20140326 council agenda 26 march 2014

151
PAGE 1 AGENDA Ordinary Meeting of Council 6.00pm Wednesday 26 March, 2014 *** Broadcast live on Phoenix FM 106.7 *** VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo NEXT MEETING: Wednesday 16 April, 2014 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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Page 1: 20140326 council agenda 26 march 2014

PAGE 1

AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 26 March, 2014

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

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 16 April, 2014

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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PAGE 2

Council Vision

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

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

Making informed, balanced and objective decisions

Acting honestly

Taking responsible financial decisions

Ensuring good governance

Being inclusive in their activities and sharing information with others

Learning from each other

Respecting each other's undertakings

Being respectful in their interactions with others

Communicating clearly about decisions that have been made

Fulfilling their undertakings and being clear when this is not possible

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

Themes Planning for Growth

Liveability

Productivity

Sustainability

Good Governance and Decision-Making

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ORDINARY MEETING WEDNESDAY 26 MARCH 2014

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 6

PRAYER 6

CODE OF CONDUCT 6

PRESENT 6

APOLOGIES 6

SUSPENSION OF STANDING ORDERS 6

PUBLIC QUESTION TIME 6

RESUMPTION OF STANDING ORDERS 7

CR COX’S REPORT 7

DECLARATIONS OF CONFLICT OF INTEREST 8

CONFIRMATION OF MINUTES 9

1. PETITIONS AND JOINT LETTERS 10

1.1 Petition: Parking in Leslie Street, Marong 10

2. PLANNING FOR GROWTH 11

2.1 Planning Scheme Amendment C190 - Rezoning of

Land at 244 Edwards Road, Maiden Gully and Part

CA43H Parish of Marong - Consider Panel Report

and Adoption of Amendment

11

2.2 760-764 Strathfieldsaye Road, Strathfieldsaye-

Staged Subdivision of the Land into 46 Lots and the

Removal of Native Vegetation

28

2.3 224 View Street, Bendigo 3550 - Use of Land for a

Cafe, Partial Demolition, Building and Works, Waiver

of Car Parking (for Cafe)

45

2.4 9 Maynard Drive, Epsom 3551 - Construction of a

Telecommunications Facility (35 Metre Monopole)

64

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2.5 202 High Street, Kangaroo Flat 3555 - 2 Lot

Subdivision of Land and Construction of Dwelling

76

2.6 12 Lyons Street, White Hills 3550 - Amend a Permit

To Allow a 3 Lot Subdivision

89

2.7 Revised Greater Bendigo Residential Development

Strategy

98

2.8 Parking for Hospital Project 108

2.9 Response to Petition: Traffic Management Issues

around Strathfieldsaye Primary School

115

3. LIVEABILITY 121

3.1 Response to Petition: Request for Disability Access

Path between the Harcourt Street Car Park and Leo

Hartney Pavilion at Ewing Park

121

4. PRODUCTIVITY 125

5. SUSTAINABILITY 126

5.1 Waste and Resource Management Strategy 2014-

2019

126

6. GOOD GOVERNANCE AND DECISION-MAKING 132

6.1 Record of Assemblies 132

6.2 Local Government Performance Reporting

Framework

139

7. URGENT BUSINESS 145

8. NOTICES OF MOTION 146

8.1 Notice of Rescission Motion: 20 High Street, Marong

- Use and Development of Land for a Service Station

with an Above-Ground Diesel Tank and Creation of A

New Access to a Road Zone 1

146

9. COUNCILLORS' REPORTS 151

10. MAYOR'S REPORT 151

11. CHIEF EXECUTIVE OFFICER'S REPORT 151

12. CONFIDENTIAL (SECTION 89) REPORTS 151

12.1 Personnel matter and any other matter which the

Council or special committee considers would

prejudice the Council or any person

151

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12.2 Any other matter which the Council or special

committee considers would prejudice the Council or

any person

151

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

CODE OF CONDUCT

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

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

PUBLIC QUESTION TIME

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

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

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

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

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

Prosecution, summonses or any other litigation;

Most appropriately addressed by other means;

Vague, irrelevant, insulting or improper, defamatory;

Answer likely to compromise his / her position;

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

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

circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR COX’S REPORT

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DECLARATIONS OF CONFLICT OF INTEREST

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

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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 5 March, 2014. The following items were considered at the Ordinary Council meeting held on Wednesday 5 March, 2014 at 6:00pm.

Planning Scheme Amendment C160 – McIvor Forest Drive, Junortoun – Consider Panel Report and Adoption of Amendment

1161 Calder Alternative Highway, Lockwood – Use and Development of Trade Supplies and Industry (Sale, Hire, Modification and Reconditioning of Equipment), Associated Buildings and Works, Signage, Car Parking and Removal of Native Vegetation

52-54 Eaglehawk Road, Ironbark – Demolition of Building and Outbuildings

28 Skene Street, Kennington – 3-Lot Subdivision of Land and Construction of 2 Dwellings

20 High Street, Marong – Use and Development of Land for a Service Station with an Above-Ground Diesel Tank and Creation of a New Access to a Road Zone 1

Bendigo Airport – Improving Its Financial Sustainability

Response to Petition: Wolstencroft Reserve

2013 Garage Sale Trail – Evaluation

Council Plan 2013-2017 Second Quarter Report to December 2013

Trial Closure of One Tree Hill Road, Spring Gully

Councillor Conduct Panel Decision

A Response to Recommendations of a Councillor Conduct Panel

Progress Report Independent Review Implementation

Finance Report as at 31 December 2013 and Mid-Year Budget Review 2013-2014

Contracts Awarded Under Delegation

Record of Assemblies

Notice of Motion: Positive Ageing The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 5 March, 2014, as circulated, be taken as read and confirmed.

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1. PETITIONS AND JOINT LETTERS

1.1 PETITION: PARKING IN LESLIE STREET, MARONG

[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)]. A petition has been received from residents of Marong, the parents of the Marong Primary School and the Marong Early Learning Centre and the Marong Community Action Group, as outlined below: “We the undersigned request action be taken to rectify the dangerous 90 degree

angle parking in Leslie St Marong”. Signatures - 90

RECOMMENDATION

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

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2. PLANNING FOR GROWTH

2.1 PLANNING SCHEME AMENDMENT C190 - REZONING OF LAND AT 244 EDWARDS ROAD, MAIDEN GULLY AND PART CA43H PARISH OF MARONG - CONSIDER PANEL REPORT AND ADOPTION OF AMENDMENT

Document Information

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

Summary/Purpose

Amendment details: The amendment proposes to rezone approximately 125 hectares of land in Edwards Road, Maiden Gully from Farming Zone to General Residential Zone, apply the Bushfire Management Overlay and Development Plan Overlay Schedule 28, expand the Urban Growth Boundary and make other consequential changes to the Planning Scheme.

Proponent: Birchgrove Properties Pty Ltd

No. of submissions: 21 submissions (comprising 12 opposing, 5 supporting, 4 neutral)

Key issues: Accommodating population growth

Bushfire risk

Expansion of the Urban Growth Boundary

Strategic planning for Maiden Gully

Neighbourhood character and density

Traffic impacts

Vegetation protection and impacts on fauna

Servicing capacity of existing infrastructure

Public transport

S173 Agreement for developer contributions

Changes to the amendment recommended by the Panel

General Residential Zone to replace the Residential 1 Zone

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Recommendation: Council adopt Amendment C190 to the Greater Bendigo Planning Scheme, with changes as recommended by the Panel, and request Approval from the Minister for Planning and enter into a Section 173 Agreement for developer contributions.

Policy Context

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

Planning for Growth

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

Productivity

A diverse, strong and growing economy supports community resilience.

Background Information

Amendment C60 introduced the Bendigo Residential Development Strategy (2004) amongst other strategic work. The proponent made a submission to C60 in 2004 seeking to include the subject site within the Urban Growth Boundary (UGB). The C60 Panel noted that Council had the ability to consider sites for development outside the Urban Growth Boundary and recommended that Council consider the site in its review of the Maiden Gully Structure Plan. In 2012, Council resolved to commence preparation of a structure plan for the Maiden Gully North East area, but it was decided not to include the subject land within the Structure Plan as the site is not contiguous with the structure plan area and the Structure Plan was likely to require more time to resolve the planning issues. Therefore, the proponent was advised the appropriate process was to submit a separate amendment (C190) for the rezoning of the subject land. The Maiden Gully Structure Plan (2013) was approved in September 2013 and further strategic work is being undertaken to facilitate rezoning within this area. Amendment C190 received Ministerial Authorisation on 26 February 2013. The authorisation required that the amendment be tested through a panel/advisory committee process (even if no submissions were received) in order to confirm that the location is appropriate for residential development given the bushfire hazard in the wider landscape. In addition to the proposed rezoning of the land for residential purposes, the original proposal sought to rezone land known as Crown Allotments 43A, 43B, 43D, 43H and 43J Parish of Marong from Farming Zone to Public Park and Recreation Zone (See Figure 1). This part of the proposal was removed from this amendment as it is not possible to rezone land for public purposes until it is in public ownership. If Amendment C190 is approved, a separate amendment process will be undertaken to rezone this land to Public Park and Recreation Zone once the land is transferred to the City of Greater Bendigo.

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Since the Amendment was authorised and exhibited, changes have been made to the Amendment. The Minister for Planning has introduced new residential zones to replace the existing residential zones. Amendment C205 changed the Residential 1 Zone to the General Residential Zone in the Greater Bendigo Planning Scheme. This means a change to Amendment C190 is required by substituting the Residential 1 Zone with the General Residential Zone. The Forest Park Master Plan has been updated and is now dated December 2013. The Schedule number for the Development Plan Overlay to be applied has had to change from 27 to 28 due to a recent Ministerial planning scheme amendment. The key steps in the amendment process are summarised below:

Previous Council Decisions 17 October 2012 – Council resolved to request the Minister for Planning to Authorise Council to prepare Amendment C190 to the Greater Bendigo Planning Scheme and exhibit the amendment for 6 weeks. 31 July 2013 – Council resolved to request the Minister for Planning to appoint an Independent Panel to consider all submissions.

Send to Minister for Approval and Gazettal

We are at this point Council decides to Adopt or Abandon the Amendment

Council requests an Independent Panel to consider submissions

Submissions received

Public Exhibition of Amendment

Council decides whether to seek Ministerial Authorisation

Amendment prepared

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Report

The attached Explanatory Report details the purpose and effect of the amendment and provides the strategic justification for the amendment. Key issues identified in the Explanatory Report are discussed below. Land Affected by the Amendment The land affected by this amendment is:

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

Part Crown Allotment 43H Parish of Marong

Figure 1. Aerial photograph showing subject land and forested lots (marked with a star, to be transferred to Council and rezoned at a later date).

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

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What the Amendment does The amendment proposes to:

Rezone approximately 125 hectares of land at CA43C Parish of Marong, known as 244 Edwards Road, Maiden Gully, and Part CA43H Parish of Marong, from Farming Zone to General Residential Zone;

Apply the Bushfire Management Overlay to land adjoining the southern boundary of 244 Edwards Road and widen the Bushfire Management Overlay on the northern and western boundaries;

Apply a new Schedule 28 to the Development Plan Overlay over 244 Edwards Road and part CA43H;

Introduce a Native Vegetation Precinct Plan for 244 Edwards Road and part CA43H and list this in the schedule to Clause 52.16;

Amend the Urban Growth Boundary as shown in the Residential Strategic Framework Plan in the Municipal Strategic Statement;

Make consequential changes to Clauses 21.04 Strategic Directions, 21.05 Settlement, 21.06 Housing and 21.10 Reference Documents;

Amend Schedule 2 to the Vegetation Protection Overlay to include a permit exemption for the removal, destruction or lopping of vegetation if in accordance with the Native Vegetation Precinct Plan;

Amend the Schedule to Clause 61.03 to update the list of maps; and

Amend the Schedule to Clause 81.01 Incorporated Documents by inserting a new Bendigo Residential Growth Plan, 2009 (Amended 2012) and Forest Park, Maiden Gully Native Vegetation Precinct Plan, (April 2013).

Section 173 Agreement – Developer Contributions The proponent has put forward an offer of developer contributions for community infrastructure in conjunction with the Amendment, which will be secured by a Section 173 Agreement under the Planning & Environment Act 1987. As there is only one property owner, this is the appropriate mechanism to secure development contributions. The City has negotiated the details of these infrastructure projects. The projects are listed in Table 1, and the location of each project is shown in Figures 2, 3 and 4 in this report. The original offer included a multi-purpose community centre, however this has been revised to a smaller facility (a community hall). The approved Maiden Gully Precinct Structure Plan (2013) identifies the location of a multi-purpose community centre within the town centre as readily available to the whole community, rather than located on one edge. A district level play space and upgrades to key intersections have been included in the offer. Timing & delivery The Agreement requires the developer to undertake works-in-kind to deliver the infrastructure projects. The trigger points for the delivery of each infrastructure project are aligned with need, based on the number of lots developed, and are set out in the agreement.

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Should Council decide to adopt Amendment C190, the S173 Agreement should be executed by Council to ensure the infrastructure required to support residential development of the land is appropriately funded and secured. The S173 Agreement will be required to be registered on the title of the land. The requirement for the S173 Agreement for developer contributions will also be referenced in the Development Plan Overlay 28. Infrastructure Projects The contributions total approximately $5.82 million and the 9 infrastructure projects comprise: Table 1. Developer Contributions

Project No.

Project Name Developer Contribution

Timing

1 Linear open space land provision

$314,000 The transfer of that part of the linear open space directly abutting any stage of development at the issue of the Statement of Compliance for that stage.

2 Signature park in linear open space including construction of community hall, car park, district play space, BBQ pavilion, lake, footbridge, retaining wall and paving.

$2,883,166 1. All items except Community Hall: Prior to the issue of a Statement of Compliance for the 700th lot.

2. Community Hall: Prior to the issue of a Statement of Compliance for the 900th lot.

3 Interpretation Trail land provision

$870,000 Prior to the issue of a Statement of Compliance for the 1100th lot.

4 Community pavilion and BBQ, interpretative signage for trail and bollards.

$106,117

Prior to the issue of a Statement of Compliance for the 1100th lot.

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Project No.

Project Name Developer Contribution

Timing

5 Walking and cycling connections from Forest Park along Rathbones Lane up to Monsants Road, and from Forest Park through to Carolyn Way up to Monsants Road.

$442,000 Prior to the issue of a Statement of Compliance for the 700th lot.

6 Reconstruction of Rathbones Lane for bus route

$635,000 Prior to the issue of a Statement of Compliance for the 700th lot.

7 Reconstruction of Monsants Road/Rathbones Lane intersection

$112,300 Prior to the issue of a Statement of Compliance for the 700th lot.

8 Reconstruction of Monsants Road/Edwards Road intersection

$101,200 Prior to the issue of a Statement of Compliance for the 400th lot.

9 Signalisation of Calder Highway/Edwards Road intersection and provision of a skid resistant surface.

$364,566 Prior to the Certification of the 101st lot.

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Figure 2. Master Plan showing location of infrastructure projects within subject land.

Figure 3. Approximate location of Project 5: Walking and cycling connections.

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Figure 4. Locality map showing location of infrastructure projects 6-9

Consultation/Communication

Exhibition Procedures The Amendment was exhibited for six weeks from 26 April to 7 June 2013. Notice was provided in the following manner: Individual notices to 239 owners and occupiers of land affected by the Amendment. Notices to prescribed Ministers under Section 19(1)(c) of the Planning and

Environment Act. Notices to all authorities materially affected under Section 19(1)(a) of the Act. Public notice of the Amendment in the Bendigo Advertiser on 24 April and 27 April

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

2013. Drop in information sessions held on 9 May 2013 at Maiden Gully Hall. On the City of Greater Bendigo website. Submissions 21 submissions were received as a result of exhibition, with 12 submissions opposing the Amendment, five submissions supporting it and 4 submissions being neutral. All submissions were referred to the independent Panel. The key issues raised by the submitters included:

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

Timing of the amendment and strategic planning for Maiden Gully;

Whether development outside the Urban Growth Boundary should be supported;

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Neighbourhood character and the density of the development;

Traffic impacts on the surrounding road network;

Vegetation protection and impacts on fauna;

Servicing capacity of existing infrastructure; and

Lack of public transport. All submitters will be notified of Council’s decision resulting from this report. The Panel Hearing The Minister for Planning appointed an Independent Panel to consider the amendment. The Hearing was held from 7 to 11 October 2013. The Panel has considered all written and oral submissions and material presented to it in connection with the amendment. The Panel Report The Panel Report was received on 7 November 2013 and contained 2 recommendations. Under Section 26 of the Planning and Environment Act 1987, the Panel Report was automatically released to the public 28 days following its receipt. In summary, the Panel has supported the Amendment subject to minor changes to the Amendment. The Panel report states that “the Panel has considered all submissions and presentations made to it and concluded that the site is consistent with the local policy criteria for inclusion in the Urban Growth Boundary. The Panel concluded that the Amendment responds to a need to identify land for urban growth and will assist in reaching a target of 15 years supply of zoned residential land. The site is in a high bushfire risk area. The Panel heard extensive evidence and submissions on bushfire risk and concluded that the risk on the site can be reduced to an acceptable level by the extension of the Bushfire Management Overlay as proposed, the inclusion of a perimeter buffer in the development plan and other reasonably implementable controls.

The Panel recommends the Amendment be adopted as exhibited subject to relatively minor changes to the proposed Development Plan Overlay Schedule 28.” Key Issues Urban Growth Boundary and Residential Supply and Demand

Several submissions did not support the Amendment, as the site is outside the Urban Growth Boundary (UGB). While the subject land is located outside the UGB, the Amendment satisfied the criteria to be met for consideration of proposals outside the UGB, set out at Clause 21.05-3 of the MSS, as follows:

The Amendment is generally consistent with the residential development objectives of the Residential Development Strategy (2004);

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The subject land is contiguous with the UGB;

The Forest Park Master Plan exhibits sound ecologically sustainable development principles; and

The Amendment is generally consistent with the Development at the Urban-Forest Interface Policy at clause 22.01 with the inclusion of buffer zones, building setbacks and perimeter roads from the forest edge as part of the Master Plan.

Overall, the site presents an opportunity to provide for additional housing in an area which is able to be fully serviced and is contiguous with existing residential development. On the issue of land supply, the City’s panel submission stated that while a shortfall of land supply has not been predicted in the Maiden Gully Precinct Structure Plan (2013), or within Bendigo as a whole, the amendment will not have a significant impact on the City’s residential land supply in the long term. The Panel concluded that:

The 1,200 to 1,400 lots proposed by the Amendment responds to a demonstrated need for further residential lot supply in Bendigo and will not result in an oversupply of housing; and

The subject site is consistent with local planning criteria for inclusion within the Bendigo UGB.

Bushfire Risk Two submissions raised concerns about bushfire risk. One of these was from the CFA, whose submission raised concerns about the strategic location of the site and whether the Amendment met State planning policy on bushfire risk, and also requested a number of changes to the Amendment. The City’s panel submission acknowledged that the site is within a high bushfire risk landscape and sought the Panel’s advice on whether the bushfire risk for the site can be reduced to an acceptable level, and whether further detail was required in the planning controls. The proponent engaged three expert witnesses to provide evidence on the bushfire risk and the proposed mitigation measures. The Panel concluded that:

It did not support the Country Fire Authority’s argument that, because it is a new large strategic development site, a risk avoidance approach should be taken and either the site should not be developed, or should have greater separation distances than those specified in the Planning Scheme.

There is not sufficient justification at a strategic level to prevent the proposed development proceeding;

The proposed BMO has been correctly and appropriately applied and should be supported;

There is no justification for additional setback requirements on the site; and

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DPO28 should be amended to refer to Landscape Design Requirements being included in the Bushfire Management Plan and that those requirements should also apply to the area outside the BMO.

Traffic Impact

Following exhibition of the amendment, further consultation was undertaken between the City, VicRoads and the proponent regarding appropriate treatments for key intersections. The Traffic Impact Assessment Report was amended to address VicRoads’ submission in relation to treatments for various intersections. Five key intersections in the vicinity of the subject land will be impacted upon by the future development of the site:

Calder Alternative Highway and Edwards Road

Calder Highway and Monsants Road

Monsants Road and Rathbones Lane

Monsants Road and Edwards Road

Calder Highway and Edwards Road The City’s position is that upgrades are warranted to three of the above key intersections, which will be impacted the most by the Forest Park development, and has negotiated with the proponent and VicRoads in relation to the works required. The three intersections to be upgraded are:

Calder Highway and Edwards Road

Monsants Road and Edwards Road

Rathbones Lane and Monsants Road The developer will be required to fund and undertake the necessary works to these three intersections as part of developer contributions set out in the Section 173 Agreement. VicRoads will be a party to the Agreement due to the signalisation of the Calder Highway and Edwards Road intersection, to improve an immediately impacts intersection. As noted in the Panel report, although upgrades will be required for the intersections of Calder Highway/Monsants Road and Calder Alternative Highway/ Edwards Road over the coming years, traffic increases will be attributable to more developments occurring in the area, and the developer will not be contributing to these intersections. VicRoads’ preferred approach is to allocate developer contributions to the signalisation of Calder Highway and Edwards Road intersection. The City is satisfied that the agreed road works to be undertaken by the developer will satisfactorily address the traffic impacts generated by the development. The Amendment has been changed to address the submission from Public Transport Victoria to clarify the bus route and ensure the cross section for this road meets the relevant guidelines. The Panel concluded:

The traffic impacts of the proposed development can be adequately mitigated through the works proposed by the proponent; and

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The proposed access arrangements will provide adequate access and egress in the event of bushfire.

Native Vegetation A Native Vegetation Precinct Plan (NVPP) has been prepared for the site as part of the Amendment. If the Amendment is approved, this NVPP will become an Incorporated Document in the Planning Scheme. It identifies which vegetation must remain and which vegetation may be removed. A planning permit will not be required to remove, destroy or lop native vegetation on the site unless a proposal does not comply with the NVPP requirements. The Department of Environment and Primary Industries supported the Amendment. The CFA’s submission raised concerns about the retention of patches of high conservation significance conflicting with proposed bushfire mitigation measures. Other submissions raised concerns about impacts on the environment and local fauna due to the loss of vegetation. The City requested the Panel’s advice as to whether the vegetation to be retained on the site posed an unacceptable risk with regard to bushfire.

The Panel concluded that the NVPP should be adopted without changes as follows:

The Forest Park, Maiden Gully Native Vegetation Precinct Plan, April 2013 should be adopted as exhibited.

Schedule to Clause 52.16 (Native Vegetation Precinct Plan) should be adopted as exhibited.

Schedule to Clause 81.01 (Incorporated documents) should be adopted as exhibited.

The references to retaining existing vegetation contained in the proposed Schedule to the DPO are important and should be supported.

Neighbourhood Character and Density of Development Several submissions raised concerns about lot sizes, medium density housing and neighbourhood character of the area. It is acknowledged that the proposed lot sizes are significantly smaller than those in the adjoining residential area. However smaller lot sizes are supported by local and State planning policies which seek to provide for greater housing diversity to meet the changing needs of the City’s population and deliver more affordable housing. The proposed density of 12 dwellings per hectare is consistent with the density proposed for future development within the Maiden Gully Structure Plan (2013) area. The panel concluded:

The Panel notes the concern from a number of submitters about the proposed dwelling density not being in keeping with existing lower density of properties located east of the site. The Amendment does not propose any additional requirements to set a minimum lot size. The Panel notes that the subject site is located outside the Maiden Gully PSP and the area covered by DDO10 and is therefore not subject to the same controls or objectives.

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The Panel was not provided with any strategic information to justify introducing planning controls that set a minimum lot size similar to those in DDO10.

Although the Panel believes that the subject site may be suited to a density lower than the notional 12 dwellings per hectare implied in the Master Plan, the proposed Residential 1 Zone (now General Residential Zone) does not preclude this from being achieved. Lot sizes should be considered when assessing any future planning permit application to subdivide land and should balance policy requirements with what is appropriate for the setting and what the market can support.

The Panel is satisfied that the proposed Schedule 28 to the DPO can maintain a consistent character throughout Forest Park. A more prescriptive approach would reduce the ability to respond to future resident needs and planning regulation changes over the expected 14 year development period.

Although there were different views about dwelling density, Maiden Gully’s treed environment was commonly referred to when describing Maiden Gully’s neighbourhood character. Future permit applications should consider the extent to which the treed character of existing Maiden Gully residential areas and surrounding parks should be extended into the proposed Forest Park estate.

Detailed design of the development at subdivision stage will determine whether any of the trees permitted to be removed under the NVPP can be retained for amenity and landscape value. Water Supply Some submissions were concerned about servicing the site and impacts this would have on existing infrastructure and water pressure in the vicinity of the site. Coliban Water has confirmed that the subject land can be serviced with reticulated water and sewerage. Further work will be required to determine the exact infrastructure requirements and design. The Panel stated:

The Panel is satisfied that there is an appropriate mechanism in place between Council, Coliban Water and the proponent to ensure that minimum standards for water pressure are met.

The Panel believes that the availability of reticulated water supply and provision of accessible fire hydrants will provide an appropriate level of water supply for bushfire protection.

The Panel agrees with Council that matters relating to water supply should be addressed at the subdivision permit stage.

Panel’s Recommendations The following table lists the Panel's recommendations and provides a brief comment on how the recommendation be applied.

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Table 2. Panel recommendations

No. Panel Recommendation Officer Recommendation

1 Amend the proposed Development Plan Overlay Schedule 28 to include:

A requirement for Landscape Design Guidelines on proposed lots outside of the Bushfire Management Overlay (implemented through a Section 173 Agreement) as part of the Bushfire Management Statement.

Accept the panel’s recommendation.

2 Amend the proposed Development Plan Overlay Schedule 28 to:

Include reference to securing physical and social infrastructure through a Section 173 Agreement

Replace a requirement for a stormwater management plan with a requirement for an integrated water management plan which demonstrates that new development can safely manage the impact of flooding through the site to the satisfaction of the Responsible Authority and the relevant Floodplain Management Authority.

Accept the panel’s recommendation.

Officer Recommendations Some minor changes to the Forest Park Master Plan (Dec 2013) were made as a result of a submission received from Department of Transport, Planning and Local Infrastructure who requested minor changes to the bus route, and advice from the City’s Presentation and Assets directorate in relation to maintenance requirements for various categories of open space. While the Panel has not specifically commented on these proposed changes in its report, Council is able to consider other changes to the Amendment to address submissions. The changes are as follows: Table 3. Changes to Master Plan

No. Officer Recommendation

1 Page 39 of the Forest Park Master Plan amended to include an additional category of in the open space hierarchy to clarify the purpose and standards for open space areas.

2 Page 100 of the Forest Park Master Plan amended by changing the cross section for the potential bus route to Divided Road in Figure 17 of the Public Transport Guidelines for Land Use, including an on road bicycle lane and ensuring a 7m clear zone is provided.

3 Bus route on page 77 amended to match that shown on page 96 of the Forest Park Master Plan, and legend on page 77 amended to refer to ‘potential bus route’.

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Conclusion

It is recommended that Council adopt the Amendment with changes and forward the adopted Amendment to the Minister for Planning for approval. This will complete the Amendment process. It is also recommended that Council enter into the Section 173 Agreement for developer contributions to ensure the infrastructure required to support residential development of the land is appropriately funded and secured.

Options

Council has the option of:

Adopting the amendment in accordance with the above Officer Recommendations and sending to the Minister for Planning for Approval

Adopting the amendment in accordance with the Panel’s recommendations and sending to the Minister for Planning for Approval.

Adopting the amendment in part.

Abandoning the amendment under the Planning and Environment Act 1987. There is no right of review of a council's decision not to support the amendment.

It is recommended that Council adopt the amendment with changes in accordance with the above Panel and Officer Recommendations.

Resource Implications

Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees and extra costs incurred by the City for holding the panel as per Council’s adopted policy for private Planning Scheme Amendments. There is likely to be future resource implications in assessing planning permit applications. A further planning scheme amendment will be required to rezone the forested lots being transferred to the City of Greater Bendigo. A community hall within the estate will have maintenance and service implications for the City, however the land and building construction will be at no cost to Council and will be designed to meet Council’s specifications. There will be some extra maintenance resources required from the Parks Unit for this estate. Maintenance of buffers along the forest boundary for fire management purposes will be required, in addition to neighbourhood parks and the district level play space. The likely maintenance regime for the buffer will comprise mowing 8-12 times a year. The cost for the maintenance of this buffer is estimated to be in the order of $30,000 per annum.

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Council could consider the option of introducing a special charge for properties within the estate to recoup this cost, under section 163 of the Local Government Act. The charge would apply to new lots within the estate as they are created and would be collected at the same time as council rates. This cost is estimated to be approximately $23 per allotment. This decision does not need to be made now, but can be made at a later date.

Attachments

Panel Report (separate document)

Explanatory report

Amendment documentation

Forest Park Master Plan (separate document)

Section 173 Agreement

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Adopt Greater Bendigo Planning Scheme Amendment C190 with changes as per the

Panel and Officer recommendations; 2. Forward the adopted Amendment to the Minister for Planning for Approval, together

with the prescribed information pursuant to Section 31(1) of the Planning and Environment Act, 1987; and

3. Sign and seal the Section 173 Agreement for developer contributions.

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2.2 760-764 STRATHFIELDSAYE ROAD, STRATHFIELDSAYE- STAGED SUBDIVISION OF THE LAND INTO 46 LOTS AND THE REMOVAL OF NATIVE VEGETATION

Document Information

Author Stephen Wainwright, Coordinator Subdivisions Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: The staged subdivision of the land into 46 lots and the removal of native vegetation

Application No: DS/754/2013

Applicant: Breese Pitt Dixon Pty Ltd

Land: 760-764 Strathfieldsaye Road, STRATHFIELDSAYE

Zoning: General Residential Zone Abuts a Road Zone Category 1 (Strathfieldsaye Road)

Overlays: Environmental Significance Overlay Schedule 1

No. of objections: 3

Consultation meeting held:

25/11/2013

Key considerations: Interface between the site and an adjoining property.

Native vegetation.

Traffic.

Conclusion: The site is a largely vacant land parcel surrounded by the Battunga Park estate. There is an outline development plan for the area that envisages the development of the site for suburban housing in a manner that integrates with the existing estate. The proposed subdivision broadly accords with this plan and overall is consistent with the Planning Scheme. It is recommended that a permit be granted.

Policy Context

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

Planning for Growth

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

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Productivity

A diverse, strong and growing economy supports community resilience.

Report

Subject Site and Surrounds

The town planning report submitted by the applicant describes the site thus: “The subject site is located at 760-764 Strathfieldsaye Road, Strathfieldsaye and is registered as Lot 2 on Plan of Subdivision 137297 in certificate of title Volume 8365 Folio 049. The site is located on the south-western side of Strathfieldsaye Road, being an L-shaped land parcel which as an area of 5.248ha with a frontage to Strathfieldsaye Road of approximately 71m. The location of the site is shown [below in Figure 1]. The land is subject to a gentle fall to the south and includes a 20m wide easement for drainage purposes located in the north-east corner of the land. The north-east portion of the land consists of an existing dwelling, characterised by existing large mature trees and water body running in an east-west direction. The existing dwelling and vegetation in this portion is to be retained within a proposed existing dwelling lot. The remainder of the land is undeveloped and vacant and appears to be devoid of significant vegetation. However there are a number of large eucalypts along its north-west and southern boundaries. Access to the subject land is to be provided via Strathfieldsaye Road and the local roads within the existing residential developments adjoining the land.”

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Figure 1: A location map showing the site. The objectors’ properties are marked with a star.

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

Proposal

The proposal is to subdivide the site into 46 residential lots (see Figure 3 below). The lot sizes will range between 570m2 and 896m2, together with a single balance lot of 1.2ha which will contain the existing dwelling. All the lots will be fully serviced.

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The subdivision layout will provide linkages with the existing local road network. Namely, there will be an east-west connection between Baymont Drive and Athena Way and an essentially north-south connection between Kondias Drive and Athena Way. A lengthy court bowl will extend off this latter internal connection. None of the new lots will gain direct access to Strathfieldsaye Road. Pedestrian permeability through the subdivision will be achieved via two north-south walkways that will connect to an existing public thoroughfare off Knights Court to the north of the site. A drainage reserve is proposed in the south west corner of the site, near the site’s abuttal to Kondias Drive. All native vegetation on the site will be deemed to be lost as a result of the subdivision. Offsets will be provided to compensate for these losses.

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Figure 3: The proposed plan of subdivision

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Planning Controls - Greater Bendigo Planning Scheme

The site is in the General Residential Zone and abuts a Road Zone Category 1 (Strathfieldsaye Road). The watercourse that traverses the site is covered by Schedule 1 to the Environmental Significance Overlay - Watercourse Protection. The proposed subdivision of the site requires a permit under the zone and overlay provisions as well as under the land adjacent to a road zone provisions (clause 52.29) in the planning scheme. There is also a permit trigger for the removal of native vegetation from the site (clause 52.17). The following clauses in the planning scheme are relevant to the permit application. State Planning Policy Framework Open space (clause 11.03). Regional development (clause 11.05). Biodiversity (clause 12.01). Urban environment (clause 15.01). Sustainable development (clause 15.02). Residential development (clause 16.01). Movement networks (clause 18.02). Development infrastructure (clause 19.03). Municipal Strategic Statement Municipal profile (clause 21.01). Key issues and influences (clause 21.02). Vision - strategic framework (clause 21.03). Strategic directions (clause 21.04). Settlement (clause 21.05). Housing (clause 21.06). Environment (clause 21.08). Reference documents (clause 21.10). Local Planning Policies Salinity and erosion risk policy (clause 22.04). Strathfieldsaye township residential character policy SF4 (clause 22.22). Other Provisions General Residential Zone (clause 32.08). Environmental Significance Overlay (clause 42.01). Native vegetation (clause 52.17). Land adjacent to a road zone, category 1, or a public acquisition overlay for a

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

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Consultation/Communication

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

Referral Comment

Coliban Water No objection subject to conditions

Powercor No objection subject to conditions

Tenix No objection subject to conditions

CFA No objection

North Central CMA No objection

VicRoads No objection

DEPI No objection

Development Engineer (internal)

No objection subject to conditions

Public Notification The application was advertised to the public by mail and on-site notices. Three objections to the application were received. The objections focus on the issues of traffic, native vegetation losses and the nature of the abuttal of the subdivision to a neighbouring property. These issues are discussed later in this report. A consultation meeting was held to discuss the grounds of objection. The subdivision layout was revised in response to the issues raised at the meeting. The revised plan has gone some way towards resolving one of the objections.

Planning Assessment

Will the subdivision result in an acceptable interface with No.8 Amesbury Place? The residence at No.8 Amesbury Place abuts the subject site (see the aerial photograph in Figure 4 below). The house features a double garage that faces towards the site. At its closest point the garage is setback 6m from the common boundary and the setback area is sealed with concrete. There is a driveway along the side boundary of the property that provides access to the garage via Amesbury Place. The orientation of the garage is unusual in the sense that it faces away from Amesbury Place and towards the rear boundary of the property.

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A rationale for the siting of the garage is to be found in a master plan that was prepared for the area in 2003. Amesbury Place was created as part of the Battunga Park Estate and the development of the estate was guided by an “outline development plan”. The plan shows an indicative subdivision layout for the subject site. The plan was necessary to demonstrate that Battunga Park and the subject site could be properly integrated. Relevant to No.8 Amesbury Place, the outline development plan includes a north-south street connection between Kondias Drive and Athena Way. This new internal street would partly abut the rear boundary of No.8 Amesbury Place thereby providing a second street frontage to the property. The existing garage is designed to potentially take advantage of the new street frontage envisaged by the outline development plan.

Figure 4: The interface between the site and No.8 Amesbury Place.

The original subdivision plan submitted with the application dispensed with the street frontage shown on the outline development plan. Instead, house lots were shown along the common boundary with No.8 Amesbury Place (see Figure 5 below). This layout was opposed by the owners of No.8 Amesbury Place. Following a consultation meeting the original application was revised. The current application shows an abuttal to No.8 Amesbury Place that is similar, but not identical, to that proposed by the outline development plan (see Figure 6 below). At first the revised plan was acceptable to the owners of No.8 Amesbury Place and they withdrew their objection to the application. But as it happened the objection was reinstated due to one outstanding point. Namely, the owners of No.8 Amesbury Place want the length of the proposed street frontage along the common boundary increased by between 3m-10m.

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This would be achieved by reducing the size of the adjoining drainage reserve. The owners of No.8 Amesbury Place argue that the longer street frontage would increase access to their property with no impact on the functionality of the drainage reserve. The permit applicant has declined to make the requested change citing the need to maintain the proposed sizing of the drainage reserve until detailed design work is completed.

Figure 5: The original application with house lots along the boundary with No.8 Amesbury Place

Figure 6: The current application showing a revised interface with No.8 Amesbury Place

The current proposal will result in No.8 Amesbury Place having an 18m street frontage along the rear boundary of the property. There is no argument that this will be adequate to allow access to the existing garage. However, making the frontage even wider would effectively unlock the potential for No.8 Amesbury Place to be further subdivided. At least

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3.5m of additional frontage would be required which corresponds with the minimum width necessary for a driveway. From a policy perspective facilitating the subdivision potential of No.8 Amesbury Place can be viewed as a good planning outcome. The land is appropriately zoned and there are reticulated services available. A further subdivision would take advantage of these locational advantages. For these reasons the additional frontage ought to be supported. The reserve shown on the current subdivision plan tapers to a point at the northern end of the reserve and this is the area that would need to be reduced in size to accommodate the additional frontage. The bulk of the proposed retardation basin is not expected to utilise this tapered section and thus the additional frontage will not affect the overall design of the reserve. Is it appropriate to remove native vegetation from the site? One of the objectors is concerned about the loss of native vegetation from the site and affect the subdivision will have on the biodiversity values of the area. The objector points out that the existing trees and dam on the site are habitat for birdlife and other fauna. Existing vegetation on the site is sparse. There are five Yellow Gum trees along the west boundary of the site which are the focus of the objector’s attention. Planning permission is required to remove these trees. There are four planted Red Gums further north on the site which may be removed as of right under the planning scheme. All the gum trees will be lost as a result of the subdivision. The existing dam will also be filled in. The Yellow Gum trees are classed as having medium and low conservation significance. The Yellow Gums clearly lack any connectivity with any forested areas and provide little value in terms of their bio link potential. In this context it is reasonable to allow the removal of the trees in return for native vegetation offsets.

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Figure 7: Three of the Yellow Gums to be removed

Is the traffic generated by the subdivision acceptable? One objection was received on traffic grounds from a resident living in Athena Way. The resident’s concern is that the proposed subdivision will result in additional traffic using Athena Way/Medusa Street as a route through to Saxby Drive. They would prefer it if Athena Way was made a no through road with traffic diverted to Baymont Drive for the purpose of connecting to Saxby Drive. As a point of reference Saxby Drive is the main thoroughfare into the Battunga Park estate off Strathfieldsaye Road. The proposed plan of subdivision shows the extension of Athena Way as an east-west through-road with connections to Saxby Drive via either Medusa Street or Baymont Drive. The proposed Athena Way extension will service 11 new lots which will equate to approximately 110 additional vehicle movements per day. These movements will be split between Medusa Street and Baymont Drive. The existing street network has the capacity to accommodate the additional traffic generated by the subdivision. Medusa Street and Baymont Drive were designed with the expectation that Athena Way would become a through-road as evidenced by the outline development plan that was prepared for the area. Overall traffic volumes resulting from the subdivision will be relatively modest and will not be detrimental to the existing amenity experienced by the objector. Does the subdivision comply with clause 56 in the Planning Scheme? The proposal complies with all the subdivision design objectives in clause 56 of the Planning Scheme. The lots in the subdivision will be fully serviced and they will enjoy a high standard of amenity owing to their size, pedestrian and vehicular linkages and access to recreational assets. All the lots will be capable of accommodating a suburban house with generous space for a garden and backyard. Should the subdivision make a public open space contribution? The site is in a strategic location earmarked for a linear reserve between Saxby Drive to the north and Ryalls Lane to the south. The reserve follows the alignment of the existing waterway. The reserve will accommodate an off-road shared pathway that will ultimately link through to the Strathfieldsaye sports reserve. Some sections of the planned pathway have already been acquired by Council. The proposed subdivision will create the need for additional public open space in Strathfieldsaye. In this context, and having regard to the tests in the Subdivision Act 1988, Council is entitled to require the developer to make a contribution towards the provision of public open space. The contribution may take the form of land.

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Taking land for the planned pathway is in line with Council’s strategic public open space interests and is supported for this reason. The area required corresponds to the existing 20m drainage easement that encumbers the site and equates to approximately 5% of the total site area (see Figure 8 below). A carriageway easement will be needed across the proposed reserve to maintain rights of access to Strathfieldsaye Road for the existing dwelling on the site. In addition, it is intended that the current land owners will be given a lease over the reserve until such time as the pathway is constructed.

Figure 8: The location of the reserve proposed to be taken as a condition of the permit

Conclusion

The proposed subdivision complies with the requirements of the planning scheme for the reasons discussed above. On this basis a permit should be granted for the proposal.

Options

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

Attachments

Objections.

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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolves to issue a Notice of Decision to Grant a Permit which allows for the staged subdivision of the land at 760-764 Strathfieldsaye Road, Strathfieldsaye and the removal of native vegetation subject to the following conditions: 1. AMENDED PLANS

Before the plan of subdivision is certified 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 then form part of the permit. The plans must be generally in accordance with the plans submitted with the application but modified to show (a) an additional 3.5m of street frontage must be provided for the abutting property

known as No.8 Amesbury Place by reducing the length of the proposed drainage reserve.

2. PLAN MUST NOT BE ALTERED

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

3. PUBLIC OPEN SPACE CONTRIBUTION The existing 20m wide easement that traverses the site must be set aside on the plan of subdivision as a Reserve vested in Greater Bendigo City Council.

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

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

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

7. DETAILED DRAINAGE Before a plan of subdivision is certified for the approved subdivision 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 and must include (a) direction of stormwater runoff (b) a point of discharge for each lot (c) independent drainage for each lot

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(d) approval from the relevant authority for the point of discharge.

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

9. STORMWATER DETENTION Before a statement of compliance is issued for the subdivision the developer must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge: Q5 = 22 l/s per hectare; Q100 = 43 l/s per hectare.

10. STORMWATER QUALITY Before the subdivision starts the developer must provide a stormwater treatment system to achieve the Best Practice Environmental Guidelines storm water quality (Victoria Stormwater Committee 1999) in accordance with plans and specifications to the satisfaction of the responsible authority.

11. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include (a) fully sealed pavement with kerb and channel (b) paved footpaths (c) underground drainage (d) underground conduits for water, gas, electricity and telephone (e) appropriate intersection and traffication measures (f) appropriate street lighting and signage (g) high stability permanent survey marks.

12. DECORATIVE LIGHTING The decorative lighting style is to be consistent with any adjacent decorative lighting. The Responsible Authority shall determine decorative lighting style where conflicts arise. The applicant shall submit for approval full details of any proposed decorative lighting to the Responsible Authority prior to commencement of works. Prior to the issue of the statement of compliance the applicant will make payment to the Responsible Authority in accordance with Table 15 of the Infrastructure Design Manual.

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

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14. CONSTRUCTION MANAGEMENT PLAN (a) Prior to commencement of works the owner or applicant must submit a

Construction Management Plan (CMP) for approval by the responsible authority. The plan must include

a site specific plan showing proposed erosion and sedimentation control works

techniques and intervention levels to prevent a dust nuisance

techniques to prevent mud and dirt being transported from the site to adjacent streets

the protection measures taken to preserve any vegetation identified for retention.

(b) During construction of works associated with the subdivision, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency.

15. NATIVE VEGETATION OFFSETS

In order to offset the removal of 5 scattered trees approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements, and is in accordance with the ‘Permitted clearing of native vegetation - Biodiversity assessment guidelines’ and the ‘Native vegetation gain scoring manual’. The offset must (a) contribute gain of 0.104 general biodiversity equivalence units (b) be located within the North Central Catchment Management Authority boundary (c) have a strategic biodiversity score of at least 0.548.

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

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

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

17. POWERCOR

(a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

(b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

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

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(d) The applicant shall: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision.

(e) The applicant shall: Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000.

(f) The applicant shall: Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots.

(g) The applicant shall: Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey.

(h) The applicant shall: Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

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

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

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

18. TENIX

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

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

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

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

(b) Before the issue of a statement of compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from

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

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

20. COUNTRY FIRE AUTHORITY

(a) Operable hydrants, above or below ground must be provided to the satisfaction of CFA.

(b) The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of the building envelope, the rear of all lots) must be 120m and hydrants must be no more than 200m apart.

(c) Hydrants must be identified as specified in ‘Identification of Street Hydrants for Firefighting purposes’ available under publication on the Country Fire Authority web site (www.cfa.vic.gov.au).

21. EXPIRY OF THE PERMIT

This permit will expire unless (a) all stages of the approved subdivision have been certified within 3 years of the

date of this permit or (b) any stage of the approved subdivision is not completed within 5 years of the

certification of the plan of subdivision under the Subdivision Act 1988. The responsible authority may extend the time for certification of a plan of any stage of the subdivision if a request is made in writing before the permit expires, or thereafter, within the period allowed by section 69 of the Planning and Environment Act 1987.

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2.3 224 VIEW STREET, BENDIGO 3550 - USE OF LAND FOR A CAFE, PARTIAL DEMOLITION, BUILDING AND WORKS, WAIVER OF CAR PARKING (FOR CAFE)

Document Information

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

Summary/Purpose

Application details: Use of land for a cafe, partial demolition, building and works, waiver of car parking (for café).

Application No: DC/740/2013

Applicant: OTS Architecture

Land: 224 View Street, BENDIGO 3550

Zoning: General Residential Zone Road Zone 1

Overlays: Heritage Overlay 279

No. of objections: 4

Consultation meeting held:

4 February 2014

Key considerations: Whether the use of land for a café is appropriate for the area.

Whether the waiver of car parking associated with the café would detrimentally impact on the area.

Whether the proposal is an appropriate design for the area.

Conclusion: The proposal is an appropriate design and sympathetic reuse of an existing heritage building. In light of the vehicle parking available in both Barnard and View Streets and the small size of the proposed café there will not be an adverse impact on the amenity of the area. This report recommends that the Greater Bendigo City Council issues a Notice of Decision to Grant a Planning Permit.

Policy Context

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

Planning for Growth

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

Productivity

A diverse, strong and growing economy supports community resilience.

Sustainability

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

Background Information

A pre-application meeting was held with a planning officer, the City’s Heritage Architect / Advisor and the applicant to discuss the proposal. The recently approved application for a planning permit on the adjoining allotment is relevant to this application owing to the purchase of the disused right of way between the two properties.

Report

Subject Site and Surrounds

The site comprises a rectangular block with an area of 445 square metres and has a fall of around 1 metre over the site. The site is zoned General Residential and currently contains an existing, two storey, building (former hotel) which dates from the late 19th century and features a number of additions to the rear and side. The building has been identified in the heritage precinct and is rated a C – individually significant in the Eaglehawk and Bendigo Heritage Study. The building has been vacant for at least 5 years. The surrounding area is a mixture of commercial, residential and recreational development with buildings in a variety of styles and ages. Located within 300 metres of the site is the QEO, Catholic College Bendigo, Capital Theatre, sporting and recreation facilities in upper Rosalind Park and passive recreational areas in lower Rosalind Park. There is currently a disused right of way between the subject site and the adjoining allotment at 232 View Street and 194 – 198 Barnard Street which, historically was used to serve all three properties.

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Figure 1: Location map showing subject site. Objectors' properties are outside the boundaries of this map.

Figure 2: Aerial photo showing the subject site.

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Figure 3: Building from View Street.

Figure 4: Building from Barnard Street.

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Figure 5: Location map showing the objecting properties with respect to the application site.

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Proposal

Use: It is proposed to use a portion of the site, approximately 195 square metres (as shown on the plans below) for a café on the ground floor. The café would operate between the following hours:

Monday to Friday 7:30am to 5:30pm

Saturday 7:30am to 3:00pm

At other times coinciding with special events (Cricket, Football, Swimming Competitions, etc) at hours to fit in with such events.

The times shown above are the times that the applicant has requested. The remainder of the existing and proposed buildings will be used for a dwelling and associated works (car parking, swimming pool) which does not require a use approval under the General Residential Zone. Demolition: Parts of the existing building (non-original additions) will be demolished such as the single storey structures to the north east and north west of the existing original double storey building. Buildings and Works: The original, double storey section of the building will be retained and new additions will be constructed to the north east, north and north west of the existing building. These new structures will be modern in design, double / triple storey in height and will contain the cafe space, kitchen, café storage and residential garage on the ground floor and residential spaces on the floor(s) above. A swimming pool, decks and second floor gardens will also be incorporated into the design. Car Parking: Three on site car spaces are being provided for the proposed residential use on the site (this residential use does not require planning consideration owing to the General Residential Zoning of the site). The use of the adjoining right of way for the manoeuvring of vehicles for the adjoining property has been incorporated into the plans and discussed in detail later in this report.

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Planning Controls - Greater Bendigo Planning Scheme

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

11.05 Regional Planning

15.01 Urban environment

15.02 Sustainable environment

15.03 Heritage Municipal Strategic Statement

21.08 Environment Local Planning Policies

22.06 Heritage Policy Overlay

43.01 Heritage Overlay Other Provisions

32.08 General Residential Zone

52.06 Car Parking

54 One Dwelling on a Lot

65 Decision Guidelines

Consultation/Communication

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

Referral Comment

Traffic & Design No objection subject to conditions.

Drainage No objection subject to conditions.

Heritage No objection.

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

Lack of on-site car parking (for the café) and the impacts this will have on the surrounding street network.

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Loss of amenity through increased vehicle traffic.

Not in keeping with the character of the area.

No need for another café in the area.

A consultation meeting was held between two of the four objecting parties, the applicant and the land owners along with two of the Ward Councillors. Subsequently the applicant has provided written clarification on some matters raised in the consultation meeting and this letter was provided to the objecting parties. No objections were withdrawn nor revised based on this information. The objections are discussed below.

Planning Assessment

Is the use of part of the land appropriate for a café? Councils Residential Development Strategy encourages not only the active reuse of old buildings but also the use of prominent sites for cafes offering food and drink to serve the needs of residential communities since the down turn and demise in the ‘old’ corner shop The General Residential Zone encourages ‘a limited range of other non-residential uses to serve local community needs in appropriate locations’ and the use of the land for a café is a permissible use within this zone. An objector asked whether ‘another’ café is an appropriate outcome or needed in the area. Planning is unable to consider the economics of whether another café (in the words of the objector) is needed or required. The land was used for many years as a hotel (planning approval could still be sought and granted for a hotel even under the current land zone) and the conversion of the building into a café is appropriate in this instance. The prominent corner site has no immediate residences abutting (at present) and is in close proximity to the CBD and sporting and recreational facilities. Having given careful consideration to the grounds of objection, the Planning Scheme requirements and the locality of the site, it is the opinion of the assessing officer that the proposed use is appropriate for the site as it would meet the purpose of the zone within minimal impact on residential amenity. Are the proposed café operating hours appropriate? Generally, the hours are appropriate for the size and location of the café and are in line with other cafés that have been approved in residential areas in recent years. The only difference is the applicant's request to trade at ‘other times coinciding with special events’. This request is very broad and open ended and isn’t something that could be easily controlled to prevent disturbance to the area as the applicant could in theory trade at any time for any event with no limit on the number of events, the nature of events or the opening hours for said events.

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This being said, if the number of ‘special events’ were to be restricted to 12 events per year and a condition on the permit required the applicant to notify the City of Greater Bendigo and adjoining land owners and occupiers not less than 14 days from an event stipulating the nature and type of the event along with the proposed hours of operation the potential impacts on any adjoining properties can be assessed and managed. As such, the condition of the permit restricting the hours of operation would be as follows;

Monday to Friday 7:30am to 5:30pm

Saturday 7:30am to 3:00pm

Special events limited to twelve (12) occurrences per calendar year with notice of these events, including but not limited to the nature of the event and hours of operation proposed for the event to be given to adjoining owners and occupiers as well as the City of Greater Bendigo as the responsible authority.

Is the car parking waiver appropriate? When assessing a new proposal for the reuse of an existing building careful consideration must be given to the competing interests of re using an old building and the provision (or waiver) of car parking spaces. The total floor area allocated to the café is 195 square metres which, based on the Planning Scheme requirement for 4 spaces per 100 square metres means the proposal would require 8 spaces for the café. As the site is not large enough to accommodate the 8 spaces (the 3 spaces on site are for the residential element of the proposal) the applicant seeks to waive these 8 spaces. There are approximately 53 line marked car parking spaces within a 50 metre radius of the site, most notably within the View and Barnard Streets road reserves, made up of a mixture of metered and un-metered spaces. This side of View and Barnard Streets does not contain large offices or other uses (Catholic College Bendigo (CCB) aside) that generate high demand for on street parking through conventional business hours (which is in contrast to other streets in close proximity to the CBD where the majority of car parking spaces are used from 8am to 5pm). As such, there is an acceptable level of availability of car parking in the area during the proposed hours of operation. It is acknowledged that at times (major sporting events and during certain times of the morning and afternoon during pick up and drop off of children at the pre-school and CCB) it can be difficult to get a car park in this area, however, these are time specific incidences. It is likely that customers who drive to the café at such times would park in less congested areas such as Barnard Street. Overall when viewing the proposal in the greater context of the area, parking could not be considered a problem and the car parking waiver is appropriate in this instance.

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Does the design respect the heritage values of the building? Within a heritage area it is important to retain and protect heritage assets whilst being mindful of keeping new extensions clearly identifiable as being new without those extensions dominating the heritage building to be retained. The Planning Scheme encourages good urban design outcomes and the activation of old buildings though the contemporary reuse of these buildings. The proposal would reactivate the building at street level by using the ground floor for a café space and the design responds to the existing heritage features of the building. The restoration would create an active street frontage through the use of clear glazing. In this case, the non-original, single storey additions to the original double storey building will be demolished to allow the construction of new, double storey (triple storey in places) structures which will contain vehicle parking and café (on part of the ground floor) along with the dwelling on the upper floors. These new structures will be modern and contemporary in their design, featuring copper and aluminium feature cladding as well as metal louvered screens. The existing building will be restored and original features will be retained. The following comment was received from the City's Heritage Architect / Advisor. "The proposal involves the demolition of a single storey section at the rear, which is on the View Street frontage. This section of the building has been altered, is in fair condition, and its demolition will not have a significant adverse impact on the heritage place or precinct. Earlier comments at the pre-applications stage include:

"The proposed demolition of the rendered single storey cream brick addition to the Barnard Street side will not have any adverse impact on the heritage significance of the site. The single storey section on View Street has been substantially altered and may have been two shops at some stage. It appears to be late 19th or early 20th century from the brickwork and general form. There is evidence of a possible verandah on this section. It is in fair/poor structural condition with structural cracking evident. The proposal also involves the construction of two storey additions to the View Street and Barnard Street frontages. These have been designed with a recessed link section to the View Street side and are the same height as the two storey hotel section. The connection on the Barnard Street frontage is not detailed in the same way with a recess joint, but is nevertheless acceptable. The additions will easily read as modern additions Recommendation: Overall the proposal is acceptable subject to a number of suggested conditions:

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The original timber windows of the former Parkview Hotel building should be retained in situ and repaired and refurbished. (Secondary glazing could be incorporated if required)

The proposed paint scheme for the existing building should be modified to better reflect the heritage palette appropriate for the age of the building."

The comments outlined above are agreed to by the assessing officer and the restoration of the existing double storey portion of the building and contemporary but not dominating extensions, the proposal is compliant with the heritage provisions of the Planning Scheme and presents a good heritage design outcome. Status of the road reserve between 224 and 232 View Street A related issue with this application is that there is currently a disused road reserve benefiting the subject site, 232 View Street and the Oval Motel (194-198 Barnard Street) with all three properties being in separate ownership. Council considered a proposal on the adjoining lot at 232 View Street (DSD/679/2012) in 2012 for a four lot subdivision and construction of four dwellings (approved by VCAT). The endorsed plans for this development required the use of a small section of this road reserve to allow reversing space for vehicles. The City's Engineering and Public Space team have consented to a request to discontinue the road reserve and sell the land to the owners of the subject site. However, this sale has not been finalised. As the owners of the subject site are in the process of purchasing this disused right of way and consolidating it with their land this proposal shows structures being constructed over what is currently the right of way. Although this right of way will be consolidated onto the title for the subject site, the vehicle manoeuvring for the adjoining lot at 232 View Street will be protected by a carriageway easement which is shown on the plans being considered by the City's Property Unit (attached).

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Figure 3: Proposed plan showing the subject site after purchase and consolidation of the disused right of way.

Figure 4: Plan showing the current location of the right of way (shaded grey).

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A condition will be placed on the permit requiring proof of purchase and the creation of the accessway easement prior to the commencement of works on the site.

Conclusion

The proposal is an appropriate design and sympathetic reuse of an existing heritage building. In light of the vehicle parking available in both Barnard and View Streets and the small size of the proposed café, there will not be an adverse impact on vehicle parking in the area. This report recommends that the Greater Bendigo City Council approves the proposal.

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

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the use of land for a cafe, partial demolition, building and works, waiver of car parking (for café) at 224 View Street, BENDIGO 3550, subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Prior to the commencement of construction evidence that the road reserve

between 224 and 232 View Street has been legally purchased and consolidated onto the title of 224 View Street must be provided to the responsible authority.

(b) An easement to allow vehicle manoeuvring from the adjoining development at 232 View Street must be incorporated into this plan.

2. NO LAYOUT ALTERATION

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

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3. REFRIGERATION AND AIR CONDITIONING EQUIPMENT Any equipment required for refrigeration, air-conditioning, heating and the like must be suitably insulated to EPA standards 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.

4. AMENITY OF THE LOCALITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

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

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

7. VEHICLE MANOEUVRING All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

8. TRAFFIC CONDITIONS (a) Suitable mirrors must be installed on the building to allow vehicles to exit the

site in a manner safe to pedestrians. (b) No fence or other obstructions are to be erected or placed in the turning

easement area. (c) No right turn from View Street into the dwelling and left turn only exiting the

dwelling. (d) Applicant to provide (or provide funds to the responsible authority) for road

marking to control the above turning manoeuvres.

9. GENERAL DRAINAGE The whole of the subject land, including landscaped and paved areas, must be graded and drained to the satisfaction of the City of Greater Bendigo as the responsible drainage authority so as to prevent the discharge of water from the subject land across any road or footpath or onto adjoining land.

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

The retention and repair/refurbishment of the original timber windows on the former Parkview Hotel

A modified paint scheme for the existing building modified to better reflect the heritage palette appropriate for the age of the building.

11. USE OF PARKING AREAS

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

12. 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 7:30am to 5:00pm

Saturday 7:30am to 3:00pm

Special events limited to twelve (12) occurrences per calendar year with notice of these events, including but not limited to the nature of the event and hours of operation proposed for the event to be given to adjoining owners and occupiers as well as the City of Greater Bendigo as the responsible authority.

Signage Note This permit does not consider nor approve any signage. If signage is proposed in future this application would require amendment or a new application made with the responsible authority. Liquor License Note This permit does not consider nor approve a liquor license. If a liquor license is proposed in future this application would require amendment or a new application made with the responsible authority. Environmental Health Notes Food

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 Environmental Health and Local Laws 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 www.bendigo.vic.gov.au/Business/Food_businesses or by contacting Environmental Health & Local Laws on (03) 5434 6333.

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

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

Tobacco

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

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

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2.4 9 MAYNARD DRIVE, EPSOM 3551 - CONSTRUCTION OF A TELECOMMUNICATIONS FACILITY (35 METRE MONOPOLE)

Document Information

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

Summary/Purpose

Application details: Construction of a telecommunications facility (35 metre monopole)

Application No: DP/507/2013

Applicant: Telstra Corporation Limited

Land: 9 Maynard Drive, EPSOM 3551

Zoning: Industrial 3 Zone

Overlay: Land Subject to Inundation Overlay

No. of objections: 6 individual, written objections and a petition signed by 57 people.

Consultation meeting held:

17 February 2014

Key considerations: Compliance with A Code of Practice for Telecommunications Facilities in Victoria 2004; and

Objector concerns.

Conclusion: Officer assessment of the proposal against relevant matters including State and Local Policy, the Zone, Overlay, A Code of Practice for Telecommunications Facilities in Victoria 2004 and due consideration of the objections concludes the facility represents an acceptable planning outcome, subject to the recommended conditions. This report recommends that Council resolve to issue a Notice of Decision to Grant a Permit, subject to conditions for the application.

Policy Context

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

Planning for Growth

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

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Productivity

A diverse, strong and growing economy supports community resilience.

Sustainability

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

Report

Subject Site and Surrounds

The application site is a rectangular lot of 1,681 square metres which has frontage of 20.55 metres to Maynard Drive. The site is presently undeveloped with informal storage of building materials the only current activity on the land. The activity on the land is associated with the use on the adjoining land in the same ownership at 158-160 Midland Highway (Bendigo Building Products). The site is relatively flat with fall in the order of 1 metre from front to rear.

Figure 1: Location map showing subject site. Each objector property is marked with star. One objector owns 2 properties. Note: Location of the Bendigo Pottery is within the yellow dotted lined area.

All adjoining and adjacent property is within the Industrial 3 Zone, with other zones in close proximity of the site including the Mixed Use Zone and Commercial 1 and 2 Zones. Despite the zoning, a number of dwellings exist between 100 and 200 metres from the proposed facility to the north, west and south.

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Proposal

The application proposes the construction of a 35 metre high pole, equipment shelter and a 2.4 metre high chain mesh fenced compound of 6 x 10 metres. The facility is proposed to be located in the front right hand corner of the lot approximately 7 metres from Maynard Drive. The equipment shelter is proposed to be located in front of the tower. Existing fencing of the site is 1.8 metres; the proposed compound would be fenced with 2.4 high chainmesh fencing. A new crossover (subject to separate approval from the City’s Engineering & Public Space Directorate) would be required to be created from the road reserve in order to provide access to the compound.

Figure 2: Elevation plan of tower.

Site Selection Process: Being in the urban part of Bendigo, a number of potential co-location opportunities were identified and evaluated by the applicant including Telstra facilities at Heywood Street, White Hills; Neangar Park Golf Club, Eaglehawk and an Optus facility at Quinns Road, Wellsford. Co-location was not pursued by the applicant as the existing facilities would not provide suitable coverage within the target area based on the applicant’s technical assessment of these facilities and the need/ gap in service they had identified in this area.

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Two alternative sites for new towers were considered prior to the applicant determining to make an application on the subject site. The two alternative sites and why they were not chosen are as follows:

146 Midland Highway, Epsom (Bendigo Pottery – zoned Mixed Use). The applicant advises that this site would deliver similar coverage as the application site. It was not selected as the site has identified heritage significance (and is within the Heritage Overlay under the Planning Scheme) and also has closer interface with residential/sensitively zoned land.

123-129 Midland Highway, Epsom (Poyser Motors – zoned Commercial 2). The applicant advises this site would not deliver the quality of coverage of the above candidate. Additionally, the applicant’s assessment of this site is that it would present issues in terms of visual impacts to residential areas further west owing to minimal development/screening between the site and other development. The applicant also noted that there were reservations from the owner regarding commercial terms of any lease which would be required to be entered into.

In the applicant’s submission, they conclude that the application site is ‘accessible, technically viable and will result in minimal impact on the amenity of the area, whilst also providing a possible co-location opportunity for other carriers in the future’ (Urbis Planning Report pg. 10).

Planning Controls - Greater Bendigo Planning Scheme

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

Clause 19.03-4 – Telecommunications Municipal Strategic Statement

Clause 21.01 – Municipal Profile Other Provisions

Clause 33.03 – Industrial 3 Zone

Clause 44.04 - Land Subject to Inundations Overlay

Clause 52.19 – Telecommunications Facilities

Clause 65 – Decision Guidelines

Consultation/Communication

Public Notification The application was advertised directly to owners and occupiers of nearby land. Notice of the proposal was erected on the application site and public notice was placed in the Bendigo Advertiser. As a result of advertising, 6 objections and a 57 person petition were received, with the grounds of objection being:

Health concerns regarding Electro Magnetic Emissions (EME);

Impact on property values;

Visual impact;

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Site selection including: Merit of alternative sites; The need for a new site in the area; and

Interference with power supply and electrical instrumentation at nearby businesses.

The objections are discussed below.

Planning Assessment

Code of Practice: The key matters for consideration of a new telecommunications facility are whether the proposal is an orderly planning outcome that provides a net community benefit. The key assessment tool for this application type is contained within the document titled A Code of Practice for Telecommunications Facilities in Victoria 2004, which is a document incorporated into the Planning Scheme. The facility has been assessed as meeting the principles for the design, siting, construction and operation of a telecommunications facility set out in the Code of Practice as follows:

A Telecommunications facility should be sited to minimise visual impact.

The tower is proposed to be at a height of 35 metres, which is the height required in order for the provider to technically provide the depth and quality of coverage in the target area; relieve pressure on existing Telstra towers at Heywood Street and Neangar Park Golf Course and to ‘cater for recent and future residential and commercial development in Epsom and its surrounds’ (Urbis Planning Report pg. 5). In its practical application, the following factors (taken from A Code of Practice for Telecommunications Facilities in Victoria 2004) are relevant to the consideration as to what is relevant in terms of determining whether visual impact has been minimised.

How principle should be applied Assessment

On, or in the vicinity of a heritage place, a telecommunications facility should be sited and designed with external colours, finishes and scale sympathetic to those of the heritage place. A heritage place is a heritage place listed in the schedule to the Heritage Overlay in the Planning Scheme.

The subject site is in the vicinity of a heritage place as the Bendigo Pottery is an individually listed site in the Heritage Overlay. The application site was chosen in preference to the Pottery in part owing to the fact it was within a Heritage Overlay. In terms of materials, the facility consists of a concrete pole and pale eucalypt equipment shelter which are appropriate materials given the industrial context of the site.

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How principle should be applied Assessment

Equipment associated with the telecommunications facility should be screened or housed to reduce its visibility.

The associated equipment is located within a fenced compound. Despite the industrial zoned context of the site it has been assessed that screening of the compound should be provided and a condition requiring this forms part of the recommended conditions.

A telecommunications facility should be located so as to minimise any interruption to a significant view of a heritage place, a landmark, a streetscape, vista or a panorama, whether viewed from public or private land

With the exception of the Pottery there are no sites of heritage significance. Likewise, there are no noted landmark vistas or panoramas (most commonly designated by the Significant Landscape Overlay for example). In terms of the impact of the facility, from the proposed location it is concluded that the visual impact from both private and public land is not unreasonable. The photo montages below illustrate the visual impact of the facility when viewed from two noted viewpoints.

Figure 3: Looking east from Midland Highway toward application site.

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Figure 4: Looking south from Village Epsom Shopping Centre.

Telecommunications facilities should be co-located wherever practical.

As a first preference, colocation is always thoroughly examined when seeking to increase mobile phone coverage. Co-location offers reduced visual impacts, considerably lower costs and a speedier decision making process, as such this is only ruled out where it cannot be suitably achieved.

How principle should be applied Assessment

Wherever practical, telecommunications lines should be located within an existing underground conduit or duct.

Not applicable.

Overhead lines and antennae should be attached to existing utility poles, towers or other radio communications equipment to minimise unnecessary clutter.

The assessing officer is satisfied the applicant has genuinely investigated the co-location option and this is documented in the supporting report submitted with the application to the City.

Health standards for exposure to radio emissions will be met.

How principle should be applied Assessment

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How principle should be applied Assessment

A telecommunications facility must be designed and installed so that the maximum human exposure levels to radio frequency emissions comply with Radiation Protection Standard – Maximum Exposure Levels to Radiofrequency Fields – 3kHz to 300 GHz, ARPANSA, May 2002.

At a distance of 210.83 metres from the site the highest level of electromagnetic energy (EME) output from the facility will occur. The maximum output at this location will emit 0.36% of the allowable limit of EME in accordance with the Federal Government regulatory framework.

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

How principle should be applied Assessment

Soil erosion during construction and soil instability during operation should be minimised in accordance with any relevant policy or guideline issued by the Environment Protection Authority.

The applicant submission details that the facility will be constructed in accordance with best practice environmental management.

Construction should be carried out in a safe and effective manner in accordance with relevant requirements of the Occupational Health and Safety Act 1985.

As above.

Obstruction or danger to pedestrians or vehicles caused by the location of the facility, construction activity or materials used in construction should be minimised.

In terms of impacts associated with construction any impacts would be short lived as vehicles enter and exit the subject site for construction activity. Longer term impacts, in terms of the new crossover are not anticipated as the site is within an Industrial Zone which would experience a low level of pedestrian movement.

Where practical, construction should be carried out during times that cause minimum disruption to adjoining properties and public access.

The applicant is required to adhere to EPA guidelines around hours and days where construction is to occur.

Traffic control measures should be taken during construction in accordance with Australian Standard AS1742.3 – 2002 Manual of uniform traffic control devices – Traffic control devices on roads.

The applicant is aware of their obligations in this regard and would liaise with the City in terms of traffic control required during the construction phase.

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How principle should be applied Assessment

Open trenching should be guarded in accordance with Australian Standard Section 93.080 – Road Engineering AS 1165 – 1982 – Traffic hazard warning lamps.

The applicant is aware of their obligations in this regard.

Disturbance to flora and fauna should be minimised during construction and vegetation replaced to the satisfaction of the land owner or responsible authority at the conclusion of work.

No vegetation on the site or in the road reserve is required to be removed for the facility.

Street furniture, paving or other existing facilities removed or damaged during construction should be reinstated (at the telecommunication carrier’s expense) to at least the same condition as that which existed prior to the telecommunications facility being installed.

The applicant is aware of their obligations in this regard.

Objections A written response to the grounds of objection (prepared by the permit applicant) was prepared and provided to objectors to the application along with the invitations to the consultation meeting. The applicant conducted their own public information session on the proposal at the Epsom Post Office on 13 February between 3:00pm and 7:00pm. On 17 February a consultation meeting for all objectors was conducted by the City, which was attended by Cr. Williams. Four of the six objectors to the application attended the meeting. Earlier that same day (17th), a representative of Telstra, Urbis (permit applicant), an independent radio frequency expert (employed by EMC Technologies) and the assessing officer (City of Greater Bendigo) met with a local business owner who also coordinated the petition opposing the application. This meeting was convened to tour the objector’s place of business and discuss specific concerns regarding impacts on businesses which conduct highly specialized testing of electrical equipment. The independent report tabled on the day of the meeting states that existing businesses using sensitive laboratory equipment will not be impacted by the proposed facility. A copy of the report in question is attached to this report. Quite separate to the consideration of the planning merits of this application, Telstra is prepared to give a formal written undertaking to those who perceive an impact on business operation, setting out what remedies are available in the unlikely event that the facility does impact said businesses.

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In terms of other issues raised by objectors, the issue of visual impact (a key consideration) has been addressed earlier in this report. Other issues raised by the objections including:

property devaluation;

impacts of electromagnetic radiation; and

alternative locations for the towers (beyond minor relocation within the site referred to as ‘micro-siting’)

are not relevant statutory planning grounds which can be considered. There are a number of Victorian Civil and Administrative Tribunal decisions including Hyett v Shire of Corangamite [1999] VCAT 794 in McClelland v Golden Plains SC [2013] VCAT 59, Marshall & Ors v Ararat Rural CC [2013] VCAT 90 and Mason v Greater Geelong CC (Includes Summary) (Red Dot) [2013] VCAT 2057 (16 December 2013) in recent times which have sought to clearly articulate the relevant matters a responsible authority (and on review the Tribunal) must take into account.

One objector was an advocate for the facility to be located within the Epsom water reclamation plant (operated by Coliban Water). Whilst other sites may exist which could be equally acceptable on planning merits (and meet the service providers needs in terms of technically viability), the decision for Council must be made having regard to the statutory planning merits of the site where the application has been made.

Conclusion

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

Options

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 (7 in total);

Written petition (57 names);

Applicant's written response to grounds of objection distributed to objectors (Urbis); and

Radio Frequency Fields Assessment (EMC Technologies)

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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the construction of a telecommunications facility (35 metre monopole) at 9 Maynard Drive, EPSOM 3551 subject to the following conditions: 1. NO LAYOUT ALTERATION

The development of the site as shown on the endorsed plans must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

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

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

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

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

permit; (b) The development is not completed within four (4) years of the date of this

permit. In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

City of Greater Bendigo Asset Planning and Design Unit Note: A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve. Consent for Work on Road Reserves The applicant must comply with;

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

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2.5 202 HIGH STREET, KANGAROO FLAT 3555 - 2 LOT SUBDIVISION OF LAND AND CONSTRUCTION OF DWELLING

Document Information

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

Summary/Purpose

Application details: 2 lot subdivision of land and construction of dwelling

Application No: DSD/484/2013

Applicant: Penno Drafting & Design

Land: 202 High Street, KANGAROO FLAT 3555

Zoning: General Residential Zone and adjoins a Road Zone 1 (High Street Service Road)

Overlays: Nil

No. of objections: 3

Consultation meeting held:

18 February 2014

Key considerations: Whether the subdivision and construction of a dwelling accord with Planning Scheme housing policy;

How the dwelling responds to the City’s Character Policy for the area (Precinct Kangaroo Flat 5);

Whether the dwelling complies with ResCode; and

Objector concerns.

Conclusion: The policy, character and ResCode merits of this infill development on this site are appropriate and this report recommends the Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit

Policy Context

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

Planning for Growth

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

Productivity

A diverse, strong and growing economy supports community resilience.

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Report

Subject Site and Surrounds

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

The application site is a rectangular lot of 673 square metres, with a splay on the High Street Service Road/Bank Street corner. The lot was created in 1960 and the dwelling on the land (a single storey, cream brick with a tiled, gable roof) was constructed in 1965. The lot falls in the order of 0.5 metres from the splay to the north east to the south western corner. The balance of the land is largely clear with the exception of a large, deciduous tree located on the Bank Street frontage of the site. The land is located within a well-established neighbourhood and is roughly half way between the main commercial shopping centre of Kangaroo Flat and the Charter Hall Lansell Square and Rocklea shopping centres. A bus stop is located directly opposite the application site in the strip of land dividing the High Street Service Road and High Street proper. Proposal

The proposal seeks to subdivide the land into 2 lots with the lot to contain the existing dwelling proposed to be 420 square metres. This lot will contain a carport accessing the site via the existing Bank Street crossover to the site. The lot proposed for the new dwelling is to be 252 square metres and proposes a new crossover accessing the site, also from Bank Street.

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The dwelling proposed is a contemporary, two storey dwelling, with three bedrooms and attached single garage. A tandem space within the proposed title boundary in front of the garage is proposed to serve as a second car space for the dwelling.

Figure 2: Site plan

Figure 3: Elevation plans.

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Figure 4: 3 dimensional rendering of dwelling as viewed from Bank Street.

The dwelling has gable roof forms with the same pitch as the existing dwelling on the site. This roof form and pitch is replicated on a number of dwellings in the area constructed around the same time. The ground floor of the dwelling is proposed to be of rendered brick construction, with the upper level set back behind the ground floor front wall to be weatherboard. An existing, non-native tree on the site is proposed to be removed which does not require planning approval.

Planning Controls - Greater Bendigo Planning Scheme

The site is within a General Residential Zone which triggers the need for a permit to subdivide and construct the dwelling. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework:

Open space (clause 11.03). Regional development (clause 11.05). Sustainable development (clause 15.02). Residential development (clause 16.01). Housing form (clause 16.02). Integrated transport (clause 18.01). Movement networks (clause 18.02). Municipal Strategic Statement:

Municipal profile (clause 21.01). Key issues and influences (clause 21.02). Vision - strategic framework (clause 21.03). Strategic directions (clause 21.04). Settlement (clause 21.05).

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Housing (clause 21.06). Infrastructure (clause 21.09). Reference documents (clause 21.10). Monitoring and review (clause 21.11). Local Planning Policies:

Kangaroo Flat 5 Character Policy (clause 22.18). Zone:

General Residential Zone (clause 32.08). Other Relevant Provisions:

Car parking (clause 52.06). Land adjacent to a road zone (clause 52.29) ResCode (clauses 55 & 56). Decision guidelines (clause 65). Referral and notice provisions (clause 66).

Consultation/Communication

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

Referral Comment

VicRoads No objection and no conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Public Notification The application was advertised by way of notices on the site (both the High Street Service Road and Bank Street frontages of the site) and letters to adjoining owners and occupiers. As a result of advertising, 3 objections were received, with the grounds of objection being:

Privacy (overlooking) and overshadowing concerns;

Character, design and building massing concerns;

Traffic and parking concerns;

Noise concerns; and

Property devaluation concerns

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A consultation meeting attended by all objectors, the assessing officer and the permit applicant and owner of the land was conducted at the application site. The objections, which were not resolved as a result of the onsite meeting, are discussed below.

Planning Assessment

Does the proposal accord with Planning Scheme policy relating to medium density housing? Clause 11.05-4 (Regional planning strategies and principles) has objectives to limit urban sprawl and direct growth into existing settlements, promoting and capitalising on opportunities for urban renewal and redevelopment. The objective of Clause 15.01 (Urban environment) aims to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity and subdivisions that are attractive, liveable, walkable, cyclable, diverse and are sustainable neighbourhoods. Clause 15.02 Sustainable development seeks to achieve energy and resource efficiency in development proposals and encourages development that is consistent with the efficient use of energy and the minimisation of greenhouse gases. Clause 16.01 Residential development has objectives which promote a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is both water and energy efficient. The local provisions of the Planning Scheme, Clause 21.06 (Housing) and the referenced Bendigo Residential Development Strategy 2004 identify the site as being within existing urban zoned land (being residential) hence policy support for some form of medium density development on this site exists, subject of course to consideration of whether the proposed development is site responsive and appropriate with regard to character. The State and Local Policy framework of the Greater Bendigo Planning Scheme lends support for an intensification of development on well serviced sites which are in proximity to a full range of urban services including public transport and local convenience shopping. Does the proposal represent an appropriate outcome with reference to Residential Character Policy and ResCode? The site is not subject to a specific overlay that seeks to regulate built form (for example a Heritage or Neighbourhood Character Overlay). Character remains an important consideration being the first objective and standard of ResCode. The City’s Residential Character Policy further guides consideration of the appropriateness or otherwise of how a development responds to character. The site is within Kangaroo Flat Character Precinct 5 which the policy describes as:

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‘An area of housing built since the 1950s, in which roof shapes are often important as they provide a consistent theme. The horizontal emphasis of the dwelling form results from the long, low elevations of the buildings in relation to their height. Absence of front fences in some areas creates an open feel to the streetscape.’

The statement of desired future character is that the ‘The horizontality and articulation of the dwellings, and the openness of streetscapes, will be maintained’. The desired future character is to be achieved by the following objectives and design responses:

Objectives Suggested Design Response

To maintain and strengthen the garden settings of the dwelling.

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

Comment: A landscape plan of suitable quality has been prepared.

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

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

Comment: As the site is a corner site, a complying front setback (as per ResCode) would be matching the setback of the side wall of the existing dwelling which 2.891 metres. The adjoining dwelling at Bank Street is setback 7.1 metres. The proposed dwelling is between both these setbacks at 4.077 metres for the front wall, and the attached garage 5.51 metres. This setback has been assessed as being appropriate as the result in the street will be that setbacks of walls will be staggered which will not impact the rhythm of spacing of front setbacks in the street.

To reflect the existing rhythm of dwelling spacing.

Buildings should be setback 2 metres from at least one side boundary.

Comment: A garage wall is proposed on the boundary (west) shared with 16 Bank Street. 16 Bank Street also has outbuildings constructed on its boundary, although starting at a deeper point on that lot than the proposed wall. The suggested design response is met as the proposed dwelling is setback 4.082 metres from the proposed side boundary (east) with the existing dwelling.

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

Respect the predominant building height in the street and nearby properties. The height of the dwelling at the front of the dwelling should match the typical single storey wall height. Use low pitched roof forms.

Comment: The dwelling proposed is two storey; the predominant building height is single storey. The suggested design response is met owing to the intelligent building design featuring:

a set back and articulated upper level; and

use of a combination of gable ended and skillion shapes. This submitted design response serves to break up the visual bulk of the dwelling. The

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Objectives Suggested Design Response

pitch of the roof forms is consistent with the pitch of the existing dwelling and other examples in the area.

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

Use timber or other non-masonry cladding materials where possible, and render, bag or paint brick surfaces in streets where weatherboard predominates.

Comment: The suggested design response has been adopted in that weatherboard cladding is proposed for the upper level and render to the lower.

To maintain the openness of the streetscape.

Provide no or open style front fencing. Front fences should not exceed 1.2 metres other than in exceptional circumstances.

Comment: No front fence is proposed.

In addition to character, the proposal has also been assessed as being in compliance with all ResCode standards and objectives in terms of providing internal and external amenity consideration and complying siting. The proposed dwelling is appropriate in relation to character. Residents’ Objections

Privacy (overlooking) and overshadowing concerns.

The ResCode standard and objective are met in both cases.

Character, design and building massing concerns;

As noted above the proposal has been assessed as meeting the character of the area.

Traffic and parking concerns;

The broadly accepted average number of vehicle movements per dwelling, per day is 10 vehicle movements. The City’s Transport Engineer has not raised any issue with the development with regard to the additional traffic on Bank Street and High Street Service Road or the broader traffic network. With regard to parking, the proposed dwelling provides for a single covered space in a garage and a tandem space in front of the garage (within the title boundary) which meets the Planning Scheme requirements in terms of the required number (2) and their dimensions. The application plans show that a carport, with tandem uncovered space within title boundary is proposed for the existing dwelling. Under the Planning Scheme, the development of one additional dwelling does not trigger the requirement for the provision of a visitor parking space. Parking requirements have been met.

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Noise concerns.

In respect of noise from future residents it is accepted that residential use of the land is “as of right” in a General Residential Zone and it is not a matter to be considered. A ‘normal’ level of noise is assumed for dwelling use and in the event that noise becomes an issue, other legislation exists to address any nuisance resulting from excessive noise.

Property devaluation concerns

A recent Tribunal decision Urban Solutions v Mornington Peninsula SC [2012] VCAT 1863 (3 December 2012) addresses this issue succinctly where it states:

‘There is now established case law which holds that a proposed decrease in property value is an irrelevant consideration. This has been a long standing position by the Tribunal and other than in exceptional cases, and where clear evidence can be presented, loss in property value will not be entertained as a ground of objection’.

Conclusion

The housing policy directions in the State Policy (Clauses 11.02 and 16.01) and the Municipal Strategic Statement of the Planning Scheme generally support medium density housing in appropriate locations such as this. This proposal has been assessed as representing an appropriate response to character where the impacts have been limited to reasonable levels as required by ResCode. The proposal is recommended for approval.

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.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the 2 lot subdivision of land and construction of dwelling at 202 High Street, KANGAROO FLAT subject to the following conditions: 1. NO ALTERATION TO LAYOUT

The subdivision and development permitted by this permit as shown on the endorsed plans (Sheets 1-15 prepared by Penno Drafting and Design dated 16 August 2013) must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

2. LANDSCAPING MAINTENANCE

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

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

4. GENERAL EXTERIOR TREATMENT The exterior treatment of the dwelling 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 dwelling must be maintained to the satisfaction of the responsible authority.

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

6. DETAILED DRAINAGE PLANS: Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) direction of stormwater run off (b) a point of discharge for each lot (c) independent drainage for each lot

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

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

9. DRAINAGE WORKS Prior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in conditions 6-8 above.

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

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

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

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

14. 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.

15. FENCING OF SITE The fences as shown on the endorsed plans must be erected and maintained to the satisfaction of the responsible authority.

16. SERVICE AUTHORITY CONDITIONS (TENIX, POWERCOR AND COLIBAN WATER)

(a) The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

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

(c) The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with section 8 of that Act.

17. TELECOMMUNICATIONS

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

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

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

(b) Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

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

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

18. EXPIRY OF THE PERMIT - SUBDIVISION AND DWELLINGS

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

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

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

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

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City of Greater Bendigo Asset Planning and Design Unit Note: A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve. CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with; (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005, and (c) Road Management (General) Regulations 2005 with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this note on this planning permit is not deemed to have been notified of, or to have given consent, to undertake any works within the road reserve as proposed in this permit.

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2.6 12 LYONS STREET, WHITE HILLS 3550 - AMEND A PERMIT TO ALLOW A 3 LOT SUBDIVISION

Document Information

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

Summary/Purpose

Application details: The applicant seeks to amend an existing permit to allow for a three lot subdivision, instead of a two lot subdivision.

Application No: AM/139/2012/A

Applicant: G N Price

Land: 12 Lyons Street, WHITE HILLS 3550

Zoning: Abuts Road Zone 1 General Residential Zone

Overlays: Nil

No. of objections: 2

Consultation meeting held:

A consultation meeting was held on 17 December, 2013. The issues were not resolved.

Key considerations: Is the proposed subdivision in keeping with the character of the neighbourhood?

Will extra traffic compromise traffic safety in the area?

Conclusion: The proposed subdivision is not in keeping with the existing character of the surrounding streetscapes. The proposed subdivision of the site does not comply with the Planning Scheme and thus an amendment to the permit should not be granted. The site is better suited to a two lot subdivision, as approved in the original application.

Policy Context

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

Planning for Growth

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

Productivity

A diverse, strong and growing economy supports community resilience.

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Background Information

A planning permit for a two lot subdivision was issued for this site in July 2012. The area of the approved lots is 701 and 320 square metres. Access to Lot 1 is from Raglan Street, while Lot 2 is accessed via Lyons Street.

Figure 1: Plan of subdivision approved in July, 2012.

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

Report

Subject Site and Surrounds

The subject site is located in an established residential area of White Hills, on the corner of Lyons Street and Raglan Street. The site is generally rectangular in shape with an area of 1021 square metres. An existing dwelling is located on the south western end of the site. A shed is located in the northern end of the site. The land slopes gently to the northern end of the site. Services, including reticulated water and sewerage, power, gas and telecommunications are connected to the site. A large tree is located in the eastern end of the site, which tends to soften the area between the existing dwelling and the abutting dwelling to the east. A very large Candle Bark Gum is located in front of the existing dwelling in Lyons Street. The surrounding area is comprised of a mixture of small to medium, conventional, detached family homes and newly created vacant lots. The abutting properties to the north and the west are comprised of single storey dwellings. The width of the lots along Lyons Street, between Napier and Raglan Streets range between 10 metres and 50 metres. No 8 Lyons Street is comprised of two lots, with one lot having a width of 10 metres and is currently vacant. The area of the established lots tends to range between 450 and 1,100 square metres. Front yards tend to be spacious in size, but generally have small gardens. There are a mixture of native and exotic street trees that line road reserves of Raglan Street and Lyons Street.

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The site is located within reasonable proximity to the White Hills shopping precinct, schools and a number of recreational facilities. A permit has been issued for a 21 lot subdivision diagonally across from the site on the corner of Lyons Street and Cambridge Crescent. The mean average of the area of these lots is approximately 363 square metres, with all lots having a frontage to Lyons Street of not less than 13 metres. An application for a 17 lot subdivision located at 21 Plumridge Street is currently being assessed by the City’s Planning staff. The main entry to this subdivision is via New Street, which is located directly opposite the northern end of the site. The area of the proposed lots generally ranges between 500 and 600 square metres. Proposal

The applicant seeks approval to amend the existing planning permit to allow for a three lot subdivision, rather than a two lot subdivision. The proposal is to now to create Lot 3 which would have an area of 306 square metres. The area of Lot 1 would remain 320 square metres, while Lot 2 would be reduced to 395 square metres (from 701sqm). Lot 1 and Lot 3 would be accessed off Raglan Street and Lot 2 would be accessed off Lyons Street. The rear verandah of the existing dwelling on Lot 2 will be altered to allow access for Lot 3. The applicant has provided a notional dwelling plan for Lot 3.

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Figure 3: Proposed amendment to the plan of subdivision.

Planning Controls - Greater Bendigo Planning Scheme The site is in the General Residential Zone (GRZ) and abuts the Road Zone Category 1 (RDZ1). A permit is required under the zone and the road abuttal provisions to subdivide the site. The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application: State Planning Policy Framework:

Regional development (clause 11.05).

Urban environment (clause 15.01).

Sustainable development (clause 15.02).

Integrated transport (clause 18.01).

Movement networks (clause 18.02).

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Municipal Strategic Statement:

Municipal profile (clause 21.01).

Key issues and influences (clause 21.02).

Vision - strategic framework (clause 21.03).

Strategic directions (clause 21.04).

Settlement (clause 21.05).

Housing (clause 21.06).

Environment (clause 21.08).

Infrastructure (clause 21.09).

Reference documents (clause 21.10). Local Planning Policies:

Salinity and erosion risk policy (clause 22.04).

White Hills residential character policy (clause 22.26) Other relevant provisions:

Land adjacent to a Road Zone, Category 1 (clause 52.29)

Residential Subdivision (clause 56)

Decision guidelines (clause 65).

Referral and notice provisions (clause 66).

Consultation/Communication

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

Referral Comment

Powercor No objection subject to conditions

Coliban Water No objection subject to conditions

VicRoads No objection subject to conditions

Tenix No objection subject to conditions

Traffic & Design (Internal) No objection subject to conditions

Drainage (Internal) No objection subject to conditions

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

The proposed subdivision is not in keeping with the character of the neighbourhood, in particular, the frontage of Lot 3 is narrow compared with other lots in Lyons Street.

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The small size of Lot 3 will lead to inappropriate development.

Proposed vehicle access to Lot 3 is via a narrow driveway.

The proposed subdivision will provide limited private open space for the existing dwelling.

The application should include the partial demolition of a rear verandah.

Proposed subdivision will cause further traffic congestion, particularly during school hours.

The objections are discussed below. A consultation meeting was conducted. The issues were not resolved.

Planning Assessment

Neighbourhood Character

A key issue for this proposal is how the inclusion of Lot 3 will affect the neighbourhood character of Lyons Street. The site is located within Precinct 3 of the White Hills residential character policy, where the desired future character for the precinct is to maintain the spacious, garden suburb qualities of the streetscapes. There are three elements which contribute to the character of this neighbourhood, namely, pattern of the layout of the area, built form and maintenance of spacious garden qualities in the area. Pattern of Development In the vicinity of the subject site, lots range between 450 and 1,100 square metres. These lots were mainly developed with small to medium detached dwellings through the 1950’s and the 1960’s. The lots along Raglan Street generally have frontages of 18 – 20 metres, which have enabled generous side setbacks from boundaries. The pattern of development differs along Lyons Street. The short section of Lyons Street between Napier Street and Raglan Street is comprised of five lots which have direct frontage to Lyons Street, and can still maintain wide side setbacks. The remaining three lots have frontage to either Napier Street or Cambridge Crescent, but each still maintain a separate secondary vehicular access off Lyons Street. The area along Lyons Street, west of Raglan Street is largely undeveloped. Over the years, the layout of the area has generally remained unchanged. The proposed layout of Lot 3 differs considerably from the existing lot pattern in both streets, but particularly along Lyons Street. Even though the lot is proposed to be 306 square metres, 70 square metres of this area is designated as a driveway off Raglan Street, leaving a balance of approximately 236 metres for the construction of a dwelling fronting onto Lyons Street. The proposed width of Lot 3 is 8.63 metres and will certainly constrain any future dwelling from achieving reasonable side setbacks. In relation to access and driveways, all of the lots along the section of Lyons Street between Napier Street and Raglan Street/Cambridge Crescent have vehicular access to Lyons Street. The existing pattern of development will be interrupted with the absence of a driveway on Lot 3.

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Built Form With regard to the built form of the area, single storey conventional dwellings located on medium sized lots dominate. The dwellings in the area are a mixture of brick and weatherboard with both tin and tiled roofs. The lots tend to have generous side setbacks, allowing a sense of spaciousness in the front yards. In response, the narrow width and shape of the site has the potential to cause considerable concern for the future development of Lot 3. The applicant has provided indicative plans for a double storey dwelling on Lot 3. The scale and visual bulk of a double storey structure on this narrow lot, in particular, the height of the proposed building and narrow building shape will differ considerably from the existing dwellings on the abutting properties and indeed the rest of Lyons Street. A dwelling on this lot has the potential to appear “wedged” between the abutting properties, and therefore will not respect the existing streetscape Vegetation A medium sized exotic tree is located to the east of the existing dwelling. The tree tends to soften the area between the existing dwelling on the site and the abutting property. This tree will be removed to make way for the construction of a dwelling on Lot 3. The tree removal will not be in keeping with the desired characteristic of the precinct to maintain spacious garden qualities of the streetscape. Overall, the three lot subdivision proposed of the site will not respect the objectives of the White Hills residential character policy and will detract from the character of the existing streetscape.

Traffic The site is located on the corner of Lyons Street and Raglan Street. Lyons Street is zoned as a Category 1 road in the Planning Scheme and is also known as a City of Greater Bendigo sub-arterial road. Sub-arterial roads are capable of carrying up to 3,000 traffic movements per day. Lyons Street has between 1,900 – 2,800 traffic movements per day. Raglan Street is a local road, with a width of 9.5 metres. There has been no recent traffic counts undertaken along Raglan Street, but the City's Traffic Engineer advised that traffic movements would not exceed 2,000 traffic movements per day. A footpath is located along the Lyons Street frontage. The traffic likely to be generated by two additional residential lots amounts to approximately twenty traffic movements per day. These traffic volumes are acceptable to the City's Traffic Engineer and VicRoads. The intersection of Lyons Street and Raglan Street is busy at peak times, but two additional dwellings within Lyons Street and Raglan Street will not cause any adverse impact on traffic safety.

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Other Matters One of the objectors had two additional concerns. First, the application should have included the partial removal of the rear verandah of the existing dwelling. Second the proposed creation of Lot 3 will cause limited private open space for the existing dwelling. In response, there is no trigger in the Planning Scheme for the removal of part or whole of a dwelling on this site. Approval of the partial removal of a building would be assessed under the relevant Building controls. The private open space for the existing dwelling is adequate, with two areas available in the west and north east sections of the site.

Conclusion

The proposed 3 lot subdivision of the site does not comply with the Planning Scheme and thus an amendment to the permit should not be granted. The site is better suited to a two lot subdivision, as approved in the original application.

Options

Council, acting as the responsible authority for administering the Planning Scheme, may resolve to grant an amendment to the permit, or refuse to grant an amendment to the permit.

Attachments

Objections.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant an Amendment to Permit (DSD/139/2012) for a three lot subdivision at 12 Lyons Street, White Hills, 3550 on the following grounds: 1. The proposed subdivision will result in the development of a future dwelling fronting

Lyons Street that will detract from the character and appearance of the streetscape, and thus, will not be in keeping with the desired future character, noted in the White Hills residential character policy.

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2.7 REVISED GREATER BENDIGO RESIDENTIAL DEVELOPMENT STRATEGY

Document Information

Author Andrew Cockerall, Coordinator Strategic Planning Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

To summarise the strategic direction of the draft revised Greater Bendigo Residential Development Strategy and to seek Council approval to release the document for public exhibition for a period of two months.

Policy Context

Council Plan Reference: Action 1.3.1 – Complete the Residential Development Strategy Review, encompassing the urban growth boundary, new growth areas, housing diversity and medium density infill residential options. Strategy Reference: Bendigo Residential Development Strategy (2004): http://www.bendigo.vic.gov.au/News/Publications/Documents_listing/Residential_Development_Strategy Regional Strategic Plan Reference: The Loddon Mallee South Regional Growth Plan forecasts that Bendigo will accommodate “significant growth” and consolidate its role as a major regional centre. The “State of Cities” section of Plan Melbourne identifies that Bendigo will need to absorb a growing proportion of the State's growth.

Background Information

The current Residential Development Strategy is now 10 years old. During this time there has been a significant amount of development in Bendigo, accelerated population growth and a number of other legislative and policy changes, such as the recommendations of the Victorian Bushfire Royal Commission.

It is time to review the Residential Strategy to ensure that it aligns with community expectations and current planning regulations and practice.

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Previous Council Decision Dates: 15/06/11 Council endorsed the brief for the review. 29/02/12 Council adopted the Audit of the Residential Development Strategy 06/03/13 Council released the Issues and Options Paper 21/08/13 Council sought Ministerial Amendment for the conversion of the residential

zones.

Report

Introduction The Bendigo Residential Development Strategy (BRDS) was adopted in 2004 and provides a framework for identifying what Bendigo's future housing needs will be and how they can be accommodated up until 2030. The strategy identified five components to accommodate Bendigo's future growth. The five components are:

Urban Containment - encouraging better use of existing residentially zoned infill sites;

Core Development - higher density housing around the Bendigo CBD, Hospital and University precincts;

Community Focussed Development - higher densities along transport corridors.

New Development Areas - "greenfield" areas that include Jackass Flat, Huntly, Strathfieldsaye and Maiden Gully North East, and

Satellite Development - growth and expansion of Marong as a satellite township. The graph on the following page indicates the stages of the Residential Strategy Review. Stage 1 - the Audit has been finalised. The draft revised Residential Development Strategy being considered by Council represents Stage 4 of the project. Audit The first stage in the review of the BRDS was to audit the existing document, which involved extensive research and analysis. The purpose was to assess whether the existing principles and objectives of the BRDS remain relevant, how the implementation of the growth components is progressing, and what has changed in legislative or policy context since the BRDS was finalised in 2004.

The Audit found that the current strategy "has not failed; it is not fundamentally flawed or out dated in terms of principles". The Audit did find that a more detailed review of the BRDS is required in order to identify current priorities, clarify areas of responsibility, regain community and stakeholder support, and to respond to current and emerging trends. There had also been significant policy and legislative change which must be considered as part of the review of the BRDS. These changes include various revisions to State Planning Policy, the Transport Integration Act 2010 and changes resulting from the Bushfire Royal Commission.

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Issues and Options The next stage of the project was the preparation of an Issues and Options Paper. Five key issues for future residential development were identified:

1. Bendigo’s role as a regional city – building on our significant role within the region and state.

2. A growing and changing community – planning for a sustainable and liveable community.

3. Moving around Greater Bendigo – creating accessible communities. 4. Our community, our environment – balancing the needs of the environment with the

growth of our community.

Audit - Completed

• Identification of issues and options that impact on the future growth of Greater Bendigo

Issues & Options - Draft Completed

• There will be a series of community information sessions, workshops and listening posts as well as updates of the website

Exhibition of Issues and Options -

Completed

• Preparation of final review document following community feedback on the issues and option.

• Further stakeholder engagement required.

Revised Residential Strategy - Completed

• Draft available for public comment following consideration by Council

• April - May 2014

Exhibition of Revised Strategy

• Implement the recommendations of the Review into the Greater Bendigo Planning Scheme.

• September onwards

Adoption and Planning Scheme

Amendment

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5. More efficient use of land – maximising development opportunities in a sustainable way.

Each of these issues included discussion on topics such as:

The Regional Growth Plan;

Demographic information;

Planning for health;

Housing needs and affordable housing;

Heritage;

Linking transport and land use;

Achieving higher density housing in activity centres;

Vegetation and biodiversity;

Bushfires;

The Urban Growth Boundary (UGB);

Promoting the use of surplus crown land, and more. Various options were put forward within the document intended to form the basis for community discussion. Finally, the Issues and Options Paper presents a series of maps as to how future growth might be accommodated. These include:

Consolidation – This option proposes no change to the UGB, that we maximise the use of existing residential land, and investigate other sites within the UGB, such as former mining sites;

Greenfield – There are a number of sites where there is developer/landowner interest in residential development. No judgements are made as to whether one particular greenfield site is more appropriate than another, and

Transit Oriented Development – Encouraging higher densities around activity centres and along major transport corridors.

While there was support for all three options, the consolidation option received the highest level of community support. Greater Bendigo Residential Development Strategy Planning for growth in Greater Bendigo is a complex task. There are a wide range of social, environmental, and economic issues to be considered. Often the issues are in conflict with each other. Included in the key findings of the draft strategy are:

By 2031 the population will be 145,000+ which will need an additional 16,800 dwellings;

If we develop at the average current rate of 12 dwellings per hectare we will need 1,400 hectares of additional urban land. If this density is increased to say 20 dwellings per hectare we will only need 840 hectares;

We need long term planning to accommodate a population of in excess of 200,000;

Approximately 85% of new dwellings are built in the Bendigo urban area, the remaining are in small towns and rural areas;

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In 2011, 27.5% of households were couples with children, but 90% of recent dwellings have been the traditional “family home”;

In 2012 the residential construction industry had a total output of $677 million and accounted for 6% of total employment, and

By 2031 it is projected that 57% of households will be one or two person. In addition to this there are a number of challenges and trends that need to be considered in how we plan for growth:

A number of health issues including rising obesity rates;

How to promote more active forms of transport and general wellbeing;

How risk is managed, principally in relation to fire and flood, and

How to address the over reliance on the car, as the primary form of transport. In terms of how this growth is planned for, there are essentially two options - Business as Usual or Best Practice:

The Business as Usual approach means that new greenfield sites continue to be developed on the urban fringe with a minor infill component. These neighbourhoods would be reliant on the car as the primary mode of transport, which increases vehicle congestion. Development would be pushed into areas subject to environmental risk and health standards would decline. There are higher costs to Council with the Business as Usual approach with pressure to provide infrastructure, facilities, and services to dispersed communities.

Best Practice means having a more compact and connected urban area. This approach provides for more choice in housing; increased densities in nominated areas; having much greater transport choice; having more vibrant activity centres and providing greater vegetation protection. Best Practice is about building on Greater Bendigo’s liveability.

The draft revised Greater Bendigo Residential Development Strategy is advocating for a best practice approach to planning for growth. For any major strategy it is important to have a clear vision of what the strategy seeks to achieve. The vision identified in the revised strategy is: Greater Bendigo – Working together to be Australia’s most liveable Regional City. Following from the vision are a set of objectives that are based on the objectives in the 2004 strategy:

To provide for a range of housing types and densities that respond to the changing needs of the community;

To provide and support affordable housing opportunities;

To promote more intensive residential development proximate to activity centres and along major transport corridors and nodes;

To ensure residential areas are accessible by a variety of transport modes;

To promote the intensive development of sites that are highly accessible by a variety of transport modes;

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To protect the environmental assets of Greater Bendigo and in particular Crown Land and areas with significant biodiversity values;

To avoid development in areas of higher levels of risk from bushfire and flooding;

To ensure new development demonstrates high levels of sustainability and builds community resilience to the impacts of climate change by promoting sustainable development, eg building orientation;

To ensure that new developments are complementary to existing areas of heritage or neighbourhood character values;

To ensure that medium and higher density housing is of high quality design;

To ensure that open space and the public domain are attractive and accessible;

To create communities that promote social interaction and healthy living, and

To achieve high levels of community safety. History has shown that simply having a vision and objectives does not guarantee that development will follow. It is necessary to have a range of tools in place to implement this vision. These tools include having supporting planning policies in place, ensuring the appropriate statutory planning provisions (zones and overlays) exist, working in partnership with various stakeholders and investing in infrastructure. In relation to implementing the revised strategy there are a number of key recommendations, these include:

No significant changes to the Urban Growth Boundary (UGB);

Once the strategy is adopted after the consultation period, it is recommended that rezoning requests for land outside the UGB not be considered until 2024, at which time the strategy will be reviewed again;

Strengthen policies around consolidating the urban area and encouraging higher densities in nominated locations, particularly around activity centres;

Using the Residential Growth Zone in appropriate locations;

Developing the concept and practice of 10 minute neighbourhoods;

Ensuring that there is a choice in transport options;

Preparation of residential development guidelines to improve the design of housing developments;

Prepare an Open Space Strategy and a series of Urban Design Frameworks to improve the public realm;

Prepare structure plans for small towns to encourage greater residential development;

Biennial monitoring and reporting on the progress of the strategy and the housing market to ensure there is a sufficient supply of residential land for residential development, and

Investment in infrastructure including sustainable transport infrastructure. A number of these recommendations are reflected on the Bendigo Urban Area Residential Growth Framework map on the following page. Next Steps The next stage of the project is to release the draft for community comment for a period of two months. The extended exhibition period reflects the importance of the project.

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During this time there will be a series of targeted and community workshops, listening posts, public notices, surveys, press releases, interviews, project updates and extensive use of social media and website updates. During the exhibition period landowners will be provided with the opportunity to have land included with the UGB. Any alterations to the boundary would be minor in nature and would need to be strategically justified. Any requests that are received would be assessed and presented to Council for a decision prior to adoption of the final document and commencement of the planning scheme amendment process. In addition to the detailed strategy document, a summary of the strategy has been prepared, as well as a one page overview to give the community a high level understanding of the document.

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Priority/Importance: This project is a high priority. The current Residential Strategy is now over 10 years old and is due for a review. There is a pressing need to ensure that future growth aligns with current statutory and policy requirements as well as changing community expectations. Options/Alternatives: Given the critical nature of this project no other options are considered feasible. Timelines:

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A further report will be prepared for Council following the exhibition period that discusses the submissions received, any recommended changes to the revised strategy and next steps to Council in September/October. The exact date will depend on the nature of the submissions received and whether further investigations are required. Risk Analysis: The options being put forward are intended to trigger community discussion on the future growth of Greater Bendigo. Some aspects of these options are likely to result in differing opinions within the community. This is intended to happen.

Consultation/Communication

Internal Consultation: Internal departments consulted with during the preparation of the revised strategy include the Planning Department, Engineering and Public Space, Economic Development Unit and the Sustainable Environment Unit. External Consultation: There have also been extensive external consultation sessions in preparing the revised strategy. These include a session with representatives of the Urban Development Institute of Australia, the Positive Ageing Committee working group on housing, Natural Environment Advisory Committee, Bendigo Sustainability Group and various government and servicing agencies.

Resource Implications

Budget Allocation in the Current Financial Year: $30,000 Previous Council Support: $40,000

External Funding Sources: $50,000 from Regional Development Victoria

Current Estimate or Tender Price: N/A

Any known or anticipated variance to budget: N/A

Projected costs for future financial years: There will be costs associated with a planning scheme amendment in the 2015/16 financial year and costs associated with further strategic work.

Any ongoing recurrent expenditure required: N/A

Conclusion

The preparation of the draft Greater Bendigo Residential Strategy is the culmination of two years of research, consultation and writing. The revised strategy establishes a framework to guide future residential development and is firmly focussed on consolidation of the urban area. The strategy sets out a range of implementation measures to achieve this strategic direction that includes planning policy changes, rezonings, further strategic work, and infrastructure investment.

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The next stage is to release the draft for community comment for a period of two months to allow the community to have input into the future growth of Greater Bendigo.

Attachments

1. Greater Bendigo Residential Strategy Overview 2. Greater Bendigo Residential Strategy Summary 3. Greater Bendigo Residential Strategy, Vol. 2 Analysis, Strategy and Implementation

RECOMMENDATION

That the Greater Bendigo City Council resolves to release the draft Greater Bendigo Residential Strategy for community comment for a period of two months.

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2.8 PARKING FOR HOSPITAL PROJECT

Document Information

Author John Hasty, Coordinator Parking Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

The purpose of this report is to update Council on the progress of public parking for the hospital project. The report also recommends that Council:

Not introduce paid parking around the hospital area at this time.

Make minor adjustments to times of operation on the restricted parking bays around the main hospital block.

Introduce 2 hour parking into Drought Street between Flood and Arnold Streets.

Policy Context

City of Greater Bendigo Council Plan 2013 - 2017 Objectives:

Work with the community to ensure Greater Bendigo continues to be a great place to live.

Background Information

A report was considered by Council at its meeting of 23 October 2013 on the progress for the planning of public parking for the hospital project. Six recommendations were considered by Council;

Adopting priorities and objectives to manage parking in the hospital precinct;

Introduce paid parking around the hospital block;

Approve the recruitment of a dedicated parking officer to enforce parking within the hospital precinct for the duration of the building project;

Introducing some time restricted parking in residential streets to assist residents with availability of parking;

Advise residents in the hospital precinct, hospital staff and the general community of the planned initiatives;

Not introduce Resident Exclusive Parking. Of the recommendations, paid parking was not adopted. Council resolved that the matter be reviewed and reported back to Council.

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Report

Parking time restrictions are essential to the effective functioning of the hospital precinct. To assist patients and their visitors with access to the hospital and associated medical services in the area, the streets located directly adjacent to the hospital are time restricted and have been for some time. The time restrictions around the hospital are predominately 90 minutes and 3 hour parking. These restrictions have been implemented in consultation with Bendigo Health and are consistent with the City of Greater Bendigo Parking Restriction Policy. Approximately 1,200 letters were dropped to properties within the hospital precinct in early November 2013. This was to update residents on what the City can do to assist with their parking concerns during the construction phase. Residents were encouraged to contact the City of Greater Bendigo with any concerns that they may have had in relation to parking. Between late October 2013 and the end of January 2014, 45 service requests have been received in relation to parking issues in the hospital precinct. In addition to these requests, staff from Parking and Animal Services have responded to phone enquiries, spoken directly to residents and the general public in relation to their interest and enquires concerning the hospital precinct. In direct response to the letter drop, 13 requests for service were received. Of these, 5 were to request the installation of small pockets of time restrictions. These requests were investigated and feedback provided to the residents concerned. A summary of the requests for service is outlined below. The requests vary and include but are not limited to officers attending and taking enforcement action to providing information over the phone. In all instances, residents were provided with follow up communication to ensure that they were aware of what action could or could not be taken or similarly what outcome could or could not be achieved. Summary of Requests

Vehicles parking too close or obstructing driveways.

Vehicles parking on nature strips.

Abandoned/unregistered vehicles.

Safety concerns near intersections ('No Stopping' signs installed).

Moving of signs to create additional parking.

Enforcement of illegal parking; e.g. Taxi zones, disabled bays.

Installation of time restrictions.

Clarification on where and where not to park.

Requests for introduction of small pockets of time restricted parking.

o Barkly Street – outcome was no restrictions, as there were existing restrictions

within close proximity.

o Lucan Street – outcome was no restrictions, as there were existing restrictions

within close proximity.

o Harney Street – resident withdrew request.

o Waterloo Street – small pocket of time restrictions installed.

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o View Street - outcome was no restrictions, as there were existing restrictions

within close proximity.

Concern from residents regarding the possible introduction of large areas of time restrictions in front of their properties (did not want to see them introduced).

Information provided on how resident permits operate. Bendigo Health was forwarded a copy of the letter sent to residents. Bendigo Health were also provided with a parking map of the hospital area that included walk times, bus stops, restricted parking areas adjacent to the hospital, off street car parks and bike paths. The purpose was to assist Bendigo Health in keeping their staff well informed. Bendigo Health has advised that the map has also been installed on their Intranet for staff. Bendigo Health have provided information to their staff on parking and requested them not to park in restricted parking areas. They also alerted their staff that the City would be employing a dedicated parking officer to enforce parking throughout the hospital precinct. Discussion has been undertaken with Bendigo Health in regard to the times and days that the parking restrictions operate around the hospital block, in Stewart, Bayne, Arnold and Lucan Streets. The current time restrictions commence at 9:00am. It is proposed to amend the start times from 9:00am to 7:00am. This will allow an increased level of flexibility with enforcement and also further discourage workers who are often first on site from utilising time restricted parking. The majority of the restricted parking around the hospital block, in Stewart, Bayne, Arnold and Lucan Streets operate 7 days per week. However, there are some small pockets that operate 5 ½ days per week. It is proposed to amend the signage so that all these restrictions commence at 7:00am and operate 7 days per week. Drought Street, between Arnold and Flood Streets has been identified as a potential location for introducing additional time restrictions as shown in the map below. The proposed restriction is a 2 hour limit. This limit will provide additional medium term parking within close proximity to the Bendigo Hospital. The properties in this location are a mixture of residential and business.

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A time restriction of 3 hours was also considered, however, with the close proximity of the parking bays directly opposite the building site, this would increase the potential for workers in the locale to shift their cars to avoid the time restriction. Visitors or patients attending appointments would be within a short walking distance from the Hospital. To enable comparisons to be made as to the effectiveness of the dedicated parking officer and the increased level of enforcement, surveys including infringement activity, were undertaken prior to and after the officer’s commencement. The dedicated officer commenced on 9 December 2013. To assess the level of vehicles consistently returning to restricted parking areas, registration numbers were recorded on consecutive days in the area around the hospital block. The table below provides a comparison prior to and after the commencement of the dedicated parking officer.

October 2013 – November 2013 December 2013 – January 2014

Approx. 20% Approx. 12%

The table below provides a comparison of the utilisation of time restricted parking around the main hospital block. Whilst the information demonstrates a small change in utilisation during the survey period, it is expected that this parking, which serves as close, convenient parking to the hospital, will continue to be highly utilised.

October 2013 – November 2013 December 2013 – January 2014

Approx. 94% Approx. 85%

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The table below illustrates the level of infringement activity before and after the increase in enforcement.

October 2013 - November 2013 December 2013 – January 2014

93 infringements 295 infringements

Prior to 9 December, Parking Officers had noted/observed staff from Bendigo Health shifting vehicles and returning to restricted parking bays. The dedicated parking officer has provided an increased level of enforcement and has reported that there has been a noticeable reduction in staff returning to vehicles to shift them. The previous report detailed paid parking as being very successful in shifting workers who try to beat time restrictions by shifting from bay to bay. However, this initiative was not well received by the community. Whilst paid parking may be reconsidered in the future, the evidence to date is that the dedicated parking officer is having a positive impact on parking in the area. With the improvements that have been noticeably achieved, paid parking is not considered necessary at this time.

Consultation/Communication

The consultation to date has included;

Letter drop to residents (approx. 1,200).

Information on City of Greater Bendigo website.

Maps provided to Bendigo Health.

Copy of letter to residents provided to Bendigo Health.

Responded to residents’ concerns both by phone and in person.

Localised communication with residents and businesses.

Direct liaison and communication with Lend Lease Site Manager to advise of dedicated parking officer operating in the area and to request information be passed onto their employees to reinforce the requirement to parking legally. This will assist with establishing relationships and communication lines with the construction company.

Bendigo Health has provided their staff with information and updates.

Consultation with Bendigo Health management in relation to proposed changes to parking restrictions.

Consultation with affected businesses and residents in relation to proposed parking changes in Drought Street.

Information has been posted on the City of Greater Bendigo website, including the map of the hospital precinct that indicates;

The location of free restricted parking.

Bus stops.

Bike paths.

Off street car parks.

Approximate walking times from the hospital to surrounding streets.

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Communication with residents has been very positive, with officers ensuring that when responding to concerns, progress is reported back to the resident. This is standard procedure. Residents have been generally appreciative of the timely responses in addressing their concerns. Bendigo Health, affected residents and businesses have been consulted in relation to changing the unrestricted parking on the north side of Drought Street between Arnold and Flood Streets to 2 hours. There were no objections to the proposed introduction of the time restriction. It is anticipated that there may be additional changes required to parking restrictions in the hospital precinct during the construction phase. As part of considering any changes to parking in this area consultation will be undertaken with Bendigo Health and affected businesses and/or residents.

Resource Implications

The changing/amending of signs will cost approximately $2,000. The income from infringements issued around the hospital area is offsetting the costs of the dedicated parking officer.

Conclusion

The introduction of the dedicated parking officer has provided a visual presence in the area. This has assisted in reinforcing the requirement to park legally throughout the hospital precinct. Measurable improvements, as contained in the body of this report, have assisted in providing patients and visitors with close, convenient access to the various services and functions of the Bendigo Hospital. Conversely this encourages motorists who require all day parking, to seek alternative parking in unrestricted areas. The results so far have been encouraging with a noticeable decrease of vehicles overstaying time restrictions. The information on parking provided by Bendigo Health to their staff, has also assisted in promoting the message of parking legally. It is expected that the challenges associated with parking around the hospital precinct will be ongoing during the construction phase. Having a dedicated parking officer operating in the area will provide consistent and regular enforcement and assist in addressing issues promptly in both residential and restricted parking areas.

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RECOMMENDATION

It is recommended that Greater Bendigo City Council resolve to: 1. Not introduce paid parking around the hospital block (Stewart, Bayne, Lucan &

Arnold Streets).

2. Amend the times of operation on the restricted parking bays around the hospital block to 7 days per week and from 7:00 am – 5:30 pm.

3. Introduce 2 hour time restricted parking on the North side of Drought Street between Arnold and Lucan Streets.

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2.9 RESPONSE TO PETITION: TRAFFIC MANAGEMENT ISSUES AROUND STRATHFIELDSAYE PRIMARY SCHOOL

Document Information

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

Summary/Purpose

The purpose of this report is to respond to the petition tabled at the Council meeting on 18 December 2013.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017:

Theme: 4 Sustainability

Strategic Objective: 4.1 Existing infrastructure and assets are well maintained and appropriately upgraded to sustain them for future generations.

Background Information

A joint letter was received at the Council meeting on 18 December 2013 from students of the Strathfieldsaye Primary School concerned about the safety of parents and children in Strathfieldsaye because of traffic conditions around the two primary schools - Strathfieldsaye Primary School and St Francis of the Fields. Council resolved "That the joint letter be received and noted and that a Council report be prepared following a formal response from VicRoads." A letter was sent to VicRoads and a response was received from Mr David Runnalls, VicRoads Acting Regional Manager, Northern Victoria. The response included a copy of a letter forwarded to Strathfieldsaye Primary School from the Hon Terry Mulder MP, Minister for Roads. The letters outline VicRoads and the Victorian Government’s support for the Strathfieldsaye Township Plan. In addition, VicRoads confirmed continued support for the development of the Integrated Land Use and Transport Strategy.

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Whilst VicRoads was requested to provide advice on its preparedness to undertake a traffic study the response was limited to "a willingness to contribute to a working group for the development of a strategy to address the road safety concerns in Strathfieldsaye should one be formed." The Minister’s letter however outlined that intersection improvements in Wellington Street had been considered in the past but, based on the relative priority against other projects across the State, funding was not allocated. The letter notes that these projects would however be considered for funding in future Victorian Government road programs. VicRoads undertook a traffic count in July 2013 and an average daily traffic volume of approximately 7050 vehicles was recorded. The Strathfieldsaye and District Community Enterprise (SDCE) have formed a Traffic Management Working Party and have written to the City of Greater Bendigo (CoGB) with similar concerns to the school community regarding traffic and associated infrastructure.

Report

Wellington Street Intersections Strategic planning for Strathfieldsaye and the associated road network has been undertaken in the development of a number of documents. The Strathfieldsaye Township Plan (2009) and the Bendigo 2020 Transport Study (1993) both support the duplication of Strathfieldsaye Road when traffic volumes dictate. The Township Plan identified potential treatments at 5 intersections along Wellington Street including Club Court / Tannery Lane, Uxbridge Street, Wellesley Street, Blucher Street and Emu Creek Road. These intersections are the responsibility of VicRoads as Wellington Street is an arterial road and the Township Plan was developed in conjunction with VicRoads (and others). These strategies are considered to be current and relevant for the improvement of the road network and associated infrastructure such as bike and walking paths and parking in the area. Further strategic work specific to the area is therefore not considered warranted. Council has a number of options if it wishes to accelerate delivery of the improvements to Wellington Street identified in the strategic plans. Council’s primary role in relation to improvements to arterial roads is to advocate to VicRoads and the State Government on behalf of the Greater Bendigo community. Council also has the ability to provide joint funding for such works. The primary reason for doing so is to improve the benefit / cost ratio of the works and hence increase the likelihood of State Government funding in accordance with VicRoads formulas. In this instance, dependent upon the intersection(s) chosen, Council funding could come from two sources:

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1. The 1997 Outline Development Plan for the subdivision of land to the south of Wellington Street (in the Bassett Drive area) required a contribution for traffic improvements in the area. These improvements were nominated as: acquisition of land to widen Uxbridge Street, construction of Uxbridge Street from Basset Drive to Wellington Street, construction of a roundabout at the intersection of Wellington/Uxbridge Streets and the construction of a roundabout at Wellington/Blucher Streets. $60,000 was specified as part funding for construction of the roundabouts.

Approximately $102,000 has since been collected and is held in reserve for the above works. An intersection treatment at each of the two sites is expected to cost in the order of $500,000 (i.e. $1Million in total). Council could therefore contribute funding from the reserve to support a VicRoads bid for State funding of the Wellington Street intersections with Blucher and/or Uxbridge Street.

2. Council could allocate funds from general rates toward any of the intersection

treatments nominated in the Township Plan to support a VicRoads application for State funding.

When considering the option to contribute funds toward VicRoads works it is important to note that, although past Councils have done this from time to time, it still took several years before State Government funding was then committed. A further very important consideration is whether Council deems it appropriate to itself initiate a shift of this State Government cost burden onto ratepayers. Added to this, while it is recognised that pressure on Wellington Road is growing, other parts of the city’s arterial road network are also suffering from this problem. In particular, considerable concern has been raised in the community about Napier Street through White Hills and the difficulty with entering and crossing it from local roads. Similarly, the growth of Maiden Gully is putting increasing pressure on the Calder Highway and the intersections in that area. If Council does however wish to accelerate works in Strathfieldsaye through the mechanisms outlined above, there is then a question of which works. While the Township Plan identified that (ultimately) intersection treatments are required at 5 locations along Wellington Street, the order in which these are implemented will bring different benefits to traffic on Wellington Street and on local traffic movements around Strathfieldsaye. Understanding these benefits and impacts sufficiently to prioritise the projects would require a Traffic Impact Assessment. Initial discussions indicate that this would cost in the order of $30,000. Again, Council could lobby the State to undertake this work given that it relates to work on the arterial road network. Alternatively, Council could fund this work on the basis that it would help it understand (and therefore manage) the local road impacts of any intersection upgrade pursued. This would also provide Council with technical information to help lobby the State about the preferred order of intersection works in Wellington Street.

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Uxbridge Street A further consideration on the use of money from the reserve: The acquisition of land and construction of Uxbridge Street was estimated at $110,000 in the 1997 Outline Development Plan. The acquisition of land to enable the construction of Uxbridge Street was subsequently undertaken (approx. $120,000) and was funded from Council’s annual budget rather than from the reserve. The construction of Uxbridge Street is currently estimated at $450,000. If the construction of Uxbridge Street is undertaken then this project will clearly fully utilise the current reserve funds and require additional Council funds. This would include a temporary intersection treatment being a left in - left out treatment at Wellington Street. While this project has merit, it is unlikely that such works would alleviate the concerns about traffic behaviour on Wellington Street that are the subject of the petition. Apsley Street/Uxbridge Street Intersection The intersection of Apsley Street and Uxbridge Street was also identified in the petition. As these are two local streets, this T intersection is a CoGB responsibility. Traffic in the area is principally generated by parents during pick-up and drop-off times. Whilst there is no evidence to suggest that the intersection does not operate effectively as a T intersection, one option to manage the traffic is to reduce the number of students being driven to schools. CoGB has constructed shared off-road paths in the vicinity of both primary schools in Strathfieldsaye. The Strathfieldsaye and District Community Enterprise and CoGB will be building additional off road shared paths which will increase the ability for students to walk and cycle to school. Future proposed works will provide an off-road shared path link between Junortoun and Strathfieldsaye. This will enable students to walk and cycle from Junortoun to the two primary schools in Strathfieldsaye and also students from Strathfieldsaye to walk or cycle to La Valla campus of Bendigo Catholic College at Junortoun.

Consultation/Communication

This report is in response to a petition prepared by the students of the Strathfieldsaye Primary School. Their initiative and effort to undertake a traffic investigation is commendable. The Working group of the SDCE provides an opportunity for CoGB and VicRoads to work with a representative stakeholder group in the area.

Resource Implications

Lobbying is undertaken as a normal part of Council business and for this situation would not require additional resources. If funded by Council, a Traffic Impact Assessment could cost approximately $30,000 (subject to final scope).

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Intersection works in Wellington Street could cost around $500,000 at each intersection. Existing funds totalling $102,000 are available for allocation toward intersection upgrades at Uxbridge/Wellington Streets and Blucher/Wellington Streets in accordance with the Outline Development Plan.

Conclusion

Answers to the concerns being expressed by the Strathfieldsaye community about Wellington Street have been identified in existing strategic documents; in particular the Strathfieldsaye Township Plan. While Council has some role to play in partially funding specific works on Wellington Street (as a result of the 1997 Outline Development Plan for the Blucher Street area), primary responsibility for these works rests with the State as it is an arterial road. Although Council could allocate ratepayer funds to attempt to accelerate the priority of intersection works in Wellington Street with the State, there is no guarantee that doing so will have that result. In addition, the impacts (positive and negative) that any given intersection project will have on the safety and efficiency of Wellington Street as well as the consequent amenity and integrity of the local road network are not currently known. More broadly, Council’s decision on this matter could create a strong precedent for other parts of the city where community concerns about the performance and safety of the State’s arterial road network are strong. Resisting cost shifting from other levels of Government has been a strong position of this Council and a decision on this matter must be cognisant of that. On balance, the most appropriate course of action appears to be further lobbying to the State Government for funding to identify and build the most beneficial intersection treatment to respond to traffic pressures being experienced in Wellington Street, Strathfieldsaye. This action should however be undertaken as part of a broader submission to the State Government for a package of solutions designed to ease the traffic pressure being experienced throughout Bendigo on its arterial road network.

Attachments

Nil

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RECOMMENDATION

That the Greater Bendigo City Council, having considered the petition from the Strathfieldsaye Primary School:

1. Lobby the Victorian Government strongly for funding of a package of solutions designed to ease traffic pressure across the city’s arterial road network including those in Wellington Street, Strathfieldsaye.

2. Determine not to commit ratepayer funds for the upgrade of intersections in

Wellington Street on the basis that this is a State Government responsibility. 3. Develop a detailed design for the unmade section of Uxbridge Street including

interim left-in/left-out intersection treatment at Wellington Street. 4. Inform the Strathfieldsaye Primary School of Council’s decision.

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3. LIVEABILITY

3.1 RESPONSE TO PETITION: REQUEST FOR DISABILITY ACCESS PATH BETWEEN THE HARCOURT STREET CAR PARK AND LEO HARTNEY PAVILION AT EWING PARK

Document Information

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

Summary/Purpose

This report responds to the petition received by Council at its meeting on 22 January 2014.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017:

Theme: 2 Liveability

Strategic Objective: 2.4 More people are confident to walk and cycle more often.

2013-2014 Action: 2.4.1 Continue to progress cycle and walking path links and footpaths to commercial centres, recreation facilities and schools.

2013-2014 Action: 2.4.2 Maintain investment in improving universal access for everyone to buildings, paths and crossings.

Background Information

The petition requested a permanent access path between the Harcourt Street car park and the Leo Hartney Pavilion at Ewing Park as outlined: "The Leo Hartney Pavilion at Ewing Park in Harcourt St Bendigo was constructed 1990. It is a City of Greater Bendigo owned building. It has never had an access path to enable people with a disability to access the pavilion. We, the undersigned, fully support the need for a permanent access path for people with a disability between the Harcourt St car park and the Leo Hartney Pavilion." Signatures - 51 Council received the petition at its meeting on 22 January 2014 and resolved:

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

Report

Within Council’s current programs, funding for construction of the path may be considered in several ways. The requested path as outlined in the petition is to connect the Harcourt Street car park and the Leo Hartney Pavilion to provide disabled access. The path would improve access for all to the pavilion. The Building and Property Department have inspected the pavilion and whilst the toilets are a higher standard than normal public toilets and do make provision for use by people with a disability, they do not meet the current standards for disabled access and would not have met the disabled requirements when the building was constructed approximately 25 years ago when disabled access was first being introduced. An upgrade of the building to meet the current disabled access requirements is not included in the building capital works program as other building works are considered a higher priority. Installation of an all access path to the pavilion would not require works to the pavilion to bring the building up to current standards. Radius Disability Services adjoin Ewing Park and have compliant disabled access toilet facilities. This would provide access to disabled toilets for Ewing Park patrons but would not address the issue of access to the pavilion as requested in the petition. The Active and Healthy Communities Department have been in contact with Radius and they have indicated that the request for public access is not achievable due to a lack of security and the toilets not being designed for general public use. A longer path could also be considered and would not only provide a connection between Harcourt Street and the pavilion but also connect to the existing footpaths in Williamson and Brougham Street. This larger connection would provide a link to the planned shared path along Back Creek. The Back Creek trail will connect Spring Gully to the Bendigo Creek Trail. In either case, the paths would be constructed as 2.5m wide concrete shared paths in accordance with the proposed redevelopment of Ewing Park. Both options have been evaluated using Council’s normal assessment tool for candidate footpath projects. Based on this tool, which includes consideration of the benefits for disabled access highlighted in the petition, the projects do not rate as highly as other identified footpath projects across the municipality and therefore would not be recommended for consideration in the 2014/15 Capital Expenditure Program. The path also forms part of the proposed upgrade and redevelopment of facilities at Ewing Park. This project involves: Stage 1 – Completed 2012/13 Upgrade of the drainage from Williamson Street to Back Creek

Relocation and construction of cricket nets

Relocation and upgrade of the synthetic cricket pitch

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Stage 2 - to be considered as part of the development of the 2014/15 Capital Works Budget

Narrowing of Havlin Street West

Construction of the path from Harcourt Street to Williamson and Brougham Streets

Construction of oval fencing, kerb and channel

Extension of the oval to provide one senior AFL oval and two junior cricket fields

Construction of a formal car park Stage 3 – Future Works

Upgrade of irrigation systems

Upgrade of the lighting to meet Australian Standards Originally, the entire redevelopment was planned to be undertaken as one stage however, upon undertaking detailed design of the works it became evident that the extent of works required were beyond the available budget. As such the works were staged over a number of financial years with only the first stage currently completed due to other works being considered a higher priority in 2013/14.

Consultation/Communication

User groups of the reserve are United Cricket Club, St Therese’s Junior Football Club and Sandhurst Marist Dockers Junior Football Club. Consultation with the Ewing Park user groups was undertaken over an extended period of time when developing concept plans to redevelop and upgrade the entire reserve. The user groups strongly desire Council to continue the redevelopment. Given the footpath connection was not constructed in the 2012/13 financial year, the Clubs believe that it should be constructed irrespective of the redevelopment to service the existing needs of the users.

Resource Implications

The cost of a footpath has been estimated at $39,000 for the path from Harcourt Street to the pavilion and $83,000 for the path from Harcourt Street to Williamson/ Brougham Streets. A budget submission has been prepared for Council’s consideration as part of 2014/15 budget deliberations. The submission seeks to undertake Stage 2 of the Ewing Park redevelopment at a cost of $912,000. The proposal is yet to be scored under Council’s Capital Works Evaluation Framework.

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In future years, Stage 3 of the redevelopment will be sought. 2012/13 cost plans estimated a 5 tower lighting system and power upgrade to the site to cost $385,000. In addition, it could be expected that an irrigation system servicing the two ovals would cost in the order of $90,000.

Conclusion

Two options that would respond to the request made in the petition have been developed for assessment under Council’s normal footpath construction program. Neither project rates as high as other projects identified across the municipality and therefore they would not be recommended for consideration in the 2014/15 Capital Expenditure Program. However, the requested footpath forms part of the broader redevelopment of Ewing Park and would be delivered in 2014/15 if the works are funded by Council in the 2014/15 budget. The relative priority of this project is yet to be assessed under Council new Capital Works Evaluation Framework.

Attachments

Nil.

RECOMMENDATION

That Council, having considered the petition for a path from Harcourt Street to the Leo Hartney Pavilion at Ewing Park, inform the United Cricket Club that the construction of the path is included in the proposed redevelopment of Ewing Park and the project will be considered as part of the development of the 2014/15 budget.

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4. PRODUCTIVITY

Nil.

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5. SUSTAINABILITY

5.1 WASTE AND RESOURCE MANAGEMENT STRATEGY 2014-2019

Document Information

Author Robyn Major, Manager Sustainable Environment Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

To recommend that Council adopt the City of Greater Bendigo's Waste and Resource Management Strategy 2014-2019.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017:

Theme: 4 Sustainability

Strategic Objective: 4.2 Reduce all waste to landfill.

2013-2014 Action: 4.2.1 Commence implementation of agreed priorities in the Waste and Resource Management Strategy encompassing: reducing resource consumption, a local landfill decision, reducing waste to landfill and converting waste to resources.

Independent Review of the City of Greater Bendigo: Recommendation 5 Facilitate the development and finalisation of the Waste

Strategy to determine the best way to manage waste going forward, (and undertake analysis to determine the cost and requirements for the rehabilitation of historic sites and current sites once they reach capacity).

Outcome Clear strategy for the future of waste management in the municipality (and a clear understanding of the costs associated with landfill rehabilitation and a plan from Council as to how this should be funded).

Background Information

Council allocated funds in the 2011/12 financial year to enable the development of a new waste strategy that would guide decisions on the future management of waste within the municipality.

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Development of the Waste and Resource Management Strategy (W&RMS) commenced with the formulation of a Background Paper detailing the status of CoGB’s waste management activities as well as a stakeholder engagement plan for the project. The Background Paper was primarily developed to provide information to any party wishing to engage in the process of developing the Strategy. The Paper revealed that the complexity of the waste and resource matters for CoGB, the community and business was immense and a need for a greater level of engagement and research than was first anticipated was identified. In 2012, as an initiative of the Councillors, a Waste and Resource Advisory Committee (W&RAC) was formed to assist in informing the development of the W&RMS. In all, this group met on ten occasions to discuss future options and opportunities to improve waste management in Greater Bendigo as well as reviewing iterations of the W&RMS as it developed. Specialist consultants were engaged in late 2012 to formulate the text/content of the W&RMS from the information gathered and to conduct indicative waste cost modelling. This work was completed in March 2013. In-house work then commenced to draft the strategy into a suitable form. Over the following six months the policy positions of the draft strategy were established together with key objectives and performance measures to support these. The implementation plan was then developed and included into the final draft of the W&RMS. These works were also timed to ensure that the directions included in the Victorian Government’s new waste and resource recovery policy Getting Full Value were responded to in the City's draft strategy. In October 2013, Council endorsed the release of the Draft W&RMS for a period of six weeks to further engage the public by seeking comment on the proposed strategy. Previous Council Decision(s) Date(s): Ordinary Meeting of Council on 25 May 2011 – Council resolved the 2011/12 budget, including the allocation of funds to develop a Waste Strategy. Ordinary Meeting of Council on 19 October 2011 – Council resolved to establish a Waste and Resource Advisory Committee. Ordinary Meeting of Council on 15 August 2012 – Council resolved to endorse the use of the Background Paper to inform the community about the existing situation in waste management for the city and that it be available via Council’s website. Ordinary Meeting of Council on 23 October 2013 – Council resolved to approve the exhibition of the draft W&RMS for the purpose of public comment over a six week period in accordance with the communication plan.

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Report

The six week public comment period (26 October to 6 December 2013) was the final phase of the stakeholder engagement plan for the development of the W&RMS. The engagement actions included newspaper advertisements, media releases, radio announcements, media conference, an event in the Mall titled ‘Let’s Talk Rubbish’, webpage information, project update, twitter, facebook and electronic mail out to 300 residents and organisations. This work resulted in the City receiving 17 written submissions and approximately 200 verbal comments were gathered at the 'Let’s Talk Rubbish' event. Analysis of the submissions indicated general support for the key strategies put forward in the draft. However, it was evident from some comments received that the key messages regarding some of the matters discussed were not well understood. As a result, the Project Steering Team reviewed the submissions and made editorial changes throughout the document together with adding a number of new actions to the implementation plan. A table of the key points from each of the submissions is attached (W&RMS Public Comments). The document indicates the Steering Team response and any changes made as a consequence. Likewise, the comments gathered from the Mall event are categorised according to themes and proposed responses indicated. Submissions of particular note that assisted in clarifying themes included:

Bendigo Sustainability Group who took the initiative to conduct a member survey to assist in preparation of their response. The survey results from the 57 respondents were included in BSG’s submission. The results demonstrated a strong level of support for each of the existing key objectives as well as providing context to some of the concerns. This in turn gave opportunity to amend and strengthen discussion in the strategy (e.g. Container Deposit Legislation discussion page 57).

Bendigo Manufacturing Group who sought clarity of CoGB’s role in C&I and C&D waste streams which resulted in considerable amendment to section 5.5 Managing waste into the future.

Following this work, the report was forwarded to the Waste & Resource Advisory Committee for final comment. At the conclusion of the public comment phase it was evident that the key initiatives and strategic positions identified in the draft strategy are in the main supported; not always with an overwhelming majority or without reservation. Where possible, the concerns or reservations nominated have been addressed in the discussion part of the document and/or new actions have been added to the implementation plan. Priority/Importance: This Strategy is a high priority as it puts in place strategic directions and actions to address the matters of greatest concern in waste management including:

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High waste generation per household.

Low rate of diversion of material from landfill.

Rising cost of disposal to landfill e.g. landfill levy, carbon charges and increases in regulatory requirements and cost of landfill management.

Waste disposal post closure of Eaglehawk landfill. The Strategy has been intentionally defined with a five year horizon to reflect the urgency for considerable changes in how waste is managed by the City and how waste and its impacts are valued by our community. The implications of the Strategy will of course extend well beyond the initial five years and will help put the Bendigo community at the forefront of waste and resource management in regional Australia. Risk Analysis: Legislative and policy changes at State and Federal government levels are driving the cost of traditional waste disposal methods up significantly. Investment in newer technologies and more infrastructures will help minimise these costs over time, but our collective success will be critically dependant on how we at a household and individual level choose to act; processes and facilities that avoid costly landfill taxes are only efficient if they are used correctly. The Greater Bendigo community’s relatively poor past performance in waste creation and recycling does not mean that dramatic improvement is ‘too hard’ but recognising and responding to this context and the many possible reasons for it, will be essential to the Strategy’s success. It is for this reason that the Strategy places such importance on community engagement and education activities for any initiatives proposed.

Consultation/Communication

The process of developing the W&RMS has been a two-year process of engagement with the community, private sector (including the waste sector) and staff which included numerous one-on-one meetings, listening posts, workshops, surveys, presentations, focus groups, on-line information, media articles, fact sheets and project bulletins resulting in over 3,000 recorded contacts (including webpage ‘hits’) being made. More than 300 people registering online to receive information as the project progressed and 320 people completed the online survey. The W&RMS webpage proved successful with the site accessed 442 times during the public comment period alone. To promote the public comment phase of engagement the release of the Draft W&RMS was publicised widely with media interviews, radio and newspaper advertisements, project update leaflets, web page information and an electronic mail out notifying the over 300 registered contacts of the draft’s availability for review and comment. Fifty copies of the strategy were also printed, with all distributed to W&RAC members, Councillors and Steering Team members. Social media in the form of facebook and twitter was used to encourage discussion and action. Likewise, the ‘Let’s Talk Rubbish’ event conducted in the Mall was used to promote discussion and elicit a range of opinions and views from approximately 200 people.

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The Steering Team reviewed the public submissions and comments and recommended document changes with the finalised version again distributed to the W&RAC members for review. One member replied with additional concerns, resulting in further changes clarifying CoGB’s role in C&I and C&D management. Note: A Community Engagement Activities Report detailing actions undertaken as part of the project Stakeholder Engagement Plan is included as an appendix to this report.

Resource Implications

Budget Allocation in the Current Financial Year: No specific allocation was included in the 2013/2014 budget for the development of this strategy as the remaining works have predominantly been delivered in-house within the operating budget. Previous Council Support:

2011/2012 financial year project budget $70,000 expenditure $50,000.

2012/2013 financial year project budget $30,000 expenditure $40,000.

2013/2014 financial year project budget $0 expenditure $5,000. External Funding Sources: Various funding sources will be investigated to assist with the implementation of components of this Strategy. Sustainability Victoria has already committed $500,000 towards identifying options for the removal of organics from the waste stream. It is also encouraging that the Draft Strategy was used to secure $100,000 of funding for additional public place recycling (PPR) infrastructure. It was evident through the community engagement activities that there is strong community support for an expansion in the PPR network so the relevant policy position and action in the Draft Strategy was used to support the application to Sustainability Victoria. Projected costs for future financial years: While considerable opportunity for funding from the State Government exists for many of the initiatives in the Strategy, it is a fundamental tenant of waste management in Victoria to pursue full cost recovery from the beneficiaries of the service. This principle is included in the Strategy. Accordingly, it is intended that as initiatives are pursued, their impact on the waste fees charged by the City will be included for Council’s consideration.

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Conclusion

The W&RMS was finalised after the Victorian government waste and resource recovery strategy Getting Full Value was released. This provided confidence that the policy positions of the strategy align with those of the State. This will stand the City in good stead to receive support for future waste and resource recovery initiatives. Evolving from two years of engagement with stakeholders, the City's Waste and Resource Management Strategy is ready for Council to consider for adoption.

Attachments

1. Community Engagement Activities Report 2. Waste and Resource Management Strategy - Public Comments 3. Waste and Resource Management Strategy (hard copy provided separately to

Councillors).

RECOMMENDATION

That Council:

1. Considers the feedback and proposed responses from the public comment phase of the draft Waste and Resource Management Strategy.

2. Adopts the City of Greater Bendigo's revised Waste and Resource Management

Strategy 2014-2019. 3. Makes the Waste and Resource Management Strategy available to the public. 4. Acknowledges the significant contribution of the Waste and Resource Advisory

Committee to the development of the Strategy.

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6. GOOD GOVERNANCE AND DECISION-MAKING

6.1 RECORD OF ASSEMBLIES

Document Information

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

Summary/Purpose

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

Policy Context

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

Background Information

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

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

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Report

Meeting Information

Meeting Name/Type Governance Meeting

Meeting Date 12 February 2014

Matters discussed 1. Minutes from previous meeting 2. Independent Review governance recommendations

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Mr Peter Davies Mrs Alison Campbell

Conflict of Interest disclosures

Matter No. Councillor making disclosure Councillor left meeting Nil

Meeting Information

Meeting Name/Type Audit Committee Meeting

Meeting Date 13 February 2014

Matters discussed 1. Election of Chairperson 2. Internal Audit Program 3. Consideration of Independent Review Recommendations 4. Chief Executive Officer’s report 5. Guest Manager update: Mr Neal Wrigley, Manager Rating and Valuation Services 6. Risk update 7. Internal Audit 8. Internal Audit Program status report 9. Presentation of scopes 10. Future programs 11. External Audit update 12. Audit Committee performance results 13. Financial Capacity report 14. VAGO Local Government results of the 2012/2013 Audits 15. 2014/2015 Budget Calendar – key dates 16. Updated Audit Charter 17. Internal Audit contract

Attendees/Apologies

Councillors Cr Barry Lyons

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Cr Rod Campbell

Staff/ Community Representatives

Mr Craig Niemann Ms Marg Allan Mr Travis Harling Ms Nicole Ashby Mr John Salter Ms Julie Neilson Mr Neal Wrigley/ Ms Kate Scarce Mr Ken Belfrage Mr Graham Bastian Mr Mark Peters

Conflict of Interest disclosures

Matter No. Councillor making disclosure Councillor left meeting Nil

Meeting Information

Meeting Name/Type Tour of New Hospital Development and Briefing

Meeting Date 19 February 2014

Matters discussed 1. Briefing on scope of the development, timeframes and the outcomes for patients and wellbeing

Attendees/Apologies

Councillors Cr Elise Chapman Cr Helen Leach Cr Mark Weragoda Cr James Williams

Staff/ Community Representatives

Ms Marg Allan Mr Peter Davies Ms Prue Mansfield/ Mr John Mulder

Conflict of Interest disclosures

Matter No. Councillor making disclosure Councillor left meeting Nil

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Meeting Information

Meeting Name/Type Councillors’ Forum

Meeting Date 19 February 2014

Matters discussed 1. Bendigo Airport – financial sustainability 2. White Hills and Miller Street rehabilitation investigation 3. ‘Kids in Cars’ campaign 4. Female changeroom issues – Spring Gully 5. Staff appointment to ERCs’ 6. Insurance for rural halls 7. Lipless channels for wheelchairs 8. Policy on the Wellsford Forest 9. Special Meeting for Council Plan 10. Accessibility map 11. Gaming Commission hearing 12. Rail freight 13. Dalgarno Institute presentation 14. Council Plan discussion 15. Forward Agenda

Attendees/Apologies

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

Staff/ Community Representatives

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

Conflict of Interest disclosures

Matter No. Councillor making disclosure Councillor left meeting Nil

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Meeting Information

Meeting Name/Type Heritage Advisory Committee

Meeting Date 20 February 2014

Matters discussed 1. DEPI representation on HAC 2. Bendigo Mining Exchange 3. ‘Pioneers, Poppetheads and Prosperity’ publication 4. Review of actions for 2013 5. Heritage Advisory Committee presentation to Council 6. Planning update 7. Strategy update

Attendees/Apologies

Councillors Cr Peter Cox Apology: Cr Mark Weragoda

Staff/ Community Representatives

Ms Emma Bryant Mr Trevor Budge Mr Phil DeAraugo Ms Megan McDougall Dr Dannielle Orr/ Mr David Bannear Mr Laurie Brown Ms Elaine Doling Mr Jordan Grenfell Ms Kay MacGregor Dr Di Smith Mr Rod Spitty Mr Calum Walker Mr Darren Wright Apologies: Ms Helen Ashby Mr Peter Ellis Mr David Mulqueen

Conflict of Interest disclosures

Matter No. Councillor making disclosure Councillor left meeting Nil

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Meeting Information

Meeting Name/Type Governance Meeting

Meeting Date 26 February 2014

Matters discussed 1. Minutes from previous meeting 2. Organisation response to Councillor Conduct Panel Decision 3. Business arising from the Governance Meeting (12 February) 4. Protocols for Working Together 5. Responding to Councillor Information Requests 6. Staff Code of Conduct 7. Councillor expenses report 8. Conduct of Independent Review meetings at the Councillors’ Forum

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Mr Peter Davies Mrs Alison Campbell

Conflict of Interest disclosures

Matter No. Councillor making disclosure Councillor left meeting Nil

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Meeting Information

Meeting Name/Type Councillors’ Forum

Meeting Date 26 February 2014

Matters discussed 1. Planning reports and draft Ordinary Meeting agenda Review 2. Financial Report and Mid-Year Budget Review 3. Healthy Living Survey 4. Further development of the strategic objectives and Liveability indicators for the Council Plan 5. Capital Evaluation Framework 6. Marong Business Park 7. Economic Development Strategy 8. Local Government / State Government agreement 9. Forward Agenda 10. Tree Planting Policy

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Mr Stan Liacos Ms Prue Mansfield Ms Marg Allan Mr Darren Fuzzard Mr Pat Jess Mr Peter Davies Apology: Ms Pauline Gordon

Conflict of Interest disclosures

Matter No. Councillor making disclosure Councillor left meeting

1. Cr Lisa Ruffell Yes

6. Cr Elise Chapman Yes

RECOMMENDATION

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

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6.2 LOCAL GOVERNMENT PERFORMANCE REPORTING FRAMEWORK

Document Information

Author Sharon Morrison, Principal OD Adviser Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

To adopt the mandatory indicators in the Local Government Performance Reporting Framework (LGPRF) and resolve to report on them in the 2014/15 Annual Report and defer reporting on the optional indicators for a further 12 months.

Policy Context

Council Plan Reference: City of Greater Bendigo Council Plan 2013-2017:

Theme: 5 Good Governance and Decision Making

Strategic Objective: 5.1 Council demonstrates good governance and leadership.

Background Information

Local Government Victoria has developed the LGPRF in consultation with Local Government and other stakeholders to strengthen accountability and transparency across local government by establishing a consistent set of indicators which need to be reported by all councils. The LGPRF is being developed and implemented in five stages. Stage 4 and 5 (data collection and reporting) are mandatory and commence from 1 July 2014. This framework is the subject of Recommendation 9 of the Independent Review.

Report

The Local Government Amendment (Performance Reporting and Accountability) Act 2013 is coming into operation on 18 April 2014, and will amend the Local Government Act 1989. In addition to this the Local Government (Finance and Reporting) Regulations 2004 will be replaced by new 2014 Regulations. The purpose of the Act and Regulations is to:

enhance transparency and accountability through reporting on councils’ performance,

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facilitate improvements in service delivery through improving access to robust and consistent data to better scrutinise and compare councils’ performance, and

minimise the burden on local councils and other costs. There are currently 110 indicators in the framework: 15 are optional and 95 are mandatory. The indicators need to be reported in the 2014/15 Annual Report and will help councils to monitor their own performance over time and benchmark their performance on an annual basis with other councils. The indicators and measures are grouped into three themes:

Service performance: 67 indicators (52 mandatory) across 11 services

Financial performance: 13 finance indicators (all mandatory)

Sustainability: 6 indicators relating to sustainable capacity; 24 indicators relating to governance and management (all mandatory)

Many of the optional indicators are still being refined by Local Government Victoria through consultation with a range of stakeholders. Deferring reporting on the optional indicators for 12 months will provide Local Government Victoria with time to refine the scope and definition of the indicators and therefore reduce the amount of rework undertaken by council in collating and reporting on the indicators. Recommendation 9 of the Independent Review stated:

Engage with Local Government Victoria regarding the program to streamline and benchmark KPIs across local governments.

The City of Greater Bendigo has been engaging with Local Government Victoria to ensure that the organisation is ready to report on the mandatory indicators.

Conclusion

It is recommended that the Council:

acknowledge the mandatory indicators for reporting in the 2014/15 Annual Report, and

defer reporting on the optional indicators in the Local Government Performance Reporting Framework for a further 12 months.

Attachments

List of Indicators/Measures as at 10 December 2013

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RECOMMENDATION

That the Greater Bendigo City Council:

1. acknowledge the mandatory indicators in the Local Government Performance Reporting Framework for reporting in the 2014/15 Annual Report, and

2. defer reporting on the optional indicators for a further 12 months.

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Attachment – List of Indicators/Measures as at 10 December 2013

** Optional

Service performance

Governance

1. Council decisions made at meetings closed to the public

2. Satisfaction with community consultation and engagement

3. Councillor attendance at Council meetings

4. Cost of governance

5. Satisfaction with council decisions

Statutory Planning

6. Time taken to decide planning applications

7. Planning applications decided within 60 days

8. Cost of statutory planning service

9. Planning decisions upheld at VCAT

Economic Development

10. Participation in business development activities

11. Delivery of planned business development activities

12. Cost of economic development service

13. Change in number of businesses

Roads

14. Sealed local road requests

15. Sealed local roads below the intervention level

16. Cost of sealed local road reconstruction

17. Cost of sealed local road resealing

18. Satisfaction with sealed local roads

Libraries

19. Library collection usage

20. Standard of library collection

21. Cost of library service

22. Active resident library members

Waste Collection

23. Kerbside bin collection requests

24. Kerbside collection bins missed

25. Cost of kerbside garbage bin collection service

26. Cost of kerbside recyclables bin collection service

27. Kerbside collection waste diverted from landfill

Pools

28. User satisfaction with pool facility **

29. Health inspections of pool facilities

30. Reportable safety incidents at pool facilities

31. Cost of indoor pool facilities

32. Cost of outdoor pool facilities

33. Utilisation of pool facility

Animal management

34. Time taken to action animal management requests

35. Animals reclaimed

36. Cost of animal management service

37. Animal prosecutions proven in court

Food safety

38. Time taken to action food complaints

39. Food safety assessments

40. Cost of food safety service

41. Critical and major non-compliance notifications

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Home and Community Care

42. Time taken to commence the HACC service

43. Compliance with Community Care Common Standards

44. Cost of domestic care service

45. Cost of personal care service

46. Cost of respite care service

47. Participation in HACC service

48. Participation in HACC service – CALD

Maternal and Child Health

49. Time taken to undertake first MCH home visit

50. Infant enrolments in MCH service

51. Cost of MCH service

52. Participation in MCH key ages and stages visits

53. Participation in MCH key ages and stages visits by aboriginal children

Immunisation

User satisfaction with immunisation service**

Vaccination of children by council**

Return of consent cards by secondary school children**

Cost of immunisation**

Vaccination of children**

Vaccination of secondary school children**

Sports Grounds

Structured activities on sports fields**

Condition of sports fields**

Cost of sports grounds**

Population per sports field**

Street sweeping

Street sweeping requests**

Frequency of sealed local road sweeping**

Cost of street sweeping service**

Routine cleaning of sealed local road pits**

Financial performance

Operating position

54. Underlying surplus (or deficit)

Liquidity

55. Current assets compared to current liabilities

56. Unrestricted cash compared to current liabilities

Obligations

57. Debt compared to rates

58. Debt repayments compared to rates

59. Non-current liabilities compared to own source revenue

60. Asset renewal compared to planned asset renewal

Stability

61. Rates compared to underlying revenue

62. Rates compared to property values

Efficiency

63. Average expenditure per assessment

64. Specific purpose grants expended compared to grants received

65. Average residential rate per assessment

66. Resignations and terminations compared to average staff

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Sustainable capacity

Capacity

67. Own source revenue per head of municipal population

68. Recurrent grants per head of municipal population

69. Underlying expenditure per head of municipal population

70. Infrastructure per capita

71. Population density per length of road

72. Relative socio-economic disadvantage

Governance and management checklist

1. Community engagement policy

2. Community engagement guidelines

3. Strategic resource plan

4. Annual budget

5. Asset management plans

6. Rating strategy

7. Risk policy

8. Fraud policy

9. Emergency management plan

10. Business continuity plan

11. Disaster recovery plan

12. Risk management framework

13. Audit committee

14. Internal audit

15. Performance reporting framework

16. Council plan reporting

17. Financial reporting

18. Risk reporting

19. Performance reporting

20. Annual report

21. Code of conduct

22. Delegations

23. Meeting procedures

24. Council committees

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7. URGENT BUSINESS

Nil.

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8. NOTICES OF MOTION

8.1 NOTICE OF RESCISSION MOTION: 20 HIGH STREET, MARONG - USE AND DEVELOPMENT OF LAND FOR A SERVICE STATION WITH AN ABOVE-GROUND DIESEL TANK AND CREATION OF A NEW ACCESS TO A ROAD ZONE 1

CR PETER COX

That the motion adopted by Council at its meeting held on Wednesday 5 March, 2014 (pages 71-74 in the Council Minutes of 5 March, 2014) in relation to 20 High Street, Marong – Use and Development of Land for a Service Station with an Above-Ground Diesel Tank and Creation of a New Access to a Road Zone 1, as outlined below : “Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the use and development of a service station with an above-ground diesel tank and creation of a new access to a Road Zone 1 at 20 High Street, MARONG 3515 subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (b) Landscaping plan to accord with condition 3

2. NO LAYOUT ALTERATION

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

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 plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: (c) A landscaped strip at the front of the site with a minimum depth of 1m. (d) Planting schedule of all proposed trees, shrubs and ground covers,

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

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

4. VIC ROADS CONDITIONS (a) All access to the subject land shall be left in-left out. That is, no right

movements from the service road shall be permitted into the subject land. (b) Within 3 months of the issue of this permit:

vi. The accesses as shown in Drawing No. HAZ-1758-A02, Version 4, shall be designed and constructed to the satisfaction of the Responsible Authority.

vii. Two (2) x No Entry signs shall be installed on the subject land at the northern access facing east.

viii. Two (2) x No Entry signs shall be installed on the fence at the southern access facing west.

ix. One (1) x One Way (left) sign shall be installed opposite the southern access facing east.

x. A Memorandum of Authorisation shall be completed by the Developer and returned to VicRoads for written approval permitting and prior to the installation of all Major Traffic Control Items (e.g. No Entry and One Way signs) as part of this permit.

(c) All works shall be carried out at no cost to VicRoads.

5. CFA CONDITIONS Hydrant: (a) Operable hydrants above or below ground must be provided, and (b) Hydrants must be identified to the satisfaction of the CFA, and (c) The maximum distance between a hydrant and the rear of the Diesel Tank

must be 90m.

6. VEHICLE MANOEUVRING All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

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

8. 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. Any signage must not obscure the sightlines.

9. 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.

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“10. 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.

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

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

13. AMENITY OF THE LOCALITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

14. RUN-OFF CONTROL All spillages and/or pollutants must be contained on the site to the satisfaction of the responsible authority with no run-off to be discharged directly or indirectly into the nearby watercourse.

CFA Note This permit does not alter any applicable requirement of the Dangerous Goods (Storage & Handling) Regulation 2012.

VicTrack Notes

1. All stormwater from the subject property must not enter VicTrack land but must be collected and directed to legal discharge points and;

2. No lighting is to be erected (permanent or temporary) that throws light onto the railway tracks or interferes with sight of train drivers.

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“City of Greater Bendigo Asset Planning & Design Unit Note

A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve. CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with: (d) The Road Management Act 2004, (e) Road Management (Works and Infrastructure) Regulations 2005, and (f) 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”.

be rescinded.

Officer comment

Grounds for Rescission Motion:

Cr Cox asked a question in regard to the Marong Plan at the meeting and as the plan had not been considered in relation to this application was not given a considered reply. Therefore, new information can be introduced that may have a different outcome than the one reached at the Council meeting.

The Plan is intended as a guide to enable growth and development in the Township that is consistent with the longer term intent to establish a ‘satellite township’ according to the aspirations of the town’s community. However, the officer’s report made no reference to the Plan.

In viewing the Plan the subject site is part of the future Marong Town Centre surrounded by future residential development and railway station. As Council has gone to considerable expense in drawing up the plan this development will curtail its implementation by a future Council.

Further, as with all service station sites the development will have future contamination issues which will be detrimental to the development of the Marong Town Centre.

Now that Council is aware of the Plan it is not in the interest of this Plan to have large trucks entering this precinct at all times of the day. In fact the Plan is advocating for a traffic by-pass.

Based on this new information Cr Cox believes a rescission motion is valid.

In accordance with the Local Law, a Rescission Motion needs to be assessed as follows: (a) the vote may not have accurately reflected the opinion held by the meeting due to the misunderstanding of the motion or for some other reason, or, (b) new information to hand, or, (c) some vital information has been overlooked.

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The grounds put forward relate primarily to Councillors’ lack of understanding of the details of the Marong Plan in relation to this application. The original Council Report did refer to the Marong Plan, as follows: “ …. Moreover the site forms part of a potential expansion to the town centre of Marong as identified in the Marong Plan adopted by Council in June 2011. However, that is a long-term plan and as this is a development which is easily reversible should the economic demand for alternative uses on the site eventuate. Therefore it is an appropriate short-term use. …” However, it is recognised that the Marong Plan was adopted some time ago and prior to the Election of some Councillors, so the Chief Executive Officer has determined that the rescission motion will go forward to this meeting so that Councillors can consider the application in the context of the Marong Plan, which has been circulated to all Councillors for consideration. (Attachment: the Marong Plan adopted 15 June 2011).

If the Rescission Motion is carried, Council may then consider a motion for Notice of Refusal of the application; if the rescission motion is lost, the original motion to Issue a Notice of Decision to Grant a Permit, stands. The motion for Refusal that was original moved at the meeting (5 March) and lost, is as follows:

“That Greater Bendigo City Council resolve to issue a Refusal for the use and development of a service station with an above-ground diesel tank and creation of a new access to a Road Zone 1 at 20 High Street Marong, on the following grounds:

1. The proposal would result in a loss of amenity by reason of the noise and disturbance generated by vehicle movements contrary to clauses 34.02 (Commercial 2 Zone) of the City of Greater Bendigo Planning Scheme.

2. The proposal would have an adverse impact on the environmental values of the nearby watercourse contrary to clause 34.02 (Commercial 2 Zone) of the City of Greater Bendigo Planning Scheme”.

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9. COUNCILLORS' REPORTS

10. MAYOR'S REPORT

11. CHIEF EXECUTIVE OFFICER'S REPORT

12. CONFIDENTIAL (SECTION 89) REPORTS

12.1 Personnel matter and any other matter which the Council or special committee considers would prejudice the Council or any person

12.2 Any other matter which the Council or special committee considers would prejudice the Council or any person

RECOMMENDATION

That the meeting be closed to the public to consider reports in accordance with Section 89(2)(a) and (h) of the Local Government Act 1989, as amended, relating to a personnel matter and any other matter which the Council or special committee considers would prejudice the Council or any person.