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AGENDA Ordinary Meeting of Council 6.00pm Wednesday 29 May, 2013

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

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

NEXT MEETING: Wednesday 19 June, 2013 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au


Vision Values Goal Areas

GREATER BENDIGO will be the best place to live work and visit, where: growth and living standards are managed to sustain and enhance quality of life a regional culture of learning, creativity and innovation allows people to flourish its rich natural and cultural heritage is conserved for today and tomorrow resilience, local spirit and identity are proudly celebrated. Council will achieve its vision by working with the community and business, displaying leadership in its decisionmaking, operating in an open manner and basing decisions on sound information.

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

Built and Natural Environment Economic Development Community and Culture Our People, Our Processes


ORDINARY MEETING WEDNESDAY 29 MAY 2013

ORDER OF BUSINESS: ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

3

PRAYER

3

CODE OF CONDUCT

3

PRESENT

3

APOLOGIES

3

SUSPENSION OF STANDING ORDERS

3

PUBLIC QUESTION TIME

3

RESUMPTION OF STANDING ORDERS

4

MAYOR'S REPORT

4

DECLARATIONS OF CONFLICT OF INTEREST

5

CONFIRMATION OF MINUTES

6

1.

PETITIONS AND JOINT LETTERS

7

2.

BUILT AND NATURAL ENVIRONMENT

8

2.1

2 Club Court, Strathfieldsaye 3551 - Development Plan for a Supermarket, Ancillary Retail Units, Other Non-Specified Uses, Car Parking and Landscaping

8

2.2

61 Jobs Gully Road, Eaglehawk 3556 - Subdivision of Land into 10 Lots and Common Property and the Removal of Native Vegetation

26

2.3

42 Nelson Street, California Gully 3556 - Subdivision of Land into Six Lots and Construction of Five Dwellings

35

2.4

13 Reception Avenue, Strathdale 3550 - Buildings and Works Associated with Existing Bowling Club (Erection of Four Light Poles)

52

2.5

17 Spring Gully Road, Quarry Hill 3550 - Subdivision of Land into Three Lots, Construction of Two Dwellings and New Carport For Existing Dwelling and Removal of Vegetation

62

2.6

40 Hopetoun Street, Bendigo 3550 - 2 Lot Subdivision of Land

78


2.7

13 Popes Road, Junortoun 3551 - 2 Lot Subdivision

92

2.8

Parking in the View Street Precinct

101

2.9

Closure of Unused Road Reserve Off Morris Street, Heathcote

105

2.10

Response to Joint Letter: Request for Sealing of Cruickshank Drive, Huntly

110

3.

ECONOMIC DEVELOPMENT

115

4.

COMMUNITY AND CULTURE

116

4.1

Greater Bendigo Golf Strategy

116

4.2

Draft Greater Bendigo Youth Strategy

126

4.3

Progress on the Implementation of the Violence Prevention Plan 2012-2015

132

4.4

Progress on the Implementation of the Community Access and Inclusion Plan 2011 - 2014

135

5.

OUR PEOPLE, OUR PROCESSES

139

5.1

Contracts Awarded Under Delegation

139

5.2

Record of Assemblies

140

5.3

Comparative Statement of Budgeted and Actual Revenue and Expenditure as at 31 March 2013

150

6.

URGENT BUSINESS

156

7.

NOTICES OF MOTION

157

7.1

Notice of Motion: Development of the North Bendigo Recreation Reserve Precinct

157

8.

COUNCILLORS' REPORTS

159

9.

CHIEF EXECUTIVE OFFICER'S REPORT

159

10.

CONFIDENTIAL (SECTION 89) REPORTS

159

___________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER


Ordinary Meeting - 29 May 2013

ACKNOWLEDGEMENT OF COUNTRY PRAYER CODE OF CONDUCT PRESENT APOLOGIES

SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the conduct of Public Question Time.

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

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Ordinary Meeting - 29 May 2013

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

An individual may only ask one question per meeting, a follow-up question may be permitted at the discretion of the Mayor.

2.

In the event that the same or similar question is raised by more than one person, an answer may be given as a combined response.

3.

In the event that time does not permit all questions registered to be answered, questions will be answered in writing or referred to the next meeting if appropriate.

4.

The Mayor and or CEO have the right to decline registration on basis of: Prosecution, summonses or any other litigation; Most appropriately addressed by other means; Vague, irrelevant, insulting or improper, defamatory; Answer likely to compromise his / her position; Confidential, commercial-in-confidence.

5.

Each individual whose registration form has been accepted or declined will be advised by the Friday of the week prior to the scheduled meeting.

6.

In the event of a registration form being declined the registration form will be circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS That Standing Orders be resumed.

MAYOR'S REPORT

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Ordinary Meeting - 29 May 2013

DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) (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.

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Ordinary Meeting - 29 May 2013

CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday 8 May, 2013. The following items were considered at the Ordinary Council meeting held on Wednesday 8 May, 2013 at 6:00pm. Joint Letter: Request for Sealing of Cruikshank Drive, Huntly Petition: Community Policing/Neighbourhood Watch Vehicle Planning Scheme Amendment C158 - Advertising Signs Policy Consider Authorisation Request 87 Taylors Lane, Strathfieldsaye - Stage Subdivision of Land into 26 Lots, the Construction of One Dwelling Each on Lots 19 to 25 and the Removal of Native Vegetation Proposed Construction of Three NBN Facilities (One in Longlea and Two in Lockwood South) Proposed Construction of Two NBN Facilities (Strathfieldsaye and Axedale) 2 Casley Street, Ironbark - 2-Lot Subdivision of Land, Construction of Dwelling, Removal of Tree, Construction of Fence and Construction of Carport 137 Mitchell Street, Bendigo - 2-Lot Subdivision, Demolition of Garage, Construction of Dwelling, Carport and Fence 110 Mackenzie Street, Bendigo - Partial Demolition, Extension to Building (to be used as a dwelling) and Construction of New Dwelling 77 Mackenzie Street West, Golden Square - 4-Lot Subdivision, Construction of 4 Dwellings and Alteration of a Vehicular Access to a Category Road Zone 1 10 Bannerman Street, Bendigo - 2-Lot Subdivision of Land Development Plan for Strathfieldsaye Township East Precinct - Land Bounded by Strathfieldsaye Road, Somerset Park Road and Sheepwash Creek Draft Maiden Gully Precinct Structure Plan Feasibility Study for Trams Closure of Unused Road Reserve off Morris Street, Heathcote Council Plan Third Quarterly Report 2012-2013 Long Gully Water Play Park Record of Assemblies Contracts Awarded Under Delegation Bendigo Stadium Report - 31 March 2013 Adoption of Annual Fees and Charges for 2012/2013

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

RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 8 May, 2013 as circulated, be taken as read and confirmed.

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Ordinary Meeting - 29 May 2013

1.

PETITIONS AND JOINT LETTERS

Nil.

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Built and Natural Environment - Reports

2.

Ordinary Meeting - 29 May 2013

BUILT AND NATURAL ENVIRONMENT

2.1 2 CLUB COURT, STRATHFIELDSAYE 3551 - DEVELOPMENT PLAN FOR A SUPERMARKET, ANCILLARY RETAIL UNITS, OTHER NONSPECIFIED USES, CAR PARKING AND LANDSCAPING Document Information Author

Chris Duckett, Co-ordinator Land Use

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose The proposal under consideration is a development plan for a new retail shopping centre at 2 Club Court, Strathfieldsaye (the site). The key planning issue is whether or not the proposal complies with the Development Plan Overlay that applies to this site, in particular: Whether or not the proposal is an acceptable urban design outcome; and Whether it would promote economic development. 122 submissions and 3 petitions opposing the development with a total of 785 signatures were received in response to the proposal. A consultation meeting was held at which 17 submitters, the applicant and two Councillors attended. No submissions have been withdrawn. In light of the community concerns raised regarding the proposal, the applicant was advised in December 2012 that the City would prefer to consider the development plan in tandem with a planning application for the development in order that all issues could be considered concurrently. The applicant took this advice and a planning application was submitted in January 2013. Subsequently the applicant decided to seek a decision on the development plan only, on the basis of the City’s failure to determine the plan through the Victorian and Administrative Tribunal (VCAT) rather than through Council. The planning application has been referred to statutory referral authorities but the application is now on hold. This report therefore seeks Council’s view as to what their decision would have been had they been the decision maker on the development plan, in order that a direction can be provided to VCAT by the City’s representatives at the hearing scheduled for 19 June 2013. This report recommends that the Greater Bendigo City Council does not support approval of the development plan as it is not in compliance with the Greater Bendigo Planning Scheme.

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Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support public wellbeing and economic success.

The Council Plan 2009-13 (updated 2010) contained the following action: Facilitate the development of communities at Jackass Flat, Strathfieldsaye and Huntly through implementation of the Structure Plans which include actively promoting ecologically sustainable principles. Strategy Reference: Strathfieldsaye is identified as a "New Development Area" in the Bendigo Residential Development Strategy (2004), which is a reference document in the Greater Bendigo Planning Scheme. Background Information The process of considering and determining a development plan differs from the processing of a planning application. A development plan has two purposes: (a) (b)

to identify areas that require the form and conditions of future use or development to be shown on a plan before a permit can be granted to use or develop land; and to exempt a planning permit application from notice and review if it is generally in accordance with an approved development plan.

There is no specific requirement in the Planning and Environment Act or the Planning Scheme that requires notice to be provided for development plans. This is largely because the Development Plan Overlay and Schedules have been through a Planning Scheme Amendment process, at which time the local community would have had an opportunity to comment. Notwithstanding, it is Council policy to advertise and seek submissions on development plans and that is what has occurred in this instance. Planning History of the Site The site was considered at a Planning Panel hearing in October 2010 on Planning Scheme Amendment C137 which proposed to implement the Strathfieldsaye Township Plan (STP) into the Planning Scheme. The Amendment proposed to rezone the site from Business 1 Zone (B1Z) to Residential 1 Zone (R1Z). A submission was received from the owners of the site opposing the rezoning of the land from B1Z to R1Z. PAGE 9


Built and Natural Environment - Reports

Ordinary Meeting - 29 May 2013

The Panel concluded that it would be inappropriate to rezone the land from B1Z to R1Z and recommended that site be retained in B1Z. The Panel Report is discussed in more detail below. Council resolved to accept the Panel's recommendation to retain the B1Z at its meeting on 19 January 2011. Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DC/634/2012 23 August 2012 Urbis JHD 2 Club Court, STRATHFIELDSAYE Business 1 Zone Development Plan Overlay 26

Subject Site and Surrounds The subject site comprises land which is just over 2 hectares in size and borders three streets, Club Court, Wellington Street and Uxbridge Street. The ground levels on site drop in the region of 8 metres from the south west corner to the north and north east of the site. The site comprises a single storey dwelling constructed circa 1955 as well as a number of outbuildings and native vegetation. The only property that adjoins the site is Strathfieldsaye Primary School to the immediate north. On the western side of Club Court is a large residential block. On the eastern side of Uxbridge Street are a number of blocks which are zoned Business 1 but currently occupied by dwellings. On the opposite side of Wellington Street are two large blocks; one is vacant, zoned Special Use and owned by the Anglican Church of Australia and the second contains a dwelling and is zoned Business 5.

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Figure 1: Location map showing subject site. Due to the large volume of objectors these have not been shown.

Proposal The proposed layout of the development plan shows a supermarket building set towards the rear of the block behind an expanse of car parking and landscaping. To the west of the supermarket it is proposed to locate a block of specialty retailing units. Two ‘pad’ sites are located on the western boundary adjacent to Club Court. The uses of the ‘pad’ sites are not defined at this stage and may not need a planning permit. Planning permits would be required for any buildings proposed on the ‘pad’ sites. It is proposed that the site will have four accesses, two from Club Court and two from Uxbridge Street. The Development Plan indicates the following floorspace areas: Supermarket - 3,200m2 Speciality shops - 760m2 Total - 3,960m2 + pad sites. Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework Clause 11.01-2 Activity Centre Planning Clause 15 Built Environment Clause 17 Economic Development

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Municipal Strategic Statement Clause 21.07 Economic Development Clause 21.10 Reference documents Other Provisions Clause 34.01 Business 1 Zone Clause 43.04 Development Plan Overlay Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal on an information basis only. Where conditions have been suggested these would be best imposed on any future planning permit application. Referral

Comment

Powercor

No response

Coliban Water

No objection

Telstra

No response

Tenix

No response

Public (PTV)

Transport

Victoria The Development Plan and resulting shopping centre promotes smaller community hubs and reduces the need for residents to travel to Bendigo CBD to meet retail needs which is supported by PTV.

Country Fire Authority (CFA)

While the plan does not include significant detail, CFA generally does not object to the proposal.

Department of Sustainability The Department has considered the plan and and Environment (DSE) considers it to be satisfactory for the purposes of the requirements contained under the Strathfieldsaye Township, Development Plan Overlay 26, and as such has no objection to the plan being approved. VicRoads

No objection but a Transport Impact Assessment Report (TIAR) and Road Safety Audit must be prepared to address issues on surrounding road network. It is noted that Council will refer the planning application to VicRoads at the appropriate time. For information only-the planning application has been referred to VicRoads and they have stated no objection to the proposal subject to conditions including the design and construction of an upgraded intersection at Wellington Street and Uxbridge Street. PAGE 12


Built and Natural Environment - Reports

Referral

Ordinary Meeting - 29 May 2013

Comment

Traffic & Design

Both Club Court & Uxbridge Street will require pavement upgrades to handle truck movements. Waiting for the TIAR before comment on traffic flows. Assuming traffic lights at Uxbridge Street and roundabout at Club Court as per the structure plan. The school crossing can be removed after the traffic lights are built. Will comment more when we receive the detailed plans.

Drainage

No objection subject to conditions

Landscape and Open Space

No response

Urban Design

No response

Strategy

No response

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 122 submissions were received. A summary of comments received is produced under subject headings below: Urban Design/Planning Scheme The proposal does not comply with the requirements of the Planning Scheme. Proposal fails to comply with the objectives set out in the Strathfieldsaye Township Plan 2009. 500m separation from existing centre will encourage car use. Design avoids active retail frontages on Wellington Street without justification. Plan lacks detail with no design guidelines. Stand-alone shopping centre would be isolated from rest of the centre, set back behind a sear of car parking. ‘Pad’ sites will most likely be car based destination retail activities not integrated by the centre as required by the DPO and Township Plan. Car parking will dominate and ‘intimate shopping environment’ is lost to cars. The plan does not contain the mix of uses indicated in the Township Plan, i.e no housing or community uses. Commercial development should be halted pending a total review of the Structure Plan. Application highlights the total inadequacy of the Township Plan.

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Aligning commercial development to Wellington Street frontage will not result in a ‘village’ environment. Economic Impact Development should be adjacent to existing shopping complex to encourage competition. Major supermarkets do not have community interests at heart and are only interested in market share. Current shopping centre is adequate and another supermarket will be the death knell of these businesses. Extent and type of retail development is not justified by trade area and population. These issues are addressed in the planning assessment below as they relate directly to the DPO. In addition, local residents provided comment on a range of other issues including social, amenity and traffic. These are listed and discussed below. Planning Assessment Does the proposal comply with the development requirements of the DPO? A Development Plan Overlay (DPO) was applied to the Town Centre, New Development Area East and New Development Area West as identified in the Strathfieldsaye Township Plan, 2009, (STP). The objective of the DPO relevant to the Town Centre is to deliver a vibrant and accessible town centre and promote economic development. The Schedule to the DPO requires that in order for the Development Plan to be approved it must be generally consistent with Plan 4: Town Centre Structure Plan as contained in the STP. An extract from Plan 4 is produced below with the site identified with a star.

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In addition, the Schedule to the DPO has specific requirements for the town centre that relate to land use, development and movement. The land use requirements relevant to this proposal under the Schedule are: The consolidation of commercial activity within the Core Area centred on Wellington Street and bounded by Club Court and Apsley Streets and the west side of Emu Creek. The development requirements under the Schedule to the DPO primarily relate to medium-density housing. The exception being that: All commercial development having active frontages to streets, pedestrian accessways and open space, where practicable. The movement requirements under the DPO are: Provision of mid-block pedestrian linkages to facilitate pedestrian access through the Core Area. Provision of shared space in the design of roads to enable pedestrians and vehicles to co-exist safely. In addition to the Schedule the STP has a series of objectives and strategies which aim to achieve an integrated and consolidated town centre based on Plan 4. The proposed layout of the development shows a supermarket building with a front setback of around 41m behind an expanse of car parking and landscaping. Adjacent to the supermarket is a block of specialty shops with two 'pad' sites to the west of the site. The layout shows an east-west pedestrian link across the site in the front of the proposed buildings. Two further pedestrian links are provided from Wellington Street to the development. The preferred urban design solution for large retail developments in existing and developing town centres is to have active retail frontages which present well to the street. Such a design has many advantages including providing a visually attractive shopping environment, encouragement and enhancement of pedestrian movement, integration and facilitation of public transport use. At the Planning Panel hearing, part of the rationale in recommending that the land be retained for Business use was that it could form a shopping strip within a linear township between the subject site and the existing shopping centre. This adds weight to the argument that street frontage development would be the preferred design solution. Officers have encouraged the applicant to provide a street-based design but the applicant's preference was for a building form recessed from the street with a large area of car parking highly visible from the street. The applicant's principal verbal justification for this was difficulties of servicing the street based retail units and the fact that VicRoads had expressed a future desire to widen Wellington Street.

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Built and Natural Environment - Reports

Ordinary Meeting - 29 May 2013

The proposed layout is not a good urban design solution for the site given that current guidance and policy strongly encourages a shift towards more street-based activity centres. It is accepted that the proposed layout does provide for and encourage pedestrian activity from Club Court through to Wellington Street through the east-west link across the site but it is likely that such pedestrian activity would be generated within the site from people who have driven to the site rather than walked from other destinations in the town centre. One of the key difficulties in creating walkability with this site is its relative isolation from the existing town centre. The Panel Report which recommended the retention of the site as B1Z has had the potential consequence of changing the focus of the future town centre development of Strathfieldsaye from that documented on Plan 4 and focussed around a shared space on Apsley Lane to a linear township based around Wellington Street. It is agreed that a linear township could be an appropriate way in which the commercial centre of Strathfieldsaye can develop into the future. However for a linear township to create an appropriate urban design outcome, it is desirable that commercial development should be designed with frontages which present to Wellington Street to create a sense of place and encourage vitality. This concept is given greater weight by the fact that the DPO requires all commercial development to have active frontages where practical. Although the applicant has given an indication of why they are reluctant to provide built form to Wellington Street no written explanation as to why this cannot be achieved has been provided. The poor design response in terms of car parking raised by an objector is a very valid point. It is considered the proposed layout of the shopping centre is repeating the mistakes of shopping centre design undertaken in recent years. This was an issue which the City raised on previous supermarket developments in the Bendigo region at Epsom and Kennington and that position was supported at VCAT. The only way that this could be satisfactorily addressed is by providing a street based built form. As this has not been provided the proposal would not comply with the development requirements of the DPO Schedule. In terms of the issue of the site’s relative isolation from the existing centre, the Panel Report was clear in its view that the site presented as a gateway to the commercial town centre and that the lack of public transport options in the area made a supermarket development less conducive to a highly pedestrianised environment. Notwithstanding this the Panel also considered that with an appropriate Urban Design Framework a compact and walkable shopping environment could be achieved with a linear township focussed on Wellington Street. In summary the proposal does not follow good urban design principles including those outlined in Clauses 15.01-1 Urban design and 11.01-2 Activity centre planning and does not represent an acceptable urban design outcome that is in compliance with the objective and strategies of the DPO.

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Does the proposal promote economic development? It is important to note that the use of the land for a supermarket does not require a planning permit in the Business1 Zone. However there is case law which has determined that even where a use permit is not required economic impact can be a valid consideration. As the objective of the Schedule to the DPO identifies the promotion of economic development it is important to determine whether the proposed development will have an adverse economic impact on the existing town centre and other retail areas in the Bendigo region. In addition to the objective to the Schedule, an assessment of the economic impact of the proposal is an important strategic planning consideration as there is an identified hierarchy of existing retail and commercial centres in Bendigo which the Municipal Strategic Statement (MSS) and Commercial Land Strategy (CLS) seeks to protect by encouraging growth that supports the respective roles of each centre within the municipality. The hierarchy in descending order is Bendigo CBD, Kangaroo Flat South Regional Centre, Village centres (including Strathfieldsaye), local centres and isolated stores and facilities. The CLS has outlined that 15,660m2 of floorspace is required between 2004 and 2011. The CLS did not give a breakdown of the way in which floorspace should be allocated between Village centres but did acknowledge that with population growth projected for the area the expansion of the Strathfieldsaye will be necessary to accommodate growing local demand for goods and services. This has been reflected in subsequent MSS strategies. It can be concluded therefore that there is policy support for the expansion of retailing floorspace in the Strathfieldsaye centre. The applicant has submitted an Economic Impact Assessment (EIA) report with the Development Plan application which was subsequently updated when the planning application was submitted. Some of the key findings of the report are as follows: Trade will be down in: Strathfieldsaye - 10.1% Kennington - 9.6% (this assumes Kennington Village will be open by 2015) MarketPlace - 2.2% Coles East Bendigo - 5% Coles CBD - 4% Trading impacts in Strathfieldsaye will be quickly off-set by rapid population growth; The new centre will inject new sales and customers to the town centre; 110 direct and indirect construction jobs will be created; 94 jobs when complete + 60 jobs through multiplier effects. The report undertook an assessment of supermarket floorspace provision across the Bendigo region and found that the Bendigo average is 0.41m 2 per capita.

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A comparison between Strathfieldsaye and outer localities with similar characteristics was also undertaken. This is produced in the chart below. The current rate for Strathfieldsaye is 0.21m2 per capita, which is just over half the Bendigo average and only comparable with Maiden Gully which is also a growth area. The proposal would increase floorspace provision in Strathfieldsaye to 0.47m 2 per capita. The report concludes that within 3 years of opening (2018), population growth would have reduced floorspace provision to below the Bendigo per capita average.

In response to the applicant's EIA, Essential Economics were engaged by IGA Supermarket to review the EIA. Essential Economic provided a ‘letter of advice’ to IGA which included these points: Existing Business 1 Zone land in Strathfieldsaye could accommodate 30,000m 2 of retail floorspace Population growth in Greater Bendigo is lower than previously forecast and for the catchment area, the EIA has been over-estimated by 20% Inclusion of Kangaroo Flat in the comparison (as per the above chart) distorts the outer floorspace ratio and should be discounted as it is a sub-regional shopping centre. Without Kangaroo Flat the average ratio is reduced to 0.30m 2 per capita. Any shortfall in floorspace could be made good by an expansion to IGA on adjoining land within their ownership. Potential trading impacts have been underestimated and are more likely to be in the order of -21% not -11% as stated in the EIA. On the last bullet point when the issue of trading impact has been considered in cases at VCAT, the range of minus 10-15% has generally been considered reasonable subject to the type of retail establishments being compared and taking into account locational characteristics. It is important to note that this is usually only a consideration for competing centres not competing businesses within the same centre. PAGE 18


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In light of the fact that reports submitted had different findings, the City commissioned SGS Economics to undertake a peer review of the applicant’s EIA. The peer review found that the applicant’s EIA was very reasonable in terms of its trade impact assessment and population growth projections. The peer review concluded that Strathfieldsaye's population growth should result in a demand for approximately 4,710m2 of supermarket floorspace by 2026. The proposed supermarket (3,200m2) added to the existing supermarket (2,000m 2) would give a total floorspace of 5,200m2. The review concluded that this is a sustainable level of floorspace given the projected demand of 4,710m 2. The analysis of supermarket floorspace has been complicated by the fact that the IGA Supermarket has recently submitted a planning application for an extension of 1,000m 2 of floorspace as well as an additional 8 retail tenancies with a total floorspace of 650m 2. As this application would have a significant impact on retail floorspace levels in Strathfieldsaye, SGS Economic were commissioned to undertake an addendum to their report which looked at the following three scenarios: Expansion of IGA with no Woolworths supermarket The analysis concluded that there is an immediate need for the expansion of the IGA which would meet current demand. New Woolworths supermarket and IGA continuing to operate as existing This would result in an oversupply of local supermarket floorspace in the order of 1,875m2. Such an oversupply may enable both Woolworths and IGA to trade albeit in a tough environment for a number of years. However as Strathfieldsaye develops trade levels would be likely to increase exponentially. New Woolworths and an expanded IGA This scenario would clearly increase the oversupply of local supermarket floorspace and result in a far tougher trading environment. It is likely that demand for full trade for two full line supermarkets would not be realised until 2033. Whether the IGA expands or not it is clear that the process for meeting full demand for both supermarkets will take a considerable amount of time and that until that time both the new and existing supermarkets would experience a period of underperformance in terms of turnover relative to floorspace. This will not necessarily result in the closure of the stores or threaten the viability of Strathfieldsaye town centre or any other centre although it is recognised that this proposal would, in the short term, temporarily saturate the market. Therefore the timing of when the supermarket opens is an important consideration in an assessment of the reasonableness of the proposal. If the supermarket were to open today, its impact on other retail outlets would be greater than in two years’ time and it stands to reason that the impact would decrease exponentially as population increases.

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It is accepted that the proposal would have an inevitable economic impact on the existing centre in Strathfieldsaye. However this has to be considered against that the fact that there is currently an under provision of retail floorspace and that as population growth increases the need to address this is undisputable. A further consideration is an allowance for the time that it will take for the project to be delivered. The planning process could take up to a year to resolve and construction time is likely to take a further year with the result being that the supermarket is unlikely to open much before the middle of 2015. In addition to the analysis undertaken, further justification for support for a retail use on this site was provided in the Planning Panel Report on C137. At the hearing the Panel agreed with the economic evidence provided and stated that ‘….it became clear that there is an almost immediate (short term) need for a second supermarket to better cater for the existing and future residents…’ As Council accepted the Panel’s recommendation as recently as January 2011 it would be inconsistent to adopt an alternative position as there has been no change in planning policy or legislation in the interim period. Another factor which warrants detailed discussion is the proposed Woolworths supermarket at Kennington Village, located 5km north of the subject site. Since the application for the Development Plan was submitted amended plans for Kennington Village have been endorsed by the City. In addition the construction project has gone out to tender and retail tenancies are being marketed. All the evidence therefore suggests that the supermarket will be built in the near future. The significance of Kennington Village being constructed is that this it is likely to result in an increase in retail escape expenditure from Strathfieldsaye. Economic advice provided is that additional floorspace is needed in Strathfieldsaye now to prevent excessive levels of escape expenditure. The impact on the trade levels of the IGA supermarket is regrettable but this should not be the economic focus. Underperformance of supermarkets is acceptable as long as they are able to survive and is preferable to an under provision of floorspace resulting in excessive escape expenditure. This would be damaging for the long-term future of the town centre. Furthermore, refusal of a second supermarket in Strathfieldsaye and approval of the IGA expansion would only be a short term fix to the retail floorspace issue. As the town’s population increases, the need for a second supermarket would still eventuate within 5 years. Officers have considered the potential staging of the second supermarket to delay its construction and whether this could be implemented to offset the short term impact on the town centre. This would not be reasonable as the demand for supermarket floorspace is now. The key question that Council must consider in this difficult debate is what is the best outcome for the community both now and into the future. Additional retail floorspace is needed immediately and a significant amount more will be required in the forthcoming years. PAGE 20


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In conclusion, it is accepted there would be a short term economic impact on the existing centre but this would be diluted over time. The objective of the DPO is not to protect existing businesses but to promote economic development. The proposal would promote economic development. It is therefore considered that it would be unreasonable not to support a retail development on the site on economic grounds. Other Issues Local residents have raised a number of other issues relating to the proposal. Many of the concerns are legitimate planning issues. However the weight that they can be given in the consideration of a development plan application is minimal as they largely relate to detailed planning application matters that will be considered at a later date should the development plan be approved. The issues are listed and commented on below. Social impact Consideration should be given to the expansion needs of the school adjacent to the site. It is understood that there are no expansion plans for the school and the site is of no interest to the Department of Education. In addition the site is privately owned and the current proposal must be considered on its merits. Local clubs will suffer through the loss of donations from existing businesses. There is no evidence to suggest that businesses will cease to provide donations to local clubs. In any case this is not a planning issue. Local youths would be made unemployed due to closure of existing businesses The empirical evidence does not suggest closure of existing businesses. Although the projected trade impact could have an impact on employment numbers in existing businesses this should be more than offset by new employment opportunities, both short term and long term which will be generated by the proposal. Risk to students from members of the public visiting the supermarket. Older children may loiter during lunchtimes Anti-social behaviour- foul language/smoking Increased possibility of child abduction Such comments are unfounded and are based on supposition without evidence. Traffic impact and pedestrian safety Development will create hazards for the school Higher volume of vehicle traffic School crossings and safety of children making safe passage home from school. Impact on safety of parents and children of Strathfieldsaye Primary School Traffic management PAGE 21


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Concerns regarding adjacent and nearby intersections Proposed loading locations and the impact this will have on safety and noise and disruption to the school classroom program There would need to be a high concrete wall between school and supermarket so our kids are safe and will stop noise to classroom The traffic impact of the proposal including its impact on pedestrian safety is a matter that will be required to be addressed at the planning application stage. If the applicant cannot demonstrate that the proposal will not create an adverse impact on road safety that will be a legitimate reason to refuse the planning application. Likewise the matter of noise will be assessed at planning application stage and may require an acoustic fence treatment to mitigate the impact. Amenity Pollution from delivery trucks There may be some pollution from delivery trucks but the site is zoned for business use so it must be expected that vehicles will emit fumes albeit within accepted guidelines. The site should also be seen in the context of its abuttal to a road which carries in the region of 12,000 vehicles a day. Light pollution from headlights of cars This maybe an issue for two properties on Uxbridge Street but again the land is zoned for business. The two dwellings in question are also zoned for business and are around 45m from the site boundary which should dissipate the impact. Loss of rural outlook Strathfieldsaye has been identified as a growth area and therefore it is inevitable that some of its rural character will be affected by future development. Ultimately it is unreasonable to seek to protect rural outlook on land zoned for business use. Other A location further onto Eppalock would be more suited. The site has been deemed to be appropriate. Land to the east of Strathfieldsaye is not appropriately zoned or strategically justified for retail development. Further clarification on plans-no information on ‘pad’ site and turning circles. As this is a development plan application the level of information provided is sufficient to assess the application. Support for the proposal-subject to significant intersection improvements. Contribution to improve intersection should be sought by Council. These are issues that will be addressed at the detailed planning application stage. Inadequacies of the Township Plan. Criticism of the Township Plan and suggestions of a review are matter of opinion. The suggestion of a moratorium on commercial development in Strathfieldsaye pending a review is unrealistic.

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Conclusion This proposal raises some difficult planning issues for Strathfieldsaye town centre. There would be a short term economic impact on the existing shopping centre. However the economic arguments have been rigorously tested in Planning Scheme Amendment C137 and in the assessment of this development plan. The proposal would meet the strategic retail needs for the long term future growth of Strathfieldsaye. However the proposal does not fully adhere to good urban design principles such as good pedestrian connectivity and active street frontages and therefore does not comply with the DPO. An amended design which meet the objectives of the DPO would result in a proposal that could be supported. There is significant community opposition to this proposal and many of the issues raised are valid planning considerations. However many of those objections relate to matters of detail and these will be considered in any future planning application. Should the applicant not be able to satisfactorily address the concerns raised, there may be valid grounds to refuse a planning application. In summary it is recommended that Council does not support approval of the development plan for the retail development at the forthcoming VCAT hearing. Attachments Economic Impact Assessment (Peer Review) Addendum Objections Samples of 2 Pro forma Objection Letters Sample of a Petition RECOMMENDATION Greater Bendigo City Council resolve to oppose the granting of a Development Plan at 2 Club Court, Strathfieldsaye for the following reason: 1. The proposed development plan would result in a poor urban design response to the site which does not comply with clauses 11.01-2 Activity centre planning, 15.01-1 Urban design and 43.04 Development Plan Overlay Schedule 26 of the City of Greater Bendigo Planning Scheme.

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2.2 61 JOBS GULLY ROAD, EAGLEHAWK 3556 - SUBDIVISION OF LAND INTO 10 LOTS AND COMMON PROPERTY AND THE REMOVAL OF NATIVE VEGETATION Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This permit application concerns a proposal to subdivide the land at 61 Jobs Gully Road, Eaglehawk into 10 residential lots. The site is zoned for residential purposes. The application is opposed by six objectors who are concerned about the proposed lot density. They argue that the subdivision will create lots that are not in keeping with the neighbourhood character. They also raise other concerns about traffic, native vegetation losses and amenity impacts. It is considered that the proposed lot density is too high for the area. The subdivision will create a poor transition with existing properties in the vicinity of the site in terms of lot sizes. The lot density will also cause amenity problems for those properties that directly abut the site. For these reasons it is recommended that a permit be refused. Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/864/2012 15 November 2012 Tomkinson Group 61 Jobs Gully Road, EAGLEHAWK 3556 Residential 1 Zone Nil

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Subject Site and Surrounds The site and its surrounds is described by the applicant thus: "The subject site is known as 61 Jobs Gully Road Eaglehawk. The site contains a single allotment known as Lot on LP 116706. The site contains a total area of approximately 6,071m2 and is rectangular in shape. The site presents a 30.18m frontage to Jobs Gully Road at the southern boundary of the site. The eastern and western boundaries of the site, each 201.17m in length, abut private land containing residential dwellings. The northern boundary of the site abuts residential land recently approved for residential development. The site contains a single storey dwelling of brick construction. The dwelling is found in the southern half of the site, setback approximately 25m from the Jobs Gully Road frontage boundary. To the rear of the dwelling are a number of small outbuildings and a vegetable garden, the remainder of the site is vacant. The northern half of the property contains scattered Box Gum (EVC 61) trees with negligible understorey vegetation. The remainder of the site is otherwise cleared. The site exhibits relatively flat topography with a very slight fall exhibited towards the southern boundary. The site does not contain any ridges, slopes or other topographic features. No areas of saline discharge or areas of existing erosion have been located on site."

Figure 1: A location map showing the site. The objectors' properties are marked.

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Proposal It is proposed to subdivide the site into 10 residential lots. The lots will be serviced by a 5.5m wide common property driveway off Jobs Gully Road that will extend along the east boundary of the site. The proposed lots will front onto this driveway. The existing dwelling on the site will be retained and accommodated within Lot 10. The remaining lots will be vacant and each will be suitable for a single dwelling. The new vacant lots will range between 362m2 and 406m2. The lots will be fully serviced. Vegetation on the site will be cleared as part of the subdivision. Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone and is not covered by any overlays. The proposed subdivision of the site and the removal of native vegetation triggers the need for a permit pursuant to the zone provisions and clause 52.17-2 (native vegetation) in the planning scheme. The following clauses in the planning scheme are particularly relevant to the application. State Planning Policy Framework  Regional development (clause 11.05).  Biodiversity (clause 12.01).  Urban environment (clause 15.01).  Sustainable development (clause 15.02).  Residential development (clause 16.01).  Movement networks (clause 18.02).  Development infrastructure (clause 19.03). Municipal Strategic Statement  Municipal profile (clause 21.01).  Key issues and influences (clause 21.02).  Vision - strategic framework (clause 21.03).  Strategic directions (clause 21.04).  Settlement (clause 21.05).  Housing (clause 21.06).  Reference documents (clause 21.10). Local Planning Policies  Salinity and erosion risk policy (clause 22.04). Other Provisions  Residential 1 Zone (clause 32.01).  Native vegetation (clause 52.17).  Residential subdivision (clause 56).  Decision guidelines (clause 65).  Referral and notice provisions (clause 66).

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Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

DEPI (formerly DSE)

No objection subject to conditions

Development Engineer (internal)

No objection subject to conditions

Public Notification The application was advertised to the public by mail and an onsite notice. Originally 11 people objected to a permit being granted but five of these objections were later withdrawn. The objections primarily raise concerns about the density of the proposed subdivision and its impact on the neighbourhood character and local amenity. There are also issues about traffic and loss of native vegetation. The grounds of objection are discussed later in this report. Planning Assessment The density of the proposed subdivision The site had a permit for a six lot subdivision which was approved in 2010. The plans showed lot sizes down to 650m2. This previous plan was essentially a less dense version of the current proposal, with lots arranged alongside a common property driveway extending along the east boundary of the site. The previous proposal attracted no objections at the time. The main ground of objection to the current proposal centres upon the density of the development. Put simply, the objectors believe that the plan contains too many lots. The proposed lot density is seen as not in keeping with the neighbourhood character. In response to this concern the applicant amended their plan to reduce the number of lots from 11 to 10 lots. Other changes were also made to the plan, namely: (1) a 3m wide building exclusion zone was added along the rear boundary of each new vacant lot as a means of separating new built form from adjoining properties, (2) a 1m wide planting 'screen' was included within the building exclusion zone, and (3) indicative building envelopes were prepared for each new vacant lot showing the likely house designs that would result from the subdivision.

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These changes weren't enough to satisfy the objectors. The broad consensus amongst the objectors was that a subdivision containing no more than 9 lots (rather than the proposed 10 lots) would be a more appropriate design response for the site. Turning to the key question then: does the proposed 10 lot subdivision respect the neighbourhood character? This is not a straight-forward question. The site and its context has several unusual features that make it difficult to settle upon a cohesive understanding of the neighbourhood character. Foremost of these irregularities is the long, narrow shape of the site. The site has only a 30m wide frontage but is over 200m in depth. This is in contrast to many other lots in the immediate area which have more even proportions. Indeed, all the lots west of Coulson Street (which intersects with Jobs Gully Road) are conventional suburban lots of roughly standard proportions, ie. 18m wide x 30m depth. The site also has a significant number of abuttals to other residences, most of which address Coulson Street. Of the properties in Coulson Street, six of them have backyards that adjoin the site. Thus any development on the site has the potential to impact on these properties and be seen from within Coulson Street. It's also worth noting that existing development is contained to only one side of Jobs Gully Road - there is no housing on the south side of the road as this area contains Jobs Creek. What is clear though in terms of neighbourhood character is that the area once accommodated mostly large homes on semi-rural lots but that this typology has given way to suburban forms of subdivision. Coulson Street is an example of the former typology. The trend towards in-fill housing is set to continue. The land to the east of the site, for example, has approval for 18 lots with lot sizes around 600m 2. Other infill developments are sure to follow on the other large properties to the east of the site. It therefore follows that redevelopment of the subject site for some sort of denser housing is broadly consistent with the pattern of subdivision in the area. The remaining question to resolve is whether lot sizes as low as 362m 2, as shown on the proposed plan of subdivision, will achieve a comfortable fit with the character and appearance of the area. Having regard to the site context it is considered that the proposed lot density represents an excessive contrast with the Coulson Street properties and the area more broadly. A more sensitive transition in terms of density is called for in this instance. The proposed lots will be the smallest found in the area, including those located in the suburban block west of Coulson Street. While it's acknowledged that from some viewing points within the streetscape the lots will be partially concealed, there will still be many opportunities to experience the full visual impact of the dense built form that will result from the subdivision.

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A lot density more akin to that found west of Coulson Street is considered more appropriate for the site. The loss of at least one lot would be necessary to achieve this outcome, ideally creating lots of around 450m 2 to 500m2. This would strike the right balance between the duel planning objectives directed towards promoting urban consolidation while protecting and enhancing neighbourhood character. A less intensive development would also help to address the objectors' other concerns about the provision of visitor parking for the lots, rubbish collection (the concern that bins will clutter the kerb on collection days) and traffic impacts. Amenity impacts The proposed subdivision will essentially result in a row of detached houses being constructed adjacent to the rear boundary of six existing properties in Coulson Street. Each of the existing Coulson Street properties will have at least two new lot abuttals, meaning that they will look directly out from their backyards onto two new houses. The small size of the lots will allow for only modest spacing to be achieved between the new houses thus creating a bulky outlook for the neighbours. This is considered unacceptable from a visual amenity perspective. The proposed 3m wide building exclusion zone and plantings will be inadequate to properly ameliorate the likely visual bulk of the new houses. A less dense subdivision is considered necessary to increase the opportunity for the new houses to employ substantial side setbacks from one another. With respect to other siting and amenity considerations it is acknowledged that the lots are suitably designed to accommodate a single dwelling with convenient and efficient access available from the proposed driveway off Jobs Gully Road. The lots will be fully serviced and will enjoy the locational advantages of being close to services and public facilities. Native vegetation All vegetation on the site will be lost, or deemed to be lost, as a result of the proposed subdivision. The vegetation losses are proposed to be offset, an approach that is supported by the Department of Environment and Primary Industries (formerly DSE). The vegetation clearing is considered acceptable in this case because: (1) the vegetation is only of low conservation significance, (2) the vegetation lacks any meaningful linkages to other patches of vegetation, ie. the site doesn't serve as a 'biolink', and (3) the vegetation isn't habitat for any endangered species. Conclusion For the reasons discussed above it is considered that the permit application does not meet the requirements of the planning scheme and on this basis a permit should not be granted.

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Options Council, acting as the responsible authority for administering the planning scheme, may resolve to: grant a permit, grant a permit subject to conditions, or refuse to grant a permit. Attachments Objections RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for the subdivision of the land and removal of native vegetation at 61 Jobs Gully Road Eaglehawk for the following reasons: 1. The proposed lot density is excessive having regard to the character of the neighbourhood and the amenity conditions of the residential properties that adjoin the site.

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2.3 42 NELSON STREET, CALIFORNIA GULLY 3556 - SUBDIVISION OF LAND INTO SIX LOTS AND CONSTRUCTION OF FIVE DWELLINGS Document Information Author

Peter O'Brien, Senior Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Planning permission is sought for the above proposal. The application is before Council as two objections to the application were received. Issues raised by the application include: Whether the proposal accords with Planning Scheme policy relating to medium density infill housing; Whether the proposal represents an appropriate outcome with reference to Residential Character Policy and ResCode; and Amenity and other concerns raised by the objectors. The policy, character and ResCode merits of this infill development on this site are appropriate and this report recommends the Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit. Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Background Information The application has been a long running one with a major initial issue with the application being the proposed demolition of the Victorian era dwelling on the lot. The existing dwelling has no planning protection in the form of either a Heritage or Character Overlay. Officers advised the permit applicant that the existing dwelling was viewed as being an important element of neighbourhood character and should be retained. The application was also referred to the City’s Heritage Advisor and Heritage Advisory Committee who did not support demolition.

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The applicant subsequently amended the application to retain the existing dwelling. The application was also amended to reduce the overall scale of the development from seven proposed dwellings to five (six in total when the existing dwelling is included). Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DSD/376/2012 5 June 2012 P G Norman 42 Nelson Street, CALIFORNIA GULLY 3556 Residential 1 Zone Nil

Subject Site and Surrounds

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

The subject site is a generally rectangular lot of approximately 2,127 square metres created by a subdivision in 1978 which saw the adjoining lot created and subsequently developed with 8 dwellings and common property. The lot is 110 metres long running on the north west, south east axis and has 20.22 metres of frontage to Nelson Street. The lot falls in the order of 1.5 metres from front to rear.

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The site contains an existing Victorian style dwelling which City rate records indicate was constructed in 1910. The balance of the lot is largely clear with the exception of some large established trees which appear to be native, particularly in the rear half of the lot. Access to the lot is via a crossover on the eastern side of the property. The site is located within a well-established neighbourhood that enjoys good public transport coverage. The closest bus stop is approximately 50 metres west of the application site. The site is also very close to the recently redeveloped California Gully Oval and 400 metres from a convenience shop on Sandhurst Road and 500 metres from a convenience shop and community hub on the corner of Bright and Nelson Streets. Proposal The proposal seeks to subdivide the land into 6 lots that range in size from 234.28 square metres to 410.09 square metres (the lot for the existing dwelling). The new dwellings will be accessed via common property on the eastern side of the lot. 5 dwellings are proposed, all of which are three bedrooms. The pair of dwellings at the rear of the development are to be two storey, with the three other dwellings single storey. Each dwelling has an attached single garage with a tandem space in front which will be subject to modified plan requirement in order to meet the Planning Scheme standard. A new crossover and carport is proposed to serve the existing dwelling and this is to be located on the opposite (western) side of the lot from where the current crossover exits. Existing vegetation on the site is proposed to be removed; however the size of the lot (less than 4,000 square metres) means that vegetation removal does not require specific primary planning consent. The vegetation removal is still a relevant consideration in terms of the City’s adopted Character Policy and ResCode consideration of the proposal. Planning Controls - Greater Bendigo Planning Scheme The site is within a Residential 1 Zone which triggers the need for a permit to subdivide and construct the new dwellings only. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework: Open space (clause 11.03). Regional development (clause 11.05). Sustainable development (clause 15.02). Residential development (clause 16.01). Housing form (clause 16.02). Integrated transport (clause 18.01). Movement networks (clause 18.02). Municipal Strategic Statement: Municipal profile (clause 21.01). Key issues and influences (clause 21.02). PAGE 37


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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: Eaglehawk 4 Character Policy (clause 22.13). Zone: Residential 1 Zone (clause 32.01). Other Relevant Provisions: Car parking (clause 52.06). ResCode (clauses 55 & 56). Decision guidelines (clause 65). Referral and notice provisions (clause 66). Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

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

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising two objections were received, with the grounds of objection being: The removal of established vegetation (that contributes to the character of the area) that could be retained; Inaccurate notice of application;

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Overdevelopment of the site resulting in loss of outlook & Number of units in the area. A consultation meeting was conducted on site on 12 February 2013 which was attended by objectors, the permit applicant, property owner, the assessing officer and Councillor Cox. At the meeting some additional issues were raised by the objectors including: The closeness of the driveway to the existing boundary fence; & Noise impacts from vehicles accessing the site. The planning merits and objections are discussed below. Planning Assessment Does the proposal accord with Planning Scheme policy relating to medium density housing? Clause 11.05-4 (Regional planning strategies and principles) has objectives to limit urban sprawl and direct growth into existing settlements, promoting and capitalising on opportunities for urban renewal and redevelopment. The objective of Clause 15.01 (Urban environment) aims to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity and subdivisions that are attractive, liveable, walkable, cyclable, diverse and are sustainable neighbourhoods. Clause 15.02 Sustainable development seeks to achieve energy and resource efficiency in development proposals and encourages development that is consistent with the efficient use of energy and the minimisation of greenhouse gases. Clause 16.01 Residential development has objectives which promote a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is both water and energy efficient. With respect to local provisions of the Planning Scheme, Clause 21.06 (Housing) and the referenced Bendigo Residential Development Strategy 2004 identifies the site as being within existing urban zoned land (being residential) hence policy support for some form of medium density development on this site exists. 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.

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Does the proposal represent an appropriate outcome with reference to Residential Character Policy and ResCode? The site is not subject to a specific overlay that relates to controlling built form (for example a Heritage or Neighbourhood Character Overlay). Character remains an important consideration being the first objective and standard of ResCode. The City’s Residential Character Policy further guides consideration of the appropriateness or otherwise of a new development’s response to character. The site is within the Eaglehawk Residential Character Precinct 4 which the policy describes as: ‘This precinct contains housing mainly built since the 1950s that constitute the ‘outer suburbs' of Eaglehawk. Consistency of setbacks within street scapes is important, as are roof shapes, because they can be dominant in streetscapes and provide a consistent theme. The horizontal emphasis of the dwelling form is also important, resulting from the long, low elevations of the buildings in relation to their height. Mature vegetation in private yards and public reserves often provides a backdrop.’ The statement of desired future character is that the ‘The consistency of siting and horizontality of the dwellings will be maintained’. The desired future character is to be achieved by the following objectives and design responses: Objective

Design Responses

To maintain and strengthen the garden Prepare a landscape plan to accompany settings of the dwellings. all applications for new dwellings. Retain large, established trees and provide for the planting of new trees wherever possible. Comment: A landscape concept plan was submitted with the application; however a more detailed plan prepared by a suitably qualified landscape architect is required as part of the proposed permit conditions. The configuration and width of the common property means that landscaping opportunities existing against the fence in common property which will soften the appearance of the common property. Large established trees on site are proposed to be removed. This aspect of the proposal was also the subject of neighbour objections. In the consultation meeting, it was agreed that the applicant would engage an arborist who would assess the viability of retention of the trees based on the submitted plans. The arborist concluded that the trees are already compromised and in the case of two should be immediately removed. Based on the arborist report, the retention of the existing trees are not viable. Semi-mature trees are proposed to be incorporated into the landscape plan. To maintain the consistency, where The front setback should be not less than present, of building front setbacks. the average setback of the adjoining two dwellings. Comment: This is not applicable as the setback of the existing Victorian dwelling remains unchanged as it is being retained within the development.

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Objective

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Design Responses

To reflect the rhythm of dwelling Buildings should be setback 2 metres from spacing. at least one side boundary. Comment: All proposed dwellings are between 1.09 and 1.2 metres from the western boundary. On the opposite side boundary is the proposed common property with some landscaping opportunities incorporated which results in a reasonable building setback. To ensure that buildings and Respect the predominant building height in extensions do not dominate the the street and nearby properties. Where streetscape. there is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height. Use low pitched roof forms. Comment: Two of the five dwellings proposed are two storeys (Lots 5 and 6). These dwellings are at the rear of the site where the natural ground level is approximately 1.5 metres lower than the Nelson Street frontage of the lot. The location of the two storey dwellings meets the preferred design response as they will not be dominant in the streetscape. To use building materials and finishes In streetscapes where weatherboard that complements the dominant predominates use timber or other nonpattern within the streetscape. masonry cladding materials, where possible, and render, paint or bag brick surfaces. Comment: Dwelling materials vary in the streetscape. Hebel panel is proposed to be used on all dwellings, which is a lightweight material. Details of the colour of the material form part of the recommended conditions. To maintain the openness of the Provide open-style or low front fencing to a streetscape. maximum of 1.2 metres. Comment: A low open style front fence exists on the application site. The fence will be largely retained; however will need alteration for the creation of the common property and the new crossover to serve the existing dwelling. In addition to character, the proposal has also been assessed as being in general accordance with the majority of ResCode standards and objectives in terms of providing internal and external amenity consideration and complying siting. The proposed dwellings are considered appropriate in a character sense and complying areas of open space are provided for the existing and proposed dwellings. Has onsite parking and access been appropriately catered for? Clause 52.06 (Car parking) states that ‘Where two or more car parking spaces are provided for a dwelling, at least one space must be under cover’. In this case, each dwelling is provided with a single covered car space in the form of an attached garage. Two spaces are required for each dwelling owing to all proposing three bedrooms.

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The second space provided for each dwelling is in a ‘tandem’ location in front of each garage. In this scenario clause 52.06 states that ‘Where parking spaces are provided in tandem (one space behind the other) an additional 500 mm in length must be provided between each space’. In this case, each dwelling has between 4.9 and 6 metres of space in front of the garage for the tandem space. Four of the five dwellings do not provide sufficient space in front of the garage to meet the standard, hence a modified plan requirement will state that lots 2, 3, 4 & 6 need to have the tandem space increased in length to at 5.4 metres length. It is noted that the development provides two visitor spaces in common property, which is in excess of the planning scheme required one space per five dwellings. The City’s traffic engineer confirms that the common property and access to each of the dwellings and visitor parking spaces function in accordance with established standards. With five additional dwellings, the projected increase in movements per day is 50 and the City’s traffic engineer has not indicated that this increase will unreasonably impact the safe operation of the road network. Residents’ Objections The removal of established vegetation (that contributes to the character of the area) that could be retained. As has been noted, following the consultation meeting the applicant engaged an arborist to assess the viability of the existing trees on the site with a view of retention. Unfortunately the trees are unable to be retained and have been compromised by activity around them. Whilst the amenity the trees currently provide cannot be readily replaced, it is relevant that primary planning consent is not required to remove the trees. Semi-mature trees are proposed to be incorporated into the landscape scheme. Inaccurate notice of the application. An objector was inadvertently supplied with a superseded copy of the proposal from when the proposal sought to demolish the existing dwelling and construct seven dwellings which was subsequently amended to retain the existing dwelling and construct five dwellings. A set of the correct plans were subsequently provided to the objector to clarify exactly what had been applied for. Overdevelopment of the site resulting in loss of outlook. There is no single measure of ‘over development’ however the relevant ResCode standards that help determine if the levels of development are appropriate include Character, Site Coverage, Permeability, Walls on Boundaries and Private Open Space Objectives. The report has outlined how the character merits are met. With respect to site coverage, each lot is to have between 36 and 55% site coverage which is under the ResCode maximum of 60%. It follows that permeability is over the ResCode 20% minimum. With respect to walls on boundaries, no walls are proposed to be built on the existing boundary; two dwellings will have party walls. With no proposed wall on existing boundaries, the ResCode standard is met.

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Open space objectives are met with a reasonable level of open space retained for the existing dwelling and complying areas for the proposed dwellings. Number of units in the area. The Planning Scheme does not identify a saturation point for unit development. The capacity for a site to be developed is subject to the zoning and constraints and opportunities present on all sites. Each and every application received is subject to a site specific assessment against all ResCode and Character Policy and has regard to context in order to ensure planning scheme requirements are satisfactorily addressed. The closeness of the driveway to the existing boundary fence & noise impacts from vehicles accessing the site. There is no specific ResCode standard relating to how close a driveway can be to a fence. The applicant conceded that despite the absence of a standard that this was an issue and has agreed to set the driveway in from the fence by 1.5 metres. The applicant also agreed to erect a timber acoustic fence at the boundary in question (adjacent to the two visitor parking spaces) and plant semi mature trees in front of the timber fence to minimise noise impacts. Resource Implications Nil Conclusion The housing policy directions in the State Policy (Clauses 11.02 and 16.01) and the Municipal Strategic Statement of the Planning Scheme generally support medium density housing in appropriate locations such as this. This proposal has been assessed as representing an appropriate response to character and the site and the impacts of the proposal have been limited to reasonable levels which are what ResCode seeks to achieve. The proposal is recommended for approval. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Objections.

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RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the subdivision of land into six lots and construction of five dwellings at 42 Nelson Street, California Gully subject to the following conditions: 1.

MODIFIED PLAN REQUIRED Before the subdivision and development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Relocation of the driveway/turnaround area 1500mm further away from the boundary. (b) Include of a timber screening/acoustic fence on the boundary at the driveway/turnaround area. (c) Landscape plan in accordance with condition 2. (d) The tandem uncovered car spaces for lots 2, 3,4 & 6 increased in length to at least 5.4 metres in accordance with clause 52.06-8. (e) Full details of colours and materials in accordance with clause 22.13 (Eaglehawk Residential Character Policy Precinct 4).

2.

LANDSCAPE PLAN REQUIRED Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) Details of surface finishes of pathways and driveways (b) Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant (c) At least 6 semi mature planted trees in front of the timber screen/acoustic fence required by condition 1.

3.

DEMOLITION The existing Victorian era dwelling on the lot must be retained.

4.

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

5.

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.

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6.

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.

7.

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

8.

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

9.

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

10. 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 11. STORMWATER DETENTION Prior to the connection of any building to the responsible authority’s drainage system, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge Rate: Q10 =18.5 l/s

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12. STORMWATER QUALITY Before the use or development commences, the owner or applicant must provide a stormwater treatment system to achieve the “Best Practice Environmental Guidelines” storm water quality (Victorian Stormwater Committee, 1999) in accordance with plans and specifications to the satisfaction of the responsible authority. The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or in its immediate catchment. Such amount is assessed as $1540.00 or such amount applying at the time of payment. 13. DRAINAGE WORKS Prior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in conditions 9-11 above. 14. SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEM Prior to the issue of a Statement of Compliance, the applicant/owner must enter into an agreement under section 173 of the Planning & Environment Act 1987. Such agreement must covenant that: (a) The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction. (b) Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots. Each system must be completed prior to connection to the responsible authority’s drainage system. (c) The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority. (d) The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times. (e) The Owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system. 15. 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.

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16. VEHICLE CROSSINGS Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve. 17. 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. 18. 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. 19. 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. 20. FENCING OF SITE The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority. 21. 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. 22. 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. 23. 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.

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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. 24. 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. 25. POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act. (b) The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor. (c) The applicant shall where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a registered electrical contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System. (d) The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments that have been required. (e) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (f) Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules. 26. COLIBAN WATER (a) The applicant or owner is required to reach agreement with Coliban Water for the provision of reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets. PAGE 48


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(b) The applicant is to provide evidence to the satisfaction of Coliban Water

that existing private water pipes and sanitary drains do not cross the boundaries between lots. Where modifications to pipes or drains are required in order to satisfy this requirement, all work is to be carried out in accordance with AS3500 National Plumbing and Drainage Code of Australia and the relevant requirements of Coliban Water. Works to modify Coliban Water assets may only commence with prior approval by Coliban Water. (c) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region Water Corporation. (d) All proposed sewers must be located at least 1 metre from an existing or proposed structure/boundary. 27. EXPIRY OF THE PERMIT The permit will expire if: (a) the plan of subdivision is not certified within 2 years from the date of this permit; or (b) The registration of the subdivision is not completed within 5 years from the date of certification of the plan of subdivision. The responsible authority may extend these expiry periods if a request is made in writing before the permit expires, or within 3 months afterwards.

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

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Figure 2: Proposed site plan.

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Figure 3: Whole of development internal elevation.

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2.4 13 RECEPTION AVENUE, STRATHDALE 3550 - BUILDINGS AND WORKS ASSOCIATED WITH EXISTING BOWLING CLUB (ERECTION OF FOUR LIGHT POLES) Document Information Author

Frank Casimir – Statutory Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks planning permission to erect four light poles to allow for twilight bowls at the Bendigo Club located at 13 Reception Avenue, Strathdale. The application was initially to be reported to Council as one adjoining resident objected to the application. A consultation meeting was held with the objector, the applicant and their representative but the concerns raised by the objector could not be resolved. Further notification was required to be undertaken due to a number of properties not being originally notified. There will be no amenity impact on these properties due to the distance from the Bowling Green but there is a statutory obligation to notify them as they adjoin the site boundary of the Club. In this additional round of notification the opportunity was also taken to provide further details of the proposed works proposed in terms of the lighting poles. Two further objections were received as well as confirmation that the original objection still stands. In addition a letter was received which whilst not objecting made suggestions regarding the planting of trees. The key issue raised by this application is the potential for amenity impact with particular regard to light spillage and noise and disturbance from the playing of night bowls. This report recommends that the Greater Bendigo City Council issue a notice of decision to grant a permit for this application. Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support public wellbeing and economic success.

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Background Information The planning history on the site dates back to 1973 when a planning permit was first granted to the Bendigo Club for the purpose of establishing and operating club facilities. The operations of the Club under this permit caused considerable concerns to local residents and complaints to the Council led to action to seek Ministerial Consent to revoke the permit due to non-compliance. In 1984 the matter was referred to the Planning Appeals Board and an amended permit was issued. This permit included the playing of bowls. It was noted by the Appeals Board that the complaints were not related to the bowls club and primarily arose from the late night conduct of young people attending the premises. In 1978 a permit was approved to install two lighting poles to the bowling green to add to the two that were already in place. It would appear that these lights were never erected and operational. There is currently a single disused light pole on the site about 13m in height. In 1986 Council granted a further permit to operate and carry out activities as a private club, reception room and place of assembly. This permit also allowed for the playing of bowls. Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DP/608/2012 17 August 2012 The Bendigo Club Inc 13 Reception Avenue, STRATHDALE Residential 1 Zone Nil

Subject Site and Surrounds The site is located at 13 Reception Avenue, Strathdale. It is the location of the Bendigo Club which is an entertainment venue that combines lawn bowling facilities with dining, bar and gambling facilities. The site has an approximate total area of 1.2 hectares, has a hedge all around and is within a residential area. The Clubhouse is centrally located within the site and is surrounded by car parking. The Bowling Green is located toward the northern boundary of the site and abuts residential properties. There is limited provision for spectators at the Bowling Green.

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Figure 1: Location map showing subject site. Objectors’ properties marked with a red star. Blue star denotes the resident who has made comments.

Proposal The proposal is to erect four 15-metre high steel light poles to allow for twilight bowls playing. The poles are proposed to be installed one at each corner of the bowling green with their lights directed toward the centre of the bowling green. The proposal also seeks planning permission to use the bowling green up to 10.30pm three days a week. The existing planning permit already permits the use of the land as a private club including bowling until Midnight although practicalities of lack of daylight would obviously prevent bowling from being undertaken until this time. Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: Residential 1 Zone (clause 32.01) Decision Guidelines (clause 65) A planning permit required to undertake buildings and works in the Residential 1 Zone.

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Consultation/Communication Referrals There is no requirement under the Planning Scheme to refer an application of this kind to any referral authority. Public Notification The application was publicly advertised by way of the display of a notice on the site for 14 days and letters to adjoining and nearby owners and occupiers. As a result of advertising, three objections were received, with the grounds of objection being: The light poles will be visible from my property and will be unsightly (even when not lit) and it was requested their height be reduced to 8 metres or less. The lights will be visible from the objector’s property. Bowl playing should be restricted to no more than twice a week. Following the consultation meeting, further information was provided to the City and to the initial objector that demonstrates that the objector’s property will not be subject to light spill. However, the objection was maintained. The objections are discussed below. Planning Assessment The Residential 1 Zone gives no guidance as to what the criteria assessment is to be used for buildings and works. Therefore it is appropriate to refer to the General Decision Guidelines at Clause 65 of the Planning Scheme. The relevant considerations within this clause are: The orderly planning of the area. The effect on the amenity of the area. In the context of this application, noise and disturbance, light spill and visual impact are considered to be potential sources of adverse amenity impact on the nearby residents. The objector has raised these as concerns in their objection. Light spillage To address concerns about light spill, the applicant was required to provide a plan to demonstrate that no nearby residences would suffer loss of amenity due to light spill from the new light poles. This plan was forwarded to the original objector for their review and to seek expert advice on the plan if need be but the objector has maintained their objection.

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The plan clearly shows that no light will be emitted from beyond the boundaries of the site and a condition can be imposed to mandate this. The light globes on the poles will certainly be visible from a number of properties. This would mean that they would certainly be visible in the night sky. There is no evidence that the visibility of the lights would disturb sleep. Light spillage would not be sufficient grounds to reject the application. Noise and disturbance Bowling is currently undertaken up to 8:30pm in summer. The erection of the four new light poles would enable play to continue until 10:30pm for three days a week and a permit condition is proposed to restrict the operation of the lights for night bowls to three nights a week between 6:00pm and 10:30pm only. It is unlikely that the additional hours for which the Bowling Green would be used would reduce the level of the amenity in the area. The Club has stated that they will keep noise levels to a conversational level and Club members will police activities. In addition the current planning permit contains clearly enforceable conditions that provide for restrictions on noise levels emanating from the site. Visual impact The objector has also raised concerns about the visual impact of existing light poles and also about the unsightly effects of the new proposed light poles. The objector also undertook some research into lighting at other bowls clubs and found that some had lighting in the order of 8m to 10m in height. Officers did engage with the applicant to ascertain why the light poles needed to be 15m in height. This height is required so that the direction of the light is only on the Bowling Green and not on the surroundings. It is stated that lower poles of 8m would require the lighting to be directed in a manner that would impact on surrounding properties. There is some concern that four poles with a height of 15m will have an impact on visual amenity on the area. Street lighting poles are a similar feature in urban areas, albeit at a much lower height. In the context of this urban area the light poles are on balance deemed acceptable and unlikely to cause an unreasonable adverse visual impact on the amenity of the area. It is not thought necessary to provide additional landscaping to provide a buffer to adjoining properties. Conclusion This application requires an assessment of the needs of the Bendigo Club and their desire to provide an enhancement of their existing facilities for their members against the amenity concerns raised by local residents. Bowling is a recreational activity not known for causing detrimental amenity impacts and it is not unreasonable for a club to wish to undertake twilight bowls. That said, due consideration of residents’ concerns is required.

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The proposed erection of four light poles would have a minor impact on the visual amenity of the area due to their height. However although the poles are relatively high, they are of a modest, slim design and appearance. The fact that they would be used for lighting the Bowling Green for only three days a week would mean that floodlighting will not be a significant amenity concern. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Objection

RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for Buildings and works (Erection of four light poles) associated with existing bowling green at 13 Reception Avenue, Strathdale 3550 subject to the following conditions: 1.

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

2.

CONTROL OF LIGHT SPILL The lighting must be installed in accordance with the light spill plan prepared by Sylvania Lighting Australasia on 8 January 2012, so as to prevent any light spillage onto adjoining lands to the satisfaction of the responsible authority.

3.

LIGHTS OPERATION The lights must only be switched on for the purpose of bowls playing for three nights a week between the hours of 6:00pm and 10:30pm

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Light Spill Plan

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2.5 17 SPRING GULLY ROAD, QUARRY HILL 3550 - SUBDIVISION OF LAND INTO THREE LOTS, CONSTRUCTION OF TWO DWELLINGS AND NEW CARPORT FOR EXISTING DWELLING AND REMOVAL OF VEGETATION Document Information Author

Frank Casimir - Statutory Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks planning permission for a three-lot subdivision, construction of two dwellings and a carport and to remove vegetation at 17 Spring Gully Road, Quarry Hill. The application is before Council because it attracted objections from two adjoining residents. A consultation meeting was organised to discuss and address the objections but neither of the two objectors was able to attend and therefore, the meeting was not held. The main issues raised by this application are: The principle of residential development in this location. Its potential to reduce the level of amenity of the adjoining residents. Its impact on the neighbourhood character. Vegetation removal from the site. The site is within Bendigo’s urban growth boundary and is zoned for residential purposes. It is considered that the subdivision and development meets the requirements of the Planning Scheme and a permit should be granted. Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1. Built and Natural Environment Strategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support public wellbeing and economic success. Report Application No: Application Date:

DSD/358/2012 31 May 2012

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Applicant: Land: Zoning: Overlays:

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Penno Drafting & Design 17 Spring Gully Road, QUARRY HILL 3550 Residential 1 Zone Environmental Significance Overlay 1

Subject Site and Surrounds The site is located at 17 Spring Gully Road, Quarry Hill approximately 3 kilometres from the Bendigo town centre. It is developed with a single storey weatherboard dwelling constructed in the 1950s and is within a residential area. The site measures 897 square metres with the existing dwelling constructed toward the front lot boundary. It falls gently to its rear lot boundary along which runs a footpath and the Spring Gully Creek. The site has an existing 1.8-metre high and 1.6-metre high colorbond fence along the northern and southern lot boundaries respectively, a 1.2-metre timber fence to the front and a 0.9-metre high fence to the rear. The surrounding sites are developed essentially with dwellings of approximately the same era but of varied construction materials. Spring Gully Road is relatively wide and has footpaths on either side and also provides for on-street car parking. There are mature trees in its wide grassed nature strips. Along the heavily treed banks of Spring Gully Creek to the east, there is an existing footpath which makes this neighbourhood quite pedestrian-friendly. Apart from the proximity of the subject site to the Bendigo town centre, there are also a number of other existing community, sports and educational facilities (including the La Trobe University Bendigo Campus) in its vicinity.

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

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Proposal The proposal is as follows: To subdivide the subject site into three lots. To construct two, two-bedroom, single storey, brick veneer dwellings. To construct a carport in association with the existing dwelling. To remove a tree. The proposed lot sizes of the subdivision vary between 187 to 325 square metres. The largest lot would contain the existing dwelling and the two new dwellings would be constructed on the two resulting smaller lots. Access to the three newly-created lots is through a proposed new common property driveway. The existing dwelling on the site would be retained and the proposed two new dwellings would be constructed to its rear. They would be of brick veneer with tiled roof and would contain two bedrooms each. The proposed new single carport would also be constructed to the rear of the existing dwelling. The vegetation removal involves one tree at the rear of the site which has already been removed. The tree was removed prior to the application being submitted and therefore the origin, species or size of the tree is not known. Planning Controls - Greater Bendigo Planning Scheme This proposal requires a planning permit because the land is zoned Residential 1 Zone and is subject to the Environmental Significance Overlay Schedule 1. Clause 32.01 states that a permit is required to subdivide land and to construct two or more dwellings on a lot. The need for a permit is also triggered by Clause 42.01 Environmental Significance Overlay for the subdivision of the land and removal of vegetation. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework 11.05 Regional Planning and principles 15.01-1 Urban Design 15.01-5 Cultural identity 16.01-2 Location of residential development 16.01-4 Housing diversity Municipal Strategic Statement 21.02-2 Housing (Neighbourhood character) 21.05 Settlement 21.06 Housing Local Planning Policies 22.23 Spring Gully Residential Character Policy Other Provisions 32.01 Residential 1 Zone 42.01 Environmental Significance Overlay PAGE 64


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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 and no condition

North Central Catchment No objection subject to conditions. Management Authority Department of Sustainability and No objection and no condition of Environment Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising two objections were received from two adjoining residents. Their grounds of objection are summarized as: The plans are inaccurate. The developers have removed trees on the property leading to reduced privacy to our backyard. Overlooking/noise due to increased traffic/light spill. Development not in-keeping with neighbourhood character. Creation of visual bulk. The objections are discussed below.

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Planning Assessment Residential Development Principles The objective of Clause 11.05-4 (Regional planning strategies and principles) is to develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable. One of the strategies set to achieve this objective is to direct residential development to locations where utility, transport, commercial and social infrastructure and services are available or can be provided in the most efficient and sustainable manner. This is particularly relevant to this application because the site is within an established residential area and is close to existing facilities. The need to increase housing yield in established urban areas is set out at Clause 15.02-1. This clause encourages energy efficient subdivision design, consolidation of urban development and integration of land use and transport. This application meets these objectives. The site is connected to all basic services and is currently being under-utilised. The construction of two more dwellings on the site would contribute to the urban consolidation of this area. The need to appropriately locate residential development is set out at Clause 16.01-1. The objective of this clause is to promote a housing market that meets the community needs and one of the strategies set to achieve this objective is to increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations including under-utilised urban land. The proposal is located within an established urban area, close to a number of facilities and therefore, it meets this objective. The land is zoned Residential 1 Zone and is within the Bendigo Urban Growth Boundary and is therefore appropriate for higher density residential development. The proposal also meets the relevant clauses of the State Planning Policy Framework (SPPF) in respect to residential development. All essential local services and facilities are readily available to the site and this makes it an ideal site for higher density development. Neighbourhood Character The Planning Scheme provisions which relate to the need to protect neighbourhood character when considering applications are at Clauses 15.01-5 (Cultural Identity and Neighbourhood Character), 21.02-2 (Neighbourhood Character) and 22.23 (Spring Gully Residential Character Policy, (Spring Gully, Precinct 1)) and 55 (Rescode). Both objectors to this application have raised concerns about the potential that this application may have an adverse impact on the neighbourhood character. An assessment of the application against the objectives set out by the above clauses, shows that the application is generally consistent with them all. A strength of this application is that both new dwellings and the carport would be located to the rear of the existing dwelling which is proposed to be retained. Also, because of the site topography and that both dwellings would be single storey, the existing streetscape will not change significantly.

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The objectors’ view that this is a rural setting where character needs to be preserved, does not preclude the construction of the two new dwellings in that location. The site is zoned Residential 1 Zone and allows for higher density residential development. The statement of desired future character for this neighbourhood precinct is that the consistency of siting and horizontality of the dwellings, and the openness of the streetscape will be maintained. Given that both proposed new dwellings would be single storey and that the existing front and side setbacks would not significantly change, it is considered that the application is consistent with the statement of desired future character of this precinct. A detailed assessment of the proposal against the provisions of clause 22.23 is provided below. Objectives

Responses

To encourage consideration of the Prepare a landscape plan to accompany all landscape setting of new dwellings. applications for new dwellings. Comments: A landscaping plan detailing the type and quantity of plants to be planted will be requested which will then form of the permit. The landscaping plan would require a replacement tree. To minimise site disturbance and Buildings should be designed to follow the impact of the building on the contours of the site or step down the site. landscape. Comments: Both proposed dwellings have been designed so they step down the site. The existing topography of the site would not significantly change. To maintain the consistency, where The front setback should be not less than present, of building front setbacks. the average setback of the adjoining two dwellings. Comments: As the existing dwelling would be retained, the front setback will not change. To reflect the existing rhythm of Buildings should be setback 2 metres from dwelling spacing. at least one side boundary and preferably both. Comment: The proposed common property along the southern boundary would provide for a setback of at least 3 metres. To ensure that buildings and Respect the predominant building height in extensions do not dominate the the street and nearby properties. The streetscape. height of the dwelling at the front of the dwelling should match the typical single storey wall height.

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Objectives

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Responses

Comments: All proposed dwellings would be single storey and the height of the dwelling to be retained on site will not change. To maintain the openness of the Provide low or no front fences. Front fences streetscape. should not exceed 1.2 metres other than in exceptional circumstances. Comment: The site has an existing 1.2 metre high front timber fence which is proposed to be retained. The fence meets this design response. Amenity Impact The objectives that developments of this type must meet are at Clause 55 (Rescode) of the Planning Scheme. Overlooking is one of the main concerns of the objectors. The proposal includes a provision to extend the fence height to ensure full compliance with the overlooking standard in Rescode and it would be unreasonable to refuse the application on this basis. Concerns about noise from vehicular movements have also been raised. The proposal will only result in a small number of vehicular movements and light spill will be minimal. Such impacts are widely held to be an acceptable consequence of infill developments. The impact that the proposed dwellings would have on neighbouring views to the creek would be minimal due to the single storey nature of the dwellings. Tree Removal The City became aware that a tree has been removed at the rear of the site after the application was publicly advertised, when adjoining residents objected to the application. The applicant advised that the tree was removed by the owner of the property before the application was submitted for safety reasons because it was diseased and was dropping limbs. Neither the objector nor the applicant provided any evidence about the species and size of the tree. Nevertheless, a planning permit would have been required to remove any vegetation on that part of the site because under the Planning Scheme, it is subject to the Environmental Significance Overlay Schedule 1. The objective of the ESO1 which generally affects areas along creek lines is to reduce erosion, maintain vegetation and habitat and improve water quality. However, given that the tree that was removed was located on a residential site that has already been subject to development, it is considered that it did not contribute to the objectives of the ESO1. The applicant subsequently amended their application to include the removal of the tree. However, given that it is unknown whether or not the tree is native to Victoria, it is not possible to assess the offset requirement for its removal.

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Although the objector believes that the tree was native and that it contributed to their amenity, they did not provide any evidence regarding its size and species. Therefore, the extent to which the tree was contributing to the amenity of the area cannot be fully ascertained. Standard B13 of Rescode provides for the replacement of trees that have been removed immediately before an application is made. As the removal of this tree may have facilitated the development of the site, a landscaping plan to compensate for the removal of the tree is required. The proposal generally meets the standard requirements and meets the objective of Rescode in terms of neighbourhood character, site layout and building massing, amenity impacts, on-site amenity and facilities and the detailed design of the dwellings. Conclusion The site is in a good location for residential developments and is respectful of neighbourhood character. Furthermore, the amenity impact will be minimal. The concerns raised by the two adjoining residents have been satisfactorily addressed by the applicant through plans submitted with the application. As both dwellings would be located to the rear of the existing dwelling, the existing streetscape would remain fairly intact and so would the level of amenity of the locality. Therefore, this proposal is an appropriate development and is recommended for approval. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Objections RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit to subdivide land into three lots, construct two dwellings and a new carport associated with the existing dwelling and removal of vegetation at 17 Spring Gully Road, Quarry Hill subject to the following conditions:

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1.

MODIFIED PLAN REQUIRED Before the use and development start, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: An improved landscaping plan to detailing the number and type of plants to be planted on the site especially to compensate for the vegetation removal at the rear of the site.

2.

NO LAYOUT ALTERATION The use and development 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.

3.

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

4.

PUBLIC OPEN SPACE The applicant 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. The applicant must pay on demand to the City of Greater Bendigo, the City of Greater Bendigo’s reasonable costs and expenses to provide valuation for payment in lieu of open space.

5.

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

6.

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

7.

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

8.

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

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9.

FENCE TO BE CONSTRUCTED The fences as shown on the endorsed plans must be erected and maintained to the satisfaction of the responsible authority.

10.

NOISE LEVEL TO BE MINIMISED Potential sources of noises like air-conditioning equipment must be located so to minimise any adverse impact on any existing or proposed adjoining dwellings.

11.

LANDSCAPE PLAN 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.

ENGINEERING CONDITIONS: 12. DETAILED DRAINAGE Before the plan of subdivision is certified 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 direction of stormwater run off a point of discharge for each lot; independent drainage for each lot. 13. STORMWATER DETENTION Before the use or development is commenced, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the Responsible Authority. Or The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $2,000 or such amount applying at the time of payment. 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. Or

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The responsible authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $ 2,990.00 or such amount applying at the time of payment. 15. DRAINAGE WORKS Prior to the issue of the statement of compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in condition 11 above. SECTION 173 Should the applicant opt to install on-site stormwater detention or water quality treatment then, prior to the issue of statement of compliance, the applicant/owner must enter into an Agreement under Section 173 of the Planning and Environment Act 1987. Such Agreement must covenant that;  The on-site treatment system and/or detention system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction.  Each onsite-treatment system and/or detention system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots.  Each system must be completed prior to connection to the responsible authority’s drainage system.  The owner will maintain each on-site treatment system and/or detention system and not modify without prior written approval from the responsible authority.  The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times.  The Owner will pay for all costs associated with the construction and maintenance of each onsite treatment and detention system. 16. PUBLIC ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb & channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit. 17. CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with;  The Road Management Act 2004,  Road Management (Works and Infrastructure) Regulations 2005 and  Road Management (General) Regulations 2005

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with respect to any requirements to notify the Coordinating Authority and/or seek consent from the Coordinating Authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit. 18. VEHICULAR ACCESS TO THE PROPERTY Vehicle access to the said property must be via a properly constructed driveway, to the satisfaction of Council. A Works Within Road Reserve Permit must be obtained from Council’s Engineering Department. All vehicles to the common property must enter and exit the site in a forward direction. 19. UN-USED DRIVEWAY TO BE REMOVED Any unused driveway, laybacks are to be removed and barrier kerbs reinstated and the kerb reinstated. 20. EXIT ONTO THE STREET The minimum sight line for pedestrian safety, pursuant to AS/NZ 2890.1 – 2004 Fig 3.3, must be provided at circulation roadway exits onto the street. 21. POSITIONING OF GARBAGE AND RECYCLING BINS Council’s garbage and recycling trucks are unlikely to access common property and therefore garbage and recycling bins must be positioned for collection in front of the parent property and not to remain on the street for longer than necessary.

REFERRAL AUTHORITIES CONDITIONS: 22.

COLIBAN WATER. (a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

23.

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.

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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. Arrangements must be made through a Registered Electrical Contractor for compliance and Powercor Australia Ltd must be provided with a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System. The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required. Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. Any construction work must comply with the Officer of the Chief Electrical Inspector “No Go Zone” rules. 24.

TELSTRA The plan of subdivision submitted for certification must be referred to Telstra in accordance with section 8 of the Subdivision Act 1988.

25.

NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY (NCCMA) The finished floor level of the proposed units must be constructed a minimum of 300mm above the declared flood level.

26.

EXPIRY OF THE PERMIT This permit will expire 7 years from the date it is issued. All development and subdivision described in this permit must be completed before the expiry date. The responsible authority may extend this time limit if a request is made in writing before the permit expires or within three months afterwards.

NCCMA note 1: Flood levels for the 1% AEP probability (100 year ARI) have been declared for this area under the Water ACT 1989. The 1% flood level for the location described above is 234.28 metres AHD. NCCMA note 2: North Central Catchment Management Authority advises that a portion of the property may be subject to inundation from Spring Gully. However, it is recommended that a licensed surveyor be engaged to determine the exact effect of the applicable flood level on the property.

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2.6 40 HOPETOUN STREET, BENDIGO 3550 - 2 LOT SUBDIVISION OF LAND Document Information Author

Liz Commadeur, Subdivision Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks approval for a two lot subdivision of the land at 40 Hopetoun Street, Bendigo. Four neighbours have objected to the subdivision principally because of concerns about neighbourhood character, flooding and amenity issues. A consultation meeting was conducted, but the issues were not resolved. The site is within Bendigo’s urban growth boundary and is zoned for residential purposes. It is considered that the subdivision meets the requirements of the Planning Scheme and a permit should be granted. Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/21/2013 15 January 2013 D M McNamara 40 Hopetoun Street, BENDIGO 3550 Residential 1 Zone Partial Environmental Significance (Watercourse Protection) Heritage Overlay Schedule 2 Parking Overlay Schedule 1

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Overlay

Schedule

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Subject Site and Surrounds The subject site is located at the eastern end of Hopetoun Street, approximately 60 metres west of Back Creek. The site is generally rectangular in shape with an area of 996 square metres. A weatherboard dwelling constructed in 1900 is positioned in the front corner of the site. The garden is relatively large, comprising of mostly non-native trees and shrubs of varying sizes. Two large English Elm trees are located along the road reserve in front of the site. Two residential lots abut the site to the west, one to the east, while a long narrow residential lot abuts the southern boundary. Services, including reticulated water and sewerage, power, gas and telecommunications are currently connected to the site. The site is located within close proximity to the CBD, schools, and hospital and recreation facilities. Hopetoun Street is an historic area of Bendigo, as reflected by the Heritage Overlay on the land. Lot sizes along Hopetoun Street range from 200 square metres to 1,300 square metres. The types of housing in Hopetoun Street are older weatherboard dwellings with corrugated roofs, generally constructed in the early 1900’s. Well-kept cottage gardens tend to be small to medium. Established English Elms are located along both sides of the street.

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

Proposal The applicant seeks approval for a two lot subdivision of the site. It is proposed to subdivide the backyard off from the existing house to create a new vacant lot suitable for a dwelling. The area of Lot 1 will be 430 square metres, while Lot 2 will be 410 square metres. Both lots will gain access via common property which will run down the eastern boundary. All outbuildings located along the eastern boundary are to be removed to make way for the common property. The new vacant site will be fully serviced.

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Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone. The site is wholly affected by the Parking Overlay and Heritage Overlay controls. The Parking Overlay has limited effect on this application, but has the potential impact on any new future dwelling application. The site is partially affected by the Environmental Significance Overlay 1 (Watercourse Protection). A permit is required to subdivide land pursuant to the Residential 1 Zone, Heritage Overlay and Environmental Significance Overlay controls. The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application: State Planning Policy Framework: Regional development (clause 11.05). Soil degradation (clause 13.03). Urban environment (clause 15.01). Sustainable development (clause 15.02). Heritage (clause 15.03). Integrated transport (clause 18.01). Movement networks (clause 18.02). Municipal Strategic Statement: Municipal profile (clause 21.01). Key issues and influences (clause 21.02). Vision - strategic framework (clause 21.03). Strategic directions (clause 21.04). Settlement (clause 21.05). Housing (clause 21.06). Environment (clause 21.08). Infrastructure (clause 21.09). Reference documents (clause 21.10). Local Planning Policies: Heritage policy (clause 22.06) Central Bendigo Township residential character policy (clause 22.11). Other relevant provisions: Residential subdivision (clause 56) Decision guidelines (clause 65). Referral and notice provisions (clause 66). Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal:

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Referral

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Comment

North Central Catchment No objection subject to conditions Management Authority Heritage

No objection subject to conditions

Drainage

No objection subject to conditions

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising four objections were received, with the grounds of objection being: Proposed subdivision will compromise existing neighbourhood character. Proposed subdivision will compromise the existing heritage qualities of the area. Future development on Lot 2 will exacerbate existing flooding issues in the area. Future development on Lot 2 will cause amenity issues for abutting neighbours. The objections, which have not been resolved, are discussed below. Planning Assessment Neighbourhood Character The site is located within Precinct 1 of the Central Bendigo residential character policy. The precinct is described as: “An area which forms part of the inner ring of suburbs that exemplify the distinctive character of early Bendigo. Most of the housing is from Victorian, Edwardian and Inter-war periods, and much of it is weatherboard with picket fences creating a modest ‘cottage’ character, which lends an attractive consistency to the area. Most houses are closely spaced and close to the street, providing an intimate, pedestrian-friendly environment. The grid street pattern has adjusted to the alignment of two creeks, which are prominent features of the landscape. Much of the area has heritage significance”. The desired future character of the precinct is to maintain and strengthen the cottage feel and heritage qualities. Hopetoun Street generally reflects the description of this character policy. In particular, the eastern end of Hopetoun Street is a cul-de-sac, largely comprised of weatherboard Victorian dwellings, with iron roofs and small front setbacks and generous side setbacks. Most properties have picket fences, ranging in heights. Cottage type gardens along Hopetoun Street tend to be small to medium in size. Established English Elms are located on both road reserves along Hopetoun Street.

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It is proposed to subdivide the backyard off from the existing dwelling to create a new vacant lot suitable for a dwelling. It is also proposed to remove the existing outbuildings which are located along the eastern boundary to allow the creation of common property. The objectors are concerned that any future construction of a dwelling on Lot 2 will not respect the existing character of Hopetoun Street and nearby streets and therefore not in keeping with the purpose of Precinct 1 of the Central Bendigo residential character policy. In particular, the objectors stated that the applicant failed to submit building plans that showed how the built form of a new dwelling on Lot 2 would respect the character of the neighbourhood. In response, building plans are not required as this application is for subdivision only. Having regard to the site description and design response, it is considered that the proposed subdivision is in keeping with the neighbourhood character for the following reasons: The streetscape currently has a sense of spaciousness, with small front setbacks, generous side setbacks and picket fences. This sense of spaciousness will not be compromised as any future development on Lot 2 will be reasonably concealed behind the existing dwelling. The gardens in Hopetoun Street, including the site, are typically small to medium in size. The existing garden on the site and access way to the proposed common property will not be altered, thus causing little impact on the existing character of the street. Two English Elms located on the nature strip will not be affected by the subdivision. There is sufficient room to locate a car space/garage behind the existing dwelling on Lot 1. The proposed lots sizes of 430 and 410 square metres are generally in accordance with the size of the lots in the area. Separate planning approval will be required for the construction of a dwelling on Lot 2. This will provide an opportunity for residents in Hopetoun Street to consider how the built form of the proposed dwelling will accord with the existing neighbourhood character. Overall, the two lot subdivision proposed will respect the objectives of the Central Bendigo residential character policy and won’t detract from the character of the existing streetscape. Heritage Overlay The site is affected by the Heritage Overlay. The site is located within the Hopetoun Street Precinct, of which the existing dwelling is a contributory element. This dwelling is located in the north western corner of the site, which leaves ample space for further development at the rear of the site. The garage and shed, which have no heritage value, are to be removed. The objectors believe that the subdivision and subsequent development of Lot 2 will compromise the heritage integrity of the dwelling. In response, the City’s Heritage Adviser has considered that the removal of the garage and the shed and any further development on Lot 2 will not impact on the heritage qualities of the existing dwelling. PAGE 82


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Flooding The objectors are concerned that the site is in located within a flood way and that any future development on Lot 2 will exacerbate flooding for the surrounding neighbourhood. The application was referred to North Central Catchment Management Authority (NCCMA), who identified that there is an active flood path that traverses the site and neighbouring properties in the event of a 1 in 100 year flood event. NCCMA’s response has been based on newly released data through the Bendigo Urban Flood Study. In response to the latest data, NCCMA require a 5 metre wide easement along the eastern part of the site which will allow the passage of flood water through the site. NCCMA concluded that the location of the site and any future development on Lot 2 will not result in further flood risk. The City accepts that the site has an overland flow path running along the eastern boundary and is susceptible to minor flooding in a 1 in 100 year flood event. It is considered that flood issues on the site can be managed by the creation of a five metre wide floodway and drainage easement for the passage of floodwater and appropriate building height levels. Amenity Issues One objector believes that the future construction of a dwelling on Lot 2 will impact on the amenity and privacy of their property. There is potential for some overshadowing of the objector’s property at 38 Baxter Street in the morning, however, the overshadowing effect on this property for the balance of the day will be minimal. Any new dwelling will be required to comply with the overshadowing requirements of Rescode. Concerns of overlooking and the proposed scale and bulk of a future dwelling on Lot 2 have been identified by the objector. In response, the proposed subdivision will have minimal amenity impact on the abutting neighbour due to the level of separation between the properties. Even though there is a five metre easement on the eastern side of Lot 2, there is sufficient room to accommodate a dwelling which is able to be set back from the abutting neighbour at 38 Baxter Street. The objector’s property is generally well screened from the subject site, due to the size of the lots and the garden trees located near the common boundary. There are many ways that the scale and bulk of a proposed dwelling on Lot 2 can be addressed as part of any future dwelling construction. For instance, appropriate landscaping and the use of fence extensions along the common boundary can been used to ‘soften” the degree of visual bulk and further enhance privacy for the abutting neighbour. Rescode The application has been assessed as satisfactorily addressing the objectives and standards of ResCode as contained in Clause 56 of the Greater Bendigo Planning Scheme.

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Other Issues One objector is concerned that the application did not refer to potential areas of fill on the site, which maybe left over from the old gold-mining period. Any fill on the site will be properly identified as part of mandatory soil testing at the Building Permit stage and managed appropriately during the construction of a dwelling on Lot 2. Conclusion For the reasons above, it is considered that the proposed subdivision does comply with the Planning Scheme and a permit should be granted. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Copy of objections RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for a two lot subdivision at 40 Hopetoun Street Bendigo subject to the following conditions: 1.

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

2.

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

3.

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

4.

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

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5.

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

6.

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

7.

STORMWATER DETENTION Prior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable Discharge: Q5 = 2.7 l/s Or

The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $1000 or such amount applying at the time of payment. 8.

STORMWATER 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 (Victoria Stormwater Committee 1999) in accordance with plans and specifications to the satisfaction of the responsible authority. Or The responsible authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $750 or such amount applying at the time of payment.

9.

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

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10.

SECTION 173 AGREEMENT Should the applicant opt to install an on-site stormwater detention system or water quality treatment system then, prior to the issue of statement of compliance, the applicant/owner must enter into an agreement under section 173 of the Planning and Environment Act 1987. Such agreement must covenant that: (a) The system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction. (b) Each system must be constructed either prior to, or currently with, the construction of any building on the specified lots. (c) The system must be completed prior to connection to the responsible authority’s drainage system. (d) The owner will maintain each system and not modify without prior written approval from the responsible authority. (e) The owner shall allow duly authorised officers of the responsible authority to inspect the system at mutually agreed times. (f) The owner will pay for all costs associated with the construction and maintenance of the system.

11.

REMOVAL OF OUTBUILDINGS Prior to the issue of a statement of compliance, the owner/applicant must remove the outbuildings from the common property and Lot 2, to the satisfaction of the responsible authority.

12.

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

13.

NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY (a) Prior to certification a suitable restriction is to be placed on title which specifies the minimum floor level of any new dwelling(s) on Lot 2. The minimum floor level must be no lower than 300mm above the declared flood level i.e. no lower than 213.52 metres AHD. (b) Prior to certification, a floodway and drainage easement must be created on proposed lot 2 in favour of the City of Greater Bendigo. The easement must be registered on title and must extend a minimum of 5 metres from the eastern property boundary of Lot 2. No buildings are permitted within this area.

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14.

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.

15.

EXPIRY OF THE PERMIT The permit will expire if: (a) the plan of subdivision is not certified within 2 years from the date of this permit; or (b) The registration of the subdivision is not completed within 5 years from the date of certification of the plan of subdivision. The responsible authority may extend these expiry periods if a request is made in writing before the permit expires, or within 3 months afterwards.

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

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ACCESS TO LOTS (a) Access to the lots must be via a properly constructed driveway. (b) All vehicles must enter and exit the site in a forwards direction. NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY Flood levels for the 1 % AEP (100 year ARI) flood event have been declared for this area under provisions of the Water Act, 1989. The declared 1% AEP flood level for the location described above is 213.1 metres AHD at the southern property boundary down to 212.75 metres AHD at the northern property bound

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Attachment 1: Aerial view of site and surrounds.

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Attachment 2: Proposed plan of subdivision

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Attachment 3: Black arrow shows the overland flow path running through eastern side of the site.

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2.7 13 POPES ROAD, JUNORTOUN 3551 - 2 LOT SUBDIVISION Document Information Author

Liz Commadeur, Subdivision Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks the approval of a Development Plan and subsequent issue of a permit to subdivide the land at 13 Popes Road, Junortoun into 2 lots. One abutting neighbour has objected to the subdivision principally because of concerns relating to drainage issues. Central to an assessment of the application is the small size of both lots relative to the character of the neighbourhood where low density residential allotments predominate. It is considered that the proposed subdivision does not satisfy the requirement of the Development Plan Overlay 4 which requires that subdivisions respect neighbourhood character and that lots are a minimum of 1 hectare. This report recommends that Council oppose the subdivision on neighbourhood character grounds, and that no permit be granted. Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/778/2012 15 October 2012 Colin M Nankervis Consulting Engineers 13 Popes Road, JUNORTOUN 3551 Low Density Residential Zone Development Plan Overlay 4 Vegetation Protection Overlay 2

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Subject Site and Surrounds The site is located within a low density residential area on the western side of Popes Road in Junortoun. The site is comprised of two land parcels that are in the same ownership. One lot has an area of 1,074 square metres, while the larger lot has an area of 5,621 square metres. A dwelling and associated outbuildings are located on the south eastern part of the site. A medium sized dam is situated in the north eastern part of the site. A few medium to large native trees are scattered across the rear of the site, with a small number located around the perimeter of the dam. There are a number of native trees scattered along the road reserve. A 1.83 metre wide drainage easement runs along the western boundary of the site Neighbouring dwellings abut the site to the north and south, while a larger low density residential property abuts the site to the west. The lots to the north and south are comparatively small in comparison to all others in Popes Road. For instance, the area of the first four properties along the western side of Popes Road ranges between 0.19 ha and 0.6 ha. Research into these smaller lots shows that they were created prior to 1970 when planning controls were considerably different. 24 Popes Road is a shed for the local CFA brigade. In contrast, the area of lots to the east and further north along Popes Road has a minimum size of one hectare. McIvor Park Road intersects into Popes Road opposite the site. The site is located approximately 2.5 kilometres from the Junortoun Post Office/General Store and 8.5 kilometres from the Bendigo CBD. Local facilities include a Catholic secondary school and recreation reserves. A bus service to and from the CBD is available on nearby McIvor Highway.

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

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Proposal The applicant seeks approval of a Development Plan to subdivide the land into 2 lots, with Lot 1 being 2,796 square metres and Lot 2 being 4001 square metres. It is proposed to re-subdivide a piece of land off from the existing dwelling to create a new vacant lot suitable for a dwelling in a low density residential setting. Lot 1 will have a 41.47 metre frontage to Popes Road, while Lot 2 will have a 43.85 metre frontage to Popes Road. A dwelling and associated outbuildings and wastewater system will be retained on Lot 1. Both lots will be accessed from Popes Road. Planning Controls - Greater Bendigo Planning Scheme The site is in the Low Density Residential Zone and is wholly affected by the Development Plan Overlay 4 (minimum lot size of 1 hectare) and Vegetation Protection Overlay 2 controls. A permit is required to subdivide land pursuant to the Low Density Residential Zone. A permit must not be granted to subdivide land, until a development plan has been prepared to the satisfaction of the responsible authority. The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application: State Planning Policy Framework: Regional development (clause 11.05). Floodplains (clause 13.02). Soil degradation (clause 13.03). Urban environment (clause 15.01). Sustainable development (clause 15.02). Integrated transport (clause 18.01). Movement networks (clause 18.02). Municipal Strategic Statement: Municipal profile (clause 21.01). Key issues and influences (clause 21.02). Vision - strategic framework (clause 21.03). Strategic directions (clause 21.04). Settlement (clause 21.05). Housing (clause 21.06). Environment (clause 21.08). Infrastructure (clause 21.09). Reference documents (clause 21.10). Local Planning Policies: Salinity and erosion risk policy (clause 22.04). Other relevant provisions: Decision guidelines (clause 65). Referral and notice provisions (clause 66).

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Consultation/Communication Referrals The following internal departments have been consulted on the proposal: Referral

Comment

Environmental Health

No objection subject to the inclusion of a notation on the permit

Drainage

No objection subject to conditions

Public Notification The application was informally advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. One submission was received, with the grounds of objection being: The impact of the discharge stormwater drainage onto the abutting neighbour’s property. The submission is discussed below. Planning Assessment Development Plan Overlay 4. The site is affected by the Development Plan Overlay 4 (Low Density Residential Zone – Density Management Area). The DPO requires that lots in this area are to be at least one hectare in area. Lots under the minimum lot size of one hectare may be allowed if it can be demonstrated that: (1) the proposed lot size is compatible with the general character of the area, (2) the lots can be appropriately serviced and (3) remnant vegetation can be retained. Both proposed lots will be less than 1 hectare, thus it is necessary to have regard to these three points. Neighbourhood Character Popes Road is comprised of lots that range in area from 0.02 ha to 1.2 ha in a semi-rural setting. The lots on the west side of Popes Road tend to be smaller than those on the eastern side and further north. The frontages of the lots at 19 and 23 Popes Road, being approximately 20 metres, are narrow in comparison to all other lots in the area. The dwellings on these lots tend to be small to medium with evolving gardens. The lots located on the west side and further north on Popes Road, which have been developed, are characterised by medium to large dwellings and generally have large frontages. It is considered that the proposed subdivision is not in keeping with the neighbourhood character for the following reasons: The size of both lots, being 0.28 ha and 0.40 ha, are considerably smaller than the one hectare minimum in this area. PAGE 95


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Any future development on Lot 2 could potentially create a separation of only 15-20 metres from the existing dwelling on Lot 1 and the same distance from the dwelling at No.19 Popes Road, which will detract from the current “semi-rural” setting of the road. The proposed subdivision will compromise the “semi-rural” setting of Popes Road. Reticulated Services All reticulated services with the exception of sewerage and gas are able to be connected to the site. The existing dwelling is reliant on a septic tank system for the management of wastewater. The application was referred to the City’s Environmental Health Officer regarding the retention of wastewater within the boundaries of the proposed lots. The EHO concurred with the conclusion stated in the submitted Land Capability Assessment that both proposed lots were capable of retaining wastewater within the lot boundaries. In planning terms, it may be argued that the proposed lots, being less than half the area required by the DPO should not be reliant on septic systems to manage wastewater. If the site had been connected to reticulated sewerage, the possibility of creating smaller lots may have been considered. Vegetation The site is affected by the Vegetation Protection Overlay 2 (Significant Vegetation). A few medium to large native trees are scattered across the rear of the site, with a small number located around the perimeter of the dam. There are a number of native trees located along the Popes Land road reserve. There is to be no removal of vegetation as part of this application. Drainage The site has a 1.83 metre wide drainage easement which runs down the west boundary and extends through a neighbouring property through to the McIvor Highway road reserve. The legal point of discharge from the site drains along this drainage easement. The abutting neighbour is concerned that stormwater and wastewater from the proposed lots will be directed onto the objector’s property. The existing contours on the site provides adequate slope to divert stormwater from the site to the drainage easement. It is considered that any overland flow onto the objector’s property, may well be from the properties north of the site, rather than from this site. It appears that the drainage problem is a civil matter and may well be rectified by the objector meeting with the owners of these lots to the north to negotiate a better outcome. Wastewater from the site is required to be retained within the boundary of each lot.

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Conclusion It is considered that the application to subdivide land into two lots at 13 Popes Road, Junortoun should not be supported on the grounds that the proposed size of Lot 1 and Lot 2 do not meet the minimum lot size of one hectare and subsequently do not meet the requirements of the Development Plan Overlay 4 or accord with the character of the neighbourhood. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Objection RECOMMENDATION Greater Bendigo City Council resolves to not approve a Development Plan and to issue a Refusal to Grant a Permit for a two lot subdivision at 13 Popes Road, Junortoun for the following reason: 1. The subdivision is not in keeping with the neighbourhood character due to the small size of Lot 1 and Lot 2 and in this regard it is contrary to the requirement of the Development Plan Overlay 4.

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Attachment 1: Aerial view of surrounding area

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Attachment 2: Broad view of surrounding area

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Attachment 3: Proposed plan of subdivision

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2.8 PARKING IN THE VIEW STREET PRECINCT Document Information Author

Brett Martini, Manager Engineering and Public Space

Responsible Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose The purpose of the report is to inform Council of the findings of the parking assessment study completed for the View Street precinct in accordance with previous Council resolutions. The report recommends a number of low cost options that would improve the parking in the precinct. Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2009–2013 (updated 2012) Built and Natural Environment Strategy 1.12

Develop a sustainable integrated transport network.

Background Information Concern over parking has existed for some time in the View Street precinct. In particular adequacy of parking around the Catholic College Bendigo(CCB) has been debated for some time with a study occurring in 2009. At the Council meeting on the 4 July 2012, a motion was passed that a report be prepared within two meetings responding to a petition regarding parking at the Dr Harry Little Preschool (DHLP). At the Council meeting on the 4 September 2012, a motion was passed that included creating an additional three parking spaces in View Street and continuing to engage in discussion with DHLP for preparation of the parking precinct plan. More recently parking to service DHLP and the impact of the success of the Bendigo Corner Store Café (BCSC) at the View Street / Langston Street intersection have been brought to Council’s attention. In October 2012 it was determined that a further parking study would be undertaken to consider the issues around the three major parking generators, DHLP, CCB and the BCSC.

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Ian Holmes from TrafficWorks was engaged to prepare a Parking Study Report. Mr Holmes had previously prepared the Parking Study Report for CCB in 2009 and was therefore familiar with the issues around CCB and the area. Mr Holmes met with DHLP, CCB and the BCSC to determine operating times and peak uses. Based on this information parking survey times were established and included morning and pm peaks around DHLP and CCB and the lunch time peak at the BCSC. Given the short term parking demand in the area data was collected in 5 minute intervals around DHLP and CCB including information on the length of stay. Parking data was collected at 15min intervals at the cafĂŠ. Report Generally parking rates up to 80% utilisation are considered satisfactory. Above this level, motorists become frustrated and often circulate around the area until a park is available. On this basis, it was found that there was adequate parking in the precinct, however there are localised areas where the occupancy exceeds 80% for very short periods (10min). DHLP Parking on the south western side of View Street between Barnard St and the bus stop exceeded the 80% occupancy level around the 9am and 3pm periods. This area includes 7 unrestricted parking spaces between Barnard St and DHLP, 6 90min spaces in front of DHLP and 3 unrestricted spaces between DHLP and the bus stop. At both 9am and 3pm there were empty parking spaces on the south-west side of View St within 90 to 160m of the gate to DHLP. Whilst the parking supply would appear to meet the demand most of the time there are opportunities to improve it at DHLP during the peak times. Most of the unrestricted spaces between Barnard St and DHLP operate as short term parking with high turnover and short parking times (max 14min). Placing time restrictions on 3 of the 7 spaces closest to DHLP (three additional spaces were created in this area in 2012) would ensure the availability of spaces for drop off and pick up of students and it would bring the parking restrictions in line with current use. The three unrestricted spaces between DHLP and the bus stop were generally occupied by all-day parking associated with CCB. Allocating 2 of the 3 bays to time restricted parking would increase the availability of parking for pick up and drop off at DHLP. This would result in people seeking all day parking utilising the bays north of the bus stop however this would have minimal impact on CCB staff. Whilst the surveys indicated that actual short term parking was not longer than 15min, DHLP have indicated that a minimum time restriction should be 30min to allow enough time to enable parents to pick up and drop off children. Changing the 6 spaces directly in front of DHLP to 30min would bring the time restrictions closer to the actual use of the spaces and would continue to encourage turnover of the spaces closest to the entrance to DHLP without impacting on residential parking.

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The parking surveys also indicated that the staff parking provided onsite is poorly defined and underutilised. Improvements and encouragement of staff to utilise these spaces would improve the availability of all day spaces for CCB staff and residents surrounding DHLP. More substantive changes to parking in View Street by changing the parallel parking to angle parking (either with the current kerb alignment or with indented parking) are not justified at this time. Should further short term parking be required for DHLP, changes to the bus stop location and further time restrictions for parking on the south western side of View Street should first be considered. BCSC Parking close to the BCSC peaked at 11.45am. While all the parking within 50m was fully utilised, parking within 100m was only 64% full. Given that the parking stays are much longer associated with this business, this distance is not considered unreasonable. Again there are some simple improvements that can be undertaken to improve the parking in the area. The post box is currently next to a No Standing zone at the BCSC and a high level of illegal parking to access the post box was observed. Relocating it to another corner of the intersection would allow users of the post box the opportunity to park legally in close proximity to the post box and would also move this parking demand away from the BCSC. Installation of “No Standing� signs and line marking of bays in the vicinity of the BCSC would better define the required no standing length in the vicinity of intersections and adjacent to driveways improving access and safety at these locations. CCB Following the report prepared for CCB, City of Greater Bendigo has undertaken a number of changes to parking including changes to time restrictions, signage and line marking. The report identifies that parking within 100m of entrances to CCB reach a maximum occupancy of 74%. Whilst some further opportunities to improve parking are identified, these are not considered to be warranted at this time based on the utilisation. Resource Implications The actions recommended for implementation can be accommodated within the current traffic management budget. Conclusion The parking study and report undertaken by TrafficWorks has identified that parking utilisation in the area of DHLP during peak periods was at a higher than generally acceptable level. A number of changes to parking restrictions on the south west side of View Street (being the closest to DHLP) are recommended to ease this pressure. Principally the time restrictions on a number of all-day spaces and better utilisation of onsite parking will improve the supply of short term parking within close proximity of DHLP.

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Relocation of the post box and additional signage and line marking will improve the safety and parking around the BCSC. Attachments 1. View Street Precinct, Barnard Street to Stevenson Street, Bendigo - Parking Study Report. 2. Catholic College Bendigo, Coolock Campus, Barkly Street, Bendigo - Parking Strategy Report, April 2009. RECOMMENDATION After consideration of the View Street Precinct and Catholic College Parking Study Reports, it is recommended that Council: 1. Undertake the following parking improvements: a) Change 3 parking bays on the south-west side of View St between Barnard St and the DHLP gate from unrestricted to 30 minutes. b) Change the 6 parking bays in front of DHLP to 30 minutes. c) Change 2 parking bays on the south-west side of View Street between DHLP and the bus stop from unrestricted to 30 minutes. d) Encourage DHLP to formalise the on-site parking and encourage staff to use this parking. e) Relocate the post box away from high demand parking areas at the BCSC. f)

Install no standing signs and linemarking parking bays near intersections and driveways near the BCSC.

2. Notify the DHLP, CCB, BCSC and residents in the area of Council's decision

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2.9 CLOSURE OF UNUSED ROAD RESERVE OFF MORRIS STREET, HEATHCOTE Document Information Author

Brett Martini, Manager Engineering and Public Space

Responsible Director

Darren Fuzzard, Presentation and Assets

Summary/Purpose This report considers a request to close an unused road reserve off Morris Street, Heathcote and recommends that the decision be deferred so that it may be considered in conjunction with an anticipated planning permit application for a new supermarket. Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2009–2013 (updated 2012) Economic Development Strategy 2.5

Continue to support the municipality's diverse business and rural sector.

Background Information A letter was received from Department of Sustainability and Environment (DSE) in June 2012 requesting consideration of closure and sale to adjoining landowners of the unmade road reserve off Morris Street between High and Wright Streets, Heathcote. The letter also requested any advice on easement requirements or other comments on the proposed sale. The road reserve is approximately 11m wide and 180m long and provides legal access to the rear of a number of properties. The request for closure and sale of the road reserve was submitted to enable the development of a supermarket across the site and encompassing 160-164 High Street. The proposed supermarket development would be subject to a future planning permit application.

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In considering a response to this letter, the impact on current and future drainage was identified as needing to be addressed. Currently, properties fronting High Street discharge stormwater to the rear of their property. As there is no constructed road to the rear and the adjoining property to the north is undeveloped, there is no formalised drainage for these properties. Should development of the vacant land on Wright Street occur, low cost drainage could be provided by way of an open table drain along the road reserve. If the road reserve was closed and sold to adjoining property owners and developed, drainage of a number of properties would need to be provided by underground drainage pipes. This would be significantly more expensive than the open drain option available via the road reserve. It was considered that the cost of the underground drainage pipes should therefore be borne by the owner of the road reserve at the time of development. However, the most appropriate time to include conditions for the underground drainage is at the time of sale of the land. A letter of response was provided to DSE in August 2012 supporting the road closure provided that conditions of sale included requirements of the owner of the former road reserve to create a drainage easement and install at their cost the underground drainage pipes to service a number of properties. Under this process, consultation with other interested parties would be undertaken by DSE. In December 2012, DSE requested that the road be closed by City of Greater Bendigo (CoGB) under the Local Government Act (the Act). As part of this process, a public notice was placed in the McIvor Times on 8 January 2013 and letters written to adjoining property owners. Under the Act, submissions were invited until 8 February 2013.

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Two submissions were received and the submitters requested to be heard in support of their submission. A committee of Council was appointed and heard the submissions on 11 April 2013. Submitters and the applicant also addressed Councillors on 1 May 2013.

The road reserve provides for rear access to a number of properties. The two submitters in regard to the closure both utilise the current road reserve as if it was part of their property. One submitter was granted approval by CoGB in 2008 to fence part of the road reserve adjoining their property subject to "the area being vacated and fencing removed within 60 days of being requested in writing to do so by the City of Greater Bendigo". The two submissions both objected to the closure of the road reserve but both requested that they be given the opportunity to acquire part of the road reserve should it be closed. At the committee meeting of Council the submitters outlined that they both gained rear access to their properties but currently do so via the adjoining vacant land rather than the road reserve itself. Development on the vacant land will prohibit access via the current arrangements and therefore the road reserve would become necessary for this purpose. Further information was provided by one of the submitters following the committee meeting which outlines the current arrangements and concerns regarding the proposed closure and sale.

Previous Council Decision(s) Date(s): Council Meeting 8 May, 2013 MOTION Moved Cr Leach, seconded Cr Lyons.

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That the matter be deferred for three (3) weeks to allow the parties to negotiate an outcome for further consideration by Council. CARRIED Report Under the current arrangements, the road reserve does not appear to be used by abutting landowners for rear access to their properties. The principle access for current properties is from High or Wright Streets (across the vacant land). However, development or even fencing of the Wright Street property will prohibit the current arrangements for access to the rear of 158 and 166 High Street. Should this occur, the role of the road reserve may change. If the road reserve was closed, the submitters have expressed an interest in purchasing part of the road reserve. Following closure, DSE would be solely responsible for the sale of the land. Should there be more than one adjoining owner interested in acquiring the land they would look to negotiate an agreement with all parties. If agreement could not be reached, DSE is likely to sell half of the road reserve to each of the adjoining property owners. If the road reserve was closed, to ensure orderly development of the site some conditions to of sale would be required. Drainage of the land would be addressed via the previous conditions of sale provided to DSE. The road reserve should be consolidated with the adjoining properties to ensure that road reserve is not on-sold as an individual property which would be inappropriate given the size and shape of the road reserve. No written confirmation has been received in regard to a change in position of any of the parties since the Council meeting on 8th May 2013 Consultation/Communication As part of the requirement of the process under the Local Government Act, public notice of the proposed closure and sale of the road reserve was placed in the McIvor Times. A letter was forwarded to adjoining property owners. Two submissions were received. Submitters presented to a committee of Council. Resource Implications The conditions of sale will protect the CoGB from future liability for underground drainage costs. Conclusion CoGB has undertaken the process of advertising the proposed closure of the road reserve in accordance with the Local Government Act. Two objections were received to the proposed closure and an opportunity was provided for the submitters and the applicant to address Council.

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The application for the road closure is fundamental to the proposed development of a supermarket on the site. The submissions have highlighted issues in regard to current and future rear access of properties fronting High Street. The desire by the submitters to be considered in any possible sale of the land also creates some additional issues in regard to what land will be sold to whom by DSE. If the road reserve was closed and sold to several parties, it would complicate the drainage of land and protection of CoGB for future drainage costs. The purpose of the closure and sale of the road reserve is principally to enable the development of a supermarket on the site. Closure and sale of the road reserve to multiple parties is unlikely to prohibit the use of the land for a supermarket. However, if the road reserve remains open, it is highly likely that the supermarket proposal would not proceed. As the road reserve closure and sale is key to the proposed development of the site, it is considered that the determination on the road closure be deferred until a planning permit application has been submitted and considered. A planning permit application can proceed under the current land tenure arrangements allowing the consideration of the closure and sale of the road reserve and planning permit application to be undertaken at the same time. This would enable all issues associated with the proposed development to be considered in a co-ordinated manner. Attachments Nil RECOMMENDATION That Council having considered the two submissions to the closure and sale of the road reserve off Morris Street between High and Wright Streets resolve to: 1. Defer a decision on the closure and sale until such time that a planning permit application has been submitted and determination is imminent. 2. Notify DSE of Council's decision. 3. Notify the submitters of Council decision.

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2.10 RESPONSE TO JOINT LETTER: REQUEST FOR SEALING OF CRUICKSHANK DRIVE, HUNTLY Document Information Author

Brett Martini, Manager Engineering and Public Space

Responsible Director

Darren Fuzzard, Presentation and Assets

Summary/Purpose The purpose of the report is to respond to the petition in regard to sealing of Cruickshank Road tabled at Council’s Ordinary Meeting on 8 May, 2013. Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2009–2013 (updated 2012) Built and Natural Environment Strategy 1.13 Maintain and enhance the effectiveness of existing roads. Background Information A joint letter has been received from eight (8) landowners in Cruikshank Drive Huntly/Bagshot, as outlined below: "There are 8 landowners who have been living along this road from as long as 1985. During the sale of these properties we were all advised, at different times, that once all properties had been sold and family dwellings occupied, Cruikshank Drive would be sealed. All properties have been sold and dwellings built at least 15 years ago. It remains to this day an unsealed, dry weather road only. The occupiers of Cruikshank Drive now feel that the council have run overtime with their pledge to seal the road. As young families now use this road more and more the need for the road to be sealed increases as safety levels dwindle along with the state of the road. We would like the council to seriously consider sealing this road based on the above points and the following factors: - Bus stop - the start of this road is a bus stop point for primary & secondary school children.

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- Dry weather road only - requires constant maintenance by the council to smooth out corrugations, pot holes and slippage following rain storms. - Poor driving conditions - increased danger for school children walking or riding to and from the bus stop while the road is in a parlous, slippery state (which is majority of time with a dangerous cocktail of gravel and corrugations). - Increased safety risk - the gravel road provides opportunity for non-residents fishtailing and hooning down the gravel road at excessive speeds, increasing the risk for school children and local residents. - Health issues - with increased traffic the amount of dust which generates into the homes has substantially increased over recent years. - Growing community in Huntly/Bagshot - the families in Cruikshank Drive have young, growing families with traffic usage increasing yearly. The residents of Cruikshank Drive look forward to hearing from you and your views in how we should further request as a group for Cruikshank Drive to be sealed". Signatures

-

12 (co-signed)

Previous Council Decision(s) Date(s): Council Meeting 8 May, 2013 MOTION Moved Cr Williams, Seconded Cr Cox. That Council: 1.

Not construct Cruickshank Drive at this time.

2.

Continue to maintain Cruickshank Drive as required.

3.

Reassess if a dry weather road only is suitable for an area with a substantial number of residents.

4.

Report back to Council as to the condition, categorisation of and any works required to be undertaken to bring the road to a reasonable standard by the time of our next meeting.

5.

Notify the author of the joint letter of Council's decision.

CARRIED

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Report Dwellings in Cruickshank Drive have been built between 1993 and 2007. Nine properties have access to Cruickshank Drive with six of these properties using Cruickshank Drive for access for access to their house. A search of City of Greater Bendigo records did not produce any documentation regarding a commitment to the sealing of the road. The current unsealed road has been inspected in both wet and dry conditions and is currently in a good condition having recently been graded. The current gravel road provides all-weather access to all properties. The road is currently listed on the maintenance program with a target grading frequency of 9 months. Since July, 2009 the road has been graded 6 times at an average frequency of 7 months.

As CoGB receives more requests for sealing than can be funded, a number of criteria have been established to prioritise these projects. These criteria include construction and maintenance costs, traffic volume, age of subdivision, density of development and distance from the road to houses (dust impact). Based on these criteria the sealing of Cruickshank Drive does not rate as highly as many other projects. There are currently 346 road construction projects identified, with Cruickshank Drive ranked as number 136. The estimated current cost to construct Cruickshank Drive is $365,000.

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Resource Implications The requested works are estimated to cost $365,000 and are not included in the draft 2013/14 budget.

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Conclusion Cruickshank Drive provides access for six homes and does so to an ‘all weather’ standard in its current gravel form. The maintenance effort required to achieve this is reasonable when compared with other roads that have this purpose. Accordingly, while the desire for the road to be sealed is appreciated, there are no significant factors evident that suggest its relative priority for sealing of 136 (in a current program of 346 projects) should alter. Attachments Nil RECOMMENDATION That Council, having considered the petition for the sealing of Cruickshank Drive, its current standard of construction, the cost to seal it and its relative priority for sealing: 1. Not provide funding for the construction and sealing of the road in the 2013/14 budget, 2. Continue to maintain the road as an all-weather gravel road, and 3. Inform the petitioners of the decision.

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3.

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ECONOMIC DEVELOPMENT

Nil.

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4.

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COMMUNITY AND CULTURE

4.1 GREATER BENDIGO GOLF STRATEGY Document Information Author

Kendyl Hopley Active Communities Project Officer

Responsible Director

Pauline Gordon, Director Community Wellbeing

Summary/Purpose The City of Greater Bendigo in conjunction with the Bendigo District Golf Association and Golf Victoria identified the need for a Golf Strategy to be undertaken to investigate the sustainability and viability of local clubs, increasing participation and exploration of Bendigo becoming a “golf tourism destination”. This report seeks council to formally receive the final draft of the Greater Bendigo Golf Strategy. Policy Context Council Plan Reference: Council Plan 2009 – 2013 (updated 2012) Strategy 1.7 – Develop and enhance public places, open spaces and recreation facilities to meet community needs. Strategy 1.11 Continue to implement initiatives to maintain and provide physical assets and infrastructure to meet community and organisational needs. Strategy 2.2 Promote Bendigo as a place to visit Strategy 3.3 Use meaningful and effective communication and engagement with all sectors of the community as an input to decision-making Strategy 3.9 Support and strengthen community resilience and build social capital Strategy 3.10 Encourage and facilitate opportunities for active and incidental sport and leisure activity for all ages and abilities. Strategy 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability

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Council Policy Reference (include web link as applicable): The City of Greater Bendigo has no direct policies relating to provisions of golf facilities. Most facilities are located on Crown Land leased directly to a club or are on freehold land owned by the club. As such, Council policies have limited ability to influence operations or future directions of these clubs. However, the City is in a good position to consider the findings of this report, particularly as part of any future planning. Regional Strategic Plan Reference: This report aligns to the priorities of both the Northern and Southern Regional Strategic Plans particularly in relation to strengthening regional communities. The Southern Regional Plan within which Bendigo is contained includes key initiative (2.21) to continue to invest in regional recreation infrastructure and programs to boost liveability and community connectedness. Background Information Golf across the City of Greater Bendigo has been experiencing hardships for a number of year’s now due to a decline in participation, ageing player demographic, increased operating and infrastructure costs and severe weather elements of drought and floods. In 2008 a proposal was presented to council to develop a Bendigo Golf Resort which incorporated residential and commercial components to be located at a site in Big Hill, adjacent to Belvoir Park Golf Club. At the time the proposal was not supported by Council due to the fact it did not meet the City of Greater Bendigo’s future planning strategy and the provision of service infrastructure was not capable of being supported without significant investment. Considering all the above aspects it was identified by the City of Greater Bendigo, Bendigo District Golf Association and Golf Victoria for the need to explore the sustainability and viability of local golf clubs, identify opportunities for increasing golf participation and further investigate the feasibility of Greater Bendigo becoming a premier golf tourism destination. In order to assist with the investigation the City was successful in obtaining funding from Sport and Recreation Victoria and the Victorian Golf Foundation of $15,000 each. The City of Greater Bendigo also contributed $15,000 to undertake the development of the strategy totalling $45,000. Simply Great Leisure Consulting Group Australia PTY LTD (SGL) was appointed via a competitive quotation process to develop the Greater Bendigo Golf Strategy. Previous Council Decision(s) Date(s): Council has not previously made any formal resolutions in relation to a golfing strategy for Bendigo. Council has resolved to provide a 2012/13 Community Grant to Quarry Hill Golf Club for the upgrade of an automatic irrigation system which would reduce volunteer workload. PAGE 117


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Report The City of Greater Bendigo has been approached by several golfing clubs for support and funding for a number years. Although Golf is a popular sport within the municipality it is experiencing a decline in participation, challenges with changing leisure patterns, ageing player demographic and the ongoing increase in operating and infrastructure costs. Drought and floods in 2010 and 2011 has also heavily impacted all nine golfing courses in Greater Bendigo. The objective of the strategy is to work towards a more sustainable golfing sector for the Bendigo Community by providing a strategy that has engagement and ownership from a wide range of stakeholders and also presents a shared vision, effective planning principles and implementable strategies and actions to guide future golf development in the Greater Bendigo region. The City of Greater Bendigo has a very limited involvement with controlling the future of golf and its associated facilities, programs and services due to the nature of golf clubs being semi private and independent. The City is delegated Committee of Management for Quarry Hill Golf Club but has leased this facility to that Club. Furthermore there is no requirement for golf clubs to be affiliated with Golf Victoria. It is evident from the report investigation findings and liaison with clubs over time that the City of Greater Bendigo needs to advocate in partnership with key associations and organisations to facilitate an outcome for an improved future of golf within Greater Bendigo. SGL consulting group undertook an extensive and thorough consulting process in order to develop the Greater Bendigo Golf Strategy. The process was completed in three interrelated stages; Stage one: Current situation Stage two: Options and opportunities Stage three: Future Greater Bendigo Golf Strategy Stage One: Current Situation As part of stage one investigation and research, all nine clubs were reviewed, interviewed and surveyed along with an on-site inspection conducted. A demographic analysis was also completed to identify existing and future population trends. Australian Golf is one of the largest sports within the sport and leisure industry however there has been a 1% reduction in rounds of golf since the 2010 census and a 2.9% reduction since the first census was undertaken in 2000. Industry research indicates that the decline in membership is due to changing demographics and an ageing society, alternative sporting opportunities available and only 24% of golf member’s being aged 44 years and under. Victoria golf member trends indicate 70% of golf clubs are in country areas with a total of 77,225 members (47% of Golf members in Victoria). Bendigo is the second largest city in regional Victoria and it is expected by 2031 the forecast population will reach 140,326.

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Importantly the City has experienced progressive residential development over the last century and a half. Residential development trends are important to consider when looking at where the nine golf courses are located within the City compared to current and likely future population expansion. As part of the overall key findings from investigations of stage one the following current issues and trends impacting the nine golf clubs identified are; The majority of clubs are experiencing membership decline Membership decline is impacting clubs viability Decreased membership and less course usage is resulting in revenue decline 7 clubs rely solely on volunteer help and management; this is not sustainable long term due to the increasing age of its volunteers Majority of member’s age is in the 55+ age group All clubs are underutilised and have capacity for increased usage Eight of the nine clubs operate within their financial means at present and make a small surplus or break even No clubs have accumulated savings for major upgrades or improved management Majority of clubs have issues with water availability and cost All clubs focus heavily on their competition days as opposed to increasing participation and memberships There is no driving range in Bendigo which impacts attracting beginner players and players who require practise facilities Stage two: Option and opportunities An objective of the project was to work towards a more sustainable golfing sector by providing a strategy that captures a wide range of stakeholders and also represents a shared vision for golf, effective planning principles and implementable strategies to guide future golf development. The potential Big Hill Scheme proposed in 2008 was planned to be designed to that of a championship level and was positioned to be the first inland golf course to provide a four hole short course, practise range and championship 18 hole course. The project was also designed to become a tourist destination incorporating an international hotel, apartments and conference facility. The project did not proceed due to the location being outside and not adjoining the City’s Urban Growth Boundary, not supported by the Residential Strategy and the provision of services and infrastructure not being supported in this location. Financially the proposed development was equally hard to support due to the wind up and sale of some existing golf clubs facilities to assist funding part of the development and difficulty agreeing to club mergers required to create a new club.

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A requirement as part of the brief for the consultants was to determine if there was justification for a championship golf course in Bendigo. As part of the stage one facility reviews and criteria from Golf Victoria, Golf Australia and the PGA it is indicated that no existing golf course in Bendigo would meet the championship requirements when assessed against the current course rating. It is also unlikely that any of the nine courses could be upgraded to meet the criteria in the future due to existing constraints surrounding the courses. There is strong interest from all golf parties that a destination golf resort would boost tourism in Bendigo; however the most successful model is that similar to the Big Hill Resort proposal. Ballarat, Barwon Heads, Torquay and Sandhurst have built major championship courses over the past ten years which have all included a mix of resort, hospitality, tourism and residential developments. In order to develop such a course approximately 200 hectares of land is required and similar developments have cost between $30 to $60 million dollars. These types of developments do not attract government funding so in order to fund such a project residential and hospitality subdivisions are critical to make the project financially achievable. If the City of Greater Bendigo were to consider a destination golf course it is recommended the best strategy would involve long term planning with council officers to actively investigate future residential and tourism zone areas suitable to attract a developer. It is possible that the growth corridor area such as Maiden Gully, Marong and Huntly could be options and future opportunities. The following key findings established from the nine golf courses as part of the stage two investigations are proposed to be used as a guide in the development of the strategic initiatives in order to move forward; There are 6 grass greens and 3 sand greens from the 9 courses in Bendigo. There is opportunity to categorise the two types of courses and look at strategies related to the type and quality of golf experience Urban Bendigo has 4 grass greens course and 1 sand scrape course Rural areas there are 2 sand scrape greens and 2 grass green courses Greater Bendigo has too many golf clubs for its population (11,200 people to I course compared to Regional Vic average of 1 course per 49,000 people) Interviews with clubs revealed no clubs are prepared to amalgamate or move from their home course. Clubs are still in recovery from the 10 year drought and have limited funds to improve facilities Golf Clubs memberships have been declining at 1.55% per year; the nine Bendigo courses have experienced a decline of 9% over the past 5 years.

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The older age population is the primary member at clubs with only 27.5% under the age of 50 year old. Membership fees range from $150 to 863 per annum Golf Courses are underutilised in terms of green fee players Green Fee charges in Bendigo are in low range compared to other regional Victorian golf courses Income other than membership fees and greens makes up 51% of total income on average for the nine clubs (ranging from 9% - 68%) The majority clubs break even annually however some are carrying large debts they are struggling to service Lack of surplus in most clubs operating budgets makes it hard for clubs to undertake upgrades or changes in their business and memberships. The study has also uncovered a number of future challenges and constraints for all the of the golf clubs in the Bendigo area including; - Servicing club debt - Meeting cash flow pressures as members’ payments are annual - Maintaining or increasing paid employees support - Meeting the annual increasing cost of course and facility maintenance - Ongoing access to needed water supply and associated rising costs - Residential developments adding new population but encroaching on open space - Ageing member and player demographics - Management of Volunteers - Upgrading of courses and facilities to meet member requirements Stage Three: Future Greater Bendigo Golf Strategy Arising from the strategy are a range of possible strategic actions which vary from doing nothing to closing some clubs and consolidate the remaining clubs or directly supporting a new destination course to stimulate tourism and investment. It is vital for the future of golf in Greater Bendigo that it is firstly understood there is no one body or organisation responsible for Golf in this area, placing the future of all nine golf clubs and its associated facilities, programs and services in a vulnerable position. The three principle project sponsors, The City of Greater Bendigo, Golf Victoria and Sport and Recreation Victoria have driven the project to date however they have no controlling rights to any clubs. Future action from the strategy will need to be carefully worked through with key local interest groups to ensure strategies are initiated and followed through.

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In order to deliver any strategic actions recommended from the report a Golf Strategy Working Group (GSWG) needs to be created. Without the development of the GSWG the recommendations from this report would solely rely on clubs to take up action themselves with the risk of creating an even greater divide between clubs who are more finically successful than others. There are a significant number of initiatives suggested in the report so it is important that the GSWG is set up to oversee the implementation of the strategies with set targets and objectives for clubs to meet with an agreed timeframe. The five key strategies recommended from the report are; 1. 2. 3. 4. 5.

Setting up common industry market user categories Getting more people to play and practise golf Sharing the cost of operating and administering clubs and courses Development of a golf “Destination/Tourism” Course Development of a Golf “Destination/Tourism” Area

Priority/Importance: The key recommendations presented in the Greater Bendigo Golf Report are a crucial starting point for the future of golf in the area. Once a working group is established they key recommendations can be actioned as a guide for ongoing planning and sustainable development of golf in Greater Bendigo. Options/Alternatives: The City of Greater Bendigo has limited ability to influence the operations or provision of golf facilities in Greater Bendigo. The City is able to take a number of approaches from no involvement to actively influencing Clubs futures. Given land ownership and Club status, the strategy recommends that the City support a Golf Strategy Working Group to form and implement the priority strategies and support facility improvements in line with the strategy. Timelines: July 2012 August/January February 2013 April 2013 May 2013

SGL Consulting appointed Stage One, Two and Three completed Draft Report presentation to Stakeholders Final draft report completed Council formally receive the Greater Bendigo Golf Strategy

Progress: The Golf Strategy is currently at draft stage following consultation with stakeholders, benchmarking and analysis.

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Risk Analysis: A successful future for Golf in Greater Bendigo relies heavily on recommendations being initiated from this strategy. If nothing is done the nine golf clubs face the market shaping them with clubs who are able to survive doing so and those that cannot ceasing business and disbanding. The development of a GSWG is vital for the success of the strategies being implemented, actioned and followed through. Without such a group to drive the project the future sustainability and viability of golf clubs in Greater Bendigo is at risk. Consultation/Communication This project has been led by the City of Greater Bendigo, Sport and Recreation Victoria and Golf Victoria. The project brief outlined that SGL Consulting were required to develop a strategic plan for the future development of golf in the Greater Bendigo area focusing on the sustainability and viability of local clubs, identified opportunities for growth and participation and investigation of a premier golf destination. Internal Consultation Active and Healthy Communities Strategy External Consultation Department of Planning and Community Development /Sport and Recreation Victoria Golf Victoria Bendigo District Golf Association (BDGA) – Men President BDGA - Women Heathcote Golf Club Axedale Golf Club Eaglehawk Golf Club Neangar Golf Club Quarry Hill Golf Club Belvoir Golf Club Elmore Golf Club Verve Projects Gap Dev. Corp Sport Focus Tourism Victoria & Bendigo Bendigo Academy of Sport Damien Drum – MP Northern Vic Region Maree Edwards - MP for Bendigo west Jacinta Allan – MP for Bendigo East Steve Gibbons – Federal Member Department of Sustainability and Environment Bendigo Jockey Club

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Resource Implications Budget Allocation in the Current Financial Year: $45,000 Previous Council Support: Nil External Funding Sources: $15,000 - Victorian Golf Foundation $15,000 – Sport and Recreation Victoria Current Estimate or Tender Price: SGL Consulting $37,851 (GST Inclusive) Any known or anticipated variance to budget: nil Projected costs for future financial years: Should the City wish to support capital improvements to any golf clubs a financial and or administrative contribution may be required. Any ongoing recurrent expenditure required: If Council agrees to form and support a Golf Strategy Working Group (GSWG) officers will be required to support the formation, planning and development of the group. Membership of the group should be reviewed after 12 months based on performance and success of the group. Conclusion The implementation of the Greater Bendigo Golf Strategy will be an opportunity for engagement and ownership from stakeholders towards a sustainable and viable local golfing sector. The Strategy outlines that there is an over provision of Clubs in Greater Bendigo and that they are financially stressed. The strategy outlines several key opportunities for a future working group to develop further and deliver to ensure that the future of golf in Greater Bendigo can overcome the current challenges and constraints currently facing the local clubs. The strategy does not support development of a destination golf facility at this point in time but outlines ways in which the City can support the private sector with such a development if desirable.

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Attachments 1.

Greater Bendigo Golf Strategy – Final Draft Report

RECOMMENDATION 1.

Formally receive the Final Draft Report of the Greater Bendigo Golf Strategy.

2.

Acknowledge the significant health, economic and social benefits golf brings to the City of Greater Bendigo.

3.

Support Golf Victoria to establish a Golf Strategy Working Group which includes an officer representative in an ex-officio capacity.

4.

Receive a further report after 12 months of the Working Group operating which outlines progress with key strategies and considers the City’s further involvement with the Working Group.

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4.2 DRAFT GREATER BENDIGO YOUTH STRATEGY Document Information Author

Suzie Mansell, Manager, Community Partnerships Kylie Emonson, Youth Development Coordinator

Responsible Director

Pauline Gordon, Director Community Wellbeing

Summary/Purpose This report seeks agreement from Council to release the draft Greater Bendigo Youth Development Strategy for public display. This will enable further discussion and engagement with the community and stakeholders about the strategy. The Strategy was developed based on extensive consultation and research. The Strategy provides future direction to influence youth development strategies, partnership work and resource allocation in the future. Policy Context Council Plan Reference: Council Plan 2009-2013 (updated 2012) Community and Culture Strategy 3.11 Plan for and support residents in each life stage: as children, young people, older people; and individuals and in family and social groups. 3.11.5 Complete and implement a Youth Strategy. Strategy Reference: Health and Wellbeing Strategy 2009-2013 http://www.bendigo.vic.gov.au/Municipal_Public_Health_and_Wellbeing_Plan_MPH WP Play Space Strategy 2008 http://www.bendigo.vic.gov.au/News/Publications/Documents_listing/Play_Space_ Strategy Open Space Strategy 2006 http://www.bendigo.vic.gov.au/News/Publications/Policies Road Safety Plan 2007 http://www.bendigo.vic.gov.au/News/Publications/Policies Council Policy Reference: Community Engagement Policy http://www.bendigo.vic.gov.au/News/Publications/Policies

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Background Information Young people make up approximately 20% of Greater Bendigo’s current population, with 18,629 residents aged between 12 - 25 years. Given Greater Bendigo’s existing growth rate of 1.66% is higher than the Victorian average of 1.4%, it is forecast that by the year 2031 the number of young people living in Greater Bendigo will increase to 24,457. A new Youth Development Strategy will inform how the CoGB provides targeted and meaningful opportunities for young people in the future. It will assist to identify opportunities to influence youth engagement, capacity building and partnerships to achieve better outcomes for young people in Greater Bendigo. The Strategy was developed in collaboration with young people, key stakeholders and consultant, Wendy Holland from community vibe. Two consultative groups were established to guide the strategy: A Project Steering Group with representatives from the City of Greater Bendigo, Bendigo Senior Secondary College, St Luke’s, Headspace and Bendigo TAFE and a Youth Reference Group comprising of 12 young people from the municipality. A Youth Reference group who assisted to develop and promote the youth survey, plan and run workshops. The Strategy was prepared in stages, firstly to establish the consultative groups, undertake a literature review, service mapping, stakeholder interviews and youth engagement. A discussion paper was developed based on the information gathered during the first phase and it was used to gather feedback from project and youth steering groups about actions and priorities. The next stage is to seek approval from Council to release the document for community feedback before it is finalised and adopted. On 20 February 2013 the key findings of the strategy were presented at a Council Forum. The presentation was delivered in conjunction with three young people from the Youth Steering Group. The young people presented on how they engaged and consulted with young people and the survey outcomes. Young people’s views, opinions, the opportunities and barriers experienced by young people in Greater Bendigo were discussed. Previous Council Decision(s) Date(s): At its Ordinary meeting on 2 June 2009, Council endorsed its previous Youth Development Strategy to go to public display for comment. On the 21 August 2009, Council adopted the report together with the recommended changes, direction and proposed actions following community consultation. Report The priority areas in the 2013 draft Youth Development Strategy are based on the key issues identified through the survey, literature review and other consultation undertaken over the last 12 months. A summary of key issues / findings is summarised below:

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The youth survey conducted as part of the strategy had the highest response rate to any survey conducted by the City of Greater Bendigo (2,278 completed surveys), demonstrating that young people want their voices heard and want to have a say about things that matter to them. Many young people living in Greater Bendigo feel that the community has a negative opinion of them (sometimes fuelled by negative media coverage) and don’t always feel that public spaces are welcoming of young people. Crime, safety and violence were identified as the number one issue of concern for young people living in Greater Bendigo. There are a number of public places around Bendigo where some young people do not feel safe. The high rate of Community Based Orders for young people who have committed some form of crime, is also a concern (2.4 per 1,000 young people in Bendigo compared with 1.5 per 1,000 young people in Victoria). Bullying, including cyber bullying, is the second most important issue for young people. 50.6% of young people in Greater Bendigo report that they have recently been bullied. The negative impact of drugs and alcohol worries a significant number of young people, particularly the effects of binge drinking. It was rated as the third most important issue. Encouragingly, the number of young people who smoke cigarettes is in a current period of decline. Greater Bendigo has a significantly higher number of teen pregnancies resulting in live births (19.4 per 1,000 teenage women), compared with other cities and towns within Victoria, (10.6 per 1,000 teenage women). The municipality also has a significantly higher number of sexually transmissible infections (5.7 per 1,000 adolescents) compared with other cities and towns within Victoria (1.7 per 1,000 adolescents). Only 13.2% of young people living in Greater Bendigo undertake the recommended amount of physical activity every day and only 17.4% eat the minimum recommended serves of fruit and vegetables every day. 72% of young people feel confident that they know where to get help if needed when experiencing problems with issues such as school work / homework, bullying, abuse, etc., but only 67.1% of young people have a trusted adult in their lives. Only 65.4% of young people feel that they can access mental health services if needed. The percentage of young people living in Greater Bendigo who attain Year 12 or equivalent by 19 years of age is significantly lower than the Victorian figure (68.5% compared with 79.8% respectively). For those who attain Year 12 or equivalent, tertiary study may not be an option due to costs associated with moving to other areas to study if suitable courses are not available locally, and due to the inadequate living allowance provided through Youth Allowance and Austudy.

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Life skills training, regarding money matters; legal rights regarding renting; and assistance with university and job applications is a core need for many young people. Although a high number of young people are driven to places, access to transport is a major issue for some young people. Particularly those living in outlying suburbs or communities, especially after hours and on weekends. The YO Bendigo website and associated facebook page are powerful information tools that link 2,400 young people in Greater Bendigo to youth related information and services. There is strong support for young people for the development of more free or low cost creative, cultural and sporting youth based events in Bendigo. Young people are concerned about the environment and sustainability. The catchment area served by City of Greater Bendigo for youth related activities such as events, sport, shopping and entertainment often extends to other locations in the Loddon Mallee region including Echuca, Kerang, Swan Hill, Wedderburn and Castlemaine. Priority/Importance: High The Youth Development Strategy will inform the CoGB’s ability to provide targeted and meaningful opportunities for young people in the future. It will help to identify opportunities to influence how future youth engagement and capacity building is undertaken. The strategy can inform how partnerships with other youth agencies and service providers from across the municipality are optimised to deliver on agreed priorities.

Timelines: Subject to Council endorsement, it is proposed to release the draft Strategy from 23 May to the 19 June 2013 and following this period the document will then be finalised taking into account any feedback received. The aim is to present the final draft to recommend that is adopted by Council in August 2013. Progress: Risk Analysis: The Youth Strategy Survey data results has raised significant interest with key stakeholders, community groups, schools and Government keen to utilise the data for planning and program development. Delays in its final adoption may result in lost opportunities for other service providers to utilise the information to attract funding in the lead up to federal and state elections. More importantly, young people within the Greater Bendigo will have their views considered in future planning and program development.

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Consultation/Communication The CoGB established a Youth Strategy Steering Group which included 12 young people aged from 12-24 years. Members contributed many hours to the Strategy through engagement and consultation with young people, facilitating workshops and encouraging young people based in schools to contribute to the Strategy. Consultation was completed between June and August 2012 and included: Relevant Council staff Community organisations, including: Heathcote Youth Group, Bendigo Student Association, Headspace, St Luke’s, Bendigo Senior Secondary College, Country Awareness Network, CentaCare, Access Employment, Youth Substance Abuse Service (YSAS), Bendigo TAFE, Bendigo Community Health Services, Department of Human Services (DHS) and Bendigo Health. Workshops were held at Heathcote Youth Group, There was significant advertising of the Youth Strategy Survey throughout YoBendigo, YoBendigo Facebook and Twitter accounts requesting young people to share the survey and begin discussion via social media. Resource Implications The total budget allocation from CoGB was $20,000 to fund the Youth Development Strategy. This budget allocation has been committed and will be fully expended in this financial year budget. Budget Allocation in the Current Financial Year: $10,000 Previous Council Support: $10,000 allocation in 2011/12 External Funding Sources: N/A Current Estimate or Tender Price: N/A Any known or anticipated variance to budget: No Projected costs for future financial years: None Any ongoing recurrent expenditure required: N/A at present due to Greater Bendigo Youth Strategy DRAFT status Conclusion The information contained in the Draft Greater Bendigo Youth Strategy has been obtained through an extensive literature review and analysis of key stakeholder interviews, 2,278 surveys and workshops with 150 young people. The strategy contains a comprehensive assessment of the needs, issues and aspiration of young people across Greater Bendigo. This will enable the City of Greater Bendigo to implement strategic actions identified within the Strategy in partnership with young people and various other youth based organisations over the next three years. Together we will create an even better community for our young people to live, study, work and participate and a safe and supportive environment in which they have the freedom to pursue their individual goals and dreams.

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Attachments Draft Youth Development Strategy Youth Strategy Survey Results RECOMMENDATION That Council: 1.

acknowledge the contribution of all the Youth and Project Steering groups to the development of the Strategy.

2.

that the Greater Bendigo City Council resolves to release the Draft Greater Bendigo Youth Strategy for public comment from the 23 May to the 19 June 2013.

3.

that the final draft of the Youth Development Strategy will be presented to Council for adoption in August 2013.

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4.3 PROGRESS ON THE IMPLEMENTATION OF THE VIOLENCE PREVENTION PLAN 2012-2015 Document Information Author

Lindy Wilson, Social Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose To inform Council of the progress to achieve objectives and actions within the Violence Prevention Plan 2012-2015. Policy Context Council Plan Reference: Council Plan 2009-2013 (Updated 2012): 3.7 Work collaboratively to promote community safety and healthy living 3.7.1 Implement the Violence Prevention Plan Background Information Council adopted the Violence Prevention Plan at its Ordinary Meeting on 15 August 2012. Since that time actions in the Plan have started to be implemented. The Greater Bendigo City Council’s policy position on violence prevention is that: Greater Bendigo City Council understands violence in any form is a serious and preventable health issue for the Greater Bendigo community and does not condone the use of violence in any form towards any member of the community. Working in partnership with the community and key service providers, we can create a municipality that is gender equitable, respectful and inclusive. We can do this as a role model and by raising community awareness, providing information, creating inclusive community settings, and fostering respectful attitudes and relationships. Previous Council Decision Dates: 15 August 2012 – Violence Prevention Plan adopted by Council 14 November 2012 – Position statement signed by Council

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Report The Violence Prevention Plan is the CoGB’s commitment to not condone, commit or remain silent about any form of violence in our community. The Plan is based on two objectives: Objective 1: The City of Greater Bendigo will develop a range of strategies in partnership with other organisations, networks and community members designed to increase awareness and community endorsement to prevent violence, and assist those affected by violence to find the services they require. This is an ‘outward looking’ objective designed to increase community knowledge and capacity to prevent violence. Objective 2: The City of Greater Bendigo will be a role model in the adoption of organisational strategies to reduce the risk of violence in the community and which increase staff awareness of services available to provide direct assistance for those affected. This is an ‘inward looking’ objective designed to increase the competency of City of Greater Bendigo staff to prevent, recognise and manage violence against others appropriately. To ensure the Plan complements the State Government’s ‘Preventing Violence against Women and their Children’ Plan, the action plan for the Violence Prevention Plan includes three key prevention strategies: 1. Changing attitudes and behaviours; 2. Fostering organisations, communities and cultures that are gender equitable and non-violent; and 3. Promoting respectful and gender equitable relationships between men and women, boys and girls. Reporting on the progress of implementation of adopted strategies and plans is an important component of the monitoring and evaluation of CoGB’s activities and achievements. To date key actions underway from the Violence Prevention Plan since its adoption include: New Council adopting and signing the ‘Achieving Respect and Gender Equality in Greater Bendigo’ position statement at its first ordinary meeting; Help cards are being developed that provide information on services to contact if people are experiencing family violence; Memorandum of Understanding has been signed between CoGB Bendigo and Women’s Health Loddon Mallee to roll out the ‘Take a Stand’ program to CoGB staff in 2013; A Prevention of Violence Workplace Policy has been drafted for CoGB; Violence Prevention Plan Internal Working Group will be developed to raise awareness of violence prevention and White Ribbon Day within CoGB; Chill Out Space continues to operate as an integral part of the Safe Transport Space; The Bendigo Safe Community Forum has received funding to develop a new Strategic Plan this calendar year; The Central Victorian Prevention of Violence against Women Cluster project is beginning to be implemented across CoGB, Mount Alexander and Macedon Ranges Shires;

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Gender Equity was considered in the development of the draft Council Plan 20132017; Maternal and Child Health Nurses receive training to handle disclosures of family violence; It has been identified that Child Care workers also need training to recognise and handle disclosures of family violence; and White Ribbon Day activities will continue to be supported. The Strategy Unit developed the Plan and monitors its implementation. The implementation of actions however, falls across a range of unit across the organisation. Risk Analysis: The CoGB plays an important role in promoting a respectful and gender equitable community. If the Plan is not implemented, there is a high risk of not achieving this. Also if resources are not allocated to actions within the Plan, there is a risk of actions not being implemented to their full extent or in some cases, not at all. Consultation/Communication Certain actions within the Violence Prevention Plan will require community consultation. The level and extent of consultation will vary depending on the action. Resource Implications In actioning the Violence Prevention Plan, the CoGB will continue to play many and varied roles. Some actions have and will require resource allocation through the annual budget process. Conclusion The Violence Prevention Plan is still in its first year of implementation. The progress to date has been substantial with some key actions completed or underway which reinstates the CoGB’s commitment to violence prevention in the community. RECOMMENDATION That the Greater Bendigo City Council resolve to endorse the progress on the implementation of the Violence Prevention Plan, in particular the agreement between City of Greater and Women's Health Loddon Mallee Women to implement the 'Take a Stand' program and the White Ribbon day activities.

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4.4 PROGRESS ON THE IMPLEMENTATION OF THE COMMUNITY ACCESS AND INCLUSION PLAN 2011 - 2014 Document Information Author

Lindy Wilson, Social Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose To inform Council of the progress against objectives and actions within the Community Access and Inclusion Plan 2011-2014. Policy Context Council has a statutory obligation under the Victorian Disability Act 2006 to prepare a Disability Access Plan and to also report on the implementation of this Plan in its Annual Report. Council Plan Reference: The Council Plan 2009-2013 (revised 2012) states that ‘reports on the implementation progress for adopted strategies are provided to Council on a half yearly basis’. Community and Culture 3.6 Address social disadvantage and discrimination 3.6.1 Implement the Community Access and Inclusion Plan Background Information Council adopted the Community Access and Inclusion Plan (the Plan) at its meeting on 25 May 2011. Since that time actions in the Plan have started to be implemented. Key Policy Statement for Community Access and Inclusion The actions and objectives within the Plan are underpinned by a range of principles that reflect Council’s values and commitment to enhance the quality of life for all people in Greater Bendigo. Social Inclusion – Council support the development of a community where all members feel valued and have an opportunity to participate in community life. Developing a community that is accessible and inclusive for all is a priority.

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Human Rights and Social Justice – Council recognises that each person must be respected and treated equally. The provision of equality must also be combined with social justice principles that can provide substantive equality to marginalised groups through a framework that recognises the structural barriers embedded in society that perpetuate systemic discrimination. Diversity – people with disabilities, their families and carers are not a homogenous group. Council will endeavour to reflect and consider the diverse range of needs, priorities and abilities within the community. Community Engagement – Council will continue to actively engage, consult and collaborate with people with disabilities, their families and carers as well as service providers to develop and deliver appropriate and relevant projects and services to the community. Previous Council Decision Dates: 25 May 2011- CAIP adopted by Council 2 May 2012 – Implementation Progress Report to Council Report The Plan is the City of Greater Bendigo’s (CoGB) commitment to continue to reduce the barriers for people with a disability. The Plan is based on four objectives: Reduce barriers to persons with a disability accessing goods, services and facilities; Reduce barriers to persons with a disability obtaining and maintaining employment; Promote inclusion and participation in the community of person with a disability; Achieve tangible changes in attitudes and practices which discriminate against persons with a disability. Reporting on the progress of implementation of adopted strategies and plans is an important component of the monitoring and evaluation of City of Greater Bendigo’s activities and achievements. Some of the key actions underway from the Community Access and Inclusion Plan since its adoption include: A Forum was held in 2012 for planners, builders and contractors on accessibility; Audits are continually being undertaken on CoGB buildings and facilities to ensure they are accessible and works are prioritised each year; All CoGB projects are reviewed in relation to extent and compliance of accessibility and requirements; Transport Connections Project (B-Line) is currently developing access maps for the locales of Kangaroo Flat, Heathcote and Eaglehawk, plus reviewing the existing Bendigo map. The Project has also developed picture bus timetables for the Eaglehawk to Bendigo and Kangaroo Flat to Bendigo routes. These are currently being evaluated. The Project has also continued to broadly promote the free Medical Companion Service;

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Transport Connections Project (B-Line) has undertaken an analysis of travel patterns of community members who are elderly or have disabilities, and that information has informed some future service provision planning for organisations such as Radius and Scope; An internal Project Management Manual is under development which will ensure accessibility is appropriately captured and considered at the relevant stages of all projects; ReadSpeaker has been implemented on the CoGB website to ensure accessibility; (ReadSpeaker is a text-to-speech technology) Funding (Council Budget) is being sought to review and expand the Bendigo CBD Wayfinding Strategy to ensure accessible signage; The new Howard Place public space and toilets (which incorporates the Safe Transport Space) are DDA compliant; HORIZONS website has been launched and CoGB placements are available on this website offering work experience opportunities within CoGB; Workplace behaviours training has been rolled out to new CoGB staff; An internal Contact Officer Network has been established and meets quarterly with a focus on promoting respect and inclusion in the CoGB workplace; The organisations Flexible Working Arrangements Policy is under review; Companion Card is accepted at all CoGB major venues; and CoGB Style Guide was reviewed in November 2012 and accessibility of CoGB publications was considered and changes made accordingly. Risk Analysis: The CoGB plays an important role in ensuring an accessible and inclusive community, one in five people have a some form of disability. There legislative and human rights risks if Council's Community Access and Inclusion Plan (Disability Plan) does not achieve its four objectives. That is: reducing barriers to persons with a disability accessing goods, services and facilities and reducing barriers to a person with a disability obtaining and maintaining employment. Promoting inclusion and participation in the community and achieving a change in attitudes and practices that discriminate against a person with a disability. The Disability Act 2006 also requires Local Government to report on the implementation of their Disability Action Plan in its Annual Report. The actions identified in the CAIP to achieve its objectives will require staff time and/or a budget allocation, if an appropriate budget is not allocated there is a risk that Council will not met its legislative or human rights obligations. Consultation/Communication Certain actions within the Community Access and Inclusion Plan will require community consultation. The level and extent of consultation will vary depending on the action. Consultation is guided by the Community Engagement Guidelines and Toolkit.

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Resource Implications In actioning the Community Access and Inclusion Plan, the CoGB will and continue to play many and varied roles. Some activities have and will require resource allocation through the annual budget process. Conclusion The Community Access and Inclusion Plan is now in its second year of implementation. The progress to date has been substantial and has contributed to reducing barriers for people with a disability in our community. RECOMMENDATION That the Greater Bendigo City Council resolve to endorse the progress on the implementation of the Community Access and Inclusion Plan, in particular the launch of the HORIZONS website, the achievements of the Transport Connections Project (B-Line) and the recently completed safe transport space at Howard Place.

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5.

Ordinary Meeting - 29 May 2013

OUR PEOPLE, OUR PROCESSES

5.1 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 CT000048

Project Asphalt Works Various Locations

Successful Contractor – Centre Asphalt

State

Value (GST Excl) 399,246.77

Delegated Officer Darren Fuzzard

Date Signed 2 May 2013

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

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5.2 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 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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Report Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Meeting Information Capital Works Budget Meeting 25 March 2013 1. Introduction to budget process 2. Capital Works budget Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Mr Craig Niemann Ms Marg Allan Mr Stan Liacos Ms Prue Mansfield Mr Darren Fuzzard Ms Pauline Gordon Mr Bradley Thomas Mrs Alison Campbell

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Matter No. Possible roadworks at Rowan & Forest Streets Proposed works to be undertaken in Mitchell Street

Ordinary Meeting - 29 May 2013

Meeting Information Capital Works Budget Meeting 26 March 2013 1. Capital Works budget 2. Renewal v Upgrade v New 3. Councillor requests Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Apology: Cr Elise Chapman Mr Craig Niemann Ms Marg Allan Mr Stan Liacos Ms Prue Mansfield Mr Darren Fuzzard Ms Pauline Gordon Mr Andy Walker Mr Pat Jess Mr Bradley Thomas Mrs Alison Campbell

Conflict of Interest disclosures Councillor/officer making disclosure Councillor/officer meeting Mr Craig Niemann No

Cr Lisa Ruffell

Yes

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 29 May 2013

Meeting Information Operating Budget Meeting 8 April, 2013 1. Long-term Financial Plan 2. Operational Budget 3. Internal Budget Document Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Mr Craig Niemann Ms Marg Allan Mr Travis Harling Mr Bradley Thomas Mrs Alison Campbell

Conflict of Interest disclosures Councillor/officer making disclosure Councillor/officer meeting Discussion Cr Elise Chapman Yes Matter No.

on progress of Marong Business Plan

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 29 May 2013

Meeting Information Operating Budget Meeting 9 April 2013 1. Internal Budget Document 2. Operational Budget 3. New position request Attendees/Apologies Cr Lisa Ruffell (part) Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Mr Craig Niemann (part) Ms Marg Allan Mr Travis Harling Mr Bradley Thomas Mrs Alison Campbell

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 29 May 2013

Meeting Information Heritage Advisory Committee 18 April 2013 1. Expenditure of HAC budget 2. HAC briefing to Council 3. March HAC visit to Post Office Gallery opening 4. HAC identification of buildings (that could be part of an historic plaques scheme) 5. Applications for demolition 6. Amendments 7. Residential Strategy Review 8. Thematic Environmental History 9. White Hills & East Bendigo Heritage Study 10. Heritage Awards 2013 11. Boundary stones 12. Cast iron collection 13. National Trust Heritage Festival Attendees/Apologies Cr Peter Cox Apology: Cr Mark Weragoda Emma Bryant Dannielle Orr Megan McDougall Elaine Doling Jordan Grenfell David Mulqueen Di Smith Darren Wright Apologies: Helen Ashby David Bannear Laurie Brown Peter Ellis Kay MacGregor Rod Spitty Norm Stimson

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

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 29 May 2013

Meeting Information Councillors' Forum 24 April 2013 1. Briefing on NBN rollout 2. Briefing on Telstra Mobile rollout 3. Bendigo Tennis Redevelopment Project 4. Integrated Transport and Land Use Strategy 5. MAV update 6. Electronic waste 7. Marong Business Park 8. Parking in residential streets 9. Closure of Wood Street 10. Tip vouchers 11. Hard waste collection 12. Thematic Environmental History 13. Map of bike paths (existing and proposed) 14. 'Flat Matters' 15. Meeting re IGA Supermarket 16. Economic assessment for Strathfieldsaye supermarket 17. View Street parking 18. Newspaper advertising 19. Overhanging trees - Knowsley /Barnadown Road 20. Proposed composting facility at Bagshot 21. NBN tower 22. Masons fencing 23. Request for meeting with Minister Mulder 24. Road closure at Heathcote 25. Citywide garage sale 26. Overhanging branches - View Street 27. Hargreaves Mall activation 28. Peter Krenz Leisure Centre 29. State of the Bendigo Town Hall 30. Feedback on the Maiden Gully Structure Plan 31. Feasibility study for trams 32. Complaint from Amicus Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Apology: Cr James Williams Mr Craig Niemann Ms Prue Mansfield Ms Pauline Gordon Mr Darren Fuzzard PAGE 146


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Mr Peter Davies Mrs Alison Campbell Apologies: Ms Marg Allan Mr Stan Liacos Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. 7. Cr Chapman Yes 31. Cr Ruffell Yes

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 29 May 2013

Meeting Information Councillors' Forum 1 May 2013 1. Council Plan submissions 2. Planning matters and draft Ordinary Meeting agenda review 3. Traffic management around water standpipe 4. Customer requests 5. Public halls 6. Available industrial land 7. Crown Land by-pass route 8. Safety of cyclist on the roads 9. Ward Meeting 10. Flood Study 11. Proposed closure of road reserve at Heathcote 12. Budget and rate discussion Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe (part) Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Mr Craig Niemann Ms Marg Allan Mr Stan Liacos Ms Prue Mansfield Mr Darren Fuzzard Ms Pauline Gordon Mr Peter Davies Mrs Alison Campbell

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Planning Cr Weragoda Yes matter Advertising Signage Policy Agenda review Marong Business Development Plan

Cr Chapman

Yes

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 29 May 2013

Meeting Information Finance Committee 2 May 2013 1. Albert Roy Reserve Pavilion 2. Monthly Financial Report March 2013 3. Financial Management Report 4. Capital Works Report 5. Rating report Attendees/Apologies Cr Rod Fyffe Cr Peter Cox Cr Barry Lyons Cr Mark Weragoda Apologies: Cr Lisa Ruffell Cr James Williams Cr Elise Chapman Mr Craig Niemann Ms Marg Allan Mr Darren Fuzzard Ms Pauline Gordon Mr Travis Harling Ms Nicole Ashby Mr Bradley Thomas Mr Lincoln Fitzgerald

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Planning Cr Weragoda Yes matter Advertising Signage Policy Agenda review Marong Business Development Plan

Cr Chapman

Yes

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

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5.3

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COMPARATIVE STATEMENT OF BUDGETED AND REVENUE AND EXPENDITURE AS AT 31 MARCH 2013

ACTUAL

Document Information Author

Bradley Thomas, Senior Management Accountant

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose To provide Council with an analysis of the financial position of the City of Greater Bendigo as at 31 March 2013, and to enable a review of the forecast financial position for 30 June 2013. Policy Context Council Plan 2009-2013 (2012) states: 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability. Background Information In accordance with Section 138 of the Local Government Act 1989: (1)

At least every three months, the Chief Executive Officer must ensure that a statement comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date is presented to the Council at a Council meeting which is open to the public.

Report This report provides an update on the financial performance in comparison to the adopted budget for the 2012/13 financial year. The report also provides a financial forecast for up to 30 June 2013, together with an analysis and recommendations. The information contained in this report was considered by the Council’s Finance Committee at its meeting on May 2, 2013. 1.

Actual Year to Date Performance (01/07/12 -31/03/13)

City of Greater Bendigo's (CoGB) operating result for the first three quarters of the financial year is $1,004,605 favourable to budget as at 31 March 2013.

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Operating - YTD Actual vs YTD Budget: Operating Result is a measure for accounting for an organisations profit or loss for a given period. An Operating Result recognises all revenue and operating expenditure; it includes non-cash expenditure like depreciation and non-cash revenue of donated assets. YTD Budget 31/03/2013

YTD Actual 31/03/2013

Variance

$28,252,499

$29,257,104

$1,004,605 Favourable

Please refer to Attachment 1 that provides a more detailed report on the year to date financial operating result in comparison to budget. Major Variances that contribute to the favourable result include: $ Fav / Unfav Area Details $630,000 Unfavourable Grants The Grants Commission allocation is Commission distributed by the Federal Government using a formula which includes population growth. The release of updated Census Data resulted in revised allocations by the Federal Government after CoGB budget was adopted. $589,321 Favourable Defined The favourable result is due to the full Benefits amount payable being required to be accounted for at 30 June 2012. An early repayment in September resulted in a discount on the original amount. $280,380 Favourable Proceeds of The result is due to the sale of two land sales properties that were due to settle in the 2012 financial year, settlement took place in the 2013 financial year. All proceeds from the sale are transferred to Reserves. $319,207 Favourable Developer Greater land development has Levies occurred than expected, thus the levies have increased. These funds are placed in a reserve and then utilised to offset future capital costs of works in the particular subdivisions. $50,167 Unfavourable Landfill Due to delays in the construction of Operations the new cell at the Eaglehawk Landfill waste continues to be carted offsite. Rate Result - YTD Actual vs YTD Budget: City of Greater Bendigo's (CoGB) rate result for the first three quarters of the financial year is $8,373,080 favourable to budget as at 31 March 2013. PAGE 151


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The Rate Result takes the Operating Result and removes non cash transactions. It also includes Capital Works expenditure, Loan repayments, new loan drawdowns and Reserve transfer movements. YTD Budget 31/03/2013

YTD Actual 31/03/2013

Variance

$9,534,428

$17,907,509

$8,373,080 Favourable

Major Variances that contribute to the favourable result include: $ $3,681,957

Fav / Unfav Unfavourable

$10,648,437

Favourable

Area Details Net Transfers Transfers to Reserves are from Reserves higher than budget due to the creation of a Long Service Leave Reserve ($2.146M), land sales from 2011/12 and increased developer levies received. Capital Works Timing of carrying out Capital Works behind budget phasing.

1. Forecast Performance as at 31/3/13 for the period 01/07/12 – 30/06/13. Managers are requested to provide monthly financial forecasts up to 30/06/2013. By providing forecasts it allows for changes that have arisen during the year to be factored into the financial forecast and it allows management to revise priorities to ensure financial sustainability. The forecast is reported in the same format as the year to date actual comparison to budget, operating and rate results. Operating Result - Forecast vs Annual Budget: Annual Budget 30/06/2013 Surplus $14,860,200

Forecast 30/06/2013 Surplus $14,463,926

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Major Variances that contribute to the unfavourable operating result include: $ $914,806

$775,605

$447,382

$2,470,824

$519,154

$3,081,552

Fav / Unfav Area Unfavourable Grants Commission

Details The annual financial impact from revised allocations by the Federal Government in the 2013 Grants Commission made after budget adoption. Unfavourable Waste Cartage costs are expected to Management continue until 30 June 2013. The necessary approvals for the construction of the new cell, are taking longer than anticipated causing deferral of construction completion date. Favourable Rate Income Supplementary income from Rate Revenue is expected to exceed budget due to continued development growth. Favourable Defined The favourable result is due to the Benefits full amount payable being required to be accounted for at 30 June 2012. An early repayment in September resulted in a discount on the original amount. Also contributing to the favourable result are savings made to the operational budget to fund the early Defined Benefit payment. Favourable Proceeds of The Result is due to the sale of land sales two properties that were due to settle in the 2011/12 financial year. Settlement took place in the 2012/13 financial year. The forecast includes properties budgeted to be sold in 2012/13. All proceeds are transferred to Reserves. Unfavourable Major Additional Major Project Projects expenditure in relation to works at View Point which is funded by grant income received in the prior financial year, and held in Reserve fund.

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Rate Result - Forecast vs Annual Budget: Annual Budget 30/06/2013 Deficit ($6,798,374)

Forecast Result 30/06/2013 Deficit ($4,119,211)

$ $795,136

Fav / Unfav Favourable

$2,114,550

Favourable

Area Capital Works

Reserves

Variance

$2,679,163 Favourable Details Capital Works is favourable due to the higher level of expected carry forward works into the 2012/13 financial year. Income from Garbage charge and fees are raised to meet Waste Services costs. A surplus has been budgeted for, and therefore transferred to the Waste Reserve fur future works. Due to the over expenditure in Waste Services operations, surplus funds will not be transferred.

3. Progressive Rate Surplus/Deficit Summary The rate result must be managed on an ongoing basis rather an annually, as the impact from previous year's results, will affect the following years budget. With this in mind the table below shows Annual Budget Surplus/(Deficit) Accum. Surplus Carry Forward 30/06/12 $2,720,927 2013 Rate Result – (Deficit) ($6,798,374) Accum. (Deficit) Carry Forward ($4,077,447) 30/06/13 Additional Cash Contribution for Defined Benefits from Balance Sheet Capital Works Carry Forwards Forecast Accum. Surplus Carry Forward 30/06/13

Forecast Result Surplus/(Deficit) $2,720,927 ($4,119,211) ($1,398,284) $5,999,158 ($2,697,446) $1,903,428

CoGB works towards a zero or a balanced Rate Result. This is usually not achievable in a one off year as grants and expenditure items are not necessarily always received and paid in the same financial year. This highlights the importance of constantly reviewing the Result to ensure over time the balance does come back to $0. The anticipated forecast surplus carry forward will be utilised to assist in the funding of the 2013/14 budget.

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The Forecast Rate Result includes an adjustment of $5,999,158 which has been made to recognise the cash component contributed from the Balance Sheet towards funding the defined benefits superannuation shortfall ($10,311,974) of $3,854,158 and the creation of a Long Service Leave Reserve of $2,145,000. Savings were identified in Operations and Capital Works to fund the balance of the superannuation shortfall of $6,458,696. o Capital Works projects deferred or cancelled o Operating savings o Early payment discount

- $4,001,500 - $1,867,875 - $ 589,321

The results reported Year To Date for the 2013 financial year have been heavily impacted by State and Federal funding shortfalls (Grants Commission), Defined Benefits Payment, increased utility and insurance costs. Priority/Importance: Legislative requirement and Financial Management Conclusion As at 31 March 2013, the forecast rate result for 30 June 2013 is an adjusted accumulated surplus of $1,903,428. Management will continue to monitor financial performance to ensure the forecast is maintained to assist in funding of the 2013/14 budget. Attachments 1.

Council Comparative Statement

RECOMMENDATION That the Greater Bendigo City Council receives the Statement (attached) comparing Budgeted and Actual Revenues and Expenses to 31 March 2013, in accordance with the requirements of the Local Government Act.

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6.

URGENT BUSINESS

Nil.

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7.

NOTICES OF MOTION

7.1 NOTICE

OF MOTION: DEVELOPMENT OF RECREATION RESERVE PRECINCT

THE

NORTH

BENDIGO

CR PETER COX

That Council call a public meeting for local residents and user groups with the aim of implementing a plan to upgrade the North Bendigo Recreation Reserve precinct with the funds raised from the sale of land for residential development next to the Reserve. Cr Cox’s comments: Summary A sum of $250,000 has been gained from the sale of Council-owned land in North Bendigo beside the recreation reserve. The funds have been placed in reserve to be spent on upgrading the North Bendigo Recreation Reserve precinct. As the new development will impact on the amenity of the area, it is now timely to hold a public meeting to discuss how the funds will be used. A local steering group could be formed from the meeting to prioritise expenditure and monitor the project. The local community and user groups could be encouraged to raise additional funds towards the project. Comment Councillors need to be mindful that $250,000 is not a lot of money and it will be important that the funds be used for improved infrastructure rather than be used to employ consultants to draw up a plan. This can be achieved with staff expertise and a sound commitment from the local community. Learning from Experience $50,000 in the 2012/2013 budget was allocated to upgrade the Albert Roy Pavilion, however, $27,000 has been spent on consultants without any works being undertaken. $50,000 would only achieve minor works, repairs and painting. However, the project was designed in such a way that structural works are required without funds being allocated for this type of work. The North Bendigo project needs to be practical with works being implemented in a timely manner. Officer comment (Pat Jess, Manager Active and Healthy Communities): Officers have met with North Bendigo Recreation Reserve user groups on two separate occasions and received written and / or verbal submissions from these groups that has shaped the development of a draft concept plan for the Reserve. Officers now intend to undertake an Issues and Opportunities Analysis and determine a priority list of works. The user groups will again be consulted as part of this process prior to a report being submitted to Council. In order to assist managing expectations, the piece of work has been named a Reserve Improvement Plan and not a Master Plan.

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It should be noted that during consultation, all user groups rated upgrade of lighting to sports fields and courts as the highest priority at the Reserve. Given this, Officers recently met with Sport and Recreation Victoria (SRV) to determine the suitability of a lighting project as part of the State Government Community Facilities Funding Program 2014 / 2015. Feedback from SRV suggests lighting upgrade at North Bendigo Recreation Reserve would be a strong submission. Up to $100,000 can be applied for as part of the Minor Facilities Program and an additional $100,000 as part of the Country Football Netball Program. All consultation with the User Groups to date has been undertaken in-house. It is intended that further planning including the grant submissions would be undertaken by Council staff also.

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8.

COUNCILLORS' REPORTS

9.

CHIEF EXECUTIVE OFFICER'S REPORT

10. CONFIDENTIAL (SECTION 89) REPORTS Nil.

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Council Meeting Agenda 29 May 2013