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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 21 March 2018

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

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

NEXT MEETING:
Wednesday 18 April 2018
Bendigo Town Hall

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


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

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This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any
person to engage in improper or disorderly conduct at the meeting.

Council Vision

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

Council Values
Six values inform everything we as Council do in working together to be the best we can
for all of our community.

Seeking to achieve the best value for our use of the community’s public funds and
resources, by:

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

Goals

• Presentation and Managing Growth


• Wellbeing and Fairness
• Strengthening the Economy
• Environmental Sustainability
• Embracing our Culture and Heritage
• Lead and Govern for All

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ORDINARY MEETING

WEDNESDAY 21 MARCH 2018

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 3

PRAYER 3

PRESENT 3

APOLOGIES 3

SUSPENSION OF STANDING ORDERS 3

PUBLIC QUESTION TIME 3

RESUMPTION OF STANDING ORDERS 4

CR METCALF'S REPORT 4

DECLARATIONS OF CONFLICT OF INTEREST 4

CONFIRMATION OF MINUTES 5

1. PETITIONS AND JOINT LETTERS 6

1.1 JOINT LETTER: 'TRUCKS OFF SUBURBAN STREETS' 6

1.2 Response to petition requesting street lighting corner 7


Deep Lead Road and Telegraph Way Huntly Request
1740305

2. PRESENTATION AND MANAGING GROWTH 10

2.1 42-44 GALVIN STREET, BENDIGO 3550 - DEMOLITION OF 10


EXISTING BUILDINGS AND CONSTRUCTION OF A FOUR
STOREY BUILDING COMPRISING 8 DWELLINGS

2.2 LOT 2 OF PLAN OF SUBDIVISION 723636 V - EMU CREEK 35


ROAD), STRATHFIELDSAYE 3551 - APPROVAL OF A
DEVELOPMENT PLAN (SCHEDULE 26); THE STAGED
SUBDIVISION OF LAND INTO NOT MORE THAN 119
LOTS; REMOVAL OF NATIVE VEGETATION AND
REMOVAL OF EASEMENT

3. WELLBEING AND FAIRNESS 69

3.1 ENDORSEMENT OF THE DRAFT GREATER BENDIGO 69


PUBLIC SPACE PLAN FOR PUBLIC DISPLAY

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3.2 COMMUNITY ACCESS AND INCLUSION PLAN 2015-2018 77
PROGRESS REPORT

3.3 COMMUNITY GRANTING POLICY REVIEW 89

4. STRENGTHENING THE ECONOMY 95

5. ENVIRONMENTAL SUSTAINABILITY 95

6. EMBRACING OUR CULURE AND HERITAGE 95

7. LEAD AND GOVERN FOR ALL 95

7.1 2018_03_08_Council Report - Submission on Draft Local 95


Government Bill

7.2 Councillor Briefing Finance Committee Report as at 31 108


Dec 17

7.3 RECORD OF ASSEMBLIES 116

8. URGENT BUSINESS 126

9. NOTICES OF MOTION 126

10. COUNCILLORS' REPORTS 126

11. MAYOR'S REPORT 126

12. CHIEF EXECUTIVE OFFICER'S REPORT 126

13. CONFIDENTIAL (SECTION 89) REPORTS 126

13.1 Confidential Report in accordance with Section 89(2)(d) of 126


the Local Government Act relating to a contractual
matter

APPENDIX / ATTACHMENTS 127

____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER

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Ordinary Meeting - 21 March 2018

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow a presentation to Mr George Ellis in


recognition of his volunteer service to the CFA and the conduct of Public Question Time.

PUBLIC QUESTION TIME

Public Question Time – Purpose


Council has provided the opportunity for members of the public to ask questions of broad
interest to Council and the community. Matters relating to routine Council works should
be taken up with Council’s Customer Service Officers through its Customer Request
System.

By the time planning matters have reached the council agenda, they have been through
an extensive process as required by the Planning and Environment Act. In addition, in
most instances mediation has been held between the parties involved. Throughout the
process there are many opportunities for the people to ask questions. Therefore, no
questions relating to planning matters on the Agenda will be accepted.

Public Question Time – Where, When And Who


The public question time is held at every Ordinary Meeting of Greater Bendigo City
Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo
Town Hall, Hargreaves Street, Bendigo.

The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered and unregistered
questions.

Residents are encouraged to lodge questions in advance so that a more complete


response can be provided.

Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.

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Ordinary Meeting - 21 March 2018

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

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

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

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

4. The Mayor and or CEO have the right to decline registration on basis of:
• Legal proceedings;
• More appropriately addressed by other means;
• Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
• Answer likely to compromise his / her position;
• Confidential, commercial-in-confidence.

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

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

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR METCALF'S REPORT

DECLARATIONS OF CONFLICT OF INTEREST

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

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Ordinary Meeting - 21 March 2018

(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.

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 21 February 2018.

The following items were considered at the Ordinary Council meeting held on
Wednesday 21 February 2018 at 6:00pm.

• Petition from the Maiden Gully Community re Footpath


• Planning Scheme Amendment C238 - Environmentally Sustainable Development
(ESD) Local Planning Policy - Consider Authorisation Request
• Planning Scheme Amendment C234 - 40 Harley Street, Strathdale (Nanga Gnulle)
for Consideration of Submissions and Refer to Panel
• 6 Eddington Street, Axedale - Use of the Land for a Restricted Recreation Facility
(Gym), Construction of a Car Park and Display of Advertising Signage
• 7 Francliff Avenue, Spring Gully - Subdivide Land into 28 Lots and Removal of
Vegetation
• Visit to Dunedin City Council, New Zealand (February 2018)
• Endorsement of the Draft Greater Bendigo Public Space Plan for Public Display
• Golden Square Swimming Pool
• Strategic Report on Greater Bendigo's Historical Artefacts
• Update on Daryl McClure Memorial
• Administration Local Law No. 10
• Record of Assemblies
• Contracts Awarded Under Delegation
• Section 89 Confidential Report Relating to a Contractual and Legal Matter

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 21 February
2018, as circulated, be taken as read and confirmed.

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1. PETITIONS AND JOINT LETTERS

1.1 JOINT LETTER: 'TRUCKS OFF SUBURBAN STREETS'

[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)].

The following joint letter has been received from residents in the vicinity of Pyke and
Olinda Streets, Bendigo, as outlined below:

"As residents of Quarry Hill we are very concerned by the growing number of trucks
driving on suburban streets in our beautiful neighbourhood.

These trucks provide a menace from intense noise pollution, diesel particulate
pollution and pedestrian safety.

We demand the City of Greater Bendigo and VicRoads address this growing
menace by routing trucks away from suburban streets".

Names - 29

RECOMMENDATION

That the joint letter be received and a response be prepared within three (3) meetings.

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

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1.2 Response to petition requesting street lighting corner Deep Lead


Road and Telegraph Way Huntly Request 1740305

Document Information

Author Andrew Smith, Transportation Engineer

Responsible Debbie Wood, Director Presentation and Assets


Director

Purpose

This report responds to the petition presented to Council on 24 January 2018 from
residents requesting Council install a street light at the corner of Deep Lead Road and
Telegraph Way Huntly.

Summary

A petition was received from residents in the vicinity of Deep Lead Road and Telegraph
Way, Huntly.

The petition requests that a street light be installed on the intersection of Deep Lead
Road and Telegraph Way, Huntly.

Streetlighting is provided for light so that pedestrians can see obstructions. The lighting
provided by these public lights is not intended for vehicular traffic or to provide security
lighting on residential properties.

The cost to install a light at this location is high due to distance to run underground power
and the requirement to install a new light pole.

RECOMMENDATION

That Council:

Having considered the limited budget for street-lighting, relative high cost and limited
benefits

1. Not install a streetlight at this location.

2. Notify the petitioners of the action.

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Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:


Goal 2: Wellbeing and fairness
Objective 2.5: Create safe and resilient communities – Continue street lighting upgrades
and new installations in parks and streets.

Background Information

At the meeting on the 24 January 2018 a petition was received from residents in the
vicinity of Deep Lead Road and Telegraph Way, Huntly, as outlined below:

"We the undersigned request that Greater Bendigo City Council install a street light at the
corner of Deep Lead Road and Telegraph Way Huntly".

Signatures – 21

Previous Council Decision(s) Date(s):


That the petition be received and a response be prepared within two (2) meetings.

Report

In addition to the petition the petition instigator contacted customer service and a
customer request was generated. Information received at that time suggested the
request for lighting was in response to several break in’s in that area. At the most recent
incident on December 7, 2017, a vehicle was stolen from a property at 735 Midland Hwy.
It is noted that a public light is located at the front of that address.

The new LED street lights are designed to have minimal light spill onto properties. They
do not provide security lighting on residential properties. They provide enough lights for
pedestrians to see obstructions. The lighting provided by these public lights is not
intended for vehicular traffic.

Deep Lead Road is sparsely development but has potential to be developed along its
length, except for a small piece of crown land. An isolated light at this intersection will
provide minimal benefits for pedestrians. The number of pedestrians using this road at
night estimated to be minimal, as there are only five houses that front the road over a
distance of nearly 500m.

An approximate spread of light is shown in the aerial photo below.

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The blue dots are the existing street lights

The public lighting budget is generally used to fill gaps in the public lighting network in
urban areas to assist pedestrians using footpaths and naturestrips safely. To be cost
effective, 10 to 15 lights are installed on existing poles in an area, resulting in an average
cost per light of $1,370.

Powercor were requested to quote to install a light at this intersection. As there is no


nearby infrastructure, they have costed to run underground power from the closest
available location, which is a distance of 65m from the proposed new light pole. The
quote is for $12,930.

Resource Implications

If the request is approved a cost of $12,930 would be required to be funded from budget
allocation for street lighting.

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2. PRESENTATION AND MANAGING GROWTH

2.1 42-44 GALVIN STREET, BENDIGO 3550 - DEMOLITION OF


EXISTING BUILDINGS AND CONSTRUCTION OF A FOUR STOREY
BUILDING COMPRISING 8 DWELLINGS

Document Information

Author Shannon Rosewarne, Senior Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth


Director

Summary/Purpose

Application details: Demolition of existing buildings and construction of a four


storey building comprising 8 dwellings
Application No: DR/912/2016
Applicant: WRM Purchasing Pty Ltd
Land: 42-44 Galvin Street, BENDIGO 3550
Zoning: General Residential Zone
Overlays: Design and Development Overlay 5
Heritage Overlay 5
No. of objections: 6
Consultation 7 March 2017
meeting:
Key considerations: • Planning policy
• Heritage significance of the precinct
• Design and Development Overlay 5 and Bendigo CBD
Strategy
• ResCode compliance
• Neighbourhood character
• Car parking
Conclusion: The application is recommended for refusal on the basis that it
represents an unacceptable planning outcome with regard to
neighbourhood character, ResCode, Council’s Heritage Policy,
the Heritage Overlay and Design and Development Overlay.

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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 Refusal to Grant a Permit for the demolition of
existing buildings and construction of a four storey building comprising 8 dwellings at 42-
44 Galvin Street, BENDIGO 3550 on the following grounds:

1. The development will adversely impact the significance and appearance of the
heritage place, contrary to Clauses 15.03, 21.08, 22.06 and 43.01 of the Greater
Bendigo Planning Scheme.
2. The proposal does not comply with the height and setback requirements and does
not meet the objective to provide for active frontages to streets as set out in Schedule
5 of Clause 43.02 of the Greater Bendigo Planning Scheme.
3. The proposal does not comply with ResCode (Clauses 55.02-1, 55.03-2, 55.03-3,
55.03-4, 55.03-8, 55.04-1, 55.04-2, 55.04-8, 55.05-2) of the Greater Bendigo
Planning Scheme.
4. The proposal does not comply with Clause 22.11 (Central Bendigo Residential
Character Policy) and is inconsistent with the purposes of Clause 32.08 (General
Residential Zone) which calls for new development to respect neighbourhood
character.

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

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021


Goal 4: Presentation and managing growth
• Planning, developments and infrastructure that increase our liveability and pride in
where we live.
Goal 6: Embracing our culture and heritage
• Recognise and celebrate our unique history and diverse cultures.

Report

Subject Site and Surrounds

The site is located on the corner of Galvin and Williamson Streets, Bendigo. It is known
as 42-44 Galvin Street and comprises two parcels, with a total area of approximately 694
square metres. It is an irregular shaped site with a frontage of approximately 30.4 metres
to Galvin Street and 23.07 metres to Williamson Street. There is a level change of
approximately 1 metre between the site and the adjoining footpath on Williamson Street.
Williamson Street is a collector road zoned Road Zone 2 and is managed by City of
Greater Bendigo.

The site is currently occupied by a galvanised iron shed, carport and small office building
which are proposed to be demolished. Historically the site has been used for purposes
including caravan and motor vehicle sales. The site has two crossovers onto Galvin
Street.

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The site abuts the Bendigo-Melbourne railway line to the north west. The railway land is
zoned Public use Zone 4 (Transport) and beyond this there is a public car park.
Adjoining the site to the south west is a single storey brick dwelling dating to 1975. The
north-west and south-east corners of the Williamson and Galvin Streets intersection
contain single storey Victorian polychrome brick dwellings.

The individually heritage listed former East Sandhurst Congregational Church sits
diagonally opposite the subject site, with a polychrome Victorian brick house adjacent to
this at No. 47 Galvin Street. Further along the southern end of Galvin Street there is a
mix of dwelling styles and eras. Development in the surrounding residential area is
predominantly single storey.

North of the railway line, land is zoned Commercial 1 Zone and Mixed Use Zone.

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

Proposal

The proposal involves the demolition of existing buildings on the site and the construction
of a new, four storey building comprising 8 apartments.

The design of the building is contemporary and features a mansard style roof form, cork
cladding, black brick, render, breeze brick, timber battens, with aluminium framed doors
and windows.

The proposed development would have a height of 13.5 metres to natural ground (site)
level.

The ground floor would comprise a two bedroom apartment with a deck, a 14 space car
park, bin storage area, bicycle parking, staircase, lift and service area.

The first and second floors would each contain two, three bedroom apartments and one,
two bedroom apartment.

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The third floor would comprise one large apartment comprising three bedrooms and a
study. The roof top would contain a terrace area to be used in association with the
apartment on the third floor.

Vehicle access to the site will be via a single 5.8 metre wide crossover off Galvin Street
with the garage at ground level containing 14 car spaces and 11 bicycle spaces.

Figure 2: Ground floor plan

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Figure 3: First floor plan

Figure 4: Second floor plan

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Figure 5: Third floor plan

Figure 6: Rooftop plan

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Figures 7 & 8: Elevation plans

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Figure 9: Streetscape perspective viewed from eastern side of Galvin Street

Figure 10: Streetscape perspective viewed from north west on Williamson Street

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Figure 11: Streetscape perspective viewed from south east on Williamson Street

Figure 12: Streetscape perspective viewed from south west on Galvin Street

Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal:

State Planning Policy Framework


• 11 Settlement
• 11.07 Regional Victoria
• 11.14 Loddon Mallee South

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• 15.01 Urban environment


• 15.02 Sustainable development
• 16.01 Residential development

Municipal Strategic Statement


• 21.02 Key issues and influences
• 21.04 Strategic directions
• 21.05 Compact Greater Bendigo
• 21.08 Environment

Local Planning Policies


• 22.11 Central Bendigo Residential Character Policy
• 22.06 Heritage Policy

Other Provisions
• 32.08 General Residential Zone
• 43.01 Heritage Overlay
• 43.02 Design and Development Overlay
• 52.06 Car parking
• 52.34 Bicycle facilities
• 55 Two or more dwellings on a lot
• 65 Decision Guidelines

A permit is required to construct two or more dwellings on a lot under Clause 32.08-6
under the General Residential Zone.

A permit is required to demolish buildings, construct buildings and carry out works under
Clause 43.03-1 of the Heritage Overlay. A permit is also triggered for buildings and
works under Clause 43.02-2 of the Design and Development Overlay.

Consultation/Communication

Referrals

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

Referral Comment
VicTrack The proposed development is not set back from the
abutting railway land. The proposed development is not
setback from the common boundary and relies on
VicTrack land for light and air. It is recommended that
the plans be amended to allow for a minimum 1m
setback. Recommended a number of conditions be
included on the permit, if approved.
Traffic & Design No objection subject to conditions
Drainage No objection subject to conditions

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Referral Comment
Heritage Advisor The proposal was supported.
"The proposal is much larger than anything else on the
street. It is more in keeping with the buildings on
McLaren St in the commercial zone on the opposite side
of the railway line.
However, the streetscape is eclectic and includes the
presence of the railway line, views through to the CBD,
as well as a variety of building types and fences. There
is no really consistent visual pattern of development or
architectural style. The scale of dwellings is modest but
the church and the block of flats introduce larger
elements into the mix.
Williamson Street is a wide main road which feeds into
the CBD. The corner site has a strong visual connection
to the CBD and the larger buildings on McLaren Street.
Because this is a prominent site it is not unreasonable
for it to contain a prominent building. The proposed
residential use is appropriate for the street and the scale
of the building is appropriate for the city. The scale
should not diminish the value of the precinct. It will
change views along both streets but should not distort
an understanding of the original pattern of development
in the area.
The proposed building design is a well-articulated and
reasonably sculptural solid block, split into four with
large cut-outs and voids. The wall and roof planes slide
into one another so that the top of the building
references the traditional pitched roofs of the area from
some angles.
The proposed cork cladding echoes the rich tones of the
face brickwork in the surrounding historic buildings and
introduces an interesting new, environmentally
sustainable material into the palette of architectural
finishes found in Bendigo.
Although the 3D drawings present a picture of a
homogeneously brown and somewhat monotonous
building surface, the natural mottled character of the
cork, the natural timber screens, black brick and large
areas of recessed glazing will break up the elevations to
a greater extent than can be shown on a CAD
generated image."

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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, 6 objections were received, with the grounds of objection


summarised as follows:

Heritage
• Concerns about the development negatively impacting on the heritage precinct and
streetscape.
• HO5 applies and the site is near a number of Victorian era single storey dwellings of
heritage significance.
• Development will overlook/dominate an unbroken row of significant Victorian-era
buildings on the opposite side of Galvin Street between Williamson Street and
Cobden Street and will adversely impact on the heritage character of the east side of
Galvin Street.
• The development will detract from the heritage character of the precinct and its
relatively low scale environment.
• Intrusion of multi storey apartments in designated heritage areas reduces the appeal
of the area and property values.
• Houses on the other three corners at the intersection are older style buildings which
are the beginning of the residential hinterland of the city and subject to a HO.
Residential development should be low scale as per the surrounding area. This
building will detract from the built environment.
• The building adversely affects the heritage streetscapes and heritage views of
Bendigo. The size of the building should be reduced back to the specified height of 9
metres.

Amenity impacts
• Concerns regarding overshadowing.
• The proposed development is an overdevelopment of site, including that the proposal
relies on the naturestrip for landscaping due to the size of the building footprint.
• Concerns about building bulk and views of the skyline.
• Objector's property at 43-45 will be overlooked from the upper levels of the
development, including the rear side courtyard on Barry Street.

Traffic and parking


• Concerns about increased traffic to the area.
• There should be a restriction on height of buildings in older residential areas.
• Application documentation contains errors and omissions.
• Concerns that the building is not in keeping with existing neighbourhood character.
• Loss of amenity due to increased parking/traffic, no provision for visitor parking.
There is a shortage of on street parking available.

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Neighbourhood Character
• 4 storey building out of character with the surrounding single storey dwellings in terms
of bulk and height and exceeds heights for buildings in the area by 50-60%.
• The site is a gateway location and the design is critical.
• Development will be built right to the Galvin Street building line, because of its height
and bulk it will become the dominant structure in Galvin Street.
• Galvin Street has a strong sense of place and the character of the buildings (single
storey cottages) forms part of that.
• The streetscape of Galvin and Williamson Streets is largely one of single storey, early
20th century residential homes. The site is particularly important as it is elevated.
• Williamson Street has a streetscape of continuous Victorian era terraces and this is
completely inconsistent with the proposed development.
• The site is clearly not in the CBD. The south eastern side of the railway line is entirely
residential. The argument that the building is comparable to commercial buildings in
the CBD should be ignored. The development must be considered as a residential
development and meet the appropriate requirements.

Concerns about building height


• The site is located on the top of a rise which will make the development appear
higher.
• Objection to varying the preferred maximum building height.
• The proposed building will dominate not only the surrounding streets but the city
skyline.
• At 4 storeys and sitting on an elevated site at the peak of the Williamson Street hill,
the building would dominate the skyline and destroy heritage views of Bendigo.
• DDO5 states that the height of new buildings should fit within Bendigo's character in
which the preferred height is a maximum of 9 metres from the surrounding roadways,
whereas the proposal is approximately 14 metres in height.
• The building should not be so high so as to dominate over surrounding buildings.
• Car park level could be underground so that the top of the building does not exceed
the preferred 9 metres maximum height.
• Whilst the 9 metres height provision is not mandatory, it is clearly in the planning
scheme for a reason; to protect surrounding residents from overdevelopment. The
development will ruin the streetscape, changing the current dominant heritage feel of
a row of Victorian era cottages, devaluing properties.
• At least one floor should be removed from the development or they should be
required to dig the car park level underground so the maximum height is no more
than 9 metres above street level.

Other
• Concerns about the extent of public notice given.

A consultation meeting was held on 1 March 2017, however, the concerns with the
proposal were not resolved. The objections are discussed below.

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Planning Assessment

Planning policy

The following clauses of the State and Local Planning Policy Framework and Municipal
Strategic Statement are relevant in the consideration of this application.

Clause 11 (Settlement) states that planning is to anticipate and respond to the needs of
existing and future communities through provision of zoned and serviced land for
housing, employment, recreation and open space, commercial and community facilities
and infrastructure. It also states that planning is to facilitate sustainable development that
takes full advantage of existing settlement patterns, and investment in transport and
communication, water and sewerage and social facilities. The proposal supports these
objectives.

Clause 11.07 (Regional Victoria) aims to develop regions and settlements which have a
strong identity, are prosperous and are environmentally sustainable. Clause 11.14
(Loddon Mallee South) identifies Bendigo as a regional city and strategies include
supporting Bendigo as the major population and growth hub for the region, and
facilitating increased commercial and residential densities, mixed use development and
revitalisation projects for underutilised sites and land in Bendigo. The proposed
development will support the demand for housing as a result of population growth in the
municipality.

Clause 15.01-5 (Cultural identity and neighbourhood character) seeks to recognise and
protect cultural identity, neighbourhood character and sense of place. Strategies to
achieve this objective include:
• Ensuring development responds and contributes to existing sense of place and
cultural identity.
• Ensuring development recognises distinctive urban forms and layout and their
relationship to landscape and vegetation.
• Ensuring development responds to its context and reinforces special characteristics
of local environment and place by emphasising:
- The underlying natural landscape character.
- The heritage values and built form that reflect community identity.
- The values, needs and aspirations of the community.

There are concerns that the proposal is not consistent with the existing or preferred
neighbourhood character and has not been designed to recognise its context within a
residential precinct with heritage qualities.

Clause 15.03-1 (Heritage conservation) aims to ensure the conservation of places of


heritage significance. Relevant strategies to achieve this objective include encouraging
appropriate development that respects places with identified heritage values and creates
a worthy legacy for future generations, retaining those elements that contribute to the
importance of the heritage place, and ensuring an appropriate setting and context for
heritage places is maintained or enhanced. The site forms part of a heritage precinct.
One of the main concerns with this application is that it will not produce an acceptable
heritage outcome. This is discussed in detail later in this report.

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Clause 16.01 (Residential development) promotes a diverse range of housing that meets
community needs in locations that offer good access to services and transport and that is
energy efficient. Clause 16.01-4 (Housing diversity) seeks to provide for a range of
housing types to meet increasingly diverse needs, with one of the strategies to achieve
this being to encourage the development of well-designed medium density housing
which respects the neighbourhood character, improves housing choice, makes better
use of existing infrastructure and improves energy efficiency of housing.

The Greater Bendigo Residential Strategy (2014) encourages urban consolidation in


areas which have good access to local services and facilities. A key component of the
Strategy is implementing the concept of ‘10 minute neighbourhoods’ around activity
centres.

Clause 21.05 (Compact Bendigo) encourages ‘10 minute neighbourhoods’ which are
attractive and feature well designed residential and mixed use developments, offer a
range of housing choices, convenient access to public transport and activity centres, and
have community and commercial facilities that are highly accessible by a variety of
transport modes, in particular walking and cycling. This clause states that “a 10 minute
neighbourhood is an identifiable community where people can access many (but not
necessarily all) of their daily needs within a 10 minute walk or cycle trip from where they
live. Daily needs can include shops, schools, employment, a range of community
facilities and public transport.” The location of this proposal meets the elements of a 10
minute neighborhood.

Strategies include supporting proposals for well-designed residential development that


provide a diversity of dwelling choices including higher density residential development
and are accessible to activity centres and activity nodes or public transport. This
development proposes 8 apartments on the edge of the Bendigo CBD, a location which
is supported by this policy statement. The site is well located to take advantage of a
range of services and facilities and public open space.

Clause 21.08 (Environment) recognises the role that heritage plays in the municipality. It
states that “Greater Bendigo has a large number of significant 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.”

Clause 22.06 contains the City’s Heritage Policy. It is policy to:


• Consider applications against the Greater Bendigo Heritage Design Guidelines,
August 2015 including Statements of Significance for Miners’ Cottage Style, Bendigo
Boom/Victorian Style, Federation Style and Inter-war Style.
• Encourage new buildings that do not adversely affect the significance, character or
appearance of the heritage precinct, and are visually recessive.
• Ensure that the design of new buildings responds to the context of the heritage
precinct and nearby contributory buildings including scale, height, mass, form, siting,
setbacks and materials.

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Ordinary Meeting - 21 March 2018

• Encourage new development within a heritage precinct that is contemporary in


appearance and that does not mimic historic styles or details.

An assessment of the proposal against the policy and relevant design guidelines is
provided later in this report.

The Central Bendigo Residential Character Policy at Clause 22.11 is a relevant


consideration for this application. The site is within the Central Bendigo 1 Precinct which
is described as follows: “The area forms part of the inner ring of suburbs that exemplify
the distinctive character of early Bendigo. Most of the housing is from Victorian,
Edwardian and Inter-war periods, and much of it is weatherboard with picket fences
creating a modest ‘cottage’ character, which lends an attractive consistency to the area.
Most houses are closely spaced and close to the street, providing an intimate,
pedestrian-friendly environment. The grid street pattern has adjusted to the alignment of
two creeks, which are prominent features of the landscape. Much of the area has
heritage significance.”

The statement of desired future character is: The cottage feel and heritage qualities of
the streetscapes will be maintained and strengthened.

Objective Design Responses


To retain buildings that contribute to Retain and restore wherever possible,
the valued character of the area. intact Victorian, Edwardian, Federation
and Interwar era dwellings. Alterations and
extensions should be appropriate to the
building era.
Comment: Complies. The site does not contain any significant buildings.

To encourage the consideration of the Prepare a landscape plan to accompany


landscape setting of the dwelling. all applications for new dwellings. Minimise
paved areas, particularly in front of
dwellings.
Comment: The proposal does not comply with this objective. A landscape plan has
been prepared as part of the application, however there is minimal opportunity for
landscaping on the site due to the small setbacks. Whilst the proposed landscaping
within the naturestrip will provide for a landscaped setting and will complement the
development, the use of public space to provide for a landscaped setting for the
development is not considered an equitable or an appropriate planning outcome and
supports the view that the proposal is an overdevelopment of the site.
To maintain the consistency, where The front setback should be not less than
present, of building front setbacks. the average setback of the adjoining two
dwellings.
Comment: The proposal does not comply with this objective. The proposed front
setback to Galvin Street is 2 metres, with the first and second floors to overhang this
setback to the title boundary. This is not consistent with the intent of the policy to
provide for consistent setbacks within the streetscape.

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Ordinary Meeting - 21 March 2018

Objective Design Responses


To maintain the rhythm of dwelling Buildings should be setback from at least
spacing. one side boundary by a minimum of 2
metres.
Comment: The proposal does not comply with this objective. The building will be
constructed to the south west boundary and will have a setback of 1 metre to the
north east boundary, although the first and second storeys will overhang into this
setback to the boundary line.
To minimise the dominance of car Locate garages and carports behind the
storage facilities. line of the dwelling. Use rear access where
available.
Comment: Complies. One garage for all on site parking is proposed, with access to
it provided off Galvin Street. The garage door will have a black timber finish and a
width of 5.8 metres. The garage will not be a dominant feature of the development.
To respect the identified heritage Where the streetscape contains identified
qualities of the streetscape or heritage buildings, reflect the dominant
adjoining buildings. building forms in the street, including roof
forms, in the new building design.
Comment: The proposal does not comply with this objective. The principle heritage
characteristics of the area are the use of red face brickwork, the scale of the
dwellings and the generous grass verges, typical of country towns. The predominant
building forms in the surrounding residential area are single storey. As noted by the
City’s Heritage Advisor, the proposal is much larger than anything else on the street
and is more in keeping with the buildings on McLaren Street in the commercial zone
on the opposite side of the railway line. The proposal is not reflective of the heritage
qualities of the streetscape or nearby buildings in terms of building form, roof form or
materials.
To ensure that buildings and Respect the predominant building height in
extensions do not dominate the the street and nearby properties. Where
streetscape. there is a predominance of single storey,
the height of the dwelling at the front of the
dwelling should match the typical single
storey wall height.
Comment: The proposal does not comply with this objective. The site is situated in a
prominent location and the development will be dominant within the Galvin Street
and Williamson Street streetscapes due to the significant difference in height
between the proposed apartment building and the surrounding development, the
majority of which is single storey.
To use building materials and finishes In streetscapes where weatherboard
that complement the dominant pattern predominates, use timber or other non
within the streetscape. masonry cladding materials where
possible, and render, bag or paint brick
surfaces.

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Ordinary Meeting - 21 March 2018

Objective Design Responses


Comment: The materials used in the surrounding area are brick and weatherboard.
The proposed building materials include black brick, breeze brick, timber cladding
and cork cladding. The proposal introduces different materials and finishes to the
predominantly used materials and finishes in the surrounding area. The main
material used on the exterior is cork tile, which is not found in the immediate area.
The application states that the colour and texture will appear similar to untreated
timber or a natural brick finish. There is scope to introduce new materials to the
heritage precinct as part of an infill development.
To ensure front fences are appropriate Provide open style front fencing
to the era of the dwellings and appropriate to the building era. Front
maintain the openness of the fences should not exceed 1.2 metres other
streetscape. than in exceptional cases.
Comment: No front fences are proposed.

Heritage

Part of the site is affected by a Heritage Overlay (HO5 – Hopper Street Precinct). The
purposes of the Heritage Overlay include conserving and enhancing heritage places of
natural or cultural significance, and ensuring that development does not adversely affect
the significance of heritage places.

The statement of significance for this heritage precinct is contained within the Bendigo
and Eaglehawk Heritage Study. It states:
“The precinct is fairly representative of Bendigo's inner suburbs of the gold-era (late 19th
and early 20th centuries,) with dominantly timber construction and hillside topography
providing the visually cohesive housing stock with variety of siting and elevation.
Intermixed with these houses are landmark sites such as the former Congregational
Church which lend differences of scale and materials within the Victorian and Edwardian-
era idiom.”

The majority of the objections raised concerns about the impact of the development on
the streetscape and heritage precinct.

The application has been assessed against the decision guidelines of the Heritage
Overlay, in addition to the City’s Heritage Policy at Clause 22.06 and the Greater
Bendigo Heritage Design Guidelines (August 2015), an Incorporated Document within
the Planning Scheme.

One of the objectives of the Heritage Policy is to ensure that new development is
sympathetic with the appearance and character and maintains the significance of
heritage places, including surrounding precincts.

In relation specifically to infill development, or new buildings, it is policy to:


• Encourage new buildings that do not adversely affect the significance, character or
appearance of the heritage precinct, and are visually recessive.

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Ordinary Meeting - 21 March 2018

• Ensure that the design of new buildings responds to the context of the heritage
precinct and nearby contributory buildings including scale, height, mass, form, siting,
setbacks and materials.
• Encourage new development within a heritage precinct that is contemporary in
appearance and that does not mimic historic styles or details.

Despite the Heritage Advisor’s view that the proposal is acceptable, in the assessing
officer’s opinion the proposal is at odds with the City’s Heritage Policy as it is not
consistent with the predominant scale and pattern of development in the precinct and the
proposal will dominate the heritage precinct.

It is considered that the proposal fails to meet the first two policy statements listed above.
It is acknowledged that a contemporary design for an infill development can be
acceptable within a heritage precinct, however the main concerns with this particular
proposal are the scale, height and massing of the development, which is more reflective
of nearby commercial developments than the surrounding residential development within
the heritage precinct.

The City’s Heritage Design Guidelines for infill development state that the design of a
new building should consider the prevailing built form which contributes to the
significance of the Heritage Overlay area, with specific regard to front and side setbacks,
rhythm and orientation to the street, form and massing, height and scale, materials and
finishes, window and door openings, architectural detailing, fencing and car parking and
landscaping.

The guidelines state that where the heritage precinct’s characteristics are diverse, with
variations in style, form, materials, scale, massing and height then the design parameters
may be greater than in consistent areas or streetscapes.

The City’s Heritage Advisor has noted that “the streetscape is eclectic and includes the
presence of the railway line, views through to the CBD, as well as a variety of building
types and fences. There is no really consistent visual pattern of development or
architectural style. The scale of dwellings is modest but the church and the block of flats
introduce larger elements into the mix.”

Whilst there is a mix of dwelling styles and eras within the precinct and Galvin Street
itself, development in the precinct is predominantly low scale and single storey in height,
with a few two storey or larger buildings. Buildings are generally set within grounds,
allowing for landscaping in front and rear yards, although it is acknowledged that some
cottages have relatively small setbacks and are attached constructions with no
separation between them.

The design response does not reflect the predominant characteristics of the heritage
precinct in terms of form, scale, height, massing and setbacks, but instead draws on the
commercial development on the northern side of the railway line which is generally of a
much larger scale than the dwellings on the southern side. The height of the
development and its elevated position mean it would be significantly higher than any of
the larger buildings within the precinct. The development’s minimal setbacks at ground
level, with upper storeys encroaching to the title boundaries, is not consistent with the
pattern of development within the precinct.

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Ordinary Meeting - 21 March 2018

Rather than being visually recessive, the scale of the development will dominate the
contributory buildings within the precinct.

Design and Development Overlay

The site is affected by Schedule 5 to the Design and Development Overlay. This overlay
relates to the Central Business District area. The objectives of the overlay are:
• To allow for increased development densities while ensuring that the heights of new
buildings fit reasonably with Bendigo’s character and protect the amenity of public
spaces.
• To ensure the heights of new buildings are generally consistent with the ‘low rise’
character of the CBD while responding to substantial heritage buildings in some
locations.
• To protect streets and other public spaces from overshadowing by new development.
• To ensure that the built form of new development contributes to the CBD’s physical
environment by controlling building front and side setbacks.
• To promote active frontages to streets, walkways and public spaces.
• To ensure street spaces are safe, welcoming and provide weather protection for
footpaths in the areas of highest pedestrian activity.

The site forms part of precinct H1 in the DDO5, where the preferred maximum building
height is low scale (up to 9 metres) to allow for development consistent with the
traditional low rise character of the area.

A permit may be granted to vary the preferred maximum building height where it can be
demonstrated that the variation:
• Meets the design objectives of this schedule;
• Protects heritage places on the site or in proximity to the site; and
• Achieves the visions and objectives of the Bendigo CBD Plan 2005.

The proposed maximum height of the development is 14.5 metres when measured from
footpath level on Galvin Street (as required under the overlay), which exceeds the
preferred maximum height of 9 metres for this precinct by 5.5 metres. Whilst the overlay
allows for variations from this preferred height, it is considered that the scale and height
of this building is not appropriate for the precinct.

The proposal does not provide for active frontages at ground level. Much of the frontage
to Galvin Street will be taken up by screening walls for service/storage areas and the
garage door, with only two bedroom windows presenting to the street and the main
entrance, which is relatively unremarkable. The Williamson Street elevation provides for
three windows at ground level, however the design of the development provides for very
little integration or activation of the street.

The site falls within Precinct K of the Bendigo CBD Plan (2005) which states that this
precinct “will accommodate a range of new housing including higher density
development, taking advantage of recent and on-going improvements to the station and
better connections to other areas in the CBD.”

Under the DDO5, new development and/or extensions to existing buildings must provide
active street frontages on ground level, and development must comply with the setbacks

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Ordinary Meeting - 21 March 2018

specified in the overlay (Building frontages, setbacks and weather protection). This is a
mandatory requirement of the overlay. In not meeting this requirement, the proposal will
result in a poor outcome.

The site is within precinct S2 (Buildings within grounds) where there is a requirement to
provide front and side landscaped setbacks consistent with adjoining buildings unless no
set back or a non-landscaped set back is required to protect the heritage place on the
site or adjoining the site. The site does not adjoin a contributory building, however the
site forms part of a heritage precinct, which is regarded as a heritage place.

The proposal provides for a setback of 2 metres to Galvin Street and 1 metre to
Williamson Street at ground level, with the upper storeys encroaching into this setback,
to the title boundaries. While the adjoining development at 46-52 Galvin Street has a
setback of 2 metres, which has been replicated for the proposed development, the upper
levels encroach into this setback; therefore the development does not meet the
requirement for buildings to be set within grounds.

The application has been considered against the decision guidelines of the overlay.
Whilst the proposed development is an interesting contemporary architectural design,
this must be weighed against how the proposal meets the objectives and requirements of
the overlay overall, in addition to other relevant policy considerations. As noted above,
the preferred height and mandatory setback requirements are not met by the proposal.

The application has not demonstrated how it is implementing sustainable development


principles. While the proposal has satisfactorily addressed overlooking impacts through
screening measures, there are concerns about the level of overshadowing to the
adjoining property and adjoining public space resulting from the development and
whether the proposal reasonably protects the future development potential of the
adjoining property.

Traffic and car parking

Some of the objections raised concerns about increased traffic as a result of the
development and a lack of car parking.

Under Clause 52.06 of the Planning Scheme, there is a requirement for two car spaces
for dwellings with 3 or more bedrooms, and 1 car space for dwellings with up to 2
bedrooms. Visitor car parking is required for 5 or more dwellings at a rate of 1 space per
5 dwellings. As such, this development is required to provide a total of 14 spaces,
comprising 13 spaces for the dwellings and 1 visitor space.

The proposal provides for 14 spaces; however no visitor spaces have been designated.
All of the proposed car spaces will be allocated to dwellings. 'No standing' signs exist in
front of and opposite the site on Galvin Street, and as such it will not be possible for
visitors to park in these locations. Parking elsewhere on Galvin Street is unrestricted and
it is considered that there is sufficient on-street parking available to provide for the one
visitor space the development requires.

Six of the on-site car spaces will be tandem spaces, however this approach is acceptable
as these spaces will be allocated to particular apartments. The proposal also provides for

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Ordinary Meeting - 21 March 2018

11 bicycle spaces which exceeds the requirement under the Planning Scheme to provide
for 1 space to each 5 dwellings in a development of four or more storeys.

ResCode

Clause 55 sets out the relevant standards and objectives to assess internal and external
amenity provision/protection, neighbourhood character/design detail and building siting
considerations (i.e. site coverage, overshadowing, wall heights, boundary setbacks, etc.).
Compliance with the objectives of Clause 55 is a mandatory requirement for residential
developments within the General Residential Zone.

• Clause 55.02-1 Standard B1 - Neighbourhood character


Galvin Street and the surrounding residential area is characterised by dwellings set
within gardens, many of which are heritage buildings. Dwelling styles and materials vary
according to era, but materials are typically weatherboard or brick. Roof forms are mostly
hipped or gabled forms.
The proposed development will present to Galvin Street and Williamson Street. Whilst
the design of the development is contemporary and not reflective of the surrounding
heritage dwellings, this is not necessarily inappropriate. However, the scale of the
development is of concern and not reflective of development in the surrounding area.
The scale of the development is more reflective of commercial development to the north
of the railway line.

• Clause 55.03-1 Standard B6 Street setbacks


Under this standard, the required setback to Galvin Street is 2 metres, which is met at
ground level, and the required setback to Williamson Street is also 2 metres, which has
not been met as a setback of only 1 metre is proposed. The upper levels protrude into
these setbacks to the Galvin and Williamson Street boundaries. There are concerns that
the scale of the building results in unacceptable building bulk within the streetscape and
the minimal setbacks do not provide for a sufficiently landscaped setting for the building.

• Clause 55.03-2 Standard B7 Building height


The maximum height allowed under this standard is 9 metres. The overall height of the
development is 13.5 metres to natural ground level. This is a significant difference in
height in relation to the predominant height of the surrounding development. The
topography of the area means that the site is also elevated, with a level difference of
approximately 1 metre from the naturestrip in Williamson Street.
The development will dominate both the Galvin Street and Williamson Street
streetscapes. The wall height of the building extends between 9 and 12 metres to the top
of the third storey, due to the unusual roof form, before the fourth storey is recessed.

• Clause 55.03-3 Standard B8 Site coverage


The proposal exceeds the maximum 60% site coverage specified under this standard,
with a proposed site coverage of approximately 82%. Whilst a higher density
development may be appropriate for this site, the building footprint fails to provide for
appropriate setbacks and landscaping that is consistent with the preferred and existing
neighbourhood character.

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• Clause 55.03-4 Standard B9 Permeability


The proposal will achieve less than the required 20% site permeability under this
standard due to the proposed site coverage.

• Clause 55.03-8 Standard B13 Landscaping


There is no significant vegetation existing on the site. Whilst a landscape plan has been
submitted for the proposal, there are limited opportunities for planting on the site itself
due to the minimal setbacks proposed and the footprint of the development. Proposed
landscaping for the site itself includes groundcovers and low shrubs, with the plans also
showing proposed landscaping within the naturestrip, comprising street tree planting,
lawn, stone mulched areas and ground cover plantings.
Objectors have raised concerns that the development is relying on public space to
provide for landscaping. The landscape character of the neighbourhood is dwellings
within grounds, although it is acknowledged that some cottages only have small front
setbacks. The proposal is not consistent within this landscape character and does not
provide for ‘grounds’ around the building as the setbacks are minimal (2 metres to Galvin
Street and 1 metre to Williamson Street with upper floors encroaching to the title
boundaries) and the building takes up the majority of the site.

• Clause 55.04-1 Standard B17 Standard side and rear setbacks


The objective of this standard is to ensure that the height and setback of a building from
a boundary respects the existing or preferred neighbourhood character and limits the
impact on the amenity of existing dwellings.
The proposal does not meet the setbacks and objective under this standard. The second
storey protrudes into the required setback to the south western boundary. The proposed
setbacks impact on the adjoining property to the south west with regard to visual bulk,
and to some degree overshadowing. The setbacks are not consistent with the
established or preferred neighbourhood character.

• Clause 55.04-2 Standard B18 Walls on boundaries


The overall objective of this clause is to ensure that the location, length and height of a
wall on a boundary respects the existing or preferred neighbourhood character and limits
the impact on the amenity of existing dwellings. The proposed development exceeds the
allowable length of wall on a boundary under this standard. The standard allows building
on the south western boundary for a maximum length of 13.14 metres. The plans show a
3 metre high wall on this boundary for a length of 20 metres.
The length and height of the wall on the south western boundary will result in some
overshadowing to the adjoining dwelling’s private open space in the mornings. The
height and length of this wall will also have an impact on the adjoining property in terms
of visual bulk.
The proposal also exceeds the allowable length and height of a wall on a boundary for
the north western boundary, which abuts the railway line, at a length of 21 metres,
exceeding the allowable length of 15.1 metres, and exceeding the allowable height of 3.2
metres with a proposed height of 9 metres.

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• Clause 55.04-6 Standard B22 Overlooking objective


The objective of this clause is to limit views into existing secluded private open space
and habitable room windows. Concerns have been raised by an objector about
overlooking to their property on the opposite side of the street. This standard requires
that a habitable room window, balcony, terrace, deck or patio should be located and
designed to avoid direct views into the secluded private open space of an existing
dwelling within a horizontal distance of 9 metres. The application has satisfied this
requirement through the provision of screening to balconies and windows where
required.

• Clause 55.04-8 Standard B24 Noise impacts


The site adjoins the railway line to the north west. Bedrooms and private open space
areas will be located immediately adjacent to the railway line. While the plans show
double glazing for some bedroom windows and sliding doors for living areas on the north
western elevation, this has not been consistently applied to each habitable room which
faces onto the railway line on this elevation and should be required as a condition of
permit, if approved.
Noise from the car park on the ground level may impact Apartment 1, which directly
adjoins it. It is not clear whether any specific construction measures are proposed to
address this.

• Clause 55.05-2 Standard B26 Dwelling entry


The objective of this clause is to provide each dwelling or residential building with its own
sense of identity. Under the standard, entries to dwellings and residential buildings
should be visible and easily identifiable from streets and other public areas and provide
shelter.
A pedestrian entrance to the development is located on Galvin Street, which provides
access to the lobby area. There are concerns that the entrance is not well identified and
obvious within the streetscape. Further articulation of the entry could be required as a
condition of permit in the event the proposal is approved.

• Clause 55.05-4 Standard B28 Private open space


The objective of this clause is to provide adequate private open space for the reasonable
recreation and service needs of residents. The private open space requirement for
Apartment 1 is not met with the proposed deck area at ground level of 25 square metres.
An area of 40 square metres is required under the standard. However, a smaller area of
open space is considered acceptable in this case given the apartment nature of the
dwelling and proximity to the CBD and large reserves including Ewing Park and Rosalind
Park. The dimensions and areas of the proposed balcony areas and rooftop for
Apartments 2-8 satisfy the requirements for private open space under this standard. This
objective is considered to be met overall.

• Clause 55.05-5 Standard B29 Solar access to open space


Balconies for Apartments 3 and 6 are oriented to the south west, with the solar access
not being optimal, however it is considered that a reasonable level of amenity will be
provided for residents, therefore the overall objective is met.

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Ordinary Meeting - 21 March 2018

Conclusion

While the site is well located within central Bendigo to take advantage of existing
infrastructure, services and facilities, public open space, schools and transport, and
planning policy supports higher density development close to activity centre locations;
the General Residential Zone, Clause 22.11 and Clause 55 of the Planning Scheme
require that new development respects the neighbourhood character of the area.

The site forms part of a heritage precinct and is situated in a prominent location. The
scale and height of the proposal is not consistent with the surrounding development and
it will dominate the heritage precinct.

The proposal does not satisfy the requirements of the Design and Development Overlay
5 with regard to height and setbacks. The proposed development also fails to comply
with a number of ResCode standards and objectives.

It is recommended that this application be refused on the basis that it represents an


unacceptable planning outcome with regard to neighbourhood character, ResCode,
Council’s Heritage Policy, the Heritage Overlay and the Design and Development
Overlay 5.

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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Ordinary Meeting - 21 March 2018

2.2 LOT 2 OF PLAN OF SUBDIVISION 723636 V - EMU CREEK ROAD),


STRATHFIELDSAYE 3551 - APPROVAL OF A DEVELOPMENT PLAN
(SCHEDULE 26); THE STAGED SUBDIVISION OF LAND INTO NOT
MORE THAN 119 LOTS; REMOVAL OF NATIVE VEGETATION AND
REMOVAL OF EASEMENT

Document Information

Author Peter O'Brien, Coordinator – Planning

Responsible Bernie O’Sullivan, Director Strategy and Growth


Director

Summary/Purpose

Application details: Approval of a Development Plan (Schedule 26); the staged


subdivision of land into not more than 119 lots; removal of
native vegetation and removal of easement.
Application No: DS/337/2017
Applicant: Spiire Australia Pty Ltd
Land: Lot 2 of PS 723636 V Emu Creek Road, STRATHFIELDSAYE
3551
Zoning: General Residential Zone (GRZ); and Low Density Residential
Zone (LDRZ)
Overlays: Development Plan Overlay Schedule 26 (DPO), Design and
Development Overlay Schedule 6 (DDO), Vegetation
Protection Overlay Schedule 1 (VPO) and Bushfire
Management Overlay (BMO)
No. of submissions: 8
Consultation 7 December 2017. Eppalock Ward Councillors were
meeting: apologies.
Key considerations: • Is there policy support (State and Local) for a subdivision in
this location (includes consideration of the Strathfieldsaye
Township Plan 2009; Bushfire and Vegetation
considerations)?
• The merits of Development Plan under Schedule 26;
• Can the lots be appropriately serviced, accessed (including
consideration of impacts on the broader road network) and
meet the requirements of clause 56?; and
• The provision of open space.
Conclusion: The Development Plan, subject to the amendments noted

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Ordinary Meeting - 21 March 2018

below is satisfactory, and the permit application represents an


acceptable planning outcome, subject to conditions, having
due regard to the requirements of the Planning Scheme.

RECOMMENDATION:

A. Pursuant to section 61 of the Planning and Environment Act (1987), Greater


Bendigo City Council resolve to approve the Development Plan under Schedule 26
which will allow the staged subdivision of land into not more than 119 lots; removal
of native vegetation and removal of easement subject to the following amendments:
i. Lots 1-6 (inclusive) be consolidated into 4 lots and have frontage to the drainage
reserve/ open space;
ii. The drainage reserve/open space reserve be expanded so as to adjoin lots 24-
26 (inclusive);
iii. Lots 24-29 (inclusive) to be reconfigured into 7 lots so as to have frontage to the
drainage reserve/open space; and
iv. The roundabout to be deleted (to create a three way intersection only) and the
entrance/central road be reconfigured to incorporate a shared bicycle/pedestrian
path.

B. Pursuant to section 61 of the Planning and Environment Act (1987), Greater


Bendigo City Council resolve to approve a Planning Permit allowing the staged
subdivision of land into no more than 119 lots; removal of native vegetation and
removal of easement subject to the conditions at the end of this report, following the
receipt and endorsement of the amended Development Plan referred to in
Recommendation A.

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

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021


Goal 4: Presentation and managing growth
• Planning, developments and infrastructure that increase our liveability and pride in
where we live.
Goal 6: Embracing our culture and heritage
• Recognise and celebrate our unique history and diverse cultures.

Report

Subject Site and Surrounds

The applicant has appropriately described the application site and surrounding area as
follows:
“The subject site contains a principal land parcel located at No. 29 Emu Creek Road,
Strathfieldsaye which is more formally described as Lot 2 on PS723636 (Volume
11591/Folio 753).

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Ordinary Meeting - 21 March 2018

The subject site is affected by existing easements (E-1) which are in favour of the
Emu Valley Irrigation and Water Supply Trust. A copy of the Certificate of Title for the
site is enclosed with the permit application documentation. There are no other
easements, restrictions, covenants or Section 173 Agreements registered on title
which would affect the proposed development.

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

The site is irregular in shape and encompasses a total site area of 24.11 hectares.
The site has two street frontages including a 376 metre frontage to Emu Creek Road
(to the west) and 296.88 metre frontage to McCleans Road (to the east).
The topography of the land rises from the west to the east of the site by approximately
8 metres. The lowest depression of the land is within the north western portion of the
site along Emu Creek Road where the proposed drainage reserve will be located.
The site is currently void of any buildings or development however is heavily
vegetated within the eastern portion of the site. Other remnant patches of native
vegetation are also located centrally and within the southern portion of the site.
The subject site is located within an area designated for residential growth within
Strathfieldsaye. Land use and development surrounding the site is largely for low
density residential purposes and forested land which forms part of the subject site.

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Ordinary Meeting - 21 March 2018

More conventional style residential development is located further west and north of
the subject site.
In addition, the site is located within close proximity of a number of local amenities in
Strathfieldsaye, including the local shopping precinct as well as recreation reserves
and the Strathfieldsaye and St Francis of the Fields primary schools.
The Bendigo Central Business District is located approximately 9 kilometres west from
the site. In addition, other large scale supermarkets and commercial uses are located
approximately 6 kilometres west of the site including the Strath Village Shopping
Centre.
A description of the immediate surrounds is provided below:
• To the north: is land which also forms part of No. 29 Emu Creek Road however is
not included as part of the proposed subdivision. This property is developed with a
dwelling, associated outbuildings and a dam along the site's southern boundary
(where it abuts the subject site). Further north is forested land located in the Public
Conservation and Resource Zone (PCRZ) and commercially zoned and
developed land.
Land located to the north of Wellington Road is conventional style residential
development which is currently being developed by Villawood.
• To the south: is land located in the LDRZ and developed with dwellings on larger
allotments. Further south of the site is more low density residential development
located in the Rural Living Zone (RLZ).
• To the east: is low density residential development located in the GRZ and RLZ.
• To the west: is Emu Creek Road, over which is low density residential
development on land located in the GRZ. Land located to the west of Emu Creek
is land developed for conventional style residential development along Bassett
Drive.
The commercial precinct is located approximately 450 metres to the north west of the
subject site”.

Proposal

The proposal is for the approval of a Development Plan; the staged subdivision of land
into not more than 119 lots; removal of native vegetation and removal of easement. The
land is in two zones as shown in Figure 5.

The allotments range between 533 square metres and 1,503 square metres (in the part
of the site zoned General Residential) with an average size of 697 square metres.

Three low density allotments are proposed within the eastern portion of the site which will
measure between 2 hectares and 8.2 hectares (in the part of the site zoned Low Density
Residential).

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Ordinary Meeting - 21 March 2018

Figure 2: Proposed plan of subdivision.

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Ordinary Meeting - 21 March 2018

Vegetation removal forms part of the application with 6.351 hectares proposed to be
removed. The application proposes to offset the vegetation removal with both the
permanent protection of vegetation the Low Density Residential Zone, as well as a third
party offset on other land.

Figure 3: Extent of native vegetation to be removed (scattered trees and patches).

Figure 4: Street tree concept plan.

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Ordinary Meeting - 21 March 2018

Figure 5: Application site and zoning.

Planning Controls - Greater Bendigo Planning Scheme

Two approvals are being sought:


• Firstly a Development Plan (under schedule 26) has been applied for. This is an
Overlay applied to land rezoned following the completion of the Strathfieldsaye
Structure Plan. A permit application in ‘general accordance’ with a Development Plan
is exempt from third party review i.e. submitters cannot appeal the Council decision (if
approved) to the Victorian Civil and Administrative Tribunal.
• Secondly, a Planning Permit has also been applied for. The planning permit is
required under the Greater Bendigo Planning Scheme for the following reasons:
General Residential Zone, Low Density Residential Zone, Bushfire Management
Overlay and Design and Development Overlay all state that a permit is required to
subdivide land;
Clause 52.17 and the Vegetation Protection Overlay state a permit is required to
subdivide land; and
Clause 52.02 states a permit is required to remove an easement.

The following clauses are relevant in the consideration of this proposal:

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Ordinary Meeting - 21 March 2018

State Planning Policy Framework


• 11 Settlement
• 11.07 Regional development
• 11.14 Loddon Mallee South Regional Growth
• 12.01 Biodiversity
• 13.05 Bushfire Planning
• 14.02 Water
• 15.01 Urban environment
• 15.02 Sustainable development
• 16.01 Residential development
• 18.02 Movement networks
• 19.03 Development infrastructure

Municipal Strategic Statement


• 21.01 Municipal profile
• 21.02 Key issues and influences
• 21.04 Strategic directions
• 21.05 Compact Greater Bendigo
• 21.08 Environment
• 21.09 Integrated Transport and Infrastructure
• 21.10 Reference documents (Strathfieldsaye Township Plan, 2009)

Local Planning Policies


• 22.01 Development at the Urban Forest Interface Policy
• 22.04 Salinity and Erosion Risk Policy

Other Provisions
• 32.02 Low Density Residential Zone
• 32.08 General Residential Zone
• 42.02 Vegetation Protection Overlay (Schedule 1)
• 43.02 Design and Development Overlay (Schedule 6)
• 43.04 Development Plan Overlay (Schedule 26)
• 44.06 Bushfire Management Overlay
• 52.01 Public Open Space Contribution and Subdivision
• 52.02 Easements
• 52.17 Native vegetation
• 56 Residential Subdivision
• 65 Decision Guidelines

Consultation/Communication

Referrals

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

Referral Comment

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Ordinary Meeting - 21 March 2018

Referral Comment
Powercor No objection subject to conditions
Coliban Water No objection subject to conditions
Tenix No objection subject to conditions
Country Fire Authority No objection subject to conditions
Downer Utilities No objection subject to conditions
Transport for Victoria No response by the time the report was settled.
Department of Environment, No objection subject to conditions
Land, Water and Planning
Traffic & Design No objection subject to conditions
Drainage No objection subject to conditions
Public Space Design No objection subject to conditions

Public Notification

The permit applicant was directed to informally give notice of the Development Plan.
This process is in accordance with a 2006 Greater Bendigo City Council resolution
directing that informal notice of a Development Plan be given so that the community has
the opportunity to make submissions in support or otherwise of a Development Plan
proposal

A total of 8 submissions were received which raised the following issues/concerns:


• Proposed lot sizes not in keeping with the surrounding streetscape character and
overdevelopment of the site;
• Inconsistency with the Strathfieldsaye +25 Community Plan and Development Plan
Overlay;
• Traffic concerns;
• Stormwater and drainage concerns;
• Removal of easements;
• Lack of open space and play equipment; and
• Removal of native vegetation.

The planning merits of the proposal (taking into consideration the issues raised by the
submitters) are discussed below.

Planning Assessment

Is there policy support (State and Local) for a subdivision in this location (includes
consideration of the Strathfieldsaye Township Plan 2009; Bushfire and Vegetation
considerations)?

The State Planning Policies which are relevant to this application are previously identified
in this report.

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Ordinary Meeting - 21 March 2018

Clause 11 (Settlement) states that planning is to anticipate and respond to the needs of
existing and future communities through provision of zoned and serviced land for
housing, employment, recreation and open space, commercial and community facilities
and infrastructure. It also states that planning is to facilitate sustainable development that
takes full advantage of existing settlement patterns, and investment in transport and
communication, water and sewerage and social facilities. The proposal supports these
objectives.

Clause 11.07 (Regional Victoria) has an objective to “To develop regions and
settlements which have a strong identity, are prosperous and are environmentally
sustainable”. Clause 11.14 (Loddon Mallee South) identifies Bendigo as a regional city
and strategies include supporting Bendigo as the major population and growth hub for
the region, and facilitating increased commercial and residential densities, mixed use
development and revitalisation projects for underutilised sites and land in Bendigo. The
proposed subdivision will support the demand for housing as a result of population
growth in the municipality.

Clause 12.01 (Biodiversity) relates to the protection of Victoria’s biodiversity and native
vegetation management, with the objective of Clause 12.01-2 (Native vegetation
management) being to ensure that permitted clearing of native vegetation results in no
net loss in the contribution made by native vegetation to Victoria’s biodiversity.

Clause 21.08 (Environment) recognises the importance of Box Ironbark forests in the
municipality. This clause notes that “heavily forested areas along with areas of native
vegetation on roadsides and waterways, provide an important framework of remnant
habitat and wildlife corridors surrounding Bendigo.”

Native vegetation on the site will be lost as a result of this proposal and clearly this was
contemplated in the course of the rezoning of part of the site to the General Residential
Zone under the Strathfieldsaye Township Plan. The applicant supported this element of
their application with a technical report prepared by a suitably qualified expert. The
report has been vetted by experts at the Department of Environment, Land, Water and
Planning who are satisfied that, with the appropriate offset, (to be secured via permit
conditions) that the ‘no net loss’ policy objective will be met by this application.

The application proposes to offset the removal of vegetation by the creation of a larger
lot (8.2 hectates) in the Low Density Residential Zoned portion of the site, the majority of
which will be set aside as a ‘first party’ offset site. The location of the lot in the Low
Density Residential is also within the Vegetation Protection Overlay Schedule 1 part of
the site and the majority of vegetation to be removed is outside the Overlay area in the
General Residential zoned portion.

The first party offset will mean that the balance of the largest lot (lot 3, being 8.16 ha) will
be permanently protected against the removal/degradation of vegetation (by way of a
registered restriction and active management). Part of the offset will also be via a third
party offset on other land.

Clause 13.05-1 Bushfire planning strategies and principles has objectives to strengthen
the resilience of settlements and communities to bushfire through risk-based planning
that prioritises the protection of human life. Most of the application site is located within a

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Ordinary Meeting - 21 March 2018

Bushfire Management Overlay. The applicant supported this part of their application with
a Bushfire Management Plan which has been assessed by the Country Fire Authority.
The report demonstrates that the policy objectives around safety and the priority of
human life are met by this proposal.

The effect of approving the Development Plan and Planning permit will mean that future
dwellings are exempt from the need to obtain individual permits under the Bushfire
Management Overlay as this matter has been considered at the subdivision permit
stage.

There is a policy tension that exists between Planning Scheme Policies related to
vegetation, bushfire and the City’s own Development at the Urban Forest Interface
Policy. The latter policy is relevant to this application as the Strathfieldsaye Township
Plan resulted in the zoning of the application site changing, but also the introduction of a
Design and Development Overlay on part of the General Residential Zone immediately
adjoining the line that divides the application site into two zones.

The application site is considered to be ‘private’ forest under the City's policy. The policy
imperative is that separation between the forest and dwellings/subdivisions be provided.
The separation distance is 30 metres and can include a road. The setback which is thus
achieved by:
• The building envelopes for the subdivision in the Low Density Residential Zone
having a 10 metre setback from the proposed road;
• The road reserve is noted as being 16 metres wide; and
• Lots in the General Residential Zone require a minimum of 4 metres setback for
future dwellings.

The principle of having a perimeter road separating the General Residential zoned part
of the site from the Low Density Residential Zone is also consistent with best practice for
designing subdivisions to meet bushfire planning requirements. Other aspects of the
policy and Overlay will be met by the requirements to actively maintain lot 3 for the
purpose of meeting the requirements of being a first party offset site. This includes weed
and vermin control.

The importance of energy and resource efficiency is referenced in Clause 15.02


(Sustainable development). The proposal will make efficient use of existing utilities, and
will provide sufficient solar access for new dwellings.

Clause 15.01 (Urban environment) contains objectives and strategies relating to the
design of subdivisions which achieve attractive, liveable, walkable, cyclable, diverse and
sustainable neighbourhoods. The proposal will contribute to a livable and sustainable
community through the provision of a range of lot sizes, and it will support existing
activity centres and public transport networks.

Clause 16.01 (Residential development) promotes a diverse range of housing that meets
community needs in locations that offer good access to services and transport and that is
energy efficient. The subdivision of the site into a maximum 119 lots will support an
increased residential density which can be appropriately facilitated through the provision
of services and infrastructure.

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Ordinary Meeting - 21 March 2018

The subdivision will increase the availability of housing in a developing part of


Strathfieldsaye that has been strategically identified for growth. Land to the west of
Sheepwash Creek was previously zoned Rural Living so the rezoning of the application
site (and others) is the strategic implementation of the Strathfieldsaye Township Plan
that culminated in the application site being rezoned to its current dual zoning.

Clause 18.02 (Movement networks) promotes sustainable personal transport, cycling


and public transport. The proposal supports these policies as the site is well located to
take advantage of existing public transport and the subdivision will provide for (by
conditions) a pedestrian/cycle link and footpaths. The site does not have direct access
to public transport (the existing, developed parts of Strathfieldsaye are serviced by routes
70 and 71), the closest stop for these routes is in Blucher Street, (which is, at its closest
point) approximately 800 metres from the application site.

Clause 19.03 (Development infrastructure) identifies the need to provide for social and
physical infrastructure in a way that is efficient, equitable, accessible and timely, and
encourages the efficient use of existing infrastructure and services. The site is located in
an area which can be fully serviced by utilities and is within proximity to a range of
established social infrastructure.

The land is zoned General Residential and is located within the Urban Growth Boundary.
The proposal meets the overarching objectives of the Greater Bendigo Residential
Strategy (2014) and clause 21.05 ‘Compact Greater Bendigo’ as it provides for urban
consolidation in an area which has reasonable access to local services and facilities.

Figure 6: Extract from Table 1 – Framework plan for residential development.

Figure 7: (Next page) Plan 1 highlighting where the ‘larger suburban lots/ frontage treatment’ apply and
application site.

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Ordinary Meeting - 21 March 2018

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Ordinary Meeting - 21 March 2018

The Strathfieldsaye Township Structure Plan (2009) is relevant to this application and the
Plan is a Reference Document in the Planning Scheme. The plan notes that the
application site includes both ‘Suburban’ (General Residential Zone in this instance) and
‘Environmental Living A’ (Low Density Residential Zone in this instance). The GRZ does
not nominate a minimum lot size and the LDRZ notes a minimum lot size of 2 hectares,
which is what the application reflects.

Page 29 of the Plan notes one of its strategies as being to encourage “…larger than
average lots fronting roads that are located on high points in the landscape or where
significant roadside vegetation contributes to the character of the streetscape (as shown
in Plan 1)”. The Development Plan Overlay includes a similar requirement making
reference to ‘connector roads’ which Emu Creek Road most certainly is, or in time will
be.

As can be seen in Figure 7 on the previous page, the application site (and Emu Creek
Road for that matter), is not shown on the plan as being a location where the ‘larger
suburban lots / frontage treatment’ is necessarily applies. The lots proposed under this
permit are predominantly 18 and 20 metres wide and 35 metres deep, which is narrower
and not as deep as those opposite on Emu Creek Road, though lots of this size accord
with the ‘Suburban’ strategic vision for the General Residential zoned part of the site and
the ‘Environmental Living A’ vision for the Low Density Residential.

Clause 56.03-5 (ResCode) does not note that ‘Character’ is a consideration for
subdivisions over 60 lots. The rationale behind this is that a subdivision above that size
will create its own character. Whilst not a requirement of clause 56, a purpose of the
General Residential Zone and Decision Guidelines note character as being a relevant
planning consideration for subdivision applications.

As the land was not in a residential zone when the City's Residential Character Study
was being undertaken in 2001, the application site is not within a Character Policy
precinct. The consideration of ‘Character’ is thus to be guided by the Strathfieldsaye
Township Plan and the proposal has been assessed as representing the type of
character outcome anticipated for a subdivision in the General Residential and Low
Density Residential Zones or ‘Suburban’/’Environmental Living A’ designation given to
part of the site under the Township Plan.

In balancing competing objectives, it is concluded that the subdivision has a high level of
compliance with planning policy for housing and the more specific guidance found in the
Township Plan.

The application has had due regard to considerations around native vegetation removal
and creating safer communities in areas of high bushfire risk.

The site is zoned appropriately and is within the City’s Urban Growth Boundary, with the
result being there is no compelling reason as to why the site should not be developed as
proposed, having regard to policy.

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Ordinary Meeting - 21 March 2018

The merits of Development Plan under Schedule 26;

Clause 43.03 Development Plan Overlay – Schedule 26 (Strathfieldsaye Township)


states that a permit may be granted before a development plan has been prepared to
the satisfaction of the responsible authority to construct a building or construct or carry
out works or to subdivide land provided that the applicant can demonstrate that the
proposed buildings or works or subdivision will not prejudice future development within
the area as generally envisaged in the Strathfieldsaye Township Plan, 2009.

The applicant in this case has elected to apply for a Development Plan. Clause 43.04-3
of the Scheme states that a development plan may consist of plans or other documents.
This was the form in which the Development Plan (lodged shortly after the planning
application) was received. An assessment of the requirements of the Overlay, including
the applicant's submission, is on the following pages. It is concluded that, subject to the
changes nominated in Recommendation A, the Development Plan ought to be approved.

Figure 8: Application site in Development Plan area ‘New Development Area – East’.

Development Plan Requirement: Development Plan Submission


(Applicant):
Site analysis The applicant relies on the submitted site
The development plan must include a site analysis plan and vegetation assessments
analysis plan(s) which sets out the key site submitted in support of the application.
features and an assessment of the relevance of
each of the site features in informing a design
response that responds to the objective for the
development plan area.

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Ordinary Meeting - 21 March 2018

Development Plan Requirement: Development Plan Submission


(Applicant):
The site analysis must include a detailed
vegetation survey of all native vegetation that
identifies areas of Medium, High and Very High
Conservation Significance and scattered trees
as assessed using "Victoria's Native Vegetation
Management - A Framework for Action".

The site analysis may comprise one or more


plans to the satisfaction of the responsible
authority.
Officer Response: The requirements have been satisfactorily met.

Design response The site is appropriately zoned for residential


The design response for the development plan development and is identified in various strategic
area must respond to the findings of the site planning policies for residential growth. The
analysis process and demonstrate that the proposal is consistent with the surrounding
objective for the development plan will be residential use and development and which is
achieved. The design response must address evolving more broadly within Strathfieldsaye.
the following specific requirements:
Given the environmental sensitivities within the
eastern portion of the site, only the western
portion of the subject site will be developed for
suburban development. Low density residential
development (i.e. 3 rural allotments) is proposed
within the eastern portion of the site.

The subdivision has been designed to


complement the existing surrounding
neighbourhood character. As mentioned
previously the proposed subdivision is
consistent with recent land development within
Strathfieldsaye, in particular to the north and
west of the site.

It is submitted that the proposed subdivision will


positively respond to the design objectives of the
Strathfieldsaye Township Plan and the existing
neighbourhood character, through the retention
of a large expanse of native vegetation within
the eastern portion of the site and provision of
allotment sizes and layout which complement
the environmental constraints of the site.
In particular, the proposed layout aims to
facilitate a modern living environment that is
community based, safe, attractive and
functional.
Officer Response: Subject to the amendments required to the Development Plan and Planning
Permit to improve the open space proposed by the proposal, the proposal represents a suitable
response to the site and context.

Native vegetation An assessment of the vegetation has been


A Native Vegetation Management Plan with carried out by Garry Cheers, Flora & Fauna
recommendations regarding native vegetation Consultant & Heather Beever, Cumbre
retention priorities and any native vegetation Consulting Pty Ltd a copy of which is provided.
proposed for removal. The recommendations for In addition, a first party general and specific
vegetation removal and retention must offset management plan has also been prepared
demonstrate that the three step approach of by the above consultants

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Ordinary Meeting - 21 March 2018

Development Plan Requirement: Development Plan Submission


(Applicant):
“avoid, minimise and offset” has been followed
taking into account: In summary, it will be necessary to clear the
• The health and significance of the native existing native vegetation within (predominately)
vegetation; the western and southern portion of the subject
• The role and viability of the vegetation within site to facilitate the future residential
an urban development context; development.
• the ability to create and/or reinforce bio links
to connect places of environmental interest A planning permit is required under the
and restoration of native habitat along provisions of the VPO1 and Clause 52.17 for the
creeks and drainage lines; removal of native vegetation.

Where native vegetation is to be removed, an The VPO1 affects the eastern portion of the site
offset plan must be approved by the responsible and seeks to protect and preserve indigenous
authority in consultation with the Department of vegetation and rare and endangered flora and
Environment, Land, Water and Planning as fauna species. This overlay also contains an
appropriate. objective which is to maintain the integrity of the
box ironbark vegetation around Bendigo.

Measures to minimise the extent of native


vegetation removed as part of the proposal has
been undertaken. As detailed in the submitted
Plan of Subdivision, the eastern portion of the
site will not be developed and the native
vegetation will be retained. 3 large rural
allotments
are proposed within the eastern portion of the
site which designate building envelopes along
the western edge of these allotments.

The report describes the proposed removal of


native vegetation including 6.25 hectares of
remnant patches of native vegetation and 1
scattered tree. The proposal results in a
moderate risk-based pathway and is located
within location risk area A.

It is submitted that the proposed subdivision


layout has taken into account the environmental
constraints of the site and meets the objectives
of Clause 52.17 and the VPO1.

The proposed removal of native vegetation and


provision of vegetation offsets, is considered
acceptable for the following reasons:
• The land is zoned for residential
development and as such it is not viable for
this proposal to completely avoid impacts on
native vegetation on site as part of the
subdivision. The proposed lots however are
of a substantial size to accommodate
significant landscape treatments.
• The eastern portion of the site will be
unaffected by any native vegetation
removal.
• Given the nature of the proposal for
residential subdivision, it is difficult to retain
any viable vegetation within the eastern and

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Ordinary Meeting - 21 March 2018

Development Plan Requirement: Development Plan Submission


(Applicant):
southern portion of the site.
• It is considered the provision of offsets will
provide a more appropriate outcome in
regards to the protection of biodiversity
values rather than attempting to retain
vegetation in the residential area as it would
have little biodiversity value.
• Offsets will be provided to compensate for
the loss of native vegetation onsite and
offsite as deemed appropriate by the
responsible authority.
• The submitted Vegetation Assessment
report has identified appropriate offsets
• It was determined that there will be a first
party offset site within the eastern portion of
the site on proposed Lot 119. This site can
provide partial offset for the specific and
some of the general offset that is required.
The remainder will be offset through third
party offsets.
• The first party offset site is mapped for Dark
Wire-grass in the northern section and is
adjacent to a vegetated block mapped for
Dark Wire-grass that the current landholder
intends to retain.
Officer Response: The Development Plan has appropriately considered this issue having regard to
the requirements of the Greater Bendigo Planning Scheme that require a permit for such removal.
The application has involved expert advice from the Department of Environment, Land, Water and
Planning who support the application which is relevant to being satisfied the requirement is met.

Open space and landscaping A Landscape Concept Plan has been prepared
• A landscape concept plan that details broad by Spiire (dated July 2017). This plan details
recommendations regarding rehabilitation broad recommendations regarding proposed
and landscaping along creek lines (including landscaping across the development, including
any flood mitigation works) and open space street tree planting and proposed landscape
corridors. treatments to the entrance to the development
• Areas of vegetation identified as having Very along Emu Creek Road and within the drainage
High Conservation Significance and reserve.
adjacent to the Creeks included in public
open space where possible.
• The siting of new open spaces in areas
where existing natural features such as
remnant vegetation, drainage lines or dams
can be incorporated and where there will be
high visibility from public and private land.
• Coherent tree planting schemes that define
the road hierarchy by consistent species
choice and which contribute to a distinctive
urban character.
Officer Response: Following the consultation meeting, a number of conversations have occurred
between the City and the proponent as to how the application could better address this requirement.

Subject to the amendments proposed in the recommendation, the application now addresses these
criteria appropriately.

Movement The proposed is located adjacent to an existing

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Ordinary Meeting - 21 March 2018

Development Plan Requirement: Development Plan Submission


(Applicant):
• The movement network must be generally residential area of Strathfieldsaye and has been
consistent with Plan 3: Transport and designed to enable a network for all users
Movement as contained in the including walking, cycling, motor vehicles and
Strathfieldsaye Township Plan, 2009 in public transport.
particular with regard to road hierarchy and
location, road and footpath widths and The street network has been designed to
landscaping. provide direct, safe and easy movement
• New access roads located and designed to throughout for all users. The existing street
incorporate the following characteristics as network (Emu Creek Road) will be utilised to
is practicable: provide access to the proposed allotments along
• Developed within existing road reserves. the street frontage.
• Following existing property boundaries. The new internal road network and pavements
• Located on cleared land. widths have been designed to meet the
• Following creeks and drainage lines but envisaged number of vehicles and will be
avoiding flood prone land. constructed to conform to Council standards and
will include concrete kerb and channel, sealed
• Located to maximise views to (as relevant):
roads and concrete footpaths. Streets will be
• Greater Bendigo National Park;
designed to achieve a safe environment for all
• Creeks and waterways; users, including 3 metre splays for all corner
• Areas of significant remnant vegetation; and lots.
• Public open space.
• Vegetation is to be incorporated into road Nature strips will have a width to accommodate
reserves where practical and cross overs footpaths, street tree planting, lighting and
located to minimise vegetation clearance. service utility needs. Engineering plans will be
• Provision of walking and cycling paths that submitted to Council for approval before works
are: commence including vehicle crossovers and
• Continuous and provide direct connections driveway grades.
with the network of local and regional level
open spaces or the Town Centre and other Footpaths will be provided throughout the site
key destinations. and street frontage to enable the ability to safely
• Located on existing road reservations, along walk or cycle through the development. These
waterways and incorporate viewing points, concrete footpaths will be incorporated
wherever possible. throughout the proposed development which will
• Designed to maximise public surveillance be suitable for use by pedestrians, including
and safety for a wide range of user groups. persons with limited mobility or prams and will
be constructed in accordance with the
requirements of Table C1 of Clause 56 of the
Planning Scheme, to the satisfaction of the
Responsible Authority.

The roads will be constructed to enable the


movement of public transport throughout. The
site has access to the Bendigo Public Transport
Network. In particular, Bus Route 70 operates
through Strathfieldsaye and along Bassett Drive
and terminates within the Strathfieldsaye
commercial centre which is located within 500
metres of the subject site.
Officer Response: The application appropriately addresses the requirements of the Planning
Scheme with respect to movement.

An agreed change to the Development Plan includes the deletion of the roundabout and the
provision of a shared walking/cycling path along the central boulevard at the entry point to the
estate.

With the recommended change, the proposal appropriately meets this requirement.

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Ordinary Meeting - 21 March 2018

Development Plan Requirement: Development Plan Submission


(Applicant):
Lot size, subdivision layout and design The proposed subdivision is within an existing
• Different urban densities separated by urban area of Strathfieldsaye and is contiguous
roads, drainage lines, creeks and other key with the surrounding established residential
features. area. Importantly, the subject site is zoned for
• Conventional housing lots primarily located residential development.
on cleared land and land with low
conservation significance native vegetation. Vegetation within the eastern portion of the site
• Lots to front creeks and open space areas will be largely retained. It is considered that the
and have rear access, where practical. preservation of this area of the site is a positive
• Lots located on streets aligned on a north- design response and will provide a natural
south or east-west axis to maximise solar barrier between the proposed subdivision and
efficiency where practicable and taking into the existing development further east of the site.
account native vegetation to be retained.
• Regular lot configurations which encourage The subdivision will accord with the existing and
dwellings to front Strathfieldsaye Road (but developing urban character within
without direct access), connector roads and Strathfieldsaye. In addition the proposed lots are
access streets. large enough to enable suitable landscaping to
• Larger lot sizes or other appropriate design enhance and contribute to the existing
responses for land fronting arterial and neighbourhood and streetscape character.
collector roads; roads located at high points
in the landscape or where significant Lots within this subdivision range in size from
roadside vegetation contributes to the 533 square metres and 8.2 hectares, with the
character of the landscape to maintain the average being 697 square meters. Three lots
spacious character of new neighbourhoods. will be created in the LDRZ and 116 will be
created in the GRZ which provides a net
• The avoidance of extensive networks of
residential density of 10 lots per hectare within
curvilinear roads and cul-de-sacs.
the GRZ.
• The avoidance of “battle axe” shaped lots
with small frontages.
These lots provide a housing density that
• Incorporation of large-scale water sensitive supports a compact and walkable
urban design (WSUD) systems as per the neighbourhood. In addition, the lots have been
drainage management plan. designed to enable good street frontage to
encourage community social interaction, as well
as promoting personal safety and property
security.

Strathfieldsaye has been indicated as an area of


urban growth. The housing densities proposed
meet Council’s strategic vision for the site and it
is submitted that the range of lot sizes from 533
square metres and 8.2 hectares, provide a
choice to suit a variety of dwelling and
household types.
Furthermore, all allotments are above 300
square metres and capable of containing a
rectangle building envelope with the dimensions
10m x 15m. The lots are also of appropriate size
and dimension to provide sufficient parking
facilities and private open space for a residential
dwelling.
Officer Response: The proposal appropriately addresses this requirement.

Physical infrastructure Coliban Water is the responsible authority for


• Common trenching of services, including the the provision of potable water and reticulated
provision of modern telecommunications sewer infrastructure. Each of the proposed lots
technology and facilities, such as broadband will be connected to potable water and to the
or fibre optic cabling. If it is not feasible to reticulated sewerage system in accordance with

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Ordinary Meeting - 21 March 2018

Development Plan Requirement: Development Plan Submission


(Applicant):
provide such technology in the first instance, Coliban Water’s requirements.
conduit is to be laid that can be retrofitted at
a future stage. Opportunities for reused and recycled water
• A Drainage management plan that treatment systems will be available to future
addresses flooding, waterway management, owners of the land to the satisfaction of the
on-site drainage detention, water quality, responsible authority.
nutrient control, Water Sensitive Urban
Design features, in particular the use of rain Stormwater run-off from the development will be
gardens rather than drainage swales and directed to the legal point of discharge to the
funding of the infrastructure works. satisfaction of the responsible authority. A
• A single style of street lighting, approved by drainage reserve is proposed within the north
Powercor, to be used within the western portion of the site. Spiire have prepared
Strathfieldsaye development plan area that drainage catchment plans and undertaken
utilises energy efficient technology such as drainage calculations. In addition, discussions
solar power or low energy globes. with Council’s subdivision Engineer (Peter
Brasier) have also occurred who has given his in
principle agreement.

Services will be designed and constructed to link


in with existing facilities. Reticulated water,
sewerage, electricity, gas and telephone
services will be connected to the newly created
allotments to the satisfaction of the relevant
authorities and shared trenching will be utilised
where appropriate.

Lastly, street lighting will be installed to meet the


relevant Australian Standards, and increase the
safety and surveillance to area at night. The
positioning of the street lights will be indicated
on the electrical plan, to be submitted with the
engineering design for the subdivision.
Officer Response: The proposal has made appropriate provision for physical infrastructure that is
consistent with the standards required for a subdivision of this scale.

Community infrastructure As an infill site there has been no provision


• Locations for potential Neighbourhood made within the subdivision for an activity centre
Activity Centres. as part of this development. The proposed
layout does however allow convenient access by
vehicle and/or pedestrians to existing activity
centres in the close proximity.

The subject site is supported by the


Strathfieldsaye commercial centre located
approximately 450 metres to the north west
which includes primary schools (i.e.
Strathfieldsaye and St Francis of the Fields
Primary Schools), recreation reserves, several
speciality shops, a supermarket and a medical
clinic. The subject site is also located within
proximity of recreation reserves.

The subdivision itself is designed to allow easy


movement through and between the
neighbourhood for all people.
Officer Response: The Township Plan does not identify that a Neighborhood Activity Centre is

PAGE 55
Ordinary Meeting - 21 March 2018

Development Plan Requirement: Development Plan Submission


(Applicant):
required in this instance.

Staging It is proposed to undertake the proposed


• A staging plan that takes into account any subdivision in 4 development stages.
transitional arrangements for management
of any buffer. A staging plan has been prepared by Spiire and
is identified on the proposed Plan of Subdivision.
Officer Response: The staging plan is acceptable.

Lot size, subdivision layout and design The subject site does not abut Strathfieldsaye
• Larger lot sizes fronting Strathfieldsaye Road, however larger lot sizes are provided (i.e.
Road and connector roads to encourage between 609 square metres and 872 square
generous front setbacks to create a sense of metres) along the Emu Creek Road frontage
spaciousness. which will enable sufficient space for generous
• Larger lots than the minimum lot size landscaping opportunities. A drainage reserve
permitted under the relevant zoning which will provide landscaping is also proposed
provisions where necessary to protect native along this frontage which will ensure the sense
vegetation identified as having high of spaciousness of this area of Strathfieldsaye is
conservation significance. maintained.

There is no minimum lot size specified in the


GRZ, however lot sizes vary between 533
square metres and 1,503 square metres which
is considered generous in an area zoned for
suburban development. Lot sizes in the GRZ are
typically smaller than those proposed.
Proposed lots within the LRDZ have been
designed in accordance with the minimum lot
requirements of the zone (i.e. 2 hectares). In
particular, the proposed lots which are located
within the eastern portion of the site, will
measure between 2 hectares and 8.2 hectares.
The proposed subdivision layout has been
designed to protect as much native vegetation
as possible. This is achieved through the
retention of a large portion of native vegetation
within the eastern site area, as well as the
designation of a first party offset site within this
area.
Officer Response: The application site (and Emu Creek Road for that matter), is not shown on the
plan as being a location where the ‘larger suburban lots/ frontage treatment’ necessarily applies.

The lots proposed to front Emu Creek Road under this permit are predominantly 18 and 20 metres
wide and 35 metres deep, which is narrower and not as deep as those opposite on Emu Creek
Road, though lots of this size accord with the ‘Suburban’ strategic vision for the General Residential
Zoned part of the site and the ‘Environmental Living A’ vision for the Low Density Residential.

Movement No direct access to the proposed development


• New access or service roads on site will be provided from Strathfieldsaye Road.
Strathfieldsaye Road to provide access to
new residential development adjoining this
road subject to any physical and traffic
engineering constraints being satisfactorily
addressed.
• Minimising access points from
Strathfieldsaye Road.

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Ordinary Meeting - 21 March 2018

Development Plan Requirement: Development Plan Submission


(Applicant):
Officer Response: As there is no access to Strathfieldsaye Road, this requirement is not applicable.

Can the lots be appropriately serviced, accessed (including consideration of impacts on


the broader road network) and meet the requirements of clause 56?

A part of processing an application for subdivision involves a mandatory referral to all


servicing authorities (with the exception of telecommunications). These referrals are
important when determining whether a site should be developed or not.

Each service has the power to either consent (with or without conditions), or object to the
granting of the permit. If a service, for example Coliban Water or Powercor were to
object to the permit (on the basis that the land cannot be serviced) Council would have to
refuse the application.

In this case, all servicing authorities consent conditionally to the granting of the permit.
The developer is required to construct and fund infrastructure that would become assets
for the respective services and this must occur with their full approval, inspection and
ultimate signoff.

With respect to access and impacts on the road network, the City’s Transport Engineer
conditionally consents to the proposal, subject to the requirements noted in the
recommended conditions, to meet the standards in the City’s Infrastructure Design
Manual.

Some concerns were raised by residents with respect to the traffic impacts as a result of
the proposal. These concerns related to noise and headlights from vehicles. The
proponent is working to address this concern directly with the affected property owner on
solutions to this amenity impact, with screening vegetation (provided at the proponent's
expense) a likely outcome to limit the impacts.

The requirements of Clause 56 apply to this subdivision. A response to the key


objectives is provided as follows.

Clause 56.02 Policy Implementation

The objective is to ensure the layout and design of a subdivision is consistent with and
implements any objective, policy, strategy or plan for the area set out in this scheme.

The proposed subdivision is consistent with strategic plans which apply to the area.

The Southern Loddon Mallee Regional Strategic Plan identifies that the majority of new
urban development will need to be contained within existing small towns and settlements
or designated growth areas.

It is considered that the site at Strathfieldsaye is suitably located and zoned for
residential development and is therefore consistent with the Southern Loddon Mallee
Regional Strategic Plan.

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Ordinary Meeting - 21 March 2018

In addition to the above, broad scale strategic plan; it is considered the proposal is
consistent with the Greater Bendigo Residential Strategy.

Clause 56.03-2 Activity Centre Objective

The objective is to provide for mixed-use activity centres, including neighbourhood


activity centres, of appropriate area and location.

The village centre of Strathfieldsaye (as it is designated by clause 21.07-1) is located


within 520 metres (as the crow flies at its closest point) of the site and can be
appropriately accessed through the existing road and developing pedestrian network.

The existing activity centre (for which the City has completed an Urban Design
Framework to guide its growth) is considered to be appropriately located to support the
future residential growth proposed by this subdivision.

The additional residential development will create a demand and promote the need for
additional commercial and community services growth.

Clause 56.04-1 Lot Diversity and Distribution Objectives

The objective is:


• To achieve housing densities that support compact and walkable neighbourhoods
and the efficient provision of public transport services.
• To provide higher housing densities within walking distance of activity centres.
• To achieve increased housing densities in designated growth areas.
• To provide a range of lot sizes to suit a variety of dwelling and household types.

The subdivision will create a maximum of 119 lots that range in size between 533 to
1,503 square metres (in the part of the site zoned General Residential) with an average
size of 697 square metres; and 2 hectares to 8.21 hectares for the 3 lots proposed in the
Low Density Residential Zone.

The subdivision does not provide for diversity as they are generally conventional in size
and would facilitate detached, single dwellings comfortably. Should community needs
change in the future; some lots (for example corner lots, of which there are 21) may be
suitable for further subdivision and dwellings.

Whilst the proposal could be improved with greater diversity in lot sizes, the proposal has
been assessed as being acceptable.

Clause 56.05-1 Integrated Urban Landscape Objectives

The objective is:


• To provide attractive and continuous landscaping in streets and public open spaces
that contributes to the character and identity of new neighbourhoods and urban
places or to existing or preferred neighbourhood character in existing urban areas.

PAGE 58
Ordinary Meeting - 21 March 2018

• To incorporate natural and cultural features in the design of streets and public open
space where appropriate.
• To protect and enhance native habitat and discourage the planting and spread of
noxious weeds.
• To provide for integrated water management system and contribute to drinking water
conservation.

The proposed subdivision will result in the creation of a number of local roads that will be
linked to the broader road network by Emu Creek Road.

A concept landscape plan has been prepared to accompany the application that
indicatively shows the types of street trees to be planted within each part of the site, as
well as how the drainage reserve/open space area will look. Existing and proposed road
reserves will be landscaped utilising a mixture of native plant species, creating a visually
attractive vegetated network.

Detailed landscape plans will be required to be submitted to the City of Greater Bendigo
prior to each stage of the subdivision.

An integrated water management system will be designed for the subdivision to ensure
the quality and quantity of water run-off meets the relevant required standards and will
not have an adverse impact on the broader area.

Clause 56.07-4 Urban Run-Off Management Objective

The objective is:


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

Stormwater run-off from each new allotment will be directed to a legal point of discharge;
with larger rain events catered for by the drainage reserve and road network. Stormwater
discharge from the site will ultimately outfall to Emu Creek.

The applicant was required to prepare a drainage strategy to demonstrate that the
subdivision will not have impacts downstream of the development site.

All detailed stormwater design will be required to be to the satisfaction of the City of
Greater Bendigo's Engineers.

The provision of open space:

The issue of open space is an important one to be considered with subdivision


applications. This issue was also an important issue to residents, as noted in their
submissions. The position of officers on this issue has evolved over the course of
consideration of the submissions received and the Draft Public Space Plan.

PAGE 59
Ordinary Meeting - 21 March 2018

The officer position initially was that this subdivision should not provide open space. The
reason being that land on the opposite side of Emu Creek Road is also in a General
Residential Zone, although much of the land towards Emu Creek itself is unlikely to be
developed as there would be a development setback of at least 30 metres to the creek.
The effect would be that as that land developed, so would an open space/creek corridor
that future residents of this subdivision would benefit from.

In addition to the proposed open space/creek corridor, works under a future permit on
that side of Emu Creek would include a developer funded bridge to link the open space
corridor to the playground at 5 Clydebank Court.

In response to resident submissions, the findings of the Draft Public Space Plan and the
willingness of the proponent to work with City officers, a better, more immediate
response to the open space needs of future residents will be provided in the initial stage
of the subdivision.

The detail of the open space treatment will be subject to detailed design, however the
proponent has prepared the concept below as an illustration as to how the drainage
reserve can be treated so as to have a dual purpose.

This has led to a reconfiguration of a number of lots, to include lots that will have better
amenity by having direct frontage to this reserve. The agreement to provide for open
space is the reason why the recommendations require that the Development Plan be
amended and endorsed and this will be followed by the issuing of the permit.

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Ordinary Meeting - 21 March 2018

Figure 9: Drainage reserve/open space concept plan.

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Ordinary Meeting - 21 March 2018

Conclusion

The Development Plan, subject to the amendments noted below is satisfactory, and the
permit application represents an acceptable outcome, subject to conditions, having due
regard to the requirements of the Planning Scheme

Options

Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: approve the Development Plan and Permit (with amendments as
recommended), approve the Development Plan and Permit (with other amendments as
Council sees fit) or refuse to approve the Development Plan and Planning Permit.

Attachments

• Submissions

Proposed Planning Permit Conditions

1. PLAN REQUIRED
Before the subdivision is certified, 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
and must not be altered without the prior written consent of the responsible
authority. The plans must be drawn to scale with dimensions and two copies
must be provided. The plans must show:
(a) Changes to the plan of subdivision accord with the approved Development
Plan; and
(b) Changes to the Bushfire Management Plan (referred to in condition 19(b))
to accord with the approved Development Plan.

2. LAYOUT MUST NOT BE ALTERED


The layout of the subdivision as shown on the endorsed plans must not be
altered without the written consent of the responsible authority.

3. STAGING PLAN
Before a statement of compliance is issued for the first stage of the subdivision
a staging plan to the satisfaction of the responsible authority must be submitted
to and approved by the responsible authority.

4. ORDER OF STAGES
The subdivision of the land must proceed in the order of stages as shown on
the endorsed plan except with the written consent of the responsible authority.

5. DESIGN GUIDELINES
Prior to the certification of the plan of subdivision, design guidelines to the
satisfaction of the Responsible Authority for all lots that adjoin or have an
abuttal the drainage/open space reserve must be submitted to and approved by
the Responsible Authority. The guidelines must include (but not be limited) to
provide for the following:

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Ordinary Meeting - 21 March 2018

• no or low/ transparent fencing; and


• a primary dwelling frontage orientated towards the reserve.

When approved, the design guidelines are an endorsed document under the
Planning Permit and must be registered on title in either the form of
Memorandum of Common Provisions pursuant to Section 91A of the Transfer of
Land Act, 1958; or an alternate restriction registered on title to the satisfaction
of the Responsible Authority.

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

7. COMPLETION OF LANDSCAPING
Before a statement of compliance is issued for each stage of the subdivision the
landscaping works shown on the endorsed must be carried out and completed
for that stage to the satisfaction of the responsible authority.

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

9. PUBLIC OPEN SPACE CONTRIBUTION


(a) Before a statement of compliance is issued the applicant or owner must
pay to the responsible authority a sum equivalent to a maximum of 5% of
the site value of all the land in the subdivision.
(b) The 5% sum includes a contribution-in-kind/credit for the unencumbered
additional open space provided as well as the developer funded works
related to the dual purpose drainage and open space reserve

10. DETAILED DRAINAGE


Prior to the certification of the plan of subdivision under the Subdivision Act
1988, plans to the satisfaction of the responsible authority must be submitted to
and approved by the responsible authority. When approved, the plans will be
endorsed and then will form part of the permit. The plans must be drawn to
scale with dimensions. The plans must include:
(a) Direction of stormwater run off
(b) A point of discharge for each lot;
(c) Independent drainage for each lot.
(d) Documentation must be provided demonstrating approval from the
relevant authority for the point of discharge.
(e) Stormwater quality
(f) Stormwater detention
(g) Drainage easements

11. CONSTRUCTION OF WORKS


Road works, drainage and other civil works must be constructed in accordance

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Ordinary Meeting - 21 March 2018

with the Infrastructure Design Manual and plans and specifications approved by
the responsible authority and must include:
(a) Fully sealed pavement with kerb and channel;
(b) Paved footpaths;
(c) Underground drainage;
(d) Underground conduits for water, gas, electricity and telephone;
(e) Appropriate intersection and traffication measures; and
(f) Appropriate street lighting and signage.

Emu Creek Road


(a) Construct eastern carriageway to collector street level 1 standard;
(b) 1.5m on-road bike lane on eastern carriageway;
(c) 1.5m concrete shared footpath;
(d) Type BAR right turn treatment in Emu Creek Road at the entrance to the
subdivision in accordance with Clause 7.7.1, Austroads Guide to Road
Design Part 4A.
(e) Type BAL left turn treatment in Emu Creek Road at the entrance to the
subdivision in accordance with Clause 8.3.1, Austroads Guide to Road
Design Part 4A.
(f) underground drainage; and
(g) Appropriate street lighting and signage.

12. DECORATIVE LIGHTING


The decorative lighting style is to be consistent with any adjacent decorative
lighting. The Responsible Authority shall determine decorative lighting styles
where conflicts arise. The applicant shall submit for approval full details of any
proposed decorative lighting to the Responsible Authority prior to
commencement of works. All decorative lighting must be low energy. Prior to
the issue of the statement of compliance the applicant will make payment to the
Responsible Authority in accordance with Table 15 of the Infrastructure Design
Manual”

13. PUBLIC ASSETS


Before the subdivision starts the 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.

14. 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. The plan must include:
(a) A site specific plan showing proposed erosion and sedimentation control
works.
(b) Techniques and intervention levels to prevent a dust nuisance.
(c) Techniques to prevent mud and dirt being transported from the site to

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Ordinary Meeting - 21 March 2018

adjacent streets.
(d) The protection measures taken to preserve any vegetation identified for
retention.

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

15. COLIBAN WATER


(a) The owner is required to provide reticulated water and sewerage services
to each of the lots within the subdivision and comply with any requirements
arising from any effect of the proposed development on Coliban Water
assets. Services are to be provided in accordance with our specifications.
(b) All Coliban Water assets within the subdivision, both existing and
proposed, are to be protected by an easement in favour of Coliban Region
Water Corporation.
(c) The developers appointed consultant must liaise with Coliban Water prior
to a submission for the provision of piping the Emu Valley 2 Channel
(d) The developer will be responsible to meet the costs of connecting the
property on Bakers Lane to the Eppalock Pipeline; this is a result of the
channel being piped outside of the property boundary.

16. POWERCOR
(a) The plan of subdivision submitted for certification under the Subdivision Act
1988 shall be referred to Powercor Australia Ltd in accordance with
Section 8 of that Act.
(b) The plan of subdivision submitted for certification under the Subdivision Act
1988 shall be referred to Powercor Australia Ltd in accordance with
Section 8 of that Act.
(c) The applicant shall:- Provide an electricity supply to all lots in the
subdivision in accordance with Powercor’s requirements and standards,
including the extension, augmentation or re-arrangement of any existing
electricity supply system, as required by Powercor (A payment to cover the
cost of such work will be required). In the event that a supply is not
provided the applicant shall provide a written undertaking to Powercor
Australia Ltd that prospective purchasers will be so informed.
(d) Where buildings or other installations exist on the land to be subdivided
and are connected to the electricity supply, they shall be brought into
compliance with the Service and Installation Rules issued by the Victorian
Electricity Supply Industry. You shall arrange compliance through a
Registered Electrical Contractor.
(e) Any buildings must comply with the clearances required by the Electricity
Safety (Installations) Regulations.
(f) Any construction work must comply with Energy Safe Victoria’s “No Go
Zone” rules.
(g) Set aside on the plan of subdivision for the use of Powercor Australia Ltd
reserves and/or easements satisfactory to Powercor Australia Ltd where
any electric substation (other than a pole mounted type) is required to
service the subdivision. Alternatively, at the discretion of Powercor
Australia Ltd a lease(s) of the site(s) and for easements for associated
powerlines, cables and access ways shall be provided. Such a lease shall

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Ordinary Meeting - 21 March 2018

be for a period of 30 years at a nominal rental with a right to extend the


lease for a further 30 years. Powercor Australia Ltd will register such
leases on the title by way of a caveat prior to the registration of the plan of
subdivision.
(h) Provide easements satisfactory to Powercor Australia Ltd, where
easements have not been otherwise provided, for all existing Powercor
Australia Ltd electric lines on the land and for any new powerlines required
to service the lots and adjoining land, save for lines located, or to be
located, on public roads set out on the plan. These easements shall show
on the plan an easement(s) in favour of "Powercor Australia Ltd" for
“Power Line” pursuant to Section 88 of the Electricity Industry Act 2000.
(i) Obtain for the use of Powercor Australia Ltd any other easement external
to the subdivision required to service the lots.
(j) Adjust the position of any existing easement(s) for powerlines to accord
with the position of the line(s) as determined by survey.
(k) Obtain Powercor Australia Ltd’s approval for lot boundaries within any area
affected by an easement for a powerline and for the construction of any
works in such an area.
(l) Provide to Powercor Australia Ltd, a copy of the version of the plan of
subdivision submitted for certification, which shows any amendments
which have been required.

17. DOWNER UTILITIES


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

18. TELECOMMUNICATIONS
(a) The owner of the land must enter into an agreement with:
• A telecommunications network or service provider for the provision of
telecommunication services to each lot shown on the endorsed plan in
accordance with the provider’s requirements and relevant legislation at
the time.
• A suitably qualified person for the provision of fibre ready
telecommunication facilities to each lot shown on the endorsed plan in
accordance with any industry specifications or any standards set by
the Australian Communications and Media Authority, unless the
applicant can demonstrate that the land is in an area where the
National Broadband Network will not be provided by optical fibre.
(b) Before the issue of a statement of compliance for any stage of the
subdivision under the Subdivision Act 1988, the owner of the land must
provide written confirmation from:
• A telecommunications network or service provider that all lots are
connected to or are ready for connection to telecommunications
services in accordance with the provider’s requirements and relevant
legislation at the time.
• A suitably qualified person that fibre ready telecommunication facilities
have been provided in accordance with any industry specifications or
any standards set by the Australian Communications and Media
Authority, unless the applicant can demonstrate that the land is in an
area where the National Broadband Network will not be provided by
optical fibre.

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Ordinary Meeting - 21 March 2018

19. COUNTRY FIRE AUTHORITY


Mandatory Condition - Subdivision
(a) Before the statement of compliance is issued under the Subdivision Act
1988 the owner must enter into an agreement with the responsible
authority under Section 173 of the Planning and Environment Act 1987.
The agreement must:
• State that it has been prepared for the purpose of an exemption from a
planning permit under Clause 44.06-2 of the Greater Bendigo Planning
Scheme.
Bushfire Management Plan
(b) The Bushfire Management Plan (Drawing No: 304122-BMP-V2, dated
27/6/2017, Sheet 2 of 2 contained at Appendix 2 of the Bushfire
Management Statement) must be endorsed to form part of the permit, be
included as an annexure to the section 173 agreement and must not be
altered unless otherwise agreed in writing by the CFA and the responsible
authority.

20. DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING


Notification of permit conditions
(a) Before works start, the permit holder must advise all persons undertaking
the vegetation removal and works on site of all relevant conditions of this
permit.
Protection of vegetation to be retained
(b) Before works start, a protection fence must be erected around all native
vegetation to be retained within 15 metres of the works area. This fence
must be erected at a minimum of:
12 times the diameter of the tree trunk at 130 cm above ground level (to
a maximum distance of 15 metres) but no less than 2 metres from the
base of the trunk, and
2 metres from remnant patches of native vegetation.
(c) The protection fence must be constructed of star pickets and paraweb or
similar to the satisfaction of the Department of Environment, Land, Water
and Planning. The protection fence must remain in place at least until all
works are completed to the satisfaction of the department. Except with the
written consent of the department, none of the following may occur within
this area:
• Vehicular or pedestrian access, trenching or soil excavation
• Storage or dumping of tools, equipment or waste construction of entry
and exit pits for underground services.
Native vegetation offsets
(d) In order to offset the removal of 6.351hectares of native vegetation
(including 1 scattered tree) 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 2.460 general biodiversity equivalence units;

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Ordinary Meeting - 21 March 2018

• Be located within the North Central Catchment Management Authority


boundary or Greater Bendigo municipal district; and
• Have a strategic biodiversity score of at least 0.565.
The offset or offsets must contribute gain of:
• 1.510 specific biodiversity equivalence units of suitable habitat for Dark
Wire-grass (503630- Aristida calycina var. calycina)
Offset evidence
(e) Before any native vegetation is removed, evidence that an offset has been
secured must be provided to the satisfaction of the responsible authority.
This offset must meet the offset requirements set out in this permit and be
in accordance with the requirements of the Permitted clearing of native
vegetation – Biodiversity assessment guidelines and the Native vegetation
gain scoring manual. Offset evidence can be either:
• A credit register extract from the Native Vegetation Credit Register; or
• A security agreement, to the required standard, for the offset site or
sites, including a 10-year offset management plan to the satisfaction of
the Department of Environment, Land, Water and Planning and
approved by the Responsible Authority. Every year, for ten years, after
the responsible authority has approved the offset management plan,
the applicant must provide notification of the management actions
undertaken towards implementing the offset management plan, to the
department. An offset site condition statement, including photographs
must be included in this notification.

21. EXPIRY OF THE PERMIT - STAGED SUBDIVISION


This permit will expire unless:
(a) All stages of the approved subdivision have been certified within five years
of the date of this permit;
(b) Any stage of the approved subdivision is not completed within five years of
the certification of the plan of subdivision under the Subdivision Act 1988;
or
The responsible authority may extend the time for certification of a plan of
any stage of the subdivision if a request is made in writing before the
permit expires, or thereafter, within the period allowed by section 69 of the
Planning and Environment Act 1987.

Department of Environment, Land ,Water and Planning Note:

To assist applicants in meeting their permit condition requirements, the ‘Meeting permit
conditions – third party offsets’ (2015) fact sheet and the ‘First party general offset kit
(ver1.1)’ are available. Please visit
https://www.environment.vic.gov.au/nativevegetation/native-vegetation for further
information.

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3. WELLBEING AND FAIRNESS

3.1 ENDORSEMENT OF THE DRAFT GREATER BENDIGO PUBLIC


SPACE PLAN FOR PUBLIC DISPLAY

Document Information

Author Mark Stubbs, Senior Strategic Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth

Purpose

The purpose of this report is to provide an overview of the draft Greater Bendigo Public
Space Plan (draft Public Space Plan) and the process to create it, as well as to obtain
Council endorsement of the draft Plan for public display and comment.

Summary

The draft Greater Bendigo Public Space Plan has been produced as a long-term strategy
to shape the future of public space in our city.

The broad direction, strategies and actions contained within the document reflect a
substantial process of research, analysis, and conceptual visioning over several project
stages, each of which has entailed a high level of consultation.

Oversight of the development of the Public Space Plan is being provided by a Steering
Group made up of representatives of the City of Greater Bendigo (three Councillors and
four Directors), and several key government and other organisations, as well as a
community-based Reference Group comprising twelve residents from various parts of
the municipality with wide-ranging interests in public space. Specialist peer advice to the
project is being provided by the Victorian Design Review Panel of the Office of the
Victorian Government Architect.

Subject to Council endorsement of the draft Public Space Plan, a public display and
engagement period will be commenced in late March with the aim to promote community
awareness of the strategy and to encourage input. During this time, an implementation
framework to support the delivery of the draft Public Space Plan will be developed
collaboratively and also made available for public comment.

The draft Public Space Plan will then be finalised for adoption by Council by the end of
the 2017/18 financial year.

RECOMMENDATION

That the Greater Bendigo City Council resolve to:

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1. Endorse the draft Greater Bendigo Public Space Plan (the Public Space Plan).

2. Commence public display of the draft Public Space Plan for a period of six weeks to
help refine all aspects of the strategy through a process of agency and community
engagement and input.

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

Policy Context

Community Plan Reference:

Goal 2 Wellbeing and fairness

Objective 1.5 Promote positive wellbeing across the Greater Bendigo community

2017-2018 Action Complete the Public Space Strategy and commence implementation

Regional Strategic Plan Reference:

Principle 6 of the Loddon Mallee South Regional Growth Plan - Protect and enhance our
natural and built environment – is strongly supported by various strategies within the
draft Public Space Plan.

Rural Communities Strategy (Issues and Impacts):

The rural communities of Greater Bendigo, in particular the small towns, are reflected in
the draft Plan. Recommendations are provided for each town precinct, drawing on a
range of sources including Community Plans, other relevant strategies and the broader
objectives of the draft Public Space Plan. The public display process will provide the
opportunity for small town public space recommendations to be reviewed and developed
further if required through direct local involvement.

Background Information

Replacing the 2005 Open Space Strategy and the 2009-2014 Play Space Strategy, the
Greater Bendigo Public Space Plan is being developed as a long-term strategy to guide
the coordinated planning, design, use and management of the city’s public spaces in the
interest of supporting the broader objective of our city’s liveability.

The Public Space Plan project has progressed to an advanced stage – the preparation of
a draft Plan for public display and comment. Stage one, completed in August 2016,
sought to provide a comprehensive understanding of the major strategic public space
issues of our city, and did so through a process of wide-ranging consultation, research,
analysis and documentation. The Greater Bendigo Public Space Plan - Strategic
Context and Issues Report was the product of this stage.

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The second stage of the project had a very different goal – the creation of a conceptual
vision for public space in Greater Bendigo, looking ahead 50 years. In October 2016, the
community and agencies were invited to contribute to the development of the conceptual
vision via a 2.5-day workshop and online survey; the draft conceptual vision which
emerged was subsequently developed further and released for public comment in
January-February 2017. The Greater Bendigo Public Space Plan Conceptual Vision was
endorsed by Council in April 2017 and authorisation was given to develop the draft
Public Space Plan which is the subject of this Report.

Previous Council Decision(s) Date(s):

September 2015 – Council workshop briefing to discuss and agree on the scope of the
Public Space Plan project.

August 2016 – Endorsement of the draft Strategic Context and Issues Report and
Summary Report as a sound basis to progress the project and approval to release the
report for public comment.

December 2016 – Approval to continue community engagement for the project, including
release of the Conceptual Vision for public comment.

April 2017 – Endorsement of the Conceptual Vision for the Greater Bendigo Public
Space Plan and associated public notification. Begin to prepare the draft Public Space
Plan.

Report

The public spaces of Greater Bendigo are an essential, influential and enduring aspect of
the city and of life in it. The draft Greater Bendigo Public Space Plan has been drafted
with the broad aim to reflect and parallel this significance by establishing a forward-
looking and lasting strategy – one that with appropriate interim review is set in place and
committed to as the basis of public space planning direction over many decades.

The draft Public Space Plan is broad-reaching in its response to various major public
space influences and issues – everything from increasing population and urbanisation to
the impacts of a changing climate. Its strategies are also responsive to a consistent
picture of community interests regarding public space that has emerged through project-
related engagement as well as from the findings of consultation for other projects.

The strategies of the draft Public Space Plan aim to reflect a mix of aspiration and
practicality, addressing the need for opportunities to deliver beneficial change within the
short to medium term whilst working within a much broader and longer-term framework.
Accordingly, some strategies are complex, large, and in certain cases transformative in
their outlook. Larger timeframes, sometimes measures in several decades, will be
needed to progress these kinds of strategies, piece-by-piece. There are numerous place-
specific strategies with great variety in their nature, scale, complexity and cost.

Various adopted strategies of the city are also significant in the context of public space.
The draft Public Space Plan aims to align with and complement these strategies. For
example the recommendations of the 2016 Environment Strategy in relation to the

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Bendigo Creek and to water management, or the recommendations of the 2014


Residential Strategy regarding areas of future housing development.

The draft Public Space Plan includes, and is structured according to, the following major
elements, each of which has a particular purpose:

Part 1: Introduction and The context for public space planning in Greater
context Bendigo including a summary of the major issues we
are facing and community expectations. This part also
includes a snapshot of the overall plan.
Part 2: City-shaping public The major public space strategies which will most
space strategies significantly shape the physical form and landscape of
Greater Bendigo, and help to reinforce Greater
Bendigo’s public space identity and uniqueness.
Part 3: Strategies to shape The strategies which for crucial aspects of public
our public spaces space in Greater Bendigo – activation, water,
biodiversity, heritage, sports and play spaces, and how
we fund and manage our spaces.
Part 4: Precinct plans The public space strategies for individual public
spaces in different communities across the
municipality. Must be read in conjunction with parts 2
and 3.
Part 5: Appendices Supporting details not essential to have in the main
document.

The following examples are provided to give a sense of some of the draft Public Space
Plan’s scope in summary form:

Strategy topic Overview of strategies Ref.


Protect and enhance Ensure that these high-profile spaces of municipal p.23
our major historic and regional significance are appropriately planned,
and contemporary managed, resourced and optimised for community
parklands benefit.
Creating a city of Increase the abundance of shade by increasing tree p.25
shade and filtered cover in our town centres, open spaces and streets,
light adding more verandahs and awnings to public and
private buildings, and providing shade for play
spaces and around sports fields.
City in a forest Improve and transform the forest interface with a p.33
range of management and urban design changes to
fit conditions in each local area.

Strengthen our connection with the forest with major


public space-based links from/to the urban areas,
marked entry points, restoration of the Bendigo
Bushland Trail and continued promotion of forest
heritage and values.
People-focussed Progressive changes to the urban design of town p.37 &
centres and walkable centres to create better environments for people and p.41
neighbourhoods business, such as wider footpaths, pedestrian-only
or shared zones in suitable areas, making better use

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of street corner space, designing streets for safer


crossing and adding more pedestrian amenities,
trees and landscaping.

Create more walkable streets in our communities


with gradual improvements such as adding and/or
widening footpaths, reducing excessive areas of
asphalt, safer street crossings on major and minor
roads, and planting more street trees.
Network of corridors Expand the system of shared paths into a network of p.37
corridors combining different kinds of public spaces
– parks, streets, creek lines, easements, rail lines –
to connect neighbourhoods and communities, and
provide a city-wide recreational and movement
resource. The corridors will incorporate not only the
pathways, but other important attributes such as
seating, trees and landscaping, transport separation
and traffic control, and appropriate-design of private
development on adjoining land.
Quality public space Focus investment in key public spaces to optimise pp.
their overall net community and environmental 51-53
benefit.
Introduce a hierarchy to guide the provision of,
improvement of and service standards for public
open spaces. Align the hierarchy with hierarchies for
organised sport and play spaces.
Public spaces and Coordinate the planning of the recycled water pp.
water network to support irrigation and water access in 51-52
targeted public spaces.
Improve integration and design of drainage-related
infrastructure (e.g. retarding basins, overland flow
paths) to support public space use and amenity.
Conservation of Identify and preserve public spaces dedicated pp.
biodiversity in public primarily to the purpose of conservation and ensure 55-56
spaces these areas are sufficiently large enough to
effectively support biodiversity.
Enhance biolinks by preserving two major breaks
within the urban area, vegetating the public space
corridors network, increasing the urban forest, and
retaining vegetation in undeveloped road reserves.

Public space funding Achieve a fairer balance of public space investment, pp.
and management both geographically across communities and by type 81, 85
(e.g. road infrastructure compared to walking/cycling & 87
infrastructure).
Purchase strategic sites for public space and
prioritise the open space reserve fund for this
purpose.
Consider establishing a dedicated funding stream for

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Ordinary Meeting - 21 March 2018

public space investment and an advisory committee


to provide strategic guidance and monitoring of
public space strategy delivery.

Priority/Importance:

High priority – the 2005 Open Space Strategy and 2009 Play Space Strategy are both
overdue to be replaced by a contemporary strategy.

Options/Alternatives:

Council has the option of endorsing the draft Public Space Plan for public display as
presented, or with any changes or clarifications that it considers are required. The option
to not proceed further at this time is also available.

Timelines:

The Greater Bendigo Public Space Plan project commenced in November 2015 and is
due to be completed by July 2018.

Progress:

The development of the draft Public Space Plan represents completion of Stage 3 of the
project. Stage 4 involves the public display and finalisation process, which will involve
the following main steps:

Activity Planned timing


Public display and engagement period Late March – early May 2018
Steering Group and Community Late May 2018
Reference Group meetings
Council briefing Early July 2018
Council meeting Late July 2018

Risk Analysis:

Certain strategies the draft Public Space Plan may be regarded by some as sensitive or
controversial. For example, recommendations in relation to the urban area and forest
interface or regarding the identification of some existing public spaces for investigation.
It is essential that communications on these topics qualify the high level nature of these
strategies and that in most cases, progressing the recommendations will be subject to
more specific analysis and community consultation.

Consultation/Communication

Internal and External Consultation:

A good deal of the content of the draft Public Space Plan was informed by and some
cases the direct product of staff collaboration. From late May to early June 2017, twenty
working sessions were held, each focussing on a particular thematic element of the

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strategy. They included staff from across the City of Greater Bendigo as well as agencies
and organisations such as the Country Fire Authority, Coliban Water, the Department of
Environment, Land, Water and Planning (DELWP), Remembrance Parks Central
Victoria, Public Transport Victoria and VicRoads.

A five-week period during November-December 2017 was also provided for internal
feedback on the draft Public Space Plan.

Most recently, the draft Public Space Plan was presented to and discussed with the
Executive Management Team, the project Steering Committee and the Community
Reference Group.

Feedback from all of these groups has been considered and appropriately reflected in
the content of the strategy.

The opportunity will be taken to continue the involvement of the Design Review Panel of
the Office of the Victorian Government Architect in the peer review of the Greater
Bendigo Public Space Plan project. A review session will be sought during or
immediately following the public display period. Advice received will be considered and
reported to Council.

Next Steps

Public engagement in the draft Public Space Plan will be the focus of the next and final
stage of the project. Our main aim will be to raise public awareness of its various
strategies and to encourage feedback to help refine and improve the final version of the
document to be considered by Council for adoption.

Notable aspects of the planned community engagement process are as follows:

• A recommended display period of six weeks, reflecting the significance of the strategy
and its city-wide scope, as well as the size and complexity of the document itself
(noting that most community members and agencies will have specific areas of
interest, rather than a general overall interest).
• Availability of a summary version of the draft Public Space Plan in addition to the full
version.
• Online and hard copy access (Council offices, local library branches, all post offices,
as well as other selected venues).
• A series of local area display/information sessions (aligned with the precincts).
• Direct notification of landowners and occupiers likely to be affected by potential public
space acquisitions and sales.

During the public display period, work will be undertaken concurrently to develop a draft
Implementation Framework to explain and guide delivery of the actions identified in the
Public Space Plan.

Resource Implications

Budget Allocation in the Current Financial Year: $18,000

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External Funding Sources: None.

Projected costs for future financial years:

Cost estimates associated with the strategies of the Public Space Plan have not yet been
prepared, however the completion of cost estimates is specified as an action. The broad
nature, and sometimes large scope, of strategies means that cost estimates will be high
level and indicative only.

Attachments

1. Attachment 1 – Greater Bendigo Public Space Plan - Parts 1-3


2. Attachment 2 – Greater Bendigo Public Space Plan - Parts 4-5
3. Attachment 2 – Greater Bendigo Public Space Plan - Summary Guide

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3.2 COMMUNITY ACCESS AND INCLUSION PLAN 2015-2018


PROGRESS REPORT

Document Information

Author Steven Abbott, Manager Community Partnerships

Responsible Vicky Mason, Director Health and Wellbeing


Director

Purpose

This report provides an annual progress report on the implementation of the Community
Access and Inclusion Plan (2015-2018).

Summary

The Community Access and Inclusion Plan (2015-2018) (CAIP) aims to ensure the City
is working towards its liveability commitments by improving the physical and social
environment for all community members including people with a disability. Upon
endorsement, Council requested annual progress reports to ensure the CAIP is
responding to its objectives and actions are being achieved. This report details that of the
34 actions in the CAIP; 26 have been completed, four are in progress, three are still to
commence, and one is not proceeding.

Significant achievements have included:


• State Government funding of $100,000 for a Changing Place in the Bendigo CBD.
• Holding the Our Choice Disability Expo at the Bendigo Exhibition Centre in
partnership with VALiD.
• Completion and launch of Marveloo Central Victoria a mobile accessible adult change
facility for people with high needs.
• The Public Toilet Strategy addressing the need for future Changing Places locations
across Greater Bendigo.
• Continued funding for the Inclusive Towns project, a disability friendly business
program, to be delivered on sub regional basis with Loddon and Mount Alexander
Shires in 2018.

It is expected that all actions will be completed by the end of the Plan in June 2018.

RECOMMENDATION

That Council acknowledge the progress against the actions set out in the Community
Access and Inclusion Plan 2015-2018.

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

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Policy Context

City of Greater Bendigo Community Plan 2017-2021:


Goal 2 Wellbeing and fairness

Objective 2.4 Support participation and development for residents of all ages and
abilities.

Background Information

The CAIP 2015-2018 responds to the City’s 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.

This is the City’s fourth CAIP since 2001 which investigates and responds to the access
and inclusion issues and barriers people with a disability face when being included in our
community. The CAIP has four objectives focused on the City responding to legislative
requirements under the Act, these being:
• Reduce barriers to a person with a disability accessing goods, services and facilities,
• Reduce barriers to a person with a disability obtaining and maintaining employment,
• Promote inclusion and participation in the community of persons with a disability; and
• Achieve tangible changes in attitudes and practices that discriminate against persons
with a disability.

According to 2015 Survey of Disability, Ageing and Carers approximately 20,456


residents (18.3%) of the City’s growing population has some form of disability with
approximately 6,483 having a severe or profound disability.

Previous Council Decision(s) Date(s):

10 June 2015 - Community Access and Inclusion Plan 2015-2018 adopted


15 February 2017 – Progress report on the implementation of the Community Access
and Inclusion Plan 2015-2018 acknowledged

Report

This report provides an update concerning the City’s progress in achieving the objectives
of the CAIP and its 34 related actions. Overall 26 actions have been completed, four are
in progress, three are yet to commence, and one is not proceeding.

Key achievements in the report period:


• Holding the Our Choice Disability Expo at the Bendigo Exhibition Centre in March
2017 in partnership with VALiD.
• The City was successful in being one of the three places to receive $100,000 State
Government funding for a Changing Place. The Changing place responds to the
needs of people with high needs and will be located at the Hargreaves Street
Multistorey Carpark.

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• The Marveloo Central Victoria, a mobile accessible adult change facility, was
launched on January 25, 2018 and trialled during the Australia Day Celebrations at
Lake Weeroona. Marveloo is now available for hire by other local governments,
business and community agencies.
• With renewed Federal funding via the National Disability Insurance Scheme, the
Inclusive Towns project, a disability friendly business program, is being delivered on
sub regional basis with Loddon and Mount Alexander Shires in 2018.
• The Public Toilet Strategy specifically identifies the need for more Changing Places
locations in the future. Recommendations for future locations include the Heathcote
Visitor Information Centre and Strathdale Park.

A full progress report on the 34 actions can be found in Attachment One.

Priority/Importance:

Development of the CAIP and reporting procedures are mandatory under the Victorian
Disability Amendment Act 2012.

Options/Alternatives:

No other options or alternatives were considered as the City of Greater Bendigo has a
legislative requirement to develop and implement a Disability Action Plan which the CAIP
incorporates.

Timelines:

This is the final year of the CAIP’s implementation which concludes in June 2018. The
CAIP will then be reviewed and renewed with a draft update prepared in 2018.

Risk Analysis:

It is a legislative requirement that the City has a Disability Action Plan and reports on
implementation in the Annual Report. The City must also act in accordance with the
Disability Discrimination Act 1992 and the Victorian Charter of Human Rights and
Responsibilities Act 2006 to ensure there is no discrimination based on disability in any
of its functions, services or corporate framework. Failure to have a Disability Action Plan
will put the City at risk of non-compliance with these legislative frameworks and increase
potential for discrimination and practices that do not advance access and inclusion as
required.

People with a disability do not have the same opportunities as other citizens and
subsequently are disadvantaged in a number of ways. The CAIP outlines the City’s
responsibility to address barriers created by attitudes, practices and structures which
limit opportunities for people with a disability to fully participate in life. Risks associated
with not implementing the CAIP include:
• The needs of people with a disability will not be met and therefore the City may
indirectly exclude people from their right to participation in the community,
• New or modified facilities not being compliant with the Disability (Access to Premises
– Buildings) Standards 2010,
• Persons with a disability unable to obtain and maintain employment with the City,

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• Persons with a disability not included in local activities coordinated by the City due to
negative attitudes, assumptions and barriers not addressed; and
• City staff may discriminate, whether consciously or unconsciously, on the basis of
disability.

Consultation/Communication

Extensive community consultation was undertaken for the development of the CAIP.
Throughout the implementation phase, certain actions continue to require community
consultation. The level and extent of consultation varies according to each action.

A summary of the CAIP’s progress was presented to the Disability Inclusion Reference
Committee at its January 2018 meeting. The Disability Inclusion Reference Committee
members acknowledged the City’s commitment in implementing the CAIP.

Resource Implications

The implementation of the majority of CAIP actions has been achieved using existing
City resources and budget. Other actions have required external grant applications or the
development of partnerships with other agencies to contribute to some of the costs. This
includes:

• $100,000 Department of Health and Human Services Changing Places grant for the
development a Changing Place in the Hargreaves Street Multistorey Carpark,
• $132,000 Department of Health and Human Services grant for the build of the
Marveloo Central Victoria,
• $165,000 National Disability Insurance Scheme (NDIS) Information Linkages and
Capacity Building (ILC) - National Readiness Grant for the implementation of the
Inclusive Towns Project, a project that works with businesses in targeted towns to
increase accessibility and inclusion for people with a disability; and
• A partnership with VALID to deliver the Our Choice Disability Expo.

The CAIP’s monitoring, evaluation and reporting is coordinated through the resources of
the Community Partnerships Unit, via the Building Inclusive Communities (BIC) program
funding received from the State Government.

Attachments

1. Progress on the actions in the Community Access and Inclusion Plan

ATTACHMENT 1: Progress On Actions In The Community Access and Inclusion Plan

Action Action Progress comment Status


No
Reduce barriers to persons with a disability accessing goods, services
and facilities
1.1 Undertake Universal Access Works undertaken as part of Completed
Program Audits within the City Capital Works program.
Centre and Activity Centres
which will:

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Ordinary Meeting - 21 March 2018

Action Action Progress comment Status


No
• Look at accessible parking
bays, kerbs, ramps,
footpaths and Tactile
Ground Surface Indicator’s
(TGSI’s).
• Prioritise works from the
above audits and replace
and install the appropriate
works to ensure they are
accessible.
1.2 Accessibility Access and Audit Currently have one qualified staff Completed
Training: member attached to the building
• 1x staff member to team to provide access advice,
undertake Accredited undertake basic access audits on
Access training and a council owned and managed
procedure developed on facilities and provide advice and
how this resource will be support across the organisation.
recognised and used
throughout the organisation.
• 1x staff member from the
Property team to be trained
in basic accessibility audit to
look at minor building and
property works.
1.3 Communicate to relevant City All major projects as well as Completed
staff the availability of internal works that require a building
access audits conducted on permit issued by the Council
City assets and the need for building department are being
them to be considered in any reviewed by the units accredited
works on City assets. building officer to establish if an
external access audit is required
and recommendations made.

1.4 Identify 1 major project each Has not progressed due to other Not started
year of this Plan to nominate for priorities. It is expected that a
various awards which has a project will be nominated by end
strong focus on access and June 2018.
inclusion such as the National
Awards for Local Government
under the category Disability
Access and Inclusion.
1.5 Review the City’s Public Toilet Public Toilet Strategy endorsed In progress
Strategy which will: at January 2018 Council
• Identify accessibility issues Meeting. The Public Toilet
and feasibility of having a Strategy specifically addressed
‘Universal Change Table’. the need for future Changing
• From the review above, set Places locations across greater
out a works program for the Bendigo, with three locations
next 5 years and begin to being recommended.
implement the outcomes of
the review.
1.6 Continue to advocate to Public Continuous process of advocacy. Completed
Transport Victoria for better

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Action Action Progress comment Status


No
public transport links and
networks throughout the
municipality and to ensure it
remains affordable and
accessible to all.
1.7 Apply the Creating Accessible There are now several staff Completed
Places model: across different City service units
• To all works around the who are strong advocates for
municipality. disability access, including
• Roll out the model across events, the art gallery, customer
other units of Council that service and the built
are responsible for the environment. These staff provide
maintenance and upgrade of a valuable internal resource and,
public infrastructure to in addition, many projects now
develop a sustainable seek an external access auditor
process for identifying and as part of the project team.
prioritising access works.
1.8 Hold a forum biennially (unless Plan to conduct seminar in 2018. In progress
otherwise required) with local Location, speakers and agenda
building surveyors, draftsmen, still to be prepared.
architects, designers and
commercial builders etc. that
focus on raising disability
awareness and the importance
in the accessibility of facilities.
1.9 Investigate and, if deemed Option investigated and deemed Completed
appropriate, develop an appropriate. Community grants
“accessible infrastructure” grant criteria has been updated to
category in the City’s accept applications for
Community Grants for not for infrastructure improvements to
profit groups and possibly local buildings that are not City owned.
small businesses.
Reduce barriers to persons with a disability obtaining and maintaining
employment
2.1 Implement the Action 1. Complete. The Completed
recommendations of the Recruitment team undertook a
National Disability Recruitment gap analysis of recruitment
Coordinator which include the process and have implemented a
following: number of changes.
• Review of recruitment
processes to ensure they do Action 2. Complete. Disability
not disadvantage people Awareness Training was
with a disability provided by NDRC to OLT on
• Disability Awareness training Tuesday, 8 March 2016.
for Executive Team and
People Managers on Action 3. Complete. The
employing someone with a Recruitment team have
disability established relationships with a
• Partner with local Disability range of local DES. The City has
Employment Services to recently employed a person
ensure job vacancies and registered with Western District
opportunities get distributed Employment Access (WDEA).
to people with a disability

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Action Action Progress comment Status


No
2.2 Develop a long term approach Career Horizons provides a Completed
to work experience centralised approach to work
opportunities within the experience opportunities.
organisation which results in
more active support through The possibility of targeted work
increased student opportunities experience opportunities is
being promoted via Horizon; continuing to be investigated.
and an increase in the number
and percentage of total work
experience opportunities
(students and job seekers)
offered in line with the
Community Access and
Inclusion Plan, every year over
the next three years.
Promote inclusion and participation in the community of persons with a
disability
3.1 At all City major events and Community Events Guide was Completed
activities, continue to publicise reviewed and updated in January
close drop off/pick up points, 2018. It refers to the Accessible
easy to see locations and link Events guide developed by the
community members requiring Human Rights Commission.
assistance to relevant services.
3.2 Commit to have an accessible In June 2017 a user group of Ongoing
website for all members of our people with a disability were
community and aim to continue consulted to test the accessibility
to meet AA standards of the and useability of the City’s
Web Content and Accessibility website. Recommendations and
Guidelines (WCAG 2.0). feedback from this group are
being reviewed and
implemented.

Accessibility of the City’s website


continues to be reviewed and
improved as is possible.
3.3 Ensure all City publications and Publications have a statement Completed
documents can be made asking people to contact the City
available in accessible formats if they would like it in an
upon request and have this accessible format.
printed on all publications and
on the website:
• Promote to the community
• Provide information to all
staff on the process if a
request is made to have a
document made into an
accessible format.
3.4 Satisfy requirements to gain the The communication access Completed
Communication Access Symbol boards / books have been
for the organisation reception completed. These boards/ books
areas and facilitate installation. will be provided at our Lyttleton
Tce, Hopetoun Mill and
Heathcote Service Centres, and

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Action Action Progress comment Status


No
a copy will be provided to the
Executive Office. The boards /
books will also be available on
our website. Training will be
undertaken during July. Boards /
books will then be developed for
our remaining customer service
points at the Visitor Information
Centre, the Art Gallery and The
Capital.

3.5 Review the City’s Style Guide The Style Guide is available Completed
and ensure accessibility of through the new Image
content, language, design and Management System (Bynder).
format, in all public documents
and promotional materials is It emphasises plain language,
considered and inform staff of design and format.
the guide and requirements and
ensure that it is adhered to. Communications ensures that
these requirements are adhered
to. Staff are aware the
organisation has a style guide.
3.6 Increase awareness and The City has commenced a Completed
promote to the community our project to obtain Communication
customer request system and Access Symbol. As part of this
continue to seek funding for project a number of actions have
alternate formats to be available either commenced or are
to put a request in (e.g. App). planned, to improve accessibility
Future developments of apps of information and services
need to take into account issues including:
of accessibility. - wider promotion of the suite of
accessibility tools and
functionality already available
to our customers
- improvements to accessibility
tools and functionality
- reviewing signage and written
information to ensure it is easy
to read
- staff training and development
to improve communication
skills

3.7 Ensure videos on the City’s Investigated appropriate Completed


website can offer captioning by: captioning software and
• Investigate appropriate determined that it is better for the
captioning software City to manually create
• Purchase video captioning captioning to ensure its accuracy.
software and ensure all
videos on the City’s website
have captioning available.
3.8 Investigate the process to An Auslan interpreter was Completed
develop Auslan videos and if investigated and used on the

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Ordinary Meeting - 21 March 2018

Action Action Progress comment Status


No
appropriate develop videos for community resilience project.
key messages from the City. This service will continue to be
used as required.
3.9 Review the Community Policy reviewed and adopted Completed
Engagement Policy and 2016.
Framework to:
• Ensure the voices of people
with a disability are heard
and considered in all
engagement processes.
• Ensure the policy supports
the inclusion of people with
a disability or people who
represent their views to be
included on City project
reference and advisory
groups.
3.10 Look at style and font size of The option to include Braille on In progress
City business cards and make City’s business cards is being
appropriate changes to ensure investigated.
they are accessible.
3.11 Build on the Bendigo Region Information to access related Not
app to include information on information will be met by the proceeding
accessible toilets, car parks, Inclusive Towns project. The
restaurants and buildings and Bendigo App is no longer in use
promote to the community. by Tourism, therefore this action
will not proceed.

3.12 Develop an Disability Advisory The Disability Inclusion Completed


Group (or similar) that will: Reference Committee was
• Provide advice, advocate established in August 2016.
and undertake initiates that
support greater social The effectiveness of the group
inclusion of people with a will be reviewed on an ongoing
disability and their families / basis and an annual progress
carers. report will be submitted to
• The effectiveness of the Council via the Council Bulletin.
group will be reviewed and The progress report will detail the
relevant actions undertaken activities and achievements of
from the findings. the committee against its stated
objectives. A full review of the
effectiveness of the committee
will be undertaken after three
years.

The DIRC has been operating


well. The DIRC members require
support to undertake agreed
upon responsibilities effectively.
Provision of additional support by
Disability Officers is being
considered in the Forward Plan
for 2017/18.

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Ordinary Meeting - 21 March 2018

Action Action Progress comment Status


No

3.13 Support the social procurement Social procurement schedule has Completed
schedule to be included in all been created and is in use.
new tenders for City service
contracts.
3.14 Encourage and support Social procurement schedule has Completed
tenderers to focus on social been completed and is in use.
benefits for people with a
disability in addressing the
social procurement schedule.

3.15 Undertake internal education Not yet commenced. Not started


and awareness raising on social
procurement to Management It is expected to be completed by
and Coordinators. end June 2018.
3.16 Look at the feasibility of The Marveloo Central Victoria Completed
purchasing a Marveloo was officially launched on 25
(accessible portable toilet) January 2018 and was available
across the municipalities in the for its first use during the
region to be hired for events. Australia Day Celebrations at
Lake Weeroona.

The Marveloo Central Victoria


can be hired by other local
governments, event organisers
and community groups.

3.17 Trial an expo in Greater On Thursday March 16, 2017 the Completed
Bendigo to showcase local Community Partnerships Unit
disability services and hosted an Our Choice Disability
information. Expo in partnership with VALiD
at the Bendigo Exhibition Centre.
• Over 70 stallholders
provided information on
disability services,
advocacy, equipment and
recreation, showcasing
the array of choice people
with a disability there are
in the community.
• NDIS related information
sessions were held
throughout the day.
• A free shuttle bus service
ran to and from the
Bendigo train station to
the showgrounds and
was well utilised by
community members from
Bendigo and
neighbouring
municipalities.
• The ‘Marveloo’, a mobile

PAGE 86
Ordinary Meeting - 21 March 2018

Action Action Progress comment Status


No
accessible restroom for
people with a disability
and their carers was
available on the day and
also promoted that one
will be coming soon to
Greater Bendigo.
• It is estimated that over
450 people attended the
expo during the day.

Many services and community


members expressed how
significant and positive the event
was. Some participants stated
that they had no idea there were
so many services and
opportunities available to people
with a disability in the community.
3.18 Develop a policy on all City This activity will be completed Not started
events, information sessions, before end of June 2018.
conferences etc. to ensure
people with a disability can fully
participate in these activities
and are not discriminated
against. The policy will look at
Auslan Interpreters, Live Time
Captioning and Companion
Card.
Achieve tangible changes in attitudes and practices which discriminate
against persons with a disability
4.1 All staff to complete Ethics Staff attended ethics training as Completed
Training which has a Human part of the Workplace
Rights component that will Responsibilities workshops
reflect on the importance of during the months of August and
access and inclusion. October 2016.
4.2 Undertake unit specific disability Training sessions were provided Completed
awareness training and to staff on March 8, 2016 by the
education to City staff. National Disability Recruitment
Coordinator (NDRC).
4.3 Undertake a City Staff Attitudes Plan is available to the public. Completed
survey once the Plan is adopted Progress is monitored and
and again when the Plan has reported annually to Council.
come to the end of its life to
determine if there has been a
shift in staff attitudes towards
accessibility and inclusion
issues.
4.4 Ensure Council Plan and all More attention is being paid to Completed
strategies, policies and accessible formats of
procedures consider publications, for example, the
accessibility and inclusion in recently developed Safe
their development. Community Forum Strategic

PAGE 87
Ordinary Meeting - 21 March 2018

Action Action Progress comment Status


No
Plan.

Another approach which is being


applied includes the use of the
following wording in engagement
documents and communications:
“should you require any
additional support to participate
in this forum/activity please
contact…”

Actions in the next CAIP, e.g.,


the development of an Advisory
Committee, will help to ensure
that people with a disability are
considered in consultation.
4.5 Report on the implementation of Implementation is reported Completed
the Community Access and annually to Council.
Inclusion Plan 2015-2018.

PAGE 88
Ordinary Meeting - 21 March 2018

3.3 COMMUNITY GRANTING POLICY REVIEW

Document Information

Author Deb Simpson, Coordinator Strong Communities

Responsible Vicky Mason, Director Health and Wellbeing


Director

Purpose

This report details the community granting review findings and seeks Council
endorsement of a new Community Granting Policy that has been informed by the review
findings.

Summary

In 2017 Council established a vision of “Greater Bendigo – creating the world’s most
liveable community”. Community granting is an opportunity for Council to partner with
communities in diverse initiatives that can contribute to the vision.

The review has provided an opportunity to consider how Council and community goals
can best be supported through community granting activities. It has also provided an
opportunity to consider how the principles of transparency, equity and sustainability can
best be embedded into community granting processes.

The review findings indicate that community granting activities are both important to and
valued by our community. They also indicate that, although the current Community
Grants Policy and Program Guidelines have served Council and our community well,
there are some opportunities for improvement.

This report details suggested changes to current organisational policies and practices
based on the review findings, and seeks Council endorsement of a new Community
Granting Policy that incorporates the suggested changes.

RECOMMENDATION

That Council adopt the attached updated Community Granting Policy


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

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Ordinary Meeting - 21 March 2018

Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:


Goal #2: Wellbeing and Fairness

Objective #2.3 Promote community connection.

2017/18 Action: Implement the Community Grants program and review the grants policy
and annual capacity building program.

Council Policy Reference (include weblink as applicable):

Community Grants Policy and Program Guidelines.

Rural Community Impact (refer to Rural Communities Strategy):

Action #2.5: Review the level of support in the 2017/18 budget with consideration to
increasing the funds for programs addressing health and wellbeing, including mental
health, in our rural communities.

Background Information

The review process incorporated the following approaches:

- analysing data from Council’s current grant programs.

- benchmarking of 33 different corporate, government and philanthropic grant


programs.

- inviting all Greater Bendigo community members to provide input via a survey. 312
community members responded to the survey. Of the respondents, there was a
good geographical spread across urban and rural communities and across Wards.
There was also a good age spread.

- inviting targeted community sectors to provide input via various engagement


methods. The targeted community sectors were previous Council grant program
applicants, Greater Bendigo Rural Communities Committee members, Community
Assessment Panel members and relevant City of Greater Bendigo (City) staff.
Engagement methods included case studies, focus groups, surveys and
workshops.

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Ordinary Meeting - 21 March 2018

Previous Council Decision(s) Date(s):

The Community Grants Policy and Program Guidelines were adopted by Council on
February 11, 2015. Council subsequently endorsed minor amendments on August 5,
2015 and February 16, 2017. (See Attachment 3).

Report

The benchmarking identified that:

- 79% of grant programs were aligned to organisational visions and / or strategies.

- 79% of grant programs involved technology based application processes (e.g.


online forms or uploading of video clips).

- 48% of organisations accepted applications once per year.

- 39% of organisations accepted applications at any time, budget permitting.

- 58% of organisations provided 1 year and / or ‘once-off’ only funding.

- 27% of organisations provided funding over multiple years, with three years being
the maximum funding period.

- 42% of organisations did not require an outcome or expenditure report.

- the maximum grant amounts from the various Local Government Authorities that
were benchmarked (which included metropolitan, regional and rural examples)
ranged from $1,500 to $500,000.

- the most common Local Government Authority maximum grant amount was
$10,000.

The themes that emerged through the other stakeholder engagement were:

- community granting is both valued by and important to our community, and City
staff and Council should place a greater emphasis on telling stories about and
celebrating the achievements Council’s grant programs enable.

- the current Community Grants Policy and Program Guidelines have served Council
and our community well, however there are some opportunities for improvement.

- Council’s grant programs should continue to have capacity to respond to expressed


/ planned goals as well as emerging / unforeseen issues and opportunities.

- there are current resourcing gaps for elements that are fundamental to community
groups’ operations (e.g. incorporated association registration and insurance costs)
and for social innovation / transformation proposals.

- application, approval and reporting requirements should be ‘scaled’ relative to the


level of funding being sought.

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Ordinary Meeting - 21 March 2018

- the use of Community Assessment Panels in the assessment of applications and


the development of funding recommendations engenders a great deal of
community confidence regarding the transparency and equity of the process.

- the current themed category based approach is too restrictive and the funding focus
should be broadened to align with Council and community goals.

- the funding focus should be on outputs and outcomes rather than having
restrictions on applicant or expenditure types.

- the funding focus should not preference specific community sectors however data
on the number and type of beneficiaries should be requested in output and
outcome reporting.

It is considered that the proposed new Community Granting Policy responds to the
data and feedback by:

- shifting the funding focus to alignment with Council and community goals.

- removing restrictions on applicant and expenditure types and instead focusing on


outputs and outcomes.

- scaling application, approval and reporting requirements relative to funding levels.

- retaining Community Assessment Panel involvement where the maximum funding


amount possible exceeds $3,000.

- increasing some maximum grant amounts.

- adding two new grant programs to respond to identified resourcing gaps.

- retaining capacity to respond to expressed / planned goals as well as emerging /


unforseen issues and opportunities.

By enabling a City Director and Manager to approve the Community Assessment Panel’s
recommended funding allocations for Large Grants, access to grant opportunities will be
improved. This is because three funding rounds will be able to be offered each year. The
current process which requires Council approval of the Community Grants funding
allocations (being the closest current equivalent) means that only two funding rounds are
able to be offered each year due to Council reporting and meeting cycle timelines.

Priority/Importance:

It is important that Council’s limited resources are aligned with Council’s vision and
Community Plan 2017 – 2021 goals, or with the goals of localised Community Plans. It is
also important that Council’s limited resources have the greatest potential for enduring
community benefit. The review has focused on how community granting activities can
best respond to these considerations.

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Ordinary Meeting - 21 March 2018

Timelines:

A 1 July 2018 implementation date is proposed for the Small, Medium, Large and
Community Group Essentials Grants, along with the Bendigo Town Hall Community Use
Subsidy Program. This will require City staff to make and test ‘back of house’ changes
during April, May and June 2018. There will also need to be a focus on informing
community members and Community Assessment Panel members of the changes
during this time.

A 1 January 2019 implementation is proposed for the Social Innovation / Transformation


Grants. This is because further consultation with Council and other potential funding
partners is still required.

Consultation/Communication

A range of internal and external stakeholders were engaged as part of the review
process. The stakeholder engagement purpose was to understand:

- the nature and scale of community granting activities being undertaken by other
organisations, across a range of settings.

- the experiences of previous Council grant program applicants.

- stakeholders’ visions for the future of Council’s grant programs.

- stakeholders’ suggestions for how their visions could be achieved.

The range of stakeholders engaged included:

- corporate, philanthropic and other government grant providers.

- previous Council grant program applicants.

- Greater Bendigo Rural Communities Committee members.

- Community Assessment Panel members.

- relevant City staff.

Resource Implications

Council already commits significant human and financial resources to community


granting activities.

Administration functions are currently performed by the City’s Community Partnerships


Unit, and this arrangement is proposed to continue.

The current budget scenario is:

PAGE 93
Ordinary Meeting - 21 March 2018

Grant program name Funding amount


Quick Response Grants $49,329
Community Grants $443,963
Partnership Grants (over two years) $771,852
Bendigo Town Hall Community Use Subsidy Program $9,000
TOTAL $1,274,144

As there have been past instances where not all Community Grants funding has been
fully allocated, the suggested approach is to adopt the new Community Granting Policy
on the basis of existing resources and then undertake an assessment of resource
demand. If resource demand suggests that additional resources should be considered, a
2019/20 budget bid will be submitted for Council consideration.

The proposed budget scenario is:

Grant program name Funding amount


Small Grants $50,000
Medium Grants $400,000
Large Grants (over two years) $650,000
Community Group Essentials Grants $40,000
Social Innovation / Transformation Grants $50,000
Bendigo Town Hall Community Use Subsidy Program $9,000
Transfer of event support resources currently provided $78,000
through Partnership Grants (over two years)
TOTAL $1,277,000

Attachments

1. Draft Community Granting Policy.


2. Grant Programs Particular Provisions.
3. Community Grants Policy and Program Guidelines.

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Ordinary Meeting - 21 March 2018

4. STRENGTHENING THE ECONOMY

Nil.

5. ENVIRONMENTAL SUSTAINABILITY

Nil.

6. EMBRACING OUR CULURE AND HERITAGE

Nil.

7. LEAD AND GOVERN FOR ALL

7.1 2018_03_08_Council Report - Submission on Draft Local


Government Bill

Author Jessica Clarke-Hong, Manager Governance

Responsible Kerryn Ellis, Director Corporate Performance


Director

Purpose

The purpose of this report is to seek Council’s formal endorsement of the submission for
the Victorian Government on the Local Government Bill Exposure Draft.

Background

On August 11th 2015, the Minister for Local Government announced a review of the
Local Government Act 1989.

It is the first comprehensive review in 25 years.

The purpose of the review is to reform local government by reinvigorating democratic


practices and help councils serve their communities more effectively and efficiently.`

This review responds to calls from the local government sector and the community for a
new, modern Act.

The review has involved councils, ratepayers, the wider community, experts and other
stakeholders.

PAGE 95
Ordinary Meeting - 21 March 2018

There have been four stages to this engagement process. To date, council has made
submissions to a Discussion Paper and a Directions Paper.

This final stage involved the release of an Exposure Draft Bill in December 2017
providing council with the opportunity to review the legislation before it is introduced to
Parliament and to provide an opportunity for feedback.

Submissions closed on 16 March 2018.

The Government is aiming to have legislation passed by State Parliament and the new
Act commencing by a phased approach from mid-2018.

RECOMMENDATION

That Council endorse the attached submission to the Victorian Government on the Local
Government Bill Exposure Draft.
~~~~~~~~~~~~~~~~~~~~~~~~~

Summary

In summary Council’s position on the Exposure Draft released by the Government is as


follows:-

“The Council supports the purpose of the proposed new Act to give effect to the
constitutional recognition of councils as a distinct and essential tier of democratically
elected government.

Similarly, the Council supports a principle-based Act and the state government’s three
over-riding objectives for a new Act to the extent that the principles and stated objectives
are given full, practical and authentic expression in the draft Bill.

In its submissions to date, the Council has consistently maintained that it is the right of
democratically elected bodies to make decisions suitable for, and answerable to, the
community that elects it, with state intervention limited to extreme circumstances. This
overarching principle aligned comfortably with the three principal aims of the Directions
Paper, and the central feature of the local government reform agenda which is to give
councils greater agency to determine how to achieve clearly defined outcomes.

The Council does not support a principle-based Act with prescription concealed in
regulations, mandatory guidelines, policies or ministerial direction.

In terms of process, it should be noted that, regulations and ministerial guidelines that
will accompany the new legislation are not yet available. As a result feedback by way of
an informed submission has been impeded. Furthermore, transitional clauses are
incomplete, especially ones which impact directly on how services are delivered, such as
the future model for regional libraries.

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Ordinary Meeting - 21 March 2018

Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:


Goal 1: Lead and govern for all

Objective 1.5 Take a leadership role in regional planning, advocacy and work in
partnership with regional Councils.

Resource Implications

There are no resource implications for Council

Attachments

1. Submission to the Victorian Government on the Local Government Bill


Exposure Draft.

A NEW LOCAL GOVERNMENT ACT FOR VICTORIA

EXPOSURE DRAFT BILL


SUBMISSION BY GREATER BENDIGO CITY COUNCIL

Introduction

The Council supports the purpose of the proposed new Act to give effect to the
constitutional recognition of councils as a distinct and essential tier of democratically
elected government.

Similarly, the Council supports a principle-based Act and the state government’s three
over-riding objectives for a new Act to the extent that the principles and stated objectives
are given full, practical and authentic expression in the draft Bill.

In its submissions to date, the Council has consistently maintained that it is the right of
democratically elected bodies to make decisions suitable for, and answerable to, the
community that elects it, with state intervention limited to extreme circumstances. This
overarching principle aligned comfortably with the three principal aims of the Directions
Paper, and the central feature of the local government reform agenda which is to give
councils greater agency to determine how to achieve clearly defined outcomes.

The Council does not support a principle-based Act with prescription concealed in
regulations, mandatory guidelines, policies or ministerial direction.

PAGE 97
Ordinary Meeting - 21 March 2018

Councils are the creation of state parliament and, to date, parliament has determined
how councils will operate. The draft Bill evidences a marked shift away from this current
practice. Parliament’s role in determining council practice is noticeably reduced and
appears to be moving more toward ministerial guidelines and regulation. Such a shift is
not supported where the practical implications impact on council’s autonomy. Moreover,
it is impossible to comment on the proposal in an informed way when the guidelines and
regulations have not yet been developed.

In terms of process, it should be noted that, given salient details in many proposals are
either missing entirely or incomplete, feedback by way of an informed submission is
impeded and its value to those responsible for these significant reforms questionable. To
date, transitional clauses are incomplete, especially ones which impact directly on how
services are delivered, such as the future model for regional libraries; draft regulations
are non-existent or uncirculated if they do exist; and guidelines or templates appear to be
aspirational at this point in the process.

Part 2 – Councils

Governance Principles: The overarching governance principles and supporting


principles are supported. So, too, is the provision that a council evidences good
governance if it complies with clause 8. This adds clarity and definition to the role of a
council and its consequential powers.

Constitution of council: The provision relating to the constitution of a council is


supported. In relation to the electoral structure of a council, the Council supports
preferential voting for multi-member wards and unsubdivided elections. This allows for
the best candidates for the entire municipality to be elected. It also allows councillors to
collectively focus on the best interests of the entire municipality and avoids the
duplication or triplication of effort in multi-member wards.

Role of Mayor: Provisions defining the role and specific powers of a mayor are
supported because they add clarity and consistency and a move away from reliance on
convention. The Council submits, however, that it should be up to each council to
determine the length of a mayoral term as this allows for individual determination based
on differing considerations and personality. It is also consistent with allowing autonomy.

Deputy Mayor: Similarly, councils should have the option of a deputy mayor rather than
the position mandated in the new Act. Imposing this as a one size fits all model fails to
acknowledge local needs, capacity or competence. The flexibility in the status quo
should prevail. If the new Act does mandate the role of deputy mayor, there should be
specific provision for remuneration, although it is acknowledged this will place another
burden on smaller councils.

To the extent that it may be destabilising for both the mayor and the council, the new
provision allowing a council to vote out an elected mayor during his or her term if 75% of
councillors agree is not supported. It is also noted that this proposal was not part of the
Discussion Paper or Directions Paper.

Councillor Allowances: This Council urges the Government to commission an


independent review of councillor allowances. The current allowance structure does not

PAGE 98
Ordinary Meeting - 21 March 2018

reflect the changing and evolving role of a Councillor and the ever increasing demands
on their time. In its current form, the allowance structure does not encourage candidates
from a diversity of backgrounds to seek office; rather it acts as an impediment.

Chief Executive Remuneration Policy: This requirement does not adequately respect
that council is a distinct tier of government in its own right. Requiring a council to have a
Chief Executive Officer Employment and Remuneration Policy is an example of
prescriptive over-reach. Councils should determine how and who is recruited to the
position and the terms of their employment. The requirement in clause 44(3) that this
policy be consistent with the principles contained in the Government of Victoria’s Policy
on Executive Remuneration in Public Entities belies the fact that councils, while public
entities, are constituted by democratically elected, as opposed to appointed, members
and should, therefore, be accorded a commensurate degree of autonomy in relation to its
appointments because the ultimate accountability is to those electing the councillors to
office.
Moreover, a determination of what ‘consistency’ actually means needs clarification as
there are many components to this state government policy and how those components
affect Chief Executive Officers in public sector agencies would be different in a local
government setting.

If this provision is to remain in the new Act, perhaps instead the word ‘consistent’ could
be substituted with the ‘broadly aligns’ allowing some measure of flexibility and an
acknowledgement of autonomy.

The Council submits it is reasonably within its competence to determine what


remuneration is appropriate for its employee taking into account any local considerations
it deems appropriate and relevant.

Workforce Plan: The Council supports in principle having a workforce plan on the basis
that our workforce is probably our most important asset. But the Council does not
support mandating such a plan as the draft Bill proposes in clause 45(4). It should be
discretionary. Currently, a Chief Executive Officer is not required to have a workforce
plan. Some may choose to have one as it may serve an organisational purpose, some
may not. Changing a staff structure should remain a management prerogative and the
responsibility of the Chief Executive Officer.

There does not appear to be any compelling reason to have one mandated and the
status quo is supported. The requirement to have such a plan and what should be
included in it should come from the Council if it so chooses. To impose such a plan may
impact on the ability of a council to make service decisions that impact on staff, such as
exiting from council services. It is submitted the current change provisions are adequate
and are complex enough given the operation of the Fair Work Act. A further layer of state
legislation is unnecessary.

This is another example of prescriptive over-reach and contradicts the stated reform
agenda of leaving it to councils to determine how to meet defined outcomes. If staffing in
the administrative arm of a council is an issue, in a principle-based Act it would be
preferable to address the desired outcome as a governance principle and then leave it
up to individual councils to work out how best to meet this administratively. After all,
clause 7(2) of the draft Bill states a council provides good governance if it complies with
clause 8.

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Notification of Restructure: The Council does not support clause 45(4)(b)of the draft
Bill requiring the CEO to advise councillors before undertaking a restructure. This
undermines the CEO’s responsibility for staff which is set out in clause 45(3)(a). The
reality is no CEO is going to undertake a significant restructure without at least briefing
the councillors.

Similarly, clause 45(4)(c) is not supported. Consultation in relation to proposed


restructuring is already clearly covered under enterprise agreements, Commonwealth
industrial law and common law.

Retention of Senior Office: The Council supports the retention of ‘senior officer’ as a
workable, practical administrative designation in the organisation’s structure, and there
does not appear to be any compelling reason for removing the definition as proposed. If,
however, removal is inevitable, it would be prudent to include transitional provisions in
the draft to address existing senior officers on maximum term contracts moving to other
employment arrangements determined by either the Council or the Chief Executive
Officer.

CEO Delegation during absence: The Council does not support the new powers of
delegation in clause 10 of the draft Bill to the extent that it restricts the ability of the CEO
to appoint an officer to act as CEO in his or her absence. Currently, unless the Council
determines to limit its delegation, the CEO has the discretion to appoint an officer to act
CEO in his or her absence, whether planned or otherwise. Under the proposed Bill, a
resolution of Council will be required. The power for the CEO to do so is not delegable: cf
clause 10(2)(c). This exclusion is administratively impractical. Worse still, in an
emergency, the CEO would need to wait for the next scheduled meeting of the council
for a resolution to appoint an acting CEO unless a special meeting of the council were
convoked which would appear completely over the top and inefficient. It is submitted the
status quo should prevail. Alternatively, provision could be made in the Bill for the CEO
to make short- term appointments, perhaps four weeks.

Regional Libraries: It is noted that the there is no provision for regional library
corporations under the new Act. While it is acknowledged that transitional provisions
relating to regional library corporations are still being worked on, the council advocates
for detailed transition planning to take place to ensure that library corporations can move
across to a new governance structure without having to wind up. Details of the new
proposed model should be provided as soon as practicable in order to allow collaboration
and detailed planning to commence.

Part 3 – Policy and decision-making

Community Engagement: The Council acknowledges the community shapes the


Council Plan and, therefore, the importance of community engagement. In a principle-
based Act, the Council supports the requirement that councils undertake a deliberative
community engagement process before adopting a four-year council plan, but it does not
support being told how to do it. The methodology should be determined by the Council in
accordance with local expectation and accountability, not prescribed by the Act or
Regulation.

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The term ‘participatory democracy’ denoting active, systematic and varied forms of
community engagement in the decision-making process appears to be a popular
concept; but it comes at a cost, and the cost is not just a financial one.
The more the Act imposes obligations on councillors and what is required of them,
particularly in terms of engagement, the diverse field of candidates diminishes because
not everyone has the same capacity in terms of time. The role of a councillor is not
currently full-time and so the opportunity to serve is open to a broad field of candidates,
many of whom have other professional or domestic commitments. To expand the role in
terms of obligation would reduce the field. In this regard ‘participatory democracy’ is
counter-intuitive: it diminishes rather than enhances participation. For this reason, any
mandated requirement as to what constitutes representation is not supported. The status
quo should prevail. The individual should determine how to represent his or her
constituents and be accountable for it.

Public Transparency: The Council acknowledges that transparency and accountability


of council operations may vary between councils, and in a principle-based Act it may be
appropriate to provide as a matter of principle that transparency and accountability are
compulsory attributes for all councils. But, given councils are accountable to those who
democratically elect them, how those councils apply the stated principle should be
decided by the respective council and each will be judged, or held to account,
accordingly. For this reason, requiring a council to adopt and maintain a public
transparency policy is not supported. The Council does, however, support the public
transparency principles.

As an alternative, provision could be made for optional guidelines. This would respect
council autonomy, allow flexibility, and is consistent with the government’s reform
agenda.

Mandated Governance Rules: The same reasoning could also apply to the provision in
the draft Bill mandating councils develop, adopt and keep in force Governance Rules in
relation to meetings of the Council, the keeping of meeting records and the election of a
mayor and deputy mayor. It is, however, submitted that while the Council supports the
concept of governance rules in principle, retaining the existing provisions would
engender more certainty and stability than rules susceptible to opportunistic change. If
the current practice of including meeting rules in local laws based on legislative
prescription is to be changed, then suitable safeguards should be introduced to ensure
the changes are measured, informed and appropriate notice given of an intention to
change those rules.

It should also be noted that if clause 58(1)(c) of the Bill provides for a council to have
governance rules for the conduct of joint council meetings, in the absence of standard or
model rules to be adopted by all councils, it is difficult to see, from a practical point of
view, how such meetings could or should be conducted where there is inconsistency.

Meetings open to the public: The Council notes the provision in clause 63 requiring
council meetings to be open to the public unless specified circumstances apply. The
Council supports the specified circumstances, especially 63(b) and (c): security reasons
and necessity to enable the meeting to proceed in an orderly manner respectively. The
practical application of the proposed clause is, however, questionable given the provision
that if either (b) or (c) apply, the meeting can only be closed if arrangements have been
made for proceedings to be viewed by the public while the meeting is being held. Unless

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Ordinary Meeting - 21 March 2018

a standby facility is in place for every meeting just in case the meeting descends into
chaos, under the current provision the meeting could not be closed even if there is a
security concern unfolding or disorderly conduct inhibiting the transaction of business.
For the section to be of practical benefit, it would need to allow the meeting to be closed
even if, at the time, an alternative arrangement was not in place for the public to view
proceedings while the meeting was being held. The only way the proposed clause could
work would be where security could be identified as an issue in advance or disorderly
conduct could be predicted.

Council Collaboration: The provision encouraging collaboration between councils is


supported. The Council already proactively seeks out collaboration opportunities within
the Loddon Mallee region and further afield. The Council is engaged in the Local
Government Special Interest Group and Regional Procurement Excellence Network
meetings where tender and quotation opportunities are investigated. The Council does
this, however, on its own initiative not because it is required to.

Joint Procurement: Reference to joint procurement should be general, allowing


opportunities to collaborate to identify areas that could achieve mutual efficiencies. The
specific reference to procurement is too prescriptive in this context and denies
operational discretion. It should set the conditions to encourage procurement
collaboration but not make it mandatory. Again councils should be allowed the autonomy
to make decisions based on their knowledge of what best fits local conditions or
circumstances.

Joint Council Meetings: Council collaboration is supported and the draft Bill facilitates
this with a new power for joint council meetings.

Local Laws: The provision that local laws require consultation with the community and
must be certified by a legally trained qualified person is supported.
In the interests of consistency and administrative efficiency, the Council also supports
automatically indexing penalties as is currently provided in state legislation.

Good Practice Guidelines: The proposed ministerial good practice guidelines to assist
councils comply with the Act is supported. It is noted while councils will not be bound to
implement the guidelines, adherence to the guidelines may be used as evidence of
compliance with the corresponding provisions in the Act or Regulations. It is submitted
that this approach should be extended to cover the policies and rules that planned to be
mandated, including the election period policy that is intended to form part of the
mandated Governance Rules. The only concern is to ensure the guidelines are not used
as a way of adding another layer of prescription independent of the Act.

Authorised officers: It should be noted that the wording in the draft clause 326(10) in
relation to authorised officers entering any land or building in the municipal district to
carry out and enforce ‘this Act or any regulation or local law’ omits the inclusion of ‘or any
other Act’ which is in the current Local Government Act. The current wording gives the
Municipal Fire Prevention Officer the ability to enter a property to inspect so as to form
an opinion as to whether a property constitutes a fire hazard or not. The omission of the
wording ‘any other Act’ in the draft Bill now removes the ability of the Council’s fire
prevention officers to enter a property to form an opinion whether a property may be a
fire hazard when enforcing the provisions of the Country Fire Authority Act 1958. It is
submitted the existing wording should be retained.

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Policies made public: The Council does not support the proposal in clause 56 to make
all the policies required under the Act to be publicly available. It is submitted that only
policies relevant to the public be publicly available. There appears to be no compelling
reason why policies addressing internal matters and relevant to staff, such as Council’s
human resources policies or occupational health and safety policies, be available to the
public. It is noted that similar policies relevant to staff in state government departments
are not available to the general public so it is unclear why such a proposal be imposed
on local government.

Part 4 – Planning and financial management

Integrated Planning: The proposal to strengthen integrated planning at councils is


supported, particularly the reaffirmation that the Council Plan is the key strategic
planning document for councils.

Budget: The proposal in the draft Bill to run the Budget for four years with the Council
Plan with provision for annual review of the Budget is supported, although such a
proposal was not included in the Directions Paper. In the absence of cogent arguments
in favour of the proposal, it may be prudent to consult further with sector. If the Budget
does run for four years as proposed, provision should be made in the new Act for yearly
review.

10 Year Vision: The proposal to mandate a community vision of at least 10 years


developed with the local community is supported. The draft Bill could be revised to clarify
that this is, in fact, intended to be a rolling vision that may be reviewed when considered
necessary or changed at the discretion of a subsequent council. The Bill needs to allow
the flexibility for any plan to be reviewed by the duly elected Council. In other words, it is
a 10 year vision, but it is not locked in for a term of 10 years.

10 Year Asset Plan: The Council supports mandating an Asset Plan of 10 years with
appropriate transitional provisions, although this may be a burden on smaller
municipalities.

10 Year Financial Plan: The Council supports mandating a Financial Plan of 10 years
with appropriate transitional provisions, although this may be a burden on smaller
municipalities.

Council Plan: The proposal to retain the current timeline for finalising the Council Plan is
noted.

Annual Report: The Council supports publishing an annual report.

Reporting: The Council supports the Mayor publicly reporting annual progress against
the Council Plan.

Revenue and Rate Plan: While not currently required, the Council supports mandating
the adoption of a Revenue and Rate Plan.

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Ordinary Meeting - 21 March 2018

Investment Restrictions: The Council notes the draft Bill retains the current limitations
restricting the investment types available to councils to mitigate the likelihood of high risk
investments compromising the financial sustainability of a council.

Performance Reporting: The Council also notes the proposal to retain comparable
performance reporting captured through the Know Your Council website.

Part 5 – Rates and charges

Rating Exemptions: Provisions that update rating exemptions so they are clear and fair
are supported. It acknowledges that currently all land is rateable except for land
exempted in the Act and this will continue, but exemptions will be defined more clearly
for purposes of clarity.

Mining Land: The Council notes that land used exclusively for mining becomes rateable
where it currently is exempt. This is supported.

Valuation System: Requiring councils to apply capital improved value as the single
uniform valuation system for raising general rates is supported, as is the proposal to fix
the municipal charge at a maximum of 10% of the total revenue from rates and charges
in the financial year. It is, however, submitted that this proposal may pose a challenge for
smaller councils that may face compelling local reasons for a higher percentage.

Differential Rates: Retaining differential rates in their current form; requiring councils to
clearly specify how the use of differential rating contributes to the equitable and efficient
conduct of council functions; and retaining the requirement that the highest differential
rate must be no more than four times the lowest differential rate are all supported.

Rate Capping: The Council notes the draft Bill retains the Fair Go Rates system which
caps rates at CPI with provision for a council to seek a variation. The Council submits
that CPI be substituted with a more appropriate measure that takes into account areas
with growing communities. The Local Government Index, is an example. Local
Government costs generally increase by approximately one percent above the consumer
price index. The CPI weights household goods and services, whereas the local
government index forecasts local government cost movements each year.1

Environmental Upgrade: The Council supports the draft Bill strengthening


environmental upgrade provisions to make it clear benefits extend to the owners of
residential land.

Part 6 – Council operations

Service Performance Principles: Consistent with a principle-based Act, the council


supports the service performance principles proposed in the draft Bill.

Complaints Policy: The council also acknowledges the organisational benefit of a


complaints policy in terms of accountability and continual improvement in operational or
service delivery, although it questions whether such a policy should be mandated. The

1
Municipal Association of Victoria, Local Government Finance

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Ordinary Meeting - 21 March 2018

Ombudsman’s guidelines recommend a complaint handling policy and, in response to


this, many councils have already adopted one without compulsion. By way of
compromise, and in the interests of respecting the autonomy of councils, the
performance principle stated in clause 145(2) (d) of the draft Bill could include reference
to accountability or transparency as a stated outcome, while leaving it up to councils to
best determine how it will meet this. This may be adopting a complaints policy; but it may
involve another process deemed to both meet the stated principle and the expectations
of the local community to which the council is ultimately responsible.

Procurement and Investment Policy: The proposal that councils set their own
procurement and investment policies consistent with sound financial management and
opportunities for collaboration and which ensure fair and open competition is supported.
The requirement that this is done at least once during each four year term rather than
mandating it be done at the start of each term is also supported. The provision
recognises that councillors are already under a significant amount of pressure early in
their term to understand and set the direction of council at a strategic level with the
Council Plan, Community Plan, Asset Plan, Financial Plan and Budget, for example. It
also recognises that, while important, the procurement policy is an operational policy with
no immediate requirement to change upon a change of a council. The proposed timing
allows for councillors to have a firm understanding of the scope and scale of the
organisation and their role in decision-making before reviewing its procurement policy.

Procurement: Prescribing what must be included in a procurement policy is supported


as it allows for greater flexibility in council procurement practices. Allowing councils
freedom to determine their own tender thresholds and associated primary processes for
going to tender is also supported, as this will enable councils to set thresholds that are
commensurate with the size and complexity of a given council, and the expectations of
council and the community.

Beneficial Enterprise: The proposed flexibility for councils to engage in beneficial


enterprises and co-operative business opportunities which deliver public value provided
such enterprise is consistent with the role of a council as defined in Part 2 Division 2 of
the draft Bill is supported.

Public Consultation: The Council notes and supports the retention of the existing
provisions relating to public consultation before a proposed sale of land.

Part 7 – Council integrity

Councillor Code of Conduct: The Council supports retaining the councillor conduct
framework recently introduced by the Local Government (Improved Governance) Act
2015.

Conflict of Interest: Simplifying the overly complex conflict of interest provisions in the
current Act is supported. It is, however, arguable whether the proposed provisions could
have even more clarity by refining the definition of conflict of interest in a way that would
remove the distinction between ‘material conflict’ and ‘general conflict’ to reflect the fact
that any conflict of interest is a conflict to be avoided in the discharge of a public duty.
Introducing degrees of conflict with commensurate penalties may serve to create doubt
and once again turn what should be a relatively straightforward concept into an arcane
science, not unlike the current provisions.

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Ordinary Meeting - 21 March 2018

An officer acting contrary to their public duty remains the same whether it involves an
affected person or a ‘private interest’.

The exemptions are supported, although arguably if the definition is refined many of the
exemptions would be self-evident.

Code of conduct declaration: The new provisions regarding a single declaration to


abide by the Code of Conduct within three months of an election, and clarity as to the
manner and form of words of the declaration to remove any ambiguity is supportive. This
should add a degree of consistency and certainty to the process across the sector.

Misconduct: The Council notes the misconduct, serious misconduct and gross
misconduct provisions have been retained. This is supported.

Gift Policy and Gifts Register: The Council supports the requirement to have in place a
publicly transparent gifts policy covering acceptance and disposal of gifts by councillors
and a gift register.

Part 8 – Ministerial oversight

Exemptions from Regulations: The Council notes the draft Bill recognises that councils
have the capacity to develop and adopt arrangements that significantly exceed minimum
requirements in Regulations. To recognise and encourage the adoption of higher
standards, the Council supports provision for high performing councils to apply for and
obtain exemptions from particular Regulations.

Power to suspend: The Council notes the draft Bill retains ministerial power to suspend
an entire council where there is evidence of significant governance failures or breaches
of the law.

Dismissal: The Council notes the dismissal of a council still requires the passage of a
Bill through both houses of the Victorian Parliament2, although no mention is made of
individual councillors.

Powers to deal with individual councillor: Provision in the new Act to strengthen the
Minister’s powers to deal with individual councillors who are contributing to or causing
serious governance failures at a council in exceptional circumstances is supported.

Power to appoint a municipal monitor: Retaining the current ministerial power to


appoint a municipal monitor; to issue a governance direction to a council; and to stand
down a councillor is also supported. Similarly, empowering the Minister to recommend a
councillor be suspended by an order-in-council for contributing to or causing serious
governance failures at a council in exceptional circumstances is also supported, as is the
provision to initiate a commission of inquiry.

Dismissal of an individual councillor: The Council submits, however, that in


exceptional circumstances, a provision enabling the Minister either directly or through an
order-in-council to dismiss a councillor or, at the very least, a mechanism whereby a

2
s.74B(2) Constitution Act 1975

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Ordinary Meeting - 21 March 2018

councillor’s own action or inaction brings about the dismissal or disqualification is also
supported. To some extent this already exists in relation to personal circumstances like
being an undischarged bankrupt3, or having property subject to control under the law
relating to bankruptcy4; or attribute, such as being of unsound mind5; or inaction, such as
not taking the oath of office of councillor within three months after the day on which he or
she was declared elected6; or action, such as being disqualified under section 81K after
a finding of gross misconduct and the period of disqualification in the order made by
VCAT under that section has not expired7.

This remedy is also consistent with the reform agenda because it would enable early
intervention to avoid council dismissal where there is evidence of poor behaviour
adversely impacting on the capacity of a council to transact business or conduct itself in
a manner consistent with the councillor code of conduct.

Part 9 – Council elections

Voting: The Council notes the draft Bill retains the voting entitlement provisions in the
current Act: that is, voter franchise includes citizens on the state roll and property
franchise voters. The Council, however, continues to support provision that the new Act
grandfather the voting entitlement of existing property-franchise voters in the municipality
and make voting compulsory for all enrolled voters.

Elections: The Council supports the other provisions relating to council elections.

Greater Bendigo City Council


xxx 2018

3
s.29(1)(a) Local Government Act 1989
4
Ibid, s.29(1)(b)
5
Ibid, s.29(1)(c)
6
Ibid, s.29(1)(e)
7
Ibid, s.29(1)(fa)

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Ordinary Meeting - 21 March 2018

7.2 Councillor Briefing Finance Committee Report as at 31 Dec 17

Document Information

Author Nathan Morsillo, Manager Financial Strategy

Responsible Kerryn Ellis, Director Corporate Performance


Director

Summary/Purpose

To provide Council with:


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

Policy Context

City of Greater Bendigo Community Plan 2017-2021:


Goal 1 Lead and govern for all
Objective 1.3 Be innovative and financially responsible
Objective 1.4 Be accountable and efficient in its use of the community’s
money

Background Information

In accordance with Section 138 of the Local Government Act 1989:

“At least every 3 months, the Chief Executive Officer must ensure that a statement
comparing the budgeted revenue and expenditure for the financial year with the
actual revenue and expenditure to date is presented to the Council at a Council
meeting which is open to the public.”

A review of the 30 September 2017 financials was undertaken by the City's Finance
Committee on 13 November 2017.

Report

This report provides an update on the financial performance in comparison to the


adopted budget for the 2017/18 financial year.

1. Actual Financial Performance (as at 31st December 2017)


The City’s operating result as at 31 December 2017 is $2,679,420 favourable to budget.

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Ordinary Meeting - 21 March 2018

Operating Result - YTD Actual vs YTD Budget


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

YTD Budget YTD Actual Variance


31/12/2017 31/12/2017
Surplus/(Deficit) Surplus/(Deficit)
$62,425,174 $65,104,594 $2,679,420 Favourable

The Income Statement for the period 01/07/2017 – 31/12/2017 is presented below:

Major variances that contribute to the result include:


Area Fav / Unfav Main Contributing Factors $
Interest on Favourable Holding higher levels of cash than $401,000
Investments previously budgeted.

Employee Favourable As a result of the stage 2 restructure $1,981,000


Benefits and some temporary savings have
been made due to existing positions not
being backfilled.

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Ordinary Meeting - 21 March 2018

Area Fav / Unfav Main Contributing Factors $


Depreciation Unfavourable As a result of a review on all Council ($1,531,000)
/Amortisation Buildings, individual components are
now recorded more accurately. Instead
of having one building value being
depreciated over its useful life, building
components are depreciated over
different useful lives. Components
include structure, roof, and mechanics
and fit out. This change has increased
Depreciation charges in the current
year to being higher than budget.

Cash Result - YTD Actual vs YTD Budget


The City’s cash result for the first half of the financial year is $2,367,870 favourable to
budget as at 31 December 2017.
The Cash Result takes the Operating Result and removes non cash transactions. It also
includes Capital Works expenditure, loan repayments, new loan drawdowns and
Reserve transfer movements.

YTD Budget YTD Actual Variance


31/12/2017 31/12/2017
$58,427,954 $60,795,824 $2,367,870 Favourable

Non cash nett movements are $373,000 unfavourable with the major variances that
contribute to the favourable cash result detailed above in the operating results.

2. Forecast Performance (01/07/2017 – 31/12/2017)


The mid-year forecast for 31 December 2017, is reported in the same format as the year
to date actual comparison to budget, operating and rate results.

Operating Result - Forecast v Annual Budget

Annual Budget Forecast Variance


30/06/2018 30/06/2018
Surplus Surplus Variance
$22,583,865 $24,707,675 $2,123,810 Favourable

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Ordinary Meeting - 21 March 2018

Major variances that contribute to the forecast favourable operating result include:
Area Fav / (Unfav) Details $
Contributions - Favourable Cash contributions are favourable $5,245,000
Cash due to the timing of contributions
for the Bendigo Stadium
redevelopment being delayed from
last financial year into this financial
year.
Government Favourable Grants favourable due to receiving $1,211,000
Grants – unbudgeted grants for the National
Operational Livestock Identification Program;
Golden Dragon Museum to
showcase Sun Loong at a
Melbourne event; and Bendigo
Cultural Diversity Projection
Project.
Government Favourable Due to receiving unbudgeted $2,995,000
Grants - Capex grants for the Bendigo Tennis
pavilion construction and the Scott
Street bridge in White Hills.
Interest on Favourable Additional earnings due to higher $286,000
Investments levels of cash than budgeted.

User Charges, Unfavourable The unfavourable result is due to ($1,103,000)


Fees and Fines reduced income for Works within
Road Reserves; and lower
revenue from home support
programs. Home support variances
are due to lower than expected
service hours, in part due to the
transition to the National Disability
Insurance Scheme.
Contract Unfavourable The unfavourable forecast is due ($4,559,000)
Payments, to $4M of additional costs
Materials and associated with running the
Services Council's Waste Service. In
particular the landfill cover and
increased levy to meet EPA
requirements at Eaglehawk of $3M
and additional agency relief and
consultant costs.
Depreciation/ Unfavourable As a result of a review on all ($3,052,000)
Amortisation Council Buildings, individual
components are now recorded
more accurately. Instead of having
one building value being
depreciated over its useful life,
building components are
depreciated over different useful

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Ordinary Meeting - 21 March 2018

Area Fav / (Unfav) Details $


lives. Components include
structure, roof, and mechanics and
fit out. This change has increased
Depreciation charges in the current
year to being higher than budget.

Cash Result - Forecast v Annual Budget

Annual Budget Forecast Result Variance


30/06/2018 30/06/2018
Deficit Surplus

($187,347) $1,480,847 $1,668,194 Favourable


(refer progressive summary below)

The difference between the operating surplus variance of $2,123,810 to the forecast
cash result variance of $1,668,194 is $455,616 – a small movement (in net terms) of
non-cash items.

3. Progressive Cash Surplus/Deficit Summary


The cash result must be managed on an ongoing basis rather than annually, as the
impact from previous year's results, will affect the following year's budget. With this in
mind the table below shows:
Annual Budget Forecast Result
Surplus/(Deficit) Surplus/(Deficit)
2017 Cash Result – starting point ($58,878) ($28,558,655)
(forecast includes carry forwards)
Accumulated Surplus Carried Forward $30,039,502 $30,039,502
30/06/17
Carried Forward Capital Work Projects ($29,647,742) -
from 2016-17
Grants received in 2016-17 not spent at ($520,229) -
30 June 2017, that relate directly to
projects in 2016-17

Accumulated Surplus/(Deficit) Carried ($187,347) $1,480,847


Forward 30/06/18

4. Mid-Year Budget Requests


The following requests for additional funds have been received.
Project Details $
Bin Maintenance Officer Casual labour hire is required to maintain $60,000

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Ordinary Meeting - 21 March 2018

the current service standard for bin


maintenance. With the introduction of the
organics service in 2016 and overall
demand, requests for repair and
maintenance have increase by
approximately 50%.
Agency Staff for Landfill Service growth has been utilising Agency $720,000
Transfer Stations staff at the Eaglehawk and Heathcote
Landfills as well as the Strathfieldsaye
and Goornong transfer stations.
Landfill Levy Landfill levy (EPA) is required to be paid $3,000,000
on every tonne of waste received at
Eaglehawk landfill.
Artlands National Arts Artlands is the arts and cultural industry $25,000
Festival annual pinnacle event that typically
attracts in the vicinity of 800 - 1000
conference delegates for a multi-day
conference. Bendigo has the opportunity
to stage this event in 2018.
Redevelopment Options The existing Gas Works Site is an $45,000
– Property important Heritage site and asset that
commenced operation in 1860. The site
is heavily contaminated and is soon to be
cleaned up. This work will inform the
clean-up of critical future works and
development on the site.
Heathcote Bowling Club Works to provide formal off-street parking $100,000
– Car Park for the Bowling Club is included in the
planned works as part of the Barrack
Reserve Redevelopment project, as a
replacement for the informal grassed
parking area that the club currently uses
and that is being utilised for construction
of the new pavilion Northern entry
forecourt and acrylic netball court,
pending final costs of the pavilion and
netball court construction.
Lighting of pitch 4 In 2016 the City sought funding from $85,000
soccer field at Epsom Sport and Recreation Victoria for lighting
Huntly Recreation to Pitch 4 and lighting of the 3 netball
Reserve courts at Epsom Huntly Recreation
Reserve. This submission was
unsuccessful however the City did obtain
$100,000 for lighting at Marist College.
The lighting to Pitch 4 soccer field is
$85,000. This will provide lighting to
soccer training standard.
Pits and Drains There is an increased need for pits and $80,000
Cleaning Contract drains cleaning as current contract budget

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Ordinary Meeting - 21 March 2018

will not cover this.


Techone Licence The licensing agreement with Tech One $60,086
Increase is per 1000 rateable properties. This cost
reflective of the increased fees associated
with organic growth in properties.
Additional Property Additional operational funding is required $150,000
Maintenance to ensure the ongoing operation of the
City's building portfolio. Part of these
additional works and costs have been due
to an increase of building facilities
numbers, i.e. Malone and Dower Park,
and unforeseen works at our major
depots. There has also been a large
increase in vandalism and Graffiti
damage across our property portfolio.

• The recommendation of the Finance Committee results in the following adjusted


Forecast Cash Surplus of $935,761:

Forecast Result
Surplus/(Deficit)
Forecast Accumulated Surplus 30/06/17 prior to $1,480,847
Mid-Year Review
Inclusion of Mid-Year Requests:
• Artlands National Arts Festival 2018 25,000
• Redevelopment Options (Gas Works) – 45,000
Property
• Heathcote Bowling Club Car Park (Deferred 100,000
from 2017/18 Budget)
85,000
• Bendigo FC - Pitch 4 (Deferred from 2017/18
Budget)
• Pits and drains cleaning contract
80,000
• TechOne Enterprise Licence increase 60,086
• Additional property maintenance costs 150,000
Forecast Accumulated Surplus 30/06/18 $935,761

Funded through Reserves:


• Bin Maintenance Officer 60,000
• Agency Staff - Landfill and Transfer Stations 720,000
• Additional Landfill Levy 3,000,000

Conclusion

The Finance Committee has reviewed the Statement comparing Budgeted and Actual
Revenues and Expenses to 31 December 2017, and the financial forecast for 2017/2018.
Having undertaken the review, the Finance Committee recommends that Council
approve changes to the budget to fund mid-year budget requests as listed.

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Ordinary Meeting - 21 March 2018

RECOMMENDATION

That the Greater Bendigo City Council:

1. Receive the Finance Report comparing Budgeted and Actual Revenues and
Expenses to 31 December 2017, in accordance with the requirements of the Local
Government Act.

2. Considers and endorses the list of mid-year budget requests.

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Ordinary Meeting - 21 March 2018

7.3 RECORD OF ASSEMBLIES

Document Information

Author Jessica Clarke-Hong, Manager Governance

Responsible Kerryn Ellis, Director Corporate Performance


Director

Purpose

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

RECOMMENDATION

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

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

Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:


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

Background Information

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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Ordinary Meeting - 21 March 2018

Report

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 31 January 2018
Matters discussed 1. Golden Square Swimming Pool
2. CBD Activation Plan
3. Workshop on Local Government Act Exposure Draft
4. Visit to Dunedin, New Zealand
5. Citizen of the Year Awards
6. Former Red Brick School House, Epsom

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apology:
Cr Jennifer Alden
Staff/ Mr Craig Niemann
Community Mr Lincoln Fitzgerald
Representatives Mr Bernie O'Sullivan
Ms Debbie Wood
Mrs Jessica Clarke-Hong
Mr Peter Hargraves
Apology:
Ms Kerryn Ellis
Ms Vicky Mason

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 5 February 2018
Matters discussed 1. Environmental Review Committee (GBM Gold)
2. Public Space Plan
3. Strategic Heritage Assets
4. GBM Gold Woodvale Solar Project
5. State Planning Policy
6. Administration Local Law No. 10

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Ordinary Meeting - 21 March 2018

7. Review of Draft Ordinary Agenda


8. Capital Venues and Events
9. Red brick building at Epsom Primary School
10. Marong Business Park
11. Register of Interests
12. La Trobe Athletics Facility

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apologies:
Cr Jennifer Alden
Staff/ Mr Craig Niemann
Community Ms Vicky Mason
Representatives Mr David Straw
Mr Bernie O'Sullivan
Ms Debbie Wood
Mrs Jessica Clarke-Hong
Apology:
Ms Kerryn Ellis

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 9 November 2017
Matters discussed Planning application DSD/123/2017
29 Towers Street, FLORA HILL 3550
4 Lot subdivision and construction of 4 dwellings

Attendees/Apologies
Councillors Cr Yvonne Wrigglesworth
Cr George Flack
Staff/ Adele Hayes
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting

PAGE 118
Ordinary Meeting - 21 March 2018

Nil

Meeting Information
Meeting Sustainability and Environment Advisory Committee Meeting
Name/Type
Meeting Date 6 February 2018
Matters discussed 1. Spring Gully Mountain Bike Network Master Plan
2. Community Grants Program Round 2 2018
3. Committee term of appointment
4. Climate Drawdown Summit
5. Bendigo Groundwater Project

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Andrea Metcalf
Apology: Cr Jennifer Alden
Staff/ Mr Anthony Sheean
Community Mr Bernie O'Sullivan
Representatives Mr Trevor Budge
Ms Bridget Maplestone/
M/S Jess Milroy
Mr Chris Weir
Ms Pamela Beattie
Mr Colin Smith
M/S Terri Williams
Ms Kelly Button
Mr James Shaddick
Mr Geoff Caine
Apology:
Ms Kathyrn Stanislawski

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 12 February 2018
Matters discussed 1. Planning matters
2. Councillor Budget Workshop 1

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin

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Ordinary Meeting - 21 March 2018

Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Ms Vicky Mason
Representatives Ms Kerryn Ellis
Mr Bernie O'Sullivan
Ms Debbie Wood
Mrs Jessica Clarke-Hong
Mr Nathan Morsillo
Mr Scott Evans

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Heritage Advisory Committee Meeting
Name/Type
Meeting Date 15 February 2018
Matters discussed 1. Greater Bendigo Heritage Advisory Committee
Terms of Reference
2. Introduction to the new committee
3. Introduction to the City of Greater Bendigo Heritage
Officers
4. Strategic statements on heritage: Aboriginal, built,
cultural and natural
5. Regional Sustainable Development - 'Strategic Report
On Greater Bendigo's Historical Artefacts'

Attendees/Apologies
Councillors Cr Matt Emond
Staff/ Ms Emma Bryant
Community Mr Trevor Budge
Representatives Mrs Wonona Fuzzard
Ms Megan McDougall
Dr Dannielle Orr
Ms Trudy Rickard/
Mr Peter Abbott
Mr David Bannear
Mr Laurie Brown
Bishop Andrw Curnow
Mr Matthew Dwyer
Ms Angela Gladman
Mr Bruce McClure
M/S Jess Millroy
Dr Di Smith
Ms Jenny Trewartha
Mr Darren Wright

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Ordinary Meeting - 21 March 2018

Apology:
Mr Bernie O'Sullivan

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 19 February 2018
Matters discussed 1. Bendigo Sustainability Group briefing
2. Rail Futures Institute briefing
3. Review of Final Ordinary Meeting Agenda
4. Section 89 Confidential Report
5. Redbrick schoolhouse at Epsom Primary School
6. Councillor Budget Workshop 2

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apology:
Cr George Flack
Staff/ Mr Craig Niemann
Community Ms Vicky Mason
Representatives Ms Kerryn Ellis
Mr Bernie O'Sullivan
Ms Debbie Wood
Mr Peter Hargreaves
Mr Nathan Morsillo
Mr Scott Evans
Apology:
Mrs Jessica Clarke-Hong

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Meeting with State Member for Bendigo East, The Hon Jacinta
Name/Type Allan MP
Meeting Date 23 February 2018

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Ordinary Meeting - 21 March 2018

Matters discussed Redbrick schoolhouse at Epsom Primary School

Attendees/Apologies
Councillors Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Apologies:
Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Councillors' Budget Workshop 3
Name/Type
Meeting Date 26 February 2018
Matters discussed Continued Budget 2018/2019 discussions

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

Staff/ Mr Craig Niemann


Community Ms Kerryn Ellis
Representatives Mr Bernie O'Sullivan
Ms Vicky Mason
Ms Debbie Wood
Mr Nathan Morsillo
Mr Scott Evans

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left

PAGE 122
Ordinary Meeting - 21 March 2018

No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 14 December 2017
Matters discussed Planning application DU/352/2017
6 Eddington Street, AXEDALE 3551
Use of the land for a restricted recreation facility (gym),
construction of a car park and display of advertising signage

Attendees/Apologies
Councillors Cr Margaret O’Rourke
Staff/ Grace Paisley
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 20 December 2017
Matters discussed Planning application DU/222/2017
729 Edwards Road, MARONG 3515
Use of land for motor repairs and a vehicle store

Attendees/Apologies
Councillors Cr Matt Emond
Jennifer Alden
Staff/ Cr Chris Duckett
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 23 January 2018
Matters discussed Planning application DSD/656/2017
2 Albion Street, KENNINGTON 3550
Two lot subdivision and construction of two dwellings

PAGE 123
Ordinary Meeting - 21 March 2018

Attendees/Apologies
Councillors Cr Margaret O’Rourke
Cr Yvonne Wrigglesworth
Staff/ Grace Paisley
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 14 December 2017
Matters discussed Planning application DU/352/2017
6 Eddington Street, AXEDALE 3551
Use of the land for a restricted recreation facility (gym),
construction of a car park and display of advertising signage

Attendees/Apologies
Councillors Cr Margaret O’Rourke
Staff/ Grace Paisley
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 19 January 2018
Matters discussed Planning application DU/768/2017
5 Matchett Drive, STRATHDALE 3550
Use and development of land for industry (Brewery), food and
drink premises (Cafe), the sale and consumption of liquor,
reduction of car parking requirement and advertising signs

Attendees/Apologies
Councillors Cr Yvonne Wrigglesworth
Staff/ Chris Duckett
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

PAGE 124
Ordinary Meeting - 21 March 2018

Matter Councillor/officer making disclosure Councillor/officer left


No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 19 February 2018
Matters discussed Planning application DU/761/2017
Lot 1 Collins Lane, EMU CREEK 3551
Use and development of land for animal husbandry

Attendees/Apologies
Councillors Cr Margaret O’Rourke
Cr Yvonne Wrigglesworth
Staff/ Grace Paisley
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

PAGE 125
Ordinary Meeting - 21 March 2018

8. URGENT BUSINESS

9. NOTICES OF MOTION

Nil.

10. COUNCILLORS' REPORTS

11. MAYOR'S REPORT

12. CHIEF EXECUTIVE OFFICER'S REPORT

13. CONFIDENTIAL (SECTION 89) REPORTS

13.1 Confidential Report in accordance with Section 89(2)(d) of the Local


Government Act relating to a contractual matter

PAGE 126
Ordinary Meeting - 21 March 2018

APPENDIX / ATTACHMENTS

PAGE 127

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