MINUTES Ordinary Meeting of Council - City of Greater Bendigo · 2020-01-14 · will live on in...

MINUTES

Ordinary Meeting of Council

6.00pm Wednesday 25 March 2015

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

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 15 April 2015

Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s Agendas & Minutes

can be obtained online at www.bendigo.vic.gov.au

http://www.bendigo.vic.gov.au/

Council Vision

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

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

Transparency - Information about Council decisions is readily available and easily understood;

Efficiency and effectiveness - Council provides services based on evidence of need and demonstrates continuous improvement in the delivery of services;

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

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

Respect for community priorities and needs - Council will advocate for improved services for community members and will consider community impact and feedback the decisions it makes.

Themes 1. Planning for Growth

2. Presentation and Vibrancy

3. Productivity

4. Sustainability

5. Leadership and Good Governance

ORDINARY MEETING WEDNESDAY 25 MARCH 2015

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 6

PRAYER 6

TRIBUTE TO FORMER COUNCILLOR AND MAYOR, MR DARYL McCLURE 6

PRESENT 7

APOLOGIES 7

LEAVE OF ABSENCE 7

SUSPENSION OF STANDING ORDERS 8

PUBLIC QUESTION TIME 8

RESUMPTION OF STANDING ORDERS 8

CR FYFFE'S REPORT 8

DECLARATIONS OF CONFLICT OF INTEREST 9

CONFIRMATION OF MINUTES 10

1. PETITIONS AND JOINT LETTERS 11

1.1 PETITION: HOME AND COMMUNITY CARE SERVICES 11

1.2 PETITION: PROPOSED CLOSURE OF BENDIGO EARLY

LEARNING CENTRE

13

1.3 PETITION: ACCESS TO BEILHARZ ROAD,

RAVENSWOOD

14

1.4 RESPONSE TO PETITION: KRONK STREET 16

1.5 RESPONSE TO PETITION: RATE RISES 24

1.6 ELECTRONIC PETITIONS RECEIVED 29

1.7 PETITION: REQUEST SHARED PATH ALONG EDWARDS

ROAD, MAIDEN GULLY (BETWEEN MONSANTS ROAD

AND THE EXISTING ASPHALT PATH ON EDWARDS

ROAD)

31

1.8 PETITION FOR INDEPENDENT REVIEW C.O.G.B. 33

2. PLANNING FOR GROWTH 34

2.1 PLANNING SCHEME AMENDMENT C207 - FIXING THE

PLANNING CONTROLS ALONG THE HIGH STREET

ENTRANCE INTO BENDIGO

34

2.2 ADOPT PLANNING SCHEME AMENDMENT C193 AND

SUBDIVISION PLANNING PERMIT - 428 CALDER

HIGHWAY, MAIDEN GULLY

42

2.3 2 OLD HIGH STREET, 14 OLD HIGH STREET, 10 ROSE

STREET, 33 - 35 SHAMROCK STREET, GOLDEN SQUARE

3555 - ADDITIONAL GAMING MACHINES; EXTENSION TO

HOTEL AND USE AND DEVELOPMENT OF

ACCOMODATION

54

2.4 17-19 DEBORAH STREET, GOLDEN SQUARE 3555 - USE

AND DEVELOPMENT OF LAND FOR WAREHOUSES,

ASSOCIATED CAR PARKING, WORKS AND

ADVERTISING SIGNAGE, REMOVAL OF NATIVE TREES,

EXTENSION AND ALTERATIONS TO EXISTING BUILDING

82

2.5 GREATER BENDIGO PLANNING SCHEME AMENDMENT

C216 - HOSPITAL PRECINCT STRUCTURE PLAN

102

2.6 DRAFT COMMUNITY ACCESS AND INCLUSION PLAN

2015-2018

109

3. PRESENTATION AND VIBRANCY 115

4. PRODUCTIVITY 116

4.1 COMMERCIAL LAND AND ACTIVITY CENTRE STRATEGY 116

5. SUSTAINABILITY 128

5.1 APPOINTMENT OF MEMBERS TO THE SUSTAINABILITY

AND ENVIRONMENT ADVISORY COMMITTEE

128

6. LEADERSHIP AND GOOD GOVERNANCE 132

6.1 APPOINTMENT TO BENDIGO ART GALLERY BOARD 132

6.2 PROGRESS REPORT IMPLEMENTATION INDEPENDENT

REVIEW RESPONSE TO RECOMMENDATION 8 - CITY

FUTURES

134

6.3 LODDON MALLEE REGIONAL STRATEGIC PLAN 2015-

2018

141

6.4 AUTHORITY TO UNDERTAKE A GENERAL VALUATION

OF RATEABLE LAND 2016

143

6.5 RECORD OF ASSEMBLIES 145

6.6 CONTRACTS AWARDED UNDER DELEGATION 154

7. URGENT BUSINESS 155

8. NOTICES OF MOTION 155

9. COUNCILLORS' REPORTS 155

10. MAYOR'S REPORT 156

11. CHIEF EXECUTIVE OFFICER'S REPORT 158

12. CONFIDENTIAL (SECTION 89) REPORTS 159

12.1 Any other matter which the Council or special committee

considers would prejudice the Council or any person

159

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 25 March 2015

PAGE 6

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

TRIBUTE TO FORMER COUNCILLOR AND MAYOR, MR DARYL McCLURE

"As Mayor I pay tribute to Daryl McClure on behalf of the citizens of Greater Bendigo. Daryl was a former Mayor and Councillor of Greater Bendigo and a Victorian State Parliamentarian. Daryl was a passionate Bendigonian who worked hard all his life to improve the quality of life for all residents. He had a lot of common sense in the way he went about his work. In his inaugural speech to the Victorian Parliament, he spoke glowingly about Bendigo's 'old world charm' and he worked diligently throughout his life to ensure that our magnificent heritage was protected for future generations to enjoy. He fought to protect Rosalind Park as if it was his own backyard and as Councillor and Mayor, always offered alternative solutions. Daryl's interest in local government never waned and he never shied away from letting Council know if he felt it was on the wrong track. I will miss Daryl's wisdom, knowledge and experience built up over a lifetime as will many who enjoyed his discussions and forthright comments. Thank Daryl for a lifetime of work for Greater Bendigo and the State of Victoria. Your inspiration will live on in many of us to do things differently and for the greater good. I acknowledge Daryl's wife, Elaine, daughter, Denita, son, Trent and sister, Roma. I know you will have many treasured memories of Daryl's life with you".


PAGE 7

PRESENT

Cr Peter Cox Cr Rod Campbell Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Mr Craig Niemann (Chief Executive Officer) Ms Marg Allan (Director, Organisation Support) Mr Stan Liacos (Director, City Futures) Ms Pauline Gordon (Director, Community Wellbeing) Ms Prue Mansfield (Director, Planning and Development) Mr Darren Fuzzard (Director, Presentation and Assets) Mr Andrew Lyons (A/Manager, Executive Services) Mrs Alison Campbell

APOLOGIES

Nil

LEAVE OF ABSENCE

Leave of Absence for the next Council Meeting on Wednesday 15 April, 2015, has been requested by Cr Lisa Ruffell. MOTION Moved Cr Campbell, seconded Cr Weragoda. That the request from Cr Ruffell for Leave of Absence for the Council Meeting on Wednesday 15 April 2015, be approved.

CARRIED


PAGE 8

SUSPENSION OF STANDING ORDERS

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

CARRIED

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

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

CARRIED

CR FYFFE'S REPORT

Cr Fyffe reported on the recently held successful Fire Brigade Championships and Madison Carnival; the resurfacing of the tennis courts at Spring Gully; attendance at the closing ceremony of the Festival of Cultures and attendance at the information session for volunteers for the Bendigo Easter Festival.


PAGE 9

DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the minutes; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) 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 applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest. Cr Rod Fyffe declared a conflict of interest (indirect interest because of conflicting duties) in the Leadership and Good Governance Report No. 6.2 (Progress Report Implementation Independent Review Response to Recommendation 8 - City Futures) as he is a member of the Bendigo Art Gallery Board. Cr Lisa Ruffell declared a conflict of interest (indirect interest because of conflicting duties) in the Planning for Growth Report No. 2.6 (Draft Community Access and Inclusion Plan 2015-2106) as she is employed by Bendigo Access Employment.


PAGE 10

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 4 March 2015. The following items were considered at the Ordinary Council meeting held on Wednesday 4 March 2015 at 6:00pm.

Planning Scheme Amendment C201 - New Heritage Places and Heritage Efficiency Review of Consideration of Submissions/Refer to Panel

6A Barney Street, North Bendigo - 3 Lot Subdivision and Construction of 2 Dwellings

308 Barnard Street, Ironbark - Demolition of Outbuilding and Partial Demolition of Dwelling, Two Lot Subdivision, Construction of a 2 Storey Dwelling, Alteration and 2 Storey Extension to Dwelling, Construction of Garage, Retaining Wall and Fences

Visit to the City of Haimen, Jiangsu Province, China

Driver Education for Youth Program

Dower Park Master Plan

Progress Report Independent Review Implementation

Council Plan 2014-2015: Second Quarter Report to 31 December 2014

Finance Report as at 31 December 2014 and Mid-Year Budget Review 2014-2015

Record of Assemblies

Contracts Awarded Under Delegation The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 4 March 2015 as circulated, be taken as read and confirmed. RESOLUTION Moved Cr Campbell, seconded Cr Leach. That the recommendation be adopted.

CARRIED


PAGE 11

1. PETITIONS AND JOINT LETTERS

1.1 PETITION: HOME AND COMMUNITY CARE SERVICES

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

A petition has been received regarding the provisional decision for the City of Greater Bendigo to withdraw from providing Home and Community Care services, as outlined below: "Council at its meeting of 11th February 2015 had made a provisional decision to

withdraw from providing Home and Community Care (HACC) services. Before Council makes a final decision, a consultation process is to be undertaken to ensure staff, their representatives and the community have an opportunity to provide feedback about Council's provisional decision.

By signing this petition you are showing your support for keeping these services

provided by OUR local government an saving the jobs of 165 employees who work in this department of the City of Greater Bendigo currently.

The City of Greater Bendigo wants to close all Home and Community Services no

later than 30th September, 2015. Thank you for your support!". Signatures - 2,588

Council resolved to make a final decision on Home and Community Care Services on the 25 March 2015, however, following representations from staff and the Australian Services Union, it is proposed to support an extension of time until 2 April 2015 for further discussion and consultation between the Australian Services Union and its affected members.


PAGE 12

RECOMMENDATION

1. That the petition be received and considered as part of the feedback on the future of Home and Community Care Services.

2. That Council recognise that further discussion and consultation is needed with

regard to the future of Home and Community Care Services and that Council acknowledge that a final decision on Home and Community Care Services will not be made at this meeting, but at a subsequent meeting, following the conclusion of the discussion and consultation on 2 April 2015 and that all interested and affected parties be advised of this decision.

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

CARRIED


PAGE 13

1.2 PETITION: PROPOSED CLOSURE OF BENDIGO EARLY LEARNING CENTRE

[Petitions and joint letters with ten (10) or more signatures are included in the agenda or tabled at the meeting, unless there is a separate legal process for considering the petition or joint letter, as there is for planning submissions or submissions following public notices (Section 223 LGA)]. A petition has been received regarding the proposed closure of the Bendigo Early Learning Centre, as outlined below: "To Councillors and Management at City of Greater Bendigo Petition of: Decision to close the Bendigo Early Learning Centre in December

2015. On behalf of the undersigned, the Australian Services Union (ASU) calls on

Councillors and Management at the City of Greater Bendigo to rescind their decision to close the Bendigo Early Learning Centre in December 2015".

Signatures - 1,171

RECOMMENDATION

That Council: 1. receive the petition and thank the submitters; and 2. authorise the Chief Executive Officer or his delegate to reaffirm to the Australian

Services Union, Council's resolution dated 22 October 2014, to close the Bendigo Early Learning Centre by December 2015.

RESOLUTION

Moved Cr Fyffe, Seconded Cr Lyons. That the recommendation be adopted.

CARRIED


PAGE 14

1.3 PETITION: ACCESS TO BEILHARZ ROAD, RAVENSWOOD


The following petition has been received from the Ravenswood Interchange Community Group, requesting Council to advocate to VicRoads for access to Beilharz Road, Ravenswood from the proposed new highway, as outlined below: "We the undersigned requested the City of Greater Bendigo Council to lobby

VicRoads to ensure that people can access Beilharz Road from the proposed new highway via a slip road in the Buckeye Creek area, using the existing southbound road".

Signatures - 80 It is acknowledged that VicRoads is having discussions with residents in the area. The requested access to Beilharz Road by the petitioners has implications for Council in regard to increased road length that would ultimately become its responsibility following completion of the project. This matter requires further investigation and discussion with VicRoads to fully understand these implications.


PAGE 15

RECOMMENDATION That the petition be received and a response be prepared within two (2) meetings. MOTION Moved Cr Campbell, Seconded Cr Weragoda. That the petition be received and a response be prepared within three (3) meetings.

CARRIED


PAGE 16

1.4 RESPONSE TO PETITION: KRONK STREET

Document Information

Author Andrew Smith, Transportation Engineer Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

The purpose of the report is to respond to the petition presented to Council on 11 February 2015 from residents and users of Kronk Street, Golden Square.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017 (2014-2015 Update):

Theme: 4 Productivity

Challenges and Opportunities

Essential infrastructure, footpaths, drainage, well built and maintained roads are essential for economic and social purposes.

Theme: 5 Sustainability

Challenges and Opportunities

Keeping our assets and infrastructure in good repair is an important principle.

Background Information

The following petition was tabled from concerned residents in Golden Square regarding speeding issues in Kronk Street, as outlined below: “To the City of Greater Bendigo re speeding issues in Kronk Street, Golden Square,

we urge the Council to act on this urgent matter before there is a fatality by installing speed humps or close the street access at Marong Road or some other device to stop reckless behaviour.

We the undersigned are concerned citizens who urge our leaders to act now”. Signatures - 92


PAGE 17

Previous Council Decision(s) Date(s): At the Council meeting on 11 February 2015 Council resolved "that the petition be received and a response be prepared within two (2) meetings." Kronk Street is designated as a collector road in the City of Greater Bendigo’s (CoGB) Road Hierarchy. It operates at the default urban speed limit of 50km/h. There are 50km/h speed signs facing vehicles coming off the Calder Highway.


PAGE 18

Traffic counts were arranged at both ends of Kronk Street. The results are shown in the Table 1 below.


PAGE 19

Table 1: Traffic Count Data:

Location Vehicles per day (VPD)

Percentage of Commercial Vehicles

*85% speed (km/h)

Percentage of speeding vehicles over limit by more than 10km/h

AM peak 8am to 9am

PM peak 5pm to 6pm

Kronk Street near the Calder Highway

870 3.0% 61.2 6.7% 85 106

Kronk Street near Symonds Street

1524 3.8% 56.5 20.1% 175 167

*The 85% speed or 85th percentile speed is the speed that 85% of vehicles travel at or below.

The highest speed recorded in Kronk Street near the Calder Highway was 99.5km/h and near Symonds Street was 92.9km/h.

Report

The petition from members of the Golden Square community suggested two actions they believed would address the issue of speeding in Kronk Street. The first was to install speed humps and the second was to close Kronk Street at Marong Road (Calder Highway). Road Closure As the area to the west of Kronk Street is heavily treed and could present a risk in a bushfire, having an alternative access to properties is desirable in case of emergencies. Closing Kronk Street at the Calder Highway would also see the residents of some houses having to travel over 4km to get onto the Calder Highway. The closing of Kronk Street would also cause an undesirable increase in traffic on the gravel section of Symonds Street as an alternative access to the Calder Highway. This would likely increase the traffic on Symonds Street to the west of Aspinall Street from 3,500vpd to around 4,500vpd. The CoGB's Infrastructure Design Manual indicates that a 'Collector Road' such as Symonds Street has a capacity of 3,000vpd. As Symonds Street is already sustaining higher than recommended capacity, a road closure of Kronk Street may result in accelerated deterioration of Symonds Street and traffic management issues, particularly at intersections associated with the higher traffic volume. Road Humps Road humps are useful for reducing the traffic speeds to below the posted speed limit with the greatest effect noticed at the hump’s location. Traffic speeds in between humps often revert to the default speed limit. As such, this makes road humps an effective device to slow down traffic at a specific location; for example where a concentration of pedestrians cross a road.


PAGE 20

Road humps can also discourage drivers from using certain routes through residential areas as short cuts. Given that the alternative route in this case would add 4km to the trip, road humps would be unlikely to discourage traffic from using Kronk Street as it is currently the most direct route. When investigating road humps, a number of criteria are considered to determine if road humps would be appropriate and effective. Kronk Street’s assessment against these criteria can be seen in Table 2 below: Table 2: Assessment against road hump criteria:

# Criteria Assessment of Criteria

1

Street within a built up area where speed limit of 60km/h or less currently applies.

Yes

2 Local Street, as defined by Council's Road Hierarchy Plan.

No - Collector Road

3 Streets currently enjoying intersection priority not exceeding 500m in length.

No - 1,500m long

4 Streets not exceeding 12m in width between kerb lines, unless angle parking or flank tree planting exists.

Yes

5 Substantial support of residents abutting the streets is demonstrated.

Yes

6 Streets not forming part of a regular school or urban bus route without the permission of the bus operator.

Yes

7 Streets which do not form part of an important access to commercial or industrial development.

Yes

8 Streets carrying less than 500 vehicles per day. No - 1,524vpd

9 Streets that allow for spacings of 80m to 120m between road humps.

Yes

10 Streets where slow points are not on bends in the road.

Yes

11 Streets that are well lit especially in the area of the proposed speed humps.

No. The section near the Calder Highway is in a rural setting and has no lighting.

12 Streets where in excess of 5% of vehicles exceed the speed limit by 10km/h or more.

Yes. At least 6.7% of vehicles speed by more than 10km/h at the Symonds Street end.

13 Streets where it is desirable to reduce the speed limit to 25km/h for safety concerns such as high concentration of pedestrians crossing at a specific location.

No. This is not a high pedestrian area and the urban section has good footpath infrastructure.

To be effective, road humps need to be spaced 100m to 120m apart. Therefore, ten road humps would have to be installed along Kronk Street with two requiring new street lighting.


PAGE 21

Road humps also create extra road noise. Potentially, at least fourteen properties would be adversely affected by the installation, particularly due to the relatively high traffic volume. With significant traffic volume at night, noise from speed humps may impact on residents trying to sleep. With these points in mind and due to Kronk Street not complying with relevant criteria as per Table 2, the installation of road humps is not recommended as a viable option for speed management. Petitioners have also suggested "some other device to stop reckless behaviour" should closure or road humps be unsuitable. Given that the other two suggestions are not feasible and that traffic count data shows a relatively high percentage of speeding vehicles, the CoGB has provided traffic information to the Victoria Police in order for the data to be used for targeted enforcement of speeding on Kronk Street. The CoGB will also add Kronk Street to a list of locations around the municipality that will host a 'Speed Alert Mobile' (SAM) trailer on loan from VicRoads in coming months. SAM works as a highly visible educational tool that detects and relays the speed of an approaching vehicle to the driver, along with a short message. It is an effective way to educate road users on the appropriate speed limit. To reinforce the appropriate speed limit in the long term, CoGB has applied to VicRoads for approval to install 50km/h 'repeater' speed signs in Kronk Street.

Conclusion

The petition received from residents and users of Kronk Street, Golden Square requested either the closure of Kronk Street at the Calder Highway, installation of road humps or some other measure to reduce speeding along Kronk Street. An assessment of Kronk Street against the criteria for installation of road humps found that the street is not suitable for this treatment. Secondly, the closure of Kronk Street at the Calder Highway would cause an unsustainable concentration of traffic onto Symonds Street and restrict access routes in an emergency. Therefore, a closure of Kronk Street at the Calder Highway is also deemed an undesirable treatment to manage speed in this instance. In order to assist Victoria Police with their enforcement of speed limits along Kronk Street, information gathered at recent traffic count sites to the north and south of Kronk Street will be passed on to aid a targeted approach to speed limit enforcement. With regular follow ups in the same location, an increased police presence can have lasting impact on vehicle speeds in problem areas. The CoGB will also make use of a Speed Alert Mobile trailer and, subject to VicRoads' approval, install 'repeater' speed signs along Kronk Street to educate road users on the appropriate speed limit.

Attachments

Nil.


PAGE 22

RECOMMENDATION

That Council, having considered the petition in relation to speeding in Kronk Street: 1. Not support the closing of Kronk Street at the Calder Highway.

2. Not support the installation of road humps along Kronk Street.

3. Acknowledge the following: - traffic count data has been provided to Victoria Police for targeted enforcement; a Speed Alert Mobile (SAM) trailer will be used to inform drivers of their speed in Kronk Street; a request for approval to install additional 50km/h speed signs has been made to VicRoads.

4. Notify the submitters of the petition of Council's decision. MOTION 1 Moved Cr Chapman, Seconded Cr Fyffe. That Council, having considered the petition in relation to speeding in Kronk Street: 1. Not support the closing of Kronk Street at the Calder Highway.

2. Prepare a further report on installing a maximum of four (4) speed humps in Kronk Street, starting at approximately 300 metres from the south end of Kronk Street.

3. Acknowledge the following:- traffic count data has been provided to Victoria Police for targeted enforcement; a Speed Alert Mobile (SAM) trailer will be used to inform drivers of their speed in Kronk Street; a request for approval to install additional 50km/h speed signs has been made to VicRoads.

4. Notify the submitters of the petition of Council's decision.

LOST Cr Chapman called for a Division on the voting for the motion (1). Those voting in favour of the motion: Cr Peter Cox (Mayor), Cr Elise Chapman, Cr Rod Fyffe, Cr Helen Leach Those opposed to the motion: Cr Rod Campbell, Cr Barry Lyons, Cr Lisa Ruffell, Cr James Williams, Cr Mark Weragoda


PAGE 23

MOTION 2 Moved Cr Campbell, seconded Cr Weragoda. That Council, having considered the petition in relation to speeding in Kronk Street: 1. Not support the closing of Kronk Street at the Calder Highway.

2. Not support the installation of road humps along Kronk Street

3. Acknowledge the following:- traffic count data has been provided to Victoria Police for targeted enforcement; a Speed Alert Mobile (SAM) trailer will be used to inform drivers of their speed in Kronk Street; a request for approval to install additional 50km/h speed signs has been made to VicRoads.

4. Continue to investigate practical and innovative solutions to address the problem and reporting back within three (3) months.

5. Notify the submitters of the petition of Council's decision.

CARRIED


PAGE 24

1.5 RESPONSE TO PETITION: RATE RISES


Author Marg Allan, Director Organisation Support Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

The purpose of the report is to respond to the petition presented to Council on 11 February 2015, from citizens regarding rate rises.

Policy Context



Theme: 1 Leadership and good governance

Strategic Objective: 1.1 Council demonstrates leadership in its decisions and uses good governance principles to guide decision making.


A petition has been received as outlined below:

“We the undersigned residents and ratepayers of Greater Bendigo City Council express our total dissatisfaction with the majority of councillors and certain senior staff who continue to fail to recognise that Council’s proposed on-going 6% rate rises for each of the next 3 years is unacceptable. The financial pressure of these continuous high rate rises is too much. Councillors need to listen to the perceptions and concerns of residents. Rate rises need to be more in line with the consumer price index which is the policy of the newly elected Victorian Government. We therefore formally request:

1. That rate increases for each of the next three years not exceed the consumer price index.

2. That the Mayor and Chief Executive Officer (CEO) organise meetings with the three petition organisers to:


PAGE 25

(a) Discuss matters raised in this petition so there is a clear understanding by Council of the issues that led to the petitioners’ views.

(b) Prepare a joint report for Council on the outcomes of the meetings and a media release.”

Signatures - 2,600+ Previous Council Decision(s) Date(s):

11 February 2015 - Council received the petition and determined that a report be prepared within two (2) meetings. This decision is in accordance with Council’s Meeting Local Law.

Report

On March 12, 2015 the Mayor and CEO met with the petition organisers, Jeff Chapman, Denita McClure and Viv Rouse, as requested. The petitioners presented a short paper outlining some of the reasons why they believe that the Council should limit future rate increases to Consumer Price Index (at 2.6% for the last 3 years). The paper claimed that:

25% of Greater Bendigo’s population is on some form of welfare benefit and cannot afford the ongoing 6% rate increases.

Rate rises over the past 10 years had added about $900 to each rate bill.

The rate increase from 2013/14 to 2014/15 had increased by 11%.

From 2005/06 to 2014/15 the rates went from $35.5M to $81.5M – an average increase of 13% pa.

Council does not give the ratepayers a true picture about where it spends the rates.

If the Council had not increased the rates by 6% in 2014/15, the Council would have an extra $3M in Supplementary Rates, New Houses and increased fees and charges.

User fees and charges should be targeting full cost recovery.

The public has not been informed about any savings from the Independent Review and how they are being used to limit future rate increases.

Ordinary Ratepayers are heavily subsidising the Arts, Tourism, Major Events and professional sports.

The Livestock Exchange, pool users and car parking are hit hard in fees.

Special interest groups dominate while ordinary ratepayers wait for basic works, like footpaths and gutters.

There needs to be more facilities in outer areas like Strathfieldsaye, Huntly, Maiden Gully, etc.

They presented some ideas on how Council might save money:

Cease publishing the GB Magazine

Reduce the amount of media staff


PAGE 26

The Art Gallery and Theatre need to ‘stand on their own feet’

Tighten up Bencon with more productivity and efficiency

Collect garbage over two shifts – reducing the number of trucks by half The Mayor and CEO provided information and responses to the matters raised. In particular the Mayor made the following points:

The Elected Representatives (Councillors) make the decisions about the level of rates each year and the adoption of the Council Budget.

The Council will consider the Annual Budget in mid-April, 2015. It will be available for public comment for 28 days, Council will receive and consider any submissions and then move to formally adopt the budget with any changes that it considers necessary.

Residents should be encouraged to use the Council Request system as it operates efficiently in having matters assessed and actions taken.

Council is delivering projects and services right across the municipality and the need to inform the community of what Council provides in their community is important and needs a number of different communication methods.

That it is important when making statements about Council funds that the reference point is the Council Budget or Annual Report and these documents are publicly available on the Council website or in hard copy.

User Fees and Charges are set to recognise levels of contribution from users of services, some at cost recovery, some at statutory levels and others at affordability levels.

The GB Magazine is an effective way of communicating important information to the community, particularly matters like the budget summary.

Staff in the Communications Team deliver much more than media releases.

Communicating information to the community is often challenging as people receive information in so many different ways. It is important to keep a number of communication options available.

There was a brief discussion about whether there would be benefit in Council hosting a forum on rates where people could come and present their views on rating levels. This wasn’t supported by the petitioners. Councillors are aware of the community feelings about rating level increases, that there was a strong response to the recent 6% rate increase for 2014/15. In addition, there are processes being developed by the State Government to introduce rate capping in 2016/17. In response to financial claims made by the petitioners, the following information is provided for clarification:

The rate increase from 2013/14 to 2014/15 had increased by 11%

Officer response: Rate Revenue has increased from $73.516M (2013/14 budget document, inclusive of Municipal Charge and exclusive of Supplementary Rate income) to $79.462M (2014/15 budget document, exclusive of Supplementary Rate income), an increase of 8.08%. The Municipal Charge was discontinued in 2014/15.


PAGE 27

This increase is made up of the 6% rate increase adopted by the Council, plus ‘natural growth’ in the rate base from new subdivisions and new buildings being constructed.

If the Council had not increased the rates by 6% in 2014/15, the Council would have an extra $3M in Supplementary Rates, New Houses and increased fees and charges

Officer response: Council has budgeted to receive $1.93M in Supplementary Rates in 2014/15 which includes new houses. The 2014/15 budget indicates an overall decrease in user fees and charges of $450,000 due to swimming pool fees of $300,000 now being collected by the contractor, and a decrease in the revenue to be collected by The Capital. This decrease in pool user fees is offset by a corresponding decrease in pool contract payments.

That from 2005/06 to 2014/15 the rates went from $35.5M to $81.5M – an average increase of 13% pa

Officer response: The method used to reach the % increase conclusion is not known. Rate Income was $39.629M (inclusive of Municipal Charge and exclusive of Supplementary Rate income) in the 2005/06 budget document. Rate Income is $79.462M (exclusive of Supplementary Rate income) in the 2014/15 budget document. The Municipal Charge was discontinued in 2014/15. During this period

o the number of rate assessments increased by 7,797 (16.76%),

o the capital improved value increased by $9.246B (103.41%), due to both biennial

property revaluations and supplementary valuations,

o the number of dwellings has increased by 8,671,

o the population of the municipality has increased by 16,510 to 111,110 (2014/15

budget document) from 94,600 (Council Plan 2005-2009 document).

Apart from the biennial revaluations, the other components contribute to natural growth in the rate base.

Rate rises over the past 10 years had added about $900 to each rate bill

Officer response: The method used to reach this conclusion is not known. A typical dwelling with the average Capital Improved Value of $319,000 in 2014/15 has seen a rate increase of approximately $300-$400 over the 10 year period referred to, dependant on valuation movement from biennial revaluation to biennial revaluation.

Priority/Importance:

The Council resolved to consider a response to the petition within two meetings in accordance with its Local Law.

Conclusion

Rate increases are considered by Council when setting the annual budget. This process will continue and will take into account the State Government’s commitment to rate capping from 2016/17.


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RECOMMENDATION

That the Greater Bendigo City Council, having considered the petition from citizens of Bendigo, consider their concerns in the context of setting the 2015/16 budget.

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

CARRIED


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1.6 ELECTRONIC PETITIONS RECEIVED


Report

The following two 'electronic' petitions were tabled at the last Council Meeting on 4 March 2015: 1. "We the undersigned residents, ratepayers and interested parties of Bendigo

formally support Elise Chapman's position as Councillor on the Bendigo City Council and insist that she does not resign or be removed from her position".

Names submitted electronically - approx. 4,020 (from Australia and overseas) 2. "This petition serves as notice of no confidence in the current Council and the

Executive committee of the City of Greater Bendigo by residents of Bendigo and the wider Australian community.

We demand a fully inquiry into the conduct and performance of the City of Greater

Bendigo executive committee, Councillors, the Media and their cohorts. We, the people, move to sack the council and the executive committee (with the

exception of Crs Helen Leach and Elise Chapman)". Names submitted electronically - 2,224 (526 from the Greater Bendigo area) No resolution was considered in relation to these petitions at that meeting, as the requests were beyond the powers of the Council. The two petitions have been forwarded to the Local Government Inspectorate.


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RECOMMENDATION

That Council endorse the forwarding of the two (2) electronic petitions to the Local Government Inspectorate. RESOLUTION Moved Cr Williams, Seconded Cr Ruffell. That the recommendation be adopted.

CARRIED


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1.7 PETITION: REQUEST SHARED PATH ALONG EDWARDS ROAD, MAIDEN GULLY (BETWEEN MONSANTS ROAD AND THE EXISTING ASPHALT PATH ON EDWARDS ROAD)


The following petition has been received from residents in the Maiden Gully area, as outlined below: "Greetings, We the undersigned residents and ratepayers of Greater Bendigo City Council

formally request Council to install a shared path along Edwards Rd Maiden Gully between Monsants Rd and the existing asphalt path on Edwards Rd.

Maiden Gully is a growing and active community. The City of Greater Bendigo have recognised this growth by budgeting for a

playspace in Janelle Drive. However there is no safe access to this playspace from the west of the playspace location. The City of Greater Bendigo Play Space Strategy 2009-2014 states:

According to best practice, well utilised play spaces and play spaces that offer a

high degree of play value are generally those that: Are well connected to homes via cycling / walking tracks, public transport and roads

(PLAY SPACE STRATEGY 2009 - 2014 PG 24) Pedestrian users from the western area of Maiden Gully wanting to access the play

space will be required to travel a worn and intermitant dirt path on Edwards Rd at time having to use the road. The speed limit on the stretch of road is 70kms. Pedestrians and cyclists are the most vulnerable road users, therefore it is logical to move the pedestrians and cyclists away from vehicles.

Not only with a share path benefit users of the playspace, it will provide greater

connectivity for runners, cyclists and pedestrians". Signatures - 274


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RECOMMENDATION

That the petition be received and a response be prepared within two (2) meetings. RESOLUTION Moved Cr Fyffe, Seconded Cr Chapman. That the recommendation be adopted.

CARRIED


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1.8 PETITION FOR INDEPENDENT REVIEW C.O.G.B.


A petition was received by Cr Leach at the meeting from concerned residents and ratepayers in the City of Greater Bendigo ('Rights for Bendigo Residents Inc'). Cr James Williams requested it be recorded in the Minutes of the Meeting how the petition came to Council, that is, Ms Hoskin approaching Cr Helen Leach during the conduct of the meeting.

MOTION

Moved Cr Leach, seconded Cr Chapman. That Council refer the matters raised in the petition to the Local Government Inspectorate and Minister for Local Government.

CARRIED

Planning for Growth - Reports Ordinary Meeting - 25 March 2015

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2. PLANNING FOR GROWTH

2.1 PLANNING SCHEME AMENDMENT C207 - FIXING THE PLANNING CONTROLS ALONG THE HIGH STREET ENTRANCE INTO BENDIGO


Author Philip DeAraugo, Activity Centres Place Manager Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

This report recommends that Council request the Minister for Planning authorise the preparation and exhibition of planning scheme amendment C207 to the Greater Bendigo Planning Scheme. The amendment intends to update the planning controls that apply to the High Street Boulevard entrance into central Bendigo. A previous request had been made to the Minister to expedite the amendment under section 20(4) of the Planning and Environment Act 1987, to which the Minister has recently refused. The amendment would apply to land that is currently zoned Commercial 2 flanking High Street between Shamrock Street and Short Street on the southern entrance into the Bendigo City Centre. In general it is proposed that the amendment rezone the land to the more flexible Commercial 1 Zone and apply a Design and Development Overlay to guide the built form of future development.

Policy Context

Council Plan 2013-17

The Council Plan has the following Strategic Objectives and Strategies that are relevant to this report: Theme 2: Planning for growth Strategic Objectives 1. Adaptability for change and population growth through good design and careful

planning of infrastructure and facilities. 4. Diverse, affordable and sustainable housing choices 2014-15 Strategies 2.1 Greater Bendigo delivers major projects while maintaining its unique character,

accommodating a growing population and diversifying the economy 2.3 Housing options meet current and future community expectations and needs


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Strategy Reference: At its broadest level this amendment seeks to implement elements of the Loddon Mallee South Regional Growth Plan and the strategic directions of Plan Melbourne. Both policy documents have identified the need for inner city areas of regional cities, such as the High Street Boulevard in Bendigo, to accommodate a growing proportion of residential and employment growth. The recently adopted Greater Bendigo Residential Strategy also identifies the potential for large scale urban renewal in areas such as High Street, that are ideally suited to accommodate medium density scale mixed-use development that is complementary to the adjacent Bendigo City Centre.


The need for the amendment has been raised ever since the new format planning scheme came into operation in 2000 when the zoning was translated to the Business 4 Zone (primarily used for bulky goods areas). However, with very little development pressure at the time and scarce planning resources, the amendment could not be prioritised over more important amendments that provided greater public benefit and supported the City’s ongoing population growth. In recent years this has changed and with the recent zone reform process the City has elevated the need to undertake this amendment. In fact, it was requested in Council’s submission to the zone reform process for the Minister’s Advisory Panel to consider this land for translation to the Commercial 1 Zone instead of the default Commercial 2 Zone. It was accepted that this couldn’t be done at the time, however, the City considered a streamlined process given the strong policy and landowner support for the change. Council considered this matter at its meeting of 30 July 2014, where it was resolved to apply to the Minister for Planning to approve the amendment in accordance with Section 20(4) of the Planning and Environment Act 1987. The Minister has recently informed the Mayor (letter dated 16 February 2015 and received 5 March 2015) that he has decided not to exercise his powers and has recommended that Council discuss the proposed amendment with the department and to seek authorisation to prepare an amendment to the planning scheme using the standard amendment process.


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The key steps in the amendment process are summarised below.

Previous Council Decisions

As mentioned above, the Council resolved on 30 July 2014 to request the Minister for Planning expedite Amendment C207 to the Greater Bendigo Planning Scheme in accordance with section 20(4) of the Planning and Environment Act 1987. That resolution was acted upon on 8 August 2014.

Planning Scheme Amendment to Minister for

Approval and Gazettal

Council decision in response to the Panel

Report - adopt, abandon or reject Panel

recommendations etc.

Council Report to appoint an Independent Panel or

abandon

Yes No

or resolved

Council Report to adopt or abandon the Amendment

Submissions Received

Exhibition of Proposed Amendment

Council decides whether to seek Ministerial Authorisation

Changes to planning controls identified in

partnership with landowners

We are at this point


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Report

Subject Site Land that is currently zoned Commercial 2 (within the yellow line) is part of this amendment.

The High Street Boulevard is a key entrance into Bendigo and it provides a memorable experience as you travel through the avenue of established street trees, witness heritage trams and take in views to two of Bendigo’s most significant landmark buildings, the Central Deborah Gold Mine poppet head and the Sacred Heart Cathedral. An analysis of the built form behind the trees has revealed that there is significant capacity to accommodate new inner city development along this corridor that would complement Bendigo’s existing building stock.


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There are very few sites of heritage significance along this corridor, and other than a small number of residential interfaces and low level flooding associated with the Bendigo Creek, the boulevard has the potential to play a major role in the provision of well-designed and thoughtfully considered contemporary mid-rise mixed-use buildings to increase the diversity of commercial floor space and dwelling stock in a very accessible location. Evidence of the attractiveness of this boulevard to investors can be seen in the amount of land that has changed ownership in recent years, and through the preparation of redevelopment concepts for major sites (that are based on being able to develop mixed-use buildings). A redevelopment scheme for an $8-10M project is currently being developed, and as a result of the zoning it is proposing the upper levels be developed for serviced accommodation rather than the preferred privately owned apartments. To facilitate the type of mixed use development that we need, the planning controls need to change. While the use of the Commercial 2 Zone is common along highway frontage land in Bendigo, the zone does not allow for residential uses and it is therefore impossible for Council to consider any mixed-use proposals in this area. It is therefore proposed to rezone this section of High Street to the Commercial 1 Zone, which is a more flexible planning control and will encourage the redevelopment of underutilised sites with a mix of complementary buildings and activities, including shop-top housing and apartments. Some simple design guidelines are also proposed that will guide the scale and type of future development that is encouraged for this precinct. The proposed planning controls would:

Rezone approximately 8.3ha of land from the Commercial 2 Zone to the more flexible Commercial 1 Zone.

Rezone four small parcels to better reflect their ownership and use (one to the General Residential Zone as it is part of a residential property, two to the Special Use Zone Schedule 10 as they are part of Girton Grammar’s campus, and one to the Public Park and Recreation Zone as it is part of Londonderry Reserve).

Introduce a Schedule to the Design and Development Overlay to inform building heights, setbacks and to protect the amenity of adjoining low scale residential properties.

Include the Bendigo Flood Study Interim Technical Report November 2013 as a Reference Document to be considered by landowners, applicants and decision makers.

The proposed amendment would have a negligible impact on current residents and businesses as it is even more flexible than the current zoning. Furthermore, zoning considerations are primarily used when redeveloping land or setting up a new business. However, the amendment is important as it will identify the type and scale of development that the City would like to see up-front, rather than landowners having to guess what is likely to be approved. It is important to note that the proposed schedule to the Design and Development Overlay includes 6m height controls on land between Lily and Violet Streets to protect views to the Central Deborah poppet head. Some may consider this to be overly limiting, however the analysis that informed the proposed height control considered the existing and potential development on these sites (which are predominantly new car showrooms) and the need to provide ‘glimpses’ through to the top half of the iconic poppet head through breaks in the street trees.


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In summary, the height on these two blocks encourages development of a similar scale to that which already exists or is currently under construction. Also included in the schedule is information and requirements around possible waterway flooding and mitigation measures from the adjacent Bendigo Creek. This extent of the flooding issue has only just been identified, through the North Central Catchment Management Authority’s ‘Bendigo Flood Study Interim Technical Report’. It is expected that once the study is finalised, a planning scheme amendment will be initiated to apply updated flood controls across the urban environment. However in the meantime it has been requested by the Catchment Management Authority that the Design and Development Overlay be used as an interim measure to alert landowners and designers to the flood study. This approach has been reviewed by planning legal experts and is considered appropriate in this instance. The likely built form outcome of the flooding information is that basements levels will be unlikely in affected areas. In summary, it is believed that the proposed zone and overlay changes would result in the use of the most appropriate planning tools to facilitate investment and to inform the design and built form of new development along this important entrance corridor to Bendigo.

Consultation/Communication

Discussions with various stakeholders have been taking place for several years on the need for the revised planning controls. This has included meetings and conversations with some of the larger landowners, many of whom would like to develop mixed-use buildings but are unable to so under the current zoning. As mentioned earlier a potential $8-10M proposal is already in the planning phase. Furthermore, engagement has taken place through Council’s submission to the State Government’s zones reform process and subsequent discussion with the Advisory Committee; and through a meeting with the Metropolitan Planning Authority, whom provided assistance in reviewing the draft controls. Engagement with all landowners has included a letter and background information being either hand delivered or mailed (to those with a different mailing address to the street address) on 2 April 2014. This letter requested comments on the proposed changes and several have taken the opportunity to discuss the proposed changes in greater detail. As a result of the letters and conversations, the City has received confirmation of support for the proposed changes from around 30% of the landowners (26 of the 87 properties affected). No landowners have objected to the proposed changes during previous consultation. Comments from landowners have included: “Very positive progress for Bendigo CBD”, “Thank-you for the opportunity to have input, I am supportive of the progressive proposal”, and “Sooner the better!” This is considered to be a very high level of endorsement of the proposed changes, which could be expected given the greater flexibility that the changes would allow. This was one of the primary reasons why officers pursued a request to the Minister for Planning to expedite the amendment under section 20(4) of the Planning and Environment Act 1987. However, as has been mentioned the Minister does not agree and has now requested that the Council follow the standard amendment process which includes a further formal round of consultation.


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Priority/Importance: High - The proposed planning scheme amendment is a critical action to achieve the vision and objectives that landowners, the City, State Government and broader community have for the High Street corridor. Options: The following options are available to Council:

To support the amendment proposal and make a request to the Minister for Planning to authorise preparation and exhibition of the amendment.

To resolving not to prepare an amendment. Risk Analysis:

Risk Mitigation

The changes proposed to the Greater Bendigo Planning Scheme could result in landowner objections.

One-on-one meetings with potentially affected landowners and the opportunity to lodge submissions during the planning scheme amendment exhibition process. If objections are received, the amendment will be presented at an independent panel hearing prior to a final decision being recommended to Council.

Failure to implement the proposed Planning Scheme changes in a timely way, or at all, could deter or prevent investment in the precinct.

Progress the amendment as a priority action by allocating necessary staff resources. Conduct a transparent and informative process to mitigate concerns and limit objections.

Resource Implications

The Amendment will have resource implications. Officer time will be required to prepare the amendment documentation for authorisation, manage and administrate the exhibition process, review submissions, and liaise with the Minister for Planning. A panel process, if required, will require further officer time for preparation and attendance at the hearing, and may also attract additional costs if legal representation is considered necessary. The City is responsible for payment of statutory fees and costs incurred in the processing of the amendment. This may include a panel hearing process if the amendment has unresolved submissions following exhibition.


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Conclusion

Rezoning this land is consistent with current and proposed strategies. It will enable residential uses (which are currently prohibited) as well as commercial, along the High Street Boulevard entrance to the Bendigo CBD. The proposed new zoning will facilitate integrated developments that achieve the shared vision that landowners’, the City and State Government have for this inner city precinct, now and into the future. It is recommended that Council request that the Minister for Planning to authorise the preparation and exhibition of the amendment.

Attachments

C207 Explanatory Report

RECOMMENDATION

That the Greater Bendigo City Council resolves to: 1. Request the Minister for Planning to authorise Council to prepare and exhibit

planning scheme amendment C207 to the Greater Bendigo Planning Scheme. 2. When Authorised by the Minister, exhibit amendment C207 to the Greater Bendigo

Planning Scheme giving notification as required. RESOLUTION Moved Cr Campbell, Seconded Cr Williams. That the recommendation be adopted.

CARRIED


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2.2 ADOPT PLANNING SCHEME AMENDMENT C193 AND SUBDIVISION PLANNING PERMIT - 428 CALDER HIGHWAY, MAIDEN GULLY


Author Frank Casimir – Statutory Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Amendment details: This is a combined planning scheme amendment and planning permit application. The amendment proposes to:

Rezone the land at 428 Calder Highway, Maiden Gully from Farming Zone to General Residential Zone and;

Apply the Bushfire Management Overlay to the land. The planning permit application allows for the:

Staged subdivision of land into 131 lots;

Removal of 8.017 hectares of native vegetation, including 25 scattered trees and;

Alteration of access to a main road.

Proponent: Maiden Gully Developments Pty Ltd

No. of submissions: 7 including 2 late submissions (5 supporting and 2 opposing both now resolved).

Key issues: Accommodating growth within the Urban Growth Boundary.

Traffic and road safety.

Bushfire risks and native vegetation removal.

Impacts on the amenity of neighbouring residents.

Recommendation: The rezoning of this land to residential is consistent with the current and proposed residential strategies. The site specific technical issues can be addressed through the proposed planning controls and planning permit conditions. It is recommended Council Amendment C193 and combined permit, with minor changes to the permit only, and request the Minister for Planning to approve the amendment.

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2014)


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Planning for Growth

Adaptability for change and population growth through good design and careful planning of infrastructure and facilities.

Diverse, affordable and sustainable, housing choices.


The key steps in the Amendment process are summarised below:

Before the proposal was publicly exhibited, City planning officers consulted with the relevant internal departments and external authorities including statutory referral authorities for the proposed subdivision. As a result of this consultation, the permit application was amended to include alteration of access to a Road Zone Category 1. This consultation process also caused a slight change in the subdivision layout plan resulting in an increase of proposed lots from 128 to 131.

Previous Council Decisions On 18 December 2013 – Council resolved to:

Send to Minister for Approval and Gazettal


Council decides to Adopt or Abandon the Amendment

Council requests an Independent Panel to consider submissions

Submissions received

Public Exhibition of Amendment


Amendment prepared


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Request the Minister for Planning to authorise Council to prepare Amendment C193 to the Greater Bendigo Planning Scheme.

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

When authorised by the Minister, exhibit Amendment C193 to the Greater Bendigo Planning Scheme and the planning permit application giving notification as required for the minimum statutory exhibition period of one month.

Report

An Explanatory Report is attached and details the purpose, effect of the Amendment and provides the strategic justification for the Amendment as required. Key issues identified in the Explanatory Report are summarised below. Land affected by the Amendment and by the planning permit The land affected by the Amendment is also the land affected by the planning permit. The land is known as 428 Calder Highway, Maiden Gully or CA51, CA51A and CA52, Section L, Parish of Sandhurst. It has a total area of approximately 14.4 hectares. It is bounded to the south by the Calder Highway, to the north-west by Sparrowhawk Road and to the east by Doles Road. The land is within the Urban Growth Boundary. It is zoned Farming Zone and contains a single dwelling and associated sheds, stockyards and fencing. It contains some native vegetation of low to medium conservation significance. A small part of it in the north is covered by the Environmental Significance Overlay Schedule 2 and the Vegetation Protection Overlay Schedule 2. The land across Doles Road to the east and the Calder Highway to the south is zoned Farming Zone. The land across Sparrowhawk Road to the west is zoned General Residential Zone and already developed with dwellings. Across Sparrowhawk Road to the north, the land is zoned Public Conservation and Resource Zone and is very heavily vegetated and affected by the Bushfire Management Overlay, the Environmental Significance Overlay Schedule 2 and the Vegetation Protection Overlay Schedule 2.


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Figure 1: An aerial view of the subject site and of its surrounds.

Figure 2: The zoning of the subject land and of its surrounds. The objector’s property is shown with a star.


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

Rezone the land at 428 Calder Highway, Maiden Gully from Farming Zone to General Residential Zone and;

Apply the Bushfire Management Overlay to the whole of the land.

The planning permit application allows for the:

Staged subdivision of the land into 131 lots;

Removal of 8.017 hectares of native vegetation, including 25 scattered trees and;

Alteration of access to a Road Zone Category 1.

Figure 3: The proposed subdivision layout plan. The objector’s property is shown with a star.


Exhibition Procedures The amendment and planning permit application were exhibited for one month from 13 November 2014 to 15 December 2014. Notice was provided in the following manner: Individual notices to owners and occupiers of land affected by the Amendment and

planning permit application. Two signs were also displayed on the site. The first one facing the Calder Highway

and the second facing Sparrowhawk Road.


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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 12 November 2014 and

15 November 2014. Publication of the notice of the Amendment in the Government Gazette on 13

November 2014. Access on-line at the City’s and former DTPLI websites. Submissions Seven submissions were received in total with two late submissions. Five were supporting submissions from referral authorities. Of the two objecting submissions, one has now been withdrawn, and following consultation, the second objection has been addressed.

Submissions received during public exhibition: 13 November 2014 to 15 December 2014

Supports/Objects Officer Response and Recommendation

Submission No. 1 Country Fire Authority

Supports

Supports the proposed amendment and permit application subject to conditions to be put on the planning permit.

All submitted conditions form part of the draft planning permit (conditions 13(1) - 13(iii)).

Recommendation: - Note the submission

Submission No. 2 VicRoads

Supports

Supports the proposed amendment and permit application subject to conditions to be put on the planning permit.

All submitted conditions form part of the draft planning permit (conditions 20(i) - 20(iv)).

Recommendation: - Note the submission.

Submission No.3 Environment Protection Authority

Supports

Supports the proposed amendment and permit application subject to one condition to put on the planning permit.

The submitted condition forms part of the draft planning permit (condition 21).



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Submission No.4 North Central Catchment Management Authority

Supports

Supports the proposed amendment and permit application subject to one condition to be put on the planning permit.

The submitted condition forms part of the draft planning permit (condition 19).

Recommendation: - Note the submission

Submission No. 5 (A local resident)

Objects

Reduce speed limits along Sparrowhawk Road to 60 km/h and the Calder Highway to 80km/h.

The speed limit along Sparrowhawk Road will be reviewed by VicRoads at the request of the City as per the usual process. A permit condition requires the developer to request a review of the existing speed limits on Sparrowhawk Road before the release of the first stage of the subdivision and prior to the release of the 60th lot in the development (condition 31).

VicRoads has advised that the speed limit along this section of the Calder Highway will reduce from 90km/h to 80km/h when the planned future traffic signal works at the Calder Highway / Edwards Road intersection are completed.

Stop B-doubles and other similar vehicles from using Sparrowhawk Road.

B-double trucks are currently not allowed to use Sparrowhawk Road because it is not a designated truck route. So should any B-double trucks be using it, this is being done illegally.

The proposed access facing the objector’s property (236 Sparowhawk Road) onto Sparrowhawk Road from the site must be left-in only and left-out only.

The proposed access will be a left turn only in and out of the development. A permit condition has been included to require this and the subdivision plan amended accordingly (condition 1(v)).

There are risks that my property will be flooded during heavy rains because of the proposed development.

Run-off from the site will be collected by using underground storm-water pipes and discharged in the proposed retardation basin in the south-west corner of the site.


PAGE 49



Stormwater quality management.

Stormwater collected from the site will be treated before being released into the nearby water courses. The details about stormwater treatment are in the Drainage Strategy Report which will be approved as part of the planning permit conditions (condition 23).

The impact of the proposed development on the existing vegetation including the Sparrowhawk Road road reserves.

The development has been designed to minimise the removal of vegetation by doing the following: - Proposing only two entrances/exits from

and onto Sparrowhawk Road. - Retaining some mature trees on site as

part of the landscaping plan. - Locating the proposed public open space

in the north-east of the site to facilitate the retention of better quality vegetation.

A permit condition has also been included requiring the provision of a tree protection zone during construction for trees on Sparrowhawk Road (condition 30).

Impacts of traffic noise and headlights on my property.

To minimise these impacts, the proponent has offered to do some screen plantings on the submitter’s property. This will be at the proponent’s cost and dealt with as a private matter between the proponent and the submitter.

Recommendation: - Note the submission. - The submitter was satisfied with all matters

except the speed limits along Sparrowhawk Road.

- Include three new conditions on draft planning permit.

- No change to the Amendment.


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Submissions received post-exhibition period (Late submissions)

Supports/Objects Officer response and recommendation

Late submission No.1 (A second local resident)

Originally objects but now withdrawn

The need to retain more vegetation on the site.

The design of the subdivision does not allow for more lot diversity in terms of sizes.

The design of the subdivision does not address the frontage with the Calder Highway appropriately.

The location of the proposed public open space is not appropriate.

Planning officers offered to meet with this submitter to discuss his concerns but the submission was withdrawn in writing prior to the meeting.


Late submission No. 2 Department of Environment, Land, Water and Planning (Formerly Department of Environment of Primary Industries)

Supports

Supports the proposed amendment and permit application subject to conditions to be put on the draft planning permit.

All submitted conditions form part of the draft planning permit (conditions 15(i) - 15(iii)).


Key Issues Despite its location within the Urban Growth Boundary, the land is zoned Farming. However, the Site Assessment Report (November 2013), which is a supporting background document for the recently adopted Residential Strategy (October 2014), identified this site as having potential to be rezoned for residential development provided a number of issues were resolved. These issues include native vegetation, bushfire management and access. These issues were been satisfactorily resolved, in consultation with the relevant internal departments and external referral authorities, before the public exhibition of the amendment. The key issues of this amendment and planning permit application following public exhibition are summarised below.


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Traffic and road safety City Planning officers met with submitter (No. 5) twice to discuss his concerns and to clarify our written responses. Whilst most of his concerns were resolved, which he has acknowledged in writing, his remaining concern was that the speed limit along the section of Sparrowhawk Road abutting the subject land should be reduced from 80km/h to 60km/h prior to the development commencing. This issue was further discussed with VicRoads and the City's Transportation Engineer to see if a compromise could be reached. Their advice was that the speed limit along this section of Sparrowhawk Road can only be reviewed at the completion of the development of the land or at a minimum during development, although there is no guarantee that even then, the speed limit will be reduced. A condition has been placed on the draft permit requiring the developer to request the City to review the existing speed limits on Sparrowhawk Road between the Calder Highway and the Doles Road reserve. The design of the subdivision plan has considered road safety by not providing for any of the lots to directly access Sparrowhawk Road and by allowing for left-in left-out only for one of the two proposed access roads onto Sparrowhawk Road. VicRoads has submitted that the future use of the land for residential purposes will not impact on the safe operation of the Calder Highway subject to a number of conditions. These conditions include no direct access from the land onto the Calder Highway and changes to the existing traffic movements along Doles Road and Sparrowhawk Road onto and from the Calder Highway. Impacts on the amenity of nearby residents Stormwater and traffic noise/headlights can potentially cause adverse impacts on the amenity of adjoining residents. The Drainage Strategy Report submitted with the proposal satisfactorily demonstrates that stormwater will be collected and discharged with minimal adverse impacts on nearby properties. Also planning permit conditions require detailed drainage plans to be approved by the City. With regards to the resulting traffic noise and headlights from the development, it is considered that this will be as normal for a residential neighbourhood. However, to reassure the nearby resident who is concerned about these impacts on their property, the proponent has offered to carry out some screen plantings on their property. The planning permit application The planning permit application has been assessed against the relevant clauses of the Planning Scheme, including the General Residential Zone and the Bushfire Management Overlay which will apply upon approval of the amendment.


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The application has been assessed against the relevant objectives and standards of Clause 56 (Residential Subdivision) of the Planning Scheme. The design of the subdivision generally meets all the objectives set by this clause except for the lot size diversity and distribution objective. The size of most of the proposed lots is between 600 and 750 square metres, mainly because the site is on relatively steep slopes where smaller lots are not viable for development. Added to this, the site is prone to bushfire risks where as a precautionary measure, it is preferable to have fewer residential lots. However, smaller lots measuring between 300 and 400 squares have been provided around the proposed public open space and a larger lot measuring 4,255 square metres has been set aside for future medium density development. The application has also been assessed against the provisions of Clause 44.06 (Bushfire Management Overlay) and of Clause 52.47 (Planning for Bushfire). The Bushfire Management Statement required under Clause 44.06, has addressed the risks to the satisfaction of the Country Fire Authority, with conditions to form part of the planning permit. The removal of native vegetation on the land requires a planning permit under Clause 52.17 of the Planning Scheme. After consultation with the Department of Environment, Land, Water and Planning (formerly DEPI), it was agreed that all the vegetation should be considered as lost and offset offsite. Despite this, the proponent has agreed to retain some vegetation on the site for the amenity of the future residents, which will form part of the landscaping plan to be endorsed under the permit. For road safety purposes, the existing traffic movements from Doles Road and Sparrowhawk Road onto and from the Calder Highway have been assessed in consultation with VicRoads. VicRoads is satisfied that the safe operation of the Calder Highway will be maintained subject to conditions which form part of the planning permit.

Conclusion

The rezoning of this land to residential is consistent with the current and proposed residential strategies. The site specific technical issues can be addressed through the proposed planning controls and planning permit conditions. It should therefore proceed to the next step.

Options

Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of submissions received in relation to an Amendment, the Council must either:

Change the Amendment in the manner requested by the submitters and adopt the Amendment with changes; or

Refer the submissions to an Independent Panel appointed by the Minister; or

Abandon the Amendment, or part of the Amendment.

Section 22(2) of the Planning and Environment Act 1987 advises that Council has the option of accepting late submissions, but must do so if requested by the Minister for Planning.


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Officer time will be required to prepare the necessary Amendment documentation for approval and to liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees and extra costs incurred by the City for adopting and approving the amendment.

Attachments

Copy of submissions (7)

Explanatory report

Subdivision plan

Draft planning permit conditions

Maps

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Accept all late submissions. 2. Adopt the recommendations detailed for each of the submissions in this report, 3. Adopt Greater Bendigo Planning Scheme Amendment C193, and the draft planning

permit with minor changes and; 4. Forward the adopted Amendment and draft planning permit to the Minister for

Planning for approval. RESOLUTION Moved Cr Campbell, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED


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2.3 2 OLD HIGH STREET, 14 OLD HIGH STREET, 10 ROSE STREET, 33 - 35 SHAMROCK STREET, GOLDEN SQUARE 3555 - ADDITIONAL GAMING MACHINES; EXTENSION TO HOTEL AND USE AND DEVELOPMENT OF ACCOMODATION


Author Peter O'Brien, Senior Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: Use of land for accommodation (serviced apartments), buildings and works, partial demolition, reduction in car parking associated with the hotel, waiver of loading and bicycle facility requirements with the hotel, extension of licensed area for the existing hotel, use and installation of 20 additional electronic gaming machines and variation to existing hours of operation for the gaming room

Application No: DC/416/2014

Applicant: Drayton Manor Pty Ltd

Land: 2 Old High Street; 14 Old High Street; 10 Rose Street; and 33 - 35 Shamrock Street, GOLDEN SQUARE 3555

Zoning: General Residential Zone and adjoins a Road Zone 1

Overlays: Heritage Overlay Schedules 11 (Rowan Street Precinct) and 451 (Foundry Arms Hotel) and Neighbourhood Character Overlay Schedule 11

No. of objections: 4 (1 objection was withdrawn)

Consultation meeting:

2 February 2015. The meeting was attended by Crs Fyffe, Lyons, Weragoda and Williams. Cr. Chapman was an apology. The meeting was attended by 4 of the 5 objectors. No issues were resolved.

Key considerations: Are the 20 additional Electronic Gaming Machines (EGMs), and increase in operating hours acceptable with regard to the City’s gaming policy?

Is there policy support for the proposed accommodation use and is the built form acceptable with regard to Character and Heritage considerations?

Is the reduction of parking associated with the hotel and proposed number of car spaces and traffic associated with


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the accommodation acceptable?

Will the overall proposal produce an acceptable outcome in terms of residential amenity?

Conclusion: The grant of a permit will potentially cause some detriment in terms of traffic, parking and amenity impacts of the serviced apartments on existing residents. Gaming is also a problem for some people in the community and an increase in the number of EGMs does have negative aspects. Positive aspects of the application include the accommodation which will be a generator of employment during construction and provision of the accommodation itself. The cessation of the operation of the large function space (Platinum Room) should have assist in reducing offsite amenity impacts compared to when that space has been in use. A planning application does not have to ‘tick every box’ in order to be considered acceptable. In this application the benefits outweigh the potential disadvantages and it is recommended that a Notice of Decision to Grant a permit be issued.

Policy Context


Planning for Growth


Diverse, affordable and sustainable, housing choices.

Productivity

Fostering business and industry growth.

Sustainability

Distinctive natural setting and buildings are celebrated and conserved.


Victorian Civil and Administrative Tribunal (VCAT) Decision 2011.

In 2009 the Foundry first applied to both the Victorian Commission for Gambling and Liquor Regulation (VCGLR) for an operator licence for 30 Electronic Gaming Machines (EGMs) and Council for planning permission for the EGMs and a redevelopment of the hotel. The VCGLR determined to grant a licence for the EGMs and Council appealed the VCGLR approval and refused to grant the planning permit for the establishment of the new gaming premise.

VCAT set aside Council’s refusal to grant a permit and varied the VCGLR approval of a licence in April 2011. Note: that by the time the application was heard by VCAT, the number of proposed machines reduced from 30 to 25. The dual approvals have been acted upon and the venue operates the approved number of EGMs.


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Victorian Commission for Gambling and Liquor Regulation (VCGLR) Decision 2014

Drayton Manor made an application to the VCGLR seeking to vary their existing licence to increase the number of EGMs from 25 to 45. Council was invited to make a submission to the VCGLR on this application but did not make one. The VCGLR handed down its decision to approve the ECMs in July 2014.

Key conclusions from the decision to approve the licence related to expert social and economic evidence commissioned by the Foundry which concluded the impacts were ‘neutral’. The Commission concluded that the ‘no net detriment test’ was satisfied.

Conditions of the approval of the Commission included acting on the stages of development as proposed by this permit application and further allocation of funds to the Foundry’s Community Contribution Fund (taking annual contributions to $60,000).

Report

Subject Site and Surrounds

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

The subject site takes in the Foundry Hotel Complex which is located on the corner of Old High and Shamrock Streets. The original hotel was constructed in 1872 and is described by the City’s Heritage Advisor as being a ‘landmark building’, being an intact example of a modest city fringe hotel from the early period of Bendigo’s development.


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The current facility consists of a bar, bistro, function spaces and the larger ‘Platinum Room’ function centre. Following the VCAT Order in April 2011, two smaller function spaces and the gaming room were constructed to the north of the existing hotel towards the Shamrock Street boundary of the site. The complex is wholly located on the allotment known as 2 Old High Street, however, associated parking is located on adjoining allotments that contain dwellings (namely 14 Old High and 33 Shamrock Street) that are owned by Drayton Manor. The application site includes the balance of 33 and 35 Shamrock Street and 10A Rose Street which are all dwellings also owned by Drayton Manor. The total area of the application site is approximately 5,600 square metres. A notable characteristic the site is the rise from the rear of the Foundry (parking areas) to the south west which includes the Rose Street address and a dwelling owned by an objector (who has since withdrawn their objection). Overviews of the hotel complex are possible from several adjoining properties in Rose and Shamrock Streets. All immediately adjoining land to the application site is within the General Residential Zone and these properties contain dwellings. Adjacent to the site on the eastern side of Shamrock Street is the commercially zoned Woolworths Supermarket and further north east is Hungry Jacks. Other nearby commercial uses on commercial zoned land include motor vehicles sales, petrol sales outlets and other commercial uses. Proposal

The application proposes to increase the number of EGMs in the premise from 25 to 45, redevelop the hotel including a 100 square metre extension and introduce an accommodation component in three separate stages over a period of six years.


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Figure 2: Staging plan: Stage1 - Blue; Stage 2 - Green; Stage 3 – Red

Stage 1:

Conversion of the existing Platinum Room and open courtyard into a new gaming room, lounge area and function room with amenities;

Reconfiguration of car park which includes providing car parking (6 spaces) at the rear of 14 Old High Street, linked to the existing car park which is accessed from Old High Street;

Creation of a new entrance into the lounge area from the reconfigured car park;

Conversion of the existing gaming room into an additional function area;

Construction of a new external courtyard adjoining the Stirling Room and the new function room; and

Construction of a children’s play area adjacent to the bistro.


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Figure 3: Existing layout of complex.

Figure 4: Proposed layout of complex.


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Stage 2:

Construction of the extensions to and conversion of the dwellings at 33 and 35 Shamrock Street to serviced apartments to create 9 apartments.

The existing buildings are detached dwellings, however the extension will join the buildings at the rear, and be two storeys with a flat, parapet roof. A driveway to parking at the rear of the apartments will pass between the two existing dwellings and underneath the two storey extension.

An in-ground swimming pool and barbeque area is to be constructed.

The existing dwelling at 14 Old High Street will be converted to be a serviced apartment with an attached carport and outdoor area also proposed.

Figure 5: 33 and 35 Shamrock Street Elevations.


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Figure 6: 33 and 35 Shamrock Street Elevations.

Figure 7: 33 and 35 Shamrock Street ground floor plans.


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Figure 8: 33 and 35 Shamrock Street first floor plans.

Figure 9: 14 Old High Street elevation plans.


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Figure 10: 14 Old High Street floor plan. Stage 3:

Construction of the extensions to and conversion of the dwelling at 10 Rose Street to serviced apartments to create apartments 10-14 (inclusive). This includes demolition to the rear of the building and construction of two storeys, as an undercroft beneath the extension will provide space for vehicle parking before the extension steps down to be single storey at the rear. Access to the car parking will be via a driveway on the northern side of that dwelling.


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Figure 11: 10 Rose Street elevation plan.

Figure 12: 10 Rose Street floor plans.


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Planning Controls - Greater Bendigo Planning Scheme

Why is a planning permit required?

Permission to install 20 electronic gaming machines under Clause 52.28 (Gaming);

Demolition, buildings and works under Clauses 43.01 (Heritage) and 43.05 (Neighbourhood Character);

Use of land and buildings and works under Clause 32.08 (General Residential Zone);

Waiver of parking under Clause 52.06 (Car parking);

Dispensation from loading facilities under Clause 52.07 (Loading and unloading of vehicles);

Permission to supply and consume liquor under Clause 52.27 (Licenced premises);

Waiver of bicycle parking facilities under clause 52.34 (Bicycle Facilities); and

An alteration of the operating hours in the gaming room to allow it to open at 9:00am. Currently the gaming room is permitted to open at 11:00am

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

Clause 10.04 Integrated decision making

Clause 11.12 Loddon Mallee South regional growth

Clause 15 Built environment and heritage

Clause 17 Economic development Municipal Strategic Statement

Clause 21.02-1 Settlement

Clause 21.02-4 and 21.07 Economic development

Clause 21.06 Housing Local Planning Policies

Clause 22.06 Heritage policy

Clause 22.08 Highway entrances and boulevards policy

Clause 22.15 Golden Square Residential Character Policy (Precinct 1)

Clause 22.27 Licenced premises policy

Clause 22.28 Gaming Other Provisions

Clause 52.06 Car parking

Clause 52.07 Loading and unloading

Clause 52.27 Licenced premises

Clause 52.28 Gaming

Clause 52.34 Bicycle parking

Clause 55 ResCode (Residential Buildings)

Clause 65 Decision Guidelines


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


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Referral Comment

Environmental Health and Local Laws (Public Health and Environment/Food and Tobacco)

Requested notes are included in the permit regarding applicant obligation under other legislation related to food, tobacco and prescribed accommodation.

Engineering and Public Space – Transport Engineer

No objection subject to conditions requiring some modification to the internal parking layout.

Engineering and Public Space – Drainage Engineer

No objection subject to conditions.

Heritage Advisor Had initial concerns regarding 10 Rose, 14 Old High and 33-35 Shamrock Streets, which led to revision of the plans prior to advertising of the application. The plans are considered to be appropriate now.

Public Notification The application was advertised by way of notices on all the addresses that comprise the application land and letters to adjoining and nearby owners and occupiers were also sent. Advertising resulted in 5 objections being received (1 has since been withdrawn; subject to the inclusion of permit conditions to protect amenity), with the grounds being:

The level of parking being lost on the application site;

Parking congestion and traffic impacts on nearby streets during large events;

Amenity impacts associated with ‘serviced apartment’ use;

Harm caused to persons with gambling problems;

Increased opening hours for the gaming room making gambling more convenient;

Issues in particular raised by the owners of 18 Rose Street (who have since withdrawn their objection subject to the inclusion of permit conditions discussed later in the report): Abuttal of the driveway for the serviced apartments causing an amenity impact; Potential for overlooking from the accessway / balcony associated with

apartments 13 and 14. Loss of vegetation in the Foundry complex compounding amenity impacts

currently experience in regarding car park lighting and noise from the courtyard; and

Amenity impacts from the proposed pool.

The planning merit of the application and objections are discussed below.

Planning Assessment

Are the 20 additional gaming machines, relocation and increase in operating hours acceptable with regard to the City’s gaming policy?

The City has a gaming policy titled City of Greater Bendigo Gaming Policy Framework 'Accessible but not Convenient' 2007.


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This policy is based on an understanding that problem gambling affects a small proportion of gamblers and that by having gaming venues in locations that are convenient, but not highly accessible will decrease the incidence of "convenience gaming". The objective and policy statements from the Planning Scheme are listed and assessed in the table below.

Objectives of Clause 22.28-2 Assessment

To discourage new gaming machines in disadvantaged areas.

In relation to the initial Foundry VCAT decision in 2011 the Tribunal concluded ‘The site is in a locality and area experiencing some social disadvantage. The level equates to other parts of the municipality. The impact of additional EGMs is mitigated by the existing level of access and exposure to EGMs within 2.5 – 5 km and the patronage that includes a sizeable proportion of custom would be drawn from beyond 5 km.' Additional machines in the now established venue do not alter this conclusion.

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.

The location of the current gaming room was subject to some modifications to the internal layout and limits on courtyard access (at the direction of the Tribunal). The gaming room is proposed to be altered in terms of relocation from the most recently constructed part of the complex in Shamrock Street to the Old High Street frontage (where the Platinum Room is located). Access to the gaming room will be from the car park (as is currently the case, albeit in an altered location under this proposal) as well as directly from Old High Street (at the current Platinum Room entrance) and internally from within the venue itself. The location of the gaming room within the venue has been assessed as complying.

To ensure that gaming machines are located where the community has a choice of non-gaming entertainment and recreation activities within the venue or in the local area.

Complies. The venue is a multipurpose destination venue in a locality where ample opportunity for non-gaming activity exists.


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Objectives of Clause 22.28-2 Assessment

To protect the amenity of existing uses surrounding gaming venues.

In relation to the initial Foundry VCAT decision allowing the establishment of the gaming use the Tribunal concluded the proposal met the criteria. Regarding broader amenity impacts, the reduced parking on site and proposed serviced apartment use and development give rise to greater potential for amenity issues. The amenity impacts and conditions to deal with these impacts are assessed later in this report, though the additional EGMs themselves will not impact amenity.

Policy of Clause 22.28-3 ‘Appropriate areas’

Assessment

Gaming machines should not be located in areas identified in Greater Bendigo Discouraged Gaming Areas Incorporated Document.

Complies. The venue is not located within either a prohibited or discouraged area in terms of the incorporated document in the Planning Scheme.

Gaming machines should be located in areas that meet at least one of the following criteria: The total density of gaming machines in the suburb and its adjoining suburbs is less than the regional Victorian average. The area is identified as a future residential growth area in the Municipal Strategic Statement.

Complies with respect to the suburb of Golden Square but does not comply with respect to adjoining suburbs. There will be an increase in density. Failure to meet the criteria is not fatal as no existing venue in Greater Bendigo would meet the criteria. Had this criterion been a determining factor, VCAT would not have been able to approve the establishment of the venue. The area is not a designated future residential growth area in the MSS at Clause 21 but a level of ‘infill’ growth can reasonably be expected based on the development policies within the Scheme.

Gaming machines should be located proximate to higher order activity centres shown on the map attached to the schedule to clause 52.28-4.

Complies with respect to Golden Square activity centre shown in maps forming Clause 52.28-4.

Gaming machines should be located where there is a reasonable choice of alternative non-gaming entertainment and recreation facilities, including facilities proposed within 12 months. Alternative non-gaming entertainment and recreation

Complies – given the location of the premises a wide range of non-gaming activities exist nearby.


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Policy of Clause 22.28-3 ‘Appropriate areas’

Assessment

facilities include hotels, clubs, cinemas, restaurants, bars and indoor recreation facilities operating at the same times as the proposed gaming venue will operate.

Policy of Clause 22.28-3 ‘Appropriate sites’

Assessment

Gaming machines should not be located on sites where large numbers of pedestrians are likely to pass in the course of their daily activities, increasing the likelihood of spontaneous decisions to play gaming machines.

Complies. This issue was tested with expert evidence before the Tribunal in the initial application. Pedestrian counts conducted revealed there was little pedestrian movement between the Woolworth Supermarket and Foundry.

Gaming machines should be located on sites that meet at least one of the following criteria:

The site is towards the periphery of an activity centre, outside of the main shopping, transport, community and civic functions of the centre, or within walking distance of the edge of an activity centre,

The location could reasonably be perceived as a destination in its own right separate from high concentrations of people undertaking daily activities, or

At a sports or recreation club with a land holding of more than 2 hectares.

This criterion is more relevant to the establishment of a new venue. As was the case when the venue was first proposed the site does not comply with the third criteria but the first and second criteria are met which is consistent with the policy.


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Policy of Clause 22.28-3 ‘Appropriate venues’

Assessment

Gaming machines should not be located in venues that have 24 hour a day operation or have a gaming floor area of more than 25 per cent of the total floor area of the venue.

The gaming floor area will not exceed 25% of the site, nor is the venue permitted (nor seeking approval) to operate 24 hours a day. The issue of proposed operating hours was not the subject of any discussion by VCAT in approving the EGMs. The increased operating hours are within the range of hours the venue can operate (i.e. within the hours in their liquor licence) and no increase in operating hours for the venue as a whole is proposed; only the gaming room.

Gaming machines should not be located where the gaming or any associated use will detrimentally affect the amenity of the surrounding area by way of design location or operating hours.

The main issue with increased operating hours according to research is that in cases where there is a minimal (or no) break in trade that may encourage problem gamblers to gamble for longer, particularly into the early morning where alcohol and/or fatigue may inhibit the decision to cease playing. The applicant indicates that all other EGM venues in Bendigo open at 9:00am. Given 9:00am is within the current spread of hours the hotel is permitted to operate, the increase in hours of operation for the gaming should not cause detriment.

In conclusion, a balanced consideration of the increased number of gaming machines within the venue, and increased hours of operation of gaming room have been assessed as being in accordance with policy and should be supported.

Is there policy support for the proposed accommodation and is the built form acceptable with regard to Character and Heritage considerations? The Loddon Mallee South Regional Plan referenced in the Planning Scheme at clause 11.12 has specific policy statements around supporting tourism. A complex such as the Foundry, with the proposed accommodation can be viewed as having policy support.

There are broad housing policy directions in the State Policy (Clauses 11.02 and 16.01) and the Municipal Strategic Statement of the Planning Scheme which are supportive of a diverse range of housing (which can be read to include short term accommodation) in appropriately located and serviced land. Policy emphasises the need for development to be site responsive and respectful of character; as a result the built form of the serviced apartments is a key consideration in this application. Character Part of the application site is within the Neighbourhood Character Overlay (10 Rose Street and 14 Old High Street) meaning that the parts of the site within the Overlay must give consideration to Planning Scheme Policy of Golden Square Residential Character Precinct 1 which is described at clause 22.15 of the Planning Scheme as:


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“The area forms an extension of the inner ring of suburbs that exemplify the distinctive character of early Bendigo. Much of it has an intimate 'cottage' character, derived from the modest scale of the dwellings, frequent use of timber, the small garden setbacks, and the open front fences. Setbacks vary according to the size of lot and housing, but are often consistent within a particular streetscape. Some streets have mature avenues of trees, either exotic or native. This creates a very special character when street trees form a continuous canopy. Some of the area has heritage significance”.

The statement of desired future character is:

"The heritage qualities and the distinctive characteristics of each streetscape will be maintained and strengthened."

The policy is to be achieved by the following objectives and design responses which have been assessed as follows:

Objective: Design Response:

To retain buildings which contribute to the valued character of the area.

Retain and restore wherever possible, intact Victorian, Edwardian, Federation and Interwar era dwellings. Alterations and extensions should be appropriate to the building era.

Assessment: The existing dwellings on Shamrock, Old High and Rose Streets forming the application site are all proposed to be substantially retained. The alterations and extensions to these buildings have been assessed as being appropriate with regard to the context of each dwelling extension.

To maintain and strengthen the established garden settings of the dwellings.

Prepare a landscape plan to accompany all applications for new dwellings.

Assessment: Submission of a landscape plan is one of the recommended conditions.

To maintain the consistency, where present, of building front setbacks.

The front setback should be not less than the average setback of the adjoining two dwellings.

Assessment: This objective is not applicable as the front setbacks in Shamrock, Old High and Rose Streets are not impacted as in the case of Shamrock and Rose Streets, the extension are to the rear of each dwelling.

To maintain the rhythm of dwelling spacing.

Buildings should be setback from at least one side boundary by a minimum of 2 metres, and preferably setback from both.

Assessment: As the dwellings fronting Shamrock, Old High and Rose Streets are being retained and maintain an ‘in grounds’ appearance meaning this objective is met.

To minimise the dominance of car storage facilities.

Buildings should be setback from at least one side boundary by a minimum of 2 metres, and preferably setback from both.


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Objective: Design Response:

Assessment: Each serviced apartment is proposed to provide parking. In the case of 35 Shamrock Street and 14 Old High Street, part of that parking is provided by the use of skillion carports set behind the front wall of those dwellings, therefore meeting the objective. For the balance of the apartments, parking is provided at the rear of the extended dwellings.

To respect the identified heritage qualities of the streetscape or adjoining buildings.

Where the streetscape contains identified heritage buildings, reflect the dominant building forms in the street, including roof forms, in the new building design.

Assessment: Shamrock Street contains identified heritage buildings, including the Foundry Hotel itself having individual significance

The dwellings at 33 and 35 Shamrock Street are both graded in the Butler and Associates Eaglehawk and Bendigo Heritage Study (graded C and D respectively). In order to be respectful of those dwellings, the application has been designed to use low pitched parapeted roofs that are set behind the primary roof forms of those dwellings in order to minimise visual bulk.

In the case of Rose Street there are no graded dwellings, though contextually it is one of very few streets in Bendigo where the predominant dwellings type is the inter-war style. The roof shape of the apartment on Rose Street adopts a more traditional form using hipped roofs.

To ensure that buildings and extensions do not dominate the streetscape.

Respect the predominant building height in the street and nearby properties. Where there is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height.

Assessment: The proposed extensions to the dwellings meet this objective.

To use building materials and finishes that complements the dominant pattern within the streetscape.

In streets dominated by weatherboard dwellings, use timber or other non-masonry cladding materials where possible, and render, bag or paint brick surfaces.

Assessment: The dominant cladding materials proposed are weatherboard type cladding and render. These materials are appropriate subject to the submission of a full colour and material schedule which is a requirement in the recommended conditions.

To ensure front fences are appropriate to the era and maintain the openness of the streetscape.

In streets dominated by weatherboard dwellings, use timber or other non-masonry cladding materials where possible, and render, bag or paint brick surfaces.

Assessment: No front fence detail has been included in the application so the status quo will be maintained.


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Heritage The Eaglehawk and Bendigo Heritage Study identifies the addresses forming the application site as including both an individually significant building (Foundry Hotel) as well as two contributory dwellings within a precinct (33 and 35 Shamrock Street). Both dwellings are graded and Shamrock Street is a ‘Level 3’ Street which contains dwellings of mixed period, but links to more important (Level 1 and 2) streets. Council’s Municipal Strategic Statement relating to Heritage at clause 21.08 notes that:

Greater Bendigo has a large number of significant built heritage assets of local, state and national significance. There are buildings, sites and precincts dating from all decades of post-contact settlement since the 1850’s, following the discovery of gold, throughout the municipality. The total complex of buildings, infrastructure, urban spaces and natural resources represent the most significant asset and resource in central Victoria. Heritage is an important part of the economy of the municipality due to its role in attracting tourists, renovators and new residents who bring economic development initiatives and assets.

Linking to the Municipal Strategic Statement is the City’s current local adopted Heritage Policy at clause 22.06 which includes statements of policy to:

Ensure that new land uses and developments are sympathetic with the appearance and character of heritage places; and

Retain heritage assets for the enjoyment and experience of residents, visitors and future generations of the municipality

The Heritage Overlay at clause 43.01 includes, amongst other matters, the requirement to consider whether “the demolition, removal or external alteration will adversely affect the significance of the heritage place”. Assessment of the merits of the parts of the proposal which need planning permission under the Heritage Overlay is guided by the Overlay and Clauses 15.02 and 22.06 of the Planning Scheme. The Heritage Overlay has a purpose of whether "the location, bulk, form or appearance of the proposed buildings will adversely affect the significance of the heritage place”. The place in this case being both the Foundry Hotel itself and the broader heritage precinct. The State policy includes an objective to ‘encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations’. The development at 33-35 Shamrock Street and alterations to the Foundry Hotel require planning permission under the Heritage Overlay and has sought to not ‘mimic’ any particular building or style. They has been assessed as responding appropriately to the heritage places in terms of scale, height, mass, form, siting and setbacks. Is the reduction of parking associated with the hotel and proposed number of car spaces and traffic associated with the accommodation use acceptable? A common theme raised by all objectors relates to car parking. Since the application was received by the City at least two large events have occurred in the Platinum Room which is the largest function space in the complex. The events were a large wake and more recently a charity fundraising event.


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Nearby residents have provided officers with evidence in the form of photographs and video of vehicles parked in Old High Street, Rose Street (some illegally) and the Woolworths car park. The supplied information has been helpful in understanding the impact of the hotel as it currently operates and have also been passed onto the City’s Parking team for investigation and action. Relevant to this application is what the parking and traffic impacts will be in the event that this application is approved and constructed. As the Foundry Hotel Complex has grown, a consequence of this growth has been that parking and traffic impacts continue to be a key consideration each time an application is considered. By way of background, the 2002 permit (which allowed the extension to Old High Street for the Platinum Room) also saw an increase in the number of permitted patrons on the premise. This increase was from 163 to the current 744 patron (which is proposed to remain unchanged under this permit). The 2002 permit included land purchased by Drayton Manor at 14 Old High Street and 33 Shamrock Street being used to increase the number of car spaces from 30 to 54 (that permit also allowed 72 spaces to be waived). The VCAT issued permit in 2011 allowed a reconfiguration of the car park that reduced the available on-site parking to 46 spaces (the permit allowed the waiver of 22 spaces). This application proposes to reduce the existing 46 spaces on site to 33 spaces. Evidence provided by adjoining and nearby residents confirms the view that the main issue with parking in the locality is when larger events are occurring in the Platinum Room. A key aspect of this application is that the Foundry Complex proposes to discontinue use of the Platinum Room, with the gaming room to be relocated into that space. The hotel is to be internally reconfigured creating smaller function spaces; though the permitted number of people onsite is not proposed to be changed. Officers sought further information from the permit applicant regarding the impacts of reduced provision of off street parking on site. The applicant's transport engineer conducted a parking occupancy survey in August 2014 of the number of spaces being occupied within the Foundry Car Park, as well as publically available parking in Old High Street, Shamrock Street and Woolworths car park. The conclusion of the survey was that even at the usual peak operating times for the Foundry (with the Woolworths car park excluded), the combination of the parking on site and available in the street is sufficient; and with the shift in the business away from hosting large events the extreme occasional impact of parking in Rose Street and potentially illegally elsewhere should reduce as a result. A copy of the report prepared by Ratio Consultants is appended to this report. The serviced apartments and their access create a new set of traffic and parking impacts that require consideration. The Planning Scheme does not specify a parking rate for serviced apartments. In these cases, parking must be provided to the satisfaction of Council. The parking proposed to be provided for each of the apartments is as follows:

14 Old High Street – a single two bedroom apartment. Parking is provided in an attached skillion carport with tandem uncovered space (two spaces) utilizing the existing crossover.


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33-35 Shamrock Street - eight, two bedroom apartments and caretakers unit. Parking is provided in a skillion carport attached to 35 Shamrock Street and one in the front setback of that dwelling, utilising the existing crossover (Note: a recommended condition is that the front yard space be deleted with the second space to be tandem and uncovered). A further seven spaces are proposed at the rear of 33 and 35 Shamrock Street which also utilise the existing crossover.

10 Rose Street – four, two bedroom and one, three bedroom apartment. Parking for five cars is proposed in an undercroft behind the original and retained part of the dwelling, utilising the existing crossover.

Parking is provided at a ratio of one space per apartment. A review of recent VCAT decisions regarding serviced apartment, albeit ones in greater Melbourne is that parking between 0.39 and 0.52 space per apartment has been viewed as being acceptable. VCAT holds that it may be acceptable to provide less parking on sites which have good access to public transport and are within walking distance of many amenities; as could be argued in the case of the Foundry. The Foundry proposes to provide parking for the serviced apartments at a rate which has been assessed as being satisfactory. In terms of the function of the car parking areas; the City’s Transport Engineer has reviewed the layout and the changes recommended have been incorporated into the recommended conditions. Will the overall proposal produce an acceptable outcome in terms of residential amenity? The proposal generates a number of amenity impacts to adjoining and nearby neighbours. These impacts include:

Increased vehicle movements to and from the current dwellings to be redeveloped for serviced apartments;

Parking of cars in spaces which are currently backyards and may require lighting at 33-35 Shamrock and 10 Rose Streets;

Potential overlooking issues from the extension;

Loss of established vegetation which currently serves to soften the interface between residences and the Foundry;

Noise generated from the operation and use of a new courtyard for the hotel and an outdoor common area for the apartments which includes an in ground pool.

The permit applicant has indicated that acoustic fences will be provided to sensitive boundaries (i.e. to 8 and 18 Rose Street, 18 Old High Street and 37 Shamrock Street). The existing planning permit issued by VCAT contains conditions outlining the relevant noise/amenity standards that the hotel is required to meet and these requirements have been included in the recommended conditions. With regard to the outdoor common area (including open space and in-ground swimming pool) a condition is proposed to limit the hours of operation from 9:00am to 9:00pm further protect amenity (note this is one of the operating conditions agreed between the Foundry and the objector who has since withdrawn)


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Established trees and vegetation are proposed to be removed, which does not require planning approval. The impact of this is proposed to be managed by requiring that a landscaping plan be submitted prior to development commencing, with screening vegetation on the boundaries with 8 and 18 Rose Street being required to be planted in Stage 1 of the permit. The reason for requiring the planting in Stage 1 is so that by the time Stage 2 is commenced, the landscaping is on its way to being established which will soften the impact of the loss of other vegetation, in particular at the rear of 35 Shamrock Street. Lighting from the car parking requiring any new lighting to car parking areas to be low profile baffled sensor lights (note this is one of the operating conditions agreed between the Foundry and the objector who has since withdrawn). It is considered that the recommended conditions can limit the offsite impacts to a reasonable level.

Conclusion

An acceptable planning outcome can be achieved by this application and it is recommended that a Notice of Decision to Grant be granted.

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

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the use of land for accommodation (serviced apartments), buildings and works, Partial demolition, reduction in car parking associated with the hotel, waiver of loading and bicycle facility requirements with the hotel, extension of licensed area for the existing hotel, use and installation of 20 additional electronic gaming machines and variation to existing hours of operation for the gaming room at 2 Old High Street; 14 Old High Street; 10 Rose Street; and 33 - 35 Shamrock Street, GOLDEN SQUARE 3555 subject to the following conditions: MODIFIED PLANS AND DOCUMENTS REQUIRED

1. Before the development & use commences, amended plans with appropriate notations to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show: (a) A landscape plan in accordance with Condition 2;


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(b) Changes to the parking layout in accordance with the requirements of the Engineering and Public Space – Transport Engineer condition 3;

(c) A Construction Management Plan in accordance with Condition 11; (d) Any car park lighting provided to be low profile baffled sensor lights. (e) Deletion of the car space shown in the front yard of 35 Shamrock Street,

instead to be shown as a tandem uncovered space behind the proposed carport;

(f) Plans/section drawings outlining proposed fixed overlooking attenuation to the balconies of apartments 8, 9, 13 and 14 to prevent unreasonable overlooking (to accord with ResCode standard B-22) to the secluded private open space of 18 Rose Street and 37 Shamrock Street, to the satisfaction of the responsible authority;

(g) Prior to the commencement of the use of the serviced accommodation at 33 and 35 Shamrock Street the applicant shall construct a 3 metre high non-acoustic framed horizontal woodland grey colorbond fence along the shared rear boundary of 18 Rose Street;

(h) Concurrent with the commencement of the construction associated with the 10 Rose Street serviced accommodation development, a 2.1 metre high acoustic fence with 400mm of no more than 25 per cent transparent screening atop shall be constructed along the shared side boundary with 18 Rose Street, extending from the rear boundary to 5 metres beyond the rear façade of the existing adjoining dwelling at 18 Rose Street. The acoustic part of the fence shall have a surface mass material of 10-15 kilograms per square metre to the satisfaction of the responsible authority;

(i) Acoustic fencing to a height of 2 metres for boundaries of the application site which are shared with 8 Rose Street, 18 Old High Street and 37 Shamrock Street, Golden Square. The fence shall have a surface mass material of 10-15 Kilograms per square metre to the satisfaction of the responsible authority;

(j) Any acoustic treatment required to ensure that there is no potential for noise escape of gaming machines off the site notably along the Old High Street frontage adjacent to the smokers room and entrance;

(k) A drainage plan as required by condition 22 and 23. (l) A full schedule (including samples) of construction materials, external finishes

and colours; (m) The courtyard to comply with the requirements of the Tobacco Act 1987; (n) All signage to comply with the requirements and restrictions of the Gambling

Regulation Act 2003. LANDSCAPE PLAN REQUIRED

2. Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must show: (a) A survey (including botanical names) of all existing vegetation to be retained

and/or removed; (b) Details of surface finishes of pathways and driveways; (c) Planting schedule of all proposed trees, shrubs and ground covers, including

botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;


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(d) Screening vegetation on the boundaries with 8 and 18 Rose Street to be planted in Stage 1;

All species selected must be to the satisfaction of the responsible authority. ENGINEERING AND PUBLIC SPACE – TRANSPORT ENGINEER

3. Carpark Layout: (a) Disabled persons parking bays where required by the BCA, must be provided

in accordance with AS/NZ 2890.6-2009, section 2 and must be signed in accordance with AS/NZ 1742.11-1999 and linemarked in accordance with AS/NZ 2890.6-2009, section 3.

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

(c) The carpark must be provided with public lighting in accordance with AS/NZ 1158.0-2005/Amdt 2-2010 minimum lighting category P11/P12 and the fittings are to minimise spill lighting on to neighbouring property (including road reserves) in accordance with AS/NZ 4282-1997. \

(d) All off-street car parking must comply with AS/NZS 2890.1 2004. (e) Any works outside the property on the road reserve requires a Works Within

Road Reserve permit obtainable from City’s Engineering and Public Space Unit prior to commencing this work. (A Planning Permit is not a Works Within Road Reserve Permit)

(f) The car parking space (carport) on the west side of apartment No 3 is too narrow. The minimum width for a carport is 3.5 metres or 3.10 metres for a carpark with a fence or wall on both sides.

(g) Only one disabled parking bay is required to the south of apartment No 3. This will allow one additional general parking space.

(h) The four car parking spaces between apartments 11 and 12 must be 5.4 metres long if parking is against a wall or fence not allowing any overhang or 4.80 metres long if parking is to a low kerb which allows a 600mm overhang.

4. Site Distance at Property Boundary: (a) The minimum sight line for pedestrian safety must be provided at all exit

driveway frontages to comply with Clause 52.06-8. (b) Sight distance at all access driveways must comply with AS/NZS 2890.1:2004

Fig 3.2

5. Vehicle Crossings / Driveways: (a) Any driveway must be 1.0m clear of power poles. (b) Any driveway must be 1.0m clear of stormwater pits. (c) Any driveway must be a minimum 2.0m clear of tree trunks. For trunks greater

than 200mm wide, offset required is 1m per 100mm. (d) If any existing layback is not used it must be removed and barrier kerb

reinstated. (e) All vehicles, except vehicles exiting 14 Old High Street, must enter and exit the

site in a forwards direction. (f) The driveway from the kerb to the property boundary between apartments No

2 and 3 must be a minimum width of 3.0 metres.

6. Other (a) All loading and unloading of goods must be conducted wholly on the site. (b) The change in grade transition for ramps (ramp between car park No 8 and 15)

should be in accordance with AS 2890.1:2004, cl 2.5.3(e).


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(c) The wall on the west side of the canopy at the main entry between parking bays 30 and 31 must either be removed or replaced with a clear panel to allow pedestrians to see cars exiting the car park.

USE OF THE LAND

7. The use and development as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

ELECTRONIC GAMING MACHINES:

8. No more than 45 gaming machines are permitted to be installed or used in the gaming area. The gaming machines must only be available for use between the hours of 9:00am and 1:00am the following morning and only when the Hotel is permitted to open under its liquor license.

9. Before the use and installation of gaming machines commences, a Responsible Service of Gambling Management Plan is to be submitted to the satisfaction of the responsible authority. The Plan must provide details of access to gaming lounge and include: (a) Measures to identify problem gamblers; and (b) The training of staff in the responsible service of gambling. The Plan, including the matters specified herein, may be amended to the satisfaction of the responsible authority. When approved, the Plan is to be implemented to the satisfaction of the responsible authority.

PATRON NUMBERS

10. No more than 744 patrons are permitted on the subject land at any one time. CONSTRUCTION MANAGEMENT PLAN

11. Before the development commences, a Construction Management Plan (CMP) to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the CMP will be endorsed and will then form part of the permit.

NOISE

12. All external plant and equipment must be acoustically treated and/or insulated to the satisfaction of the responsible authority to minimise noise and vibration and to ensure compliance with noise limits as determined by the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

13. Noise levels emanating from the Premises must not exceed the noise levels as determined by the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

14. No music, of a background level or otherwise, may be played in the external courtyard after before 9:00am and after 10:00pm on any day.

15. The swimming pool associated with the serviced apartments at 33 and 35 Shamrock Street must not be used before 9:00am and after 9:00pm.


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AMENITY AND MANAGEMENT CONTROLS

16 No external sound amplification equipment or loud speakers are to be used for the purpose of announcement, broadcast, or similar purpose without the consent of the responsible authority.

17. The use and development, as approved, must be managed so that the amenity of the area is not detrimentally affected, through the: (a) the transport of materials, goods or commodities to or from the land; (b) the appearance of the building, works or materials; and (c) the emission of noise, artificial light, vibration, smell, flumes, smoke, vapour,

soot, ash, dust, waste water, waste products, grit or oil.

18. External lighting must be designed, baffled and located so as to prevent any adverse effect on surrounding land to the satisfaction of the responsible authority.

19. All security alarms or similar devices installed on the Subject Land must be of a silent type in accordance with any current standard published by Standards Australia International Limited and be connected to a security service.

20. Signage must be displayed near all entrances/exits requesting patrons to leave the Premises in a quiet and orderly manner so as not to disturb nearby residents to the satisfaction of the responsible authority.

21. The venue must ensure that all advertising in relation to the Premises contains the words ‘Free parking provided on site. Entry to the car park is from Old High Street’.

22. The site must be drained to the satisfaction of the responsible authority. Storm water run-off from the site must not cause any adverse impact to the public, any adjoining site or City of Greater Bendigo asset. Stormwater from all paved area must be drained to underground storm water system. Any cut, fill or structure must not adversely affect the natural storm water runoff from and to adjoining properties.

23. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into the City of Greater Bendigo's drains or watercourses during and after development.

EXPIRY OF PERMIT

24. In accordance with Section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: (a) The first stage of the development shown on the endorsed plans is not started

within one (1) year from the date of the permit issue. (b) The first stage of the development shown on the endorsed plans is not

completed within two (2) years of the date of the permit issue. (c) The second stage of the development shown on the endorsed plans is not

started within three (3) years of the date of the permit issue. (d) The second stage of the development shown on the endorsed plans is not

completed within four (4) years of the date of the permit issue. (e) The third stage of the development shown on the endorsed plans is not

commenced within five (5) years of the date of the permit issue. (f) The third stage of the development shown on the endorsed plans is not

completed within six (6) years of the date of the permit issue.


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NOTES: ENVIRONMENTAL HEALTH & LOCAL LAWS Food

Any alterations to the food premises must be constructed and maintained in accordance with the Food Act 1984 and the Food Standards Code. It is strongly recommended that a plan of the proposed food premises changes be submitted to Environmental Health and Local Laws for assessment prior to the commencement of construction and/or fit out. Information on the construction and fit-out of a food premises can be downloaded from City of Greater Bendigo webpage www.bendigo.vic.gov.au/Business/Food_businesses or by contacting Environmental Health & Local Laws on (03) 5434 6333.

It must be ensured that all construction works undertaken do not pose a potential contamination risk to food activities undertaken at the premises.

Tobacco

Any altered or new outdoor drinking and dining areas, must comply with the Tobacco Act 1987 (refer to the Smoke free guide: Licensed premises and outdoor dining and drinking areas booklet, available from Council or from the web at www.health.vic.gov.au/tobaccoreforms/outdoor.htm)

The sale of tobacco must be in accordance with the Tobacco Act 1987 and the correct signage is required to be displayed.

Accommodation

The premise must be registered with the City of Greater Bendigo under the Public Health and Wellbeing Act 2008 if any of the proposed dwellings are to be used for the purpose of prescribed accommodation.

The proposed prescribed accommodation must meet the requirements of the Public Health & Wellbeing Regulations 2009 including the requirements for minimum room sizes within these Regulations.

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

CARRIED

http://www.bendigo.vic.gov.au/Business/Food_businesses

http://www.health.vic.gov.au/tobaccoreforms/outdoor.htm


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2.4 17-19 DEBORAH STREET, GOLDEN SQUARE 3555 - USE AND DEVELOPMENT OF LAND FOR WAREHOUSES, ASSOCIATED CAR PARKING, WORKS AND ADVERTISING SIGNAGE, REMOVAL OF NATIVE TREES, EXTENSION AND ALTERATIONS TO EXISTING BUILDING


Author Kahlia Reid, Town Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: Use and development of land for warehouses, associated car parking, works and advertising signage, removal of native trees, extension and alterations to existing building.

Application No: DI/576/2014

Applicant: Colin M Nankervis Consulting Engineers

Land: 17-19 Deborah Street, GOLDEN SQUARE 3555

Zoning: Commercial 2 Zone

Overlays: No Overlays

No. of objections: 8

Consultation meeting:

A consultation meeting was held on 9 December 2014, attended by the planner, owner, applicant, objectors and Councillors Lyons, Fyffe and Chapman.

Key considerations: Whether the proposal is consistent with the Greater Bendigo Planning Scheme.

Whether the proposed use and development will have an unreasonable impact on the amenity of adjoining residential properties.

Conclusion: The application is recommended for approval on the basis that it represents an acceptable development with regards to the requirements of the Greater Bendigo Planning Scheme. The report considers the permit application and recommends that the City of Greater Bendigo issue a Notice of Decision to Grant a Planning Permit.


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Policy Context


Planning for Growth


Productivity

Fostering business and industry growth.

Report

Subject Site & Surrounds

Orientated east to west along its longest axis the site is an irregular shaped allotment located on the eastern side of Deborah Street approximately 130 metres north of Thistle Street. The site contains a frontage to Deborah Street of 39.9 metres, has a depth of 111.4 metres along the southern boundary and a total area of approximately 9,531 square metres. The site falls approximately 8 metres from the rear boundary towards Deborah Street. A building is currently established on the site presenting to Deborah Street. The balance of the land is currently vacant, with the exception of a few scattered native trees. The site is located within the Commercial 2 Zone and is adjoined by land zoned General Residential to the east and Public Park and Recreation to the north. All adjoining properties to the east contain single storey dwellings presenting to Adam Street. Land to the north is denoted by the previous Deborah Company Quartz Gold Mine. The land contains a poppet head and other historic mining structures. The site is individually identified under the Heritage Overlay and is on the Victorian Heritage Register. Commercial development is evident along both sides of Deborah Street.


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

Proposal

The application seeks planning approval for the extension and alterations of an existing building, use and development of eight warehouses, associated car parking, works, advertising signage and removal of native vegetation. The definition of warehouse is land used to store or display goods. It may include the distribution and the wholesale selling of goods. Extension and Alteration to Existing Building The building currently has a length of approximately 33 metres and a width of approximately 18.5 metres, giving a total footprint of approximately 610.5 square metres. The south western and south eastern walls are proposed to be demolished as well as internal walls. The building will be extended towards the southern boundary, with the new southern wall angled to run parallel to the existing fence. The proposed footprint is 1,006.32 square metres. A new glass frontage is proposed along the Deborah Street frontage, activating the site. The new extension will be constructed from concrete tilt slab panels, galvanised iron and Colorbond cladding.


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Use and Development of Eight Warehouses Shed 1 will be located near the north western corner of the site. The shed will be setback 3 metres from the northern boundary and a minimum of 6.9 metres from the western boundary. Sheds 2 – 8 are proposed to be constructed along the eastern boundary of the site, adjoining land zoned General Residential. The sheds will be setback 2 metres from the eastern boundary and 20 centimetres from the northern and southern boundaries. There will be no separation between the sheds. A layout of the site is shown in Figure 2. The sheds will range in size between 354 m2 and 415 m2. A site cut is proposed to reduce the height of the development along the eastern boundary. The sheds will range in height between approximately 4.5 metres to approximately 5.4 metres above natural ground level (refer to Figure 3). The buildings are proposed to be constructed from concrete tilt panel and Colorbond cladding.

Figure 2: Proposed site layout.

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Figure 3: Eastern elevation of proposed Sheds 2-8 along residential boundary.

Car parking Seventeen car parking spaces are proposed to be provided for the existing building (fronting Deborah Street). An additional fifty-nine car parking spaces are proposed for Sheds 1 – 8. Access ways and car parking spaces will be required to be sealed and line marked. Signage A freestanding sign is proposed to be constructed at the front of the site. The sign will consist of eight small panels to identify each of the new warehouses (refer to Figure 4). The overall size of the sign will be 4 metres by 4 metres, with each panel 2 metres long and 1 metre wide. The panels will commence 2 metres above ground level. New signage is also proposed for the existing building presenting to Deborah Street. Details of the signage will be required to be submitted to the City prior to erection on the site.

Figure 4: Proposed sign. Removal of Native Vegetation The application seeks the removal of one tree and two remnant patches of native vegetation from the site A Biodiversity Report has been prepared to accompany this application.


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Planning Controls - Greater Bendigo Planning Scheme

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

Clause 11.05-1 Regional Settlement Networks

Clause 11.12 Loddon Mallee South Regional Growth

Clause 12.01-1 Protection of Biodiversity

Clause 12.01-2 Native Vegetation Management

Clause 13.03-1 Use of Contaminated and Potentially Contaminated Land

Clause 13.04-1 Noise Abatement

Clause 15.01-2 Urban Design Principles

Clause 17.01-1 Business

Clause 18.02-5 Car Parking Municipal Strategic Statement

Clause 21.03 Vision – Strategic Framework

Clause 21.07 Economic Development

Clause 21.08 Environment Other Provisions

Clause 52.05 Advertising Signage

Clause 52.06 Car Parking

Clause 52.07 Loading and Unloading of Vehicles

Clause 52.17 Native Vegetation

Clause 65 Decision Guidelines


Referrals The internal departments have been consulted on the proposal:

Referral Comment

Traffic & Design No objection subject to conditions including:

Car Park Layout

Sight Distance at Property Boundaries

Vehicle Crossing and Driveways

Illuminated Signage

Garbage Collection

Loading and Unloading

Bicycle Parking Facilities


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Referral Comment

Drainage No objection subject to conditions including:

Detailed Drainage Plan

Construction of Works (stormwater drainage)

Public Assets

Consent for Works on Road Reserve

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising, nine objections were received. One objection was withdrawn following the consultation meeting and the submission of amended plans. The grounds of objection are summarised as being:

Noise pollution (during construction and operation);

Sound trap (proposed warehouses will act as a sound trap for noise from Adam Street);

Setback distance of proposed warehouses from residential boundary;

Amenity impacts from height of proposed warehouses;

Drainage and water runoff;

Solar access (impact on natural light);

Loss of biodiversity and habitats for fauna;

Heritage of the area;

East Bendigo the focus for commercial development within Bendigo;

Soil contamination;

Loss of view over Bendigo;

Property value. Following the formal consultation meeting the applicant amended the site plans to increase the setback of Sheds 2-8 from the eastern boundary (abutting residential land) from 200 millimetres to 2 metres to allow landscaping and a more appropriate interface. The amended plans were circulated to objectors. One objection was withdrawn following this amendment. All other objections remain relevant to this proposal. The objections are addressed / discussed in the following planning assessment.


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Planning Assessment

Does the proposal accord with the relevant State and Local Planning Policies including Municipal Strategic Statement? The State and Local Planning Policies including the Municipal Strategic Statement which are relevant to this application are previously identified in this report. Clause 11.12 Loddon Mallee South regional growth identifies one of the key objectives is to strengthen and diversify the economy by supporting the expansion of the region’s diverse economy to enable residents to works and participate in the region. The application seeks to develop eight additional buildings on the site to be utilised as warehouses, servicing a range of different tenancies. The land use and development will provide additional options for small businesses, facilitating economic growth in the area. It is considered that the proposal is consistent and supported by the relevant State and Local Planning Policies for the following reasons:

The proposal supports the strategies of the corporate vision by developing Bendigo as the prime commercial and service centre of the region and identifying and supporting investment.

It is a large site with an area of 9,531 square metres and is suitably located to cater for higher density commercial development.

Vehicle parking can be appropriately facilitated within the boundaries of the site.

Designated loading and unloading areas have been provided within each of the proposed warehouses.

There is opportunity for rubbish to be appropriately stored within the existing and proposed warehouses. A private rubbish collection will be required to service the development. This will be included as a condition on any permit that is issued.

The native vegetation on the site has been assessed and it is considered its removal will not have an adverse impact on the biodiversity value of the area.

Noise levels can be controlled through planning permit conditions and the State Environment Protection Policy.

However, while the application is considered to be consistent and supported by a number of State and Local Planning Policies it does not completely comply. There are a number of elements identified in the urban design principles of Clause 15.01-2 which could have been further considered for the site, including contribution to complexity and diversity of built form, achieving high standards of architecture and urban design and integration and role of landscaping. On balance it is considered the proposed development is generally supported by relevant policies. Proposed permit conditions will assist in implementing the principles identified in Clause 15.01-2 improving the overall appearance of the development.


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Does the site accord with Clause 13.03-1 Uses of Contaminated and Potentially Contaminated Land? The site and surrounding area was historically utilised for mining. The City's mapping system shows mine shafts near the northern boundary of the site, as well as on adjoining properties to the north and east.

Figure 5: Mine shaft location indicated by red circles.

A Preliminary Soil Evaluation of the site was undertaken by Geotechnical Testing Services during the application process. The report summary stated: “Based on the results of this investigation, it is GTS’ recommendation that all materials remain on site as it meets the permissible levels for a commercial / industrial development. If material is required to be disposed on offsite, it is recommended that it be stockpiled and tested further in accordance with EPA guidelines, then transported by a licensed carrier to a certified landfill. Due to the presence of low level contamination at the site, it is recommended that a soil management plan be incorporated into the construction management plan during development and construction to ensure that site personnel and neighbouring properties are not adversely affected.” During an onsite investigation some small fibro-cement material fragments were also found. The samples have been tested by Environmental and Safety Professionals who have concluded no asbestos was detected in the samples. The site is concluded to be visually clean of asbestos contamination by a licensed asbestos removalist. A condition of any permit will require a Soil Management Plan to be prepared and submitted to the City, prior to any works commencing on site.


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Is the site located in a suitable area to cater for the proposal and will the proposal have an unreasonable amenity impact on the area, in particular adjoining residential properties? Site Locality and Zoning The site is located within an established commercial area to the south of the Bendigo CBD and is adjoined by land to the east zoned General Residential (as identified in Figure 6).

Figure 6: Land zoning of the immediate area. The purpose of the Commercial 2 Zone is to encourage commercial areas for offices, appropriate manufacturing and industries, bulky goods, other retail uses, and associated business and commercial services and to ensure that uses do not affect the safety and amenity of adjacent, more sensitive uses. The use of the land for Warehouse requires planning approval as the site is not setback by at least 30 metres from land within a residential zone. Clause 34.02-2 Commercial 2 Zone identifies 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.

Setbacks The existing building and proposed Shed 1 are setback from the residential interface by a minimum of 55 metres. Therefore, it is considered the use of these two buildings will not adversely impact on the adjoining residential properties. Sheds 2 – 8 are proposed to be built along the eastern boundary of the site, with a setback of 2 metres from the existing residential properties.


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Overshadowing has been raised as one of the key issues from adjoining residential properties. While the proposed setback will not prevent overshadowing from occurring the extent is considered acceptable. This setback is considered to be an appropriate separation between the proposed development and existing residential properties for reasons discussed in this report. Visual Appearance The shed walls that will face residential properties are proposed to be concrete tilt slab with a Colorbond wall panel. It is proposed to impose a condition requiring the rear of the warehouses to be painted in muted tones or provided with an appropriate textured finish to complement the proposed landscaping. Landscaping The proposed setback between Sheds 2-8 and adjoining residential properties provides the opportunity for landscaping. The landscaping will be provided to soften the appearance of the buildings along the residential boundary. The selected plant species will be required to be planted at a mature size rather than seedlings. Noise, Dust and Light Emissions Sheds 2-8 which adjoin established residential properties will present towards Deborah Street. It is acknowledged that the operation of these buildings is likely to produce some noise and light emissions; however the orientation of the buildings is likely to project any impact towards the existing commercial area rather than residential properties. These potential impacts can be controlled through appropriate permit conditions relating to operating hours, control of dust during construction and baffled lighting. Noise levels can also be controlled through the State Environment Protection Policy – Noise from Industry in Regional Victoria (recommended maximum noise levels from commerce, industry and trade premises in Regional Victoria). Interface with Neighbours There is no doubt there will be some amenity impacts to the adjoining residential properties which have previously been identified in this report. However, as observed by the Victorian Civil and Administrative Tribunal on many occasions the amenity expectations of residents in such an interface location must be tempered accordingly. In other words, residents whose property adjoins a commercial zone cannot reasonably expect the same level of amenity as residents in an exclusively residential area.


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The Tribunal has also noted in similar occasions that the obligation to buffer or screen a development is not a one way process, especially at a residential / commercial interface. There is some obligation on both sides of the fence to provide as smooth transition as possible. Adjoining residents need to play a role in protecting their own amenity which may take the form of landscaping, a higher fence or mounding from the inevitable development which will occur on commercial properties. It is considered that the proposal can be appropriately developed and operate in a manner which will minimise significant adverse impact on adjoining residential properties. Will the use and development adversely impact on native vegetation and biodiversity? The application seeks planning approval for the removal of one tree and two remnant patches of native vegetation from the site Clause 12.01-2 Native Vegetation Management seeks to ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. The above objective is achieved through the implementation of a risk-based approach to the management of native vegetation through three steps:

1. Avoid the removal of native vegetation that makes a significant contribution to Victoria’s biodiversity.

2. Minimise impacts on Victoria’s biodiversity.

3. Where native vegetation is permitted to be removed, ensure that an offset is provided in a manner that makes a contribution to Victoria’s biodiversity that is equivalent to the contribution made be the native vegetation to be removed.

The vegetation removal is required to facilitate the development of the warehouses and associated access and car parking. The site is located within an established urban area where significant development has occurred resulting in the loss of native vegetation from most properties. The native vegetation on the site is generally isolated from other vegetated areas in the vicinity and therefore its biodiversity value has been reduced. A Biodiversity Assessment Report has been prepared to accompany this application which identified the total extent of native vegetation removal as 0.114 ha, the risk based pathway as low and the offset amount as 0.014 general biodiversity equivalence units (which is a measurement of the contribution the native vegetation on the site makes to Victoria’s overall biodiversity). An offset of the vegetation proposed to be removed will be required within the North Central Catchment Management boundary.


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It is considered given the site's urban locality and small extent of native vegetation which is proposed to be removed, the development will not adversely impact on the broader biodiversity value of the area. The native vegetation can be appropriately offset in a location which will promote the strengthening of vegetation protection and biodiversity value. Does the proposal appropriately address the requirements of Clause 52.05 Advertising Signage, Clause 52.06 Car Parking and Clause 52.07 Loading and Unloading of Vehicles? Advertising Signage Advertising signage within the Commercial 2 Zone falls under Category 1- Commercial Areas of Clause 52.05. Business identification signage requires planning approval if the total advertisement area of all signs to each premise exceeds 8 square metres. The existing building fronting Deborah Street will be provided with a new business identification sign with an area of 8 square metres attached to the front façade. A freestanding sign is also proposed to be generally located near the centre of the site frontage, setback approximately 7 metres from Deborah Street for the identification of the eight proposed warehouses. The sign will consist of eight, 2 metre by 1 metre panels, giving a total area of 16 square metres. Details of the panels have not been finalised as the tenants of the proposed sheds are currently unknown but would be required prior to construction on site. As the signage will present towards Deborah Street, is of an appropriate scale to the development and is not proposed to be illuminated it is considered the signage will not have an adverse impact on the streetscape. Car Parking Clause 52.06 identifies the number of car parking spaces required for a warehouse is two spaces to each premise and 1.5 spaces to each 100 square metres of net floor area. At completion of the development the total floor area will be 4,018.32 square meters which will require a total of 76 car parking spaces. The car parking spaces and accessways will be sealed, lines marked and allow vehicles to enter and exit in a forward motion. The car parking spaces and access layout of the site complies with the requirements of this standard.


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Loading and Unloading of Vehicles Clause 52.07 purpose is to set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety. A loading space has been provided internally within the existing and proposed warehouses. Given the relatively small nature of proposed Sheds 1 – 8 it is unlikely that large trucks or vehicles will access the site for deliveries associated with the proposed use It is considered the proposal appropriately satisfies this provision. Will the proposal impact on property value? There is established case law which holds that a proposed decrease in property value is an irrelevant planning consideration. This has been a long standing position by the Tribunal and other than in exceptional cases, where clear evidence can be presented, loss in property value will not be entertained as a ground of objection. No evidence has been provided to support this ground of objection, therefore it is not a relevant consideration.

Conclusion

The site is within a central location and is appropriately zoned to cater for commercial development. The size of the site promotes the opportunity for development of this scale and allows associated works including access and car parking to be contained within the boundaries of the site. The adjoining residential properties have been thoroughly considered during the assessment of this application. While it is acknowledged there may be some amenity impacts, on balance the use and development of the land can be undertaken in an acceptable manner and will contribute to economic and commercial activity of Bendigo. In conclusion, the application is recommended for approval on the basis that it represents an acceptable planning outcome for the site and satisfies the requirements of the Greater Bendigo Planning Scheme.

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


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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit to Use and development of land for warehouses, associated car parking and works and advertising signage, removal of native trees, extension and alterations to existing building at 17-19 Deborah Street, GOLDEN SQUARE 3555 subject to the following conditions: 1. MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and 2 copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Material and colour finishes of the proposed warehouses, including the

rear walls of Sheds 2-8 to be appropriately painted or provided with a textured finish.

(b) The provision of bicycle storage facilities. (c) Reconfiguration of car parks 3-7 in front of the existing building to either

allow vehicles to exit the site in a forward direction or indent spaces into the kerb.

2. DETAILED SIGNAGE PLANS

Prior to the erection of any new signage on the site plans showing details of the colours, text, logo, height above ground level and location of the sign must be submitted to and approved by the responsible authority.

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

4. LANDSCAPE PLAN REQUIRED Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn by a person qualified in landscape design to scale with dimensions and 2 copies must be provided. The plan must show: (a) A survey (including botanical names) of all existing vegetation to be

retained and/or removed. (b) Details of surface finishes of pathways and driveways. (c) Planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

(d) Details of how access will be provided for maintenance of the landscape area along the eastern boundary.

(e) Trees proposed along the eastern boundary of the site must be advanced stock with a minimum height of 2 metres except with the prior written consent of the responsible authority.


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All species selected must be to the satisfaction of the responsible authority.

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

6. COMPLETION OF LANDSCAPING Before the use/occupation of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

7. NATIVE VEGETATION OFFSETS (a) Native vegetation offsets

In order to offset the removal of 0.114 hectares of native vegetation approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements, and is in accordance with the Permitted clearing of native vegetation – biodiversity assessment guidelines and the Native vegetation gain scoring manual. The offset must:

contribute gain of 0.014 general biodiversity equivalence units

be located within the North Central Catchment Management Authority boundary or Greater Bendigo municipal district

have a strategic biodiversity score of 0.311 (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 his permit and be in accordance with the requirements of Permitted clearing of native vegetation – biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can either be:

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 offsite site condition statement, including photographs must be included in this notification.

8. CAR PARK CONSTRUCTION

Before the use or occupation of the development starts, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:


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(a) Constructed (b) Properly formed to such levels that they can be used in accordance with

the plans (c) Sealed (d) Drained (e) Line marked to indicate each car space and all access lanes (f) Clearly marked to show the direction of traffic along access lanes and

driveways to the satisfaction of the responsible authority. (g) Provided with public lighting in accordance with AS/NZ 115.0-2005/Amdt 2-

2010 minimum lighting category P11/12 and the fittings are to minimise light spill on to neighbouring properties (including road reserves) in accordance with AS/NZ 4282-1997.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

9. VEHICLE MANOEUVRING All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

10. VEHICLE CROSSINGS Vehicular access to the subject land from any roadway or service lane (and vice versa) must be constructed in accordance with the Infrastructure Design Manual SD 250. A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Engineering & Public Space Unit prior to any work commencing in the road reserve.

11. PEDESTRIAN SIGHT LINES The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-8 of the Greater Bendigo Planning Scheme.

12. LOADING AND UNLOADING The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject land.

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

14. CONCRETE BUILDINGS All tilt slab or pre-cast concrete buildings must be painted, treated, textured and maintained thereafter to the satisfaction of the responsible authority.

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


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16. EXPOSED STORAGE

Goods, equipment or machinery must not be stored or left exposed outside a building so as to be visible from any public road or thoroughfare.

17. SIGNS NOT TO BE ALTERED The location and details of the sign(s), and any supporting structure, as shown on the endorsed plans, must not be altered without the written consent of the responsible authority.

18. SIGN(S) WITHIN LAND BOUNDARIES The sign(s) permitted by this permit must be located wholly within the boundaries of the subject land in a location that does not obscure the sightlines of motorist or pedestrians.

19. NO EXTERNAL SIGN ILLUMINATION The sign(s) permitted by this permit must not be floodlit or illuminated by external lights except with the prior written consent of the responsible authority.

20. NO FLASHING LIGHT IN SIGNS Flashing or intermittent light must not be used in the sign(s) permitted by this permit except with the prior written consent of the responsible authority.

21. NO BUNTING Bunting, streamers, flags, wind vanes or similar material must not be displayed except with the prior written consent of the responsible authority.

22. NOISE CONTROL Noise levels emanating from the premises must comply with the recommended levels as set out in the guidelines for Noise from Industry in Regional Victoria which follows State Environment Protection Policy - Control of Noise from Commerce, Industry and Trade No. N-1 procedures) to the satisfaction of the responsible authority.

23. BAFFLED LIGHTING External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the responsible authority.

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

25. 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 and sedimentation control

works. (b) Techniques and intervention levels to prevent a dust nuisance.


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(c) Techniques to prevent mud and dirt being transported from the site to adjacent streets.

(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 and the Environment Protection Agency

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

27. SOIL MANAGEMENT PLAN Prior to commencement of works on the site, a Soil Management Plan must be submitted to and approved by the responsible authority. The Plan must address the findings of the Soil Evaluation prepared by Geotechnical Services that was submitted with the permit application.

28. DETAILED DRAINAGE PLANS Prior to the commencement of works, 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) allowance made for natural flows of Adam Street properties.

29. CONSTRUCTION OF WORKS Prior to the commencement of use of the extension road works, drainage and other civil works must be constructed in accordance with the plans and specifications approved by the responsible authority and must include: (a) stormwater drainage

30. 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.

31. AMENITY OF THE LOCALITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by reason of the


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processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

32. HOURS OF OPERATION Except with the prior written consent of the responsible authority, the use of Sheds 1 – 8 permitted by this permit must operate only between the following times:

Monday to Friday 7.00 am – 6.00 pm

Saturday 7.00 am – 1.00 pm

33. GARBAGE COLLECTION Garbage and recycling collection must be by a private service. Evidence of the arrangements for the collection must be submitted to and approved by the responsible authority. Garage and recycling collection must only occur during the hours of operation identified in Condition 32.

City of Greater Bendigo Engineering & Public Space Unit Note A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Engineering & Public Space Unit prior to any work commencing in the road reserve. CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with: (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005, and (c) Road Management (General) Regulations 2005

with respect to any requirements to notify the Coordinating Authority and/or seek consent from the Coordinating Authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this 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. RESOLUTION Moved Cr Campbell, Seconded Cr Lyons. That the recommendation be adopted.

CARRIED


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2.5 GREATER BENDIGO PLANNING SCHEME AMENDMENT C216 - HOSPITAL PRECINCT STRUCTURE PLAN


Author Janelle McCallum, Strategic Planner Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

To seek authorisation to prepare and exhibit Greater Bendigo Planning Scheme Amendment C216 to implement the recommendations of the Hospital Precinct Structure Plan.

Policy Context

Council Plan Reference: Theme 1: Leadership and good governance Strategic Objectives 2. Effective community engagement 4. Delivery of programs projects and services that respond to community needs. Theme 2: Planning for growth Strategic objectives 1. Adaptability for change and population growth through good design and careful

planning of infrastructure and facilities. 2014-2015 Actions 2.1 Greater Bendigo delivers major projects while maintaining its unique character,

accommodating a growing population and diversifying the economy. 2.1.2 Complete the Hospital Precinct Structure Plan and commence

implementation of agreed priorities. Strategy Reference: www.bendigo.vic.gov.au/hospitalprecinct Loddon Mallee South Regional Growth Plan Reference: 11.1 Building on Economic Strengths The plan supports the growth of Bendigo as the regional city and major employment, education and services hub.


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Future Bendigo Economic and Settlement Land Use Actions The plan has the action “support the Bendigo Hospital Precinct Planning Project and housing and mixed use planning and developments within the precinct” (page 44).


The Hospital Precinct Structure Plan (HPSP) was adopted by Council on 10 September 2014 following an 18-month preparation timeframe. A high priority action is to implement the HPSP by making various zoning, overlay and policy changes to the Greater Bendigo Planning Scheme. These changes are integral to realising the vision and objectives of the HPSP. The key steps in the amendment process are summarised below.

Planning Scheme Amendment to Minister for

Approval and Gazettal

Council decision in response to the Panel

Report - adopt, abandon or reject Panel

recommendations etc.

Council Report to appoint an Independent Panel or

abandon

Yes No

or resolved

Council Report to adopt or abandon the Amendment

Submissions Received

Exhibition of Proposed Amendment


Strategy Amendment

Strategy developed



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Previous Council Decision(s) Date(s): April 2013 – Consideration of Technical Analysis Report October 2013 – Draft Concept Structure Plan April 2014 – Draft HPSP released for community comment September 2014 – HSPS adopted by Council

Report

The proposed planning scheme amendment updates the Municipal Strategic Statement, introduces a local planning policy on Hospital Precinct Medical Centres, amends the existing Parking Overlay, creates two new Design and Development Overlays, establishes the Hospital Precinct Structure Plan as a reference document and implements the recommended zone changes. The proposed rezoning in the precinct includes Commercial 1 zone, Residential Growth zone, General Residential zone and Public Park and Recreation zone. Attachment 1 represents the proposed rezoning in the precinct. There are also proposed overlay changes which include the introduction of two Design and Development Overlays and the removal of the Heritage Overlay and Neighbourhood Character Overlay. These changes can be seen in Attachment 2. Attachment 3 shows the proposed extension to the Parking overlay. The new local planning policy on Hospital Precinct Medical Centres applies to the “Health Precinct” indicated on the following map.


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The policy reinforces the priority areas for locating healthcare uses within the Hospital Precinct and has the objectives:

To concentrate and co-locate medical and supporting uses in suitable locations.

To integrate medical uses as part of mixed use developments.

To minimise the impact of medical uses on the amenity of residential areas.

To maximise the proximity of medical services to foster healthcare sector synergies.

To improve accessibility to medical services by walking, cycling and public transport.

To maintain and protect the local character and amenity of residential areas.

To minimise the loss of dwelling stock in residential areas.

To reuse heritage buildings in appropriate situations. It is noted that one significant zoning change recommended by the Hospital Precinct Structure Plan is intentionally omitted from the amendment. The proposed change applies Bridge Street and Arnold Street road reserves, and would entail a rezoning from Road Zone Category 1 to Road Zone Category 2.


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A Road Zone Category 1 is a road declared as a freeway or arterial road under the Road Management Act 2004 and managed by VicRoads, whereas a Road Zone Category 2 is a local road managed by a local authority. This zoning change has been omitted at this stage because it is subject to a more complex process of consultation, investigations and review as outlined in the Implementation Schedule of the HPSP. Priority/Importance: High - The Hospital Precinct Structure Plan is a high-level strategy and vision for the Hospital Precinct, focussing on various aspects of its physical environment – land use, building form, public spaces, transportation, and infrastructure. The HPSP is a guide for decision-making and will provide improved certainty for businesses, investors and the community. The proposed planning scheme amendment is a critical action to achieve the vision and objectives of the Structure Plan. Options/Alternatives: The following options are available to Council:

To support the amendment proposal and make a request to the Minister for Planning to authorise preparation and exhibition of the amendment.

To resolving not to prepare an amendment. Risk Analysis:

Risk Mitigation

The changes proposed to the Greater Bendigo Planning Scheme could result in landowner objections.

One-on-one meetings with potentially affected landowners, a number of community information sessions and the opportunity to lodge submissions will be undertaken during the planning scheme amendment exhibition process. If objections are received, the amendment will be presented at an independent panel hearing prior to a final decision being recommended to Council.

Failure to implement the proposed Planning Scheme changes in a timely way, or at all, could deter or prevent investment in the Precinct.

Progress the amendment as a priority action by allocating necessary staff resources. Conduct a transparent and informative community consultation process to mitigate concerns and limit objections.


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Internal Consultation:

The amendment documentation has been reviewed internally by the Strategy and Statutory Planning units. External Consultation:

Substantial consultation with the community and with relevant agencies was carried out during the preparation of the Hospital Precinct Structure Plan. Consultation will also be undertaken with the Department of Environment, Land, Water and Planning on the detailed content of the amendment prior to exhibition. The City must formally give notice of amendments to all owners and occupiers who may be materially affected by the amendment, together with prescribed Ministers and public authorities. The amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper. The exhibition period for an amendment must be at least 1 month, and in this case is proposed to be extended to 6 weeks. If the Minister authorises Council to proceed with the amendment, exhibition is proposed to be undertaken in the second quarter of 2015.


The Amendment will have resource implications. Officer time will be required to prepare the amendment documentation for authorisation, manage and administrate the exhibition process, review submissions, and liaise with the Minister for Planning. A panel process, if required, will require further officer time for preparation and attendance at the hearing, and may also attract additional costs if legal representation is considered necessary. The City is responsible for payment of statutory fees and costs incurred in the processing of the amendment. This may include a panel hearing process if the amendment has unresolved submissions following exhibition. The amendment will result in an increase in planning applications due to the new planning controls. Budget Allocation in the Current Financial Year: $10,000 to finalise the HSPS and commence the amendment process

Previous Council Support: $100,000 over two financial years to prepare the Hospital Precinct Structure Plan.

Projected costs for future financial years: There is an allocation in the Strategic Amendments budget to complete the amendment process.


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Conclusion

Planning Scheme Amendment C216 proposes to implement the recommendations of the Hospital Precinct Structure Plan. The proposal is based on and supported by the strategic work undertaken, the provisions of the Greater Bendigo Planning Scheme and the Loddon Mallee South Regional Growth Plan. The proposed planning scheme amendment gives statutory effect to the Hospital Precinct Structure Plan that supports Bendigo as the premier health centre for Regional Victoria. It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the amendment.

Attachments

1. Summary of zoning changes 2. Summary of overlay changes 3. Proposed extension of the Parking overlay

RECOMMENDATION

That the Greater Bendigo City Council resolves to: 1. Request the Minister for Planning to authorise Council to prepare and exhibit

planning scheme amendment C216 to the Greater Bendigo Planning Scheme. 2. When Authorised by the Minister, exhibit amendment C216 to the Greater Bendigo

Planning Scheme giving notification as required. RESOLUTION Moved Cr Campbell, Seconded Cr Williams. That the recommendation be adopted.

CARRIED


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2.6 DRAFT COMMUNITY ACCESS AND INCLUSION PLAN 2015-2018


Author Romina Lougoon, Social Planner Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

This report recommends that Council approve the public release of the draft Community Access and Inclusion Plan 2015-2018 for the purpose of inviting community comment, prior to considering the adoption of the final Plan.

Policy Context

Council has a statutory obligation under the Victorian Disability Amendment Act 2012 (the Act) to prepare a Disability Action Plan and report on the implementation of the Plan in its Annual Report. Council Plan Reference:

Theme 3 - Presentation and Vibrancy Strategy 3.7 – Greater Bendigo has inclusive and equitable communities where people feel welcome and connected to others. Strategy Reference (include weblink as applicable):

Greater Bendigo Public Health and Wellbeing Plan 2013-2017 Theme – Liveability Action – Review, develop and implement a Disability Access Plan (Community Access and Inclusion Plan) in line with legislative requirements.


The way people move around our City, access information, buildings and services and their overall experience in our community is important. This is the fourth Community Access and Inclusion Plan (CAIP) the City has developed since 2001. Many positive changes have occurred so far but there are still more that can be done. The draft CAIP investigates the issues and barriers people with a disability face being included in our community and easily accessing their needs. The draft CAIP is based on four objectives that must be addressed as part of our legislative obligations. These are:

Reduce barriers to a person with a disability accessing goods, services and facilities;

Reduce barriers to persons with a disability obtaining and maintaining employment;

Promote inclusion and participation in the community of persons with a disability; and


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Achieve tangible changes in attitudes and practices that discriminate against persons with a disability.

Previous Council Decision Date:

Current CAIP adopted by Council 25 May 2011

Report

According to the Australian Bureau of Statistics approximately 20% of the population in Victoria has some form of disability. For Greater Bendigo this means approximately 20,000 people may have a permanent or temporary disability. Disability results from the interaction of three factors; medical condition, bodily functions and the social and physical environment. The definition of disability provided in the Disability Discrimination Act 1992 is comprehensive yet describes the different types of disabilities our community faces. The draft CAIP is the City of Greater Bendigo’s commitment to reducing barriers to people with a disability and will assist staff to consider issues around access and inclusion in the work they do. The draft CAIP is based on the four objectives above and is underpinned by four key principles: social inclusion, human rights, diversity and community engagement. The development of the draft CAIP was based on the review of the previous Plan, a detailed background report and community engagement with people with a disability, service providers, the general community and City staff. There was strong evidence from the community engagement process that the City is to be a leader in this area and set an example for other businesses and community members to follow. This means the actions within this Plan are based on what the City can do to meet the four objectives of the Plan. Below is a summary of the actions in the draft CAIP. Reduce barriers to persons with a disability accessing goods, services and facilities

Undertake Universal Access Program Audits and implement the required works;

Communicate to City staff the availability of internal access audits;

Apply the 'Creating the Accessible Places' model to various suburbs and roll the model out to various units within the City. The model looks at identifying, prioritising, actioning and communicating community needs;

Review the City’s Public Toilet Strategy and set out a works program;

Staff member to undertake Accredited Access training;

Hold biennial forums with building surveyors, draftsmen, architects and commercial builders to raise awareness of universal access;

Nominate a major project each year to the Disability Access and Inclusion Awards;

Advocate to Public Transport Victoria for better transport links that are affordable and accessible;

Investigate and if appropriate add an accessible infrastructure grant category in the City’s community grants program.


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Reduce barriers to persons with a disability obtaining and maintaining employment

Implement the recommendations of the National Disability Recruitment Coordinator;

Develop work experience opportunities for students and job seekers.

Promote inclusion and participation in the community of persons with a disability

Publicise accessibility friendly locations and close pick up/drop off points at all major City events;

All of the City’s websites aim to meet AA standards;

The City’s publications to be made available in alternate formats on request;

Undertake works to gain the Communication Access Symbol for the organisation's reception areas;

Review the City’s Style Guide;

Promote the Customer Request System and seek funding for alternate formats to lodge requests;

Investigate and purchase appropriate captioning software;

Review the Community Engagement Policy and Framework to ensure the needs of people with a disability are considered;

Look at the style and design of the City’s business cards to ensure readability;

Build on and promote the Bendigo Region App to ensure accessibility information is included;

Develop a Disability Advisory Group and review its effectiveness;

Build awareness of social procurement within the organisation and encourage tenderers to focus on supporting people with a disability.

Achieve tangible changes in attitudes and practices which discriminate against persons with a disability

City staff to complete Ethics training;

Units to undertake unit specific disability awareness training;

Staff attitude survey to be conducted to determine if a shift has occurred in staff attitudes towards access and inclusion;

Council Plan and all strategies and plans to consider accessibility and inclusion in their development;

Report on the implementation of the CAIP. Priority/Importance: The development of the Community Access and Inclusion Plan is of high importance as the City of Greater Bendigo is required under legislation to have a Disability Action Plan. Options/Alternatives: None considered as the City of Greater Bendigo has a legislative requirement to develop a Disability Action Plan which the Community Access and Inclusion Plan.


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Timelines: The development of the Plan began in July 2014. After extensive consultation a draft Plan has been developed and will be available for community comment for a period of four weeks. Following consideration of the feedback received, the final Plan will be prepared for Council endorsement. Risk Analysis: Legislation requires the City of Greater Bendigo to have a Disability Access Plan and report on its implementation in its Annual Report.


A range of community consultation was undertaken with key internal and external stakeholders and community members to ensure the issues and barriers were identified that discriminate against people with a disability. This included community workshops, a listening post and survey. The governance of the project included an internal steering group. The steering group has representatives from units of the City that have a key role in reducing barriers for people with a disability. The main role of this group is to provide internal direction and feedback throughout the development of the project and support the Project Manager. Internal Consultation:

Project Steering Group which included representatives from Communications, People and Performance, Community Partnerships (Community Development, Inclusive Communities and Youth), Events, Building and Property, Active and Healthy Communities, Engineering and Public Space and Community Services.

Internal workshop held in July 2014 with City staff.

Meetings with responsible managers who have actions in the draft Plan. External Consultation:

A listening post was held at the Bendigo Library.

Six workshops were held at various locations throughout municipality (Bendigo, Huntly, Kangaroo Flat, California Gully, Kennington and Heathcote).

Attended Interchange Loddon Mallee staff meeting.

A word and picture survey was available which had 12 responses.

Contact with various service providers through workshops and in the development of a background report.

Attended two Disability Education sessions that were held with second year medical students and fourth year pharmacy students.

Media release.

Facebook and Twitter posts on City of Greater Bendigo and Yo Bendigo accounts.

Details put on the Inclusive Communities Network.

Details of workshops featured in Disability Advocacy Resource Unit Newsletter.

123 signatures obtained from 2013 International Day of People with Disability that support to ‘break barriers, open doors: for an inclusive society for all’.


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Out of the 128 people who attended the workshops and listening post, 29% of people either had a disability themselves or worked in the disability support sector, and a further 24% of people who attended were either concerned community members or know someone living with a disability. The remaining 47% were made up of City staff who have a direct link to improving the physical and social environment for people living with a disability. Further consultation will occur when the draft Plan is available for community comment. Two listening posts will be scheduled to allow people to drop in and look at the Plan, ask questions and leave their comments. A series of Facebook and Twitter posts will also occur during the four week consultation period which will allow people to comment on a series of questions relating to the draft Plan. Community members will also have the opportunity to send their comments in writing or by phone.


Some recommendations from the draft Plan will need monetary resource to be implemented, while some will only need officer time. It will be up to the responsible manager to put in budget bids for the actions they are responsible for. Budget Allocation in the Current Financial Year: $4,000

Any known or anticipated variance to budget: No

Projected costs for future financial years: Budget allocations will be sought in future financial years to implement the Plan.

Conclusion

The draft Community Access and Inclusion Plan is now presented to Council for consideration and approval for release for community comment. Any community comments received will be considered prior to presenting the final Report to Council for adoption.

Attachments

1. Draft Community Access and Inclusion Plan Cr Ruffell declared a conflict of interest (indirect interest because of conflicting duties) in the Planning for Growth Report No. 2.6 (Draft Community Access and Inclusion Plan 2015-2016) as she is an employee of Bendigo Access Employment. Cr Ruffell left the meeting.


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RECOMMENDATION

That the Greater Bendigo City Council approve the public release of the draft Community Access and Inclusion Plan for a period of four weeks for the purpose of inviting community comment on the draft Plan. RESOLUTION Moved Cr Campbell, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED Cr Ruffell returned to the meeting.

Presentation and Vibrancy - Reports Ordinary Meeting - 25 March 2015

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3. PRESENTATION AND VIBRANCY

Nil.

Productivity - Reports Ordinary Meeting - 25 March 2015

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4. PRODUCTIVITY

4.1 COMMERCIAL LAND AND ACTIVITY CENTRE STRATEGY


Author Philip DeAraugo, Activity Centres Place Manager Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

This report provides a summary of the draft Commercial Land and Activity Centre Strategy and recommends Council release the document for a period of community comment.

Policy Context


Strategy 4.1 of the Council Plan states “Greater Bendigo has a vibrant and diverse economy that grows jobs and enables good living standards”. The preparation of the Commercial Land and Activity Centre Strategy will inform decision making and investment decisions that will assist in the delivery of the Council Plan. Regional Strategic Plan Reference:

Both the Loddon Mallee South Regional Growth Plan and Plan Melbourne focus on supporting the planned growth of regional cities. The preparation of this strategy is a key component in preparing our activity centres for future growth, investment and economic and employment success.


The City’s existing Commercial Land Strategy was adopted by Council on 17 August 2004 and has guided a significant amount of investment in our activity centres including:

the expansion of the Bendigo Marketplace

the development of the Epsom Village

the redevelopment and expansion of Lansell Square

the development of Kennington Village

the completion of Aldi stores at Kangaroo Flat, Strathdale and Eaglehawk. The existing strategy is in need of review to ensure that it is consistent with the City’s updated population growth projections and policy directions, including the recently adopted Greater Bendigo Residential Strategy, Economic Development Strategy and the Connecting Greater Bendigo report (which will inform the Integrated Transport and Land Use Strategy).


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The preparation of this new draft Commercial Land and Activity Centre Strategy has been managed by the Strategy Unit of the City and overseen by a Steering Committee consisting of three Councillors, representatives from the retail sector, the development industry, Bendigo Tourism, Statutory Planning, Strategy and Economic Development. Specialist consultants SGS Economics and Planning were engaged to undertake the detailed process of developing the draft strategy. A new Commercial Land and Activity Centre Strategy will assist Council in making decisions around floor space provision and the impact of new development on existing centres. It will facilitate private sector investment into areas where the demand is strongest, at a scale that is appropriate for each centre and ensure that the established Activity Centre Hierarchy performs efficiently. It needs to be a dynamic strategy that promotes good planning while encouraging healthy competition. Furthermore, it needs to be flexible enough to respond to new technologies, ongoing changes to the retail sector and link-up investment opportunities with the business sector.

Report

The draft Commercial Land and Activity Centre Strategy has been prepared to provide policy and planning direction for the City’s activity centres over the next two decades. It has investigated both the established and emerging trends that are likely to impact on the delivery of successful activity centres into the future, and it has identified actions that will allow the City to respond to population growth, innovations in retailing and changes to the composition of the local economy. While the draft Strategy focusses on the commercial floorspace (office and retail) that will be needed in our activity centres, it has been heavily influenced by the Residential Development Strategy (where people are going to live) and the Connecting Greater Bendigo report (how people are going to get to the things they need). While there is a focus on supermarket floorspace in particular, it acknowledges that in our suburban areas the supermarket is often the ‘anchor’ business that drives visitation and opportunities for specialty store and community based development. It has evolved from something that once was purely about floorspace provision into something that considers the role and function of each of our centres to ensure that they can develop and evolve to meet our community’s broader needs. The draft Strategy is organised under the following key sections:

The state of the retail economy: which provides an overview of the retail sector, the shopping systems that are growing and the implications for Bendigo

Population, retail demand and non-retail employment growth: providing a spatial summary of the key drivers of floorspace demand

Strategic directions: the core considerations of the strategy, including guidance for the ongoing development of our centres

Activity centre hierarchy and recommendations: outlining how the research and strategic directions can be applied in each of our centres

Implementation: the actions that are needed to deliver on the hierarchy and recommendations.


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The Activity Centre Hierarchy A fundamental element of the draft Strategy is the Activity Centre Hierarchy. The hierarchy is extremely important from a planning perspective as it defines the role and function of each level of activity centre and it identifies the range of activities that need to be provided. It is important as it helps to encourage healthy competition between the centres, while also protecting the enormous amount of existing investment that has been made on each and every commercial property. Undermining the hierarchy by allowing out-of-centre developments could have serious implications for the ‘sunk capital’ (the investment already made) of existing centres, together with implications for ongoing business viability, jobs and future investment. Another advantage of having a robust activity centre hierarchy is that the community know what to expect in particular parts of the urban area, and the negative consequences of an incompatible development in a residential area for example can be avoided. The Activity Centre Hierarchy is based on the existing well established hierarchy of centres however it has been updated to factor in projected population growth and the planned expansion of a number of centres. The hierarchy is shown in the table below as well as in the map following: Hierarchy

Centre names

Role and function in hierarchy

City Centre Bendigo City Centre

This is the most important retail and commercial centre for northern and central Victoria. It is Greater Bendigo’s primary employment area, providing a full range of higher order commercial, retail, visitor, social, civic, cultural, tourist and entertainment activities. The City Centre is forecast to continue to experience significant jobs growth, particularly knowledge intensive business activities in the health sector, financial and insurance services, professional services and education and training – it truly is the heart of the city’s economic and social life.

Activity Centre Eaglehawk Epsom Heathcote Kangaroo Flat Kangaroo Flat South Strathdale Strathfieldsaye Maiden Gully (Future) Huntly (Future)

These centres provide a range of economic, social and some civic activities, together with goods and services to meet the daily and weekly needs of their suburban catchments. Some are town centres while others are larger suburban centres strategically located around the city on or adjacent to arterial roads. Some include ‘destination based retailing’ that draws people from a much larger catchment. They are connected to one another, and to the City Centre, by the urban bus system, while some also have a train station which will in future encourage regional connections.

Neighbourhood Activity Centre

California Gully Forest Edge (Future) Golden Square Ironbark Jackass Flat (Future)

These centres primarily service their surrounding neighbourhood, much of which is within walking distance. They are relatively small with a number of shops and a mix of activities that meet common day-to-day needs. Those centres that are located on arterial routes in inner suburbs allow them to capture trade from people travelling through by car.


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Hierarchy

Centre names

Role and function in hierarchy

Long Gully McIvor Road White Hills

Local Centre Flora Hill, Kennington (Condon St / Lowndes St), Spring Gully, Strathdale (Butcher St), Woodbury Court

These are the smallest of the urban activity centres and comprise of a small cluster of shops, generally food based, to service their immediate neighbourhood.

Township / Rural Centre

Axedale Elmore Goornong Marong Raywood Redesdale

Of similar scale to Neighbourhood Activity Centres, but service a larger rural community and potentially travellers passing through. They may expand or contract based on the needs of the population supporting them.

Proposed Activity Centre Hierarchy – Bendigo Urban Area


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Proposed Activity Centre Hierarchy – Municipal Area

Existing Isolated Stores In addition to the recognisable centres listed in the table above, we also have a number of small scale isolated commercial developments scattered throughout the urban area. Examples include the shops at the corner of Condon and Neale Streets, the petrol station at the corner of Carpenter and Houston Street’s and Coates Hire at the corner of High and Ash Streets. While their continued use and adaptation is supported, further expansion and encroachment into adjoining residential areas will not be supported. Existing commercially zoned undeveloped land There are a small number of existing undeveloped sites that are zoned for commercial use that have been identified for rezoning, generally to a residential zone. These include the large site at 195 McIvor Road, Strathdale and 2 Club Court, Strathfieldsaye. Both of these sites have attracted interest from the larger supermarket developers however they have never progressed for a range of reasons. Given the floorspace projections in the draft report, the demand will not be there for the commercial use of these sites and a better outcome would be realised if they were rezoned and developed for residential purposes. Supermarkets As will be explained later in this report, a large proportion of new floorspace will be dedicated to supermarket shopping. This is due to the strong correlation between population growth and supermarket floorspace (i.e. a bigger population generates the demand for more supermarket floorspace). If the floorspace isn’t or cannot be provided the same amount of money will still be spent on supermarket shopping, it will just be spent in locations that are less convenient and some existing supermarkets will trade well above average. To address the expected growth in supermarkets the draft Strategy has included a general policy direction around their location as outlined below:


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New supermarkets – While the Bendigo urban area is currently well provisioned with supermarkets, future population growth will create the demand for further supermarket floorspace. To meet these needs the expansion of existing supermarkets is encouraged, as are new supermarkets in the City Centre, in Activity Centres and in Township / Rural Centres. Small scale supermarkets are encouraged in Neighbourhood Activity Centres where there is a sufficient catchment to support them. New supermarkets will not be supported outside of designated centres, including in industrial areas. Additional Floorspace Projections The draft Strategy forecasts significant growth in demand for commercial floorspace for all centres over the longer planning horizon of through to the year 2031. However, it recommends that much more attention be given to the floorspace projections for the shorter time period of 2015 through until 2021. A summary of the projected additional floorspace needed for the larger activity centres is provided in the table below. To assist in providing some perspective as to what the floorspace equates to, a typical Aldi store is approximately 1,500sqm in size; a large full line supermarket is around 3,200 - 3,800sqm (the new Coles Lansell Square is 3,800sqm); and a small retail shop is around 80-100sqm. Centre name

Additional floorspace projected

Insights and directions

Bendigo City Centre

By 2021 + 24,000sqm office + 36,400sqm specialty retail and hospitality + 1,600sqm department store

There is a need to shift emphasis from selling products to a more service oriented model. Entertainment and leisure attractions together with more interactive display stores should all be encouraged. Consumer focused businesses need to shift to omni-channel marketing (a mix of online and physical stores) and distribution as a means of embracing online retail. Significant office development will be required to accommodate growth in the health, education and professional service sectors.

Between 2021 and 2031 + 20,400sqm office + 60,400sqm specialty retail + 8,900sqm department store + 2,900sqm supermarket

Significant growth in all types of retailing is expected given the long term population and employment growth that is expected to occur both in the City Centre as well as the region (which the City Centre serves). This quantum of floorspace growth will help to ensure that the City Centre remains the preeminent centre in the region. However, the quality of the retail anchors and the ongoing evolution of non-retail employment will be critical.

Eaglehawk By 2021 + 3,100sqm specialty retail + 800sqm supermarket + 300sqm office

An expansion to the supermarket is essential, while new specialty shops may be difficult to establish.


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Centre name



Between 2021 and 2031

+ 5,000sqm specialty retail + 2,400sqm supermarket + 400sqm office

Further expansion of the supermarket should be advocated for if there is sufficient opportunity.

Epsom By 2021 + 2,100sqm specialty retail + 1,600sqm supermarket + 300sqm hospitality

The centre is beginning to develop well and there is plenty of scope to expand as the catchment population grows. Supermarket growth is likely to be taken-up by a new Aldi.

Between 2021 and 2031 + 3,200sqm specialty retail + 1,700sqm supermarket + 600sqm hospitality

Continued growth in line with catchment population growth.

Golden Square By 2021 + 400sqm specialty shops

Encourage new specialty stores to be developed on the front of the Woolworths site if possible.

Between 2021 and 2031 + 1,700 supermarket + 1,000sqm specialty shops

Increased supermarket floorspace possible by 2031 to mainly serve the infill housing demand. The demographic should also support a variety of specialty shops.

Kangaroo Flat By 2021 + 2,500sqm specialty retail + 600sqm hospitality

Expand specialty shops and the hospitality offer so that these become key points of difference from Kangaroo Flat South (Lansell Square).

Between 2021 and 2031 + 4,000 specialty retail + 1,500sqm supermarket + 1,200sqm hospitality + 300sqm office

Continue development of the centre as above, with additional supermarket floorspace.

Kangaroo Flat South

By 2021 + 7,100sqm specialty retail + 1,600sqm department store

There are plenty of retail anchors in this centre, but few specialty shops and synergies with broader community needs. Prioritise specialty shop establishment. No need for further supermarket floorspace.

Between 2021 and 2031 +8,600sqm specialty retail +4,300sqm department store

The centre is well placed to expand significantly and capitalise on its ability to draw trade from a wider catchment. The core of this centre is a suburban shopping mall which does not directly compete with


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Centre name



+4,000sqm supermarket + 200sqm office

other main street centres.

Strathdale By 2021 + 1,800sqm specialty retail + 300sqm hospitality

This centre is trading strongly and additional specialty shops are likely to trade well if they are properly targeted to the demographic of the area.

Between 2021 and 2031 + 4,100sqm supermarket + 2,000sqm specialty retail + 600sqm hospitality + 300sqm office

Significant retail demand will still be drawn from the Strathfieldsaye and Junortoun catchments (as they pass through the area on their way to and from the Bendigo City Centre).

Strathfieldsaye By 2021 +2,000sqm specialty retail + 700sqm supermarket

Improvements to the supermarket anchor may help redirect some demand from Strathdale. There is underlying demand for specialty shops.

Between 2021 and 2031 + 3,100sqm specialty retail + 1,800sqm supermarket

Higher levels of demand should be utilised to add more shops to the centre, however the attractiveness of the shops and their offer will be critical in preventing excess expenditure leakage to Strathdale.

Maiden Gully By 2021 the centre could support approximately 2,400sqm of retail floorspace (2,000sqm supermarket and 400sqm specialty retail)

Establish a medium sized supermarket early in the activity centres development phase. Other types of floorspace will take longer to evolve.

By 2031 the centre could grow to approximately 3,700sqm (3,100sqm supermarket and 600sqm specialty retail)

A full line supermarket will be viable by 2031, along with a selection of specialty shops.

Huntly By 2021 the centre could support approximately 1,700sqm of retail floorspace (1,400sqm supermarket and 300sqm specialty retail)

Additional supermarket floorspace should be encouraged to establish shopping patterns early in the centres expansion. Other types of retail floorspace will take longer to evolve.

By 2031 the centre could grow to approximately

Expansion to a medium sized supermarket.


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Centre name



2,900sqm (2,400sqm supermarket and 500sqm specialty retail)

Marong By 2021 the centre could support approximately 2,000sqm of retail floorspace (1,700sqm supermarket and 300sqm specialty retail)

Establish a small to medium sized supermarket early in the activity centres development phase close to the centre with good connections to a potential future train station site.

By 2031 the centre could grow to approximately 2,900sqm (2,400sqm supermarket and 500sqm specialty retail)

Expansion to a medium sized supermarket. (Note: the Marong population forecasts will be updated as part of the planning work expected to commence in 2016/17 – this may increase floorspace demand. It is also likely to move Marong further up the Activity Centre Hierarchy.)

Not all centres have had floorspace projections calculated. Heathcote and Elmore for example will experience incremental development as their populations increase, however there is adequate land and redevelopment opportunities within their town centres to accommodate growth through until the year 2031. Draft Strategy Actions The projected demand for future floorspace is a key component of the draft Strategy as it identifies the amount of commercial floorspace that each activity centre catchment can sustain. This is closely linked to the population projections that are included in the Greater Bendigo Residential Strategy. As mentioned earlier, if the floorspace is not physically provided, spending will still occur, however it will be less convenient for the respective catchment. As a result the flow on benefits, such as local employment and investment, will be reduced. The projected floorspace figures will be used in the ongoing planning and development of our centres. This includes the completion of a number of Urban Design Frameworks to provide guidance for the type of development that we want to promote, rather than relying on the generic sections of the Greater Bendigo Planning Scheme that tells landowners what we don’t want. Some centres already have similar controls, such as the Bendigo City Centre with its Design and Development Overlay (DDO5 in the planning scheme). Others have broader guidance with strategies such as the Eaglehawk Structure Plan or Maiden Gully Precinct Structure Plan, but would benefit from more specific guidelines relating to the commercial centre. This work is already included in the Strategy Unit's adopted workplan.


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Another action that is required to facilitate investment and job creation in our activity centres relates to the creation of a simple entry point into the City of Greater Bendigo’s activity centres through an online portal. The primary purpose is to connect businesses and potential investors with the development sector and the opportunities that have been identified. It will be a type of Investment Prospectus for each centre that can be used by landowners, existing businesses, the relevant business network and the City in a way that facilitates a more streamlined way of attracting investment and a smoother approvals process. A similar action, or expansion on the above, relates to supporting small business with a platform to market and sell online. The details of how this would be done are still to be worked through, but there has been strong interest from small independent business to be part of a collective online presence rather than trying to do it all on their own. This issue was also raised in the Economic Development Strategy and the implementation of the action is likely to be through the City’s Economic Development team. A range of other actions are included at the end of the draft strategy. Priority/Importance: An up to date Commercial Land and Activity Centre Strategy is critical to making informed decisions around new commercial investment within Greater Bendigo. It is also important that the new strategy has a high level of support from the community and those that are likely to be making the investment decisions that will lead to employment growth across the municipality. It is therefore considered a high priority that the draft strategy be released for a period of community comment prior to submissions being considered and a final strategy adopted. It is also important to have an up to date strategy in place as it can reduce the time and effort needed to get a good outcome for the community, from both the City and the proponents. An example of where it would have been useful to have a current strategy in place can be seen with the Kennington Village development. Significant resources were spent on getting the outcome that we now see on the ground due to a lack of relevant strategic planning for the centre. Options/Alternatives: The Council has the option of releasing the draft strategy for community comment, requiring further changes prior to releasing for community comment, or not releasing the document as a draft for community comment. Timelines: The report recommends that the draft Commercial Land and Activity Centre Strategy be released for a period of six weeks (25 March – 6 May) to allow the community, traders groups and investors’ time to consider its implications and make a submission. It is estimated that a final Steering Committee meeting will take place in mid-May to consider any submissions and recommend changes to the draft document. The finalised document will then be presented to Council for adoption.


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Progress: SGS Economics and Planning were appointed on 10 September 2014 following a procurement process where quotes were sought from a number of consultants. A Steering Committee was also formed and has met on three occasions - 14 October 2014, 5 December 2014 and 29 January 2015. An Issues and Opportunities paper was presented at the 5 December 2014 meeting and the draft strategy at the 29 January 2015 meeting. Risk Analysis: There are very few risks associated with the completion of the project. SGS Economics and Planning are leaders in the field of urban economics, which reduces the risk that the project will not deliver on the objectives of the project specification. Key stakeholders have contributed to the development of the draft strategy, and the broader community will have an opportunity to review the findings and recommendations which further reduces the risk that the project does not meet the needs or expectations of the development sector or the community. Finally, being a piece of strategic work, there are future opportunities for Council and the community to review it prior to Council resolving to adopt it and recommend that it become part of the Greater Bendigo Planning Scheme. The greater risk to Greater Bendigo comes in not completing the project and the development sector and community not having the guidance on where investment needs to be directed in the future. In this instance it is likely that greater costs would be incurred in the planning and review phases of new developments as the planning system does not provide enough information as to the scale, mix and composition of our centres. In a worst case scenario it could lead to an oversized development being approved and developed in an area that compromises the Activity Centre Hierarchy and the investment in existing businesses and jobs, beyond what could be considered healthy competition.


Internal Consultation: To date, internal consultation has been limited to the Steering Committee as the project is largely based on a technical analysis of population growth to generate floorspace demand projections. The project also draws on the adopted Residential Development Strategy, Economic Development Strategy and Connecting Greater Bendigo report; all of which have had significant internal consultation. External Consultation: To ensure that the project meets the needs of the various, and often competing interest of different stakeholders, the Steering Committee included representatives from the Bendigo Traders Association and the Urban Development Institute of Australia. The development of the draft strategy has also been informed by consultation with a number of commercial developers, businesses, real estate agents, tourism agencies and business development specialists.


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The draft strategy is also based on information that has been gathered through regular meetings and discussions with groups such as the Bendigo Traders’ Association. For example, traders’ have expressed their concern with ‘out of centre’ and suburban developments as they compete directly with the city centre. Traders’ are also concerned with long term vacant properties and the negative perception that they portray of the city centre. The draft strategy seeks to balance these issues and accommodate future growth and access to the goods and services that the community will need, while also recognising and promoting the Bendigo City Centre as our primary activity centre where the majority of growth needs to be directed. The draft strategy now needs to be released to the broader community to test its assumptions and recommendations.


Following the procurement process, SGS Economics and Planning were appointed to complete the project for a fixed fee of $49,213 (+ GST). Additional costs will be incurred in undertaking community comment and in advancing an amendment to the planning scheme. An allocation of $60,000 is included in the Strategy Unit’s 2014/15 budget for this project.

Conclusion

The draft Commercial Land and Activity Centre Strategy outlines how we can guide future growth and investment in our activity centres and lay the foundations for their economic and employment success. The ensure that the Strategy meets the needs of the community it is recommended that it be released for a period of six weeks to enable the broader community to comment on its assumptions and recommendations.

Attachments

Draft Commercial Land and Activity Centre Strategy

RECOMMENDATION

That Greater Bendigo City Council resolve to release the draft Commercial Land and Activity Centre Strategy for a period of six weeks, until 6 May 2015, to allow the community to comment. RESOLUTION Moved Cr Fyffe, Seconded Cr Chapman. That the recommendation be adopted.

CARRIED

Sustainability - Reports Ordinary Meeting - 25 March 2015

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5. SUSTAINABILITY

5.1 APPOINTMENT OF MEMBERS TO THE SUSTAINABILITY AND ENVIRONMENT ADVISORY COMMITTEE


Author Anthony Sheean, Senior Environment Officer

Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

This report recommends the appointment of members to the newly formed Sustainability and Environment Advisory Committee.

Policy Context


City of Greater Bendigo Council Plan 2013-2017 (2014-2015 update):


Strategy 1.3

Theme: 5

Strategy 5.2

Community members take an active part in democratic engagement. Sustainability

Greater Bendigo’s natural heritage is restored and protected for the future.


Council considered a report at the 21 January 2015 ordinary meeting which recommended:

Amalgamation of the Natural Environment Advisory Committee (NEAC) and the Environmental Taskforce to form a new Sustainability and Environment Advisory Committee (SEAC).

Adoption of Terms of Reference for SEAC.

Acknowledgement of outgoing NEAC members.

Commencement of a recruitment process to fill community and agency positions on SEAC.

These recommendations have now been concluded.


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Membership of the Committee consists of:

Three Councillors – Annual Appointments (Chairperson).

One CoGB Director.

A representative from the Department of Environment, Land, Water and Planning.

A representative from the North Central Catchment Management Authority.

Up to 6 Community Representatives:

o Bendigo Sustainability Group (allocated)

o Bendigo Field Naturalists Club (allocated)

o 4 x Community self-nomination

Manager of Sustainable Environment Unit.

A representative from a tertiary education institution.

An environmental sustainability industry representative.

Support officers as required.

Report

A recruitment process was conducted during February/March 2015 for four self-nominated community positions and to fill all other allocated positions. There was strong interest in the community positions with twelve expressions of interest received for the four self-nominated positions. Nominations were also received for several of the allocated positions. The Department of Environment, Land, Water and Planning, Education sector, and Bendigo Field Naturalists Club representatives are still to be confirmed. Given these are allocated positions, it is not considered imperative that an individual be identified at this stage however, discussions are taking place with these organisations to identify suitable representation before the first Committee meeting. The expression of interest process undertaken to fill the community positions and the industry position was consistent with the requirements of the Committee’s Terms of Reference. Given the high level of community interest and calibre of the applicants, the selection panel have recommended that a fifth self-nominated community member be appointed. The following people are recommended for appointment to the Committee: Self-nominated community representatives

Jeff Cummins

Lucas Hodgens

Paul Dullard

Colin Smith

Kathryn Stanislawski


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Representatives from two allocated community organisations:

Chris Weir – representing the Bendigo Sustainability Group.

Bendigo Field Naturalists Club – representative to be confirmed. Industry representative:

Pam Beattie – Industry representative It is recommended that the above community and industry representatives be appointed to SEAC for a three year term. The remaining allocated agency positions are:

James Shaddick – representing the North Central Catchment Management Authority.

Department of Environment, Land, Water and Planning representative (to be confirmed).

Education sector representative (to be confirmed).


Print, television, radio and social media were all used to promote and communicate the recruitment process. In the case of targeted membership, organisations were invited to nominate a suitable representative. Community membership recruitment was conducted via an expression of interest process.


The Sustainability and Environment Advisory Committee is supported by the Sustainable Environment Unit. There is a small budget to cover committee running costs. There is no resource implication associated with this report.

Conclusion

A successful recruitment process for membership on SEAC has been completed. Twelve high calibre expressions of interest were received for the four community positions and representatives for several allocated positions have also been identified. Memberships for three allocated positions are to be confirmed but it is not considered imperative that the individuals be identified at this stage. Given the high level of community interest and calibre of the applicants, the assessment panel has recommended a fifth self-nominated community position be appointed


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Attachments

Nil.

RECOMMENDATION

That Council appoint the community applicants and agency representatives as listed in this report to the Sustainability and Environment Advisory Committee for a 3 year term. RESOLUTION Moved Cr Fyffe, Seconded Cr Campbell. That the recommendation be adopted.

CARRIED

Leadership and Good Governance - Reports Ordinary Meeting - 25 March 2015

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6. LEADERSHIP AND GOOD GOVERNANCE

6.1 APPOINTMENT TO BENDIGO ART GALLERY BOARD


Author Peter Davies, Manager Executive Services Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

The purpose of this report is to endorse Cr Mark Weragoda as the Council representative on the Bendigo Art Gallery Board.

Policy Context

Council demonstrates leadership in its decisions and uses good governance principles to guide decision-making.


At the Council Meeting held on November 11, 2014 Council appointed Cr Fyffe and Cr Weragoda as its representatives on the Art Gallery Board. The Art Gallery Board only allows for one Councillor representative. On December 15, 2014 Cr Fyffe was elected to the Art Gallery Board in his own right. Previous Council Decision(s) Date(s): 11 November 2014.

Report

In order to facilitate the Bendigo Art Gallery Board's Constitution that allows for one (1) Council representative on the Board, it is recommended that Cr Mark Weragoda be endorsed as the Council representative on the Board and acknowledge Cr Fyffe’s election in his own right and revoke Cr Fyffe’s appointment as a Council representative.


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RECOMMENDATION

That Council endorse the appointment of Cr Mark Weragoda as the Council representative on the Bendigo Art Gallery Board and acknowledge Cr Rod Fyffe’s election in his own right and revoke Cr Fyffe’s appointment as a Council representative. RESOLUTION Moved Cr Lyons, Seconded Cr Williams. That the recommendation be adopted.

CARRIED


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6.2 PROGRESS REPORT IMPLEMENTATION INDEPENDENT REVIEW RESPONSE TO RECOMMENDATION 8 - CITY FUTURES


Author/Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

The purpose of this report is to advice Council of the completion of the report that responds to Recommendation 8 of the Independent Review which relates to the City Futures Directorate.

Policy Context

Council demonstrates good governance and leadership Council Plan Reference: 5.1.1 – Consider the recommendations of the Independent Review 2013 and implement the agreed actions. Independent Review: Recommendation 1 – Implementation and communication

Report

In 2013 Council commissioned an Independent Review of the City of Greater Bendigo to see what improvements could be made to its operations. In June 2013 the Independent Review delivered its Final Report including 69 recommendations for Council to consider. The scope of the review was to include Greater Bendigo’s economic development and COGB’s role associated with it. Recommendation 8 was for Council to:- “Investigate the option to separate the Economic Development Unit, Tourism, the Bendigo Art Gallery, The Capital and Major Events from City Futures into a separate entity. “This investigation must include an implementation plan which would provide strategies and direction for the entity and underlying Business Units to aspire to become a self-funding operation within five years of separation. It must also include a plan to incorporate Major Projects into another Directorate of CoGB.” The Independent Review anticipated the following outcomes from separation: • Increased and sustained economic development in the region.


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• Increased transparency and reporting on the income and expenditure of these units. The Review listed increased and sustained economic development and increased financial transparency as key outcomes from separation. It cited the following benefits from separation - financial accountability, improved financial performance and self-sufficiency, reporting and risk management; the ability to form business partnerships, attract key personnel and adopt a more entrepreneurial approach; greater efficiency, additional funding opportunities, and greater capacity to focus on economic initiatives for Bendigo. It further suggested separation may allay the concerns of some members of the public who questioned the level of spending on the arts and associated major projects, tourism and economic development. The Review listed Councils in Australia and overseas which have created separate entities to undertake economic development, marketing, tourism and cultural development. The Bendigo Trust is also offered as a potential governance model. Previous Consider by Councillors: As one of the more significant recommendations arising from the Independent Review, Councillors received and considered progress briefings on the implementation of Recommendation 8 in December 2013; April, November and December 2014; and February and March 2015. Report on Recommendation 8 Councillors have received a report, “Independent Review: Response to Recommendation 8: The Future of the City Futures Directorate” which provides a comprehensive analysis of the recommendation on separation, and in particular its central tenet that Council must consider a model that would aspire to making the new entity self-funding within five years. It also considers incorporation of Major Projects into another Directorate of CoGB. The Directorate, its history and its approach to economic development and jobs

growth

The report examines the history of the Directorate and finds that the idea of having external agencies responsible for growing Bendigo’s economy and the arts, cultural and tourism sectors is not new. It was tried until the mid-1990s but the entities involved struggled for resources and could not help the City realise its full potential. With local government amalgamations the opportunity was taken to incorporate these external entities into the CoGB to align their operations into one single, cohesive strategy for the region. Today the City Futures Directorate comprises seven business units – Bendigo Art Gallery, Capital Venues and Events, Economic Development, Major Events, Major Projects, Business Broking - the New Bendigo Hospital and Tourism.


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While other Directorates have a role, the City Futures Directorate is the economic development and jobs growth machinery of Council. Its task is to establish and maintain strong public and private sector relationships that will attract investment and position Greater Bendigo as Australia's most liveable regional city with prospective residents, workers, businesses, visitors and investors. It does this by linking economic development and jobs growth with major infrastructure development and creative pursuits in arts and culture. This approach is based on numerous studies confirming that a city providing quality lifestyle opportunities around culture, arts, tourism, destination marketing and positive media coverage has a profound impact on economic development and jobs growth. The pursuit of economic development is a whole-of-directorate mission. All seven business units play a part – all are interconnected – all serve this one, cohesive, aligned approach. The performance to date

Since 2006 Greater Bendigo has enjoyed sustained growth in gross regional product, comparatively good growth in the number of larger sized businesses, relatively low unemployment, strong tourist visitation numbers and increased economic yield from tourism and major events, attracted millions of dollars in positive publicity and posted record attendances for cultural venues. Bendigo has rebranded itself nationally and internationally as a cultural, arts and heritage destination.

Since 2006 spending on City Futures has typically

represented about 6-7% of the City’s annual operating

budget and about 12% of rate revenue. Over the

same period the Directorate has secured more than

$58M in major government grants and philanthropic

contributions.

By implementing a range of innovations and a stronger commercial focus, City Futures income from non-council sources reached $6.21M of a total budget of $16.44M in 2013-14. In other words the Directorate achieved a self-sufficiency level of 38% in 2013-14. The report on Recommendation 8 addresses the questions behind some submissions to the

Independent Review, specifically the economic benefit of CoGB investment in the arts, tourism and cultural pursuits. It concludes that every resident benefits from this investment – either culturally or through direct and indirect economic benefits. There are many indirect jobs created in hospitality, retail and services.


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This investment builds community identity, civic pride and plays a pivotal role in the ongoing development of Greater Bendigo. The Independent Review itself affirmed these economic benefits. The separation scenario

The proposed benefits The benefits of separation cited in the report of the Review are examined under nine headings. City Futures is shown to be performing strongly in four of these. Three other benefits are questioned and another appears to be founded on a misunderstanding of how the Directorate approaches its work. Another benefit, improved financial performance with a view to be self-funding, is shown to be unachievable, although the Directorate is achieving a notable degree of self-funding within the current structure. Alternative models The alternative economic development models offered by the Independent Review are examined. All are dependent on government funding. None offers a pathway for self-funding for Bendigo to emulate. If there was a commercial, profitable opportunity to provide these services the market would have exploited the gap already. The feasibility of a self-funding aspiration

A comprehensive review of all City Futures functions/services shows most, do not have an existing or potential income stream and therefore do not fit a self-funding model. This includes all activities of EDU, Major Events and leveraging the benefits of the New Bendigo Hospital development. For the new entity to be self-funding it could not assume these functions/services. They would need to be retained, funded and operated by CoGB or terminated. This would leave the new entity responsible for Bendigo Art Gallery, Capital Venues and Events and Tourism. As a result Greater Bendigo’s economic development and jobs growth machinery would be divided between two organisations – the COGB and the new commercial entity. The report considers the financial implications of retaining some functions whilst separating others into a new entity that must aspire to be self-funding within five years. It identifies the new or increased fees and charges and service cuts that would be necessary for financial self-sufficiency. These include:

• Bendigo Tourism Board – substantial increases in membership fees; • Bendigo Art Gallery - abolition of free admission to the permanent collection and imposition of a new charge for adults, plus new charges per student for school visits;


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• The Capital – the removal of all subsidies for hall hire for schools, community groups and not-for-profit organisations; the termination of all loss-making programs including the full theatre season, music for seniors, rural town performances. The financial modelling

Financial modelling of these arrangements, based on 2013-2014 actual budget figures, was then undertaken to test whether with these new measures the new entity could be expected to become self-funding over five years. The financial modelling shows:

• The new entity can never achieve self-funding independence as envisaged in the recommendation. • The kind of new or increased charges and fees needed to cover running costs

would be so extreme as to be impractical and undeliverable. • The new entity will always be dependent on a CoGB subsidy for operating costs

even though it will comprise only those services/functions with an identified revenue stream,

• In the best of circumstances with a more modest but still optimistic set of new or

increased fees and charges, the Council subsidy required does not fall below $4.4M to $5.1M and is rising by Year 5.

• The combined running costs of a separate entity and the functions remaining with

the City do not fall below $10.1M and rise to more than $11-$11.4M in Year 5 depending on the chosen scenario. (The net operating cost of City Futures in 2013-2014 was $10.22M).

• There is no evidence separation could deliver substantial savings to the CoGB

budget whilst maintaining the same level of service/effort.


During the Review more than 120 individuals and groups were interviewed by Aurecon and 129 written submissions were reviewed. A number of these written and oral submissions focussed on matters relating to the CoGB’s role in fostering economic development and jobs growth along with arts, tourism and cultural pursuits. The Independent Review Final Report makes reference to these submissions in framing the observations and conclusions which underpin Recommendation 8. The report makes it clear the recommendation was a direct response to this community input. As part of the consideration of the report, Councillors' requested that any sensitive comments that may impact on other organisations be amended or removed in the event that Council resolve to release the report to the community.


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Councillors' have considered the final draft of the report at the Forum held on 18 March 2015. It is recognised that there is a level of interest in the detail behind the response to Recommendation 8. It is recognised that the Council may wish to resolve to release the report in some form to the community. Resource Implications Expenditure on this report is limited to the work undertaken by Mr Graeme Stewart, business consultant and partner in AFS & Associates for $10,275.00 The ongoing resource implications for implementing the recommendation of this report to Council are already addressed in the Economic Development Strategy recently adopted by Council.

Conclusion

The report concludes the recommendation to separate parts of City Futures into a separate entity is seriously flawed and would fragment and stall Greater Bendigo’s drive for economic development and jobs drive. Further, the aspiration of self-sufficiency is unworkable. The Greater Bendigo community would be better served if the role of the Directorate is retained in its present form but ‘refreshed’ to provide, amongst other things, greater support for small business, helping significant business/industry initiatives and major developments through the regulatory, environment, and securing decentralisation of government services and employment to Bendigo, possibly in combination with a future new centralised office for CoGB

Attachments

Nil Cr Fyffe declared a conflict of interest (indirect interest because of conflicting duties) in the Leadership and Good Governance Report No. 6.2 (Progress Report Implementation Independent Review Response to Recommendation 8 - City Futures. Cr Fyffe left the meeting.


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RECOMMENDATION

That Council acknowledge the completion of the report dealing with Independent Review Recommendation 8.

MOTION

Moved Cr Leach, Seconded Cr Chapman. That Council acknowledge the completion of the report dealing with Independent Review Recommendation 8; and that the report be released for public exhibition for a six (6) week period prior to the final report being considered by Council.

CARRIED ON THE CASTING VOTE OF THE MAYOR Cr Fyffe returned to the meeting.


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6.3 LODDON MALLEE REGIONAL STRATEGIC PLAN 2015-2018


Author/Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

The Loddon Mallee Regional Development Australia Committee has presented the Loddon Mallee Regional Strategic Plan 2015-18, which has been developed in consultation with leaders from across the Loddon Mallee region and this report is to seek Council’s endorsement of the Regional Strategic Plan 2015-2018.

Policy Context

Advocacy about our priorities is effective.


A presentation was made to the Council on 25 February 2015 by: Jenny Dawson, Chair, Regional Development Australia Committee Peter Forbes, Manager, Regional Strategy - Regional Development Victoria Claire Flanagan-Smith, Senior Consultant, RM Consulting Group The Loddon Mallee Regional Strategic Plan 2015-18 has been developed by the Loddon Mallee Regional Development Australia (RDA) Committee through a consultation process that engaged over 200 leaders across the region.

This plan renews the Regional Strategic Plans produced in 2010. The new Plan is designed to complement other regional and local plans, including the Regional Growth Plans, Council Plans, Regional Change Strategies and plans belonging to other regional stakeholders.

The Loddon Mallee Regional Strategic Plan 2015-18 identifies the opportunities and needs of the Loddon Mallee Region, and provides a single message about the actions required to positively transform our Region. The Plan is identifies four Strategic Directions, which are:

Foster our comparative advantages in agriculture, food processing and other

regionally significant industries

Build the connecting Infrastructure for our diverse economy

Enhance the well-being and economic participation of our people

Protect and enhance the liveability and appeal of our Region


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Over the last five years, the Loddon Mallee Region has successfully used the previous Regional Strategic Plans to influence state, federal and private investment in a range of projects that have helped shape our Region. Seventy five percent of the initiatives within these plans were actioned.

Implementation of the Regional Strategic Plan will be through Action Plans aligned with each of the four Strategic Directions within the Plan. These Actions Plans will be prepared with our partner organisations, and will detail those things that can be done over the short term to progress the priorities identified in the Regional Strategic Plan. Report The Loddon Mallee Regional Strategic Plan needs the clear support of all ten Local Government Councils if it is to carry weight with stakeholders and prospective investors.

It is important to note that this Plan is not intended to focus on local outcomes, but those things that are best resolved through a regional and cooperative approach.

In the course of developing this plan, the consultants engaged with over 200 leaders from the ten local government areas in the Loddon Mallee. Consultation included an initial forum in Bendigo followed by regional workshops in Bendigo, Mildura, Swan Hill, Wycheproof, Kyneton and Echuca. Consultation has been made with councillors and council executive as well as leaders from state government, local business, community, not-for-profit organisations, and the service sector. These people gave detailed feedback that has influenced the aspirations and strategic directions of the Plan.

Attachments

1. Loddon Mallee Regional Strategic Plan 2015-2018

RECOMMENDATION

That Council: (i) acknowledge the report and endorse the Loddon Mallee Regional Strategic Plan

2015-2018 as representing the actions required to positively transform the region; (ii) acknowledge the City of Greater Bendigo's ongoing participation in the

implementation and application of the Plan. RESOLUTION Moved Cr Williams, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED


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6.4 AUTHORITY TO UNDERTAKE A GENERAL VALUATION OF RATEABLE LAND 2016


Author Neal Wrigley, Manager Rating & Valuation Services Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

The purpose of this report is for Council to resolve to undertake a general valuation of land in accordance with the requirements of the Valuation of Land Act.

Policy Context




Strategic Objective: 1.1 Council demonstrates leadership in its decisions and uses good governance principles to guide decision-making.

Report

Every two years the City of Greater Bendigo as the Valuation Authority is required to undertake a revaluation of land, for rating purposes. Section 11 of the Valuation of Land Act 1960 requires a valuation authority, for the purposes of the Local Government Act 1989, to undertake a general valuation of rateable land within its municipal district, as at 1 January in every even calendar year. Once the Council has resolved to undertake a revaluation, it must formally advise other relevant rating authorities and the Valuer General under Section 6 (1) of the Valuation of Land Act

The 2016 Valuation will be undertaken by Council’s valuation team with support from contract valuers to provide the commercial and industrial valuations. The contractor will prepare the valuations under supervision from the City of Greater Bendigo’s Senior Valuer.


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To ensure the valuation is impartial and true, the valuers undertaking the valuation are required to sign a statutory declaration, as required by Section 13DH of the Valuation of Land Act: declaring that the valuation and return will be impartial and true to the best of that person's judgment and will be undertaken by that person or under that person's immediate personal supervision. This report is prepared for Council to enable compliance with legislation as outlined.

Conclusion

To commence the municipal valuation for 2016, Council is required to formally authorise the undertaking of the valuation for rating purposes.

RECOMMENDATION

That the Greater Bendigo City Council:

1. Cause a general valuation to be made of all rateable land in the City of Greater Bendigo as at the prescribed date of 1 January 2016.

2. Require the valuation be returned no later than 31 March 2016. 3. Authorise the Chief Executive Officer to notify the Valuer General and other

interested rating authorities 4. Note that the Declarations of Impartially and Trueness have been made by James

Collins, David Cheal and Paula a'Beckett. RESOLUTION Moved Cr Campbell, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED


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6.5 RECORD OF ASSEMBLIES


Author Peter Davies, Manager Executive Services Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

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

Policy Context

Strong leadership to meet future needs and challenges; effective community engagement.


The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed. A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. 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


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Report

Meeting Information

Meeting Name/Type

Finance Committee Meeting

Meeting Date 18 February 2015

Matters discussed 1. Minutes and Actions from previous Finance Committee Meeting 2. Financial Management Report 3. Annual Budget compared to 31 December forecast 4. Capital Works 5. Rate capping 6. Defined Benefits Superannuation Fund 7. Impacts of the Federal Budget 8. Mid-year Budget Requests

Attendees/Apologies

Councillors Cr Peter Cox Cr Rod Campbell Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams

Staff/ Community Representatives

Mr Craig Niemann Ms Marg Allan Ms Prue Mansfield Ms Pauline Gordon Mr Darren Fuzzard Mr Stan Liacos Mr Peter Davies Mr Travis Harling Mrs Alison Campbell

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' Forum


Matters discussed 1. Chinese Archway 2. Impact on trees by bats and elm beetles 3. Bendigo Mining Exchange 4. Stressed trees 5. Ewing Park 6. National Roads Conference 7. Local Government Guide 8. Traffic management for ANZAC Day 9. Markings on the road in View Street 10. White Hills landfill lease 11. Youth workers 12. Wind farms 13. Central Victorian Innovation Park 14. HACC update 15. Presentation on Bendigo Stadium proposal 16. Report on Visit to Haimen City (China) 17. Dower Park Master Plan 18. Active Living Census 19. General Business 20. Regional Cities Victoria

Attendees/Apologies



Mr Craig Niemann Ms Marg Allan Mr Stan Liacos Ms Prue Mansfield Ms Pauline Gordon Mr Darren Fuzzard Mr Peter Davies Mrs Alison Campbell


Matter No.


Nil


PAGE 148

Meeting Information

Meeting Name/Type

Audit Committee Meeting


Matters discussed 1. Audit Committee performance review 2. IT Business Continuity report 3. Review of Insurance Liability and Professional Indemnity Policies 4. LGPRF framework 5. VAGO report - Managing Landfills 6. Risk update 7. Prioritisation of Civil Infrastructure Projects audit report 8. Management and Review of Completed Projects audit report 9. Previous Internal Audit Recommendations - progress 10. VAGO Draft Audit Strategy

Attendees/Apologies

Councillors Cr Rod Campbell Cr Barry Lyons


Ms Marg Allan, Director Organisation Support Mr Travis Harling, Manager Finance Mr Richard Morrison, Manager Contract & Project Coordination

Mr Brett Martini, Manager Engineering & Public Space Ms Nicole Ashby, Senior Financial Accountant Ms Toni Lyon, EA Organisation Support Ms Kate Scarce - Community Representative (Chair) Mr Graham Bastian - Community Representative Mr Ken Belfrage - Community Representative Mr Mark Holloway - HLB Mann Judd (Internal Auditor) Mr Phil Delahunty – RSD Chartered Accountants (External Auditor) Mrs Alison Campbell


Matter No.


Nil


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Meeting Information

Meeting Name/Type

White Hills and East Bendigo Steering Committee


Matters discussed 1. Project team for Contract CT000175 White Hills and East Bendigo Heritage Study 2. Project plan 3. Community and stakeholder engagement 4. Steering Committee Terms of Reference

Attendees/Apologies

Councillors Cr James Williams Apologies: Cr Peter Cox Cr Lisa Ruffell


Mr Andrew Cockerall Ms Prue Mansfield Dr Dannielle Orr/ Mr Ian Travers Apologies: Ms Megan McDougall/ Mr David Bannear


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Heritage Advisory Committee


Matters discussed 1. Heritage Advisory Committee presentation to Council 2. Annual Review of Terms of Reference 3. Anzac Centenary Avenue of Honour - Kangaroo Flat 4. Planning update 5. Amendment C201 New Heritage Places and Efficiency Review 6. Demolitions 7. Strategy update: Vahland Centenary 8. White Hills and East Bendigo Heritage Study 9. Central Victorian Landscape Assessment Study - DELWP 10. Visit from Mitchell Shire Heritage Advisory Committee 11. Bendigo Historical Society 12. Monier Arch bridges 13. German heritage sites of interest 14. Anzac Centenary 2015 activities

Attendees/Apologies

Councillors Cr Peter Cox Apology: Cr Mark Weragoda


Ms Emma Bryant Dr Dannielle Orr/ Ms Helen Ashby Ms Elaine Doling Mr Peter Ellis Ms Kay MacGregor Mr Rod Spitty Mr Calum Walker Mr Darren Wright Apologies: Mr Trevor Budge Ms Megan McDougall/ Mr David Bannear Mr Laurie Brown Mr Jordan Grenfell Dr Di Smith


Matter No.


6. Ms Elaine Doling No


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Meeting Information

Meeting Name/Type

Councillors' Forum


Matters discussed 1. East Bendigo Swimming Club 2. Planning matters and draft Ordinary Agenda review 3. Home and Community Care Update - ASU 4. Regional Strategic Plan 5. Signage policy 6. Media releases 7. Advertising of planning permits 8. Kangaroo Flat Leisure Centre 9. Scots Day Out 10. Bands 11. Strathfieldsaye Community Hub 12. Bendigo Easter Festival 13. Traffic management - Lansell Plaza 14. Drainage in Edwards Road 15. Rain gardens 16. Rural Strategy 17. Mobile telephone coverage 18. Senate Inquiry into Funding of Regional Cities 19. Future management of Rosalind Park 20. Railing Ahead 21. MAV Fellowship 22. Spring Gully bus service 23. Letter to moteliers 24. Conduct of Forums 25. Discussion on HACC services 26. Bendigo Trust 27. Crown Land Committee of Management insurances 28. Future Capex Plan 29. Organics and Waste Workshop

Attendees/Apologies



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Mr Craig Niemann Ms Marg Allan Mr Stan Liacos Ms Prue Mansfield Ms Pauline Gordon Mr Darren Fuzzard Mr Peter Davies Mrs Alison Campbell


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Meeting with Urban Development Industry of Australia (UDIA)


Matters discussed 1. Development proposals

Attendees/Apologies

Councillors Cr Peter Cox Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams


Mr Andrew Cockerall Ms Prue Mansfield/ UDIA: Mr Damien Tangey Mr Brett Bahen Ms Andrea Tomkinson Mr Julian Perez


Matter No.


Nil

RECOMMENDATION

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

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

CARRIED


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6.6 CONTRACTS AWARDED UNDER DELEGATION


Author Leeanne Taig, Contract Support Administrator, Contract & Project Coordination Unit

Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

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

Policy Context

Delivery of programs, projects and services that respond to community needs.

Report

RECOMMENDATION

That the contracts awarded under delegation, as outlined in this report, be acknowledged by Council. RESOLUTION Moved Cr Campbell, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

Contract No

Project Successful Contractor Value

(GST Excl) Delegated

Officer Date

Signed

CT000172 Supply & Installation of Sport Fields Lighting at North Bendigo Reserve

DeAraugo & Lea Electrical Contractors

465,300.00 Pauline Gordon 06/03/2015


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7. URGENT BUSINESS

Nil.

8. NOTICES OF MOTION

Nil. 9. COUNCILLORS' REPORTS

Cr Weragoda reported on his attendance at the welcome luncheon for the Collingwood Football following the NAB Challenge match at the Queen Elizabeth Oval against Carlton; attendance at the citizenship ceremony; attendance at Harmony Day celebrations; attendance at the partnership launch with Deakin University and Community Foundation for Central Victoria and attendance at Bendigo Leaders' luncheon. Cr Williams reported on a tour with the Farming Advisory Committee around the Kerang region and attendance at the Calder Highway Advisory Group meeting. Cr Chapman gave a tribute to her mentor, former Councillor and Mayor, the late Daryl McClure. Cr Campbell reported on his attendance the Municipal Emergency Planning Committee meeting; attendance at the Waste Management (Organics) Forum; attendance at budget workshops; attendance at a Drug Forum at the Bendigo Town Hall; attendance at the citizenship ceremony and chaired the ITLUS meeting. Cr Ruffell expressed appreciation to the Mayor and The Hon Jacinta Allan for opening the recently held (and very successful) Job Expo and encouraged all in attendance to the ANZAC Day Dawn Service. Cr Lyons reported on his attendance at a number of resident meetings; attendance at the citizenship ceremony; attendance at wreath-laying at the Sandakan Memorial Service; attendance at the Marong Business Park Community Information Session; attendance at the opening of the newly refurbished tennis courts at Spring Gully; attendance at the Bendigo Inventors' Awards meting; attendance at the NAB Challenge match between Collingwood and Carlton. Cr Leach reported on her attendance at the Sandakan Memorial Service; attendance at the Fire Brigade Championships; attendance at the Spanish Festival at Heathcote; attendance at the Barrack Reserve Reference Group meeting and attendance at the funeral service for Daryl McClure and conveyed a tribute Mr McClure.


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10. MAYOR'S REPORT

Attended Community Information sessions on HACC Services

Attended Job Expo meeting

Met with Minister for Local Government the Hon Natalie Hutchins

Attended budget meetings

Provided official welcome at Community Forum – Tackle the Issue Ice Alcohol

and Other Drugs

Key Speaker at St Mary’s Men’s Breakfast at Kangaroo Flat

Welcomed the VFBV State Senior Urban Championships to Bendigo

Spoke and laid wreath at Sandakan Commemorative Service and attended

luncheon

Attended Councillor Budget Workshops

Participated in the Bendigo Job Expo

Attended media opportunity for the Bendigo Mining Exchange

Attended tour of the Havilah Road Pre School

Officially opened the Spring Gully Resurfaced Tennis Courts

Met with Rate petition organisers

Provided official welcome for the Lions Club zone Final of Youth of the Year

Attended the NAB Challenge Game in Bendigo Collingwood V Carlton

Officially welcomed the International Fellowship of Cricket Loving Rotarians to

Bendigo

Officiated at Civic Reception for Collingwood, NAB Cup participants

Officially opened the 2015 Bendigo Festival of Cultures

Officiated at Australian Citizenship Ceremony welcoming 26 new residents

Met with Dr Dennis O’Connor and toured the Monash Medical School, Bendigo

Attended ITLUS Steering Committee meeting

Attended meeting with YMCA tenants on the vision for Strathdale Hall

Attended the partnership launch between Deakin University and the Community

Foundation for Central Victoria

Attended Empowering Eaglehawk meeting

Officially welcomed attendees to the Bendigo Bank Country Bowls Week

Luncheon

Met with representatives from Fairfax Media

Provided official address at the Closing the Gap event to raise awareness of

health outcomes for many Aboriginal and Torres Strait Islanders

Chaired Heritage Advisory Committee meeting

Attended meeting regarding planned Vahland celebrations

Attended meeting on Golden Square pool

Met with Bendigo Relay for Life event Committee member to discuss the 2015

Relay event

Officially opened both the Eaglehawk Rotary and the Dahlia & Arts Festival Art

Shows as part of the Eaglehawk Dahlia & Arts Festival


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Participated in the Dahlia & Arts Festival Procession

Provided official address at the Suicide Prevention Awareness Network Walk

Provided official address at the Closing Ceremony Il Rocio Spanish Festival at

Heathcote

Attended the Thanksgiving Service for former Mayor Mr Daryl McClure

Participated in promotion for City of Greater Bendigo Early Years Municipal Plan

Met with Telstra representative to discuss connectivity issues affecting Greater

Bendigo

Met with and contacted many community members regarding concerns on Council’s

provisional decision on HACC services

Participated in numerous radio, newspaper and television media interviews.

Met with many residents on request, attended onsite meetings for flooding issues

and attended planning consultations.

Thank you to those Councillors who represented the Mayor at events I could not attend.


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11. CHIEF EXECUTIVE OFFICER'S REPORT

The Chief Executive Officer, Mr Craig Niemann, tabled a report on his attendance at the following meetings and events: Attended numerous meetings and workshops relating to 2015/16 budget

Attended catch up meetings with Mal Kersting, VicRoads

Attended Business Leaders' evening - hosted by the Bendigo Bank

Attended meeting with Hon Natalie Hutchins, Minister for Local Government

Participated in Integrated Transports and Land Use Strategy meeting

Attended an inspection of the Radius office in Mitchell Street

Presented at the Bendigo Education Council briefing

Attended meetings with Fairfax representatives regarding proposed changes with

regional newspapers

Attended a meeting of the Loddon Mallee Regional Managers' Forum

Attended a meeting of the Southern Loddon Chief Executive Officers

Attended a meeting of the External Advisory Board of the Victorian Government's

Regional Economic Development and Service Delivery

Attended a board meeting of the Bendigo Trust

Attended a meeting of the City of Greater Bendigo Emergency Management Working

Group


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12. CONFIDENTIAL (SECTION 89) REPORTS

12.1 Any other matter which the Council or special committee considers would prejudice the Council or any person

RECOMMENDATION That the meeting be closed to the public to consider a report in accordance with Section 89(2)(h) of the Local Government 1989, as amended, relating to any other matter which the Council or special committee considers would prejudice the Council or any person. RESOLUTION Moved Cr Fyffe, seconded Cr Williams. That the recommendation be adopted.

CARRIED

There being no further business, the meeting closed at 9:28pm.

Confirmed: 15 April 2015 Chairman

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