AGENDA Ordinary Meeting of Council - City of Greater Bendigo...• 16 Marshall Crescent, Heathcote...

AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 16 November 2016

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

VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo NEXT ORDINARY MEETING: Wednesday 14 December 2016 Bendigo Town Hall

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

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

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

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

Council VisionCouncil VisionCouncil VisionCouncil Vision

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

Council Council Council Council ValuesValuesValuesValues

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

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

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

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

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

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

ThemesThemesThemesThemes

1. Planning for Growth

2. Presentation and Vibrancy

3. Productivity

4. Sustainability

5. Leadership and Good Governance

ORDINARY MEETING WEDNESDAY 16 NOVEMBER 2016 ORDER OF BUSINESS: ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

CR FYFFE'S REPORT 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 9

2. PLANNING FOR GROWTH 10

2.1 50 Bassett Road, Sebastian - Use of Land as War ehouse (Storage of Re-Locatable Buildings), and Associated Works

10

2.2 180-184 High Street, Bendigo - Partial Demoliti on, Buildings and Works to Extend Building, External Alterations, Increase in the Liquor Licence Area an d Alteration of an Access to a Road Zone Category 1

23

2.3 7 Roslyn Court, Kennington - Two Lot Subdivisio n 42

2.4 Plan Bendigo 52

3. PRESENTATION AND VIBRANCY 58

3.1 Country Football Netball Grant Program 58

4. PRODUCTIVITY 65

5. SUSTAINABILITY 65

5. LEADERSHIP AND GOOD GOVERNANCE 66

5.1 Record of Assemblies 66

5.2 Contracts Awarded Under Delegation 73

6. URGENT BUSINESS 75

7. NOTICES OF MOTION 75

8. COUNCILLORS' REPORTS 75

9. MAYOR'S REPORT 75

10. CHIEF EXECUTIVE OFFICER'S REPORT 75

11. CONFIDENTIAL (SECTION 89) REPORTS 75

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 16 November 2016

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time.

PUBLIC QUESTION TIME

Public Question Time – 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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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 FYFFE'S REPORT


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DECLARATIONS OF CONFLICT OF INTEREST

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


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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 12 October 2016. The following items were considered at the Ordinary Council meeting held on Wednesday 12 October 2016 at 6.00pm

• City of Greater Bendigo Annual Report 2015/16 • Mayor's Report for 2015/16 • Recognition of Retiring Councillors • Petition - request to reopen closed section of Campaspe Street, Elmore • Adopt Planning Scheme Amendment C212 - Corrections Amendment • 16 Marshall Crescent, Heathcote 3523 - Subdivide Land into 3 Lots and Creation of

Common Property • 11 Hall Street, Eaglehawk 3556 - demolition of dwelling and outbuildings • 19 Forbes Court, North Bendigo 3550 - variation to restrictive covenant (single

dwelling restriction), construction of two dwellings and two lot subdivision • 41 Alexander Road, Junortoun 3551 (Lot 3 of PS 649236 a) - approval of a

development plan; removal of covenant; and subdivision of land into 8 lots • Strathfieldsaye town centre urban design framework - community consultation • Proposal for a memorial to Daryl McClure • Outdoor seasonal pools end of season report • Annual summary of operations - Bendigo and Heathcote tourism visit information

centres 2015/16 • Annual summary of operations - Capital Venues and Events 2015/16 • Annual summary of operations - Bendigo Art Gallery 2015/16 • State Government funding changes for disability inclusion • Bendigo Small Business Festival 2016 • Annual summary of operations - Bendigo Airport 2015/16 • Annual report - Bendigo Livestock Exchange - 2015/16 • Annual report - Works Unit 2015/16 • Audit Committee Chairperson's annual report 2015/16 • 2015/16 Annual report - Goldfields Library Corporation • 2015/16 Annual report - Bendigo Stadium Ltd • Women Showing the Way Forum 2016 • Record of Assemblies • Contracts Awarded under Delegation • Citizens' Jury Council Report 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 12 October 2016, as circulated, be taken as read and confirmed.


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1. PETITIONS AND JOINT LETTERS

Nil.

Planning for Growth - Reports Ordinary Meeting - 16 November 2016

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2. PLANNING FOR GROWTH

2.1 50 BASSETT ROAD, SEBASTIAN 3556 - USE OF LAND AS WAREHOUSE (STORAGE OF RE-LOCATABLE BUILDINGS), AND ASSOCIATED WORKS

Document Information

Author Simon Francis, Statutory Planner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Purpose / Summary

Application details: Use of land as warehouse (storage of re-locatable buildings) and associated works.

Application No: DU/256/2016

Applicant: C L Claridge

Land: 50 Bassett Road, SEBASTIAN 3556

Zoning: Farming Zone

Overlays: Nil

No. of objections: 23

Consultation meeting:

Held on 6 October 2016. The consultation meeting was attended by Councillors Cox and Williams, three (3) of the submitters, the applicant and land owner.

Key considerations: • The use of Farming Zoned land for warehousing transportable buildings

• Amenity impacts on adjoining and nearby land owners and; • Would the issuing of a planning permit result in an acceptable

planning outcome.

RECOMMENDATION

(a) Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for the use of the land for a warehouse and associated works at 50 Bassett Road, Sebastian 3556 on the following grounds:


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1. The proposal is contrary to the purpose and decision guidelines of the Farming

Zone.

2. The issuing of a planning permit for the use would be contrary to the intent of the Industrial Policy.

3. The proposal will have an adverse amenity impact on the area.

(b) If an application to review the decision of refusal is not lodged with the Victorian

Civil Administrative Tribunal (VCAT) within 60 days of the refusal being issued, Council is to commence enforcement action.

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

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2016-2017 Update)

Planning for Growth • Planning ensures residents have access to diverse, affordable and sustainable

housing choices.

Presentation & Vibrancy • Greater Bendigo is a community that values its heritage, arts facilities and major

events and supports arts and cultural experiences.

Productivity • Greater Bendigo has a vibrant and diverse economy that grows jobs and enables

good living standards.

Sustainability • The built and natural qualities that make Greater Bendigo an attractive and appealing

place are valued and conserved.

Background Information

Relevant Planning History • Development of land for a Game Bird and Small Gourmet Poultry Breeding Facility -

DC/180/2008 • Construction of a dwelling - DR/780/2010 • Amended Plans for Construction of a Dwelling (changes to floor plan, elevations &

siting, and addition of a shed) - AM/780/2010 (16/3/2015) • Amended Plans for Construction of a Dwelling (increase from 3 to 4 bedrooms) -

AM/780/2010 (5/5/2016) The current application is the result of compliance action being undertaken which commenced in March of 2016. The land has continued to be used to warehouse transportable buildings.


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View of site from Bendigo Pyramid Road View of site from Bassett Road

View of the transportable buildings located on site

Figure 1 : Photograph showing subject site & existing conditions including the location of the transportable buildings.


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Report

Subject Site and Surrounds

The subject site is known as 50 Bassett Road, Sebastian. It is a square shaped lot of 16.1hectare that contains a dwelling, associated outbuildings as well as a dependent persons unit. Access to the property is from an existing crossover off Bassett Road. The subject site has several scattered trees to the front of the site but is generally devoid of shrubs and trees. The subject site and all adjoining land are zoned Farming. East of the Bendigo Pyramid Road are lots generally greater than 8 hectares with most either containing a dwelling or planning approval to construct a dwelling. To the west of the Bendigo-Pyramid Road is the township of Sebastian. Surrounding both of these areas are broad acre farming activities. The surrounding pattern of development in close proximity can be described as farming zoned land of low to poor agricultural versatility and fragmented by dwellings in separate ownership.

Existing alongside the dwelling and dependent persons unit are the transportable buildings subject of this application.


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Figure 2 : Location map showing subject site in yellow and a black rectangle indicating area of land to be used to warehouse transportable buildings. Objectors’ properties within a 4km radius are marked with a red star. Some sites have two stars as objections were lodged individually.

Proposal

The application seeks approval to: • Use land for the warehousing (store relocatable dwellings); • Associated works including driveway.

The plan supporting the permit application indicates a 100 metre by 50 metre (5,000 square metre) portion of the site will be used to warehouse transportable buildings. This area is located: • 100 metres from the Bassett Road boundary and behind the existing dwelling and

dependent persons unit; • 10 metres from the eastern boundary with 1530 Bendigo Pyramid Road and; • 540 metres from the Bendigo Pyramid Road to the west. Access to the storage area would be from an all-weather standard road and to the satisfaction of the CFA and the responsible authority.


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Figure 3 : Site plan indicating location of area proposed to be used to for warehousing submitted in support of the application.

Planning Controls - Greater Bendigo Planning Scheme

In this case a permit is required as Clause 35.07-1 Farming Zone requires a permit to Use land as a warehouse and associated works. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework

• 11.05 Rural development • 14.01 Agriculture • 17.02 Industry Municipal Strategic Statement

• 21.02-4 Key Issues and Influences (Economic development industrial & Agriculture) • 21.07 Economic development Local Planning Policies

• Clause 22.05 Industrial Policy Other Provisions

• 35.07 Farming Zone


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• 52.06 Car parking • 52.07 Loading and unloading of vehicles • 65 Decision guidelines • 66 Referral and notice provisions

Consultation/Communication

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

Referral Comment

Traffic & Design No objection subject to the following: • Any new crossing from Bassett Road to be constructed to the

standard of the responsible authority; • Upgrading the driveway, parking arrangements and upgrading

vehicle crossover to the site; • Turning movement drawings are required showing how over

dimensioned vehicle will safely access the site, including the location of trees.

Country Fire Authority (S52)

Several conditional requirements including: • Fire break buffer and management requirements; • 4 metre separation between buildings; • 45,000 litre water supply and location of supply; • Hard stand area; • Access arrangements. Officer comment: The BMO is only proposed at this stage. The conditional requirements are not considered onerous or unreasonable and would be included on a permit if one was to issue.

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, twenty three (23) objections were received, with the grounds of objection being:

• The use of the land for warehouse (store) is not in keeping with the adjoining land uses or appropriate for the Farming Zone and does not comply with State and local policies;

• The proposed use is prohibited in the zone and not supported by policy therefore Council cannot consider the application;

• Insufficient information submitted with the application;

• Visual impacts resulting from buildings being stored on the land;


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• Decrease in land value;

• Traffic issues on Bassett Road;

• Roadside vegetation removal required;

• Contamination from debris, asbestos and building materials;

• Fire hazard;

• Buildings located where flooding occurs;

• Concerns relating to the statutory declaration being falsely lodged;

• The process of how the Planning Unit assessed the application; The objections are discussed in the planning assessment below.

Planning Assessment

Changes to the Farming Zone relating to the inclusion of Warehouse and Industry In 2013 Amendment VC103 had the effect of making the use of the land for a warehouse as well as industry permissible uses in the Farming Zone subject to a permit being granted. The change allowed the following uses to become 'as of right' in the zone (subject to conditions): • Rural industry; • Primary produce sales; • Rural store; In addition, the following uses require planning approval: • Industry • Trade supplies; • Warehouse. Whether the Farming Zone is suitable for the use of land to warehouse transportable buildings Objectors argue that the proposed industrial use is prohibited therefore cannot be considered. This is not the case and all applications submitted to the Planning Unit must be considered. The use of the land for a warehouse is permissible in the Farming Zone subject to approval. The warehouse use in this instance involves storing transportable buildings which is a permissible uses in the Farming Zone, subject to planning approval. The proposed use of the land as a warehouse has its own definition and is not nested within the definition of industry. This is clarified in Clause 75.15 of the Greater Bendigo Planning Scheme.


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When considering the purposes of the Farming Zone as a whole, the primary focus is to retain agricultural land for agricultural purposes and encourage employment which in turn supports rural communities. The employment it encourages should relate to agriculture, as otherwise it would not serve its primary purpose of encouraging the retention and utilisation of land for the purpose of farming. Because a use is permissible does not infer that a permit should or will be issued and Council must consider if the issuing of a planning permit would: • Remove agricultural land from potential agricultural productivity; • Be appropriate to allow a warehouse use on a relatively small lot in the Farming Zone

rather than on industrial zoned land; • Meet the purpose and decision guidelines to the Farming Zone. The above will be discussed throughout the body of the report. Agriculture The primary purpose of the Farming Zone and policy guidance is for the land to be used for agriculture as well as ensuring that non-agricultural uses permitted do not adversely affect the use of land for agriculture. No one objected to the proposal based on direct impacts to their agricultural activity from warehousing occurring on the site. The Planning Scheme emphasises the protection of productive agricultural land from unplanned, permanent removal or incompatible adjoining uses (Clause 14.01) and encouraging sustainable agriculture (clause 14.01-2). The economic development policy (clause 21.07) also lists agriculture as an important element of the economy and seeks to protect agricultural land from competing, inappropriate land uses, to maintain the potential for agricultural production and to minimise fragmentation of productive land parcels. The land appears to have been used for grazing in the past and a permit was issued in recent times for the land to be used for game bird and small gourmet poultry breeding facility. The use did not eventuate and may have had a greater impact via visual clutter and other amenity considerations than the current proposal. The use of the land to warehouse transportable buildings has no relevance to the maintenance of the land for farming purposes. No evidence was submitted by the applicant demonstrating the location is not agriculturally versatile by virtue of area, soil profile or being in a farm setting that is already fragmented. Similarly no argument was submitted how the proposal encourages the retention of employment and population to support rural communities as per a purpose of the Farming Zone. The lack of information provided in support the application results in the proposal failing to meet the purpose of the Farming Zone or adequately address the decision guidelines.


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Council must consider the desirability of temporarily removing Farming Zoned land from primary production, the compatibility between the proposed use and existing uses on surrounding land, siting and design issues that may impact on major roads, vistas as well as any measures undertaken to minimise adverse impacts as directed by the Planning Scheme. Industry Objectors claim the use of the land is for industry and not permitted in the zone and contrary to the industrial policy at Clause 22.05 of the Planning scheme. As previously discussed Warehouse and Industry have separate definitions. Both uses are permissible within the Farming Zone. The question to be answered is - should a permit for warehouse be approved on this specific Farming Zoned lot? The objective of Clause 17.02 -1 Industrial land development is to ensure availability of land for industry by identifying land for industrial development within urban growth areas where: • Good access for employees, freight and road transport is available. • Appropriate buffer areas can be provided between the proposed industrial land and

nearby sensitive land uses. Clause 21.02-4 Economic Development (industrial diversification) responds to clause 17.02-1. It references the Bendigo Industrial Land Strategy (2002) that recommends future industrial development will be promoted within the East Bendigo industrial precinct and that the precinct will be developed to ensure industrial land availability. It is also stated that rural based industry will be encouraged to be located in the Goornong industrial precinct. Clause 21.07 Economic development (industry) reiterates that East Bendigo will be the focus of immediate industrial activity now and in the near future. The relevant objectives of Clause 22.05 Industrial Policy promote East Bendigo as the preferred location for industry expansion, marketing and infrastructure, to provide a range of industrial land and buildings to meet the needs of a broad range of industries. It is also policy to discourage industrial development in rural areas of the municipality, unless they can demonstrate they are a rural enterprise that value adds to the agricultural base of the municipality. The applicant has had discussions with the City’s Economic Development Unit to assist with securing a site on Industrial land. To date, no site appropriate for the needs of the applicant has been found. The changes to the Farming Zone allow industrial uses and warehousing to occur on Farming Zone land. The Local Policy in a generic sense does not. It is possible for warehousing could occur on Farming Zoned land subject to conditions relating to the location and management of the area. Whilst there is a policy to locate industry generally within specific precincts it is not a standalone reason to refuse the application. Would granting a planning permit, given the setting, result in an acceptable planning outcome?


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Although it is proposed to restrict the warehousing activity to a specific area, allowing the use to occur would not result in an acceptable planning outcome given the site context. Approval would set an inappropriate precedent for the location of warehousing on what is a relatively small parcel of Farming Zone land in reasonably close proximity to dwellings. This is especially so when Council has a policy which encourage uses to specified locations which are appropriately zoned for ‘industrial’ purposes. The Planning Scheme states that because a permit can be granted does not imply that a permit should or will be granted. Council must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause with key considerations being:

• The matters set out in Section 60 of the Act (including the objective "to provide for the fair, orderly, economic and sustainable use and development of land");

• The State Planning Policy Framework and the Local Planning Policy Framework; • The purpose of the zone or other provision; • The orderly planning of the area; • The effect on the amenity of the area. When considering the objectives of planning in Victoria and the decision guidelines of the Planning Scheme, the proposal to use the land for warehouse will: • Affect the amenity of the area via visual clutter; • Not meet the primary purpose of the Farming Zone, to facilitate agricultural purposes

and; • Not result in an acceptable planning outcome on Farming zoned land in reasonably

close proximity to dwellings. Whether the proposal is compatible with adjoining and nearby land uses and potential amenity impacts Notwithstanding the above, this is arguably the most important consideration in this application. The objectors are concerned that the visual impact from buildings being warehoused on the land, as is currently occurring, will continue if a planning permit was issued: There is the potential to mitigate the visual issues, however, the applicant has made minimal attempt to address the concerns of the nearby residents. The location of the buildings will be viewable from two roads and there is insufficient distance to ensure the amenity of the area via visual clutter is not detrimentally affected. Amenity impacts from truck movements, dust and noise from reversing alarms on trucks are also amenity impacts. The applicant acknowledged in a consultation meeting they are actively seeking an alternative site to accommodate the business that does not require moving themselves and employees to a neighbouring municipality. The proposal is not compatible with adjoining and nearby land uses and has the potential to impact on the amenity of residents.


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Objector concerns not already discussed • Decrease in property value

Devaluation has been repeatedly tested at VCAT in the past. VCAT has determined that devaluation must be substantiated and therefore has rarely been successfully argued as a ground for appeal. It is uncertain whether the proposal will indeed affect the value of any adjoining property. • Vegetation removal

The application does not include the removal of native vegetation. If native vegetation removal on the road reserve was required to allow vehicles to enter the land, the purchasing of appropriate offsets would meet the requirement of the Planning Scheme and be an acceptable outcome. • Traffic safety

If approved a note would detail that a Works on Road Reserve permit would need to be obtained from the City’s Engineering Department. • Drainage concerns

The City’s drainage engineers have not raised concerns with the proposal. • VicRoads approval not obtained

The site does not adjoin a VicRoads road, therefore the application was not referred for VicRoads for comment. The applicant must obtain a VicRoads permit to transport buildings and VicRoads have the ability to set the requirements and road upgrades if required. • Asbestos, rubbish and vermin management

The applicant has advised that the buildings are not allowed to be transported until all asbestos has been removed. No waste management or vermin controls were proposed by the applicant, however, conditions on a permit could address this.

Conclusion

The land is a 16 hectare lot zoned Farming which interfaces with rural lifestyle lots. Both the Bendigo-Pyramid and Bassett Roads are frequently utilised and the proposal is viewable from both of these roads. A key amenity impact on residents is the visual clutter of warehousing transportable buildings on the site. Although the Farming Zone permits the use of warehousing via a planning permit, issuing of planning approval for warehouse would not result in an acceptable planning outcome based on the following: • The proposal is contrary to the purpose of the Farming Zone • Although permissible in the Farming Zone, the proposal use is more appropriate for

land zoned Industrial • The uses of the land and the proximity to existing dwellings will have an

unreasonable impact on the amenity of the area and adjoining residents.


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All things considered, the issuing of a planning permit for the use of land for warehousing transportable buildings proposed would not result in an acceptable planning outcome.

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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2.2 180-184 HIGH STREET, BENDIGO 3550 - PARTIAL DE MOLITION, BUILDINGS AND WORKS TO EXTEND BUILDING, EXTERNAL ALTERATIONS, INCREASE IN THE LIQUOR LICENCE AREA AN D ALTERATION OF AN ACCESS TO A ROAD ZONE CATEGORY 1


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

Summary/Purpose

Application details: Partial demolition, buildings and works to extend building, external alterations, increase in the liquor licence area and alteration of an access to a Road Zone Category 1.

Application No: DC/469/2016

Applicant: B J Green

Land: 180-184 High Street (The National Hotel), BENDIGO 3550

Zoning: Commercial 1 Zone Road Zone 1 General Residential Zone

Overlays: Heritage Overlay 11 Neighbourhood Character Overlay 1

No. of objections: 5 and 1 letter outlining concerns.


A meeting was held on 20th October, attended by 4 local residents, the applicant, hotel operators and Cr. Williams.

Key considerations: • Whether the heritage fabric of the building will be adversely affected by the proposal.

• Whether the proposed changes, including an increase in the liquor licence area, will result in any amenity impacts.

Conclusion: The majority of this proposal is fully supported as it complies with the Planning Scheme. However, the proposed alteration to the façade facing Violet Street, comprising bi-fold doors, would adversely affect the heritage significance of the place and is contrary to the findings of a previous VCAT Order. A single leaf door would be acceptable and a condition requiring the opening to be reduced accordingly is recommended. Residents have raised legitimate concerns which primarily


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relate to off-site amenity impacts which lie outside the scope of this proposal. In terms of amenity impacts that can be considered under this proposal, the area where the liquor licence is increased is relatively small, well separated and buffered from residential properties and does not increase the number of patrons.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for partial demolition, buildings and works to extend building, external alterations, increase in the liquor licence area and alteration of an access to a Road Zone Category 1 at 180-184 High Street, BENDIGO 3550 subject to the conditions at the end of this report:

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Policy Context



housing choices.








The National Hotel operates under a number of permissions including some which regulate activities which sit outside the planning process. In considering this application it is important to set out where the various responsibilities lie. Liquor licence While the City issues many planning permits for liquor licences, the Victorian Commission for Gaming and Liquor Regulation (VCGLR) also approves liquor licences and many historic licences are in force that have not been through a planning process. However, a planning permit is required in most instances where a licensee seeks to vary an existing VCGLR licence.


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The National currently has a VCGLR approved licence for 390 patrons with consent to serve alcohol on the premises to 1am other than Sundays and some public holidays. Off premise consent for consumption of alcohol in the outdoor dining area is limited to 11pm. Compliance with and enforcement of liquor licences is primarily the responsibility of VCGLR and Victoria Police. Outdoor dining facilities Outdoor dining facilities on the public footpath are regulated through local law permits issued by the City, which places certain restrictions on the premises relating to matters such as hours of operation and controlling patron behaviour so as not to affect amenity. The National has a local law permit for outdoor dining which expires on 31 July 2017. The permit has the same hours as the liquor licence (consumption of alcohol until 11pm). Compliance with local laws is primarily the responsibility of the City’s Local Laws Officer who works in close consultation with Victoria Police when required.

Report


The subject site comprises a number of parcels with frontages to High Street, Violet Street and Honeysuckle Street. The site includes a Victorian-era, red brick hotel which sits on the corner of High and Violet Streets, motel accommodation constructed in the late 1980s and car parking. The site’s main vehicular access is from Honeysuckle Street. There is also an egress onto High Street via an existing driveway that is a former drive-thru bottleshop. As shown in figure 2 below, the zoning of the site is General Residential Zone (pink) and Commercial 1 Zone (mauve) and is affected by Heritage and Neighbourhood Character Overlays. The surrounding area is a mixture of residential and commercial buildings, with the hotel/motel site abutting the residential area to the north.


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

Figure 2 : Zoning map showing subject site. Planning History The site has an extensive planning history. Relevant to this proposal are the following planning applications.


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Application No. Proposal Decision

2538/85 Extension to the Hotel for restaurant/bistro.

Approved

3208/88 24 Unit Motel. Approved

050/94 Alterations to hotel (including the bricking up of the door to a current window opening).

Approved

DC/378/2007 Installation of new doors (in place of window facing Violet Street).

Approved by Council but varied on appeal by VCAT.

Proposal

Figure 3: Overall site plan Figure 3 above identifies the location of the components of the proposal as:

1- Removal of crossover to an arterial road 2- Increased licence area fronting High Street 3- Extension of Hotel though infilling drive-thru 4- Alteration to facade to create an opening with a bi-fold doors 5- Replacement of a door with a timber framed window Each component is discussed in more detail below. 1. Removal of crossover to an arterial road


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As the proposal will be removing an existing drive-thru configuration, there will be a need to alter the former vehicular access by removing it. 2. Increased licence area fronting High Street A liquor licence exists on the majority of the hotel site. However, there will be a small extension into the new alfresco area in the former drive thru area. The total increase in liquor licence area would be around 17 square metres. See figure 4 below.

Figure 4: Extended hotel with ‘red line’ extension shaded 3. Extension of Hotel though infilling drive-thru A cement sheet clad wall will be constructed to an existing drive thru to create an extended conference room and an alfresco area (on the premises). An existing parapet wall will be clad with feature tiles. There would also be a glazed enclosure which would be setback from the street by 1m. The enclosure would include tiled columns. The height of the enclosure would be 2.2m.


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Figure 5: Proposed outdoor dining area facing High Street 4. Alteration to façade to create an opening with a bi-fold doors It is proposed to remove the existing window and demolish part of the original brickwork of the façade facing Violet Street. This would create a 1.8m wide opening which would be filled with timber bi-fold doors. 5. Replacement of a door with a timber framed window It is proposed to remove an existing door which currently is the main entry to the hotel bar area and replace it with a fixed window of the same size.

Figure 6: Existing elevation (top) and proposed elevation showing replacement doors


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

• Clause 11.02 Urban growth • Clause 11.05 Regional development • Clause 15.11 Heritage Municipal Strategic Statement

• Clause 21.07 Economic development Local Planning Policies

• Clause 22.06 Heritage Policy • Clause 22.27 Licensed premises Policy Other Provisions

• Clause 32.08 General Residential Zone • Clause 34.01 Commercial 1 Zone • Clause 43.01 Heritage Overlay • Clause 52.06 Car parking • Clause 52.27 Licensed premises • Clause 52.29 Land adjacent to a Road Zone, Category 1 The need for a planning permit is triggered by the following clauses:

• 34.01 Buildings and works • 43.01 Construct a building and carry out works which change the appearance

of a heritage place not undertaken to the same details, specifications and materials.

• 52.27 Increase the area used for the sale and consumption of alcohol • 52.29 Alteration to an existing access to a Road Zone, Category 1.


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

Referral Comment

VicRoads No objection subject to conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions


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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, 1 letter of comment and 5 objections were received, with the grounds of objection summarised as:

• Introduction of a bi-fold door with resulting noise and traffic impacts;

• No evidence or analysis of whether noise will affect residential properties;

• Fixed bar seating and associated consumption of alcohol;

• Parking and traffic congestion;

• Future increase in patrons allowable under liquor licence;

• Extended liquor licence will impact on the immediate amenity of the area;

• Family friendly corner pub being turned into entertainment venue;

• Hotel is in contravention of Liquor Control Reform Act;

• The existing trading hours are not consistent with Council's Licensed Premises Policy and other policy related issues;

• Impact of additional outdoor dining area;

• Anti-social behaviour;

• Possibility of future live entertainment;

• On-going issues with the management of the hotel.

The objections are discussed below.

Planning Assessment

Heritage and built form considerations The site falls within the Rowan Street Heritage Precinct - HO11. The National Hotel is not specifically listed as a heritage place in the Overlay nor is it within an individual overlay. Heritage is referenced as an important consideration throughout the Planning Scheme. Clause 15.11 Heritage relates to the need to conserve and protect places associated with the historic and cultural development of Victoria. Clause 22.06 Heritage Policy includes the following relevant objectives: • To encourage the preservation, maintenance, restoration and where appropriate,

reconstruction of heritage places. • To encourage the sympathetic re-use and adaptation of heritage places so that such

places are maintained and enhanced. It is policy to consider, relevant to this application:


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Additions and Alterations • Encourage additions and alterations that retain and protect the main

architectural style, structure and significance of the heritage place. • Ensure integration of new development by encouraging design that respects

the heritage place through its setting, location, bulk, form, materials and appearance.

• Ensure that alterations and additions to a heritage place do not detract from the significance or views of adjoining heritage places and/or precincts. Encourage additions and alterations that avoid demolition of a heritage place and/or contributory elements; retaining facades only is discouraged.

Demolition • Encourage the retention of original elements that contribute to the significance

of a heritage place including but not limited to windows, doors, chimneys, verandahs, shopfronts, fences, outbuildings and trees.

Decision Guidelines - General • Whether the proposal meets the objectives of this policy. • Whether the application responds to the relevant design suggestions in the

Greater Bendigo Heritage Design Guidelines, August 2015. • The views of a qualified Heritage expert, where appropriate.

The purpose of Clause 43.01 Heritage Overlay, relevant to this proposal is to ensure that development does not adversely affect the significance of heritage places. The decision guidelines of the clause reflect this. Clause 43.01-4 sets out the decision guidelines that the responsible authority must consider as appropriate. Those relevant to this proposal include whether the proposed works will affect the significance, character or appearance of the heritage place. As set out above there are three components to alterations to the building. The alterations to create an extended conference room and al fresco area in the former bottle shop area will not adversely impact on the heritage place as they only affect the non-contributory elements of the place and will make little difference to the way in which the original building is read from the street. The alteration to the heritage façade has two components. Installing a fixed window in place of an existing door on the diagonal corner is acceptable as the door is not an original feature and there would be no change to the brickwork or the outward appearance of the building. However the alteration to introduce a bi-fold door on the Violet Street façade will have an adverse impact and this is discussed below. The VCAT Decision The consideration of the previous application by the Tribunal in 2008, is a good place to start in the assessment of the contentious heritage component of this application.


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The previous application in 2007 was for approval of a 3.6m wide, five leaf, timber stacker door in place of an existing window - the same window that is the subject of this application. Officers had recommended refusal of the application but Council resolved to approve it. The decision was challenged at VCAT by National Trust (Bendigo Branch). At the VCAT hearing, photographs were produced which showed that a door was in place dating back to 1971 and a review of the planning history suggests that the door was changed into a window as result of a planning permit in 1994. So the current window configuration may not be in its original form. The Tribunal summarised the opposing arguments, which were essentially an undermining of the heritage fabric versus facilitating a sympathetic reuse and maintenance of a heritage place. The Tribunal acknowledged that the hotel was not in a pristine or original state and would have supported a 3.6m wide door in the High Street elevation which has had some unsympathetic alterations. However, the Violet Street facade is largely unaltered and the door would be out of proportion with other window and door openings. The Tribunal agreed with the City’s Heritage Advisor and Planning staff that the replacement of the window with a door of the same opening width was an acceptable heritage outcome. The Member commented that this would in part meet the applicant’s objective of improving pedestrian access between indoors and outdoors. Although this proposal is for a window half the size of the previous proposal, the same principles apply, in that it would be out of proportion with existing window and door openings and would be removing original fabric from a largely intact façade. As the proposal would affect the rhythm and proportions of the façade and remove original brick it would not comply with the City’s heritage policy on the demolition of and alterations to original features. In accordance with the policy, the views of the City’s qualified heritage expert have been taken into account in forming this judgment.


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Figure 7: Photo of window opening In light of the factors discussed above, it would not be appropriate to approve the alteration sought. However, as all other aspects of the proposal are acceptable from a heritage perspective it is appropriate to approve the development with the same condition that VCAT imposed on the earlier application allowing a door opening of the same proportions as the existing window. The proposal has also been considered against the relevant decision guidelines for buildings and works in the Commercial 1 Zone. Of particular relevance to this application are the guidelines that consider the interface with residential areas and car parking. Both of these issues are discussed in detail below. Off-site amenity impacts The main considerations in relation to amenity are the impacts from the use of the new outdoor dining area fronting High Street and the consequent increase in liquor licence area. Council has its own local liquor licence policy at Clause 22.28 of the Planning Scheme. The policy has the purposes of ensuring that licensed premises are situated in appropriate locations and that the impact of the licensed premises on the amenity of the surrounding area is considered. An assessment of the policy is provided below:


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Policy Requirement Measurement Assessment

Bendigo Liquor Accord

Evidence of commitment to the Bendigo Liquor Accord and adherence to the principles of the Accord.

The operators are not a signatory to the Accord but have advised that they adhere to the principles and attend Accord meetings.

Amenity The operation of the licensed premises will not permit or cause undue detriment to the amenity of the area to occur out of or in connection with the use of the premises.

The extended licensed area will be further away from residential properties than the existing licensed area and is unlikely to result significantly harmful amenity.

Noise The licensed premises to undertake measures to limit noise emissions from the premises.

The nearest residential accommodation to the increased licence area are the motel rooms on-site.

Noise emissions from licensed premises to comply with the standards specified in the State Environmental Protection Policy.

As the motel is within the same ownership it is reasonable to assume that this would have a self-regulating effect on any noise, as patrons of the motel would most likely be the first to complain.

Noise emitted from the premises will not detrimentally impact on residential properties.

The nearest dwellings are around 75m away from the extended area (beyond the motel), and any noise would most likely be buffered by the motel building.

Safety The operation of the licensed premises will ensure the safety of patrons. The operation of the licensed premises will not impact on the safety of the surrounding area and in particular, the safety of persons residing in, or travelling through that area.

Security measures already exist and no additional measures are required for such a small increase in area.


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Location The location of the licensed premises will not detrimentally impinge on residential properties. Cluster development of licensed premises will not be encouraged outside the Entertainment Precinct. New licensed premises will be discouraged from locating in a residential zone or within a 100 metre buffer area from a residential zone. Extended hours for existing licensed premises in a residential zone or within a 100 metre buffer area from a residential zone will be discouraged.

This policy largely relates to new premises. In relation to the extended area, as discussed in the noise section above, it will be unlikely to adversely impact residential properties.

Patron capacity

The maximum number of patrons permitted on the licensed premises will be limited to the safe and amenable operating capacity of the premises as set out in the Building Regulations 1994. Licensed premises operators are required to ensure that the maximum number of patrons allowed on the premises is not exceeded.

Patron numbers as permitted by the existing liquor licence are unchanged.

Car parking Licensed premises are to provide car parking as required in accordance with the Greater Bendigo Planning Scheme, Clause 52.06. Discussed below

Traffic The operation of licensed premises does not detrimentally impact on car parking availability and the functioning of local traffic networks.

Complaint procedures

Licensed premises to develop standard procedures to be undertaken by all staff in the event of complaints.

The applicant has advised that they have a complaints procedure in place.


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Hours of operation

Outside the Entertainment Precinct, the following hours of operation will generally be supported: Sunday: 10am to 11pm Good Friday: 12 noon to 11pm Anzac Day: (not being a Sunday) 12 noon to 1am the following morning On any other day: 10am to 1am the following morning.

There is no change in the hours of operation.

Clause 52.27 liquor licence has the purposes of ensuring that licensed premises are situated in appropriate locations and that the impact of the licensed premises on the amenity of the surrounding area is considered. The clause also has decision guidelines which reflect the purpose of the clause. This provision does not raise any issues over and above those discussed in the local liquor licence policy. In summary, for the reasons stated above the increase in the area in which alcohol will be served complies with liquor licensing policy and is acceptable. A number of other matters have been raised by residents which may cause amenity impact but they lie outside the scope of this application for the reasons discussed below: • Introduction of a bi-fold door with resulting noise and traffic impacts

It has been suggested that the bi-fold door will result in more patron movements between the hotel bar and the outdoor dining area. This may well be the case but the outdoor dining area is exempt from planning control as it is approved under a local law permit. If the use of the outdoor dining area is affecting the amenity of an area or operating outside the hours permitted by the local law, this can be investigated by the City’s local laws team and if it is proven, the outdoor dining permit can be revoked.

As discussed above the only planning consideration in relation to the bi-fold doors are the heritage impacts and the bi-fold door is not supported. The single leaf door required by condition will maintain the status quo in terms of access to the bar as there is an existing single leaf door on the corner of the building that will be replaced by a window.

As a single leaf door would address heritage concerns and possibly ease some of the residents’ concerns about noise, at the consultation meeting there was an attempt to negotiate a removal of the bi-fold doors and replacement with a single leaf door. However, while some residents found this to be an acceptable outcome, others did not want any doors on the Violet Street frontage so this matter could not be fully resolved.

It is of note that in the earlier application, although amenity is not a consideration in relation to the bi-fold doors, the Tribunal stated that it was reasonable to provide pedestrian access from the hotel to the outdoor dining area. • Fixed bar seating and associated consumption of alcohol


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The originally submitted plans showed fixed bar seating in the outdoor dining area. These were subsequently removed from the plans and in any case, as discussed above, they would be a local law consideration and the City’s current Outdoor Dining Code does not support fixed seating. • Parking and traffic congestion

Car parking is only a consideration in planning applications when it is triggered by the Planning Scheme.

In relation to hotels, clause 52.06 sets out that parking is a consideration if the liquor licence is amended to increase the number of patrons permitted under the licence.

For hotels with VCGLR liquor licences, patron numbers are documented on the licence. This application does not propose an increase in patron numbers, therefore car parking and any associated traffic congestion cannot be considered.

It is clear from a resident’s response that there are legitimate concerns regarding traffic and parking in the Violet Street area. At the consultation meeting it was discussed that this was a broader issue that residents should raise with their Ward Councillors and the City’s Engineering Unit to see if there are any solutions that could be considered. • Future increase in patrons allowable under liquor licence

Any future increase in patron numbers would be considered at the time of any application to increase the number. • Family friendly corner pub being turned into entertainment venue

This proposal is not for a change in the use of the land. However, the applicant has agreed to a condition on the permit preventing the playing of live music in the alfresco area. • Hotel is in contravention of Liquor Control Reform Act

Outside the policing of the local law permit there are limitations on what action the City can take in relation to Liquor Control as the hotel operates under a VCGLR licence. Administration of the Liquor Control Reform Act 1998 is the responsibility of the VCGLR and enforcement of liquor laws are primarily the responsibility of Victoria Police. • The existing trading hours are not consistent with Council's Licensed Premises Policy

and other policy related issues

Other than an opening time of 7am, the Hotel’s liquor licence hours align with the Licensed Premises Policy. In any case, trading hours are not proposed to be changed and are therefore not a consideration under this application. • On-going issues with the management of the hotel such as anti-social behaviour.

As discussed earlier, issues related to the management of the hotel and patron behaviour are regulated by other persons such as the City’s local law officer and Victoria Police.

At the consultation meeting there was some discussion around whether the local law permit could be amended so that outdoor dining ceased at 10pm. While the operator advised that they generally close the outdoor dining area at 10pm they were reluctant to


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formally restrict the time as they felt that their local law permit should be consistent with their liquor licence permit.

This seems like a reasonable position to take at this point in time. If amenity does become an issue in relation to the hours of operation it may be possible to review this when the permit is up for renewal next year.

In summary, the potential amenity impacts that can be considered as part of this proposal relate to noise from the new on-premises alfresco and liquor licence area. As discussed above the people most likely to be affected by any noise would be those occupying the motel which is within the same ownership. The nearest residents would be buffered by the motel building and the impact is not felt to be significant.

All other amenity considerations raised by residents are matters that lie outside the planning process and this was explained and discussed at the consultation meeting. Access to a Road Zone The relevant purpose of clause 52.29 Land adjacent to a Road Zone, Category 1 is to ensure appropriate access to identified roads. Key decision guidelines that must be considered in the clause include the views of the relevant road authority and the effect of the proposal on the operation of the road and on public safety. This proposal alters access in the sense that it removes an existing drive thru egress onto High Street. This will improve the operation and safety of the arterial road. The views of VicRoads, as the relevant authority, have been considered and their recommended conditions will be imposed on the planning permit. In considering the above it has been concluded that the proposal would not have an adverse effect on the operation of the road and public safety.

Conclusion

This proposal comprises three components, changes to the built form, closing up of an egress to a Road Zone and increase in the liquor licence area. The built form changes in respect of their impact on the heritage significance of the building are acceptable subject to a reduction in the size of the door. In terms of the amenity impact of the changes to built form and increase in liquor licence area, these are unlikely to result in any significant amenity impact. Residents have concerns that this development will intensify the use of the site with more comings and goings and resultant amenity impacts. However, the matters that can be considered are limited to what requires planning permission. As discussed there are other options that can be explored with residents in seeking to address these issues.

Options



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Attachments

• Objections. • VCAT Order on planning application ref: DC/378/2007.

Proposed Permit Conditions

1. MODIFIED PLAN REQUIRED Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and 2 copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Amended plans which limit the width of the proposed door on Violet Street

to the same width as the existing window opening with further detail on finishes, materials and colours (including edge corbelling) to match the existing treatment around other nearby windows.

2. NO LAYOUT ALTERATION

The development permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

3. MATERIALS AND FINISHES The exterior treatment of the building(s) permitted by this permit must be to the satisfaction of the responsible authority. The materials to be used must be compatible to the existing dwelling and the render and/or timber weatherboard cladding, timber windows, terracotta roof tiles, galvanised iron gutters and down pipes must match the existing profile, proportions and styles of the existing dwelling. The paint colours selected must match that of the existing colours to the satisfaction of the responsible authority.

4. SCHEDULE OF MATERIALS Prior to the commencement of development a schedule of the proposed materials and colours to be used for the building, shall be submitted to and approved in writing by the responsible authority.

5. LIVE MUSIC No live music is not permitted to be played in the outdoor are of the extended hotel building entertainment noise generally must be as specified in the State Environment Protection Policy – Control of Music Noise from Public Premises No. N-2.

6. AMENITY OF LOCALITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by means of noise emissions, and / or patron behaviour.


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7. SECURITY PERSONNEL A sufficient number of licensed security personnel (crowd control staff) in accordance with the requirements of the Liquor Licensing Commission and to the satisfaction of the responsible authority must be employed on the site.

8. HOURS OF USE The serving of liquor permitted by this permit may only occur in accordance with the hours permitted under the existing licence issued by the Victorian Commission for Gaming and Liquor Regulation.

9. LIQUOR LICENCE DOCUMENT The applicant must provide (for Council records) an original copy of any new liquor licence within 1 month of issued by Liquor Licensing Victoria.

10. VICROADS (i) Prior to the commencement of any development hereby approved, plans

must be submitted to and approved by the Roads Corporation. When approved by the Roads Corporation, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and copies must be provided. The plans must be date stamped to show: a. The existing vehicle crossover layback in front of the redundant drive

thru bottle shop to be removed and the existing motel reception vehicle crossover layback must service left turn entry only for cars.

b. The length of the reinstated kerb and channel must be ascertained by a swept path analysis for a B99, 5.2 metre length design vehicle turning left from the Calder Highway (High Street) into the motel reception crossover.

c. Two pavement arrows (pointing away from the Calder Highway) on the motel driveway within the subject land at the:

i. Property boundary with the Calder Highway; and ii. North western end of the motel reception driveway.

d. Two no entry signs (R2-4) located on both sides of and at the north western end of the motel reception driveway facing toward the internal car park.

e. A double barrier line must be line marked on the Calder Highway painted median to reinforce to drivers (Bendigo outbound) they are not permitted to turn right into the subject land. The double barrier line must extend from Violet Street and must extend beyond the motel reception access.

(ii) Before the development approved by this permit commences use, all vehicular access works must be completed at no cost to and to the satisfaction of the Roads Corporation.

11. EXPIRY OF PERMIT

This permit will expire if the development permitted by the this permit is not completed within 2 years from the date hereof. The time within which the development must be completed may be extended, on written request to the responsible authority, before or within 6 months after the expiry of this permit where the development has not yet started or 12 months where the development has commenced.


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2.3 7 ROSLYN COURT, KENNINGTON 3550 - TWO LOT SUBD IVISION


Author Liz Commadeur, Subdivision Planner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Summary/Purpose

Application details: Two lot subdivision

Application No: DS/577/2016

Applicant: Acumen Property Group Pty Ltd

Land: 7 Roslyn Court, KENNINGTON

Zoning: General Residential Zone

Overlays: Nil

No. of objections: 4


A consultation meeting was not conducted.

Key considerations: Central to an assessment of the application are the irregular shape of Lot 2, the compatibility of the proposed development with the neighbourhood character and potential amenity issues for abutting neighbours.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for a two lot subdivision at 7 Roslyn Court, KENNINGTON 3550 on the following grounds: 1. The subdivision will result in the future development of a second dwelling on the land

that will be detrimental to the amenity of adjoining properties in terms of visual bulk, overlooking and overshadowing.

2. The subdivision will not be in keeping with the neighbourhood character due to its excessive hard standing areas and lack of landscaping.

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


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Policy Context



housing choices.







Report


The subject site is located in an established residential area of Kennington at the end of a court bowl in Roslyn Court. The site is irregular in shape with an area of 1,142 square metres. A large, double storey brick dwelling, constructed in 1997, is located on the site. The dwelling is setback approximately 6.5 metres from the front boundary of Roslyn Court. The site slopes generally from the east up to the west. A 2 metre wide drainage easement runs along the eastern boundary. The garden at the front of the dwelling is relatively small and a number of medium sized trees are located towards the rear of the site. Roslyn Court is comprised of lots that range in area from 313 square metres to 1,581 square metres, with the majority being 900 square metres. The street is characterised by medium to large double storey dwellings which are constructed of brick with tiled roofs. Gardens tend to be medium in size. The larger lots reflect a sense of spaciousness similar to the surrounding streets, in particular Edwards Road and Lakewood Drive. Services, including reticulated water and sewerage, power, gas and telecommunications are able to be connected to the site. Roslyn Court is a sealed court with kerb and channel. There is no footpath constructed along the court. A covenant is registered on title, but it has no impact on this application.


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Figure 1 : Location map showing subject site. Objectors’ properties are marked with a star. (Note: there was one objection from the owners of Nos 37, 39 & 41 and one from the occupiers of the property).

Proposal

The applicant seeks approval to subdivide the site into two residential lots. It is proposed to subdivide a triangular section of the rear yard to create a lot for a dwelling. The subdivision layout will feature: � Lot 1 will have an area of 618 square metres � Lot 2 will have an area of 524 square metres � An existing dwelling will be retained on Lot 1. � Access to Lot 1 will remain the same. � Access to lot 2 will be gained by a battle-axe drive-way running along the eastern

boundary. This drive-way will be created over a 2 metre wide drainage easement. � This easement will be widened to a width of 3 metres to accommodate a future

easement in favour of Coliban Water.


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� The lots created by the subdivision will be fully serviced by water, sewerage, electricity, telecommunications and gas supply systems.

Figure 2 : Proposed plan of subdivision


The site is in the General Residential Zone (GRZ). A permit is required to subdivide land. The following provisions of the City of Greater Bendigo Planning Scheme are relevant to the application: State Planning Policy Framework: • Regional development (clause 11.05). • Urban environment (clause 15.01). • Sustainable development (clause 15.02). • Integrated transport (clause 18.01). • Movement networks (clause 18.02). Municipal Strategic Statement: • Municipal profile (clause 21.01). • Key issues and influences (clause 21.02). • Vision - strategic framework (clause 21.03).


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• Strategic directions (clause 21.04). • Settlement (clause 21.05). • Housing (clause 21.06). • Environment (clause 21.08). • Infrastructure (clause 21.09). • Reference documents (clause 21.10). Local Planning Policies: • Salinity and erosion risk policy (clause 22.04). • Strathdale/Kennington residential character policy (clause 22.24) Other relevant provisions: • Residential subdivision (clause 56) • Decision guidelines (clause 65). • Referral and notice provisions (clause 66).


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

Referral Comment

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

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, four objections were received, with the grounds of objection being:

• Proposed subdivision will compromise the existing neighbourhood character.

• Future development on Lot 2 will cause amenity issues for abutting neighbours.

• Future development on Lot 2 will cause amenity issues for the existing dwelling on Lot 1

• Insufficient parking spaces and bin placement spaces.

• Devaluation of properties Two of the objectors have submitted a Siting and Building Regulation Compliance Report, written by a registered Building Surveyor, with their objections. The objections are discussed below.


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Planning Assessment

Amenity The site is irregular in shape, due to its location at the top of the court bowl and has abuttals to six properties, three of which will be directly impacted by the creation of a small lot at the rear of the site. The proposal will enable the construction of an additional dwelling on the site (without the need for a Planning Permit), whether it be single or double storey. The applicant has provided a plan showing an indicative 15 x 10 metre building envelope for Lot 2. The objectors are concerned that the future construction of a dwelling on Lot 2 will impact on the privacy and amenity of their properties, with reference to overlooking, overshadowing and the potential degree of visual bulk and mass. In particular, the objectors who abut the site to the west are concerned that any future dwelling will be constructed very close to the common boundary and therefore compromise the privacy of their backyard and swimming pool; cause potential overshadowing and are also concerned about the visual impact of the proposed dwelling when viewed from their property. The objectors to the north of the site at 8 Roslyn Court have a unique situation, whereby they do not have the benefit of a streetscape. For a number of years, the location of the established trees in the rear yard of the site has provided a pleasant outlook for these objectors to enjoy. In response to the objectors’ concerns, the proposed Lot 2 will result in a dwelling that could potentially impact on the amenity of other abutting neighbours for the following reasons:

• The easement along the eastern boundary is proposed to be increased an additional one metre in width to accommodate a sewer easement. Building regulations prevent any buildings or other infrastructure being constructed over an easement. This increase is likely to reduce the area of the building envelope. This constraint has the capacity to have a proposed dwelling less than a metre from the common boundary with 37- 41 Edwards Road.

• The adjoining owner is concerned about the visual impact of a future dwelling when viewed from their property. As any future dwelling will be located on an elevated position of the site, either a single storey or double storey dwelling will result in a scale and bulk of building that is visually intrusive. Also, as it will need to be constructed within a metre of the western and southern boundaries, it will reduce the openness of the area that the abutting neighbours currently enjoy. There are limited ways that the scale and bulk of a proposed dwelling on Lot 2 could be addressed as part of any future dwelling construction. In particular, there is little space to implement a landscaping program to ‘soften” the degree of visual bulk, especially if a double storey dwelling was to be constructed. There are no controls in the Greater Bendigo Planning Scheme which protect existing views but loss of outlook can be an issue if the bulk of a single or double storey building is located close to a common boundary.


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• There is potential for overlooking into the backyards of abutting properties, which would compromise the degree of privacy currently enjoyed by the residents. This could easily occur because any future dwelling would be constructed reasonably close to the common boundaries of 37- 41 Edwards Road and indeed Lot 1 in the proposed subdivision. The Siting and Building Regulation Compliance Report alludes to potential concerns with the siting of windows along the western and southern walls of any future dwelling on Lot 2. Windows along these walls may cause potential overlooking into both properties.

• As the dwelling at 8 Roslyn Court is constructed on an elevated piece of land, the potential for overlooking into the rear yard of Lot 2 is greatly enhanced, especially if the trees in the rear yard are removed. These trees not only provide a pleasant outlook for the neighbours, but also act as a screen to the existing backyard of the site.

• The overshadowing of properties is likely, in particular into the swimming pool area located in the eastern corner of 41 Edwards Road and the rear yard of Lot 1, for a significant part of the day.

Figure 2 : Aerial showing indicative building envelope on Lot 2.


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Impact on Neighbourhood Character

The site is located within Precinct 6 of the Strathdale/Kennington residential character policy (SK6). The housing in this precinct tends to be newly developed with small setbacks and generally medium to large, double storey dwellings. Gardens are establishing with a mix of native and exotic trees and shrubs. The streetscapes have an open feel created by the absence of front fencing. The policy states that the desired future character of this precinct is to strengthen garden settings. As stated earlier, the site is located at the end of a court bowl and has a very narrow street frontage compared to others in the court. One of the objectors is concerned that any future construction of a dwelling on Lot 2 will not respect the existing character of Roslyn Court. The objectors reside at 8 Roslyn Court, which adjoins the site on the eastern boundary. When assessing a subdivision application, a key issue is to determine whether the proposed subdivision respects the character of the neighbourhood. Having regard to the site description and design response, the proposed subdivision fails to respond to and integrate with the surrounding urban environment. The proposed driveway to Lot 2 will provide limited landscaping opportunities and there also would potentially be a greater area of concrete paving created to support access to both lots. The applicant states that no fence will be constructed to delineate the proposed driveway. However, this could change in the future with new ownerships of the lots. A solid fence to ensure privacy for both lot owners would create extra bulk to the site frontage. Unlike the abutting property to the east, which has common property providing access to both lots from one vehicle crossing, the proposed subdivision will be creating an additional driveway which will increase the amount of pavement area at the front of the site. This will ultimately reduce the amount of lawn area. The widths of lots at the end of the court bowl are already narrow, compared to the rest of the court. This is evidenced in Figure 3. Overall, the new access will not respect the existing character of the court, nor will it strengthen the desired future character stated in the character policy.


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Figure 3 : Site frontage from Roslyn Court Devaluation of property Some of the objectors are concerned that the proposed subdivision will cause devaluation of their own properties. There is established case law which holds that a proposed decrease in property is an irrelevant consideration. A long standing position held by VCAT is that other than in exceptional cases, and where evidence can be presented, loss in property values will not be entertained as a ground of objection. Bin placement and parking congestion Some of the objectors are concerned that the future construction of a dwelling will cause parking congestion and bin congestion with the placement of two additional bins along the court frontage. With regard to the issue of parking congestion in the area, Roslyn Court, particularly in the vicinity of the court bowl does present limited on-street parking. Lot 2 is large enough to accommodate 2 car spaces on site. City of Greater Bendigo’s Asset Planning and Design Unit has stated that the width of these particular streets is comparable to many suburban streets throughout the city, all of which can maintain reasonable parking spaces. There is no doubt that the creation of a new lot will impact on the availability of space for the placement of garbage, organics and recycling bins. However, there are no planning grounds, or Council local laws which regulate the placement of bins along the site frontage.


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Conclusion

Even though the proposal has some planning merit in meeting broader residential policy, it is concluded that Council should not approve the proposal because the existing conditions make it extremely difficult to subdivide the land without affecting neighbourhood character and residential amenity.

For the reasons above, it is considered that the proposed subdivision does not comply with the Planning Scheme and a permit should not be granted.

Options


Attachments

• Objections


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2.4 PLAN BENDIGO


Author Bridget Maplestone, Strategic Planner Responsible Bernie O’Sullivan, Director Strategy an d Growth Director

Purpose

This report is to advise Council of the preparation of Plan Bendigo. This includes information on the project, key timelines and deliverables.

Summary

On the 20 July 2016, the Minister for Planning, The Hon Richard Wynne announced funding to support “Plan Bendigo” as the first phase of implementing the Loddon Mallee South Regional Growth Plan (now known as the Loddon Campaspe Regional Growth Plan, LCRGP). The LCRGP establishes the economic, land use, environment and heritage, and settlement principles and objectives for the region. The LCRGP sets an aspirational population figure of 200,000 residents in the City by 2041, and a regional population of 300,000. While the current rate of growth is occurring at a slower rate, it is likely that these figures would be reached in the early 2050s. The infrastructure prioritisation and needs of a population of this size are very different to that of a population of 110,000 (and a regional population of 190,000). Planning for this population forms the basis for the preparation of Plan Bendigo. Over the next 15 months, the City will work in collaboration with the Victorian Planning Authority (VPA) and regional office of the Department of Environment, Land, Water and Planning (DELWP) to prepare Plan Bendigo. Through this project, the project team will work closely with government agencies, regional Councils and key stakeholders to prepare a prioritised list of infrastructure projects to benefit the City and region, and a commitment to deliver on these priorities. Infrastructure priorities and projects will span across a number of areas ranging from transport, to health, the environment, education and technology. There will be a focus on inclusive growth and ensuring all individuals have the means to access and participate in the community. One of the key opportunities within the urban area of Bendigo is through the better utilisation of existing infrastructure helping to facilitate ’10 minute neighbourhoods’ (where most services are accessible in 10 minutes, walk or cycle from home). With this in mind the project team will work with government agencies to identify surplus land which may be able to be more effectively used. This might be for housing, or other uses which would support a neighbourhood. Plan Bendigo will outline the tasks required for these sites to be used for an alternative use.


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The purpose of this report is to brief Council early in the process on the scope and preparation of Plan Bendigo. Further detail and a timeline are provided later in this report. The report also seeks the appointment of the Mayor as Chair for the Plan Bendigo Steering Committee. The Steering Committee comprises high level representation from the City, VPA, DELWP, the Department of Economic Development, Jobs, Transport and Resources, and Regional Development Victoria. The Chair is responsible for ensuring the Steering Committee operates efficiently, effectively and according to the Terms of Reference. The Chair will not have a decision making role.

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Adopt the initial project scope and project timelines for the preparation of Plan

Bendigo. 2. Appoint the Mayor as Chair for the Plan Bendigo Steering Committee.

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

Policy Context

Council Plan Reference: Planning for Growth:

2.2 Council manages the planning and development of the City through the preparation of major Strategies and effective amendments to the planning scheme.

Regional Strategic Plan Reference: Plan Bendigo will be the first stage in implementing the Loddon Mallee South Regional Growth Plan (now LCRGP). This will include building on relationships between the regional Councils’, improving regional connections and determining infrastructure priorities which will benefit not only the City but the region more broadly. Rural Communities Strategy (Issues and Impacts): Rural communities will be both considered and involved in the process of preparing Plan Bendigo. Reducing social isolation through inclusive growth, increasing education levels and improving connections are important issues which will be considered in the preparation of Plan Bendigo.


The previous Minister for Planning launched the Loddon Mallee South Regional Growth Plan (now the Loddon Campaspe Regional Growth Plan) on 29 April 2014.


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This is one of eight regional growth plans for Victoria and informs the land use principles and future directions for growth in the region. The LCRGP identifies some key features of the region to include: • A rich goldfields history • Other assets including rural production areas, earth resource industries, forest and

natural landscapes • Strong economic growth with Gross Regional Produce (GRP) increasing from $4.62

billion in 2001 and $6.63 billion in 2011 (Regional Development Victoria, 2013) • Diverse economy including agriculture, healthcare, construction, education, retail

trade and earth resource industries. The Plan indicates that the majority of growth in the region will be accommodated in Bendigo and that this will help to drive investment and economic growth in the region more broadly. Since this plan was launched a number of actions that assist in the progressive development of the Plan have commenced or been completed. These include Bendigo Metro Rail, upgraded public bus network and State and Federal funding towards infrastructure such as the airport and various sports facilities. Council has also adopted a number of relevant strategies and amendments including the Greater Bendigo Residential Strategy (implemented via Amendment C215), Connecting Greater Bendigo: Integrated Transport and Land Use Strategy (ITLUS), and the Marong Business Park Amendment C161, Part 1 which will be sent shortly to the Minister for Planning for Approval. On 20 July 2016, Minister Wynne announced Plan Bendigo as the first stage of implementing the LCRGP. The Minister announced that Plan Bendigo will include new policies and strategies to encourage increased density around a series of activity centres served by the new Bendigo Metro. The Plan will also incorporate a new industrial park at Marong and future urban growth opportunities in Maiden Gully North will also be identified. The City has received funding of $150,000, plus $80,000 in-kind through the VPA. This funding has enabled the City to dedicate a staff member to this project and to backfill the position. Since this time the City has been working with the VPA and regional office of DELWP to further refine the project including objectives, deliverables and timing.

Report

Current population figures suggest that the City is growing by around 900 dwellings per year or around 1,500 people. Over half of residents moving to the City are from other regional and rural areas, followed by overseas, Melbourne and interstate. It is expected that this level of population growth will continue or increase in the short to medium term and the population will be close to 200,000 in 35 years.


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This is almost double the current population of 110,000. In Urban Bendigo with limited opportunities to expand the Urban Growth Boundary, this could mean an additional 75,000 people within the urban area. This isn’t taking into account residents in the surrounding regional and rural areas who access Bendigo for services, shopping and employment. If not planned well this will create significant infrastructure challenges. It will mean a greater demand for new schools, sporting and recreation facilities and venues. There will be a need for new and upgrades to drainage, electrical infrastructure, open space, public transport and roads. The purpose of Plan Bendigo is to consider key infrastructure priorities holistically across the city and the region more broadly, and across all government agencies. In its final form, Plan Bendigo will provide one whole of City plan which identifies the top 10 to 15 key infrastructure priorities needed to meet a population of 200,000, with a commitment to location and site identification and delivery on these priorities. This will lead to greater private sector certainty and investment, housing and further job growth. There will be two other key objectives of Plan Bendigo. The first will be around maximising existing infrastructure. While there will continue to be a market and a role for new development in growth areas like Maiden Gully, Marong, Huntly and Strathfieldsaye, there is also a need to better utilise land within the established areas of Bendigo. For example there are a number of surplus government owned sites within these areas which may be appropriate for housing. Alternatively there may be other better uses on these sites which would be of a broader benefit to the community. Plan Bendigo will work with government agencies to identify sites, determine whether an alternative use for these sites is appropriate, and if so what are the tasks involved in getting the best use out of these sites. A further focus of Plan Bendigo will be on inclusive growth. While the City overall has a diverse and strong economy, this can mask the entrenched disadvantage which exists in the population. There will be significant ongoing health impacts of a disengaged and unhealthy community. An objective of Plan Bendigo will be on ensuring that all individuals have an opportunity to access and fully participate in the community. During November and early December, City Officers (with the VPA and DELWP) will be meeting with government agencies and stakeholders to identify key infrastructure needed to meet the needs of the future population. Following these meetings a discussion paper will be prepared. The purpose of this discussion paper will be to review all infrastructure priorities and to invite feedback. This list will then be refined to identify only the top priorities in the draft Plan Bendigo. Council will be kept regularly informed as well as provided with the opportunity for input at key stages in the preparation of the document. Priority/Importance: This will be a very important project for Greater Bendigo and will help to plan for growth and drive investment. It will provide an overarching framework to guide development and infrastructure projects and further strategic work.


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Options/Alternatives: As this report is for information only there are no options or alternatives. Timelines: The following diagram outlines the key dates for Plan Bendigo. This project has commenced in October and will be completed by January 2018.


Internal Consultation: All relevant departments will be provided with the opportunity to be involved in the process of preparing Plan Bendigo.


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External Consultation: In preparing this Plan, Greater Bendigo will work closely with the VPA and regional office of DELWP. A Steering Committee has been established to oversee the preparation of Plan Bendigo. This comprises of the Mayor to Chair, as well as Council Officers, the VPA, DELWP, RDV and the DEDJTR. The Chair will not have a decision making role. A Technical Working group has been established to provide high level input in identification of the key infrastructure priorities as relevant to their organisation. As well as government agencies, this will include Bendigo Health, the Bendigo Bank, Bendigo Sustainability Group and La Trobe University. The Loddon Campaspe Regional Councils will be invited to be involved and help in identifying regional infrastructure priorities. There will be two rounds of community consultation in April on the discussion paper and September-October 2017 on the draft Plan Bendigo. Council will be kept informed throughout the process.

Resource Implications

External Funding Sources: Council is receiving a $150,000 grant from the VPA for this project. This has enabled the City to dedicate a staff member to this project and to backfill the position. In addition the VPA will provide $80,000 and the City $50,000 in-kind support for the project.

Attachments

None

Presentation and Vibrancy - Reports Ordinary Meeting - 16 November 2016

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3. PRESENTATION AND VIBRANCY

3.1 COUNTRY FOOTBALL NETBALL GRANT PROGRAM


Author David Hogan, Team Leader – Capital Projects Responsible Michael Smyth, Acting Director Communit y WellbeingDirector

Purpose

This report seeks Council endorsement of the funding application to Sport and Recreation Victoria’s Country Football and Netball Program, to undertake construction of two new acrylic surface netball courts and lighting at Dower Park in Kangaroo Flat. The application seeks $100,000 from the State Government towards the $360,000 cost of the overall project. The report also seeks Council to commit $225,000 for the project as part of the 2017/18 budget. A $35,000 contribution is being sought from the relevant user groups.

Summary

Construction of two new acrylic netball courts is the number one item listed in the Dower Park Master Plan, adopted by Council in 2015. The Master Plan identifies the construction of the courts as being in the short-term 0-3 year period. The project has been endorsed by Council as part of the 2016/17 budget, with funding allocated to finalise the design of the netball courts and adjacent multipurpose cricket net facility. Construction of the netball and cricket facility is a critical component of the Dower Park Master Plan, and the first step to redeveloping the old caravan park site. It will allow for growth of the Kangaroo Flat Football Netball Club, by increasing the number of netball courts from 1 to 2, and also providing facilities that are compliant with Netball Australia guidelines. This will help improve participation by providing modern facilities and better social connections within the community. Lighting of the netball courts and multipurpose cricket nets will maximise the facility use and reduce the impact on the football oval by allowing football teams to train in the multipurpose nets. The timing of State Government Grants and Council’s budget processes continue to be problematic; in that Council must support the funding of a project prior to adopting its forward budget. Officers are recommending to support the project on the basis that once the Council budget is adopted, it can then determine whether to progress the project in the event that the City is successful in its bid.


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RECOMMENDATION

That Council:

1. Support an application to Sport and Recreation Victoria through the Country Football Netball program for $100,000 towards the construction of the netball courts and lighting.

2. Allocate the necessary Council funding as part of the 2017/18 budget.

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

Policy Context

This project is consistent with the Council Plan 2013-2017 (2016-2017 Update). The project is consistent with the themes of planning for growth which supports population growth through good design and careful planning of infrastructure and facilities and the presentation and vibrancy theme which supports attractive and accessible parks, public places and streetscapes that are widely used. Council Plan Reference: Council Plan 2013 – 2017 (2016-2017 Update) 3.1 – Greater Bendigo has attractive and accessible parks, public places and streetscapes that are widely used, and enable people to be healthy and active. 3.1.2 – Implement community strategies, policies and projects that support active healthy living, including continuing to apply the results of the Active Living Census. 3.2 – Residents and visitors are able to access good quality sports and recreational leisure facilities that are fit for purpose and enable them to celebrate their active artistic, cultural, sporting and social lives. Strategy Reference: This project is supported by the Dower Park Master Plan, which recommends construction of these courts within the 0-3 year timeframe. The Master Plan was developed in 2014 and adopted by Council on March 4 2015.


Dower Park is a highly used recreation reserve located off Station Street, Kangaroo Flat. As part of taking on management of the reserve, the City developed a Master Plan which was finalised in 2014, in order to establish a plan for potential improvement priorities that will ensure the reserve continues to meet the needs of the community into the future.

The population of Kangaroo Flat – Big Hill has increased significantly over the past decade and now boasts an estimated resident population of approximately 11,307. By 2031 it is expected that the population will reach in the order of 12,833.


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The City’s 2014 Active Living Census identifies that 44.6% of Kangaroo Flat residents exercise for 30 minutes four or more times a week, a slightly lower rate than the Greater Bendigo average. While trends lean towards less formalised recreation, reserves like Dower Park play an important dual role of providing organised sport opportunities and every day movement to and through the site for active and passive recreations. The Active Living Census revealed that usage of sporting facilities in Kangaroo Flat is lower than the typical average across Greater Bendigo.

The Country Football and Netball Program (CFNP) provides funding to assist grassroots country football and netball clubs to develop facilities. Should Council endorse the proposed application and it is successful, then this funding would assist the City of Greater Bendigo to carry out the construction works for the new netball courts and lighting, design of which is currently underway. Provision of modern facilities constructed to Netball Australia’s strict guidelines and standards will help encourage participation and improve health and wellbeing outcomes for Kangaroo Flat residents. This report seeks Council’s endorsement to apply for funding to complete construction of the netball courts and lighting. Detailed design of the courts and lighting, as well as the adjacent proposed multipurpose cricket net facility, is currently underway. Previous Council Decision(s) Date(s): The City of Greater Bendigo supported the CFNP as part of the 2016/2017 round.

• Barrack Reserve Redevelopment – Netball court and lighting

The City was successful with the above application which is being delivered as part of the 2016/2017 City of Greater Bendigo Capital Works Program.

Report

Construction of two new acrylic surface netball courts and associated lighting is the number one item listed in the Dower Park Master Plan adopted by council in 2015, and is identified to be delivered within 0-3 years. Other recommended items in the 0-3 year timeframe located in the immediate vicinity of the proposed netball courts are also underway, including the conversion of the old caravan park toilets to female change facilities to service the netball courts and design and construction of a new multipurpose cricket net facility.

Council has allocated $50,000 in the 2016/17 budget to complete detailed design of the two netball courts, the adjacent multipurpose cricket nets and lighting to both facilities. This design is currently underway. A grant application to the Community Sports Infrastructure Fund towards construction of the cricket nets has been supported by council and submitted to Sport and Recreation Victoria.

Estimated cost for construction of the netball courts is $240,000. Estimated cost for construction of lighting to the netball courts and the cricket nets is $120,000. Total construction cost estimate, including a 10% contingency is $360,000.


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Future stages of the project, as identified in the Master Plan, include a playspace located adjacent to the netball court area, and spectator shelters between the netball courts and football oval that serve spectators of both facilities. These elements do not yet have funding allocated, but are noted in the 0-3 year timetable in the Master Plan.

The two new acrylic surface netball courts will replace the single non-compliant asphalt court located within the car park at the Northwest part of reserve. The existing court has insufficient runoff zones around the court which are not compliant with Netball Victoria and Netball Australia regulations. The court is located directly adjacent to an asphalt carpark, which creates safety issues due to mingling of spectators, particularly children, with moving vehicles. Decommission of the existing court will open up this strategically located area to much-needed additional formalised car parking for the reserve, and separate the car parking from the main sporting and spectator areas. The City has also upgraded the former caravan park amenities block to provide female change rooms adjacent to the proposed location of the new courts.

The inclusion of lighting to both the netball courts and the adjacent multipurpose cricket nets will maximise the use of both facilities, allowing netball training to occur after dark and both the Kangaroo Flat Football Netball Club and the Bendigo Thunder Women’s Football Club to use the multipurpose nets for football training throughout the winter. This will assist in maintaining the condition of the turf oval in wet conditions by reducing the demand placed on the oval, with the oval having to be made off limits to the tenant clubs at times during the 2016 winter season for training due to overwear.

The proposed works are the first step in revitalising the old caravan park site, which was a key outcome of the community consultation during the development of the Master Plan. The new netball and cricket facilities, when combined with future development of an adjacent playspace and pedestrian links between the netball/cricket and football areas will further enhance the reserve as a community facility for all residents.

Objectives of the redevelopment of the caravan park site, of which the netball court construction is a critical component, include the following:

• Improve visual amenity, functionality and appeal of the open space, infrastructure and facilities.

• Maximise the reasons to be at Dower Park for broad community including use and passive enjoyment of the open space and ability to walk and cycle to and through the site.

• Improve core facilities for formal sports. • Upgrade and develop Dower Park as an important local facility reflecting

contemporary industry standards. • Demolish/remove surplus and outdated infrastructure • Encourage diverse participation opportunities, including opportunities for juniors

and females. • Provide female change rooms adjacent to the playing courts.

Priority/Importance: The above project is considered to be a priority project for funding as part of the CFNP. The project will enable the City to complete a significant portion of the redevelopment of the old caravan park site at Dower Park, and deliver the first major components of the Dower Park Master Plan.


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The project meets CFNP guidelines to modify existing football and netball facilities to improve usage and provide access through:

• Increasing participation opportunities in county football and netball through providing Kangaroo Flat Football Netball Club with better access to high quality, integrated facilities that meet current needs and provide capacity for future growth.

• Community involvement in planning and developing facilities. • Cooperation between local government, state government, state sporting

associations and local sports clubs and associations.

Options/Alternatives:

1. The City of Greater Bendigo does not submit an application to the CFNP, and commits to funding the full $360,000 in subsequent years.

2. The project is submitted for CFNP funding and referred to the 2017 / 2018 budget. 3. The application to the CFNP is not submitted, and council does not commit any

funding to the project

Timelines: Applications for the 2016/17 CFNP grants program are due by 7 December 2016. If successful, funding would be available to the City from 1 July 2017 with works able to occur during the 2017/18 financial year. A Business Case for these works has been referred to the 2017/18 budget for consideration by Council. If unsuccessful, Council may elect not to progress the project in 2017/18 or fund the development in full to address the current compliance issues. Progress: The project is in the detailed design stage with detailed design proposed to be completed in the 2016/17 financial year. As it is still early in the detailed design phase, a preliminary cost plan forms the basis of this costing developed from previous experience constructing similar courts. The business case to be submitted as part of the 2017/18 budget is based on this cost estimate, and will be updated once a detailed cost plan is finalised.

Risk Analysis:

Failing to complete construction of the netball courts will leave the redevelopment of the old caravan park site unfinished, given the adjacent cricket net construction has been supported in a separate grant application to Sport and Recreation Victoria.

The Kangaroo Flat Football Netball Club would be forced to continue with only one netball court, preventing growth of the sport and denying juniors in particular the opportunity to play.


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There is a level of risk associated with the location of the existing asphalt court within the car park area due to the colocation of players, spectators and vehicles. There is also a risk of personal injury arising from the courts which do not meet Netball Victoria guidelines.


Internal Consultation: The project concept design has been developed in consultation with the City’s Engineering department and the master plan included comprehensive consultation across responsible units. External Consultation:

Sport and Recreation Victoria have been consulted in preparing the CFNP application to ensure the project is completed to the highest standard.

The community consultation process for this project dates back a number of years, with extensive consultation taken during formulation of the Dower Park Master Plan, and ongoing consultation taking place during the current design phase with the following stakeholders:

• Kangaroo Flat Football Netball Club • Kangaroo Flat Cricket Club • Netball Victoria • Bendigo Thunder Women’s Football Club

Resource Implications

A budget bid is being submitted as part of the 2017/18 budget process, seeking a total allocation of $360,000 towards construction of the netball courts and lighting of the netball courts and adjacent cricket net facility. Council is eligible to apply for funding up to $100,000 from the CFNP for the 2017/18 financial year. The funding ratio set by the Department of Transport, Planning and Local Infrastructure (DTPLI) for the CFNP states up to $1.50 can be given for every local dollar contributed. Council and the community are required to fund the local component of the project. Clubs that will benefit from the proposed project are also expected to make a financial contribution, and this is currently being negotiated with relevant clubs and stakeholders. Formal agreements are to be signed, and this will be completed as construction of the project is confirmed as proceeding. If the grant application for $100,000 is successful, the budget bid would be for $225,000 for completion of the project, allowing for a $35,000 contribution from the users.


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The resource implications for the project are listed below which will affect the City of Greater Bendigo’s 2017/18 capital works program. Netball courts construction Lighting installation

$240,000 $120,000

TOTAL $360,000 SRV request $100,000 Council contribution $225,000 Local/User contribution $35,000 TOTAL $360,000 Budget Allocation in the Current Financial Year:

$50,000 has been allocated from the Capital Works Budget for 2016/17 to complete detailed design of the netball courts and multipurpose cricket nets.

External Funding Sources:

External funding sources are currently being negotiated and finalised with user groups.

Projected costs for future financial years:

Completion of the netball court and cricket nets will leave construction of spectator shelters and a childrens’ playspace to be completed. This includes upgrades to the landscaping across the old caravan park site, and improvements to pedestrian and cycling connectivity. The final scope and costs for these works have not yet been finalised.

Attachments

1. Proposed Site Plan, City of Greater Bendigo. 2. Dower Park Master Plan

Productivity / Sustainability - Reports Ordinary Meeting - 16 November 2016

PAGE 65

4. PRODUCTIVITY

Nil.

5. SUSTAINABILITY

Nil.

Leadership and Good Governance - Reports Ordinary Meeting - 16 November 2016

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5. LEADERSHIP AND GOOD GOVERNANCE

5.1 RECORD OF ASSEMBLIES


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

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

Council demonstrates leadership in its decisions to meet future needs and challenges.


The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed.

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

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


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Report

Meeting Information Meeting Name/Type

Municipal Fire Management Planning Committee

Meeting Date 6 September 2016 Matters discussed 1. Victorian Fire Risk Register (VFRR) annual review

2. Railway sleepers - Bendigo/Echuca line 3. VFRR review 4. Municipal Fire Management Planning update 5. Strategic Control Line Project

Attendees/Apologies Councillors Cr Rod Campbell Staff/ Community Representatives

Mr Andrew Cockerall Ms Frances Ford Mr Tony Gellatly Ms Julie Poll Ms Sue Moses Ms Susannah Milne Mr Syd Anstee/ Ms Sue Bull Mr Craig Gaffee Ms Fiona Richie Ms Michelle Andrews Mr Ben Matthews Ms Michaela Boucher Mr Chris Baden Mr Chris Jacobsen Mr Jeff Blackie Mr Eain McRae Mr Doug Strawhorn Apologies: Mr Paul McNally Mr Jeff Pethybridge

Conflict of Interest disclosures Matter

No. Councillor/officer making disclosure Councillor/officer left

meeting Nil

Meeting Information

Meeting Name/Type

Councillors' Forum

Meeting Date 28 September 2016 Matters discussed 1. Presentation by LifeLine and SPAN

2. Strathfieldsaye Urban Design Framework 3. National Disability Insurance Scheme 4. Building Inclusive Communities Program 5. Objection to rates 6. Organics and waste trends


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7. Golden Square Pool letter 8. Childcare 9. Budget timetable 10. Councillor Induction 11. Maubisse Friendship Committee 12. McDonalds Nursery 13. Suicide Prevention 14. Working relationship with the Business Council 15. Hargreaves Street 16. Baxter Street development 17. Relay for Life 18. Allans Walk 19. Use of drones 20. Rain gardens 21. Daryl McClure's memorial 22. Rohs Lane (logs) 23. Napier Street 24. Boarding kennels 25. 68 Lily Street 26. Planning fees 27. National Hotel 28. Athletics track 29. Green bins 30. Pedestrian crossing in Heathcote 31. Strathfieldsaye Shared Path 32. Net cost of Ulumbarra Theatre project 33. Food for Dairy Farmers initiative 34. Support for families 35. Organics service 36. Satisfaction survey 37. Consultation about workloads

Attendees/Apologies Councillors Cr Rod Fyffe

Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams

Staff/ Community Representatives

Mr Craig Niemann Ms Kerryn Ellis Mr Terry Karamaloudis Mr Michael Smyth Ms Susannah Milne Mr Peter Davies Mrs Alison Campbell Apologies: Mr Ian Couper


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Ms Prue Mansfield Conflict of Interest disclosures Matter


meeting Nil

Meeting Information

Meeting Name/Type

Councillors' Forum

Meeting Date 5 October 2016 Matters discussed 1. Presentation on the 'Big Give' initiative

2. Planning matters and draft Ordinary Agenda review 3. Presentation by newDemocracy of the report from the Citizen's Jury 4. Status of the former White Hills Landfill site 5. Internal Audit Committee Report 6. Rate in the dollar 7. Enthusiasm of Citizen's Jury members 8. Design Manual 9. Condition of Londonderry Way 10. Recognition of service 11. State funding for road widening projects 12. Federal funding for tennis centre 13. Road closures 14. Senior's Week 15. HACC update

Attendees/Apologies Councillors Cr Rod Fyffe

Cr Peter Cox Cr Rod Campbell Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Apology: Cr Elise Chapman


Mr Craig Niemann Mr Michael Smyth Ms Kerryn Ellis Mr Ian Couper Ms Prue Mansfield Mr Terry Karamaloudis Mr Andrew Lyons Mrs Alison Campbell Apology: Mr Peter Davies


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Conflict of Interest disclosures Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

2 Cr Barry Lyons Yes

Meeting Information

Meeting Name/Type

Heritage Advisory Committee

Meeting Date 15 October 2016 Matters discussed 1. 'WeHeartBendigo' photo competition

2. Building and Property update 3. Planning update 4. Strategy update

Attendees/Apologies Councillors Cr Peter Cox

Cr Mark Weragoda Staff/ Community Representatives

Ms Emma Bryant Dr Dannielle Orr/ Ms Bec Allen Ms Helen Ashby Mr Laurie Brown Ms Elaine Doling Ms Penny Holloway Mr Tom Luke Ms Kay MacGregor Mr Rod Spitty Mr Darren Wright Apologies: Mr Trevor Budge Ms Trudy Rickard/ Mr David Bannear Mr Jordan Grenfell Dr Di Smith Mr Calum Walker

Conflict of Interest disclosures Matter


meeting Nil

Meeting Information

Meeting Name/Type

Heritage Advisory Committee Meeting

Meeting Date 15 September 2016 Matters discussed 1. 'WeHeartBendigo' photo competition

2. Building and Property update 3. Planning update 4. Strategy update


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Attendees/Apologies

Councillors Cr Peter Cox Cr Mark Weragoda


Dr Dannielle Orr Ms Trudy Rickard/ Ms Bec Allen Ms Helen Ashby Ms Elaine Doling Mr Jordan Grenfell Ms Kay MacGregor Mr Darren Wright Apologies: Ms Emma Bryant Mr Trevor Budge/ Mr David Bannear Mr Laurie Brown Dr Di Smith Mr Rod Spitty Mr Calum Walker

Conflict of Interest disclosures

Matter No.


4. Ms Bec Allen & Ms Helen Ashby No

Meeting Information Meeting Name/Type

Consultation meeting

Meeting Date 26 September 2016 Matters discussed Planning application DS/676/2015

7 Francliff Avenue, SPRING GULLY 3550 Subdivide land into 28 lots and removal of vegetation

Attendees/Apologies

Councillors Cr Barry Lyons Cr Rod Fyffe


Lachlan Forsyth Applicant Objectors


Matter No.


Nil

Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 20 October 2016


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Matters discussed Planning application DC/469/2016 180-184 High Street, BENDIGO 3550 Partial demolition, buildings and works to extend building, external alterations, increase in the liquor licence area and alteration of an access to a Road Zone Category 1.

Attendees/Apologies

Councillors Cr James Williams Staff/ Community Representatives

Chris Duckett Applicant Objectors


Matter No.


Nil


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5.2 CONTRACTS AWARDED UNDER DELEGATION


Author Lee Taig, Contract Support Administrator, C ontract and Project Coordination Unit

Responsible Kerryn Ellis, Director Corpo rate Performance Director

Purpose/Summary

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

RECOMMENDATION

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

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

Policy Context

Delivery of programs, projects and services that respond to community needs. Council Plan Reference: City of Greater Bendigo Council Plan 2013-2017 (2016/2017 Update): Theme: 1 Leadership and good governance Strategic Objective: 1 Council demonstrates leadership in its decisions to meet

future needs and challenges Strategy 1.1 good governance principles are used to guide strategic decision-making


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Report

Contract No Project Successful Contractor Value (GST Excl)

Delegated Officer Date Signed

Service Contracts

CT000267

Provision of Essential Safety Measures – Mechanical Services

RACE Services Schedule of

Rates Prue Mansfield 29.09.2016

Current annual Council Budget for the goods/services contracted via this schedule of rates is $90,000.00


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6. URGENT BUSINESS

Nil.

7. NOTICES OF MOTION

Nil.

8. COUNCILLORS' REPORTS

9. MAYOR'S REPORT

10. CHIEF EXECUTIVE OFFICER'S REPORT

11. CONFIDENTIAL (SECTION 89) REPORTS

Nil.

AGENDA Ordinary Meeting of Council - City of Greater Bendigo...• 16 Marshall Crescent, Heathcote...

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