Agenda 11 september 2013

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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 11 September, 2013

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

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 2 October, 2013

Bendigo Town Hall

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

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

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

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Council Vision

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

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

Making informed, balanced and objective decisions

Acting honestly

Taking responsible financial decisions

Ensuring good governance

Being inclusive in their activities and sharing information with others

Learning from each other

Respecting each other's undertakings

Being respectful in their interactions with others

Communicating clearly about decisions that have been made

Fulfilling their undertakings and being clear when this is not possible

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

Themes

Planning for Growth

Liveability

Productivity

Sustainability

Good Governance and Decision-Making

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ORDINARY MEETING WEDNESDAY 11 SEPTEMBER 2013

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 6

PRAYER 6

CODE OF CONDUCT 6

PRESENT 6

APOLOGIES 6

SUSPENSION OF STANDING ORDERS 6

PUBLIC QUESTION TIME 6

RESUMPTION OF STANDING ORDERS 7

CR WILLIAMS' REPORT 7

DECLARATIONS OF CONFLICT OF INTEREST 8

CONFIRMATION OF MINUTES 9

1. PETITIONS AND JOINT LETTERS 9

2. PLANNING FOR GROWTH 10

2.1 Planning Scheme Amendment C197 - Rezoning of View

Hill, Mackenzie Street, Bendigo to Facilitate

Redevelopment, Consider Submissions and Refer to

Panel

10

2.2 Planning Scheme Amendment C160 and Planning Permit

Application DS/594/2012 - Rezoning and Subdivision of

Land in Duncan Court, Junortoun - Consider Submissions

and Refer to Panel

18

2.3 Planning Scheme Amendment C195 - Rezoning of Land in

Ham and Allingham Streets, Golden Square to Consider

Submissions and Refer to Panel

32

2.4 23 Haggar Street, Eaglehawk 3556 - 2 Lot Subdivision of

Land and Construction of One Dwelling and Carport

39

2.5 8-14 Hakea Road, Huntly 3551 - Subdivision of the Land

into 33 Lots and the Removal of Native Vegetation

51

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2.6 4 Barwon Drive, Kennington 3550 - 2 Lot Subdivision of

Land and Construction of Two Dwellings

64

2.7 227-233 & 229 Marong Road, Maiden Gully 3551 -

Realignment of Boundaries, 2 Lot Subdivision,

Development and Use of the Land for a Place of Assembly

(Church), Signage and Food and Drink Premises (Cafe)

77

2.8 20 Dowding Street, California Gully 3556 - 4- Lot

Subdivision and Construction of 3 Dwellings

96

2.9 7 Glencoe Street, Kennington 3550 - 10 Lot Subdivision of

Land and Construction of 10 Dwellings

111

2.10 54 Chum Street, Golden Square 3555 - Subdivision of the

Land into 4 Lots and the Removal of an Outbuilding

126

2.11 Trial Closure of One Tree Hill Road, Spring Gully 137

3. LIVEABILITY 140

3.1 Community Facilities Funding Program 2014/2015 Grant

Applications

140

3.2 Wet Synthetic Pitch Replacement - Hockey Central

Victoria

147

3.3 Maiden Gully Land Sale to The Roman Catholic Trust Corp

- Sandhurst Diocese

153

3.4 Maiden Gully Precinct Structure Plan 160

3.5 Greater Bendigo Public Health and Wellbeing Plan 167

3.6 Bendigo Gold Football Club Future Support 191

4. PRODUCTIVITY 195

4.1 Greater Bendigo Farming Advisory Committee Member

Appointments

195

5. SUSTAINABILITY 199

6. GOOD GOVERNANCE AND DECISION-MAKING 200

6.1 Record of Assemblies 200

6.2 Financial Statements, Performance Statements and

Standard Statements for the Financial Year 2012/2013

207

7. URGENT BUSINESS 210

8. NOTICES OF MOTION 210

9. COUNCILLORS' REPORTS 210

10. MAYOR'S REPORT 210

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11. CHIEF EXECUTIVE OFFICER'S REPORT 210

12. CONFIDENTIAL (SECTION 89) REPORTS 210

12.1 Proposed Development 210

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 11 September 2013

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

CODE OF CONDUCT

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

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

PUBLIC QUESTION TIME

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


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

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

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

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

Prosecution, summonses or any other litigation;

Most appropriately addressed by other means;

Vague, irrelevant, insulting or improper, defamatory;

Answer likely to compromise his / her position;

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

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

circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR WILLIAMS' REPORT


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DECLARATIONS OF CONFLICT OF INTEREST

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

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


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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 21 August, 2013. The following items were considered at the Ordinary Council meeting held on Wednesday 21 August, 2013 at 6:00pm.

Petition: Proposed Closure of Old Railway Reserve Road to Motorised Vehicles

Planning Scheme Amendment C159 - council Land, Public Land and Private Zone Corrections

VicSmart - A New Planning Permit Process for Victoria

153 Arnold Street, Bendigo - To Demolish a Dwelling

9 Club Court, Strathfieldsaye - Staged Subdivision of the Land into 14 Lots and Removal of Native Vegetation

477, 479, 481, 485 and 483 Tannery Lane, Strathfieldsaye - Staged Subdivision of the Land and the Removal of Native Vegetation

31 Doak Street and 76 Lloyd Street, East Bendigo - Subdivision of the Land into 3 Lots and the Creation of a Carriageway and Services Easement

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

Former Golden Square Secondary School

Residential Zone Conversion

Draft Loddon Mallee South Regional Growth Plan

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

Bendigo Easter Festival - Confirmation of Festival Format

Adoption of Greater Bendigo Youth Strategy

Response to Independent Review of the City of Greater Bendigo

Record of Assemblies

Instrument of Delegation to the Chief Executive Officer

Confidential Section 89 Report - Legal Matter The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 21 August, 2013 as circulated, be taken as read and confirmed.

1. PETITIONS AND JOINT LETTERS

Nil.

Planning for Growth - Reports Ordinary Meeting - 11 September 2013

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2. PLANNING FOR GROWTH

2.1 PLANNING SCHEME AMENDMENT C197 - REZONING OF VIEW HILL, MACKENZIE STREET, BENDIGO TO FACILITATE REDEVELOPMENT, CONSIDER SUBMISSIONS AND REFER TO PANEL

Document Information

Author Emma Bryant, Coordinator Policies and Processes Responsible Andy Walker, Acting Director Planning and Development Director

Summary/Purpose

This Amendment proposes to rezone the All Saints’ Anglican Church, grounds, school and Master’s residence, known as the ‘View Hill’ Complex, at 10-14 Mackenzie Street, Bendigo, to Commercial 1 and apply a Design and Development Overlay and amend the current Heritage Overlays to encourage redevelopment. The site could accommodate a mix of business and residential land uses in a contemporary way while still retaining the heritage fabric. This is an exciting redevelopment opportunity in Central Bendigo close to existing services. The Amendment was publicly exhibited with 4 submissions received and only 1 objecting to the proposal. The objector does not want the Church to sell the site and therefore objects to the entire Amendment. This report recommends Council request the Minister for Planning to appoint an Independent Panel to consider the opposing submission.

Policy Context

City of Greater Bendigo Council Plan 2013-2017 (2013) Planning for Growth

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

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


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Background Information

The View Hill site is no longer required by the Anglican Diocese of Bendigo therefore the Diocese wishes to sell the site so that it can be better utilised by the Bendigo community. Prior to selling, the Diocese wishes to establish planning controls for the site that retain the existing historic buildings but also allow for sympathetic redevelopment and a flexibility of new uses. The original proposal was for the site to be rezoned to Business 5 Zone but the Minister for Planning has now merged this zone into the new Commercial 1 Zone. This change will allow some more uses on the site, eg retail, but will not greatly impact on the resulting development as the proposed overlay controls will ensure that all new development is sensitive to the site’s heritage attributes. Representatives of the Diocese met with the City’s Planning officers, Heritage Advisor and Place Manager a number of times to discuss the amendment proposal. The City identified some errors in the existing heritage controls on the site for correction, and recommended that the applicant prepare a conservation management plan to help guide the redevelopment and reuse of the site. The Diocese commissioned the ‘All Saints’ Anglican Church, School and Master’s Residence, Bendigo Conservation Management Plan, Minerva Heritage, August 2012’ (CMP). This Plan identified that the site is of historic, cultural and landscape significance and its recommendations formed the basis of the amendment. The key steps in the amendment process are summarised below:


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Previous Council Decisions Council resolved at its 6 March 2013 meeting that authorisation be sought from the Minister for Planning to prepare and exhibit the Amendment.


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Report

An Explanatory Report is attached that details the purpose, effect and strategic justification for the amendment. Key issues identified in the Explanatory Report are summarised below. Land Affected by the Amendment The land affected by the Amendment is 5,400 m2 in size and is currently zoned Special Use Zone Schedule 1 ‘Private Educational or Religious Institutions’ with a small section of Commercial 1 Zone adjoining View Lane (probable error) and a small area of Residential 1 along the access lane. It is surrounded by Commercial 1 Zone to the north east, north west, and south east and Residential 1 land to the north and south west. The site is currently covered by Heritage Overlay 167 ‘All Saints’ Cathedral’ and Heritage Overlay 261 ‘Sunday School Residence’, although the boundaries of these do not reflect the buildings on site, Heritage Overlay 273 ‘Atkinson Building’ in part and Heritage Overlay 3 ‘Bendigo Civic Precinct’ in part (errors).

Figure 1. All Saints’ Anglican Church, School and Master’s Residence 10 – 14 Mackenzie Street, Bendigo

What the Amendment Does The Amendment proposes to:

Rezone the site from Special Use Zone 1 ‘Private Educational or Religious Institutions’, Business 1 Zone and Residential 1 Zone to the Commercial 1 Zone. Apply the new Design & Development Overlay Schedule 12 ’View Hill Development Site’ to the Church and grounds (not the School and Master’s residence) where most of the new development will occur.


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Amend the Schedule to the Heritage Overlay for HO 167 and HO261 to better align the boundaries with the properties and update to include recommendations from the Conservation Management Plan: Delete Heritage Overlay 3 ‘Bendigo Civic Precinct’ and Heritage Overlay 273 ‘Atkinson Building’ as errors. Include the ‘All Saints Anglican Church, School and Master’s Residence Conservation Management Plan’ as a reference document.

Consultation/Communication Exhibition Procedures The Amendment was formally exhibited between 30 May and 1 July 2013 and the following notification occurred:

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

Notification to prescribed Ministers and authorities under Section 19(1)(c) of the Planning and Environment Act 1987.

Publication of the notice of the Amendment in the Bendigo Advertiser on 29 May and 1 June 2013.

Publication of the notice of the Amendment in the Government Gazette on 30 May 2013.

Drop in information session held on 9 June 2013. Four submissions were received; 3 supporting submissions from referral authorities and 1 opposing submission. The submission from the EPA was received 2 days after exhibition closed so is regarded as a late submission. Both the Diocese and the City have consulted with the opposing submitter to see if any of his issues could be addressed, however the submitter has asked that his objection still stand as is. Submissions

No. Submitter Summary of submission Officer Recommendation

1 Mr G. Lee Objects to amendment. • The site should remain for

Christian worship, used for 160 years, oldest church in Bendigo.

• The site is to be liquidated to provide the Diocese with financial rescue.

• The interior of the Old Cathedral including memorials and windows need to be protected.

• All Saints could and should be restored and re-used as a parish church.

• The church and the site are of great historic and

No change to amendment. The Diocese no longer wants to use the Church for worship and this cannot be affected through planning controls. The Diocese has recognised the historical values of the site and is protecting them by preparing the CMP and proposing new heritage controls and design controls on the site, including internal heritage controls. The windows and memorials will either be protected in situ or moved to St Pauls.


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No. Submitter Summary of submission Officer Recommendation

cultural significance. • New development will

have the effect of attracting people away from the Central Business District.

• New development will not lead to business growth opportunities.

Due to site constraints and location, the site will most likely be used for accommodation and perhaps offices which will contribute to the CBD economy by bringing more people into the area.

2 VicRoads No changes requested. No change to amendment

3 CFA No changes requested. No change to amendment

4 EPA No changes requested. No change to amendment

Key Issues The key issues for this amendment are the change of use of the site, protection of heritage values and the impact of redevelopment on surrounding areas, including the CBD. Change of Use The objector is concerned that the site will no longer be used for Christian worship. He is also concerned that by rezoning it to Commercial 1 it will compete with the CBD. The Anglican Diocese has not used the site for worship for some years and now wants to dispose of the site so it can be used by more of the general community and provide resources to maintain its other assets. The decision to use the site for worship is one to be made by the Diocese and not the Council. The Commercial 1 Zone does allow for more retail uses than the originally proposed Business 5 Zone, which supported mostly residential and office uses. The Commercial 1 Zone also contains a schedule where a maximum leasable floor area for shop can be specified. However, the use of this schedule is considered unnecessary because the site is unsuitable for major retail use because of its constraints of location, being away from a main road, and heritage buildings. These constraints mean that the site is more suitable for accommodation uses, such as hotel or apartments, and office uses rather than retail. Any retail use would most likely be boutique in nature and located within the heritage buildings. The proposed Amendment should in fact support and stimulate economic activity in the CBD and nearby View Street by allowing more people to work and reside in the area and consequently provide new patrons for shops and cafes. Impact on heritage values and neighbouring properties


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The objector is also concerned about the impact of the proposal on the heritage values of the site. However, the Diocese is committed to protecting the site’s heritage values and this is reflected in its undertaking of a CMP and the proposed planning scheme tools. The proposed Design and Development Overlay, amended Heritage Overlays that include internal controls, and the CMP will ensure that any proposed development on the site is well designed and sensitive to both the heritage assets and the neighbouring historic precincts through the planning permit process. An intensive development at the rear of the site could generate significant amounts of traffic but parking and access arrangements will be considered in more detail at the planning permit stage of any development. The site is covered by the Bendigo CBD Parking Overlay which encourages sustainable transport and reduced on-site car parking.

Conclusion

It is recommended that Council resolve to request the Minister for Planning to appoint an independent planning panel to hear the opposing submission.

Options

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

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

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

Abandon the Amendment or part of the Amendment. It is recommended that Council refer the submission to an Independent Panel appointed by the Minister.

Resource Implications

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

Attachments

Opposing Submission

Explanatory Report


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RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Accept the late submission received from the Environment Protection Authority

(EPA); 2. Adopt the recommendations detailed for each of the submissions in this report; and 3. Request the Minister for Planning to appoint an Independent Panel to consider the

outstanding submission.


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2.2 PLANNING SCHEME AMENDMENT C160 AND PLANNING PERMIT APPLICATION DS/594/2012 - REZONING AND SUBDIVISION OF LAND IN DUNCAN COURT, JUNORTOUN - CONSIDER SUBMISSIONS AND REFER TO PANEL


Author Shannon Rosewarne, Senior Planner Responsible Andy Walker, Acting Director Planning and Development Director

Summary/Purpose

This Amendment is a combined Planning Scheme Amendment and Planning Permit Application. The Amendment seeks to rezone land forming part of the McIvor Forest Estate to Residential 1 Zone, with the permit application seeking approval for subdivision, and rezones Council owned reserves to Public Park and Recreation Zone to more accurately reflect the ownership and public use of the reserves. The proponent of the Amendment is McIvor Forest Estate Pty Ltd. The Amendment has been exhibited with 13 submissions received. The 7 opposing submissions were from landowners in Duncan Court and McIvor Forest Drive while the 6 submissions from referral authorities had no objection to the amendment. Two opposing submissions were able to be resolved. None of the submissions objected to rezoning the Council owned reserves. The key issues raised in the submissions include:

Traffic impacts;

Change to character of the area;

Amenity impacts;

Impacts on flora and fauna;

Financial impacts including devaluation of property;

Whether other nearby land zoned Low Density Residential Zone should be included in the Amendment.

This report recommends Council change the Amendment to address one of the submissions received, and request the Minister for Planning appoint an Independent Panel to consider the outstanding opposing submissions.

Policy Context

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

Planning for Growth

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

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


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At the time the Victoria Planning Provisions were introduced in 2000, the zoning of the affected land was applied to reflect the layout of a proposed cluster development for the land. The Residential 1 Zone was applied over the area proposed for conventional sized allotments and Low Density Residential Zone over the larger residential lots. The unusual zone boundary that currently exists follows the alignment of the road proposed for that development. The Development Plan Overlay 4 was also introduced along the alignment of the zone boundary. The proposed cluster development did not proceed and the land has since been developed along a more conventional subdivisional layout. The rezoning of the privately owned land subject to this amendment from Low Density Residential Zone to Residential 1 Zone will allow the land to be further subdivided into smaller lots. The removal of Schedule 4 to the Development Plan Overlay (DPO4) from the affected land will remove the requirement for the preparation of a development plan prior to the issue of a planning permit, and ensure consistency between planning controls for the affected land and other land zoned Residential 1 Zone within the estate. A development plan is not required for the proposed subdivision in this instance. There is no longer a Development Plan Overlay affecting the rest of the estate, and the estate has largely been developed generally in accordance with an overall subdivision plan. The amendment will also rezone three Council owned reserves to a more appropriate zone which reflects the public use of the land and remove the DPO4, as a development plan is not required for this land.

The key steps in the amendment process are summarised below:


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Previous Council Decisions 15 April 2004 – Planning Permit DS/1001/2003 issued for the subdivision of McIvor Forest Estate. 27 March 2013 – Council resolved to request the Minister for Planning to Authorise Council to prepare Amendment C160 to the Greater Bendigo Planning Scheme and exhibit the amendment for one month.

Report

An Explanatory Report is attached that details the purpose, effect and strategic justification for the amendment as required. Land Affected by the Amendment The Amendment applies to:

Lot S PS645134


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Lot 92 PS539711, known as 8 Duncan Court

Lot 93 PS539711, known as 9-10 Duncan Court



Res 1 CS1241, known as 1 McIvor Forest Drive (Council owned)

Res 2 CS1241, known as 1 McIvor Forest Drive (Council owned)

Res 1 PS527974, known as 1 McIvor Forest Drive (Council owned)

Part of the road reserve in Duncan Court and McIvor Forest Drive

Figure 1: Map identifying the subject land

Figure 2: Aerial of area


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The subject land is located south of Trotting Terrace and to the east of Cassinia Drive. Lot S is a superlot created as part of the McIvor Forest Estate. The land is relatively flat with a number of scattered trees throughout. Only the northern portion of this property is affected by the amendment. Most of this property is already zoned Residential 1 Zone, except for the odd shaped area in the north zoned Low Density Residential. Lot 92 (8 Duncan Court) contains a dwelling and is predominantly zoned Residential 1 with the north west corner of the property falling within the Low Density Residential Zone. Lot 93 (9-10 Duncan Court) and Lot 94 (11 Duncan Court) are vacant and are predominantly zoned Low Density Residential with small sections along their eastern boundaries zoned Residential 1. The property known as 1 McIvor Forest Drive comprises three freehold parcels owned by Council. This land contains high voltage overhead powerlines and it is encumbered by an Electricity Transmission Easement. This property also has dual zoning. A separate Planning Permit Application (DS/539/2012) for subdivision of the two lots immediately south of Lot S, is currently being considered. These lots are in separate ownership to the land subject to this amendment, To the east, conventional residential development exists, while to the north and west of the site there are low density residential allotments, most of which contain dwellings. Further to the west, opposite the adjacent low density residential area is the Greater Bendigo National Park. What the Amendment Does The amendment proposes to:

Rezone the following land from Residential 1 Zone and Low Density Residential Zone to Public Park and Recreation Zone:

o 1 McIvor Forest Drive

Rezone the following land from Low Density Residential Zone to Residential 1 Zone:

o Lot S PS645134

o 8 Duncan Court

o 9-10 Duncan Court

o 11 Duncan Court

o Part of the road reserve for McIvor Forest Drive and Duncan Court

Remove Schedule 4 of the Development Plan Overlay from the following land:

o Lot S PS645134

o 8 Duncan Court

o 9-10 Duncan Court

o 11 Duncan Court

o 1 McIvor Forest Drive

o Part of the road reserve in McIvor Forest Drive and Duncan Court


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What the Planning Permit Does The planning application proposes a subdivision of 36 lots which range from 628-1,455 square metres in area and the removal of a covenant affecting No. 12 Duncan Court. The removal of the covenant that applies to Lot 95 is required as it prohibits further subdivision of this lot and restricts the number of dwellings able to be developed on the land. The Outline Development Plan shown at Figure 2 demonstrates how the subdivision will fit within the estate and how it relates to the surrounding development. The land subject to the permit application as part of this amendment has an area of approximately 3.6 hectares.

Figure 3: Proposed McIvor Forest Outline Development Plan


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Figure 4: Proposed Plan of Subdivision

Consultation/Communication

Exhibition Procedures The Amendment was formally exhibited between 4 July and 5 August 2013 and the following notification occurred:

Notification to 93 owners and occupiers of land affected by the amendment;

A sign was displayed on the land;

Notification of prescribed Ministers under Section 19(1)(c) of the Planning and Environment Act 1987;

Notification of all usual departments and service authorities materially affected under Section 19(1)(a) of the Act;

Publication of the notice of the amendment in the Bendigo Advertiser on 3rd and 6th of July 2013; and

Publication of the notice of the amendment in the Government Gazette on 4th July 2013.

Submissions Thirteen (13) submissions were received during the exhibition period. Consultation was undertaken with some of the opposing submitters. Two submissions were able to be resolved. The submissions are summarised below.


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No. Submission Supports/Objects Officer

Recommendation

1 Sandie Penn Objects. Amendment will change the character of the area. It will change a court to a through road and result in increased traffic and noise and visual impacts. The lots are presently large enough to support native fauna, even with dwelling, but the rezoning and subdivision will not allow this.

Refer to Key Issues for discussion on the concerns raised. The submission was not able to be resolved. Refer the submission to an Independent Planning Panel.

2 Brent & Elise Gibson Objects. Concern that amendment will result in increased traffic as conditions are already dangerous and overall subdivision plan doesn’t allow for an additional access point for the McIvor Forest Estate. The amendment should include other nearby lots in the Low Density Residential Zone. The amendment will result in devaluation of property. If the proponent can profit from rezoning, subdividing and removing covenants, then other landowners should be able to subdivide as well.

Refer to Key Issues for discussion on concerns raised. The submission was not able to be resolved. Refer the submission to an Independent Planning Panel.

3 Alecia Kanzamar Objects. Amendment will change the character of the area and result in amenity impacts due to higher density of development. Concern about traffic impacts and lack of new entry/exit points to Estate. Concern about impacts on flora and fauna.



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Recommendation

4 Craig Kanzamar Objects. Amendment will change the character of the area and result in amenity impacts due to higher density of development. Concern about traffic impacts and lack of new entry/exit points to Estate, and effect of this in fire emergency. Concern about impacts on flora and fauna and adequacy of 2003 Biodiversity Assessment, given 10 years has passed.


5 Steven & Breanna Attard

Objects. Submitter’s property was shown as a corner lot on original plan of subdivision and fencing has been constructed accordingly and to meet covenant requirements. The new plan of subdivision shows a new lot to adjoin submitter’s property, however fencing that has been installed will not suit this, and submitters will incur more expense to change fencing.

Proponent has agreed to pay for the cost of the fence. This submission has been resolved.

6 Carol Sing Objects. concerned about change in character of the area and amenity impacts, including increased traffic and car parking.



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Recommendation

7 Ruth & John Slavin Objects. concerned about privacy impacts, requests change to amendment to include covenant restricting development on the adjoining lots to single storey, and inclusion of a buffer on adjoining lots allowing for planting and no buildings within this buffer.

Consultation was undertaken with this submitter. The submission can be resolved by a change to the amendment. It is recommended that a permit condition requiring a restriction on the plan of subdivision specifying that no buildings may be constructed within 5m of the rear boundary of Lots 6 and 7, and that development on these lots must be single storey, be included on the planning permit.

8 VicRoads No objection No change to amendment.

9 NCCMA No objection No change to amendment.

10 Goulburn Murray Water

No objection No change to amendment.

11 Environment Protection Authority


12 SP Ausnet No objection No change to amendment.

13 Country Fire Authority


Key Issues The key issues are summarised below. Change to character of the area and amenity impacts Four submissions from landowners are concerned about amenity impacts of higher density development and a change to the current low density character of the area.


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The proposed subdivision seeks to create 36 lots which range from 628 to 1,455 square metres in area. The existing lots in Duncan Court zoned Residential 1 Zone also range in size, from approximately 790 to 2,275 square metres. The McIvor Forest Estate and adjoining developments will eventually create around 400 residential allotments in the immediate vicinity. Under the current Low Density Residential Zone, it is estimated approximately 16-18 lots could already potentially be developed within the subject site. The additional 18-20 allotments to be created as a result of this proposal is a modest increase overall. Also most of the land surrounding that owned by the submitters is zoned Residential 1 Zone, as such there will not be a significant change to the character of the area as a result of this proposal. Being an existing residential area, it is envisaged the noise generated from the proposed subdivision will be consistent with normal residential use of the land. Traffic impacts Five submissions are concerned about increased traffic within the Estate and the lack of new access points to the McIvor Forest Estate. The current Outline Development Plan shows Duncan Court becoming a through road and connected to another proposed subdivision of 56 lots adjoining the McIvor Forest Estate to the south of the subject land (Planning Permit Application DS/539/2012). There are three entrances to the McIvor Forest Estate, located in Trotting Terrace, Lanark Drive and Shetland Road. No new entrances to the estate are proposed. Although the proposed 36 lot subdivision, together with the proposed 56 lot subdivision to the south, will generate increased traffic within the Estate, the likely number of vehicle movements will not be unreasonable and will be local traffic. The road network will be able to cope with the additional traffic. A link road connecting Lot S to Duncan Court has always been a part of the overall plan for the area and approximately 16-18 lots could already potentially be developed within the subject site under the current zoning, most of which would require access through Duncan Court. Also, some of the traffic generated by this subdivision and the adjoining proposed subdivision to the south is likely to utilise the road to be developed along the southern boundary of the subject land, as an alternative to Duncan Court. Impacts on flora and fauna Three of the submissions are concerned about the amendment’s impacts on flora and fauna, with one submission criticising the accuracy of the information in the Biodiversity Assessment undertaken by ERM Australia Pty Ltd as it relates to the site, given the report is 10 years old. The Department of Environment and Primary Industries (DEPI) was consulted in the preparation of the draft planning permit and had no objection to the permit application, and noted that there has been a long history of planning approvals for this Estate, dating back to 2003, with any impact on native vegetation already accounted for and appropriately offset under Planning Permit DS/1001/2003.


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This permit allows for the removal of the remaining vegetation on the subject land and offsets have been provided to compensate for the removal of this vegetation. The Biodiversity Assessment (2003) did not identify any threatened species or viable habitats of those species previously recorded in the vicinity. Since the original ecological assessment was undertaken for the estate, a considerable amount of urban development has occurred in the immediate vicinity. This has had the effect of reducing the biodiversity value for the remaining small patch of native vegetation as it is no longer directly linked to any surrounding areas of significant habitat. It is noted the DEPI policy for native vegetation within existing urban areas is that it is deemed to be ‘lost’ and that offsets elsewhere will result in a better biodiversity value than attempting to maintain existing vegetation within an encroaching urban environment. It will be necessary to clear the land even for development under the current zone. As such, abandoning the amendment will not prevent the clearance of the vegetation. Financial impacts Devaluation of property is not a valid planning consideration. It must be substantiated and therefore has rarely been successfully argued as a ground of objection. Financial loss is a valid consideration with regard to covenant removal under section 60(2) of the Planning and Environment Act 1987, however only those landowners who benefit from the same covenant would be able to legitimately object to the permit application on these grounds. In this case, the proposal involves removing the covenant from 12 Duncan Court, but none of the submitters objecting in relation to property values are beneficiaries of the same covenant. Inclusion of other land within the Amendment The submission from Brent and Elise Gibson of 8 McIvor Forest Drive is concerned that other lots in the Estate and nearby area which are zoned Low Density Residential Zone should also be rezoned to Residential 1 Zone to enable subdivision. This submission expresses concern that consultation was not undertaken with landowners in the area prior to preparation of Amendment C160 to determine whether any other land could have been included in the amendment. Consideration was given to including other privately owned land prior to seeking authorisation to prepare the amendment, however it was decided not to include other land in Cassinia Drive, Trotting Terrace and McIvor Forest Drive. This was due to the complexity of the combined permit and rezoning process, the number of landowners that would be involved if the amendment was to rezone a wider area and the need for further consideration of the strategic issues related to rezoning land from Low Density Residential to Residential 1 Zone. Matters to consider include bushfire risk, vegetation removal and servicing, the review of the Bendigo Residential Strategy and the introduction of new residential zones.


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Mr & Mrs Gibson have the ability to initiate a private amendment to the Planning Scheme to seek a rezoning of their land. The State government recently made a change to the Low Density Residential Zone so that the minimum lot size for land which can be connected to reticulated services is now 2,000 square metres. As such, the Gibson’s land at approximately 4,100 square metres does have subdivision potential under its current zoning.

Conclusion

It is recommended that Council change the amendment to address the submission received by Ruth and John Slavin and refer the remaining 5 opposing submissions to an Independent Panel appointed by the Minister.

Options




Abandon the Amendment or part of the Amendment. Section 22(2) of the Planning and Environment Act 1987 advises that Council has the option of accepting late submissions, but must do so if requested by the Minister for Planning. While the submission from Mr & Mrs Slavin can be addressed by a change to the Amendment to include a condition on the planning permit to require a restriction on the plan of subdivision, and the submission from Mr & Mrs Attard has been resolved, 5 of the opposing submissions have not been able to be resolved and should be referred to an Independent Planning Panel for consideration.


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


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Attachments

Submissions

Explanatory Report

Draft planning permit - revised

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Change the amendment to address the submission received from Ruth and John

Slavin through the inclusion of a condition on the planning permit which requires the creation of a restriction on the plan of subdivision;

2. Adopt the recommendations detailed for each of the submissions in this report; and 3. Request the Minister for Planning to appoint an Independent Panel to consider the 5

opposing submissions.


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2.3 PLANNING SCHEME AMENDMENT C195 - REZONING OF LAND IN HAM AND ALLINGHAM STREETS, GOLDEN SQUARE TO CONSIDER SUBMISSIONS AND REFER TO PANEL


Author Alison Kiefel, Council Projects Planner Responsible Andy Walker, Acting Director Planning and Development Director

Summary/Purpose

The amendment proposes to rezone three sites, two part sites in Ham Street (47-65 and 41-45) and the whole of 195 Allingham Street, Golden Square to Industrial 3 Zone. This request has been made by Conceptz Town Planners on behalf of the owners. The amendment has been exhibited with 6 submissions received, including 1 objecting submission and 5 referral authority submissions. The objector is concerned with noise, devaluation of their property and the wildlife in the area. This report recommends Council request the Minister for Planning appoint an Independent Panel to consider the opposing submission from one neighbour.

Policy Context

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

Planning for Growth

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

Productivity

A diverse, strong and growing economy supports community resilience.


The key steps in the amendment process are summarised below:


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Conceptz Town Planning, on behalf of landowners (QME (Quarry and Mining Engineering) and GEM Uniform Services), enquired about rezoning 47 – 65 Ham and 195 Allingham Streets to Industrial 3 Zone from Residential 1 Zone to allow expansions of QME and to reflect an existing land use at GEM Uniform Services. The neighbouring lot in Ham Street was added to the rezoning proposal after consultation. The Environmental Audit Overlay (EAO) is proposed to be applied to the Allingham Street property as it is used for a commercial laundry/dry cleaners, which is a high risk contaminate use. The EAO is triggered when a planning permit for a sensitive use (eg. School, childcare centre) is required.


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Previous Council Decisions On 6 March 2013 Council resolved to request authorisation from the Minister for Planning and to exhibit the amendment.

Report

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

Figure 1 - Properties for rezoning outlined and objector marked with star.

The amendment affects land on the northern side of Ham Street, between Coonooer and Allingham Streets which is a mixed use area of residential and industrial. The three properties affected are 195 Allingham Street, 41-45 Ham Street and 47-65 Ham Street, Golden Square. The sites are generally flat and cleared of vegetation. The surrounding sites on the northern side of Ham Street are also in dual zoning of residential and industrial. The south side of Ham Street is predominately Low Density Residential Zone and Residential 1 Zone. 195 Allingham Street contains an existing industrial laundry business which has mostly developed all the site under existing use rights.


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47-65 Ham Street is utilised for manufacturing of mining and quarry machinery. The rear of the site is utilised for storage and the business wishes to expand closer to the road. 41-45 Ham Street contains an existing dwelling and a large workshop at the rear. What the Amendment Does The amendment proposes to:

Rezone land at 195 Allingham Street, and parts of 41-45 and 47-65 Ham Street, Golden Square, from Residential 1 Zone to Industrial 3 Zone; and

Apply the Environmental Audit Overlay to the land at 195 Allingham Street.


Exhibition Procedures The Amendment was formally exhibited between 23 May and 24 June 2013 and the following notification occurred:

36 owners, occupiers of land affected by the amendment and neighbours were notified.

Notification of prescribed Ministers and Authorities under Section 19(1) (a) and (c) of the Planning and Environment Act 1987.

Publication of the notice of the amendment in the Bendigo Advertiser on 22 and 25 May 2013.

Publication of the notice of the amendment in the Government Gazette on 23 May 2013.

Following exhibition, consultation occurred with a neighbouring submitter, and the submission was later withdrawn. We also invited the submitter, J Woods to consultation, however we have had no response. Submissions Seven (7) submissions were received during the exhibition period, and one was later withdrawn and is not discussed as part of this report.

Submitter Issue Officer Recommendation

1. J. Woods Objects Noise of existing uses in area and rezoning will cause more noise, devaluation of property, and impact on wildlife (particularly kangaroos and birds) from increased traffic.

No change to the amendment is recommended as the Industrial 3 Zone is considered compatible with the area. Noise is required to be considered when applying for a planning permit for use. The Industrial 3 Zone is designed to be ‘light’ industry uses, where noise levels are to be compatible


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Submitter Issue Officer Recommendation

with surrounding residential areas. This zone’s purpose includes being a ‘buffer zone’ between Industrial 1 Zone and residential areas. It is therefore appropriate that the sites be rezoned to Industrial 3 Zone. Property devaluation is not a planning consideration. The site is already located in an area that has been urbanised, and the habitat value of the area is considered low. The rezoning is not expected to have a significant impact on the biodiversity values of the site/area.

2. Department of Environment and Primary Industries

No objection. No change.

3. Coliban Water No objection. Should an increase in water consumption and/or waste water disposal be required in the future, a review of the supply should be undertaken.

No change. Owners would review circumstances should future use/development impact water consumption/waste water disposal.

4. Goulburn Murray Water


5. North Central Catchment Management Authority


6. VicRoads No objection. No change.

Key Issues Noise

The amendment has been considered in the context of the area, and proposes Industrial 3 Zone which is designed to allow ‘light’ industrial uses, where noise levels are to be compatible with surrounding residential areas.


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The proposed amendment is considered to be compatible with the surrounding area of industry to the north and residential to the south. Industry is a use which requires a planning permit under this zone, as well as a permit for buildings and works, where the offsite impacts (including noise) of the activity can be assessed. Wildlife

The site is already located in an area that has been urbanised, and is not subject to any specific overlay for the protection of flora or fauna. Also, as the sites are predominately cleared of vegetation, the habitat value of the area is considered low and therefore is not expected to have a significant impact on the biodiversity values of the site/area. Potential contamination

The application of the Environmental Audit Overlay (EAO) at 195 Allingham Street is to ensure that sensitive land uses (such as a school or childcare centre) are not permitted without an environmental audit because of the existing use as a laundry/dry cleaners. Devaluation

Devaluation must be substantiated and therefore has rarely been successfully argued as a ground of objection on planning merits. No evidence has been presented to suggest that properties in the area would be devalued as a result of the proposed rezoning. Economic sustainability and development

The established industrial precinct is located 3.5 km to the south of the Bendigo Central Business District and contains good road access to the Calder Highway. The amendment would allow QME to develop and use the entire site at 47-65 Ham Street for a commercial use that provides revenue, and the remainder of the sites to continue their businesses under the appropriate zoning.

Conclusion

It is recommended that Council adopt the officer recommendations above, and request an independent panel to hear the outstanding submission from J Woods.

Options




Abandon the Amendment or part of the Amendment.


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As stated above, should there be a submission to request to change an amendment, that amendment must be considered by one of the three options. In this case, it is not recommended we change or abandon the proposal, but refer the submission to an Independent Panel.


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

Attachments

Opposing Submission & Coliban Water Submission

Explanatory Report

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Adopt the recommendations detailed for each of the submissions in this report; and; 2. Request the Minster for Planning to appoint an Independent Panel to consider the

outstanding submission.


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2.4 23 HAGGAR STREET, EAGLEHAWK 3556 - 2 LOT SUBDIVISION OF LAND AND CONSTRUCTION OF ONE DWELLING AND CARPORT


Author Ross Douglas, Manager Planning Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

This application seeks planning permission for a two-lot subdivision and construction of a second dwelling in a heritage precinct at 23 Haggar Street, Eaglehawk. The key issues with this application are: Is the land suitable for subdivision?

The impact of the proposal on the heritage precinct.

The impact of the proposal on neighbourhood character.

Whether the proposal complies with ResCode. The siting of the existing dwelling on the land constrains the potential development of the site and makes it extremely difficult to further subdivide and develop, without compromising the existing heritage precinct and the existing neighbourhood character. The land is not suitable for subdivision. The City’s Heritage Advisor does not support the application because it will adversely impact on the heritage streetscape. This report recommends that the City of Greater Bendigo Council refuse planning permission for this proposal.

Policy Context


Planning for Growth


Productivity


Sustainability

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


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The subject site once formed part of 2 Willan Street, Eaglehawk. An application was received in July 2005 to subdivide 2 Willan Street into three lots. Numerous objectors opposed the application so it was altered to a two-lot subdivision which was subsequently approved. The second lot is now the subject site. The current application was originally for subdivision only. Given the constraints of the site and the need to assess the impact of the proposed new dwelling on the heritage streetscape, the applicant agreed (upon request) to amend the application to include the construction of the dwelling.

Report

Application No: DS/941/2012

Application Date: 11 December 2012

Applicant: G W Fraser

Land: 23 Haggar Street, EAGLEHAWK 3556

Zoning: Residential 1 Zone

Overlays: Heritage Overlay 19

Subject Site and Surrounds

The subject site is located on the corner of Haggar and Willan Streets, approximately 450 metres from the Eaglehawk town centre. It is fairly flat and has a frontage to Haggar Street of 25.15 metres. It is located within the Eaglehawk Heritage Precinct and has a total area of approximately 638 square metres. The site contains a two-bedroom dwelling, a shed and a carport. The dwelling has a pitched grey colorbond roof and cream weatherboard cladding. There is vehicular access to the site from both Willan and Haggar streets. A 2.7-metre wide drainage easement crosses the site diagonally from the north-west to the south-east. The surrounding area is developed with dwellings of various sizes but on lots of around 1,000 square metres. This has resulted in a streetscape with largish lots and dwellings with generous spaces between them.


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Figure 1: Location map showing subject site (Flown July 2013).

Proposal

The proposal is to subdivide the site into two irregular shaped lots and construct a dwelling and carport on the second lot. The irregular shape is because of the drainage easement which traverses the site.


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Figure 2: Proposed site plan Lot 1 would contain the existing dwelling and have an area of approximately 327 square metres and Lot 2 would have an area of approximately 311 square metres. The proposed two-bedroom dwelling is to be extremely simple in design, of weatherboard cladding and with a 10 degree pitched colorbond roof. The total floor area of the dwelling is to be 70 square metres. The design and presentation of the proposed dwelling is similar to the existing dwelling on the site but with a lower pitch roof.

Planning Controls - Greater Bendigo Planning Scheme

This proposal needs a planning permit under both the Residential 1 Zone and the Heritage Overlay. The following clauses are relevant in the consideration of this proposal:


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State Planning Policy Framework

Clause 15.01 Urban environment (Urban Design)

Clause 15.03-1 Heritage conservation Municipal Strategic Statement

Clause 21.06 Housing (Urban design and neighbourhood character)

Clause 21.08 Environment (Heritage)

Clause 22.06 Heritage Policy

Clause 22.13 Eaglehawk Residential Character Policy Local Planning Policies

Clause 32.01 Residential 1 Zone

Clause 43.01 Heritage Other Provisions

Clause 55 Two or more dwellings on a lot and residential building

Clause 56 Residential Subdivision


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

Referral Comment

Drainage No objection subject to conditions

Heritage Advisor The proposed subdivision and the form of the proposed dwelling will have an adverse impact on the heritage precinct. Refer to attached report.

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

Planning Assessment

The site is well located for in-fill residential development because of its proximity to the Eaglehawk town centre and other community facilities. However, this locational advantage is offset by the constraints of the site which prevent the proposal from being able to meet all of the requirements of the Planning Scheme.


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Is the land suitable for subdivision? The site is diagonally traversed by a 2.7 metre wide drainage easement which severely limits the options for an appropriate subdivision and any new dwelling. Because of the easement any subdivision of this lot will result in an unusually shaped parcel and small lots size, significantly smaller than the average lot size in this residential precinct. The sizes of the two proposed lots are 327 and 311 square metres whereas the average lot size on this side of the street varies between 900 and 1,000 square metres. The lots sizes across the road are smaller but on average are around 500- 600 square metres. Because of this, any development will be so restricted that it would have to be set forward of the existing dwelling on the lot, or be two storey or be of an unusual shape or design. Consequently any new dwelling on the new lot would be highly visible and have an undue impact within the streetscape. Clause 56 (Residential Subdivision) of the Planning Scheme contains objectives that proposed subdivisions for residential purposes should meet. Clause 56.03-5 has as an objective to ensure that the design of subdivisions responds to neighbourhood character. The size and shape of the proposed lots are simply not in keeping with character of the area (predominately larger lots, with well-spaced dwellings). Clause 56.04-2 has an objective “to provide lots with areas and dimensions that enable the appropriate siting and construction of a dwelling, solar access, private open space, vehicle access and parking, water management easements, and the retention of significant vegetation and site features”. Because the new proposed lot is between 300-500 square metres, this Clause requires that it should be able to contain a dwelling within a building envelope of 10 metres by 15 metres. The proposed new lot cannot meet that prescribed dimension because of its shape and the existing easement. Consequently the land is not suitable for further subdivision and should be refused on that basis alone. However Council needs also to consider the merits of the development proposal. Neighbourhood Character A critical issue for the new dwelling is its impact on neighbourhood character. The Planning Scheme provisions which relate to the need to protect neighbourhood character when considering applications are at Clauses 15.01-5 (Cultural Identity and Neighbourhood Character), 21.02-2 (Neighbourhood Character) and Clause 22.13 (Eaglehawk Residential Character Policy, (Eaglehawk, Precinct 1) and 55 (Rescode). The intent of Clause 22.13 is also to implement the findings of the City of Greater Bendigo Residential Character Study 2001.


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One of the main aims of the Residential Character Study is to ensure that development in residential areas responds to the particular built form and natural environment elements that achieve the desired future neighbourhood character of the area in which it is located. The desired future character for this neighbourhood precinct (Eaglehawk Precinct 1) is that the heritage qualities and intimate, pedestrian-friendly feel of streetscapes will be maintained and strengthened. The application has been assessed in the table below against the objectives set out to achieve the desired future character for this precinct.

Objectives Responses

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

Retain and restore wherever possible, Victorian, Edwardian, Federation and Interwar era dwellings. Alterations and extensions should be appropriate to the building era.

Comments: No significant building is proposed to be demolished or altered.

To encourage the consideration of the landscape setting of the dwelling

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

Comments: A relatively basic landscape plan has been submitted with the application but even with the basic landscaping proposed it would be difficult to soften the impact of the proposed dwelling in the streetscape.

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

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

Comments: The proposed dwelling and carport substantially encroach (4 metres) into the front setback, therefore the proposal does not meet this standard.

To maintain the rhythm of dwelling spacing

Buildings should be off-set from one side boundary.

Comment: Although the dwelling will be set back from both side boundaries, it is less than the average setback in the street and does not respect the existing neighbourhood character.

To minimise the dominance of car storage facilities

Locate garages and carports behind the line of the dwelling. Use rear access where available.

Comments: The proposed carport is in line with the front wall of the proposed dwelling and adds to the unacceptable setback for the dwelling.

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

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

Comment: The proposal does not meet this standard. Please refer to the section on heritage below.


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Objectives Responses

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

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

Comment: The proposed dwelling does not respect the predominant building height in the street as it is much lower than the average dwelling in the street. A graduation of building heights between the existing dwellings and the proposed one would be more appropriate.

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

In streets dominated by weatherboard dwellings, use timber or other non-masonry cladding materials where possible, and render, bag or paint brick surfaces.

Comments: The proposal complies with this design response as the proposed dwelling would be of weatherboard cladding.

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

Provide open style front fencing. Front fences should not exceed 1.2 metres other than in exceptional cases.

Comment: No front fence is being proposed.

The proposal meets some of the objectives set out in the above table but fails to meet the desired future character for this precinct. It will potentially adversely impact on the pattern of development, the built form and the architectural and the roof styles that prevail in this neighbourhood. It is important for this proposal to achieve this objective because the site is also within a heritage precinct. Does the proposal comply with the requirements of the Heritage Overlay? The property is within Heritage Overlay 19 - Eaglehawk Precinct. The statement of significance for this precinct states that: “This precinct represents the architectural and historical core of Eaglehawk which was developed during the latter half of 19th century on the riches gained from a quartz mining area which was among the richest in the colony. It contains both individually important and contributory sites which form significant streetscapes, particularly in Church Street, Brassey Square and Sailors Gully Road.” Clause 21.08 (Heritage), Clause 22.06 (Heritage Policy) and Clause 43.01 (Heritage Overlay) are relevant considerations when assessing whether a proposal will adversely affect the significance of a heritage place. The application was referred to the City's Heritage Advisor, who responded:

"The proposed subdivision and form of the proposed dwelling on the subdivided land will have an adverse effect on the heritage precinct and approval is not recommended."


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The form and location of the proposed dwelling do not fit in this heritage streetscape. The streetscape is dominated by dwellings with high pitch roofs. The proposed dwelling has a considerably lower roof pitch than the average dwelling in the precinct and the setbacks to front and side boundaries are inappropriate. As the appearance of the proposed dwelling would be out of scale and proportion with other dwellings in the streetscape, the significance of the heritage place will be adversely affected. Does the proposal comply with Rescode (Clause 55)? The proposal has been assessed against Clause 55 (ResCode) of the Planning Scheme. The proposal meets some of the objectives set under ResCode but it does not meet those relating to neighbourhood character (Standard B1), building heights (Standard B7), energy efficiency (Standard B10) and private open space (Standard B28). The proposal also does not comply with the street setback objective (Standard B6) as discussed above. Standard B1 of ResCode relates to neighbourhood character. As assessed and demonstrated earlier, the proposal does not meet the relevant local policies which relate to neighbourhood character. As a result, it does not meet this Rescode standard. The proposal also fails to meet the objective set for building heights (standard B7). The standard for this objective is that changes of building height between existing and new buildings should be graduating. As shown on the street elevation plan submitted with the application, the proposal is considerably lower than adjoining dwellings, so does not provide for graduation in building heights in the streetscape. The proposal also does not meet standards B10 and B28 of ResCode which relate to energy efficiency for the dwelling and access to its private open space. Standard B10 is to ensure that the layout and orientation of development are appropriate so as to maximise use of daylight and solar energy. This proposal does not achieve this as there are no windows on the north-facing elevation and also the living area is not located facing the north. In addition, there is no access to the proposed private open space from a living area which will limit its usability by residents of the dwelling. In conjunction with the above non-compliance and the poor street setback, the proposal does not comply with substantial areas of ResCode.

Conclusion

Although the site is located in an area generally suitable for in-fill development, the constraints of the property (size, drainage easement and heritage context) make it unsuitable for further subdivision and development. When assessed against the requirements of the Planning Scheme, the proposal fails to meet key requirements, would adversely impact on the heritage streetscape and does not represent an acceptable outcome, there for the application should be refused.


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Options

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

Attachments

Heritage Advisor’s Report

RECOMMENDATION

Pursuant to Section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Refusal to Grant a Permit for the 2-lot subdivision of land and construction of one dwelling and a carport at 23 Haggar Street, Eaglehawk for the following reasons: 1. The proposal would have an adverse impact on the significance of the heritage

values of the place contrary to Clauses 21.08 and 22.06 of the Greater Bendigo Planning Scheme.

2. The proposal fails to respect existing and preferred neighbourhood character of the place contrary to Clause 22.13 of the Greater Bendigo Planning Scheme.

3. The proposal fails to comply with Clauses 55 and 56 of the Greater Bendigo Planning Scheme.


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2.5 8-14 HAKEA ROAD, HUNTLY 3551 - SUBDIVISION OF THE LAND INTO 33 LOTS AND THE REMOVAL OF NATIVE VEGETATION


Author Stephen Wainwright, Coordinator Subdivisions Responsible Andy Walker, Acting Director Planning & Development Director

Summary/Purpose

This report concerns a planning permit application to subdivide a 2.4ha Crown allotment located in Huntly. The subdivision will yield 33 residential lots. The site has three road abuttals, namely to Hakea Road, Rennie Street and Gungurru Road. There is significant roadside vegetation in Gungurru Road. The potential impact of the subdivision upon this native remanent vegetation is a key consideration in relation to the application. The proposed subdivision will feature three lots with a direct abuttal to Gungurru Road. In addition, a new internal through-road will be created as part of the subdivision that will intersect with Gungurru Road. One local resident has objected to the proposed subdivision. The focus of their objection is on the environmental qualities of Gungurru Road. They argue that the new internal road shouldn't be allowed to connect to Gungurru Road because of the impact upon the roadside vegetation. This report concludes that the subdivision won't have an unreasonable impact on the native vegetation in Gungurru Road subject to the plan being amended to increase the lot sizes of some of the lots closest to Gungurru Road. The proposal complies with the residential subdivision provisions in the planning scheme (clause 56). The report recommends that a Notice of Decision to Grant a Permit be issued for the subdivision, subject to conditions.

Policy Context


Planning for Growth


Productivity



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Report


Application Date: 21 March 2013

Applicant: Geoff Shaw & Associates Pty Ltd

Land: 8-14 Hakea Road, HUNTLY 3551


Overlays: Nil


The site is located in Huntly, 300m east of Midland Highway. The site consists of a single, rectangular land parcel of 2.426ha. Three roads abut the site: Hakea Road, Rennie Street and Gungurru Road. The site is vacant. The topography of the site is essentially flat. There is remnant native vegetation contained in the road reserves of Gungurru Road and Hakea Road.

Figure 1: A map showing the site. The objector's property is marked with a star.

Proposal

The proposal is to subdivide the site into 33 residential lots. A total of 11 lots will front Rennie Street. The remaining lots will be serviced by a new 16m wide internal road that will extend between Hakea Road and Gungurru Road, parallel with Rennie Street. The proposed lot sizes will vary, with most of the lots being between 600m2 and 700m2. The lots will be fully serviced, except for reticulated gas which is not currently available in Huntly.


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The small number of scattered trees that current exist on the site will be removed or will be deemed to be lost as a result of the subdivision.


The site is in the Residential 1 Zone. There are no overlays covering the site. A permit is required to subdivide the site under the zone provisions. The following clauses in the planning scheme are relevant to the application. State Planning Policy Framework Regional development (clause 11.05). Biodiversity (clause 12.01). Urban environment (clause 15.01). Sustainable development (clause 15.02). Residential development (clause 16.01). Movement networks (clause 18.02). Development infrastructure (clause 19.03). 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). Reference documents (clause 21.10). Local Planning Policies Salinity and erosion risk policy (clause 22.04). Huntly Township residential character policy (clause 22.17). Other Provisions Residential 1 Zone (clause 32.01). Native vegetation (clause 52.17). Residential subdivision (clause 56). Decision guidelines (clause 65). Referral and notice provisions (clause 66).


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

Referral Comment

Coliban Water No objection subject to conditions

Powercor No objection subject to conditions


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Referral Comment

Tenix No objection subject to conditions

Development Engineer (internal) No objection subject to conditions

Public Notification The application was advertised to the public by mail and on-site notices. One objection to the application was received. The objector is concerned about the impact of the subdivision upon the remnant native vegetation in Gungurru Road. This issue will be discussed later in the report.

Planning Assessment

Will the subdivision have a detrimental impact on the significant roadside vegetation in Gungurru Road? The 215m section of Gungurru Road north of Rennie Street is classed as significant roadside vegetation with a "low" rating. The section is sign posted as significant vegetation and it is mapped on the City's GIS system (see figure 2 below). The roadside vegetation in Gungurru Road is significant in part because it is habitat for the Whirrakee Wattle which is rare flora in Victoria. According to internal advice, the wattle is not found in the road reserve in front of the subject site but is present on the opposite side of the road.

Figure 2: The boundaries of the significant roadside vegetation in Gungurru Road

The Gungurru Road vegetation provides a bio-link between the small nature reserve to the west of the site, on the corner of Gungurru Road and Green Street, and the much larger patch of Crown land at the southern end of Gungurru Road.


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The section of road reserve in front of the subject site contains a variety of remnant eucalyptus trees and under-storey plants. The largest trees have been surveyed and are shown on the proposed plan of subdivision. Some of the trees are quite large (up to 90cm in diameter). Towards the southern end of the site's frontage to Gungurru Road there are several trees located on the boundary line of the site. The objector's submission emphasises the importance of the roadside vegetation. They argue that the subdivision should not be allowed to impact upon Gungurru Road, in particular through the construction of the proposed internal road. They also submit that construction activity, such as machinery passage and earthworks, should be sensitive to the site's vegetated abuttal.

Figure 3: A view north along the Gungurru frontage of the site

In response to the objection, the applicant amended the proposed alignment of the internal road in order to minimise the loss of vegetation in Gungurru Road. The point of connection between the internal road and Gungurru Road now broadly corresponds with a section of the road reserve where vegetation is sparsest. Under the revised plan a total of five eucalyptus trees will need to be removed from the road reserve to accommodate the internal road. This author has given thought to whether it is acceptable for the subdivision to cause any vegetation losses from within the road reserve. It is possible, for instance, to redesign the subdivision so that there was a single cul-de-sac street off Hakea Road or a connection through to Rennie Street instead of Gungurru Road. These options would eliminate any impact on Gungurru Road. On balance this author believes that a new road connection can be accommodated within Gungurru Road without having a detrimental effect on the environmental qualities of the roadside vegetation. Disturbance of the road reserve is not without precedent. Council has constructed a pedestrian path through the reserve, presumably with the loss of some under-storey. The revised plan has sought to minimise vegetation losses to only five trees and associated under-storey. Such losses are not large in proportion to the overall scale of the reserve.


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Having said that, it is this author's opinion that the proposed subdivision has some deficiencies in terms of its interface with Gungurru Road. Three of the proposed lots in the subdivision will have a side abuttal to Gungurru Road. These lots are around 600m2. Given the size of the lots there is limited scope to incorporate a buffer between any new house constructed on the lots and the adjoining road reserve. The absence of a buffer will have implications for the on-going viability of the roadside vegetation. The principle of separating houses from neighbouring vegetated areas, such as a forest, is expressed in the context of the urban-forest interface policy which is contained in the planning scheme. The policy calls for 30m buffer between new homes and existing forested areas. The rationale for the policy is that if homes are built too close to vegetation then there is pressure from future residents to incrementally remove vegetation to relieve the threat of falling tree limbs, etc. While arguably the policy doesn't apply in this case, the principle of separating new house lots from the existing vegetation in Gungurru Road is relevant. The Huntly Township character policy seeks to maintain and strengthen established vegetated streetscapes (see the policy extract in Figure 4 below). Establishing a buffer is an effective technique to achieve this objective.

Figure 4: An extract from the Huntly Township Residential Character Policy

Having regard to the size and dimensions of the site, and the nature of the vegetation in Gungurru Road, this author is comfortable that a 15m buffer would provide a reasonable separation between any new development on the site and the adjoining road reserve. No dwelling or outbuilding would be allowed to be constructed within the buffer zone. To provide space to incorporate a 15m buffer it will be necessary to increase the size of the three lots which are proposed to adjoin Gungurru Road. This can be achieved by consolidating these lots with other lots, resulting in an overall reduction of three lots within the subdivision. Subject to this change the proposed lots in the subdivision will have an acceptable interface with Gungurru Road.


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Are the proposed vegetation losses in Hakea Street acceptable? The roadside vegetation in Hakea Street, in front of the subject site, doesn't have the same ecological importance as the vegetation in Gungurru Road. Hakea Street is not classed as significant roadside vegetation. The proposed internal through-road will necessitate the removal of vegetation from the Hakea Street road reserve. Vegetation will also need to be removed to accommodate kerb and channel and a footpath. Overall, upon completion of the subdivision very few of the existing trees along the Hakea Street frontage of the site are likely to remain.

Figure 5: A view south along the Hakea Road frontage of the site

The loss of the Hakea Street vegetation is acceptable to facilitate the proposed development. The vegetation is of low conservation significance and lacks connectivity with other patches of vegetation. Furthermore, Hakea Street is not identified as containing endangered flora such as the Whirrakee Wattle. Does the subdivision design comply with Clause 56 in the planning scheme? The site is zoned for residential purposes and is within walking distance of the town centre of Huntly. The subdivision will capitalise on the site's location advantages and will add to the diversity of housing stock in Huntly. These outcomes are consistent with the objectives of clause 56. The lots will be suitable for conventional suburban housing and will be capable of being fully serviced, except for reticulated gas which isn't currently available in Huntly. The lots will be large enough to accommodate a variety of dwelling layouts with generous space for backyards and gardens.


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The proposed lot sizes are compatible with the existing neighbourhood character. The layout of the subdivision generally following the grid-like pattern of the existing street network and is therefore acceptable. Overall, the subdivision meets all the objectives of Clause 56 and will yield a positive development outcome for the area. Other matters While the vegetation losses proposed in Gungurru Road and Hakea Road have been taken into account in this assessment of the application, the developer hasn't explicitly sought permission at this stage for vegetation to be removed from within these road reserves. This is not a barrier to granting a permit for the subdivision though. The developer will need to apply separately for a vegetation removal permit in due course. Any future permit application will need to account for the removal of five trees in Gungurru Road and for the removal of all the vegetation in Hakea Street. Three scattered trees will be removed from within the boundaries of the site. It is appropriate to allow for their removal under the current application subject to them being offset as a condition of the permit.

Conclusion

For the reasons discussed above it is concluded that with minor changes the subdivision envisaged by the permit application meets the requirements of the planning scheme. On this basis a permit should be granted.

Options

Council, acting as the responsible authority for administering the planning scheme, may resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

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 land at 8-14 Hakea Road Huntly which allows for the subdivision of the land and the removal of native vegetation (excluding native vegetation in the adjacent road reserves) subject to the following conditions:

1. AMENDED PLANS Before the plan of subdivision is certified an amended 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 then form part of the permit. The plan must be generally in accordance with the plan submitted with the application (reference number 5729/11) but modified to show:


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(a) The consolidation of Lot 1 with Lot 24, Lot 2 with Lot 23, and Lot 3 with Lot 4 (with an overall reduction of three lots).

(b) A 15m wide building exclusion zone shown along the Gungurru Road frontage of the site.

2. LAYOUT MUST NOT BE ALTERED

The layout of the subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

3. BUILDING EXCLUSION ZONE The plan of subdivision must include restriction in accordance with the endorsed plan. No building may be constructed inside the building exclusion zone shown on the endorsed plan.

4. SECTION 173 AGREEMENT Before a plan of subdivision is certified the owner of the land must enter into an agreement with the responsible authority under section 173 of the Planning and Environment Act 1987 and must make application to the Registrar of Titles to have the agreement registered on the title to the land under section 181 of the Act, which provides that: no lot will gain vehicular access directly via Gungurru Road.

5. PUBLIC OPEN SPACE CONTRIBUTION Before a statement of compliance is issued for the subdivision the owner of the land must pay to the responsible authority a sum equivalent to 5% of the site value of all the land in the subdivision.

6. LANDSCAPE PLAN Before a statement of compliance is issued for each stage of the subdivision a landscape plan for the relevant stage must be submitted to the satisfaction of the Responsible Authority. When approved, the plan will be endorsed and then form part of the permit.

7. COMPLETION OF LANDSCAPING Before a statement of compliance is issued for each stage of the subdivision the landscaping works shown on the endorsed must be carried out and completed for that stage to the satisfaction of the responsible authority.

8. LANDSCAPING MAINTENANCE The landscaping works shown on the endorsed plans must be maintained to the satisfaction of the responsible authority for 12 months after the works are completed, including that any dead, diseased or damaged plants are to be replaced.

9. NATIVE VEGETATION Before the native vegetation shown on the endorsed plan is removed (from within the boundaries of the subject site only) a total of 90 new plants must be replanted to the satisfaction of the responsible authority to compensate for the removal of three large trees of low conservation significance.


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10. DETAILED DRAINAGE Prior 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. (d) Approval from the relevant authority for the point of discharge.

11. DRAINAGE EASEMENTS The subdivision must provide easements for drainage within and through the subject land for external outfall drainage to a point of lawful discharge to the satisfaction of the responsible authority.

12. STORMWATER DETENTION Before a statement of compliance is issued for the subdivision the developer 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: Q10 = 21 l/s per ha; Q100 = 46 l/s per ha.

13. STORMWATER QUALITY Before the subdivision starts the developer 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.

14. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: Rennie Street and Hakea Road: (a) Kerb and channel and associated pavement works. (b) Paved footpaths. (c) Underground drainage. (d) Underground conduits for water, gas, electricity and telephone. (e) Street lighting.

Internal road: (a) Fully sealed pavement with kerb and channel. (b) Paved footpaths. (c) Underground drainage. (d) Underground conduits for water, gas, electricity and telephone. (e) Appropriate intersection and traffication measures. (f) Appropriate street lighting and signage. (g) High stability permanent survey marks.


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15. DECORATIVE LIGHTING Standard Powercor power poles are to be used in the development in accordance with the City of Greater Bendigo Decorative Lighting Policy.

16. PUBLIC ASSETS Before 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.

17. CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. The plan must include: (a) A site specific plan showing proposed erosion and sedimentation control works. (b) Techniques and intervention levels to prevent a dust nuisance. (c) Techniques to prevent mud and dirt being transported from the site to adjacent

streets. (d) The protection measures taken to preserve the significant roadside vegetation

in Gungurru Road, including measures to minimise soil disturbance. During construction of works associated with the subdivision, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency.

18. COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to

each of the lots within the subdivision. 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.

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


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(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.

20. TENIX

The plan of subdivision submitted for certification must be referred to SP AusNet (Gas) in accordance with Section 8 of the Subdivision Act 1988.

21. TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with:

• A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

(b) Before the issue of a statement of compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: • A telecommunications network or service provider that all lots are connected

to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

22. EXPIRY OF THE PERMIT - SUBDIVISION

This permit will expire if: (a) The plan of subdivision is not certified within two years from the date of this

permit; or (b) The subdivision is not completed within five years from the date of certification of

the plan of subdivision. The responsible authority may extend the time for certification of the plan if a request is made in writing before the permit expires or within three months afterwards.


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2.6 4 BARWON DRIVE, KENNINGTON 3550 - 2 LOT SUBDIVISION OF LAND AND CONSTRUCTION OF TWO DWELLINGS


Author Simon Francis, Planning Officer Responsible Andy Walker, Acting Director Planning & Development Director

Summary/Purpose

Planning permission is sought for a two lot subdivision and construction of two dwellings at 4 Barwon Drive, Kennington. The key issues are as follows:

The principle of intensification of residential development in this location.

Whether the proposal will adversely affect residential amenity, traffic and car parking availability in the area.

Five objections to the proposal have been received from adjoining owners and occupiers. A consultation meeting was held, however, the matters raised were not able to be resolved. The site is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure and shopping facilities and public transport. The principle of infill development in this location is therefore supported. The proposed design complies with the Greater Bendigo Planning Scheme and it is recommended that that the Greater Bendigo City Council issues a Notice of Decision to grant a planning permit.

Policy Context


Planning for Growth

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

A diverse, strong and growing economy supports community resilience. Sustainability

Report

Application No: DSD/381/2013

Application Date: 14 May 2013


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Applicant: R C Davies

Land: 4 Barwon Drive, KENNINGTON 3550


Overlays: None


The site is an irregular shaped allotment with frontage of 10m to Barwon Drive and an area of 818m2. The site is vacant of any buildings or vegetation of significance. The site has a gentle fall of approximately 1.5 metres from the eastern boundary to the Barwon Drive frontage. The surrounding land uses are wholly residential with single storey detached dwellings being the typical built form. The site is within the area covered by Strathdale/Kennington 8 Residential Character Policy which describes the neighbourhood as follows: ‘This precinct, developed mostly from the 1960s to the 1980s, is one in which the horizontal emphasis of dwelling form is important, resulting from the long, low elevations of the buildings in relation to their height. Brick and tile is the predominant building material. Most have similar, modest front and side setbacks, creating a more intimate street feel, combined with an absence of front fencing in most instances’.

Figure 1: Location map showing subject site. Objector's properties marked with a star. Proposal

It is proposed to subdivide the block into two lots with areas of 333m2 and 374m2, common property area of 110m2 and construct two single storey dwellings. The dwellings would be detached and present to the common property.


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Both dwellings would have three bedrooms, family/kitchen/ meals area, laundry, two bathrooms and an alfresco dining area. Each dwelling would also have an attached double garage. The dwellings would be of traditional pitched roof design with corrugated iron roof sheeting and a combination of rendered and face brick work. The proposed materials reflect those existing in the streetscape and ensure adherence to the covenant registered on title.


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

11.05 Regional Planning

15.01 Urban environment

15.02 Sustainable environment

16.01 Residential development Municipal Strategic Statement

21.05 Settlement

21.06 Housing

21.10 Reference documents Local Planning Policies

22.24 Strathdale/Kennington 8 Residential Character Policy Other Provisions

32.01 Residential 1 Zone

52.06 Car Parking

55 Two or more dwellings on a lot and residential buildings

56 Residential Subdivision

65 Decision Guidelines


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

Referral Comment

Traffic & Design No objection subject to conditions. Comments relating to having the waste and recycling bins collection by a private service given the road layout were made.



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

Traffic, parking, bin location and pedestrian issues;

Over development of the site;

Noise and light issues from vehicle movements;

Impact on property values.

The applicant tabled amended plans at the consultation meeting which were distributed to all attending parties to consider further. The changes related to the width of garage doors which subsequently resulted in very minor changes to the dwellings and subdivision layout. The objections are discussed below.

Planning Assessment

Principle of Residential Development Clause 11.05-4 Regional planning strategies and principles has the objective of developing regions and settlements which have a strong identity, are prosperous and are environmentally sustainable. Of particular relevance to this application is the strategy to limit urban sprawl and direct growth into existing settlements, promoting and capitalising on opportunities for urban renewal and redevelopment. Clause 16.01 Residential development has objectives which promote a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is both water and energy efficient. The importance of energy and resource efficiency is also referenced in Clause 15.02 Sustainable development. The City's Settlement and Housing policies within the Municipal Strategic Statement (MSS) are supported by a residential development strategy which advocates for urban consolidation in the form of high quality, medium density in-fill housing. The land is zoned Residential 1, lies within the Urban Growth Boundary and the proposal meets the overarching objectives of housing policies within the SPPF and the Residential Development Strategy as it would provide for urban consolidation in an area which has good access to local services and facilities. Whilst the location is appropriate for medium density, infill development, it is important to balance this against other objectives in the Planning Scheme as set out in the MSS. This includes the need to ensure developments meet the identified neighbourhood character of the area. This is discussed further below.


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Neighbourhood character is referenced as an important consideration throughout the Planning Scheme including Clauses 15.01 Urban Environment, 16.01 Residential development, 21.06 Housing, 22.24 Strathdale/Kennington 8 Residential Character Policy, 32.01 Residential 1 Zone, 55 Two dwellings on a lot and 56 Residential Subdivision. The Flora Hill Residential Character Policy has a series of objectives and suggested design responses which are assessed in the table below.

Objectives Suggested Design Response

To strengthen the garden settings of the dwellings.

Prepare a landscape plan to accompany all applications for new dwellings. Retain large, established trees and provide for the planting of new indigenous and native trees whenever possible.

Comment: No vegetation exists on the site and a landscaping plan has been provided which allows sufficient space around the dwelling and within the common property for appropriate planting to occur. Although indigenous and native trees are preferred, the proposed planting schedule is appropriate to the existing streetscape context.

To minimise site disturbance and impact of the building on the landscape.

Buildings should be designed to follow the contours of the site or step down the site.

Comment: The buildings have been designed to step down the site with some site cut and fill required.



Comment: The proposed setback is less than the average of those within the immediate streetscape. This is due to the site shape and narrow entry point to the site. The principle of varying the setback requirement is acceptable.


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

Comment: The predominant building height in the area is single storey as are the proposed dwellings. Low pitched roof forms are identified in the character description and 22.5 degree roof pitch is proposed to ensure the proposal complies with the Covenant on title.


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Objectives Suggested Design Response

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: Both dwellings have a 1 metre setback from both side boundaries therefore meeting the suggested design response.

To maintain the openness of the streetscape.

Provide no front fencing

Comment: No front fences are proposed.

The design of the dwellings is reasonably well articulated and located on the site considering the layout of the lot. It is concluded that the proposal is respectful of neighbourhood character and in accordance with the objectives of the Strathdale/Kennington 8 Residential Character Policy. Residential Amenity / ResCode The proposal meets the requirements of the both Clause 55 (two or more dwellings on a lot) and Clause 56 (subdivision of land). Impact of increased road traffic, street parking and pedestrian pressures Residents raised concern regarding the impact on the availability of car parking. It was requested that a portion of the nature strip outside 3 Barwon Drive be converted into a hard stand area for vehicles to park. Officer comment: Clause 52.06 Car Parking requires that 2 spaces must be provided for dwellings with 3 bedrooms or more. The proposal has provided the required amount of spaces so is compliant with the Planning Scheme in this regard and does not require additional parking to occur on the road reserve. In addition. the road system has the ability to accommodate vehicles associated with two additional dwellings and trucks during the construction phase without placing any unreasonable pressure on the road system and pedestrian safety. Other Issues

Loss of property value

Officer comment: There is no evidence that approval of this proposal will affect the value of private property and in any case the effect of a planning decision on property values is generally not a planning consideration.

Bin Collection

An objector requested that hard stand bin collection areas be set aside on the road reserve for bin collection.


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Officer comment: The road layout does not allow garbage and recycling trucks to collect the bins from in front of the subject site. The bins need to be suitably located in front of a neighbouring property, the same as what occurs at number 7 to allow bin collection to occur. The City’s Coordinator of Waste Services advised that although it is not ideal to locate bins on an adjoining property it is a suitable location. The temporary nature of locating a bin on the road reserve in front of an adjoining property does not warrant the need for a hard stand area.

Light spill and noise from vehicles entering and exiting the site.

An objection relating to the impact of noise and light disturbance occurring from vehicles entering and exiting the site on the master bedroom of the property at 3 Barwon Drive was raised. The objector requested a 4 metre high hedge be planted along the property boundary to address this concern. Officer comment: The applicant was not prepared to plant such a high hedge. There is sufficient distance (more than 7 metres) from the proposed dwelling to the existing dwelling at number 3 and the existing 1.8 metre high fence separating the sites ensures that light spill from vehicles and associated noise will not have a detrimental impact on the existing dwelling.

Conclusion

The proposal would result in an efficient use of an infill development site which is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure and shopping facilities and public transport. The proposal is respectful of neighbourhood character, protects existing amenity and complies with the requirements of the Greater Bendigo Planning Scheme.

Options


Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the subdivision of land into two lots and construction of two dwellings at 4 Barwon Drive, Kennington subject to the following conditions: 1. LANDSCAPE PLAN REQUIRED

Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of


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the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) Details of surface finishes of pathways and driveways (b) 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

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

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

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

4. NO ALTERATION TO LAYOUT The use and development permitted by this permit as shown on the endorsed plans 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.

5. REFRIGERATION AND 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.

6. DETAILED DRAINAGE PLANS: Prior 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

7. 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

Q5 = 6.0 l/s Or


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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 $ 1,000 or such amount applying at the time of payment.

8. STORMWATER QUALITY Before 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 (Victorian 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 acceptance 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 in its immediate catchment. Such amount is assessed as $750.00 or such amount applying at the time of payment.

9. DRAINAGE WORKS Prior 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 conditions above.

10. SECTION 173 AGREEMENT Prior 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:

The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction.

Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots. Each system must be completed prior to connection to the responsible authority’s drainage system.

The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority.

The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times.

The Owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system.

11. CITY OF GREATER BENDIGO ASSETS

Before the development starts, the owner or developer must submit to the


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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.

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

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

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

15. PEDESTRIAN SIGHTLINES The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-8 of the City of Greater Bendigo Planning Scheme.

16. SERVICE AUTHORITY CONDITIONS (TENIX, POWERCOR AND COLIBAN WATER) The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. The 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.


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a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

(b) Before the issue of a Statement of Compliance for any stage of the

subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

18. EXPIRY OF THE PERMIT - SUBDIVISION AND DWELLINGS


permit; or (b) The subdivision is not completed within five years from the date of

certification of the plan of subdivision; or (c) Construction of the approved dwellings is not completed within 5 years from

the date of this permit. The responsible authority may extend the time for certification of the plan, or for the completion of the dwellings, if a request is made in writing before the permit expires or thereafter, within the period allowed by section 69 of the Planning and Environment Act 1987.

City of Greater Bendigo Asset Planning and Design Unit 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.


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CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with; (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005, and (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 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. Error! Not a valid filename.

Picture 2 Elevation plans


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Picture 3: Artistic impression of how dwellings will sit in the streetscape (minus landscaping)


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2.7 227-233 & 229 MARONG ROAD, MAIDEN GULLY 3551 - REALIGNMENT OF BOUNDARIES, 2 LOT SUBDIVISION, DEVELOPMENT AND USE OF THE LAND FOR A PLACE OF ASSEMBLY (CHURCH), SIGNAGE AND FOOD AND DRINK PREMISES (CAFE)


Author Bryce Kilian, Statutory Planner Responsible Andy Walker, Acting Director Planning & Development Director

Summary/Purpose

Planning permission is sought for the realignment of boundaries, two lot subdivision, development and use of land for a place of assembly (church), signage and food and drink premises (café) at 227 – 233 Marong Road, Maiden Gully. The key issues are as follows:

Effluent disposal.

Whether the proposal is appropriate for the low density residential nature of the area.

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

Whether the proposal will have a negative traffic impact on the Calder Alternate Highway.

Whether the proposal is a good urban design outcome. Two objections to the proposal have been received from local residents. No formal consultation meeting was arranged as the applicant did not believe the objections could be resolved. The assessing officer did undertake verbal conversations with the objecting parties and the applicant for the permit. The concerns of the objecting parties could not be resolved. The site is in a good location to provide for the relocation and expansion of an existing church by providing enough land to accommodate the new church building, associated car parking and landscaping. The site is in close proximity to residential Bendigo, Maiden Gully and other residential developments. The proposal has demonstrated compliance with policy, is respectful of the low density residential nature of the area and it is recommended that the Greater Bendigo City Council issues a Notice of Decision to grant a planning permit.

Policy Context


Planning for Growth



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Productivity


Report

Application No: DU/902/2012

Application Date: 26 November 2012

Applicant: Properties Corporation

Land: 227-233 & 229 Marong Road, MAIDEN GULLY 3551

Zoning: Low Density Residential Zone

Overlays: Development Plan Overlay 4


The subject site consists of two titles which are discussed below: 227 – 233 Marong Road

This site is an irregular ‘u’ shape of 1.4 hectares which contains an existing dwelling positioned on the north eastern portion of the site and shedding to the south of the dwelling. The dwelling is accessed from a service track within the Marong Road reserve. The site slopes from south to north. 229 Marong Road

The site is a rectangular shape of 0.4 hectares containing an existing dwelling and shedding. The dwelling is located in the northern half of the site with shedding to the south of this dwelling. The site is also accessed from a service track within the Marong Road reserve. The site slopes from south to north.

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


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Proposal

The proposal is for the realignment of two existing boundaries, two lot subdivision, development and use of the land for a place of assembly (church), signage and a food and drink premises. Boundary realignment and subdivision The current boundaries of the property known as 229 Marong Road will remain basically the same size and shape as it is currently however will be realigned further to the east. It will contain an existing dwelling and shedding. The larger of the two lots known as 227-233 Marong Road will be subdivided into two lots, one vacant lot measuring 8,512 square metres for the proposed church and the other measuring 5,500 square metres containing an existing dwelling and shedding. Development and use of land for a place of assembly and food and drink premises A purpose built building will be constructed on the western portion of 227-233 Marong Road. The building will be clad in a mixture of Colourbond, timber and other lightweight materials. The development will be required to connect to Coliban Water's reticulated sewerage system. The building will be setback 34.8 metres from the northern boundary, 6.5 metres from the western boundary at its closest point, 12.3 metres from the eastern boundary and approximately 30 metres from the southern boundary at its closest point. The building itself will be approximately 49.7 metres long by 36.6 metres wide with an overall height of 6.8 metres. The building will contain a large chapel/auditorium capable of seating 450 people, a number of offices, meeting rooms, hall space, toilets and a kitchen with café. The applicant has detailed the following hours of operation and staffing;

Administration – Monday to Saturday 9am to 5pm with a maximum of 10 staff.

Café – Tuesday to Friday 9am to 5pm with a maximum of 5 staff.

Church service – two services on Sunday 9am to 12noon and 1pm to 3pm catering for 450 people.

Youth meetings – Tuesdays and Thursdays from 6pm to 9pm and Sundays from 4pm to 7pm with a maximum of 100 people.

Children’s playgroup – Monday to Friday 8am to 7pm with a maximum of 60 people including staff.

Prayer Groups – Mondays, Wednesdays and Fridays from 5pm to 9pm and Saturday from 2pm to 5pm with a maximum of 160 people per session.

Weddings – Maximum of 40 per year on Fridays and Saturdays catering for a maximum of 250 people for duration of 5 hours each.

Funerals – Maximum of 40 per year from Monday to Friday approximately 4 hours duration per funeral.

Special events –the church community will use the main auditorium for concerts, presentations and social gatherings not more than 12 times per year. These events only occur on a Tuesday or Thursday evening or during Saturdays and Sundays.


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Car parking and landscaping Car parking areas are proposed along the frontage of the site, along the eastern boundary and to the south of the proposed building. A total of 135 car parking spaces will be provided to cater for the uses proposed. Landscaping is shown throughout the development site consisting of large trees, medium trees, shrubs and grasses/ground covers. The plantings are mostly locally indigenous plants. Advertising Signage A total of six signs are proposed for the development. The details of the signage are indicated below:

Two signs will be positioned in close proximity to the site's boundary with Marong Road containing the wording ‘Welcome to Bendigo Church of Christ’ along with service times, a contact phone number and a logo. The signs will be 2 metres by 2 metres and will be 2 metres off the ground. These signs will be illuminated with a single flood light per sign until 11pm.

Two signs will be placed on the building itself containing the wording ‘Welcome to Bendigo Church of Christ’ measuring 2 metres by 2 metres.

Two signs will be placed on the building directing patrons to the various functions of the building such as the main entrance, café and administration areas. These signs will measure 1 metre by 1 metre.



15.01-1 Urban Design

15.01-2 Urban Design Principals

19.02-3 Infrastructure – Cultural Facilities Other Provisions

32.03 Low Density Residential Zone

43.04 Development Plan Overlay 4

52.06 Car Parking





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Referral Comment


VicRoads No objection subject to conditions

Public Transport Victoria No objection

Traffic & Design No objection subject to conditions


Environmental Health Comments related to the connection of the site to sewerage and notations relating to this as well as notations relating to the food and drink elements of the proposal.

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

Appropriateness of the proposal in a low density residential context.

Amenity impacts on adjoining properties through the hours of operation and patronage numbers.

Traffic management and impacts on Marong Road and Kronk Street.

Property devaluation.

The objections are discussed below.

Planning Assessment

What does the Planning Scheme say? In the case of this particular application there is very little guidance given by the Planning Scheme. There are no specific policy documents from the State or Local Planning Policy Framework guiding place of assembly developments, nor are there any specific decision guidelines from the Low Density Residential Zone. What the State Policy documents do offer relate to the provision of good urban design to make the environment more liveable and attractive and for developments to respond to their context. These considerations are discussed in greater detail below.


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Is the use appropriate for the location? The site is located within a Low Density Residential Zone which has the purpose of providing for low density residential development on lots which, in the absence of reticulated sewerage can treat and retain all wastewater on site. This purpose does not give a clear indication about the appropriateness of the zone for non-residential uses, however, all components of the application are uses allowable in this zone. Whether the site is appropriate for the proposed use and development is a difficult question owing to the nature of the locality and the lack of guidance within the zone as discussed above. The likely catchment areas for the church and the projected significant increases in population in Maiden Gully, Marong, Eaglehawk and Kangaroo Flat will potentially increase demand in these areas (and others) for religious institutions. Therefore the site is well positioned to take advantage of this growth. The site is big enough to accommodate the proposed use, the buildings proposed, car parking requirements for the use and landscaping buffers. With appropriate conditions relating to on site management, limitations on noise emissions from the building itself and increased landscaping to help screen the development from adjoining dwellings, the site is appropriate for a development of this nature. The counter argument is that in the immediate vicinity of the site the character of the area is single, residential dwellings on a lot with a quasi-rural feel. Nothing nearby approaches the size and scale of the building and hard surfaced car parking areas proposed. Will the proposal have an impact on the amenity of the locality through visual bulk and noise emissions? Noise, light pollution and visual impact It is very likely that there will be an impact on the amenity of the area, however, the site is adjacent to a very busy, significant road linking Bendigo to the residential developments in Maiden Gully, Marong and beyond. It is questionable as to whether the low speed vehicle noise generated by the proposed use would be audible over the high speed vehicle noise from Marong Road. Light emissions from vehicle headlights within the site onto adjoining properties is a concern, however, with appropriate landscaping around the boundaries of the site these emissions can be minimised. Conditions will be placed on any permit issued relating to noise emissions from within the building itself being compliant with the relevant EPA requirements and increased, appropriate landscaping be placed along the boundaries of the site to minimise the visual bulk of the building and the presence of vehicles on the site. With these conditions the proposal will not have a negative or detrimental impact on the amenity of the surrounding dwellings.


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Urban design The proposal includes large, hard-surfaced areas of car parking along the frontage to Marong Road, along the eastern boundary with a dwelling (owned by the church) and to the south of the site. It is acknowledged that the large expanses of car parking areas are not ideal but in this circumstance, to provide for the projected patrons and to comply with the planning scheme it is necessary. The applicant has made efforts to beautify the car park areas through landscaping and appropriate plantings and additional landscaping as a condition will further reduce this impact. The building will be located centrally on the site and will be constructed of Colourbond steel, timber and other lightweight cladding materials. The landscaping areas provided within the car park as well as the materials chosen for the building construction will result in a good urban design outcome and whilst there will be an alteration to the look and feel of the area it won't be a negative change. Hours of operation The hours of operation for the premises are similar to other existing churches in the municipality and are in line with the existing hours the church currently operates. Due to the measures employed by the applicant to minimise disturbance to the area and the proposed conditions to be imposed on any permit that issues, the hours of operation will not have an impact on the locality. How will the site dispose of effluent? Initially, the applicant proposed to install a septic tank system on the property to handle the effluent generated. The City’s Environmental Health officers had significant concerns with the functionality and practicality of this system on this site and under the particular circumstances of the development. Therefore the application was sent to Coliban Water for comment and they have required the development to be connected to reticulated sewerage. Connection points are located up hill near the Specimen Hill Road intersection with Marong Road or downhill in proximity to Sparrowhawk Road. Both options would require investigation and the applicant will be required to work closely with Coliban Water to reach an agreeable and appropriate outcome for the provision of reticulated sewerage which will be a condition of the permit. Will the proposal have negative impacts on the traffic of Marong Road and Kronk Street? The application was referred to VicRoads for their comments as the proposal will generate significantly increased vehicle movements entering and exiting Marong Road. VicRoads requested conditions be placed on any permit issued requiring a Transport Impact Assessment Report (TIAR) be prepared by a suitably qualified professional to demonstrate whether or not the proposal will have a detrimental impact on the function of the road. If the findings of the TIAR are acceptable to VicRoads the proposal will proceed. Further clarification on this matter has been sought from VicRoads who have indicated that the likely findings of a TIAR will state the requirement for left and right turn lanes on Marong Road in accordance with AustRoads Guidelines.


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Conclusion

In conclusion, the application is recommended for approval on the basis that it represents an acceptable planning outcome with regard to policy, the appropriateness of the location, the amenity of the locality, traffic movements and effluent disposal.

Options


Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for realignment of boundaries, 2 lot subdivision, development and use of the land for a place of assembly (church) and food and drink premises (cafe) at 227-233 and 229 Marong Road, Maiden Gully subject to the following conditions: 1. NO LAYOUT ALTERATION

The use and/or development permitted by this permit as shown on the endorsed plan(s) 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.

2. BAFFLED LIGHTING Outdoor 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.

3. COMPLY WITH STATE NOISE POLICY N-2 Noise emissions must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

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

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


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6. NO FLASHING LIGHT IN SIGNS Flashing or intermittent light must not be used in the sign(s) permitted by this permit except with the prior written consent of the responsible authority.

7. EXTERNAL SIGN ILLUMINATION External sign lighting 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.

8. SPECIFIED ILLUMINATION HOURS Except with the written consent of the responsible authority the sign(s) may only be illuminated between the hours of:

5:00pm – 10:00pm

9. CAR PARK CONSTRUCTION Before the use or occupation of the development starts, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be: (a) Constructed (b) Properly formed to such levels that they can be used in accordance with

the plans (c) Surfaced with an all-weather-seal coat (d) Drained (e) Line marked to indicate each car space and all access lanes (f) Clearly marked to show the direction of traffic along access lanes and

driveways to the satisfaction of the responsible authority. (g) Designed to be compliant with Australian Standard AS/NZ 2890.1:2004. (h) Comply with disabled parking bays - Australian Standard AS/NZ

2890.6:2009. (i) Provided with public lighting in accordance with AS/NZ 1158.0-2005/Amdt

2-2010 minimum light category P11/P12 and the fitting are to minimize spill lighting on to neighbouring property (including road reserves) in accordance with AS/NZ 4282-1997.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

10. STORMWATER DRAINGE Drainage plans, including computations and longitudinal sections, must be provided to and approved by the Responsible Authority for the lot in the development to the Responsible Authorities nominated point of discharge. Once approved, the plans will be endorsed as part of the planning permit and must not be further altered without the prior written consent of the Responsible Authority.


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11. STORMWATER DETENTION Prior to the development connecting to the responsible authorities 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: Lot 3 Q100 = 36 l/s Q5 = 16 l/s

12. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with plans and specifications approved by the responsible authority and must include for the frontage (and/or other boundary) of the site: (a) Service road access is to be constructed and sealed (b) Underground drainage

13. LANDSCAPE PLAN Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The landscaping plan must be generally in accordance with the landscape concept plan dated 16th November 2012 prepared by Lotus Building Design Interior Design. 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,


(d) Increased planting density of appropriate locally indigenous shrubs or otherwise to act as screening along the boundaries particularly the western and southern boundaries

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

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



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16. SECURITY ALARMS All security alarms or similar devices installed on the land must be of a silent type in accordance with any current standard published by Standards Australia International Limited and be connected to a security service.

17. LOUDSPEAKERS No external sound amplification equipment or loudspeakers are to be used for the purpose of announcement, broadcast, playing of music or similar purpose.

18. HOURS OF OPERATION Except with the prior written consent of the responsible authority, the use permitted by this permit must operate only between the following times:

Monday to Saturday 9:00am – 5:00pm – General administration

Tuesday to Friday 9:00am – 5:00pm – Café use

Tuesdays and Thursdays 6:00pm - 9:00pm youth meetings (maximum 100 people)

Sunday 4:00pm - 7:00pm – youth meetings (maximum 100 people)

Monday to Friday 8:00am - 7:00pm – children's playgroup (maximum 60 people including staff)

Monday, Wednesday and Friday 5:00pm – 9:00pm – prayer group (maximum of 160 people per session)

Saturday 2:00pm – 5:00pm - prayer group (maximum of 160 people per session)

Sunday 9:00am – 12 noon and 1:00pm – 3:00pm – church service (maximum of 450 people per service)

Weddings – maximum of 40 per year on Fridays and Saturdays for a maximum of 250 people with a duration of 5 hours maximum

Funerals – maximum of 40 per year Monday to Friday with a duration of 4 hours per funeral

Special events – to be held in the main auditorium consisting of concerts, presentations and other social gatherings not more than 12 times per year occurring on a Tuesday, Thursday, Saturday or Sunday only.

19. VICROADS CONDITIONS

(a) Prior to the certification of the subdivision; i. The Plan of Subdivision must be amended to include a five metre

wide road along the Calder Highway frontage vested in Council. ii. A Transport Impact Assessment Report (TIAR) must be prepared by

a VicRoads pre-qualified consultant to the written satisfaction of VicRoads. The TIAR must address such issues as predicted traffic generation, distribution and the impact of the development on the existing arterial road network in particular the intersections of the service road adjacent to the property and the Calder Highway.

(b) The Traffic Impact Assessment Report must include details of the package of mitigating works intended to be carried out as a consequence of the proposed development and any identified works must be completed to the satisfaction of VicRoads prior to the issue of a Statement of Compliance.

(c) The discharge of any concentrated drainage onto the Calder Highway reserve must not be permitted unless approved in writing by VicRoads.


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

20. COLIBAN WATER CONDITIONS

(a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with out specifications.


Asset Planning & Design Note CONSENT FOR WORKS ON ROAD RESERVES The applicant must comply with:

The Road Management Act 2004,

Road Management (Works & Infrastructure) Regulations 2005; and

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 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. Environmental Health Notes Food

If preparing and selling food from any part of the facility then the premises must be constructed and maintained in accordance with the Food Act 1984 and the Food Standards Code.

A plan of the proposed food premises must be provided to and assessed by Environmental Health & Local Laws prior to the commencement of construction and/or fit-out. The Application form for plans assessment and information on the construction and fit-out of a food premises can be downloaded from City of Greater Bendigo webpage www.bendigo.vic.gov.au/Business/Food_businesses or by contacting Environmental Health & Local Laws on 5434 6333.

The premises must be registered with City of Greater Bendigo under the provisions of the Food Act 1984. The business shall not commence trade until an Environmental Health Officer has conducted the final inspection of the premises and registration under the Food Act 1984 has been granted.

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


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Coliban Water must be contacted to determine whether the premise requires a grease trap. Environmental Health and Local Laws must be consulted in regards to the appropriate location of a Grease Trap to ensure compliance with the Food Standards Code.

Tobacco

If smoking is permitted in outdoor drinking and dining areas, the area must comply with the Tobacco Act 1987 (refer to the Smoke free guide: Licensed premises and outdoor dining and drinking areas booklet, available from Council or from the web at www.health.vic.gov.au/tobaccoreforms/outdoor.htm)

http://www.health.vic.gov.au/tobaccoreforms/outdoor.htm


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2.8 20 DOWDING STREET, CALIFORNIA GULLY 3556 - 4- LOT SUBDIVISION AND CONSTRUCTION OF 3 DWELLINGS



Summary/Purpose

Planning permission is sought for a 4 lot subdivision and construction of 3 dwellings at 20 Dowding Street, California Gully. The key issues are as follows:

Whether the proposal will generate excessive noise.

Whether the proposal will generate excessive traffic volumes.

If the proposal is an acceptable outcome for the character of the area. One objection was received to the proposal from a nearby resident. Consultation took the form of a formal consultation meeting with the objector, the applicant and land owner, Cr Cox, Cr Williams and the assessing officer. The concerns of the objecting party could not be resolved. The site is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure and shopping facilities and public transport. The proposal has demonstrated compliance with ResCode and is respectful of the character of the area and it is recommended that the Greater Bendigo City Council issues a Notice of Decision to grant a planning permit.

Policy Context


Planning for Growth


Productivity


Report


Application Date: 18 February 2013

Applicant: Penno Drafting & Design


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Land: 20 Dowding Street, CALIFORNIA GULLY 3556


Overlays: None


The subject site is rectangular in shape with an approximate frontage to Dowding Street of 20 metres and a depth of 62.3 metres with a total area of 1,246 square metres. The site slopes from south to north so the block is higher than land to the north and lower than land to the south. An existing dwelling (which will be retained) is located on the southern quarter of the block fronting Dowding Street. The surrounding land uses are wholly residential with single storey detached dwellings being the typical built form. The site is within the area covered by the Eaglehawk Residential Character Policy, Precinct 4 which describes the neighbourhood as follows: “This precinct contains housing mainly build since the 1950’s that constitute the ‘outer suburbs’ of Eaglehawk. Consistency of setbacks within streetscapes is important, as are roof shapes, because they can be dominant in streetscapes and provide a consistent theme. The horizontal emphasis of the dwelling form is also important, resulting from the long, low elevations of the buildings in relation to their height. Mature vegetation in private yards and public reserves often provides a backdrop”.

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


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Proposal

Subdivision The subdivision proposes four lots ranging in size from 378 square metres (containing the existing dwelling) to 222 square metres with a 150 square metre common property. The common property will run along the western boundary of the site allowing access to the three proposed new lots. The existing dwelling will be accessed from Dowding Street. Development Three new dwellings are proposed, all situated behind the existing dwelling. The new dwellings will be constructed of brick with Colorbond roofing. All will have two bedrooms, kitchen/dining/lounge rooms, laundry, bathroom and a single garage. The dwellings will front the common property and have the secluded private open space to the east of the buildings.



11.05 Regional Planning

15.01 Urban environment

15.02 Sustainable environment

16.01 Medium density housing Municipal Strategic Statement

21.05 Settlement

21.06 Housing

21.10 Reference documents Local Planning Policies

22.13 Eaglehawk Residential Character Policy Other Provisions

32.01 Residential 1 Zone

52.06 Car Parking

55 Two or more dwellings on a lot and residential buildings

56 Residential Subdivision





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Referral Comment



Telstra 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 one objection was received, with the grounds of objection being:

Increased noise pollution from the development.

Increased traffic generation from the development. The objections are discussed below.

Planning Assessment

Will there be an affect on the amenity of the location through noise pollution from the development? During construction there may be increased noise owing to the nature of building dwellings, however there are EPA guidelines relating to noise emissions from construction sites and work hours that must be adhered to. Once the construction phase is completed there will be no ongoing impacts from noise as the proposal is for residential dwellings which do not generate excessive noise. Will there be detrimental impacts on the area owing to increased vehicle movements to and from the site? On average a dwelling generates 10 vehicle movements per day (VPD), as such there will be an additional 30 VPD as a result of this proposal. Dowding Street has a 10 metre bitumen road within a 21 metre reserve. A road with a 10 metre sealed width is identified as a collection/connector street and has a capacity of up to 3,000 vehicles per day as per the City’s Infrastructure Design Manual. An additional 30 VPD will not generate any negative impacts on the road network. The proposal also complies with the vehicle parking requirements of the planning scheme. Does the proposal fit with the character of the area?


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The site is within the Eaglehawk Residential Character 4 Precinct. The statement of desired future character for this precinct is ‘the consistency of siting and horizontality of the dwellings will be maintained’. The desired future character is to be achieved by the following objectives and design responses:

Objective Design Responses

To maintain and strengthen the garden settings of the dwellings.


Retain large, established trees and provide for the planting of new trees wherever possible.

Comment: A landscape plan has been prepared in support of the application. The landscape plan indicates appropriate plantings and location of plantings however additional information is required and is a permit condition.



Comment: The dwellings will be stepped down the site complying with this design response and minimising the visual impact the dwellings may have on Dowding Street.



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

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: There will be no change to the setbacks of the existing dwelling and all proposed dwellings will have setbacks of between 3.7 metres and 5 metres from both side boundaries so the proposal is respectful of the streetscape.


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

Comment: The new dwellings will be located behind the existing dwelling and will be single storey in design with 22.5 degree roof pitches which is in keeping with the general look of the street, ensuring the buildings are not dominant in the streetscape.


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

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

Comment: Surrounding dwellings are mostly weatherboard construction with the proposed dwellings being brick, however, owing to their location in line behind the existing dwelling they will not be highly visible from any street.


Use low or open style front fences.

Comment: No new front fence is proposed.

The design responds well to the character of the street and complies with the above policy. The fact that the dwellings are situated at the rear of the existing dwelling and have been designed appropriately to be respectful of the streetscape adds weight to the assessment that the proposal should be approved.

Conclusion

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

Options


Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for a 4 lot subdivision and construction of 3 dwellings at 20 Dowding Street, California Gully subject to the following conditions: 1. NO LAYOUT ALTERATION

The use and development permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.


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2. LANDSCAPE PLAN REQUIRED Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The 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,


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


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

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

7. 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.

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


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9. DETAILED DRAINAGE PLANS Prior 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

10. 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

Q10 = 11.0 l/s per hectare

11. STORMWATER QUALITY Before the use or development commences, the owner or applicant must provide a stormwater treatment system to achieve the “Best Practice Environmental Guidelines” storm water quality (Victorian 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 acceptance 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 in its immediate catchment. Such amount is assessed as $750.00 or such amount applying at the time of payment.

12. DRAINAGE WORKS Prior 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 8 above.

13. SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEM Prior 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:

The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction.

Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots. Each system must be completed prior to connection to the responsible authority’s drainage system.

The owner will maintain each on-site detention system and/or treatment


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system and not modify without prior written approval from the responsible authority.

The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times.

The Owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system.

14. CITY OF GREATER BENDIGO ASSETS

Before 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.

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

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

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

18. PEDESTRIAN SIGHTLINES The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-8 of the City of Greater Bendigo Planning Scheme.

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


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

21. 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.


a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

(b) Before the issue of a Statement of Compliance for any stage of the

subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

23. TENIX

The plan of subdivision submitted for certification must be referred to SP AusNet (Gas) in accordance with section 8 of the Subdivision Act 1988.

24. 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


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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.


(f) Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

25. COLIBAN WATER

(a) The applicant or owner is required to reach agreement with Coliban Water for the provision of reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets.

(b) The applicant is to provide evidence to the satisfaction of Coliban Water that existing private water pipes and sanitary drains do not cross the boundaries between lots. Where modifications to pipes or drains are required in order to satisfy this requirement, all work is to be carried out in accordance with AS3500 National Plumbing and Drainage Code of Australia and the relevant requirements of Coliban Water. Works to modify Coliban Water assets may only commence with prior approval by Coliban Water.

(c) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region Water Corporation.

(d) All proposed sewers must be located at least 1 metre from an existing or proposed structure/boundary.

26. EXPIRY OF THE PERMIT - SUBDIVISION AND DWELLINGS


permit; or (b) The subdivision is not completed within five years from the date of

certification of the plan of subdivision; or (c) Construction of the approved dwellings is not completed within ten years

from the date of this permit. The responsible authority may extend the time for certification of the plan, or for the completion of the dwellings, if a request is made in writing before the permit expires or thereafter, within the period allowed by section 69 of the Planning and Environment Act 1987.

Telstra Note Approval does not cover alterations to existing Telstra plant or network. Locations of existing network can be obtained from Dial Before You Dig – Ph: 1100


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For co-ordinated Telstra plant reticulation in this development, please refer to www.telstrasmartcommunity.com to register your development and apply for reticulation. 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 RESERVES The applicant must comply with: (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005, and (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 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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2.9 7 GLENCOE STREET, KENNINGTON 3550 - 10 LOT SUBDIVISION OF LAND AND CONSTRUCTION OF 10 DWELLINGS



Summary/Purpose

The application is for the subdivision of land into ten lots and the construction of ten dwellings at 7 Glencoe Street, Kennington. Four objections have been received. No consultation meeting was held owing to the similarities between this proposal and the previous proposal and the objecting parties being the same with similar grounds of objection. The application does not meet the requirements of the Planning Scheme and the application should be refused. 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;

Whether the proposal accords with the findings of a previous VCAT decision on the site.

Policy Context


Planning for Growth


Productivity



Until late 2010 a weatherboard dwelling occupied the site. Council rate records indicate the dwelling was constructed circa 1920. There is no record of Council having given report and consent to the demolition; however, a privately issued building permit (granted on 01/11/2011) approved the demolition of this dwelling. The demolition of the dwelling did not require planning approval. All vegetation was removed from the site at the time.


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Application DSD/793/2010 for an eleven lot subdivision and construction of eleven dwellings was applied for on 26 November 2010. This application went to Council at its 27 July 2011 ordinary meeting. Council resolved to refuse the application. Subsequently the land owner appealed this decision to VCAT, who agreed with Council's decision to refuse the application. An initial assessment of this revised proposal was undertaken by the assessing officer and a request for further information was sent to the applicant requesting changes to the design and layout of the proposal in line with the comments made by VCAT. Subsequent to this, a number of basic functional layout changes were made but these were limited to the location of visitor parking spaces, bicycle parking provisions and alteration to the floor levels for dwellings 1,4,5 and 7.

Report


Application Date: 5 February 2013

Applicant: Steflok Investments Pty Ltd

Land: 7 Glencoe Street, KENNINGTON 3550


Overlays: N/A


Site The subject site is an irregular shape and is approximately 3,108 square metres in size. It slopes from south to north and from east to west. The site is currently vacant. Surrounding land to the east, south and west is all residentially zoned and utilised for dwellings. Land to the north is zoned Public Park and Recreation Zone and is utilised as a public oval (Harry Trott Oval). Surrounding dwellings are predominantly single storey, however, the dwelling to the north east is double storey. Land to the south and west is slightly elevated compared to the subject site. Surrounding dwellings are a mixture of weatherboard and brick and feature either tiled or steel roofing. Broader context Glencoe Street is a local, City of Greater Bendigo managed, road. The road width is approximately 14 metres (kerb to kerb) and contains footpaths on one side only (the south side, opposite the review site). A fireplug is present outside of 10 Glencoe Street, Kennington opposite the application site. The oldest dwelling in this section of Glencoe Street between Lowndes and Ligar Streets was constructed in 1885 (at number 15 Ligar Street), the most recent in 2007 (units at 8 Glencoe Street), however the majority of dwelling stock was constructed between the 1940s and 1980s.


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Despite the variety in architectural styles within the street, a notable characteristic of the streetscape is the ‘in grounds’ garden setting of dwellings with generous setbacks off all boundaries, a mixture of hip and gable roof shapes, the majority containing eaves and a generally even mix of weatherboard and brick dwellings fronting the street. Also notable are the large number of mature canopy trees located in rear gardens, the street itself and in particular the Harry Trott Oval reserve. The area is close to stops for the Bendigo urban bus network and is within walking distance to both the Bendigo CBD and the Strathdale/Kennington Village Centre and within 400 metres the local Catholic Primary School, St Therese’s. Some local shopping needs are met by a small centre in Lowndes Street (200 metres due east) that contains a pharmacy, butcher and physio/group fitness business.

Figure 1: Location map showing subject site. Objector's properties marked with a star (one objector is located outside the map area).

Proposal

Subdivision and common property The application proposes subdividing the land into ten lots ranging in size from 185 square metres to 298 square metres. Three of the ten lots will have a direct frontage to Glencoe Street. A 725 square metre ‘U’ shaped common property provides access for eight of the ten dwellings and runs along the south western and north western property boundaries with adjoining dwellings in Glencoe and George Streets. It returns to Glencoe Street along the boundary with the adjoining dwelling to the north east of the site, 13 Glencoe Street.


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Dwellings The proposal shows the construction of ten dwellings on the site. All dwellings will be double storey and all will be constructed of brick on the ground storey and weatherboard on the upper storey. All will have Colourbond steel roofing. The dwellings will consist of three bedrooms plus a study. Dwellings 1, 2, 3, 9 and 10 will have single garages with tandem second vehicle spaces. Dwellings 4 through 8 inclusive will have double garages. In each downstairs area, all dwellings are proposed to contain a study, living, meals and kitchen. With the exception of dwellings 10 and 11 all laundries are also downstairs. In the upstairs area, 3 bedrooms (1 with ensuite) and a bathroom are proposed.



Clause 16 Housing Municipal Strategic Statement

Clause 21.06 Housing Local Planning Policies

Clause 22.24 Strathdale/Kennington Residential Character Policy Other Provisions

Clause 32.01 Residential 1 Zone

Clause 52.06 Car Parking

Clause 55 Two or More Dwellings on a lot and Residential Buildings

Clause 56 Residential Subdivision

Clause 65 Decision Guidelines



Referral Comment



Telstra No objection subject to conditions



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

Overlooking issues

Lack of significant vegetation in the provided landscape plan

Double storey height in a predominantly single storey area

Retention of existing vegetation on the site

The proposal does not fit with the character of the area

Drainage issues on the allotment

The driveway proposed will run along the back fences of adjoining dwellings

Too much unit development in Glencoe Street

Noise impacts

Inadequate solar access to the some of the new townhouses

Inadequate private open space

Vehicle parking provisions and traffic movements are inadequate

Compliance with the VCAT order P2806/2011

Poor siting of the units The issues raised are addressed in the assessment below.

Planning Assessment

What did VCAT find with the previous proposal on the site? On the previous application the VCAT member stated that the articulation of the front and side facades of the dwellings fronting Glencoe Street and the four dwellings backing onto Harry Trott Oval as well as the overall building height is not in compliance with the Strathdale / Kennington Character Policy. The lack of significant articulation of the facades and sides of the dwellings only increases their bulk and visual dominance on an area characterised by single storey dwellings. The member went on to say that the four dwellings backing onto Harry Trott Oval have a similar built form and impact as the front dwellings and they too do not reflect the desired and future character of horizontality and articulation of dwellings. The member stated that they had ‘major reservations’ about the following aspects of the site layout;


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The way in which dwellings have been orientated and positioned in relation to the driveway, and the extent of fencing and two storey walls along and very close to the driveway creating a poor visual appearance. The medium density development opposite the review site gives some appreciation of the sort of visual appearance which results from long driveways, tall fencing and limited opportunities for landscaping. I note that the dwellings opposite are single storey rather than two storeys and the fencing appears lower than that proposed on the review site. Given the scale of development on the review site I consider the visual impact will be magnified on the review site and it is not an outcome I am prepared to support.

The awkward and inconvenient positioning of the garages for Lots 1 and 4 (including the way in which the Garage for Lot 4 protrudes in to the secluded open space of Lot 3).

The provision of two tandem spaces in the front setbacks of Dwellings 2 and 3 (including their proximity to rooms in the adjoining dwellings marked as studies but containing built-in robes).

The location of the side walls of Dwellings 1 and 4 almost abutting the two driveways with no opportunity for effective landscaping.

The location of the secluded open space for Lot 6 hard up against the driveway and the need to provide 1.8 metre high colorbond fence to provide privacy.

The location of the tandem space for Lot 11 across the proposed title boundary (an amended plan submitted at the hearing indicated how this could be overcome).

The location of the visitor space near Lot 8 hard up against the boundary fence with the secluded rear yard of the dwelling at 1 George Street.

The lack of opportunities to plant substantial landscaping, particularly along the driveway. I accept Mr Patterson’s submission that the driveway is 4 metres wide and that a landscape strip could be provided along the outer edge. However, parts of the driveway are also enclosed by high fencing on the inner side which will limit planting at best to 500mm strips along each side. In my view this does not respond appropriately to the landscaping objectives in Clause 55.034-8, Clause 56.05-1 or the objective in SK4 to maintain and strengthen the garden settings of dwellings.

A response to the above points in provided below as follows;

The applicant has not addressed the way the dwellings have been oriented and positioned along the driveway.

Whilst the applicant has, in this proposal, reduced the number of dwellings fronting Glencoe Street from four to three, the design is the same albeit with separation between each. This separation does help the proposal but the dwellings are still double storey in height with very little by way of façade articulation and no meaningful articulation of the side elevations creating a dark unusable space between the three dwellings.

To a degree (owing the reduction of one dwelling fronting Glencoe Street) it has minimised the awkwardness of the garages.

Despite the reduction in dwellings fronting Glencoe Street, there has been no attempt to address the issue of tandem parking spaces.

There has been no alteration to the secluded private open space for lot 6.

The visitor parking space hard up against the boundary fence with the dwelling at 1 George Street has not been addressed.


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Landscaping is unchanged from the previous proposal to this current one. The Member concluded the order by stating the follow; “I consider the proposal represents an overdevelopment, one that has too many shortcomings to warrant approval having regard to the relevant provisions of the planning scheme, and one that requires a significant scaling back and redesign in order to represent an acceptable response to local policy concerning neighbourhood character and the provisions of Clause 55 and 56. Importantly it is not the number of dwellings that is at issue (i.e. density) but rather the extent of built form across the site. For example, there would be no point reducing the number of dwellings if the same built form and layout shortcomings remain largely unchanged” Does the proposal respect the neighbourhood character? The site is located within the Strathdale Kennington Residential Character Policy which states the following;

“Strathdale and Kennington are located to the south east of the central area of Bendigo and extends from areas with a mixture of styles including Victorian, to areas that were developed post-war and newer areas. Many of the post-war areas have consistent streetscapes that have an openness created by regular setbacks and no front fencing. The area also contains areas with more mixed styles of architecture that nevertheless have elements that contribute to the area’s attractiveness and are valued by the community.”

Specifically, the site is within Precinct 4 (SK4) of the above policy which contains the following specific policy objectives:

To ensure that development is responsive to the desired future character of the area in which it is located;

To retain and enhance the identified elements that contribute to the character of the area; and

To implement the recommendations of the City of Greater Bendigo Residential Character Study 2001.

The statement of desired future character for SK4 is: “The horizontality and articulation of the dwellings, and the openness of streetscapes, will be maintained.” A full assessment of the proposal against the requirements of SK4 is shown below;


To maintain and strengthen the garden settings of the dwellings.


Comment: A landscape concept plan was submitted with the application. The plan shows acceptable details of the plantings and materials.




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Comment: It is clear that the development will step down the site and that cutting, filling and retaining walls will be required to facilitate this complying with the design response.



Comment: The front setback of dwelling one is 6 metres and dwellings two and three have a 7 metre setback. The adjoining dwellings are setback approximately 6 metres and 6.6 metres, therefore the proposal is compliant with this element.

To reflect the 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. Use low pitched roof forms. Articulate front and side facades to reflect building forms in the street.

Comment: Three dwellings present directly to Glencoe Street. These dwellings are setback between 1 metre and 2.6 metre from all side boundaries. The proposal does not comply with this element of the character policy owing to the double storey nature of the buildings.


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

Comment: Three, double storey dwellings will front Glencoe Street. Overall the height of the buildings is similar to other buildings in the street however the design of the buildings being ‘straight up and down’ double storey dwellings is not in keeping with the look and feel of the street and would dominate the street.

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

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

Comment: The street contains a mixture of brick and weatherboard cladding. The proposal includes brick ground floor cladding with weatherboards on upper storeys.


Provide open-style or low front fences.

Comment: No front fences are proposed.


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It is acknowledged that some elements of the proposal are acceptable (front setbacks, lack of front fencing and building materials), however, overall the proposal does not represent an acceptable character outcome for the area, predominantly based on the visual bulk created by the double storey front dwellings with little to no façade and side articulation, therefore not keeping with the horizontality of the area. Is the site appropriate for some form of infill residential development? The State Policy framework of the Greater Bendigo Planning Scheme lends support for an intensification of development on well serviced sites which are in proximity to a full range of urban services. With respect to local provisions of the Planning Scheme, Clause 21.06 (Housing) and the referenced Bendigo Residential Development Strategy 2004 identifies the land as being within the Existing Urban Zone. The proposal will create double storey units at a higher density to most surrounding properties, within close proximity to recreation reserves, public transport, shops, schools and medical centres as well as the ability to be connected to all reticulated services. The site is within a Residential 1 Zone which encourages residential development in appropriate locations that comply with ResCode in the case of multiple dwellings on a lot and residential subdivisions. The proposal meets the purpose of the Residential 1 Zone. The site is very well suited to some form of infill residential development. Will the proposal have a detrimental impact on the amenity of adjoining properties? The proposal has demonstrated compliance with overlooking and overshadowing for adjoining properties, however, there may be amenity based impacts on properties in George Street and adjoining lots in Glencoe Street owing to the driveway running around a large portion of the boundary.

Conclusion

Whilst the development represents an improvement over the previous application (mostly through the reduction of dwellings fronting Glencoe Street) the applicant has not done enough to gain compliance with the character policy and keep the development in line with the area. Further to this, there are still a number of fundamental issues raised that have not been adequately addressed. As such the proposal does not represent an acceptable or appropriate development for the site and no permit should be granted.

Options


Attachments

Objections.


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for a 10 lot subdivision of land and construct 10 dwellings at 7 Glencoe Street, Kennington on the following grounds: a) The proposal does not comply with Clause 22.24 Strathdale/Kennington

Residential Character Policy b) The proposal does not comply with Standard B1 Neighbourhood and Site

Description of ResCode c) The proposal does not accord with the recommendations of a previous VCAT

order relating to the site.


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2.10 54 CHUM STREET, GOLDEN SQUARE 3555 - SUBDIVISION OF THE LAND INTO 4 LOTS AND THE REMOVAL OF AN OUTBUILDING


Author Stephen Wainwright, Coordinator Subdivisions Responsible Andy Walker, Acting Director Planning & Development Director

Summary/Purpose

This report concerns a planning permit application to subdivide around 1,000m2 of land at the rear of an existing dwelling in Chum Street, Golden Square, into three new vacant lots (Lots 2, 3 and 4). These lots will be approximately 350m2 each. The existing dwelling will be retained on a 446m2 lot that will front Chum Street (Lot 1). The site abuts an unmade lane that extends between Chum Street and Banool Street. The full length of the lane will be sealed by the developer to provide for vehicular access to the new vacant lots. The owner of an adjoining property in Banool Street objects to the proposed subdivision. They are concerned about additional traffic using Banool Street as a result of the subdivision. Banool Street features a slow point near the objector's property where there is a curve in the street geometry and the street narrows to a single trafficable lane. The objector argues that the slow point is causing traffic problems that will be exacerbated by the subdivision. This report concludes that Banool Street and the surrounding road network can adequately cater for the proposed subdivision. The additional traffic movements in Banool Street that may result from the subdivision will be modest. The report recommends that a permit be granted for the subdivision, subject to conditions.

Policy Context


Planning for Growth


Productivity


Report


Application Date: 25 March 2013


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Applicant: Shane Muir Consulting Engineers Pty Ltd

Land: 54 Chum Street, GOLDEN SQUARE 3555


Overlays: Neighbourhood Character Overlay Schedule 1


The town planning report submitted with the application describes the site thus:

"[The site] is made up of two separate residential land parcels being Lot 1 on TP689226 and Lot 1 on TP 3347 parish of Sandhurst, Golden Square. The overall site contains an existing brick veneer single storey dwelling, which fronts Chum Street, and an associated outbuilding located in the upper north-west corner of Lot 1 on TP3347. The balance of the site is undeveloped vegetated residential land. The overall site has two direct street/road frontages being a 14m frontage to Chum Street and a 74m frontage to the access road that connects to Chum Street and Banool Streets. Access to the overall site can be via one or both of these frontages. It is irregular in shape with an axis 74m north-south and 14m to 26m east-west. The overall site contains a topography fall of 2.7m predominately north/north-west towards Chum Street. The overall site contains a mix of exotic vegetation species situated along the boundary lines and within the upper section of the site, but also around the existing dwelling and outbuilding. The existing dwelling and landscaping offers its own subtle appearance from Chum Street and, with its slightly secluded location, contributes positively to the overall neighbourhood character of the area. It abuts developed residential properties to the north and west, with each adjoining property containing a separate residential dwelling and associated outbuildings, with the properties directly to the north having frontage to Banool Street. The main southern boundary has direct connection with Chum Street, while the east boundary abuts the unformalised access road from which entry/egress is obtained."


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Figure 1: A location map showing the site. The objector's property is marked with a star.

Figure 2: An aerial photograph of the site and its surrounds

Proposal

It is proposed to subdivide the site to create three new vacant lots at the rear of the existing house (Lots 2, 3 and 4). The lots will front the unmade lane that abuts the site and the lane will be formed with a concrete seal for its entire length between Chum Street and Banool Street. The vacant lots will be approximately 350m2 each and will have frontage widths of between 13m and 15m. Each lot will be capable of containing a rectangular building envelope of 10m by 15m. The lots will be fully serviced. The application also seeks permission to remove an outbuilding associated with the existing dwelling on the site.


The site is in the Residential 1 Zone and is covered by Schedule 1 to the Neighbourhood Character Overlay. A permit is required to subdivide the site under the zone and overlay provisions. The proposed removal of the existing outbuilding on the site also triggers the need for a permit under the Neighbourhood Character Overlay. The following provisions in the planning scheme are relevant to the application. 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).


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Development infrastructure (clause 19.03). 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). Reference documents (clause 21.10).

Local Planning Policies Salinity and erosion risk policy (clause 22.04). Golden Square residential character policy - Precinct GS3 (clause 22.15). Other Provisions Residential 1 Zone (clause 32.01). Neighbourhood Character Overlay (clause 43.05) Land adjacent to a road zone, category 1, or a public acquisition overlay for a

category 1 road (clause 52.29). Residential subdivision (clause 56). Decision guidelines (clause 65). Referral and notice provisions (clause 66).



Referral Comment




Development Engineer (internal) No objection subject to conditions

Public Notification The application was advertised to the public by mail and an on-site notice. The owner of an adjoining property has objected to the proposed subdivision because of traffic concerns. The grounds of objection are discussed later in this report.


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Planning Assessment

Will the subdivision cause traffic problems in Banool Street? The objection that has been received to the proposed subdivision focusses on the issue of traffic. The objector's property fronts Banool Street and has a side abuttal to the unmade laneway. The objector submits that the laneway is too narrow to accommodate traffic generated by the subdivision. The width of the laneway reservation is 5.5m. The proposal is to construct the laneway to its full width using reinforced concrete. The laneway falls under the category of an "access lane" for the purposes of the planning scheme. The minimum carriageway width for an access lane is 5.5m, with no provision for car parking. The proposal meets this requirement and is therefore an acceptable width to allow for safe and efficient vehicle access. The planning scheme notes that the recommended carriageway width of 5.5m will provide adequate access to a standard 3.5m wide single garage built to the property line. The objector is also concerned because there will be additional traffic in Banool Street as a result of the subdivision. The objector experiences problems with the current design of Banool Street whereby vehicles movements are restricted at a slow point near the objector's property (see the aerial photograph in Figure 3 below). The street narrows to a single lane at the slow point. Banool Street is an access place. It has a 5.5m wide carriageway width and unrestricted parking on the carriageway. The street has a curved geometry which, when combined with the slow point, ensures a low traffic speed environment. In this author's opinion Banool Street has sufficient capacity to cater for the likely traffic generated by the proposed subdivision. The subdivision will result in potentially four new households using Banool Street. This equates to a total of 40 vehicle movements per day. However not all these movements will be expected to rely on Banool Street since residents may find it more convenient to access Chum Street instead. In this context the amount of additional traffic carried by Banool Street attributable to the subdivision will be minor. The existing slow point in Banool Street will no doubt continue to be an inconvenience for the objector and other drivers but it does not represent a traffic hazard. This author can find no traffic engineering reason to prevent the lots in the subdivision from gaining access to Banool Street.


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Figure 3: An aerial photograph showing Banool Street and the boundaries of the site

Does the subdivision design comply with Clause 56 in the planning scheme? The proposed subdivision meets all the objectives in clause 56. The proposed subdivision takes advantage of an under-utilised land parcel in urban Bendigo that is close to shops, community facilities and public transport. The lots in the subdivision will be fully serviced. An urban consolidation outcome of this kind is supported by clause 56 and, more broadly, by the residential strategies in the planning scheme. The new vacant lots will be situated behind the existing house on the site and will be almost totally concealed from Chum Street and Banool Street. The proposed lot sizes will be comparable with many existing properties in Banool Street and elsewhere. In this context the subdivision will not detract from the character and appearance of the neighbourhood.


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The size and shape of the new vacant lots will be suitable for accommodating future dwellings, including room for car parking and private open space.

Conclusion

For the reasons discussed above it is concluded that subdivision envisaged by the permit application meets the requirements of the planning scheme. On this basis a permit should be granted.

Options

Council, acting as the responsible authority for administering the planning scheme, may resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

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 land at 54 Chum Street Golden Square, which allows for the subdivision of the land into 4 lots and the removal of an outbuilding, subject to the following conditions:

1. PLANS TO BE ENDORSED The plan to be endorsed and which will then form part of the permit is the Version 1 plan (dated 25/3/2013) submitted with the application.

2. LAYOUT MUST NOT BE ALTERED The layout of the subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

3. PUBLIC OPEN SPACE CONTRIBUTION Before a statement of compliance is issued for the subdivision the owner of the land must pay to the responsible authority a sum equivalent to 5% of the site value of all the land in the subdivision.

4. DETAILED DRAINAGE Prior 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.

5. STORMWATER DETENTION

Before a statement of compliance is issued for the subdivision the developer must


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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: Q10 = 11.3 l/s, Q100 = 20.4 l/s.

6. STORMWATER QUALITY Before the subdivision starts the developer 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.

7. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Underground drainage. (b) Construction of the unmade road between Chum Street and Banool Street:

• 5.5m wide reinforced concrete road. • Intersection treatments. • Street lighting.

8. SECTION 173 AGREEMENT

If a stormwater detention system or a water quality treatment system is installed on the site, the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987 before a statement of compliance is issued. The agreement must provide for the following: (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.

9. PUBLIC ASSETS Before 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


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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.

10. COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to

each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications.


11. 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 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.


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

12. TENIX

The plan of subdivision submitted for certification must be referred to SP AusNet (Gas) in accordance with Section 8 of the Subdivision Act 1988.


• A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be


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provided by optical fibre. (b) Before the issue of a statement of compliance for any stage of the subdivision

under the Subdivision Act 1988, the owner of the land must provide written confirmation from: • A telecommunications network or service provider that all lots are connected

to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

• A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

14. EXPIRY OF THE PERMIT


permit; or (b) The subdivision is not completed within five years from the date of certification of

the plan of subdivision. The responsible authority may extend the time for certification of the plan if a request is made in writing before the permit expires or within six months afterwards.


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2.11 TRIAL CLOSURE OF ONE TREE HILL ROAD, SPRING GULLY


Author Brett Martini, Manager Engineering and Public Space Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

This report recommends the trial closure of One Tree Hill Road, Spring Gully between the One Tree Hill summit and Mandurang Road for a period of three months as part of other works to improve traffic safety on the approaches of One Tree Hill.

Policy Context

Council Plan Reference: Strategic Objective 4.1 Existing infrastructure and assets are well maintained and

appropriately upgraded to sustain them for future generations.


Both Edwards Road (Strathdale approach to One Tree Hill lookout) and One Tree Hill Road (Mandurang approach) have experienced a significant crash history over recent years. Between 2005 and 2009 four serious injury and four other injury accidents occurred. These accidents were generally single vehicle run-off road crashes on bends. To address this, a project was developed to undertake sealing of the road shoulders. This project was submitted to the Federal Government Blackspot program and was successful in gaining funds. In the detailed development of the project, it was identified that to effectively undertake the shoulder sealing, more than 300 trees would be required to be removed, particularly on One Tree Hill Road. Alternative treatments were therefore considered to reduce the environmental impact whilst still improving the safety of road users.

Report

The road alignment and road pavement on One Tree Hill Road is very poor. The most effective way to improve safety on this section of road whilst also minimising environmental impacts was therefore considered to be closing the road.


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Further investigation was undertaken on the volume and movement of traffic. This identified that the majority of the 100-150 vehicles per day using it do so as a through route and do not stop at the summit. It was then found that the alternative route of Edwards Road, Ellis Street and Mandurang Road is almost identical in both distance and travel time to crossing One Tree Hill. Although no associated accidents have been recorded, One Tree Hill is also recognised as a popular site for bike riders and runners. The closure of One Tree Hill Road to motor vehicles would significantly improve the sense of safety for such enthusiasts and may result in greater use for active sports. In considering a closure to traffic, the risk of bushfire and personal safety was also considered. One Tree Hill incorporates a fire spotting tower and the safety of the fire spotter and the consideration of the control of a bushfire in the area was discussed with the CFA and Parks Victoria. If a closure was to occur, provision must be made for access to the One Tree Hill section of the road in event of an emergency. This provision is standard and straight forward to accommodate by using lockable barriers. While the impact to motorists appears limited on the basis of what is currently known it is felt that a trial closure would allow the City to better understand the impacts before a permanent decision is made. The traffic volume and speed on Edwards Road would also be monitored to determine if the closure encouraged speeding and measure any change in volume. Improvements to the safety of Edwards Road through minor vegetation removal, shoulder sealing, edge lines, signage and guardrail are also needed to address the accidents that have occurred on that approach. These will be arranged in the coming months.


Blackspot funding up to $398,076 has been granted for the project. This will be used to improve the safety of Edwards Road and to undertake the proposed trial closure.

Conclusion

Safety improvement such as guardrail, shoulder sealing and signs can be readily accommodated on the Edwards Road approach to One Tree Hill lookout without significant loss of vegetation. Whilst a similar treatment on One Tree Hill Road would also improve the road safety, the works needed are far more extensive, would have a significant impact on the native vegetation and would require very expensive associated road works for very low traffic volumes. Alternatively, a closure of One Tree Hill Road to motorists would involve no environmental impact and would substantially improve its attractiveness to cyclists, runners and walkers while removing the risk of future motor vehicle accidents entirely. At this point, it is not anticipated that the closure of One Tree Hill Road would inconvenience many drivers as the alternate route is of similar distance and travel time. Edwards Road beyond Federation Terrace would then principally be a tourist route.


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The final design and construction of the trial closure would be discussed with emergency service authorities and land managers to ensure that access is provided in the event of an emergency.

Attachments

1. Edwards Road/One Tree Hill Road - proposed closure and alternate route.

RECOMMENDATION

That Council, having considered the environmental impact of the widening of One Tree Hill Road to improve safety: 1. Undertake a trial closure of One Tree Hill Road for a period of three months,

2. Seek comments from the public throughout the closure regarding its impact, and 3. Consider a further report once the trial is completed.

Liveability - Reports Ordinary Meeting - 11 September 2013

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3. LIVEABILITY

3.1 COMMUNITY FACILITIES FUNDING PROGRAM 2014/2015 GRANT APPLICATIONS


Author Kendyl Hopley, Active Communities Project Officer Responsible Debbie Thewlis, Acting - Director Community Wellbeing

Summary/Purpose

The Community Facility Funding Program (CFFP) is a Victorian Government funding program that helps provide high quality, accessible community sport and recreation facilities across Victoria. The CFFP provides grants for planning, building new and improving existing facilities where communities meet, interact and participate in sport. Each municipality in Victoria is eligible to submit up to three applications for the Minor Facilities category and up to two applications for the Soccer Facilities category. This report seeks Council endorsement to submit the following applications;

Longlea Recreation Reserve Pavilion upgrade and extension (Minor Facilities)

Strathfieldsaye Play Space (Minor Facilities)

Shadforth Park Soccer Training Lighting (Soccer Facilities)

Policy Context

These projects are consistent with the Council Plan 2013-17. The projects are consistent with the themes of Planning for growth which aims to maximise external funding and the Liveability which supports the health and wellbeing of the community and Sustainability theme which supports planning and investment in community assets. Council Plan Reference: Council Plan 2013 – 2017 1.1 - Our City undertakes successful lobbying and maintains its excellent reputation 1.3 - Our quality of life is maintained as our City’s population and economy grows 2.2 - Our communities have active and vibrant places in which to meet 2.3 - Open space and recreation facilities are well designed, extensively used and well maintained. 2.5 – Our community’s health and wellbeing improves over time 4.1 Existing infrastructure and assets are well maintained and appropriately upgraded to sustain them for future generations.


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Strategy Reference: These projects are consistent with the draft North Bendigo Recreation Reserve concept plan and priorities, the Strathfieldsaye Recreation Reserve Master Plan and the Play Space Strategy.


The Community Facility Funding Program (CFFP) is an annual grants program designed to provide funding to develop significant facilities for community sport and recreation. Only local government authorities can apply directly to Sport and Recreation Victoria (SRV) for funding. A recent review of the CFFP program introduced several changes for the 14/15 funding round. The program now consist of two stages which includes project proposals, stage one and full applications stage two. The funding ratio has been set as an SRV contribution of $1.50 for every local dollar contributed. Council and the community are required to fund the local component of the project. Clubs applying are expected to make a financial contribution towards their project. The projects are required to be assessed in accordance with criteria as stipulated by the state government. Submissions are assessed on the following common criteria; Why? (20%) The extent to which the planning process responds to community needs and issues, considers community strengthening, meets a gap in local facilities and is supported by Council planning. How? (20%) The extent to which the project is supported by a project scope, schematic plans, cost estimates ad quotations, able to demonstrate a commitment of all financial resources, addresses issues around OHS and anti-discrimination legislation. Who? (10%) The extent to which the project involves all stakeholders, is based on broad consultation and is managed by an integrated team. What will it achieve? (50%) The extent to which the project increases participation, maximises the use or multi use of a facility, increases the range of sport opportunities and encourages the broadest possible community participation in sport and recreation activities.


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Previous Council Decision(s) Date(s): The City of Greater Bendigo supported the submission of the CFFP Minor Facilities and Soccer Facilities categories as part of the 2013/2014 round.

Minor Facilities – 26 September 2012

Soccer Facilities – 17 October 2012

The City was successful with those applications which included Baseball Dugouts at Strathfieldsaye and Lighting of Pitch 5 at Epsom Huntly Regional Recreation Reserve. Both projects will be delivered as part of the 2013/14 City of Greater Bendigo Capital Works program.

Report

The CFFP consists of two stages; stage 1 - Project Proposals and stage 2 - Full Applications. The period from announcing the opening of the program to closing project proposals was only 21 days. It is also a requirement that project proposals were discussed with local SRV staff prior to submitting. As this timeframe did not allow a Council report to be submitted, project proposals have been submitted based on the City’s forward capital works program and existing shovel ready projects. The following project proposals were submitted to SRV for consideration as part of stage one; CFFP Minor Facilities

1. Longlea Recreation Reserve Pavilion Upgrade and Extension SRV request: $100,000 Council contribution: $340,000 Local/User contribution: $100,000 Total $540,000

The Longlea Recreation Reserve project is the renovation and extension of the change rooms and social pavilion. The project includes a significant local contribution and has been fully designed and costed. The reserve services 12 user groups across a variety of age demographics, sporting groups and community groups. This reserve is a significant hub for its local community and clubs which foster relationships with positive outcomes for all. The outcome of this project will meet priorities such as:

Enable increased sharing of facilities and encourages greater participation

Have capacity for multi –use and multi code sharing

Directly improve sports access and participation

Increase viability of existing and new facilities


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Add to the range of facilities the City of Greater Bendigo residents can use

2. Strathfieldsaye Play Space

SRV request: $100,000 Council contribution: $306,456 Local/User contribution: $50,000 Total $456,456

This project includes development of a ‘district level’ Play Space which will offer a unique mix of play opportunities and strengthen the reserve as an attractive and stimulating recreational destination. As the second highest level of play space it would be the main play space in Strathfieldsaye. This would include a mixture of BBQ’s, shelter, landscaping and play equipment for a range of age groups and abilities. The project is fully designed and costed and is supported by both the Strathfieldsaye Recreation Reserve Master Plan and Play Space Strategy. CFFP Soccer Facilities

3. Shadforth Park – Installation of Soccer Training Lighting

SRV request: $100,000 Council contribution: $143,000 Local/User contribution: $27,000 Total $270,000

Lighting of the soccer, AFL and netball courts at North Bendigo Recreation Reserve was identified as the highest priority for the user groups in developing a concept plan for the North Bendigo Recreation Reserve. This project involves installing training standard lighting on the soccer fields. The development of the new Bendigo Hospital, which will be one of the largest regional hospital developments in Victoria’s history, is expected to attract more people to Bendigo and the North Bendigo area demonstrating a need to create and provide further participation and sporting opportunities for this emerging community. The proposed installation of training lighting to be installed on both pitches at Shadforth Park will have significant outcomes for the club through:

Opportunities to train juniors and seniors under compliant conditions

Increased safety for players during training

Opportunities for increased training times under lights

Opportunity for club membership growth

Reduces the risk associated with limited lighting currently at this reserve

Opportunities to encourage alternative bookings on the nights available Later in the year, the Clubs and user groups will also be seeking Council support to submit a funding application for up to $100,000 from the State Government to install training lighting to the AFL oval and netball courts as part of the Country Football and Netball program. If both grants were successful they would both be funded in 2014/2015.


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Priority/Importance: The above projects are considered to be priority projects for funding as part of the CFFP. These projects strongly meet the program guidelines through:

Encouraging participation through innovative facility initiatives

Community involvement in planning and developing facilities

Cooperation between local government, state sporting associations and local sporting clubs and associations

Development of sustainable sport and recreation facilities

Encourage female participation Options/Alternatives: The City of Greater Bendigo has the opportunity to submit grant applications seeking external State Government funding for the 2014/15 financial year. As part of the changed grant program the projects at Longlea, Strathfieldsaye and North Bendigo have been supported through the first stage of application. Officers are seeking Council support for the applications before proceeding to full application stage on any or all of the aforementioned projects. Timelines: Sport and Recreation Victoria opened and closed applications earlier than usual in 2013. As a result they are indicating that announcements will be made around November 2013 of success or otherwise. If successful, funding would be available to the CoGB from 1 July 2014 with works to occur during the 2014/15 financial year. Progress: Officers have completed stage 1 of the process having obtained support for all three projects and full applications are prepared for submission. Risk Analysis: The CoGB along with the local clubs and sporting organisations have been involved in planning for the proposed project, consultation, engaged contractors for quotes and committed to a financial contribution to their project. If funding is not obtained to support these projects, Council may not be in a financial position to complete construction of all projects.


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Internal Consultation: All projects have been designed involving internal project control groups to provide expert input. External Consultation: In preparing applications Sport and Recreation Victoria has been consulted to ensure projects are completed to the best possible standard. User groups at each site including sports clubs and schools have been consulted to ensure the design meets the needs of the Clubs and will meet the needs of the community.


Listed below is the breakdown on each project which includes contingencies, escalations and allowances. Longlea Recreation Reserve Project Construction $514,000 5% Contingency $26,000 Total $540,000 (please note this excludes escalation costs) Strathfieldsaye Playspace Project Construction $370,213 4.5% Escalation $17,550 12% Contingency $48,906 Total $456,456 Shadforth Park Soccer training Lighting Project Construction $240,000 8% Escalation $20,000 4% Contingency $10,000 Total $270,000 Listed below is the overall proposed total cost to Council which will affect the 2014/2015 capital works program: Longlea Recreation Reserve Pavilion Upgrade & Extension $340,000 Strathfieldsaye Play Space $306,456 Shadforth Park Soccer Training Lighting $143,000 Total $789,456


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Conclusion

All projects submitted for the 2014/2015 CFFP grants have merit and demonstrate that there is a growing need to deliver these important projects as part of the CoGB capital works program.

Attachments

1. Nil

RECOMMENDATION

1. That Council recognise the importance sport and leisure facilities make to the liveability of Greater Bendigo.

2. That Council support funding applications for the Longlea Recreation Reserve

Pavilion Upgrade and Extension, Strathfieldsaye Play Space and Shadforth Park Soccer Training.

3. That Council allocate the necessary City of Greater Bendigo financial contribution

as part of 2014 / 2015 Council budget deliberations.


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3.2 WET SYNTHETIC PITCH REPLACEMENT - HOCKEY CENTRAL VICTORIA


Author Patrick Jess Manager, Active and Healthy Communities Responsible Debbie Thewlis Acting, Director Community Wellbeing Director

Summary/Purpose

In 2012 Hockey Central Victoria (HCV), working with CoGB officers prepared a funding submission to the State government to defray costs associated with resurfacing the wet synthetic hockey surface at Garden Gully Reserve in Ashley Street, Bendigo. Officers were notified, as of June 2013 that the submission for replacing the ‘wet’ synthetic pitch was rejected by the State Government. Funding from Council was contingent on receiving State Government funding and therefore the project could not proceed. HCV then submitted a request to Council to jointly proceed with the project regardless of the absence of the State Government support. The purpose of this report is to provide Council with details of HCV’s proposal and confirm a response.

Policy Context

Council Plan Reference: Developing the Community Strategy 1.1 Undertake long term planning with the community. Action 1.1.1 Undertake integrated strategic, environmental and social planning to prepare for inclusion, growth and change. Strategy 1.5 Plan for the sustainable development of new and existing communities Action 1.5.3 Support the small towns and their districts in the implementation of the district plans. Community Assets Strategy 2.2 Develop and enhance public spaces, open spaces, and active and passive recreation facilities to meet community needs.


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Services for the community Strategy 3.2 Work in partnership with a range of national, state, and local government and other service providers on behalf of the community. Strategy 3.3 Plan for and provide a range of quality recreation and sporting facilities and programs. The City of Greater Bendigo Sport ground Improvements Strategy; reference, Page 35 – Future Sports Ground Improvements Strategy Priorities Page 29 – Sporting clubs identify their main constraint is lack of suitable facilities - highest percentage is 57%


The existing “wet” synthetic surface is a pre loved surface which originated from the State Hockey and Netball Centre (SNHC) in Melbourne. When the upgrade to the SNHC was undertaken for the 2006 Commonwealth Games, Hockey Central Victoria purchased the surface where it was installed at the Garden Gully Hockey Complex in Ashley Street Bendigo. Prior to being installed in Bendigo the surface was utilised for four years and once relocated to Bendigo it has had a further five seasons of use, however it is now nearing its serviceable life. The “wet” based pitch is the only internationally accredited pitch outside the State Netball Hockey Centre in Melbourne. Since the pitch was installed these regional facilities have been a major draw card for the HCV attracting clubs from across the Loddon Mallee Region. At its meeting of the 26 September 2012, Council approved funding for the proposed resurfacing of the wet synthetic hockey surface at Garden Gully Reserve in Ashley Street, Bendigo. This funding was conditional upon receiving a State Government Grant under the Minor Community Facility Funding Program administered by the Department of Planning and Community Development. The funding application was unsuccessful. A recent condition report has been obtained and concludes that the pitch has reached the end of its playing life. This report was submitted to Officers in July 2013. Hockey Central Victoria has had temporary repairs conducted which will enable hockey to finish this winter season. At that time, Hockey Central Victoria has resolved to the close the pitch for safety reasons and will not use the surface until it has been replaced. Previous Council Decision(s) Date(s): In 2012, as shown in the motion below, Council agreed to support the application for the replacement to the wet synthetic pitch for the 2013/2014 Community Facility Funding Program CFFP - minor category. Council agreed this project has merit and demonstrates that there is a growing need to deliver this “medium” sized project as part of the CoGB capital works program. This project strongly meets the CFFP criteria guidelines, addresses risk issues and clearly identifies a lack of basic facilities required for a venue to function.


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RECOMMENDATION

That Council support the applications as listed below for the 2013/2014 Community Facility Funding Program - minor category: - Hockey Central Victoria Inc - replacement to the wet synthetic surface - Strathfieldsaye Dodgers Baseball Club- batting tunnel and team dugout upgrade - Heathcote Tennis Club - lighting Infrastructure – two netball and two tennis courts.

RESOLUTION Moved Cr Reade, Seconded Cr Phillips. That the recommendation be adopted.

CARRIED

Report

Sport Technology International (STI) has undertaken an assessment of the existing surface and has reported the surface will need to be replaced at the completion of the 2013 hockey season due to the following; - Significant wear of synthetic grass fibres - Perforation holes - Synthetic pile is worn and now visible - Pitch seams clearly visible - Tuft loss from pitch seams - Delamination between backing layers Rectification works which were primarily re-adhesion of the seams have also been undertaken in 2012 with the purpose of “nursing” the pitch through the season. Replacement of this surface is vital for the future of Hockey in the Bendigo Region. Repercussions will include significant loss to participation numbers in junior and senior competition, training availability for clubs would be restricted, young players aspiring to play at state and national level will be impacted with no other option but to train in Melbourne. Surrounding shires such as Central Goldfields, Loddon, Mount Alexander, Macedon and Mt Alexander Shire will also be forced to seek alternative venues which will significantly damage the HCV membership and level of quality competition currently in Bendigo. It is evident that this project will provide the City of Greater Bendigo with a regionally significant facility that caters for the local community and surrounding shires. It is important to provide facilities of a high standard to ensure that participation is encouraged and increased, elite opportunities are available to our young aspiring players and we are building sustainable facilities to provide for our community and surrounds.


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The pitch is environmentally responsible as water used is filtered, treated and recycled into the watering system for use. Priority/Importance: In order for HCV to continue utilising the Garden Gully Hockey Complex the wet synthetic pitch replacement is essential therefore replacement is considered of high importance. Options/Alternatives: Should Council resolve not to support the recommendation, HCV has indicated it will proceed with the project. This would place significant financial pressure upon HCV which is already contributing $240,000 in cash towards the project. Timelines: The project would be managed directly by the City of Greater Bendigo. The City would form a project control group drawing upon a range of technical experts and disciplines throughout the project including; - Contracts and project coordinator unit - Recreation planning - Building approvals - DPCD representative - Club representative After the procurement process a successful tender is awarded, the City would then appoint a project manager to oversee the construction works process, along with a client manager who is the key liaison point for the club. An anticipated timeframe and cost estimate are as follows; Procurement process September/ October 2013 Tender awarded October/ November 2013 Installation of synthetic surface October /November 2013 Project complete January 2013 The total cost of the project has been quoted at $316,000 ex GST. HCV will contribute $240,000 towards the project. As soon as the pitch was installed in 2006 HCV added the pitch to its capital replacement budget which has allowed them to make such a significant financial contribution. HCV would have been able to fully fund a replacement if they received a full lifespan from the surface. HCV is requesting Council commit $80,000 in the 2013/2014 financial year.


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Risk Analysis: Risks associated with not supporting the recommendation are as follows:

HCV will be placed under significant financial pressure

Potential decrease in participation

Regional impact on surrounding LGA’s.


Internal Consultation: Internal staff and Council were consulted as part of the State Government Grant application process. External Consultation: The project is supported by the below groups and includes a significant financial contribution from the HCV. The City of Greater Bendigo will continue to collaborate and consult with the HCV throughout the life of the project.

- Hockey Central Victoria - Hockey Victoria - Strathdale Hockey Club - Bendigo South East College - Girton Grammar School - Catholic College Bendigo - Barefoot Bendigo


Budget Allocation in the Current Financial Year: Nil Previous Council Support: External Funding Sources: $240,000 Current Estimate or Tender Price: $316,000 ex GST Any known or anticipated variance to budget: $80,000 Projected costs for future financial years: Nil Any ongoing recurrent expenditure required: Nil

Conclusion

Following the unsuccessful State Government grant application, a condition report from Sports Technology International advised that it was not possible to extend the life of the Wet Field Synthetic Pitch at Garden Gully Reserve beyond the current season and that the pitch requires replacement. Although Council does not have an allocation to the project in the current budget, HCV’s willingness to contribute $240,000 is significant, and combined with the urgent nature of the project and risks associated with the project not proceeding, Council should consider the request favourably.


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Attachments

Nil

RECOMMENDATION

1. That Council acknowledge Hockey Central Victoria’s contribution of $240,000 towards an estimated $316,000 project as a significant commitment.

2. That in recognising the significant local contribution and urgency associated with the project, Council allocates $80,000 in the 2013/2014 budget.


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3.3 MAIDEN GULLY LAND SALE TO THE ROMAN CATHOLIC TRUST CORP - SANDHURST DIOCESES


Author Patrick Jess, Manager Active and Healthy Communities Naomi Fountain, Strategy Property Analyst Building and Property

Responsible Debbie Thewlis, Acting Director Community Wellbeing Director

Summary/Purpose

This report follows a Council resolution to purchase land in Maiden Gully for recreation purposes and develop a joint usage agreement with the Roman Catholic Trust Corporation (RCTC). The City purchased land, (now known as) Reserve 1 Plan of Subdivision 709875 at the rear of 101 Golf Links Road, Maiden Gully, in order to jointly construct and manage recreational facilities at Maiden Gully. Following this transaction, the financial position of RCTC changed enabling them to afford all parcels of land, resulting in an offer to purchase Reserve 1 Plan of Subdivision 709875 from Council, and having all parcels of land under the ownership of RCTC. The purpose of this report is to:

1. Inform Council of the City’s intention to sell Reserve 1 Plan of Subdivision 709875 to RCTC and enter into a Joint Usage Agreement to develop and manage a recreational facility at Maiden Gully.

2. Recommend that the Council proceed to sell the property, Reserve 1 Plan of Subdivision 709875 at the rear of 101 Golf Links Road, Maiden Gully to the RCTC.

Policy Context

Council Plan Reference: Developing the Community Strategy 1.1 Undertake long term planning with the community. Action 1.1.1 Undertake integrated strategic, environmental and social planning to prepare for inclusion, growth and change. Strategy 1.5 Plan for the sustainable development of new and existing communities Action 1.5.3 Support the small towns and their districts in the implementation of the district plans.


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Community Assets Strategy 2.2 Develop and enhance public spaces, open spaces, and active and passive recreation facilities to meet community needs. Services for the community Strategy 3.2 Work in partnership with a range of national, state, and local government and other service providers on behalf of the community. Strategy 3.3 Plan for and provide a range of quality recreation and sporting facilities and programs. Strategy Reference: Open Space Strategy 2005 Identified the need for an additional recreation space of between 20-30 hectares to service the sport and recreation needs of Maiden Gully residents.


The City of Greater Bendigo’s Open Space Strategy (2005) identified the need for an additional recreation space of between 20-30 hectares to service the sport and recreation needs of Maiden Gully residents.

Following the completion of this study, Council officers prepared a report in January 2008 that identified a 27.3 ha area of land (in four parcels) on Golf Links Rd (near Bracewell Street) to develop as a new recreation reserve in Maiden Gully. This parcel of land was unable to be attained.

Therefore a new parcel of land needed to be identified to cater for the Maiden Gully community. An opportunity to acquire land to develop sport and recreation facilities in Maiden Gully presented itself with a possible partnership arrangement with RCTC. The City purchased land, Reserve 1 Plan of Subdivision 709875, adjoining the proposed Catholic School site in order to facilitate the venture. (Shown in Figure 1 below).


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Figure 1 - Golf Links Road & Patas Road, Maiden Gully

The sport and recreation facility component of the Catholic School site is shown in Figure 2 below.

Figure 2 - Maiden Gully Educational & Recreational Site – Master Plan Option C


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Previous Council Decision(s) Date(s): In 2010, as shown in the Motion below, Council agreed to the purchase of land in Golf Links Road (Reserve 1 Plan of Subdivision 709875). Council also agreed with the In Principle Agreement to enter an arrangement with the RCTC for the development and ongoing maintenance of shared recreational facilities.

MOTION from S89 Report 16 June 2010

Moved Cr Lyons, seconded Cr Reade. 1. That Council advise Mr Van Rijn of intent to purchase land parcel D1 for an agreed

settlement figure of $600,000 subject to: (a) Planning approval for subdivision of the land as specified as parcel D in the

attachment2. (b) Gazettal of approval for a planning scheme amendment under the Planning and

Environment Act 1987 for a land use rezoning of the land. (c) An environmental assessment for soil contamination and if required an

environmental audit to determine whether the land is suitable for all sensitive uses.

(d) A geotechnical assessment to determine the feasibility of Council purchasing

and developing the site. (e) Satisfactory agreement with the Roman Catholic Trust Corporation in regard to

legal access to enable the subdivision to proceed.

2. That Council provide its In Principle Agreement to an arrangement with the Roman Catholic Trust Corporation which will provide for the following:

"Based on the usage of the facility, there be a proportional contribution to land purchase and infrastructure. The value of the land is to be determined by an independent and qualified valuation.

Such a contribution relate only to the portion of land to be used for both Recreation and an Early Learning Centre.

Based on the agreed proportion, there be a shared cost arrangement for ongoing maintenance.

The Agreement between the parties stipulate long term usage for both Recreation and Children's Services."

CARRIED

1 Marked yellow above in the Background section of this report

2 The attachment was in the original report, not reproduced here


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Report

Upon the offer from RCTC to purchase Reserve 1 Plan of Subdivision 709875, both parties agreed this would result in a cleaner and manageable partnership for joint use of recreation facilities. This report suggests that the land Council purchased for this purpose now be sold to the RCTC to enable them to go forward with their planning approval process. Discussion surrounding a joint use and development agreement will continue to ensure long term community access to the site. The price of sale to RCTC is based upon the costs agreed in the draft Memorandum of Understanding that established the Maiden Gully Partnership Working Group. These agreed costs include full cost recovery of the purchase price and the costs associated with the fencing, land conveyance (not indexed), and the sale and transfer. Table 1 below sets out the total estimated costs.

Reserve 1 Plan of Subdivision 101 Golf Links Road, Maiden Gully

Monies Expended by CoGB Purchase price $600,000.00

Legal fees - HQ Law $ 1,989.04

Surveyor's fees - Subdivision Plans $ 2,651.00

Legal Costs - Petersens $ 2,493.57

Title office registration fees $ 4,276.60

Agent's lodging fees $ 135.00

Searches etc $ 109.80

Fencing costs - Universal fencing $7,501.45 (Agreed 50%) $ 3,750.73

Estimated costs for sale

Valuation report $ 1,500.00

Registration fees - removal of easement $ 721.30

Change of status $ 721.30

Agent's lodging fees $ 100.00

Total estimated cost to recover $618,448.34

Table 1 Price of Sale to RCTC Priority/Importance: In order to meet RCTC required timelines, finalising the sale of land is considered of high importance. Risk Analysis: Should Council resolve not to proceed with the sale of land to RCTC, there is a significant risk of damaging a positive working relationship.


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Should Council resolve to proceed with the sale of land to RCTC it would be diligent to include a condition in the sale process that ensures long term community use of the recreation facilities.


Internal Consultation: Consultation and communication has been undertaken at CEO, Director and Officer level between the Community Wellbeing Directorate and the Planning and Development Directorate. Officers with expertise in recreation, property and conveyance have been engaged to ensure that the proposed transaction can be carried out legally and ethically. Finance was also consulted to determine which budget that sale moneys should be returned to. External Consultation: The CEO, Director of Community Wellbeing and Manager of Active and Healthy Communities have engaged with the Maiden Gully Partnership Working Group and the RCTC to agree on this proposed way forward and sale. The RCTC have agreed to the sale amount. All parties agreed that the City should withdraw from ownership of Reserve 1 Plan of Subdivision 709875 and continue working with RCTC to develop a joint use and development agreement.


The proposal would see all proceeds returned to the Recreational Reserve Funds, from which they were initially sourced. Budget Allocation in the Current Financial Year: Nil Previous Council Support: N/A External Funding Sources: N/A Current Estimate or Tender Price: $618,448.34 revenue Any known or anticipated variance to budget: $618,448.34 revenue Projected costs for future financial years: N/A Any ongoing recurrent expenditure required: N/A

Conclusion

The ability of RCTC to fund all parcels of land at the proposed development site at 101 Golf Links Rd Maiden Gully, has enabled Council to sell its parcel of land to RCTC and continue the partnership between the two parties for joint use and development of recreation facilities.


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The ownership of land by one party provides the basis for a clear and manageable partnership.

To ensure long term community use of the proposed recreation facilities, Council should continue negotiating a joint use and development agreement, and guaranteed use of the site for community recreation purposes should be a condition of the sale.

Attachments

1. Nil

RECOMMENDATION

That Council –

1. Resolve to sell Reserve 1 Plan of Subdivision 709875 in accordance with section 189 of the Local Government Act 1989;

2. Authorise public notice of its intention to sell the above land in accordance with

section 189 of the Act;

3. Nominate Councillors Chapman, Fyffe and Lyons to constitute a panel of the Council to hear any submissions in accordance with section 223 of the Act in relation to the sale of the above land;

4. If no submissions are received, authorise the sale of the above land for the sum of

$618,448.34 to the RCTC;

5. Authorise the Chief Executive Officer to affix the Common Seal and sign all relevant sale documents; and

6. Resolve the following condition be included in the sale to ensure community

access: 7. RCTC and CoGB enter into a peppercorn lease and Joint Usage and

Development Agreement, or another legal document to that effect that guarantees long term community access to the recreation facilities no shorter than a period of 50 years.


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3.4 MAIDEN GULLY PRECINCT STRUCTURE PLAN


Author Steven Abbott, Strategic Planner Responsible Andy Walker, Acting Director Planning and Development Director

Summary/Purpose

This report seeks endorsement of the Maiden Gully Precinct Structure Plan.

Policy Context

Council Plan (2009-2013) Reference:

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 Maiden Gully North East.

Strategy Reference: Bendigo Residential Development Strategy (2004). Maiden Gully North East defined as one of Bendigo’s New Development Areas within the urban growth boundary.

Introduction

The Maiden Gully Precinct Structure Plan has been prepared by the City of Greater Bendigo with support by partner consultants. The strategic direction of the plan has benefitted significantly from the assistance and vision of the Maiden Gully Progress Association, Government agencies, service authorities, community members and other stakeholders. With a primary focus on the north east area, the Structure Plan is a long term strategic plan to guide the future urban development of Maiden Gully. It has considered environmental, social and economic factors, imperatives and opportunities. It describes how the land is expected to be developed, and how and where services are planned to support appropriate development. The Structure Plan has now been prepared, reviewed and refined, and is now ready to be adopted by Council.


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Maiden Gully is an emerging growth area of the City of Greater Bendigo (CoGB). Recent history has seen significant development and change, especially in the residential sector with large numbers of young families being attracted to the area’s bushland and semi-rural setting located just 7 kilometres of central Bendigo. In 2004, the Bendigo Residential Development Strategy (BRDS) recognised Maiden Gully's future role in the growth of the City in coming decades by designating an area of almost 500 ha as a New Development Area (NDA). As a result Council identified the preparation of a Structure Plan for Maiden Gully as a priority for the 2011/12 financial year. The project commenced in April 2012 and was completed in July 2013. It represents the culmination of an extensive process of community and stakeholder engagement and collaboration, connected to various stages of research, analysis, conceptualisation and planning. Priority/Importance High – The Maiden Gully Precinct Structure Plan is a current project commitment of the City of Greater Bendigo. The Structure Plan provides a strategic and statutory planning framework to implement a settlement plan for Maiden Gully, which helps maintain an optimal land supply over coming decades and inform Council’s actions and decision-making.

Report

The Process to Prepare the Maiden Gully Precinct Structure Plan

The Maiden Gully Precinct Structure Plan has been developed in collaboration with the Maiden Gully Progress Association (as the Reference Group), local residents, government agencies, service authorities, technical consultants and various departments of the City of Greater Bendigo. The plan has been prepared through a six stage process including;

Stage 1 Inception Complete

Stage 2 Research, Technical Paper and Analysis Plans Complete

Stage 3 Issues and Opportunities Paper Complete

Stage 4 Vision and Conceptual Structure Plan Complete

Stage 5 Draft Precinct Structure Plan Complete

Stage 6 Community Exhibition and Structure Plan Finalisation Complete

The geographic scope of the project consisted of a primary study area focused on the Maiden Gully New Development Area (NDA). A wider secondary study area encapsulating the balance of Maiden Gully brought a holistic, contextual understanding and analysis to the development of the Precinct Structure Plan. This approach has also helped to determine if there is land beyond the limits of the NDA that may be suitable for development and land within it which is not suitable.


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The Precinct Structure Plan has been prepared according to current best practice, which is reflected in guidelines for Precinct Structure Plans developed by the State’s Growth Areas Authority (GAA). The City's Strategy Unit has led the project, providing skills and resources for project management, integrated analysis of technical inputs, conceptual and technical structure planning, community workshops, project information (e.g. project bulletins, website), document design, layout and production and general administration. The Strategy Unit has also procured, managed and coordinated the services of specialist consultants for selected work elements such as the detailed flora and fauna assessment and predictive traffic modelling.

Governance

Two main groups were established to provide governance for the project – a Steering Group and a Reference Group. The Steering Group oversaw and provided general direction to the project. The Reference Group comprised of the Maiden Gully Progress Association and has provided valuable input into the direction of the project, concept planning and communications within local residents in Maiden Gully. A local resident and Reference Group member (current President of the Maiden Gully Progress Association) was also a member of the Steering Group to assist with the integration of project governance and transparency. The Steering and Reference Group meetings have been held, ‘back-to-back’, at milestone points during the course of the project and have been fundamental to developing the planning framework. Community Engagement A comprehensive program of community engagement in a number of different forms has been undertaken throughout the project in order to collaborate with the local residents, land owners and other stakeholders and inform the direction of the Structure Plan. The major engagement sessions to-date included: Community Workshop 1 – Introduction and Ideas – 23 August 2012 This included an introduction to the project, process and preliminary findings and a workshop exercise to identify the initial issues and ideas of participants. Community Workshop 2 – Vision and Concept – 5 and 6 December 2012 This included a two day intensive workshop with residents, service authorities and other key stakeholders. It also included presentation of the Issues and Opportunities Paper and a design process of preliminary concept plans for Maiden Gully.


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Community Workshop 3 – Key Elements of Structure Plan – 25 March 2013 This included presenting the key elements of the draft structure plan, including a yield analysis and areas considered suitable for residential development. Open discussions between residents and the project team were had throughout the workshop. Call for Submissions – Public Display Period – 8 May – 20 June 2013 On 8 May 2013 Council agreed to release the draft structure plan for a public display period. The opportunity to provide a submission was disseminated through a community bulletin to land owners and other stakeholders, social media and the Maiden Gully Progress Association. 21 submissions from 19 submitters were received. Listening Posts – Public Display of the Draft Structure Plan – 20 and 25 May 2013 This included ‘drop-in’ style engagement sessions. They were held during the week and on a weekend and provided an opportunity for members of the community to call in when it suited them, to inspect and discuss any part of the draft structure plan. It also provided an opportunity for the community to discuss their submission and how to go about preparing written feedback to the plan. Community Bulletins At various stages (Stage 1, 3, 4, 5 and 6) of the project five community bulletins were sent to all properties in Maiden Gully and other stakeholders who have registered their interest. These bulletins have invited residents to the workshops, communicated key elements for consideration and explained how people can get involved or be kept informed of how the plan is progressing. One-on-one Meetings An open door approach has been taken throughout the project. This has invited interested community members to contact the project manager direct to discuss particular elements of the process or outputs as they relate to individual properties. This approach has been successful in initiating discussions with more than 100 residents and capturing a broad spectrum of views, ideas and issues which have influenced the plan. Overall, the feedback has been very positive. The Precinct Structure Plan

The Precinct Structure Plan has been developed in accordance with the State’s guidelines for Precinct Structure Plans (attachment 1). The plan includes a number of key chapters, which are:

Strategic Context

A vision

Integrated Precinct Design

Land Budget

Plan Elements

o Image and Character

o Housing

o Employment and Commercial Areas

o Community Facilities

o Open Space

o Integrated Water Management


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o Bushfire

o Transport and Movement

o Utilities and Energy

o Sustainability

Development Staging

Native Vegetation Precinct Plan

Implementation Plan The Vision The preservation of the semi-rural and bushland character emerged as a significant priority for the Structure Plan. Resulting from the Community Plan and subsequent community workshops developed through the Structure Plan, this principle is collectively supported by local residents. Investigations soon focused on the ridges and valleys of the terrain that revealed the most valuable assets - the bush land and waterway corridors that delineate the view sheds of the study area. Greater Bendigo has many waterway edges and ridges with an abundance of vegetation creating ecological corridors for the regeneration of indigenous species and open space provisions where people can connect and enhance our natural environment. The precinct area itself presents two main waterway corridors and between them, a ridge line that connects with the historic Coliban Water channel. These features are lined with vegetation and provide opportunities to integrate shared paths for pedestrians and cyclists immersed in natural beauty with a road reserve for vehicles and emergency services and an efficient bushfire protection zone. Collectively, the division of the study area on roads, waterways and ridgelines is conducive to numerous ‘hamlet style’ residential developments. This not only protects the sense of place within Maiden Gully’s natural beauty and association to Bendigo’s unique position as the city in the forest, but it also allows for the staging of development. This will enable demand that provides for a sequential delivery of infrastructure and, where possible limits disruption to established areas or residents content with their existing lifestyle. By embracing the precincts with native bush land corridors, importantly with bushfire risks reduced to an acceptable level, limits the possibility for over-development and preserves Maiden Gully’s landscape characteristics that will meld the natural, rural and urban environments with interconnections to facilities and infrastructure, whether you walk, ride or drive. Submissions to the draft Precinct Structure Plan The public display period for the draft structure plan received 21 submissions from 19 submitters. Five themes emerged from the display period which warranted consideration and minor changes to the plan. These included:

Ensure adequate development flexibility within the existing town centre;

Getting the balance of vegetation retention and offset right;

Planning for the best transport connections into, within and out of the precinct;


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Providing adequate rationale for the urban growth boundary; and

Ensure community engagement continues through the implementation phase. A full copy of the of the submissions summary, response and recommendations is attached (attachment 2).

Next Steps

Once the Maiden Gully Precinct Structure Plan is adopted by Council the finalisation will include:

Final project bulletin (immediately after adoption);

Thank you letters prepared for key stakeholders, particular the Maiden Gully Progress Association (immediately after adoption);

Commencement of a Development Contribution Plan (2013/14 financial year); and

Commencement of a Planning Scheme Amendment (2013/14 financial year), following finalisation of the Contribution Plan.

The overall Maiden Gully Precinct Structure Plan will be implemented incrementally over the long term (20 plus years) by:

Development proponents and property owners who develop land generally in accordance with the Structure Plan;

The Victorian Government and the City of Greater Bendigo by funding, delivering and managing a range of infrastructure and services to support the development; and

Non-government service providers and individuals, such as volunteers, who manage and deliver services.


The total project budget was $130,000 (exclusive of GST). The project has been completed with a budget overrun of approximately $20,000 (exclusive of GST) for additional costs related to predictive transport modelling, testing of concept plans and town centre urban design.

Funding Source Funding Amount

City of Greater Bendigo (mid-year budget review allocation 2011/12)

$55,000

City of Greater Bendigo (allocation 2012/13)

$20,000

State Government (RGF) $40,000

Total Budgeted $130,000

Total Expenditure $150,000


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Conclusion

The preparation of the Maiden Gully Precinct Structure Plan is a high priority project for the City of Greater Bendigo. The delivery of the project will provide a statutory planning framework to implement a settlement plan for Maiden Gully, which helps maintain an optimal residential land supply for Greater Bendigo over coming decades and will inform Council’s actions and decision-making. Adopting the Structure Plan will enable further planning and implementation to commence, including a Planning Scheme Amendment and detailed infrastructure planning.

Attachments

Submissions – Summary, Response and Recommendations

Maiden Gully Structure Plan

RECOMMENDATION

That the Greater Bendigo City Council resolves to adopt the Maiden Gully Precinct Structure Plan.


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3.5 GREATER BENDIGO PUBLIC HEALTH AND WELLBEING PLAN


Author Lindy Wilson, Social Planner Responsible Andy Walker, Acting Director Planning and Development Director

Summary/Purpose

This report recommends that Council endorse the draft Greater Bendigo Public Health and Wellbeing Plan 2013 - 2017, for the purpose of inviting community comment, prior to adoption of the final strategy.

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 alongside 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 a four year cycle following Council elections. Council Plan 2013-2017: 2.5 Our community's health and wellbeing improves over time;

2.5.1 Implement the agreed priorities in the Health and Wellbeing Plan. Strategy Reference: www.bendigo.vic.gov.au/healthandwellbeing 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.bendigo.vic.gov.au/healthandwellbeing


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In September 2012 the Council endorsed a program of community engagement (including engagement for the Council Plan 2013-2017) for the new Municipal Public Health and Wellbeing Plan 2013 - 2017. In March 2013 the Council considered the progress in achieving the actions in the Health and Wellbeing Strategy 2009 – 2013 as the MPH&WP must now be reviewed and renewed as per legislative requirement. 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. The MPH&WP sits alongside the 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 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 requiring a strong evidence base, community consultation and evaluation. The MPH&WP aligns with the planning cycle of the City's 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:

Health protection - regulation of tobacco, alcohol and gaming, immunisation, food/road/bushfire safety and pollution/waste.


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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 and 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.

The PHW Act sets out that a Municipal Public Health and Wellbeing Plan 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 Public 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. Previous Council Decision Dates: 26 September 2012: Council endorsed the commencement of community

engagement for the new Municipal Public Health and Wellbeing Plan 2013-2017.

6 March 2013: Council endorsed the review and conclusion to the Health and Wellbeing Strategy 2009-2013.

Report

How can Local Government encourage people to lead healthier lives? By creating environments and providing opportunities for them to do so. The modern way of life often makes it hard for people to make good choices, unhealthy behaviours are frequently enjoyable or adaptive, at least in the short term. Similarly, fostering an environment that protects and promotes the wellbeing of communities is a complex yet critical priority.


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People in Greater Bendigo generally enjoy a good health status and longevity, which is predicted to continue. However, as life expectancy increases, so does aged related diseases and disability, lower death rates, and an increasing number of people requiring management and treatment of chronic illness and disability. Some risks such as smoking have decreased and some, such as the prevalence of obesity has increased. Many population health gains have not been shared evenly, some groups continue to experience a disproportionate burden of disease and injury. Effective prevention can reduce the significant economic burden of disease in addition to improving the length and quality of people’s lives. Improved health status supports greater workforce participation, improved productivity and lower healthcare costs, whereas ill-health and associated risk factors impose significance costs to the community and on the economy, both in the form of additional direct cost and lost potential. The City’s population is growing and ageing, we live sedentary lifestyles, enjoy eating out and community participation is dropping because of busy lifestyles. We are also living in a changing world that is more informed about health and rapid medical advancement for treatment options and cures. In a global world where communicable disease can spread rapidly, issues of food safety and security and potential impacts of changing weather patterns are increasing. This is making our children, older people, those with disabilities and medical conditions and outdoor workers more at risk. Local Government has a vital role in the Australian health system, not in dealing with symptoms, but addressing the causes of poor health. CoGB is ideally placed to develop, lead and implement local policies to influence the determinants of health, which include actions in areas such as transport, roads, parks, waste, land use, housing and urban planning, recreation and cultural activities and creating safe public places. The Greater Bendigo Public Health and Wellbeing Plan (GBPH&WP) has been developed to address the legislative requirements of the Local Government Act, Public Health and Wellbeing Act and the Climate Change Act and to identify the City of Greater Bendigo’s role in public health and wellbeing. The plan also acknowledges the Victorian Public Health and Wellbeing Plan 2011-2015, Healthy Together Bendigo and local plans of community partners with an interest in local public health and other related strategies across the City, that play a role in health and wellbeing. This plan will not seek to duplicate the actions already adopted, instead focussing on areas that are supportive of health and wellbeing. The GBPH&WP has used the Council Plan framework in community engagement and the development of the actions. Actions are focused on improving, protecting and prompting the health and wellbeing of the Greater Bendigo community by:

Supporting and encouraging healthy eating and increased active living;

Ensuring people feel connected to their community;

Developing and implementing policies that promote health and safety;

Enforcement of public health, building and planning legislation;


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Promoting supportive, social, economic and cultural environments that enable the community to help themselves and their families and friends to maintain good mental health and wellbeing;

Ensuring environments for physical activity are safe, inclusive, and accessible;

Encouraging development of family friendly sporting clubs;

Health and wellbeing services and programs that support all people to live in our community;

A strong, creative and inclusive community where arts and culture enhances individual and community wellbeing and health;

Economic development, education and a skilled workforce that support community resilience;

Promoting the use of creativity and arts for health and wellbeing;

Building the capacity of our community to reduce the impact of climate change;

Enabling people to take part in decisions that affect them; and

Building a highly productive and healthy organisation. Priority/Importance: Local Governments are mandated under the PHW Act to prepare a MPH&WP aligned to the Council's corporate planning cycle. Timelines: The Greater Bendigo MPH&W Plan is due for completion by October 2013. Risk Analysis: Legislation requires the Council to have a MPH&WP and to monitor and review its implementation.


Internal Consultation: The 'whole of organisation' has been involved in the development of the draft GBPH&WP. Key managers and staff were involved in the workshops as well as community health providers. Managers have also been responsible for the development and implementation of actions to implement the GBPH&WP. Managers and the Health Planning Alignment Group will be involved in the annual review of the plan. External Consultation: There has been a significant amount of consultation with health service providers in preparing the draft plan. This includes the City's Healthy Communities Team, Bendigo Loddon Primary Care Partnership, Bendigo Health, Bendigo Community Health, Women's Health Loddon Mallee and Heathcote Health.


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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 of health and wellbeing. The development of the GBPH&WP involved extensive community engagement and collaboration. Over 300 people provided over 1,250 thoughts and ideas as well as 166 school children who drew pictures or expressed their thoughts.

An interactive Health and Wellbeing Blog (950 views);

Council Website – Municipal Public Health and Wellbeing Plan (over 3,200 views)

Project Bulletins, three have been issued to date and circulated to our mailing list (400) and available at reception, Library and other key locations. Project Bulletins are also available on our website for downloading.

Detailed Fact Sheets on Health and Wellbeing in CoGB developed and disseminated widely;

Targeted consultation with Primary Schools (166 Children);

Regular meeting/discussions with community health agencies (monthly);

Attendance at regular meetings - Positive Ageing Advisory Group, Settlement Group etc, and one on one meetings (12);

Listening posts at shopping centres (3);

Establishment of a drop in centre (3 weeks in February); and

Focussed workshops around the Municipality (12 throughout the municipality).


The GBPH&WP has been developed in-house by the Strategy Unit. Budget Allocation in the Current Financial Year: A budget allocation of $8,500 has been including in the 2013/14 to finalise the Plan. Previous Council Support A budget allocation of $25,000 had been included in the 2012/13 budget and only $12,000 was spent due to staff undertaking workshop facilitation, graphic design work and printing of fact sheet undertaken in house. 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. Any ongoing recurrent expenditure required: Actions will be identified for the four year period and some actions will require Managers to seek appropriate budgets.

Conclusion

The Greater Bendigo Public Health and Wellbeing Plan is a key strategic plan of the City of Greater Bendigo and mandated by State Government.


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The GBPH&WP must be strategically aligned and integrated with the Council Plan and the Municipal Strategic Statement and the plans of other community partners with an interest in local public health. To further enhance alignment, detailed planning and comprehensive engagement with stakeholder organisations and community members for both the Council Plan and the GBPH&WP occurred simultaneously. This process ensured greater strategic alignment, consolidated engagement and ensures that GBPH&WP meets the statutory requirements. The draft Greater Bendigo Public Health and Wellbeing Plan is now presented to Council for consideration and to resolve to make the plan available for community comment. Any comments received will be reviewed prior to presenting the final strategy to Council for adoption.

Attachments

1. The Draft Greater Bendigo Public Health and Wellbeing Plan 2013-2017

RECOMMENDATION

That the City of Greater Bendigo endorse the draft Greater Bendigo Public Health and Wellbeing Strategy 2013 - 2017 and The Wellbeing Charter for the purpose of inviting community comment from the 12 September 2013 to 10 October 2013, prior to consideration of the final plan.


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3.6 BENDIGO GOLD FOOTBALL CLUB FUTURE SUPPORT


Author Patrick Jess, Manager, Active and Healthy Communities Responsible Debbie Thewlis, Acting, Director Community Wellbeing Director

Summary/Purpose

The Bendigo Gold Football Club (BGFC) recently publicly announced it would not continue to operate beyond 2013 if it deems it does not have the required level of support from local community, business and Council. BGFC recently presented its vision and plan to Council outlining the challenges it faces and what is required for its future survival and sustainability. The purpose of this report is to seek Council support and endorsement of the BGFC continuing to compete as a Victorian Football League Club.

Policy Context

Council Plan Reference: Strategic Objectives and 2013-2014 Actions 2.3 Open space and recreation facilities are well designed, extensively used and well maintained. 2.3.4 Continue to support major recreational organisations to increase their financial independence. 2.5 Our community’s health and wellbeing improves over time. 3.4 Tourism and major events are a significant contributor to our economy. 3.4.5 Attract, retain and nurture major events that deliver substantial economic, promotional and social benefit for Greater Bendigo.


The Club was established in 1998 as the Bendigo Diggers Football Club. It remained in this form until 2003 and during this period accumulated considerable debt with limited on field success. In 2004 the Club became affiliated with the Essendon Football Club and changed its name to the Bendigo Bombers.


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As the Bendigo Bombers the Club enjoyed greater on field success making the finals on numerous occasions, however it was still challenged financially and appeared to lack community support evidenced by low membership. At the end of 2012 the Essendon Football Club ceased its relationship with the Club and in 2013 the Club became the Bendigo Gold Football Club.

Council has invested significantly to the provision of VFL Football in Bendigo since the inception of the Bendigo Diggers in 1998.

Council has previously recognised that the existence of a Bendigo based Victorian Football League team provides economic and social benefits to this community.

Previous investment and support is evident through:

Access to premier sporting facilities such as Queen Elizabeth Oval, Tom Flood Sports Centre and Epsom Huntly Recreation Reserve.

Assistance via the City’s Marketing and Events staff through promotion and advertising.

Financial support through waiving of some hire fees and funding contribution to (at the time) Bendigo Bombers to conduct community programs.

Investment into strategic planning.

In terms of facility investment, CoGB has contributed to the upgrade and redevelopment of the Queen Elizabeth Oval which included match standard lighting, AFL quality surface, spectator terracing, and an electronic scoreboard.

Prior to this the City upgraded the existing change rooms and installed new VFL standard change rooms as part of the Aquatic Centre redevelopment. Previous Council Decision(s) Date(s):

Report

In its presentation to Council, the BGFC spoke of the benefits of VFL Football to the local community, the challenges the Club faces, and its vision for the future.

According to AFL Victoria it estimated the economic value of a VFL Club based in Bendigo is approximately $3M annually to the local economy.

Importantly, the social benefits of a VFL Club based in Bendigo should not be under estimated.

VFL standard football is the local pinnacle for player pathways. From Auskick to VFL, Bendigo is represented at all levels of football.

The following represents local participation in football:

24 Auskick centres in operation with approximately 1000 participants

In excess of 2000 participants in the Bendigo Junior Football League


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28 senior Clubs with approximately 1900 participants

The Bendigo Pioneers representing in the U/18 state competition

Bendigo is now represented in Women's Football via the North West Division of the Victorian Women's Football League.

Outside of the AFL, BGFC remains the pinnacle for local participants and indeed is a direct pathway for those aspiring to reach AFL standards. Socially the BGFC has made a concerted effort to contribute to the community.

The senior coach volunteers time to a range of activities including coaching the Reclink Football Team (a state competition for disadvantaged) working with schools, homeless youth, and assisting local football clubs.

In addition to economic and social benefits, VFL football as an event provides a unique opportunity for local community to view the second highest standard of football in Victoria and interact with AFL stars that would otherwise not be possible. The BGFC have amplified this aspect by negotiating with the VFL to host five (5) night games at the Queen Elizabeth Oval against popular stand-alone clubs such as Collingwood, Geelong and Essendon.

Future Planning

With BGFC adopting a community based model, it is financially challenged more than any other club in the VFL through not having the support of an AFL aligned club nor having an off field revenue stream such as gaming. At present the club relies solely on gate receipts, sponsorship and membership as income sources. Considering an average VFL Club costs approximately $750,000.00 annually to operate, BGFC faces a challenging future.

To secure its future the club intends to;

Derive revenue away from on-field activities

Increase sponsorship properties

Identify strategic partnerships with overall benefits for all stakeholders

Continue building on community engagement

BGFC recently approached officers seeking support to assist its operation in 2014 and beyond.

The specific request is access to facilities at Epsom Huntly Recreation Reserve including ground usage, change rooms and amenities, and most importantly access to the function room facilities as a source of revenue raising.

From an officer perspective, relocation to Epsom is certainly possible and presents positive opportunities such as strengthening the alignment between Bendigo Pioneers and BGFC.

Officers are currently working with BGFC on potential management models that may assist their future operations. It is important that existing user groups located at Epsom Huntly Recreation Reserve are involved in the process and as a principle, that existing users are not negatively impacted and that the facility remains accessible and affordable for community organisations.


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As well as access to facilities, the BGFC is also seeking in principle support from Council that is does indeed value VFL Football in Bendigo and that it supports the BGFC to continue operating as part of the VFL for the long term future.


Representatives of AFL Victoria, City of Greater Bendigo, Bendigo Gold Football Club, and Bendigo Bank have been communicating on the future of BGFC.


There are no anticipated resource implications for the current financial year. Budget Allocation in the Current Financial Year: N / A Previous Council Support: External Funding Sources: Current Estimate or Tender Price: Any known or anticipated variance to budget: Projected costs for future financial years: Any ongoing recurrent expenditure required:

Conclusion

There is little doubt the existence of a Bendigo based Victorian Football League team provides significant economic and social benefits to the local community.

Since the inception of VFL Football in Bendigo in 1998 Council has recognised the value of a Bendigo based VFL club through investment in infrastructure, promotion and marketing.

At a time when the future of VFL football in Bendigo is in doubt, self-declared by the BGFC, Council should continue its support as a matter of policy, to retain VFL football in the municipality.

Attachments

1. Nil

RECOMMENDATION

1. That Council acknowledges the challenges faced by Bendigo Gold Football Club and its’ future survival.

2. That Council recognises the significant investment it has made toward VFL football in Bendigo since its inception in 1998.

3. That in recognising the social and economic benefits a Bendigo based Victorian

Football League provides to this community and Councils significant investment to VFL football locally, that as a matter of policy supports the future survival of Bendigo Gold Football Club.

Productivity - Reports Ordinary Meeting - 11 September 2013

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4. PRODUCTIVITY

4.1 GREATER BENDIGO FARMING ADVISORY COMMITTEE MEMBER APPOINTMENTS


Author Jenny Pendlebury, Rural Development Coordinator Deb Simpson, Coordinator Connecting Communities Responsible Debbie Thewlis, Acting Director Community Wellbeing Director

Summary/Purpose

To provide Council with details of Expressions of Interest received for membership of the Greater Bendigo Farming Advisory Committee (Committee), and for Council to consider the interview panel’s recommendations regarding member appointments.

Policy Context

Council Plan Reference: This report is consistent with the following Council Plan 2013-2017 strategies and actions: Strategy 3.2: A diverse, strong and growing economy that supports community

resilience. Action 3.2.2: Lobby State and Federal Government to improve biosecurity and

water security and secure the continued viability of the agricultural sector, including protecting productive agricultural and intensive agricultural activities.

Strategy 5.3: We engage effectively and often with our communities, through excellent customer service and by providing information to enable people to take part in decisions about the changes.


The Greater Bendigo Eastern and Northern Rural Area Farming Consultative Committees were established in 1994 following local government authority amalgamations. These two Committees then merged in 1998 to form the Greater Bendigo Farming Consultative Committee (FCC). Since the FCC’s inception, the rural sector has experienced significant market changes and a number of natural disasters that have increased the complexity of primary production enterprises and associated industries. These changes have left many farmers and rural communities feeling particularly exposed and vulnerable.


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In consideration of these factors, in 2012 the FCC initiated a review of its functions and membership. As a result of this process, the FCC put a recommendation to Council that it be disbanded and that a Greater Bendigo Farming Advisory Committee (FAC) be established as a formal Advisory Committee to Council. Council endorsed the establishment of the FAC and its Terms of Reference at the Council Meeting of 17 April 2013. The Terms of Reference place strong emphasis on the FAC being very proactive in identifying emerging rural issues and opportunities and providing advice to Council on possible responses. Following Council endorsement of the FAC and its Terms of Reference, the final meeting of the FCC was held on 7 May 2013. At this meeting, members reflected on the many achievements of the FCC and were congratulated for their significant contributions to Greater Bendigo's rural communities throughout their FCC membership terms. Each FCC member was presented with a Certificate of Appreciation signed by the Mayor, and encouraged to consider submitting an Expression of Interest for membership of the FAC.

Previous Council Decision(s) Date(s):

Report

Expressions of Interest for membership of the FAC were publically sought throughout late May and early June 2013. This opportunity was promoted through articles and / or advertisements in local newspapers, community newsletters, relevant email networks plus Council’s website and social media accounts. Expressions of Interest were invited from individuals with knowledge / experience from across a range of commercial rural enterprises.. The FAC Terms of Reference outline the requirements for membership of the Committee as follows: 3.1 Membership to the Committee shall consist of one City of Greater Bendigo Councillor from each of the three Wards plus nine community members drawn from across each of the three Wards. Each community member shall satisfy a set of key selection criteria and be ideally drawn from the following categories of commercial rural business: (a) Broadacre farming; (b) Horticulture; (c) Viticulture; (d) Animal husbandry; (e) Farming related business; (f) Agribusiness. 3.2 To ensure a balanced and comprehensive advice base, Committee members will collectively have a diversity of relevant expertise and experience. Ideally there will be balanced gender representation within the Committee. Each applicant was requested to respond to a range of Key Selection Criteria in order to assist with consideration of their relevant knowledge / experience.


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In total, eleven Expressions of Interest for membership of the FAC were received. (Details of all eleven applicants are included within Confidential Attachment 1). The eleven applications were initially assessed by a Panel comprised of Cr Rod Campbell, Pauline Gordon (Director Community Wellbeing) and Jenny Pendlebury (Rural Development Coordinator), and the Panel unanimously agreed that all eleven applicants should be offered the opportunity to attend a subsequent interview. The Interview Panel was comprised of Cr James Williams, Debbie Thewlis (Manager Customer Support) and Jenny Pendlebury (Rural Development Coordinator). All eleven applicants were interviewed between 24 July and 2 August 2013. At the completion of the interviews, the Interview Panel was unanimous about the nine applicants it wishes to recommend for membership of the FAC. It is the Interview Panel’s opinion that these nine applicants all individually satisfied the Key Selection Criteria, and collectively offer an excellent mix of enthusiasm, agricultural experience, advocacy and leadership skills, diversity of enterprise, connections with the broader rural community and a good geographical spread across the three municipal Wards. (A summary of the nine recommended applicants’ knowledge / experience is provided within Confidential Attachment 2). It is the Interview Panel’s opinion that the remaining two applicants, whilst having demonstrated some knowledge / experience in their respective fields, did not adequately satisfy one or more of the Key Selection Criteria. The appointment of these nine positions ends the selection process, with all positions being filled.


Internal Consultation: The FAC's Terms of Reference prescribe the member recruitment and appointment processes. The draft Terms of Reference were developed in consultation with CoGB’s Committee Development Officer, Manager Customer Support, Manager Executive Services and Principal Risk Adviser. Council endorsed the establishment of the FAC and its Terms of Reference at the Council Meeting of 17 April 2013. External Consultation: Expressions of Interest for membership of the FAC were publically sought throughout a three week period extending across late May and early June 2013. This opportunity was promoted through articles and / or advertisements in local newspapers, community newsletters, relevant email networks plus Council’s website and social media accounts. CoGB’s Rural Development Coordinator responded to enquiries from interested community members during the Expression of Interest period.


CoGB’s Rural Development Coordinator will provide administrative support to the FAC. CoGB’s commitment to this administrative support is outlined within the FAC's Terms of Reference.


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The level of resources CoGB may be able to allocate to the various issues and opportunities the FAC may identify into the future will need to be assessed on a case by case basis.

Conclusion

Prompted by the significant market changes and several natural disasters that many of Greater Bendigo’s farmers and rural communities have experienced over the past two decades, the Farming Consultative Committee initiated a review of its functions and membership in 2012. The aim of this review was to ensure that the Committee was still well positioned to provide representative and strategic advice to Council on behalf of this sector of the community. The outcome of the review was that the Committee recommended to Council that it be disbanded and that a Greater Bendigo Farming Advisory Committee be established as a formal Advisory Committee to Council. Council subsequently endorsed the establishment of the Advisory Committee and its Terms of Reference at the Council Meeting of 17 April 2013. In accordance with the Advisory Committee’s Terms of Reference, Expressions of Interest for membership of the Greater Bendigo Farming Advisory Committee were publically sought throughout late May and early June 2013.

Eleven applications were received in total (refer Confidential Attachment 1). Following an interview process, nine applicants have been recommended for membership of the Advisory Committee based on their significant sector knowledge / experience (refer Confidential Attachment 2) and other factors such as connections with the broader rural community. The appointment of these nine positions ends the selection process, with all positions being filled.

Attachments

Confidential Attachment 1: List of applicants for the Greater Bendigo Farming Advisory Committee.

Confidential Attachment 2: Applicants recommended for membership of the

Greater Bendigo Farming Advisory Committee.

RECOMMENDATION

That Council:

1. appoint to the Greater Bendigo Farming Advisory Committee in accordance with the Committee’s Terms of Reference for a three year term the following community members: Maurie Sharkey, Ross McKinstry, Craig Sharam, Jim Long, Michael Crapper, Alan Stevens, Courtney Smith, Rodney Luke and John Scott.

2. write to all applicants to thank them for their interest in the Greater Bendigo Farming Advisory Committee and formally advise them of the outcome of their Expression of Interest for membership of the Committee.

Sustainability - Reports Ordinary Meeting - 11 September 2013

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5. SUSTAINABILITY

Nil.

Good Governance and Decision-Making - Reports Ordinary Meeting - 11 September 2013

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6. GOOD GOVERNANCE AND DECISION-MAKING

6.1 RECORD OF ASSEMBLIES


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

Summary/Purpose

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

Policy Context

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


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

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


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Report

Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 13 August 2013

Matters discussed Planning application DC/42/2013 Extension to existing service station and creation of access to a Road Zone at 35-37 High Street, Kangaroo Flat

Attendees/Apologies

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

Staff/ Community Representatives

Frank Casimir Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor making disclosure Councillor left meeting

Nil


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Meeting Information

Meeting Name/Type

Councillors' Forum


Matters discussed 1. Former White Hills Landfill site 2. Water Plan presentation by Coliban Water 3. ITLUS Update 4. Hospital Precinct 5. Attendance at Ward and Small Township meetings 6. Defined Benefits Superannuation Scheme 7. Maintenance at Golden Square Swimming Pool 8. Update on VicRoads motion regarding Marong 9. Update on public forum on capital works 10. Update on synthetic drugs issue 11. Marong Service Road truck stop 12. O'Keefe Rail Trail at Heathcote 13. Establishment of Student Council 14. Local Government Reform Strategy 15. Independent Review

Attendees/Apologies

Councillors Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams


Ms Prue Mansfield Ms Marg Allan Mr Darren Fuzzard Mr Stan Liacos Mr Andrew Lyons Mrs Alison Campbell Apologies: Mr Craig Niemann Ms Pauline Gordon Mr Peter Davies


Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil


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Meeting Information

Meeting Name/Type

Councillors' Forum


Matters discussed 1. Planning matters and review of draft Ordinary Meeting Agenda 2. Independent Review 3. Township entrance signs 4. Vision Super quarterly report 5. Public forum on capital works 6. Advisory committees 7. Calder Regional Waste Management Group 8. Discussion with Federal Candidates 9. Catering 10. Heathcote meeting 11. Deputy Mayor 12. Marong by-pass 13. YMCA 14. Trivia night (Golden Square Swimming Pool) 15. Councillor emails 16. Meeting with Bendigo Gold VFL Football Team 17. Aquatic Centre tenders 18. Central Victoria Hockey Association 19. Ashworth Demolitions 20. Former White Hills Landfill site

Attendees/Apologies

Councillors Tour of Community Theatre: Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr James Williams Councillors' Forum: Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams


Tour of Community Theatre: Mr Craig Niemann Mr Stan Liacos Mr Peter Davies Ms Rachel Lee Mr David Lloyd Councillors' Forum: Mr Craig Niemann


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Ms Pauline Gordon Ms Prue Mansfield Mr Richard Morrison Mr Stan Liacos Mr Peter Davies Mrs Alison Campbell Apologies: Mr Darren Fuzzard Ms Marg Allan


Matter No.

Councillor making disclosure Councillor left meeting

Nil

Meeting Information

Meeting Name/Type

Heritage Advisory Committee Meeting


Matters discussed 1. Expenditure of HAC Budget 2. Planning update - demolitions - Heritage Restoration Loan Scheme 3. Strategy update: boundary stones

Attendees/Apologies

Councillors Cr Peter Cox Apology: Cr Mark Weragoda


Ms Emma Bryant Ms Megan McDougall/ Mr David Bannear Ms Elaine Doling Mr Peter Ellis Mr Jordan Grenfell Mr David Mulqueen Mr Rod Spitty Mr Darren Wright Apologies: Dr Dannielle Orr/ Ms Helen Ashby Mr Laurie Brown Ms Di Smith Mr Norm Stimson


Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil


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Meeting Information

Meeting Name/Type Consultation Meeting


Matters discussed Planning application DSD/213/2013: 2-lot subdivision, construction of a second dwelling, works to existing dwelling and reduction in car parking requirements at 110 Wills Street, Bendigo

Attendees/Apologies

Councillors Cr James Williams Apologies: Cr Lisa Ruffell Cr Peter Cox


Chris Duckett/ Applicant Objectors


Matter No. Councillor making disclosure Councillor left meeting Nil

Meeting Information



Matters discussed Planning application DR/158/2013: Construction of 3 dwellings at 22 Norfolk Street, North Bendigo

Attendees/Apologies

Councillors Cr Peter Cox Cr James Williams Apology: Cr Lisa Ruffell


Chris Duckett/ Applicant Objectors



Meeting Information



Matters discussed Planning application DU/357/2013: Use of land for medical centre, alterations and extensions to existing building, development of car park and advertising signage at 51 Goldie Street, Marong

Attendees/Apologies

Councillors Cr Elise Chapman Cr Barry Lyons


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Apology: Cr Rod Fyffe


Bryce Kilian/ Applicant Objectors



RECOMMENDATION

That Council endorse the record of assemblies of Councillors as outlined in this report.


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6.2 FINANCIAL STATEMENTS, PERFORMANCE STATEMENTS AND STANDARD STATEMENTS FOR THE FINANCIAL YEAR 2012/2013


Author Travis Harling, Manager Finance Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

The purpose of this report is to approve, in principle, the Financial Statements, Performance Statement and Standard Statements for the financial year 2012/2013 and to authorise two (2) Councillors to sign the final statements on behalf of Council.

Policy Context

Council Plan 2013-2017 5.2 The financial and physical resources of the organisation are managed efficiently

and well.


The Local Government Act 1989 requires the following: A Council must, in respect of each financial year, prepare an annual report containing: (a) a report of its operations during the financial year; (b) audited Standard Statements for the financial year; (c) audited Financial Statements for the financial year; (d) a copy of the Performance Statement; and (e) a copy of the report on the Performance Statement; (f) any other matter required by the regulations. Council must not submit the Standard Statements or the Financial Statements to its auditor or the Minister unless it has passed a resolution giving its approval in principle to the Standard Statements and the Financial Statements.


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The Council must authorise two (2) Councillors to certify the Standard Statements and the Financial Statements in their final form after any changes recommended, or agreed to, by the auditor have been made. Previous Council Decision(s) Date(s): Annual, the last being on 04/09/2012.

Report

The City of Greater Bendigo has prepared its annual Financial Statements, Standard Statements and Performance Statement for the financial year ending 30 June 2013. These statements have been examined by the Finance and Audit Committees. The Audit Committee review the statements and recommends that Council approve the statements in principle. The Council must also authorise two (2) Councillors to certify the statements, which historically have been the Mayor and Chair of the Finance Committee. The statements have been reviewed by the Victorian Auditor General's Office and are considered to be in their final form. As the statements have been finalised, they can be signed as soon as two (2) Councillors have been authorised. The following are items of note in the Financial Statements:

The year resulted in a $28.764 million operating surplus. The budgeted operating surplus was $14.341 million, resulting in a variance of $14.423 million, this result is in line with applicable Accounting Standards.

The large variance of actual to budget is predominately due to the higher than expected amount of developer contributed assets received and the early payments of several grants that relate to the 2013/14 financial year.

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 2012/13 financial year is a $3.525 million surplus. This is much less than the operating surplus as Capital Grants, Non-Monetary Assets and Infrastructure Write Offs have been excluded.

Total revenue was in excess of $169 million.

Council paid its share of the Defined Benefit unfunded superannuation liability.

Cash balances are $42.178 million, an increase of $3.801 million, $41.16 million of this cash is subject to some form of restriction.

Council's financial ratios as per Note 36 are very positive. In particular Council's Working Capital Ratio (which demonstrates the level of current assets to current liabilities) is 1:93:1, (2011/12 1.44:1). The ratio was reduced in 2011/12 due largely to the accounting treatment for Council's share of the Defined Benefit Superannuation call.

Council delivered $43.942 million of Capital Works during 2012/13. The Standard Statements beginning at page 49 show actual results to budget and explanation of significant variances. The Performance Statement at page 61 demonstrates Council's performance in achieving its Key Strategic Activities adopted in the 2012/13 Budget.


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Priority/Importance: 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 29 August 2013.


The annual audit of the Council's Financial Statements costs approximately $48,700 which is provided for in the budget. Budget Allocation in the Current Financial Year: Yes Current Estimate or Tender Price: $48,700 Projected costs for future financial years: CPI Plus

Conclusion

It is now appropriate for Council to approve the statements in principle and authorise two (2) Councillors to sign the final statements.

Attachments

1. Financial Statements 2. Standard Statements 3. 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 2012/2013 Financial Year; 2. Authorise Cr Ruffell and Cr 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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7. URGENT BUSINESS

Nil.

8. NOTICES OF MOTION

9. COUNCILLORS' REPORTS

10. MAYOR'S REPORT

11. CHIEF EXECUTIVE OFFICER'S REPORT

12. CONFIDENTIAL (SECTION 89) REPORTS

12.1 Proposed Development

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.

Documents

Agenda 11 september 2013