20160629_Council_Agenda_29_June_2016

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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 29 June 2016

*** Broadcast live on Phoenix F 106.! ***

Question time at the formal Council Meeting will be limited to written questions received before

12 noon on the day of the meeting. The questions will be read by a Council representative and

answered by the Mayor. There will not be an opportunity for questions to be asked from thefloor

VENUE:Reception Room,Bendigo o!n "all,

"argrea#e$ %treet, Bendigo

NE& MEE'NG:Wednesday 20 July 2016Bendi"o #o$n %all

&opies o' the &ity o' (reater Bendi"o &ouncil)s "endas + inutes

can ,e o,tained online at $$$.,endi"o.vic."ov.au


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This Council Meeting is conducted in accordance with ocal aw

!o. ". #t is an offence for any person to engage in improper or

disorderly conduct at the meeting.

Council VisionCouncil VisionCouncil VisionCouncil Vision

Greater Bendigo - Working together to be Australia's most liveable regional city.

Council ValuesCouncil ValuesCouncil ValuesCouncil Values

Council wants the community to continue to have reason to be proud of the city and willdo this through:

Transparency - Information about Council decisions is readily available and easily

understood; Efficiency and effectiveness - Council provides services based on evidence of

need and demonstrates continuous improvement in the delivery of services;

Inclusion and consultation - Council uses a range of engagement strategies toensure community members can understand and take part in discussion thatinforms the development of new strategies and actions;

Clear decisive and consistent planning - In a rapidly growing municipality, Councilundertakes to plan effectively for our long-term future;

Respect for community priorities and needs - Council will advocate for improvedservices for community members and will consider community impact and

feedback the decisions it makes.

ThemesThemesThemesThemes

1. Planning for Growth

2. Presentation and Vibrancy

3. Productivity

4. Sustainability

5. Leadership and Good Governance


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ORDINARY MEETING

WEDNESDAY 29 JUNE 2016

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 6

PRAYER 6

PRESENT 6

APOLOGIES 6

SUSPENSION OF STANDING ORDERS 6

PUBLIC QUESTION TIME 6

RESUMPTION OF STANDING ORDERS 7

CR CHAPMAN'S REPORT 7

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. COUNCIL PLAN YEAR ENDING 30 JUNE 2017 9

1.1 ADOPTION OF THE 2016/17 COUNCIL PLAN UPDATE 9

2. BUDGET FOR THE MUNICIPAL YEAR ENDING 30 JUNE

2017

13

2.1 ADOPTION OF 2016/17 BUDGET 13

3. PETITIONS AND JOINT LETTERS 23

3.1 PETITION: FOOTPATH CONSTRUCTION - MICHAEL

STREET, KENNINGTON

23

4. PLANNING FOR GROWTH 26

4.1 PLANNING SCHEME AMENDMENT C161 - MARONG

BUSINESS PARK CONSIDER PANEL REPORT AND

ADOPTION OF AMENDMENT

26

4.2 BIG HILL MANDURANG VALLEY LANDSCAPE

ASSESSMENT PLANNING SCHEME AMENDMENT C217

47

4.3 PLANNING SCHEME AMENDMENT C220 - LANSELL

CREST DEVELOPMENT PLAN OVERLAY TO CONSIDER

AUTHORISATION REQUEST

55


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4.4 51 HANNANS ROAD, MANDURANG SOUTH 3551 -

REFUSAL OF DEVELOPMENT PLAN AND SUBDIVIDE

LAND INTO 2 LOTS

64

4.5 LOT A AND CA 8 SAWMILL ROAD, HUNTLY - THE STAGEDSUBDIVISION OF THE LAND INTO 57 LOTS (49 HOUSE

LOTS AND 8 SUPERLOTS) AND THE REMOVAL OF

NATIVE VEGETATION

73

4.6 ALL THINGS CONSIDERED EXPLORING OPTIONS FOR

VICTORIA'S 30 YEAR INFRASTRUCTURE STRATEGY -

SUBMISSION BY THE CITY OF GREATER BENDIGO

84

4.7 DRAFT ENVIRONMENT STRATEGY 98

5. PRESENTATION AND VIBRANCY 104

5.1 COMMERCIAL FITNESS OPERATOR POLICY 104

5.2 GREATER BENDIGO DISABILITY INCLUSION REFERENCE

COMMITTEE MEMBER APPOINTMENTS

116

5.3 LAKE EPPALOCK LAND AND ON-WATER MANAGEMENT

PLAN IMPLEMENTATION WORKING GROUP

121

5.4 CITY OF GREATER BENDIGO RECONCILIATION

PLAN2016-2019

126

6. SUSTAINABILITY 133

6.1 AWARDING OF CONTRACT CT000269 FOR KERBSIDE

ORGANICS COLLECTION SERVICE

133

6.2 LOADING, CARTING & DISPOSAL OF WASTE FROM

EAGLEHAWK LANDFILL

139

7. LEADERSHIP AND GOOD GOVERNANCE 141

7.1 RECORD OF ASSEMBLIES 141

7.2 CONTRACTS AWARDED UNDER DELEGATION 145

8. NOTICES OF MOTION 146

8.1 RESCISSION MOTION FOR DECISION ON 316-318 HIGH

STREET, KANGAROO FLAT - 34 LOT SUBDIVISION,

REMOVAL OF VEGETATION, VARIATION OF EASEMENTS

AND ALTERATION OF ACCESS TO ROAD ZONE

CATEGORY 1

146

9. URGENT BUSINESS 154

10. COUNCILLORS' REPORTS 154

11. MAYOR'S REPORT 154


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12. CHIEF EXECUTIVE OFFICER'S REPORT 154

13. CONFIDENTIAL (SECTION 89) REPORTS 154

APPENDIX / ATTACHMENTS

____________________________

CRAIG NIEMANNCHIEF EXECUTIVE OFFICER


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Ordinary Meeting - 29 June 2016

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

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 PurposeCouncil has provided the opportunity for members of the public to lodge written questionsof broad interest to Council and the community. Matters relating to routine Council works

should be taken up with Councils Customer Service Officers through its CustomerRequest System.

Question time will be limited to written questions received before 12 noon on theday of the meeting. The questions will be read by a Council representative andanswered by the Mayor.

No questions relating to planning matters on the Agenda will be accepted. By the timeplanning matters have reached the council agenda, they have been through an extensiveprocess as required by the Planning and Environment Act. In addition, in most instancesmediation has been held between the parties involved. Throughout the process there are

many opportunities for people to ask questions.

Public Question Time Where, When and WhoThe public question time is held at every Ordinary Meeting of Greater Bendigo CityCouncil. Meetings of Council commence at 6.00pm in the Reception Room, BendigoTown Hall, Hargreaves Street, Bendigo.

The public question time is held at the start of the meeting as close as practical to6:00pm. A maximum of 30 minutes has been provided for registered written questions.

Acceptance of Questions

Councils Meeting Procedure Local Law does not allow for other questions or commentsduring the remainder of the meeting.


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1. An individual may only lodge one question per meeting.

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

3. In the event that time does not permit all written questions registered to beanswered, questions will be answered in writing or referred to the next meeting ifappropriate.

4. The Mayor and or CEO have the right to decline registration on basis of:

Legal proceedings;

More appropriately addressed by other means;

Vague or lacking in substance, irrelevant, frivolous, insulting offensive,improper, defamatory or demeaning;

Answer likely to compromise his / her position; Confidential, commercial-in-confidence.

5. Each individual whose written question has been accepted or declined will beadvised by early afternoon on the day of the scheduled meeting.

6. In the event of a written question being declined the question will be circulated tothe Council for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR CHAPMAN'S REPORT

DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (asamended) 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 Officerbefore the meeting. Declaration of indirect interests must also include theclassification of the interest (in circumstances where a Councillor has made aDeclaration in writing, the classification of the interest must still be declared at themeeting), i.e.

(a) indirect interest by close association(b) indirect interest that is an indirect financial interest(c) indirect interest because of conflicting duties(d) indirect interest because of receipt of an applicable gift(e) indirect interest as a consequence of becoming an interested party


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A Councillor who has declared a conflict of interest, must leave the meeting andremain 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 aperceived conflict of interest.

CONFIRMATION OF MINUTES

Minutes of the Special Meeting of Wednesday 15 June 2016.

The following items were considered at the Special Council meeting held on 15 June2016 at 5:00pm

Councillor Code of Conduct

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

RECOMMENDATION

That the Minutes of the Special Meeting of Council held on 15 June, 2016 as circulated,be taken as read and confirmed.

Minutes of the Ordinary Meeting of Wednesday 15 June 2016.

The following items were considered at the Ordinary Council meeting held on 15 June2016 at 6:00pm

316-318 High Street, Kangaroo Flat - 34 Lot Subdivision, Removal of Vegetation,Variation of Easements and Alteration of Access to Road Zone Category 1

Greater Bendigo Indoor Aquatic and Wellbeing Centre - Construction Tender

Bendigo Stadium Major Expansion Project - Construction Tender Greater Bendigo Housing Strategy - Issues and Opportunities

Final Progress Report: Independent Review Implementation

Procurement Policy Record of Assemblies

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

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Council held on 15 June, 2016 as circulated,be taken as read and confirmed.


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Council Plan Ordinary Meeting - 29 June 2016

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1. COUNCIL PLAN

1.1 ADOPTION OF THE 2016/17 COUNCIL PLAN UPDATE

Document Information

Author Lyn Talbot, Corporate and Community Planner

Responsible Prue Mansfield, Director Planning and DevelopmentDirector

Summary/Purpose

This report outlines the minor changes that have been recommended and incorporated inthe draft Council Plan 2013-2017 (2016-2017 update) following the feedback receivedduring the period for submissions on the draft, as well as further minor internalrefinements in parallel with budget deliberations, feedback from staff members andeditorial review.

Policy Context

In accordance with Section 125 of the Local Government Act 1989 a new Council Plan

must be prepared every four years and then a review of the Council Plan is undertakenat least yearly.

This plan will cover the 2016-2017 financial year and this will be the final phase in the2013-2017 Council Plan cycle. This 2016-2017update incorporates the changesrecommended by Council in their annual review of the Plan and the new actions thathave been endorsed and funded for the 2016-2017 year.

In accordance with legislative requirements the draft Council Plan has been madeavailable for Public Exhibition and submissions for a period of 30 days, prior to theCouncil meeting for adoption of the Plan.

The revised Council Plan 2013-2017 (2016-2017 update) must be adopted by Councilprior to June 30, 2016 following the period of public exhibition and final consideration ofany changes arising.

Background Information

The Council Plan 2016-2017 Draft for Exhibition was considered by Council at itsmeeting on 4 May, 2016 and Council resolved to advertise it for public exhibition andsubmissions. The exhibition period was conducted from May 6 until June 3, 2016

A Committee of the Whole Council heard 1 or the 3 submissions received on theproposed Council Plan on 7 June, 2016.


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To date:

Community members were invited to a public discussion session about future Councilpriorities that was held following the public launch of the 2014-2015 Annual Report on29 October, 2015. Suggestions from community members were collated and provided

to Councillors as Proposed New Initiatives requiring decision in the first draft ofactions in the Council Plan.

Councillors retained the Vision of Greater Bendigo- working together to be Australiasmost liveable regional city.

The format for the front section of the plan is largely unchanged, but the wording ofeach section has been updated where necessary.

The Council Plan is based around five broad themes; these have remainedunchanged; the Strategic Objectives and Objectives have been reviewed and somesmall changes made.

Councillors participated in Council Plan and Budget workshops on February 2 & 32016 to consider potential new initiatives in the context of their decision not to seek areview of the 2.5% rate rise in line with the Consumer Price Index, set by theEssential Services Commission.

The process of refining priority actions was conducted in parallel with budgetdiscussions.

The Council Plan 2016-2017 Draft for Exhibition was considered by Council at itsmeeting on 4 May, 2016. The exhibition period was conducted from 6 May until 3June, 2016.

Council met at a Forum on Tuesday, 7 June to hear and consider the submissions.

Recommendations for changes to the draft plan were made at the Council Forummeeting on 8 June, 2016. Changes have been made in accordance with Councilrecommendations made at that meeting.

Relevant changes to the Financial Statements have also been made followingsubmissions on the draft Budget.

Report

The following section contains a summary of the main points made by the submittersaccompanied by some background information from City staff.

Having heard the submissions, and internal staff changes the Councillors agreed that:

Theme One be re-ordered and the following additional actions be included:

3.1.6 Negotiate with La Trobe University to finalise the long term future for ownership,management and upgrade of the Athletics Track.

5.2.6 Develop a strategic direction for a long term management plan for Bendigo'shistorical artefacts and the conservation of the Bendigo Historical Society

collection, which incorporates interim steps as required.

The following actions be amended to read as follows:


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2.1.11 Progress Implementation of the Barrack Reserve Master Plan by completingconstruction of the stadium, including undertaking landscape planning for theSwimming pool solar extension project .

3.6.2 Review policies and procedures for Home and Community Care Services, in linewith the implementation of the Commonwealth Home Support Program (CHSP)

and the NDIS.4.3.2 Develop programs that facilitate young people to develop skills that enable

employment readiness through the Community, Opportunity, and Growth Centreat 45 Mundy Street, Bendigo.

5.3.4 Finalise flood records/levels in collaboration with the CMA as part of thecompletion of the Marong Structure Plan.

These changes have been made and are incorporated into the Council Plan for adoption.

Priority/Importance:

A final draft has been prepared which has incorporated agreed changes, for theconsideration of Council at their meeting of 29 June, 2016. It makes a recommendationfor adoption of the Plan.

Options/Alternatives:

Council must consider possible responses to the submitters and make recommendationsfor action arising from the submission, in the context of parallel budget deliberations.

Timelines:

This is the final opportunity to make changes before the final version is provided to theMinister for Local Government on June 30, in accordance with legislated requirements.No further changes can be made after this date.

Risk Analysis:

The format of the plan meets best practice guidelines.Preparation of the plan has been in accordance with legislated procedures.Strategies and actions outlined in the plan will require an individual risk assessment.

Consultation/Communication

Internal Consultation:

Successive drafts of the Council Plan (2016-2017 update) have been provided toCouncillors and senior staff for review and discussion.

External Consultation:

In accordance with legislated requirements the draft Council Plan 2016-2017 was made

available for public consideration and submissions for a period of 28 days. Submitters


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were provided with an opportunity to make a very presentation. These were heard andconsidered by Council.

Conclusion

The final version of the Council Plan (2016-2017 update) has been prepared inaccordance with legislated requirements.

Resource Implications

Each action included in the Council Plan has been based on budget availability.Preparation of the Council Plan is undertaken using existing budget allocations.

Attachments

1. City of Greater Bendigo Council Plan 2013-2017 (2016-2017 update).

RECOMMENDATION

That the Greater Bendigo City Council resolve to adopt the Council Plan 2013-2017(2016-2017 update).


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Budget 2016/17 Ordinary Meeting - 29 June 2016

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2. BUDGET 2016/17

2.1 ADOPTION OF 2016/17 BUDGET


Author Travis Harling, Manager Finance

Responsible Kerryn Ellis, Director Organisation SupportDirector

Summary/Purpose

To consider the formal adoption of the 2016/17 Budget.

Policy Context

City of Greater Bendigo Council Plan 2013-2017 (2015/16 Update):

Legislative Requirements

In accordance with the Local Government Act 1989, Council must:

Prepare a budget for each financial year commencing 1 July (Section 127).

Declare the amount it intends to raise by general rates (Section 158).

Comply with guidelines established under Sec 161; Ministerial Guidelines forDifferential Rating.

Give notice of the proposed budget and consider any submissions prior to adoptingthe budget.

Adopt a Strategic Resource Plan not later than 30 June (Section 126).


The draft Council Plan 2013 - 2017 (updated 2016-2017) includes a Strategic ResourcePlan (SRP) that provides a financial framework for meeting the objectives established inthe Council Plan. The key objective of the SRP is to achieve the Council's strategicobjectives, while ensuring financial sustainability in the medium to long term.

The 2016/17 Budget has been developed based on the SRP, to facilitate theachievement of the Annual Actions listed in the Council Plan. A review of the CouncilPlan was undertaken which informed the Budget content.


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Previous Council Decision(s) Date(s):

4 May, 2016 Ordinary meeting

Council resolved to advertise the 2016/17 Proposed Budget and to invite communitysubmissions.

Report

Council considered the 2016/17 Proposed Budget at its meeting on 4 May, 2016 andresolved to advertise the budget. This occurred on Saturday 7 May, 2016.

At the conclusion of the 28 day statutory period for public exhibition, 21 submissionswere received (Attachment 2). A Committee of the whole Council heard 11 verbalsubmissions on 7 June, 2016. A summary of all submissions received, including officercomments, is provided (Attachment 3).

Consideration of Submissions and Adjustments to the 2016/17 Proposed Budget

Following the hearing of 11 submissions to the Budget, the consideration of 21submissions received, and taking into account alterations since the Proposed Budgetwas exhibited, the adjustments proposed are included in Table 1 below.

Table 1 Adjustments to 2016/17 Proposed Budget

Project/Program Detail Revenue/Exp. Budget ImpactAPPENDIX / ATTACHMENTS 1552.1 ADOPTION OF 2016/17

BUDGET

Error!

Bookmark notdefined.4.1 PLANNING SCHEME

AMENDMENT C161 -MARONG BUSINESS PARKCONSIDER PANEL REPORTAND ADOPTION OFAMENDMENT

Error!Bookmark notdefined.

4.2 BIG HILL MANDURANGVALLEY LANDSCAPEASSESSMENT PLANNINGSCHEME AMENDMENT

C217


4.3 PLANNING SCHEMEAMENDMENT C220 -LANSELL CRESTDEVELOPMENT PLANOVERLAY TO CONSIDERAUTHORISATION REQUEST



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4.5 LOT A AND CA 8 SAWMILLROAD, HUNTLY - THESTAGED SUBDIVISION OFTHE LAND INTO 57 LOTS(49 HOUSE LOTS AND 8SUPERLOTS) AND THE

REMOVAL OF NATIVEVEGETATION


5.1 COMMERCIAL FITNESSOPERATOR POLICY


5.3 LAKE EPPALOCK LANDAND ON-WATERMANAGEMENT PLANIMPLEMENTATIONWORKING GROUP


6.1 CITY OF GREATERBENDIGORECONCILIATION PLAN2016--2019


HeathcoteIndependent LivingEstate

Council Resolution 29September 2010 to contributeto the project up to the valueof the land. Currently$80,000 included in theProposed Budget. Theexpected land valuation is$120,000. The additional$40,000 contribution will be

funded from the Land andBuildings Reserve.

Rev $40,0000

Exp $(40,000)

$NIL

Byambee RisesLocal Playspace

Referred from Council Forum6 April 2016. To be fundedfrom the Open SpaceReserve.

Rev $75,000

Exp $(75,000)

$NIL

Hard CourtInfrastructureRenewal Plan

Operating budget bid that wasnot included in the ProposedBudget. State/federalgovernment funding has beenprovided for this project.

Rev $30,000

Exp $(60,000)

$(30,000)

FinancialAssistance Grant

Further advice was receivedfrom the Victorian GrantsCommission on 24 May 2016.City of Greater Bendigo willreceive a higher allocationthat what was included in theProposed Budget.

Rev $254,000

Exp $(0)

$254,000

Bendigo TennisPavilionConstruction

The Proposed Budget onlyincludes the Net contributionof $1,000,000 from Council.Given the budget will be

project managed by Councilall costs of the project will be

Rev $ 3,000,000

Exp $(4,000,000)

$NIL


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recorded by Council. The Netfinancial impact on the budgetof project managing this is $0.

Bendigo HeritageAttractions

Additional funding to continueto progress revival plan.

Rev $0

Exp $(150,000)

$(150,000)

Heathcote Poolsolar/shade project

Funding to complete thedetailed design for theshade/solar project.

Rev $0

Exp $(15,000)

$(15,000)

Bendigo Scienceand TechnologyMuseum

Proposed Budget included$40,000 funding for theDiscovery Centre. Increasefunding to $50,000 per yearfor the next three years (no

CPI increase).

Rev $0

Exp $(10,000)

$(10,000)

Loddon MalleeCommunityLeadershipProgram (LMCLP)

Proposed Budget included$7,500 for an LMCLPscholarship. Increasescholarship to $15,000.

Rev $0

Exp $(7,500)

$(7,500)

Bendigos HistoryStrategic report

Develop a strategic report toconsider the long termsustainability of Bendigoshistorical artefacts and theconservation of the BHScollection.

Rev $0

Exp $(15,000)

$(15,000)

BendigoCommunity SisterCities Committee

Allocate funding of $3,000 asan initial allocation to StrategicPlan implementation.

Rev $0

Exp $(3,000)

$(3,000)

Budget Details:

The key features of the 2016/17 Budget are:

1. Capital and Major Works of $100.61M.

During 2016/17, Council will continue to deliver on commitments to undertakesignificant capital projects which improve the liveability of the City. These include thecompletion of the Social Pavilion at Canterbury Park, Eaglehawk; Barrack ReserveSocial Pavilion, Heathcote; Bridge and Road reconstruction, Scott Street White Hills;Garden for the Future at the Bendigo Botanic Gardens; Bendigo Airport Runwayreconstruction and extension; Bendigo Indoor Aquatic and Wellbeing Centredevelopment; Bendigo Stadium major expansion, Bendigo Tennis Pavilionconstruction; and the construction of Stage 1 of the Eaglehawk Play Space.

2. An unusually high operating surplus of $54.0M. The higher than normal operatingresult includes capital revenue of approximately $35.2M of contributions and grantsthat are used to fund the Capital and Major Works program ($100.61M) listed above.


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It is worth noting that the revenue is accounted for in the operating result, howeverthe capital expenditure is not.

3. Repayment of debt of approximately $2.071M, resulting in a balance of a total debtof $50.37M as at 30 June 2017.

4. An increase in income from Rates and Charges of $6.856M, made up of a rateincrease of 2.5%, supplementary rates, garbage and recycling waste collectioncharges and the introduction of an organics waste collection charge.

5. An amount of $106.616M to be raised by general rates and service charges asfollows:

General Rates $89.556MService Charges $15.460MSupplementary Rates* $ 1.600M (estimated to be raised during the year)

* Supplementary rates are a result of Supplementary Valuations. A Supplementary Valuationoccurs when there is a change to a property that will affect the Valuation such as construction of adwelling or shed, installation of a swimming pool or a demolition.

6. The Budget includes a General Rate and nine (9) differential rates to be declared asfollows:

General 0.40424%of CIV

Commercial/Industrial A (Urban/non-CBD)(185% of General)

0.74784% of CIV

Commercial/Industrial B (Rural areas)

(180% of General)

0.7276% of CIV

Commercial/Industrial C (CBD)(190% of General)

0.76799% of CIV

Farm Land(85% of General)

0.3436% of CIV

Vacant Land (residential and rural residential)(125% of General)

0.50528% of CIV

Other Land(185% of General)

0.74784% of CIV

Commercial/Industrial - Forest Edge Estate Maiden Gully

properties.(185% of General)

0.74784% of CIV

Vacant Land - Forest Edge Estate Maiden Gully properties.(125% of General)

0.50528% of CIV

Residential - Forest Edge Estate Maiden Gully properties.(100% of General)

0.40424%of CIV

7. In accordance with the Cultural and Recreation Lands Act 1963, the following bedeclared:

Class 1 0.20212% of Capital Improved ValueClass 2 0.10104% of Capital Improved ValueClass 3 0.040424% of Capital Improved ValueClass 4 $388.00


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Class 5 $509.00

8. A decrease in the residential Garbage Charge within the organics collection area of10.87% for 120/140 litre bins and 5.04% for 240 litre bins. An increase in theresidential Garbage Charge outside the organics collection area of 2.90% for120/140 litre bins and 2.90% for 240 litre bins, the Recycling Charge increased by3.1%.


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9. Services Charges to be declared as follows:

Garbage Charge 120/140 Litre Bin (Within Organic collection area) $ 123.00

Garbage Charge 240 Litre Bin (Within Organic collection area) $ 226.00

Garbage Charge 120/140 Litre Bin (Outside Organic collection area) $ 142.00

Garbage Charge 240 Litre Bin (Outside Organic collection area) $ 245.00

Garbage Charge 120/140 Litre Bin (other Commercial) $ 156.20*

Garbage Charge 240 Litre Bin (other Commercial) $ 269.50*

Recycling Charge $ 66.50

Organics Charge** $ 71.00

Garbage Charge (Business Areas) One Day per Week $ 269.50*

Garbage Charge (Business Areas) Two Days per Week $ 539.00*

Garbage Charge (Business Areas) Three Days per Week $ 808.50*

Garbage Charge (Business Areas) Five Days per Week $1,347.50*Garbage Charge (Business Areas) Seven Days per Week $1,886.50*

* Includes GST** Organic Waste Collection Specified area (Pro-Rata 10 Months of $86.00 annual charge).

Please note that as the general waste charge has been reduced, the net increase to wastecharges as a result of the new organics service is $53. The same organics charge appliesto properties irrespective of garbage bin size, ie. 120L, 140L or 240L.

10. An early full rate payment discount of 1.5% on current year rates and charges will begranted if full payment (including any arrears and interest) is received on or before30 September 2016.

Councillor Conflicts of Interest in the Budget for 2015/16

Section 79C (2) of the Local Government Actindicates that if a budget or revised budgetto be approved by Council includes funding for a matter of which a Councillor has aConflict of Interest, the Councillor is taken not to have a Conflict of Interest for thepurposes of approving the budget or revised budget if:

a. The Council approved the matter and proposed funding previously; and

b. The Councillor disclosed the nature of the Conflict of Interest when the decision inrespect of the funding was originally considered and made.

This Section of the Act means that if a Councillor has not previously declared a Conflictof Interest in the allocation in which they have a conflict, prior to considering the budget,the Councillor will have a Conflict of Interest in the budget and will therefore need toleave the Council Chamber and not vote on the budget.

The first two parts of the report recommendation enables Councillors to declare theirConflicts of Interest prior to considering the other recommendations relating to theproposed Budget. This will then allow Councillors to vote on the other proposed Budgetrecommendations.


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Bendigo Spirit

Cr Ruffell has a conflict of interest in the Bendigo Spirit (indirect financial interest) as sheis a member of the Board.

Timelines

The Council must adopt its Budget by 30 June, 2016 and forward a copy to the Ministerfor Local Government within 28 days of adoption.

Legislative Compliance Requirements

The Budget has been prepared in accordance with the Local Government Act 1989andLocal Government (Planning and Reporting) Regulations 2014.


Internal Consultation:

The Budget has been prepared with extensive input from Councillors, the ExecutiveManagement Team and Managers.

External Consultation:

Following consideration of the Proposed Budget by Council at its meeting on 4 May,2016 the 28 day statutory period for public exhibition was undertaken, commencing on 7May, 2016. Information regarding the Proposed Budget was made available on the Cityof Greater Bendigo's website and through local print media. As outlined above, 21submissions were made in response to the Proposed Budget.

Resource Implications

The formal budget documentation details the resources required and applied to deliverservices, programs and capital works during 2016/17.

Conclusion

Council has spent considerable time reviewing the Budget for 2016/17. The exhibition ofthe Proposed Budget has generated a significant number of submissions which havenow been considered. Various adjustments to the Proposed Budget have been made as

a result of the submissions considered, including the inclusion of funding for additionalprojects and programs.

Attachments

1. Budget document included under separate cover2. Budget submissions3. Summary of Budget submissions, including officer responses


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RECOMMENDATION

That the Greater Bendigo City Council, having considered the submissions to the

2016/17 Proposed Budget:

1. Acknowledges the allocation of $25,000 to the Bendigo Spirit.

2. Adopts the Budget, annexed to this resolution and initialled by the Mayor foridentification, being the Budget prepared for the 2016/17 financial year for thepurposes of Section 127 of the Local Government Act 1989, including theadjustments listed below made as a result of the exhibition period.

Project/ProgramRevenue/

(Expense)

Heathcote Independent Living Estate

$0

Byambee Rises Local Playspace $0

Hard Court Infrastructure Renewal Plan $(30,000)

Financial Assistance Grant $254,000

Bendigo Tennis Pavilion Construction $0

Provision for Bendigo Heritage Attractions $(150,000)

Heathcote Pool solar/shade project $(15,000)

Provision for Discovery Centre $(10,000)

Loddon Mallee Community Leadership Program scholarship $(7,500)

Bendigos History Strategic report $(15,000)

Provision for Bendigo Community Sister Cities Committee $(3,000)

3. Gives public notice of the adoption of the 2016/17 Budget, in accordance withSection 129 of the Local Government Act1989, and make available for publicinspection the information required by the Local Government Act 1989and the LocalGovernment (Finance and Reporting) Regulations 2004, to display the Budget at theCity of Greater Bendigo offices and on the City of Greater Bendigo website.

4. Acknowledges the contribution of submitters to the budget process, and thanks themfor their contribution.

5. Implements a differential rate as follows:

General 0.40424%of CIV

Commercial/Industrial A (Urban/non-CBD)(185% of General)

0.74784% of CIV

Commercial/Industrial B (Rural areas)(180% of General)

0.7276% of CIV

Commercial/Industrial C (CBD)(190% of General)

0.76799% of CIV


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PAGE 22

Farm Land(85% of General)

0.3436% of CIV

Vacant Land (residential and rural residential)(125% of General)

0.50528% of CIV

Other Land

(185% of General)

0.74784% of CIV

Commercial/Industrial - Forest Edge Estate Maiden Gullyproperties.(185% of General)

0.74784% of CIV

Vacant Land - Forest Edge Estate Maiden Gully properties.(125% of General)

0.50528% of CIV

Residential - Forest Edge Estate Maiden Gully properties.(100% of General)

0.40424%of CIV

5. Declares the following, in accordance with the Cultural and Recreation Lands Act1963:

Class 1 0.20212% of Capital Improved ValueClass 2 0.10104% of Capital Improved ValueClass 3 0.040424% of Capital Improved ValueClass 4 $388.00Class 5 $509.00

6. Adopts service charges as follows:

Garbage Charge 120/140 Litre Bin (Within Organic collection area) $ 123.00

Garbage Charge 240 Litre Bin (Within Organic collection area) $ 226.00

Garbage Charge 120/140 Litre Bin (Outside Organic collection area) $ 142.00

Garbage Charge 240 Litre Bin (Outside Organic collection area) $ 245.00

Garbage Charge 120/140 Litre Bin (other Commercial) $ 156.20*

Garbage Charge 240 Litre Bin (other Commercial) $ 269.50*

Recycling Charge $ 66.50

Organics Charge** $ 71.00

Garbage Charge (Business Areas) One Day per Week $ 269.50*

Garbage Charge (Business Areas) Two Days per Week $ 539.00*

Garbage Charge (Business Areas) Three Days per Week $ 808.50*Garbage Charge (Business Areas) Five Days per Week $1,347.50*

Garbage Charge (Business Areas) Seven Days per Week $1,886.50*

* Includes GST** Organic Waste Collection Specified area (Pro-Rata 10 Months of $86.00 annual charge).

Please note that as the general waste charge has been reduced, the net increase to wastecharges as a result of the new organics service is $53. The same organics charge appliesto properties irrespective of garbage bin size, ie. 120L, 140L or 240L.

7. Grants an early full rate payment discount of 1.5% on current year rates andcharges, if full payment (including any arrears and interest) is received on or before30 September 2016.


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8. Refers the track works at the LaTrobe University Bendigo Athletics Complex and theupgrade of township entry signs outside of the central Bendigo area to the mid-yearbudget review for funding consideration.


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Petitions and Joint Letters Ordinary Meeting - 29 June 2016

PAGE 24

3. PETITIONS AND JOINT LETTERS

3.1 PETITION: FOOTPATH CONSTRUCTION - MICHAEL STREET,

KENNINGTON


Author Brett Martini, Manager Engineering and Public Space

Responsible Darren Fuzzard, Director, Presentation and AssetsDirector

[Petitions and joint letters with ten (10) or more signatures are included in the agenda ortabled at the meeting, unless there is a separate legal process for considering thepetition or joint letter, as there is for planning submissions or submissions followingpublic notices (Section 223 LGA)].

A petition has been received from concerned residents in the area of Michael Street,Kennington, as outlined below:

Capital Works Program - Footpath Construction, Michael Street, Kennington.

"We the under signed would be pleased to have a concrete footpath constructedbetween Hodgkinson Street and McIvor Road on the East side."

Signatures - 15

Officer Comment - (Brett Martini, Manager Engineering & Public Space):

The increasing desire for (and value of) more paths across the City of Greater Bendigo iswell appreciated, hence Council's significantly increased financial commitment to theNew Paths Program in the 2015/16 Council Budget and subsequent proposedcommitment to the New Paths Program in the draft 2016/17 Council Budget.

Each year the City of Greater Bendigo receives more requests for footpath constructionthan can be funded. There are currently more than 600 footpath construction jobsreferred to the Capital Works Program at a value of more than $47 million. Therefore, anumber of criteria are considered when determining priorities for these works includingpedestrian numbers, traffic volume, risk and connections to other paths and local

facilities.


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Works to establish essential path connections around the municipality within the CapitalWorks Program occur on a prioritised basis whereby those streets with the greatestdemand and overall community benefit are addressed first. Current footpaths in thevicinity of this request are detailed in green in Figure 1 over the page.

Figure 1 - Michael Street, Kennington, between McIvor Road and Hodgkinson Street:

Earlier this year, the City received a customer request to investigate the possibility of afootpath being constructed along the east side of Michael Street, Kennington. The projectwas investigated and a response was provided to the resident which outlined the CapitalWorks Program rating process and the conclusion that the proposed works were notidentified amongst the highest footpath priorities based on evaluation criteria.

The petition/joint letter received identifies the same section of proposed footpath alongMichael Street, Kennington. As detailed in the initial response provided to the resident,

this project has been rated in the City's Capital Works Program. Based on the evaluationcriteria and relative to other projects listed in the Program, a footpath on the east side ofMichael Street, Kennington has been assessed in regard to some of the criteria asfollows:

Low traffic volume;

Low pedestrian generator;

Footpath already exists to the north and south of this section of Michael Street;

There is a footpath located on the western side of Michael Street;

Acknowledged as 'medium risk' in that an uneven nature strip can encourage peopleto walk on the road-side;


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Access to Shopping Centre to the north; and

Estimated footpath construction cost of $47,000.

It is also recognised that the absence of a footpath along this section of Michael Street isan anomaly when looking at the wider area and the fact that nearly all other streets havea footpath on both sides of the road. However, the exclusion of short sections of footpathin areas with surrounding path infrastructure is an issue that is replicated in severalestablished residential areas. The City works to infill these sections based on the ratingcriteria as specified above, to ensure that those streets with the greatest demand andoverall community benefit are addressed first.

Subsequently, the analysis of this project provides a rating for the proposed footpathconstruction in the City's Capital Works Program. Through the rating and prioritisationprocess, the $47,000 project has ranked 348 out of 633 path projects. It is therefore notidentified as a high priority project and is unlikely to be under consideration for referral to

the Council Budget in the next five years. It will however, continue to be re-assessed onan annual basis for funding consideration through future Council budget processes.

RECOMMENDATION

That Greater Bendigo Council, having considered the petition/joint letter:

1. Recognise that the section of proposed footpath on Michael Street, Kenningtonbetween McIvor Highway and Hodgkinson Street is not amongst the highest pathpriorities and is not in consideration for the 2016/17 Council Budget or thedevelopment of the draft 2017/18 Council Budget.

2. Support the annual Capital Works Program re-assessment process, including theidentified evaluation criteria and the development of prioritised Programs.

3. Inform the submitter of the petition of Council's resolution.


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Planning for Growth Ordinary Meeting - 29 June 2016

PAGE 27

4. PLANNING FOR GROWTH

4.1 PLANNING SCHEME AMENDMENT C161 - MARONG BUSINESSPARK CONSIDER PANEL REPORT AND ADOPTION OF

AMENDMENT


Author Shannon Rosewarne, Senior Planner

Responsible Prue Mansfield, Director Planning & DevelopmentDirector

Summary/Purpose

Amendment details: This amendment is the result of many years of strategicinvestigation, undertaken by or on behalf of the City ofGreater Bendigo, which demonstrates the need to providefor land for industrial and appropriate commercial land usesinto the future. It implements one of the key actions in theLoddon Mallee South Regional Growth Plan.

The amendment will facilitate the development and use of

approximately 313 hectares of land in Marong for a businesspark intended to provide an estimated 30 years supply ofindustrial and complementary land uses.

The amendment proposes to rezone the land from aFarming Zone to a Comprehensive Development Zone, toapply a Public Acquisition Overlay, a DevelopmentContributions Plan Overlay and a Heritage Overlay to theland.

It also proposes to apply an Environmental Significance

Overlay to land adjoining the proposed business park for thepurpose of a land use buffer.

Proponent: City of Greater Bendigo

No. of submissions: 27 (comprising 17 opposing, 10 supporting)

Key issues: Strategic justification for a business park in GreaterBendigo

Net community benefit

Compulsory acquisition of land and strategic justificationfor the Public Acquisition Overlay

Need for buffers between sensitive uses and thebusiness park and justification for the Environmental


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Significance Overlay

Support for more industrial land by local industries

Hydrogeological conditions of the site and impacts ofdewatering

Traffic impacts

Developer contributions Loss of agricultural land

Sewer and water supply

Character of Marong

Changes to Amendment recommended by Panel andOfficer, including translation of some planningrequirements to a new schedule to the Development PlanOverlay

Whether the Amendment should be split into two parts

Recommendation: That Council split Amendment 161 to the Greater Bendigo

Planning Scheme into two parts.

Adopt Part 1 with changes, including rezoning the land forthe business park, and applying the EnvironmentalSignificance Overlay 6, the Development Plan ContributionOverlay 1, Development Plan Overlay 29, Heritage OverlayHO862 and the Public Acquisition Overlay 6 to only theproposed drainage corridor and request Approval from theMinister for Planning.

Defer a decision on Part 2 (Public Acquisition Overlay 6

applying to the business park) for further analysis, andrequest a further 2 years from the Minister to make adecision on Part 2.

Policy Context

City of Greater Bendigo Council Plan 2013 2017 (2015-2016 update)

Planning for Growth

2.1 Greater Bendigo delivers major projects while maintaining its unique character,accommodating a growing population and diversifying the economy.

2.1.5 Progress the Marong Business Park Planning Scheme Amendment

Loddon Mallee Regional Growth Plan (2014)

11.2 Accelerate the development of the Marong Business Park as a key new locationfor industry and business.

13.2 Prioritise the implementation of the Marong Plan and Marong Business Parkdevelopment.


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This amendment stems from an analysis of industrial land supply and demandcommissioned by the City of Greater Bendigo. A two stage Bendigo Future IndustrialLand Strategy (BFILS) project was initiated in June 2005. The Stage 1 report wasprepared by Connell Wagner and SGS Planning and Economics Pty Ltd.

Council considered Stage 1 of the project in April 2006. Stage 1 involved a review of thesupply and demand for industrial land in the municipality. The report included analysis offuture industrial trends, including likely demand and supply issues for the Bendigo regionand noted the gradual decline in traditional labour-intensive and heavy industry and thegrowth of higher order, cleaner, high tech and higher skilled industrial uses. The reportdetermined that to meet demand for industrial land in Greater Bendigo to 2031, an extra270 hectares of industrial land was required. However, the report noted that a minimumof 2-3 times this amount of land would be required to provide the necessaryinfrastructure, support services, waste treatment and site buffers.

Council chose Marong West as the preferred location for future industrial growth and thesite of Greater Bendigos future business park, based on the strategic analysisundertaken in the Bendigo Future Industrial Land Strategy. The Marong West siteencompassed land bound by Yorkshire Road, Calder Highway, Houliston Road andCleary Road boundaries.

In December 2007, Council considered Stage 2 of the project, the Marong Business ParkAnalysis Project (2007), prepared by Connell Wagner which involved a detailed study of970 hectares of land west of Marong. Considerations included servicing, traffic andtransport, surface and groundwater, geotechnical and land productivity, land use, buffers,

sustainability, environmental and heritage.

The report recommended the use of the Special Use Zone with a Development PlanOverlay, with the need for other overlays identified, to address environmental issues,urban design and development contributions. The report concluded that the site could bedeveloped as an industrial business park and identified further work to be undertaken toprogress the proposal.

Councils vision for the business park was a sustainable, attractive and functionalbusiness and industrial community that offers employees and employers the opportunityto work in a high quality environment which supports the Greater Bendigo community

and region. The aim was to provide a site that meets industrys needs, is strategicallylocated and free of significant environmental constraints. The site needed to be wellbuffered from sensitive uses, and large enough to also accommodate support services.

Since the Marong Business Park Analysis Project (2007) was adopted, Council decidedto reduce the area for the proposed Business Park from 967 hectares to 313 hectares,with the reduction in the size of the land being a strategic decision in that it reduced theimpact and uncertainties for neighbouring landowners, whilst still providing a land supplyfor 20 to 30 years. However, the change to the size of the land has necessitated theneed for a land use buffer for the proposed business park, affecting some adjoining land.


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Also, further consideration was given to the most appropriate planning controls for theproposal. Consequently, the Comprehensive Development Zone is proposed for theMarong Business Park, as it allows greater flexibility than any other zone in the VictoriaPlanning Provisions as it can be tailored for particular uses.

The Loddon Mallee South Regional Growth Plan (2014)is the States strategic land useplan for the region to guide growth and change for the next 30 years. The Plan statesthat Bendigo will accommodate the majority of growth in the Loddon Mallee South regionover the next 30 years. It states the city is expected to continue to experience strongand steady population growth to 2041, with a projected population of 150,000. This Plansets an aspirational population target for Bendigo close to 200,000 people to help driveinvestment and economic growth in the region.

Actions of the Loddon Mallee Regional Growth Plan include accelerating thedevelopment of the Marong Business Park as a key new location for industry andbusiness and prioritising the implementation of the Marong Plan and Marong Business

Park development.

The key steps in the Amendment process are summarised below:

We are at thispoint

Send to Minister for Approvaland Gazettal

Council decides to Adopt orAbandon the Amendment

Council requests an IndependentPanel to consider submissions

Submissions received

Public Exhibition of Amendment

Council decides whether to seekMinisterial Authorisation

Amendment prepared

Panel Hearing held


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Previous Council Decisions

19 April 2006 Council resolved to endorse Stage 1 of the Bendigo Future IndustrialLand Strategy and authorised Connell Wagner to proceed with a detailed study of theMarong West site.

19 December 2007 Council resolved to endorse the Marong Business Park AnalysisProject and support the use of the Special Use Zone, with a Development Plan Overlayand acknowledge other overlays were likely to be required. Council endorsed thecommencement of the implementation process (including rezoning) and resolved to seekGovernment support for the completion of various studies and analysis identified in thereport.

15 June 2011 - Council adopted the Marong Plan (2010).

22 October 2014 Council resolved to request the Minister for Planning authorise

Council to prepare and exhibit Amendment C161 to the Greater Bendigo PlanningScheme.

27 May 2015 Council resolved to request the Minster for Planning appoint anIndependent Panel to consider all submissions.

Report

The attached Explanatory Report details the purpose and effect of the Amendment andprovides the strategic justification for the Amendment.

Land affected by the Amendment

The subject site is known as 104 Carters Lane & 20 Yorkshire Road, Wilsons Hill. Theland proposed to be rezoned for the Marong Business Park is located approximately 500metres west of the Marong township, as shown above in Figure 1. It is locatedapproximately 16 kilometres west of the Bendigo CBD and is outside the Urban Growth

Boundary.


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The land is generally bounded by Calder Highway to the north, an unmade vegetatedroad reserve to the west, Sandhurst-Inglewood railway line and Yorkshire Road to thesouth. The proposed business park site comprises an area of approximately 313hectares.

The site is generally flat and has been used for grazing and cropping for over 100 years.It is mostly cleared with the exception of a patch of native vegetation located centrallywithin the site and some scattered trees. The land contains a dwelling (formerly theYorkshire Hotel) and outbuildings in the south eastern corner of the site and a number ofdams. Access to the dwelling is currently via Yorkshire Road, with another access via agravel crossover to Calder Highway near the centrally located patch of native vegetation.

The subject site has a frontage of approximately 4.66 kilometres to the Calder Highway.The land is currently zoned Farming Zone and is not affected by any overlays. TheCalder Highway abuts the site to the north east and is zoned Road Zone 1. The railwayline to the south is zoned Public Use Zone 4. The land in the surrounding area is zoned

Farming Zone and used for farming with associated dwellings and outbuildings, withBullock Creek and Dry Creek affected by an Environmental Significance Overlay 1.

What the Amendment does

The exhibited Amendment proposes to:

Rezone the land for the Marong Business Park from Farming Zone to ComprehensiveDevelopment Zone Schedule 3 (CDZ3).

Apply the Public Acquisition Overlay 6 (PAO6) to the proposed site and proposeddrainage corridor to Dry Creek.

Apply Development Contributions Plan Overlay 1 (DCPO1) to the proposed site.

Apply the Environmental Significance Overlay 6 (ESO6) to properties surrounding thenorthern end of the proposed Marong Business Park.

Apply the Heritage Overlay (HO862) to the former Yorkshire Hotel environs.

Amend Clauses 21.01 (Municipal Profile), 21.02 (Key Issues and Influences), 21.04(Strategic Directions), 21.07 (Economic Development), 21.09 (Infrastructure), 21.10(Reference Documents), 22.05 (Industrial Policy) to provide strategic justification forthe Amendment in the Planning Scheme.


Exhibition Procedures

The Amendment was exhibited for six weeks from 19 February 2015 to 2 April 2015.

Notice was provided in the following manner:

Individual notices to owners and occupiers of land affected by the Amendment. Notices to prescribed Ministers under Section 19(1)(c) of the Planning and

Environment Act.

Notices to all authorities materially affected under Section 19(1)(a) of the Act.

Public notice of the Amendment in the Bendigo Advertiser on 18 February 2015 and21 February 2015.

Publication of the notice of the Amendment in the Government Gazette on 19February 2015.

Access on-line.


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Community information session held on 12 March 2015 at Marong Hall, attended byapproximately 35 people.

Community bulletin distributed to residents and businesses in the Marong andBridgewater areas.

Media release.

Submissions

A total of 27 submissions were received. Twenty-one (21) were received during theexhibition period, with 5 late submissions received shortly after the closing date, onefurther submission received after the independent Panel had been appointed.Submissions were received from referral authorities, affected landowners, otherresidents and landowners, and local businesses.

The key issues raised by the submitters included:

Compulsory acquisition of land

Hydrogeological conditions of the site and impacts of dewatering Support for more industrial land by local industries

Industrial land supply and demand analysis

Loss of agricultural land

Sewer and water supply

Buffer area

Traffic impacts

Developer contributions

Character of Marong

Devaluation of property

Emergency services

All submitters will be notified of Councils decision resulting from this report.

The Panel Hearing

The Minister for Planning appointed an Independent Panel to consider the Amendment.The Hearing was held on 9, 10, 11, 12, 16 and 17 November and 14 January. The Panelhas considered all written and oral submissions and material presented to it inconnection with the Amendment.

The Panel Report and Recommendations

The Panel Report was received on 15 February 2016 and contained 5 recommendations.Under Section 26 of the Planning & Environment Act 1987, the panel report wasautomatically released on 14 March 2016 to the public, 28 days following its receipt.

In summary, the Panel recommended the Amendment be adopted with changes.


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Key Issues

Strategic justification for rezoning

In 2012, the City commissioned a Review of Demand and Supply for Industrial Land inGreater Bendigo (SGS Planning and Economics, 2012). The report estimated 202hectares of industrial land was required, at a minimum, to provide for a conservativeforecast of 3,270 jobs by 2041. If the land was consolidated into a business parklocation, then a further 360 jobs, or a total of 3,630 jobs, would be created. It also statedthat Greater Bendigo could have anywhere between 460,000 and 620,000 squaremetres of additional industrial floorspace occupying between 135 hectares and 243hectares of industrial land.

The Panel report stated that the 2012 Industrial Land Review supports the extent of

industrial land proposed by the Amendment.

The Panel accepted that the Amendment and business park will result in a positive netcommunity benefit, and stated that the benefits will far outweigh the negative impactsthat will be experienced by landowners affected by the Amendment. The business parkwill provide between 3,600 and 6,000 jobs, depending on the rate of growth inemployment that occurs over time.

Councils submission to the Panel noted that of the 3,270 jobs estimated by SGS to becreated by 2041, 950 are manufacturing related, 700 are freight related jobs, 1,100 areservicing manufacturing and construction jobs, and 450 are utilities jobs. The projected

demand for industrial land in Greater Bendigo comprises manufacturing (26%) freight(45%) service industry (24%) and utilities (6%).

The Panel also noted that the Amendment has broad level existing State planning policyto strategically support the Amendment. The Loddon Mallee South Regional Growth Planstates that the development of the Marong Business Park is a priority for the region as itprovides significant employment opportunities and land for important economic sectorsand supply chain links such as food processing and freight.

While the Panel was somewhat critical of Councils site selection process, in that the sitewas identified prior to all the studies being done, it was satisfied that there was sufficient

strategic justification for the proposed rezoning and supported by adopted plans,strategies and studies.

The City believes its site selection methodology was rigorous. The initial assessmentwas undertaken in 2006 for a total of 7 sites, which included Marong West, Marong East,Myers Flat, Goornong/Elmore, Bagshot, Sebastian/Woodvale and Ravenswood. Thesesites were assessed against a set of siting and locational criteria, with the primary criteriabeing:

Ability to meet land area needs;

Unconstrained by nearby sensitive uses;

Free from significant environmental constraints; B-double capable highway access;

Access to rail;


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Ability to bypass city centre when accessing Melbourne;

Access to Bendigo township

The above sites were reassessed in 2009, together with an additional site, known asMarong South, before Council confirmed the Marong West site as the most suitable site

for the proposed business park and resolved to proceed with this Amendment.

In its report, the Panel noted that the original score given for access to rail was nolonger accurate given the dilapidated state of the decommissioned rail line, and that theElmore site had the same score for ability to meet land area needs, and rankedreasonably well against the secondary siting criteria. However, it is noted that even afterall sites were reassessed against the criteria in 2009, with the access to rail criteriaexcluded, the Marong West site still ranked as the best site.

Loss of agricultural land

Evidence was presented at the Panel hearing about the agricultural quality of the land, itsimpact on regional productivity and the impact on viability of the landowners farm,should land be compulsorily acquired.

The Panel accepted that the proposal will result in a loss of good quality (not high value)agricultural land, but that this loss would be offset by broader positive economic impacts.It concluded that any adverse impacts of the Amendment on agricultural land would bemanageable.

Buffer

The Amendment proposes to apply the Environmental Significance Overlay Schedule 6(ESO6) to land adjoining the business park for the purpose of a buffer. The objectives ofESO6 are to ensure that any development in the overlay area does not prejudice thedevelopment of, and ongoing operation of, the Marong Business Park, and to minimisethe potential for future sensitive uses to be affected by off-site amenity impacts andreduce land use conflict.

As the ultimate uses within the business park are not known, the City proposed a bufferdistance of a total of 500 metres which would accommodate the recommendedseparation distances for the majority of industries as required by Clause 52.10 of thePlanning Scheme (Uses with adverse amenity potential) and the EPAs guidelines

(Recommended Separation Distances for Industrial Residual Air Emissions, EPA March2013). Fifty metres is proposed to be accommodated within the business park site, withthe overlay to extend over adjoining land for a distance of 450 metres from the edge ofthe business park, including the road and rail reserves.

The ESO is an appropriate planning control to address environmental risks. Theprecedent for the use of ESOs to provide buffers external to potential sources of odour ornoise emissions from incompatible development has been well established and iscommonplace around Victoria, and has generally been accepted by other planningpanels.


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There may be a contrary view that the ESO shouldnt be used to control the use of land,however ESOs have been approved by the Minister to control buffers around a range ofuses in the Loddon Mallee region, including a waste water treatment plant and reusecentre (ESO2 Mildura), Merbein Mushroom Plant (ES03 Mildura), an abattoir, an asphaltand crushing plant, a concrete batching plant (ES04 Mildura), a livestock exchange,waste transfer plant and pound (ESO2 Campaspe), and an abattoir (ESO2 CentralGoldfields), as well as elsewhere in the State, including power stations (ESO3 Moyne),broiler farms (ESO2 Murrindindi), noise from Winton Motor Raceway (ESO1 Benalla),sewerage treatment plant (ESO5 Moorabool and ESO4 Benalla), extractive industry(ESO1 La Trobe) and port industries (ESO5 Greater Geelong).

The Department of Environment, Land, Water and Plannings publication Using VictoriasPlanning Systemstates that the ESO has a role in both conservation and protection, aswell as containing and controlling development where risk is posed to property, health,amenity and safety.

Submissions raised concerns about the application of this overlay on the basis that anyrequired buffers should be contained within the business park and not affect other land,and that the overlay would restrict a landowners ability to use and develop their land.

While the Panel accepted that the ESO can be used to manage interface issues betweenincompatible land uses, it recommended that the ESO6 not be applied as part of theAmendment because:

There is insufficient justification.

An ESO should be considered as part of any future amendment to rezone theadjoining land for residential purposes, and any future ESO schedule should betailored to reflect Marong Business Parks specific circumstances.

Council should consider introducing a bufferrelated policy for the Marong Business

Park in Clause 22.05.

The setback provisions in the Comprehensive Development Zone 3 are satisfactoryand will guide the preparation of a precinct development plan and planning permitapplication.

The basis for the Panels recommendation was that farming is a primary industry, and itis likely that existing residents living in the Farming Zone area already experience earlymorning and ongoing noise from farming activity, and it was unlikely that a relativelysmall number of dwellings that could establish within 450 metres of the business parkwould adversely impact on its operation. It further stated that the business parks 50metre building setback and the Calder Highway road reserve would provide appropriatesetbacks for many industrial uses seeking to locate closer to the highway.

It is recommended that Council does not accept the Panels recommendation to deletethis overlay from the Amendment. The overlay is an important planning control that willhelp achieve Councils vision for the business park, being to provide a well buffered andsustainable supply of industrial land for the next 30 years. There are many interfaceproblems already in existence in Bendigo and the proposal seeks to avoid creating futureland use conflicts.


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The use of buffers on adjoining land is an accepted outcome, provided the impact ofsuch buffers on the particular land is not unreasonable. The imposition of the ESO6 willhave no effect on farming activities as its main purpose is to require a permit fordwellings, and it will greatly assist in avoiding future encroachment issues which can bereasonably anticipated.

The overlay is the most appropriate planning tool available in the Victoria PlanningProvisions in order to trigger the need for a permit for specific types of development andallow Council to consider the likely amenity impacts when a development associated witha sensitive use is proposed. The overlay is necessary as the threshold distances forindustrial uses specified in Clause 52.10 (Uses with adverse amenity potential) of theplanning scheme, do not apply to sensitive uses within the Farming Zone, but Clauses13.04-2 (Air quality), 17.02-1 (Industrial land development) and 17.02-2 (Design ofindustrial development) all require consideration of the EPAs Recommended SeparationDistances for Industrial Air Emissions.

The Panels view was that the Farming Zone provides little opportunity to intensifysensitive land uses to the point that would affect the operation of the business park, andthat State planning policy refers to applying appropriate buffers to settlement, not farmingland. However, the EPAs Recommended Separation Distances for Industrial AirEmissions require the consideration of separation distances from any sensitive use,including a single dwelling, not just an urban settlement. The ESO6 specifically requireconsideration of the EPA guidelines, which are largely consistent with the thresholddistances in Clause 52.10.

There is potential for parcels within the Farming Zone to be consolidated into lots over 40hectares and developed with dwellings without the need for a planning permit. This could

result in a number of additional dwellings establishing within close proximity to thebusiness park. Dwellings within close proximity to the business park could reduce theattractiveness of the site for businesses, and stifle future expansion opportunities forbusinesses which establish within the site.

There is no statutory requirement for consideration of amenity impacts on dwellingswithin the Farming Zone for anything other than agricultural activities under currentplanning controls. Increasing the minimum lot size for an as of right dwelling for landsurrounding the business park by changing the Schedule to the Farming Zone wouldincrease the likelihood of permits being required for any new dwelling, however it will notenable Council to consider the likely environmental risks and amenity impacts of the

business park on such a use. This is why the ESO6 is required.

The City considers it essential to adopt the precautionary approach by applying theESO6 to protect the integrity of the business park in the long term. One of the key driversof this proposal was to provide suitable land unconstrained by possible land useconflicts.

The Panel was critical of the Citys proposal to apply the overlay given the ultimate useswithin the business park are not yet known. However, it is argued that the cumulativeimpacts of industry within a 313 hectare business park should not be underestimated.The impacts are likely to be vastly different from the typical impacts resulting fromagricultural activities, particularly in terms of noise and odour.


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The ESO6 will have minimal impact on agricultural use on neighbouring farms. Thedevelopment of outbuildings, sheds and stables will be exempt from permit requirements.

Following the release of the Panel report, the City has consulted further with the EPA,who has confirmed its support for the application of the Environmental SignificanceOverlay. The EPA advised that separation distances are critical and a precautionaryapproach should be taken, with buffers put in place as early in the planning process aspossible. It is important to note that the EPA would not support the proposed zone in itscurrent form without an acceptable planning tool for a buffer in place. It advised that ifthere is no planning control in place to ensure separation distances are maintained,including provisions to assess new developments, then there is a significant risk thatamenity impacts will be experienced.

A report by an independent Ministerial Advisory Committee into Victorias EnvironmentProtection Authority, released in March this year, examined EPAs strategic approach toland use planning. The report recommended the development of strengthened land use

planning mechanisms to better manage and address conflicting land uses.Recommendation 10.3 of the report is: to develop, as a priority, strengthened land useplanning mechanisms that establish and maintain buffers to separate conflicting landuses, avoid encroachment problems, help manage health, safety and amenity impacts,and ensure integration with EPA regulatory requirements.

The report acknowledges that there are gaps between the planning and environmentalsystems. The separation distances in the planning system deal with risks posed by newindustrial development that will have amenity impacts, but they dont capture applicationsfor sensitive uses in areas with pre-existing buffers.

Section 10.3.3 of the report relates to providing effective buffers to manage futureamenity impacts. It states that the most effective approach to managing encroachmentissues is to provide for the formal separation of conflicting activities through planningscheme requirements, such as threshold distances that provide buffers. This issue is animportant area for integrating land use planning and environmental protection. In effectlicensing conditions establish the acceptable levels of emissions assuming a givenindustrial process and a given separation distance to avoid amenity impacts on sensitiveuses. These separation distances need to guide subsequent decisions made through theplanning system regarding the development and use of land that may be affected by thelicensed activity.

It further states that the planning system must clearly and consistently identify activitieswith amenity impacts, so that they can be addressed in all relevant planning decisions(for example, relating to sensitive uses). This approach also provides certainty forbusinesses, prospective land developers and the community. Providing clear andaccessible information about land that is subject to a buffer and about the expectationsfor potential amenity impacts is important for the planning system and environmentalregulations to operate effectively.


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While a local policy could be developed to discourage developments associated withinsensitive uses within the buffer, a local policy will not have the same weight as anoverlay, and in any case, will only be triggered when a planning permit application isreceived. The introduction of a policy would also require the preparation of anotherplanning scheme amendment. A policy would not be as transparent to purchasers, as itwould not appear on a Planning Certificate, whereas an overlay would be listed.

The Panel also suggested Council could use the Industrial 3 Zone on part of thebusiness park site for the purpose of a buffer. While this zone is used for sensitiveinterfaces, it offers less flexibility than the proposed Comprehensive Development Zone3, and all use and development for industry and warehousing would require planningpermits under this zone and notice of applications would be required.

Such a change would likely require a new Amendment process to be initiated. This zonewould mean less certainty for businesses about their ability to locate within the businesspark, without first going through a planning permit process. The Panel has not suggested

where this zone should be applied, but if the outer part of the business park was zonedIndustrial 3 Zone, the potential to provide for the range and scale of uses envisaged forthe site would be restricted, as the area of land available for heavy industry would besignificantly reduced. It is considered that the Industrial 3 Zone would not achieveCouncils vision to provide land buffered from sensitive uses and it would defeat theintent of the Amendment, which was to zone the land to allow for flexibility in the range ofuses.

Compulsory acquisition

Submitters objected to the compulsory acquisition of land for the business park and were

concerned about the loss of a significant part of a farming enterprise owned by the samefamily for several generations, and that the Public Acquisition Overlay (PAO) was notbeing applied for a public purpose or community benefit, rather for a commercialenterprise for resale to developers.

PAO for drainage corridorThe Panel supported the PAO being applied to the proposed drainage corridor, althoughit suggested that other options to secure the use of that land, such as an easement, beexplored. It is recommended that Council adopt the PAO for the proposed drainagecorridor as ownership of the drainage corridor is seen as the best option to enable theefficient management of drainage infrastructure into the future, and as the landowners do

not support the Amendment it is likely that they would not agree to an easement overtheir land.

PAO for Business ParkThe Panel did not support the Public Acquisition Overlay 6 being applied to the proposedbusiness park site. Despite finding that there is justification for a 313hectare businesspark in the Greater Bendigo region to serve regional needs, and the rezoning of thesubject land is strategically justified and appropriate for a future business park, it foundthat there is insufficient justification to apply PAO6.

The Panel considered from a strategic planning perspective, whether applying PAO6 isjustified and appropriate.


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The report states: In the absence of specific guidance about the application of a PAOand from a review of information referred to it by Council, experts and submitters, thePanel considers that applying PAO6 for a public purpose that is not a public use shouldseek to meet the following criteria:

1. Clear evidence that there is no other suitable alternative available within the definedcatchment.

2. If there are no suitable alternatives, the PAO is being applied for a public purpose bydemonstrating, among other matters:a. Net community benefit in the interest of the defined population catchmentb. Council will acquire and develop the subject land for the duration of the project.

3. The land being acquired is supported by specific existing planning scheme policy andprovisions.

4. The intended outcomes cannot be ultimately met without the PAO.

The Panel believed that there is no exceptional circumstance to warrant the PAO, andthat there is currently no urgency to provide for industrial land. The Panel also stated thatit was not convinced that the subject land is the only suitable land for a future businesspark in Greater Bendigo. It disagreed with Councils position that the upfrontdevelopment costs would make it unfeasible for the private sector to develop thebusiness park, and considered that on selling land after developing the first stage of thebusiness park did not constitute a public purpose where there are other sites which couldbe rezoned. The Panel considered that Councils aspirations for a future business parkcan be met without a PAO.

Given the significance of this project, and its long term planning horizon, it is consideredthat further discussion and thought about applying the PAO over the business park site iswarranted. It is therefore recommended that a decision on this part of the Amendment bedeferred. This would require the Amendment to be split into two parts.

Splitting the Amendment would allow Council more time to see how market forces mightimpact on development of the site, to determine whether the PAO is required. Deferring adecision would also allow more time for Council to provide further justification if it decidesthe PAO is required. This part of the Amendment would not need to be re-exhibited ifcouncil decided to adopt the PAO in the future. Landowners would be advised of any

future consideration of a decision on the PAO.

The alternative option would for Council to make a decision not proceed with the PAO forthe business park now. This would not prevent Council from revisiting this issue in thefuture via a new planning scheme amendment process if Council determined thatcompulsory acquisition of the land was necessary to facilitate the establishment of thebusiness park.

Environmental impacts

A number of submissions raised concerns regarding drainage, flooding, sand aquifersand groundwater. Evidence was presented about each of these issues at the PanelHearing.


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The Panel concluded:

The Marong Business Park draft layout indicates that a practical stormwater systemcan be designed and constructed.

Existing sand lenses do not preclude the subject land being developed as a business

park. Flooding and drainage issues can be addressed in a manner that does not preclude

the subject land being developed as a business park.

Additional investigations should be conducted at the detailed design phase toconfirm which adjacent properties will be impacted by dewatering of the sandlenses so that Council can provide them with alternative stock and domestic supply.

Postexhibition changes to water provisions in CDZ3 align with the Panels otherconclusions on site water and including them in the Schedule will better guide thepreparation of a precinct development plan and planning permit application.

Traffic and access

Submitters raised concerns about traffic impacts, including VicRoads who sought anumber of changes to the proposal. VicRoads requested the provision of roundaboutsinstead of traffic lights at the access points, and a change to the DevelopmentContributions Plan to provide for 100 per cent of the funding for the signalisation of theHigh Street and Calder Alternative Highway intersection, as opposed to a partcontribution.

Following exhibition of the amendment, further consultation was undertaken between theCity and VicRoads and agreement was reached on a number of matters.

At the Panel Hearing the Citys traffic expert demonstrated that roundabouts could bedesigned for the development, including for a bypass. Four access points wererecommended to provide the most efficient access to the site, and this was supported byVicRoads. The Panel was satisfied with this approach and found that it will provide forbetter distribution and more direct access to the site in terms of travel distance and time.

A Marong bypass location has not yet been determined, but an indicative location hasbeen shown on the strategic plans for Marong and this has been noted on the conceptplan for the business park. The future bypass will be a key feature in the operation of theCalder Highway from Mildura to Melbourne. As the business park will be staged, there ispotential to modify access to the site, should the bypass location change in the future. Abypass for Marong is desirable for the long term, but adequate access needs to beprovided for the business park in the short/medium term. Consideration of the bypasswould be given in any final design for the regional role of the highway, and anyassociated new freight routes that may be determined.

The Panel concluded that there are no traffic, transport or access reasons to abandonthe Amendment. The Panel recommended amending the requirements for an IntegratedTransport Plan listed in the Comprehensive Development Zone Schedule 3.

As such, traffic, transport and access issues are able to be resolved. Some changes to

the Development Contributions Plan will be required to reflect that roundabouts are to beprovided for access into the development.


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Development contributions

The proposed Development Contributions Plan (DCP) sets out developer levies to fundinfrastructure projects for the development including roadworks, intersections, drainage,cycle and pedestrian trails and public open space.

As noted previously, VicRoads had challenged the proposed contribution for thesignalisation of the intersection of High Street and Calder Alternative Highway. Anothersubmission argued that developer contributions will be a financial burden and make theland unattractive to industries.

The Panel concluded that the DCP is a fair and equitable mechanism for collecting leviesand funding projects associated with the Marong Business Park. It stated thatapportioning 37.6 per cent of the total project cost of signalising the intersection of HighStreet and Calder Alternative Highway to the Marong Business Park is justified. The

Panel stated that the DCP can be changed to reflect roundabouts instead of signalisedintersections without transforming the Amendment, subject to aligning with the DCPsexisting methodology.

Other IssuesThe panel considered issues relating to services and utilities, the character of Marong,emergency services and property values which were raised in the submissions received.

The Panel did not express any concerns or make recommendations in relation to thesematters.

Table 1. Panel Recommendations

Panel Recommendation 1:Amend Comprehensive Development Zone Schedule 3,as shown in Appendix D, to:


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(a) Change the precinct development plan(s) requirements to:

Require an environmental management plan to include an assessment againstthe Urban Stormwater Best Practice Environmental Management GuidelinesCSIRO May 2006.

Show and demonstrate arrangements for providing alternative water supply to

land adjacent to the relevant precinct, across Calder Highway or abutting the siteto the west, as contemplated in the report of RMCG Proposed Marong BusinessPark Potential for Offsite Impacts on Farm Dams, April 2014.

Require the management of sites on the edge of the Marong Business Park, at awidth of not less than 50 metres, including appropriate land uses and buffertreatments including landscaping and built form features.

Require the Roads Corporation to be consulted on building setbacks to CalderHighway.

Require an urban design framework to include building setback to all boundariesto facilitate drainage and buffer function.

Mandate the traffic impact assessment contents.

Delete the condition that limits intersection assessments, forming part o

20160629_Council_Agenda_29_June_2016

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