MINUTES Ordinary Meeting of Council...(KANGAROO FLAT) 11 2. PRESENTATION AND MANAGING GROWTH 13 2.1 616-618 MIDLAND HIGHWAY, HUNTLY 3551 - USE AND DEVELOPMENT OF LAND FOR A SERVICE

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MINUTES

Ordinary Meeting of Council

6.00pm Wednesday 12 December 2018

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

VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo NEXT MEETING: Wednesday23 January 2019 Bendigo Town Hall

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

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

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This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any

person to engage in improper or disorderly conduct at the meeting.

Council VisionCouncil VisionCouncil VisionCouncil Vision

Greater Bendigo - creating the world's most liveable community.

Council ValuesCouncil ValuesCouncil ValuesCouncil Values

Six values inform everything we as Council do in working together to be the best we can for all of our community. Seeking to achieve the best value for our use of the community’s public funds and resources, by:

• We Lead; • We Learn; • We Contribute; • We Care; • We Respond; • We Respect.

GoalsGoalsGoalsGoals

• Presentation and Managing Growth

• Wellbeing and Fairness

• Strengthening the Economy

• Environmental Sustainability

• Embracing our Culture and Heritage

• Lead and Govern for All

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ORDINARY MEETING

WEDNESDAY 12 DECEMBER 2018 ORDER OF BUSINESS: ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 5

CR WILLIAMS' REPORT 7

DECLARATIONS OF CONFLICT OF INTEREST 8

CONFIRMATION OF MINUTES 9

1. PETITIONS AND JOINT LETTERS 11

1.1 PETITION: GUM TREES IN CASUARINA GARDENS (KANGAROO FLAT)

11

2. PRESENTATION AND MANAGING GROWTH 13

2.1 616-618 MIDLAND HIGHWAY, HUNTLY 3551 - USE AND DEVELOPMENT OF LAND FOR A SERVICE STATION AND ASSOCIATED CAR PARKING; CREATION OF AN ACCESS TO A ROAD ZONE CATEGORY 1; AND DISPLAY OF ADVERTISING SIGNAGE

13

2.2 141 DON STREET, BENDIGO 3550 - USE AND DEVELOPMENT OF LAND FOR A MEDICAL CENTRE - AMENDED PERMIT & PLANS - (AMEND CONDITION 7 TO INCREASE NUMBER OF PRACTITIONERS FROM 1 TO 3 AND AMEND PLANS ACCORDINGLY)

34

2.3 POTENTIAL DISPOSAL OF 49 NAPIER STREET EAGLEHAWK (POST PUBLIC HEARING OF SUBMISSIONS)

46

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3. WELLBEING AND FAIRNESS 52

3.1 SPRING GULLY MOUNTAIN BIKE TRAIL NETWORK MASTER PLAN

52

4. STRENGTHENING THE ECONOMY 59

5. ENVIRONMENTAL SUSTAINABILITY 59

6. EMBRACING OUR CULTURE AND HERITAGE 59

7. LEAD AND GOVERN FOR ALL 60

7.1 COUNCILLOR APPOINTMENTS TO COMMITTEES FOR 2018/2019

60

7.2 RECORD OF ASSEMBLIES 64

7.3 CONTRACTS AWARDED UNDER DELEGATION 71

8. URGENT BUSINESS 73

9. NOTICES OF MOTION 73

10. COUNCILLORS' REPORTS 74

11. MAYOR'S REPORT 77

12. CHIEF EXECUTIVE OFFICER'S REPORT 79

13. CONFIDENTIAL (SECTION 89) REPORTS 80

13.1 Confidential Report in accordance with Section 89(2)(d) of the Local Government Act relating to a contractual matter

80


80

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 12 December 2018

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

Cr Margaret O'Rourke Cr Jennifer Alden Cr Matt Emond Cr George Flack Cr Rod Fyffe Cr Andrea Metcalf Cr Mal Pethybridge Cr James Williams Cr Yvonne Wrigglesworth Mr Craig Niemann (Chief Executive Officer) Mr Bernie O'Sullivan (Director, Strategy and Growth) Mr Lincoln Fitzgerald (A/Director, Health and Wellbeing) Ms Debbie Wood (Director, Presentation and Assets) Mr Andrew Cooney (Director, Corporate Performance) Ms Miki Wilson (A/Manager Governance)

APOLOGIES

Ms Vicky Mason (Director, Health and Wellbeing)

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of [Community Acknowledgement section] and Public Question Time. RESOLUTION Moved Cr Fyffe, seconded Cr Flack. That Standing Orders be suspended to allow the conduct of [Community Acknowledgement section] and Public Question Time.

CARRIED

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.


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RESOLUTION Moved Cr Fyffe, seconded Cr Flack. That Standing Orders be resumed.

CARRIED


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CR WILLIAMS' REPORT

Cr Williams reported on his attendance at the following meetings and events: “The world’s most liveable region.

What a month it has been in delivering and enhancing both the regions reputation and skills in

not only delivering the world’s junior table tennis tournament at our brand new Bendigo

stadium. With 30 countries and players from every continent represented and over 100

competitors support staff and a weeklong tournament that was broadcast to the world.

Attended what will be my final Bendigo Stadium Board meeting this month. I pass on both my

thanks and best wishes to all involved in this fantastic organisation that in partnership with all

tiers of government has delivered what is a world class venue to the people of our region. As

mentioned earlier we hosted the world’s under eighteen table tennis championships.

This was beamed live back to China and Japan with many millions of viewers watching a

tournament hosted in Bendigo, live in their lounge rooms.

It is one of a number of world class venues including the recently opened Gurri Wanyarra heated

pool and the Ulumbarra theatre that continue to deliver world class entertainment and

opportunities to the people of Bendigo and our region.

The delivery of regular passenger travel from Sydney to Bendigo by Qantas is a great coup for

the region. This should attract travellers from across the region and world to provide both jobs

and opportunities for business, tourism, sport and travel within the Bendigo and surrounding

districts. It adds value in so many ways and has been a long term plan of previous council to both

grow Bendigo and enhance the liveability and access to our city. The new 1400m runway and the

enhancement of the airport precinct with sewage, power and other upgrades like safety

requirements will mean more jobs and opportunities for Bendigo. It will remain a focus for

council for some years to come.

It is delivering outcomes of this nature that makes us all proud to be associated with Bendigo

and districts and it has been through the strength and commitment of council and its many

partners including the state and federal governments that we have been able to provide

opportunities and jobs to the broader region. I have always said council is an enabler for the

people, be it liveability, jobs, access and infrastructure and it is projects like these and the new

hospital, the Calder freeway, our train links to Melbourne… “.


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DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Gov ernment Act 1989 (as amended) direct and indirect conflict of interest m ust be declared prior to debate on specific items within the minutes; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect intere sts must also include the classification of the interest (in circumstances wh ere a Councillor has made a Declaration in writing, the classification of the i nterest 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 app licable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on resi dential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interes t, must leave the meeting and remain outside the room while the matter is being c onsidered, or any vote is taken. Councillors are also encouraged to declare circumst ances where there may be a perceived conflict of interest. Cr Williams declared a conflict of interest (by close association) in the Presentation and Managing Growth Report No., 2.1 (616-618 Midland Highway Huntly – Use and Development of Land for a Service Station and Associated Car Parking; Creation of an Access to a Road Zone Category 1; and Display of Advertising Signage) as he has family members residing in close proximity to the proposed development. Cr Flack declared a conflict of interest (direct financial interest) in the Presentation and Managing Growth Report No. 2.3 (Potential Disposal of 49 Napier Street, Eaglehawk (Post Public Hearing of Submissions) as he owns and operates in the premises adjacent to this piece of land. Cr Metcalf declared a perceived conflict of interest (indirect interest because of conflicting duties) in the Presentation and Managing Growth Report No. 2.3 (Potential Disposal of 49 Napier Street, Eaglehawk (Post Public Hearing of Submissions) as she is employed by Cr Flack.


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CONFIRMATION OF MINUTES

Minutes of the Special Meeting of 20 November 2018. The following items were consider at the Special Council Meeting held on Tuesday 20 November 2018 at 6:00pm: • Election of Mayor for 2018/2019 • Congratulations to Newly Election Mayor • Response by Mayor for 2018/2019 and Report by Mayor for 2017/2018 • Response to Mayor's Report for 2017/2018 • Election of Deputy mayor for 2018/2019 • Congratulations to Newly Elected Deputy Mayor • Response by Deputy Mayor for 2018/2019 • Report by Deputy Mayor for 2017/2018 • Response to Deputy Mayor's Report for 2017/2018 • Recording of the Oath of Office by Cr Malcolm Pethybridge for Whipstick Ward

Councillor

Minutes of the Ordinary Meeting of 21 November 2018 at 6.00pm. The following items were considered at the Ordinary Council meeting held on Wednesday 21 November 2018 at 6.00pm: • Response to Petition - Request for Dog Park in Heathcote • CA 27A, CA 27E and CA 28C) CA 27A Lyell Road, Redesdale - Re-subdivision of

the Land into 3 Lots, Construction of 3 Dwellings, Creation of Carriageway Easement and the Creation and Alteration of Access to a Road in a Road Zone Category 1

• Community Grants Program - Assessment Panel Member Appointments • Greater Creative Bendigo • Council Meeting Dates 2018/2019 Mayoral Term • Finance Report Quarter One (1) • Updated Instrument of Delegation to Chief Executive Officer • Appointment of Independent Members of the Audit and Risk Committee • Record of Assemblies • Contracts Awarded Under Delegation • Section 89 Report: Confidential Contractual Matter • Section 89 Report: Confidential Contractual Matter • Section 89 Report: Confidential Contractual Matter • Section 89 Report: Confidential Contractual Matter

The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting.


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RECOMMENDATION That the Minutes of the Special Council Meeting held on Tuesday 20 November 2018 and the Ordinary Meeting of Council held on 21 November 2018, as circulated, be taken as read and confirmed. RESOLUTION Moved Cr Williams, seconded Cr Alden. That the recommendation be adopted.

CARRIED

Petitions and Joint Letters Ordinary Meeting - 12 December 2018

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1. PETITIONS AND JOINT LETTERS

1.1 PETITION: GUM TREES IN CASUARINA GARDENS (KANG AROO FLAT)

[Petitions and joint letters with ten (10) or more signatures are included in the agenda or tabled at the meeting, unless there is a separate legal process for considering the petition or joint letter, as there is for planning submissions or submissions following public notices (Section 223 LGA)]. The following petition has been received from residents in the Casuarina Gardens area in Kangaroo Flat regarding the gum trees in the vicinity of the Gardens: "We are petitioning for the removal of said gum trees, considering them to be a

fire hazard. This estate is mostly made up of older citizens who will be stressed about the

amount of mess that comes from gum trees being to close to residences. We do not understand why our council would allow gums to be lining our streets.

If we lived on a farm, we would never plant gum trees so close to our houses because of the obvious fire risk. This would also be the advice we would get from the fire services. So why would council put our lives and homes at risk of fire.

We are hoping that someone will listen to us. We have moved to this lovely new

estate and really do not want to spend the rest of our lives cleaning gutters, paths and gardens from the mess the gums will make. Not to mention the worry that comes with gums and fire.

As the rate payers of these properties we feel we should have some say about the

trees placed in front of our homes. We have built low maintenance properties because for the majority of us, our age.

Now we have high maintenance trees in terms of clean up and fire danger. We sincerely hope that we will be heard and common sense will prevail". Signatures - 21

Petitions and Joint Letters Ordinary Meeting - 12 December 2018

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RECOMMENDATION

That the petition be received and a response be prepared within two (2) meetings.

~~~~~~~~~~~~~~~~~~~~~~~~~ RESOLUTION Moved Cr Emond, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018

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2. PRESENTATION AND MANAGING GROWTH

2.1 616-618 MIDLAND HIGHWAY, HUNTLY 3551 - USE AND DEVELOPMENT OF LAND FOR A SERVICE STATION AND ASSOCIATED CAR PARKING; CREATION OF AN ACCESS TO A ROAD ZONE CATEGORY 1; AND DISPLAY OF ADVERTISING SIGNAGE

Document Information

Author Grace Paisley, Planner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Summary/Purpose

Application details: Use and development of land for a service station and associated car parking; creation of an access to a Road Zone Category 1; and display of advertising signage

Application No: DC/794/2017

Applicant: GD Design Consultants Pty Ltd

Land: 616-618 Midland Highway, HUNTLY 3551

Zoning: Commercial 1 Zone Road Zone 1

Overlays: Nil

No. of objections: 34

Consultation meeting:

12 June 2018

Key considerations: • Whether the proposal is consistent with the Greater Bendigo Planning Scheme.

• Will the proposal result in unacceptable traffic issues? • Does the proposal pose unacceptable, off-site amenity

impacts? • Is the design of the proposed buildings and signage

acceptable?

Conclusion: The proposed use and development is an acceptable outcome with regards to the relevant Planning Scheme provisions and is recommended for approval.


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to issue a Notice of Decision to Grant a Permit for the use and development of land for a service station and associated car parking; creation of an access to a Road Zone Category 1; and display of advertising signage at 616-618 Midland Highway, HUNTLY 3551 subject to the conditions at the end of this report: Cr Williams declared a conflict of interest (by clo se association) in the Presentation and Managing Growth Report No., 2.1 (6 16-618 Midland Highway Huntly – Use and Development of Land for a Service Station and Associated Car Parking; Creation of an Access to a Road Zone Categ ory 1; and Display of Advertising Signage) as he has family members resid ing in close proximity to the proposed development. Cr Williams left the meeting. RESOLUTION Moved Cr Pethybridge, Seconded Cr Flack. That the recommendation be adopted.

CARRIED Cr Williams returned to the meeting.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021

Goal 4: Presentation and managing growth • Planning, developments and infrastructure that increase our liveability and pride in

where we live.

Goal 6: Embracing our culture and heritage • Recognise and celebrate our unique history and diverse cultures.


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Report

Subject Site and Surrounds

The subject site is located on the south eastern side of the Midland Highway, is rectangular in shape with an overall area of 2,024sqm (made up of two 1,012sqm parcels). The land is vacant and cleared of all vegetation. The site has road abuttals on three sides with a frontage of 40.24m onto Midland Highway, 50.29m onto Burgoyne Street and 40.24m onto Greene Street. It is located within the Commercial 1 Zone. Land within the General Residential Zone is located to the south east. The lot immediately opposite the site on Greene Street is currently vacant. To the north east, the site is adjoined by Council land within the Public Use Zone, which contains the former Huntly Shire chambers. The site is located within the centre of the Huntly commercial area with the Huntly Bakery, IGA and other retail premises located on the opposite side of the Midland Highway.

Figure 1 : Aerial map showing subject site.


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Figure 2 : Location map showing subject site. Objectors’ properties marked with a star, noting there are additional objections which are not located on the map. Proposal

Use The proposal details the use of the site for a service station and associated convenience store. The use will operate seven days per week through the hours of 6am to 10pm. Development The proposed layout will see the construction of a 100.1sqm canopy, under which two sets of truck bowsers will be located close to the north eastern boundary. This canopy will be 13.09m from the south eastern boundary and 1m from the north eastern boundary. The canopy will have an overall height of 5.7m. A larger canopy (374.44sqm) will also be constructed, under which six sets of bowsers will be located. The canopy will be setback 6.83m from the north western boundary and 4.425m from the south western boundary. The canopy will have an overall height of 5.7m. A 240sqm convenience shop will be constructed 3m from the south western boundary and 6.7m from the south eastern boundary. The building will have an overall height of 3.67m and a simple rectangular form. The loading bay and outdoor storage areas will be located at the rear of the building.


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The layout dictates that vehicles will enter from Midland Highway (south bound traffic only) and via an entry and exit on Burgoyne Street. An exit only crossover is proposed onto Greene Street which will be right turn only and dedicated for use primarily by heavy vehicles. Eight car spaces are proposed along the frontage of the convenience shop building. Signage Signage will take the form of an 8 metre high, internally illuminated pylon style sign displaying the service station branding and the fuel prices, along with signage to the canopies and convenience shop facades. The majority of the signage will be the company corporate colours of blue and red. Altered Access to the Road Zone The proposal creates a crossover onto Midland Highway. This results in the relocation of an existing street tree and bus stop to further north on Midland Highway.

Figure 3: Proposed site plan.


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Figure 4: Proposed elevations.

Figure 5: Proposed elevations.

Planning Controls - Greater Bendigo Planning Scheme

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

• Clause 11 Settlement • Clause 11.01-1R Settlement – Loddon Mallee South • Clause 11.03-1S Activity centres • Clause 13.03-6S Regional and local places • Clause 13.05-1S Noise abatement • Clause 13.06-1S Air quality management • Clause 13.07-1S Land use compatibility • Clause 15 Built environment and heritage • Clause 15.01-1S Urban Design • Clause 15.01-2S Building design • Clause 17 Economic development • Clause 17.01-1S Diversified economy


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• Clause 17.02-1S Business Municipal Strategic Statement

• Clause 21.04 Strategic Directions • Clause 21.05 Compact Greater Bendigo • Clause 21.07 Economic Development • Clause 21.10 Reference documents Local Planning Policies

• Clause 22.08 Highway Entrances and Boulevards Policy • Clause 22.29 Advertising and Signage Policy Other Provisions

• Clause 34.01 Commercial 1 Zone • Clause 52.05 Signs • Clause 52.06 Car parking • Clause 52.29 Land adjacent to a Road Zone, Category 1 • Clause 65 Decision Guidelines • Clause 71.02-3 Integrated decision making

Consultation/Communication

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

Referral Comment

VicRoads No objection subject to conditions

Public Transport Victoria No objection subject to conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Heritage No objection

Parks and Open Space No objection subject to conditions

Environmental Health No objection subject to notes

Regional Sustainable Development

Concerns raised over consistency with the Greater Bendigo Public Space Plan

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers.


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As a result of advertising, 34 objections were received, with the grounds of objection being:

• Commercial advantage and impacts on the existing businesses

• Amenity impacts including noise, light spill and fumes

• Traffic and parking

• Access onto local roads

• Suitability of the site for a service station, noting the majority of the objections did not oppose a service station in Huntly but did oppose a service station on this site

• Impact on adjoining heritage buildings

• Size and scale of the development

• Impact on future development in Huntly

• Impact on the feel, activity and character of the area

• Pedestrian safety

• Consistency with the Huntly Township Plan

• Crime

• Impact on the draft Public Space Plan

• Stormwater

The Planning and Environment Act 1987 provides the legislative framework for considering the objection of any person to the granting of a permit. There are two sections which are relevant to the objections received. Section 57 (2) of the Act requires an objector to state how they would be affected by the granting of the permit and Section 57 (2A) of the Act enables the responsible authority to reject an objection that it considers to have been made primarily to secure or maintain a direct or indirect commercial advantage for the objector. Some of the objections received do not state how the objector would be affected by the granting of a permit and focus on the viability of the existing businesses in Huntly. As per the legislative requirements, the impact of the proposal on the viability of existing businesses in Huntly has not been considered as part this assessment. The objections are discussed further below.

Planning Assessment

What are the strategic commercial and economic considerations? The Commercial Land and Activity Centre Strategy (CLACS), was adopted as a key strategy by Council in 2016. CLACS has established an activity centre hierarchy for Greater Bendigo which identifies Huntly as a future activity centre. The role and function of an activity centre is to provide economic, social and some civic activities, together with goods and services to meet the daily and weekly needs of their suburban catchments.


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Clause 21.07 Economic Development incorporates the findings of CLACS and has a number of relevant key objectives and strategies. A key objective is to support the development of a network of activity centres that satisfy a range of retail, commercial, community and residential needs which are responsive to market demand. A key strategy is facilitating the development of new activity centres in Maiden Gully and Huntly, where and when there is sufficient catchment to support new centres. CLACS is silent on the demand for service stations but it does broadly support a mix of land uses and non-retail employment in the activity centres. The principle of supporting the use of the land for a service station is appropriate within the wider expansion of the Huntly activity centre as the proposal would provide employment and service the activity centre and surrounding catchment. The Northern Corridor and Huntly Local Structure Plan 2005 proposes solutions that address issues relevant to the future physical and functional development of the area. The structure plan acknowledges the need for services such as a service station in Huntly, however, states the following: “It will be important to ensure that the siting and design of development seeks to build on a village image and complement the rural environment of Huntly. For example, a suitable location for a petrol filling station would be on the western side of the highway between Leans Road and Burgoyne Street, not in the centre of the town, whereas a well-designed motel (non retail land use) may be a suitable use of vacant land on the north east corner of Burgoyne Street and the highway”. The structure plan identifies that the subject site should provide for active frontages both to Midland Highway and Burgoyne Street, however no work has been completed to introduce design controls to the site. The Huntly Township Plan 2009 provides a strategic framework for the future development of Huntly and supports the implementation of a range of actions identified in the Northern Corridor and Huntly Local Structure Plan 2005. The township plan identifies the vision for Huntly as follows: “To retain the bushland character, environmental assets and village setting of Huntly by: integrating the forest and ecological values into a range of lifestyle opportunities; improving the accessibility and amenity of the town centre and new local services through enhanced pedestrian and cycling linkages and reinforcing the existing built form; encouraging ecologically sustainable development that is connected and resilient; and, promoting development that takes advantage of public transport” The township plan is relatively silent on the future use of the site, unlike the structure plan and it should be noted that there is nothing within the implementation plan for the township plan which relates to any kind of urban design framework for the subject site that would assist in achieving the above vision for Huntly and the subject site.


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The structure plan and township plan are only reference documents within the Planning Scheme. Reference documents do not have the same status or carry the same weight in decision making as incorporated documents. As reference documents do not form part of the Planning Scheme, limited weight can be placed on them in assessing this application. Whilst it is accepted that the proposal is at odds with parts of the above strategic work, it is argued that the proposal is generally in accordance with the vision for Huntly. The proposal will enhance economic activity in an activity centre which has experienced rapid residential growth in recent years. Additional street tree planting and the proposed landscaping on all boundaries and internally will assist in minimising the impact on the bushland character vision for Huntly. The proposal will also assist with the pedestrian linkages outlined in the vision, with conditions requiring the applicant to construct a footpath along the Burgoyne Street frontage. Although the structure plan states a petrol station should not be located within the town centre, the subject site is large, unconstrained in regards to vegetation, heritage, inundation or topography and is located on a corner which reduces the number of sensitive interfaces. The subject site is zoned for commercial use and development and is located within the identified activity node for Huntly (as per the township plan). The site also abuts an arterial road that carries traffic levels that reduce the amenity of the area. The referral response from the Regional Sustainable Development Unit raised concerns over the proposal being located within the designated Huntly Town Centre and consistency with the Council adopted Greater Bendigo Public Space Plan 2018 (GBPSP), noting the site adjacent to the subject site is identified as a future town square. Concerns were raised around whether the service station would complement the town square setting and a more desirable outcome would be for commercial development on the site to address and interact with the proposed town square. While it is accepted that this would be a desired outcome, the strategy is not a reference or incorporated document within the Planning Scheme and the adjoining site is presently vacant grassland. It is not fair or reasonable to refuse a planning permit application based on the strategy, which has little weight in the Planning Scheme. The proposal includes a standard timber paling fence along the north eastern boundary (adjoining the proposed, future town square) and includes a metal and timber fence along the south eastern boundary (adjoining residential land) to assist in minimising the visual impact of the development on adjoining residential land. As the GBPSP identifies the adjoining site as being utilised as some form of open space/town square and the adjoining site also contains significant heritage buildings, it is considered acceptable to require the applicant to continue the feature fence along this boundary through a condition on the permit. The articulation of the fence will aid in reducing the visual bulk and dominance of the fence. A number of the objections stated that although there is a need for a service station in Huntly, the subject site is not the correct site and the site would be better utilised for an alternative land use such as a doctor’s surgery or chemist.


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Whilst it could be debated whether there are other land uses that may better serve the community's needs and better utilise the subject site, a decision must be made on the proposal submitted and there is no sound justification to refuse the proposal on strategic grounds when it is an acceptable planning outcome with regards to built form, amenity impacts, traffic and parking. Furthermore, the Scheme does not enable a proposal to be refused because an alternative use may or may not be available. If it is permitted by the Scheme and a permit can be granted, the application must be assessed on its merits. Would the proposal be an acceptable urban design outcome? Planning policy through Clause 15.01-1S Urban design has the objective to create urban environments that are safe, healthy, functional, enjoyable and that contribute to a sense of place and cultural identity. It is accepted that it would be desirable from an urban design aspect to have the built form fronting Midland Highway, however a service station has operational requirements that require its buildings to be different to a typical commercial development. Trucks and cars need large turning circles for convenience and safety, the canopy needs to be relatively large and high for weather protection, and the convenience store has its own operational requirements. The business also needs advertising that is visible to the street. Although active frontages have not been provided, the applicant has designed the proposal to ensure the layout is functional, whilst also ensuring the amenity impacts on adjoining land uses are minimised. If the built form was to front directly onto Midland Highway, there would be a significant increase in the potential off-site amenity impacts as the bowsers and vehicle movements would be located closer to the residential land uses. As per Clause 71.02-3 Integrated decision making, the responsible authority should endeavour to integrate a range of relevant planning policies such as policy surrounding urban design and amenity impacts. In terms of safety, no fencing is proposed along the Midland Highway and Burgoyne Street frontages to ensure surveillance and sight lines throughout the development. Despite the large setback required for functional reasons, the convenience shop has been designed to face Midland Highway, to assist in natural surveillance. The proposal has avoided wide building frontages and blank walls facing the commercial centre whilst also ensuring the development is well screened and has minimal impact on the residential development to the rear. Based on the nature of the use, the proposal is an appropriate urban design outcome. Traffic impacts of the proposal The applicant submitted a Traffic Impact Assessment Report (TIAR) which was referred for comment to both VicRoads and the City’s Traffic Engineer.


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VicRoads had some initial concerns that the TIAR was not completed by a VicRoads pre-qualified consultant and regarding the entry and egress onto Midland Highway. An amended TIAR and amended plans were submitted to address the concerns raised by VicRoads. VicRoads concluded that the proposal would not result in an unacceptable impact on the road network, subject to a single point of access from the Midland Highway to the subject site and the construction of a left turn treatment. A number of other works will also be required, including a double barrier line on the Midland Highway and relocation of the existing bus stop. Due to the requirements of VicRoads, the proposal has been designed in such a manner that directs many of the vehicle movements onto the local roads. One of the limitations of the site is that the size and road frontage does not allow for efficient, practical heavy vehicle movements in and out of the site to Midland Highway, hence the need for the Greene Street egress point. Signage will be placed at the Greene Street exit advising that the crossover is for egress only and right turn only to minimise the heavy vehicle movements down Greene Street. The Traffic Impact Assessment Report was also referred to the City's Traffic Engineer who consented to the granting of a permit subject to the widening of Greene Street to allow sufficient room for vehicle turning movements. A number of the objectors raised concerns over vehicles utilising the local roads and issues this poses in regards to pedestrian safety, congestion and amenity impacts. The TIAR and the comments from VicRoads and the City’s Traffic Engineer confirm that the proposal will not result in an unreasonable impact on the road network. A condition will be included on the permit requiring a footpath along Burgoyne Street to aid in pedestrian safety and the application has been amended to change the operating hours from 24 hours to 6am – 10 pm. This will ensure the adjoining residential land is not unreasonably impacted. It is accepted that there will be some off-site amenity impacts from the proposal, however the site is located within a commercial zone and the impacts have been minimised to an acceptable level. The TIAR estimated the trip generation at the service station will be 64 trips per hour. When divided into entry and exit trips this results in 32 exit trips per hour. The 32 exit trips would then be distributed based on the type of customer as follows:

• Customers purchasing only fuel or who are also visiting the convenience shop will likely park at the pumps and therefore exit via Burgoyne Street;

• Customers who are only visiting the convenience shop will likely park at the car spaces at the shop frontage and therefore will exit the site via Burgoyne Street;

• Heavy vehicles using the vehicle fuel pumps will exit via Greene Street. Considering the total number of exit trips per hour is only 32 and the majority of these will be via the Burgoyne Street exit, the impact on the adjoining residential land uses is not considered to be unreasonable. Based on the TIAR and the comments from VicRoads and the City’s Traffic Engineer it is considered the proposal will not have an unacceptable impact on the road network.


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In regards to car parking, Table 1 to Clause 52.06 does not specify a car parking requirement for a service station, therefore the car parking is considered satisfactory. The proposal includes 8 car spaces in front of the convenience shop building. Considering vehicles will predominately be parked at the bowsers, this is considered ample to accommodate any vehicles which may not be refuelling. Amenity impacts of the proposal Clause 34.01-2 states that a use must not detrimentally affect the amenity of the neighbourhood, including through transport of goods and emission of noise amongst other matters. This development has an interface with residentially zoned land to the south east. The proposal has been designed to minimise any potential offsite impacts onto the residentially zoned land by incorporating the following:

• A single storey built form with a setback of 7m from the boundary. The built form has also been located at the south eastern side of the lot to assist in blocking light spill and noise from vehicles.

• A 2m high timber and metal fence on the boundary adjoining the residential land, rather than a solid timber fence.

• A 1m – 3m wide landscaping strip along all boundaries. • Reduced operating hours from 24 hours to 6am – 10pm.

Due to the requirements of VicRoads, trucks are required to exit the site via Greene Street. The exit will be no left turn directing traffic back onto the Midland Highway via Burgoyne Street. It is accepted that there will be offsite impacts from the use of Greene Street including noise and light spill from vehicle headlights however based on the number of dwellings in proximity to the development and their setbacks (closest dwelling on Greene Street is setback approximately 25m from the street and approximately 60m from the subject site), the proposed operating hours and that the site is within a commercial zone, this is considered acceptable. Conditions will be placed on the permit stating that there must not be any direct light emissions from the property boundary to another, adjoining or opposite property. Conditions will also be placed on the permit requiring the lighting be turned off to the minimum amount necessary to maintain security on site when the site is not operating. In regards to fumes, any new service station must comply with the relevant guidelines for odour emissions set by the EPA. These standalone rules sit outside the scope of the Planning Scheme. Is the proposed level of signage acceptable? Clause 52.05 Signs sets out the decision guidelines that must be considered in the assessment of signage. Of particular relevance to this proposal is the impact of the signage on the character of the area and the need to avoid visual clutter. In addition to Clause 52.05 considerations the City has an adopted an Advertising and Signage policy at Clause 22.29.


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The majority of the proposed signage is modest and what one would expect for a commercial development of this nature. The proposal does include an 8m high pylon sign, however this is acceptable based on the height of the service station canopy and its location on an arterial road. The signage is proposed to be predominately red and blue corporate colours which will aid in minimising the visual clutter on the site.

Conclusion

The proposal has been assessed as meeting all Planning Scheme requirements and in particular is in compliance with the objectives and strategies of the Planning Policy Framework and local policies which aim to create vibrant activity centres that meet the needs of residents. The objectors' concerns are not sufficient grounds to refuse the application and while the proposal may not be the most desirable outcome for the site, the proposal is an acceptable outcome in regards to traffic and parking, built form and amenity impacts. There is no sound argument to refuse the application on strategic grounds alone and as the proposal is an acceptable outcome on all other considerations, it is recommended that a planning permit 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

• Objections

Proposed Notice of Decision Conditions

1. MODIFIED PLAN REQUIRED Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and 2 copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) A modified landscape plan in accordance with condition 3 (b) Paved path on the Burgoyne Street frontage in accordance with condition

26 (c) A 2.0m metal and timber fence on the north eastern boundary to match the

south eastern boundary.

2. NO LAYOUT ALTERATION The use development permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified


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(for any reason) except with the prior written consent of the responsible authority.

3. 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 landscaping plan must be generally in accordance with the landscape plan dated 18/07/18 prepared by Human Habitats and 2 copies must be provided. The plan must show: (a) Three street trees in the Burgoyne Street frontage. (b) Additional medium sized shrubs and medium sized trees within the north

western boundary and south western boundary landscaping strips. All species selected must be to the satisfaction of the responsible authority.

4. REPLACEMENT OF STREET TREE The street tree(s) to be removed must be replaced with an advanced tree(s) (minimum of two metres high at time of planting), of a species and in a location to the satisfaction of the responsible authority.

5. 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.

6. COMPLETION OF LANDSCAPING Before the use 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.

7. HOURS OF OPERATION The use permitted must only operate between the following times; • Monday to Sunday – 6am to 10pm

8. SIGNAGE ILLUMINATION

Any signage proposed to be illuminated must only be operational for the operating hours of; • Monday to Sunday – 6am to 10pm

9. 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.

10. NO BUNTING Bunting, streamers, flags, wind vanes or similar material must not be displayed except with the prior written consent of the responsible authority.

11. MAINTENANCE OF SIGN The sign(s) permitted by this permit must be maintained in good condition to the


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satisfaction of the responsible authority.

12. BAFFLED LIGHTING External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the responsible authority. Lighting must be turned off to the minimum extent necessary to maintain security on the site outside of the designated trading hours.

13. CAR PARK CONSTRUCTION Before the occupation of the development, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be constructed to meet the following requirements and standards: (a) Properly formed to such levels that they can be used in accordance with the

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

driveways to the satisfaction of the responsible authority; (f) Provided with public lighting; (g) Provided with disabled persons parking bays where required by the Building

Code of Australia; (h) Provided with appropriate signage for one-way traffic. eg one way; no entry;

left only. (i) Any existing layback not used must be removed and barrier kerb reinstated; (j) Any existing driveway not used must be removed and the nature strip

reinstated. The car parking and access areas must comply with the requirements of clause 52.06 of the Greater Bendigo Planning Scheme and meet all other applicable Australian and New Zealand Standards unless otherwise agreed in writing with the responsible authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

14. 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 Engineering & Public Space Unit prior to any work commencing in the road reserve.

15. ROAD WORKS Prior to the commencement of development, plans must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and form part of the permit. The plans must show: (a) The intersection of Burgoyne Street and Greene Street upgraded at the full

cost to the developer to allow all vehicles, including the maximum size vehicles, to negotiate the intersection whilst maintaining a minimum 3.5


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metre wide lane for traffic travelling in the opposite direction. The plans must be to the satisfaction of the responsible authority.

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

17. PEDESTRIAN SIGHT LINES The minimum sight line for pedestrian safety must be provided at all access driveways so as to accord with Clause 52.06-9 of the Greater Bendigo Planning Scheme.

18. VICROADS CONDITIONS (a) Only a single point of access from the Midland Highway to the subject land

is permitted. This access must be located toward the north-east property boundary.

(b) Prior to the commencement of any work on the subject land, a functional layout plan must be submitted and approved by VicRoads showing (but not limited to) the following: • A single point of entry from the subject land located at the north-east

property boundary. This access must be reinforced with 2 x No Entry signs on either side of the crossover facing away from the Midland Highway;

• Removal the proposed Midland Highway egress located at the south-west property boundary;

• The removal of the redundant driveway layback on Burgoyne Street located between the Midland Highway and the proposed Burgoyne Street crossover;

• An AUL(S) left turn treatment into the subject land at the proposed access location from the Midland Highway in accordance with Austroads (2017) Guide to Road Design Part 4, Figure A 39;

• Relocation of the existing: o Bus stop on the Midland Highway toward the north-east outside of

the AUL(S) left turn treatment; o Street tree near the proposed Midland Highway access

approximately 50 metres toward the north-east (near the pedestrian operated signals);

• A double barrier line on the Midland Highway from Burgoyne Street to the end of the painted median island;

• The swept path analysis into the subject land from Midland Highway. (c) Prior to the development approved by this permit commences use:

• A Road Safety Audit must be undertaken at the detailed design stage in accordance with VicRoads’ Road Safety Audit Policy. The audit findings and the consultant’s responses to the findings must be provided to the Roads Corporation for review and approval. Any mitigating works arising out of the audit must be carried out by the applicant at no cost and to VicRoads’ satisfaction prior to the


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development coming into use. • The following road works must be completed to the satisfaction of and at

no cost to VicRoads: o Construction of the AUL(S) turn lane treatment; o Construction of all access points to the subject land from the local

and arterial road network and installation of all associated signage; o Relocation of the Midland Highway bus stop and the existing street

tree; and o Line marking of the double barrier line on the Midland Highway from

Burgoyne Street to the existing painted median island.

19. TRANSPORT FOR VICTORIA (a) The permit holder must take all reasonable steps to ensure that disruption

to bus operation along Midland Highway is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communication to Public Transport Victoria eight (8) weeks prior by telephoning 1800 800 007 or emailing [email protected]

(b) The permit holder must provide GPS co-ordinates and high-resolution photos (300dpl) capturing the arrival and departure side of the stop and include the pole, flag, timetable case and braille ID case to the satisfaction of Public Transport Victoria.

(c) The permit holder must notify PTV a minimum of 8 weeks prior to any bus stop relocation / or temporary relocation work approved under this permit. The permit holder must notify PTV by either calling 1800 800 007 or email [email protected].

(d) The existing bus stop on Midland Highway in front of the site may continue to operate during construction, however if a temporary stop in an alternative location is required, the temporary bus stop must be provided in consultation with, and to the satisfaction of Public Transport Victoria. Once the new stop is deemed suitable for operation, the existing and/or temporary stop must be removed in consultation with Public Transport Victoria.

(e) Prior to the occupation of the development all works outlined on the endorsed plans and required within Transport for Victoria’s condition must be completed to the satisfaction of Public Transport Victoria at the full cost of the permit holder.

20. 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 buildings must be maintained to the satisfaction of the responsible authority.

21. 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.


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22. NOISE CONTROL Noise levels emanating from the premises must comply with the recommended levels as set out in the guidelines for Noise from Industry in Regional Victoria (major urban centres) (which follows State Environment Protection Policy - Control of Noise from Commerce, Industry and Trade No. N-1 procedures) to the satisfaction of the responsible authority.

23. 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.

24. 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.

25. DETAILED DRAINAGE 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.

26. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the City of Greater Bendigo Infrastructure Design Manual and plans and specifications approved by the Responsible Authority and must include: (a) Underground drainage; (b) Paved path on the Burgoyne Street frontage; (c) Pavement strengthening at Greene Street exit; (d) Pavement Strengthening at Greene Street – Burgoyne Street intersection.

27. 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 & 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.

28. 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


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(c) Road Management (General) Regulations 2005 with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

29. GENERAL AMENITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality.

30. COMPLETION AND COMMENCEMENT This permit will expire if the development permitted by this permit is not completed and the use permitted by this permit is not commenced within 4 years from the date hereof or if the use is discontinued for a period of 2 years. The time within which the development must be completed and the use must commence may, on written request made before or within 12 months after the expiry of the permit, be extended by the responsible authority.

VicRoads Note: • The discharge of any concentrated drainage onto the Midland Highway road reserve

is not permitted unless approved in writing by VicRoads. • Separate ‘detailed design’ approval (fees and charges apply) and the specifications of

these are required under the Road Management Act. For the purposes of this application the works will include provision of: o Construction of an AUL(S) turn treatment and the arterial road crossover; o Relocation of a bus stop and existing street tree; and o Any other works in the arterial road reserve. Please forward details marked

attention to David Wallace on: [email protected] Further information regarding VicRoads’ consent to work within the road reserve can be found on the VicRoads Website: https://www.vicroads.vic.gov.au/business-and-industry/design-and-management/working-within-the-road-reserve or by or telephoning (03) 5434 5089. Environmental Health Note: Food Act 1984 • The food premises must be constructed and maintained in accordance with the Food

Act 1984 and the Food Standards Code. It is strongly recommended that a plan of the proposed food premises be submitted to Food & Tobacco for assessment prior to the commencement of construction and/or fit out. Information on the construction and fit-out of a food premises can be downloaded from City of Greater Bendigo webpage http://www.bendigo.vic.gov.au/Services/Food-businesses or by contacting Food & Tobacco on (03) 5434 6075.

• The food 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.


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• Coliban Water must be contacted to determine whether the food premises 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 Act 1987 • Smoking is prohibited in outdoor dining areas where food is served at hospitality and

food venues in Victoria from 1 August 2017. Venues must display appropriate ‘No smoking’ signs in these areas to raise awareness of the no smoking status.

• The sale of tobacco must be in accordance with the Tobacco Act 1987 and the correct signage is required to be displayed.

City of Greater Bendigo Engineering Note: A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Engineering Department prior to any work commencing in the road reserve.


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2.2 141 DON STREET, BENDIGO 3550 - USE AND DEVELOPM ENT OF LAND FOR A MEDICAL CENTRE - AMENDED PERMIT & PLANS - (AMEND CONDITION 7 TO INCREASE NUMBER OF PRACTITIONERS FROM 1 TO 3 AND AMEND PLANS ACCORDINGLY)


Author Chris Duckett, Planning Coordinator Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Summary/Purpose

Application details: Amendment of the permit (Use and development of land for a medical centre; reduction in the number of car parking spaces required; external painting of the roof of the existing building, demolition of an outbuilding, replacement of front fence) to allow an increase in the number of medical practitioners from 1 to 3 and amend plans accordingly.

Application No: AM/210/2017/A

Applicant: Penno Drafting & Design

Land: 141 Don Street, BENDIGO 3550

Zoning: General Residential Zone Adjoins Road Zone 1

Overlays: Heritage Overlay 111

No. of objections: 11 + petitions with total of 20 names

Consultation meeting:

No meeting held as the applicant decided to amend the application instead of participating in a meeting. This is discussed further below.

Key considerations: • Whether the increase in the number of practitioners would result in any adverse impacts, with particular regard to traffic, parking and general amenity.

Conclusion: There is no evidence that the increase in practitioners would result in adverse impacts to such a degree that the application should be refused. The proposal would therefore result in an acceptable outcome and it is recommended that an amended planning permit be granted.


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to issue a Notice of Decision to Grant an Amended Permit for the use and development of land for a medical centre; reduction in the number of car parking spaces required; external painting of the roof of the existing building, demolition of an outbuilding, replacement of front fence at 141 Don Street, BENDIGO 3550 subject to the amended conditions at the end of this report: RESOLUTION Moved Cr Metcalf, Seconded Cr Pethybridge. That the recommendation be adopted.

CARRIED

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021

Goal 4: Presentation and managing growth • Planning, developments and infrastructure that increase our liveability and pride in

where we live.

Goal 6: Embracing our culture and heritage • Recognise and celebrate our unique history and diverse cultures.

Background Information

A planning permit was approved for the use and development listed above on 21 December 2017. The medical centre will operate from 8:00am to 6:00pm, Monday to Friday and from 8:00am to 1:00pm on Saturdays. The approved medical centre was authorised to have one medical practitioner and ancillary nursing staff. This was to be regulated through the following permit condition: PRACTITIONER NUMBERS No more than 1 practitioner may operate from the medical centre at any one time.

Report

Subject Site and Surrounds

The site comprises an irregular parcel of land on the corner of Don and Mackenzie Streets. Don Street is an arterial road under the control VicRoads. Access to the site is via a single width crossover on Mackenzie Street which is a Council road.


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The site has a total area of 803m2 with a fall of approximately two metres from the rear to the front. The site was last used for residential purposes and has a single storey, inter-war, painted dwelling sited on it. Other features on the site are a shed and exotic trees in the rear garden. The shed is to be removed as part of the proposal, as is the vegetation, with the exception of a palm tree which will be retained as part of the landscaping design for the site. The surrounding area is primarily residential with single storey detached dwellings, the typical building typology. One notable exception to this residential characterisation is the Girton Grammar School campus diagonally opposite the site at 83-119 Mackenzie Street.

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

An application to amend the permit to allow an increase in the number of practitioners from 1 to 4 was submitted on 6 June 2018. Following notification of the amended application, a number of objections were received. In response to the concerns raised by local residents, the permit applicant decided to amend the application to reduce the number of consultants from 4 to 3. The original permit approved a reduction in the car parking requirements for the medical centre. This amendment seeks a further reduction in car parking from the Planning Scheme requirement on the basis of the increase in the number of practitioners.


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The parking requirement for a medical centre is as follows: • 5 spaces to the first person providing health services. • 3 spaces to every other person providing health services. This equates to a total of 11 car parking spaces required under the Planning Scheme. 4 spaces are proposed; therefore a reduction of 7 spaces is sought. The amended application also required plans to be amended to identify the increased number of consultancy rooms. As this is an amendment to an approved permit, it is only necessary to assess and make a decision on the proposed amendments rather than the whole proposal.

Figure 2 : Proposed site plan


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Figure 3 : Proposed floor plan

Planning Controls - Greater Bendigo Planning Scheme

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

• 11.01-1-R Settlement- Loddon Mallee South • 19.02-1S Health facilities Municipal Strategic Statement

• 21.05-3 Compact Greater Bendigo (10 minute neighbourhoods) Other Provisions

• 32.08 General Residential Zone • 52.06 Car parking • 65 Decision Guidelines • 71.02-3 Integrated decision-making


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

Referral Comment

VicRoads No objection subject to conditions

Traffic No objection subject to conditions


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Referral Comment

Parking In principle support given. With the following additional comments: • Any requests to introduce parking restrictions (time limits) will only

apply to parking spaces directly adjacent to the property the planning application relates to.

• It is also worth stating that the majority of all day parking in that area is currently being taken up by Girton staff and staff from other businesses close by.

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, 11 objections and petitions with a total number of 20 names were received. The grounds of objection are summarised as:

• Increase in traffic

• Traffic hazards

• Danger for school children

• Loss of privacy

• Parking

• General comings and goings of patients and staff

• Noise from traffic and people parking

• Impact of trees and shrubs (already approved)

• Council may introduce timed parking in the area

• Residents not appropriately informed of the proposal

• Area will turn into a quagmire

• Residential area becoming a business district

The issues raised in the objections are discussed in the assessment below.

Planning Assessment

What are the issues? Parking and traffic

Applications to reduce statutory car parking requirements must be considered against clause 52.06 Car parking.

As outlined above, 11 spaces are required to be provided under clause 52.06. As only 4 spaces are provided on site, an assessment must be made as to whether a reduction of 7 spaces would be an acceptable outcome.


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The applicant has engaged a qualified traffic engineer to provide a car parking demand assessment as required under 52.06. Some of the main points in the assessment are: • A peak parking demand of 3 staff spaces (long-term) and 4-8 patient related spaces

at times throughout the day could occur. • This equates to an on-street parking demand ranging between 3 car spaces to an

upper limit of 7 car spaces throughout a typical day. • The site is well serviced by public transport, bicycle and pedestrian facilities. • 22 vacant car parking spaces (10 in Don Street and 12 in Mackenzie Street) were

available to absorb the short-term demands. The objectors have raised concerns that parking in the area is severely limited and this proposal will cause congestion. It is accepted that there is some existing demand for on-street parking in the area, partly created by Girton Grammar. However, the empirical evidence provided by the applicant’s traffic engineer is that there is sufficient capacity to accommodate the anticipated maximum demand of 7 spaces at any one time. It is reasonable to assume that the practice will undertake measures to ensure that at least one space is made available for patients, given the lack of on-street parking in the area. Even if this does not eventuate it is likely that patients will either park and walk to the practice or use alternative means of transport. The use of alternative means of transport to motor vehicles is encouraged in the Planning Scheme and a key part of the City’s vision for a more compact Greater Bendigo. Moreover, clause 21.05-3 encourages the reduction of car parking requirements where sites are highly accessible and attractive and where pedestrian and cycling infrastructure is provided. In the VCAT decision, Turner v Greater Bendigo CC [2018] VCAT 1198, for a place of assembly at the Sacred Heart Cathedral site (Aspire project), the Tribunal put forward an opinion, that supported the proposition that visitors may choose not to use their cars and commented as follows:

120 Even if I am wrong and most patrons drive, and the demand for parking spaces exceeds the available supply on the mornings of business weekdays, I am not persuaded that the residents living near the site will be adversely affected to an unreasonable degree.

121 Most of the nearby dwellings have their own crossover, driveway and the capacity to park several cars on their properties. The occupiers and visitors to the dwellings will be able to continue to park on their properties. Most residential visitors arrive at night and on the weekends when parking is not a problem.

This site is roughly 400m from the cathedral and therefore is subject to similar parking constraints. Nearby dwellings also generally have parking facilities and visitors to those dwellings would also mostly likely be in the evening and at weekends when there is greater parking availability. It is also noted that the parking demand for the place of assembly was 41 spaces and therefore 4 times the demand for this medical centre. Even if all staff and patrons travel to the centre by car, it seems highly unlikely that the use would exceed the available car parking capacity and it would therefore be unreasonable to refuse the application on that basis.


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Concerns raised about the safety of students resulting from congestion can be managed through appropriate permit conditions. The access to the site will be required to have visibility splays to ensure that pedestrians are in full view when vehicles exit the site. One objector has commented that this is yet another waiver of statutory car parks. In response to this, officers say that each application for car parking reduction is considered on its merits against Planning Scheme guidelines. As outlined in the Aspire decision, contemporary planning in inner city areas is moving away from the approach of accommodating the demand for cars toward policies that look to suppress the demand for car parking. Approval of this waiver would be consistent with the Planning Scheme policies in this regard. It is also of relevance to note that the City is aware of ongoing community concerns regarding parking pressures and a parking trial was undertaken in the area around the Cathedral and Girton Grammar in January 2018. Furthermore, the City is undertaking a review of the existing CBD Parking Strategy which will include this area. Residents will have the opportunity to provide input into this review in due course. It has also been commented that disabled car parking has not been provided, whereas in fact a disabled space is shown as one of the four on-site spaces. Officers have considered local residents’ parking and traffic concerns and the applicant’s car parking demand assessment alongside the relevant decision guidelines in clause 52.06 and concluded that the proposal meets the purpose of this clause. Noise and disturbance Medical clinics in residential zones can result in some modest noise and disturbance in terms of the comings and goings of patients. However this would be limited to hours during the day; 8am to 6pm Monday to Friday and 8am to 1pm on Saturdays. Any noise arising is unlikely to reach nuisance levels over and above typical noise in the area which includes traffic noise from Don Street. Threat of timed parking Any proposal to introduce timed parking in this or any other area of the municipality would be taken in isolation from the planning process and be subject to consultation with affected properties. Residential area becoming a business district A medical centre is an acceptable use in a residential area. Moreover, if it were not for the car parking reduction component of this application, a permit would not be required for a medical centre of this size in this location. Rubbish It is unclear why the objector considers that rubbish will be an issue. A medical centre typically does not generate significant amounts of rubbish and there are legal requirements set by the EPA that regulate the disposal of clinical waste.


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Loss of privacy It is unclear how the increase in the number of practitioners would result in a loss of privacy. Impact of trees and shrubs (already approved) The trees and shrubs shown on the plan have already been approved as part of the original permit. Residents not appropriately informed of the proposal 7 adjoining and nearby owners and occupiers of properties were given direct written notification of the proposal. A notice was also displayed on site for 14 days. Area will turn into a quagmire. It is unclear what this concern relates to.

Conclusion

It is clear from the number of objections received that local residents have strong feelings about parking and other related matters arising from the proposal to amend the permit. However, as outlined above, a professionally prepared report by a traffic engineer has demonstrated that the surrounding streets have the capacity to accommodate the minor shortfall in the parking demand that cannot be met on site. Moreover, these spaces can be accommodated without impacting on traffic safety or residential amenity. It can be concluded therefore that this proposal is in general accordance with the relevant Planning Scheme provisions and that a Notice of Decision to amend the permit should be issued.

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

• Objections • Car parking assessment

Proposed Notice of Decision Conditions 1. MODIFIED PLAN

Before the use and development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of


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the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to include: (a) Amended landscaping plan to accord with condition 3. (b) A Tree Management Plan in accordance with condition 6. (c) Amended elevations to provide:

i. Vertical window mullions for the infilled porch, located at the point where the existing sill curves down and;

ii. Locate the window head just below the protruding string course at the base of the lintel and design infill panel above to compliment the string course.

2. NO ALTERATION TO LAYOUT

The development and/or use(s) 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.

3. LANDSCAPING PLAN Prior to the commencement of the development a landscape plan must be submitted to and approved by the Responsible Authority. The plan must be generally in accordance with drawing number R17-024 but modified to include: (a) A material for the pathway to delineate it from the access and car park. (b) Landscape notes included on the Landscape Plan in relation to soil

preparation, irrigation of planting beds and the provision of a water tank to support the sustainable maintenance of the landscaping.

(c) The botanical name, common name, quantity, average size at maturity and intended pot size for each plant species in the Plant Schedule of the Landscape Plan.

(d) A note on the Landscape Plan specifying that all planted areas will to be mulched to a minimum 75 mm thickness using an appropriate timber species.

(e) Edging around all garden beds utilising products which can include treated pine, recycled plastic, moulded concrete, brick edging or stone.

4. 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.

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. TREE MANAGEMENT (a) Prior to commencement of the development the Developer must prepare

and implement a Tree Management Plan conforming to Australian Standard AS4970-2009 Protection of trees on development sites. The Tree Management Plan must be submitted to and endorsed by the responsible


PAGE 44

authority.

7. PRACTITIONER NUMBERS No more than 3 practitioners may operate from the medical centre at any one time.

8. 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 Friday 8am to 6pm • Saturdays 8am to 1pm

9. 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 Engineering & Public Space Unit prior to any work commencing in the road reserve.

10. CAR PARK CONSTRUCTION Before the occupation of the development, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be constructed to meet the following requirements and standards: (a) Properly formed to such levels that they can be used in accordance with the

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

driveways to the satisfaction of the responsible authority; (f) Provided with lighting; (g) Provided with disabled persons parking bays where required by the Building

Code of Australia; The car parking and access areas must comply with the requirements of clause 52.06 of the Greater Bendigo Planning Scheme and meet all other applicable Australian and New Zealand Standards unless otherwise agreed in writing with the responsible authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

11. 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.

12. CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with;

• The Road Management Act 2004,


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• Road Management (Works and 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.

13. EXPIRY OF PERMIT This permit will expire if the development permitted by the this permit is not completed within 2 years from the date hereof. The time within which the development must be completed may be extended, on written request to the responsible authority, before or within 6 months after the expiry of this permit where the development has not yet started or 12 months where the development has commenced.


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2.3 POTENTIAL DISPOSAL OF 49 NAPIER STREET EAGLEHAW K (POST PUBLIC HEARING OF SUBMISSIONS)


Author Andy Walker, Manager Property Services Responsible Debbie Wood, Director Presentation and Assets Director

Purpose

Council have now completed all its requirements under Section 223 of the Local Government Act 1989 with Council having recently held a Public Hearing on Tuesday 31 July 2018 in regards to the potential disposal of 49 Napier Street, Eaglehawk. This report:

• Documents all submissions received in writing and in person during both the public notice advertising period and public hearing of submissions; and;

• Documents the outcome of the public hearing; and;

• Requests Council to make a final decision in relation to the property.

Background Council resolved that 49 Napier Street Eaglehawk is potentially surplus and a Public Notice was published on 12 May 2018 providing a period of 28 days for any person to make a submission in relation to the proposed sale. A total of 12 written submissions were received during the 28 day period. At the Ordinary Meeting of 18 July 2018 a copy of all submissions received were tabled and provided to Council for consideration. Council resolved to appoint a committee to hear all submissions at a public hearing which was conducted at 5.30pm on Tuesday 31 July 2018.


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RECOMMENDATION

That Council confirms its resolution of the 18 April 2018 to Sell 49 Napier Street, Eaglehawk on the basis that:

1. In accordance with Section 223 of the Local Government Act 1989 Council has publicly advertised the property, provided the opportunity to both receive in writing and by public hearing any and all submissions including the appointment of a committee to hear such submissions; and;

2. After consideration of all submissions by the appointed Committee, it is recommended that;

Council Resolve that 49 Napier Street Eaglehawk be:

(a) Subdivided to widen the adjoining laneway (to facilitate separate pedestrian and vehicle access);

(b) After subdivision, the above property be sold and that the Council authorise the Chief Executive Officer to sign and seal all relevant sale documents; and

(c) That following the sale of the property, the funds generated be held in the Land and Building Reserve and the net proceeds be allocated to works identified in the Eaglehawk Township Structure Plan.

Cr Flack declared a conflict of interest (direct fi nancial interest) in the Presentation and Managing Growth Report No. 2.3 (Potential Dispo sal of 49 Napier Street, Eaglehawk (Post Public Hearing of Submissions) as h e owns and operates in the premises adjacent to this piece of land. Cr Metcalf declared a perceived conflict of interes t (indirect interest because of conflicting duties) in the Presentation and Managin g Growth Report No. 2.3 (Potential Disposal of 49 Napier Street, Eaglehawk (Post Public Hearing of Submissions) as she is employed by Cr Flack. Crs Flack and Metcalf left the meeting.


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RESOLUTION Moved Cr Williams, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED Crs Flack and Metcalf returned to the meeting.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Council Community Plan Reference: Goal 1 Lead and govern for all

Effective community engagement will guide well-informed, responsive decision-making and financially responsible resource allocations, which are transparent and accountable

Eaglehawk Community Facilities Audit and Needs Assessment 2014,

Eaglehawk Structure Plan 2013

Figure 12 of the plan indicates a future commercial land use for 49 Napier Street with an active frontage to Napier Street and the adjacent side laneway.

Commercial Land and Activity Centre Strategy (October 2015)

Community Engagement Policy (April 2016)

10 Year Financial Plan

Asset Management Plan - Buildings & Structure (June 2016)

Statutory and Discretionary Reserve Policy (November 2013)

Local Government Act 1989 (VIC)

REPORT

With reference to the Council Resolution of 18 April 2018, Council resolved that 49 Napier Street Eaglehawk is potentially surplus and in accordance with Section 223 of the Local Government Act 1989, the property was advertised by Public Notice in the Bendigo Advertiser on the Saturday 12 May 2018 providing the required period of 28 days (until close of business 12 June 2018) for any person to make a submission in relation to the proposed sale. A total of 12 written submissions were received during the 28 day period of which one person formally requested to be heard in person.


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At the Ordinary Meeting of 18 July 2018 a copy of all submissions received were tabled and provided to Council for consideration. Council resolved to appoint a committee of four (4) Councillors to hear all submissions at a public hearing which was conducted at 5.30pm on Tuesday 31 July 2018 in the Reception Room, Municipal Offices, 195 Lyttleton Terrace, Bendigo All persons who had made a written submission were personally written to and were provided with the opportunity to be heard in person otherwise their submissions would be ‘taken as read’ at the Public Hearing of submissions. It was again confirmed that only one individual requested to be heard in person. This report documents all submissions provided by individuals and groups during public notice advertising period. Public Hearing - Tuesday 31 July 2018 Location First Floor Reception Room, Council Offices Lyttleton Terrace, Bendigo Public Hearing of Submissions regarding 49 Napier Street Eaglehawk (As per Council Resolution 18 July 2018 – Appointment of Committee to hear and consider submissions received on the proposed Sale of 49 Napier Street, Eaglehawk) Committee: Councillors Present: Mayor Margret O’Rourke, Cr James Williams, Cr Rod Fyffe and Cr Andrea Metcalf. Individual Submission(s): Out of the total of 12 written submissions received who were provided with the opportunity to be heard in person, only one individual requested to be heard in person. The submitter was given the opportunity to present his reasons against the disposal of the property and he submitted the following comments for Council to consider: The submitter advised that they;

• are not opposed to selling the property but would prefer if council undertook some further research or planning with current business owners and possible developers to identify what the longer term development may look like into the future before placing it on the market.

• believed that this property (along with other properties facing both Napier Street and Victoria Street) could be better considered as part of an overall development strategy.

• are concerned that the current precinct was not offering enough to local residents and that they were using or visiting shopping centres at Epsom or similar. This would be an opportunity to plan for this in the short term.

• wished to highlight the fact that parking requirements for now and into the future could be better informed as part of this process.


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• supported the widening of the lane way to make it a much more safer and practical link.

Further advice to Councillors After the hearing of the submission, Councillors requested a follow up meeting on the Eaglehawk structure plan with nominated Councillors. The meeting was undertaken on Wednesday 8 August 2018. Upon the completion of this meeting the nominated Councillors were comfortable with the recommendation to go ahead with the sale. Public Hearing Committee Conclusions and Recommendation The Committee acknowledged and thanked the individual for his research and comments for the possible future development of that precinct. It was acknowledged that the parking was mentioned frequently through the public process but all Councillors present believe that parking is not an issue and that parking spaces are readily available. For future parking requirements this would be considered as further development of the precinct proceeds. All the Councillors also acknowledged that previous work and engagement had been undertaken with the community including business owners and the selling of this property was supported throughout that process. Any further longer term development of the precinct can and will still take place and that selling the property will support that process into the future. That Council believe it is the correct time to place the property on the market and give the opportunity for the site to be activated and developed as per the Eaglehawk Structure plan 2013 and that the existing planning controls will support this.

Previous Council Resolutions

• Ordinary Meeting 18 July 2018 – Action Item 7.1 Potential Disposal of 49 Napier Street, Eaglehawk

That Council resolve to appoint the following committee of four (4) Councillors: • Cr Margaret O'Rourke • Cr Rod Fyffe • Cr Andrea Metcalf • Cr James Williams

to hear and consider submissions received on the proposed Sale of 49 Napier Street, Eaglehawk at a meeting open to the public at 5.30pm on Tuesday 31 July 2018 in the Reception Room, Municipal Offices, 195 Lyttleton Terrace, Bendigo.


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• Ordinary Meeting 18 April 2018 – Action Item 8.1 Potential Disposal of 49 Napier Street, Eaglehawk

1. In accordance Sell 49 Napier Street, Eaglehawk subject to Section 223 of the

Local Government Act 1989;

(a) That Council nominate three Councilors’ to hear the submissions received in relation to the sale of the above property and report back to Council;

2. If no submissions are received in relation to the proposed sale of 49 Napier Street, Eaglehawk, that Council resolve to:

(d) Subdivide the property to widen the adjoining laneway (to facilitate separate pedestrian and vehicle access);

(e) After subdivision, the above property be sold and that the Council authorise the Chief Executive Officer to sign and seal all relevant sale documents.

• Ordinary Meeting 23 March 2016 – Action Item 12.1 Potential Disposal of 49 Napier Street, Eaglehawk 1. Commence Public Engagement to seek the view of the Community in relation to

the potential disposal of 49 Napier Street, Eaglehawk.

Attachments

Nil

Wellbeing and Fairness - Reports Ordinary Meeting - 12 December 2018

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3. WELLBEING AND FAIRNESS

3.1 SPRING GULLY MOUNTAIN BIKE TRAIL NETWORK MASTER PLAN


Author Matthew Kerlin, Coordinator Strategy and Pol icy Responsible Vicky Mason, Director Health and Wellbe ing Director

Purpose

To summarise the City’s work undertaken on the Spring Gully Mountain Bike Trail Network Master Plan and for Council to consider the next stages of the project, including handing the work over to the relevant land manager and land owner.

Summary

At the Ordinary Council Meeting of 20 September 2017 Council released the draft Spring Gully Trail Network Master Plan for community feedback and comment. A number of pieces of work were undertaken as part of the development of the draft Master Plan including a biodiversity assessment and no net loss report, development of a cultural heritage management plan, economic impact assessment and cost benefit analysis. Community engagement was extended from the initial 6 weeks proposed to an 8 month period (September 2017-April 2018) in an effort to reach an agreed position, however this has not been achieved. Officers are seeking to conclude this stage of the process noting that there would be other opportunities for community engagement should the project proceed. The community engagement period highlighted that while there is strong support for mountain biking within Greater Bendigo there are a number of community organisations and community members who do not support the proposed subject site. There is further work required to resolve these issues/challenges, which largely concern the usage of the Regional Park and impact, real or perceived, that user groups have on each other. With no commitment from Parks Victoria that they would support the proposal if it was to proceed to the next stage in the process then it makes it hard for the City to recommend proceeding until Parks Victoria as the relevant Land Manager resolves these conflicts.


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RECOMMENDATION

That Council: • acknowledge the work done to date on the Spring Gully Mountain Bike Trail

Network Master Plan; • hand this work over to Parks Victoria as the relevant land manager and the

Department of Environment, Land, Water and Planning as the land owner for consideration; and

• advocate to Parks Victoria for a more active management of the site and its different user groups.

RESOLUTION Moved Cr Alden, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Community Plan Reference: City of Greater Bendigo Community Plan 2017-2021:

Goal 2 Wellbeing and Fairness

Inclusive policies, partnerships and projects that increase access, improve health and learning opportunities, by building better connections and quality of life for all.

Objective 2.2 Promote positive wellbeing across the Greater Bendigo community.

Goal 4 Presentation and Managing Growth

Planning, developments and infrastructure that increase our liveability and pride in where we live.

Objective 4.4 Keep Greater Bendigo attractive with good quality public facilities and places.

Greater Bendigo Health and Wellbeing Plan 2017-2021

• Promote healthy lifestyles – increase physical activity and decrease sedentary behaviour

• Promote environmental sustainability and resilience to a changing climate. • Facilitate supportive built and natural environments.


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Regional Strategic Plan Reference: Bendigo Region Destination Management Plan (2015) Tier 3 Project - Development of mountain bike trail system through Spring Gully Park. Loddon Mallee Regional Strategic Plan (2015-2018) Priority Areas: 1.8 Invest in tourism product, assets and related infrastructure. 3.2 Improve community health and wellbeing through strategies that promote good

health. 4.4 Maintain and build healthy places. A Guide to Healthy Parks Healthy People – Parks Victoria (March 2017) Development of the Spring Gully Mountain Bike Trail Network is consistent with the priorities outlined in Parks Victoria’s Healthy Parks Healthy People guide. These priorities include: • Build cross sector partnerships with the conservation, health, community,

education and tourism sectors to ensure that the benefits of nature and parks are recognised in policies, plans and programs, including establishing cross-sector funding support for health and wellbeing programs in parks.

• Facilitate and enable community activation programs in parks to benefit healthier ecosystems and healthier communities. This involves growing and diversifying education volunteering, and attracting under-represented groups. These groups include indigenous communities, people with a disability, culturally diverse communities, socio-economically disadvantaged groups, older people, children, youth and women.

• Progressively revitalise park infrastructure to ensure that parks offer diverse and inclusive opportunities for people to access and experience nature to improve their health and wellbeing.

• Build knowledge and evidence by working with researchers and Traditional Owners to further strengthen the knowledge and evidence for the health benefits of parks and nature.

• Grow awareness and advocacy of the benefits of healthy nature for people’s health and wellbeing and promote the universal right to access nature for health.

The City’s 2014 Active Living Census outlines that Cycling is the third most popular physical recreation activity among Greater Bendigo residents and Spring Gully, is one of the most popular locations for the activity.


Both the Spring Gully and Surrounds Recreation Plan (2014) and the Bendigo Region Destination Management Plan (2015) identified the development of mountain biking at Spring Gully as a positive for the recreation needs of the immediate area as well as assisting to develop the Bendigo region as a cycling destination.


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Supporting these recommendations Council allocated funds as part of the 2016/2017 budget for the construction of a Trailhead pavilion, pump track and skills loop on Council owned / managed land at Spring Gully, which was formally opened in August 2017. The City also allocated funds for the development of the Spring Gully Mountain Bike Trail Network Master Plan and the associated due diligence. The City, in partnership with Parks Victoria and the Bendigo Mountain Bike Club, engaged World Trail to develop the draft Spring Gully Mountain Bike Trail Network Master Plan in October 2016. The draft Master Plan was prepared over several months, with a concept developed prior to field work being undertaken to plot a proposed alignment for the trail network. Additional consultants focussing on impacts to biodiversity and cultural heritage were also engaged throughout the process, with their input used to identify no go zones, sites of sensitivity and proposed construction requirements. Remplan were engaged to provide an economic impact assessment and cost benefit analysis to further inform the project. The draft Master Plan featured a trail network approximately 52km’s long made up of 14 trails, featuring one shared-use trail, one jump trail and twelve cross country trails. With the composition of the trail network made up of:

• 9.91km (19%) existing Management Vehicle track; • 28.09km (54%) existing Mountain Bike trail; • 13.54km (26%) proposed new Mountain Bike trail • Closure of 1.45km of existing trail.

The existing 28.09km of Mountain Bike trail included in the draft Master Plan comprises of numerous sections of poorly and informally constructed trails, which would be assessed and rebuilt in line with established standards where appropriate to reduce erosion and negative environmental impacts on the subject site. The City received an endorsed Cultural Heritage Management Plan, which was lodged with the Secretary, Department of Premier and Cabinet on 23 October 2018. Previous Council Decision(s) Date(s): At the Ordinary Council Meeting of 20 September 2017 Council resolved to:

1. Release the Draft Master Plan for a period of six weeks and invite the community to review and provide comments on the plan.

2. Receive a further report summarising community feedback and seeking

endorsement of a final master plan.

Report

A number of engagement activities were undertaken in order to seek community feedback on the Draft Spring Gully Trail Network Master Plan between 20 September 2017 and April 2018. These activities are summarised in the consultation section of this report and in greater detail in Attachment 1.


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Of the submissions received, the majority were supportive of the project based on the health and wellbeing benefits to the community, potential for economic growth, desire for an improved experience and for protection of the Regional Park. There were a number of submissions which are strongly against the formalisation of trails within a Regional Park. It is the officers’ opinion that the main reason for this position is based on the principle belief that mountain bike trails should not be permitted within the Regional Park. From discussion with the submitters they have outlined that they are not against mountain bike riding, but believe it should be outside the Regional Park and preferably on private property. Key reasons for this include concerns over the impact on the habitat of the Brush Tailed Phascogale and the increasing proliferation of illegal trails within Regional and National Parks throughout Greater Bendigo. It should be noted that the Bendigo Mountain Bike Club have committed to working with Parks Victoria to rehabilitate some of these illegal trails and prevent the creation of further illegal trails. Representatives from Parks Victoria and the Department of Environment, Land, Water and Planning (DELWP) met with Council in July 2018 to discuss the project and their organisations’ respective positions and any future process requirements. As part of this discussion it was confirmed that mountain biking is permitted on formed tracks at the subject site where it does not impact on other users of the Regional Park. However, there were a number of further key issues discussed including:

• no commitment from Parks Victoria that they would support the proposal if it was to proceed to the next stage in the process;

• acknowledgement that the proposed site is of a higher environmental value than the site used for the Harcourt Mountain Bike Trail; and

• that environmental offsets could cost anywhere between $480,000 and $900,000 and there is no guarantee that these offsets would be satisfactorily sourced.

If the project progresses to the next stage the following process will be necessary: • A Planning Permit is required including referral to DELWP. This could include

further investigations if requested by DELWP. • A Development and Management Agreement (e.g. License) depending on the

proponent.

Council’s adoption of the draft Spring Gully Trail Network Master Plan endorsed the project to progress to a further stage of consideration with Council’s support but did not allow or commit Council to deliver it given the proposal relates to property which is not owned or managed by the City. The City acknowledges that mountain biking is a positive community activity and aligns well with our goal of trying to increase physical activity in the community, however we do not have any mandate to be making decisions regarding the usage of the subject site. With no commitment from Parks Victoria to support the proposal should it proceed to the next stage of the process it is recommended that the work be handed over to Parks Victoria and DELWP, as the land manager and land owner respectively, for their consideration.


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This will allow for the site specific issues, including managing the different usages of the Regional Park, to be addressed by Parks Victoria as part of their consideration of the Spring Gully Mountain Bike Trail Network Master Plan. It was made clear during the engagement that there are currently tensions between different users of the Regional Park and officers recommend that Council also advocate to Parks Victoria to work with these groups more actively. Options/Alternatives:

1. Council abandons the proposal.

2. Council acknowledges the work undertaken on the Spring Gully Trail Network Master Plan and hands this work over to the land owner (DELWP) and land manager (Parks Victoria) for consideration.

3. Council endorses the Spring Gully Trail Network Master Plan and progresses to the next stages of planning for future delivery.

Timelines: A detailed timeline of the project is included as Attachment 2 to this report.


There were a number of engagement activities included during the engagement period with the opportunity to provide comment promoted through local newspapers, social media, correspondence to community groups and a mail out to over 400 surrounding residents. The Mayor and officers met with a number of community stakeholder groups during the engagement process and a community roundtable was held in April 2018 as a result of these (minutes included as Attachment 3 to this report). The purpose of the roundtable was to facilitate a discussion with stakeholders of the proposed Spring Gully Mountain Bike Trail Network that:

• Gave stakeholders an opportunity to voice their needs and concerns • Gave community stakeholders the opportunity to ask questions of Council staff

and councillors, agencies and consultants • Allowed Council to understand the needs and concerns of each stakeholder

group. Council met with representatives from Parks Victoria and DELWP in July 2018 to discuss the project further and their organisations’ respective positions and any future process requirements.


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A summary of the community engagement, including key feedback received, is included as Attachment 1 to this report, with the full record of submissions received included as Attachment 4 to this report and listed as confidential due to the personal information contained within these.

Resource Implications

Budget Allocation in the Current Financial Year: N/A Previous Council Support: 2016/2017 Spring Gully Trailhead - $107,000 Spring Gully Mountain Bike Trail Master Plan - $89,000

• This included the Master Plan development itself, as well as due diligence work around biodiversity, cultural heritage and economic impact assessments.

External Funding Sources: In 2016/2017 the Bendigo Mountain Bike Club contributed or obtained from external sources the following amounts:

• Spring Gully Trailhead - $52,600 consisting of: o $23,600 contribution from Bendigo Mountain Bike Club o $20,000 Federal Grant o $5,000 Strathfieldsaye Community Enterprise o $2,500 Bendigo Toyota o $1,500 CVGT

• Spring Gully Mountain Bike Trail Master Plan - $9,000

Projected costs for future financial years: N/A Any ongoing recurrent expenditure required: N/A

Attachments

1. Community Engagement Summary 2. Detailed timeline of project 3. Minutes from Community Roundtable (April 2018) 4. (Confidential) Community Engagement Submissions

Strengthening the Economy Environmental Sustainability Embracing Our Culture and Heritage Ordinary Meeting - 12 December 2018

PAGE 59

4. STRENGTHENING THE ECONOMY

Nil.

5. ENVIRONMENTAL SUSTAINABILITY

Nil.

6. EMBRACING OUR CULTURE AND HERITAGE

Nil.

Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018

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7. LEAD AND GOVERN FOR ALL

7.1 COUNCILLOR APPOINTMENTS TO COMMITTEES FOR 2018/ 2019


Author Miki Wilson, Acting Manager Governance Responsible Andrew Cooney, Director Corporate Pe rformance Director

Purpose

The purpose of this report is to appoint Councillors to various Council and community committees for the 2018/2019 Mayoral Term.

RECOMMENDATION

That Council make appointments to committees as outlined in this report. RESOLUTION Moved Cr Fyffe, Seconded Cr Flack. That the recommendation be adopted.

CARRIED

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Involvement with committees provides Councillors with an opportunity for community engagement. Advisory committees to Council also have the opportunity to provide input into the strategic direction of the Council and guidance to staff working on Council initiatives.


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Community Plan Reference: City of Greater Bendigo Community Plan 2017-2021:

Goal # 1: Lead and Govern For All

Objective # Encourage community participation by citizens in the development of new strategies and policies


The appointment of Councillor representatives on council and community committees is reviewed annually. Previous Council Decision(s) Date(s): 15 November 2017

Report

Council Representatives 2018/2019 Committee Councillor

2018-19 Audit Committee Cr O'Rourke

Cr Alden Cr Flack

Bendigo / Eaglehawk Badminton and Table Tennis Stadium Committee of Management

Cr Williams

Bendigo Agricultural Show Society Cr Fyffe Cr Pethybridge

Bendigo Art Gallery Board Cr Emond Bendigo Chinese Association Museum Inc Cr Emond Bendigo Easter Festival Reference Group Cr Fyffe

Cr Pethybridge Bendigo Inventor Awards Group (as sub -committee of Be.Bendigo)

Cr Pethybridge

Bendigo Livestock Exchange Stakeholders Group

Cr Williams (Cr Pethybridge)

Bendigo Manufacturing Group (BMG) Cr Pethybridge Cr O'Rourke

Bendigo Maubisse Friendship Committee Cr O'Rourke (Cr Alden)

Bendigo Regional Archive Centre (BRAC) Committee of Management

Council Officer

Bendigo Stadium Limited Board Cr Metcalf

Bendigo Tourism Board Incorporated Cr Wrigglesworth Bendigo Trust (Bendigo Heritage Cr Fyffe


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Committee Councillor 2018-19

Attractions) Calder Highway Improvement Committee Cr Williams Central Victorian Greenhouse Alliance Cr Alden City of Gastronomy Application Management Team (internal)

Cr O'Rourke (Chair) Cr Alden Cr Emond Cr Metcalf

City of Gastronomy Application Reference and Advisory Group

Cr Alden (Chair) Cr Emond Cr Metcalf Cr O'Rourke

Cultural and Creative Industries Advisory Group

Cr Emond Cr Fyffe

Cultural Diversity and Inclusion Plan Community Reference Group (CDIP)

Cr O'Rourke Cr Pethybridge Cr Fyffe

Disability Inclusion Reference Committee (DIRC)

Cr O'Rourke Cr Flack Cr Pethybridge

Farming Advisory Committee Cr Metcalf Cr Alden Cr O'Rourke

Finance Committee All Gender Equity Working Group (Internal) and Gender Equity Coalition (External)

Cr Alden Cr Wrigglesworth

Goldfields Library Corporation Ordinary Library Board Meeting

Cr Fyffe

Heritage Advisory Committee Cr Emond Integrated Municipal Emergency Management Planning Committee

Cr Flack Cr Pethybridge

Integrated Transport and Land Use Strategy (ITLUS) Community Reference Group

Cr O'Rourke Cr Fyffe Cr Pethybridge Cr Williams

Integrated Transport and Land Use Strategy (ITLUS) Steering Committee

Cr O'Rourke (Chair) Cr Fyffe Cr Pethybridge Cr Williams

La Trobe University Ben digo Athletics Complex Committee (LUBAC)

Cr Flack

Loddon Mallee Local Government Waste Forum

Cr Metcalf

Municipal Association of Victoria (MAV) Cr Fyffe Sub rep Cr Metcalf

Municipal Fire Management Committee Cr Flack Cr Fyffe

Positive Ageing Advisory Committee

Cr Flack Cr Pethybridge


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Committee Councillor 2018-19

Rail Freight Alliance Cr Williams Rosalind Park Recreation Reserve Precinct Advisory Committee

Cr Emond Cr Metcalf

Rural Communities Committee Cr Fyffe Cr Pethybridge Cr Wrigglesworth

Sustainability and Environment Advisory Committee

Cr Alden Cr Metcalf Cr O'Rourke

Workspace Australia Board Council officer

Attachments

Nil


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7.2 RECORD OF ASSEMBLIES


Author Miki Wilson, Acting Manager Governance Responsible Andrew Cooney, Director Corporate Pe rformance Director

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.

RECOMMENDATION

That Council endorse the record of assemblies of Councillors as outlined in this report. RESOLUTION Moved Cr Fyffe, Seconded Cr Flack. That the recommendations contained in the Lead and Govern For All Report Nos. 7.2 (Record of Assemblies) and 7.2 (Contracts Awarded Under Delegation) be adopted.

CARRIED

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

City of Greater Bendigo Community Plan 2017-2021:

Goal 1 Effective community engagement will guide well informed, responsive decision-making and financially responsible resource allocations, which are transparent and accountable.


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:


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1. A planned or scheduled meeting that includes at least half the Councillors (5) and a

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

Report

Meeting Information Meeting Name/Type

Councillors' Briefing

Meeting Date 22 October 2018

Matters discussed 1. Capital Project Pipeline 2. Petition for dog park in Heathcote 3. Greening Greater Bendigo 4. Rail Projects Victoria: Bendigo-Echuca line upgrade 5. Eaglehawk Playspace 6. Bendigo Tourism Board

Attendees/Apologies

Councillors Cr Margaret O'Rourke Cr Jennifer Alden Cr Matt Emond Cr George Flack Cr Rod Fyffe Cr Andrea Metcalf Cr Yvonne Wrigglesworth Apology: Cr James Williams

Staff/ Community Representatives

Mr Craig Niemann Mr Bernie O'Sullivan Ms Vicky Mason Ms Debbie Wood Mr Andrew Cooney Mr Peter Hargreaves Apology: Mrs Jessica Clarke-Hong

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil


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Meeting Information

Meeting Name/Type


Meeting Date 1 October 2018

Matters discussed 1. Community Grants - Large 2. Bendigo Education Plan 3. Forward Agenda 4. Marong Township Structure Plan 5. GovHub

Attendees/Apologies

Councillors Cr Margaret O'Rourke Cr Jennifer Alden Cr Matt Emond Cr Rod Fyffe Cr Andrea Metcalf Cr James Williams Cr Yvonne Wrigglesworth Apology: Cr George Flack


Mr Bernie O'Sullivan Ms Vicky Mason Ms Debbie Wood Mr David Lloyd Mr Andrew Cooney Mrs Jessica Clarke-Hong Apology: Mr Craig Niemann


Matter No.


Nil


PAGE 67

Meeting Information

Meeting Name/Type


Meeting Date 5 November 2018 Matters discussed 1. Arts and Creative Industries Strategy

2. Outdoor Performing Arts Space Feasibility progress report 3. Spring Gully Mountain Bike Trail Network Masterplan 4. Belgravia Leisure Centre 5. Instrument of Delegation to the Chief Executive Officer 6. Election process for Mayor and Deputy Mayor 2018/2019

Attendees/Apologies

Councillors Cr Margaret O'Rourke Cr Jennifer Alden Cr Matt Emond Cr George Flack Cr Rod Fyffe Cr Andrea Metcalf Cr Mal Pethybridge Cr James Williams Cr Yvonne Wrigglesworth


Mr Craig Niemann Mr Bernie O'Sullivan Ms Vicky Mason Ms Debbie Wood Mr Andrew Cooney Mrs Jessica Clarke-Hong


Matter No.


Nil


PAGE 68

Meeting Information

Meeting Name/Type


Meeting Date 12 November 2018 Matters discussed 1. Planning matters and draft Ordinary Agenda review

2. Solar projects 3. Goldfields Library 4. Outdoor Performing Arts Space 5. Pre-Summer Emergency Management Briefing 6. Forward Agenda 7. Finance Committee Quarter 1 8. Election process for Mayor and Deputy Mayor 2018/2019

Attendees/Apologies



Mr Craig Niemann Mr Bernie O'Sullivan Ms Vicky Mason Ms Debbie Wood Mr Andrew Cooney Mrs Jessica Clarke-Hong


Matter No.


Nil


PAGE 69

Meeting Information

Meeting Name/Type


Meeting Date 19 November 2018 Matters discussed 1. GovHub

2. Arena Theatre briefing 3. Bendigo Art Gallery annual update 4. Budget briefing 5. Strategic land purchase

Attendees/Apologies



Mr Craig Niemann Mr Bernie O'Sullivan Ms Vicky Mason Ms Debbie Wood Mr Andrew Cooney Mrs Jessica Clarke-Hong Ms Miki Wilson


Matter No.


Nil


PAGE 70

Meeting Information

Meeting Name/Type


Meeting Date 26 November 2018 Matters discussed 1. Councillor representation on Council and community

Committees for 2018/2019

Attendees/Apologies Councillors Cr Margaret O'Rourke

Cr Jennifer Alden Cr Matt Emond Cr George Flack Cr Rod Fyffe Cr Andrea Metcalf Cr Mal Pethybridge Cr James Williams Cr Yvonne Wrigglesworth


Mr Andrew Cooney


Matter No.


Nil


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7.3 CONTRACTS AWARDED UNDER DELEGATION


Author Lee Taig, Contract Support Administrator, G overnance Unit Responsible Andrew Cooney, Director Corporate Perf ormance Director

Purpose/Summary

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

RECOMMENDATION

That the contracts awarded under delegation, as outlined in this report, be acknowledged by Council.

(refer to page 64 - recommendation adopted)

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Delivery of programs, projects and services that respond to community needs. Community Plan Reference: City of Greater Bendigo Council Plan 2017-2021 Goal 1 : Lead and govern for all Objective: 1.2 Be innovative and financially responsible

Report

Contract No Project Successful Contractor

Value (GST Excl)

Delegated Officer Date Signed

Capital Contracts

CT000414 Supply & Delivery of One (1) 130kw Motor Grader

Komatsu Australia $323,000.00 Debbie Wood 17 October 2018

CT000420 Asphalt Works on Various Roads

Boral Resources Vic Pty Ltd

$1,141,093.60 Craig Niemann 14 November 2018


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CT000401 Strathdale Community Centre Redevelopment

CO-OP Studio Pty Ltd

$130,090.00 Vicky Mason 14 November 2018

CT000421 Supply & Delivery of one (1) Suction Sweeper

Bucher Municipal $328,998.70 Debbie Wood 16 November 2018

Service Contracts

CT000412

Supply & Delivery of Approved Top Soil, Ground Cover & Special Application Materials

Panel of Suppliers • Epsom Sand and Soil Trading

Pty Ltd • Allstone Quarries Pty Ltd • Axedale Turf Pty Ltd • Coolabah Turf • DJ & JM Fitt

• StrathAyr Pty Ltd

Schedule of Rates

Debbie Wood 05 November 2018

Current annual Council Budget for the goods/services contracted via this schedule of rates is $250,000.00

CT000419

Provision of Tree Stump Removal and Reinstatement

Hickmans Pty Ltd Schedule of

Rates Debbie Wood 08 November 2018

Current annual Council Budget for the goods/services contracted via this schedule of rates is $118,000.00


PAGE 73

8. URGENT BUSINESS

Nil.

9. NOTICES OF MOTION

Nil.


PAGE 74

10. COUNCILLORS' REPORTS

Cr Alden reported on her attendance at the following meetings and events: “On another rainy day we had our Lockwood ward tour - Maiden Gully, Sedgwick, Mandurang and Spring

Gully

We didn’t need umbrellas for last Sunday’s Maiden Gully Xmas carols - 800 attendees in a whole of

community celebration.

Planning afoot for the Maiden Gully Autumn festival on April 7th next year - with support and interest

from Balgownie winery and with a tomato theme - watch this space and bring out your sauce recipes.

Capital Venues and Events launch - exciting 2019 program ahead.

We farewelled the Regional Centre for Culture activities led by producers Elizabeth Walsh and Jo Porter

and know we are well positioned to build on the legacy of this year’s creative activities

Small Works from a Big Place exhibition with Make a Change and Jumpleads a travelling fest of miniature

art works at the Bendigo train station, taking art to the community— aim of building a professional arts

marketing cooperative (Riddell’s Creek and Castlemaine) popupart.com.au/small-works/ - a great user-

friendly model.

Gallery opening of Frida Kahlo photographs saw a mariachi band and colourful celebration as we

celebrated all things Mexican

Central Victorian Greenhouse Alliance AGM - Annual Report highlights for action on climate change by 13

local governments in Central Victoria. Programs like the recently awarded $300K LM Renewable Energy

Road Map project; the integration of the More Australian Solar Homes community solar and battery bulk

buy for households and businesses, that just won Community Environment Award from Environment

Victoria, providing energy savings and a side benefit of free solar for community groups and schools;

Bendigo one of 39 councils developing a business case to enter into a Power Purchase Agreement for

renewable electricity from 2020; forums, conferences and submissions. However it is the Cool It project

that has seen significant CoGB involvement, where 9 councils have collaborated to do heat vulnerability

mapping across regional towns and cities. The project has helped councils to prioritise where to invest in

cooling initiatives such as street trees, especially in areas of high social vulnerability.

Women’s Health Loddon Mallee’s event, Eat Learn Share, showcasing violence prevention projects,

during the 16 days for the elimination of gender-based violence campaign

Healthy GREATER Bendigo Food Forum where initiatives were showcased and discussed as part of

developing the regional food strategy and further developing activities of Healthy GREATER Bendigo to

support healthy eating in the municipality

Industrial Land Development Strategy Public Forum - the first in a process that will allow for a future

focus and consideration of what is needed for council to support and attract industry, manufacturing and

business enterprises to this city.

Thinking about our Qantas success I think that our national carrier and our national women's sporting

team could perhaps work together with a marketing slogan of ‘The spirit of Australia supporting the Spirit

of Bendigo’


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"Bendigo Community Farmers market - new mid-month market in the Mall - next one Thurs 20th Dec -

Xmas special 4 - 8.

Merry Xmas to residents listening and a happy and healthy New Year”.

Cr Pethybridge reported on his attendance at the following meetings and events: • Art Exhibition at the Annie Galvin Childcare Centre • Grandparents’ Day at St Monica’s Primary School • Annual General Meeting of Bendigo Heritage Attractions • Creative Zest Exhibition at Living Arts Space • Annual General Meeting of Phoenix-FM • Year 10 Formal at Bendigo South East College • Book launch of ‘In Their Footsteps’ • St Vincent de Paul Toy Run • Opening of the Elmore Pool and Mural Artwork • ‘Eat Learn and Share’ at Eaglehawk Community House • Neighbourhood Watch Christmas Dinner • Public forum on Industrial Land Development Strategy • World Junior Table Tennis Championships • Tour of the Organics Dehydrator • TS Bendigo Awards • Huntly Memorial Hall Committee Christmas Afternoon • Tour of Bendigo Art Gallery • Industry Stakeholder Forum on Industrial Land Development • Handover of Tram 961 to Melbourne Cr Emond reported on his attendance at the following meetings and events: • King George donor thank you event at Bolton Court, Bendigo Art Gallery • Frida Kahlo, her photos exhibition at the Bendigo Art Gallery • Meetings with residents

Thank you to all community groups, sporting organisations, Greater Bendigo citizens and families for everything they have done for our community during 2018. We are only as strong as our community and we have a great community in Greater Bendigo. Wishing everyone a safe and happy Christmas and New Year.


PAGE 76

Cr Wrigglesworth report on an exciting month for tourism and outlined her attendance at the following meetings and events: • Bendigo Visitor Information Centre received the Gold Award from the RACV Tourism

Awards and a Bronze Award for Tourism in Local Government; Izzy So was also nominated for the Young Achiever Awards in Tourism

• Officially opened Creative Zest Exhibition in the Living Arts Space • Attended strategic planning day with Heathcote Tourism and Development • Attended thank you celebration for Heathcote Visitor Information Centre volunteers • Regional Centre for Culture celebrations • Farewelled staff member, Dr Lyn Talbot who gave an amazing contribution to the

rural communities throughout her time with Council • Congratulated Axedale Our Town Our Future for managing to relocate the Carols to

the Hall in record time, due to the inclement weather Cr Metcalf reported on her attendance at the following meetings and events: • Vale to John Hall from Phoenix-FM who undertook to interview Councillors when first

elected and was a greater supporter of the station • With Cr Pethybridge, attended the Annual General Meeting of Phoenix-FM • Ward Councillors attended the opening of the Elmore Swimming Pool and the 24

metre artwork/mural that reflects the Campaspe River • Attendance at the wonderful Arena Theatre Company's, Art Show Cr Flack reported on his attendance at the following meetings and events: • Heathcote Tourism and Development Strategy planning day • Heathcote Visitor Information Centre Volunteers Christmas Party • Farewell to Director of the Bendigo Art Gallery, Karen Quinlan • Banding at the Maiden Gully Carols and Marist Brass at the Sacred Heart Cathedral • Staff Christmas Breakfast at Ulumbarra • Announcement of the Bendigo to Sydney Qantas link - received nothing but positive

comments Cr Fyffe reported on his attendance at the following meetings and events: • Announcement of Qantas flights from Bendigo to Sydney; a real coup for Bendigo

and will be very well utilised by participants attending the Bendigo Writers' Festival • Launch of the Frida Kahlo photography exhibition at the Bendigo Art Gallery • 2019 Season Launch of Capital Venues and Events • Small Works from a Big Place with 130 artists participating at the Bendigo Railway

Station • Maiden Gully Carols • Bendigo Theatre Season Launch • TS Bendigo Awards • Merry Christmas to each and every one!


PAGE 77

11. MAYOR'S REPORT

The Mayor, Cr Margaret O’Rourke tabled a report on her attendance at the following meetings and events:

• Participated in the Lockwood Ward Tour

• Attended the opening of the Annie Galvin Childcare Centre Art Show

• Attend the Bendigo Diwali - the Festival of Lights Celebration with the Bendigo Indian Community

• Attended and presented a trophy to Lockwood South Primary School, with the highest participation in “Walk to School” month out of 33 local primary schools registered to participate.

• Officiated at the book launch of “In Their Footsteps” by Chris Earl – sharing stories of our ANZACs and their descendants.

• Hosted and Chaired Regional Cities Victoria (RCV) meeting and reelected as Chair

• Participated in the Heathcote Tourism Regional Strategy Day

• Officiated at the Lighting of the Christmas tree in Rosalind Park Piazza

• Officiated at the World Junior Table Tennis Championships Opening Ceremony

• Presented various awards at the World Junior Table Tennis

• Attended the celebration for Regional Centre for Culture 2018

• Officiated at the launch of the Common Ground Exhibition by Gary Vaughan at the Arnold Street Gallery.

• Attended the Loddon Campaspe Councils' Meeting hosted in Maryborough

• Attended the Bendigo Airport for the QANTAS announcement to commence flights between Bendigo and Sydney

• Welcomed Karen people of refugee background to City of Greater Bendigo

• Officiated at launch the Inclusive Towns – working with local businesses in the Bendigo City Centre to discuss disability and what businesses can do to be more inclusive

• Attended the Handover of Tram 961 – the 6th W8 Tram to be restored by Bendigo Tramways for the Melbourne City Circle route.

• Continued “Meet the Mayor” with residents

• Attended City of Gastronomy Management meeting

• Attended Audit Committee meeting

• Attended the Disability Inclusion Reference Committee meeting

• Participated in numerous workshops and forums

• Participated in numerous radio, newspaper, television media interviews and photo opportunities


PAGE 78

• Met with many residents, businesses and community groups regarding a wide range of issues.

Thank you to the Deputy Mayor and those Councillors who represented me at events I was unable to attend.


PAGE 79

12. CHIEF EXECUTIVE OFFICER'S REPORT

The Chief Executive Officer, Mr Craig Niemann, tabled a report on his attendance at the following meetings and events: • Very pleased to attend the announcement by QantasLink Chief Executive, John

Gissing that they would commence regular passenger flights between Bendigo and

Sydney on 31 March

• Attended the Annual General Meeting of Bendigo Heritage Attractions

• Participated in the Lockwood Ward Tour, visited Marist College, Maiden Gully

Community Hall, One Tree Hill, Mandurang Oval, Sedgwick Hall

• Attended meetings relating to the proposed GovHub development

• Attended a Board meeting of Bendigo Heritage Attractions

• Participated in the Walk Against Family Violence

• Attended the Regional Cities Victoria Meeting and Dinner, hosted by Greater Bendigo

City Council

• Attended a meeting of Loddon Campaspe Regional Partnership

• Attended a farewell event for Karen Quinlan, Director Bendigo Art Gallery. Karen has

now commenced as Director of the National Portrait Gallery of Australia in Canberra

• Participated in the Industrial Land Development Strategy public forum

• With the Mayor, met with Minister Jacinta Allan to provide an update on current

projects

• Attended a presentation by Ben Wurm and Danielle Haultain, Native Title Unit,

Department of Justice on the Dja Dja Wurrung Recognition and Settlement

Agreement

• Attended a meeting of the Audit and Risk Committee

• Attended a meeting of Loddon Campaspe Councils, hosted by Central Goldfields

Shire Council

• Participated in regular radio and media interviews


PAGE 80

13. CONFIDENTIAL (SECTION 89) REPORTS



RECOMMENDATION That Council close the meeting to members of the public pursuant to Section 89(2)(d) of the Local Government Act 1989 to consider reports relating to contractual matters. RESOLUTION Moved Cr Fyffe, seconded Cr Flack. That the recommendation be adopted.

CARRIED There being no further business, the meeting closed at 7:45 pm.

Confirmed:

12 December 2018 Chair