Council Meeting 4 September 2012

AGENDA

Ordinary Meeting of Council

6.00pm Tuesday September 4, 2012

*** Please note change of date ***

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

VENUE:Reception Room,Bendigo Town Hall, Hargreaves Street, Bendigo

NEXT MEETING:Wednesday September 26, 2012Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s Agendas & Minutescan be obtained online at www.bendigo.vic.gov.au

Council will realise its vision by setting strategic objectives, strategies and committing to annual actions within four Goal Areas:

Built and Natural Environment

Economic Development

Community and Culture

Our People, Our Processes

VisionGREATER BENDIGO will be the best place to live work and visit, where: growth and living standards are managed to

sustain and enhance quality of life a regional culture of learning, creativity and

innovation allows people to flourish its rich natural and cultural heritage is

conserved for today and tomorrow resilience, local spirit and identity are

proudly celebrated.

ValuesCouncil will achieve its vision by working with the community and business, displaying leadership in its decision-making, operating in an open manner and basing decisions on sound information.

Goal Areas

ORDINARY MEETING

TUESDAY 4 SEPTEMBER 2012

ORDER OF BUSINESS:

ACKNOWLEDGEMENT OF COUNTRY........................................................................3

PRAYER........................................................................................................................3

PRESENT......................................................................................................................3

APOLOGIES..................................................................................................................3

SUSPENSION OF STANDING ORDERS .....................................................................3

PUBLIC QUESTION TIME ............................................................................................3

RESUMPTION OF STANDING ORDERS .....................................................................4

DECLARATIONS OF CONFLICT OF INTEREST .........................................................5

CONFIRMATION OF MINUTES....................................................................................6

1. PETITIONS AND JOINT LETTERS........................................................................6

2. BUILT AND NATURAL ENVIRONMENT................................................................7

2.1 RESPONSE TO PETITION: DR HARRY LITTLE PRESCHOOL ....................7

2.2 EAGLEHAWK STRUCTURE PLAN ..............................................................12

2.3 REVISED COMMUNITY PLANS: GOORNONG & DISTRICT - HEATHCOTE &

DISTRICT - WOODVALE & DISTRICT .......................................................................27

2.4 GREATER BENDIGO PLANNING SCHEME AMENDMENT C164 - REZONING

OF THE EAGLEHAWK CVGT SITE TO INDUSTRIAL 3 ZONE, APPLY THE DESIGN

& DEVELOPMENT AND ENVIRONMENTAL AUDIT OVERLAYS - CONSIDERATION

OF REQUEST FOR MINISTERIAL AUTHORISATION & EXHIBITION OF

AMENDMENT..............................................................................................................34

2.5 BENDIGO'S LANDSCAPES - BIG HILL AND MANDURANG VALLEY

LANDSCAPE ASSESSMENT......................................................................................44

2.6 AMENDED PLANS AND PERMIT FOR KENNINGTON VILLAGE

DEVELOPMENT - USE LAND FOR OFFICES, SHOPS, FOOD AND DRINK

PREMISES, SIGNAGE, CREATION OF ACCESS, REMOVAL OF VEGETATION,

PARTIAL WAIVER CAR PARKING - 150-158 CONDON STREET, STRATHDALE ...52

2.7 2 LOT SUBDIVISION - 4 ALPACA COURT, KANGAROO FLAT......................65

2.8 SUBDIVIDE LAND INTO 2 LOTS - 1088 MCIVOR HIGHWAY, JUNORTOUN ....

..........................................................................................................................74

2.9 GREATER BENDIGO PLANNING SCHEME AMENDMENT C166 PART 2 -

ANOMALY AMENDMENT - 401-405 HIGH STREET GOLDEN SQUARE - ADOPTION

OF AMENDMENT FOLLOWING PANEL REPORT.....................................................84

2.10 SUBDIVIDE LAND INTO 2 LOTS - 8 NANKOOR STREET, GOLDEN SQUARE.

..........................................................................................................................90

2.12 CONSTRUCTION OF 26 DWELLINGS AND SUBDIVISION WITH COMMON

PROPERTY - 443-445 HIGH ST & 110-110A PANTON STREET, GOLDEN SQUARE .

..........................................................................................................................99

2.13 BUILDINGS AND WORKS FOR ALTERATIONS AND EXTENSION TO AN

EXISTING BUILDING, ADVERTISING SIGNAGE, REMOVAL OF NATIVE

VEGETATION, CONSIDERATION OF CAR PARKING PROVISION AND

REDUCTION IN BICYCLE FACILITIES - 263-265 HIGH STREET, KANGAROO FLAT.

........................................................................................................................122

3. ECONOMIC DEVELOPMENT............................................................................139

4. COMMUNITY AND CULTURE...........................................................................140

4.1 MUNICIPAL PUBLIC HEALTH AND WELLBEING PLAN...............................140

4.2 INAUGURAL BENDIGO WRITERS FESTIVAL - POST EVENT SUMMARY .146

4.3 BENDIGO LIBRARY REDEVELOPMENT - CONSTRUCTION TENDER.......152

5. OUR PEOPLE, OUR PROCESSES ...................................................................164

5.1 DEFINED BENEFITS SUPERANNUATION LIABILITY ..................................164

5.2 PROVISION OF LOAN BORROWINGS .........................................................173

5.3 FINANCIAL STATEMENTS, PERFORMANCE STATEMENTS AND

STANDARD STATEMENTS FOR THE FINANCIAL YEAR 2010/2011 .....................175

5.4 RECORD OF ASSEMBLIES...........................................................................178

5.5 REVIEW OF BROADCASTING OF COUNCIL MEETINGS BY PHOENIX FM.....

........................................................................................................................184

5.6 ACCOUNTS PAYABLE AND CONTRACTS AWARDED UNDER DELEGATION

........................................................................................................................188

6. URGENT BUSINESS .........................................................................................190

7. NOTICES OF MOTION ......................................................................................190

8. COUNCILLORS' REPORTS...............................................................................190

9. MAYOR'S REPORT ...........................................................................................190

10. CHIEF EXECUTIVE OFFICER'S REPORT ....................................................190

11. CONFIDENTIAL (SECTION 89) REPORTS ...................................................190

____________________________

CRAIG NIEMANNCHIEF EXECUTIVE OFFICER

Ordinary Meeting - 04 September 2012

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the recognition of Latrobe University Award Recipients and the conduct of Public Question Time.

PUBLIC QUESTION TIME

Public Question Time Guidelines

Public Question Time – PurposeCouncil 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 WhoThe 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 QuestionsEach 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.


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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 August 15, 2012.

The following items were considered at the Ordinary Council meeting held on Wednesday August 15, 2012 at 6:00pm.

Petition: Request for Speed Humps in Bobs Street, White Hills Four Lot Subdivision and Construction of Four Dwellings - 7 Michael Street,

Kennington Subdivision of Land into 15 Lots and the Removal of Native Vegetation - 53-67

Specimen Hill Road, Golden Square Subdivision of Land into Seven Lots and Use and Develop the Land for Six

Dwellings - 942 Wellington Street, Strathfieldsaye Amendment C169 - Bendigo CBD Car Parking Strategy Waste and Resource Management Strategy - Progress Report Use and Development of Land for a Place of Assembly (Theatre) and Education

Centre, Reduction of Car Parking Requirements and Provision of Car Parking Off Site - 10-20 Gaol Road, Bendigo and Part CA14 Section 89C Parish of Sandhurst

Revised Plans - Construction of One 2 Storey Dwelling, Three 3 Storey Dwellings and a Four Lot Subdivision - 232 View Street, Bendigo

Grace Kelly: Style Icon Post Event Summary and Evaluation Bendigo Airport Redevelopment Update Council Plan Quarterly Report July 2012 Violence Prevention Plan 2012-2015 Women Showing The Way Forum Community Facilities Funding Program - Major Facilities Record of Assemblies Better Procurement Process through Delegation Notice of Motion - Differential Rate for Retirement Villages Notice of Motion - Minor Sports

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 August 15, 2012, as circulated, be taken as read and confirmed.

1. PETITIONS AND JOINT LETTERS

Nil.

Built and Natural Environment - Reports Ordinary Meeting - 04 September 2012

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2. BUILT AND NATURAL ENVIRONMENT

2.1 RESPONSE TO PETITION: DR HARRY LITTLE PRESCHOOL

Document Information

Author Andrew Smith, Senior Design and Traffic Engineer

Responsible Darren Fuzzard, Director Presentation and AssetsDirector

Summary/Purpose

The purpose of the report is to respond to the petition presented to Council on 4 July2012 from parents and committee of the Dr Harry Little Preschool.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2009–2013 (updated 2012)

Built and Natural Environment

Strategy 1.12 Develop a sustainable integrated transport network.

Background Information

The following petition has been received from the parents and committee for the Dr Harry Little Preschool as outlined below:

"The Parents and Committee at Dr Harry Little Preschool (DHLP) request an immediate review of car parking spaces directly outside the centre. The current level of car parking spaces is inadequate and unsafe for children and their families. DHLP request a change from the current parallel parking to Angle and Restricted Parking (Pick Up and Drop Off Zones) directly outside the Preschool".

Signatures - 91

Previous Council Decision(s) Date(s):

At the Council meeting on 4 July 2012, a motion was passed that a report be prepared within two meetings.


PAGE 8

Report

As part of the petition submission, a plan was included that indicated the conversion of 6 parallel bays into 11 x 45º angle bays. An investigation of this was undertaken and a concept plan developed.

Due to the alignment of the kerb at the intersection of Barkly Street and the required deflection of traffic lanes, the full extent of the change indicated in the submission is not possible without significantly altering the intersection. However, it is physically possible to convert 4 of the parallel parking bays to 8 x 60º parking bays. This would involve the realignment of the existing traffic lanes and bike lanes (refer plan below).


PAGE 9

Due to the realignment however, it would be very difficult to see cars and cyclists approaching from Barnard Street when reversing out of the angle parking bays. To make the angle parking safe, relocation of the islands in View Street on both sides of Barnard Street would be required. This would cost approximately $200,000, as it would require the relocation of a number of traffic lights, light poles and kerbs. DHLP was advised of the cost involved and a contribution of up to $10,000 could be made.

The petition also requests relocating the bus bay to create more parking closer to DHLP. Generally, bus bays are located opposite each other so that bus users can get on and off at the same location. While it could be moved up the hill slightly, this would only make 3 parking bays 20m closer to the preschool. Footpaths in the area service the current parking bays, so there is considered to be little benefit in moving the 3 parking bays 20m closer to the preschool.

The proposal as submitted is therefore not supported.

Options/Alternatives:

The following alternative has been developed in an attempt to provide a cost effective solution to the request.

1. 3 additional parallel parking bays can be added to the bottom of the existing parking in View Street (in front of 202 Barnard Street).

2. Convert the 6 existing 1.5 hour parking bays in front of DHLP to 30 minutes. Discussions with DHLP Committee of Management have indicated that it would be beneficial for drop offs if these were converted to a 30 minute time limit to discourage drivers that don’t have business at DHLP from using them. The 30 minute limit would need to apply between 8.00am and 5.00pm as DHLP has multiple sessions in a day.

3. The 4 existing and 3 proposed bays between DHLP and Barnard Street be made 30 minute bays between 8.00am and 5.00pm.

4. Where further need for all day parking arises as a result of the above, investigate the opportunity to convert the 3 parallel parking bays to 6 x 60º angle parking bays in front of 238 View Street.

This proposal is summarised in the following plan:


PAGE 10

Discussions have taken place with members of DHLP Committee of Management regarding this alternative. The members indicated that they do not support any option that does not provide angle parking in front of the preschool.

Resource Implications

Linemarking changes to create 3 additional parking bays beside 202 Barnard Street -$200.

Changes to parking signs for 30 minute limit - $300.

Conclusion

To reconfigure View Street as requested is not considered appropriate due to the poor alignment created and/or the significant cost to address this.


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The parking layout proposed by officers provides a safe and cost effective alternative that could be readily introduced to attempt to address the needs of the preschool.

RECOMMENDATION

That after considering the petitioners’ suggestions, it is recommended that Council:

1. Endorse adding 3 parallel parking bays beside 202 Barnard Street.

2. Endorse changing the time limit of the 6 bays in front of DHLP from 1.5 hours to 30 minutes between the hours of 8.00am and 5.00pm and making the 4 existing and 3 proposed bays between DHLP and Barnard Street 30 minute bays between 8.00am and 5.00pm.

3. Notify the submitters of the petition of Council's decision.


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2.2 EAGLEHAWK STRUCTURE PLAN


Author Mark Stubbs, Senior Strategic Planner

Responsible Prue Mansfield, Planning and DevelopmentDirector

Summary/Purpose

This report explains the process undertaken to prepare the Eaglehawk Structure Plan and focuses on the recent public display of the Draft Plan, including public submissions received and responses to the associated community survey. The report recommends that Council adopts the Eaglehawk Structure Plan, subject to a number of changes as outlined in this report.

Policy Context


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 has been completed within a broadly two-stage process over a period of approximately fifteen months. Commencing in late May 2011, Stage 1 of the project entailed research and field investigations covering a range of issues pertinent to the preparation of a Structure Plan. A local consultant team was assembled for this task, which culminated in October 2011 with the preparation of a series of comprehensive Background Papers.

A Steering Group to provide oversight to the project was assembled in Stage 1, the membership of which was later expanded prior to commencing Stage 2. In addition, a Reference Group, based on the existing Eaglehawk Business and Community Network 3556 (BCN3556), was engaged in the project.


PAGE 13

In December 2011, Stage 2A began the task of formulating a vision for Eaglehawk in collaboration with its community, and exploring with them some of the issues and ideas that the Plan could address. These ideas were documented and successfully tested on exhibition in a public display and engagement event held in February 2012. Stage 2B of the project also commenced at this time and was to focus on the drafting of Structure Plan itself. A specialist planning consultant team from Hansen Partnership Pty Ltd developed the initial Vision and Concept Structure Plan based on earlier inputs and plans and through applying an ‘enquiry by design’ model. This was a precursor to the Draft Structure Plan that was prepared over the course of April and May 2012 and subsequently placed on public display over June and July 2012.

Previous Council Decision Date:

13 June 2012 (endorsement of the Draft Eaglehawk Structure Plan for public display).

Priority/Importance:

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

Report

Summary of the Eaglehawk Structure Plan

The Eaglehawk Structure Plan has been prepared for the purpose of guiding the major changes to land use, built form and the public realm in Eaglehawk over the next 20-30 years. The Plan has the task to respond to a wide range of quite complex local planning issues, though it has the capacity to influence some of these more than others. Therefore, in the interest of being both effective and efficient, especially from a future costs and resourcing perspective, the Plan purposefully focuses on a limited selection of ‘bigger picture’ initiatives, supported by a wider range of smaller-scale and incremental actions.

These actions work together in the interest of a future vision for Eaglehawk that is reasonably ambitious but most importantly seeks to that deliver the widest possible community benefit over the life of the Plan. Of note also is that the Plan builds on a number of existing plans and strategies (e.g. Eaglehawk Township Strategy and Postcode 3556 Eaglehawk and District Community Plan) and so is both a catalyst for refining and advancing previous ideas as well as generating new initiatives. The organisational structure of the Plan is broadly as follows:

Sections 1 and 2: An introductory explanation of the purpose of the Plan and the process of its formulation;

Section 3: Several thematic plans and corresponding strategic directions for the wider Eaglehawk township;

Section 4: A plan and corresponding concepts for the Town Centre;


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Section 5: Precinct concept plans showing the conceptual design for organising possible changes and improvements in three important precincts of Eaglehawk (Railway Station, Brassey Square, Southern Industrial Area and Gateway); and

Section 6: An implementation plan (Planning Scheme changes and policy development as well as various non-statutory actions such as master planning and capital projects).

The following two sections of this report highlight the strategic directions and concepts which relate to Township and to the Town Centre respectively.

Wider Eaglehawk Township Strategic Directions

Nine strategic directions underpin the Plan for the wider Eaglehawk Township. These directions, which are listed below, each have a quite comprehensive range of corresponding strategies, as detailed in Section 3 of the Plan and represented across several corresponding Plans.

1. Connect and enhance existing green spaces within and through the township;

2. Carefully manage former mining sites as they transition over time;

3. Control subdivision of the town's north and western areas affected by fire risk;

4. Improve interfaces between residential areas, open spaces and industrial development;

5. Enhance access to and through the Eaglehawk Township;

6. Grow the local employment potential of the Eaglehawk Township;

7. Support diverse and high quality new residential development within Eaglehawk;

8. Create a civic and community hub and provide other informal spaces for social interaction; and

9. Investigate ways of marking the entries to Eaglehawk and its Town Centre.

Town Centre Concepts

The Town Centre is the where most of Eaglehawk’s activity takes place and where there is the greatest complexity and potential for change. This complexity is reflected by the fifteen concepts which make up the plan for the Town Centre, as summarised below in Table 1, and which are detailed in Section 4 of the Plan:

Table 1. Town Centre Concepts

1. Town centre consolidation 2. Centre gateways and entries

3. Main streets public realm and interfaces

4. The High Street built form

5. Retail growth opportunities 6. A civic and community hub

7. Canterbury Gardens enhancements

8. A new urban place at Brassey Square

9. Cross-town green links 10. A safe pedestrian environment


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11. Public transport integration 12. Green streets connections

13. Junction treatments along High Street

14. Main streets amenities

15. Improved laneway connections and parking

The Process to Prepare the Structure Plan

The Plan represents the culmination of an ongoing process of community and stakeholder engagement and collaboration, connected to various stages of research, planning documentation and review, as summarised in Table 2 below.

Table 2. Sequence of Community Engagement and Documentation Leading to the Draft Structure Plan

Activity Purpose Participation Date Background research engagement

Broad liaison to document a comprehensive range of planning issues for Eaglehawk.

Various agencies and Non-Government Organisations (NGOs)

July-Sept 2011

Eaglehawk Structure Plan Background Reports

A series of technical papers providing summary of existing conditions for a wide range of issues to be considered by the Plan.

Various agencies and NGOs, CoGB

Oct 2011

Presentation to Council Forum

Project update and overview of Background Papers.

Council, CoGB Executive

9 Nov 2011

Presentation to BCN3556 Meeting

Project update and overview of Background Papers.

BCN3556 7 Feb 2012

Visioning workshops (afternoon and evening)

Generate a vision for Eaglehawk and identify ideas for the future.

Residents (20) 6 Dec 2011

Developing the Community Concepts Workshop

Refine the community concepts for public display.

Steering Group 19 Dec 2011


Project update. BCN3556 7 Feb 2012

Initial Concepts and Ideas Plans

Preliminary plans illustrating the concepts and ideas of the local community to inform the Structure Plan.

Residents, BCN3556, CoGB

Feb 2012

Community Breakfast ‘Have Your Say’

Community feedback and voting on initial concept plans.

Residents (40) 17 Feb 2012

‘Have Your Say’ Street Display and BBQ

Community feedback and voting on initial concept plans.

Residents (250+) 18 Feb 2012

Vision and Concept Structure Plan Workshops

Refinement of key issues and ambitions building on existing work.

Steering Group, Agencies, BCN3556 members

7-9 Mar 2012


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Activity Purpose Participation Date Follow-up circulation for comment.

Vision and Concept Structure Plan

The vision and conceptual framework for the Structure Plan.

Agencies, BCN3556, CoGB

Mar 2012


Project update and overview of Vision and Concept Structure Plan.

BCN3556 3 Apr 2012

Presentation to Council Forum

Project update and overview of Vision and Concept Structure Plan.


4 Apr 2012

Draft Structure Plan Briefing

Briefing on the Plan and opportunity to give feedback.Follow-up circulation for comment.

Steering Group, Agencies, BCN3556 members

10 May 2012

Draft Eaglehawk Structure Plan

The draft version of the detailed Structure Plan, building on the Vision and Concept Structure Plan.

Agencies, BCN3556, CoGB

May 2012

Public Display of the Draft Structure Plan. Receive submissions and community survey responses.

Opportunity for the Draft Structure Plan to be available to the public and to Agencies for review, comment and submissions.

Agencies, Community Groups, Residents

14 Jun - 16 Jul 2012

BCN3556 Meeting Project update and distribution of the DraftStructure Plan.

BCN3556 5 Jun2012

‘Have Your Say’ Street Display and BBQ

Community feedback on the Draft Structure Plan.

Residents (100+) 30 Jun2012

Steering Group meeting Review of submissions. Steering Group 18 Jul 2012

Final Council Report and Meeting

Adoption of the Structure Plan.


15 Aug 2012

Public Display of the Draft Plan

Initial community ideas for the Structure Plan were generated at workshops in early December 2011, held at the Eaglehawk Town Hall. These were translated into concept plans for viewing, comment and voting by the wider Eaglehawk community in the New Year. Over 250 people participated in events at the Eaglehawk IGA and the Our Shed Community Breakfast in mid-February. Most of the ideas presented received predominantly positive feedback from participants. The consultation process has generated a strong level of community input to the early stages of the Structure Plan and a quite high level of community awareness of this initiative.


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Display Event

A CoGB-staffed display of the Draft Eaglehawk Structure Plan was held on Saturday 30 June outside the Eaglehawk IGA Supermarket in busy Victoria Street from 9am-2pm. A community BBQ was held as part of the event, staffed by Bendigo Braves under-14s basketball team. The purpose of the display was to provide the opportunity for community participants to interact with CoGB staff about the Structure Plan, to ask questions and offer their own views. The response from over 100 participants was generally positive with an emphasis on clarifications about particular aspects of the Plan. Some constructive opposition to certain initiatives was also highlighted, most notable of which is the proposal to close the Sailor’s Gully Road to through-traffic as part of wider changes to the Brassey Square precinct.

Community Survey

Approximately 4,000 surveys were distributed to residents within the area to which the Structure Plan applies. The survey was distributed as a printed insert to the community bulletin summarising the Draft Structure Plan. Access to the survey was also available online.

The response rate to the survey was less than 1%, with 35 surveys returned. This is considered to be a measure not of disinterest in the Draft Structure Plan, but rather of aconsiderable degree of community satisfaction with the Plan. Selected highlights of the survey responses are given in Table 3 below.

QuestionAspects of Plan most liked / agreed with?

Additional areas for business development / expansion in the town centre (22 responses)

Eaglehawk Railway Station changes (18)

Additional areas for development of industry (17)

Aspects of Plan most disliked / not agreed with?

Brassey Square changes (13 responses)

Residential development (infill) around the town centre (12)

Three most important priorities for action?

Additional areas for business development / expansion in the town centre (16 responses)

Additional areas for development of industry (15)

Improvements at the Eaglehawk and Town Centre entries (13)

Consideration of Public Submissions

A total of twelve (12) written submissions were received during the public display period. Appendix A contains a summary of each submission, as well as a corresponding recommendation for any consequential changes to the Structure Plan. Recommendations were formulated by the project Steering Group, following a meeting to review submissions held on 18 July 2012.

Most submissions have instigated some change to the Plan, however where no change has been recommended, an explanatory note is provided. Submissions received from private individuals are not identified by name for privacy reasons.


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The version of the Eaglehawk Structure Plan presented to Council for adoption contains the above table (as Appendix 2). This information is included in the Structure Plan for transparency in documenting and tracking changes to the document.

Plan Implementation

The Structure Plan is the catalyst for further action to progress and deliver its vision and intent. Section 6 of the Plan contains an implementation schedule which sets out a range of statutory and non-statutory actions to be carried out over time by the City of Greater Bendigo in conjunction with other agencies and community stakeholders.

Internal coordination has been carried out in relation to the implementation aspects of the Plan to ensure that there is general agreement on the scope, timing and responsibilities linked to the stated actions.

The overall timeline for implementation is substantial, being 20+ years. Individual actions are noted generally according to the following timeframes:

Short term (1 - 5 years)Medium term (5 - 15 years)Long term (15+ years)

The actions listed in the schedule represent the need for considerable future allocations of funding and resources by Council. Certain actions may also entail resource contributions by other agencies. These actions are indicative and will be subject to further development, direction and funding allocation by Council, tested against all other Council priorities and work to be done.

Overview of Next Steps

Following adoption of the Eaglehawk Structure Plan by Council, the community will be advised of this decision, including a media release and update of the project webpage on the CoGB website.

Specific communications will be made with submitters on the outcome of their submission, as well as with the project Reference Group (BCN3556). Copies of the adopted Eaglehawk Structure Plan will be produced and made available at local venues as well as at CoGB offices. A final community bulletin will be prepared and made available at local venues as well as on the CoGB website and via the new Eaglehawk3556 website.

Conclusion

The creation of the Eaglehawk Structure Plan has been iterative and progressive over the life of the project. Drawing initially on community ideas of a future vision and considerable background research, interim plans were prepared at subsequent stages with corresponding opportunities for community and agency participation to allow theplans to be tested and refined.


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The most recent step to test the Draft Eaglehawk Structure Plan was a public display process which generated a small number of submissions and has resulted in several recommendations to adjust or clarify aspects of the Plan. Responses to the community survey about the Plan have provided some additional initial insight into the community opinion.

The overall result of the planning process is a Structure Plan which is considered to be quite strongly aligned to community and agency interests. There is a widespread general awareness of the Plan within the Eaglehawk community has also resulted.

Because plans create expectations, the implementation aspects of the Structure Plan have been considered and documented carefully through a process of internal review. The adoption of the Eaglehawk Structure Plan by Council will represent not only an endorsement of a long-term coordinated plan for the land use, built form and public realm aspects of the Eaglehawk community, but also a commitment by the City of Greater Bendigo to the implementation of this Plan through the progressive delivery of actions in conjunction with other agencies and community-based stakeholders.


The total project budget for the Eaglehawk Structure Plan was $140,000. Stage 1 was completed at a cost of $60,000. The balance funds of $80,000 were expended to complete Stage 2 (Parts A and B).

Additional funds will be required to fund a future Planning Scheme Amendment (Stage 3), which is identified as a short term (2012-2016) action in the implementation schedule of the Structure Plan.

Attachments

Draft Structure Plan

RECOMMENDATION

That the Greater Bendigo City Council resolves to:

1. Adopt the Eaglehawk Structure Plan incorporating the changes outlined in this report.

2. Advise submitters of this decision and of the responses to individual submissions.


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Appendix A

Submitter Submission Summary Response and Recommendation

1

(Eaglehawk & District Tennis Association)

1. Would like to see the implementation of the Albert Roy Reserve master plan included.

1. This is already included as an action within the document.

Recommendation: No change to the Plan.

2

(EPA)

1. All issued have been raised and no comment required.

1. Acknowledged.


3

(Resident)

1. Supports document however feels additional mention could be made of the opportunities associated with the new hospital and the proximity to the rural convention centre.

1. These suggestions are valid and are acknowledged. However the connection to Eaglehawk is not as clear in these cases as it for the opportunities currently identified in the Plan.


4

(CFA)

1. The CFA would like the following references included: "Ensure compliance with the following: a. State Planning Policy Framework - Clause 13.05; b. Bushfire Management Overlay - Clause 44.06; c. Bushfire Protection -Clause 52.47."

1. While the intent of this submission is supported, it is considered that, because policy clauses in the Greater Bendigo Planning Scheme may change over, and consequentially require a corresponding change to the Plan if such policy clauses are referenced. As an alternative, it is proposed that an additional dot point that states “Ensure compliance with all relevant state and local policy relating to bushfires” is more appropriate.

Recommendation: Include a dot point in Section 3.3 of the Plan stating a requirement to “Ensure compliance with all relevant State and Local policy relating to bushfires”.


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5

(Resident)

1. Overall support for the plan.

2. Would like to see existing heritage overlays reflected in the plan.

3. Would also like to see large individual tree listed on the heritage register notated in the plans.

1. Acknowledged.

2. The existing heritage overlays and individual heritage buildings are identified on the ‘image identity and culture plan’ included within the document.

3. Identifying individual trees is a level of detail which is not appropriate within a Structure Plan.



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6

(DoT)

1. Identifies that key public transport issues have been resolved through the structure planning process.

2. Identified two additional on-road cycle links to be shown.

3. Identifies that the intersection of Bracewell Street and Upper California Gully Road will need to be upgraded as Maiden Gully develops.

4. Identifies some minor changes to wording and road names.

5. Identifies that tree planting in arterial road reserves will need VicRoads approval.

6. Requests minor modification to the wording of the implementation table.

1. Noted.

2. Additional cycle links will be added to the Plan and minor changes to road names will be updated.

3. The need to upgrade the Bracewell Street intersection is acknowledged in the Plan (refer strategic direction #5 [second dot point] and the ‘Southern Industrial Gateway Precinct Concept Plan’).

4. Amended.

5. The need for involvement by VicRoads in the planning of street tree planting is acknowledged within the implementation table.

6. Amended.

Recommendation: Include additional cycle links in Figure 8 ‘Access and Movement’ of the Plan.


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7

(Resident)

1. Supports to the plan on the whole.

2. Has concerns regarding the closure of Sailor Gully Road at the Brassey Square area and the ‘concept plan’ identified in the plan for the following reasons:

3. Feels the size of the space is too large for the needs of the Eaglehawk community

4. Is concerned the passive surveillance of the spaces around Sailors Gully may be reduced if the road is closed

5. Is concerned that closure of this road will reduce connectivity of the northern portion of the residential areas to the town centre.

1. Acknowledged.

2. The Brassey Square Precinct Concept Plan is included in the Structure Plan to illustrate conceptual ideas and possibilities only. The precinct is subject to a future master planning process which will consider matter such as road access in greater detail. To clarify this process, the ‘Access and Movement’ plan (refer Figure 8) will be amended to state that the closure of Sailors Gully Road is identified only as ‘potential’.

3. The scale of the space is a critical consideration which will be made at the time of the master plan, in conjunction with a more specific assessment of how the space might function and be used.

4. This point is acknowledged and any more detailed plan would need to address this.

5. At a strategic level, strong north-south connectivity will be maintained by Darling Street as the alternate arterial route for vehicles. It is granted that the route is somewhat less direct than Sailors Gully Road and so will likely result in a small increment of additional travel time. At the same time, such a change to access conditions will increase connectivity for pedestrians and cyclists as well as create the potential for greater amenity and activity in this important precinct.

Recommendation: Amend Figure 8 ‘Access and Movement’ to denote Sailors Gully Road as a ‘potential road closure’.


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8

(Neangar Park Golf Club)

1. Requests that the important community role the course plays is acknowledged.

2. Requests that an additional parcel of land (within the golf course curtilage) be identified for residential infill.

1. The important role of the Club as a community facility and destination within Eaglehawk is acknowledged in the Plan by its identification as a core element of the ‘green link’ within Eaglehawk.

2. Given the current zoning and preliminary nature of any development. Identification of a particular site within the golf course for residential infill It is not considered that any elements of the plan would compromise the development of this land for residential purposes and the development of high quality residential development adjoining green spaces is supported under strategic direction # 4.

9

(CVGT)

1. Is seeking a rezoning of land which has been supported in principle by Council and would like to see the proposed new use of the land reflected in the plan.

2. Would also like to see the rezoning added to the implementation table.

1. In light of identified Council support it is agreed that it would not be appropriate to identify this land as an ‘education’ use and therefore this will be removed. Given the likely rezoning the parcel will be identified as ‘industrial’ on the ‘land use’ plan, however, the rezoning of this land is not an action which is required to implement the aims of the plan and it is therefore not appropriate to add this to the implementation table.

2. Further it is noted that any development of this parcel of land for industrial uses has the potential to affect the adjoining public open space (Albert Roy Reserve) and the interface with this public land will need to be carefully managed. As such, it is considered that, if the land is to be identified as ‘industrial’ within the plan, that an additional dot point and action identifying the need for design controls to be development for this site should also be included.


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10

(Albert Roy Reserve Users Group)

1. Consider that any new parkland on the landfill site will reiterate the importance of the Albert Roy Reserve within the ‘green link’.

2. Do not support any expansion of the Enterprise Centre into the reserve.

3. Support the preparation of a master plan for Albert Roy Reserve.

4. Consider the landscaping buffer shown on the ‘concept plan’ to be too large.

1. Acknowledged.

2. Expansion was identified within the initial stages of this project and has not been supported through the structure plan.

3. Acknowledged.

4. As identified above, this buffer, as part of the ‘concept plan is indicative only and any master plan will provide more specific direction as to the appropriate extent of the buffer.

11

Future Employment Opportunities Inc (FEO)

1. Concern with the Railway Station Concept, in particular, the impact on the FEO’s current training facilities on the site.

1. The important work that FEO undertakes on site and the value of this work to the Eaglehawk community is acknowledged. It is noted that the plan as proposed is a ‘concept’ only and the presence of FEO within the precinct is one of a number of matters which will need to be carefully considered through a more detailed master planningprocess following adoption of the Eaglehawk Structure Plan. The continued presence in the precinct of a mix of uses (including training) as it transitions over time to a transit hub is supported by the plan. Any master planning process will include a comprehensive program of consultation, including with FEO to work though these matters in more detail.


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12

(Resident)

1. Very supportive of the Plan.

2. Consider referring Plan for comment by Bicycle Victoria and Victoria Walks.

3. Opportunity to make Bendigo-Pyramid Road, north of Eaglehawk, safer for cyclists so that they can access recreation and tourist activities in northern areas such as Woodvale.

4. Opportunity for off-lead dog exercise area within public land along the Bendigo-Pyramid Road.

5. Signs for tourists on the main Eaglehawk intersection showing walking paths and attractions, etc.

1. Acknowledged.

2. These are appropriate suggestions for input, which although not taken to date, should be considered as part of future planning in Eaglehawk related to cycling and walking, as identified in the implementation schedule.

3. A shared walking/cycling trail within the Regional Park along the Bendigo-Pyramid Road provides a good recreation connection from Eaglehawk to Woodvale. There may be future opportunities for path upgrades or extensions (further north), however these are beyond the scope of the Plan.

4. The Regional Park is designated for on-lead dogs only. This opportunity is best considered by Parks Victoria as part of the Plan of Management for Park.

5. The signage strategy identified in the implementation schedule of the Plan will consider tourism signing opportunities.


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2.3 REVISED COMMUNITY PLANS: GOORNONG & DISTRICT - HEATHCOTE & DISTRICT - WOODVALE & DISTRICT


Author Lyn Talbot, Corporate and Community Planner

Responsible Prue Mansfield, Director Planning and DevelopmentDirector

Summary/Purpose

To advise Council of the revision of the following community Plans:- Goornong and District- Heathcote and District- Woodvale and District

Policy Context


Review and renewal of the Small Town Community Plans relates to the annual action from the Council Plan 2009-2013 (Updated 2012) to ‘Support the preparation, implementation, evaluation and review of Small Town and Neighbourhood Community Plans’. This action falls under the strategy ‘use meaningful and effective communication and engagement with all sectors of the community as an input to decision-making’ and sits within the Goal Area of 'Community and Culture'.

Community Plans provide an important form of engagement in the various communities and a strong connection between the City of Greater Bendigo and those communities.

In the past, each new or revised community plan has been endorsed by Council to be used as a primary document of advice regarding identified community priorities, and with regards potential funding opportunities.

Regular review of a community plan provides an important opportunity to bring community members together to reflect on what has been achieved, what is yet to be done, and whether the current plan still reflects their priorities.


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Greater Bendigo 2036:

Council made a strong commitment in 2005 to support the development of community plans, including the Greater Bendigo +25 Community Plan which set a long-term agenda for the whole municipality. The Greater Bendigo 2036 community plan was completed in 2011, and it represents a long-term (25 year) vision by the community. One recommendation in that plan was to ensure that local community plans continued to have significance and resonance in various Council discussion forums. Greater Bendigo 2036 identifies a community priority to "Plan strategically to foster community inclusiveness" and “Provide genuine opportunities for public input into locality plans before they are finalised, to overcome the perception of tokenism”. The 2036 Community Plan is referred to in the current Council Plan as a major document providing input into the yearly revision.


Following the development of the over-arching Greater Bendigo +25 Community Plan in 2005 a process was commenced to support each of the eleven small towns to develop their own community plan with a shorter time-frame. State Government funding support for the +25 initiative hasn’t been continued, but the City has continued to endorse the provision of resources for plan preparation and implementation.

It is a normal cycle that plans need review and renewal periodically, perhaps when some of the aims have been achieved, or others are no longer priorities for the community. This review process provides an opportunity to look back and celebrate what has been achieved, and to look forward to what can be achieved together in the future.

Many small towns are challenged by the need to maintain their local services and facilities and ensure the viability of their local groups and organisations. In the original Goornong and Heathcote Community Plans the goals were numerous and, in retrospect, too ambitious, for the capacity of the local communities to achieve. Over time the plans lost relevance to many community members and the goals seemed unachievable. Both of these communities expressed a wish for a simpler, shorter-term, more achievable plan, and this wish has informed the development of the new plans. The Woodvale Plan was always fairly simple in its aims in reference to the small community and limited capacity, and this revision has involved only minor changes to that plan.

Working together across the whole community means the workload can be shared and is less onerous. The goals set by the communities are designed to give clear guidance on local preferences and priorities when it comes to Council or other organisations allocating development funds.

Each community plan is summarised in separately in the following section.

Report

The revised Goornong & District Community Plan

Priorities identified by the community include:


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1 Infrastructure, Industry and Economic Development Advocate for improved access to infrastructure, technology and services to

Goornong residents2. Promote areas in and around Goornong as venues for tourists and local

visitors Publicise and further develop facilities to promote and encourage visitors to stay

3. Preserve the Natural Environment Beautify and plant trees in selected central localities

4. Maintain existing facilities and develop additional opportunities for Sports, Recreation and Leisure Maintain and upgrade existing recreation and sporting facilities that are fully

utilised Develop and/or maintain opportunities for local events and celebrations that bring

the community together

5. Health, wellbeing and community services Support local activities and programs which build communication, wellbeing and

health

6. Education support Support existing education opportunities by enhancing facilities and broadening

knowledge about environmental issues.

The revised Heathcote & District Community Plan


1. Arts, Culture, History and Events Develop existing events further and /or create new events and opportunities to

bring community members together Promote opportunities for community members and visitors to explore and

participate in artistic activities Promote opportunities for community members and visitors to explore and

participate in performance art Foster the further preservation and awareness of Heathcote historical sites and

records

2. Natural Environment Support further development and ongoing maintenance of existing passive and

active recreational facilities Support the ongoing developments of new and existing cycling and walking

facilities within Heathcote and linking to the town.

3. Education, Training and Employment Advocate for an increase in library services including access to information

sourcing facilities in Heathcote Support existing programs which enhance learning and creative opportunities for

local primary and secondary school students Develop new services to support the unmet learning needs of community

members


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Increase the range of local continuing education and learning opportunities for both residents and visitors.

4. Health and WellbeingExplore options for people to remain independent in our community Advocate for additional preventative health and social support services including

mental health care options. Create opportunities for community-wide activities which promote personal

wellbeing Support the further development of existing facilities for individual and team

recreation Explore ways to develop new sporting options

5. Infrastructure and Economic Development Develop a range of strategies to encourage local people to use local businesses

and strategies to encourage local businesses to support loyalty of local people. Advocate for a more comprehensive public transport Develop additional strategies to create a setting which attracts new businesses Improve infrastructure in public buildings to enhance social and community life.

The revised Woodvale & District Community Plan


1. Promote greater local community engagement and participation in community activities; To facilitate sharing of information of relevance and interest to the wider

community To develop and foster community social groups and communication networks. To work in partnership with local and district organisations to continue to improve

the quality of facilities at the Recreation Reserve and Community Hall so they are conducive to social events.

Advocate for maintenance, management and upgrade of local roads, tracks and crossings;

To promote a “sense of history” and to encourage an appreciation of Woodvale’s past.

2. Advocate for maintenance, management and upgrade of local roads, tracks and crossings To advocate for ensuring that existing tracks in the Greater Bendigo National Park

are well maintained. To work in partnership with the appropriate authorities to ensure the continued

improvement in the quality of public roads in Woodvale. To advocate to the City of Greater Bendigo, Parks Victoria and Vic-Roads

regarding the provision of better signage of roads and tracks and rail crossings in Woodvale.

To advocate for regular maintenance and improvements to existing cycle/walking tracks and extension of the network in keeping with the strategies of the COGB and in partnership with appropriate governance authorities.


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3. Improve public awareness and practice of environmental & fire safety; To support Woodvale CFA in efforts to increase public awareness of fire

protection maintenance procedures within in the community. To facilitate sharing of information of relevance and interest to the wider

community. To support Woodvale and other Country Fire Authority groups and personnel to

attain the best quality fire equipment and training of personnel. In liaison with the Woodvale CFA to maintain public awareness of access to water

for fire fighting throughout Woodvale.

4. Encourage beautification of the Woodvale forest, roadsides & surrounds; To work in partnership with the relevant authorities and organisations to advocate

for and to maintain beautification of the forest and its surrounds. To work in partnership with the relevant authorities and organisations to advocate

for and to maintain outdoor recreation facilities in Woodvale. To support efforts, which further enhance the safety and comfort of indoor and

outdoor facilities in Woodvale. To facilitate sharing of information of relevance and interest to the wider

community, via website, notice board and community meetings.

5. Foster the establishment of some public transport options in Woodvale; To investigate ways to achieve a viable public transport link between Bendigo and

Woodvale and more distant locations (such as Raywood, etc). To facilitate sharing of transport related information of relevance and interest to

the wider community. To establish a network partnership with neighbouring towns.

6. Ensure timely & appropriate rehabilitation of the gold mining evaporation ponds; To encourage two local Environmental Review Committee (ERC) representatives

to continue to consult with the current gold mining licensee/ organisation regularly regarding the ongoing maintenance of existing facilities, and to report regularly to Woodvale community.

7. Ensure Woodvale maintains its value as a rural environment; To support development in Woodvale which is in keeping with maintaining the

existing rural character and lifestyle. To facilitate sharing of information of relevance and interest to the wider

community. Maintain an awareness of planned commercial growth, intensive farming activities

and other proposed development strategies, which might impact on the locality and residents.

8. Promote the development of essential services infrastructure in Woodvale To investigate to possibility of supply of potable mains water supply for Woodvale. To investigate the possibility of connection to natural gas mains for Woodvale

residents. To advocate to appropriate providers and authorities to ensure reliable mobile

telephone and internet access in all areas of Woodvale.


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Consultation/Communication

Each of the three communities referred to in this report, the Goornong & District, Heathcote & District and Woodvale & District, commenced their local planning activities in 2007. Each involved gathering data from the community about people’s visions and priorities, using a survey and local discussion sessions. At that stage, perhaps because the process was novel, each community had a strongly local involvement in the process and an enthusiastic launch of their plan.

Two strategies have been emphasised in the development of these revised plans (i) making the plan realistic with reference to achievable goals and available community resources and, (ii) attempting to get a personal public commitment from at least one local person to lead the work on an action.

The community planning review processes undertaken recently in Heathcote and Goornong both involved extensive community consultations that included a survey of the community members, a series of public meetings / forums, and the distribution of the draft plan for comment to community members. The Woodvale and District review has involved only minor changes to the earlier version and the process was undertaken in one community workshop.

Conclusion

Each of the three communities has delivered a renewed Community Plan that will contribute in a strategic manner to informed exchange of advice and information between the communities and the City of Greater Bendigo, and other interested organisations. The plans enhance the structured mechanism for successful partnerships to form between these communities and organisations with an interest in the development of Goornong, Heathcote or Woodvale including the City. As with all Small Town and Neighbourhood community plans, it will be considered in the formulation of the 2013-2017 Council Plan and other strategic planning processes undertaken by the organisation.

Ongoing liaison with the community planning groups, with support and guidance where warranted, is essential in order to ensure the process of plans being the main source of advice about community priorities, are used as intended.


The City of Greater Bendigo has continued support for the development of new community plans in the small towns and neighbourhoods, and the review of these plans when appropriate. During the process of development and review the communities are provided with a range of in-kind assistance, such as document development, printing and mailing. These costs are covered in the annual Community Planning budget.

Resource implications for the implementation phase of the Community Plans are supported by staff from the Community and Cultural Development Unit who assist with grant funding applications and support and a range of other community development activities and celebrations.


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Attachments

1. Goornong & District Community Plan2. Heathcote and District Community Plan3. Woodvale and District community Plans

RECOMMENDATION

That Greater Bendigo City Council resolve to:

a. Acknowledge the review, finalisation and launch of these three community plans; and

b. Endorse the principle that City of Greater Bendigo involvement in thesegeographic areas and communities be guided by the relevant Community Plan.


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2.4 GREATER BENDIGO PLANNING SCHEME AMENDMENT C164 - REZONING OF THE EAGLEHAWK CVGT SITE TO INDUSTRIAL 3 ZONE, APPLY THE DESIGN & DEVELOPMENT AND ENVIRONMENTAL AUDIT OVERLAYS -CONSIDERATION OF REQUEST FOR MINISTERIAL AUTHORISATION & EXHIBITION OF AMENDMENT


Author Frank Casimir, Statutory Planner


Summary/Purpose

Central Victorian Group Training (Australia) has owned the site at 128 Victoria Street, Eaglehawk since 2000. Prior to that it was Crown Land. They no longer require it for their operations and have requested that the land be rezoned from Special Use Zone 1 to Industrial 3 Zone and apply Overlays to the site.

The Amendment would facilitate the sale of the property which otherwise, would remain under-used because of its zoning for private educational or religious purposes.

This report recommends Council request the Minister for Planning to Authorise Council to prepare and exhibit Amendment C164 to the Greater Bendigo Planning Scheme.

Policy Context

Council Plan 2009-2013 (Update 2012)

1. Built and Natural EnvironmentStrategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support

public wellbeing and economic success.


The key steps in the amendment process are summarised below:


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Report

The planning consultancy firm Conceptz, has requested that Council rezone the land to facilitate its sale to private land developers on behalf of CVGT (Australia).

The Planning and Environment Act 1987 allows for a planning scheme amendment to be initiated by a municipal Council, or a Council can respond to a request for an amendment by any person or body.


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When requesting authorisation from the Minister for Planning, an Explanatory Report must be submitted that discusses the purpose, effects and strategic justification for the amendment. Key issues identified in the Explanatory Report (full copy attached) are summarised below.

Land affected by the Amendment

The Amendment affects land at 128 Victoria Street, Eaglehawk.

The total area of the land affected by the Amendment is approximately 1.95 hectares and is zoned Special Use Zone 1 - Private Educational or Religious Institutions (SUZ1). It is developed with a single storey building and surrounding car parking which takes up approximately one third of the site. In its south-eastern corner, is a storage shed of approximately 200 square metres. The land is generally flat but slopes slightly towards a creek line to its rear. The land does not contain any significant vegetation.

The land has been used for mining in the past as indicated by the presence of former mine shafts on and around the site. The site was also used by the former Eaglehawk Municipal Council as a depot. In 2000, CVGT purchased the site from the former Department of Natural Resources and Environment to provide training services to apprentices and to run government funded skill development programmes. CVGT has now expanded and changed its operations to more ‘on-the-job’ training and as a result, this site has become redundant to CVGT future needs.

The site is bounded by the Public Park and Recreation Zone (Albert Roy Recreation Reserve) to the west and south, Residential 1 Zone to the north and east and Industrial 1 Zone to the south-east. It has a frontage of approximately 150m with Victoria Street. Victoria Street is in a Road Zone Category 2 and it links the site to the Eaglehawk town centre located at approximately 500m to the north of the site.

The Dahlia & Arts Festival Committee has been using the existing storage shed since prior to the sale of the land to CVGT in 2000. Although the shed was on the land at the time of its use as a depot, it is currently not on the City’s asset register. There was apparently a verbal agreement between the City’s Property Unit and CVGT that the Dahlia & Arts Festival Committee could continue to use the shed. However, there is no such written agreement on record.


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Figure 1: Existing Zoning of the subject site and of its surrounds

What the Amendment Does

The Amendment proposes to rezone the subject site from Special Use Zone 1 (Private Educational or Religious Institutions) to Industrial 3 Zone (IN3Z) and apply a Schedule of the Design & Development Overlay (DDO) and the Environmental Audit Overlay (EAO) to the site.

Why is the Amendment Required?

Since 2000 CVGT has been using the site to provide training to apprentices and government-funded skill development programmes. CVGT no longer wants to undertake educational uses on the site so it is now surplus to CVGT requirements. The rezoning of the site is required to facilitate the sale of the property. IN3Z was selected because it is designed to accommodate light industrial uses near residential areas and therefore, it will compromise neither the existing adjacent Residential 1 Zone nor Industrial 1 zoned properties.

The proposed schedule to the DDO is to ensure that the future development of the site protects the amenity of the surrounding residential lands and provides an attractive public interface to Victoria Street and to the surrounding park land. The schedule to the DDO will achieve this by requiring the scale of future development to reflect the scale of the existing surrounding development and also by requiring a landscaped buffer along the southern site boundary. The other requirements of the DDO include controls on fencing and advertising and the transfer of a corner of the land (approximately 200m2) to Council to facilitate the creation of an open space linkage between the Eaglehawk town centre and the Albert Roy Recreation Reserve.


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The proposed EAO is required because the site is potentially contaminated due to its former use as a municipal depot for a certain period of time and for mining. There is anecdotal evidence that during its period as a depot, the site contained petroleum tanks and fuel bowsers and contaminated fill materials and this has exposed the site to significant risks of contamination. The application of an EAO to the site will ensure that before it can be used for any sensitive use permitted under the IN3Z, that it is audited and if required, cleaned up. Non-sensitive uses of the site will be permitted without the requirement for its clean-up or audit.

Social, Economic and Environmental Effects

The proposed IN3Z will allow a wider range of uses compared to the existing SUZ1 and so, will increase the potential of employment opportunities close to the town centre. The adjoining recreation reserve will benefit from this in terms of additional passive surveillance because potentially, there will be an increase in people on the subject site and at staggered hours.

It should be noted that the proposed changes to the Industrial 3 Zone would mean that a supermarket (up to 2,000 square metres) and shops associated with the supermarket (up to 500 square metres) would be allowed on the land without needing planning approval. Under the zone, offices would also be allowed subject to a permit.

The IN3Z is intended as a buffer zone for Residential Zones and most uses within the zone will require planning approval. This will ensure that uses with off site impacts are either prohibited or would be subject to strict scrutiny through a planning permit process.

To further ensure that the existing amenity of the surrounding residents is safeguarded, the proposed DDO requires that future developments must include measures that minimise adverse impacts on the residents in terms of visual presentation, noise and lighting.

The Amendment will have no negative impact on the environment. The Amendment will rather improve the existing interface between the subject site and the adjoining parkland by providing that the southern interface is landscaped according to the provisions of the proposed DDO and that land is transferred to Council to allow a path to be constructed along the western lot boundary. The City's Recreation Unit has committed to landscaping between this pathway and interface.

Ministerial Directions

The Amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Planning and Environment Act 1987 and Ministerial Direction 11 on the Strategic Assessment of Amendments.

The Amendment is also consistent with the Ministerial Direction 1 Potentially Contaminated Land by applying an EAO to the site. The proposed EAO will ensure that before any sensitive use starts on the site, either a statement or a certificate of audit is issued to the effect that the land is suitable for the proposed sensitive use as provided in this Minister’s Direction.


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Strategic Justification

Clause 11.05-4 Regional planning strategies and principles

The objective of this clause is to develop regions and settlements which have a strong identity, are prosperous and are environmental sustainable.

The Amendment meets this objective as it provides for an opportunity to re-develop a substantial plot of land for other uses which otherwise, will remain underdeveloped.

Clause 13.03-1 Use of contaminated and potentially contaminated land

The objective is to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

The Amendment meets this objective. The site is considered to be potentially contaminated because of its previous uses. The proposed EAO is to ensure that the site is audited and if required, cleaned up before it is put to any sensitive use.

Clause 15.01-2 Urban design principles

The objective of this clause is to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

The Amendment achieves this objective as a schedule to the Design Development Overlay will be applied to the site. The main objectives of this schedule are to ensure the interface with Victoria Street and the amenity of the adjoining residential and park land are addressed by future development. The schedule has provisions for building setbacks and maximum heights, and landscaping requirements.

Clause 17.02-1 Industrial land development

The objective of this clause is to ensure availability of land for industry.

One of the strategies set to achieve this objective is to iidentify land for industrial development in urban growth areas where good access for employees, freight and road transport is available and appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses.

The Amendment meets this objective given its location. Victoria Street is a Road Zone Category 2 which provides good accessibility to the site for employees as well as for freight.

Clause 21.07 Economic development (industrial)

The objectives set by this clause include encouraging diversification of the municipality’s industrial base and encouraging development with good design principles, environmental standards and amenity.


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The Amendment meets these objectives as the proposed industrial zone will allow for a number of industrial activities of various scales on the site. The proposed DDO will assist to achieve this objective by ensuring that building and works are designed and located to minimise potential impact on the amenity of the adjacent properties.

Clause 22.05 Industrial policy

The Municipal Strategic Statement acknowledges that industrial development remains one of the strongest generators of employment in the municipality. In this respect, Council is committed to ensuring high standards of industrial development and design, are achieved. This policy seeks to implement these standards.The policy has therefore a number of objectives which can be grouped under three main headings namely:

Facilitating economic developmentThe built environmentAmenity

The Amendment is consistent with these objectives. It will facilitate the redevelopment and use of the site for industrial purposes and will subsequently attract new investments. The Amendment also provides for a site responsive development in terms of building heights and setbacks and also the need to preserve the amenity of the adjacent lands through the application of a schedule of the DDO to it.

Eaglehawk Township Structure Plan

The authors of the draft Eaglehawk Township Structure Plan have been consulted in the context of this Amendment. They were initially of the opinion that the best use of this site would be for residential purposes. However, given that the issues around contamination and nearby industrial uses, it was agreed that the Plan would accommodate the proposed industrial zone subject to a high quality design standards in the built form and an appropriate landscaped buffer with the adjoining park land. The proposed schedule to the DDO addresses this requirement.


Consultation has been carried out with the City’s internal departments. The Recreation and Strategy Units have had input to the Amendment. Both are keen to ensure that the interface between the Albert Roy Recreation Reserve and the site be appropriately managed. Their concerns have been addressed via the application of a Schedule of the DDO to the site.

The proponent has also initiated preliminary consultation with the Country Fire Authority. However, given that the site is within an urban area, it is not anticipated that the CFA would raise any major issue although they will be formally notified at the exhibition stage of the Amendment. The North Central Catchment Management Authority has also been consulted but no concerns were raised.


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In regard to the Dahlia & Arts Festival storage shed on the site, there have been extensive consultations with the City’s departments and representatives of the Dahlia & Arts Festival representatives to find an alternative storage facility. At this stage, no alternatives have been found. CVGT has offered $5,000 toward the construction of a new storage facility elsewhere. The City’s Property Unit are investigating future storage options.

In addition to this initial consultation, the documents will be publicly exhibited for a minimum of a month, as required under the Planning and Environment Act 1987. The City must give notice of Amendments to all owners and occupiers who may be materially affected by an Amendment, together with prescribed Ministers and public authorities. The Amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper.

Conclusion

Planning Scheme Amendment C164 proposes to rezone the site to Industrial 3 Zone and apply a Schedule of the Design and Development Overlay to it as CVGT no longer wants to undertake educational uses on the land and wants to sell it. The justifications for the proposed IN3Z are mainly because of its location and that it is potentially contaminated.

It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the Amendment.

Options/Alternatives

Council has the option of:

Supporting the amendment proposal and making a request to the Minister for Planning to authorise preparation and exhibition of the amendment.

Refusing the request to prepare an amendment. Under the Planning and Environment Act 1987 there is no right of review of a council's decision not to support preparation of an amendment.


Officer time will be required to prepare the Amendment documentation for authorisation, exhibition, manage the exhibition process and liaise with the Minister for Planning.

The proponent has agreed to pay for the statutory fees and extra costs incurred by the City as per the Policy for private Planning Scheme Amendments adopted by Council. There will be minimal effect on the future resources of the responsible authority as permit activity will have a negligible net change.

Attachments

Explanatory Report Design & Development Overlay Schedule


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RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Request the Minister for Planning to authorise Council to prepare Amendment C164 to the Greater Bendigo Planning Scheme.

2. Request that the Minister for Planning authorise Greater Bendigo City Council to approve Amendment C164 once it has been Certified by the Secretary of the Department of Planning and Community Development.

3 When Authorised by the Minister, exhibit Amendment C164 to the Greater Bendigo Planning Scheme giving notification as required for the minimum statutory exhibition period of one month.


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Aerial of Subject Site


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2.5 BENDIGO'S LANDSCAPES - BIG HILL AND MANDURANG VALLEY LANDSCAPE ASSESSMENT


Author Mark Stubbs, Senior Strategic Planner

Responsible Prue Mansfield, Planning and DevelopmentDirector

Summary/Purpose

This report provides an overview of the Draft Landscape Assessment Report, including Landscape Management Framework, for the Big Hill and Mandurang Valley landscapes (herein referred to as the ‘the Draft LMF’). Council endorsement of the document is sought in order to place the Draft LMF on public display. The public display period is an important stage of the project that enables community comment and feedback regarding the findings, recommendations, priorities and implementation program of the Draft LMF.

Policy Context



o Strategy 1.9: ‘Provide clear planning policy direction and to improve systems so that sound decisions are made promptly for land use and sustainable development.’

Action 1.5.2: ‘Complete the Rural Areas Strategy and undertake any necessary Planning Scheme changes.’

Strategy Reference:

The Rural Areas Strategy (2009).


On 6 July 2011, Council endorsed a project brief describing the purpose and scope of a Landscape Assessment of Big Hill and the Mandurang Valley (‘the Landscape Assessment’).

The purpose of the Landscape Assessment is to examine the character and values of the study area landscapes, to understand how they might be affected by change in the future and to establish a long term vision with corresponding guidance for landscape planning and management. In summary, the project has (to date):


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Defined and described (with photos and maps) the visual landscape character of the Big Hill and Mandurang Valley environs;

Determined which aspects of the Big Hill and Mandurang Valley landscapes, including views and vistas to and from the area, are the most significant and why;

Explored the community’s values of the character and significance of the Big Hill and Mandurang Valley landscapes;

Assessed and evaluated various forms of development that have occurred in these areas (some of which will be positive, while others may have detracted from their character or significance);

Identified a guiding vision for the Big Hill and Mandurang Valley landscapes; and,

Recommended a planning and management response through which the valued aspects of the landscapes can be managed and protected – both through local landowner, community and agency initiatives and policy guidance in the Greater Bendigo Planning Scheme.

The Landscape Assessment is a five-stage project which began in mid-January 2012 with a target completion date in mid-October 2012.

To date, the Landscape Assessment, approximately 75% of the project program has completed. Progress reports were provided to Council in February 2012 and July 2012. At the time of the last report, Stage 4 – Landscape Management Framework had commenced. A summary of this Stage of work, and of its main output – the Draft LMF –is provided in this report. A full copy of the Stage 4 report is attached. An overview of the final project stage, Stage 5 – Exhibition and Report Finalisation, is also given.

Report

Summary of the Landscape Management Framework

The main subject of this report is the Draft Landscape Management Framework (Draft LMF), as prepared by consultant Planisphere, which provides comprehensive documentation of the Landscape Assessment project.

The document is structured according to six sections as follows:

1. Introduction

The introduction sets out the background to the project and gives an explanation of the study process, in particular the methodology used to assess landscape character and values, to identify change and management issues, to understand the planning policy gaps and then to determine the response in the form of a management framework. Here, the project is also placed in the context of a best practice review of landscape assessment, locally and internationally, which is summarised and detailed further in the Appendices. An executive summary is provided in this section also.


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2. Landscape Character

This section addresses the assessment of landscape character. It begins by placing the study area within a wider contextual description of the ‘Greater Bendigo’ landscape. An explanation is given how the interplay of physical landscape characteristics, together with land use and built environment interventions, creates legible distinctions between one landscape and another. Six Character Areas have been defined within the study area. For each, a landscape character description is given, together with observations of historic change in the landscape, anticipated future change, and a consideration of the landscapes’ sensitivity to this change.

Details of the Character Area Analysis Papers are found in the Appendices of the Draft LMF, and were initially reported in detail to Council in July 2012.

3. Community Values

There has been considerable local interest in this project from landowners/residents. Through various community participation activities, the study has gleaned a strong sense of the local perspective on landscape values, concerns about the landscape and preferences for how landscape change is managed. Further details of the community engagement process which has informed the documented understanding of community values are provided in the ’Governance and Community Engagement’ section of this report.

4. Landscape Significance & Values Assessment

This section consolidates and organises the complexity of identified landscape values according to a series of determined categories, which is then used to inform an assessment of landscape significance for each of the six Character Areas. The categories of values and corresponding significance are visual values, historical and cultural values, environmental/scientific values, social values, economic values, and other miscellaneous values.

The main finding of the analysis is the highest landscape values are found in the two Big Hill Character Areas and the Box Ironbark Forests Character Area.

5. Future Directions

This section provides specific statements of preferred future landscape character corresponding to each of the six Character Areas. These statements, which were formulated in the landscape characterisation stage of the project, and have been reinforced by the subsequent analysis of landscape values, portray the preferred condition of the landscapes to be carried into the future.

6. Landscape Management Framework

The framework is, in effect, the implementation aspects of the project – putting the assessment findings into practice. It sets out a full range of strategies and actions for decision-making and ongoing management in the study area landscapes. Further details of this important section of the document are given below.


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Changes to the Greater Bendigo Planning Scheme

The Planning Scheme fulfils an important ongoing role to manage landscape outcomes in response to landscape objectives. In this way, the operation of the Planning Scheme is pertinent at two distinct, but related levels. First, the strategic recognition of issues related to landscape character, values and management, which occurs principally through the Municipal Strategic Statement and to a degree through Local Policy. Second, the specification of policy controls and requirements through the application of Overlays and to which development proposals must respond.

The Draft LMF as it currently stands does not have any bearing in statutory terms. Changes to the Planning Scheme are required; transferring and translating relevant aspects of the Draft LMF into Planning Scheme provisions.

The Draft LMF provides detailed information and guidance to inform the preparation of a future Planning Scheme Amendment by the City of Greater Bendigo. The following Planning Scheme changes are recommended:

Strengthening of the Municipal Strategic Statement. Including specific reference to the study area landscapes, the key issues, objectives and strategies; potentially under a section entitled ‘Landscape Character’ within Clause 21.08 Environment.

The addition of a new Local Planning Policy.

The application of the Significant Landscape Overlay (SLO) to specific parts of the study area. This policy would be structured according to Schedules corresponding to the identified Character Areas, establish the future character directions and specify permit and application requirements associated with particular types of development, informed by the identified landscape sensitivity to change and landscape threats.

Inclusion of the Draft LMF report and the Design and Development Guidelines as a Reference Document.

Non-Statutory Actions

Planning policy should not solely be relied upon as a vehicle to effective landscape management. A very specific intent of this project is to recognise the complexity of factors in landscape change and to identify, in addition to the planning policy measures, available non-statutory actions as part of a more comprehensive and robust management response.

This framing of the project has led to the emergence of the concept of landscape ‘custodianship’. Inherent in this idea is an understanding that all people, whether they live, work, visit or manage land or development, within the study areas landscapes, interact with and affect the landscape and so have a role in its stewardship for the present and future.

The Draft LMF includes actions linked to the management of a range of specific landscape issues, ranging from development concerns such as our broader pattern of settlement and subdivision and lot size, to environment and landscape issues such as native vegetation, roadside vegetation, erosion and salinity. Coverage also is made of actions related to the promotion, education and support of landscape management.


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The framework of actions corresponds with the focus of the project on landscape character and values, landscape change and future planning and management. Because there has not been a specific and comprehensive study, for example, of the ecology of the landscape or of the geology of the landscape, the actions related to these topics are necessarily broad, in recognition of their influence as one of a range of influencing factors. For similar reasons, the framework is also not absolute or exhaustive.

What will be required, however, in the case of certain actions, is further critical assessment to determine the practicality of the action, and where necessary and possible, be more specific about its delivery.

A key initiative to provide structure to the coordination and implementation of actions is the recommendation to establish an overseeing working group. An essential aspect of its structure will be the direct participation of relevant agencies, community groups and individuals. Potentially, this composition of this group could draw in part on the experience and capability of selected Steering and Reference Group members that have contributed to the project to date. Delivery of actions will be reliant on the allocation of resources.

Governance and Community Engagement

A Community Engagement Plan, as prepared in Stage 1, is providing the guide for engagement activities for the duration of the project. Following is a chronology of governance and community engagement activity for the project thus far.

Activity Purpose Participation Date

Stage 1 – Inception

Steering Group Meeting 1Reference Group Meeting 1

Project introduction, explanation of study process, scope and timeline, roles of the Steering and Reference Groups.

Various CoGB staff, three Ward Crs, various government agencies (AAV, DPCD, DSE, Heritage Vic, Parks Vic), NGOs (Landcare, Bendigo Historical Society), community groups (Bendigo Field Naturalists Club) and individuals with specialist knowledge.

2 Feb 2012

Community Bulletin 1 Project introduction, explanation of study process and timeline, promotion of photographic activity and pocket survey.

Landowners and residents in the study area (900+), development industry, and agencies.

Feb 2012

Community Photographic Activity

Landscape photography to assist in identifyingcommunity values

Landowners and residents in the study area, local

Feb-Apr 2012


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Activity Purpose Participation Date

schoolchildren (over 100 photos submitted).

Stage 2 – Landscape Characterisation


Character Area Analysis Papers overview.

Various CoGB staff, three Ward Crs, various government agencies, NGOs, community groups and individuals.

29 Mar 2012

Community Bulletin 2 Project progress update, promotion of community workshops and pocket survey.

Landowners and residents in the study area (900+), development industry and agencies.

Apr 2012

Online and Distributed Pocket Survey

Survey responses to assist in identifyingcommunity values.

Landowners and residents in the study area (11 respondents).

Apr 2012

Stage 3 – Landscape Values

Values workshops(afternoon and evening) –Mandurang Valley

Focus on identifying community perceptions of landscape values

Residents (45 participants)

17 Mar 2012

Values workshops(afternoon and evening) –Big Hill

Focus on identifying community perceptions of landscape values

Residents (25 participants)

18 Mar 2012

Stage 4 – Landscape Management Framework


(and subsequent document circulation)

Draft LMF overview and feedback.

Various CoGB staff, three Ward Crs, various government agencies, NGOs, community groups and individuals.

28 Jun 2012

(28 Jun -3 Aug)

Public Display and Next Steps

The Draft LMF will be placed on public display for a period of four (4) weeks, generally between early-September and early-October. The public display of the Draft LMF represents an important opportunity to test and validate both the landscape assessment and the framework for landscape planning and management that has been prepared in response to the assessment.


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In addition to the conventional notifications and invitations for public submissions, the display period will have a focus on promotions and engagement opportunities designed to encourage participation and maximise community response. In particular, we will endeavour to gauge relative support for different initiatives and to begin prioritising implementation actions. Following is an overview of the proposed notifications / promotions and engagement activities:

Notification / Promotions

General media release – summarising the Draft LMF, highlighting engagement events and explaining how submissions can be made.

Community bulletin (directly to landowners, agencies, Steering and Reference Group members, the development industry, as well as available to the general public at CoGB customer service) – as above, with some additional detail.

Engagement Activities

A weekend, outdoor-format community listening post – to be held on a Saturday morning at a local venue and staffed by officers.

An online and hard copy survey to gauge community opinion and preferences related to the Draft LMF.

The process and outcomes of the public display period will be reported to Council in October 2012. This will include a summary of any written submissions received and an explanation of any resultant changes to the Draft LMF. To assist Council and the City of Greater Bendigo in its future decision-making, the report will also discuss findings on community and other stakeholder priorities for implementation.

Timeline

This project will be completed within the scheduled timeline which concludes mid-October 2012.

The public display period (subject to Council decision) and associated review of the draft LMF, will be completed almost fully before Council caretaker period commences.

The adoption by Council of the final LMF will follow the caretaker period in November 2012.

Priority/Importance

High – Growth across the municipality has generated considerable pressures to develop the rural landscape for residential, rural residential and other low density living. This is largely a reflection of the strong demand for a rural residential lifestyle in close proximity to a major regional city. Because this development has the capacity to progressively transform the rural landscape, a more informed understanding of landscape values is needed as a foundation for managing development and other change.


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Risk Analysis:

Risk MitigationResidents or other stakeholders may not understand, or possibly doubt, how the Draft LMF will be effective in its landscape management ambitions.

Ensure communications for the public display period clarify the draft status of the LMF, and therein, the potential for changes to be effected by the community submissions.

Communications should also explain how the Draft LMF has different aspects of implementation and that this is a response to the inherent complexity of effective management of the subject landscapes. Highlight in particular that certain actions, such as the proposed application of a Significant Landscape Overlay to some parts of the study area, will be instigated by a subsequent Planning Scheme Amendment. Also emphasise that many other important aspects of implementation related to landscape management rely on agency-driven or community-driven initiatives and funding.


The total project cost is approximately $83,000 (exclusive of GST). In the 2011/12 financial year, $55,000 was allocated for commencement and substantial completion of the project. Balance funds of $28,000 are included in current 2012/13 budget for full completion.

Attachments

Draft Landscape Assessment Report (Draft LMF), August 2012

RECOMMENDATION

That the Greater Bendigo City Council resolves to endorse the Draft Landscape Management Framework to be placed on public display for a period of at least four (4) weeks to seek community comment.


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2.6 AMENDED PLANS AND PERMIT FOR KENNINGTON VILLAGE DEVELOPMENT - USE LAND FOR OFFICES, SHOPS, FOOD AND DRINK PREMISES, SIGNAGE, CREATION OF ACCESS, REMOVAL OF VEGETATION, PARTIAL WAIVER CAR PARKING - 150-158 CONDON STREET, STRATHDALE


Author Emma Bryant, Coordinator Policies and Processes

Responsible Prue Mansfield, Director Planning & DevelopmentDirector

Summary/Purpose

An application has been lodged with VCAT to amend the plans and permit for the ‘Kennington Village’ supermarket complex development next to Strath Village. VCAT has listed the application on the Major Cases list and has asked for a Council position on the application.

This development has had a long history with Council, beginning with a reluctance by Council to support any retail given the likely impact on Strathdale, Strathfieldsaye and the CBD and unacceptable impact on neighbours and local amenity. There was agreement on the final form of the development following an intense 2 day mediation in VCAT. There were long negotiations with the previous developer to finalise the detailed plans then Council successfully defended these plans in another VCAT hearing when the developer tried to reduce the requirements to very similar to the original proposal.

The key changes requested are: Reduce the future development area (Stage 1A) that links the development with

Strath Village by approximately half; Raise height of supermarket by 1.4m; Reduce retail by 1,441m2 by removing mini-major and some shops adjoining

supermarket; Increase height of retaining walls on Condon Street; Change entrances to site.

The changes are not in accordance with previously negotiated outcomes and are not supported by adjoining residents nor the adjoining Strath Village complex. The application has also failed to update any of the supporting documentation to justify such changes, eg the traffic report.

This report recommends that the Greater Bendigo City Council vigorously oppose the majority of the changes, as outlined in the report, both in mediation scheduled for 14 September 2012 and in the hearing scheduled for late November.


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Policy Context

City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012)



Background information

The first permit application for the development known as Kennington Village was made in September 2007. The application was for a double storey complex of approximately 12,660m² of retail space, 1,045m² of office space and 887m² of food and drink premises right on Condon Street with 584 car parks at the rear. There were fifty-four objections to the proposal. Council opposed this application on the basis of its large size, similar in size to the original Market Place, as contrary to its strategic hierarchy of shopping centres in Bendigo and contrary to the Commercial Land Strategy.

In December 2008, the applicant submitted amended plans with a single storey development set back off Condon Street with 6,460m² of retail space, 700m² of office space, 870m² of food and drink premises and 363 open car spaces to the front. A restaurant/office building was proposed on the street frontage to Condon and Marnie Roads to provide some active frontage to the street.

On 26 February 2009, a proposed six day VCAT hearing was converted into a two day negotiation between all the parties, including objectors, with the issues resolved by consent.

The result of the 2009 mediation and VCAT consent order was a planning permit condition referencing Concept Plan Version 4 dated 24 February 2009. The Concept Plan outlined the agreed position arrived at between the parties on a number of matters including active built form edges to Condon and Marnie Streets, A Stage 1A area, shown on the plan below, to link the two centres and to bring the centre closer to Condon Street, and the height of the supermarket.


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Figure 1: Concept Plan Version 4.

Plans were endorsed for the development in June 2010 following protracted negotiations. An application was then submitted to VCAT in July 2010 to amend the plans under s.87A to remove that part of the shopping centre from the Condon Street and Marnie Road frontages and substitute with an undesignated development pad and relocated convenience food outlet. The City opposed the changes at the hearing held on 18 October 2010 and the VCAT order made on 10 November 2010, was that the application was not supported.

The land has since been purchased by Woolworths which has made the current application.

Report

Application No: DC/785/2007

Application Date: 4 July 2012

Applicant: Fabcot on behalf of Woolworths Limited

Land: 150-158 Condon Street, Strathdale

Zoning: Business 1 Zone, Road Zone 1

Overlays: None


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Subject Site and Surrounds

The site is on the south-west corner of Condon Street and Marnie Road, Kennington, approximately 2.4 km from the Bendigo CBD. It has an approximate area of 26,185 square metres with a frontage of 101.77 metres to Condon Street and 120.91 metres to Marnie Road and is zoned Business 1. It is bounded by the Strath Village shopping complex and McDonalds Restaurant to the west (Business 1 Zone), Strath Haven Retirement Village across Condon Street to the north (Residential Zone), residential land to the south and the Reservoir Hotel to the east zoned Business 1. The Strath Hill Shopping Centre lies diagonally opposite to the north west.

Strath Hill and Strath Village shopping centres lie on the Condon Street/Edwards Road intersection. Together with the subject site, these form the Strathdale Precinct.

Figure 2: Location map showing subject site. Objectors' properties marked with a star.

Proposal

The current endorsed plans for the site show a big supermarket and mini-major to the rear partially concealed by a ‘sleeve’ of shops on Condon Street occupied by a convenience restaurant (abutting McDonalds in Strath Village to its west), a gap occupied by car parking allowing views to the retail complex, a pedestrian entrance and small Square and an abutting restaurant; with the Marnie Road frontage occupied by the balance of the restaurant, offices and more car parking. Stage 1A is identified for future development to both connect with Strath Village and provide more presence to Condon Street.


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Figure 3: Endorsed Plan

The application to VCAT requests a number of changes to the permit and endorsed plan. These are discussed in the table below with planning department recommendations:

Plan Changes Recommendation

Raise Supermarket floor by 1.4m to match Strath Village.

Do not support. Major issue in previous VCAT hearing for residents. Approved roof height 263m AHD, with plant platform approx 264.5 AHD. Proposed roof height increase of 1.5m and plant height 2.3m to 264.5m AHD and 266.8m AHD respectively. Plant also closer to residents. Acoustic fence approx 264.2m. need more acoustic information to assess impacts.


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Remove 1,200 sqm mini major and reduce some retail shops around supermarket by 214 sqm (therefore all retail reduced by 1,441sqm).

Support.

Stage 1A reduced by approx half. 800sqm.

Do not support. This area critical in bringing presence of supermarket to Condon Street and linking with Strath Village. Compromise position in original hearing.

Change loading area and design. Need more information on turning movements and acoustic impact. Reduce excavation and tree clearing but may lead to more noise for residents due to increased reversing.

Remove pedestrian and vehicular ramps in site, 1 to 40 grade max.

Do not support. OK in itself except requires the raising of the supermarket which was previously negotiated for residents in VCAT.

Convenience restaurant truck deliveries changed.

Need further information on turning movements.

Retaining wall heights significantly increased along Condon Street, eg in front of convenience restaurant increased by approx 2m to 4m and at main pedestrian entry by approx 1m to 3m.

Do not support. Poor urban design outcome non-active frontage and significant barriers to pedestrians, extensive negotiations with previous owner to keep low and an attractive entry.

Car park entries changed grade -Marnie Road reduced to 0.5m and Condon Street increased by 1.35m.

Support.

Car parking in initial stages reduced by 37 in rear of site due to reduced retail. More car parks provided in 1A area because reducing size of development.

Do not support increased parking in area 1A.

Design changes to restaurant, supermarket entry, office in line with Fabcort style.

Do not support. Building heights lower and reduced glazing and active frontageson Marnie Road and Condon Street egrestaurant lower by 3.5m which reduces the presence of the building on a significant corner site. More details required on materials. Do not support moving office entry further away from Marnie Road.

Include shade sails in car park. Support.


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Main pedestrian path moved and narrowed so not coming straight out of main entrance on Condon Street. Width reduced from 3m to 1.9m.

Do not support. Previous extensive negotiation. Too narrow and not appropriate being on an angle.

More car parks put in pedestrian entrance area.

Do not support. Extensive negotiations with previous developer on this design to keep open and attractive.

More plant on roof, including near residents.

Do not support. In approved development some plant is on the ground away from residents.

Changes to Condon Street and Marnie Road footpaths, and bus stop design.

Further information required on bus stop design and footpath design. Need updated functional layout plan for Marnie Road and Condon Street and outcomes of this plan included on site plan.

Changes to advertising signage. Further information required. Not enough information provided to assess, eg location and size. An increase of illuminated signage not supported.

Removed notation for pedestrian linkage to Strath Village from front of supermarket.

Do no support. An important linkage previously agreed to.

Permit Changes Recommendation

Remove Condition 1(a) that layout generally in accordance with concept plan used in VCAT mediation February 2009.

Do not support. Mediated position - if this removed then nothing carried forward for site plan from VCAT mediation.

Remove condition 1(d) that height of buildings not increase.

Do not support. Mediated outcome with residents concerned with height/amenity impacts

Change condition 1(h) so that the building does not have to be of a 5 star rating.

Do not support.

Change Condition 1(m) acoustic fence 3.1m higher than natural ground instead of 1m higher than on plans.

Do not support. The fence needs to be redesigned and a new acoustic report provided in light of supermarket redesign.

Change conditions about asphalt seal Marnie Road

Support if changed to asphalt surface.

Conditions regarding Section 173 agreement describing Stage 1A, timing, car parking conditions.

Do not support. Don’t agree with changes to Stage 1A area.


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Permit Changes Recommendation

Condition regarding landscape plan modified to not refer to original submitted plan.

Support if can include that palm trees to be relocated and reused on site, as per currently endorsed plan.

Figure 4: Proposed Site Plan


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Figure 5: Proposed Condon Street retaining wall

Planning Controls - Greater Bendigo Planning Scheme

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

State Planning Policy Framework

11.01-4-2 Activity centres hierarchy 15.01-1 and 15.01-2 Urban design 15.01-4 Safety 15.02 Sustainable development

Municipal Strategic Statement

21.07 Economic Development

Other Provisions

34.01 Business 1 Zone 52.05 Signage 52.06 Car parking 65 Decision Guidelines


The applicant has notified all landowners/occupiers notified under the original application, all objectors to the original application and referral authorities.

Objections to the proposal have been received from 2 affected residents, the neighbouring IGA supermarket and Strath Village Shopping Centre. Issues raised include:

Supermarket being raised in height; Revised loading area and reversing procedure for loading; Plant over rear of supermarket;


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Plant equipment on roof being shown indicatively rather than confirmed; Some plant that was to be on the ground, now on roof; Vehicular connection with Strath Village opposed; Removal of existing right turn, when travelling east, into Strath/Kennington Village; Reducing Stage 1A.

VicRoads has indicated its support for the proposal as it does not include any changes to the Condon Street roadway.

Internal consultation has been undertaken with Traffic and Urban Design units and those comments have been included in the assessment and recommendations.

Planning Assessment

Three major urban design principles have been consistently applied to this site and proposal over the 5 years of development: provision of an active street frontage to Condon Street and Marnie Road, integration with abutting Strath Village shopping centre and respect for the adjoining residential land use.

Past agreements and decisions have been reached after extensive and costly negotiations between all the key players including adjoining owners and businesses.

Clause 15.01 Urban environment has a number of objectives and strategies relevant to this application. Clause 15.01-1 Urban design has the objective of creating urban environments that are safe, functional and that provide good quality environments with a sense of place and cultural identity. Specific strategies include promote good urban design to make the environment more attractive, ensure new development contributes to community and cultural life by improving safety, quality of living and accessibility, and require development to respond to its context in terms of urban character and natural features.

Clause 15.01-2 Urban design principles has the objective of achieving architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. One of the strategies of this objective is the public realm, which includes pedestrian spaces, streets, squares, parks and walkways, should be protected and enhanced.

The proposal does not meet these objectives as it reduces the area of Stage 1A, which was to support a front entrance and link between Strath Village/Kennnington Village, it will lead to greater amenity impacts on adjoining residents, and will negatively impact on the public realm and lead to a feeling of exclusion through the high blank walls on Condon Street.


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Stage 1A area in the Concept Plan was the result of extensive negotiations in VCAT. The City wanted the development set on Condon Street to provide active frontages and better connections to Strath Hill, but agreed to the supermarket being predominantly setback from Condon Street if the plans included the Stage 1A area at the front to give a strong presence to Condon Street and provide a good link with Strath Village. The Stage 1A area is integral to bringing the two centres together and necessary to ensure the future viability of Strath Village. This proposal reduces the Stage 1A area by half.

This proposal will diminish the public realm, particularly along Condon Street and Marnie Road and in the proposed entrance square. The increased height of the retaining walls and reduced glazing will reduce feelings of safety and discourage pedestrians from walking along these streets and from entering the site. The high retaining walls are also not attractive nor in character with the low scale open development of the precinct. The proposal also reduces the size of the public square by increasing car parking in that area.

The changes to the supermarket height, plant and loading arrangements will increase amenity impacts on the adjoining residents.

Clause 15.01-4 Design for safety includes the strategies of ensuring the design of buildings and public spaces contribute to safety, and provide safe walking routes for public transport. The changes to the retaining walls, pedestrian entrances and footpaths do not support these strategies. The high retaining walls, ramps and many steps will discourage pedestrians from using the centre, particularly those elderly people living across the road at Strath Haven.

These urban design clauses are supported by the Activity Centre Design Guidelines2005, which must also be considered when assessing applications. Design objectives of these guidelines include intensify active uses along street frontages, concentrate shops into continuous active frontages with minimum setbacks to the street, land limit blank walls, car parks or service bays from facing streets and public spaces.

Clause 21.07 Economic development contains the economic strategies for the municipality. It sets the commercial hierarchy of all the centres in Bendigo and identifies the Strath Village precinct as a village centre. Objectives for the Centre include:

To improve the integration of the centres into the surrounding land uses by enhancing pedestrian linkages and landscaping;

To identify opportunities for additional development within and around the centres;

To encourage consolidation of the sites through infill developments and improved pedestrian linkages; and

To improve the amenity of the centres through improved landscaping and pedestrian and cycle linkages.

The proposal does not support these objectives.

The development requires a permit under Clause 34.01-4 Buildings and works.

Relevant decision guidelines that the Responsible Authority must consider include:


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The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport.

The provision of car parking.

The interface with adjoining zones, especially the relationship with residential areas.

The streetscape, including the conservation of buildings, design of verandahs, access from the street front, protecting active frontages to pedestrian areas.

The storage of rubbish and materials for recycling.

Defining the responsibility for the maintenance of buildings, landscaping and paved areas.

The availability and connection to services.

The design of buildings for solar access.

The proposal will have a greater impact on the adjoining residential area, will reduce the active frontages in Stage 1A area and on Condon Street and will reduce pedestrian access.

Not enough information has been provided by the applicant to assess advertising signage. The car parking requirements of the Scheme are met by the proposal.

The ‘Strathdale Commercial Precinct Structure Plan’ was prepared by Renaissance Consultants on behalf of Council after extensive research and community consultationincluding with the original Kennington Village developer. The key themes that came from the community were pedestrian safety and access, community spaces and identity, and community services. A Draft Structure Plan went on public exhibition between 16 December 2009 and 19 February 2010 and 42 written submissions were considered before the Structure Plan was adopted by Council on 16 June 2010. The developer neither opposed nor supported the Structure Plan, but remained silent.

The Structure Plan identifies the Strath Village/Kennington Village development as the ‘Village Core’; the retail and commercial hub of the Strathdale Commercial Precinct because of the opportunities they can provide as a cohesive unit. It also emphasises the need to bring the Village Core down to Condon Street as much as possible to bring a sense of urban cohesiveness to the precinct; increase connection to Strath Hill and Strath Haven. The report also identifies an important opportunity to create a sense of place and an environment for social interaction in the Kennington Village/Strath Village ‘Square’ by interconnecting the two centres and connecting them to Condon Street. This proposed square includes the Stage 1A area.

The Structure Plan has not been included in the Planning Scheme due to other priorities. VCAT said at previous hearing ‘Even if little weight was given to the Structure Plan at this stage, its theme is akin to current statutory urban design policy written into all planning schemes at the State Planning Policy level. It is therefore worthy of being given weight having been through an extensive consultative process and being in tune with current statewide urban design policy.’


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Conclusion

This proposal undermines a number of design elements that the City has worked hard to achieve over a number of years with the previous developer. The City has spent a lot of resources defending these elements in VCAT.

The proposal does not comply with the Greater Bendigo Planning Scheme and should not be supported in its current form.

Options

Council, acting as the responsible authority, may support or not support the amended plans at VCAT.

Attachments

Objections

RECOMMENDATION

That the Greater Bendigo City Council resolves to not support the proposal in its currentform for the following reasons:

1. The proposed development is an inappropriate design response which is inconsistent with the principles of good urban design and is contrary to the objectives and guidelines of the Strathdale Commercial Precinct Structure Plan and Clauses 15.01, 15.01-2, 15.01-4, 21.07, 34.01 and 52.05 of the Greater Bendigo Planning Scheme.

2. The proposal does not support the previously agreed commitment to integrate with the adjoining Strath Village as it significantly reduces the integration area of Stage 1A and has removed notation to a pedestrian link.

3. The height of the proposed supermarket has been raised significantly and plant increased on the roof even though these were matters previously agreed in a VCAT mediation.

4. The proposed development reduces pedestrian and disability access by increasing the height of retaining walls, reducing footpath widths and increasing the slope of pedestrian ramps into the centre from Condon Street.

5. The proposed buildings on Condon Street and Marnie Road are poorer quality in terms of height, materials and glazing.

6. A lack of supporting information on a number of matters including loading, acoustics, signage, detailed design and traffic.

7. The Council has already spent considerable resources, monetary and time, negotiating with the previous developer to come to an acceptable mediated outcome.


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2.7 2 LOT SUBDIVISION - 4 ALPACA COURT, KANGAROO FLAT


Author Liz Commadeur, Subdivision Planner


Summary/Purpose

This application seeks approval for a two lot subdivision of the land at 4 Alpaca Court, Kangaroo Flat. Two neighbours have objected to the subdivision principally because of concerns about neighbourhood character, traffic safety, parking and amenity issues.

The site is within Bendigo’s urban growth boundary and is zoned for residential purposes. It is considered that the subdivision meets the requirements of the Planning Scheme and a permit should be granted.

Policy Context




Report

Application No: DS/219/2012

Application Date: 11 April 2012

Applicant: D A McNair

Land: 4 Alpaca Court, KANGAROO FLAT

Zoning: Residential 1 Zone

Overlays: No overlays


The subject site is located in an established residential area of Kangaroo Flat on the northern side of Alpaca Court. The vacant site is generally rectangular in shape with an area of 867 square metres. The site is devoid of vegetation and slopes to the north eastern corner. A 2 metre wide drainage easement is located to the rear of the site.


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There is one undeveloped parcel of land in Alpaca Court, which is located opposite the site. The balance of the court has medium to large dwellings on lots with reasonable street frontages. A double storey dwelling abuts the south western part of the site.

Services, including reticulated water and sewerage, power, gas and telecommunications are able to be connected to the site. Alpaca Court is a sealed road with roll over kerb and channel. There are no footpaths constructed along the street.

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

Proposal

It is proposed to subdivide the site into two narrow and elongated house lots, which are each capable of containing a dwelling. The lots would have direct access from Alpaca Court, with Lot 1 and Lot 2 having an area of 440 and 424 square metres respectively. The lots would be fully serviced.

A 2 metre wide drainage easement will continue to run along the rear boundaries of the two lots.


The site is in the Residential 1 Zone. A permit is required to subdivide land pursuant to the zone provisions.

The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application:


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State Planning Policy Framework:

Regional development (clause 11.05) Urban environment (clause 15.01) Sustainable development (clause 15.02) Residential development (clause 16.01) 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) Kangaroo Flat residential character policy (clause 22.18)

Other relevant provisions:

Residential subdivision (clause 56) Decision guidelines (clause 65) Referral and notice provisions (clause 66)


Referrals

It is noted that a two lot subdivision does not trigger a referral to any service authority. The following internal department has been consulted on the proposal:

Referral Comment

Drainage No objection subject to conditions

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 three objections were received, with the grounds of objection being:

Neighbourhood character;

Traffic and parking issues;

Amenity issues;

Devaluation of properties;


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A consultation meeting was organised, however the objectors did not attend. Planning staff later spoke with objectors to discuss the issues. The issues were not resolved. The objections are discussed below.

Planning Assessment

Neighbourhood Character

The site is located within Precinct 6 of the Kangaroo Flat residential character policy. The precinct is described as being:

“…This area is newly developed with small setbacks and numbers of larger dwellings, but in parts substantial remnants of native vegetation make it distinctive. The native vegetation character is strongest when the vegetation flows from block to block and into the road reserve”.

The desired future character for the precinct is to strengthen the bush garden qualities.

Alpaca Court is comprised of lots that range in area from 350 square metres to 5,400 square metres. There is no uniform pattern to the shape of the lots in the court. The types of housing in Alpaca Court are generally medium to large brick dwellings with reasonable front setbacks and a variety of side setbacks, constructed after 2007. A two storey dwelling abuts the south west corner of the site. A dwelling which abuts the site on the eastern boundary is well set back from the street frontage. Gardens tend to be small to medium in size. There is a stand of native vegetation located on the southern side of the court. Alpaca Court is a narrow court with a court bowl at the end. The court has roll over kerb and channel and nature strips constructed of fine gravel.

The land slopes from the south to the north east part of the site. The site is devoid of vegetation and a two metre wide drainage easement will run along the rear boundary.

The proposal is to create two narrow and elongated lots on a site which has a reasonable slope. The site has frontage to Alpaca Court with both proposed lots having a width of 11 metres and a depth of approximately 40 metres. A power pole and stormwater pit are located on the road reserve.

One of the objectors is concerned that the shape of the proposed lots will not be in keeping with the surrounding area. Both objectors raised concerns that the application should have included plans for future dwellings on the lots.

Having regard to the site description, design response and the objectors’ concerns, it is considered that the proposed subdivision is in keeping with the neighbourhood character. The shape and size of both lots lend themselves to further development. Despite the frontages of both lots being confined to 11 metres, the depth of the lots is generous. To overcome the potential for the domination of side by side dwellings with garage doors and compact entrance ways on the lots, it is reasonable to set a restriction on title that allows for the staggered setback of any future buildings on the lots (see Attachment 1). The building envelope for Lot 1 will be set back 4 metres from the front boundary. The setback of the building envelope on Lot 2 will be 12 metres, which will fit in with the large setback of the abutting dwelling at 5 Alpaca Court.


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The designated building envelopes provide an opportunity for the creation of a small garden in both lots. In particular, the 12 metre setback of Lot 2 will allow room for appropriate landscaping which can be used to ‘soften the degree of visual bulk from the street.

The desired future character for the precinct is to strengthen the bush garden qualities. However, the proposed lots, and indeed most of Alpaca Court is devoid of bush garden settings. This is likely to be because the construction of dwellings has been done in recent times. In time, the character of the streetscape will be set with gardens becoming more established.

Overall, the two lot subdivision proposed on the medium sized site will respect the objectives of the Kangaroo Flat residential character policy and won’t detract from the character of the existing streetscape.

Amenity Issues

One objector is concerned about potential overlooking of their property at 5 Alpaca Court. If a single storey dwelling was constructed, overlooking issues are unlikely. It is true that if a double storey dwelling was constructed, issues of overlooking could arise. Overlooking towards this property from Lot 2 would be moderate due to the slope of the land but in any event can be managed in accordance with the relevant Rescode standard(at the Building permit stage), such as controlling the design and location of windows, balconies and patios. Future tree screening and use of fence extensions or other techniques could be used if necessary to minimise potential overlooking issues.

Rescode

The application has been assessed as satisfactorily addressing the objectives and standards of ResCode as contained in Clause 56 of the Greater Bendigo Planning Scheme.

Traffic Safety and Car Parking Issues

The objectors are concerned that the proposed subdivision will present significant traffic congestion in Alpaca Court, due to increased on-street parking and traffic movements. The objectors’ concerns are heightened due to the narrowness of Alpaca Court and the amount of vehicles that currently park in the court. One rental property that abuts the site to the west appears to have a number of tenants, who park their cars in the court, thus causing limited space for visitor parking.

The issue of visitor parking can be problematic in a court setting, particularly because vehicles are unable to park in the court bowl. However, there is room to park vehicles nearer the top of the court or indeed, in Aspinall Street.

Both lots are sufficiently large to accommodate car spaces for any future dwellings that may be constructed on the lots.


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The traffic likely to be generated by two additional residential lots amounts to approximately twenty traffic movements per day. These traffic volumes are acceptable to the City's Traffic Engineer. It is considered that two additional dwellings within Alpaca Court will not cause any adverse impact on traffic congestion or safety.

Devaluation of Properties in the Neighbourhood

Devaluation of property is not a town planning consideration as has been repeatedly tested at VCAT.

Conclusion

For the reasons above, it is considered that the proposed subdivision does comply with the Planning Scheme and a permit should be granted.

Options

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

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 a two lot subdivision at 4 Alpaca Court, Kangaroo Flat subject to the following conditions:

1. PLANS TO BE ENDORSEDThe plans to be endorsed and which will then form part of the permit are the plans submitted with the application.

2. LAYOUT PLANSThe subdivision, as shown on the endorsed plans, must not be altered without the prior written consent of the responsible authority.

3. BUILDING ENVELOPESThe plan of subdivision must include a building envelope restriction in accordance with the endorsed plan. No dwelling or garage may be constructed outside the building envelopes shown on the endorsed plan.

4. PROVISION OF SERVICESThe owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authorities’ requirements and relevant legislation at the time.

5. EASEMENTS


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All existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

6. REFERRAL OF PLANThe plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with section 8 of that Act.

7. DETAILED DRAINAGE PLANSPrior to the certification of the plan of subdivision under the Subdivision Act 1988, 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 then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include:(a) Direction of stormwater run off.(b) A point of discharge for each lot.(c) Independent drainage for each lot.

8. STORMWATER DETENTIONPrior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge:

Lot 1 Q10 = 4.3l/sLot 2 Q10 = 4.3l/s

9. STORMWATER QUALITYBefore the use or development is commenced, the owner or applicant must provide a stormwater treatment system to achieve the Best Practice Environmental Guidelines storm water quality (Victoria Stormwater Committee 1999) in accordance with plans and specifications to the satisfaction of the responsible authority.

Or

The responsible authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $750 or such amount applying at the time of payment.

10. DRAINAGE WORKSPrior to the issue of the statement of compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority.

11. SECTION 173 AGREEMENTPrior to the issue of a statement of compliance, the owner must enter into an agreement with the responsible authority under section 173 of the Planning and Environment Act 1987. The agreement must provide for the following:


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(a) All systems must be designed by a qualified engineer and must be approved by the responsible authority before construction.

(b) All systems must be installed before, or concurrently with, the development of a building on the site.

(c) All systems must be completed before they are connected to Council's drainage system.

(d) All systems must be maintained by the owner and must not be modified without the written approval of the responsible authority.

(e) The owner must allow authorised Council officers to inspect any system on the site from time to time.

(f) The owner must pay all costs associated with the construction and maintenance of any system on the site.

Should the applicant opt not to install a stormwater quality system on site the references to treatment system may be omitted from the S173 Agreement.

12. PUBLIC ASSETSBefore the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb and channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

NOTES:

CONSENT FOR WORK ON ROAD RESERVESThe applicant must comply with:(a) The Road Management Act 2004.(b) Road Management (Works and Infrastructure) Regulations 2005.(c) Road Management (General) Regulations 2005.with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

VEHICLE CROSSINGS(a) Any driveway must be 1 metre clear of any power/light pole.(b) Any driveway must be 1 metre clear of a stormwater pit.(c) Vehicle crossings need to be at 90º to the road and the property boundary.


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Attachment 1: Proposed Plan of Subdivision


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2.8 SUBDIVIDE LAND INTO 2 LOTS - 1088 MCIVOR HIGHWAY, JUNORTOUN




Summary/Purpose

This application seeks approval for a two lot subdivision at 1088 McIvor Highway, Junortoun. One abutting neighbour has objected to the subdivision principally because of concerns relating to neighbourhood character and access issues.

A central issue in relation to the permit application is the compatibility of the two newly created lots with the surrounding neighbourhood.

The site is zoned for low density residential purposes. It is considered that the subdivision meets the requirements of the Planning Scheme and a development plan should be approved and a permit should be granted.

Policy Context


1. Built and Natural EnvironmentStrategic Objectives: Value, conserve and enhance the rich built and natural environment. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality urban design to create environments that

support public wellbeing and economic success.

Report


Application Date: 6 September 2011

Applicant: A T Small

Land: 1088 McIvor Highway, JUNORTOUN

Zoning: Low Density Residential ZoneAbuts Road Zone Category 1

Overlays: Development Plan Overlay 4Environmental Significance Overlay 1Land Subject to Inundation OverlayVegetation Protection Overlay 2


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The site is located within a low density residential area on the south side of McIvor Highway in Junortoun. A dwelling and associated outbuildings are located on the northern part of the site. The site is irregular in shape and has a 70 metre wide frontage to McIvor Highway.

Splitters Creek traverses the southern end of the site. A dam is located on the abutting land, approximately 6 metres from the south eastern boundary of the site. The site is mostly cleared of native vegetation except for a remnant patch which adjoins Splitters Creek and a smaller patch in the south eastern corner. Lot sizes along McIvor Highway range from 1 to 5 hectares. A neighbouring dwelling is located near the south eastern boundary of the site.

The site is located approximately 2.5 kilometres from the Junortoun Post Office/General Store and 8.5 kilometres from the Bendigo CBD. Local facilities include a primary school, secondary school and recreation reserves. A bus service to and from the CBD is available on McIvor Highway.

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

Proposal

The applicant seeks approval of a Development Plan to subdivide the land into 2 lots, with both lots having an area of 1 hectare. It is proposed to subdivide a piece of land off from the existing dwelling to create a new vacant lot suitable for a dwelling in a low density residential setting.

A dwelling and associated outbuildings and wastewater system will be retained on Lot 1. Both lots will be accessed from the McIvor Highway.


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The site is in the Low Density Residential Zone and is wholly affected by the Development Plan Overlay 4 and Vegetation Protection Overlay 2 and partially affected by the Environmental Significance Overlay 1 and Land Subject to Inundation Overlay controls. A permit is required to subdivide land pursuant to the zone, the Environmental Significance Overlay 1 and Land Subject to Inundation Overlay controls. 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:


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 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)


Salinity and erosion risk policy (clause 22.04)


Decision guidelines (clause 65) Referral and notice provisions (clause 66)


Referrals

The following authorities and internal departments have been consulted on the proposal:


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Referral Comment

Powercor No objection subject to conditions

Department of Sustainability and Environment

No objection subject to conditions

North Central Catchment Management Authority

No objection subject to one condition

VicRoads No objection subject to one condition

SPI PowerNet No objection – no conditions

Drainage (Internal) No objection - no conditions

Environmental Health (Internal) No objection, subject to inclusion of notation on permit.

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 one objection wasreceived, with the grounds of objection being:

Proposed subdivision will impact on the site’s semi-rural setting.

Proposed subdivision not in keeping with surrounding frontages and housing density for several kilometres.

Proposed subdivision will increase access points to and from the McIvor Highway, which will increase safety concerns.

Proposed subdivision will set a precedent for surrounding allotments.

A consultation meeting was conducted, but the issues were not resolved at the meeting. The applicant submitted an amended plan showing a new layout of the proposed lots. The amended plan was informally re-advertised to abutting neighbours. The original objector submitted an objection on the same grounds as the previous one. The objection is discussed below.

Planning Assessment

Development Plan Overlay

The site is affected by the Development Plan Overlay 4 which seeks to manage densities in the Low Density Residential Zone. Having regard to the DPO provisions it is noted that the requirements most pertinent to this application are whether: the proposed subdivision is in keeping with the existing neighbourhood character; the lots are able to retain their wastewater within the lot boundaries; the lots can be appropriately serviced; existing remnant vegetation can be retained.


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In relation to neighbourhood character, the site is located on McIvor Highway, between Homebush Drive to the west and Bennetts Road to the east. McIvor Highway is comprised of lots that range in area from one to five hectares thus creating a semi-rural setting. The lots which have been developed are characterised by large dwellings and generally wide setbacks. Lots to the north of McIvor Highway are generally orthodox in shape, while the shape and size of lots to the south tend to be irregular and varied. The minimum lot size in this part of Junortoun is one hectare. Large stands of native vegetation follow the path of Splitters Creek to the rear of the site, which reflects a sense of spaciousness in a semi-rural setting. 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. Under the Planning Scheme provisions, there are currently no policy statements that indicate a preferred neighbourhood character for McIvor Highway in Junortoun.

It is proposed to subdivide the eastern part of the lot off from the existing dwelling and create a new lot suitable for a dwelling. While Lot 1 will retain the existing access point from McIvor Highway, Lot 2 will require a new access point from the north eastern corner of the lot. Both lots will have an area of one hectare. The frontages of both lots to the McIvor Highway will be narrower than most lots in the surrounding area.

The objector is concerned that the proposed subdivision will impact on the semi-ruralcharacter of the area, and subsequently set a precedent for similar development type in the future. Further concern was placed on the proposed frontages and housing density not being in keeping with the surrounding area.

In response to the objector's concerns, it is considered that a precedent has already been set for a diverse range of low density residential lots along this section of McIvor Highway. The shapes of lots abutting the site are irregular and the frontages along the south side of McIvor Highway are generally quite diverse. As stated earlier, the frontages of the proposed lots and the future construction of a dwelling on Lot 2 will have little impact on the existing semi-rural character of the area. The proposed subdivision will not alter the existing backdrop of native vegetation along Splitters Creek.

Wastewater

In respect to the management of wastewater on the site, reticulated sewerage is unable to be provided. 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. Appropriate conditions would be placed on the permit, should one be issued.

Services

Both lots are able to be serviced with reticulated water, power and telecommunications. There is currently no gas service in the area.


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Traffic

The objector is concerned that an additional access point from McIvor Highway to Lot 2 will pose future safety problems for traffic travelling along the highway. As the site abuts a Category 1 Road, being McIvor Highway, there is a trigger for the application to be referred to VicRoads. The authority did not foresee any issues with the proposed subdivision, subject to the access point to Lot 2 being located in the north east corner of the site.

Native Vegetation

The native vegetation located in the southern part of Lot 1 will be retained. These trees will continue to provide a pleasant backdrop to the site. The rear portion of the site is affected by the Environmental Significance Overlay and Land Subject to Inundation Overlay. As a result, the application was referred to the North Central Catchment Management Authority and the Department of Sustainability and Environment. Neither authority objected to the proposed subdivision.

Overall the following points support the approval of the application, having regard to the Development Plan Overlay.

The proposed subdivision is generally in keeping with the semi-rural character of the area.

Both lots meet the minimum lot size of one hectare.

Both lots are capable of retaining wastewater within the lot boundaries.

All services, with the exception of wastewater and gas, are able to be provided to the site.

There is to be no removal of vegetation from either of the lots.

Conclusion

The proposed subdivision meets the requirements of the Planning Scheme and the development plan should be approved and a permit should be granted.

Options

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

Attachments

Objection

RECOMMENDATION

Pursuant to Section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolves to approve a Development Plan and to issue a Permit for a two lot subdivision at 1088 McIvor Highway, Junortoun subject to the following conditions:


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2.

LAYOUT PLANSThe subdivision, as shown on the endorsed plans, must not be altered without the prior written consent of the responsible authority.

3. PROVISION OF SERVICESThe owner of the land must enter into agreements with the relevant authorities for the provision of water supply, electricity and telecommunication services to each lot shown on the endorsed plan in accordance with the authorities’ requirements and relevant legislation at the time.

4.

EASEMENTSAll existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

5.

REFERRAL OF PLANThe plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with section 8 of that Act.

6.

NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITYThe finished floor level of the proposed dwelling must be constructed a minimum of 300mm above the declared flood level.

7.

VICROADSAll access to Lot 2 of the subject land from the McIvor Highway must be via the existing shared double crossover at the north east right of way boundary.

8.

DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT(a) Except with the further written consent of the responsible authority,

upon the advice of the Department of Sustainability and Environment, no vegetation removal may be undertaken.

(b) All earthworks, access tracks, building foundation benches and service trenches are to be designed, constructed, stabilized and maintained to prevent soil erosion.

9.

POWERCOR(a) The plan of subdivision submitted for certification under the Subdivision

Act 1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act.

(b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event


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that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

(c) The applicant shall: Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor.

(d) The applicant shall: Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

(e) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations.

(f) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules.

NOTE:

ENVIRONMENTAL HEALTHBefore a building permit is issued for any works at the property, a septic tank permit to install must be issued by the responsible authority.


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Attachment 1: Proposed plan of subdivision


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Attachment 2: Aerial of proposed plan of subdivision showing location of vegetation


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2.9 GREATER BENDIGO PLANNING SCHEME AMENDMENT C166 PART 2 -ANOMALY AMENDMENT - 401-405 HIGH STREET GOLDEN SQUARE -ADOPTION OF AMENDMENT FOLLOWING PANEL REPORT


Author Emilie Johnston – Council Projects Planner


Summary/Purpose

Amendment C166 Part 2 seeks to rezone land at 401-405 High Street in Golden Square from the Special Use Zone 3 to the Residential 1 Zone.

This report recommends Council adopt Amendment C166 Part 2 to the Greater Bendigo Planning Scheme, in keeping with the recommendation of the Minister for Planning's Independent Panel, and refer the Amendment to the Minister for Planning for Approval.

Policy Context

Council Plan 2009-2013 (Update 2012)


1.10 Provide clear planning policy direction and work to improve systems so that sound decisions are made promptly for land use and sustainable development.


The Amendment forms part of a Council initiated amendment to correct a number of zoning and overlay errors. Council resolved at its meeting of 21st March 2012 to split Amendment C166 into 2 parts, and requested that the Minister for Planning appoint an independent Panel to consider a submission to what was now Part 2 of the amendment.

Part 1 of C166 has since been approved by the Minister for Planning.


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Report


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Land Affected by the Amendment

The subject site is at 401-405 High Street, Golden Square. The site was previously the 3BO radio station site; and is approximately 2000sqm, located on the corner of High Street and Bay Street.

The land is zoned partly Residential 1 Zone and partly Special Use Zone 3 – which is reflective of its previous use for radio broadcasting. The surrounding area is primarily residential, with predominately single detached dwellings, with some unit developments.

The site currently contains a single storey brick building.

Figure 1: Aerial map showing subject site.

What the Amendment Does

Amendment C166 seeks to correct zone or overlay errors in the Planning Scheme. These may have derived from historic land sales, uses, or mapping errors over time. Part 2 of this Amendment specifically relates to the aforementioned property. The proposed amendment will rezone the land to Residential 1 Zone, which is considered to be the appropriate Zone for the land following the cessation of the Special Use (radio broadcasting).


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Social, Economic and Environmental Effects

The proposed Amendment will not have significant economic, environmental or social effects. The Amendment will have positive economic and social effects by allowing residential uses as-of-right, which is consistent with the surrounding land use, as well as precluding some non-residential uses that may cause issue within a predominately residentially zoned area. The Residential 1 Zone will also however allow for some non-residential uses such as medical centres – which is currently what the building is being used for.


The Amendment was exhibited for one month from 10th November to 12th December 2011.

Notice was provided in the following manner:

Individual notices to all owners and occupiers of land affected by the Amendment. Notices to prescribed Ministers under Section 19(1)(c) of the Planning and

Environment Act. Notices to all authorities materially affected under Section 19(1)(a) of the Act. Public notice of the Amendment in the Bendigo Advertiser on 9th November. Publication of the notice of the Amendment in the Government Gazette on 10th

November. Access on-line

Two submissions were received during the exhibition period. One from Sweett Group on behalf of High Street Properties and one late submission which Council resolved on 21 March 2012 not to accept. The submission from Sweett was the catalyst for the separation of the Amendment into 2 parts.

The submission from Sweett acknowledges that a Special Use Zone 3 is no longer appropriate for the site. The submission suggests that, given the site has historically been used for non-residential uses, that the land should continue to operate for commercial businesses. It is therefore advocated by the submitter, that a business zoning is more appropriate change for the land. The submission highlights a number of non-residential uses along High Street and argues that rezoning the subject site to Residential 1 Zone does not provide for economic and sustainable use of the site and would not produce an economic benefit.

The Panel Hearing

The Minister for Planning appointed an Independent Panel to consider the Amendment. The Hearing was held on 18 June 2012 and was attended by the City of Greater Bendigo and the submitter. The Panel has considered all written and oral submissions and material presented to it in connection with the Amendment.


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The Panel Report and Recommendations

The Panel Report was received on 16th July 2012 and contained one recommendation. The recommendation read: Amendment C166 Part 2 to the Greater Bendigo Planning Scheme should be adopted as exhibited (ie. rezoned residential).

This decision was derived from the Panel’s conclusion which contained the following points:

The Special Use Zone 3 is no longer an appropriate zone for the subject site; A history of non-residential uses on the site does not in and of itself suggest that a

residential zone in inappropriate in going forward; There is adequate guidance and direction provided in State and Local Policy to

consolidate retail and commercial activity in established activity centres including the nearby Golden Square Village centre; and

There is adequate guidance and direction provided in Local Policy to indicate that a residential zone is the most appropriate for the subject site.

Conclusion

The property at 401-405 High Street, Golden Square is currently zoned Residential 1 Zone and Special Use Zone 3. The Special Use Zone is no longer considered appropriate and the Amendment seeks to rezone the land to Residential 1 Zone. During exhibition, one submission was received – suggesting that the land would be more appropriately zoned for business uses.

In summary; it is recommended that the Amendment be adopted as exhibited for the following reasons:

The Special Use Zone 3 is no longer an appropriate zone for the site; The land surrounding the subject site is predominately residentially zoned; The existence of some non-residential uses along High Street does not suggest that

a Residential 1 Zone is inappropriate for the subject site; The decision to rezone the land to Residential 1 Zone is strategically justified by

state and local policies as well as the MSS and local documents including the Bendigo Residential Development Strategy and the Commercial Land Strategy;

The Panel recommends adopting the Amendment as exhibited.

Options

Council has the option of: Adopting the Amendment in accordance with the Panel's Recommendations.

OR Abandoning the Amendment.


There will be minimal affect on the future resources of the Responsible Authority.


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The statutory fees payable to the Minister for Planning includes $798 to request approval. A fee waiver will be sought given these are corrections to the Planning Scheme.

Attachments

Panel Report

RECOMMENDATION

That the Greater Bendigo City Council resolves to:

1. Adopt Greater Bendigo Planning Scheme Amendment C166 Part 2 as exhibited.

2. Forward the adopted Amendment to the Minister for Planning for Approval, together with the prescribed information pursuant to Section 31(1) of the Planning and Environment Act, 1987.


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2.10 SUBDIVIDE LAND INTO 2 LOTS - 8 NANKOOR STREET, GOLDEN SQUARE




Summary/Purpose

This application seeks approval for a two lot subdivision of the land at 8 Nankoor Street, Golden Square. Two objections were received as a result of public notice, with one of the objections later being withdrawn. The concerns raised by the outstanding objection relate to the impact of tree removal on neighbourhood character and the wildlife habitat.

The site is within Bendigo’s urban growth boundary and is zoned for residential purposes. It is considered that the subdivision meets the requirements of the Planning Scheme and a permit should be granted.

Policy Context




Report


Application Date: 2 April 2012

Applicant: Shane Muir Consulting Engineers Pty Ltd

Land: 8 Nankoor Street, GOLDEN SQUARE


Overlays: No Overlays


The subject site is located in an established residential area of Golden Square. The site is generally rectangular in shape with an area of 877 square metres. A weatherboard dwelling is located towards the front of the site, with a maximum setback of 12.5 metres.


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An existing access way is located along the northern boundary which leads to a carport and garage which are located in the backyard. There are five native trees in the backyard, including a large lemon-scented gum and four smaller trees.

Services, including reticulated water and sewerage, power, gas and telecommunications are able to be connected to the site. Nankoor Street is sealed with kerb and channel. There is a paved footpath along the site frontage.

Lot sizes in the area range from 500 square metres to 750 square metres. The dwellings in the area tend to be conventional detached family homes. The site is located within close proximity to the Golden Square and Kangaroo Flat shopping precincts, a childcare facility and recreation facilities.


Proposal

The applicant seeks approval to subdivide the land into two lots, with Lot 6A being 396 square metres and Lot 6B being 481 square metres. It is proposed to subdivide the rear yard off from the existing dwelling to create a new vacant lot suitable for a dwelling. The existing dwelling will be retained on Lot 6A, while the carport and garage will be removed to allow access to Lot 6B. Lot 6A will have a new access way constructed along the southern side of the existing access.


The site is in the Residential 1 Zone. A permit is required to subdivide land in the zone. The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application:


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Regional development (clause 11.05) Urban environment (clause 15.01) Sustainable development (clause 15.02) Residential development (clause 16.01) Movement networks (clause 18.02)


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)


Salinity and erosion risk policy (clause 22.04) Golden Square residential character policy (clause 22.15)


Residential subdivision (clause 56) Decision guidelines (clause 65)


Referrals

It is noted that a two lot subdivision does not trigger a referral to any external service authorities. The following internal department has been consulted on the proposal:

Referral Comment


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 initially received, however one was later withdrawn. The grounds of objection are:

The potential loss of native trees in the backyard will compromise the character of the neighbourhood and disturb the habitat of birds, in particular the “swift parrots” and mammals.

Future development on Lot 2 will cause amenity issues for abutting neighbours.


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Devaluation of surrounding properties.

A consultation meeting was conducted; however, the issues were not resolved.

Planning Assessment


The site is located within Precinct 4 of the Golden Square residential character policy. The precinct is described as:

“… mostly developed between the 1950s to 1980s with some exceptions, (and) isone in which the horizontal emphasis of dwelling form is important, resulting from the long, low elevations of the buildings in relation to their height. Most have reasonably spacious front and side setbacks with established gardens. This sense of spaciousness is emphasised by low or transparent front fences, or, in some cases, absence of a fence”.

The desired future character for the precinct is to maintain the garden setting and the spaciousness of the streetscape.

Nankoor Street generally reflects the description of this character policy. The types of housing in Nankoor Street are generally a mixture of older modest sized weatherboard and brick dwellings with reasonable front and side setbacks. Most properties have low front fences. Gardens tend to be small to medium in size. A small number of medium sized native trees are scattered in the rear of a few backyards along the street.

It is proposed to subdivide the rear yard off from the existing dwelling to create a new vacant lot suitable for a dwelling. There are five trees in the backyard, including a large lemon–scented gum and four small to medium native trees. The design response does not refer to the anticipated loss of the native trees on the site.

The objector is concerned that the potential loss of native trees in the backyard will compromise the character of the neighbourhood and disturb the habitat of birds, in particular the “swift parrots”, insects and mammals. The objector believes that the removal of trees will jeopardise the ‘wildlife corridor’, principally because of the site’s proximity to the area of remnant vegetation in Aspinall Street.

There is no trigger in the Planning Scheme which requires a planning permit to remove trees in this residential environment. The existing Lemon-Scented Gum is relatively large and in recent times has shed two large branches, one of which fell onto an outbuilding in the backyard. The applicant states that there is to be no removal of the trees as part of this subdivision. However, it is assumed that most of the trees will need to be removed to accommodate a dwelling on Lot 6B in the future.

Having regard to the site description, design response and the objector's concerns, it is considered that the proposed subdivision is in keeping with the neighbourhood character for the following reasons:


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The streetscape currently reflects a sense of spaciousness, with generous front and side setbacks and low fences. This sense of spaciousness will not be compromised as any future development on Lot 6B will be reasonably concealed behind the existing dwelling.

The gardens in Nankoor Street, including the site, are typically small to medium in size. The existing garden on the site will not be altered, except for the crossover from Nankoor Street which will need to be widened slightly. This will have little impact on the existing character of the street.

The loss of the Lemon-Scented Gum and/or the other native trees from the site will undoubtedly alter the streetscape to a certain degree. Currently, the canopies of the trees, in particular, the Lemon-Scented Gum can be viewed from the street. There is potential for the owner of Lot 2 to construct a dwelling and establish a garden which will respect the existing streetscape in the future.

There is sufficient room to locate a car space behind the front line of the existing dwelling.

Reasonable side setbacks can be maintained, in accordance with the character policy.

The proposed lots sizes of 396 and 481 square metres are generally in accordance with the lots in the area.

The trees on the site are unlikely to be significant habitat for the swift parrots or indeed other birds or mammals.

Amenity

The objector is concerned that the privacy for surrounding lots will be compromised by the proposed subdivision. If a single storey dwelling was constructed, overlooking issues are unlikely. It is true that if a double storey dwelling was constructed, issues of overlooking the abutting lots could arise. Overlooking towards the abutting properties from Lot 6B would be minimal due to the gentle slope of the land but in any event can be managed in accordance with the relevant Rescode standard (at the Building permit stage), such as controlling the design and location of windows, balconies and patios. Future tree screening and use of fence extensions or other techniques could also be used if necessary to minimise potential overlooking issues.

Rescode

The application has been assessed as satisfactorily addressing the objectives and standards of ResCode as contained in Clause 56 of the Greater Bendigo Planning Scheme.

Devaluation of Properties in the Neighbourhood

Devaluation of property is not a town planning consideration as has been repeatedly tested at VCAT.


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Conclusion

For the reasons above, it is considered that the proposed subdivision does comply with the Planning Scheme and a permit should be granted.

Options


Attachments

Objection

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 a two lot subdivision at 8 Nankoor Street, Golden Square subject to the following conditions:


2. LAYOUT PLANSThe subdivision, as shown on the endorsed plans, must not be altered without the prior written consent of the responsible authority.

3. PROVISION OF SERVICESThe owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authorities’ requirements and relevant legislation at the time.

4. EASEMENTSAll existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

5. REFERRAL OF PLANThe plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with section 8 of that Act.

6. DETAILED DRAINAGE PLANSPrior to the certification of the plan of subdivision under the Subdivision Act 1988, 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 then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include:(a) Direction of stormwater run off.


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(b) A point of discharge for each lot.(c) Independent drainage for each lot.

7. STORMWATER DETENTIONPrior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority.

Or

The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $1000 or such amount applying at the time of payment.

8. STORMWATER QUALITYBefore the use or development is commenced, the owner or applicant must provide a stormwater treatment system to achieve the Best Practice Environmental Guidelines storm water quality (Victoria Stormwater Committee 1999) in accordance with plans and specifications to the satisfaction of the responsible authority.

The responsible authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $750 or such amount applying at the time of payment.

9. DRAINAGE WORKSPrior to the issue of the statement of compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority.

10. SECTION 173 AGREEMENTShould the applicant opt to install an on-site stormwater detention system or water quality treatment system then, prior to the issue of statement of compliance, the applicant/owner must enter into an agreement under section 173 of the Planning and Environment Act 1987. Such agreement must covenant that:(a) The system shall be designed by a qualified engineer and must be approved

by the responsible authority prior to construction.(b) Each system must be constructed either prior to, or currently with, the

construction of any building on the specified lots. (c) The system must be completed prior to connection to the responsible

authority’s drainage system. (d) The owner will maintain each system and not modify without prior written

approval from the responsible authority. (e) The owner shall allow duly authorised officers of the responsible authority to

inspect the system at mutually agreed times.(f) The owner will pay for all costs associated with the construction and


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maintenance of the system.

11. PUBLIC ASSETSBefore the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb and channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

NOTE:

CONSENT FOR WORK ON ROAD RESERVESThe applicant must comply with:(a) The Road Management Act 2004.(b) Road Management (Works and Infrastructure) Regulations 2005.(c) Road Management (General) Regulations 2005.with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.


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2.12 CONSTRUCTION OF 26 DWELLINGS AND SUBDIVISION WITH COMMON PROPERTY - 443-445 HIGH ST & 110-110A PANTON STREET, GOLDEN SQUARE


Author Shannon Rosewarne, Senior Planner


Summary/Purpose

The proposal seeks approval for the subdivision and development of the land at 443-445 High Street and 110-110A Panton Street, Golden Square with 26 dwellings in the form of three, two storey apartment blocks. The development will comprise 14 one bedroom dwellings, 11 two bedroom dwellings and one three bedroom dwelling.

Four objections were received as a result of public notice, with three of the objections later being withdrawn. A consultation meeting was held with the remaining objector, however the objection was not able to be resolved. The concerns raised by the objector include amenity impacts such as noise, loss of privacy, odour, light, overshadowing, inadequate fencing, insufficient parking, visual bulk and density.

The key issues are: Whether the proposal responds well to neighbourhood character; Whether the proposal will adversely affect the residential amenity; Compliance with some aspects of ResCode.

The proposal meets the policy vision for higher density development within existing urban areas on suitably located and serviced sites. The proposal generally complies with the objectives of Rescode but does not meet all standards.

With some minor changes to the site layout and elevations as conditions of permit, on balance the proposal will meet the requirements of the Planning Scheme.

This report recommends that Council resolve to issue a Notice of Decision to Grant a Permit subject to conditions.

Policy Context


1. Built and Natural EnvironmentStrategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities.


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Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report

Application No: DSD/764/2011

Application Date: 29 September 2011

Applicant: Tomkinson Group

Land: 443-445 High St & 110-110A Panton St, GOLDEN SQUARE


Overlays: Nil


The subject site comprises five titles. The site has a total area of 3,254.5 square metres with a frontage of 38.14 metres to High Street and 24.06 metres to Panton Street. It is an irregular shaped site. A drainage easement exists midway through the site, running north to south.

The land at 443-445 High Street is presently vacant, with building permits issued in 2010 allowing demolition of a dwelling on each of the lots. The lots at 110a and 110 Panton Street are each occupied by a single storey weatherboard dwelling.

The adjoining lots are all occupied by a single storey dwelling, constructed of either brick or weatherboard.



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Proposal

The proposal involves the construction of three double storey apartment blocks with associated car parking and common areas.

Building 1 will front Panton Street and will be sited parallel to the northern boundary. It will comprise 6 two bedroom dwellings and one three bedroom dwelling, each with a garage or carport. Each dwelling will have an area of private open space.

Building 2 is located centrally within the site and will be sited parallel to the northern boundary. It will comprise 5 two bedroom dwellings which will each have a single garage or carport. Each dwelling will have an area of private open space.

Building 3, which fronts High Street, will comprise 14 one bedroom dwellings, with uncovered car spaces for each of the dwellings immediately to the east of the building. The ground floor dwellings will have small courtyards while the first floor dwellings will have balconies. A front fence is proposed along High Street with pedestrian paths to each of the ground floor dwellings.

The buildings will be constructed of hebel panels with a rendered finish and will feature stained timber cladding. Large aluminium framed windows will feature on the front facades of the buildings. Roof forms will be a low skillion type hidden behind parapets on the front and side elevations.

Vehicle access to the site will be via Panton Street. Six visitor car spaces will be provided.




Settlement (Clause 11) Regional planning strategies and principles (Clause 11.05-4) Neighbourhood and subdivision design (Clause 15.01-3) Housing (Clause 16) Residential development (Clause 16.01) Integrated housing (Clause 16.01-1) Location of residential development (Clause 16.01-2) Housing diversity (Clause 16.01-4) Housing affordability (Clause 16.01-5)


Housing (Clause 21.06)

Local Planning Policies

Golden Square Precinct 5 (Clause 22.15)


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Zone Residential 1 Zone (Clause 32.01)

Other Provisions

Two or more dwellings on a lot (Clause 55) Residential subdivision (Clause 56) Referrals (Clause 66) Approval of an application or plan (Clause 65.01) Approval of an application to subdivide land (Clause 65.02)


Referrals


Referral Comment

Powercor No objection subject to conditions

Coliban Water No objection subject to conditions

Telstra No objection subject to conditions

Tenix No objection subject to conditions

VicRoads No objection, no conditions.

Traffic & Design No objection subject to conditions


Public Notification

The application underwent advertising twice, as the original application was amended after the first round of advertising to include subdivision and some changes to the site layout. On both occasions, the application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers.

The first round of advertising resulted in four objections being received. The second round of advertising attracted a further submission from one of the original objectors.

Three of the four objections were resolved after negotiations by the applicant. One of the withdrawals is conditional upon the following:

That the developer constructs a 1.9m high wall along the boundary between 110 and 108 Panton Street. The wall is to be solid in nature and have acoustic merits such that it prevents/reduces noise transmission between the two properties.

The wall shall be owned and maintained by the body corporate of the development.

The developer will construct a solid and secure temporary wall between the properties when the existing tin shed is removed.


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That lighting within common car parking areas shall be directed downwards so as not to cause glare into neighbouring properties.

The upper storey windows of the dwellings that have an outlook to 108 Panton Street shall be treated in such a way that it is not possible to see below the roofline of the existing dwelling at 108 Panton Street. This can be achieved by either frosting the glass of installing canopy type screens.

The window to the toilet of the dwelling which fronts Panton Street shall be frosted glass.

The concerns raised in the remaining objection are:

Density of the development;

Visual bulk and setbacks to High Street;

Insufficient car parking;

Increased noise;

Privacy impacts relating to some windows and inadequate boundary fencing;

Odour.

The grounds of objection are discussed below.

Planning Assessment

State and Local Planning Policies

The proposal accords with State and Local policies at Clause 16.01 (Residential development) and Clause 21.06 (Housing) which encourage infill development in residential areas with access to existing infrastructure and transport.

Objectives of the Municipal Strategic Statement (MSS) seek to provide for a range of housing types to meet the diverse needs of Bendigo’s population, and promote more intensive residential development within the central city, suburban centres and along key arterial routes. The site is well located on High Street and the development will add to the available housing choice in the Golden Square area, providing for smaller dwellings and lots to meet the needs of some sectors of the community.

The site forms part of an established residential area in Golden Square which is within the Urban Growth Boundary. It is located within a Residential 1 Zone which allows for a range of densities. The site is within close proximity to a bus stop on High Street (route 1 Bendigo – Kangaroo Flat), is approximately 260 metres from a linear trail along the Bendigo Creek and within 650 metres of other local parks, and approximately 1.1 kilometres from local shops at Golden Square and 1.8 kilometres from shops at Kangaroo Flat. Nearby there is a milkbar, medical centre and gym.


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The proposal is a quality architectural design which offers a high level of articulation and will make a positive contribution to the streetscape, consistent with Clause 15.01-2 (Urban design principles). The proposal is consistent with State policy on energy and resource efficiency (Clause 15.02-1) which seeks to improves efficiency in energy use, promotes consolidation of urban development and integration of land use and transport, improve efficiency in energy use through greater use of renewable energy and supportslow energy forms of transport such as walking and cycling.

The development has been designed to maximise solar access opportunities.

The site falls within the area covered by the Golden Square Residential Character Policy (Precinct 5) contained at Clause 22.15 of the Local Planning Policy Framework. Interestingly, only part of the street is contained within a residential character policy. The character description for the precinct is as follows:

“This precinct, mostly developed between the 1950s-1970s, is one in which consistency of siting of dwellings is important. Most share the same standard front set back, and mostalso have spacious side setbacks with established gardens including mature trees. Thissense of spaciousness is emphasised by low or transparent front fences or, in some cases, absence of a fence. Mature trees in reserves or private gardens often dominate the skyline. The horizontal emphasis of the dwelling form is also important, resulting fromthe long, low elevations of the buildings in relation to their height.”

The statement of desired future character is to strengthen the garden setting and spacious qualities of the streetscape. Assessment of the proposal against the design objectives of the policy is as follows:

Objectives Recommended Design Response

To encourage additional planting of trees to achieve the future preferred character of the area.

Retain existing high canopy trees and understorey wherever possible. Prepare a landscape plan to accompany all development proposals.

Comment: The existing trees on the site will be removed to facilitate the development. A landscape plan has not been submitted, however, a detailed landscape plan will be required as a condition of permit with a requirement for the planting of semi advanced trees within the Panton Street front setbacks. Advanceplantings should also be required within common areas adjacent to the shared driveway, to will be maintained by the body corporate.

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

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


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Comment: The adjoining dwellings fronting High Street have setbacks of 5.5 metres and zero, therefore the average is 2.75 metres. The proposed setback to High Street is 3.5 metres. The proposal complies with this requirement.

The adjoining dwellings on Panton Street have front setbacks of 8.19 and 9.9 metres respectively, therefore the average is 9 metres. The proposed setback to Panton Street is 4.52 metres. The proposal does not comply with this requirement, however it is acknowledged that setbacks in the street vary from 5.5 to 10 metres.

The issue of the Panton Street setback was discussed with the applicant, who advised that the setback could be increased by 1.2 metres by reducing the floor area of the three bedroom dwelling. This would result in a minimum front setback of 5.72 metres to Panton Street which is more in keeping with the existing development in the street. The building has been designed to address Panton Street with a balcony at first floor level and an entrance below. This will be addressed by permits conditions.

To reflect the existing rhythm of dwelling spacing.

Buildings should be setback between 1 and 3 metres from both side boundaries, based on the predominant pattern in the streetscape.

Comment: Building 3 will have side setbacks of 1.41 metres to the northern boundary and 2.27 metres to the southern boundary. The minimum required setback to the north eastern boundary is 1.82 metres under Rescode, with a condition of permit requiring this setback to be modified. Building 1 will have a setback of approximately 1.6 metres to the north eastern boundary and 7 metres to the southern boundary. This building is required to be setback a minimum of 2 metres under Rescode, which will be specified as a condition of permit.

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

Respect the predominant building height in the street and nearby properties. Use low pitched roof forms.

Comment: The development comprises three two-storey buildings. While the surrounding dwellings are single storey in height, there are some examples of higher developments nearby at 447-449 High Street and 435-439 High Street. The building at 447-449 High Street is a red brick building built on the front title boundary. The building was a former hotel, now used as a shop, and dates to approximately 1910. The building at 435-439 High Street, now used as a gym, was a former factory and is also built to the front boundary. It features a gable roof form and a high front wall. As such, the height of the development is comparable to other nearby developments in the street.

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

In streetscapes where weatherboard predominates, render, bag or paint brick surfaces.


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Comment: Weatherboard and brick are the predominant building materials used in the surrounding developments. The proposed buildings will be masonry constructed with a rendered finish, featuring stained timber cladding. A colour schedule will be required as a condition of permit.

To maintain the openness of the streetscape.

Provide low or open style front fencing up to a maximum of 1.2 metres.

Comment: A front fence to High Street is proposed. The fence will have a maximum height of 1.5 metres. It is recommended that the design of the fence be modified to ensure it better reflects the style of the development as a condition of permit.

Rescode Assessment


This section of High Street, bound by Oak Street to the south and Poplar Street to the north, is characterized by a wide road reserve carrying four lanes of traffic, exotic street trees and dwellings constructed mainly during the post war period, in addition to a gym and a milkbar. Setbacks vary due to the various building styles and forms, although the setbacks of the post war dwellings are generally more uniform and roof forms of these are typically hipped.

The proposed development is a contemporary design which presents to both street frontages. The development integrates car parking with buildings and dwelling entries relate to the street. While the design of the development is not reflective of the predominant 1950s-70s development in the area, the design response draws on elements of nearby commercial buildings on High Street in terms of its scale. The height of the development is acceptable in a residential context.

The eastern elevation of Building 1 which fronts Panton Street could be further articulated through the introduction of an additional material or variation in colours and modifying window sizes on the upper storey to ensure it is more responsive to the surrounding residential development. These changes can be required as a condition of permit.

The site layout provides opportunities for landscaping throughout the development. A detailed landscape plan will be required as a condition of permit and semi advanced trees will also be required as a condition of permit.

Density

The proposal will achieve a higher density of development than presently exists along this section of High and Panton Streets, however the site is considered suitable for a medium density development given its proximity to a range of services and facilities and public transport.


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Amenity Impacts

Overlooking and Privacy - There is potential for some overlooking from the upper storey windows to the adjoining properties private open space. A condition of permit will require treatment of the upper storey windows such as screening or obscure glazing to any part of the window below 1.7 metres from the floor level to prevent overlooking.

A 1.8 metre high timber paling fence exists along the side boundaries of the site. The developer has agreed to construct acoustic fencing along part of the length of the northern boundary to address concerns of neighbours at 108 Panton Street regarding privacy and noise. The fence height will be 1.9 metres.

Overshadowing - There will be no overshadowing to the adjoining properties to the north, with minimal overshadowing to the adjoining properties to the south. The proposal complies with the Rescode standard for overshadowing.

Visual Bulk - The development has been designed to minimize the visual bulk which would affect the adjoining properties. No walls are proposed to be built on the site’s boundaries and setbacks to the streets and boundaries have been staggered to articulate the building. The first and second floors of Buildings 1 and 2 have been staggered to reduce the visual impact to adjoining properties.

Setbacks - As outlined above, the proposal meets the required front setbacks to High Street, however the setback to Panton Street does not comply with the standard under Rescode. As stated previously, the setback to Panton Street can be increased to 5.7 metres, which will be more in keeping with the setbacks of existing developments in the street. The setbacks of Buildings 1 and 3 to the north east boundary should be increased to 2 metres and 1.82 metres respectively, to comply with Rescode. These changes canbe required as a condition of permit.

Noise - The proposed development is likely to result in an increased level of noise due to the density proposed, but it is not expected that noise levels will result in unreasonable amenity impacts on the adjoining properties and any noise from the development would be of a residential nature.

However, to address the concerns of the adjoining owners at 441 High Street, it is recommended that the proposed pedestrian path from High Street adjoining this site be deleted, and a path only be provided from the car park to the entrance to the end dwelling, with the remaining area between the northern side of the building and the boundary being fenced and landscaped. A pedestrian link to High Street will be maintained adjacent to the southern boundary of the site and each of the ground floor dwellings fronting High Street will have pedestrian access to the street.

Odour - While the adjoining neighbour is concerned about potential odours from the development, including fumes from vehicles and cooking, the development is not likely to generate unreasonable amenity impacts.


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Site Layout

On Site Amenities - Bin storage is within the common property at two locations on the site. Mailboxes for the ground floor dwellings in Building 3 will be incorporated into the front fence. Mailboxes will be required to be shown on the site plan for the remaining dwellings.

Private Open Space - An area of private open space will be provided for each of the dwellings. The ground floor dwellings in Building 3 will have a small courtyard, while the first floor dwellings will have a balcony. Each of the dwellings in Buildings 1 and 2 will have rear courtyards.

While the development does not meet the standard of 40 square metres of private openspace with a minimum dimension of 3 metres at ground level, nor do the balconies meet the dimensions and area required, the development will provide for a reasonable level of private open space and amenity for residents of the development.

Public Open Space Contribution

A public open space contribution of 5% of the value of the land will be required as a condition of permit, as the development will result in a more intensive use of the existing public open space.

Drainage

The development will be required to provide for onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority, as a condition of permit.

Traffic, Access and Car Parking

Access to the site is proposed via Panton Street. VicRoads will not allow vehicular access to the site from High Street. The site will be accessed via a single shared driveway with the proposed crossover being 4 metres wide.

A pedestrian path is proposed along the southern boundary, linking Panton and High Streets, for use by residents of the development. However it is recommended the path be deleted up to the end of the boundary with 112 Panton Street and the driveway width be increased, as vehicles reversing from Building 1 are likely to cross onto the footpath. A vehicle passing area should be provided adjacent to car space No. 20. These changes will be required as part of a modified site plan.

The proposal meets the Rescode requirements for car parking provision. The one bedroom apartments will have one uncovered car space each, located conveniently at the rear of Building 3. Dwellings in Buildings 1 and 2 will each have a garage or carport. Six visitor car spaces will be provided, located between Buildings 1 and 2.

The City’s garbage and recycling trucks will not access common property, therefore garbage and recycling bins must be picked up by a private collection service. This will be required by a condition of permit.


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Conclusion

This is a case in which Council is required to balance the often competing interests of maintaining residential character whilst providing for additional housing in line with City of Greater Bendigo's Residential Strategy.

While some aspects of the development do not comply with Rescode standards, overall the development meets the objectives and the site is suitable for a multi unit residential development given its location, with access to public transport, services and facilities and is located in an area supported by the City's Residential Development Strategy.

It is recommended that Council resolve to issue a Notice of Decision to Grant a permit, subject to conditions.

Options


Attachments

Objection

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 26 dwellings and a 26 lot subdivision with common property at 443-445 High Street and 110a-110 Panton Street, Golden Square subject to the following conditions:

1. MODIFIED PLAN REQUIREDBefore 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) Increase front setback of Building 1 to 5.72m to Panton Street(b) Increase setback of Building 1 to north east boundary to 2m(c) Increase setback of Building 3 to north east boundary to 1.82m(d) Further articulation to the eastern elevation of Building 1, such as variation

in colours and materials. (e) Deletion of the pedestrian path to the north of Building 3 from High Street

up to the entrance on the north east elevation of the dwelling on Lot 301, and provision of landscaping in this area.

(f) Provision of fencing between Building 3 and the north east boundary.(g) Deletion of the pedestrian path from Panton Street to the end of the

boundary with 112 Panton Street.(h) Provision of signage at the south eastern and north western ends of

Building 1, adjacent to the driveway, indicating that the driveway is a shared


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vehicle and pedestrian zone.(i) Increase in width of crossover to 5m, and width of driveway to 5m for the

first 7m.(j) Increase in the width of the driveway adjacent to car space no. 20 to

provide for a vehicle passing area.(k) Provision of permanent fixed screening with no more than 25%

transparency or obscure glazing to upper storey windows on the north east elevations on each of the buildings.

(l) Provision of an acoustic timber fence along the north east boundary to a height of 1.9m adjoining 108 Panton Street.

(m) Modification to the design of the front fence to suit the contemporary style of the development.

(n) Provision of mailboxes and bin enclosures.(o) Provision of storage sheds for each of the dwellings in Buildings 1 and 2.(p) Provision of bicycle parking.

2. LANDSCAPE PLAN REQUIREDBefore 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 three copies must be provided. 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

(d) Provision of semi advanced canopy trees (minimum two metres tall when planted) within the landscaped areas of the common property and in the front setbacks of the dwelling fronting Panton Street.

(e) Provision of bollard lighting sited to minimize glare to adjoining properties

3. NO LAYOUT ALTERATIONThe 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.

4. SCHEDULE OF MATERIALSPrior 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.

5. LANDSCAPING MAINTENANCEThe 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.

6. COMPLETION OF LANDSCAPINGBefore the occupation of the development starts or by such later date as is


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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.

7. GENERAL EXTERIOR TREATMENTThe 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.

8. 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.

9. CONSTRUCTION PHASEAll activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the responsible authorityand all care must be taken to minimise the effect of such activities on the amenity of the locality.

10 BAFFLED LIGHTINGOutdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

11 DETAILED DRAINAGE PLANSPrior to the certification of the plan of subdivision under the Subdivision Act 1988, 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 then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include:(a) direction of stormwater run off (b) a point of discharge for each lot(c) independent drainage for each lot

12 STORMWATER DETENTION Prior to the connection of any building to the responsible authority’s drainage system, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority.Allowable discharge Rate

Q100 = 50 l/s Q5 = 23 l/s

13 DRAINAGE WORKSPrior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in condition 11 above.


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14 SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEMPrior to the issue of a Statement of Compliance, the applicant/owner must enter into an agreement under section 173 of the Planning & Environment Act 1987.

Such agreement must covenant that:(a) The onsite detention system must be completed prior to connection to the

responsible authority’s drainage system.(b) The owner will maintain each on-site detention system and/or treatment

system and not modify without prior written approval from the responsible authority.

(c) The owner shall allow duly authorized officers of the responsible authority to inspect the systems at mutually agreed times.

(d) The owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system.

Should the applicant opt to not install a stormwater quality system on site the references to treatment system may be omitted from the section 173 agreement.

15 REDUNDANT VEHICLE CROSSINGAny unused or redundant vehicle crossings are to be removed, the naturestrip restored and the kerb and channel reinstated to the relevant profile.

16 CITY OF GREATER BENDIGO ASSETSBefore the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb & channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

17 VEHICLE CROSSINGSVehicular 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.

18 SEALED CAR PARKAreas 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.

19 USE OF CAR PARKING AREAS


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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.

20 VISITOR PARKINGVisitor parking spaces as shown on the endorsed plans must be clearly marked or signed as visitor parking spaces to the satisfaction of the Responsible Authority.

21 SECTION 173 AGREEMENTPrior to the issue of a statement of compliance for the subdivision, the owner/subdivider must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act, 1987. This agreement must be registered by the owner/subdivider pursuant to Section 181 of the Planning and Environment Act 1987 on the titles to all the lots resulting from the approval of the subdivision and costs of preparation by City of Greater Bendigo’s solicitors and registration must be met by the owner/subdivider. This agreement must provide for the following:(a) The owners of lots within the subdivision must make private arrangements

for the collections of domestic garbage refuse and recyclable materials.(b) Any dwelling constructed on the lots created in this subdivision must be in

accordance with the dwellings approved by planning permit DSD/764/2011.(c) Upon the subdivision of the land, the establishment of a Body Corporate to

ensure the continued maintenance of services and infrastructure provision within the land, including roads, all elements of the stormwater drainage and retention system, footpaths, naturestrips and landscaping.

(d) That the Body Corporate will enforce a control that vehicles under the ownership or control of any occupant of a dwelling within the subdivision must not be parked on the common land, including in any of the visitor car spaces or the designated turning area.

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

23 NO MUD ON ROADSIn 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.

24 PUBLIC OPEN SPACE CONTRIBUTION The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988.

25 TELSTRAThe plan of subdivision submitted for certification must be referred to Telstra in accordance with section 8 of the Subdivision Act 1988.

26 TENIX


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The plan of subdivision submitted for certification must be referred to SP AusNet (Gas) in accordance with section 8 of the Subdivision Act 1988.

27 POWERCOR(a) The plan of subdivision submitted for certification under the Subdivision Act

1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act.

(b) The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.

(c) The applicant shall where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered electrical contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System.

(d) The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments that have been required.

(e) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations.

(f) Any construction work must comply with the Officer of the Chief Electrical Inspector “No Go Zone” rules.

28 COLIBAN WATER(a) The applicant or owner is required to provide reticulated water and

sewerage services to each of the proposed residential apartments/lots within the subdivision/development site. Services are to be provided in accordance with Coliban Water’s specifications.

(b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

(c) The owner is required to reach agreement with Coliban Water to comply with any requirements arising from any effect of the proposed development on Coliban Water assets.

Telstra NoteApproval does not cover alterations to existing Telstra plant or network. Locations of existing network can be obtained from Dial Before You Dig – Ph: 1100

For co-ordinated Telstra plant reticulation in this development, please refer to www.telstrasmartcommunity.com to register your development and apply for reticulation.


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City of Greater Bendigo Asset Planning & Design Note

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.

CONSENT FOR WORK ON ROAD RESERVESThe applicant must comply with:(a) The Road Management Act 2004,(b) Road Management (Works and Infrastructure) Regulations 2005, and(c) Road Management (General) Regulations 2005with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this note on this planning permit is not deemed to have been notified of, or to have given consent, to undertake any works within the road reserve as proposed in this permit.


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Proposed Plan of Subdivision


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Proposed Site Layout Plan


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Proposed Elevations – Building 1


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Artist impressions


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High Street Streetscape

Panton Street Streetscape


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2.13 BUILDINGS AND WORKS FOR ALTERATIONS AND EXTENSION TO AN EXISTING BUILDING, ADVERTISING SIGNAGE, REMOVAL OF NATIVE VEGETATION, CONSIDERATION OF CAR PARKING PROVISION AND REDUCTION IN BICYCLE FACILITIES - 263-265 HIGH STREET, KANGAROO FLAT


Author Chris Duckett, Co-ordinator Land Use


Summary/Purpose

Planning permission is sought for the redevelopment of the existing Bunnings Warehouse building at 263-265 High Street, Kangaroo Flat. Associated with the redevelopment are extensions and alterations to the building, the erection of new signage, removal of native vegetation, reduction in bicycle facilities and consideration of car parking.

The key issues under consideration are:

Economic impact of the proposal; Whether the design response is appropriate; Impact on the environmental values of the area.

This report recommends that the Greater Bendigo City Council refuse to grant a Planning Permit for the application as the proposal is an inappropriate design response.

Policy Context




Kangaroo Flat South Regional Centre Structure Plan as adopted by Council.


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This application was submitted on 17th June 2011. The process of determining the application has been subject to prolonged negotiation to attempt to reach an acceptable outcome.

13th July 2011 Officers requested further information and raised concerns that the proposal does not comply with the Planning Scheme.

11th August 2011 Meeting held with officers at applicant's request.

16th August 2011 Applicant requests and is granted more time to respond to concerns.

27th October 2011 Applicant makes second request and is granted more time to respond to concerns.

30th November 2011 Applicant submits amended plans.

9th December 2011 Officers write to applicant to advise the amended plans still do not comply with the Planning Scheme.

19th December 2011 Applicant makes third request and is granted more time to respond to concerns.

16th February 2012 Second meeting held with officers at applicant's request.

18th February 2012 Applicant makes fourth request and is granted more time to respond to concerns.

19th April 2012 Applicant makes fifth request and is granted more time to respond to concerns.

15th June 2012 Applicant writes to the City to advise that the amended plans submitted to Council on 30th November 2011 have addressed concerns and the proposal complies with the Planning Scheme.

Report

Application No: DC/425/2011

Application Date: 17 June 2011

Applicant: Joestra Pty Ltd

Land: 263-265 High Street, KANGAROO FLAT

Zoning: Business 1 Zone

Overlays: Nil


The subject site is a large rectangular block of land with an area of 3.15 hectares which has frontages to High Street and Railway Street. Located on the site is the existing Bunnings warehouse. The primary access to the site is from High Street.

The topography of the site varies considerably. The area where the existing warehouse is sited is relatively flat but there is a fall in the region of 2-3 metres towards the High Street frontage and there is a steep incline towards Railway Street in the region of 6-7 metres.


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The site currently has the following configuration: Retail warehouse - 5,085m2

Outdoor nursery - 1,643m2

Timber trade sales - 1,476m2

Timber storage yard - 1,035m2

In addition, the site has a large, undeveloped vegetated area of 8,909m2 fronting Railway Street and a large area of car parking to the south and east of the site with a total of 226 spaces.

The surrounding area comprises the following: South - Centro Lansell Shopping Centre North - Industrial units fronting Phillips Drive East - Residential units beyond High Street West - Railway line beyond Railway Street.

Figure 1: Location map showing subject site.

Proposal

The application states that it is proposed to extend the existing floor area of Bunnings from 9568m2 to 14,454m2 which would be configured as follows:

Retail warehouse – 8,128m2 (increase of 2,974m2); Outdoor nursery -1,375m2 (decrease of 268m2) located 12m from High Street; Enlarged bagged goods area adjacent to nursery – 1,542m2 ; Timber trade sales – 1,908m2 (increase of 432m2) located on the undeveloped

portion of site;


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New building materials and landscape yard 1506m2 with 8m setback to Railway Street;

The timber storage yard would be removed; Removal of car park (-20 spaces) fronting High Street, provision of new car parking

area to the east (+76 spaces). This gives a net gain of 56 spaces.

The extensions to the building and yard areas would be constructed to a similar scale and materials to match existing. The most noticeable changes to the appearance of the building would be the areas closest to High Street and Railway Street. These are described below with elevation plans attached below.

Western Expansion to High Street

The outdoor nursery currently fronts High Street with a 31m setback to High Street. This setback is currently used for car parking and modest landscaping. The frontage to the outdoor nursery is constructed of a solid painted concrete slab wall ranging from 2m to 3m in height with 3.8m high mesh fencing atop, giving a total height in the range of 5.8m to 6.8m.

It is proposed to locate the new outdoor nursery and bagged goods area 19m closer to High Street. Due to the fall in the land the frontage to the outdoor nursery would result inan increase in height of the wall of 2m. The solid concrete slab proposed would be in the range of 3.6m to 5m in height with 4.15m high louvred panels atop, giving a total height in the range of 7.8m to 9m.

Eastern Expansion to Railway Street

The development of the eastern part of the site will necessitate a significant amount of excavation (approximately 8,000m2) which will have a site cut with a depth in the range of 6-7m. The excavation would result in the need for the construction of retaining walls due to the change in levels. This would result in the building materials yard being sited approximately 7m below natural ground level.

The works proposed would remove the majority of the native vegetation on the undeveloped portion of land fronting Railway Street. The vegetation that will remain will be in an 8 metre setback to Railway Street. The removal of native vegetation is discussed further below.

Due to the level changes there would be minimal presentation of the building to Railway Street beyond the retained vegetation, as street views would be over the loading bay access and material yard and beyond to the main warehouse.

The expansion of this part of the block would also involve the creation of a new parking area.

Removal of Native Vegetation

The vegetation proposed to be removed is a 'patch' of Box-Ironbark Forest, 0.88Ha in size. The vegetation is classified as being of Medium Conservation Significance.


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Car Parking

The Planning Scheme has a required number of 3 spaces per 100m2 of leasable floor area for restricted retail premises. The increased floor area has a requirement to provide 146 new spaces. 56 spaces have been provided. A total reduction of 90 parking spacesis therefore sought.

Advertising Signage

The proposed signage comprises a total of 20 signs of various sizes, the majority of which are directional.




Clause 15 Built Environment Clause 17 Economic Development


Clause 21.07 Economic Development Clause 21.10 Reference Documents

Local Planning Policies

Clause 22.08 Highway Entrances and Boulevard Policy

Other Provisions

Clause 34.01 Business 1 Zone Clause 52.06 Car Parking Clause 52.17 Native Vegetation


Referrals


Referral Comment

VicRoads No objection

Department of Sustainability and Environment

No objection subject to conditions


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Referral Comment

Traffic & Design Has raised some concerns regarding the plans in terms of location of ramp in proximity to Railway Street entrance and size and location and some of the parking bays. See discussion on parking standards below.

Public Notification

The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers.

Further to the notification process 9 letters of support from a wide ranging number of community groups were received, the principal grounds of support were based around:

The proposal will provide greater employment opportunities;

The community will have access to a wider range of hardware, building and household products;

Bunnings are supportive of community groups by allowing sausage sizzles and other fundraising events.

A letter was also received from the owners of Centro Lansell which confirmed:

"….. in principle support for the expansion of the Kangaroo Flat Bunnings site.

We do not have a view on specific design aspects relating to the site however we trust that Council will achieve an appropriate outcome with the proponent which will allow the expansion to proceed."

Planning Assessment

Would the proposal maintain and strengthen the economic competitveness of the retail and commercial hierarchy?

The Kangaroo Flat South Regional Centre is second to Bendigo CBD in the commercial activity centre hierarchy. The City of Greater Bendigo Commercial Land Strategy 2004estimates that 7,330m2 of retail floorspace and 12,870m2 of bulky goods floorspace will be required in the centre by 2021.

This application proposes a total additional floorspace of 4,886m2 and the proposal will therefore be compatible with the City's commercial land strategy and would ensure that the retail centre remains competitive and continues to provide opportunities for business development.

In terms of economic development, the proposal clearly has some positive factors suchas the overall investment and the creation of 30 new permanent jobs.

In this respect the proposal is compliant with economic considerations in clauses 17 and 21.07 and there is no disagreement that the principle of the expansion is appropriate.


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Would the proposal result in an acceptable urban design outcome in light of relevant policies and guidelines?

Clause 15 Built Environment states that "Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value." In addition it is stated that planning should achieve high quality urban design and architecture. The proposal does not do this.

Clause 15.01-2 Urban design principles has the objective of achieving architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. An assessment against the principles set out in this clause is attached to this report. The assessment concludes that the proposal does not provide a satisfactory urban design outcome. This is also discussed below.

Clause 22.08 Highway Entrances and Boulevard Policy applies to land abutting and adjoining some of the key main roads into Bendigo. The policy aims to ensure that new works enhance the overall presentation and appearance of the highway entrance and references the importance of the siting, design, bulk, appearance, materials and colour of any proposed building or works. The proposal will not enhance the presentation and appearance of the highway.

Clause 21.07-2 sets out the commercial strategies for the municipality which include: Ensure that new retail development in the Kangaroo Flat South Regional Centre

incorporates high quality urban design and architecture, with active frontages to the Calder Highway and internal access routes. Pedestrian and cycle paths should be clear and legible to the user.

Encourage Bunnings to develop a new active retail frontage that addresses the Calder Highway.

These strategies evolved out of the Kangaroo Flat South Regional Centre Structure Plan which has been adopted by Council and is a reference document in the Planning Scheme.

The Plan applies to land in the Centro Lansell centre and surrounds and is used to guide development in a co-ordinated manner and provide certainty for landowners and developers regarding development expectations for the precinct.

The Plan has a series of strategic principles which are integral in guiding the implementation of the Structure Plan and assessment of development opportunities. Principles relevant to this proposal include:

Overarching

To define the Calder Highway/ High Street as the premier business and activity address in Bendigo’s south and an attractive entry corridor into the City’s heart.

To draw upon the existing cultural, natural and environmental attributes of the Precinct (and its context) in redefining the ‘look and feel’ of the place.


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Land Use

To provide opportunity to evolve the Precinct as Bendigo’s key Regional Centre within the existing retail hierarchy, serving all of Bendigo and beyond.

To realise development of key strategic sites within the Precinct in an orderly, integrated and timely manner to assist in the redefinition of the Centre.

To continue to provide a core employment focus within the Precinct.

Built form and environment

To establish an urban form that presents positively to the Calder Highway / High Street frontage, and to other secondary thoroughfares including Railway Street.

To ensure that the natural landscape and topographical background to the Precinct remains as a prevailing feature.

To protect and complement the existing established landscape quality of the CalderHighway as the primary southern entry into the Precinct and Bendigo.

To reduce the visual dominance of open surface car parking areas as viewed from the Calder Highway / High Street. To establish a higher order of building scale and design within the Precinct in the longer term that can raise the profile, image and presentation of the Centre.

The Plan also identifies specific areas and provides detailed priorities, strategies and design guidelines to facilitate and guide development in those areas.

One of the areas identified is the retail expansion on the Bunnings site. Relevant to this application the Plan seeks the following:

An improvement in the built form presentation of the frontage to the highway through the development of a high quality, active, retail format in the order of 10m or 2 storeys in scale.

Re-development of the eastern portion of the Bunnings site to accommodate car parking in the short term with a view to supporting retail expansion in the longer term. This retail expansion is to merge with the 'landscape' quality of Railway Street through frontage setbacks of 15m.

This is illustrated in the attachment from the Plan which is produced below.


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The proposal would not comply with the Municipal Strategic Statement (MSS) and the Structure Plan as it does not provide an active retail frontage presentation to the highway. The proposal would have a solid concrete wall ranging in height from 3.6m to 5m. Whilst the current presentation to High Street is also poor, this proposal would increase the height of the concrete wall by around 2m and would be far more prominent due to the building being 19m closer to High Street.

In addition to the solid concrete wall, the proposed western expansion includes a higher level louvered section with an additional height of 4.15m.

The proposed expansion on the eastern side also fails to comply with the Structure Plan. Whilst the principle of expanding Bunnings into the eastern area is supportable under the Plan, there are a number of issues with this element of the proposal.

Firstly the extent of the excavation, site disturbance and loss of vegetation would result in a development which is not site responsive. The Structure Plan envisages a retail expansion as shown in the extract from the Plan below, which would minimise cut and fill rather than maximise the intervention in the landscape as is proposed.

Secondly the siting of the development at 6-7m below ground level would not enable a frontage to Railway Street as is encouraged by the Plan. In addition to these site specific strategies and guidance for the site, the proposal would also conflict with key environmental principles such as maintaining the natural landscape and topographical background to the precinct.

In negotiations with the applicant, officers recognise the difficulties that Bunnings have in fully reconciling their redevelopment plans with the vision and objectives of the Structure Plan.

With this in mind officers offered the possibility of some flexibility in terms of a design response in order to try and facilitate a position where both parties could be mutually satisfied. This may have included removal of the requirement for an active retail frontage to High Street if the design of the western elevation was improved with architectural input with greater articulation and variation in colours, materials and finishes rather than painted concrete slab walls. It was also suggested there may be scope in applying flexibility in terms of provision of a retail frontage to Railway Street if significant improvements to the eastern elevation treatment were to be provided.

The applicant has declined to make suitable amendment and a decision must therefore be made on the plans submitted.

In addition to the aforementioned clauses the proposal would be at odds with the purpose of the Clause 34.01 Business 1 Zone in respect of a failure to implement the State and Local Planning Policy Framework.


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Is the vision of the Structure Plan currently being realised?

This is an important consideration due to the fact that since the inception of the Plan, the City has approved a number of planning applications which achieve outcomes that meet the design guidelines and objectives of the plan. In the case of a number of the applications on High Street listed below, developers and landowners were amenable to working with the City to achieve an appropriate urban design outcome which resulted ina positive presentation to High Street.

Golden Bean Coffee Shop at 227-229 High Street, Kangaroo Flat Harley Davidson Motorcycle Shop at 231 High Street, Kangaroo Flat BWS Liquor Store and Office development at 291 High Street, Kangaroo Flat.

In addition to High Street, applications have been approved on the adjoining Poppet Head Estate which have a positive presentation to Railway Street. However it is accepted that these developments are not in line with the landscape buffer requirements in the Plan. This is due to the fact that a permit to remove the vegetation was granted prior to the publication of the Plan.

It is noteworthy that Bunnings representatives were invited to participate in the development of the Structure Plan and provided with opportunities to review the draft plans and the subsequent Planning Scheme Amendment. Bunnings did not raise any concerns regarding the Structure Plan throughout the process.

Impact on the environmental values of the area

The applicant has submitted an ecological assessment which concludes that the loss of the Medium Conservation Significance vegetation is acceptable from a biodiversity perspective and can be appropriately offset. This conclusion is accepted by officers and by DSE.

However, there is a concern over the impact of the loss of the vegetation on amenity and landscape values in the area.

In addition to the policies set out in the MSS, the vision for the precinct set out in the Structure Plan is defined as follows:

‘To grow the Kangaroo Flat South Regional Centre into Bendigo’s key Regional Centre, comprising a mix of complementary retail, business and employment ‘destination’ uses and related residential and ‘local’ community focussed development that are highly accessible and legible to all, and attractive in the context of southern Bendigo’s natural and landscape setting’.

The importance of the natural environment in the area is therefore recognised. The aforementioned strategic principle to ensure that the natural landscape and topographical background to the Precinct remains as a prevailing feature is particularly relevant.


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It is difficult to see how the intervention of a cut into the landscape of some 6-7m and the resulting loss of vegetation can do anything but result in significant harm to the landscape quality and topography of the area. A more appropriate design response would be one that worked more closely with the existing landscape and retained a greater amount of vegetation for amenity value.

Car parking numbers and layout

The applicant is seeking a reduction of 90 car parking spaces required by the Planning Scheme.

The applicant has provided a statement which says that Bunnings in regional locations generate a peak demand on a Saturday of about 1.70 spaces per 100m2. This equates to a peak requirement in the region of 246 spaces. The overall redevelopment provides for 288 spaces or 1.99 spaces provided per 100m2. Currently the Bunnings store has a car parking ratio of 2.42 spaces per 100m2.

Whilst on face value it may seem reasonable to assume that the additional 56 spaces that are being provided for the extension could accommodate the additional anticipated increase in visitors to the premises, such an assumption has not been backed up by an empirical assessment by a traffic consultant. In the absence of this assessment it is considered that a significant parking reduction for a major extension is not appropriate.

In terms of the design of the car park, the Planning Scheme car parking provisions set in Clause 52.06 have recently been amended to include new design requirements for car parking.

The following design standards are relevant to this application:

Design Standard Summary of relevant requirement

1. Accessways This standard sets out the requirements for new accessways to a site.

2. Car parking spaces

This standard sets out the size requirements for car parkingspaces for a new development.

3. Gradients This standard sets out gradients for accessways and ramps to ensure safety for pedestrians and vehicles.

5. Urban design This standard includes the requirement that ground level parking should not visually dominate public space.

6. Safety This standard seeks to maximise pedestrian safety through amongst other means through the marking and separation of pedestrian routes from traffic in high activity parking areas.

7. Landscaping This standard requires the provision of landscaping and trees and water sensitive urban design treatment in the layout of car parking areas.

The proposal fully meets design standards 1 and 2.


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In terms of standard 3, gradients, the proposed easternmost accessway is steeper than the required 1:10 grade and does not comply with the standard. The applicant's traffic consultant has recognised this and recommends that the ramp be regraded. This could be the subject of a condition should a permit be granted.

The applicant has not provided a response to the urban design, safety and landscaping standards as they assert that they either comply or are not relevant to the expansion of the existing warehouse. Officers do not agree with this assertion. The standards apply to 'the provision of car parking'. Clearly there is the provision of a new car parking area in this proposal. The new car parking area does not provide any pedestrian markings or separation from traffic at all and no landscaping or trees are provided in the new car parking area.

The design of the car parking area is therefore an inappropriate design response which does not cater for pedestrians or provide an appropriate level of landscaping to counter the visual impact of the ground level car parking.

Advertising Signage

Clause 52.05 Advertising Signs has the purpose of ensuring that signs are compatible with the visual appearance of the area and do not adversely affect the safety, appearance or efficiency of a road.

The clause specifies general decision guidelines that Council must consider, as appropriate. These include the impact on the character of the area and on views and vistas, the relationship of the sign to the streetscape, the site and building and the impact on road safety.

The amount of signage proposed is not excessive and is appropriate to the size of the site and amenity of the area.

Conclusion

The principle of the expansion of Bunnings is not in dispute and the economic value that an expansion would bring is recognised. However, as is often the case, planning needs to balance competing interests.

In this instance the proposal will have an unacceptable impact on the streetscape due to the poor design. The applicant is unwilling to pursue amendments which would meet the set design requirements. The proposal is an inappropriate urban design response in the context of the site. It is therefore recommended that Council resolve to refuse the application.

Options



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Attachments

Clause 15.01-2 Urban Design Principles response Letters of support

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Planning Permit for buildings and works for alterations and extension to an existing building, advertising signage, removal of native vegetation, reduction in car parking provision and in bicycle facilities at 263-265 High street, Kangaroo Flat for the following reasons:

1. The proposed development is an inappropriate design response which is inconsistent with the principles of good urban design and is contrary to the objectives and guidelines of the Kangaroo Flat South Regional Structure Plan and Clauses 15, 21.02-4, 21.07-3, 21.10, 22.08, 34.01 and 52.06-8 of the Greater Bendigo Planning Scheme.

2. In the absence of information to indicate otherwise the proposed reduction in car parking would result in an overflow of car parking and undue parking stress in the adjoining Centro Lansell shopping precinct contrary Clause 52.06 of the Greater Bendigo Planning Scheme.


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Proposed Site Plan Proposed High Street Elevation


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Proposed Railway Street Elevation Proposed Side Elevation (Poppethead Estate)


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Proposed side elevation (Centro Lansell)

Economic Development - Reports Ordinary Meeting - 04 September 2012

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3. ECONOMIC DEVELOPMENT

Nil.

Community and Culture - Reports Ordinary Meeting - 04 September 2012

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4. COMMUNITY AND CULTURE

4.1 MUNICIPAL PUBLIC HEALTH AND WELLBEING PLAN


Author Lindy Wilson, Social Planner


Summary/Purpose

To commence community engagement (including community engagement for the Council Plan 2013-2017) for the new Municipal Public Health and Wellbeing Plan 2013 -2017 (due November 2013).

Policy Context

The Local Government Act 1989 states the primary objective of Local Government is to endeavour to achieve the best outcome for the local community, having regard to the long term and cumulative effects of decisions. To this end local councils need to have regard to the social, economic and environmental viability and sustainability of the local area and the overall quality of life and wellbeing of the people in the local community.

The Public Health and Wellbeing Act 2008 requires Local Government to prepare a Municipal Public Health and Wellbeing Plan (MPH&WP) every four years. Each Council has a responsibility to protect, improve and promote public health and wellbeing within their municipality. The MPH&WP is a strategic plan that sits along side and integrates with the Council Plan and the Greater Bendigo Municipal Strategic Statement, as well as other integrated health promotion plans of community health providers. Recent legislative changes have now aligned all these plans, to four year plans due in 2013, following Council elections.


3.7.2 Work collaboratively to promote community safety and healthy living; by undertaking research about the health status and health determinants in Greater Bendigo, to provide the basis for developing the Municipal Public Health and Wellbeing Plan.

Strategy Reference (include weblink as applicable):

Health and Wellbeing Strategy 2009-2013http://www.bendigo.vic.gov.au/News_and_Information/Publications/Documents_listing/Health_and_Wellbeing_Strategy


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Council Policy Reference (include weblink as applicable):

Health and Wellbeing Policy http://www.bendigo.vic.gov.au/News/Publications/Policies

Regional Strategic Plan Reference:

Loddon Mallee Regional Strategic Plan - Southern Region, Strengthen our communities, especially in our small towns by improving community safety, health and wellbeing.http://www.rdv.vic.gov.au/__data/assets/pdf_file/0010/67825/1762-SM-Loddon-Mallee-Regional-Strategy-Plan-40pp-SOUTHERN-FINAL-PROOF10.pdf


Section 24 of the Public Health and Wellbeing Act (PHW Act) 2008 mandates that local government must 'seek to protect, improve and promote public health and wellbeing within the municipal district', by fulfilling a range of functions:

1. Creating supportive environments for health and strengthening the capacity of the community and individuals to achieve better health.

2. Initiating, supporting and managing public health planning processes at the local level;

3. Developing and implementing local policies for health;4. Developing and enforcing up-to-date public health standards;5. Facilitating and supporting local agencies with an interest in local public health;6. Coordinating and providing immunisation services; and 7. Maintaining the municipal district in a clean and sanitary condition.

Local government is ideally placed to develop and implement local policies and actions to address health and the broad range of determinants that influence health. This involves actions in a range of areas, including transport, roads, parks, waste, land use planning, housing and urban planning, recreation and cultural activities, health promotion and creating safe public places.

To achieve this, the PHW Act requires local government to prepare a MPH&WP. The MPH&WP sits alongside and integrates with the City of Greater Bendigo (CoGB) Council Plan, the Greater Bendigo Municipal Strategic Statement and other local plans of community partners with an interest in local public health, including the Primary Care Partnerships and the Healthy Communities Prevention Community Model project. The MPH&WP sets the broad mission, goals, strategies and priorities to promote municipal public health and wellbeing; these, in turn, are intended to inform the operational processes of council and other relevant local organisations.

The PHW Act strengthens this Municipal Public Health Planning role of local government by including evidence, community consultation and evaluation.

The PHW Act requires local government to prepare a new MPH&W plan every four years, and aligns the planning cycle with the CoGB Council Plan so population health becomes a shared goal across all parts of council.

Local Government provides for a diverse range of health and wellbeing needs of the community through all its service areas; many of which are statutory responsibilities. These responsibilities can be classified into the following areas:


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Health protection - regulation of tobacco, alcohol and gaming, immunisation, food/road/bushfire safety and pollution/waste.

Social health strategies - addressing the preventative health needs of population groups considered to be at risk, problem gambling; council representation on peak community groups; Primary Care Partnership collaboration; community transport strategy; regional housing policy; positive ageing. Working in partnership with local health organisations and established local health planning networks on development in these areas.

Public Health emergency management - prevention, mitigation, risk reduction, response and recovery, and influenza and other pandemic planning.

Health improvement/development - health promotion projects, physical activity promotion, healthy nutrition, alcohol, tobacco and other drug programs; sun smart and falls prevention. Promoting healthy lifestyles, opportunities for social connection and community decision-making, participation in the arts and recreation.

Community building initiatives - creating the capacity of individuals and the community to promote health and wellbeing (become more cohesive and resilient). Social inclusion programs, volunteering, health agency support and supply of public health information.

Report

The PHW Act sets out the requirements of the Local Governments Municipal Public Health and Wellbeing Plan which must:

(a) Include an examination of data about health status and health determinants within the municipality;

(b) Identify goals and strategies based on available evidence for creating a local community in which people can achieve maximum health and wellbeing;

(c) Provide for the involvement of people in the local community in the development, implementation and evaluation of the Health and Wellbeing Plan;

(d) Specify how the Council will work in partnership with the Department of Health and other agencies undertaking public health initiatives, projects and programs to accomplish the goals and strategies identified in the public health and wellbeing plan.

(e) Be consistent with the Council Plan and the Municipal Strategic Statement.

The objectives of undertaking the MPH&W Plan for the City of Greater Bendigo are to:

Review the relevancy of existing Health and Wellbeing related policy of the City of Greater Bendigo;

Identify key health and wellbeing issues within the community;

Determine and prioritise actions to improve health and wellbeing outcomes for the City of Greater Bendigo, based on best practice principles;

Determine gaps in current social wellbeing policy of the City of Greater Bendigo.

The strategy outcomes are to prepare a comprehensive and progressive Municipal Public Health and Wellbeing Plan that:


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Satisfies the legislative requirements of the PHW Act, Local Government Act and Climate Change Act;

Has regard to the Victorian Public Health and Wellbeing Plan 2011-2015;

Promotes the strategic directions of Council as identified in the Council Plan and Greater Bendigo 2036 Community Plan;

Aligns and integrates with the Council Plan 2013-2017

Utilises best practice principles;

Is based on thorough and meaningful community engagement;

Identifies the strategic direction for the City of Greater Bendigo’s health and wellbeing;

Includes indicators that will measure the success of the MPH&WP;

Specifies actions to be undertaken over the next 4 years to achieve the strategic direction, including identification of the resources required; and

Aligns with, and provides an overall framework for the local, more specific, health promotion plans that are developed for the same population. (ie Health Plans for: Bendigo Loddon Primary Care Partnership; Women's Health Loddon Mallee; Bendigo Community Health; Heathcote Health; Bendigo Health; and Prevention Community Model).


Local Governments are mandated under the PHW Act to prepare a MPH&WP aligned to the Councils corporate planning cycle. The next MPH&W Plan is due for completion by November 2013. The MPH&WP needs to commence in order for proper planning, development and community engagement.

Options/Alternatives:

Nil as this is a statutory requirement for Local Government under the PHW Act 2008.

Timelines:

The preparation for the MPH&W Plan will commence with the development of an interactive webpage and fact sheets. Workshops will be held in February 2013, with the Plan expected to be completed by October 2013.

Risk Analysis:

Legislation requires the Council to have a Municipal Public Health and Wellbeing Plan and to monitor and review its implementation.


External Consultation:

Community engagement and consultation on the Council Plan and the MPH&WP will be undertaken in the same integrated processes.


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In order to ensure alignment and integration between Council Planning, other health agencies and providers and the PCM model, relationships and partnerships are being established. Consultation to date has included CoGB’s Healthy Communities Team, Bendigo Loddon Primary Care Partnership, Bendigo Health, Bendigo Community Health, Women's Health Loddon Mallee and Heathcote Health. Engagement with these groups and alignment of health planning efforts at both a Municipal scale to Agency level is critical to develop strategies, plans and actions that target all areas Health and Wellbeing.

The development of the MPH&WP will involve extensive community engagement and collaboration. While a detailed Community Engagement Plan and a Communication Plan will be prepared, it is anticipated that the following will be undertaken:

An interactive Health and Wellbeing webpage;

Detailed Fact Sheets on Health and Wellbeing in CoGB will be developed and disseminated widely;

Opportunities for schools, Bendigo TAFE and LaTrobe University to be involved;

Preparation of a series of media articles on health and wellbeing;

Regular meeting/discussions with community health agencies;

Surveys;

Attendance at regular meetings such as the Tourism Board, Positive Ageing Advisory Group etc;

Attendance at 'events';

During February 2013 there will be:

Listening posts at shopping centres;

Establishment of a drop in centre;

Sessions at small towns meetings; and

Focussed and detailed workshops.

Internal Consultation:

The 'whole of organisation' will be involved in the development of the MPH&WP. A cross organisational steering group will be formed to oversee the development of the plan. Key managers will be invited to participate in the workshops in February 2013 and at key stages of the development of the Plan.


A budget allocation of $25,000 has been included in the 2012/13 budget and a further budget allocation will be sought in 2013/14 to finalise the Plan. The MPH&W Plan will be developed in-house by the Strategy Unit, the budget allocation will be used for extensive collaborative engagement.

Projected costs for future financial years:

A detailed action plan will be developed and some actions will require responsible managers to seek an appropriate budget for implementation.


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Conclusion

The Municipal Public Health and Wellbeing Plan is a key strategic plan of the CoGB and mandated by State Government. The MPH&W Plan must be strategically aligned and integrate with the Council Plan and the Municipal Strategic Statement. To further enhance alignment, detailed planning and comprehensive engagement with stakeholder organisations and community members for both the Council Plan and the MPH&W Plan will occur simultaneously. This process will enable greater strategic alignment, consolidated engagement and ensure that MPH & W Plan meet the statutory requirements.

RECOMMENDATION

That the Council endorse the commencement of the community engagement for the new Municipal Public Health and Wellbeing Plan 2013 - 2017.


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4.2 INAUGURAL BENDIGO WRITERS FESTIVAL - POST EVENT SUMMARY


Authors David Lloyd – Manager, The CapitalStan Liacos – Director, City Futures

Responsible Stan Liacos – Director, City FuturesDirector

Summary/Purpose

The purpose of this report is to provide Council and the community with a brief post-event summary and evaluation of the inaugural Bendigo Writers Festival presented within the View Street Arts Precinct between the 10th - 12th August 2012.

The festival appears to have been a success as measured by the responses from audiences and participants; the level of marketing and media coverage received; the higher than anticipated ticket sales; and the level of satisfaction of sponsors and the primary stakeholders.

The festival event was supported by select staff from The Capital, Tourism, Major Events, The Bendigo Weekly, La Trobe University and over 30 volunteers whose passion and professionalism contributed significantly to the success of this inaugural event.

As an inaugural event, the festival was projected to achieve only a modest attendance. The response significantly exceeded expectations for all involved.


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Policy Context – Council Plan

Community and Culture – 3.4 Develop the cultural and creative aspirations of the community to make a significant contribution to the region’s social and economic prosperity and quality of life for all.

3.4.2 Support a diverse and vibrant arts, music and cultural program that challengescommunity thinking and encourages appreciation and participation.

Report

The Bendigo Writers Festival was initially presented to the City of Greater Bendigo as an event concept by Rosemary Sorenson, long-time writer for The Australian newspaper, and now journalist with the Bendigo Weekly, as an opportunity to mark the National Year of Reading.

This event concept was progressively developed and supported by a number of Bendigo organisations. The City of Greater Bendigo collaborated with La Trobe University in becoming the founding presenting partners for the event. The Bendigo Weekly were an additional major sponsor and print media partner with ABC Central Victoria coming on board as another media supporter. Other major sponsors included Bendigo TAFE, The Wheeler Centre and Bendigo Tourism. Host supporters were The Capital, Bendigo Art Gallery, Central Deborah Goldmine, Pondalowie Cellar and Store, Golden Dragon Museum and the Bendigo Wine Growers Association, the Heathcote Winegrowers and individual moteliers who provided accommodation free of charge for our writers.

Held over three days, the event included up to 100 writers and presenters, many from across Australia. Highlight writers included Leigh Hobbs, Ita Buttrose, Don Watson, David Marr and Gideon Haigh and Margo Lanagan. There was also a strong contingent of local writers including Jess Anastasi, John Charalambous, John Holton and Lauren Mitchell.

Events included a schools-based program which was fully subscribed by primary and secondary schools from Bendigo and the region. Saturday and Sunday in particular incorporated a packed program of panel discussion, workshops, keynote presentations, performances and readings. All were well attended and seemingly well received by audiences.

Initial objectives and projections

In developing and presenting the event, our initial objectives were to:

Create a literary event to reinforce the positive positioning of Bendigo as a regional cultural destination to a wide audience;

Develop an event that highlighted the key assets of Bendigo and View Street specifically;

Attract sponsorship support and income through entry charges to offset costs; To attract visitors to Bendigo;


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Explore the opportunities for a recurring event for Bendigo in a relatively quiet time of year;

Provide our community the opportunity to experience an event of excellence and national vision “in their backyard”; and

Engender a sense of civic pride locally.

In our view, these objectives were well met.

Financial Results – Income and Expenditure

Income/revenue generated by and for CoGB by the event was approximately:

Revenue

Box Office 27,500Sponsorships (various) 40,000

TOTAL REVENUE 67,500

Expenses

Staffing (event specific) 6,700Equipment Hire 1,500Performance Fees and Programming 23,500Advertising / media / marketing 50,000Hospitality and associated 5,200

TOTAL EXPENDITURE 86,900

NET COST -19,400

Note: These costs do not include ticketing and venue rental fees incurred that would otherwise have been charged by The Capital. These costs were considered contributions to the event given CoGB was a presenting partner.

Note: Excludes permanent staffing costs (which are provided for generally and are not event-specific).

In staging this inaugural event, the City of Greater Bendigo achieved an unfavourablefinancial result of approximately $19,000. This was generally in line with budget forecasts and is considered a solid base to work from.

Promotional activities undertaken

Strong editorial support was provided through local media primarily the Bendigo Weekly, ABC Central Victoria and Bendigo Advertiser;


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Quality design was developed through local designers which was used on all marketing materials including brochures, programs, advertisements, banners and t-shirts;

Publicity undertaken locally and into Melbourne (particularly The Age); and Regional television commercials aired extensively on WIN TV throughout the

prominent Olympics coverage. Social media (i.e Facebook and Twitter) promotions and updates from event

organisers writers and participants.

Attendance and statistics

2,050 tickets were sold over the festival with participants attending over 50 events including workshops, panel sessions, book launches, performances, readings, and keynote sessions across five venues;

640 primary and secondary students and teachers attended writing and illustrating presentations, workshops and book launches as part of Text Marks the Spot on Friday 10th August;

Up to 100 writers and presenters took part in the festival; and

Up to 30 volunteers participated in the event.

Feedback

Anecdotally, feedback received was generally very positive.

Some specific emailed responses are included below:

Congratulations on a swinging, humming, buzzing festival. And congrats to all the volunteers and other good folk who made it happen. You've re-invented Bendigo for us city folk - Janine Burke, author

To those involved with the development of the idea of the inaugural Bendigo Writers Festival and all aspects of its organisation, my heartfelt congratulations.It was a fantastic weekend in many ways. The quality of the speakers, the organisation, the helpful volunteers, and the number of participants that were attracted to the event all added up to something that definitely needs to be repeated. Well done everyone! - Pat Schotz, comment via feedback Bendigo Writers Festival website.

Thanks for a fabulous festival. Highlights for me were Margo Lanagan and Alex Miller, and the concert with Arnold Zable and the woman with the fantastic voice. I will certainly come again -Kathy Haas, comment via feedback on Bendigo Writers Festival website.

You must by now be convinced that your Festival was an outstanding success,and also highly enjoyable - Judith Armstrong, author

I want to thank you for the opportunity to participate in the Bendigo Writers Festival. It really was very enjoyable as a presenter, panellist and audience member - Clare Kennedy, writer and reviewer

Well done on everything and THANK YOU for trusting me with one of your big-name writers (Alex Miller). I was thrilled to talk to him - Fiona Parker, ABC Central Victoria


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Thank you for organising such a great event. Another score on the calendar for Bendigo and great to have an all Australian cast. I had a Sunday pass and was glad to be able to dip in and out of sessions - Anita Lowe, comment via feedback on Bendigo Writers Festival website.

I just wanted to tell you that I had a really wonderful time on the weekend and thank you very much. I thought it was a really great first Bendigo Writers Festival. It could not have been better organised. Great venues too with the lovely cafes across the road. I really enjoyed the two events that you had arranged for me which were really terrific, and with great responses from the audience from both sessions. A very lovely opportunity yesterday to speak about my writing with Jennifer Jones in our session, and to do a reading. So thank you very much for inviting me, and to all of the people involved for a really fantastic festival and opportunity to have a good time in Bendigo - Alexis Wright, author

Congratulations on such a successful festival. We had a wonderful time. There was such a fantastic atmosphere- I hope you were able to soak up at least some of it! The lunch set-up in the gallery looked amazing, and the Capital was splendid. Thank-you for your attentions Jacoba, in sourcing sandwiches, coffee, helping with the banners etc- you were wonderful.And Rosemary, it all went so smoothly, which is a testament to all your hard work these past few months. Well done! I do hope you're feeling suitably elated. Please pass our thanks on to Di Dempsey too, who did a great job interviewing Ita. I look forward to working with you all at some stage in the future - Lucy De Kretser, The Wheeler Centre

Just wanted to thank you for including Central Deborah in the Writers Festival this year, it has been great working with you both. I hope that the writers enjoyed it as much as we enjoyed having them here and that they were able to take advantage of the tram tickets we sponsored -Evonne Everingham, Central Deborah Gold Mine

Congrats on the festival, I think it must have been a great success from what I saw - Sue Mooney, Bendigo Library

Just a quick note to congratulate you on such a wonderful start to the festival. We all know how hard it is to get these going, from scratch, and I think you’ve done an extraordinary job. Well done and thanks so much for having me - John Hunter, publisher

I guess you are a mixture of exhaustion and exhilaration - but you deserve to be very proud of the first writers festival -it felt very professional and I had a great time at my gigs - sue (Gillett) and sofia (Ahlberg) were terrific and the winebar (Pondalowie) had an alert and warm crowd -Ross Donlon, poet

Just a short note to congratulate you on a fantastic event. And to thank you for inviting me to be a part of it. I was honoured - Julie Millowick, academic, La Trobe University.

A big thanks to you and everyone associated with the Festival. It was a fantastic event and I can’t remember the last time I enjoyed myself so much - Andrew Grimes, author

Congratulations on such a successful event. You really did Bendigo proud. Congratulations to all the people who made it happen - Deb Allan, comment via feedback the Bendigo Writers Festival website

Simply to say that the Festival was a great success for me: I learned something from every session - even the ones I was in! I thought they went really well, and people I spoke to afterwards confirmed my impression. It was an honour to be invited to contribute. Thank you for your attention and concern - John Flaus, writer and film critic


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Everyone I've spoken to was mightily impressed and entertained and can't wait for the next one -Alex Miller, author

Thanks for all your hard work in making last week end such a success. I thought the festival had a really good vibe. Pretty amazing actually, especially seeing it was the first for Bendigo -Maureen McCarthy, author

The local writing team are literally on cloud nine – so many of their events were well attended and professionally presented. I feel so honoured to have been a part of it - Ian Irvine Bendigo TAFE

Conclusion

The feedback from this inaugural event has been very positive and there appears to be a strong momentum from attendees and stakeholders to support an annual Writers Festival in Bendigo.

The financial commitment was considered a modest yet sound investment basis for an inaugural event positioning itself in an otherwise crowded “festivals” market and we feel that the net cost of the event would reduce over time as the event hopefully grows momentum and awareness.

The event strongly reinforced the brand proposition that Bendigo is credibly building around quality regional cultural experiences and the success of this event can be partially attributed to feeding off the great successes of the international exhibitions held in recent years at Bendigo Art Gallery and other major events in our community.

The timing and placement of this event in winter means that we have a cultural event in Bendigo in an otherwise relatively quiet time on the annual event calendar which all goes well for further developing economic opportunities for the hospitality, retail and related tourism sectors.


Summary of event-specific revenue and expenditure – refer above.

It is recommended that Council budget in the order of $25,000 (net cost) next financial year to support this emerging major event.

RECOMMENDATION

That the Greater Bendigo City Council acknowledge the success of the inauguralBendigo Writers Festival and commit in-principle to support it as an annual ongoing event for the cultural, promotional and economic wellbeing of Greater Bendigo.


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4.3 BENDIGO LIBRARY REDEVELOPMENT - CONSTRUCTION TENDER


Author Marg Allan, Director Organisation Support

Responsible Marg Allan, Director Organisation SupportDirector

Summary/Purpose

The purpose of this report is to recommend that Council approve the fully planned and permit approved major redevelopment of the Bendigo Library by awarding a construction contract to Contract Control Services Pty Ltd for the fixed price sum of $7,557,280 (exclusive of GST).

Policy Context

Council Plan Reference

Council Plan 2009-2013 (Updated 2012)1. Built and Natural Environment

1.1.5 Implement the program of works to develop the extension and refurbishment of the Bendigo Library.

2. Economic Development2.1 Continue to promote Greater Bendigo as a place to live. work and invest.

3. Community and Culture3.4 Develop the cultural and creative aspirations of the community to make a

significant contribution to the City's social and economic prosperity and quality of life for all.

Strategy Reference: Arts and Culture Strategy, Community Arts Space Scoping Study.

Policy Reference: North Central Goldfields Regional Library Agreement outlines the responsibilities of member councils including the provision of buildings for Library services.


3 March 2010 - Council acknowledged the commencement of the Master Plan Project.

1 December 2010 - Council endorsed the final Bendigo Library Master Plan.

21 March 2012 - Planning permit issued for the redevelopment of the Bendigo Library.


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The Bendigo Library offers a highly valued service to the community with over 40,000 members and in excess of 500,000 visitors per annum. The Bendigo Library building, constructed 28 years ago, now requires substantial upgrading and redevelopment to ensure that the region has access to a high quality, contemporary community facility that can keep pace with future trends and opportunities. Since its construction, the building has had no major refurbishment and does not meet current performance codes.

Weekly Library visitors include toddlers and preschoolers attending five story time sessions, the early learning program, researchers utilising the Public Records Office archives, genealogical groups, special education and primary school visits, and all ages using the Library's extensive resources including accessing 25 personal computers on site with free Wifi access.

The Bendigo Library Master Plan was adopted by Council on 1 December 2010, and provides the vision for this project to achieve an elegant, efficient and cost-effective redevelopment. The current Bendigo Library space, the recently vacated office space and the RL Campbell Theatrette, which are all housed within the same building, will be combined to create an expanded Bendigo Library which will be a centre for an increased range of community activities. The redevelopment will create an exciting, contemporaryand ecologically sustainable public facility that directly contributes to more people accessing and benefiting from life-long learning, social connection, literacy, creativity and broader improved key health and wellbeing outcomes. It will also provide community activity and art spaces which meet the well documented and extensive needs of community groups for spaces to meet, create, connect, exhibit, learn and enjoy and, through this, contributing to the health and wellbeing of the community.

The building currently demands ongoing and costly maintenance which will be minimised by this responsible and progressive asset management approach to upgrading and future-proofing of this key public asset.

The project will deliver the following outcomes: Major opportunity for community service integration and cooperation; Significantly increased and improved functionality of the building; Effective space utilisation and internal layout; A safer and more efficient workplace which meets current performance criteria; Improved accessibility services; Creation of an open and vibrant learning resource area; Provide a light, bright and attractive space for the community gatherings; Energy and water saving systems; Additional technology for staff and community members of all ages; More sustainable resource consumption; Improved interface between the Library, Hargreaves Street and the Town Hall; A new home for the Bendigo Volunteer Resource Centre in a highly visible

location; the catalyst for the Goldfields Library Corporation to introduce innovative

technology such as Radio Frequency Identification or RFID, into all GLC libraries in the Corporation. RFID is an automatic identification and tracking method uses for managing collections.


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Report

Building Design

Retention of the shell of the existing structure, planned extension and retrofit was a conscious decision based on the structural adequacy of the building and the ability to embrace environmentally sustainable and energy efficient provisions while delivering a building that can adapt to changing functional use for the foreseeable future.

The redevelopment will provide a modest building extension to the north while retaining a majority of the building structure and the surrounding existing mature trees. The building design replaces the existing single entry with two new entries directly accessible from the footpath on both street frontages. New glazed windows along the northern frontage and extension will improve the visual connections between the interior and exterior whilst providing excellent natural light dispersion into the building. The new 2 storey height façade treatments have been carefully planned to complement the surrounding built environment including the historic Town Hall, improve the street profile and identity of the building with the use of materials, colours and architectural features.

Housed over the two levels, library facilities are to be presented in a contemporary form with colourful furniture and fittings, designed and presented in a manner to challenge the perception of traditional library interiors.

The concept of an internal laneway or street will deliver another dimension to the library by establishing two points of entry, the main address at Hargreaves Street and the secondary entry off Lyttleton Terrace. These entrances will form a more visible connection between the library and the surrounding retail and civic precincts, they will also make the library interior an even more welcoming community space.

The library redevelopment is contemporary in the context of the architecture, but most importantly contemporary in terms of functional and spatial planning for delivery of a broad range of traditional, innovative and creative community programs.

The redevelopment will deliver a quality urban design outcome consistent with principles of the city plan and high profile additions to the CBD that respond to the future demands on community spaces, urban services and programs.

Construction Procurement – Expressions of Interest and Tender

The procurement process to undertake the redevelopment of the Bendigo Library has been staged in two phases, being:

Stage One: Expressions of InterestStage Two: Short-listed Invitation to Select Tender

On 28 April 2012, Expression of Interests were publicly invited. Head contractors were invited to respond to a brief and informed that they would be assessed against the following criteria:


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1.Capability (80%)

1. Demonstrated by completion, to the client’s satisfaction, of development projects of similar size, type and quality, preferably in Regional Victoria.

2. Demonstrated by experience of key personnel in similar projects.

3. Demonstrated by utilisation of local content in similar projects, preferably in Regional Victoria.

4. Demonstrated by annual turnover, number of employees by category, qualifications/certificates and level of insurance cover.

2.Capacity (20%)

Demonstrated by and the ability to undertake the Project within the planned time frame.

Thirty-one (31) expressions-of-interest were received.

A panel comprising the following people undertook the evaluation:

Marg Allan Director Organisation Support (Project Director)Carolyn Macvean Chief Executive Officer Goldfields Library CorporationAndy Walker Manager Building & PropertyDon Goldsworthy City Architect Greg Power Project Manager Onsite Liaison, CoGB Building and Property

ServicesFrank Pavan Project Manager (Pavan Consultants)Joshua Wheeler MGS Architects, Design Architect

Accompanying the panel was Richard Morrison Manager, Contracts and Procurement Coordination, who assisted with processes and probity considerations.

The evaluation panel through a point-scoring process determined that seven (7) shortlisted firms would be invited to selected competitive tender.

These seven firms of well credentialed construction firms were deemed to constitute a very good shortlist from which to invite competitively priced tender submissions.

Tender – Selection of Head Contractor

The seven shortlisted firms were issued detailed documented plans and contract specifications and invited to tender on 2 July 2012 with a closing date of 2 August 2012. The firms were informed that submissions would be assessed against the followingcriteria:

CRITERIA WEIGHTING

A) CAPABILITY

Demonstrated experience Depth of technical skills and knowledge Management and monitoring system

25%


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Organisation systems and processes Quality Assurance System and accreditationEnvironmental Management System and accreditation

B) CAPACITY

Availability of required resources (on time delivery) Financial capacity/security of tenderers Labour Key Sub-contractors Demonstrated system and processes for deploying

resources

15%

C) PRICE/VALUE

Financial – Relative cost to Council Local Content/Partnerships

60%

D) OH&S WORKCOVER & INSURANCES

OH&S system and accreditation Insurance coverage as per City of Greater Bendigo’s

Policy

Pass-Fail

TOTAL 100

Tenderers were asked to submit a base price and then separately price seven (7) items outlined below:

1. Landscaping Works Phase 1 (Lyttleton Tce interface with the library building)2. Landscaping Works Phase 2 (Parkland interface between Library and Town Hall)3. First Floor Public deck (deletion)4. Server Room Redundancy5. Kiosk fit out6. Removal of Hazardous Building Materials7. Blinds/Component Furniture

Tender Evaluation

Tender evaluation was conducted by:

Marg Allan Director Organisation Support (Project Director)Carolyn Macvean Chief Executive Officer Goldfields Library CorporationDon Goldsworthy City Architect Greg Power Project Manager Onsite Liaison, CoGB Building and Property

ServicesFrank Pavan Project Manager (Pavan Consultants)Joshua Wheeler MGS Architects, Design Architect

The panel was assisted by Mr Richard Morrison Manager Contracts and Project Coordination, and Mr John McLinden – Board Member, Goldfields Library Board, who oversaw the evaluation from a probity perspective. Three shortlisted construction firms submitted conforming tender submissions.


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All tender sums were adjusted by removing Options 2 and 4. These Options wereexcluded from the project scope to ensure the project can be delivered within budget. Options 2 and 4 are considered desirable; however not essential to meeting the overall project objectives. Option 3 was accepted which is the deletion of the public deck. Again, this component while desirable is not considered essential to achieving a high quality outcome for the project.

Tenderers were required to submit a VIPP (Victorian Industry Participation Policy) Plan for certification by ICN (Industry Capability Network) prior to lodging their tender. This is a requirement of the State Government Funding Agreement for the project and relates to the percentage of “local content” each tenderer undertakes to work towards.

Interviews were conducted with two tenderers to discuss in detail a range of matters requiring clarity and commitment, including a commitment to quality; involvement of key personnel; construction program, construction management, completion dates and maximising local trade and materials. Following the two interviews on 15 and 17 August 2012, the unanimous conclusion of the evaluation panel was that the Head Contractor Contract Control Services Pty Ltd achieved the highest assessment score and was therefore deemed the “preferred tenderer”.

On Monday 20 August 2012, the Project Director and other representatives of the evaluation panel met with the Director of Contract Control Services Pty Ltd to finalise contract negotiations. At the conclusion of the meeting there were no issues to change the initial evaluation, therefore Contract Control Services Pty Ltd remains the preferred tenderer to be recommended to Council.

Contract Control Services Pty Ltd has been in operation for over 30 years. It has extensive experience in a wide range of construction projects as a mid tier firm particularly in the area of public facilities, with a focus on research and development in building systems and delivery methods. The firm has in excess of 100 employees and has offices in Kensington and Benalla.

Their construction portfolio demonstrates over three decades of experience in public facilities construction with numerous redevelopments including:

6 packages of school projects through Building the Education Revolution Kyneton Library, Bowling Club and Mechanics Institute redevelopment Scots Church Assembly Hall Redevelopment Aitken College Performing Arts Centre Penleigh and Essendon Grammar School Gymnasium and Arts Centre Mernda Village Community Activity Centre Dandenong Market Redevelopment Nilumbik Civic Centre Refurbishment Healesville Memorial Hall Redevelopment

The firm is currently finalising several school redevelopment projects in this region which has provided them with extensive knowledge and experience with local sub-contractors. The tender identifies a wide range of local sub-contactors to be engaged in this project.


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Consistent with the commitment to achieve high environment standards on this project, the preferred tenderer has indicated that their Recycling Plan for this project will show at least 90% of all waste from the construction site will be recycled.

Project Delivery

The project has a dedicated project management group that has been responsible for all specific dealings on the project. It has been directly involved in community engagement, liaison with Goldfields Library Corporation and strong collaboration with the project consultants. The group has maintained a strong community focus, with attention to detail seeking to optimise the available funding.

The same team will oversee the physical delivery of the development, thereby ensuring the design and functional intent of the project is achieved.

Timelines

The Construction Contractor is scheduled to be on-site by mid-September 2012, withcompletion of construction, and recommencement of operations on site by December 2013.

Continuous Service Delivery

A commitment has been made to continue to deliver library services during construction. Due to the financial and time benefits of being able to provide the Construction Contractor with a dedicated site, the decision was taken to relocate the service to temporary venues. This is being achieved at a combination of sites principally, 96 Pall Mall Bendigo (the former Advertiser building site) and 202 Hargreaves Street (the adjacent Tea Rose Bakery). The Bendigo Library closed on Saturday 25 August 2012 and will reopen in the temporary site (Advertiser Building) on Monday 17 September 2012.

The Bendigo Advertiser and Tea Rose Bakery required considerable refurbishment to meet public facility standards including installation of a temporary lift, carpet, airconditioning, plastering, painting and removalist costs. The expenditure related to the decanting process has been undertaken as a pre-works package, estimated at $330,000.After use for library purposes, there is an amount of fittings (such as air conditioning units) to the value of $30,000 that will be salvaged and available for re-deployment in other community facilities.


Throughout the project the engagement with stakeholders has been of prime importance. Project communications include:

Project Bulletins distributed to over 300 people on the Project's Register of Interest Articles in the Greater Bendigo News, distributed to approximately 55,000

households Regularly updated display in the foyer of the Bendigo Library Media briefing and media releases Direct communication to Library patrons


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Regular advice to key stakeholders (including neighbours) Many group and individual meetings to seek input and provide information


Funding parties for the Construction Phase of the contract are as follows:

Victorian Government 2,750,000City of Greater Bendigo 5,117,160Goldfields Library Corporation/Philanthropic 1,200,000Tenant – kiosk fit out 40,120Bendigo Volunteer Resource Centre 20,000

----------------$9,127,280

----------------

The expenditure for the Construction Phase is as follows:

Head Contractor 7,557,280Headworks charges 10,000Furniture, Equipment, Internal Signage 430,000Project Contingency Provision 400,000Sub- total 8,397,280Professional Fees Incl Project Management 310,000De-canting (in progress) 330,000Re-canting 90,000

----------------$9,127,280

----------------

Philanthropic funds listed as revenue above of $200,000 are unconfirmed at this stage. The project team has a target to generate these funds and is working hard to achieve this result.

Details of the Total Project Cost for the life of the project are shown in Attachment 3. This includes all concept, design, tender, community consultations costs already incurred, together with the current budget and estimated costs in future years to undertake construction and complete the project.

Attachments

1. Architects Visual Impression - External Image2. Architects Visual Impression - Internal Image3. Total Project Costing


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RECOMMENDATION

That the Greater Bendigo City Council approves the construction of the fully planned and permit approved major redevelopment of the Bendigo Library by awarding a construction contract to Contract Control Services Pty Ltd for the fixed price tendered sum of $ 7,557,280 (exclusive of GST).


PAGE 161


PAGE 162


PAGE 163

Task 2010/11 Actual 2011/12 Actual 2012/13 Estimate 2013/14 Estimate Total $

Project Consultants 64,544 474,293 305,053 111,530 955,420De-Cant/Re-cant 14,864 315,136 90,000 420,000Building Contract 6,075,000 1,482,280 7,557,280Other Construction Costs 202,860 637,140 840,000TOTAL 64,544 489,157 6,898,049 2,320,950 9,772,700

Funding source 2010/11 Actual 2011/12 Actual 2012/13 Budget 2013/14 Estimate Total $State Government 450,000 2,210,000 90,000 2,750,000Library Corporation 50,000 510,000 500,000 1,060,000Philanthropic 200,000 200,000BVRC 20,000 20,000Tenant 40,120 40,120Total Ext Revenue 500,000 2,720,000 850,120 4,070,120

Carry Forward 362,373 362,373

Council Nett Cost 64,544 12,373 3,815,676 1,447,614 5,340,207TOTAL 64,544 512,373 6,898,049 2,297,734 9,772,700

Capital Revenue

Capital Expenditure

Bendigo Library Redevelopment Total Project Costings30 August 2012

Our People, Our Processes - Reports Ordinary Meeting - 04 September 2012

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5. OUR PEOPLE, OUR PROCESSES

5.1 DEFINED BENEFITS SUPERANNUATION LIABILITY


Author Marg Allan, Director Organisation SupportTravis Harling, Manager Finance


Summary/Purpose

To provide an update on the Defined Benefits Superannuation Liability issue and afunding proposal.

Policy Context

Council Plan 2009-2013 (Updated 2012)

4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.


The City of Greater Bendigo (COGB) is required to contribute to Vision Super's Defined Benefits Superannuation Scheme shortfall of $453M resulting from an Actuarial Review undertaken on 31 December 2011. COGB's share of the shortfall is $8,765,178 plus contributions tax of $1,546,796, a total of $ 10,311,974. The amount is due and payable on 1 July 2013.

At the meeting of Council on 25 July 2012, Council resolved to:

1. adopt Option 1 on page 5 of the report which requires extensive lobbying of the Federal and State Governments to change the status of the Scheme to transition back to a state-managed scheme and therefore remove the requirement to ensure full funding.

2. nominate the Mayor, Councillor Alec Sandner, to represent Council on the MAV taskforce to articulate its strong position on this issue.

3. require a further report to consider proposed funding models after formal notification has been made by Vision Super.


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4. write to Vision Super and advocate to not back date any interest on the COGB share of the shortfall.

5. write to the MAV requesting:a. that the MAV prepare a report on the impact of this issue on all organisations

with defined benefits members within Victoria, andb. that the MAV review its representation on the Vision Super Board to ensure

independence.

6. conduct an extensive media campaign to communicate anomalies between defined benefits schemes and the impact on Victorian local government and its residents.


4 July 2012 - Urgent Business25 July 2012 - Details of the current Superannuation Call

Report

Progress report on the implementation of the Council resolution dated 25 July 2012

Item 1 – 6 of the Council resolution have been undertaken. The extensive lobbying and media campaign has generated support from other local authorities and many media outlets.

A summary of outcomes to date is as follows:

1. Letters have been written to: Hon Julia Gillard, Prime Minister Penny Wong, Minister for Finance and Deregulation Hon Ted Baillieu, Premier of Victoria Hon Jeanette Powell, Minister for Local Government Candy Broad, Member for Northern Victoria Province Kaye Darveniza, Member for Northern Victoria Province Donna Petrovich, Member for Northern Victoria Province Paul Weller, Member for Rodney Senator Bridget McKenzie Senator Michael Ronaldson Maree Edwards MP Jacinta Allan MP Damian Drum MP Steve Gibbons MP Municipal Association of Victoria Murray River Group of Councils Rural Councils Victoria

Responses acknowledging Council’s position have been received from: Senator Hon Jan McLucas, Parliamentary Secretary to the Prime Minister Senator Hon. Michael Ronaldson, Liberal Senator for Victoria


PAGE 166

Paul Weller MLA, Member for Rodney Kaye Darveniza MP, Member for Northern Victoria Candy Broad MLC, Member for Northern Victorian Region Maree Edwards MP Member for Bendigo West

There is clearly a lack of response from some of our political representatives. Further efforts will be undertaken to ensure that this matter is high on their agenda.

2. The Mayor was nominated to the MAV Taskforce and has since been appointed.

3. Funding options are outlined later in this in the report.

4. Vision Super was requested to not back date any interest on COGB's share of the shortfall. The response from Vision Super indicates that it “does not characterise any part of the amount due as ‘interest’ and the Victorian Auditor-General’s Office agrees with this assessment. A lesser amount is payable if payment is made prior to 1 July 2013”.

5. The MAV has not yet responded to the requests contained in item 5.

6. A media campaign continues to raise awareness of this issue. The media campaign has included sending media releases to local and metropolitan media outlets including the Bendigo Advertiser, Bendigo Weekly, The Age, Herald-Sun and Weekly Times. As a result, articles have been published in all the abovementioned newspapers as well as suburban papers and surrounding regional papers.

In addition, the Mayor has been interviewed on local radio and WIN Television. Radio news reports have gone to air locally and on state wide ABC Radio. An information pack including media releases and additional background has been provided to ABC Television's 7.30 Victoria Program.

A Fact Sheet has been published in COGB's regular Advertiser page and an article has been drafted for our next edition of the Greater Bendigo News which will be mailed to every household in the municipality. A page on COGB's website is dedicated to the issue and is being regularly updated.

It is important to note that it is too early to determine whether or not the campaign will be successful. Most campaigns of this type last longer than four weeks and it is critical to the success of the campaign that we continue to generate new information and actions to keep it going.

Funding Proposal

Council requested a report on proposed funding models following formal notification from Vision Super. COGB has now received formal notification from Vision Super regarding the amount payable related to the current shortfall of $10,311,974.

Vision Super has advised that the unfunded liability may either be paid: by equal instalments over a 15 year period from 1 July 2013 ( at an interest rate of

7.5%), as a lump sum on or by 1 July 2013, or


PAGE 167

by any combination of the two.

Payments either in full or in part can be made before the due date (1 July 2013).

Council may fund the Superannuation Call from the various sources as outlined below.

Defined Benefits Reserve

This reserve was established in 2011/2012 for the purpose of funding future shortfalls to the Defined Benefits Superannuation Scheme

Funds available $800,000

Long Service Leave (LSL) Restricted Cash Requirement

Recent changes to the LSL Regulations means that Councils are no longer required to hold a specific fund to cover its LSL liability. Council now has the opportunity to review the allocation of funds for this purpose, and should determine a position in this regard. At June 30, 2012, COGB’s total LSL liability was $7,152,933, of which $5,271,000 is secured by the fund in accordance with the former regulations. This equates to 74%. Council may choose to utilise some of these funds to meet the Superannuation call, however it would be prudent to ensure a reasonable amount of funds remain restricted to enable LSL to be paid without undue impact on operating funds in any one year. Methods for determining the funds level are:

(a) Maintain a reasonable allocation based on past history of paymentsHistory of payments of Long Service Leave are:- One year (2012) $656,320- Three years (2010 – 2012) $2,140,397- Five years (2008 – 2012) $3,549,555

If it is decided to hold funds for LSL in line with COGB's last 3 years LSL actual expenditure, this will enable $3,130,603 to be made available, or alternatively funding to the past 5 year expenditure, will provide $1,721,445 to fund the call.

(b) Maintain at a percentage of the full liabilityMaintaining the fund at near 100% funded is not considered necessary as thestaff entitled to take LSL are highly unlikely to take it in the one year. Retaining an appropriate balance in the fund will enable this liability to be met when required.

60% of liability $4,291,75950% of liability $3,576,46740% of liability $2,861,17330% of liability $2,145,880

If this method is used:o with 50% retained in the fund it enables $1,694,533 to assist in funding

the call.


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o with 40% retained in the fund it enables $2,409,827 to assist in funding the call.

o with 30% retained in the fund it enables $3,125,120 to be allocated tofund the call.

To assist with the current issue of funding the call, and ensure future provision is reasonable, it is recommended that Council establish a policy that the Long Service Leave liability is funded to 30% of the total liability in 2012/13 with a commitment to increase to 50% within 3 years. This will require approximately $550,000 to be transferred for this purpose annually for the next 3 years.

Utilising these funds to pay the shortfall will reduce interest earnings. (eg $3,125,120 @ 5% p.a. will reduce the interest income by $156,256 or $1,694,533 @ 5% will reduce the interest income by $84,726.

Funds available $ 3,125,120

Operating Budget

Directors and Managers have reviewed the 2012/2013 Operating Budget to identify possible savings/additional revenue that can be achieved in the current year. Staff have sought to achieve these savings or increased income with as minimal impact on the community as possible. Generally these measures are considered to be one off deferrals of expenditure to free up funds to cover this unexpected and unbudgeted amount. It is to important to note that there will be community impact of reduction in operating expenditure as reduced resources are available. Attachment 1 outlines the various areas of possible savings.

Funds available $ 1,867,875

Capital Works (Capex)

A review of the 2012/2013 Capital Works budget has been undertaken to identity projects that may be deferred or reduced in scope from the current year’s budget. In identifying projects for consideration the following principles have been applied:

Works not started or stage not started. Not risk to health or safety. Can be deferred in entirety. Scope incomplete, not signed off, risk of not finishing. Not tied to a grant.

Attachment 2 outlines proposed projects to be cancelled or postponed from 2012/2013. The impacts include a number of community projects not being undertaken, plant and vehicles not replaced at optimum times, delay in much needed drainage works and deferral of upgrades to parks, sporting surfaces and public lighting.

Possible Funds available $ 4,001,500


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Loan Borrowings

Following a review of COGB borrowing capacity, Council may consider borrowing to assist in funding the shortfall. To take out borrowings in 2012/13 in excess of the amount in the current budget, a revised Budget would need to be prepared in the same manner as the Annual Budget is prepared.

Should Council consider funding part of the shortfall using loan funds in 2013/14 the loan borrowing profile in accordance with Council Borrowing Policy, indicates there is capacity to borrow, say $3,000,000. However, any increase in loan borrowings will impact on Council’s ability to undertake capital works into the future; therefore this option is not recommended.

Annual Budget 2013/2014

As the Defined Benefits amount is due on 1 July 2013, Council has the option of funding its share of the call next year. Any expenditure deferred to 2013/2014 will naturally impact on funds available for other purposes.

Early Payment Discount

As payment in part or full attracts a discount this option should be considered. Payment of the full amount by 30 September 2012 will reduce the funds required by $566,230. Payment of half the amount by 30 September 2012 will reduce the funds required by $301,500. The discount is calculated at 7.5% pa and contributions tax is at 17.5%.

Saving (full payment at 30/09/12) $566,230

Conclusion

Continuing to advocate to alter the Fund's rules in respect to future calls is imperative. The level of future calls are expected to increase due to the number of contributing members reducing while the number of those drawing on the fund is increasing. Should the current arrangements continue it is highly likely that the drain on Council funds for Defined Benefit Superannuation purposes will have a detrimental impact on Councils ability to deliver community services into the future.

In respect to the current superannuation call, while the unfunded liability has not been budgeted in the current year, there are options available to Council to meet this cost. Any payment not made in the current year will impact on the 2013/14 budget, should the campaign to change the rules that govern the fund not be successful in achieving retrospective change.

Councillors have a number of options to consider:1. Given the discount available ($566,230 if paid by 30/09/12), it is prudent to pay the

Defined Benefits Super Call as soon as possible in an attempt to minimise the cost to the community.

2. Refuse to make payment at this point in time, on the basis that: the level of funds required will unnecessarily impact the community, and Council does not believe that the fund should be fully funded and therefore

this payment should not be made.


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3. Transfer the identified savings into the Defined Benefits Reserve fund for payment at a future date if required.

4. Make a part payment in the current year and finalise the payment in 2013/2014.5. Borrow funds in 2013/2014.

Recommendation

That the Greater Bendigo City Council:

1. continue to strongly advocate to the Federal and State Government to change the status of the scheme to transition back to a state-managed scheme and therefore remove the requirement to be fully funded.

2. determine to amend the Reserve Fund Policy to introduce a Long Service Leave Reserve fund which is required to hold funds of no less than 30% of the total Long Service Leave liability in 2012/13, increasing to 50% of the total liability over the following 3 years.

3. Make payment in full of the Defined Benefits call before 30 September 2012 funded as follows:

Defined Benefits Reserve 0.8M Long Service Leave Fund 3.1M Operating Budget Reduction 1.9M Capex Budget Reduction 4.0M Early Payment Discount 0.5M

$10.3M

4. advise Glenelg Shire Council that Council's preferred option is to seek to have the fund transitioned back to a state-managed scheme and therefore remove the requirement to be fully funded.

5. advise the Hume City Council that it supports the proposal for a Parliamentary Inquiry into the operations of the Defined Benefits Superannuation Fund.


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Attachment 1

Service Unit Saving Further Detail

City Futures

Art Gallery $32,000 * Defer Post Office Gallery Exhibition 3 to 2013/14

City Future Dir $4,000 * Various small savings

EDU $95,000 * Cancellation of the Skilled Migration Program $28k

* Part deferral of salaries associated Business Initiatives Officer

$26k (New Position)Major Events $17,000 * Various small savings

Major Projects $10,000 * Various small savingsThe Capital $48,600 * Various small savings

Tourism $17,500 * Various small savings

Visitor Information Centres $35,000 * Various small savings

Community Well Being

Aged and Disability $149,000 * Staff savings of $137k, which will be identified as part of the

Aged and Disability Services Review and implemented gradually.

Children and Family $112,000 * Various small savings

Community, Cultural Development $130,835 * Reduction in Small Township grants of $5,000 per township

(x14), resulting saving of $70k.

Customer Support $19,500 * Relinquish new position in 2012/2013 budget for Councillor

Ward meeting administration support $15k.Recreation and Healthy Communities $30,000 * Various small savings

Executive

Executive $11,600 * Various small savings

Communications $33,250 * Reduction in advertising including cancellation of Greater

Bendigo news for 1 issue, and cancel 2 months Advertiser page.

Councillors $3,000 * Various small savingsOrganisation Support

Contract and Projects $11,760 * Various small savings

Finance $30,000 * Various small savings

Information Management $91,700 * Delay staff appointments until 2013/14

* Defer Stage 2 Security Audit.People and Learning $60,650 * Defer Staff Satisfaction Survey and various training until 2013/14

Rates $38,000 * Additional $40k in interest received on unpaid rates.

Planning and DevelopmentBuilding and Property $86,000 * One off increase in building fees related to supporting the

community with incomplete building permit works $40k.

* Reduce office cleaning frequency, and security patrols.Environmental Health & Local Laws $53,545 * Defer DWMP temporary staff appointment.

Strategy $107,500 * General savings and deferral of various projects. Defer White

Hills and East Bendigo Heritage Study, Hospital Precinct Structure

Plan and Intensive Animal Industries.Assets and Presentation

Asset Planning and Design $60,000 * Reduce periodic bridge maintenance from $160k to $100k.

BenCon Maintenance $185,000 * General savings and deferral of maintenance including unsealed

road maintenance and defer sign upgrade.Livestock Exchange $16,000 * Various small savings

Parks and Natural Reserves $169,435 * General minor savings across the unit.

Sustainable Environment $160,000 * Deferral of a number of projects into the 2013/14 financial year

including the QEO Precinct co-generation plant business model

$60k.Waste Services $50,000 * $50k saving in clearing of underground drainage.

Total Organisation $1,867,875

2012/13 Identified Operating Savings / Deferrals by Service Unit


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Job Description

Budgeted

Net Cost of

Project

Revised

Net

Project

Cost

Final

Savings

Identified

Status

81830 Edward, Queen and King Streets Streetscape Works 500,000 350,000 150,000 Saving

81926 Microsoft Licensing 120,000 - 120,000 Saving

80034 Plant Replacement (General Fleet) 635,348 515,348 120,000 Saving

80033 Furniture & Equipment - Purchase 50,000 30,000 20,000 Saving

81905 Recreation Ancillary Structures Improvements 100,000 80,000 20,000 Saving

81736 Bendigo Tennis Association Design Documentation 100,000 50,000 50,000 Defer 100%

80759 Maiden Gully Recreation Res Development 15,000 - 15,000 Defer 100%

81965 White Hills Bowling Club Upgrade Accessibility Regulations - 20,000 - 20,000 Defer 100%

81964 Rendering of Weeroona Reserve Fire Track Judges Box 10,000 7,000 3,000 Saving

81944 Albert Roy Reserve Pavilion Upgrade 100,000 50,000 50,000 Defer part spend

81945 Ken Wust Community Upgrade Works 100,000 30,000 70,000 Defer part spend

81946 Longlea Rec Res Upgrade & Expansion Existing Facility 100,000 30,000 70,000 Defer part spend

81874 Kangaroo Flat Lions Park Toilets 50,000 - 50,000 Defer 100%

81862 Multi Storey Car park - Lift Upgrade Multi Storey Carpark 130,000 - 130,000 Defer 100%

81286 Environmental Sustainability Initiatives 40,000 - 40,000 Defer 100%

81863 Investigate Structural Cracking Issues - Various 50,000 - 50,000 Defer 100%

81859 Longlea School - Various Upgrade Works Longlea School 40,000 - 40,000 Defer 100%

81865 Upgrade Existing Kindergarten to Terminal Building Airport 45,000 20,000 25,000 Saving

81852 Bendigo Community Theatre 500,000 - 500,000 Defer 100%

80598 Edward Street Carpark Complex - Construction 1,500,000 750,000 750,000 Saving

81930 Tourist Information Centre Canopy & Stairs 70,000 - 70,000 Defer 100%

81876 Kennington Reservoir Dam Wall Timber Bridge Replacement 45,000 - 45,000 Defer 100%

81895 Drainage - Needlewood Drive Kangaroo Flat 50,000 - 50,000 Defer 100%

81904 Bendigo Livestock Exchange improvements 250,000 - 250,000 Defer 100%

80063 Public Lighting (Streets & Parks) including Green Lighting 200,000 100,000 100,000 Saving

81346 Median Roundabout and Traffic Island Treatments 200,000 150,000 50,000 Defer part spend

81882 Drainage - Rosalind St 248,500 50,000 198,500 Defer 100%

81412 Irrigation System Replacement Program 330,000 280,000 50,000 Defer part spend

81819 Sporting Surface Upgrades - Soft Surfaces 110,000 90,000 20,000 Defer part spend

80041 Parks and Reserves Renewal Program 110,000 90,000 20,000 Defer part spend

81015 Installation & Replacement of Park Furniture 160,000 140,000 20,000 Defer part spend

80065 Urban Tree Planting 200,000 175,000 25,000 Defer part spend

80892 Plant Replacement (Presentation and Assets) 2,025,500 1,385,500 640,000 Defer part spend

81424 Building Accessibility Audits & Upgrades 70,000 50,000 20,000 Saving

80003 Eaglehawk Town Hall Restoration & Renewal 260,000 210,000 50,000 Defer part spend

81858 California Gully Mechanics Institute - Various Works 100,000 70,000 30,000 Defer part spend

80057 Parking Ticket Machine Purchase 140,000 70,000 70,000 Saving

Total Capex Defer / Savings 8,774,348 4,772,848 4,001,500

2012/13 Identified Capital Works Projects - Savings / Deferrals

Attachment 2


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5.2 PROVISION OF LOAN BORROWINGS


Author Travis Harling, Manager Finance


Summary/Purpose

To request the Council to authorise the CEO to approve a contract for loan borrowings.

Policy Context



Council Policy Reference: Borrowing Policy


The Local Government Act gives Council the power to borrow funds. The Council has previously borrowed money to meet its annual Capital Works budget. The Council last borrowed money in the 2011/12 financial year for the sum of $10,700,000. The 2011/12 budget provided for borrowings of $13,800,000 although the full budgeted amount was not required to be drawn down.

Previous Council Decision(s) Date(s): The last report was presented to Council on 25/05/12 endorsing the CEO to be able to authorise a tender for $10,700,000 loan borrowings for the 2011/12 financial year. Authority was also given to the CEO to negotiate the loan and approve the successful tender.

Report

The 2012/13 annual budget includes new loan borrowings of $11,300,000 which were approved by Council to fund the Capital Works program.

Actual results along with financial forecasts will be monitored throughout the financial year and a decision to draw down the loan or part of the approved loan for Council to meet its future commitments will be decided during the financial year. While the new borrowing is proposed to be fully drawn down by the 30 June 2013, should factors change and the funds not be required entirely then a lesser amount will be drawn down than the original budgeted amount.


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CoGB has the approval to borrow $11,300,000 granted under the Local Government Victoria Borrowing Assessment Policy.

The loan amount is also within Council's Loan Borrowing Policy. The Policy requires that the Debt Commitment Ratio (total loan principal and interest payments as a percentage of rate revenue) not be more than 10%. The revised loan borrowing forecasts the Debt Commitment Ratio as 5.2% (based on a 15 year term at 6.95%).

Debt repayments for this loan are included in the Council’s Strategic Resources Plan.

Tenders will be called for from lending institutions for the loan borrowing.

To enable the funds to be drawn down during the financial year ending 30 June 2013, the CEO requires authorisation to approve the contract.


Internal Consultation: The Finance Committee will be consulted regarding the need to borrow the budgeted $11,300,000 is recognised by management. Consideration will be given to the amount required. The amount required to borrow will depend on the forecasts provided by management throughout the year. The amount identified in the 2011/12 forecast resulted in the reduced borrowing for the 2011/12 financial year.

Conclusion

The loan tender will be advertised and a decision to approve the contract is required in time to enable the funds to be processed by 30 June 2013.


The estimated interest expense is $6,925,353 (based on a 15 year fixed interest rate of 6.95%).

RECOMMENDATION

That the Greater Bendigo City Council authorise the Chief Executive Officer to approve a contract for loan borrowings of $11,300,000 in the 2012/13 financial year.


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5.3 FINANCIAL STATEMENTS, PERFORMANCE STATEMENTS AND STANDARD STATEMENTS FOR THE FINANCIAL YEAR 2010/2011


Author Travis Harling, Manager Finance


Summary/Purpose

The purpose of this report is to approve, in principle, the Financial Statements, Performance Statement and Standard Statements for the financial year 2011/2012 and to authorise two Councillors to sign the final statements on behalf of Council.

Policy Context




The Local Government Act 1989 requires that the Council must not submit the Financial Statements or the Standard Statements or the Performance Statements to the Auditor and the Minister unless it has resolved to give its approval "in principle" to the statements.

Previous Council Decision(s) Date(s): Annual, the last being on 07/09/2011.

Report

The City of Greater Bendigo has prepared Financial Statements, a Performance Statement and Standard Statements for the financial year 2011/2012, which have been examined by the Finance Committee and the Audit Committee. The Audit Committee recommends that the Council approve the Statements in principle.

The Council must also authorise two Councillors to certify the statements. The statements are in their final form as the statements have been reviewed by the Victorian Auditor General's Office. As the statements have been finalised, they can be signed as soon as two Councillors have been authorised.


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The following are items of note in the Financial Statements:

The year resulted in a $16.312 million operating surplus. The budgeted operating surplus was $12.314 million, resulting in a variance of $3.998 million. This result is in line applicable Accounting Standards.

Another measure that is used within the Local Government sector is the Underlying Result. This result does not take into account non-cash developer contributions and other one off (non recurring) adjustments. The underlying result for the 2011/12 financial year is a $3.813 million surplus. This is much less than the operating surplus as Capital Grants, Non Monetary Assets and Infrastructure Write Offs have been excluded. This result a closer measure of operations than the Accounting Standard focused operating surplus.

Total revenue was in excess of $158 million. Cash balances are $38.377 million, an increase of $4.615million, $19.29 million of

this cash is subject to some form of restriction. Council's financial ratios per Note 35 are very positive. In particular Council's

Working Capital Ratio (which demonstrates the level of current assets to current liabilities) is 1:44:1, (2010/11 1.78:1). The ratio has reduced due largely to the accounting treatment for Council's share of the Defined Benefit Superannuation call.

Council delivered $51.472 million of Capital Works during 2011/12.

The Standard Statements beginning at page 47 show actual results to budget and explanation of significant variances. The Performance Statement at page 59 demonstrates Council's performance in achieving its Key Strategic Activities adopted in the 2011/12 budget.


High

Risk Analysis:

To the best of the officer's knowledge, these statements are true and correct.


External Consultation:

These statements were examined by the Audit Committee at its meeting of 30 August 2012.


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The annual audit of the Council's Financial Statements costs approximately $47,800 which is provided for in the budget.

Budget Allocation in the Current Financial Year: YesCurrent Estimate or Tender Price: $47,800Projected costs for future financial years: CPI Plus

Conclusion

It is now appropriate for Council to approve the statements in principle and authorise two Councillors to sign the final statements.

Attachments

1. Financial Statements2. Standard Statements3. Performance Statements

RECOMMENDATION

That on the recommendation of the Audit Committee the Greater Bendigo City Council:

1. Approve, in principle, the Financial Statements, the Standard Statements and the Performance Statement for the 2011/2012 Financial Year;

2. Authorise Crs Sandner and Fyffe to sign the Final Financial Statements, Standard Statements and Performance Statement on behalf of and with the full authority of Council.


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5.4 RECORD OF ASSEMBLIES


Author Peter Davies, Manager Executive Services

Responsible Craig Niemann, Chief Executive OfficerOfficer

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

An amendment to the Local Government Act 1989, which came into effect on September 24, 2010, requires the record of any assembly of Councillors to be reported to the next practicable Council Meeting and recorded in the Minutes.


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.

Report

Outlined below are the details of assemblies of Councillors held since the last meeting.


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Meeting InformationMeeting Name/Type

Councillors' Forum

Meeting Date Wednesday 1 August, 2012Matters discussed 1. Waste and Resource Management Strategy

2. Proposed Zoning at Big Hill3. Community Satisfaction Survey4. View Street unit development5. Lease of café - Edward Street Car Park6. Heritage Victoria7. Access to bike storage - Edward Street Car Park8. Local Law issue9. Carbon farming10. Cardboard recycling at Heathcote11. Report on vandalism12. Clearance of powerlines13. Reporting of accidents14. Fire insurance levy15. Municipal Strategic Statement16. Suggestions for inventors17. Website18. Display of knitting in the Hargreaves Mall19. Hargreaves Mall bins20. Hargreaves Street MSCP21. Lift maintenance at Hargreaves Street MSCP22. Township signs23. Main street lighting - Elmore24. Spillway Road, Eppalock25. CFA referrals26. Ward maps27. Uley Street car park28. Residential Strategy29. Review of broadcasting of Council Meetings30. Local Authorities Superannuation Defined Benefits 31. Happy Valley Road property32. Fortuna33. Ironbark study34. Tenders for library redevelopment35. Car Parking Policy36. Aspinall Street

Attendees/ApologiesCouncillors Cr Rod Fyffe

Cr Rod CampbellCr Peter CoxCr Barry LyonsCr Bruce PhillipsCr James ReadeCr Keith ReynardCr Lisa Ruffell


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Apology:Cr Alec Sandner

Staff/Community Representatives

Mr Stan LiacosMs Marg AllanMr Darren FuzzardMs Prue MansfieldMr Peter DaviesMrs Alison CampbellApologies: Mr Craig NiemannMs Pauline Gordon

Conflict of Interest disclosuresMatter

No.Councillor making disclosure Councillor left meeting


Natural Environment Advisory Committee

Meeting Date Tuesday 7 August, 2012Matters discussed 1. Adaptive Stormwater Management in Bendigo and

Castlemaine2. Planning Scheme Amendment C131 (Composting Facility in Bagshot)3. Residential Strategy Review4. CoGB Natural Environment Strategy Renewal5. Gardens for Wildlife6. Biolinks Update7. Carbon Farming Initiative8. Environment Sustainability Grants9. Waste and Resources Management Strategy - Background Paper

Attendees/ApologiesCouncillors Cr Keith ReynardStaff/Community Representatives

Anthony SheeanDavid ConleyJodie OdgersRobyn MajorAndrew CockerallMurray RankinDennis BerlowitzApologies: Lydia FehringWendy RadfordPetina Blackwell


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Councillors' Forum

Meeting Date Wednesday 8 August, 2012Matters discussed 1. Planning matters and Ordinary Meeting agenda review

2. Proposed Big Hill Enterprise Park3. Defined Benefits Superannuation Liability4. 45 Mundy Street - Youth Innovation Proposal5. Planning application for the Community Theatre6. Grace Kelly Exhibition Report7. BRiT building8. Signage to the showgrounds9. Economic development strategy10. Fortuna11. Contributions from developers12. CVGT amendment13. Jackass Flat14. Advertiser building15. Library16. Alpine Shire assessment management application17. East Bendigo electrical issues18. Contaminated land19. Land exchange at Sedgwick20. University of the Third Age21. Business Together Bendigo publication22. Outstanding reports23. Gasworks site24. Governance meeting25. Advocacy

Attendees/ApologiesCouncillors Cr Alec Sandner

Cr Rod FyffeCr Rod CampbellCr Peter CoxCr Barry LyonsCr Bruce PhillipsCr James ReadeCr Keith ReynardCr Lisa Ruffell

Staff/Community Representatives

Mr Craig NiemannMs Pauline GordonMr Stan LiacosMs Marg AllanMs Prue Mansfield


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Mr Peter DaviesMrs Alison CampbellApologies: Mr Darren Fuzzard




Heritage Advisory Committee

Meeting Date Thursday 16 August, 2012Matters discussed 1. Restoring Our Heritage

2. Mount Alexander Shire Heritage Advisory Committee visit3. Greater Shepparton Heritage Advisory Committee visit4. Communication5. Heritage Advisory Committee briefing for CoGB Council6. Budget 2012/20137. Applications for demolition8. Heritage Restoration Loan Applications9. Amendments10. Heritage Advisor's Report11. Strategy update

Attendees/ApologiesCouncillors Cr Peter CoxStaff/Community Representatives

Helen AshbyDavid BannearLaurie BrownEmma BryantElaine DolingPeter EllisJordan GrenfellDavid MulqueenDannielle OrrChris WaitesDarren WrightApologies: Di SmithNorm StimsonRod Spitty

Conflict of Interest disclosuresMatter Councillor/community representative Councillor/community


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No. making disclosure representative left meeting

7 Helen Ashby Yes

RECOMMENDATION

That Council endorse the record of assemblies of Councillors as outlined in this report.


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5.5 REVIEW OF BROADCASTING OF COUNCIL MEETINGS BY PHOENIX FM


Author Peter Davies, Manager Executive Services

Responsible Craig Niemann, Chief Executive OfficerOfficer

Summary/Purpose

The purpose of this report is to consider a review of the arrangement of Phoenix FM broadcasting Council Meetings and to consider a further twelve month extension of the arrangement.

Policy Context

Council Plan Reference: Use meaningful and effective communication and engagement.


At its meeting of 27 July, 2011, Council resolved to agree to an arrangement with Phoenix FM to broadcast Council Meetings for a twelve month trial period.

Report

A review has been conducted of the broadcasting arrangements, which has involved a meeting with representatives of Phoenix FM, discussion with Councillors and exploration of technical issues with Council's Manager, Information Management.

The criteria for the review were the same as those initially used to select a broadcaster and included:

Capability of the station to undertake the broadcasting and demonstrate experience.

Commitment to regular programming.

Personnel who would be involved.

Coverage of the broadcast within Greater Bendigo.

Any sponsorship or advertising intentions.

Technical requirements including any integration with Council's sound system.


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Timing for set up and pack up.

Any cost to Council.

Any staff commitment from Council.

Expected level of community interest.

The findings of the review are as follows:

Capability of the station to undertake the broadcasting and demonstrate experience.

Phoenix FM has successfully broadcast most Council Meetings over the past twelve months.

Commitment to regular programming.

The City of Greater Bendigo became aware that the broadcast of Council Meetings had to be terminated at 8pm due to other programming. At the review meeting, representatives of Phoenix indicated that rather than have a live broadcaster waiting around for Council Meetings to finish, recorded programming could occur after the Council Meeting and the live broadcaster rescheduled to another night. This would allow the full broadcast of the Council Meeting.

Personnel who would be involved.

Phoenix FM has provided a consistent group of experienced volunteers.

Coverage of the broadcast within Greater Bendigo.

The Council proceedings reach much further than Greater Bendigo, firstly via Phoenix FM greatly improved signal area of recent months, secondly via Phoenix's podcasts and thirdly as many people listen to the meetings direct on web stream.

Any sponsorship or advertising intentions.

Phoenix FM are not able to be directly sponsored for the broadcast of Council Meetings. There have been no issues with sponsorship or advertising.

Technical requirements including any integration with Council's sound system.

The initial arrangement was for Phoenix to be completely self-contained.

Phoenix had difficulty with the Telstra 3G link; Phoenix eventually had to purchase a 4G modem which has provided for a much clearer more stable link. Arrangements are being made for Phoenix to utilise the CoGB internet facilities which will provide much simpler setting up and reliable broadcast.

Timing for set up and pack up.


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There have been no issues from a City of Greater Bendigo or Phoenix FM perspective, except for one occasion when Phoenix FM was not able to access the meeting room as early as expected, due to another function.

Any cost to Council.

As previously reported to Council, Phoenix FM would not be able to make a direct charge as in doing so they would be breaching the sponsorship laws. There has been a small cost to Council related to Council IT staff investigating opportunities to provide a link via Council's network.

Any staff commitment from Council.

The CoGB IT staff have been involved on a number of occasions, dealing with technical issues.

Expected level of community interest.

The CoGB is aware of staff, planning permit applicants, media, people with disabilities, absent Councillors and others listening to the broadcasts. Feedback to Council has been positive. Phoenix are not able to provide details of the number of listeners.

Phoenix is keen for the broadcasts to continue, especially critical in this election year. In general, Phoenix has had very positive listener response both to direct broadcast and to subsequent podcast and it definitely views these broadcasts as a true community service and one which fits very much within its guidelines and philosophy.


The broadcast of Council Meetings was discussed at a Governance Meeting and some improvements suggested were a compressed version of the podcast and Phoenix to come and explain to Councillors, any special requirements they might have to improve the quality of the presentation of the meeting.


$250.00 to establish a direct link to Council's network and some staff time.

Conclusion

At the review meeting, Phoenix FM expressed a desire to continue the broadcast for another twelve months. Due to the positive feedback and dedicated work of the Phoenix FM volunteers, a further twelve months is recommended.

Attachments

Nil


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RECOMMENDATION

That Council express its appreciation to Phoenix FM for the valuable community service provided through the broadcast of Council Meetings; and agree to an arrangement for the broadcast of Council Meetings for a further twelve months.


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5.6 ACCOUNTS PAYABLE AND CONTRACTS AWARDED UNDER DELEGATION


Author Janet Worthington, Accounts Payable OfficerLeeanne Taig, Administration Assistant, Contract and Project Coordination Unit


Summary/Purpose

The purpose of this report is to provide information on accounts payable issued under delegation.

Policy Context

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

Report

Cheque Nos. 154846 to 154943 $573,826.43

Electronic Funds Transfer 086516 to 087269 $6,396,126.70

The pre-payments as listed above totalling $573,826.43 and Electronic Funds Transfer $6,396,126.70 are submitted for the information of Council.

Contracts Awarded under Delegation

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

Contract No

ProjectSuccessful Contractor

Value (GST Excl)

Delegated Officer

Date Signed

2560QEO Grandstand and Timekeepers/Press Box Maintenance Works

Gerard K House 379,960.00Pauline Gordon

17/08/2012


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Attachments

1. A listing of the cheques and electronic funds transfer are included in the attachments to the Business Paper.

RECOMMENDATION

That the Delegated Authority for Accounts Payable and Contracts, as outlined in this report, be endorsed by Council.


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6. URGENT BUSINESS

Nil.

7. NOTICES OF MOTION

Nil.

8. COUNCILLORS' REPORTS

9. MAYOR'S REPORT

10. CHIEF EXECUTIVE OFFICER'S REPORT

11. CONFIDENTIAL (SECTION 89) REPORTS

RECOMMENDATION

That the meeting be closed to the public to consider a report in accordance with Section 89(2)(e) of the Local Government Act 1989, as amended, relating to a proposed development.


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