of the Victorian Auditor General's Report into Rating Practices in Local Government 9. Local Government Act 1989 - Amendments to come into effect on 1 July 2013

Attendees/Apologies

Councillors Cr Rod Campbell Cr Barry Lyons


Craig Niemann Marg Allan Travis Harling Nicole Ashby Janine Gould John Salter Pauline Gordon Maureen Tessier Bec Howell Rod Flavell Alana Cooper Pam Jenkins/ Kate Scarce Ken Belfrage Graham Bastian Mark Holloway


Matter No.


Nil


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Meeting Information

Meeting Name/Type Councillors' Forum

Meeting Date 26 June 2013

Matters discussed 1. 'Waste to Wages' documentary 2. Future management of mine water 3. Epsom Huntly Drainage Committee 4. Waste Strategy 5. Composting 6. NBN tower 7. Flooding of houses 8. Council Plan 9. Website search 10. Letters about synthetic cannabis 11. Food labelling 12. Council agendas 13. Major projects 14. Referendum 15. Major works under and over budget 16. Independent Review 17. Ewing Park 18. Defined Benefits Superannuation Liability Regional Forum 19. Consultation about Councillors' Workloads

Attendees/Apologies

Councillors Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams


Mr Craig Niemann Ms Prue Mansfield Ms Pauline Gordon Ms Rachel Lee Ms Marg Allan Mr Darren Fuzzard Mr Peter Davies Mrs Alison Campbell Apology: Mr Stan Liacos


Matter No. Councillor making disclosure Councillor left meeting Nil


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Meeting Information

Meeting Name/Type

Finance Committee Meeting

Meeting Date 27 June 2013

Matters discussed 1. Monthly Financial Report for May 2013 2. Financial Management Report 3. Capital Works Report

Attendees/Apologies

Councillors Cr Rod Fyffe Cr Peter Cox Cr Barry Lyons Cr Lisa Ruffell Cr Rod Campbell Cr James Williams Cr Helen Leach


Mr Craig Niemann Ms Marg Allan Mr Darren Fuzzard Mr Travis Harling Ms Nicole Ashby Mr Bradley Thomas Ms Kathy Spencer/ Mr Graham Bastian Mrs Alison Campbell


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Councillors' Forum


Matters discussed 1. Planning matters and draft Ordinary Meeting agenda Review 2. Rosalind Park Master Plan Steering Committee 3. Theft from building sites 4. Promotion in China 5. Application for evaporation ponds at Costerfield 6. Superannuation committee 7. Cable Reel Company 8. Planting of trees in nature strips 9. Constitutional Recognition of Local Government 10. Parking in View Street 11. Landfill cell lining 12. Workshop dates

Attendees/Apologies

Councillors Cr Lisa Ruffell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Apology: Cr Rod Campbell


Mr Craig Niemann Ms Prue Mansfield Ms Pauline Gordon Ms Rachel Lee Ms Marg Allan Mr Brett Martini Mr Peter Davies Apologies: Mr Darren Fuzzard Mr Stan Liacos


Matter No.


Nil


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Meeting Information

Meeting

Name/Type

Hearing and Consideration of Budget Submissions


Matters discussed Budget submissions

Attendees/Apologies

Councillors Cr Rod Fyffe (Chair)

Cr Elise Chapman

Cr Peter Cox

Cr Helen Leach

Cr Mark Weragoda

Cr James Williams

Apologies:

Cr Lisa Ruffell

Cr Rod Campbell

Cr Barry Lyons

Staff/

Community

Representatives

Mr Craig Niemann

Ms Marg Allan

Ms Pauline Gordon

Mr Brett Martini

Mr Peter Davies


Matter

No.

Councillor/representative making

disclosure

Councillor/representative

left meeting

Nil

RECOMMENDATION

That Council endorse the record of assemblies of Councillors as outlined in this report.


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8. URGENT BUSINESS

9. NOTICES OF MOTION

Nil.

10. COUNCILLORS' REPORTS

11. MAYOR'S REPORT

12. CHIEF EXECUTIVE OFFICER'S REPORT

13. CONFIDENTIAL (SECTION 89) REPORTS

Nil.


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