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MINUTES Ordinary Meeting of Council 6.00pm Wednesday 7 May, 2014

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

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

NEXT MEETING: Wednesday 28 May, 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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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 7 MAY 2014

ORDER OF BUSINESS: ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

5

PRAYER

5

CODE OF CONDUCT

5

PRESENT

5

APOLOGIES

5

SUSPENSION OF STANDING ORDERS

5

PUBLIC QUESTION TIME

6

RESUMPTION OF STANDING ORDERS

6

CR WERAGODA'S REPORT

6

DECLARATIONS OF CONFLICT OF INTEREST

7

CONFIRMATION OF MINUTES

8

1.

PETITIONS AND JOINT LETTERS

9

2.

PLANNING FOR GROWTH

10

2.1

Planning Scheme Amendment C209 (Council Surplus and Other Land Rezonings) - To Consider Authorisation Request

10

2.2

34-36 Havlin Street West, Bendigo - 26 Lot Subdivision, Construct 26 Dwellings, Construction & Use of Food and Drink Premise (Cafe), Removal of Native Vegetation, Works (Filling of Land) & Parking Reduction

20

2.3

105 View Street, Bendigo - Partial Demolition, Extension to Existing Building, Waiver of Car Parking Requirement and Earthworks

56

2.4

104 Vine Street, Bendigo - Construct 2 Storey Dwelling & Fencing

68

2.5

Traffic Management in Strathfieldsaye

80

2.6

Response to Petition: Parking in Leslie Street, Marong

85

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3.

LIVEABILITY

90

3.1

Contract No: CT000114 Canterbury Park Project - Stage 1 &2

90

4.

PRODUCTIVITY

98

5.

SUSTAINABILITY

98

6.

GOOD GOVERNANCE AND DECISION-MAKING

99

6.1

Record of Assemblies

99

6.2

Contracts Awarded Under Delegation

107

6.3

Response to Recommendations of a Councillor Conduct Panel

109

7.

URGENT BUSINESS

124

8.

NOTICES OF MOTION

124

9.

COUNCILLORS' REPORTS

125

10.

MAYOR'S REPORT

126

11.

CHIEF EXECUTIVE OFFICER'S REPORT

127

12.

CONFIDENTIAL (SECTION 89) REPORTS

127

12.1

Confidential Attachment - Contractual Matter

127

____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

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Ordinary Meeting - 7 May 2014

ACKNOWLEDGEMENT OF COUNTRY PRAYER CODE OF CONDUCT PRESENT Cr Barry Lyons Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Mr Craig Niemann (Chief Executive Officer) Mr Stan Liacos (Director, City Futures) Ms Pauline Gordon (Director, Community Wellbeing) Ms Marg Allan (Director, Organisation Support) Mr Darren Fuzzard (Director, Presentation and Assets) Ms Prue Mansfield (Director, Planning and Development) Mr Peter Davies (Manager, Executive Services) Mrs Alison Campbell APOLOGIES Nil SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow a presentation of appreciation by the Bendigo Spirit to the City and the conduct of Public Question Time.

RESOLUTION Moved Cr Fyffe, seconded Cr Chapman. That Standing Orders be suspended to allow a presentation of appreciation by the Bendigo Spirit to the City and the conduct of Public Question Time.

CARRIED

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Ordinary Meeting - 7 May 2014

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS That Standing Orders be resumed.

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

CR WERAGODA'S REPORT Cr Weragoda reported on his attendance at the following meetings and events:  Attendance at number of planning consultation meetings  Reported on the success of the Easter activities: Rotary Art Show and Easter Procession  Attendance at the launch of the Victorian Indigenous Honour Roll  Attendance at the Bendigo Senior Secondary College ANZAC Service  Attendance at an event to recognise the volunteers and sponsors for the Easter Festival  Attendance at the ANZAC Day dawn service  Attendance at the Heathcote ANZAC Day service and laying of a wreath  Attendance at the launch of the Queer Film Festival  Attendance at the MAV Environment Conference  Attendance at the launch of the Bendigo Airport Business Plan

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Ordinary Meeting - 7 May 2014

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 minutes; 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) (b) (c) (d) (e) (f) (g) (h)

direct financial interest indirect interest by close association indirect interest that is an indirect financial interest indirect interest because of conflicting duties indirect interest because of receipt of an applicable gift indirect interest as a consequence of becoming an interested party indirect interest as a result of impact on residential amenity 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. Nil

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Ordinary Meeting - 7 May 2014

CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday 16 April 2014 and the Special Meeting of Council held on Wednesday 30 April 2014. The following items were considered at the Ordinary Council meeting held on Wednesday 16 April, 2014 at 6:00pm.                    

Petition: Regent Park Planning Scheme Amendment C160 - McIvor Forest Drive, Junortoun - Consider Panel Report and Adoption of Amendment 73 Howard Street, Ascot - Construction of 18 Dwellings 171-173 High Street, Kangaroo Flat - Construction of 22 Dwellings (Two 2 Storey Buildings & One 3 Storey Building) Subdivision of Land, Creation/Alteration of a Vehicular Access and Reduction in Car Parking Requirement 146 Neale Street, Flora Hill - 2 Lot Subdivision and Construction of a Two Storey Dwelling 11 Steane Street, Kennington - 2 Lot Subdivision and Construction of a Dwelling 169 High Street, Heathcote - Display of Signage 52Edward Street, Bendigo - Partial Demolition of Existing Building, Construction of a 3 Storey Building, Use of Land for 2 Dwellings, Provide Car Parking on Another Site, Waive Remaining Car Parking and Loading and Unloading Requirements 119 and 119A Prouses Road, North Bendigo - Development and Use of Land for a Community Centre (including Place of Assembly, Cafeteria, Health Services and Child Care) and Removal of Native Vegetation 6 Graham Street, Quarry Hill - Demolition of Dwelling, Outbuilding and Fences and Construction of Dwelling and Fences 6 and 7 Gordon Court, Strathfieldsaye - Subdivision of the Land into 4 Lots 22 Button Street, Strathdale -Two Lot Subdivision Hospital Precinct Structure Plan - Progress Update 2013-2014 Community Grants Program - Round 2 Submission to the Australian Government's Issues Paper on the Development of an Agricultural Competitiveness White Paper Tender for Electricity Record of Assemblies Contracts Awarded Under Delegation Progress Report Independent Review Implementation Confidential Section 89 Reports

The following item was considered at the Special Meeting of Council held on Wednesday 30 April, 2014 at 6:00pm. 

Council Plan 2013-2017 (2014/2015 Update)

The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. PAGE 8


Ordinary Meeting - 7 May 2014

RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 16 April 2014, subject to an amendment to part 2 of the recommendation on page 21 to read: 2.

Forward the adopted Amendment and draft planning permit to the Minister for Planning for Approval, together with the prescribed information pursuant to Section 31(1) and 96 of the Planning and Environment Act 1987.

and the Special Meeting of Council held on Wednesday 30 April 2014, as circulated, be taken as read and confirmed.

RESOLUTION Moved Cr Weragoda, seconded Cr Fyffe. That the recommendation be adopted. CARRIED

1.

PETITIONS AND JOINT LETTERS

Nil.

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Planning for Growth - Reports

2.

Ordinary Meeting - 7 May 2014

PLANNING FOR GROWTH

2.1 PLANNING SCHEME AMENDMENT C209 (COUNCIL SURPLUS AND OTHER LAND REZONINGS) - TO CONSIDER AUTHORISATION REQUEST Document Information Author

Morgan James, Amendments Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Amendment Details:

The planning scheme amendment proposes to:  Rezone most of the land at 13 Maple Street, Golden Square to General Residential Zone to enable its disposal as it has been declared surplus. Additionally, rezone part of 13 Maple Street and part of 11A Maple Street, Golden Square to Public Park & Recreation Zone to formalise its public use.  Rezone part of the road at Uley Street, Bendigo to Commercial 2 Zone to enable the construction of a public car park.  Rezone land at Golf Links Road, Maiden Gully to Special Use Zone 1 to reflect its intended use for private education.

Proponent:

City of Greater Bendigo

Key Issues

The amendment has been prepared to enable future sale and/or development of Council owned land. The changes are minor in nature and seek to reflect the current and/or intended land use, ownership and development.

Conclusion:

That Council request the Minister for Planning to authorise Amendment C209 to the Greater Bendigo Planning Scheme and when authorised, exhibit the Amendment.

Policy Context City of Greater Bendigo Council Plan 2013 -2017 1. Sustainability:  Existing infrastructure and assets are well maintained and appropriately upgraded to sustain them for future generations.

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Planning for Growth - Reports

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2. Good governance and decision making:  The financial and physical resources of the organisation are managed efficiently and well. Background Information The key steps in the Amendment process are summarised below:

Amendment prepared

Council decides whether to seek Ministerial Authorisation & exhibit

We are at this point

Public Exhibition of Amendment

Submissions received

Council requests an Independent Panel to consider submissions

Council decides to Adopt or Abandon the Amendment

Send to Minister for Approval and Gazettal

The amendment has arisen via instructions received from various City departments. Previous Council Decision Dates 15 December 2010 – Council resolved to sell the part of the Uley Street car park required for the new ambulance station and 138 Water Street, Bendigo to Bendigo Health dependent on a number of conditions. 2 March 2011 – Council resolved to issue a notice of decision to grant the planning permit for the ambulance station. The report also identified the opportunity to seek a boundary realignment between 138 and 140 Water Street, Bendigo to provide for better urban design outcomes and additional car parking space contiguous with the existing car park. 6 March 2013 – Council resolved to adopt Greater Bendigo Planning Scheme Amendment C145 (Proposed school at Golf Links Road, Maiden Gully) with changes.

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

4 December 2013 – Council resolved to sell 13 Maple Street, Golden Square once the land has been rezoned and subdivision has occurred. Report The Planning and Environment Act 1987 allows for a planning scheme amendment to be initiated by a municipal Council. When requesting authorisation from the Minister for Planning, an Explanatory Report must be submitted that discusses the purpose, effects and strategic justification for the Amendment. Key issues identified in the Explanatory Report are summarised below. (Full copy attached). Land Affected by the Amendment The amendment applies to the following land:

13 Maple Street, Golden Square (Lot 1, PS 435348) and Part 11A Maple Street, Golden Square (RES1, PS435348)

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Planning for Growth - Reports

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Part of road in Uley Street, Bendigo (R1, PS706473)

Land known as Lot 1 Golf Links Road, Maiden Gully (Lot RES1, PS709874 and Lot RES1, PS709875). What the Amendment Does The amendment seeks to amend the following: 13 Maple Street, Golden Square Current Zone: Proposed Zone:

Public Use Zone 7 General Residential Zone & Public Park and Recreation Zone

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

The amendment is required to enable the sale of Council owned land as the City’s Maternal and Child Health Services vacated the property in 2006. Noah’s Ark then became the occupant but has now outgrown the facility and relocated to more suitable premises. Council resolved to sell the surplus land at its Council meeting on 4 December 2013. However, prior to sale, the land must be rezoned from Public Use Zone 7 to the most appropriate underlying zone, which has been identified as General Residential Zone. A small portion (24m2) of the land is also to be subdivided and incorporated with the reserve at 11A Maple Street to increase safety of users on the pedestrian/bicycle path. This land will be rezoned to Public park and Recreation Zone. Part of 11A Maple Street, Golden Square Current Zone: Proposed Zone:

Special Use Zone 4 Public Park and Recreation Zone

This rezoning of 302sqm is to reflect the land's use as part of the Bendigo Creek Trail.

11A & 13 Maple Street, Golden Square (red/white line showing proposed new zone/title boundaries). Uley Street, Bendigo Current Zone: Proposed Zone:

General Residential Zone Commercial 2 Zone

The rezoning of 271sqm enables the extension of the Uley Street public car park as a car park is prohibited in the General Residential Zone. It is proposed to rezone the land to Commercial 2 Zone, which is consistent with the adjoining land to the east. It is also proposed to rezone the adjoining section of road in Uley Street to Commercial 2 Zone to ensure the zoning is consistent with the surrounding land. The Council resolved to sell part of the car park to Bendigo Health to allow construction of the new ambulance station provided alternative car parking could be provided.

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

During the planning permit process for the station it was identified that the Uley Street car park could be extended by 10–12 car spaces if a land swap occurred between Bendigo Health (the owner of 140 Water Street) and the City (owner of 138 Water Street) (as shown below). This land swap also provided better design outcomes by allowing for residential use along Water Street and a car park at the rear.

Land to be rezoned from General Residential Zone to Commercial 2 Zone in Uley Street, Bendigo

Former title boundaries of No.138 and No.140 Water Street, Bendigo which was subject to a land swap between the City and Bendigo Health.

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

Lot 1 of PS709874 & Lot 1 of PS709875 - Golf Links Road, Maiden Gully Current Zone: Proposed Zone:

Farming Zone Special Use Zone 1 - Private Educational or Religious Institution

This rezoning is to reflect the intended land use and ownership by the Marist Brothers. The adjoining land to the south west was previously rezoned to Special Use Zone 1 as part of Planning Scheme Amendment C145 to allow for the development of a new private primary and secondary school, early learning centre and shared public open space facilities. Amendment C145 was approved by the Minister for Planning on 6 June 2013, however, the additional land subject to this amendment was incorrectly excluded from this amendment and is now subject to this additional request for rezoning.

Land highlighted to be rezoned from Farming Zone to Special Use Zone 1 Social, Economic and Environmental Impacts The changes to the zone will not have any significant detrimental environmental effects. Social Effects The rezoning of land in Maiden Gully will enhance the capacity for growth of the immediate area, including the opportunities for development and expansion. The amendment will enable the sale of surplus public infrastructure which will enable remaining public infrastructure to be managed more efficiently. The potential for extra car parking in close proximity to the CBD will have a positive impact on transport movement within the immediate area.

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

Economic Effects The amendment has a number of positive economic effects including the removal of unnecessary planning permit triggers for some of the public-owned affected lands. The amendment therefore maximises the potential of the uses and developments of the affected lands. The sale of surplus public owned land will also have a positive effect on the economic welfare of the community by enabling the profits from the sale to be invested back into the community. The rezoning of land in Uley Street to enable the construction of a car park will have a positive effect on the vitality and viability of existing commercial activity in the surrounding area. Strategic Justification - Planning Context The Amendment is supported by the following clauses in the Greater Bendigo Planning Scheme: STATE PLANNING POLICY FRAMEWORK -

Clause 16.01 Housing (Residential Development)

The objective of this clause is to promote a housing market that meets community needs. The amendment at Maple Street will provide for the efficient development of land which are currently not zoned for residential purposes but which are being proposed to be used for that purpose. -

Clause 17.01 Commercial (Business)

The objective of this clause is to encourage development which meets the communities’ need for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. The amendment rezones land in Uley Street, Bendigo for commercial use which will facilitate the development of a public car park to meet the community’s needs. -

Clause 19.02 Community infrastructure

The objective of this clause is to assist the integration of education facilities with local and regional communities. The amendment will add to the land used for educational and community purposes in Maiden Gully.

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Planning for Growth - Reports

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LOCAL PLANNING POLICY FRAMEWORK & MUNICIPAL STRATEGIC STATEMENT The amendment does not conflict with the LPPF and better implements the objectives of the MSS through enabling the future sale and/or development of Council owned land. -

Clause 21.05 Settlement

An objective of this clause is to better manage the City’s outward growth by channelling development into designated growth areas and away from areas which Council wants to protect. The rezoning will facilitate ongoing development upon the land into the designated Maiden Gully Growth Area. -

Clause 21.06 Housing

One of the objectives of this clause is to promote more intensive residential uses within the central city, suburban centres and along key arterial routes. The land proposed to be rezoned to General Residential Zone is located within an established urban centre and will facilitate its potential for further development. -

Clause 21.09 Infrastructure

An objective of this clause is to ensure the appropriate provision of infrastructure that meets Council and community expectations. The amendment will facilitate the construction of a public car park, which is an important infrastructure provision. Consultation/Communication Internal Consultation Prior to the preparation of this report, comment was sought from the City’s Strategy Unit and Building & Property Unit, both of whom indicated support for the amendment subject to minor changes which have been included. Proposed Future External Consultation The documents will be publicly exhibited for a minimum of a month, as required under the Planning and Environment Act 1987. The City must give notice of Amendments to all owners and occupiers who may be materially affected by an Amendment, together with prescribed Ministers and public authorities. The Amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper. Resource Implications The proposed changes are minor in nature and will not have a significant impact on the future resources of the City.

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

Officer time will be required to prepare the Amendment documentation for authorisation, exhibition, manage the exhibition process and liaise with the Minister for Planning. The City is responsible for payment of statutory fees and costs incurred in the processing of the amendment. This may include a panel hearing process if the amendment has unresolved submissions following exhibition. Options Council has the option of:  Supporting the amendment proposal and making a request to the Minister for Planning to authorise preparation and exhibition of the amendment.  Refusing the request to prepare an amendment. Under the Planning and Environment Act 1987 there is no right of review of a council's decision not to support preparation of an amendment. Conclusion The proposed amendment will enable the future sale and/or appropriate development of Council owned land. It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the Amendment. Attachments  Explanatory Report RECOMMENDATION That the Greater Bendigo City Council resolve to: 1.

Request the Minister for Planning to authorise Council to prepare Amendment C209 to the Greater Bendigo Planning Scheme.

2.

When Authorised by the Minister, exhibit Amendment C209 to the Greater Bendigo Planning Scheme giving notification as required for the minimum statutory exhibition period of one month.

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

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

2.2 34-36 HAVLIN STREET WEST, BENDIGO 3550 - 26 LOT SUBDIVISION, CONSTRUCT 26 DWELLINGS, CONSTRUCTION & USE OF FOOD AND DRINK PREMISE (CAFE), REMOVAL OF NATIVE VEGETATION, WORKS (FILLING OF LAND) & PARKING REDUCTION Document Information Author

Peter O'Brien, Senior Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Application details:

26 lot subdivision (staged), construct 26 dwellings (8 detached building modules, 7 double storey and 1 triple storey) construction and use of food and drink premise (café), removal of vegetation (native and exotic), works (filling of land) and parking reduction.

Application No:

DSD/795/2013

Applicant:

Russell Parsons Builders & Designers Pty Ltd

Land:

34-36 Havlin Street West, BENDIGO 3550

Zoning:

General Residential Zone

Overlays:

Environmental Significance Overlay 1 (Havlin Street frontage of the site)

No. of objections:

12

Consultation meeting held:

28 February 2014, attended by Crs. Campbell and Weragoda. Cr. Leach was an apology for the meeting. No issues were resolved.

Key considerations:

 The principle of residential development in this location having regard to site history and contamination;  Whether the proposed subdivision and development is an acceptable urban design outcome;  Does the proposal comply with ResCode and provide an acceptable level of amenity for existing and future residents;  The impact of the removal of street trees on amenity in Mundy Street; and  Whether there will be an adverse impact on flooding, traffic safety and car parking availability in the area.

Conclusion:

The site is in an excellent location to provide new housing in terms of accessibility to the Central Business District of Bendigo, employment opportunities, leisure and shopping facilities and public transport. The proposal provides for a diverse range of

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

housing types from two to four bedroom dwellings and represents an acceptable urban design outcome on this site, which has been historically used for a non-residential purpose. The removal of the street tree (English Elm) from the established boulevard is a contentious aspect of the application and if the removal of the tree is not supported by Council, the application should be refused. This report considers the permit application and concludes that, on balance, the proposal represents an orderly and acceptable planning outcome, subject to the recommended changes and conditions. The 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  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 Since the permit application was lodged the conditions of the application site have changed. Fill has been placed along the western boundary of the site (adjoining 78 Mundy Street) without planning consent and so planning enforcement proceedings have commenced. Buildings on the site have been demolished with the appropriate building approvals in place. Planning approval was not required for the demolition which has occurred. The demolition and fill activities have given rise to a number of noise and environmental complaints with involvement from regulators including WorkSafe, the Environment Protection Authority and City officers (Planning Compliance Officer and Environmental Health Officers). Officers were also made aware that a tree, which requires planning approval for removal under this application, was removed from the site during the demolition of the buildings. The owner and their contractor were immediately advised to cease that activity pending the outcome of this application.

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Planning for Growth - Reports

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Report Subject Site and Surrounds

Figure 1: Location map showing subject site. Objectors’ properties marked with a star. Where multiple objections have been received from the same property these are noted with multiple stars. The location of the street tree to be removed is shown in green.

The site is located on the southern corner of Mundy and Havlin Street West and is an irregular shaped lot of 7,217 square metres. Historically the site was used by Bendigo Bottlers P/L as a drink and preserves factory before it was redeveloped and extended in the late 1960s for the purpose of a Stonemans supermarket. The supermarket use ceased in 1995 or 1996 and since that time until relatively recently the site was used as a furniture store Features of the site and adjoining land include:  frontage of 97 and 64 metres to Havlin Street West and Mundy Street respectively;  fall of approximately 1.5 metres west to east towards Back Creek;  currently vacant, with the exception of native and exotic vegetation generally contained within the southern half of the site;  a 2 metre wide drainage easement traverses the site;  an avenue of English Elm trees exists on both sides of Mundy Street;  an interface with adjoining dwellings to the west at 78 Mundy Street (single storey constructed in 1930) and 114 Brougham Street (single storey constructed in 1940);  an interface with a vacant lot at 112 Brougham Street to the west (this site was formerly part of the application site until subdivided off the land in 1996).

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Planning for Growth - Reports

Ordinary Meeting - 7 May 2014

City records indicate that two in-ground petrol tanks were located within this property, approximately 15 metres from the Brougham Street frontage and 40 metres from the boundary with the application site in 1969 associated with the Stonemans Supermarket. It is not known if the tanks have been removed;  on the Havlin Street West frontage of the site, a group of seven Poplar trees are present. Two of these are actually located within the application site;  Ewing Park is located to the south which includes a sporting oval, playground, cricket nets and pavilion building; and  on the southern property boundary (within Ewing Park itself) are approximately 23 River She–Oak trees. The broader context of the site is that adjoining land on the southern side of Mundy Street (within the Heritage Overlay) and eastern side of Brougham Street are an intact grouping of dwellings constructed in the interwar period and 1940s. On opposite side of Mundy Street (within the Neighbourhood Character Overlay) between Abbott Street and Havlin Street West are a number of dwellings from the Victorian, Interwar and Post War period. West of the application site, on the opposite side of Back Creek, Mundy Street contains a mixed grouping of predominantly Victorian and Interwar dwellings. Havlin Street East heading away from the application site north between Mundy and Skene Streets has a grouping of post war cream brick dwellings, a set of brown brick flat roofed dwellings before a further grouping of interwar dwellings. Havlin Street West heading north away from Mundy Street contains a further grouping of inter war dwellings. All dwellings in the immediate area appear to be used for residential purposes The site is close to stops for the Bendigo urban bus network (which runs down Williamson Street) and is within very easy walking distance of the Bendigo CBD. The site adjoins both Ewing Park and the Back Creek, which includes a walking/cycling track. Proposal Subdivision: The application seeks to subdivide land into 26 lots. The lots range in size from 112 to 437 square metres. A two way road, to be vested in Council, is proposed to be created providing for entry and exit to the site to and from Mundy and Havlin Street West. Visitor parking will be located within this road. The balance of the access will be in the form of common property linked to the relevant benefitting lots/ building modules. One of the areas of common property (running between Lots 17 -26) is proposed to provide an ‘exit only’ single lane to Mundy Street.

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Planning for Growth - Reports

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Figure 2: Proposed plan of subdivision

Development: The land is to be developed with eight buildings, being a mix of detached dwellings (three of the dwellings) and five building modules which contain attached dwellings. Seven of the buildings are to be two storeys, one is to be three storeys and also contain the proposed cafe. A total of 26 dwellings are proposed with nine to be two bedrooms; nine to be three bedroom and eight to be four bedroom. Specifically the land is to be developed as follows: Lot 1 - is to contain a two storey, detached four bedroom dwelling with attached double garage on a lot of 400 square metres; accessed from the proposed road. This dwelling will actively front Mundy Street and adjoins the existing dwelling at 78 Mundy Street. The dwelling contains hipped colorbond clad roof shapes and will be clad in weatherboard and face brick

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Planning for Growth - Reports

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Figure 3: Lot 1. Three dimensional rendering viewed from Mundy Street.

Lots 2-5 (Inclusive) have lot areas in the range of 131 to 160 square metres and will be constructed as an attached group of four, two storey, flat roofed dwellings, each containing two bedrooms, a balcony and integrated single garage accessed from the proposed road. These lots adjoin 78 Mundy Street and the dwellings have been designed to step in and out providing articulation to both the front and rear elevations.

Figure 4: Lots 2-5. Three dimensional rendering viewed from proposed road looking North West.

Lot 6 is to contain a two storey, detached three bedroom dwelling with attached double garage on a lot of 330 square metres. The lot will be accessed from the proposed road and common property. This lot adjoins existing dwellings at 78 Mundy and 114 Brougham Streets. The dwelling contains a low pitched colorbond hipped roof and will be clad in weatherboard, face brick and render.

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Planning for Growth - Reports

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Figure 5: Lot 6. Dwelling floor plan and three dimensional rendering viewed from common property looking west.

Lot 7 is to contain a two storey, detached three bedroom dwelling with attached double garage on a lot of 400 square metres. The lot will be accessed from the proposed road and common property. This adjoins the existing dwelling at 114 Brougham Street and vacant land at 112 Brougham Street. The dwelling contains a low pitched colorbond hipped roof and will be clad in weatherboard, face brick and render.

Figure 6: Lot 7. Three dimensional rendering viewed from common property looking west.

Lots 8-12 are to contain an attached group of five, two storey dwellings to contain either three or four bedroom and all the lots are proposed to adjoin Ewing Park. Lot 8 is to be 237 square metres with the other lots 236 square metres. Each will contain an integrated double garage which will be accessed from the proposed road. Visually permeable fencing is proposed to be used between the dwellings and Ewing Park. No gates or direct access to the park is proposed. Each dwelling is proposed to contain a flat roof, with a central, raised gable section. The dwellings are proposed to be clad in weatherboard, face brick, render and use colorbond for the roof.

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Figure 7: Lots 8-12. Three dimensional renderings viewed from the proposed road (south) and from Ewing Park (north).

Lots 13-16 are to contain an attached group of four, flat roofed, two storey dwellings of three bedrooms. Lots 13 and 16 are to be 214 square metres and lots 14 and 15 are to be 177 square metres. Each lot will be accessed from the proposed road and common property and will actively front Havlin Street West. The dwellings are proposed to be clad in weatherboard, face brick, render and use colorbond for the roof.

Figure 8: Lots 13-16. Three dimensional renderings viewed from Havlin Street West.

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Lots 17-20 are proposed to be a three storey ‘landmark’ building. The building is to contain a café at the ground floor level and a total of four dwellings. Ground floor will contain an entrance from Havlin Street West to each dwelling and a double garage (access via common property), with exit only to Mundy Street provided at the rear of the lots. The balance of each dwelling is spread across the upper two levels of the building. The building is to contain a flat roof and be clad in face brick (lower levels) and painted render on the upper levels. The building assumes a wedge shape with the narrowest point orientated to the Mundy/Havlin Street West corner of the building. Articulation to the building is provided by the use of varied materials and deck/balcony areas.

Figure 9: Lots 17-20. Three dimensional rendering viewed from Havlin Street West.

Lots 21-26 are an attached group of six, two storey dwellings each to contain two bedrooms and an integrated double garage. Lot 21 is to be 185 square metres, lots 22 – 25 are to be 112 square metres each and lot 26 is to be 128 square metres. Each dwelling will be accessed from the proposed road and common property with one way exit onto Mundy Street. The dwellings are to front common property, with the end dwelling (lot 21) to have an entrance and active presentation to Mundy Street. Each dwelling is proposed to contain a gable roof and is proposed to be clad in weatherboard and render and use colorbond for the roof.

Figure 10: Lots 21-26. Building floor plan (ground floor) and three dimensional rendering viewed from Mundy Street. PAGE 28


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Use of land: As mentioned previously, part of the land is proposed to be used for a food and drink premise (café). This use is to occupy 80 square metres of the building to be constructed as part of lots 21-26 (the three storey building). Vegetation removal Native and exotic vegetation requires planning approval to be removed from the site. The applicant seeks approval to remove the majority of the vegetation on the site, with the exception of 2 poplar trees (which form part of a grouping of these trees which extend into Ewing Park) Parking reduction: The total number of spaces required to be provided by the Planning Scheme is 60 spaces as follows:  Two car spaces per dwelling (total of 52 required);  One visitor space per five dwellings (total of 5 required); and  Three spaces for the café (based on a floor area of 80 square metres and the Planning Scheme rate of four spaces per 100 square metres of leasable floor area). The total of car spaces provided on site is 58. A reduction of two spaces is required (associated with the proposed café). Works (filling of land): Filling of part of the site is required to achieve the minimum finished floor level as nominated by the North Central Catchment Management Authority due to the proximity of Back Creek. The amount of fill required is estimated to be between 6 and 700 cubic metres. Planning Controls – Greater Bendigo Planning Scheme The planning permissions required for the proposal are:  General Residential Zone - a permit is required to subdivide land and to construct more than one dwelling on a lot; and to construct a building and use land for a food and drink premise;  Environmental Significance Overlay Schedule 1 - ‘works’, specifically filling of the land and removal of vegetation (including non-native vegetation);  Clause 52.06 (Car parking) - a permit is required to reduce the amount of parking the planning scheme states should be provided  Clause 52.17 (Native vegetation) - a permit is required to remove vegetation. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework    

11.05 Regional Planning 13.03-1 Use of contaminated and potentially contaminated land 15.01 Urban environment 15.02 Sustainable environment PAGE 29


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 16.01 Medium density housing Municipal Strategic Statement         

Municipal profile (clause 21.01). Key issues and influences (clause 21.02). Vision - strategic framework (clause 21.03). Strategic directions (clause 21.04). Settlement (clause 21.05). Housing (clause 21.06). Infrastructure (clause 21.09). Reference documents (clause 21.10). Monitoring and review (clause 21.11).

Local Planning Policies  N/A Other Provisions       

32.08 General Residential Zone 42.01 Environmental Significance Overlay (Schedule 1) 52.06 Car Parking 52.17 Native Vegetation 55 Two or more dwellings on a lot and residential buildings 56 Residential Subdivision 65 Decision Guidelines

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

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

Department of Environment No objection subject to conditions and Primary Industries Goulburn Murray Water

No objection subject to conditions

North Central Catchment No objection subject to conditions nominating the Management Authority minimum finished floor levels for dwellings and garages.

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Referral

Comment

Strategy Unit

Supportive, noting planning policy supports infill development.

Traffic Engineer

No objection subject to conditions

Drainage Engineer

No objection subject to conditions

Environmental Health (Food No objection subject to conditions and Tobacco) Urban Design Advisor

No objection subject to conditions

Parks & Natural Reserves Objection to the removal of the street tree (English Unit Elm). Recommends that access be denied entirely from Mundy Street. Requested tree protection conditions on any permit which may issue. 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, 12 objections were received, with the grounds of objection being:          

Character concerns (at odds with heritage and predominant single storey character); Landscaping (removal of street trees, native /non-native trees; density/ configuration at odds with existing ‘garden setting’ of dwellings); Parking/traffic (lack of visitor parking, café use will add further stress to on-street availability); Over development. Preference is for lower density/scale dwellings with less site coverage); Amenity (noise; overshadowing/looking, solar access and loss of view of avenue of street trees); Flooding concerns (development should not be permitted owing to level of site in the 1:100 year flood); Impacts on bluestone guttering; Staging of the development (what is the order/timeframe for construction?). Impacts of ‘known’ mine shafts and presence of underground fuel tanks on adjoining land; and Flooding impacts

The objections are discussed below. Planning Assessment The principle of residential development in this location having regard to site history and contamination:

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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 in the General Residential Zone) hence policy support for 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.

Figure 11: Extract from current Residential Strategy (2004) showing the application site just outside the central activity district.

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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. In this regard, the policy attributes of the application are excellent. There are few known, if any, sites of this size proximate to the CBD available for this type of development. Clause 13.01-3 has an objective to ‘ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely’. The relevant strategy to achieve this objective is to ‘require applicants to provide adequate information on the potential for contamination to have adverse effects on the future land use, where the subject land is known to have been used for industry, mining or the storage of chemicals, gas, wastes or liquid fuel’. In the case of this site, there are a few potential areas of concern relating to environmental risk and contamination. Firstly, through the consultation process, officers were advised that an adjoining lot was formerly part of the Stonemans Supermarket and contained underground fuel tanks. This was subsequently verified by a review of the City’s archived records. The records show that the tanks were located a short distance from Brougham Street (approximately 15 metres) and around 40 metres from the site of this application. It is not known whether the tanks have been removed. The risk in this case is related to whether the tanks failed at some point and whether petrol has migrated to this application site. In the process of the demolition of the buildings on the site, it has been revealed that tailings (grey sand) were used as fill under the former bottling factory and supermarket. This material has been stockpiled on site and the Environment Protection Authority is involved in testing this material, which would need to be managed and removed to a suitable facility. The former use as a bottling factory is not considered to be an offensive form of industry. It is also relevant that the level of exposure to underlying soil will be minimal as a result of the coverage of the site for buildings, access and the amount of clean fill to be brought onto the site. Despite these mitigating factors, officers believe it is prudent that a condition of any permit to issue include a requirement that the applicant commission an independent assessment regarding contamination which would include a soil management plan. Is proposed subdivision and development an acceptable urban design outcome? The General Residential Zone has purposes to: encourage development that respects the neighbourhood character of the area; implement neighbourhood character policy and adopted neighbourhood character guidelines; provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport; and allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations [author emphasis]. In this case, the proposed development is viewed as being in accordance with the zone purposes.

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It is relevant to note that adjoining land is within the Heritage Overlay and adjacent land within the Neighbourhood Character Overlay. The application site, however, is not within either overlay. As has been outlined earlier in this report, the local area has a very strong and well defined character which is dominated by dwellings predominantly from the Victorian to Interwar periods. This character is recognised by the City’s Residential Character Study. As shown in Figure 12, land to the west of the site is within a designated character policy precinct (being Precinct Central Bendigo 1) with land to the east over Back Creek being within Precinct Strathdale Kennington 1. The application site is not within either the Central Bendigo or Strathdale Kennington character precincts, which is not surprising given the fact the site does not have a history of residential use and at the time of the Character Study, was being used for a commercial purpose. Whilst not in either character precinct area, the proposal is not at odds with the objectives of either policy.

Figure 12: Map showing boundaries of Residential Character Precincts Central Bendigo 1 and Strathdale Kennington 4.

The elements of the development which have led to the officer judgement that the proposal is an acceptable urban design outcome include:  The dwelling on lot 1, which adjoins 78 Mundy Street, is arguably the most conservative dwelling within the development as a whole. The dwelling (as are all in the development) is two storey, however the second storey has been setback behind the front wall of the dwelling and set in at the sides in order to respect the single storey dwelling form of the adjoining dwellings. Materials proposed are conservative and reflect materials found in the street.

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

 













Ordinary Meeting - 7 May 2014

Lots 2-5 are a group of dwellings which have been designed as an attached building module which step in and adequately break up the impact of the length of wall and the impacts on the backyard of 78 Mundy Street. The use of a flat roof serves to keep the overall height of this dwelling lower (6.2 metres, compared to the lot 1 dwelling which is a little over a metre higher at 7.24 metres. A condition is proposed to include additional windows on the northern elevation of Lot 2 to improve energy efficiency. Lots 6 and 7 are both detached dwellings which similar to lot 1, adopt a more conservative design response with the use of hipped roofs and articulated second storeys to minimise bulk. Lots 8-12 are an attached group of dwellings and have been designed to be contemporary in form, adopting part flat and part gable ended roofs. These dwellings will present well when viewed from outside of the site, in particular when viewed from Ewing Park. They propose to use visually permeable fencing to take advantage of the views available, whilst providing balconies at the rear (above the garages) to provide for an area of usable private open space which is well orientated to the north. Lots 13-16 are flat roofed dwellings which have staggered front setbacks in response to the irregular shape of the lot and alignment with Havlin Street West. These dwelling have been designed so as to present actively to Havlin Street West and have an outlook over Back Creek. Lots 17-20 are within the three storey building containing four dwellings and the café. This building is the most contentious in the development by virtue of its height (requiring variation to a ResCode standard related to building height); its very contemporary form and its wedge shape. The applicant submits this proposed building is a ‘landmark corner building’ which will ‘activate the corner and provide a spot for community to gather’. The current design does not respond particularly well to its context and would benefit from the introduction of vertical elements to break up the horizontal form and give the building a more residential appearance. The recommended conditions will require further articulation to the building in order to break up its visual bulk, in particular the Havlin Street West elevation and a reduction in the bulk at the proposed balconies. Lots 21-26 are a group of six dwellings located to the centre of the site. The dwellings have been designed so that the lot closest to Mundy Street (lot 21) has an active presentation (entrance and windows) to that street, whilst the balance of the dwellings front the proposed road. Overall, the development has been designed to strike a balance of minimising amenity and character impacts on the established street, presenting positively to, Ewing Park and Back Creek with a diverse range of building styles ranging from detached housing to two bedroom dwellings. A simple palette of materials serve to reflect the established character of the area, whilst being a contemporary medium density insertion into the neighbourhood. Half of the dwellings have been ‘rear loaded’ with their garages at the rear of the dwelling and a separate pedestrian entrance at the front which means that the overall presentation of the development is that the dominant presentation of the dwellings from existing and proposed roads is generally a dwelling façade, not a garage. The access has been designed in such a way that no dwelling requires a separate crossover to either Mundy Street or Havlin Street West meaning only one established street tree requires removal as result of the development.

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Does the proposal comply with ResCode and provide an acceptable level of amenity for existing and future residents? The purpose of Clause 55 Two or more dwellings on a lot and residential buildings includes the need to achieve residential development that respect neighbourhood character and provides reasonable standards of amenity for existing and new residents. It is a requirement of Clause 55 that a development must meet all of the objectives of the clause and should also meet all of the standards. All objectives have been assessed and have been met. The objectives relevant to the issues raised by objectors are considered below: B1 Neighbourhood Character The objective is to ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character and to ensure that development responds to the features of the site and the surrounding area. For the reasons noted previously, whilst the development is not ‘more of the same’, for example seeking to replicate the predominant Victorian and Interwar architectural styles in the area, the proposal, with minor revisions has been assessed as representing an acceptable urban design response to this site and as a whole has had good regard to its context. B3 Dwelling diversity The objective applies to development of 10 or more dwellings and the standard states that development should provide dwellings ‘with a different number of bedrooms’ and ‘at least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level. Lots 1, 7, 8-12 and 13 achieve the latter, and it is evident from the range of dwellings (two, three and four bedrooms) that diversity within the development is achieved. B4 Infrastructure The objective is to ensure development is provided with appropriate utility services and infrastructure which does not unreasonably overload the capacity. The City’s drainage engineer has assessed the proposal as being acceptable subject to appropriate conditions. In addition all service providers such as Powercor have no concerns over the proposal. B5 Integration with the street The objective of this clause is to integrate the layout of development with the street. One of the standards is that developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility. As has been outlined previously, the development has a high degree of compliance with this clause in seeking to actively address the street and ‘rear loading’ lots so that the dominant façade presentation is that of dwellings, not garages.

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B6 Street setback The lot 1 dwelling setback matches that of the adjoining dwelling (5.414 metres), thus complies with this objective and standard. The setback of the middle group of dwellings (lots 21-26) is 5 metres which is also acceptable. B7 Building height The corner building (lots 17-20) does not comply with the ResCode standard which states a building should not exceed 9 metres. The building is 9.98 metres at its highest point. Whilst the standard is not met, the following matters must be considered in order to determine if the objective is met.      

Any relevant neighbourhood character objective, policy or statement set out in this scheme. Any maximum building height specified in the zone, a schedule to the zone or an overlay applying to the land. The design response. The effect of the slope of the site on the height of the building. The relationship between the proposed building height and the height of existing adjacent buildings. The visual impact of the building when viewed from the street and from adjoining properties.

With regard to the first two points, there is no character policy or statement in the Scheme related to this site, nor is there a maximum building height specified in the zone schedule. The design response is that a ‘landmark’ building for the corner of the site has been considered as being the most appropriate location for a building of that scale as it is buffered from existing adjoining development to the west by the lower scale two storey dwellings proposed. Impacts on adjacent property are mitigated by the presence of the road reserve, boulevard of English Elm trees and Back Creek. These factors and the siting of building have led to a conclusion that whilst the numerical standard is not met, overarching objective is met by a building of over 9 metres in height. Furthermore design changes required by condition will reduce the visual impact of the building.

the the the the

B10 Energy efficiency This objective and standard seek to ensure a reasonable level of amenity for both existing and proposed residences is achieved. For new development, the standard relates to the orientation of lots, and the location of living areas and open space, for existing residences not reducing their energy efficiency. The development has been designed in order to provide for a good outlook to existing streets and the park and the result is that many of the dwellings (particularly the attached building modules) do not have access to a northerly aspect as they are attached dwellings. This is particularly the case for the three storey building.

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There is clearly opportunity for lots 2 and 16 which are the northerly facing dwellings on their respective building modules, to have more north facing windows. In the case of lot 2, the window would have to be a high level or obscure glazed window to avoid issues of internal views. In the case of lot 16, no issue would present. These changes are in the recommended permit conditions. Whilst optimal energy efficiency is not achieved for every dwelling, the objective and standard when viewing the development as a whole is met. B11 Open space objective The objective of this standard is to integrate the layout of development with any public and communal open space provided in or adjacent to the development. As has been outlined previously, the development does not provide direct access to Ewing Park (in fact recommended DEPI conditions preclude access entirely), but the dwellings facing the park have been designed to have a direct outlook into the park. The layout of the development in relation to Back Creek and Ewing Park clearly meets this objective. B13 Landscaping The application seeks approval to remove the majority of the established vegetation on the site. The recommended conditions include a requirement that detail of how existing vegetation in the road reserve and Ewing Park will be protected during construction as well as identified locations where high canopy trees, to replace those being removed, could be planted. The landscaping plan condition requires that a minimum of four canopy trees be planted. The objective is considered to be met. B15 Parking location The objective of this clause is to provide convenient parking for resident and visitor vehicles and protect residents from vehicular noise within developments. The car parking in all cases is located as an integrated part of each building. Visitor parking is provided for throughout the development (6 in total) B21 Overshadowing The objective is to ensure buildings do not significantly overshadow existing buildings. The standard requires that at least 40% of private open space receives a minimum of 5 hours of sunshine measured between 9am and 3pm on September 22.

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Figure 13: Overshadowing at 10am.

Overshadowing plans have been provided which demonstrate that the proposal would comfortably comply with the standard. The figure above shows that from 10am onwards, the only potentially impacted dwelling (78 Mundy Street) is not overshadowed which means that the dwelling receives the requisite 5 hours of sunshine between 9am and 3pm B22 Overlooking The objective is to limit views into existing secluded private open space and habitable room windows. The development has been designed to meet the overlooking standard. At ground floor level all views to the adjoining dwelling would be obscured by a fence (required to be 2 metres in height as per recommended permit condition 6). At first floor level, overlooking is prevented through windows being located 1.7m above floor level. B28 Private open space The objective is to provide adequate private open space for the reasonable recreation and service needs of residents. The standard required is for each dwelling to have a minimum of 25 square metres to the side or rear or a balcony with 8 square metres. The standard is met for all dwellings. B29 Solar access to open space This objective and standard is relevant to Lots 8-12. The minimum dimension for the location of open space on the south side of the dwellings does not meet the required minimum dimension for open space as an area having a width of 7.58 metres would be required. The dimension proposed is 4.9 metres. The overall objective is considered to be met as the land beyond boundary is public open space and a second area of open space (a balcony) is provided on the north side of these dwellings. PAGE 39


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The impact of the removal of street trees on amenity in Mundy Street. The removal of the street tree (English Elm) and vehicular access to Mundy Street is not supported by the City’s Arborist because the trees are part of an historic avenue. Access to Mundy Street is not opposed by the City’s Transport Engineer, subject to standard conditions. The tree in question is subject to periodic lopping to keep its canopy clear of overhead power lines; the result of this is that the canopy assumes a ‘Y’ shape. This contrasts with the Elms on the opposite side of Mundy Street which are not impacted by power-lines and have full canopies. Following the objection of the City’s arborist, an onsite meeting was conducted with the applicant, arborist and author of this report. The applicant was asked if they would redesign the proposal to avoid removal of the tree, however, declined to do. The applicant requests that the application be determined in the submitted form. The removal of the street tree does not require planning approval, however if Council was of the view the tree should not be removed the application should be refused. Other options available to Council in addressing the issue of the tree are cumbersome and uncertain. For example, if Council were to conditionally approve the application, require the retention of the tree and either deny access to Mundy Street entirely or require the existing crossover to be used this clearly would require a complete redesign of the proposal. A redesign, assuming the use of the existing crossover to Mundy Street, would impact at least lot 1 and possibly lots 2-5. Without having an idea of the form this redesign would take it would be inappropriate to conditionally require a redesign as Council could not be certain that the development would remain appropriate with regard to urban design and ResCode considerations. It is also relevant to note, that if the Council were to conditionally require a redesign, this would mean that objecting parties would not have an opportunity to comment on or object to the revised development. It is for these reasons it is not the recommendation of the author that the access and dwellings be redesigned by permit conditions although it is clearly an option for Councillors. If Council supports the application in the submitted form, it would also effectively be making a decision that the tree can be removed. In the event that Council were supportive of the removal of the tree, it is recommended that a condition requiring a development contribution (based on an amenity tree valuation by the City’s Arborist) be included in the permit. Whether there will be an adverse impact on flooding, traffic, safety and car parking availability in the area. The application site is not within the Land Subject to Inundation Overlay; although anecdotal evidence is clear that the site periodically floods and the latest flood study conducted by the North Central Catchment Management Authority confirms this. The issue of flooding is to be addressed by the proposed filling of the land; and advice from the North Central Catchment Management Authority is that the filling of the land will mean the development is situated above the flood level determined for the site. The filling is generally confined to the half of the lot facing Havlin Street West, with the conditions requiring the buildings be between 200 to 400mm above what is shown on the plans. PAGE 40


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The filling required will not impact the adjoining dwellings on Mundy and Brougham Streets and does not impact the assessment that the urban design of the proposal is acceptable. Traffic and parking impacts in the area are an important consideration in every application, in particular in this case owing to the application including a reduction of 2 car spaces (associated with the proposed café). Stage 2 of the Ewing Park redevelopment (as at figure 14) is understood to be part of Council’s current budget deliberations. It is important to consider the impact of this redevelopment with regard to parking and traffic management as both this proposal and the Ewing Park redevelopment will impact each other. Features of the redevelopment include:  Realignment of Havlin Street West including narrowing of the two way street with single lane in one section.  Redevelopment of Harcourt Street for accessibility.  Construction of car parking.  Construction of kerb and channel.  Construction of a boundary fence around the proposed oval.  Construction of an accessible pathway.  Construction of a second junior oval.

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Figure 14: Plan of Ewing Park redevelopment.

The application site does enjoy the benefit of existing angled and line marked parking in the Havlin Street West road reserve. Some of this parking adjoining the application site will be lost to the proposed road as part of this development.

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The proposed redevelopment (if it were funded and proceeds) would provide additional formed parking close to the site which would be available for public use. The reduction of two car spaces is not considered to be unreasonable; and even if the Ewing Park redevelopment does not proceed, capacity does exist to absorb the two car spaces not provided on the site. Regarding traffic impacts, the City’s Transport Engineer has not raised the issue of any particular impact to the broader road networks as a result of the extra 260 vehicle movements per day predicted for a development of this type. This is subject to the submission of a detailed functional layout plan as is required in permit condition 5. Other issues raised by objectors. Impacts on bluestone guttering:  Conditions recommended by the City’s Transport Engineer require that the existing guttering be retained. These conditions form part of the recommended permit conditions. Staging of the development (order/timeframe for construction):  This is a legitimate concern as local residents can expect there will be impacts throughout the construction phase of the development. In response to this issue, the recommended permit conditions include the requirement to submit a staging plan (which can be made available to nearby land owners when endorsed) and in addition to this, given the scale of the development, a condition requiring the submission of a construction management plan is recommended which will include matters such as hours where construction activity will occur and how the development site will be managed in an environmental sense. Conclusion The site is in an excellent location to provide new housing in terms of accessibility to the Central Business District of Bendigo, employment opportunities, leisure and shopping facilities and public transport. The proposal provides for a diverse range of housing types from two to four bedroom dwellings and represents an acceptable urban design outcome on this site, which has been historically used for a non-residential purpose. The removal of the street tree (English Elm) from the established boulevard is a contentious aspect of the application and if the removal of the tree is not supported by Council, the application should be refused. This report considers the permit application and concludes that, on balance, the proposal represents an orderly and acceptable planning outcome, subject to the recommended changes and conditions. The report recommends that the Greater Bendigo City Council issues a Notice of Decision to Grant a Planning Permit. Options Council, acting as the responsible authority for administering the Planning Scheme, may resolve to: grant a permit, grant a permit with the recommended conditions, grant a permit with alternative conditions or refuse to grant a permit. PAGE 43


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Attachments  Objections. RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for a 26 Lot subdivision (staged), construct 26 dwellings (8 detached building modules, 7 double storey and 1 triple storey) construction and use of food and drink premise (café), removal of native vegetation, works (filling of land) and parking reduction at 34-36 Havlin Street West, BENDIGO 3550 subject to the following conditions: 1.

MODIFIED PLANS AND DOCUMENTS REQUIRED Before the subdivision, use, development, vegetation removal, works and parking reduction starts (or at another time as agreed in writing with the responsible authority), amended plans and documents 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 (Sheets 1-94 date stamped 19/11/2013) but modified to show: (a) Alterations to the design of the building on lots 17-20 to provide for an improved design in terms of articulation (particularly to the entrances from Havlin Street West), use of materials and finishes; and reduction in the bulk of the projecting balconies. (b) Lot 2 and 16, provision of windows to the northern elevation in accordance with standard B10 of ResCode; (c) Lot 13 – windows to the southern elevation to break up the southern elevation (wall facing Ewing Park); (d) Functional layout plan and changes required by the Transport Engineer noted at condition 5; (e) Landscaping plan to accord with condition 3; (f) Contamination assessment in accordance with 6 (g) A construction management plan to accord with condition 11 (b); (h) A drainage plan to accord with condition 13 and 14; (i) Finished floor levels in accordance with North Central Catchment Management Authority Condition 17; and (j) A plan showing the staging of the subdivision and development.

2.

NO LAYOUT ALTERATION The subdivision, use, development, vegetation removal, works and parking reduction permitted by this permit as shown on the endorsed plans and 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.

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LANDSCAPING PLAN Before the development starts, a landscape plan prepared by a suitably qualified landscape architect must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) Details of surface finishes of pathways and driveways including an alternative surface treatment for the driveway which reduces the expanse of concrete/hard surfacing; (b) Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant; (c) Exact location and detail of vegetation to be retained within the development (Poplar trees on Havlin Street frontage of the site and any other vegetation to be retained) and their method of protection during the construction phase; (d) The location of canopy trees (no less than 4) to replace the canopy trees to be removed on site (opportunity to canopy tree plantings exist to the sides/rears of lots 5- 13 inclusive); (e) The methods of protection of vegetation in Ewing Park along the southern boundary (She-Oak trees) which must be retained; and (f) The methods of protection of vegetation in the Mundy Street Road reserve (English Elm trees). All species selected must be to the satisfaction of the responsible authority.

4.

OREMOVAL OF TREE – AMENITY LEVY (a) The applicant and/or owner is required to pay the City of Greater Bendigo a fee to offset the amenity loss of the road reserve tree (English Elm tree in Mundy Street). The amenity levy is $4,729.60 and has been determined in accordance with the Draft Australian/New Zealand Standard on Amenity Trees – Guide to Valuation: July, 1999. (b) The Developer is responsible for the complete removal (including the grinding and reinstatement of the tree stump) of the aforementioned tree, with all expenses borne by the applicant and/or owner. (c) A suitably qualified and insured tree works Contractor must be engaged by the applicant and/or owner to undertake the tree removal works. The applicant and/or owner is responsible for ensuring that the Contractor engaged for these works, directly contact the City of Greater Bendigo Arborist with detail of their works schedule and safe systems.

5.

TRANSPORTATION ENGINEER (a) A functional plan must be submitted for approval detailing a CHR(S) right turn treatment. (b) The 1.5m wide bike lanes are to be maintained. (c) Parallel parking bays need to be 6.7m long. (d) The entry/exit, the internal roadway and the parking areas must be sealed and the car parking spaces line marked and maintained to Council’s satisfaction.

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(e) The car park must be provided with public lighting in accordance with AS/NZ 1158.0-2005/Amdt 2-2010 minimum lighting category P11/P12 and the fittings are to minimise spill lighting on to neighbouring property (including road reserves) in accordance with AS/NZ 4282-1997. (f) The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-8. (g) The driveway in Havlin St West between the property boundary and the kerb must be constructed in accordance with the Infrastructure Design Manual SD 250. A Works within Road Reserve Permit must be obtained from Councils Engineering and Public Space Unit prior to commencing this work. (h) The driveways in Mundy St between the property boundary and the road must be via a properly constructed driveway, to the satisfaction of Council. The bluestone pitcher gutter must not be disturbed. The driveway must be designed to cater for the existing water flow capacity of the bluestone pitcher gutter. A Works within Road Reserve Permit must be obtained from Councils Engineering and Public Space Unit prior to commencing this work. (i) Any driveway must be 1.0m clear of power poles. (j) Any driveway must be 1.0m clear of stormwater pits. (k) Any driveway must be a minimum 2.0m clear of tree trunks. For trunks greater than 200mm wide, offset required is 1m per 100mm. (l) If the existing layback is not used, it must be removed, and barrier kerb reinstated. (m) Vehicle crossings need to be at 90o to the road and the property boundary. (n) All vehicles must enter and exit the site in a forwards direction. (o) Changes to the existing parking layout (marked angled bays in Havlin Street West) need to be clarified. Some kerb changes may be required. (p) Suitable bollard lighting must be provided to common property areas. (q) Suitable street lighting must be provided in Havlin Street West and any new roads created. (r) Details of bicycle parking facilities (5 in total) are required in accordance with clause 52.34. 6.

CONTAMINATION ASSESSMENT Prior to the certification of a plan of subdivision, an Environmental Site Assessment and Soil Management Plan must be submitted to and approved by the responsible authority. The assessments must identify the location and type of contaminants on site and how soil will be managed and disposed of if found on the site.

7.

ACOU FENCING OF SITE The site must be fenced to the satisfaction of the responsible authority and must include a wooden fence overlapped and capped to a height of 2 metres on the western boundary prior to the occupation of the development.

8.

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

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9.

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

10.

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.

11.

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

12.

CONSTRUCTION PHASE/ CONSTRUCTION MANAGEMENT PLAN (a) 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. (b) Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. This plan shall include, but not be limited to: 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. Details as to how adjoining and nearby property occupiers will be briefed on the progress of the development to minimize disruption of day to day activities. Details of the dispute resolution process to be used in the event of complaint from adjoining and nearby property occupiers. During construction of works associated with the development, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority.

13.

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

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14.

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.

15.

CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the City of Greater Bendigo Infrastructure Design Manual and plans and specifications approved by the Responsible Authority and must include:Internal Roads (a) fully sealed pavement with kerb and channel; (b) paved footpath; (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 Havlin Street (a) 1.5m wide Concrete Path on frontage of lots 13 – 16

16.

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 the conditions above.

17.

NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORTY (a) All newly created allotments must be filled to no lower than applicable flood level, i.e. no lower than 218.7 metres AHD. All fill must be contained within the development boundary and must not extend onto neighbouring properties. (b) The finished floor level of all new dwellings must be constructed a minimum of 300mm above the applicable flood level of 218.7 metres AHD, i.e. no lower than 219.0 metres AHD. (c) The finished floor level of all new garages must be constructed a minimum of 150mm above the applicable flood level of 218.7 metres AHD, i.e. no lower than 218.85 metres AHD. (d) A separate “Works on Waterway” licence for any new or modified stormwater connection must be obtained directly from the North Central Catchment Management Authority. Please contact North Central CMA on telephone 5440 1896 to obtain a full understanding of the North Central CMA’s requirements.

18.

DEPARTMENT OF ENVIRONMENT AND PRIMARY INDUSTRIES (a) No polluted and/or sediment laden run-off or other concentrated flow of water is to be discharged directly or indirectly into the adjoining Crown land.

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(b) Prior to work commencing, the shared boundary with Crown land must be fenced to the satisfaction of the responsible authority and the Department of Environment and Primary Industries at the applicant’s expense. Fencing must be erected: on the boundaries of the land; without gates or openings on to adjoining Crown land. 19.

GOULBURN MURRAY WATER (a) All works within the subdivision must be done in accordance with EPA Publication 960 “Doing It Right on Subdivisions, Temporary Environmental Protection Measures for Subdivision Construction Sites”, September 2004. (b) Each lot must be provided with connection to the reticulated sewerage system in accordance with the requirements of Coliban Water. (c) All stormwater discharged from the site must meet the urban run-off objectives and Standard C25 as specified in Clause 56.07-4 of the Victorian Planning Provisions. All infrastructure and works to manage stormwater must be in accordance with the requirements of the Responsible Authority.

20.

NATIVE VEGETATION OFFSETS In order to offset the removal of 7 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:  contribute gain of 0.015 general biodiversity equivalence units  be located within the North Central Catchment Management Authority boundary or Greater Bendigo municipal district  have a strategic biodiversity score of at least 0.100. Offset evidence Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either:  a credit register extract from the Native Vegetation Credit Register; or  a security agreement, to the required standard, for the offset site or sites, including a 10-year offset management plan to the satisfaction of the Department of Environment and Primary Industries and approved by the Responsible Authority. Every year, for ten years, after the responsible authority has approved the offset management plan, the applicant must provide notification of the management actions undertaken towards implementing the offset management plan, to the department. An offset site condition statement, including photographs must be included in this notification.

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21.

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.

22.

PRIVATE WASTE COLLECTION Unless otherwise agreed in writing by the responsible authority a private waste and recycling bins collection must be provided by the applicant in perpetuity for the development.

23.

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.

24.

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.

25.

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.

26.

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

27.

PUBLIC OPEN SPACE CONTRIBUTION The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988.

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28.

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.

29.

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.

30.

POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act. (b) The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (a payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a registered electrical contractor. (d) The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments that have been required. (e) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. PAGE 51


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(f) Any construction work must comply with the Officer of the Chief Electrical Inspector “No Go Zone” rules. 31.

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

32.

EXPIRY OF THE PERMIT – SUBDIVISION AND DEVELOPMENT 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) All other development excluding subdivision is not completed within seven years from the date of this permit. The responsible authority may extend the time for certification of the plan, or for the completion of any part of the development excluding 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.

NOTES: DEPARTMENT OF ENVIRONMENT AND PRIMARY INDUSTRIES The adjoining Crown land is not to be used for access, storage of materials or rubbish. Any private use of Crown land requires consent and/or licensing from the Department of Environment and Primary Industries. Native Vegetation Removal  Third party offsets may be available from BushBroker Over the Counter program. Please visit www.dse.vic.gov.au/nativevegetation for further information.  Any pruning or removal of tree limbs must be to the minimum extent necessary and not exceed one third of the canopy, and must not include lopping of the trunk. Provided lopping does not exceed one third of the canopy offsets are not required.  Any pruning that is required to be done within the canopy or in the root system of any indigenous trees to be retained is to be undertaken by a qualified arborist and in accordance with Australian Standard – Pruning of Amenity Trees AS4373-1996. NORTH CENTRAL CMA Flood levels for the 1 % AEP (100 year ARI) flood event have been determined for this area under provisions of the Water Act 1989. The applicable 1 % AEP flood level for the location described above is 218.7 metres AHD, which was obtained from the Bendigo Urban Flood Study 2013.

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North Central CMA advises that in the event of a 1% AEP flood event it is possible that the property may be subject to inundation from Back Creek (Spring Creek). However it is recommended that a licensed surveyor be engaged to determine the exact effect of the applicable flood level on the property. CITY OF GREATER BENDIGO ASSET PLANNING & DESIGN 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.

MOTION Moved Cr Campbell, seconded Cr Leach. That pursuant to Section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to refuse to grant a permit for a 26 Lot subdivision (staged), construct 26 dwellings (8 detached building modules, 7 double storey and 1 triple storey) construction and use of food and drink premise (café), removal of native vegetation, works (filling of land) and parking reduction at 34-36 Havlin Street West, BENDIGO 3550, subject to the following grounds: 1.

The development is contrary to State and Local Planning Policies ( 11.02-1; 15.01-1; 16.01; 21.06-1 and 21.06-3); the purposes of the General Residential Zone and clause 55.02-1 with regard to Neighbourhood Character and Urban Design specifically: (a) The dominance of garages when viewed from outside; and particularly within the development when viewed from the proposed road; (b) The attached building modules do not respect the existing and preferred character which is dominated by detached dwellings set ‘in grounds’ with generous setbacks and landscaping; (c) The visual bulk of the dwellings when viewed from outside and within the development does not respect the existing and preferred character; (d) The visual bulk of the development will adversely impact the backyard-scape particularly that of 76 and 78 Mundy Street and 108 and 114 Brougham Street; and (e) The corner building (lots 17-20) is a poor urban design outcome and out of context in the neighbourhood.

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2.

Recent demolition activity on the site revealing potentially contaminated soil is contrary to clause 13.01-3 (Use of contaminated and potentially contaminated land) in that the applicant has not provided information to demonstrate the site can be used for the development.

3.

The corner building (lots 17-20) does not meet the objective of clause 55.03-2 (Building height) in that it exceeds 9 metres and the poor quality of the design response does not warrant a variation to the standard.

4.

The application does not meet the objective of clause 55.03-5 (Energy efficiency) in that building modules on lots 3-5; 13-15, 17-20 and 22-26 (all inclusive) do not provide for living areas and/or private open space on the north side of those lots and dwellings.

5.

The application does not meet the objective of clause 55.03-8 (Landscaping) in that the majority of vegetation from the site is to be removed and the application does not propose its replacement.

6.

The application does not meet the objectives of clauses 55.05-4 and 55.05-5 (Private open space and Solar access to open space objectives) by way of the location of the areas of open space.

7.

The City of Greater Bendigo, as the relevant road manager under the Road Management Act (2004), does not consent to the removal of the established English Elm tree on Mundy Street for the development to be accessed.

8.

The proposed development will have an unreasonable impact on traffic movement in the locality.

9.

The application is inconsistent with the Decision Guidelines at Clause 65 of the Scheme, in particular: (a) The orderly planning of the area; and (b) The effect on the amenity of the area. LOST

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MOTION Moved Cr Cox, seconded Cr Williams. That the Greater Bendigo City Council resolve to adopt the recommendation with Condition 1 amended to the following: 1.

MODIFIED PLANS AND DOCUMENTS REQUIRED Before the subdivision, use, development, vegetation removal, works and parking reduction starts (or at another time as agreed in writing with the responsible authority), amended plans and documents 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 (Sheets 1-94 date stamped 19/11/2013) but modified to show: (a) Alterations to the design of the building on lots 17-20 to be reduced from three to two storey and provide for an improved design in terms of articulation (particularly to the entrances from Havlin Street West), use of materials and finishes; reduction in the bulk of the projecting balconies and be redesigned to be more residential in appearance including the use of traditional roof forms. (b) Lot 2 and 16, provision of windows to the northern elevation in accordance with standard B10 of ResCode; (c) Lot 13 – windows to the southern elevation to break up the southern elevation (wall facing Ewing Park); (d) Functional layout plan and changes required by the Transport Engineer noted at condition 5; (e) Landscaping plan to accord with condition 3; (f) Contamination assessment in accordance with 6 (g) A construction management plan to accord with condition 11 (b); (h) A drainage plan to accord with condition 13 and 14; (i) Finished floor levels in accordance with North Central Catchment Management Authority Condition 17; and (j) A plan showing the staging of the subdivision and development.

CARRIED

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2.3 105 VIEW STREET, BENDIGO 3550 - PARTIAL DEMOLITION, EXTENSION TO EXISTING BUILDING, WAIVER OF CAR PARKING REQUIREMENT AND EARTHWORKS Document Information Author

Lachlan Forsyth, Planning Officer

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Application details:

Partial demolition, extension to existing building, waiver of car parking requirement and earthworks.

Application No:

DC/947/2013

Applicant:

Borchelli Ristorante

Land:

105 View Street, BENDIGO 3550

Zoning:

Commercial 1 Zone

Overlays:

Heritage Overlay 3 Parking Overlay 1

No. of objections:

1

Consultation meeting held:

25 March 2014

Key considerations:

 Whether the waiver of one car parking space associated with the restaurant would detrimentally impact on the area and whether a financial contribution in lieu of the required space is required.  Whether the proposed development will cause detriment to the heritage character of the host building and precinct.  Whether the proposed extension will pose detriment to the amenity of the area.

Conclusion:

The application is recommended for approval on the basis that it represents an acceptable planning outcome with regard to Council’s Heritage Policy, the Commercial 1 Zone, the Heritage and Parking Overlays and Clause 52.06 (car parking). This report considers the permit application and recommends that the Greater Bendigo City Council issues a Notice of Decision to Grant a Planning Permit.

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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. Sustainability  Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets. Background Information A number of planning permits have been granted for the subject land in the past. These permits related to alterations and additions to the existing building, signage and liquor licensing. City records do not specifically indicate when the existing restaurant use commenced. It is acknowledged, however, that the restaurant has operated from the site for a number of years. Report Subject Site and Surrounds The subject site is a generally rectangular shaped parcel of Commercial 1 Zone land, located on the south western side of View Street, between Rowan and Mackenzie Streets, Bendigo. The parcel has a 4.21 metre frontage to View Street and a 4.12 metre rear abuttal to View Lane. The land contains a double storey, Victorian era brick terrace building which forms part of the Daley Buildings.

Figure 1 - Subject site and objector property (marked with a star)

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The façade of the subject building features red brick, ornate mouldings and large shop front windows at street level. The rear of the property (View Lane) is constructed of weatherboard and ‘shadow-clad timber panelling’, and features a small balcony at first floor level. The property also contains an approximate 1.8m high solid Colorbond fence fronting View Lane and a removable marquee structure which is currently used for al fresco dining. Adjoining properties are varied in nature, given the CBD location of the site. The front sections of the adjoining and surrounding buildings fronting View Street are used for a mix of commercial purposes. The rear sections of adjoining and surrounding buildings fronting View Lane feature residential apartments and commercial building appurtenances. On the southern side of View Lane, to the south west of the site is the former Anglican Church and its car park. The character of View Lane is best characterised as being a “back of house” laneway. The lane provides vehicle access and parking to the View Street shops and apartments at the rear as well as storage space for rubbish bins. There is no particular interface between the rear of the buildings abutting View Lane, except for some small balconies, stairways, ground level access doors and some small windows fronting the lane at first floor level. The topography of the area sees the land fall to the south, towards Mackenzie Street. To the immediate south-west beyond View Lane, the land has been built up extensively to form the former Anglican Church car park. Proposal The applicant seeks approval to carry out partial demolition of the existing building, to construct buildings and works and to carry out earthworks. The proposal is detailed as follows: Demolition All works will be located at the rear (View Lane frontage) of the property:  Removable marquee building  Steel stairway leading to first floor balcony  First floor, timber balcony and balustrading  Ground floor storage room/area.

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Figure 2 – Demolition plan

Buildings and Works All located at the rear (View Lane frontage) of the property:  Construction of new stairs and first floor balcony (and balustrading) measuring 7.65m in length and 4.0m in width (total floor area of approximately 26m², including the stairway).  Construction of a two storey, covered outdoor dining area, with gable roof. The total height of this structure will be 6.01 metres above ground level. Materials will include Colorbond roof, steel posts, cement sheet cladding and clear plastic blinds.  Construction of a retaining wall and ground level steps. The development will result in an increased floor area at first floor level of 16.2m² for the existing restaurant (the first floor balcony currently has a floor area of 9.8m²).

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Figure 3 – Proposed ground floor plan

Figure 4 – Proposed first floor plan

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Figure 5 – South East Elevation

Figure 6 – South West Elevation

Earthworks Approximate 1.0 metre deep excavation of the rear section of the site (6.7m by 4.0m) to allow for equal ground levels between the existing restaurant and the outdoor dining area. Car parking waiver Waiver of one car space.

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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  21.08.1 Environment (Heritage) Local Planning Policies  22.06 Heritage Policy Zone  Clause 34.01 Commercial 1 Zone Overlay  43.01 Heritage Overlay (Schedule 3)  45.09 Parking Overlay (Schedule 1) Other Provisions  52.06 Car Parking  65 Decision Guidelines Consultation/Communication Referrals The following internal departments have been consulted on the proposal: Referral

Comment

Heritage Architect / Advisor

The proposal is acceptable and will not have an adverse effect on the heritage significance of the place or precinct.

Drainage Engineer

No objection

Environmental Health Unit

No objection, subject to the inclusion of food and tobacco notes on any permit.

Public Notification Notice of the application was given to all adjoining and surrounding owners and occupiers by way of mailing letters to these properties. Notice boards were also placed on the View Street and View Lane frontages of the site and maintained for 14 days.

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Upon the completion of the advertising period, one objection was received, with the grounds of objection being:  Noise concerns and disruption to business.  Car parking concerns within the View Street area. The contents of the objection are discussed in the body of this report. A consultation meeting was held on 25 March 2014 which was attended by the planning officer, two Ward Councillors, the objector and the applicant’s draftsman. No resolution of the objector’s issues was achieved. Planning Assessment Is the car parking waiver appropriate? Schedule 1 to the Parking Overlay seeks to provide car parking in the Bendigo CBD that promotes a vibrant and efficient urban space, encourages sustainable transport options and reflects the conditions, opportunities and needs of the area. The schedule allows a permit to be granted to reduce or waive the requirement for on-site car parking spaces to be provided. In accordance with Table 1 of the Parking Overlay, 0.1 car spaces are required to be provided to each chair for restaurant uses. The applicant has advised that the proposed buildings and works will lead to the provision of 16 extra chairs. This equates to a requirement of 1.6 car spaces, which is rounded down to one space. A condition is proposed to restrict seating numbers in the extended restaurant area to 16 chairs, without further approval. Given the View Street location and the surrounds of the subject site, the property cannot physically provide any car parking on site. It is noted, however, that the subject building is located within close proximity to a number of public bus stops on Mitchell Street and is within walking distance of the Bendigo train station. On street parking exists in the immediate area as well as purpose built multi-level parking facilities within the CBD and the public car park behind the Capitol Theatre. It is also recognised that due to the CBD location, it is likely that customers to the restaurant may be travelling to the centre of Bendigo to undertake a number of services and/or retail activities. The subject site is located within the Western Fringe precinct of the Bendigo CBD Parking Strategy (2008), which is bound by View Street, Barnard Street and Short Street. Surveys undertaken as part of this strategy found that 367 short term public car spaces (less than 4 hours) and 62 long term car spaces (greater than 4 hours) exist within this precinct. Given these factors, the waiver of one car parking space for the restaurant’s extension is considered to be acceptable as it will not result in an unreasonable level of detriment to the amenity of the area. Should there be a requirement for the applicant/owner to provide a financial contribution for the waiver of car parking?

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The proposed development is effectively a formalisation of the alfresco dining area located at the rear of the restaurant, which currently has an asphalt floor/ground and a temporary marquee for shelter. The new development will result in an increased floor area of 16.2m², which allows for an additional 16 seats. The Schedule to Clause 45.09 (Parking Overlay) allows Council to collect a financial contribution as a way of meeting the car parking requirements generated by the increase in seats. Council’s adopted Bendigo CBD Parking Precinct Plan 2009 notes that for land uses which cause short term parking demand, there is scope to allow parking to be provided along commercial frontages, no more than 400 metres from the site (if they cannot be accommodated on site). This allows an alternative option to providing a cash-in-lieu contribution. Given the relatively minor size of the floor area increase it is considered to be unreasonable to impose a condition on the permit which requires the applicant/owner to pay $10,000 for the waiving of one car space, where there is sufficient short term, onstreet parking nearby. Will the development cause detriment to the heritage character of the host building and precinct? The key objectives of Council’s Heritage Policy (Clause 22.06) are to ensure that Greater Bendigo’s heritage assets are maintained and protected to ensure that new land uses and developments are sympathetic with the appearance and character of heritage places. The Heritage Overlay (Clause 43.01) builds on these objectives as it seeks to conserve and enhance heritage places of natural or cultural significance and to ensure that development does not adversely affect the significance of heritage places. The proposed partial demolition and addition to the existing building is considered to be acceptable. Due to the design, siting and materials, the proposed additions will not detract from the character or significance of the existing building or precinct. It is noted that the proposed addition has been sited to the rear of the Daley Buildings and as such, it will not be visible from View Street. The proposal was referred to the City’s Heritage Architect / Advisor for consideration, who has advised that no contributory elements at the rear are to be demolished or covered/hidden by the proposed extension. The Heritage Architect / Advisor also acknowledged that View Lane contains a variety of built forms and that the proposed buildings will have little impact on the laneway’s significant character. The proposed demolition of the existing steel staircase, marquee and storage room will have no impact on the heritage character of the building. All structures proposed for demolition are non-contributory to the character of the building due to their age and utilitarian nature.

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It is the recommendation of both the Heritage Architect / Advisor and the assessing officer that the proposal is acceptable in consideration of Council’s Heritage Policy and the decision guidelines within the Heritage Overlay. Will the proposed restaurant extension pose detriment to the amenity of the area? The proposed buildings and works are considered to be appropriate with regards to the purpose and decision guidelines of the Commercial 1 Zone. The proposed covered eating area will enhance the existing restaurant and add to the vibrancy of the View Street arts precinct. It is acknowledged that there is some potential for amenity concerns relating to noise for adjoining properties on View Lane. It is noted, however, that the outdoor area is already used for al fresco dining purposes and that the proposed buildings and works will result in an increase of 16 chairs. To address potential noise concerns, particularly for adjoining residential properties located at the rear of the Daley Buildings, a solid wall is proposed for the entire north side of the extension. This wall will improve the acoustic insulation of the proposed restaurant extension. The outdoor dining area is currently licensed between 11am and 10pm. No alteration to these service hours are proposed as part of this application. These hours are still considered to be reasonable and acceptable with regard to noise emissions and neighbourhood amenity. In assessing potential amenity impacts, it is reasonable to assume that in choosing to live in a commercial area within the central business district, residents can expect to have a reduced level of amenity compared to residents in ordinary residential zones. The applicant has also stressed that the restaurant is bound to operate within EPA guidelines and the Environmental Protection Act 1970 with regards to noise emissions. For these reasons, it is considered that the proposed buildings and works will not pose unreasonable amenity concerns for the adjoining properties and the wider area. Conclusion The application is recommended for approval on the basis that it represents an acceptable planning outcome with regard to Council’s Heritage Policy, the Commercial 1 Zone, the Heritage and Parking Overlays and Clause 52.06 (car parking). 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  Heritage Architect / Advisor’s Recommendations  Objection

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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 Partial demolition, extension to existing building, waiver of car parking requirement and earthworks at 105 View Street, BENDIGO 3550 subject to the following conditions: 1.

MODIFIED PLAN REQUIRED Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application, drawn by DMC Drafting and Design Services dated 20/09/13, but modified to show: (a) Amended floor and elevation plans to show the proposed extension built to only half the width of each party wall. (b) A colours and materials schedule to comply 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.

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

4.

NUMBER OF SEATS No more than 16 seats may be made available at any one time to patrons within the area shown on the endorsed plans, without the prior written consent of the responsible authority.

5.

GENERAL DRAINAGE The proposed building(s) and works must be drained to the satisfaction of the City of Greater Bendigo as the responsible drainage authority.

FOOD AND DRINK PREMISES 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 renovations of the premise require any alteration to the existing grease trap. Tobacco  If smoking is permitted in outdoor drinking and dining areas, the area must comply with the Tobacco Act 1987.  The sale of tobacco must be in accordance with the Tobacco Act 1987 and the correct signage is required to be displayed.

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

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2.4 104 VINE STREET, BENDIGO 3550 - CONSTRUCT 2 STOREY DWELLING & FENCING Document Information Author

Simon Francis, Planning Officer

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Application details:

Construct 2 storey dwelling & fencing

Application No:

DR/33/2014

Applicant:

A H Mason

Land:

104 Vine Street, BENDIGO 3550

Zoning:

Residential 1 Zone

Overlays:

Heritage Overlay 11 Parking Overlay 1

No. of objections:

5

Consultation meeting held:

No

Key considerations:

 The appropriateness of a contemporary design in an established heritage area.  Objector concerns relating to amenity (overlooking and overshadowing).

Conclusion

The dwelling has been assessed as being appropriate with regard to the general heritage precinct control on the site. This report recommends that the Greater Bendigo City Council resolves to issue a notice of decision to grant a permit subject to conditions.

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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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 site is a rectangular allotment measuring approximately 20.5 metres across its frontage with Vine Street, 14.9 metres in depth and comprising a total area of 301 square metres. The site slopes from north to south with a fall of over 1 metre. A 2.5 metre wide Coliban Water easement runs the extent of the rear property boundary which reduces the developable area of the site. The subject site and adjoining land is zoned General Residential and is covered by a Heritage Overlay Schedule 11 (Rowan Street Precinct). The surrounding buildings are generally single storey dwellings with a range of housing types including Edwardian period hipped/gabled roofed houses, interwar dwellings and a miner’s cottage. Building materials used in Vine Street are a combination of tiled and corrugated tin roofs, face brick walls in cream or red and painted weatherboards. The eastern side of Vine Street between Barnard and Rowan Streets has dwellings with a consistent setback of around 9 metres whereas the dwellings on the western side vary from 3 metres to 6 metres. A dwelling exists at 295 Barnard Street to the north with a side setback to Vine Street of around 1 metre and approximately 6 metres to the property boundary with the subject site. The dwelling at 293 Barnard Street is located at the rear of the subject site with access provided from Vine Street via a 3.2 metres access south of the subject site. The subject site originally formed part of 295 Barnard Street and was excised as part of a two lot subdivision of land (DS/340/2012) and titles issued on 31st July, 2013.

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

Figure 2: Location map showing subject site

Proposal The proposal is for the construction of a dwelling and front fence.

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Dwelling A new, three bedroom, double storey dwelling will be constructed on the newly created lot. The ground floor will feature an open plan kitchen, dining, living area and utilities area and double garage. The first floor will feature three bedrooms, bathroom and study nook. The building will be constructed from a combination of rendered brick, vertical timber boards, and corrugated sheet metal with aluminium framed windows. Front fence The front fence will be of rendered masonry piers with vertical slat fence panels.

Figure 3: Dwelling facing Vine Street

Figure 4: Dwelling facing Vine Street with detail of front fence

Figure 5: Rear elevation of dwelling

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Figures 6 & 7: Side elevations

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Figure 8: Site Plan

Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework  11 Settlement  15 Built Environment and Heritage  16 Housing Municipal Strategic Statement  21.06 Housing Local Planning Policies  22.06 Heritage Policy Other Provisions  32.08 General Residential Zone  43.01 Heritage Overlay  45.09 Parking Overlay PAGE 73


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 56 Residential Subdivision  65 Decision Guidelines Consultation/Communication Referrals The following internal departments have been consulted on the proposal: Referral

Comment

Heritage Architect / Advisor

Commented that the application is acceptable noting that the design, although contemporary will not be visually dominant and the fence choice will assist the dwelling to sit more comfortably in the streetscape. A materials and finishes condition will be imposed on any permit that issues to ensure the dwelling does not dominate the streetscape.

Traffic & Design

No objection subject to conditions.

Drainage

No response received (general drainage condition will be imposed).

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, five objections were received and no consultation meeting was held at the request of the applicant. The applicant provided greater clarity on the materials and finishes proposed for the dwelling and front fence. The grounds of objection are:  Proposed dwelling is not in keeping with heritage status of the street in that it: o Is two storey; o Ultra-modern and different to those which exist, o Not sympathetic to dwellings in the vicinity, o Will diminish / have a negative impact on the heritage value of existing dwellings in the street; o Will set the precedent to allow heritage building to be demolished for similar type residences in the future.  Overlooking and overshadowing issues created by the new development The objections are discussed below.

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Planning Assessment Size of the block and the character of the area The developable area of the lot is approximately 12.5 metres by 20 metres (250sqm) with a fall of 1.5 metres. This restricted building envelope will result in a front setback of 2 metres which reflects the side setback of the existing dwelling next door at 295 Barnard Street and the dwelling across the road at 297 Barnard Street. In contrast the majority of the dwellings in Vine Street have larger setbacks of 9 metres on the eastern side of Vine Street and 3-6 metres on the western side. In response to the restricted building area, the slope of the land and varying setbacks on the western side of Vine Street, the applicant has chosen to articulate the dwelling with several setbacks between 2 and 5 metres rather than one solid building mass. In addition, a proposed site cut of around 1 metre at the highest point, a skilion roof that follows the fall of the land, along with a variety of building materials and finishes combined will result in no adverse effect on the heritage precinct or heritage character of the area in relation to street setbacks and visual bulk. The site is, however, tight in its physical size and located within the Heritage Overlay which presents some challenges to respect the heritage provisions of the Scheme. Is the design appropriate for a heritage area? The Eaglehawk and Bendigo Heritage Study states the following about the Bendigo West

and Golden Square residential precinct which includes Vine Street as containing: ‘some highly skilful designs and representative examples from the late nineteenth and early twentieth century, marking the continuous prosperity of gold in that period. Intermixed are the gold sites themselves, with public buildings such as the Lutheran Church, showing nodes of early settlement. Apart from the buildings associated with the important gold era, there are the individually important sites and groups of sites which arose from the 1920s-1930s’. The Heritage Overlay has been applied in recognition of the heritage values of the precinct and implements findings of the Bendigo and Eaglehawk Heritage Study 1993. Individual sites have been graded from A to E and streetscapes from level 1 to 3 (with 3 having the lowest integrity). No sites of individual significance (Graded A or B) exist in this portion of Vine Street, however, several lots have buildings that contribute to the streetscape and precinct (Graded C or D). The street is graded in most parts a level 2 which is of a high integrity to the period. Assessment of the merit of the proposed dwelling is guided by the Heritage Overlay and Clause 15.02 of the Planning Scheme. The Heritage Overlay has two decision guidelines of specific importance to this application being:  Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place and;

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 Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place. The heritage place in this instance is the Rowan Street Precinct with no individually listed heritage building located with the immediate vicinity. State policy for heritage includes an objective to ‘encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations’. The key heritage concerns conveyed by the objectors are that the development:  Would pave the way for heritage houses to be demolished and similar dwellings to be constructed in their place.  Is ultra-modern & two storey;  Not in keeping with the heritage values and character of Vine Street. Officer comment: The subject site is one of a few vacant lots in the near vicinity and all applications that propose demolition in a Heritage Overlay will continue to require planning approval. Allowing the proposed dwelling to be constructed will not pave the way for future demolition and development to occur. The subject site is vacant of any buildings hence no application to demolish a building is proposed. The objectors are concerned the design is modern and not in keeping with the character and appearance of adjacent buildings and the Heritage Precinct. These concerns need to be considered in the context of the significance of the Heritage Precinct as a whole. In this regard the City’s Heritage Architect / Advisor commented that: “The design form is modern, but is not so “foreign” that it will be visually dominant in the context. If a hipped or gabled roof form had been used on the two storey form, it would result in a significantly more bulky appearance. According to the Heritage Overlay Guidelines produced by Heritage Victoria (Public draft 2007) either contemporary or conservative design approaches may be appropriate”. The bulk of the dwelling has been broken up by setting back the upper floor level from both the side and front walls and is articulated so as to limit any impact of bulk. The site cut of around 1 metre (at the highest point), setting the garage as far from the front boundary as the Coliban Water easement allows and using a neutral colour pallet will lessen any impact. The proposed contemporary style front fence of similar height to others in the area will provide another form of difference and reduce any impact from bulk, form and appearance. The proposed dwelling design is an acceptable outcome within the Heritage Overlay and subject to a condition that requires full materials and finishes schedule to be submitted for approval, the dwelling will not adversely affect the significance of the Heritage Precinct. A condition requiring the top rail of the front fence to be stepped down the site rather than to follow the fall of the land will also form part of the planning permit.

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Other concerns raised by objectors (overlooking & overshadowing): Although not a planning consideration in a Heritage Overlay, development in established areas often raise legitimate Rescode concerns in relation to overlooking and overshadowing. Planning officers routinely conduct an assessment against Rescode as this can often avoid future delays to a proposal caused by amendments to plans required at the Building Approval stage. Overlooking The proposal complies with overlooking requirements that will be considered as part of the building approval process. The portion of land where overlooking will occur onto 293 Barnard Street contains outbuildings and does not form part of the secluded private open space of the dwelling and will comply with Rescode. Overshadowing The proposal complies with overshadowing requirements that will be considered as part of the building approval process. Conclusion The proposal is an appropriate design which would create a modern infill development in an established residential area whilst respecting the significance of the heritage place. 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  Heritage Architect / Advisor's Report  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 construction of a dwelling and fence at 104 Vine Street, BENDIGO 3550 subject to the following conditions: 1.

MODIFIED PLAN REQUIRED Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the PAGE 77


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plans submitted with the application but modified to show: (a) Colors and materials schedule as per condition 3. (b) The top rail of the front fence to be stepped down the site rather than follow the fall of the land. 2.

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

3.

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

4.

GENERAL DRAINAGE – BUILDINGS AND HOUSES The development must be drained to the satisfaction of the City of Greater Bendigo as the responsible drainage authority.

5.

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

Note: This development has been assessed and approved under the Planning Scheme provisions (Heritage Overlay) only. This approval does not indicate that requirements of Part 4 of the Building Regulations 2006 have been satisfied.

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MOTION Moved Cr Campbell, Seconded Cr Leach. That the Greater Bendigo City Council resolve to adopt the recommendation with the addition of the following conditions: LANDSCAPING PLAN Before the development starts, a landscape plan prepared by a suitably qualified landscape designer must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) Details of an appropriate surface treatment and/or additional landscaping for the driveway which reduces the impact of the hard surfacing on the heritage precinct (b) Dense and vertical planting to the front of the house. (c) Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant; LANDSCAPING MAINTENANCE The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced. 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. CARRIED

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2.5 TRAFFIC MANAGEMENT IN STRATHFIELDSAYE Document Information Author

Brett Martini, Manager Engineering and Public Space

Responsible Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose The purpose of this report is to respond to the resolution of Council on 26 March 2014 that an estimate of cost be provided for the preparation of a comprehensive plan to address the problems being generated by the rapid growth in vehicular, and importantly pedestrian and cycling, traffic in the township of Strathfieldsaye. 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. At that meeting, Council resolved "that the joint letter be received and noted and that a Council report be prepared following a formal response from VicRoads." A report was considered by Council at its meeting of 26 March 2014. In summary, the report highlighted the following matters: 1. Strathfieldsaye Road is an arterial road and is the responsibility of VicRoads. 2. The Minister for Transport has advised that intersection improvements in Strathfieldsaye Road have been considered in the past but, based on the relative priority against other projects across the State, funding was not allocated. The Minister has also indicated that these would continue to be considered for funding in future Victorian Government road programs.

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3. 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. A count undertaken in July 2013 found an average annual daily volume of 7,050 vehicles on this road. 4. The Strathfieldsaye Township Plan identifies potential treatments at 5 intersections along Strathfieldsaye Road including Club Court / Tannery Lane, Uxbridge Street, Wellesley Street, Blucher Street and Emu Creek Road. 5. The above 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 not considered warranted. 6. 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. 7. While pressure on Strathfieldsaye 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. 8. Understanding the individual benefits and impacts of the intersection improvements to Strathfieldsaye Road (as identified in the Township Plan) would require a Traffic Impact Assessment that is estimated to cost $30,000. 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. The consultant's report would provide Council with technical information to help lobby the State about the preferred order of intersection works in Strathfieldsaye Road. 9. A very important consideration is whether Council deems it appropriate to itself initiate a shift of a State Government cost burden onto ratepayers by funding any works or activities associated with improving traffic conditions on Strathfieldsaye Road. 10. In recent years, the City has constructed shared off-road paths in the vicinity of both primary schools in Strathfieldsaye and a network of proposed cycling and walking paths has already been identified to service the townships of Strathfieldsaye and Junortoun. These projects compete for funding annually against other potential capital works projects identified across the Municipality.

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In response to the above summarised report, Council resolved: That an estimate be prepared for the next meeting of Council for the preparation of a comprehensive professional plan to address the problems being generated by the rapid growth in vehicular, and importantly pedestrian and cycling, traffic in the township of Strathfieldsaye. It is anticipated that such a plan would include appropriate statistical analysis of existing traffic; evaluate future growth of all traffic; examine all possible options available to meet demands; establish the most appropriate solutions and give attention to likely costs, funding options (for both the plan and works) and prioritisation and timetabling of works. Further it would examine what role various stakeholders could play to minimise costs in the collection and evaluation of relevant data and that the Strathfieldsaye Primary School be provided with minutes of this meeting. Report The plan sought by Council expands on the Traffic Impact Assessment noted in the previous report by requiring further work to understand cyclist and pedestrian demands and predicted use together with more data on local road vehicle traffic patterns. Data collection and analysis of traffic is largely a technical process. Assuming that the intention of this process will be to demonstrate to the State Government and VicRoads what the need for and benefit of undertaking works in (particularly) Strathfieldsaye Road is, then it is critical that the integrity of the data can be independently verified. This work should therefore be undertaken entirely by consultants and would include: 

7 day traffic counts on Strathfieldsaye Road at a number of locations to determine the volume of traffic at particular points and the volume of through traffic.



7 day traffic counts on local streets that intersect with Strathfieldsaye Road.



Manual turning vehicle counts at am and pm peak on Strathfieldsaye Road at key intersections with local roads.



Pedestrian and cycle counts on existing routes.



Evidence based projections of growth in Strathfieldsaye.



Analysis of the treatments at intersections nominated in the Township Plan for appropriateness, alternatives, cost and relative order of priority; together with consideration of the concept of an east-west ‘bypass’ of Strathfieldsaye as has been suggested to the City as an alternative to the Township Plan’s response.



Documentation of the results including an overall ‘plan’ nominating the proposed location, type and order of works to best manage Strathfieldsaye’s current and future traffic.

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In addition to the above empirical analysis, it is proposed that the residents be engaged (predominantly through interaction with the local schools) to assist in improving the City’s understanding of the barriers that exist to greater walking and cycling in Strathfieldsaye. Such interactions would include review of the current and proposed cycling and walking network together with seeking to obtain a better understanding of relative priorities for such new paths within and around Strathfieldsaye. These activities would also be led by the consultants and would be aligned with the work occurring under the Integrated Transport and Land Use Strategy. It is acknowledged that the Council resolution includes a requirement to nominate not only a priority order for possible infrastructure works but also a timetable for these to be completed. Two difficulties exist with the requirement for a ‘timetable’: 

While any cycling and walking path works are within the control of Council to determine when they will be delivered, unless Council chooses to fund works on the State Government’s Arterial road network, the timing of road works on Strathfieldsaye Road would remain at the State’s discretion and this is determined on a year to year basis across Victoria.



Although engagement with the Strathfieldsaye community would assist with better understanding the relative needs for various paths within that town, currently all projects across the Municipality compete on merit for available funds. Hence, committing to a ‘timetable’ for any works nominated in Strathfieldsaye as a result of the suggested plan would effectively override this broader merit-based approach.

Resource Implications A ‘plan’ in accordance with the Council resolution on 26 March 2014 would cost approximately $45,000-$50,000. These works are currently unfunded. Completion of such work could take up to nine (9) months. Conclusion Council’s resolution on 26 March 2014 regarding traffic in Strathfieldsaye expands on the previous concept of undertaking a Traffic Impact Assessment of the intersection works identified in the Strathfieldsaye Township Plan. If pursued, the estimated cost to undertake this expanded proposal is $45,000-$50,000. The majority of works resulting from such a plan would occur on the State Government’s Arterial Road network and therefore, unless Council chose to fund such works, this would remain subject to the State’s prioritisation process. Committing Council funds to State Government responsibilities is not recommended. Further engagement with the Strathfieldsaye community would be beneficial to improving the City’s knowledge of relative priorities (from a community perspective) for possible path projects in and around Strathfieldsaye. Committing to a specific timetable for such works requires careful consideration as this would be inconsistent with Council’s adopted approach to capital expenditure investment.

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Attachments Nil RECOMMENDATION That Council note the estimated cost to develop a plan regarding traffic in Strathfieldsaye in accordance with its resolution on 26 March 2014 is $45,000-$50,000.

RESOLUTION Moved Cr Campbell, Seconded Cr Leach. That Council, having considered the report on the likely scope, cost and timing to complete a comprehensive plan to address the problems being generated by the rapid growth in vehicular, and importantly pedestrian and cycling traffic in the township of Strathfieldsaye, allocate up to $50,000 from the Developer Contributions Reserve to undertake the plan no later than February 2015 and further, that traffic behaviour be professionally observed at school sites to establish if any interim measures could be implemented immediately to enhance safety for school children. CARRIED

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Planning for Growth - Reports

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2.6 RESPONSE TO PETITION: PARKING IN LESLIE STREET, MARONG Document Information Author

Andrew Smith, Transportation Engineer

Responsible Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose The purpose of the report is to respond to the petition presented to Council on 26 March 2014 from residents and users of Leslie Street, Marong. 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 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 Street Marong”. Signatures - 90 Previous Council Decision(s) Date(s): At the Council meeting on 26 March 2014, a motion was passed “that a report would be prepared within two (2) meetings”. Report The 90º parking was constructed as a condition on the planning permit to construct the Early Learning Centre.

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Parking was observed in Leslie Street in front of the Primary School and Early Learning Centre on the afternoon of Thursday 27 February 2014 and the morning of Wednesday 2 April 2014. On both occasions the traffic and parking was orderly with no apparent safety concerns. Some informal parking on the west side of Leslie Street was observed. Vehicles speeds were very low with only minimal through traffic. The 90° parking was observed to work well and it readily allowed parking access from both directions. The parking was fully utilised with vehicles entering and exiting the parking bays from both ends of the street. There is a requirement to maintain 26 parking spaces in accordance with the endorsed plan and this is supported by the high utilisation of the existing parking. Notwithstanding further consideration of the request for angle parking and the observation that existing arrangements were observed to be working well, the following improvements were identified that would assist traffic movements: 

Line mark the existing bus bay to discourage cars from parking in this prohibited area.



Mark further parallel parking bays in Adam Street (along the Calder Highway frontage) to encourage parking in this under-utilised area. Note: while this may assist to accommodate some of the school related parking needs, it is unlikely to be seen as a desirable solution for most; in particular during afternoon pick-ups where parents are likely to be headed toward Marong rather than Bendigo is not likely to be seen as a useful option.



Relocate the bus shelter to the bus stop.

Options A) Change to 60 degree parking Changing to 60º parking would reduce the number of parking bays in Leslie Street from 26 to 22 and additional parking would be required to meet the permit conditions. Doing so would make it easier to enter and exit the existing parking bays from the Torrens Street end. Cars could still legally enter the 60º parking bays from the Calder Highway approach, however this would become more difficult; in particular for larger vehicles. Vehicles wishing to exit Leslie Street at the Torrens Street end would have to perform a U-turn in Leslie Street. U-turns in school areas are undesirable and it would be recommended that a No U-turn sign be installed to prevent this from happening; this treatment has been applied in Olympic Parade at the Kangaroo Flat schools. This would cause a one way flow of traffic along Leslie Street when departing from the school and would either discourage motorists from travelling up Leslie Street from the Calder Highway approach or lead to more informal parking on the west side of Leslie Street (which results in more children crossing the road).

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Planning for Growth - Reports

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B) Change to 45 degree parking Changing to 45ยบ parking would reduce the number of parking bays in Leslie Street from 26 to 18 and additional parking would be required to meet the permit conditions. Entry and exit of the existing bays from the Torrens Street end would be easier than for 60 degree bays. Vehicles could not easily enter these bays from the Calder Highway approach and it would be highly preferable that this be prevented by installing a solid double white line along the length of Leslie Street between Torrens and Calder Highway (other than across driveways), and possibly No U-turn signs to reinforce this. There is adequate road width to permit this. Leslie Street would then operate one way for all traffic parking on the school side. C) Create additional parking on the west side of Leslie Street If angle parking was installed on the school (east) side, one option to maintain the required number of parks would be to construct additional bays on the west side of Leslie Street. Doing so would also mitigate some of the restrictions on traffic flow described in options A) and B). Such parking could be provided irrespective of the introduction of 45 or 60 degree angle parking. The primary concern with installing formal parking on the west side of Leslie Street is that students would be required to cross the road to get to school (currently this does occur but it is not promoted). To best manage this, a footpath alongside the parking and a new school crossing would be required. The installation of a school crossing would however cause the loss of at least four additional parking bays on the school side meaning that if 45 degree parking was installed, at least 12 additional bays would be required on the west side of Leslie Street just to maintain the status quo. Consultation/Communication Council Officers met onsite with the Principal of the Marong Primary School on the afternoon of Thursday 27 February 2014 in response to a letter from the Principal. The traffic movements, bus stop and parking movements were discussed. It was agreed to add the bus shelter relocation to the bus shelter program. The Principal was informed that the 90ยบ parking formed part of the planning permit for the Early Learning Centre. During the discussion, the Principal indicated that he would put an article in the school newsletter to highlight the importance of driving carefully during pick-up and drop-off times.

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Planning for Growth - Reports

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Resource Implications If parking on the school (east) side of Leslie Street were to be changed to angle parking an additional 12 bays would be required to be constructed on the west side of Leslie Street to meet the requirements of the planning permit. As indicated, this should include installation of a school crossing and footpath to service the new bays. The estimated cost to reconfigure the bays for angle parking and to construct the new bays opposite (including path and crossing) is $60,000. If the above works were undertaken, the existing informal parking that occurs on the west side of Leslie Street would be lost and additional parks are likely to be needed. Additional bays would cost approximately $3,500 per bay (inclusive). Line marking of the existing bus bay would cost $200. Line marking of additional parking bays in Adam Street would cost $400. To relocate the bus shelter will require the construction of a new slab at a cost of $3,000. Conclusion The current parking arrangements are considered to be working well for the existing traffic movements. Changing from 90 degree to angle parking is possible, however it would require works totalling at least $60,000 to maintain the existing number of formal parking bays and would alter the flow of school related traffic considerably compared to the existing arrangements. Minor works to better delineate the existing bus bay, relocate the bus shelter and formalise additional parking on Adam Street are considered worthwhile irrespective of any other works undertaken. RECOMMENDATION That, having considered the petition from Marong residents, Council: 1. Endorse the current parking arrangements at the Primary School and Early Learning Centre in Leslie Street Marong. 2. Relocate the existing bus shelter to the bus bay. 3. Line mark the existing bus bay. 4. Line mark 6 additional parking bays in Adam Street between Leslie Street and the school crossing. 5. Notify the submitters of the petition of Council's decision.

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Planning for Growth - Reports

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

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Liveability - Reports

3.

Ordinary Meeting - 7 May 2014

LIVEABILITY

3.1 CONTRACT NO: CT000114 CANTERBURY PARK PROJECT - STAGE 1 & 2 Document Information Author

Patrick Jess, Manager Active & Healthy Communities Lindy Phegan, Capital Projects Coordinator

Responsible Director

Pauline Gordon, Director Community Wellbeing

Summary/Purpose This report summarises the outcome of tender CT000114 Canterbury Park Project – Stages 1 & 2 and seeks Council endorsement to award the contract to Nicholson Constructions for a lump sum price of $4,247,532 (excluding GST). Policy Context This project is consistent with the Council Plan 2013 -17. The project is consistent with the themes of planning for growth which aims to maximise external funding, Liveability which supports the health and wellbeing of the community and the Sustainability theme which supports planning and investment in community assets. Council Plan Reference: Council Plan 20013 – 2017 1.1 - Our City undertakes successful lobbying and maintains its excellent reputation 1.3 - Our quality of life is maintained as our City’s population and economy grows 2.2 - Our communities have active and vibrant places in which to meet 2.3 - Open space and recreation facilities are well designed, extensively used and maintained.

well

2.5 – Our community’s health and wellbeing improves over time 4.1- Existing infrastructure and assets are well maintained and appropriately to sustain them for future generations.

upgraded

Strategy Reference (include weblink as applicable): This project was identified and scoped as part of the Eaglehawk Open Space Precinct Master Plan adopted by Council at the Ordinary Council Meeting of 19 January 2011.

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The project is also consistent with the Eaglehawk and District Community Plan and Eaglehawk Structure Plan which identify the area as a key destination for the community of Eaglehawk and surrounds. Council Policy Reference (include weblink as applicable): Regional Strategic Plan Reference: This project is consistent with Strategic Directions of the Southern Loddon Mallee Regional Strategic Plan and is closely aligned with the Priority Actions. The strongest links are with the following Strategic Directions: Direction 1: Manage our population growth and settlements Direction 2: Strengthen our communities, especially in our small towns Direction 4: Improve our infrastructure Background Information Following adoption of the Eaglehawk Open Space Precinct Master Plan, Council allocated funding to undertake detail design of the highest priority area; the Central Activity Area. Design included new netball courts and change facilities, multi-purpose cricket nets, car parking, roadways, footpaths, event space, bowling green and landscaping. The construction drawings were prepared to allow delivery of the project over two stages. Stage 1a and 1b include bulk earthworks and sporting facilities while stage two focuses upon the event space, landscaping and civil works.

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Figure 1 (above): staging plan of works

Once detail design was completed, external funding was sought from the State Government to assist with construction. The City was successful in obtaining a grant of $650,000 from the Victorian Government’s Department of Sport and Recreation to assist with construction of the sporting components of the project in Stage 1. Prior to seeking tenders a further round of consultation with the user groups was undertaken to ensure the design met operational requirements. The most significant outcome of this consultation was the strong desire to retain the existing car parking around the oval. The design was consequently revised to include car parking around the oval, which resulted in a time delay prior to seeking tenders. The user groups have indicated a strong support for the revised design. Previous Council Decision(s) Date(s): At the Ordinary Council Meeting of 19 January 2011, Councillors adopted the Eaglehawk Open Space Precinct Master Plan and referred works associated with the sequencing, staging and cost plan for consideration as part of the 2011/2012 Council Budget.

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Liveability - Reports

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At the Ordinary Council Meeting of 15 August 2012, Council resolved to support the application for the Canterbury Park Central Activity Area to be submitted to the State Government’s Community Facilities Funding Program – Major Facilities category and to allocate the necessary financial contribution as part of the 2014/2015 Council Budget. At the Ordinary Council Meeting of 31 July 2013, Council adopted the 2014/2015 Budget which included a financial allocation to construct Stage 1 of the Canterbury Park Central Activity Area. Report Tenders closed on Wednesday 5 March 2014. Four conforming bids were received from:

ACE Infrastructure Pty Ltd. Fairbrother Pty Ltd. Colbrico Pty. Ltd. t/a Searle Bros. A.W. Nicholson Pty Ltd T/A Nicholson Construction Tender submissions were evaluated on the following criteria: Criteria Price/Value Capability: Demonstrated capability to understand a project of this size and complexity Capacity: Demonstrated capacity to deliver the project effectively on time Local Content Risk Management TOTAL

Weighting 55% 20% 20% 5% Pass-Fail 100%

The Tender Evaluation Committee met and a preferred contractor was chosen on merit and scoring based on the above criterion. Referees were contacted and provided strong positive recommendations on Nicholson’s capability to carry out the works. Their head office and site management provides confidence and they have good, long standing relationships with subcontractors. In addition to negotiations to bring the project within budget, Nicholson’s capability and capacity to complete the project was evaluated. They have recently completed projects of similar nature and scale, including;

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Liveability - Reports

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PROJECT Castlemaine Hospital Upgrade Lucas Primary Care Facility Ballarat & Clarendon College Early Learning Centre Kyneton Aquatic Centre & Gymnasium Ballarat Grammar Gymnasium Beaufort Sports Oval Multipurpose Ballarat Trotting Club – Grandstand entry

Contract Value $6.7M $7M $1.3M $7M $2.5M $2.5M $600,000

A series of meetings were undertaken with Nicholson’s Constructions to identify cost saving measures. Nicholson’s came well prepared to each meeting where savings allowed the tender sum to be reduced from $4,545,879.00 down to $4,247,532 (excluding GST) representing a saving of $298,347.00 Priority/Importance: Redevelopment of the Central Activity Area has been adopted as the priority project to be undertaken in the Eaglehawk Open Space Precinct as part of the Master Plan. Options/Alternatives: Council has the opportunity to award tender CT000114 for construction of Stages 1 & 2 of the Central Activity Area. Alternatively, Council may choose not to award the contract and retain the status quo of facilities. If Council commences Stage 1 of the works, it will be obligated to complete Stage 2 due to the interdependence of the two stages. Timelines: Nicholson Construction have indicated a works period of 7 months subject to inclement weather and unforseen delays however officers envisage works concluding in June 2015 and this has been allowed in all discussions with stakeholders. Progress: Detailed design of the Central Activity Area has been completed, external funding has been obtained, Council has allocated funds toward the project and the project has been through a public tender process. The next stage is to award the contract and commence construction. Risk Analysis: Reputation - since adoption of the Eaglehawk Open Space Precinct Master Plan in 2011 a significant amount of community expectation has been established. Not awarding this contract or reducing the scope of the contract is likely to cause damage to Council’s reputation.

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Liveability - Reports

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Time delays - due to the nature of the site and construction timeline being over winter months, it is possible that inclement weather or latent conditions could delay the project. To offset this risk, geo-technical testing of the site has been undertaken to identify underground conditions where possible. In addition, officers have communicated a likely completion date of June 2015 despite the contractor indicating they are confident that works will be completed prior to this. Power kiosk upgrade - In a development late in the planning stage Powercor indicated that they would have to extend and upgrade their infrastructure to meet the increased power demand of the project. At the same time they would distribute power to the new facilities and to all existing centres in the Canterbury Park precinct through a new central kiosk located north of Canterbury Oval and alongside Simpsons Road. The cost of this upgrade was not originally accounted for and is expected to be of the order of $250,000. It will not be possible to include this amount within the original project budget without reducing the project scope or increasing the budget allocation to meet the additional cost. Cost overrun – due to the significant cost of the project and need to find savings, a minimal contingency fund has been allocated at less than 5% of the project cost. If unforseen issues arise or the power kiosk is more expensive than the $250,000 estimate indicated, this amount may be insufficient. The project includes provisional sums totalling $78,000 to cover possible removal of contaminated soils, rock excavation, and power bridging arrangements. Contingency amounts totalling $125,000 are included in the contract sum. The contract is a Lump Sum Contract with a clear Bill of Quantities in which the whole of the works are deemed to be included. There is some reservation in the PCG that a total contingency of $125,000 is not sufficient for a project of this nature, but under the circumstances it considered a reasonable risk to proceed to construction. Consultation/Communication Internal Consultation: Design and delivery of the project has been overseen by an internal, multi-disciplinary Project Control Group (PCG). The PCG consisted of expertise from:      

Active & Healthy Communities (Client) Building & Property Engineering and Public Space Parks & Natural Reserves Communications Town Planning

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External Consultation: During design all user groups of the precinct were invited to provide input into development of the design. The user groups provided practical every-day user information to ensure a practical outcome. Prior to seeking tenders stakeholders assisted with a further round of design review where alterations to the plans were required. These changes resulted in a timing delay however stakeholders accept this and acknowledge that it has achieved a better functional outcome. A Community Reference Group was established including representation from the various Canterbury Park stakeholders. These include;              

Eaglehawk Senior Football Eaglehawk Junior Football Club Eaglehawk Netball Club Eaglehawk Cricket Club Eaglehawk Bowling Club Bendigo Triathlon Club Dahlia & Arts Festival Committee Eaglehawk Croquet Club Eaglehawk Citizens Band Bendigo Regional YMCA Eaglehawk Secondary School Eaglehawk Primary School Eaglehawk North Primary School St Liborious Primary School

Throughout the value management exercise the stakeholders of the facilities have been consulted to ensure that the functionality and quality of the project has not been compromised. Endorsement of changes has been obtained prior to finalising the revised project scope. In addition to the community reference group, external advice was obtained from the Department of Sport and Recreation Victoria. Advice related to best practice in relation to design of sporting complexes and an assessment of compliance with Universal Design Principles. Resource Implications Council will deliver this project across the 2013/14 and 2014/15 financial years. The City has obtained external funding to offset Council’s investment. A breakdown of the revenue obtained is as follows: Department of Sport & Recreation Victoria User Group contribution (with a further 10% contribution for Stage 2 anticipated) Proposed Government Funding TOTAL PROJECT REVENUE PAGE 96

$650,000 $76,300 $500,000 $1,226,300


Liveability - Reports

Ordinary Meeting - 7 May 2014

The following is a breakdown of the allocated budget and the project expenses: Budget: Original Council Allocated Budget Additional budget allocation TOTAL PROJECT BUDGET

$4,260,609 $ 310,000 $4,570,609

Expenses: Contract Sum Expenses to date/Design fees Power Kiosk (provisional sum) TOTAL EXPENSES

$4,247,532 $ 93,000 $ 250,000 $4,590,532

Conclusion Since adoption of the Canterbury Park Open Space Precinct Master Plan in 2011 Council in conjunction with the local stakeholders have completed design and tendered the highest priority project – Canterbury Park Central Activity Area. Tenders were called with four responses received. Following a value management exercise the preferred contractor identified is Nicholson Construction for a lump sum price of $4,247,532 (excluding GST). Attachments 1. 2.

Canterbury Park Precinct Plan – overview Confidential Attachment

RECOMMENDATION That Council award contract CT000114 Canterbury Park Project – Stage 1 & 2 for the lump sum price of $4,247,532 (excluding GST) to Nicholson Constructions.

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

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Productivity / Sustainability - Reports

4.

Ordinary Meeting - 7 May 2014

PRODUCTIVITY

Nil. 5.

SUSTAINABILITY

Nil.

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Good Governance and Decision-Making - Reports

6.

Ordinary Meeting - 7 May 2014

GOOD GOVERNANCE AND DECISION-MAKING

6.1 RECORD OF ASSEMBLIES Document Information Author

Peter Davies, Manager Executive Services

Responsible Officer

Craig Niemann, Chief Executive 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 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. 2.

A planned or scheduled meeting that includes at least half the Councillors (5) and a member of Council staff; or 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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Good Governance and Decision-Making - Reports

Ordinary Meeting - 7 May 2014

Report Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Meeting Information Natural Environment Advisory Committee 1 April 2014 1. Rosalind Park Master Plan 2. Wellsford Forest Campaign 3. Native Vegetation Reforms 4. Bendigo Airport Redevelopment 5. Residential Strategy Review 6. Community Grant Assessments 7. Council Publications 8. Caring for Country Attendees/Apologies Cr Rod Fyffe Mr Anthony Sheean Ms Robyn Major Ms Jodi Cant Mr Phil Hansen Mr Andrew Cockerall/ Ms Wendy Radford Mr Colin Smith Ms Kathryn Stanislawski Ms Jodie Odgers Mr Joel North Ms Ruth Raleigh Apologies: Mr David Conley Ms Lydia Fehring Mr Geoff Cain

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil

PAGE 100


Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 7 May 2014

Meeting Information Councillors' Forum and Independent Review Implementation Committee 2 April 2014 1. Meeting with Spring Gully Recreation Reserve Committee 2. Maiden Gully Marist Brothers School and Joint Use Recreation Facilities 3. Independent Review: Governance training for Councillors and staff 4. Good Governance 5. Communication carriers 6. Council Plan 7. Hard copy letters 8. Signage Policy 9. Independent Review 10. Long Gully Splash Park 11. Media reporting of major planning applications 12. Maintenance of Open Space 13. Planning conditions on subdivisions 14. Access and Inclusion Plan 15. Howard Street application 16. Maubisse Friendship Committee 17. Presentation on Heathcote Independent Living Units 18. Heritage Advisory Committee 19. Independent Review: Aged and Disability Services Review 20. Meeting with YMCA regarding Olympians Avenue of Honour 21. Rosalind Park Master Plan Attendees/Apologies Cr Barry Lyons Cr Rod Campbell Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Apology: Cr Elise Chapman Mr Craig Niemann Ms Pauline Gordon Mrs Rachel Lee Ms Susannah Milne Mr Peter Davies Mrs Alison Campbell Apologies: Mr Darren Fuzzard Mr Stan Liacos PAGE 101


Good Governance and Decision-Making - Reports

Ordinary Meeting - 7 May 2014

Ms Prue Mansfield Ms Marg Allan Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/

Meeting Information Councillors' Forum 9 April 2014 1. Meeting with the Bendigo Trust 2. Planning matters and review of draft Ordinary Meeting Agenda 3. Independent Review - The Best We Can Be 4. Refusal of Heritage Overlay - Napier Street 5. Signage of the connection between Midland and McIvor Highways 6. Quarry Hill Golf Club 7. Mobile phone service, Flora Hill 8. Strathfieldsaye kindergarten 9. Funding for airport and aquatic facility 10. Beehive building 11. Insurance for community halls 12. Agriculture competitiveness 13. Victorian Adaptation and Sustainability Partnership Framework 14. Lyttleton Terrace median strip 15. Waste carting contract 16. Extranet 17. Soccer at Tom Flood Sports Centre 18. Unity Mining 19. Officer representatives on ERC's 20. MAV Defined Benefits meeting 21. Draft Hospital Precinct Structure Plan 22. Bendigo Stadium Limited 23. Bendigo Domain Village Differential Rate 24. Moving towards a paperless office 25. Independent Review Progress Report 26. Section 89 Confidential Report Attendees/Apologies 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 Mr Craig Niemann PAGE 102


Good Governance and Decision-Making - Reports

Community Representatives

Ordinary Meeting - 7 May 2014

Ms Rachel Lee Ms Susannah Milne Ms Marg Allan Mr Peter Davies Mrs Alison Campbell Apologies: Mr Stan Liacos Mr Darren Fuzzard Ms Prue Mansfield Ms Pauline Gordon

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor/officer meeting 2. Cr Weragoda (planning matter) Yes 2. Cr Lyons (planning matter) Yes 26. Crs Chapman, Leach and Ruffell, Mr Craig Yes Niemann

PAGE 103

left


Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 7 May 2014

Meeting Information Budget Meeting 10 April 2014 1. Budget overview 2. Councillor feedback on the overview 3. Operating Budget 4. Fees and Charges 5. Capital Works Renewal Program 6. Capital Works- New Program 7. Next steps Attendees/Apologies 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 Mr Craig Niemann Mr Darren Fuzzard Ms Pauline Gordon Ms Rachel Lee Ms Susannah Milne Ms Marg Allan Mr Peter Davies Mr Travis Harling Mr Bradley Thomas Mr Richard Morrison Mrs Alison Campbell Apologies: Mr Stan Liacos Ms Prue Mansfield

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil

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Good Governance and Decision-Making - Reports

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 7 May 2014

Meeting Information Budget Meeting 15 April 2014 1. Overview 2. Councillor reflections on the process so far 3. Long-term financial plan 4. Review of projects 5. Further development of long-term financial plan 6. Councillor Research Officer 7. Projects removed from budget 8. Remaining funds required Attendees/Apologies Cr Barry Lyons Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Mark Weragoda Cr James Williams Apology: Cr Lisa Ruffell Mr Craig Niemann Mr Darren Fuzzard Ms Pauline Gordon Mr Stan Liacos Mr Prue Mansfield Ms Marg Allan Mr Peter Davies Mr Travis Harling Mr Bradley Thomas Mr Richard Morrison Mrs Alison Campbell

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil

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Good Governance and Decision-Making - Reports

Ordinary Meeting - 7 May 2014

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

RESOLUTION Moved Cr Fyffe, Seconded Cr Weragoda. That recommendations contained in the Good Governance and Decision-Making Report Nos. 6.1 (Record of Assemblies) and 6.2 (Contracts Awarded Under Delegation) be adopted. CARRIED

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Good Governance and Decision-Making - Reports

Ordinary Meeting - 7 May 2014

6.2 CONTRACTS AWARDED UNDER DELEGATION Document Information Author

Leeanne Taig, Administration Assistant, Project Coordination

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose The purpose of this report is to provide information on contracts recently awarded under delegation. Policy Context Provide high quality professional services by undertaking responsible business planning to ensure long-term sustainability. Report The following contracts subject to public tender, have been issued under delegation by the officer as listed (Instrument of Delegation - August 5, 2009):

Contract No CT000116

CT000079

Project

Successful Contractor

Supply and Delivery of Bendigo Truck Centre Three (3) Patrol Trucks Service Panel  Emu Downs Contracting Pty Ltd  Hanson Construction Materials Pty Ltd Supply and Delivery of  EB Mawson & Sons Pty Ltd Quarry  Active Excavation Pty Ltd Products  Allstone Quarries Pty Ltd  Loddon Shire Council  Mustey’s Earthmoving Pty Ltd  Hopley Recycling Pty Ltd

PAGE 107

Value (GST Excl) 599,206.01

Schedule Rates

Delegated Officer

Date Signed

Craig Niemann

5 March 2014

of Craig Niemann

21 March 2014


Good Governance and Decision-Making - Reports

Ordinary Meeting - 7 May 2014

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

(refer to page 106 - recommendation adopted)

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Good Governance and Decision-Making - Reports

Ordinary Meeting - 7 May 2014

6.3 RESPONSE TO RECOMMENDATIONS OF A COUNCILLOR CONDUCT PANEL Document Information Author

Peter Davies, Manager, Executive Services

Responsible Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to provide a further response to other matters contained in the decision of a Councillor Conduct Panel received on 12 February 2014, and to seek Council’s formal endorsement of two operating policies as a result of the decision. Policy Context Council Plan Reference - Council demonstrates good governance and leadership. Background Information A Councillor Conduct Panel was appointed to hear an application from two councillors in relation to the Councillor Code of Conduct adopted by the Council on 19 December 2012. Reference was made in the decision to issues arising as a result of media comment and lack of formal policy on Councillor Access to Information. By way of response, consequential revision to an internal working Communications and Media Policy and Councillor Access to Information Policy is proposed to add greater clarity and further enhance organisation governance. Previous Council Decision(s) Date(s): 5 March 2014 Report In its decision, the Panel notes that clause 4 of the Code of Conduct dealing with the manner in which councillors treat Council information could be strengthened to include reference to ensuring the free flow and access to public records is upheld and respected and that a policy relating to access to information by councillors be developed. Further to the Good Governance Guide endorsed by the Municipal Association of Victoria (MAV), the Victorian Local Governance Association (VLGA), Local Government Victoria (LGV) and Local Government Professionals (LGPro), highlights the need for clarity around the issue of access to relevant information that will help councillors make an informed decision about issues that have been put forward for consideration by the Council.

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A protocol for councillor access to Council information previously prepared in consultation with councillors has been updated and is provided for Council’s formal endorsement as a policy. The purpose of the proposed policy is to ensure councillors receive the information necessary for them to exercise their function as members of the Council in relation to matters for determination by the Council. A copy of the “Policy for Councillor Access to Council Information” is attached. Panel Comment: The matter of a media comment, and its consequences, was addressed by the Panel. Although not the subject of a recommendation, it would be prudent to respond to this with a view to adding clarity to the process of releasing statements to the media in the interests of good governance. To this end, an internal working Communications and Media Policy has been revised to clarify the process to be followed prior to media comment on sensitive matters. It is proposed to insert – “Matters considered to be sensitive referred to the organisation by the media that may impact on the reputation of the City must be referred by staff members to the CEO before any public comment is made”. A copy of the Communications and Media Policy is attached. Conclusion In response to the Councillor Conduct Panel decision, two existing operational working procedures should be formally adopted by Council as Council policies. Attachments 1. 2.

Policy for Access to Council Information Communications and Media Policy

RECOMMENDATION That Council – (1)

formally adopt the revised Policy for Councillor Access to Council Information; and

(2)

formally adopt the revised Communications and Media Policy.

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

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A POLICY FOR COUNCILLOR ACCESS TO INFORMATION

Ordinary Meeting - 7 May 2014

Approval Date:

7 May 2014

Review Date:

May 2017

Author:

Andrew Lyons, Legal Officer

Responsible Officer:

Craig Niemann, Chief Executive Officer

Purpose The purpose of this policy is to identify the scope of access councillors have to information held by the Council and the process to be followed to access that information. Background Given the separate functions exercised by councillors as members of the Council, and the administrative officers supporting it, it is prudent to establish a policy that identifies the scope of access by councillors to information held by the Council to ensure that councillors receive appropriate information to make informed decisions on matters before the Council while also maintaining the integrity of the two functions. A guiding principle Councillors are entitled to receive information necessary to exercise their function as members of the Council. Provision of information to the Council The Council will receive information relevant to matters on which Council is required to make a resolution. The Council will also receive information related to Council operations or ward issues that the community would reasonably expect the Council to know as the strategic decision maker. Provision of information to an individual Councillor A councillor may request information to assist him or her make an informed decision in relation to a matter on which the Council is required to make a resolution.

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A councillor will make this request as a member of the Council and in the interests of the general local community rather than as an advocate on behalf of an individual or sectional group which is contrary to the role of a councillor specified in s.76B(b) and (c) and s.76D(1)(a) and (2)(a) of the Act. Councillors who have a personal interest (as distinct from an interest arising in relation to the function as a member of the Council) in a document of the Council have the same rights as any other person in relation to access to that document and any request will be processed in accordance with the Freedom of Information Act 1982. The information, if available and if provided, will be circulated to all councillors. If relevant information is not available, but could be obtained, reasonable efforts will be made to obtain the information unless any of the grounds on which access may be denied (below) apply. The request for information will be made via the Councillor Information Request system. If there is any doubt about whether the information can be provided, the relevant director will make a determination about the requested information. Referral to the Chief Executive Officer for review A councillor who has been denied access to information may refer the request to the Chief Executive Officer for review and final determination as to whether access is appropriate. Councillors will be informed at the next Councillors' Forum of the Chief Executive Officer's decision to deny information. Grounds on which access may be denied  the information is irrelevant to a matter before the Council;  the information is personal within the meaning of the Information Privacy Act 2000 or the Health Records Act 2001;  the information is confidential and not related to a matter before the Council: s.77(2)(a);  the request would unreasonably divert or extend Council resources;  the information is not required for performing a Council function;  the information is irrelevant to a matter where the Council is acting as the responsible planning authority under the Planning and Environment Act 1987 and in accordance with its obligations under the Act (s.12);  the councillor has declared a conflict of interest;  the councillor has refused or failed to make a conflict of interest declaration; or  the request is for information in relation to a matter on which advice has already been provided by the relevant statutory authority. If access to information or documents to a councillor is denied, the councillor must be advised of the reason for the denial.

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Legal context The Local Government Act 1989 (Act) establishes the role of councillors (being constituent members of the Council: s.5B of the Act and the role of the Council specified in s.3D) and the role of the Chief Executive Officer (being the administration of the Council: s.94A of the Act). The Act intends these roles to be separate. This is supported by the requirement that a councillor not direct or influence a member of Council staff in the exercise of any power or in the performance of any duty or function by the member: s.76E of the Act. The Information Privacy Act 2000 and the Health Records Act 2001limit access to personal information held by the Council and provide the circumstances under which Council staff can allow a person, including a councillor, access to that personal information. For the purposes of this legislation, a councillor has no greater entitlement to personal information than any other person who may seek access to it. In the same way staff are entitled to information required to perform their roles and internal controls are in place to protect confidential and personal information. Attachment 1

EXTERNAL AVENUES FOR ACCESS TO INFORMATION 1.

Municipal Association of Victoria The Municipal Association of Victoria (MAV) is a resource for Councils on a range of strategic issues facing the Local Government sector. The MAV produce regular bulletins and other publications dealing with topic matters. Professional staff are also available to speak with Councillors on issues affecting the sector.

2.

Victorian Local Governance Association Council is not a member of the Victorian Local Governance Association (VLAG), but the VLGA provide information about a defined range of issues relation to the Local Government sector.

3.

Local Government Victoria Local Government Victoria (LGV) is part of the Department of Planning and Community Development. LGV oversees the administration of the Local Government Act 1989. LGV employs policy, legal governance and finance professionals staff are available to speak with Councillors. LGV also makes available various publications and research.

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4.

Ordinary Meeting - 7 May 2014

Ombudsman Victoria The Victorian Ombudsman is a constitutional independent officer of the Victorian Parliament. The Ombudsman can provide information in relation to concerns about actions taken by a Government department or public statutory body or by a member of a municipal council. The office also has functions aimed at ensuring compliance with the Freedom of Information Act 1982, Whistleblowers Protection Act 2001 and the Charter of Human Rights and Responsibilities Act 2006.

5.

Local Government Inspectorate The Local Government Inspectorate can provide information about making complaints about compliance with legislation. The functions of the Inspectorate will be transferred to other state government entities.

6.

VCAT The Victorian Civil and Administrative Tribunal (Administration Division) can provide information about reviews of government and other bodies decisions that affect them. From a local government perspective, reviews can include planning permits, land valuations and freedom of information.

Attachment 2 - References to legislation quoted in the policy Local Government Act 1989

3D

What is the role of a Council? (1) A Council is elected to provide leadership for the good governance of the municipal district and the local community. (2) The role of a Council includes— (a) acting as a representative government by taking into account the diverse needs of the local community in decision making; (b) providing leadership by establishing strategic objectives and monitoring their achievement; (c) maintaining the viability of the Council by ensuring that resources are managed in a responsible and accountable manner; (d) advocating the interests of the local community to other communities and governments; (e) acting as a responsible partner in government by taking into account the needs of other communities; (f) fostering community cohesion and encouraging active participation in civic life.

5B

Constitution of Council (1) A Council must consist of not fewer than 5 Councillors and not more than 12 Councillors. (2) A Council may be constituted so that it consists of— (a) only Councillors elected to represent the municipal district as a whole; or PAGE 115


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(b) only Councillors elected to represent individual wards into which the municipal district is divided. 76B

Primary principle of Councillor conduct It is a primary principle of Councillor conduct that, in performing the role of a Councillor, a Councillor must— (a) act with integrity; and (b) impartially exercise his or her responsibilities in the interests of the local community; and (c) not improperly seek to confer an advantage or disadvantage on any person.

76D

Misuse of position (1) A person who is, or has been, a Councillor or member of a special committee must not misuse his or her position— (a) to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person; (2) For the purposes of this section, circumstances involving the misuse of a position by a person who is, or has been, a Councillor or member of a special committee include— (a) making improper use of information acquired as a result of the position he or she held or holds

77

Confidential information

(a)

(2) For the purposes of this section, information is confidential information if— the information was provided to the Council or a special committee in relation to a matter considered by the Council or special committee at a meeting closed to members of the public and the Council or special committee has not passed a resolution that the information is not confidential

Planning and Environment Act 1987 12

What are the duties and powers of planning authorities? (1) A planning authority must— (a) implement the objectives of planning in Victoria; (b) provide sound, strategic and co-ordinated planning of the use and development of land in its area; (c) review regularly the provisions of the planning scheme for which it is a planning authority; (d) prepare amendments to a planning scheme for which it is a planning authority; (e) prepare an explanatory report in respect of any proposed amendment to a planning scheme. (2) In preparing a planning scheme or amendment, a planning authority— (a) must have regard to the Minister's directions; and (aa) must have regard to the Victoria Planning Provisions; and

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(ab) in the case of an amendment, must have regard to any municipal strategic statement, strategic plan, policy statement, code or guideline which forms part of the scheme; and (b) must take into account any significant effects which it considers the scheme or amendment might have on the environment or which it considers the environment might have on any use or development envisaged in the scheme or amendment; and (c) may take into account its social effects and economic effects. 32 Transitional provisions: Amendment to planning schemes (8) The amendment made to the Principal Act by section 25(d) applies only to an amendment of a planning scheme prepared on or after the date of commencement of this section.

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COMMUNICATIONS AND MEDIA POLICY

Ordinary Meeting - 7 May 2014

Approval Date:

7 May 2014

Review Date:

May 2017

Author:

Tom Laurie, Principal Communications Adviser

Responsible Officer:

Craig Niemann – Chief Executive Officer Tom Laurie – Principal Communications Adviser

1. BACKGROUND The Independent Review released at the end of June 2013 identified the need to formalise and mandate a Communications and Media Policy for the City of Greater Bendigo. In formally responding to this recommendation (39), the CEO made the following observation: “Media releases should be issued via the Communications and Media Team. Strengthening the wording around this area in our Media/Communications Policy is supported. All external communications material should be reviewed by the Communications and Media Team prior to distribution to ensure consistency of messaging and design and improved readability. The Communications and Media Team is well positioned to deliver a whole of organisation approach”. 2. PURPOSE This policy sets out the City of Greater Bendigo’s commitment to communicate its many and varied decisions, activities, services and major project and policy initiatives to the community that it serves and represents.

3. SCOPE The policy applies to all City of Greater Bendigo staff, volunteers, contractors and Councillors. 4. DEFINITIONS Media Statement: Any comment written or verbal provided to the media, including email and social media.

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Media Release: Information provided to the media under the ‘Media Release’ banner and including the City of Greater Bendigo logo. Promotional material: This includes:  Advertising – print, electronic         

Pamphlets, brochures, flyers and booklets Posters Website material Strategies Council Plan Annual Report Budget document Project Bulletins Media Releases

4. MEDIA The primary purpose of media statements and media releases is to positively promote the work of Council by providing accurate, relevant and timely information on issues of interest to our community. Media statements and media releases are not a platform for grand-standing, self-promotion or providing misleading or inaccurate information. Media statements and media releases will not contain remarks of a personal, derogatory, defamatory, insulting or offensive nature directed at current or former Councillors or Council Officers. Any information attributed to a third party in a media release must be confirmed by the third party to be correct. The City wants to ensure that the community is as well informed as it reasonably possibly can be on major issues, plans and projects. However, it is not always possible to offer or generally release all information to the community on every issue or matter. The City has obligations to keep some matters confidential where in particular they relate to:        

Personnel matters The personal hardship of any resident or ratepayer Industrial matters Contractual matters Proposed development Legal advice Matters affecting the security of City property Other matters which the City considers would prejudice the organisation or any person.

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Matters considered to be sensitive referred to the organisation by the media that may impact on the reputation of the City must be referred by staff members to the CEO before any public comment is made. Mayor and Chief Executive Officer Media statements and media releases on behalf of the City of Greater Bendigo will generally be issued by the Mayor or the Chief Executive Officer. The Mayor is responsible for policy statements about the strategic direction of Council and the CEO is responsible for statements about operational matters. Both the Mayor and the CEO can delegate their authority under certain circumstances. For example, the Mayor may delegate to other Councillors in circumstances where:    

The matter relates to a specific ward and is a matter of local interest A Councillor has had a specific ongoing interest and role in an issue A Councillor has specific knowledge or expertise in the matter A Councillor heads up a specific Committee such as the Easter Festival Committee

The Chief Executive Officer may delegate to a Director who has portfolio responsibility for a particular issue. Further delegation may be made where comments are required on specialist matters related to an officer’s responsibility. This should be done in consultation with the Communications and Media Team. Directors Media statements and media releases from Directors will be on matters directly relevant to their operational areas of responsibility. Directors may delegate to a Manager or staff member where specific comments are required on specialist matters. Directors will not use media statements or media releases to publicly criticise Councillors or Council decisions. Media statements and media releases issued on Agenda items in advance of Council meetings help to promote meetings and encourage public debate. When doing so, Directors will emphasise that Council is responsible for making decisions on Agenda items. Directors will keep the CEO and/or the Communications and Media Team informed of media comments made by themselves, Managers or staff within their Directorates on matters considered to be controversial or of interest to the CEO.

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Managers and staff Managers and staff directly approached by media outlets will, in the first instance, redirect enquiries to the Communications and Media Team. Managers and staff are to seek authorisation from their Directors before making media statements. This will be done in consultation with the Communications and Media Team. Exclusives There will be no exclusive stories provided to individual media outlets. Doing so has the potential to damage our relationship with other media outlets and restricts our ability to get the best coverage possible for stories that promote work of the City. Exclusives will not be offered as part of any sponsorship agreements between the City and individual media outlets. 4. COMMUNICATIONS This section of the policy applies to all corporate publications and promotional material issued on behalf of the City of Greater Bendigo, including:          

Advertising – print, electronic Pamphlets, brochures, flyers and booklets Posters Website material Strategies Council Plan Annual Report Budget document Project Bulletins Media Releases

In line with A Plan for Good Communications 2013-2017, all written material will be timely, relevant, accurate, simple and in plain English. Simple, consistent and repetitive messaging is important if we are to ensure our community understands what we do and why we do it. Where appropriate, material should include one or more of the key messages available in A Plan for Good Communications 2013-2017. These key messages will be reviewed annually and updated as required. Clear and consistent branding enables the public to recognise City of Greater Bendigo activities, which in turn can lead to improved awareness of, and respect for, our services and activities by the public. Promotional material and other publications produced by the City will be produced in accordance with the City of Greater Bendigo Style Guide. The Style Guide includes guidance and information on design, fonts for headlines and text and when and how the City’s logo is to be used. A Style Guide Summary is available on the Intranet and the Communications and Media Team is available to provide further advice as needed. All material uploaded onto the City of Greater Bendigo website will comply with the Web Guide (under review).

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Any complementary social media activity undertaken on behalf of the City of Greater Bendigo or Council will comply with the Responsible Use of Social Media Policy. All promotional material will be reviewed and signed off by the Communications and Media Team prior to it being distributed. Units are encouraged to give the Team as much prior notice of any promotional material as possible. In turn, the Communications and Media Team will ensure that sign-off occurs in a timely manner. Media releases All media releases from the City of Greater Bendigo are to be issued via the Communications and Media Team. Media releases from Councillors expressing personal views on issues rather than Council’s views will not include the City of Greater Bendigo logo and will not be issued by the Communications and Media Team. Managers/staff requiring media releases should gain final approval from their Directors. Directors can delegate this authority at their discretion. If the Mayor or CEO is quoted in a media release, the Communications and Media Team will obtain their final approval. 5. REFERENCES     

Codes of Conduct A Plan for Good Communications 2013-2017 Style Guide Responsible Use of Social Media Policy Web Guide (under review)

6. ATTACHMENTS  Guidelines for Councillors Personal Views

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COMMUNICATION AND MEDIA POLICY ATTACHMENT GUIDELINES FOR COUNCILLOR PERSONAL VIEWS 1. In the interest of free speech, Councillors must feel free to make personal comments on matters important to them, without undermining the Council. 2. Councillors will make it clear to the media that they are not speaking on behalf of Council when expressing their own personal views. 3. Media releases from Councillors expressing personal views on issues rather than Council’s views will not include the City of Greater Bendigo logo and will not be issued by the Communications and Media Team. They will include a line that clearly states that the views being expressed are not those of Council. 4. Social media profiles, including Facebook pages and Twitter that identify the account holder as being a Councillor will include the following disclaimer: Any views expressed here are my own and are not necessarily the views of Council. 5. As a courtesy, Councillors will give advance notice to the Mayor of any statements to be made to the media or media releases to be issued. 6. In making media statements or issuing media releases, Councillors will recognise the key role they play, individually and collectively, in maintaining a positive public image and in preserving public confidence in the Council. 7. To preserve public confidence, Councillors should respect decisions made by Council and refrain from publicly criticising decisions once they are made. It should be noted that the Council Chamber provides an opportunity to publicly express views and concerns when matters are debated prior to decisions being made. 8. Councillors will not breach any confidentiality protocols or understandings when speaking to the media. 9.

No views or positions are to be attributed to other Councillors without their express consent.

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7.

URGENT BUSINESS

Nil. 8.

NOTICES OF MOTION

Nil.

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9.

COUNCILLORS' REPORTS

Cr Williams reported on his attendance at the Emergency Services Games; attendance at the launch of the Victorian Indigenous Honour Roll; attendance at a meeting with Local Government Minister, The Hon Tim Bull, attendance at the ANZAC Day service at Huntly; attendance at the MAV Environment Conference; attendance at the launch of ‘Roving Chefs’; attendance at the launch of the Airport Business Plan. Cr Ruffell reported on the Listening Post at Eaglehawk; highlighted the celebrations associated with Volunteers’ Week (next week); advised of her involvement with the Mother’s Day Classic on Mother’s Day (Sunday). Cr Campbell reported on his attendance at a meeting regarding the O’Keefe Trail; success of the Easter Festival activities; attendance at a meeting with The Hon Tim Bull, Minister for Local Government; attendance at a meeting at Fosterville Mine; attendance at the ANZAC Day service at Heathcote; attendance at the opening of the new surface at the Hockey Facility in Ashley Street; attendance at the Strathfieldsaye Township Meeting; attendance at a Library meeting regarding modes of transport; attendance at the Finance Committee meeting; attendance at a meeting at Regent Park; officially opened the Harold Baigent Art Show Exhibition in Heathcote; attendance at the ITLUS Workshop; attendance at the Fosterville Environmental Review Committee meeting. Cr Fyffe reported on the huge success of this year’s Easter Festival and thanked the staff, volunteers, committee and the community; attendance at the ANZAC Day service at Kangaroo Flat; attendance at the Table Tennis Championships held over Easter; attendance at the La Trobe University Graduation; attendance at the Chrysanthemum Show; attendance at the Marong Ward meeting. Cr Chapman reported on the success of the Bendigo Easter Festival; attendance at the Table Tennis Championships; attendance at the ANZAC Day service at Kangaroo Flat; attendance at the Lockwood Ward Meeting; highlighted Mother’s Day this coming Sunday; attendance at a number of planning consultation meetings. Cr Cox reported on a letter from a resident requesting a clean-up of the creek and its environs; attendance at the MAV Defined Benefits Superannuation Taskforce meeting following which he will prepare and present a report to present to a Councillors’ Forum. Cr Leach reported on her attendance at the ANZAC Day service; attendance at a Ward Meeting in Strathfieldsaye; attendance at number of planning consultation meetings; expressed her appreciation to all volunteers in the lead-up to Volunteer’s Week next week.

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10. MAYOR'S REPORT His Worship the Mayor, Cr Barry Lyons, tabled a report on his attendance at the following meetings and events:

       

     

         





Recorded weather report with Jane Bunn from WIN TV Officially opened the Under 18’s National Lacrosse Championships Attended the “Awakening of the Dragon” Ceremony at Dai Gum San Precinct Participated in the Bendigo Easter Torchlight Procession Lead the Easter Parade Procession Attended the Greyhound Victoria STV Bendigo Cup Presented the Australasian Police Games medals at Wellsford Rifle Range Attended the official launch of the 2014 Indigenous Honour Roll with Minister Tim Bull MP Attended luncheon with the Rear Admiral Mike Noonan and guests Attended the Bendigo ANZAC Day Dawn Service Attended the Bendigo ANZAC Day Commemorative Service Attended ANZAC Day luncheon at the Bendigo RSL Officially launched the 11th Bendigo Queer Film Festival Attended the Annual Bendigo Chrysanthemum Show at the Bendigo Exhibition Centre Attended the Community Cups Race Night at Lords Raceway Attended official launch of Bendigo’s new synthetic Hockey Pitch Attended the official launch of the Art Gallery Sculpture “Happy Ending?” Attended tour and dinner with the Bendigo and Adelaide Bank Directors Launched the Community Transport Website Attended Loddon Mallee Local Government Forum in Swan Hill Attended La Trobe University Bendigo Campus Graduation Ceremony and luncheon Attended official opening of the Bendigo Historical Society’s Specimen Cottage Attended Girton Grammar’s Foundation Day Service Attended State Government Budget announcement of $15M for the Kangaroo Flat Aquatic Centre Attended meetings with a number of residents and groups regarding a variety of issues Participated in numerous radio, newspaper and television media interviews

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11. CHIEF EXECUTIVE OFFICER'S REPORT The Chief Executive Officer, Mr Craig Niemann, tabled a report on his attendance at the following meetings and events:

             

Attended launch by Minister Tim Bull of the Indigenous Honour Roll and tour of the Bendigo Library Participated in Regional Cities Victoria Executive Management Group Attended introductory meeting with Jack Lyons Attended meeting with politicians, Ms Jacinta Allan and Ms Maree Edwards Attended lunch with Rear Admiral Mike Noonan AM RAN, Commander Border Protection Command Attended ANZAC day dawn service and 11am Service at the Cenotaph Attended launch of the “Happy Ending” Sculpture by Minister for Arts, Heidi Victoria Attended dinner with Bendigo and Adelaide Bank Board of Directors Attended combined meeting of Coliban Water and City of Greater Bendigo Executive Management Teams Participated in VicRoads Perception Survey Attended Finance Committee meeting with MAV representatives regarding Loan Borrowing Presented at Metropolitan Planning Authority industry seminar relating to Planning for Regional Cities’ Growth and Development Participated in media interviews regarding a variety of issues Provided official welcome at the 2014 LGPro Social Media Event

12. CONFIDENTIAL (SECTION 89) REPORTS 12.1 Confidential Attachment - Contractual Matter

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There being no further business, the meeting closed at 8:00 pm.

Confirmed:

28 May, 2014

Chairman

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