Amendment C215 to Greater Bendigo Residential Strategy (2014)

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    2.6 GREATER BENDIGO RESIDENTIAL STRATEGY AND ADOPTION OFGREATER BENDIGO PLANNING SCHEME AMENDMENT C215

    Document Information

    Author Andrew Cockerall, Coordinator Strategic Planning

    Responsible Prue Mansfield, Director Planning & DevelopmentDirector

    Summary/Purpose

    Amendment details: The amendment proposes to implement the Greater

    Bendigo Residential Strategy (2014). Changes proposed bythe amendment include: Updating the Municipal Strategic Statement to include a

    new clause Compact Bendigo, strengthen theprovisions relating to the Urban Growth Boundary,introduce new provisions relating to 10 minuteneighbourhoods and including the strategy as aReference Document.

    Various zone and overlay changes.

    No. of submissions: 71 in total (27 supporting, 32 seeking changes to the

    amendment, 12 opposing)

    Key issues: Inclusion of other land within the amendment. Urban Growth Boundary. Panel recommendations.

    Recommendation: That Council adopts Amendment C215 to the GreaterBendigo Planning Scheme as recommended by the Panel,with changes set out in this report, and request approvalfrom the Minister for Planning.

    Policy Context

    City of Greater Bendigo Council Plan 20132017 (2015-16 update)

    Planning for Growth

    Complete and implement the following major strategies through planning schemeamendments:

    Greater Bendigo Residential Strategy

    Background Information

    The key steps in the Amendment process are summarised below:

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    Previous Council Decisions

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

    zones.

    26/03/14 Council releases the draft Greater Bendigo Residential Strategy forcommunity comment.

    22/10/14 Council adopts the Greater Bendigo Residential Strategy and resolves tocommence the amendment process.

    06/05/15 Council considers submissions received to the exhibition of the amendmentand requests the appointment of an Independent Panel.

    Report

    Greater Bendigo Residential Strategy

    The Greater Bendigo Residential Strategy (2014)was adopted by Council on 22 October2014. The strategy establishes a framework to guide the residential growth of theMunicipality to 2040 and beyond.

    Send to Minister for Approvaland Gazettal and issue of

    Planning permit

    Council decides to Adopt orAbandon the Amendment

    Council requests an Independent

    Panel to consider submissions

    Submissions received

    Public Exhibition of Amendmentand permit application

    Council decides whether to seek

    Ministerial Authorisation

    Amendment and Planning permitapplication prepared

    Panel Hearing held

    We are at thispoint

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    The strategy is focussed on accommodating Bendigos future residential developmentthrough creating a compact city, vibrant City Centre, neighbourhoods and small townswhere people can readily access their daily needs and where there is real transportchoice rather than relying on the car.

    What the amendment does

    Amendment C215 implements the recommendations of the Greater Bendigo ResidentialStrategy (2014)into the Greater Bendigo Planning Scheme.

    The amendment is largely focussed on making strategy and policy changes within theMunicipal Strategic Statement (MSS) to reinforce the overall strategic direction ofpromoting a compact urban form.

    Among the key changes to the MSS proposed by Amendment C215 are:

    Updating the Key Issues and Influences clause to include issues such as liveability,transport integration and planning for health. Combining the Housing and Settlement clauses into a new clause Compact

    Bendigo. Strengthening the provisions around the Urban Growth Boundary (UGB). New strategies around 10 minute neighbourhoods, key development sites, housing

    density and diversity and design quality. Inclusion of the Greater Bendigo Residential Strategy (2014) as a Reference

    Document within the Planning Scheme.

    A number of zone and overlay changes are proposed in the amendment including: Land identified in the Strathfieldsaye Township Plan and Huntly Township Plan that

    was identified for residential development but is yet to be rezoned. These areas arebeing rezoned from a Rural Living Zone to either a General Residential Zone or aLow Density Residential Zone.

    Inclusion of land off Goynes Road, Epsom in the General Residential Zone. Removal of the Design and Development Overlay 10 which requires larger lot sizes

    from parts of Precinct 6 in Maiden Gully to allow for more conventional subdivision consistent with the Greater Bendigo Residential Strategy (2014).

    Consultation/Communication

    Exhibition procedures

    The Amendment was exhibited for 6 weeks between 5 February and 20 March 2015.

    Notice was provided in the following manner: Individual notices were sent to 700 residents, government agencies and interest

    groups who were affected by the amendment or had previously registered an interestin the Greater Bendigo Residential Strategy.

    Notices to the prescribed Ministers under Section 19(1)(c) of the Planning andEnvironment Act.

    Public Notice of the Amendment in the Bendigo Advertiser on 4, 7, 11, 14, 21 and 28February and in the McIvor Times on 5 and 12 February 2015.

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    Public Notice of the Amendment in the Government Gazette on 5 February 2015.

    As a result of these procedures, 68 submissions were received. Of the 68 submissions,27 supported the amendment, 31 submissions sought to have changes made (such asincluding additional land within the amendment) and 10 submissions were objections.

    Three late submissions were received immediately prior and during the Panel Hearingthat were accepted by the Panel.

    Submissions

    The major issues raised in the submissions were: Support for the strategic direction of the GBRS and the focus on promoting a

    Compact Bendigo. Submissions seeking to have additional land included within the UGB at various

    locations around the City.

    Inclusion of a number of parcels of land as Key Development Sites. Review of the zoning of individual parcels of land within the UGB. Support and opposition for the zone and overlay changes proposed by the

    Amendment. A submission regarding the lack of recreation facilities and clear strategic direction for

    Marong. Submissions from service authorities regarding aspects of Clause 21.05. Submissions from the planning and development industry relating to land supply,

    resourcing, capacity to realise infill development and consistency in decision makingand the application of the UGB.

    Response by the City to major issues raised in submissions

    Generally speaking the responses to the issues raised in the submissions were: Additional land should not be included within the amendment at this stage as they

    were not exhibited. These submissions are being considered in the context of theHousing Strategy.

    The submissions from government / servicing agencies and those seeking changesto the MSS are generally supported.

    The objecting submissions are not supported. The submissions relating to land supply and the UGB are acknowledged but not

    supported.

    The Panel Hearing

    The Minister for Planning appointed an Independent Panel to consider the Amendment.The Hearing was held on 20-23 July, 7-12 August and 11 September 2015. The Panelconsidered all written and oral submissions and material presented to it in connectionwith the Amendment.

    The Panel Report and Recommendations

    Included in the key findings of the Panel were:

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    Strong support for the Compact Bendigo model and recognition of the significant andcomprehensive background work that supports the strategy.

    Support for all proposed zone and overlay changes, subject to some minormodifications.

    The Panel was particularly impressed by how the City and the development industry

    have worked together. Planning for an eventual population of 200,000 needs to be actively pursued. The Panel expressed some concern regarding land supply given the time it takes to

    prepare structure plans, rezone land and lag times for development. The Panel supported the UGB but were concerned that the UGB is a medium term

    proposition and not a longer term planning tool and recommended that the alignmentof the UGB should be reviewed as part of the Housing Strategy.

    There is a need to review all zones and overlays, especially those related toneighbourhood character if infill development is to be pursued.

    Minor changes to the wording in the MSS which were agreed to during the hearing.

    In considering the Panels report in respect to: Land supplyagreement that we have 13-17 years greenfield land supply within the

    UGB and Marong but concern about whether it all can be brought on stream in atimely manner

    Planning for 200,000 peoplebeing able to identify where Bendigo will grow. The Panels recommendation to include two areas (Balgownie and Cherry Tree Lane)

    in the UGB but without setting out a clear strategic justification for the choice ofBalgownie over other sites the Panel identified as suitable for residential developmentin the longer term.

    The Panels acceptance that the Housing Strategy and Housing Audit will identify and

    detail land supply to ensure the governments 15 year requirement will be metconsiderable further analysis has been undertaken to clarify land supply and t to givegreater certainty about where and how the City could accommodate a population of200,000.

    That analysis has demonstrated with two separate exercises (one undertaken by staffand one undertaken by id consulting) that without bringing on more land throughrezoning from within the UGB a 15 year land supply is currently available and thatsupply will be further tested by an annual Housing Audit. If land supply is notadequate the City will bring timelines forward.

    That taking into consideration the adopted Residential Strategy and ITLUS, currentgrowth patterns, land suitability, likely take up rates, servicing, and land availability,

    Council should identify an area termed Maiden Gully North West embracing all ofBalgownie, Eaglehawk Golf Course and the intervening land and including theproposed site of the Maiden Gully Railway Station and land to the north of theEaglehawk Marong railway line, as a Structure Plan investigation area, to beconsidered as part of the next Residential Strategy Review which will commence in2022 and be ready for a scheduled adoption by Council in 2024. Noting that thisdoes not preclude landowners from undertaking relevant investigations in preparationfor consideration in the Structure Planning process. This area is indicated on thefollowing map:

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    Maiden Gully North West is clearly signalling that the area is confirmed as the nextarea for urban growth, not just potential for future growth. The Structure Planningprocess will involve the comprehensive technical analysis and design and communityengagement needed to resolve the exact boundary and the area would be developed.It is anticipated that the Structure Plan would commence in around 2022, dependingon land take up.

    The following table lists the Panel's recommendations and recommended response.

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    Table 1 Panel Recommendations

    Rec.No.

    Panel Recommendation Officer Recommendation

    1. Amend Clause 21.05-2 under UrbanGrowth Boundary Objective to addthe wording:

    To better manage the Citys growthby focusing development intodesignated growth areas, preventingdevelopment in areas which Councilwants to protect, and discouragingproposals to expand the urban areaexcept where consistent with the

    Bendigo Urban Area ResidentialGrowth Framework.

    AGREE

    2. Amend Clause 21.05-2 underStrategies to change the wording:

    (a) Dot point 1 - Rezoning proposalsfor sites that are not contiguouswith the Urban Growth Boundaryare strongly discouraged and willnot be supported unless they giveeffect to the ResidentialDevelopment Objectives in theGreater Bendigo ResidentialStrategy 2014.

    (b) Dot point 2 - Rezoning proposalsfor sites outside but abutting theUrban Growth Boundary arediscouraged with an assumptionthey will not be supported unlessthey are consistent with or giveeffect to the Residential

    Development Objectives in theGreater Bendigo ResidentialStrategy 2014. Consideration ofany sites will be on the merits ofthe proposal and must beaccompanied by a report thatdemonstrates the suitability of theland for urban development andaddresses the following matters:

    AGREE

    3. Amend Clause 21.05 2 to include the

    following criteria when consideringfuture rezoning:

    AGREE

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    (a) Whether the area is identified inthe Bendigo Urban AreaResidential Growth Framework asPotential Longer Term Growth.

    (b) Whether the site assists in buildingthe catchment for a township,neighbourhood centre or localschool and supports the 10 MinuteNeighbourhood principle.

    (c) Whether the site is within walkingdistance of a proposed or existingrailway station or bus route.

    4. Amend Clause 21.05 Framework Planto include the Kangaroo Flat SouthInvestigation Area (excluding FurnessStreet) within the Urban GrowthBoundary and a notation subject todetailed structure planning.

    The Panel considers that the area is alogical inclusion in the UGB and theforest is a natural boundary.

    The Residential Growth FrameworkPlan should identify the Kangaroo FlatSouth Investigation Area within theUGB with a recommendation that,prior to any rezoning, the land besubject to detailed structure planningand a planning regime that managesthe issues of risk and environmentalvalues.

    DISAGREE

    This is a relatively small area of landand its inclusion is likely to beincidental to the overall strategy.However, this land is not needed toaccommodate residentialdevelopment in the short to mediumterm to 2024.

    It is noted that Coliban Water hasexpressed concerns regarding waterpressure and sewer capacity on thesouthern fringes of urban Bendigo.The CFA have also indicated aconcern from a bushfire riskperspective. These are key issuesthat are yet to be addressed.

    This site forms a significant part ofBendigos major gateway-entrance.Design and presentation of this sitefrom the Highway is very importantand must be a major considerationin terms of the approval of anystructure plan.

    As an alternative it is recommendedthat the Residential GrowthFramework Planbe amendedtoidentify the land as being a Future

    Growth Area and for it to be activelyconsidered as part of the 2024

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    Rec.No.

    Panel Recommendation Officer Recommendation

    review of the strategy.

    This approach doesnt preclude the

    owners of the land undertaking theirown assessment and backgroundstudies and drafting a structure planand list of infrastructure theypropose to fund.

    5. Amend Clause 21.05 ResidentialGrowth Framework Planto identify theSimpsons Road Investigation Area asfor Potential Longer Term Growth.

    This area abuts an area that iscurrently developing, to be supportedwith a neighbourhood activity centre.Given the size of the investigationarea and the need to clarify thecontext of the Waste Water TreatmentPlant, it is recommended that theSimpsons Road Investigation Arearemain outside the UGB at this pointin time but that it be identified asPotential Longer Term Growth in theResidential Growth Framework Plan.

    AGREE

    6. Amend Clause 21.05 Framework Planto include the land west ofSchumakers Lane, north of HermitageRoad and south of the railway line(Balgownie) within the Urban GrowthBoundary and a notation subject todetailed structure planning.

    The Panel considers that the land

    west of Schumakers Lane, north ofHermitage Road and south of therailway line should be included withinthe UGB as a logical inclusion havingregard to its location and attributesand a strategic inclusion to supportservice infrastructure delivery into thewider Maiden Gully PSP area.

    DISAGREE

    This land is not needed toaccommodate residentialdevelopment in the short to mediumterm to 2024.

    This land is considered aspotentially suitable to meet the post

    202415 year land supply categoryas identified in the Bendigo UrbanArea Residential Growth FrameworkPlan

    It is recommended that theResidential Growth Framework Planbe amendedto identify the land asbeing part of a Maiden Gully NorthWest Structure Plan area, subject toa structure planning exercise whichwill be undertaken as part of thelead up to the next Residential

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    Rec.No.

    Panel Recommendation Officer Recommendation

    Strategy review scheduled to becompleted and adopted by 2024.

    This approach doesnt preclude theowners of the land undertaking theirown assessment and backgroundstudies and drafting a structure planand list of infrastructure theypropose to fund.

    7. Amend the Neighbourhood Charactersection in Clause 21.02 to include:The residents of Greater Bendigovalue the neighbourhood character

    and as a consequence Council iscommitted to ensuring theneighbourhood character of GreaterBendigo is both protected andenhanced through new residentialdevelopments while furthering theobjectives of the Greater BendigoResidential Strategy 2014.

    AGREE

    8. Amend Clause 21.035Implementation to delete the

    reference to the ResidentialDevelopment Strategy, 2004, insertApplying the Residential Growth Zoneto identified Key Development Sitesand include Prepare Structure Plansand a Housing Strategy underFurther strategic work.

    AGREE

    9. Replace the Incorporated Plan City ofGreater Bendigo Residential GrowthPlan(2009) (Amended 2012) with a

    plan consistent with the BendigoUrban Area Residential GrowthFramework Plan.

    AGREE

    10. Change the legend for the BendigoUrban Area Residential GrowthFramework Plan by replacing thewords Major Infill and Renewal Sitewith the words Key Development Siteto ensure clearer cross referencingwith Clause 21.05.

    AGREE

    11. For the Forest Park development, AGREE

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    244 Edwards Road, Maiden Gully:(a) Identify part of the site as a Key

    Development Site on the Bendigo

    Urban Area Residential GrowthFramework Plan in the GreaterBendigo Residential Strategy

    (b) Amend Clause 21.05-1 to includeand other activity centres,including the proposed LocalActivity Hub at 244 Edwards Road,Maiden Gully as a KeyDevelopment Site.

    12. Former VicRoads Depot, LansellStreet, Bendigo East:(a) Identify the site as a Key

    Development Site on the BendigoUrban Area Residential GrowthFramework Plan in the GreaterBendigo Residential Strategy

    (b) Amend Clause 21.05-1 to includethe former VicRoads Depot,Lansell Street, Bendigo East as aKey Development Site.

    AGREE

    13. La Trobe University land - OsborneStreet, Flora Hill(a) Identify the entire University site as

    a Key Development Site on theBendigo Urban Area ResidentialGrowth Framework Plan in theGreater Bendigo ResidentialStrategy.

    DISAGREE

    While the location of the athleticstrack will need to be incorporatedinto the planning for the remainderof the site it has never beenidentified for residentialdevelopment and will remain asactive open space.

    To include it as part of the KeyDevelopment Site would createuncertainty for users of the facilityand the community in general.

    14. Amend the extent of the GeneralResidential Zone and Low DensityResidential Zone at 29 Emu Street,Strathfieldsaye in accordance with themap in the City of Greater BendigoAttachments to SubmissionResponse to submission 5, aspresented at the Panel Hearing.

    AGREE

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    15. Seek an amendment under Section20(4) of the Planning andEnvironment Act 1987 to rezone theland known as Frog Hollow,Strathdale as Public Park andRecreation Zone, or PublicConservation and Resource Zone toreflect the role of the park or throughthe translation of the ResidentialZones.

    AGREE

    This has been referred to theStatutory Planning Department forinclusion in the next clean upamendment.

    16. The Urban Growth Boundary bereviewed as part of the upcomingHousing Strategy and Integrated

    Transport and Land Use Strategyimplementation with a long termgrowth scenario of a population of200,000 at 2041.

    AGREE

    The LMSRGP includes the target of

    200,000 people by 2041 (howeverthis is likely to be in 2050). TheRegional Growth Plans are adoptedstate policy and a Council policyposition.

    On the current trends and consistentwith id consultingprojections CoGBwould reach 200,000 by about 2050.

    Regardless of dates there is merit inhaving an overall plan setting outhow the City could support apopulation of 200,000 people. Adetailed report on this has beenprovided for Council consideration.

    Note: supporting thisrecommendation does not meanthat land needs to be zoned now orthat the UGB must nowembrace

    the area that could accommodate200,000only that Council canclearly indicate where this level ofpopulation can be accommodated.A separate report titled GreaterBendigo Land Use andDevelopment Strategy has beenprepared setting out a proposedframework to accommodate200,000 persons.

    17. When preparing the upcomingHousing Strategy and IntegratedTransport and Land Use Strategy

    AGREE

    The review of the planning controls

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    implementation, the City of GreaterBendigo should review the existingzoning, overlay and policy regime tofacilitate infill development in strategicareas consistent with the CompactCity principle within the GBRS.

    This recommendation came about asa result of submissions from thedevelopment industry who were of theview that current planning schemecontrols, in particular theneighbourhood character provisions,

    worked against the strategic directionof a Compact Bendigo.

    is important in pursuing a CompactBendigo, however this is asignificant piece of work and wouldneed to be done progressively.

    18.(a)

    The City of Greater Bendigo considerthe properties bounded by BendigoCreek, Buckland and Saade Streetsand Montis Lane, known as 1Buckland Street and 20 Montis Lane,should be further considered in theupcoming Housing Strategy with aview to future rezoning to GeneralResidential Zone and applying theLand Subject to Inundation Overlay asrequired.

    AGREE

    18.(b)

    The City of Greater Bendigo considerthe property at 91 Howard Street inthe context of its Housing Strategywith a view to future rezoning of all orpart of the land for residential usesubject to detailed consideration ofany buffer needs and environmentalconstraints.

    The Panel concludes that 91 HowardStreet is likely to have someresidential development potential butthere are significant planning issues tobe resolved before such a proposalcould be considered, includingwhether a buffer from the ColibanWater plant needs to affect theproperty.

    AGREEsubject to agreement withColiban Water and the EnvironmentProtection Authority.

    Issues around protecting theoperation of the Waste WaterTreatment Plant are critical giventhe importance of this infrastructure.

    The owners of the land canundertake their own assessmentand background studies to resolvethese issues.

    Any change to the zoning must beagreed to by Coliban Water and theEPA who have expressed concernswith the development of this site.

    Issues around bushfire risk wouldalso need to be resolved.

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    Panel Recommendation Officer Recommendation

    18.(c)

    The City of Greater Bendigo reviewthe zoning of 33G Sawmill Road andland fronting the Midland Highway inthe context of its Housing Strategywith a view to future residential use.

    The Panel supports the considerationof 33G Sawmill Road for infilldevelopment. Given notification hasnot occurred this should beconsidered in a future Amendmentwith the implementation of HousingStrategy.

    AGREE

    18.(d)

    The City of Greater Bendigo reviewthe zoning of 698 StrathfieldsayeRoad, Strathfieldsaye in the context ofits Housing Strategy with a view tofuture residential use.

    The Panel is reluctant to supportdirect rezoning of the land throughAmendment C215 given it was notincluded in the Amendment and therehas been no notice of it. However thePanel considers that Council couldconsider a site specific rezoning inadvance of the Housing Strategy.

    AGREE

    This is being considered as part ofthe Housing Strategy.

    18.(e)

    The City of Greater Bendigo reviewthe zoning of 467 Somerset ParkRoad, Strathfieldsaye in the context ofits Housing Strategy with a view tofuture residential use.

    AGREE

    19. The City of Greater Bendigo in its

    Housing Strategy undertake structureplanning for the White Hills area.

    The Panel considers Council shouldundertake a PSP for White Hills,including development contributionsand further planning work with ColibanWater.

    As with the Huntly and Maidens Gullyareas, it is recommended that the

    Council undertake a strategic reviewof its Low Density Residential areas

    AGREE IN PRINCIPLE

    The position put to the Panel wasthat this is an area that needs to bereviewed. However there areconcerns about including a structureplan within the Housing Strategy.

    A fully developed structure plantakes considerable resources andtime that are not currently budgetedor planned for.

    Alternate mechanisms to a fully

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    within the UGB. While character is animportant factor, not all characterneeds to be protected. Council hasmade the case for infill over sprawl,and in that context, needs a zoningregime which supports this approach.

    developed structure plan are beinginvestigated.

    20. The City of Greater Bendigo reviewthe density provisions in theStrathfieldsaye Township Plan inrelation to land outside Schedule 26 tothe Design and Development Overlayin the preparation of the HousingStrategy, having regard to the

    Compact City principle in the GBRS.

    The 1,500 square metres reference inthe Strathfieldsaye Township Plan forPrecinct 7 ought to carry little weightas it has not been translated into astatutory control and is inconsistentwith the GRZ and strategic focus ofthe GBRS for a Compact City. Thisreference ought to be reviewed aspart of the Housing Strategy.

    AGREE

    In addition to the recommendations made by the Panel, comments were made on anumber of submissions that should be noted by Council.

    Property/Submitter

    Summary ofIssue

    Panel Comments Officer Comment

    Precinct 6,Maiden Gully

    The amendmentproposed toremove theDDO10 control

    that has aminimumsubdivision sizeof 1500m2.

    Submissionswere receivedthat bothsupported andopposed theremoval of the

    DDO10.

    The Panel understandsthe concerns of submitterswith regard to the impactsof increased density and

    that the area will undergochange over time.However the GBRSstrategically identifiesMaiden Gully as a keygrowth area and the Panelagrees that removing theDDO10 for this area,which is zoned GRZ andin close proximity to thetown centre, to allow

    subdivisions of less than1,500 square metres will

    Consistent withCouncils positionthat it presentedat the Panel

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    Property/Submitter

    Summary ofIssue

    Panel Comments Officer Comment

    assist in delivering landsupply and the CompactCity model.

    Huntly(BagshotInvestigationArea)

    The GBRSindicates theland as beingidentified ashaving potentiallonger termgrowth.

    The submittersought to havethe land included

    within the UGB.

    Given the current landsupply in Huntly, the Priceland should remainidentified as PotentialLonger Term Growth.

    Consistent withCouncils positionthat it presentedat the Panel

    Kangaroo Flat(LockwoodRoadInvestigationArea)

    The GBRS doesnot support anychange to thezoning of theland or itsinclusion withinthe UGB.

    The submitterssought to have

    the land includedwithin the UGBand identified ashaving potentiallonger termgrowth.

    The Panel considers that,in the long term, landwithin the Lockwood RoadInvestigation Area has arole in Bendigossettlement however thisneeds to be consideredwithin the constraints ofthe industrial useneighbouring the site. The

    area should be reviewedin the context of ITLUSimplementation and theHousing Strategy and nochange is recommendedthrough this Amendment.

    This land is notneeded toaccommodateresidentialdevelopment inthe 15 yearplanning horizon.Review in 2024.Therefore it is notconsidered that

    there is a need tofurther review inthe context ofITLUSimplementationand the HousingStrategy.

    FormerEaglehawk GolfClub Site, 255Golf LinksRoad, MaidenGully

    The GBRSindicates theland as beingidentified ashaving potentiallonger termgrowth.

    The submittersought to havethe land includedwithin the UGB.

    Given the proximity of thesite to the UGB, it is notconsidered a logicalinclusion for the purpose

    of this Amendment whichis applying a short tomedium term UGB.Therefore the Panel doesnot recommend includingthe land within the UGB aspart of this Amendment.

    However, having regard tothe site characteristics and

    in line with the conclusionsand recommendations inChapter 5 regarding

    This land is notneeded toaccommodateresidentialdevelopment inthe short tomedium term to2024.

    This land isconsidered aspotentiallysuitable to meetthe post 2024

    15 year landsupply categoryas identified in

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    Property/Submitter

    Summary ofIssue

    Panel Comments Officer Comment

    planning for a long termUGB (beyond 2024), thePanel encourages Council

    to consider this site infuture strategic work andperhaps send a strongermessage about itdevelopment potential insubsequent planning.

    In the meantime thedesignation of PotentialLong Term Growth isappropriate and provides

    enough direction for futureservice planning tocommence. No change isrecommended.

    the BendigoUrban AreaResidential

    GrowthFramework PlanGreater BendigoLand Use andDevelopmentStrategy.

    As an alternativeit isrecommendedthat the

    ResidentialGrowthFramework Planbe amended toidentify the landas being part of aFuture GrowthArea MaidenGully North WestStructure Planarea, subject to a

    structure planningexercise whichwill beundertaken aspart of the leadup to the nextResidentialStrategy reviewscheduled to becompleted andadopted by 2024

    and for it to beactivelyconsidered aspart of the 2024review of thestrategy.

    This approachdoesnt precludethe owners of theland undertakingtheir ownassessment and

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    Property/Submitter

    Summary ofIssue

    Panel Comments Officer Comment

    backgroundstudies anddrafting a

    structure plan andlist ofinfrastructure theypropose to fund.

    Maiden Gully(Wicks RoadInvestigationArea)

    The GBRS doesnot support anychange to thezoning of theland or itsinclusion withinthe UGB due to

    significantenvironmentalimpacts

    The submitterssought to havethe land includedwithin the UGBand identified ashaving potentiallonger term

    growth.

    The Panel has consideredthe submissions andevidence from Tall Treescarefully, and at facevalue considers that theplanning arguments forincluding the site within

    the UGB as put by MrKusznirczuk arepersuasive. It is temptingto contemplate anextension of the UGBperhaps south alongOlympic Parade tostraighten up theboundary. Having viewedthe evidence in ecologyand fire, the Panel also

    accepts that the propertycould support someresidential development,albeit with careful designto protect both vegetationand manage bushfire risk.However, the Panel onbalance does not considerthat this could musttranslate to should in thisinstance. The site remains

    heavily constrained andthere is not in the Panelsview a demonstratedimperative to extend theUGB into this environmentat this time. Uptake of landwithin the UGB shouldcontinue to be the primaryfocus.

    This is in contrast toHermitage Road area inMaiden Gully outside the

    Consistent withCouncils positionthat it presentedat the Panel.

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    Property/Submitter

    Summary ofIssue

    Panel Comments Officer Comment

    UGB where the Panel issupporting its inclusiondue to its largely

    unconstrained nature.Development of the WicksRoad site would entailsignificant impact on alarge remnant parcel ofvegetation outside theUGB and require a highlyfinessed bushfireresponse. The Panel isnot satisfied that, in a netcommunity benefit sense,

    realising the developmentpotential of the siteoutweighs the potentialimpact on the naturalenvironment.

    Huntly (124Pasley Street,Huntly)

    The GBRS doesnot support anychange to thezoning of theland.

    The submittersought to havethe land includedwith a GeneralResidentialZone.

    The Panel does notrecommend changes tothe zoning for 124 PasleyStreet, Huntly in thisAmendment. However,having regard to its

    findings in Chapter 7, itrecommends the zoningregime in this area bereviewed, whether throughthe upcoming HousingStrategy or furtherstrategic work.

    Consistent withCouncils positionthat it presentedat the Panel.

    8 SettlersPlace, MaidenGully

    The GBRS doesnot support anychange to the

    overlay controlsthat apply to theland.

    The submittersought to havethe DDO10(1500m2 lot size)removed.

    With regard to 8 SettlersPlace, the Panelunderstands why this area

    was not included withinthe Maiden Gully PSParea as it is substantiallydeveloped with aparticular bush suburbanlow density character.Given the development ofthe area, it is unlikely thatsubstantial additional yieldwould be realised. In this

    context the DDO10 shouldcontinue to apply to thisarea.

    Consistent withCouncils positionthat it presented

    at the Panel.

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    Property/Submitter

    Summary ofIssue

    Panel Comments Officer Comment

    137-155Edwards Road,

    Maiden Gully

    The GBRS doesnot support any

    change to thezoning of theland.

    The submittersought to havethe land includedwith a GeneralResidentialZone.

    The Panel has inspectedthis area and, having

    reviewed the PlanningScheme maps, notes thatthe properties in questionare affected by a series ofenvironmental overlaysincluding the VPO, ESOand BMO. The propertiesare heavily vegetated andare surrounded to thesouth and west by FZ.

    Given the environmentalconstraints on the site, nochanges to the zoning arerecommended.

    Consistent withCouncils position

    that it presentedat the Panel.

    1108WellingtonStreet,Strathfieldsaye

    The amendmentproposed torezone the site topart GeneralResidential Zoneand part Low

    DensityResidential Zoneconsistent withtheStrathfieldsayeTownship Zone.

    The submittersought to havethe entire sitezoned General

    Residential.

    The proposed LDRZ alongthe front of the site willsupport the outcomeproposed under DPO26,as well as the VPO. ThePanel supports the zoning

    of part GRZ and LDRZ asproposed under theAmendment.

    Consistent withCouncils positionthat it presentedat the Panel.

    57 WalmerStreet,Strathfieldsaye

    The amendmentproposed torezone the site toa GeneralResidentialconsistent withtheStrathfieldsayeTownship Plan.

    The submittersought to retain

    The rezoning does notrequire development ofthe land and vegetationissues can be addressedas necessary ifdevelopment were tooccur.

    No change is

    recommended to theAmendment.

    Consistent withCouncils positionthat it presentedat the Panel.

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    Property/Submitter

    Summary ofIssue

    Panel Comments Officer Comment

    the Rural LivingZone

    58 Mannes

    Lane,Strathfieldsaye

    The amendment

    did not proposea change tozoning of theland.

    The submittersought to havethe land includedwithin theGeneralResidential

    Zone.

    The Panel considers while

    the Intensive AnimalIndustry remains and isactive, an adequate buffermust be preserved andthe zoning of the landshould reflect this. GivenCouncils response, it isunderstood thatdiscussions will continue.In addition, having regardto proper notification,

    rezoning should not occurin this Amendment. ThePanel does not supportrezoning in thisAmendment.

    Consistent with

    Councils positionthat it presentedat the Panel.

    14 Gray Street,Huntly

    The amendmentdid not proposea change tozoning of theland.

    The submittersought to havethe land includedwithin the RuralLiving Zone orLow DensityResidentialZone.

    Having regard to thestrategic intent of theGBRS, the Panelconsiders this site isconsiderably isolated from

    the UGB and there is nostrategic justification torezone the property at 14Gray Street, Huntly underthis Amendment. Withoutdetermining the merit orotherwise, this mattershould instead beconsidered in the contextof the Rural CommunitiesStrategy.

    Consistent withCouncils positionthat it presentedat the Panel.

    Marong The submitterwas critical of thelack of structureplanning forMarong andprovision of openspace.

    The Panel considers that,given the substantialgrowth experienced todate and planned forMarong in the GBRS,structure planning,community planning andprovision of open spaceinfrastructure and

    community services in thetown is urgent.

    Consistent withCouncils positionthat it presentedat the Panel.

    Preliminary workon the PSP hascommenced.

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    Property/Submitter

    Summary ofIssue

    Panel Comments Officer Comment

    The Panel is not in aposition to recommend thelocation of the new

    recreation reserve butencourages Council toresolve this issue as partof the 2016 PSP.

    Ascot The amendmentdid not proposea change tozoning of theland.

    The submittersought to havethe area rezonedto a ResidentialCharacter Zone

    The Panel finds that thearea does not have adistinct character worthpreserving, the definingelement of character isthat it has no discrete

    cohesive character. Thereis no strategic justificationwithin this Amendment toapply new controls whichlimit residentialdevelopment within theUGB.

    Consistent withCouncils positionthat it presentedat the Panel.

    GovernmentAgencies

    Various

    Thesesubmissionssought to have

    various changesmade to thewording in theMSS.

    The Panel has reviewedthe suggested minorwording changes. The

    Panel does not considerany of these wordingchanges are substantiveor determinative of theAmendment and issatisfied that Council canreview them and makechanges as appropriate.

    Consistent withCouncils positionthat it presented

    at the Panel.

    Housing Strategy

    The next stage in the implementation of the Greater Bendigo Residential Strategy is tofinalise the Housing Strategy. Whereas the GBRS considered residential developmentat a strategic level, it is the Housing Strategy that will consider in more detail planningscheme changes and the use of the new suite of residential zones.

    The C215 Panel also raised a number of issues and sites that also need to be factoredinto the Housing Strategy.

    It is anticipated that the draft Strategy will be presented to Council in April/May this year

    and then released for community comment.

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    Conclusion

    The Greater Bendigo Residential Strategy (2014) has been through an exhaustivedevelopment process. This included engagement with the community, the developmentindustry and other stakeholders.

    Amendment C215 is proposing to implement the strategy into the Greater BendigoPlanning Scheme. The amendment went through an extended exhibition period andattracted more than 70 submissions of which only 12 objected to the amendment.

    The Independent Panel appointed to consider the amendment supported the strategy, inparticular the proposed strengthening of the UGB and a Compact Bendigo. The Paneldid raise some concerns with regard to land supply and as a result of this furtherinvestigations have been undertaken. It is now the view of Officers that there is morethan enough land to satisfy the 15 year requirement in the State Planning PolicyFramework and as such there is no need to include additional land with the UGB.

    Options

    Council has the option of: Adopting the Amendment in accordance with the above Officer Recommendations

    and sending to the Minister for Planning for Approval Adopting the Amendment in accordance with the Panels recommendations and

    sending to the Minister for Planning for Approval. Adopting the Amendment in part. Abandoning the Amendment under the Planning and Environment Act 1987.There is

    no right of review of a council's decision not to support the Amendment.

    Resource Implications

    Budget Allocation in the Current Financial Year: $90,000

    Previous Council Support: There has been past financial support for the development ofthe Greater Bendigo Residential Strategy but none for the subsequent Planning Schemeamendment.

    External Funding Sources: Funding was been received from Regional DevelopmentVictoria to develop the Greater Bendigo Residential Strategy. No external funding has

    been received associated with the planning scheme amendment.Any known or anticipated variance to budget: None known

    Projected costs for future financial years: There will be costs associated with the nextreview of the strategy estimated to commence in 2022.

    Any ongoing recurrent expenditure required: None anticipated.

    Attachments

    Panel report

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    RECOMMENDATION

    That the Greater Bendigo City Council resolve to:

    1. Confirm its commitment to a Compact Bendigo and that it has satisfied therequirements under State Planning Policy to accommodate the projected populationgrowth over a 15 year period.

    2. Adopt Greater Bendigo Planning Scheme Amendment C215 with changes outlined inTable 1 of this report.

    3. Forward the adopted Amendment to the Minister for Planning for Approval, togetherwith the prescribed information pursuant to Section 31(1) of the Planning andEnvironment Act 1987.