20180516 Council Minutes 16 May 2018 · 2020-01-14 · PAGE 1 Ordinary Meeting of Council VENUE:...

MINUTES

Ordinary Meeting of Council

6.00pm Wednesday 16 May 2018

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

VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo NEXT MEETING: Wednesday 20 June 2018 Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au

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

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

Council VisionCouncil VisionCouncil VisionCouncil Vision

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

Council ValuesCouncil ValuesCouncil ValuesCouncil Values

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

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

GoalsGoalsGoalsGoals

• Presentation and Managing Growth

• Wellbeing and Fairness

• Strengthening the Economy

• Environmental Sustainability

• Embracing our Culture and Heritage

• Lead and Govern for All

ORDINARY MEETING WEDNESDAY 16 MAY 2018 ORDER OF BUSINESS: ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 6

RESUMPTION OF STANDING ORDERS 6

CR WRIGGLESWORTH'S REPORT 7

DECLARATIONS OF CONFLICT OF INTEREST 8

CONFIRMATION OF MINUTES 9

1. PETITIONS AND JOINT LETTERS 11

2. PRESENTATION AND MANAGING GROWTH 12

2.1 PLANNING SCHEME AMENDMENT C226 - REZONE 1A RAILWAY STREET KANGAROO FLAT FROM GENERAL RESIDENTIAL TO INDUSTRIAL 3 ZONE, DELETE THE DEVELOPMENT PLAN OVERLAY 17 FROM 1A RAILWAY STREET & 239-249 HIGH STREET, KANGAROO FLAT

12

2.2 PLANNING SCHEME AMENDMENT C236 - APPLY THE PUBLIC ACQUISITION OVERLAY TO PART OF 264 HIGH STREET KANGAROO FLAT - ADOPT THE AMENDMENT

24

2.3 171 - 187 MCIVOR ROAD, STRATHDALE 3550 - AMENDMENT TO AN EXISTING PLANNING PERMIT (EXTEND LIQUOR LICENCE TRADING HOURS) TO ALLOW THE OPERATING HOURS TO BE FURTHER EXTENDED

30

2.4 5692-5694 CALDER HIGHWAY, KANGAROO FLAT 3555 - SUBDIVIDE LAND INTO 13 LOTS, CREATION OF RESTRICTION (BUILDING ENVELOPES), ALTERATION OF ACCESS TO A ROAD ZONE CATEGORY 1, AND REMOVAL OF NATIVE VEGETATION (2 REMNANT

39

PATCHES)

2.5 194 UPPER CALIFORNIA GULLY ROAD, CALIFORNIA GULLY 3556- SUBDIVISION OF LAND INTO THREE LOTS

65

2.6 CONNECTING GREATER BENDIGO: INTEGRATED TRANSPORT AND LAND USE STRATEGY UPDATE

78

3. WELLBEING AND FAIRNESS 83

3.1 GREATER BENDIGO MUNICIPAL EARLY YEARS PLAN PROGRESS REPORT

83

4. STRENGTHENING THE ECONOMY 88

5. ENVIRONMENTAL SUSTAINABILITY 88

6. EMBRACING OUR CULTURE AND HERITAGE 89

6.1 GREATER BENDIGO RECONCILIATION PLAN PROGRESS REPORT

89

7. LEAD AND GOVERN FOR ALL 97

7.1 FINANCE COMMITTEE REPORT AS AT 31 MARCH 2018 97

7.2 RECORD OF ASSEMBLIES 103

7.3 CONTRACTS AWARDED UNDER DELEGATION 113

8. URGENT BUSINESS 115

9. NOTICES OF MOTION 116

9.1 NOTICE OF MOTION: SUPPORTING, DIVERSIFYING AND GROWING OUR LOCAL FOOD ECONOMY

116

10. COUNCILLORS' REPORTS 117

11. MAYOR'S REPORT 120

12. CHIEF EXECUTIVE OFFICER'S REPORT 122

13. CONFIDENTIAL (SECTION 89) REPORTS 123

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

123

13.2 Confidential Report in accordance with Section 89(2 )(a) of the Local Government Act relating to a personnel ma tter

123

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 16 May 2018

PAGE 5

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

Cr Margaret O'Rourke Cr Jennifer Alden Cr Matt Emond Cr George Flack Cr Rod Fyffe Cr Andrea Metcalf Cr James Williams Cr Yvonne Wrigglesworth Mr Craig Niemann (Chief Executive Officer) Ms Kerryn Ellis (Director, Corporate Performance) Mr Bernie O'Sullivan (Director, Strategy and Growth) Mr Adrian Gasperoni (A/Director, Presentation and Assets) Mr Steven Abbott (A/Director, Health and Wellbeing) Mrs Jessica Clarke-Hong (Manager Governance)

APOLOGIES

Cr Julie Hoskin RESOLUTION Moved Cr Fyffe, seconded Cr Metcalf. That the apology of Cr Hoskin be received and Leave of Absence be granted from this meeting.

CARRIED

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time. RESOLUTION Moved Cr Fyffe, seconded Cr Flack. That Standing Orders be suspended to allow the conduct of Public Question Time.

CARRIED


PAGE 6

The Mayor, Cr O’Rourke acknowledged the City’s Commonwealth Games participants and medal winners, congratulating them on their excellent achievement. Cr O’Rourke also conveyed the sad passing of Mrs Esma Turner who attended the Council Meeting in February this year to receive a certificate of recognition for her tireless community work in the Huntly region. The Mayor conveyed deepest sympathy to Esma’s family and friends.

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

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

CARRIED


PAGE 7

CR WRIGGLESWORTH'S REPORT

Cr Wrigglesworth reported on her attendance at the following meetings and events:

- Public Transport Victoria Feedback Session (Heathcote to Bendigo Bus Service) - Regional Leaders Convention 21st Birthday celebrations – Community Leadership

Loddon Murray (now renamed LEAD Loddon Murray) - Heathcote Golf Club 90th Anniversary Dinner - Opening of the Garden of the Future – Bendigo Botanical Gardens - City Studio Information Session - Anzac Day Services – Axedale and Heathcote - Victorian Multicultural Commission – community stakeholder meeting - Asset Based Community Development and Empowerment Master Class with

Cormac Russell - Bendigo Tourism Board Strategic Planning Day. - Tour of Gurri Wanyarra Wellbeing Centre

"A few weeks back Councillors had a bit of fun as we ‘swam’ the Swim lanes in the empty pool at Gurri Wanyarra. You may have seen the video on Facebook. It makes me reflect on the importance of staying the path (or swim lane), for the long term. Our city and municipality should not underestimate the possibility of being left behind if we don’t make decisions for a strong future. These are the hard decisions. Decisions to invest, to build assets, to lay foundations for strong communities that can grow and build upon a regional city that is capable to advance our future. This only happens when decision makers ‘stay the path’. Many terms of councils will work and build upon previous efforts, this is not an individual pursuit it is a RELAY!! A definite endurance effort. Change is rarely seen overnight, from vision to realisation requires courage and conviction. To stay the path . It won’t help ‘jumping at shadows’ or rumours, disruptors or untruths. Bendigo is a city that gets things done, so as we ‘swam’ in the empty pool, I reflected on the brave decisions before us, made for the future, that stayed the path , and soon we will see this vision realised as Gurri Wanyarra Wellbeing Centre is opened and will be filled with people, sounds of splashing, laughter as people exercise and have fun. The controversial decisions and conversations of the past will be a distant memory to those accessing and enjoying such an awesome facility, thanks to the efforts leadership and of brave decision makers before them. I thank them for staying the path ".


PAGE 8

DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Gov ernment Act 1989 (as amended) direct and indirect conflict of interest m ust be declared prior to debate on specific items within the minutes; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect intere sts must also include the classification of the interest (in circumstances wh ere a Councillor has made a Declaration in writing, the classification of the i nterest must still be declared at the meeting), i.e. (a) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an app licable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on resi dential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interes t, must leave the meeting and remain outside the room while the matter is being c onsidered, or any vote is taken. Councillors are also encouraged to declare circumst ances where there may be a perceived conflict of interest. Nil


PAGE 9

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 18 April 2018. The following items were considered at the Ordinary Council meeting held on Wednesday 18 April 2018 at 6:00pm. • Proposed Budget for the Financial Year Ending 30 June 2019 • Response to Petition - Pedestrian Path Along Southern Side of Calder Highway,

Maiden Gully • Planning Scheme Amendment C161 - Marong Business Park Consider Panel Report

and Adoption of Part 2 of Amendment • 116-118 Bridge Street, Bendigo - Demolition of Existing Dwelling and Outbuilding;

Removal of Vegetation (Exotic); and Construction of One Dwelling (Two Storey); Outbuilding and Fences

• 189 Wattle Street, Ironbark - Demolition of Existing Dwelling; Outbuilding and Retaining Walls; Construction of a Dwelling (Two and Half Storey); and Ancillary Building and Works (including Swimming Pool, Fences and Decks)

• Lot 1 Collins Lane, Emu Creek - Use and Development of Land for Extensive Animal Husbandry and Associated Occasional Facility Hire

• 2 Albion Street, Kennington - Two Lot Subdivision and Construction of Two Dwellings • 729 Edwards Road, Marong - Use of Land for Motor Repairs and Vehicle Store (Truck

Parking) • CA 31A Eaglehawk-Neilborough Road, Neilborough - Use and Develo9pment of a

Dwelling • 12 La Valla Court, Junortoun - Removal of 1 Tree and Variation to Building Envelope • Integrated Municipal Emergency Management Plan • Draft Hard Court Facilities Strategy • 2017/18 Community Grants - Round 2 of 2 • 2018 Dudley House Community Hire Subsidy and Performance Subsidy - Round 2 of

2 • Cultural Diversity and Inclusion Plan - Progress Report • Potential Disposal of 49 Napier Street, Eaglehawk • Record of Assemblies • Contracts Awarded Under Delegation • Confidential Section 89 Report The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting.


PAGE 10

RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 18 April 2018, as circulated, be taken as read and confirmed. RESOLUTION Moved Cr Alden, seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

Petitions and Joint Letters Ordinary Meeting - 16 May 2018

PAGE 11

1. PETITIONS AND JOINT LETTERS

Nil.

Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

PAGE 12

2. PRESENTATION AND MANAGING GROWTH

2.1 PLANNING SCHEME AMENDMENT C226 - REZONE 1A RAIL WAY STREET KANGAROO FLAT FROM GENERAL RESIDENTIAL TO INDUSTRIAL 3 ZONE, DELETE THE DEVELOPMENT PLAN OVERLAY 17 FROM 1A RAILWAY STREET & 239-249 HIGH STREET, KANGAROO FLAT

Document Information

Author Frank Casimir, Statutory Planner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Summary/Purpose

Amendment details:

This is a Planning Scheme Amendment combined with a planning permit application. The Amendment proposes to: • Rezone 1A Railway Street, Kangaroo Flat from General

Residential Zone to Industrial 3 Zone and to; • Delete the Development Plan Overlay Schedule 17 (Former

Rocklea Mill Site, 239-249 High Street, Kangaroo Flat) from 1A Railway Street and from 239-249 High Street, Kangaroo Flat.

The planning permit application is for: • The subdivision of the land into 48 industrial lots, use and

development of the land for light industrial and warehousing purposes, creation of common property, reduction of car parking requirements and removal of native vegetation.

Proponent: Phileo Australia

Key issues: • The land use history of the site • Effects on residential/industrial land • Amenity impacts • Loss of native vegetation


PAGE 13

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Request the Minister for Planning to authorise Council to prepare Amendment

C226 to the Greater Bendigo Planning Scheme.

2. Agree to the request to consider the application for the planning permit concurrently with the Amendment.

3. When authorised by the Minister, exhibit Amendment C226 to the Greater

Bendigo Planning Scheme and the draft planning permit. RESOLUTION Moved Cr Metcalf, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

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

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021

Goal 3: Strengthening the economy • Advocacy, innovation and support to new jobs, attract visitors and diversify the local

and regional economy.

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

where we live.

Background Information

The land is commonly called the former Rocklea Spinning Mills Site. It was zoned Industrial 1 Zone and was used and developed for industrial purposes until around the end of the 1990s and early 2000s. After the industrial uses stopped, part of the land (now called 239-249 High Street) was rezoned to Commercial 2 Zone to enable its redevelopment into a bulky goods shopping centre. The other part (now called 1A Railway Street) was rezoned from Industrial 1 Zone to General Residential Zone for its eventual residential development.


PAGE 14

This Amendment was initially to rezone only the land at 1A Railway Street to Industrial 3 Zone and to delete the Development Plan Overlay Schedule 17 (DPO17, Former Rocklea Mill Site, 239-249 High Street, Kangaroo Flat) from it. After further discussion with the proponent, it was agreed that a planning permit application for the use and development of the land be lodged concurrently with the Amendment and also to delete the DPO17 from the adjoining land at 239-249 High Street. This change was required to ensure the best planning outcome in terms of urban design is achieved for the land located at 1A Railway Street and also because the development of the land at 239-249 High Street is now completed, rendering the DPO17 redundant. The key steps in the Amendment process are summarised below:

Figure 1: The Amendment process

Report

The Planning and Environment Act 1987 allows for a Planning Scheme Amendment to be initiated by a municipal Council, or a Council can respond to a request for an Amendment by any person or body.


PAGE 15

When requesting authorisation from the Minister for Planning, an Explanatory Report must be submitted that discusses the purpose, effects and strategic justification for the Amendment. Key issues identified in the Explanatory Report are summarised below. (Full copy attached). Land affected by the Amendment and the Permit The land affected by the Amendment is 239-249 High Street, Kangaroo Flat being Lot 1 PS621066 and 1A Railway Street, Kangaroo Flat being Lot 2 PS621066. The permit affects only the land at 1A Railway Street, Kangaroo Flat. The whole of the land is commonly known as the former “Rocklea Spinning Mills” site. The land at 239-249 High Street is zoned Commercial 2 Zone and is affected by the Development Plan Overlay Schedule 17 and partly by the Bushfire Management Overlay. The land at 1A Railway Street is zoned General Residential Zone and is affected by the Development Plan Overlay Schedule 17, the Bushfire Management Overlay and the Environmental Audit Overlay.

Figure 2: The current zoning of the land and of its surround


PAGE 16

Figure 3: An aerial photo of the land showing the developed and the undeveloped part

The land at 1A Railway Street, Kangaroo Flat has historically been covered with native vegetation. The land at 239-249 High Street, however, was historically developed with the buildings and structures associated with the Rocklea Spinning Mill and has been re-developed into a bulky good shopping centre. The total area of the land affected by the Amendment and permit application is approximately 7.5 hectares. The land is bounded by High Street (Calder Highway) on the western boundary along a distance of approximately 242 metres and by Railway Street to the east. Along the northern boundary, the land is bounded mainly by dwellings along a distance of approximately 305 metres. To the south, the land is bounded by light industrial buildings. The land can be accessed either from High Street or from Railway Street. The land is located on the northern periphery of the Kangaroo Flat South activity centre. At approximately 500 metres to the south of the land, is the Charter Hall Lansell Shopping Centre. To the north and across High Street to the west, the land is predominantly developed with dwellings. Across Railway Street to the east, is the Bendigo- Melbourne railway line and heavily vegetated public land. The subject land essentially consists of two distinct platforms with the ground surface dropping by approximately 8 metres from east to west. The western area is defined by a cut and fill platform where most of the Rocklea Spinning Mill buildings were located and where the current bulky goods shopping centre is. The eastern area is on the upper grounds and remains covered with vegetation.


PAGE 17

What the Amendment does and what the permit allows The Amendment proposes to:

• Rezone the land at 1A Railway Street, Kangaroo Flat from General Residential Zone to Industrial 3 Zone, delete the Development Plan Overlay 17 (Former Rocklea Mill Site, 239-249 High Street, Kangaroo Flat) from it and from 239-249 High Street, Kangaroo Flat.

The planning permit allows:

• Subdivision of the land into 48 industrial lots, creation of common property, use and development of the land for industrial and warehousing purposes, reduction of car parking requirements and removal of native vegetation.

Three building clusters are proposed to be constructed on the site and then subdivided into 48 lots/tenancies varying from 212 to 223 square metres each. Each unit will have two dedicated external car spaces and one space built internally for loading and unloading purposes. A total of 182 on-site car parking spaces are proposed to be provided with 96 allocated to specific tenancies and the remaining for communal car parking. The land will be cleared of all its vegetation with the appropriate offset provided.

Figure 4: The proposed subdivision plan. The site is shown edged orange.


PAGE 18

Social Impacts The Amendment will have no major adverse social impacts, mainly because of the history of the site, the nature of the surrounding land and the proposed use. The land was zoned Industrial 1 Zone (IN1Z) until August 2006 when it was rezoned to General Residential Zone. Except between 2006 and to date, the site has therefore been zoned industrial whilst having established residences abutting it. Rezoning the land to Industrial 3 Zone (IN3Z) is expected to have minimal impact on the amenity of the adjoining residences because the purpose of the IN3Z is to act as a buffer between residential zones and the IN1Z. This indicates that the use and development that the proposed IN3Z allows, will have no unacceptable adverse impacts on the amenity of the adjoining existing residences. Also, most land use and development in the IN3Z requires a planning permit. The lot size and the context of the land also limit the potential of the proposed rezoning to have a significant adverse impact on adjoining land. The lot size is relatively small and therefore the rezoning will not lead to large scale industrial development. Also, as the land is located at a slightly lower level compared to the adjoining dwellings, its rezoning and eventual development is unlikely to create material detriment for the adjoining residents. The report Micro Industrial Kangaroo Flat, Transport Impact Assessment by OneMile Grid dated April 2017 submits that currently Railway Street carries an average daily traffic volume of 2,522 vehicle movements. According to the same report, the proposed development will potentially increase this number by 543 or approximately 22%, with the largest vehicles expected to access the site being the City's waste collection trucks. This suggests that the proposed development is unlikely to increase heavy vehicle movements along this section of Railway Street. The industrial uses will also be wholly contained within the buildings. The remaining, undeveloped part of the land will be either landscaped or sealed for use as car parking and access ways. External service yards or open air storage do not form part of the proposal and there is a condition on the draft planning permit to implement this. As a result, there will be minimal impact on the amenity of the area in terms of dust or unsightliness. Economic Impacts The land has a number of constraints that would affect residential development, mainly because of its history and location and is therefore, best for industrial use. It abuts industrial or commercial land on two of its boundaries and it has been reported that there is a shortage of land for light industrial purposes in the municipality. One of the findings of the working paper Demand and Supply of Industrial Land in Greater Bendigo prepared by SGS Economics in 2012 is that there is an undersupply and a high demand for small, flexible industrial lots of approximately 500 square metres. The Amendment will therefore have a positive impact as it will allow for an increase in the light industrial land supply.


PAGE 19

The report Economic and Land Use Assessment - 1A Railway Street Kangaroo Flat by Urban Enterprise dated March 2017, states that one of the positive economic impacts of the development of this “micro-industrial estate” is the creation of 141-217 direct employment opportunities. This is expected to complement and strengthen the existing land use and economic function of this area of Kangaroo Flat, which includes core retail, bulky goods retail and light industrial businesses. The economic potential of this “micro-industrial estate” will therefore most likely outweigh the development of the site for residential purposes. This is because the land has not been identified in the Bendigo Residential Strategy, 2014 as a strategic site for residential development. This means that its development for industrial purpose will have no significant impact on the existing residential land supply and subsequently on the price of residential land. Environmental Impact The land is located in an urban area of the municipality and is not an environmentally sensitive area. It is affected by the Bushfire Management Overlay, but is not covered by any environmental or landscape overlays. The removal of vegetation and the fact that it is potentially contaminated are the key environmental issues to be considered in the case of this Amendment. A biodiversity assessment of the vegetation proposed to be removed was completed by Biosis in July 2016 and submitted as part of the Amendment documentation. The report identified the vegetation as remnant patches of vegetation and 13 scattered trees. Also according to the report, the site is relatively small and has been modified due to a history of vegetation clearing, slashing and on-going ground disturbance. For these reasons and especially given the location of the site, it is not considered that the removal of the vegetation will have an unacceptable impact on the natural environment. The Department of Environment, Land, Water and Planning supports the Amendment, however, requires that all vegetation to be removed to be offset. The site is covered by the Environmental Audit Overlay because it is considered to be potentially contaminated due its previous uses. However, as it has been historically covered with vegetation, it is reasonable to conclude that it is unlikely that it has been developed or used for a purpose which may have contaminated the soil. The main reason it is covered by the EAO is because it was previously proposed to be used for residential purposes. Its proposed use and development for industrial purposes, which are non-sensitive uses, do not require the site to be audited before it is used and developed. It is also to be noted that upon its development, most of the site will be either be covered with buildings or sealed driveways and carparks. As a result, any residual soil contaminants will remain confined. State Planning Policy Framework Clause 11.02 (Urban Growth) has as objective to ensure a sufficient supply of land is available for industrial purposes. The Amendment supports this clause as it will supply additional land for industrial and warehousing purposes.


PAGE 20

Clause 11.14-1(Loddon Mallee South, Planning for growth) has as objective to manage population growth and settlements. The Amendment is consistent with this objective because it will support Bendigo as a regional city and its population growth by offering a range of employment and services. Clause 12.01-2 (Native vegetation management) seeks to ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation. The Amendment and permit application are consistent with this clause because all native vegetation proposed to be removed, will be offset as provided in the permit conditions. Clause13.03-1 (Use of contaminated and potentially contaminated land) seeks to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The Amendment is consistent with this clause because as a precautionary measure, it is not proposing to delete the Environmental Audit Overlay from the land although the land is not proposed to be put to a sensitive use. Clause 13.05-1 (Bushfire planning) has as objective to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. The Amendment is consistent with this clause because the bushfire risks associated with the rezoning and future use of the land have been assessed and found to be acceptable. Clause 15.01-2 (Urban design principles) has as objective to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The Amendment is consistent with this clause as the preliminary development plans for the land indicate that the safety, public realm, pedestrian spaces and site context have all been considered and are achievable. Clause 17.02-1 (Industrial land development) has as an objective to ensure availability of land for industry. The Amendment is consistent with this clause because it will facilitate the availability of industrial land in a suitable area of the municipality. In addition, the deletion of the DPO17 from the site is suitable given this Amendment is part of a Section 96A planning application. The DPO17 is no longer required due to the certainty provided by the proposed land use and development. This certainty ensures adequate separation and buffer areas between sensitive uses and industry are maintained to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards. Local Planning Policy Framework The proposed Amendment reinforces the strategic direction sought by the LPPF, particularly as set out in Clause 21.01 in relation to the regional service role played by Greater Bendigo. The Amendment will provide for industrial development which promotes economic growth and results in high quality built form outcomes which are compatible with surrounding land uses.


PAGE 21

Clause 21.02-3 (Economic Development) sets out the key issues and influences for the economic development of the municipality. Among other strategies, it encourages the industrial diversification in the municipality. Moreover, this clause states that the Loddon Mallee South Regional Growth Plan (2014) has indicated that aside from residential growth, planning for employment growth is essential. This Amendment is consistent with this clause. Clause 21.05-8 (Managing risk) has an objective to manage development in areas of risk from bushfire and flooding. The land is in the urban area of the municipality and is prone to bushfire risks. A detailed assessment of the risks has determined that the subject land is suitable for the proposed use and development with the appropriate mitigating measures. Clause 21.07-6 (Economic Development, Industrial) has among other objectives, to encourage the diversification and expansion of the municipality’s industrial base. The Amendment is consistent with this clause as it will increase the supply of serviced industrial land. Clause 22.05 (Industrial Policy) has among other objectives, to ensure that an adequate supply of land for industrial development is available and maintained to meet the changing needs of industry. The proposal will provide land for industrial uses and in this regard complies with this clause.

Consultation/Communication

City Planning officers have consulted with the relevant internal departments and external authorities including statutory referral authorities for the Amendment and permit application for preliminary advice. Their responses are summarised in the table below.

Referral Comment

Regional Sustainable Development No objection. Support the Amendment.

Drainage No objection subject to conditions.

Landscaping No objection subject to changes to the landscaping plan.

Traffic No objection subject to conditions.

Department of Environment, Land, Water and Planning

No objection to tree removal subject to native vegetation removal offsets.

Powercor No objection subject to conditions relating to electricity infrastructure provision.

Coliban Water No objection subject to conditions relating to the provision of reticulated water and sewerage.

Downer (Gas) No objection subject to standard referral provision for certification.


PAGE 22

Country Fire Authority No objection to the Amendment and to the grant of the permit subject to one condition to put on the permit.

If the Amendment is authorised by the Minister for Planning, the Amendment documents and draft permit conditions will be publicly exhibited for a minimum of a month, as required under the Planning and Environment Act 1987. The City must give notice of the Amendment to all owners and occupiers who may be materially affected by an Amendment, together with prescribed Ministers and public authorities. The Amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper. During this process, the referral and service authorities will again be given direct notice of the Amendment and permit application.

Conclusion

The Amendment and planning permit application principally seek to allow the use and development of the land located at 1A Railway Street, Kangaroo Flat for light industrial and warehousing purposes and also to remove native vegetation. A number of preliminary investigations including traffic, bushfire risks, the quality of the vegetation and the suitability of the site for industrial development have been carried out. Planning officers have also carried out extensive preliminary consultation with referral and service authorities and none have raised any issues which may inhibit the Amendment. It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the Amendment and draft planning permit.

Options

Council has the option of:

• Supporting the Amendment proposal and making a request to the Minister for Planning to authorise preparation and exhibition of the Amendment and draft planning permit.

• Refusing the request to prepare an Amendment. Under the Planning and Environment Act 1987 there is no right of review of a Council's decision not to support preparation of an Amendment.

• Requesting further information. The Amendment application documentation is not sufficiently comprehensive for a request to the Minister at this time and would require considerable financial investment to address all issues. It is considered that further investigation would not resolve the critical issues of the proposal.

Resource Implications

Officer time will be required to prepare the Amendment documentation for authorisation, exhibition, manage the exhibition process and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees and extra costs incurred by the City as per the Policy for Private Planning Scheme Amendments adopted by Council.


PAGE 23

It is not expected that the Amendment will have a significant impact on future resources of the City.

Attachments

• Explanatory Report • Draft Permit


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2.2 PLANNING SCHEME AMENDMENT C236 - APPLY THE PUBL IC ACQUISITION OVERLAY TO PART OF 264 HIGH STREET KANGAROO FLAT - ADOPT THE AMENDMENT


Author Frank Casimir, Statutory Planner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Summary/Purpose

Amendment details: This Amendment applies the Public Acquisition Overlay (PAO) to part of the land at 264 High Street, Kangaroo Flat to allow its compulsory acquisition by the Council for the upgrade of an existing stormwater drain.

Proponent: City of Greater Bendigo

No. of submissions: 2 - supporting (none opposing)

Key issues: • The non-responsiveness of the affected land-owner to the Amendment.

RECOMMENDATION

That the Greater Bendigo City Council resolve to adopt the recommendations detailed for each of the submissions in this report and forward the adopted Amendment to the Minister for Planning to approve. RESOLUTION Moved Cr Emond, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

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Policy Context


Goal 4: Presentation and managing growth


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

Goal 5: Environmental sustainability

• Protect and enhance our environment, conserve our resources and increase resilience to a changing climate.


The key steps in the Amendment process are summarised below:

Figure 1: The Amendment process Part of 264 High Street, Kangaroo Flat (the affected land) is located in the path of an existing, open stormwater drain. Following complaints received from neighbouring landowners, the City's Engineering Unit determined that the drain needs to be upgraded to operate effectively and also to facilitate its on-going maintenance requirements. The City’s Property Services Unit requested this Amendment to apply the PAO as negotiations to acquire voluntarily were not successful.


PAGE 26

Previous Council Decisions

20 September 2017, Council resolved to:

"Commence the compulsory acquisition process to acquire land at the rear of 264 High Street, Kangaroo Flat that is currently used for drainage purposes to enable an upgrade of the drainage and longer term on-going maintenance to be undertaken by the City of Greater Bendigo."

13 December 2017, Council resolved to:

"Request the Minister for Planning to authorise Council to prepare Amendment C236 to the Greater Bendigo Planning Scheme and to exhibit it publicly."

Report

An Explanatory Report is attached and details the purpose, effect and strategic justification of the Amendment as required. Key issues identified in the Explanatory Report are summarised below. Land affected by the Amendment The land affected by the Amendment is part of 264 High Street, Kangaroo Flat. The total area of the land is approximately 1,450 square metres, of which approximately 338 square metres will be affected by the Amendment. The site is developed with a dwelling and associated sheds and is zoned General Residential Zone (GRZ) with no overlays. Across High Street to the east and to the south-east, the land is zoned Commercial 1 Zone while the remaining nearby land is zoned GRZ and predominantly developed for residential purposes. The open stormwater drain carries stormwater collected mainly from the Bunnings Warehouse and Lansell Crest Shopping Centre sites for discharge into the Bendigo Creek. The drain crosses an exclusively residential area before reaching the Bendigo Creek.


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Figure 2: The affected land What the Amendment does The Amendment proposes to make the following changes to the Greater Bendigo Planning Scheme: • Applies the Public Acquisition Overlay, (PAO8) to part of 264 High Street, Kangaroo

Flat; • Amends the Schedule to Clause 45.01 (PAO) to identify the land and acquiring

authority for the upgrade of stormwater drainage infrastructure.


Exhibition Procedures The Amendment was exhibited for one month from 15 February to 19 March 2018. Notice was provided in the following manner:

• Individual notices to owners and occupiers of land affected by the Amendment, including notice by registered mail to the landowner.

• 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 14 and 17 February

2018 and; • Publication of the notice of the Amendment in the Government Gazette on 15

February 2018. • Access on-line on the City of Greater Bendigo website at www.bendigo.vic.gov.au

and on the Department of Environment, Land, Water and Planning website at: www.delwp.vic.gov.au/publicinspection


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Submissions Two submissions were received to the Amendment during the exhibition period.

Submitter 1: James Fisher – 266 High Street Kangaroo Flat

Supports/Objects Officer Response & Recommendation

Supports. Note the submission. Recommendation No change to the Amendment.

Discussion This Amendment is site specific and affects only an unused and undeveloped part of the residential property where there is currently an open drain. Other than allowing for compulsory acquisition, it has no significant effect. This is evidenced by no opposing submissions being received to the Amendment, including from the landowner. As required under the Act, notice of the Amendment was sent to the landowner as part of the public exhibition process. Following this, the landowner’s representative contacted the City's Planning officer for more clarification. The purpose of the Amendment was thoroughly discussed with the landowner’s representative to ensure fairness in the process of the Amendment. At the close of the exhibition period and to date, neither the landowner nor their representative has made a submission to the Amendment.

Conclusion

No opposing submissions were received to this proposed Amendment and therefore, it can now be finalised and forwarded to the Minister for Planning for approval. Following this, the City can start the compulsory acquisition process to acquire the land to enable the upgrade of the drain. It is recommended that Council adopt the Amendment without changes and forward the adopted Amendment to the Minister for Planning to approve. This will complete the Amendment process.

Submitter 2 : Country Fire Authority – North Western Region

Supports/Objects Officer Response & Recommendation

No implication for CFA service delivery. Note the submission. Recommendation No change to the Amendment.


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Options

Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning authority may adopt an Amendment or part of an Amendment with or without changes. If a planning authority adopts part of an Amendment the Amendment is then split into two parts.


Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Minister for Planning. The City will also be required to pay the statutory fee of $462.20 for the Minister for Planning to approve the Amendment. In terms of future permit activity, there will be no change as a result of this Amendment and therefore minimal impact on the future operational resources of the City.

Attachments

• Submissions (2) • Explanatory report


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2.3 171 - 187 MCIVOR ROAD, STRATHDALE 3550 - AMENDM ENT TO AN EXISTING PLANNING PERMIT (EXTEND LIQUOR LICENCE TRADING HOURS) TO ALLOW THE OPERATING HOURS TO BE FURTHER EXTENDED


Author Luke Bott, Senior Planner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Summary/Purpose

Application details: Amendment to an existing planning permit (extend liquor licence trading hours) to allow the operating hours to be further extended

Application No: AM/770/2015/A

Applicant: All Seasons Hotel

Land: 171 – 187 McIvor Road, Strathdale 3550

Zoning: Commercial 1 Zone

Overlays: N/A

No. of objections: 1

Consultation meeting:

Not required

Key considerations: • Compliance with the relevant State and local policy, with particular regard to Clause 22.27 – Licensed Premises Policy;

• Whether the proposed extended hours will result in adverse amenity impacts on the surrounding area;

• Whether the proposal is consistent with the intent of Clause 22.28 – Gaming.

Conclusion: The application is inconsistent with the Greater Bendigo Planning Scheme and the intent of Clause 22.27 – Licensed Premises Policy and Clause 22.28 – Gaming. It is recommended that Council refuse to grant an amended planning permit as the extended hours proposed do not present an acceptable planning outcome with regards to the impact on the amenity of the area.


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It is also considered that the proposal may have adverse social impacts on the community due to the increased hours available for gaming facilities.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Refusal to grant an amended permit to extend the liquor license trading hours at 171 – 187 McIvor Road, STRATHDALE for the following reasons:

1. The amended planning permit application is inconsistent with State and local policy with particular regard to Clause 22.27 – Licensed Premises Policy and Clause 22.28 – Gaming of the Greater Bendigo Planning Scheme.

2. The proposed extended hours will have adverse impacts on the amenity of the area.

3. The proposal will have adverse social impacts on the community due to the increased hours available for gaming facilities.

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

CARRIED

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Policy Context



where we live.


The subject site is a large allotment which comprises the All Seasons Hotel. The site is located within the Commercial 1 Zone and abuts land within the General Residential Zone to the north and west. Planning Permit DC/770/2015 was issued for ‘Extend liquor licence trading hours’ on 19 January 2016. This permit allows the premises to close at 1:00am on Sunday to Wednesday and 3:00am on Thursday to Saturday (the current operating hours).


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This application seeks to amend this permit to extend the licensed trading hours to: • Sunday to Wednesday – 8:00am to 3:00am; and • Thursday to Saturday – 8:00am to 4:00am.

Report

Subject Site and Surrounds

The site has an area of 3,078sqm and is formally known as Lot 2 on PS320373Y, CP 169608. It is rectangular in shape apart from an indentation at the south east, which contains the property at No. 191 – 193 McIvor Road (part of the hotel complex). It is located on the northern side of McIvor Road, between Crook Street (to the east) and Pilcher Street (to the west). The site has a frontage to McIvor Road and the northern section of the east boundary has a frontage to Crook Street. It is adjoined by residential properties to the north and west and the hotel property at 191 – 193 McIvor Road to the south east. The property to the east, on the opposite side of Crook Street, was approved in late 2016 for the subdivision of land into 33 lots and residential development. The land across the highway to the south-west is commercially zoned and directly to the south is residential.

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


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Figure 2 : Zoning map showing the subject site and surrounding area.

Proposal

This application is to extend the licenced trading hours from 1:00am to 3:00am on Sunday to Wednesday, and 3:00am to 4:00am on Thursday to Saturday.

Planning Controls - Greater Bendigo Planning Scheme

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

Clause 10.01 Integrated decision making Clause 15.01 Urban environment Clause 17 Economic development Clause 17.01 Commercial Municipal Strategic Statement

• Clause 21.01 Municipal Profile • Clause 21.04 Strategic directions • Clause 21.08 Environment Local Planning Policies

Clause 22.27 Licensed Premises Policy Clause 22.28 – Gaming Other Provisions

• Clause 34.01 Commercial 1 Zone • Clause 52.27 Licensed Premises • Clause 65 Decision Guidelines • Clause 66 Referral and Notice Provisions


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Referrals The following referral authorities have been consulted on the proposal:

Referral Comment

Victorian Commission for Gambling and Liquor Regulation (VCGLR)

The Commission does not intend to offer any comment or submission on the application.

Victoria Police

The Chief Commissioner is deferring determination of the matter until he is in receipt of a liquor application from the Victorian Commission for Gaming and Liquor Regulation.

Bendigo Safe City Forum The Bendigo Safe City Forum do not support the application as it does not align with their Licensed Premises Policy.

Public Notification The application was advertised by way of notice on the site and letters mailed to 17 adjoining and nearby owners and occupiers. One objection was received.

Planning Assessment

Compliance with the relevant State and local policy, with particular regard to Clause 22.27 – Licensed Premises Policy Clause 22.27 contains the following objectives: • To manage the future and existing development of licensed premises within the City

of Greater Bendigo. • To define the Entertainment Precinct and manage future and existing development. • To manage the location, patron capacity and hours of operation of licensed premises

to protect the amenity of surrounding areas. • To reduce the incidence of anti-social behaviour and the subsequent impact on the

amenity of the area. The following sections of the policy are of particular relevance to this application: It is policy that: As a minimum requirement all licensed premises within the City of Greater Bendigo will achieve the following:

Amenity � The operation of the licensed premises will not permit or cause undue detriment to

the amenity of the area to occur out of or in connection with the use of the premises.


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Location � The location of the licensed premises will not detrimentally impinge on residential

properties. � Cluster development of licensed premises will not be encouraged outside the

Entertainment Precinct. � New licensed premises will be discouraged from locating in a residential zone or

within a 100 metre buffer area from a residential zone. � Extended hours for existing licensed premises in a residential zone or within a 100

metre buffer area from a residential zone will be discouraged.

Outside the Entertainment Precinct, the following hours of operation will generally be supported:

Sunday 10:00am to 11:00pm Good Friday 12:00 noon to 11:00pm Anzac Day (not being a Sunday) 12:00 noon to 1:00am the following morning On any other day 10:00am to 1:00am the following morning The proposed increase in licensed trading hours are from 1:00am to 3:00am on Sunday to Wednesday and from 3:00am to 4:00am on Thursday to Saturday. As the subject site is outside of the entertainment precinct, the policy recommends that the premises close at 11:00pm on Sundays and 1:00am on any other day. The proposal exceeds the recommended operating hours by four hours on Sundays, two hours on Monday to Wednesdays and 3 hours on Thursday to Saturday (noting that the current operating hours extend beyond those stipulated by Clause 22.27). As the extended closing times exceed the recommended hours by a significant margin (2 – 4 hours), there is a possibility that this may increase the incidence of anti-social behaviour, especially as a result of patrons waiting outside for limited transportation options. It is important to note that the following guidelines are provided in relation to the zoning of land surrounding a licensed premises:

� New licensed premises will be discouraged from locating in a residential zone or within a 100 metre buffer area from a residential zone.

� Extended hours for existing licensed premises in a residential zone or within a 100 metre buffer area from a residential zone will be discouraged.

As demonstrated by Figure 2 on page 3, the land which immediately surrounds the subject site to the north and west is included within the General Residential Zone. Given the location of the hotel complex within a residential area, with residential interfaces to the immediate north and west of the site, the proposed extended hours are discouraged by the policy. It is considered that the proposed extended hours will detrimentally impact on the nearby residential properties and are inappropriate, noting that they are specifically discouraged by this policy.


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Whether the proposal is consistent with the intent Clause 22.28 – Gaming Clause 22.28 Gaming seeks:

� To ensure the location of gaming machines and design and operation of facilities containing gaming machines minimise opportunities for convenience gaming and the incidence of problem gambling.

� To protect the amenity of existing uses surrounding gaming venues. It is considered that the proposed extended hours will facilitate and encourage convenience gambling and the incidence of problem gambling. As such, it is considered that the proposal will have adverse social impacts on the community due to the increased hours available for gaming activities. As noted in the response to Clause 22.27, it is considered that the proposed extended hours will have an adverse effect on the amenity of the surrounding residential area. Compliance with the Commercial 1 Zone 34.01-2 - Use of land

A use must not detrimentally affect the amenity of the neighbourhood, including through the: � Transport of materials, goods or commodities to or from the land. � Appearance of any building, works or materials. � Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,

soot, ash, dust, waste water, waste products, grit or oil. 34.01-8 Decision guidelines

General � The State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies. � The interface with adjoining zones, especially the relationship with residential

areas.

Use � The effect that existing uses may have on the proposed use. � The drainage of the land. � The availability of and connection to services. � The effect of traffic to be generated on roads. � The interim use of those parts of the land not required for the proposed use.

As explained in the response to Clauses 22.27 and 22.28, it is considered that the proposed extended hours will have an adverse impact on the amenity of the surrounding area due to emissions of noise. It is considered that the interface with the adjacent residential areas is an incompatible land use setting for the proposed extended hours. As such, the proposal does not meet the underlined sections of the above clauses.


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Compliance with the Decision Guidelines at Clause 65 Clause 65 Decision guidelines provides a range of standardised decision guidelines that a responsible authority must consider as appropriate before deciding on a permit application or the approval of a plan, which ensures consideration and integration of all issues as part of the decision making process.

Contained within Clause 65.01 are the following decision guidelines which are relevant to this application:

• The orderly planning of the area. • The effect on the amenity of the area.

It is considered that the proposed extended hours will have a detrimental impact on the amenity of the area. The impact of the proposed extended hours upon the surrounding residential area is contrary to the orderly planning of the area. Response to Objections One objection has been received which states: “An increase in trading hours will increase the probability of noise which will cause a negative impact on the amenity of the neighbourhood…. The extension of operating hours raises concerns over an increased access to gambling and consumption of alcohol. From a community perspective this is an undesirable social outcome.” Whilst only one objection has been received, the matters raised within the objection are compelling and it is considered that these matters have adequate substance to support the refusal of the application, as outlined throughout this report. Referral Responses Whilst Victoria Police and the Victorian Commission for Gambling and Liquor Regulation have not objected to the application, both authorities are deferring determination of the matter until a liquor license application is lodged. Council can still make a decision without the input from Victoria Police and the Victorian Commission for Gambling and Liquor Regulation. It is important to note that whilst these authorities have not objected to this application, they may object to a future liquor license application. The Bendigo Safe City Forum has provided a clear position on the proposal, stating that it does not support the application as it is inconsistent with their Licensed Premises Policy. It is important to note that the suggested hours of operation as contained within the Bendigo Safe City Forum Licensed Premises Policy 2004 are the same as the hours contained within the Greater Bendigo Planning Scheme Licensed Premises Policy, which was introduced in 2006.


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Conclusion

It is considered that the approval of an amended permit would result in an unacceptable planning outcome which is inconsistent with the policy directions of Clauses 22.27 – Licensed Premises Policy and Clause 22.28 – Gaming of the Greater Bendigo Planning Scheme with regard to the impact on the amenity of the surrounding area and the social impact on the community. The refusal of the application is recommended.

Options

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

Attachments

• Objection


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2.4 5692-5694 CALDER HIGHWAY, KANGAROO FLAT 3555 - SUBDIVIDE LAND INTO 13 LOTS, CREATION OF RESTRICTIO N (BUILDING ENVELOPES), ALTERATION OF ACCESS TO A ROA D ZONE CATEGORY 1, AND REMOVAL OF NATIVE VEGETATION ( 2 REMNANT PATCHES)


Author Luke Bott, Senior Planner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Summary/Purpose

Application details: Subdivide land into 13 lots, creation of restriction (building envelopes), alteration of access to a Road Zone Category 1, and removal of native vegetation (2 remnant patches)

Application No: DS/513/2017

Applicant: C J Smith

Land: 5692-5694 Calder Highway, KANGAROO FLAT 3555

Zoning: General Residential Zone Road Zone 1

Overlays: Bushfire Management Overlay

No. of objections: 4


A consultation meeting was held on 11 January 2018 and was attended by the applicant, client, objectors and one Ward Councillor.

Key considerations: • Compliance with the Planning Scheme • Environmental impacts / risk (native vegetation, bushfire) • Traffic impacts • Out of character for neighbourhood

Conclusion: The site is located within the Bendigo Urban Growth Boundary, is well connected to the transport network and within reasonable distance to shops and community services. The proposed subdivision layout and density is greater than what is typified in the immediate area, however, this is supported by the purpose of the zone and key State and local policies.


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Potential environmental and traffic impacts can be appropriately managed and mitigated.

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 13 lots, creation of restriction (building envelopes), alteration of access to a Road Zone Category 1, and removal of native vegetation (2 remnant patches) at 5692-5694 Calder Highway, KANGAROO FLAT 3555 subject to the conditions at the end of this report. MOTION Moved Cr Alden, Seconded Cr Metcalf. That Greater Bendigo City Council resolve to refuse to grant a planning permit for the subdivision of land into 13 lots, creation of restriction (building envelopes), alteration of access to a Road Zone Category 1 and removal of native vegetation (2 remnant patches) at 5692-5694 Calder Highway, Kangaroo Flat on the following grounds:

1. The proposal would result in a detrimental impact on the landscape and neighbourhood character of the area by reason of the subdivision layout and loss of vegetation contrary to clauses 22.01, 22.08, 32.08 and 56.01 of the City of Greater Bendigo Planning Scheme.

LOST

MOTION 1 Moved Cr Fyffe, seconded Cr Williams. That Greater Bendigo City Council resolve to adopt the officer recommendation, with the alteration to condition 7 as follows: LANDSCAPE PLAN Before a statement of compliance is issued for each stage of the subdivision a landscape plan for the relevant stage must be submitted to the satisfaction of the responsible authority. When approved, the landscape plan will be endorsed and then form part of the permit. The plan must provide for the landscaping of the common property with a vegetation management plan generally in accordance with the requirements of clause 22.01 of the City of Greater Bendigo Planning Scheme whilst also adhering to the defendable space requirements of the Bushfire Management Plan endorsed under this permit.

CARRIED


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Cr Metcalf called for a division on the voting for Motion 1. FOR VOTE - Cr O'Rourke (Mayor), Cr Flack, Cr Fyffe, Cr Williams, Cr Wrigglesworth AGAINST VOTE - Cr Alden, Cr Emond, Cr Metcalf ABSENT. DID NOT VOTE - Cr Hoskin

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

Policy Context


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

where we live.

Goal 5: Environmental sustainability

� Protect and enhance our environment, conserve our resources and increase resilience to a changing climate.

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


On 26 July 2016, Planning Permit DV/447/2013 was issued for the removal of native vegetation and creation of new access to allow the construction of a dwelling and outbuildings (which were never constructed). A Native Vegetation Credit Register – Allocated credit extract was issued on 10 April 2014.

Figure 1 : Approved area of native vegetation clearance


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An application to develop the land identified as 5692-5694 Calder Highway was received by the City of Greater Bendigo on 15 August 2017. At the time the application was submitted there was no Bushfire Management Overlay (BMO) covering the land. However, on 3 October 2017, the BMO mapping was updated in planning schemes across Victoria, which resulted in the site being entirely covered by the overlay. After referral to the Country Fire Authority (CFA), they requested a revised Bushfire Management Plan in their response dated 17 November 2017. The applicant provided the additional information on 5 December 2017. There were no objections received from any of the referral authorities, however, this was subject to conditions being placed in the planning permit. Four objections were received from surrounding residents, none of which have been withdrawn to date.

Report


The site is located approximately 1 kilometre south-east of Crusoe Reservoir, 1.6 kilometres south of Lansell Square shopping centre and 8.2 kilometres to the south-south-west of the Bendigo CBD (Figure 2). The property is irregular in shape and has a frontage of 41.4 metres and a maximum depth of 201 metres. The land falls from east to west, approximately 16 metres over the length of the property (~8% grade). There are no buildings occupying the site, however, there is a moderate amount of native vegetation with the more significant trees being located sporadically at the front and rear of the property. The streetscape is dominated by large, overhanging native trees that exist within the 60m road reserve. The larger sites also benefit from the established vegetation by providing screening from highway vehicles. The surrounding properties along the east of Calder Highway all accommodate medium to large residences with setbacks ranging from 43 to 103 metres. Opposite the site, on the west side of the highway, is a dwelling and large vacant parcel of land. Residences are located further south along the road corridor and are predominately single dwellings on larger lots.


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Figure 2 : Location map showing subject site and locality

Figure 3 : Subject site and location of objectors (red star)


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Proposal The application seeks to subdivide the 9,906 square metre property into 13 lots; impose building envelope restrictions on each lot; alter the access connecting the site with the Calder Highway; and remove native vegetation. The proposed lots have an average size of 496m2 and range from 383m2 to 649m2. Each lot will have a 150m2 (10m x 15m) building envelope restriction in order to achieve Rescode standards such as private open space and minimum garden area requirements. A 3,453m2 Common Property area runs through the centre of the site and then deviates along the southern and eastern boundaries. This will allow vehicular access and some utility services to the lots. Vegetation removal has been proposed to enable the development of the lots. A Biodiversity Assessment Report was submitted with the application and identifies two remnant patches of vegetation, totalling 0.460 hectares as having a Low risk-based pathway.

Figure 4 : Proposed plan of subdivision


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

• Clause 11 Settlement • Clause 11.07 Regional Victoria • Clause 11.14 Loddon Mallee South • Clause 12 Environmental and landscape values • Clause 13 Environmental risks


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• Clause 13.05 Bushfire • Clause 15 Built environment and heritage • Clause 16 Housing Municipal Strategic Statement

• Clause 21.02 Key issues and influences • Clause 21.05 Compact Greater Bendigo • Clause 21.10 Reference documents Local Planning Policies

• Clause 22.01 Development at the Urban-Forest Interface Policy • Clause 22.08 Highway entrances and boulevards policy • Clause 22.18 Kangaroo Flat Residential Character Policy Other Provisions

• Clause 32.08 General Residential Zone • Clause 44.06 Bushfire Management Overlay • Clause 52.17 Native vegetation • Clause 52.47 Planning for Bushfire


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

Referral Comment

Powercor No objection subject to two conditions

Coliban Water No objection subject to two conditions

Downer (Ausnet Gas Services) No objection subject to one condition

Country Fire Authority No objection subject to one condition

VicRoads No objection subject to five conditions

CoGB Traffic & Design No objection subject to conditions

CoGB Drainage No objection subject to conditions

Public Notification The application was advertised by way of notice on the site for 14 days (commenced 9 October 2017) and letters to adjoining and nearby owners and occupiers. As a result of advertising, four objections were received, with the main grounds of objection being:

• Proposal is out of character for the area


PAGE 46

• Destruction of native vegetation and impact on fauna

• Potential traffic hazard between resident vehicles and highway traffic

• Hazard for pedestrians walking along path

• Overdevelopment of site

• Lot 12 and 13 too close to 5696 residence

• Reduced property value for existing properties

• Increase in noise and traffic

• Vehicle congestion during emergency evacuation A consultation meeting was held on 11 January 2018 and was attended by the applicant, client/proponent, objectors and one Ward Councillor. After consideration of the matters raised, the applicant elected to progress the proposal in its original form. The grounds of objections are discussed further below.

Planning Assessment

State policies

The purpose of State policy in planning schemes is to inform planning authorities and responsible authorities of those aspects of State planning policy which they are to take into account and give effect to in planning and administering their respective areas. The following clauses have been extracted from the Planning Scheme as they are deemed most pertinent to this application: Clause 11 Settlement This policy includes the objective to promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements. Focusing growth in places of State significance such as Bendigo is a key strategy within this section of the Planning Scheme. Clause 11.07 Regional Victoria The objective of this policy is to develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable; and to manage growth in peri-urban areas to protect and enhance their identified valued attributes. Clause 11.14 Loddon Mallee South There are two objectives within this policy of particular relevance to this application: • To manage population growth and settlements; and, to protect and enhance the

natural and built environment. Strategies to help achieve this include support Bendigo as the regional city and the major population and economic growth hub for the region, offering a range of employment and services; and,

• To protect and improve the condition of the region’s important environmental assets such as forests, wetlands and rivers.


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Clause 12 Environmental and landscape values The objectives of this clause includes: to assist the protection and conservation of Victoria’s biodiversity and, to ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation. Clause 13 Environmental risks Bushfire planning states the objective to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. Strategies include prioritising the protection of human life and better identification of bushfire hazards and risk assessments. Clause 15 Built environment and heritage The objective of the ‘neighbourhood and subdivision design’ is to ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods. Clause 16 Housing Planning should provide for housing diversity and ensure the efficient provision of supporting infrastructure. New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space. Planning for housing should include providing land for affordable housing. Objectives of this policy include: • To promote a housing market that meets community needs; • To locate new housing in or close to activity centres and in urban renewal precincts

and sites that offer good access to jobs, services and transport; • To provide for a range of housing types to meet increasingly diverse needs; • To deliver more affordable housing closer to jobs, transport and services. Municipal Strategic Statement

Clause 21.02 Key issues and influences Applicable sections of this policy include: • Lack of diversity in housing - the Compact Greater Bendigo section of this policy talks

about the mismatch between household structure and the type of dwellings being built.

• Managing risk – bushfire is identified as a key environmental risk for Greater Bendigo to manage.

• Native vegetation - Native vegetation in and around Bendigo and across the municipality is a key contributor to the character of the City. The management of this vegetation, particularly at the interface with residential development, is a key challenge. From a strategic perspective, it is important that significant vegetation not be included in a zone that would place the vegetation under threat.


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Clause 21.05 Compact Greater Bendigo Relevant objectives of this policy include: to provide a policy framework on the timing and direction of urban growth and consolidation for the urban areas of Greater Bendigo and to better manage the City’s growth by focusing development into designated growth areas, preventing development in areas which Council wants to protect, and discouraging proposals to expand the urban area except where consistent with the Bendigo Urban Area Residential Growth Framework. The 10 minute neighbourhood objective is to create attractive neighbourhoods that feature well designed residential and mixed use developments, offer a range of housing choices, convenient access to public transport and activity centres, and have community and commercial facilities that are highly accessible by a variety of transport modes, in particular walking and cycling. The housing density and diversity objective states the following, which is a key provision to consider in this assessment: • To provide a greater choice in housing types and densities that responds to

community needs. The objective of managing risk includes: to manage development in areas of risk from bushfire and flooding. Clause 21.10 Reference documents Greater Bendigo Residential Strategy, October 2014 (amended March 2016) is discussed in the Planning Assessment section of the report. Local Planning Policies

Clause 22.01 Development at the urban-forest interface policy The principal objective of this policy is to ensure residential development protects and maintains the environmental values of the forested areas surrounding Bendigo. A privately-owned forested piece of land adjoins the eastern boundary of the subject site. A 24 metre buffer is provided between Lot 5's building envelope and the adjoining forest boundary. Building envelopes have been incorporated into the Plan of Subdivision and a Bushfire Management Plan has been reviewed and endorsed by CFA. Clause 22.08 Highway entrances and boulevards policy Objectives of this policy include: • To ensure that the use and development of land does not lessen the service, safety,

role and amenity of main roads. • To encourage an appropriate scale, intensity, design, appearance and presentation of

land uses and developments along highways and main roads. • To limit the number of access points to highways and main roads and to ensure that

new access points do not interfere with the safety of such roads. • To avoid further linear or ribbon development along highways and main roads. • To protect existing areas of vegetation along and adjacent to highways and main

roads. • To ensure that new uses and developments do not detract from the value of existing

landscapes. To provide for value adding and related commercial development within existing nodes.


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Clause 22.18 Kangaroo Flat Residential Character Policy The site is located outside the seven precincts identified in Map 1 of the policy. Although the site is located outside of Precinct 6 it surrounded by it and reference to the character description should have some recognition. This is as follows:

This area is newly developed with small setbacks and numbers of larger dwellings, but in parts substantial remnants of native vegetation make it distinctive. The native vegetation character is strongest when the vegetation flows from block to block and into the road reserve.

Officer comment on the SPPF, MSS and LPPF:

Infill development of this style is broadly supported by State policy at Clause 11 (Settlement) and 16 (Housing), the Loddon Mallee South Regional Growth Plan (Clause 11.12) and by the Compact Greater Bendigo policy at Clause 21.05. The subdivision would allow for urban consolidation which will utilise existing services, infrastructure and an undeveloped parcel of residentially zoned land. The proposal would also assist in implementing the urban containment policy aims found within the Compact Greater Bendigo policy and the Key issues and influences section of the MSS (Clause 21.02). The site falls within the Urban Growth Boundary and is zoned for residential purposes which specifically encourages development within the UGB and diversity of housing choices to help support a growing city.

Other Provisions

Clause 32.08 General Residential Zone The purpose of this zone is to: • Implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies; • Encourage development that respects the neighbourhood character of the area; • Encourage a diversity of housing types and housing growth particularly in locations

offering good access to services and transport; • Allow educational, recreational, religious, community and a limited range of other

non-residential uses to serve local community needs in appropriate locations. Pursuant to Clause 32.08-3, a permit is required to subdivide land. An application to subdivide land that creates a vacant lot capable of development for a dwelling must ensure that each lot created contains the minimum garden area set out in Clause 32.08-4. Where a vacant lot less than 400 square metres is created, that lot must contain at least 25 percent of the lot as garden area. The proposed lots have an average size of 496m2 and range from 383m2 to 649m2. Each lot will have a 150m2 (10m x 15m) building envelope restriction in order to achieve the minimum garden area requirements. An application to subdivide land must meet the requirements of Clause 56 and must meet all of the objectives included in the clauses specified in the following table. A summary assessment of Clause 56 is provided below.


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Clause 56 Residential subdivision The General Residential Zone stipulates that all applications to subdivide land must comply with all objectives of ResCode. The application has been assessed against all the relevant objectives and standards of Clause 56 and is outlined below:

Provision Objective Response

Clause 56.01-1 Subdivision site and context description

A satisfactory subdivision site and context description was provided in the application for a Planning Permit report, dated August 2017.

56.01-2 Subdivision design response

The Application for a Planning Permit report briefly states that the proposed design has responded to the site and context description and refers to the subdivision plan. Throughout the report this has been satisfactorily addressed.

56.03-5 Neighbourhood character Objective: To design subdivisions that respond to neighbourhood character.

Meets objective . The applicant has demonstrated that neighbourhood character has been considered in the design and layout of the subdivision. Although adjoining properties are larger lots with single dwellings, there are properties in close proximity (to the north) that have much smaller lot sizes, eg 6 lot subdivision at 5710 Calder Hwy. As stated in Planning Practice Note 43, "respecting character does not mean preventing change. The neighbourhood character standard is not intended to result in the replication of existing building stock or stop change… it is important that respecting character is not taken too literally, as a new character will emerge in response to these


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new social and economic conditions." In applying this to the application, the number of new lots proposed is not copying the adjoining properties, ie single dwellings on large lots, however, the proposal is more in keeping with the wider area which has smaller lots and reduced setbacks. The application does not protect significant vegetation which is an item of Standard C6.

56.04-1 Lot diversity and distribution Objective: • To achieve housing densities that

support compact and walkable neighbourhoods and the efficient provision of public transport services.

• To provide higher housing densities within walking distance of activity centres.

• To achieve increased housing densities in designated growth areas.

• To provide a range of lot sizes to suit a variety of dwelling and household types.

Meets objective . Proposed lots range from 383m2 to 649m2 which can accommodate a range of housing options. The site is not within reasonable walking distance to Lansell Square shopping centre, however, there is a bus stop 830 metres to the north that can be accessed by a designated path. The site is within the UGB.

56.04-2 Lot area and building envelopes Objective: to provide lots with areas and dimensions that enable the appropriate siting and construction of a dwelling, solar access, private open space, vehicle access and parking, water management, easements and the retention of significant vegetation and site features.

Meets objective. Aerial and context plan depicts 10m x 15m building envelopes.

56.04-3 Solar orientation of lots Objective: to provide good solar orientation of lots and solar access for future dwellings.

Meets objective . The parent property is oriented in a north-east to south-west direction. Lots 5-7 are within the north 20 degrees west to north 30 degrees east range, and lots 1-4 & 8-13 are generally within the east 20 degrees north to east 30 degrees south range.

56.04-3 Street orientation Objective: to provide a lot layout that contributes to community social

Meets objective . All lots will front the common property.


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interaction, personal safety and property security.

56.04-3 Common area Objectives: to identify common areas and the purpose for which the area is commonly held; to ensure the provision of common area is appropriate and that necessary management arrangements are in place; to maintain direct public access throughout the neighbourhood street network.

Meets objective . Common Property is required to provide access to new lots and landscaping. Common Property will be owned and managed by an Owners Corporation.

56.05-1 Integrated urban landscape Objectives: to provide attractive and continuous landscaping in streets and public open spaces that contribute to the character and identity of new neighbourhoods and urban places or to existing or preferred neighbourhood character in existing urban areas; to incorporate natural and cultural features in the design of streets and public open space where appropriate; to protect and enhance native habitat and discourage the planting and spread of noxious weeds; to provide for integrated water management systems and contribute to drinking water conservation.

Meets objective. No new streets or public open space are proposed as part of development. Internal landscaping to incorporate into the surrounding environment.

56.06-1 Integrated mobility Objectives: to achieve an urban structure where compact and walkable neighbourhoods are clustered to support larger activity centres on the Principal Public Transport Network in Metropolitan Melbourne and on the regional public transport network outside Metropolitan Melbourne. To provide for walking (including persons with impaired mobility), cycling, public transport and other motor vehicles in an integrated manner. To contribute to reduced car dependence, improved energy

Meets objective (second and third). C. 56.06-3 exempt for this application.


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efficiency, improved transport efficiency, reduced greenhouse gas emissions and reduced air pollution.

56.06-2 Walking and cycling network Objectives: to contribute to community health and wellbeing by encouraging walking and cycling as part of the daily lives of residents, employees and visitors; to provide safe and direct movement through and between neighbourhoods by pedestrians and cyclists; to reduce car use, greenhouse gas emissions and air pollution.

Meets objective . New lots are connected to the existing shared path that runs along the east side of Calder Highway. However, the distance to the nearest shops is approximately 1.6km. Six unsignalised intersections need to be crossed in order to access Lansell Square so this may discourage some residents.

56.06-4 Neighbourhood street network Objective: to provide for direct, safe and easy movement through and between neighbourhoods for pedestrians, cyclists, public transport and other motor vehicles using the neighbourhood street network.

Meets objective.

56.06-5 Walking and cycling network detail Objectives: to design and construct footpaths, shared path and cycle path networks that are safe, comfortable, well-constructed and accessible for people with disabilities; to design footpaths to accommodate wheelchairs, prams, scooters and other footpath bound vehicles.

No paths proposed as part of this development.

56.06-7 Neighbourhood street network detail Objective: to design and construct street carriageways and verges so that the street geometry and traffic speeds provide an accessible and safe neighbourhood street system for all users.

No new streets proposed as part of this subdivision.

56.06-8 Lot access Objective: to provide for safe vehicle access between roads and lots.

Meets objective. The lots will be accessed from Calder Highway via south bound lanes only. North bound vehicles will need to continue to Phillis Street to carry out a U-turn.


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Crossover will be constructed to VicRoads standards and specifications.

56.07-1 Drinking water supply Objectives: to reduce the use of drinking water; and to provide an adequate, cost-effective supply of drinking water.

Meets objective. Lots will be connected to reticulated water services.

56.07-2 Reused and recycled water Objective: to provide for the substitution of drinking water for non-drinking purposes with reused and recycled water.

N/A. Service not available to site.

56.07-3 Waste water management Objective: to provide a waste water system that is adequate for the maintenance of public health and the management of effluent in an environmentally friendly manner.

Meets objective. All lots will be connected to reticulated sewerage services.

56.07-4 Urban run-off management Objectives: to minimise damage to properties and inconvenience to residents from urban run-off; to ensure that the street operates adequately during major storm events and provides for public safety; and, to minimise increases in stormwater run-off and protect the environmental values and physical characteristics of receiving waters from degradation by urban run-off.

Meets objective. The City's Drainage Engineer has provided conditions to be placed in the Planning Permit to address this matter.

56.08-1 Site management Objectives: to protect drainage infrastructure and receiving waters from sedimentation and contamination; to protect the site and surrounding area from environmental degradation or nuisance prior to and during construction of subdivision works; and, to encourage the re-use of materials from the site and recycled materials in the construction of subdivisions where practicable.

Meets objective . A Construction Management Plan will be required as a condition of permit, which will address erosion and sedimentation controls, dust suppression, protection of any vegetation to be retained etc.

56.09-1 Shared trenching Meets objective . Shared trenching will be


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Objectives: to maximise the opportunities for shared trenching; and, to minimise constraints on landscaping within street reserves.

utilised where appropriate.

56.09-2 Electricity, telecommunications and gas Objectives: to provide public utilities to each lot in a timely, efficient and cost effective manner; and, to reduce greenhouse gas emissions by supporting generation and use of electricity from renewable sources.

Meets objective . The site can be fully serviced with electricity, telecommunications and gas. Conditions requested by servicing authorities will be placed on the permit.

56.09-3 Fire hydrants Objective: to provide fire hydrants and fire plugs in positions that enable fire fighters to access water safely, effectively and efficiently.

Meets objective. New fire hydrants must be provided for the subdivision to the satisfaction of Coliban Water and the CFA.

56.09-4 Public lighting Objectives: to provide public lighting to ensure the safety of pedestrians, cyclists and vehicles; to provide pedestrians with a sense of personal safety at night; and, to contribute to reducing greenhouse gas emissions and to saving energy.

Meets objective. Public lighting will be provided in accordance with Australian Standards.

Native vegetation removal Vegetation removal is proposed to enable the development of the new residential lots. A Biodiversity Assessment Report was submitted with the application and identifies two remnant patches of vegetation, totalling 0.460 hectares and having a Low risk-based pathway (Figure 6). Referral of the application to the Department of Environment, Land, Water, and Planning was not required as the total area of vegetation removal was less than 0.5 hectares.


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Figure 5 : Marked native vegetation to be removed The application was submitted prior to amendment VC138 (new native vegetation guidelines) which came into effect on 12 December 2017. As such, the application has been assessed against the previous provisions of Clause 52.17 and the ‘decision guidelines’ as stated in Clause 52.17-5. These include: • The contribution that native vegetation to be removed makes to Victoria’s biodiversity.

This is determined by: o The extent and condition of the native vegetation. o The biodiversity value of the native vegetation, including whether the native

vegetation is important habitat for rare or threatened species.

Total extent of the remnant patches is 0.460 hectares which has a condition score of 0.578. This results in a risk-based pathway of low. Native vegetation removal of this size is not expected to have a significant impact on the habitat of any rare or threatened species.

• Whether the removal of native vegetation is defined as being in the low, moderate or

high risk-based pathway, as defined in the Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013) and apply the decision guidelines accordingly.

The risk-based pathway for this application is identified as low due to its extent being less than 0.5 hectares.


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The applicant’s primary justification for the vegetation removal is to enable the future construction of residential buildings and associated infrastructure. Although the provisions of Clause 52.17 and the Permitted clearing of native vegetation – Biodiversity assessment guidelines deserves greater attention in the application for planning permit report, the Biodiversity Assessment Report has been sufficiently addressed. The further removal of native vegetation from the site will have some amenity loss for adjoining residents, however, this will not have a significant impact on the wider natural environment or neighbourhood character of the area. Based on the condition score of 0.578 for the vegetation to be removed, if a permit is granted it will include a condition will include the offset requirements below:

Bushfire protection The entire site is covered by the Bushfire Management Overlay (BMO). The purpose of this policy is: • To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies. • To ensure that the development of land prioritises the protection of human life and

strengthens community resilience to bushfire. • To identify areas where the bushfire hazard warrants bushfire protection measures to

be implemented. • To ensure development is only permitted where the risk to life and property from

bushfire can be reduced to an acceptable level. A Bushfire Management Statement was prepared by Regional Planning and Design Pty Ltd and submitted with the application. The report satisfactorily addresses the requirements of Clause 44.06 (BMO) and associated Clause 52.47 Bushfire Protection – Planning Requirements provisions. The Country Fire Authority was referred the application under Section 55 of the Planning and Environment Act 1987. The proposal is supported subject to all mandatory conditions of the Planning Scheme being included in the permit and an additional condition that refers to the approved Bushfire Management Plan dated 21 November 2017. All of the above conditions will be incorporated into the planning permit.


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Traffic impact Once fully developed, this site has the potential to produce approximately 104 to 130 vehicle trips per day. Access to the property is via the Calder Highway which is a State declared arterial road and under the management of VicRoads. The application was referred to both VicRoads under Section 55 of the Planning and Environment Act 1987, and also to the City's Transport Engineer for any comments on the internal road configuration. No objections or concerns were stated in the responses, subject to conditions being placed on the planning permit. All recommended conditions will be incorporated into the permit.

Conclusion

This application has been assessed against a range of State and local policies and the grounds of objection presented by the residents in the subject area. The matters of vegetation clearance, neighbourhood character and potential traffic impacts have been carefully considered. The subdivision would allow for urban consolidation which will utilise existing services, infrastructure and an undeveloped parcel of residentially zoned land. The proposal would also assist in implementing the urban containment policy aims found within the Compact Greater Bendigo Policy and the Key issues and influences section of the MSS (Clause 21.02). It is acknowledged that the development of this site for residential purposes will result in some change to what currently exists in the proximate area of this site. However, the purpose of the General Residential Zone, compliance with Clause 56 and the location of land within the Urban Growth Boundary strongly support a proposal of this nature.

Options

Council, acting as the responsible authority for administering the Planning Scheme, may resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

Attachments

• Objections

Proposed Notice of Decision Conditions:

1 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.


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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.

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 PUBLIC OPEN SPACE CONTRIBUTION Before the statement of compliance is issued the applicant or owner must pay to the responsible authority a sum equivalent to 5% of the site value of all the land in the subdivision.

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

8 LANDSCAPING MAINTENANCE The landscaping works shown on the endorsed plans must be maintained to the satisfaction of the responsible authority for 24 months after the works are completed, including that any dead, diseased or damaged plants are to be replaced.

9 SECTION 173 AGREEMENT (a) Building envelopes

Before the plan of subdivision is certified the owner must enter into an agreement with the responsible authority under section 173 of the Planning and Environment Act 1987 and must make application to the Registrar of Titles to have the agreement registered on the title to the land under section 181 of the Act, which provides that: - On each lot to be created, buildings may be constructed only within the

building envelopes as shown on the endorsed plans. The building envelopes cannot be varied except with the consent of the responsible authority.

(b) Minimum garden area requirement Prior to the certification of the plan of subdivision, the owner must enter into an agreement under Section 173 of the Planning and Environment Act 1987, which provides that any lot created must provide the minimum percentage of garden area required at ground level as set out in clause 32.08-4 of the Greater Bendigo Planning Scheme to the satisfaction of the


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responsible authority. The agreement must include a mechanism which would allow the responsible authority to vary or delete the garden area requirement by written consent, in the event of legislative changes.

(c) The owner must pay the reasonable costs of the preparation, execution and registration of the section 173 agreement.

10 NATIVE VEGETATION REMOVAL

(a) In order to offset the removal of native vegetation approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements. The offset must: - Contribute a gain of 0.176 general biodiversity equivalence units - Be located within the North Central Catchment Management Authority

(CMA); and, - Have a strategic biodiversity score of at least 0.350.

(b) Offset evidence: Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either: - A credit register extract from the Native Vegetation Credit Register; or - A security agreement, to the required standard, for the offset site or sites,

including a 10-year offset management plan to the satisfaction of the Department of Environment, Land, Water and Planning and approved by the responsible authority. Every year, for ten years, after the responsible authority has approved the offset management plan, the applicant must provide notification of the management actions undertaken towards implementing the offset management plan, to the department. An offset site condition statement, including photographs must be included in this notification.

11 FENCING REQUIREMENTS

(a) The fencing to the western boundary (Calder Highway) of proposed lot 1 and lot 13 must be of an open style design approved by the responsible authority with a height no more than 1.5m height.

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: (a) Direction of stormwater run off (b) A point of discharge for each lot; (c) Independent drainage for each lot. (d) Drainage easements (e) Stormwater quality


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(f) Stormwater detention - Allowable Discharge: Q10% = 55 l/s

13 CONSTRUCTION OF WORKS

Road works, drainage and other civil works must be constructed in accordance with the City of Greater Bendigo Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Underground drainage; (b) Underground conduits for water, gas, electricity and telephone.

14 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.

15 CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. This plan shall include, but not be limited to: (a) A site specific plan showing proposed erosion & sedimentation control

works, (b) Techniques and intervention levels to prevent a dust nuisance, (c) Techniques to prevent mud and dirt being transported from the site to

adjacent streets; and (d) The protection measures taken to preserve any vegetation identified for

retention. During construction of works associated with the subdivision, the applicant must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority.

16 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 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.

17 CAR PARK LAYOUT (a) Parallel parking bays that are not end bays must be 6.7m long. End bays

may be reduced to 5.5m long.


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(b) The entry/exit, the internal roadway and the parking areas must be sealed and the car parking spaces line marked and maintained to responsible authority's satisfaction.

18 SIGHT DISTANCE AT PROPERTY BOUNDARY

(a) The subdivision must ensure minimum sight lines for pedestrian safety are provided at the exit lane frontage so as to accord with Clause 52.06-8.

(b) Sight distance at the access driveway must comply with AS/NZS 2890.1:2004 Fig 3.2

19 VEHICLE CROSSINGS / DRIVEWAYS

(a) Any new or otherwise vehicular entrances to the subject land from the road shall be constructed at a location and of a size and standard satisfactory to the responsible authority. The vehicle crossing(s) must be constructed at the applicant’s expense to provide ingress and egress to the site to the satisfaction of the responsible authority. The crossover must be no less than 4.9 metres in length and include a pipe of a diameter suitable to accommodate the actual volume/flow (having a minimum diameter of 300 mm). Culverts located in the clear zone shall be installed with trafficable end walls (refer VicRoads standard drawing SD 1991). The final location of the crossing is to be approved by the responsible authority via a Works within Road Reserves permit.

(b) The proposed driveway must join to the existing footpath, not replace it. (c) All vehicles must enter and exit the site in a forwards direction.

REFERRAL AUTHORITY CONDITIONS: 20 COLIBAN WATER

(a) The owner is required to provide 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. Services are to be provided and amended where necessary in accordance with our 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.

21 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: i. 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.

ii. 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. You shall arrange compliance through a Registered Electrical Contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with


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Electricity Safe Victoria’s Electrical Safety System. iii. 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.

iv. Any buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

v. Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

22 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.

23 AUSNET SERVICES (GAS)

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

24 COUNTRY FIRE AUTHORITY (a) Mandatory condition:

Before the statement of compliance is issued under the Subdivision Act 1988 the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987. The agreement must: - State that it has been prepared for the purpose of an exemption from a

planning permit under Clause 44.06-2 of the Greater Bendigo Planning Scheme.

- Incorporate the plan prepared in accordance with Clause 52.47-2.4 of this planning scheme and approved under this permit.

- State that if a dwelling is constructed on the land without a planning permit that the bushfire protection measures set out in the plan


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incorporated into the agreement must be implemented and maintained to the satisfaction of the responsible authority on a continuing basis. The land owner must pay the reasonable costs of the preparation, execution and registration of the Section 173 Agreement.

(b) Bushfire Management Plan: The Bushfire Management Plan (BMO Defendable Space & BAL Plan Drawing No: 12049- BMO01-Rev C, dated 21/11/2017) must be endorsed to form part of the permit, be included as an annexure to the section 173 agreement and must not be altered unless otherwise agreed in writing by the CFA and the responsible authority.

25 VICROADS

(a) Vehicular access to Lot 1 and Lot 13 must be located at the eastern end of their respectively property boundaries.

(b) Garbage collection must be undertaken on the Common Property. That is, no garbage collection is permitted on the Calder Highway road reserve.

(c) Prior to Certification of the Plan of Subdivision, plans must be submitted to and approved by the Roads Corporation. When approved by the Roads Corporation, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and copies must be provided. The plans must be annotated and not be restricted to show: Provide the swept path analysis for: i. An 8.8 metre length design vehicle turning left into the subject land (at 10

km/h (min) and with 0.3 metre clearances on both sides of the vehicle) whilst simultaneously a B85 car is turning left onto the Calder Highway (and vice versa);

ii. A 12.5 metre length rigid check vehicle turning left into and out of the subject land.

(d) Prior to the issue of a Statement of Compliance the following must be undertaken to the satisfaction of and at no cost to the Roads Corporation: i. The existing crossover to the pavement of the Calder Highway must be

upgraded to be sealed in asphalt from the edge line of the Calder Highway to the road reserve boundary.

ii. All disused or redundant vehicle crossings must be removed and the naturestrip area reinstated.

(e) Driveways must be maintained in a fit and proper state so as not to compromise the ability of vehicles to enter and exit the site in a safe manner or compromise operational efficiency of the road or public safety (e.g. by spilling gravel onto the roadway).

26 EXPIRY OF THE PERMIT

(a) The plan of subdivision is not certified within two years from the date of this permit; or

(b) The subdivision is not completed within five years from the date of certification of the plan of subdivision.

The responsible authority may extend the time for certification of the plan if a request is made in writing before the permit expires or within six months afterwards.


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2.5 194 UPPER CALIFORNIA GULLY ROAD, CALIFORNIA GUL LY 3556- SUBDIVISION OF LAND INTO THREE LOTS


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

Summary/Purpose

Application details: Subdivision of land into three lots

Application No: DS/918/2015

Applicant: Hadden Farren Land Surveyors Pty Ltd

Land: 194 Upper California Gully Road, CALIFORNIA GULLY 3556

Zoning: General Residential Zone

Overlays: N/A

No. of objections: The proposal was not advertised.


A consultation meeting was not required.

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

• Whether amenity impacts and the risk of potential gas migration from the nearby Eaglehawk Landfill has been appropriately addressed.

Conclusion: The applicant has appealed to the Victorian and Civil Administrative Tribunal (VCAT) against the City’s failure to determine the application within the statutory timeframe. This report recommends Council establish the position of not supporting the proposal at the VCAT hearing scheduled for 27 June 2018. It is the opinion of the assessing officer and the Environment Protection Authority (EPA) that the amenity impacts and environmental risk of potential gas migration from the nearby Eaglehawk Landfill has not been addressed and consequently there is the potential for adverse amenity impacts and health impacts on the future occupants of the proposed lots. EPA has advised that in order to address this issue, an environmental audit will need be conducted on the landfill site.


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to establish the position of refusal to grant a planning permit for the subdivision of land into three lots at 194 Upper California Gully Road, CALIFORNIA GULLY 3556 for the following reason:

1. The proposal would create amenity impacts and an unacceptable environmental risk due to the potential for gas migration from the nearby Eaglehawk Landfill, contrary to Section 60 of the Planning and Environment Act 1987, clauses 11 Settlement, 13 Environmental Risks, 19.03-5 Waste and resource recovery and 21.09-7 Infrastructure of the Greater Bendigo Planning Scheme.

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

CARRIED

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

Policy Context


Goal 2 Wellbeing and fairness • Inclusive policies, partnerships and projects that increase access, improve health and

learning opportunities by building better connections, and quality of life for all.


where we live.


The subject site is located approximately 200m from the entrance to the Eaglehawk Landfill. EPA Guidelines state that sensitive uses and development should not occur within 500m of an active landfill. The main risks for sensitive uses are noise, odour and landfill gas migration. The Eaglehawk Landfill is in an unusual situation as part of the 500m buffer area is already zoned and developed for residential use. The buffer does not currently have any planning controls such as an overlay, to require planning permits for sensitive uses and development.


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There is a lack of certainty over the environmental risks associated with the site which has prevented the City from making a decision on this planning application. The application was lodged in December 2015. In January 2016, the City wrote to the permit applicant with the following advice:

"Your land is within 500m of the Eaglehawk Landfill. The recent EPA guideline, Best Practice Environmental Management – Siting, Design, Operating and Rehabilitation of Landfills 2015, means that before considering your application, the City needs to ensure that your land will not be affected by any environmental threats from the landfill, particularly gas migration.

The EPA has recommended that prior to any development being approved, an environmental audit and risk assessment be undertaken to identify and manage any potential risks of gas migration. The EPA has also said that audits undertaken by the City could be used to provide this information. A risk assessment is currently being commissioned to determine whether gas migration is likely from the Eaglehawk Landfill. This assessment should satisfy EPA requirements and enable a decision to be made on your application.

However, the assessment will not be complete until approximately March 2016 which means that consideration of your application will need to be put on hold until then.

Alternatively, if you would prefer your application be considered prior to this time, you can commission your own audit and risk assessment to satisfy EPA requirements. You may need to seek advice from the EPA on how to achieve this.

The City believes that the risk of gas migration from the Eaglehawk Landfill is low as gas is regularly monitored and extracted. However, we need to be completely satisfied that this is the case before approving any further development around the landfill."

The information requested was not provided and no written response to the request was received. An appeal against the City’s failure to grant a permit was lodged under Section 79 of the Planning and Environment Act 1987 in December 2017. The applicant’s Statements of Grounds submitted to VCAT are as follows:

The planning application was submitted on 9th December 2015. The planning department communicated with the applicant on 7th January 2016 with notice that a “risk assessment” as per EPA guidelines was required before the subdivision could progress. This is due to the fact that the property is within 500m of the Eaglehawk Recycle Centre (Tip). The assessment was to assess the methane release from land fill site.

The risk assessment was due to take place in March 2016 by the EPA. It was later communicated that the results were inconclusive and that there was no planned timeframe for the Risk Assessment to be further addressed.


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It was assumed that the proposed subdivision would be straight forward, as two houses east of the property had recently been granted approval for a six lot subdivision (188-190 Upper California Gully Road, California Gully).

The above mentioned risk assessment on the landfill was completed in 2016 but was inconclusive and a significant extent of further work is required to inform the assessment of planning applications for residential development in the vicinity of the landfill. Consequently the City has commissioned further risk assessments to be undertaken around the landfill for noise, odour and gas migration in the 500m buffer area. The gas migration assessment will involve monitoring over a period of 6 months with an expected completion date prior to the end of 2018. This matter is discussed in detail below.

Report


The subject site is located on the north east side of Upper California Gully Road. It is rectangular in shape apart from having an angled rear boundary. It has a frontage of 26.49m, a depth of 48.23m and an overall area of 1,145 square metres. The site is relatively flat and is predominantly clear of vegetation apart from some scattered trees around the perimeter of the site. A single storey brick dwelling is located at the south of the site. Vehicle access is via a driveway at the western end of the site frontage and a carport is located at the west of the dwelling. A large rear yard area is located to the north of the dwelling. Two outbuildings are located at the north east of the site. Adjoining the subject land to the south east and north west, at 192 and 196 Upper California Gully Road, are single storey detached dwellings. Further to the south east, at 188 and 190 Upper California Gully Road is a recent unit development which comprises six dwellings. Adjoining the subject site to the north (rear) is a unit development comprising four dwellings (the development includes three additional dwellings which have not been constructed). Directly opposite the subject site at 187 Upper California Gully Road, is a landscape garden retail premises. Opposite the subject site (heading north west), at 191-193 Upper California Gully Road, is the Eaglehawk Eco Centre Recycle Shop and the entry to the Eaglehawk Landfill.


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Figure 1 : Location map showing subject site.

Proposal

The proposal is for the subdivision of the land into three lots. The existing dwelling will be retained and two battleaxe allotments will be created at the rear of the site, with driveways at the south eastern and north western ends of the site frontage. The propose lots to be created are as follows: Proposed Lot Area Lot 1 466sqm Lot 2 321sqm Lot 3 375sqm

A 3m wide drainage and sewerage easement will be provided along the north east (rear) and north west (side) boundaries. The existing conditions and subdivision layout are shown at figures 2 and 3 below.


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Figure 2 : Survey Plan of the subject site. Figure 3 : Proposed subdivision layout.


The site is in the General Residential Zone and not affected by any overlay controls. The need for a planning permit is triggered by Clause 32.08-3 of the General Residential Zone which states that a permit is required to subdivide land. State Planning Policy Framework

• 11.05 Regional development • 11.12 Loddon Mallee South Regional Growth Plan • 11 Settlement • 13 Environmental Risk • 16 Housing • 19.03 Waste and resource recovery Municipal Strategic Statement

• 21.05 Compact Greater Bendigo • 21.09 Integrated Transport and Infrastructure Local Planning Policies

• 22.13 Eaglehawk Residential Character Policy Other Provisions

• 32.08 General Residential Zone • 52.02 Easements, restrictions and reserves


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• 56 Residential Subdivision • 65 Decision Guidelines


Public Notification The application was not advertised as the City’s further information request was not satisfied. If the further information had been submitted, the application would have been advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. VCAT has subsequently directed the applicant to advertise the application. Referrals

Referral Comment

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Powercor No objection subject to conditions

Downer No objection subject to conditions

Coliban Water No objection subject to conditions

EPA Objection

The EPA referral was undertaken as a notice under Section 52 of the Planning and Environment Act 1987 in March 2018, in order to provide guidance on the EPA position for the VCAT hearing. The EPA no longer supports the landowner undertaking a Section 53V environmental audit on the subject site and has suggested that the City reach an agreement with the applicant to defer a decision until the City's current audit of Eaglehawk Landfill is finalised. Whilst the application cannot be processed as a landfill gas risk assessment has not been prepared, the EPA response further complicates the issue as, should a Section 53v audit be prepared by the applicant, there is a likelihood that it will not be to the satisfaction of the EPA. At a Practice Day Hearing on 4 May 2018, VCAT indicated that EPA would be joined as a party to the appeal.


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Planning Assessment

Can the application be supported in the absence of a landfill risk assessment? The key consideration in this application is the lack of information provided to satisfy the City that there will be no offsite impacts from landfill gas migration and other amenity impacts from the nearby Eaglehawk Landfill. The issue is explained in detail as follows: EPA Publication 788.3 - Siting, Design, Operation and Rehabilitation of Landfills states:

"Buffer distances are set to reflect the potential impacts from landfilling activities. Generally, the buffers are set to manage: • Odour, which is of most concern during landfill operation; • Landfill gas impacts, including the risk of explosion and/or asphyxiation. Landfill

gas potential risk remain post closure and for at least 30 years post-closure. In considering any planning scheme amendment or planning permit applications, in accordance with the Planning and Environment Act 1987, the planning or responsible authority must have regard for the effects of the environment, including landfill gas, on the development. Proposed developments and any works within the recommended landfill buffer can pose a safety risk by potentially providing preferential pathways for landfill gas migration, or providing an environment where landfill gases can accumulate to dangerous levels. All buildings and structures should be considered, including: • Buildings and structures used for sensitive or non-sensitive uses • Change of use • Infrastructure installation • Installation of pipelines. Responsible planning authorities need to be provided with sufficient information by the proponent to satisfy them that the proposed development or rezoning will not be adversely impacted by its proximity to the landfill site. Where the proposed development or planning scheme amendment would have the effect of allowing development that encroaches into the recommended landfill buffer area or increases the extent of development within the already encroached buffer area, EPA recommends that the planning or responsible authority require an environmental audit be conducted under Section 53V of the Environment Protection Act 1970. The audit must assess the risk of harm to the proposed development posed by the potential offsite migration of landfill gas and amenity impacts resulting from the landfill. Where a planning or responsible authority has relevant and sufficient information from previous assessments or audits, then this may be relied on in making a decision.

The Eaglehawk Landfill is categorised as a “type 2” landfill, which requires a 500m buffer from sensitive uses. This is shown at figures 4 and 5 below, which are excerpts from tables 4.1 and 8.2 of the above publication.


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Figure 4 : Landfill categories

Figure 5 : Required buffer distances

Figure 6: Subject site (marked with a red star) within the 500m buffer of the Eaglehawk Landfill As the site is within the 500m buffer, the proposal cannot be supported in the absence of a Section 53V Environmental audit which assesses the potential offsite migration of landfill gas and amenity impacts resulting from the landfill.


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What direction is provided within planning legislation and the State and local planning policies which addresses this issue? Section 60 of the Planning and Environment Act 1987 outlines the matters that a responsible authority must consider and states that:

Before deciding on an application, the responsible authority must consider . . . any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development.

Clause 11 – Settlement of the State Planning Policy Framework states:

Planning is to prevent environmental problems created by siting incompatible land uses close together.

Clause 13 – Environmental Risks of the State Planning Policy Framework states:

Planning should adopt a best practice environmental management and risk management approach which aims to avoid or minimize environmental degradation or hazards.

Clause 19.03-5 – Waste and resource recovery of the State Planning Policy Framework states:

Protect waste and resource recovery infrastructure against encroachment from incompatible land uses by ensuring buffer areas are defined, protected and maintained.

This policy also states:

Planning must consider as relevant:

Best Practice Environmental Management Guideline – Siting, Design, Operation and Rehabilitation of Landfills

Clause 21.09-7 of the Local Planning Policy Framework –Infrastructure states:

To encourage the reuse and recovery of materials to minimise and manage the environmental impacts of landfill.

Ensure that offsite impacts from the Eaglehawk Landfill, including gas migration, are considered in land use planning decisions.

Given the above, there is clear direction that the permit applicant must address potential landfill gas impact of the nearby Eaglehawk Landfill before a permit can be granted. Why was the City unable to determine the application and what steps are being taken to assist in determining similar applications in the future? Whilst a Landfill Gas Risk Assessment was prepared by AECOM in 2016, the information provided was inconclusive and the City was not able to assess the risk of potential landfill gas migration to the subject site.


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The City is in the process of undertaking a series of risk assessments on noise, odour and gas migration to inform a S53V audit. These assessments will include the installation of further gas monitoring bores and 6 to 12 months of monitoring. This work would most likely create a site specific buffer (as distinct to the default 500m buffer) based on the environmental risk posed by the Eaglehawk Landfill. This will inform the City as to where the risk of potential landfill gas migration lies, assisting assessment of future development proposals. The City is currently liaising with DELWP in order to obtain the landowner's consent for the installation of the bores. Given the approvals process and gas monitoring timeframes, the completion of the additional work is significantly delayed. The current situation means that at this point in time, the City is unable to approve this application or any similar applications received until there is more certainty on the risk. In addressing the wider issue of development within proximity of the Eaglehawk Landfill, it is important to note that the City has been provided with funding by the Metropolitan Waste Resource Recovery Group to prepare a Planning Scheme Amendment to apply an Environmental Significance Overlay around the Eaglehawk Landfill, which will be based on buffer requirements. Why are there other recently constructed unit developments within the 500m landfill buffer and were Section 53v Environmental Audits required for these developments? In their Statement of Grounds to VCAT, the permit applicant has referred to the approval of a six lot subdivision at 188-190 Upper California Gully Road under permit ref: DSD/415/2012. At the time of this application, the City was unaware of the potential for gas migration from the Eaglehawk Landfill until the preparation of the Eaglehawk Structure Plan in 2013. This document was adopted by Council in August 2013 and approved by the Minister for Planning in August 2016, (C213). The relationship between the landfill and the adjacent residential areas is discussed in section 3.4 of the Eaglehawk Structure Plan which states:

"… given the recent changes to EPA policy which seeks a 500m buffer from landfill sites, the establishment of additional residential development within the buffer zone needs to be carefully managed."

Objectives

• Acknowledge the potential off-site impacts of the Eaglehawk Landfill site on surrounding areas.

Strategies

• Consider impacts of the landfill site on surrounding residential development and apply an Environmental Significance Overlay to ensure due consideration is given to the potential impacts.

• Allow residential development of a similar intensity to existing adjoining development within the buffer but do not allow any intensification of sensitive uses until such time as the potential impacts from the landfill are ameliorated."


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Subsequent to the issue being raised, the City of Greater Bendigo met with the EPA to discuss the issue of assessing planning applications for increased housing density within the 500m buffer of the Eaglehawk Landfill. These meetings occurred in 2015. At these meetings, the City of Greater Bendigo and the EPA agreed to create a standard letter to permit applicants which outlined the requirement for a Section 53v Environmental Audit and explained that the City was undertaking an audit of the landfill, thus providing an option for applicants to defer their application until the City audit was complete, creating significant cost savings for applicants. The standardised letter was sent to the permit applicant for this particular application as well as another application for four dwellings at 59 Watson Avenue, California Gully, which was subsequently withdrawn. Apart from the issue of potential impacts, including landfill gas migration, are there any other reasons why the application should be refused? The proposal seeks a three lot subdivision in an area where the proposed lot sizes are consistent with a number of properties in the surrounding area. Under normal circumstances (i.e. on land within the GRZ, outside of the buffer zone of the Eaglehawk Landfill) it is likely that the application would have been supported. The planning merits of the subdivision (setting aside the potential impact from the landfill) are considered to be favourable, noting that:

• The site is located in an established suburban area that is well served by nearby facilities.

• The proposed lot sizes are consistent with those found within the immediate surrounding area and new development will be restricted to the rear of the site, having minimal impact on the streetscape.

• The subdivision design allows for appropriate solar access with north facing living areas and backyards.

It is, however, important to note that a further environmental issue would need to be addressed before the application is progressed. The area surrounding the site has been the subject of mining and therefore a preliminary environmental site assessment of potential contaminants would need to be provided to demonstrate that the site is safe to develop for residential intensification.

Conclusion

In the absence of an environmental audit that demonstrates otherwise, the proposal presents an unacceptable health risk in terms of potential gas emissions from the nearby landfill. Furthermore, other potential amenity impacts from the landfill have not been addressed. For this reason, the proposal is deemed inappropriate and it is recommended Council establish the position of not supporting the proposal at the upcoming VCAT hearing.


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Options

In this case, being that the application is to be determined by the Tribunal, Council has the options of establishing a position of either supporting the proposal or not supporting the proposal as presented.

Attachments

Nil


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2.6 CONNECTING GREATER BENDIGO: INTEGRATED TRANSPOR T AND LAND USE STRATEGY UPDATE


Author Chris Rowlands, Active Transport Strategic P lanner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Purpose

The purpose of this Report is to provide an update on the progress of implementing Connecting Greater Bendigo: Integrated Transport and Land Use Strategy (ITLUS).

Summary

ITLUS was adopted by Council on 26 August 2015, after significant community consultation. There has now been progress on a number of actions and a governance structure has been established to update the priorities within the Strategy, which focuses our advocacy and investment. ITLUS was initially adopted with 153 actions, of which 21 were identified as priorities. Some of these actions have been completed, others are in progress and some have not been started as yet for various reasons. Attached to this report is a progress report on all actions.

RECOMMENDATION

That Greater Bendigo City Council note the progress of action within Connecting Greater Bendigo: Integrated Transport and Land Use Strategy and continue to support and participate in the governance structure to support the implementation of the Strategy. RESOLUTION Moved Cr Wrigglesworth, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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


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Policy Context

Council Plan Reference: Goal 4: Presentation and Managing Growth 4.3 – Continue to implement strategies that increase the capacity of transport networks to better move people and goods and encourages walking, cycling and the use of public transport. Goal 5 Environmental Sustainability 5.1 – Drawing on the One Planet Living framework to connect the health of the natural environment to the health and prosperity of our community. Principle 3 of the One Planet Living Framework is Sustainable Transport. Strategy Reference (include weblink as applicable): Connecting Greater Bendigo: Integrated Transport and Land Use Strategy (ITLUS) - https://www.bendigo.vic.gov.au/About/Document-Library/connecting-greater-bendigo-integrated-transport-and-land-use-strategy Rural Communities Strategy https://www.bendigo.vic.gov.au/sites/default/files/2018-01/City-of-Greater-Bendigo-Rural-Communities-Strategy.pdf Action 2.3 As part of the implementation of this strategy and ITLUS, work with Transport for Victoria and DEDJTR to establish a Local Transport Forum for the rural communities of the City in accord with recently released Regional Network Development Plan Action 2.4 Continue to work with rural communities and Public Transport Victoria to increase public transport services and establish a local transport forum with a particular focus on:

- The Heathcote/Axedale/Junortoun/Bendigo bus service; - Marong, Goornong and Raywood to Bendigo bus services; - More services on the Echuca to Bendigo railway line; - Re-opening of railway stations at Goornong and Raywood


26 August 2015 - Connecting Greater Bendigo – Integrated Transport and Land Use Strategy adopted by Council 26 September 2016 – An Active Transport Strategic Planner was appointed for a period of 21 months (ending June 2018) to oversee the implementation of ITLUS 14 December 2016 – Planning Scheme Amendment C227, which references ITLUS in the Greater Bendigo Planning Scheme, was adopted by Council and forwarded to the Minister for Planning for approval. 2 March 2017 – Greater Bendigo Planning Scheme Amendment C227 was gazetted.


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15 March 2017 – ITLUS Progress Report and Governance Structure for implementation was adopted by Council.

Report

ITLUS is a large, long-term strategy and its actions reflect this. Transport as a sector is also large and complex with numerous stakeholders and decision-makers. Local Government certainly has a significant role to play in making transport decisions and providing infrastructure, but as ITLUS highlights, the City has a facilitation role to play in ensuring that decisions made in one part of the transport and land use system do not adversely impact on other areas. In March 2017, Council adopted a proposed governance structure to assist in the decision-making process to better implement ITLUS. This governance structure facilitates communication between Council, City staff, community and various decision-makers across the transport system. There are three levels to the structure as adopted last year: Community Reference Group, Steering Committee and Technical Reference Group. This structure enables better decision making and communication across the region but also ensures focus on priorities for targeted advocacy and projects that build on one another. This structure has now been in place since approximately September 2017 and has been functioning well. As has been mentioned above, ITLUS contains 153 actions. Of these 153 actions, 21 were adopted as priority actions. Five of these priorities have been completed, 13 are in progress (numerous are nearing completion) and three are yet to be started for various reasons. In total, 78 actions are in progress, 29 have been recognised as pieces of work that will be ongoing for the foreseeable future, 36 are yet to be started and 10 of the actions are now listed as complete. Attached to this report is a progress update on all actions. A current example of a priority action being progressed is the works at the intersection of Somerville and Ellis Streets. These works are funded through 'blackspot' funding and include a crucial component of the pedestrian and cycling route from the La Trobe University precinct to the Bendigo city centre. This came about through collaboration across three different units and three different directorates to ensure a future-proof intersection upgrade while addressing the goals of ITLUS. This serves as an example of how value-adding to projects is a very efficient and effective approach to achieving the vision set out in ITLUS. The Bendigo Freight Study was also a priority project from ITLUS that has been completed. The study gathered data from many freight generators and operators and presents a clear picture of the freight industry as it currently stands, and where the sector can be assisted to remain efficient and able to fulfil the growing demand for freight across the City, region and State. The outcomes of the study are assisting in prioritising various intersection improvements between the City and VicRoads. As a result of the study, the National Heavy Vehicle Regulator encouraged the City to apply for funding that would facilitate a major expansion in safety awareness programs. We are still awaiting notification as to whether the application has been successful.


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Behavioural change is another key component of being able to achieve the goals of ITLUS. In 2017, Regional Sustainable Development and Active and Healthy Lifestyles units worked together to attract a small amount of funding to run programs in three primary schools along the Napier Street Corridor out to Huntly, helping students map routes along which they could walk and ride to school. The program was well received and the students were able to apply their bike education skills on their way to school. ITLUS is an award-winning strategy that is innovative and looked to as a leading example in Australia. Producing innovative strategies must be backed up by undertaking innovative actions also. The City is working on two different fronts with the State Government and Monash University, investigating the feasibility of current and emerging technology in electric buses. This is positioning Bendigo to have low and zero emission bus fleets in the future. In addition to the actions specified within ITLUS, a number of projects and investigations that further the goals and aims of ITLUS have arisen also. New Energy Jobs Fund: Funding opportunities like the New Energy Jobs Fund, in which the City has been successful in securing an $83,300 grant, has allowed the investigation and preparation a business case for how large organisations within the Bendigo city centre and University Precinct could collectively use bike fleets and share resources and costs. Local Transport Forum: Being able to influence existing and newly funded projects to result in better outcomes has been increasingly important in the implementation of ITLUS. A great example of this collaboration is the running of the Local Transport Forum by Transport for Victoria and the City. This was the best attended forum of anywhere in Victoria with approximately 50 people attending from our rural areas to discuss solutions to transport issues in our small towns. Australia’s Regional Bicycle Capital These opportunities are also found through successfully building relationships and partnerships across different organisations and levels of government. The relocation to Bendigo of Bicycle Industries Australia and the Cycling Promotion Foundation is an example of this that has enabled us to greatly expand our networks and access to knowledge across the cycling sector at a national level. Through this relationship we were able to work with another organisation to pilot the first bicycle friendly community accreditation outside of North America with Bendigo being awarded a silver award status in early 2018. This status reflects the efforts of the City and community in the provision of dedicated infrastructure, support for community events and the development of a cycling culture in the City. Bicycle Friendly Community status has been applied for by over 1,500 cities in the United States with only 430 achieving recognition. The number of cities achieving above a bronze ranking is approximately 100 cities, one of which is Bendigo. Other cities with a silver ranking include New York, Chicago, Cleveland and New Orleans. While our city may only be small in comparison, this is further proof that Bendigo continues to punch above its weight in the quality of the city and community we are creating.


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Priority/Importance: The continued implementation of ITLUS is of high importance as Greater Bendigo grows to 200,000 people in the coming decades. Moving people and goods efficiently and effectively will be critical for the economy, quality of life and the built and natural environment. Risk Analysis: If sustainable transport and land use is not more effectively integrated and supported as Bendigo grows, movement around the city may be detrimentally impacted. This would result in a significant reduction in the quality of our environment and the overall liveability for Bendigo.


ITLUS is a multi-faceted strategy to better integrate transport and land use. As such, extensive consultation is ongoing via the governance structure and informally across many levels of government, community and organisations.


In September 2016, the Active Transport Strategic Planner was appointed for a 21 month period (ending June 2018). This resource has been responsible for the establishment of the governance structure for the implementation of ITLUS, liaising internally and externally with stakeholders and various government bodies. This role finishes at the end of June 2018, however, the implementation of ITLUS will continue based on the established governance structure and supported through existing staff resources. Additional monetary resources would enable more projects to be completed, however, ensuring adequate internal and external collaboration is occurring on a continual basis via the governance structure and any other means available will ensure the goals of ITLUS are delivered via all stakeholders and through value adding to other projects.

Attachments

1. ITLUS Actions Progress Update Spreadsheet

Wellbeing and Fairness - Reports Ordinary Meeting - 16 May 2018

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3. WELLBEING AND FAIRNESS

3.1 GREATER BENDIGO MUNICIPAL EARLY YEARS PLAN PROG RESS REPORT


Author Chris Kelly, Manager Community Wellbeing Responsible Vicky Mason, Director Health and Wellbe ing Director

Purpose

To provide Council with a progress report on the implementation of the Greater Bendigo Municipal Early Years Plan 2015/16 – 2018/19.

Summary

The Greater Bendigo Municipal Early Years Plan (MEYP) is a four year plan that aims to improve the health and wellbeing outcomes for children, their families and carers. It provides a vision and strategic direction for our early years with a focus on collaborative responses to priorities identified by the community. The plan was adopted by Council in March 2016 and partners with a number of agencies as part of a whole of community approach to creating the best possible future for children. Each March an annual review process is undertaken to ensure the MEYP actions are being achieved and continue to respond to community priorities. Both City service units and contributing agencies have provided feedback on their progress in achieving their respective actions and any changes required. A report and action plan update has been prepared as part of this process (Attachment 1).

RECOMMENDATION

That the Greater Bendigo City Council resolve to adopt the Municipal Early Years Plan Annual Progress Report and Action Plan Update 2018. RESOLUTION Moved Cr Wrigglesworth, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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


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Policy Context

Community Plan Reference: City of Greater Bendigo Community Plan 2017 - 2021 Goal 2 Wellbeing and fairness Objective 2.4 Support participation and development for residents of all ages and

abilities Objective 2.4.1 Continue to promote a child-friendly municipality Actions 2017-18 Complete construction of the Strathfieldsaye Early Learning Centre

and undertake concept planning for the Huntly Early Years Hub.

Investigate the feasibility of the City of Greater Bendigo managing pre-school enrolments centrally.

Deliver immunisations for infants and schoolchildren in accordance with the National Immunisation Schedule and maintain immunisation rates above 95% in the municipality.

Provide the Maternal and Child Health Universal program and achieve participation rates of the Key Age and Stage visits for children 12 months and under above 90%.

Extend the Enhanced Maternal and Child Health Program to support families and vulnerable children from 0-1 year to 0-3 years.

Provide high quality child care services at Annie Galvin and Helen Jessen Early Learning Centres and achieve utilisation rates above 85%.

Complete the annual actions of the Municipal Early Years Plan including reviewing the City’s services.


The MEYP is the City’s early years strategic framework through which the City coordinates organisational effort, prioritises needs, plans for the future and supports partnerships across the early years. The City is committed to the early years and the MEYP details our broad ranging investment which includes service delivery, planning, infrastructure provision, partnerships, advocacy and community building to create a child friendly city. To deliver on the MEYP new planning, leadership and advocacy roles were established and mobilised for the City to complement the provision of existing services and infrastructure. Implementing these new roles has led the City to strengthen its focus on early childhood education and care and plan for infrastructure to meet community needs.


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The key elements of the MEYP are the early years vision and six priority themes developed following extensive community consultation, analysis of relevant government plans and policies, recommendations from the internal early years review; and with consideration of available resources. Vision: All children aged from birth to eight years and their families are part of an active, healthy and safe child friendly community that promotes and provides real opportunities for learning and development. Priority Themes: 1. Safety of children: to develop a safe community for children and their families. 2. Environment and facilities for children: to plan for and develop quality and

accessible child friendly spaces and supportive infrastructure. 3. Active and healthy children: to improve the health and wellbeing of children. 4. Education and Care for children: to ensure children have access to the best

possible education and care. 5. Whole of community partnerships benefitting children: to strengthen early year’s

partnerships to improve outcomes for children. 6. A child friendly city and community: to ensure the creation of child friendly

environments and enhance children’s participation in the decision making processes that impact on their lives.

Previous Council Decision(s) Date(s): 14 October 2015 – Endorsement to release draft Greater Bendigo Municipal Early Years Plan for a six week period of Public Exhibition. 2 March 2016 – Municipal Early Years Plan 2015-18 adopted.

Report

The MEYP action plan sets out specific actions to be undertaken in response to the six priority themes identified by key stakeholders during the collaborative development process. The MEYP action plan is reviewed annually in consultation with City service units and partner agencies. Each provides feedback on progress in achieving their respective actions and any changes required. At commencement, the action plan included an ambitious 124 actions in response to priority themes. The City being the lead agency for 68 actions, with the remaining 56 shared across partner agencies. Since then implementation has progressed well and a great number of actions have been achieved. The review process importantly has also identified shifting priorities in response to a changing early years environment and any action plan updates required as part of a continuous improvement cycle.


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The updated action plan includes 63 actions after prioritisation, consolidation and removal of achieved actions; with 56 of these in progress and 7 yet to commence. The City is now leading 29 and a further 34 actions are shared across partner agencies. This report provides an update concerning the City’s progress in achieving their MEYP actions. Attachment 1 contains the MEYP Annual Progress Report which presents major highlights in achieving the action plan to date. Significant highlights and achievements have included: • Gender equity in the early years, as a primary prevention approach to family

violence, has gained momentum locally. A highlight is the development of children’s book Rainbow Fox through the Communities for Children partnership. Rainbow Fox is an education and literacy tool for parents and early years professionals to talk with children about gender equity. The City also hosted a Gender Equity Forum and Workshop and is developing its first Gender Equity Strategy to further expand how we can jointly improve gender equity within a range of settings across Greater Bendigo.

• The construction of Strathfieldsaye Early Years Hub has progressed well and a

design for an accessible and inclusive supervised play space has been developed in consultation with users. Heathcote Community Children’s Services Association Inc has been successful in an application for capital facilities funding through the Department of Education and Training. The community is now closer than ever before to achieving child care for Heathcote. Detailed design of the Huntly Early Years Hub has commenced, comprising the expansion and upgrade of the Huntly Kindergarten facility and the addition of Maternal Child Health rooms.

• It was announced in February that a higher proportion of Greater Bendigo children

are fully immunised (97.43 per cent) in their fifth year of age than the state average. Alongside protecting the health of children, work to improve health and wellbeing through a settings approach has occurred. The Walk to School program was rolled out across the highest number of schools to date to increase active travel and Bendigo Health Smiles 4 Miles program continues to have success in supporting children to improve oral health at early years services.

• Parents have been supported to access early years programs and education, along

with building parenting skills and confidence through the Communities for Children Off to an Early Start Program. Resources to extend local parenting support offerings have been received through the Early Childhood Reform supported playgroups funding. The City will align this with the local model in operation.

• Successful neighbourhood events have been facilitated in Eaglehawk, Kangaroo

Flat, Huntly and Heathcote. The events are planned with a community development and capacity building approach at the forefront; the City supports each local community to lead their respective event, including the provision of activities on the day. Bendigo and District Aboriginal Cooperative hosted a highly successful NAIDOC Children’s Day event with over 700 children participating in activities that promoted Aboriginal and Torres Strait Islander cultures.


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• Key local partnerships are committed to working together to improve outcomes for

young children and their families include the Loddon Children and Youth Area Partnership and Communities for Children Bendigo.

Priority/Importance: The MEYP is of high importance as it prioritises the City’s commitment to the early years and enables the City to deliver on its vision and goals in the Community Plan. The MEYP supports the goals of the Health and Wellbeing Plan and the next MEYP will be developed under the Health and Wellbeing Plan framework for action. Timelines: The MEYP is a four year plan, commencing in 2015/16 and concluding in 2018/19. The MEYP action plan is reviewed annually. During the final year of implementation the MEYP will be evaluated, with a strong focus on assessing governance effectiveness and measuring partnership outcomes. Development of the next MEYP will commence during this time, informed by the evaluation. Risk Analysis: Key risks include the capacity to deliver on the large number of MEYP actions, meeting infrastructure needs for growth areas under resource restrictions and sustainability of new projects detailed in the MEYP. These risks are mitigated by the annual review and update of the action plan. This review cycle has included a detailed update of the action plan and the prioritisation, consolidation and removal of achieved actions. A quality planning process has been undertaken for the early years infrastructure project in Huntly. New partnerships have been established in the Huntly community in preparation across a range of projects including the Huntly Family Fun Day. Should external funding opportunities present themselves, the project is in a strong position to mobilise and be achieved. However, external funding would require a Council contribution. Consultation/Communication Extensive community consultation was undertaken for the development of the MEYP. Consultation to review and update the MEYP action plan has occurred annually with partner agencies and City service units responsible for implementing respective actions. Resource Implications The implementation of the MEYP has been achieved using existing City resources and budget. A number of actions have utilised external funding.

Attachments

1. ANNUAL PROGRESS REPORT AND ACTION PLAN UPDATE 2018

Strengthening the Economy Environmental Sustainability - Reports Ordinary Meeting - 16 May 2018

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4. STRENGTHENING THE ECONOMY

Nil.

5. ENVIRONMENTAL SUSTAINABILITY

Nil.

Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

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6. EMBRACING OUR CULTURE AND HERITAGE

6.1 GREATER BENDIGO RECONCILIATION PLAN PROGRESS RE PORT


Author Fiona Machin, Inclusive Communities Officer Responsible Vicky Mason, Director Health and Wellbe ing Director

Purpose

To provide a progress report on the implementation of the City of Greater Bendigo Reconciliation Plan (2016-2019) and to highlight the key achievements to date.

Summary

The Reconciliation Plan (2016-2019) (the RP) articulates Council’s commitment to supporting the reconciliation process and to closing the gap of disadvantage between Aboriginal and Torres Strait Islander peoples and other Australians. The RP adopts a ‘whole of Council’ action planning framework, and builds on previous initiatives delivered by the City as part of its early reconciliation journey. Leading the Reconciliation Plan within the organisation is the Community Partnerships Unit, and the Reconciliation Plan Steering Committee. The RP follows the strategic framework of Reconciliation Australia and its Reconciliation Action Plan program, and focuses on the three themes of Relationships, Respect and Opportunities. Under each theme are a series of practical actions (93 actions in total) that drives the organisation’s contribution to reconciliation both internally and within the Greater Bendigo community. The majority of actions have commenced and are being delivered across the organisation. Of the 93 actions, 27 actions have been achieved, 44 are in progress, and 16 are yet to be progressed. Six actions are not proceeding due to changing community need and the consolidation of other actions. Additional priority areas have been identified for the next two years including enhancing economic participation through procurement and employment opportunities, strengthened community participation and leadership, and improving cultural safety across the organisation. Throughout the RP’s implementation, a report will be prepared and presented to Council annually for the life of the plan. This report focuses on the key achievements in relation to the Action Plan for the July 2016 to December 2017 period.


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RECOMMENDATION

That Council acknowledge the Progress Report for the City of Greater Bendigo Reconciliation Plan 2016-2019. RESOLUTION Moved Cr Williams, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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

Policy Context

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

Goal 6.5 Advancing Reconciliation

Objective 6.5.1 Strengthen the relationship between Council and Indigenous

Communities Continue to encourage Indigenous groups and enterprises to tender for Council contracts through engagement with relevant groups and review of contract documentation where needed Incorporate Indigenous knowledge into native vegetation management

Objective 6.5.2 Implement the adopted Reconciliation Action Plan Explore opportunities that enable wider understanding of our Indigenous Australian culture

City of Greater Bendigo Reconciliation Plan (2016-2019) City of Greater Bendigo Health and Wellbeing Strategy 2016-2021 Principle Connected to Culture and Community Objective Support inclusive communities by valuing Aboriginal and Torres Strait

Islander people


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Rural Communities Strategy Principle 3 Realising the unique values and the social and economic potential of

our rural communities Objective 3.6: That Council continue to work with the Dja Dja Wurrung and

Taungurung communities to ensure that the City’s indigenous heritage is appropriately protected, recognised and celebrated

Greater Bendigo Environment Strategy 2016-2021 Principle 8: Culture and Communities Action 8.1. Acknowledge and raise awareness of Indigenous culture, including

support for Traditional Owner country plans – Dhelkunya Dja


The City of Greater Bendigo continues to develop and enhance positive relationships with Aboriginal and Torres Strait Islander peoples. According to the 2016 Census, approximately 1,846 residents (1.7%) within Greater Bendigo identify as Aboriginal and Torres Strait Islander, an increase from 1,447 in 2011. The majority of the Aboriginal and Torres Strait residents (57%) are aged between 0 – 24 years. Aboriginal and Torres Strait Islander peoples experience the worst health outcomes of any population group in Victoria, and continue to be over-represented in almost all measures of inequality and disadvantage. Key to these poor health outcomes has been a legacy of trauma and racism, brought on by past government policies resulting in the Stolen Generations. Victoria experienced the highest proportion of Aboriginal people removed from their families (13% compared to 8% nationally), and over 47% of Aboriginal people have a relative who was forcibly removed from their family in Victoria. The gap of Aboriginal disadvantage is evidenced by:

• A life expectancy gap of approximately ten years between Aboriginal and non-Aboriginal Australians

• One in three Aboriginal people experiencing medically-diagnosed depression or anxiety

• High levels of inter-generational trauma contributing to high rates of family violence, experience of homelessness, and out-of-home care for children

• Higher rates of Aboriginal young people in the justice system, with a third experiencing mental health issues, and the majority (62%) being victims of abuse, trauma or neglect and

• Experiencing higher unemployment rates (2.7 times higher than for non-Aboriginal Australians).


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The City has a history of actively supporting local Aboriginal and Torres Strait Islander peoples. Key initiatives have included the inclusion of Acknowledgement Country protocols at Council and organisational meetings; flying the Aboriginal and Torres Strait Islander flags; and supporting the annual NAIDOC Week flag-raising and civic reception. In 2015, planning commenced on the City’s first Reconciliation Plan in response to a recommendation of the Independent Review 2013. The Review recommended the development of a Reconciliation Action Plan to further demonstrate the City’s commitment to the local Aboriginal and Torres Strait Islander community and to the reconciliation journey. The City of Greater Bendigo RP was developed following an extensive consultation process with the Traditional Owners and broader Aboriginal and Torres Strait Islander community, the Reconciliation Action Plan (RAP) Working Group, and internally across all City Service Units. The RP follows the strategic framework of Reconciliation Australia and its Reconciliation Action Plan program, and focuses on the three themes of Relationships, Respect and Opportunities. Under these themes, the RP identifies 22 objectives and 93 actions using a ‘whole-of-Council’ action planning framework. The RP and its related actions support the City’s broader vision for reconciliation, this being:

• Adopting a holistic ‘whole-of-organisation’ approach.

• Strong healthy relationships between the City and Aboriginal and Torres Strait Islander peoples that support continued dialogue and informs decision making.

• Assuming a leadership role to drive reconciliation across the municipality.

• Implementing relevant and evidence-based actions, and ensuring accountability to the Aboriginal and Torres Strait Islander community.

• Increasing the cultural inclusion and participation of Aboriginal and Torres Strait Islander peoples within City functions, events and services.

Championing the RP is the Reconciliation Plan Steering Committee (see Attachment 1 for current membership list). The Steering Committee oversees and monitors the implementation of the RP and supports the ‘whole-of-Council’ approach to delivery. In 2016, discussions commenced with Reconciliation Australia to seek endorsement of the current RP as a recognised Reconciliation Action Plan or ‘RAP’. However, the City will not be seeking formal endorsement of the current Reconciliation Plan as a RAP at this stage due to the changes required to implementation timeframes, content and actions. Given the progress to date, the City will continue to deliver on the RP and will evaluate its progress in 2019. Work to achieve formal endorsement from Reconciliation Australia for a City of Greater Bendigo RAP will commence in 2019.


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The RP responds to the City’s legislative responsibilities under the Victorian Charter of Human Rights and Responsibilities Act 2006; the Aboriginal Heritage Act 2016; and the Dja Dja Wurrung – Victorian Government Recognition and Settlement Agreement as part of the Traditional Owner Settlement Act 2010. Previous Council Decision(s) Date(s): Council endorsed the Reconciliation Plan (2016 – 2019) on June 29, 2016.

Report

The RP provides Council, the local Aboriginal community and the broader community with a clear understanding of the City of Greater Bendigo’s commitment to reconciliation and the local Aboriginal community. At the end of 2017, the City and the Reconciliation Plan Steering Committee reviewed implementation of the RP, and this report highlights achievements to date. Since its launch, the majority of RP actions have commenced and are being delivered across the City. Of the 93 actions, 27 actions have been achieved; 44 are in progress; and 16 are yet to commence. Following feedback from external and internal stakeholders, six actions will not be progressed due to changing community needs and the consolidation of some original actions (see Attachment 2 ). The City has achieved progress under each theme especially in relation to: engaging with Dja Dja Wurrung Clans Aboriginal Corporation (DDWCAC) on land management and promotion of traditional cultural practices; showcasing Aboriginal and Torres Strait Islander performances and artists through the Capital Venue and Events; improving the cultural safety of the City’s community service provision; and strengthened partnerships and service delivery with the Bendigo & District Aboriginal Cooperative (BDAC). Key achievements of the RP to date include:

• Commencement of the Aboriginal Cultural Heritage Land Management Agreement (ACHLMA) pilot project in 2016 in partnership with Aboriginal Victoria.

• Supporting partner on Wanyarram Dhelk project, working with DDWCAC and North Central Catchment Management Authority to deliver land management and restoration works on three local sites.

• Aboriginal Cultural Awareness Training for staff commenced in November 2017, and Dja Dja Wurrung ‘On-Country’ cultural awareness session was delivered to Councillors in 2017.

• Commencement of an Aboriginal trainee in the People & Culture Unit (12 month position).


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• All Maternal and Child Health staff completed the Communities for Children Cultural Safety Self Reflection Tool and cultural sensitivity training delivered to Early Years staff.

• City support for annual NAIDOC Week and Reconciliation Week activities including the inaugural Bendigo Indigenous Film Festival in 2017.

• Scarred trees relocated to Ulumburra Theatre in December 2016.

• In 2017, there were three Aboriginal and Torres Strait Islander performances of note as part of Capital Theatre and Events program, these being: Hart (She Said Theatre), Coranderrk (Ilbijerri Theatre), and Terrain (Bangarra).

• In October 2017, Council endorsed the name Gurri Wanyarra Wellbeing Centre for new indoor aquatic and wellbeing centre in Kangaroo Flat.

The RP Summary Progress Report (July 2016 – December 2017) at Attachment 3 presents all the major achievements to date. While progress has been achieved, City staff and the RP Steering Committee also identified key areas of focus for the organisation going forward. This will ensure the City continues to successfully implement the RP, and sets strong foundations for the development of the next reconciliation plan. It will also help to embed reconciliation principles across the entire organisation, and assist the City to take a leadership role in reconciliation across the municipality. The following projects and overall action areas will be prioritised by the RP Steering Committee for the next 12 months:

• Review the City’s procurement processes and engagement with local Aboriginal businesses to increase Aboriginal economic participation opportunities. Internal discussions have commenced and this project is being assisted by the Aboriginal Affairs Unit of Local Government Victoria.

• Increase Aboriginal representation and participation in City decision making and ensure the City is accountable to the community. A recommendation will be presented to Council in 2018 on developing an Aboriginal and Torres Strait Islander Advisory Committee in line with RP Action 12.c.

• Increase organisational cultural safety to ensure the City is a culturally supportive workplace and City services are culturally responsive to Aboriginal and Torres Strait Islander residents.

• Review and develop organisational measures to increase the number of Aboriginal people employed by the City via the development of an Aboriginal employment and inclusion program or similar policies.


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Priority/Importance: The ongoing implementation and review of the RP is of high importance as it demonstrates the City’s ongoing commitment to reconciliation and delivers on actions identified within the Community Plan. Timelines: The RP commenced in June 2016 and will be reviewed and evaluated in 2019. Risk Analysis: The RP reflects the City of Greater Bendigo’s commitment to reconciliation. It has been developed to enable the City to support the reconciliation process and to help close the gap of disadvantage between Aboriginal and Torres Strait Islander peoples and other Australians. Key risks identified include:

• Insufficient engagement and participation of Aboriginal and Torres Strait Islander peoples in City decision making and processes, and in ensuring reconciliation initiatives are community-led and informed.

• Not working in a ‘whole-of-Council’ approach to deliver the RP and its actions, or managing reconciliation being progressed at ‘two speeds’ across different business units.

• Poor cultural safety and cultural responsiveness across the organisation which prevents the City from being seen as an inclusive and welcoming space for Aboriginal clients, customers or potential employees.

• Lack of sufficient organisational change to ensure the principles underpinning the RP and the City’s reconciliation journey are fully embedded across all levels and understood by staff.

City staff are currently working to mitigate these risks in the following ways:

• Increasing cultural awareness training and workshops, and increased promotion of staff attendance at events and national days of significance for the Aboriginal community.

• Roll out of cultural safety measures across the organisation, such as cultural awareness and education, ‘good news stories’ and improved visibility of Aboriginal culture and protocols.

• Renewed focus on community engagement and partnerships with key stakeholders and networks including: DDWCAC, BDAC, NAIDOC Week Committee, Bendigo Local Aboriginal Network and the Bendigo Reconciliation Group.


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The City worked directly with Aboriginal and Torres Strait Islander people in the planning and development of the RP. Throughout its implementation, regular consultation has occurred with the Traditional Owners, local Aboriginal community organisations, and key Aboriginal and Torres Strait Islander representatives. Regular consultation is undertaken through the City’s Reconciliation Plan Steering Committee and a summary of the RP’s progress to date was reviewed and discussed at the November 2017 and March 2018 Steering Committee meetings. The City’s Inclusive Communities Officer with a focus on the RP has undertaken further community consultation and engagement, through a series of one-on-one and group meetings, since their commencement in November 2017. Extensive internal consultation has occurred with the City Service Units responsible for implementing specific actions under the RP.


The RP is being implemented within existing resources as part of allocations totalling $171,500 in the 2017/18 Operational Budget which includes $110,000 for labour costs, $57,000 for Reconciliation Plan projects and $4,500 for NAIDOC Week.

Attachments

1. Membership List for Reconciliation Plan Steering Committee 2. List of Actions Not Being Progressed 3. Reconciliation Plan (2016-2019) – Summary Report on Actions Achieved (July

2016 to December 2017)

Lead and Govern For All - Reports Ordinary Meeting - 16 May 2018

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7. LEAD AND GOVERN FOR ALL

7.1 FINANCE COMMITTEE REPORT AS AT 31 MARCH 2018


Author Nathan Morsillo, Manager Financial Strategy Responsible Kerryn Ellis, Director Corporate Pe rformance Director

Summary/Purpose

To provide Council with:

1. An analysis of the financial position of the City of Greater Bendigo (CoGB) to 31 March of the 2017/18 financial year.

RECOMMENDATION

That the Greater Bendigo City Council: 1. Receive the Finance Report comparing budgeted and actual revenue and expenses

to 31 March 2018, in accordance with the requirements of the Local Government Act. RESOLUTION Moved Cr Metcalf, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

Policy Context

City of Greater Bendigo Community Plan 2017-2021:

Goal 1 Lead and govern for all

Objective 1.3 Be innovative and financially responsible

Objective 1.4 Be accountable and efficient in its use of the community’s money


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In accordance with Section 138 of the Local Government Act 1989: “At least every 3 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.”

A review of 31 March 2018 financials was undertaken by the City's Finance Committee on 7 May 2018.

Report

This report provides an update on the financial performance in comparison to the adopted budget for the 2017/18 financial year. 1. Actual Financial Performance (as at 31 March 2018)

The City’s operating result as at 31 March 2018 is $2,760,846 favourable to budget. Operating Result - YTD Actual vs YTD Budget

Operating Result is a measure for accounting for an organisation's profit or loss for a given period. An Operating Result recognises all revenue and operating expenditure; it includes non-cash expenditure such as depreciation and non-cash revenue of donated assets.

YTD Budget 31/03/2018

Surplus/(Deficit)

YTD Actual 31/03/2018

Surplus/(Deficit)

Variance

$38,779,715 $41,540,560 $2,760,846 Favourable

The Income Statement for the period 01/07/2017 – 31/03/2018 is presented below:


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Major variances that contribute to the result include:

Area Fav / Unfav

Main Contributing Factors $

Contributions – Cash

Fav The favourable result is due to the timing of contributions for the Bendigo Stadium project.

$1,606,000

Interest on Investments

Fav Additional earnings due to holding higher levels of cash than budgeted.

$580,000


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Area Fav / Unfav

Main Contributing Factors $

Other Revenue Internal

Unfav Delay in internal invoicing for the works workshop and plant operations. There is a focus on line marking and tram track maintenance for the remainder of the year.

($1,300,000)

Employee Benefits

Fav Savings have been made following stage 2 restructures and some temporary savings have been made due to existing positions not being backfilled.

$3,253,000

Contract Payments, Materials and Services

Unfav The unfavourable result is primarily due to additional cost associated with running the City’s waste service. In particular the landfill cover, increased levy to meet EPA requirements at Eaglehawk landfill and additional agency and consultant costs. The timing of works on unsealed roads and reseals during dry months has also contributed to the unfavourable variance.

($3,226,000)

Plant & Equipment Operating Expense

Fav Variance is due in part to a lag in internal invoicing and some vacancies during the period leading to a backlog of minor and non-urgent repairs (staffing now back to full complement).

$620,000

Unfavourable - Depreciation / Amortisation

Unfav As a result of a review on all Council buildings, individual components are now recorded more accurately. Instead of having one building value being depreciated over its useful life, building components are depreciated over different useful lives. Components include structure, roof, and mechanics and fit out. This change has increased depreciation charges in the current year to being higher than budget.

($1,568,000)

Cash Result - YTD Actual vs YTD Budget

The City’s cash result for the first half of the financial year is $87,622 unfavourable to budget as at 31 March 2018.

The Cash 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 31/03/2018

YTD Actual 31/03/2018

Variance

$28,840,735 $28,753,113 ($87,622) Unfavourable


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2. Forecast Performance (01/07/2017 – 30/06/2018)

The forecast for 31 March 2018 is reported in the same format as the year to date actual comparison to budget, operating and rate results. Operating Result - Forecast v Annual Budget

Annual Budget 30/06/2018

Forecast 30/06/2018

Variance

Surplus Surplus Variance

$22,584,515 $24,218,350 $1,633,835 Favourable

Major variances that contribute to the forecast favourable operating result include:

Area Fav / (Unfav) Details $

Contributions - Cash

Favourable Cash contributions are favourable due to the timing of contributions for the Bendigo Stadium redevelopment being delayed from last financial year to this financial year.

$4,648,000

Government Grants - Capex

Favourable Due to receiving unbudgeted grants for the Bendigo Tennis pavilion construction and the Scott Street bridge in White Hills.

$3,540,000

Interest on Investments

Favourable Additional earnings due to higher levels of cash than budgeted.

$436,000

Employee Benefits

Favourable Savings have been made following stage 2 restructures and savings in FTE due to less service hours provided due to the transition to NDIS in the home support program

$2,212,000

Contract Payments, Materials and Services

Unfavourable The unfavourable forecast is due to $4.6M of additional costs associated with waste services, in line with the YTD Actual comments above. There are also additional recycling costs in this financial year, which will be partially offset by a State Government grant.

($5,328,000)

Depreciation/ Amortisation

Unfavourable As a result of a review on all Council Buildings, individual components are now recorded more accurately. This change increases Depreciation charges in the current year to being higher than budget.

($3,062,000)


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Cash Result - Forecast v Annual Budget

Annual Budget 30/06/2018

Forecast Result 30/06/2018

Variance

Deficit Deficit

($187,347) ($376,273) ($188,926) Unfavourable (refer progressive summary below)

3. Progressive Cash Surplus/Deficit Summary

The cash result is managed on an ongoing basis rather than annually, as the impact from previous year's results may affect the following year's budget. With this in mind the table below shows:

Annual Budget Surplus/(Deficit)

Forecast Result Surplus/(Deficit)

2017 Cash Result – starting point (forecast includes 16-17 carry forwards)

($58,228) ($22,999,578)

Accumulated Surplus Carried Forward 30/06/17

$30,039,502 $30,039,502

Carried Forward Capital Work Projects from 2016-17

($29,647,092) N/A

Grants received in 2016-17 not spent at 30 June 2017, that relate directly to projects in 2016-17

($520,229) N/A

Capital Projects identified at 31/03/18 as requiring Carry Forward into 2018-19

N/A ($7,416,197)

Grants Received in 2017-18 relating to 2018-19

N/A -

Forecast Accumulated Surplus/(Deficit) Carried Forward 30/06/18

($187,347) ($376,273)

Conclusion

The Finance Committee has reviewed the Statement comparing Budgeted and Actual Revenues and Expenses to 31 March 2018, and the financial forecast for 2017/18.


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7.2 RECORD OF ASSEMBLIES


Author Jessica Clarke-Hong, Manager Governance Responsible Kerryn Ellis, Director Corporate Per formance Director

Purpose

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

RECOMMENDATION

That Council endorse the record of assemblies of Councillors as outlined in this report. RESOLUTION Moved Cr Fyffe, Seconded Cr Flack. That the recommendations contained in the Lead and Govern for All Report Nos. 7.2 (Record of Assemblies) and 7.3 (Contracts Awarded Under Delegation) be adopted.

CARRIED

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

Policy Context

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

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


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A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors (5) and a

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

Report

Meeting Information Meeting Name/Type

Sustainability and Environment Advisory Committee

Meeting Date 3 April 2018 Matters discussed 1. Spring Gully Mountain Bike Trail Network Masterplan

2. Greater Bendigo Planning Scheme Review 2018 3. Greater Bendigo Public Space Plan 4. BSG Sustainability Festival\ 5. Bendigo Power Hub 6. Electric Bus

Attendees/Apologies Councillors Cr Jennifer Alden

Cr Margaret O'Rourke Cr Andrea Metcalf

Staff/ Community Representatives

Mr Anthony Sheean Mr Bernie O'Sullivan Mr Trevor Budge Mr Mark Stubbs Ms Emma Bryant/ Ms Jess Milroy Mr Chris Weir Mr Colin Smith Mr James Shaddick Mr Geoff Caine Ms Kathryn Stanislawski Apologies: Ms Bridget Maplestone Ms Morgan James/ Ms Pamela Beattie M/S Terri Williams Ms Kelly Button

Conflict of Interest disclosures Matter

No. Councillor/officer making disclosure Councillor/officer left

meeting Nil


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Meeting Information

Meeting Name/Type

Councillors'-Only Meeting

Meeting Date 4 April 2018 Matters discussed 1. Conduct discussions

2. CEO update

Attendees/Apologies Councillors Cr Margaret O'Rourke

Cr Jennifer Alden Cr Matt Emond Cr George Flack Cr Rod Fyffe Cr Julie Hoskin Cr Andrea Metcalf Cr James Williams Cr Yvonne Wrigglesworth


Mr Craig Niemann Ms Kerryn Ellis

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil


Councillors' Briefing

Meeting Date 4 April 2018 Matters discussed 1. Draft External Budget Final Review and Draft Annual Plan

2. Marong Business Park 3. Section 89 Confidential Report 4. GovHub 5. Resolutions for MAV State Council 6. Councillor Community Engagement Program 7. Draft Ordinary Meeting Agenda review 8. Forward Agenda 9. Actions from Councillor Briefings

Attendees/Apologies

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


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Apology: Cr Julie Hoskin


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


Matter No.


Nil




2. CEO update


Cr Jennifer Alden Cr Matt Emond Cr Rod Fyffe Cr Julie Hoskin Cr Andrea Metcalf Cr James Williams Apologies: Cr George Flack Cr Yvonne Wrigglesworth




Matter No.


Nil


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Meeting Information

Meeting Name/Type


Meeting Date 9 April 2018 Matters discussed 1. Planning matters and draft Ordinary Meeting agenda

Review 2. Marong Business Park 3. 49 Napier Street, Eaglehawk 4. Municipal Early Years Strategy 5. Huntly DCP 6. Hardcourt Facilities 7. Legal advice

Attendees/Apologies

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


Mr Craig Niemann Ms Vicky Mason Ms Kerryn Ellis Mr Bernie O'Sullivan Ms Debbie wood Mr Peter Hargreaves Apology: Mrs Jessica Clarke-Hong


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 5 March 2018 Matters discussed Planning application DSD/775/2017

11-15 Apsley Street, STRATHFIELDSAYE 3551 Approval of Development Plan, use and development of land for child care centre, 2 lot subdivision and display advertising signage

Attendees/Apologies

Councillors Cr. Yvonne Wrigglesworth Staff/ Community Representatives

Luke Bott Applicant Objectors


Matter No.


Nil



Meeting Date 14 March 2018 Matters discussed Planning application DS/272/2017

12 Ash Court, ASCOT 3551 3 Lot subdivision

Attendees/Apologies

Councillors Cr James Williams Cr Andrea Metcalf


Liz Commadeur Applicant Objectors


Matter No.


Nil


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Meeting Information

Meeting Name/Type


Meeting Date 28 March 2018 Matters discussed Planning application DC/547/2017

12-14 Myers Street, BENDIGO 3550 Development of land for a residential hotel (motel) and retail premises, reduction in the number of car parking spaces required and alteration of access to a Road Zone Category 1

Attendees/Apologies

Councillors Cr Julie Hoskin Cr James Williams


Chris Duckett Applicant Objectors


Matter No.


Nil



Meeting Date 11 April 2018 Matters discussed Planning application DC/795/2017

10 Mackenzie Street, BENDIGO 3550 Use and development of land for place of assembly (function centre), development of land for food and drink premises (tavern), use land to sell and consume liquor; internal alterations to a heritage building; waiver car parking and bicycle parking requirements; and display advertising signage

Attendees/Apologies

Councillors Cr Andrea Metcalf Cr James Williams Cr Julie Hoskin


Luke Bott, Senior Planner Ross Douglas, Manager Planning Applicant Objectors


Matter No.


Nil


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Meeting Information

Meeting Name/Type


Meeting Date 12 April 2018 Matters discussed Planning application DU/826/2017

9 Hunter Place, HEATHCOTE 3523 Use of land for a restaurant, the service and consumption of alcohol and a reduction in car parking requirements

Attendees/Apologies

Councillors Cr Yvonne Wrigglesworth Staff/ Community Representatives

Beth Lavery Applicant Objectors


Matter No.


Nil



Meeting Date 10 April 2018 Matters discussed Planning application DR/890/2017

19 Batten Street, CALIFORNIA GULLY 3556 Construction of second dwelling on a lot

Attendees/Apologies

Councillors Cr Andrea Metcalf Cr James Williams Cr Julie Hoskin


Grace Paisley, Planner Ross Douglas, Manager Planning Applicant Objectors


Matter No.


Nil


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Meeting Information

Meeting Name/Type



2. CEO update 3. MAV State Council Motions 4. Loddon Campaspe Mayors' meeting

Attendees/Apologies

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




Matter No.


Nil


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Meeting Information

Meeting Name/Type




Cr Jennifer Alden Cr Rod Fyffe Cr Julie Hoskin Cr Andrea Metcalf Cr James Williams Cr Yvonne Wrigglesworth Apologies: Cr Matt Emond Cr George Flack


Mr Craig Niemann Ms Vicky Mason Ms Kerryn Ellis Mr Bernie O'Sullivan Ms Debbie Wood Mrs Jessica Clarke-Hong Mr Peter Hargreaves


Matter No.


Nil


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7.3 CONTRACTS AWARDED UNDER DELEGATION


Author Lee Taig, Contract Support Administrator, G overnance Unit Responsible Kerryn Ellis, Director Corporate Perfo rmance Director

Purpose/Summary

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

RECOMMENDATION

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

(refer to page 103 - recommendation adopted)

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

Policy Context

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

Contract No Project Successful Contractor Value (GST Excl)

Delegated Officer Date Signed

Capital Contracts

CT000359 CCTV Update for the Bendigo Central Business District

Ironwood Security Pty Ltd

367,350.00 Vicky Mason 23 March 2018

CT000358 Eaglehawk Regional Play Space

CPE Landscaping Pty Ltd

874,487.40 Craig Niemann 23 March 2018

CT000377 North Bendigo Pavilion Design

GroupGSA 177,185.00 Vicki Mason 29 March 2018


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Service Contracts

CT000364

Supply & Delivery of 2 Landfill Compactors and 1 crawler

North West Services Pty Ltd Schedule of Rates

Craig Niemann

16 February 2018

Current annual Council Budget for the goods/services contracted via this schedule of rates is $360,000.00

CT000363

Provision of Maintenance Services for Lifts & Hoists

Otis Elevator Company Pty Ltd Schedule of Rates

Debbie Wood

19 March 2018

Current annual Council Budget for the goods/services contracted via this schedule of rates is $30,000.00


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8. URGENT BUSINESS

Nil.


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9. NOTICES OF MOTION

9.1 NOTICE OF MOTION: SUPPORTING, DIVERSIFYING AND GROWING OUR LOCAL FOOD ECONOMY

CR JENNIFER ALDEN That Greater Bendigo City Council, as part of the forthcoming review of the Economic Development Strategy, investigate the application of evidence-based land capability and sustainable water management system mapping, incorporating predictive modelling for local impacts of climate change. The purpose of doing so is to further support our Local Food Economy via the identification of premium quality agricultural land for a range of productive uses and investments in order to safeguard it from competing, non-complementary land uses. RESOLUTION Moved Cr Alden, Seconded Cr Metcalf. That Greater Bendigo City Council, as part of the forthcoming review of the Economic Development Strategy, investigate the application of evidence-based land capability and sustainable water management system mapping, incorporating predictive modelling for local impacts of climate change. The purpose of doing so is to further support our Local Food Economy via the identification of premium quality agricultural land for a range of productive uses and investments in order to safeguard it from competing, non-complementary land uses.

CARRIED Officer comment: Council’s current economic development strategy generally understates the city wide and regional significance of agriculture and the potential opportunities that exist and can be levered. The proposal to undertake some detailed research on opportunities that may exist is consistent with previous work in the City and region that has identified resources such as the terra rossa soils which have underpinned the development of the wine growing area along the Colbinabbin Range north of Heathcote. This proposed work has the potential to identify other significant resources.


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10. COUNCILLORS' REPORTS

Cr Williams reported on his attendance at the following meetings and events:

- Attended meeting at the Axedale Community Hall to listen to Fosterville Gold's presentation to the community at which it was highlighted the increased traffic and noise concerns; consideration in the State Government's announcement for $100m in rural road updates is to be advocated through local member, Maree Edwards

- Attended the Bendigo TAFE official opening of its new Fibre and Food Centre of Excellence - a great facility that focuses on the rapidly growing food and fibre industry

- Attended Bendigo Stadium Board meeting and encouraged everyone in the community to attend this Friday (25 May) to watch both the Lady Braves and Braves play in the new state of the art 4,000 seat court facility

- Attended the Holy Rosary Primary School centenary celebrations which was a great event

- Huntly ANZAC day ceremony continues to grow - Met with students from Eaglehawk Secondary College and the 3556 Magazine at

Lake Neangar and inspected the Mulga Bill Playground - Gardens of the Future - 2000 visitors to date and highlights the great emphasis on

our open spaces.

Cr Emond reported on his attendance at the following meetings and events:

- Chaired the Heritage Advisory Committee meeting – new committee doing some wonderful work

- Attended the Bendigo Kangan TAFE opening of Food and Fibre Centre of Excellence.

- Attended the Grand opening of Gardens of Future - Attended the Girton School Fair - Participated in sessions with the Fraunhofer Institute from Germany specialising in

innovative research methods - City Study from Canada

o Shows that local government is looking global this is fantastic and exciting. - Wonderful ANZAC day at Kangaroo Flat.

Cr Metcalf reported on her attended at the following meetings and events:

- Following recent surgery in Melbourne; it was good to hear the medical staff were talking about Bendigo as a weekend destination especially for arts.

- Anzac Day services at Eaglehawk and Goornong were well-attended - Discovery 'After dark tour' was a journey back in time. Very interesting. - Onsite visit to Truscott Reserve - Attended Cormac Russell session on Asset-based Community Development – so

inspiring – reminding participants that what we focus on is what we become known for. We need to focus on positives not negatives.

o To those who criticise please make sure you are well informed. o Ask if you have an issue.

- Again reminded what a privilege it is to be a councillor.


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Cr Alden reported on her attendance at the following meeting and events:

- Attended the opening of the Food and Fibre Centre of Excellence at Bendigo Kangan TAFE

- Attended the opening of the Gardens for the Future – looking forward to this progressing with a focus on edibles

- Tour of Gurri Wanyarra – not often you get to walk along bottom of swimming pool this size!

- Tour of Bendigo Stadium – very impressive with the amazing expanding seating - Attended naming of Faith Leech Aquatic Centre – great outcome, but a 'wintery'

swim for the Bendigo Hawks participants to celebrate! - Great opportunity to celebrate Filipino Fiesta in the Hargreaves Mall fundraiser - Attended the launch of the Central Victorian Women's Football Season - Spoke at the opening of Regional Critical Care Conference, 'Risky Business' - Spoke at both Queer Country Art Exhibition and the following week, at the

Bendigo Queer Film Festival, which was 15 years after I launched the first one when managing Women's Health Loddon Mallee!

- Proud to lay a wreath on behalf of Council at the Kangaroo Flat ANZAC Day service

- Attended the launch of the Salvation Army Red Shield Appeal - look out for Girton College students who will be collecting for the Appeal this weekend

- Opportunities to represent council at ANZAC day. - Encouraged all listeners to donate any excess coats and jackets to the Bendigo

Community Health's 'coat drive' for those in need - Attended a master class in Asset-based Community Development – was a

privilege to participate in this activity conducted Cormac Russell and conclude with their words, "The only thing that changes one story is another story".

Cr Fyffe reported on his attendance at the following meetings and events:

- Attended the opening of Bankrolling Bendigo Exhibition at the Post Office Gallery - a highlight

- Met with primary school students at Golden Square – students from 4 different schools

- Attended the opening of St Joseph's School Discovery Garden - Attended La Trobe Graduation for education and business students – always an

exciting time. - Opened the Australian Chrysanthemum Show - Attended Bendigo Special development school ANZAC day celebration - City studio talk was inspiring - Welcomed to Bendigo 400 participants in Taekwondo - Awarded recipients of Queen's prize Rifle Shoot at Wellsford Forest


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Cr Flack reported on his attendance at the following meetings and events:

- Attended the Premier's Budget Presentation Breakfast - Attended the Anzac day ceremonies at Kangaroo Flat and Bendigo with the Marist

Brass Band - Attended the Centenary celebrations at Holy Rosary Primary School - Applauded the laying of new synthetic track at Athletics centre - Attended various committee meetings - Attended the renaming of the Bendigo Aquatic Centre to the Faith Leech Aquatic

Centre


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11. MAYOR'S REPORT

The Mayor, Cr Margaret O'Rourke, tabled a report on her attendance at the following meetings and events: • Attended the Regional Cities Victoria meeting • Participated at the Loddon Campaspe Councils hosted by Buloke Shire Council • Guest speaker at the Convention for Regional Community Leaders (Loddon Murray

Community Leadership Program) • Attended and spoke at Relay for Life 2018 opening • Guest speaker at the Heathcote Golf Club 90th Anniversary Dinner • Spoke at the Grand Opening of the Garden for the Future Bendigo Botanic Gardens • Attended the Celebratory Dinner 125th Anniversary of Marist Brothers Education • Attended the Central Victorian Football League - Women's Season Launch • Attended the Bendigo Senior Secondary College ANZAC Day Ceremony • Attended the Eaglehawk ANZAC Day Service and participated in the Bendigo ANZAC Day

Commemorative Service • Welcomed attendees at the CityStudio Event • Presentation at the Fraunhofer Institute Seminar • Attended the Strathfieldsaye Fire Brigade 20th Anniversary Community Event • Met with the Finland Ambassador, HE Mr Lars Backström for a general discussion about the

industry sector in the Municipality. • Attended and took part in the panel discussion at the Accessible Greater Bendigo Forum • Attended the Regional Partnerships Loddon Campaspe 2018 Regional Assembly • Attended the Post Budget Briefing with Premier Hon Daniel Andrews MP • Met with Premier Hon Daniel Andrews MP to discuss the City's priorities • Spoke at the Official Opening of the Chinese ANZACS of the Loddon Mallee Region

Exhibition • Attended and spoke at the Official Ceremony of Holy Rosary Primary School Centenary

Celebrations • Officiated at the opening of St Joseph's Primary School Community Garden • Met with Minister Davis and Ms Wendy Lovell to promote the Priorities Booklet • Attended the Exhibition Opening Bankrolling Bendigo • Met with Minister Pulford to promote the Priorities Booklet • Spoke at the Faith Leech Aquatic Centre Naming Ceremony • Attended the Mother's Day Classic and presented medallions to the winners • Met with representatives from DELWP to promote the Priorities Booklet • Participated in numerous workshops and forums • Participated in numerous radio, newspaper, television media interviews and photo

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

issues.

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


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Tonight’s wrap up reminded the Mayor just how many things are going on and how busy everyone is getting involved in the community. The commitment and we are very busy however it is an absolute privilege to be a Councillor. At times we have to make difficult decision, however these need to be made for everyone.


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12. CHIEF EXECUTIVE OFFICER'S REPORT

The Chief Executive Officer, Mr Craig Niemann, tabled a report on his attendance at the following meetings and events: • Participated as MC at the official opening of the Garden for the Future

• Attended a meeting of Regional Cities Victoria

• Attended a meeting of Loddon Campaspe Councils, hosted by Buloke Shire Council

• Met with Ms Lisa Chesters to promote and discuss City of Greater Bendigo's priority project

booklet

• Attended a Board meeting of Bendigo Heritage Attractions

• Attended the ANZAC Day commemorative service

• Attended the Victorian Chamber of Commerce and Industry business lunch with Premier Hon

Daniel Andrews and Treasurer Tim Pallas

• Attended onsite tours of the Bendigo Stadium and Gurri Wanyarra Wellbeing Centre

• Attended the Loddon Campaspe Regional Partnership Assembly

• Attended a post budget briefing with Premier Hon Daniel Andrews

• Met with Minister Davis and Ms Wendy Lovell to promote and discuss City of Greater

Bendigo's priority project booklet

• Participated in regular media interviews

• Attended an internal Audit Committee meeting

• Met with Mr John Fletcher, Regional Manager, Department of Jobs, representing Senator the

Hon Michaelia Cash to promote and discuss City of Greater Bendigo's priority project booklet

• Met with Minister Jaala Pulford to promote and discuss City of Greater Bendigo's priority

project booklet

• Participated with Councillors in an onsite tour of Eaglehawk Eco Centre Recovery Shop

• Attended the Treasury 2018-19 Federal Budget briefing

• Met with representatives from DELWP to promote and discuss City of Greater Bendigo's

priority project booklet and Plan Greater Bendigo


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13. CONFIDENTIAL (SECTION 89) REPORTS

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

13.2 Confidential Report in accordance with Section 89(2)(a) of the Local Government Act relating to a personnel matter

RECOMMENDATION

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

CARRIED There being no further business, the meeting closed at 8:10 pm.

Confirmed: 20 June 2018 Chair

20180516 Council Minutes 16 May 2018 · 2020-01-14 · PAGE 1 Ordinary Meeting of Council VENUE:...

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