MINUTES - City of Greater Bendigo · * Broadcast live on Phoenix FM 106.7 * Reception Room,...

MINUTES

Ordinary Meeting of Council

6.00pm Wednesday 15 August 2018

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

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 19 September 2018

Bendigo Town Hall

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

http://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 Vision

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

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

We Lead;

We Learn;

We Contribute;

We Care;

We Respond;

We Respect.

Goals Presentation and Managing Growth

Wellbeing and Fairness

Strengthening the Economy

Environmental Sustainability

Embracing our Culture and Heritage

Lead and Govern for All

Ordinary Meeting - 15 August 2018

PAGE 3

ORDINARY MEETING WEDNESDAY 15 AUGUST 2018

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 10

PRAYER 10

PRESENT 15

APOLOGIES 15

LEAVE OF ABSENCE 25

SUSPENSION OF STANDING ORDERS 51

MAYOR'S COMMUNITY SECTION/PUBLIC QUESTION TIME 6

RESUMPTION OF STANDING ORDERS 62

CR FLACK'S REPORT 7

DECLARATIONS OF CONFLICT OF INTEREST 8

CONFIRMATION OF MINUTES 9

1. PETITIONS AND JOINT LETTERS 10

1.1 RESPONSE TO PETITION REGARDING BRONZE DRIVE

RESERVE AND NEIGHBOURING RETENTION BASIN ON

OLYMPIC PARADE

10

2. PRESENTATION AND MANAGING GROWTH 15

2.1 PLANNING SCHEME AMENDMENT C234 - 40 HARLEY

STREET, STRATHDALE (NANGA GNULLE) FOR

CONSIDERATION OF PANEL REPORT AND ADOPTION

OF AMENDMENT

15

2.2 10 MACKENZIE STREET, BENDIGO 3550 - USE AND

DEVELOPMENT OF LAND FOR PLACE OF ASSEMBLY,

FOR FOOD AND DRINK PREMISES, USE LAND TO SELL

AND CONSUME ALCOHOL; ALTERATIONS TO A

HERITAGE BUILDING; WAIVER CAR & BICYCLE

PARKING & DISPLAY ADVERTISING SIGNAGE

25

2.3 3 ABEL STREET, GOLDEN SQUARE 3555 -

CONSTRUCTION OF WAREHOUSE, OFFICE AND FOOD

51


PAGE 4

AND DRINK PREMISES; AND REDUCTION OF CAR

PARKING

2.4 10 HILL STREET, BENDIGO 3550 - TWO LOT

SUBDIVISION OF LAND, CONSTRUCTION OF TWO

DWELLINGS ON A LOT, PARTIAL DEMOLITION,

EXTENSION TO EXISTING DWELLING, CONSTRUCTION

OF A VEHICLE CROSSOVER, DEMOLITION AND

CONSTRUCTION OF FENCING AND REMOVAL OF TREES

62

2.5 151-155 HIGH STREET, KANGAROO FLAT 3555 - DISPLAY

OF AN ELECTRONIC MAJOR PROMOTION SIGN

87

2.6 3188 MIDLAND HIGHWAY, GOORNONG 3557 - DISPLAY

OF MAJOR PROMOTION SIGN

100

3. WELLBEING AND FAIRNESS 109

3.1 MUNICIPAL EMERGENCY FLOOD PLAN 2018 109

3.2 HARD COURT FACILITIES STRATEGY 2018-2028 113

3.3 SPORT AND RECREATION VICTORIA GRANTS 120

4. STRENGTHENING THE ECONOMY 129

5. ENVIRONMENTAL SUSTAINABILITY 129

6. EMBRACING OUR CULTURE AND HERITAGE 129

7. LEAD AND GOVERN FOR ALL 130

7.1 CONTRACTS AWARDED UNDER DELEGATION 130

7.2 RECORD OF ASSEMBLIES 132

7.3 NORTH CENTRAL GOLDFIELDS REGIONAL LIBRARY

AGREEMENT 2019 - 2023

137

8. URGENT BUSINESS 142

9. NOTICES OF MOTION 142

10. COUNCILLORS' REPORTS 143

11. MAYOR'S REPORT 145

12. CHIEF EXECUTIVE OFFICER'S REPORT 147

13. CONFIDENTIAL (SECTION 89) REPORTS 148

13.1 Confidential Report in accordance with Section 89(2)(a)

and (d) of the Local Government Act relating to a

personnel and contractual matter

148

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER


PAGE 5

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

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

APOLOGIES

Ms Debbie Wood (Director, Presentation and Assets)

LEAVE OF ABSENCE

Cr Wrigglesworth Cr Alden requested Leave of Absence for the Council Meeting to be held on 19 September, 2018. MOTION Moved Cr Fyffe, seconded Cr Williams. That the request for Leave of Absence by Cr Alden for the Council Meeting to be held on 19 September, 2018 be approved.

CARRIED


PAGE 6

SUSPENSION OF STANDING ORDERS

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

CARRIED

MAYOR'S COMMUNITY SECTION

- Opening of Bendigo Hospital last Friday – the City presented a certificate of appreciation to the State Government for its commitment to this wonderful asset for our community.

- Shout out to the Braves Women's Basketball – good luck this weekend playing at the State Basketball Centre in Wantirna in the SEABL championship against the Launceston Tornadoes

- Congratulations to their coach, Megan Moody on being named SEABL Women's Coach of the Year, in her first year of coaching at this level

- Success of new ‘Meet the Mayor’ afternoons to enable people that would not usually have access to the Mayor. So far it has been a great success and opportunity that has been taken up by members of the community.

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

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

CARRIED


PAGE 7

CR FLACK'S REPORT

Cr Flack reported on his attendance at the following meetings and events: “Lady Mayor, Fellow Councillors, Attendees and Listeners on Phoenix FM. I wish to thank all those who have supported my suggestion of opening up the Hargreaves Mall to traffic that I mentioned at the last Council meeting. I can only suggest those that doubt the idea travel to Coffs Harbour and see the transformation that has occurred there since they put their road back in to revitalise the whole business centre. Again a busy month travelling around the area including a Waste and Hard Rubbish collection afternoon at the Adams Street depot. Visiting the City Studio Hubbub regarding the Bendigo Creek in conjunction with La Trobe University and students from in and out of Bendigo. I attended the 5 Council Cluster for the Integrated Emergency Management Planning Committee in Castlemaine with 33 attendees. I’ve spent during the last fortnight with other members of the Disability Inclusion Reference Committee interviewing those wishing to become a member of the DIRC for the next 2 years. With around 30 applicants and a short list of 13 we selected 6 successful applicants by the end of last week. Both they and the unsuccessful applicants will be getting notified this week of our decisions. This week I’ve chaired the Positive Ageing Advisory Committee meeting and attended the unveiling of the plaque dedicated to the late Daryl H R McClure OAM at the entrance to Rosalind Park in View Street. Thank you.”


PAGE 8

DECLARATIONS OF CONFLICT OF INTEREST

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


PAGE 9

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 18 July 2018. The following items were considered at the Ordinary Council meeting held on Wednesday 18 July 2018 at 6:00pm.

100 Hammill Street, Kangaroo Flat - Use and Development of Land for Place of Assembly, Associated Car Parking Reduction and Native Vegetation Removal

38 Bridge Street, Bendigo - Use and Development of Land for Accommodation (Residential Hotel), Alteration of an Access to a Road Zone Category 1; Provision of Car Parking to the Satisfaction of the Responsible Authority

Adoption of the Greater Bendigo Public Space Plan July 2018

Transforming the City Centre Update

Potential Disposal of 49 Napier Street, Eaglehawk (Appointment of Committee to Hear Submissions)

Local Law No. 10 - Administration

Greater Bendigo City Council Community Local Law

Loan Borrowings 2017/2018

Record of Assemblies

Contracts Awarded Under Delegation The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 18 July 2018, as circulated, be taken as read and confirmed. RESOLUTION Moved Cr Flack, seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

Petitions and Joint Letters - Reports Ordinary Meeting - 15 August 2018

PAGE 10

1. PETITIONS AND JOINT LETTERS

1.1 RESPONSE TO PETITION REGARDING BRONZE DRIVE RESERVE AND NEIGHBOURING RETENTION BASIN ON OLYMPIC PARADE

Document Information

Author Paul Gangell, Manager Parks & Open Space and Brett Martini, Manager Engineering

Responsible Debbie Wood, Director Presentation and Assets Director

Purpose

This report responds to the petition presented to Council on 20 June 2018 from residents in Bronze Drive Kangaroo Flat to address the issue of road noise emanating from Olympic Drive, the installation of traffic mirrors in Bronze Drive to reduce the risk of accidents and properly establish and maintain the reserve at 8 Bronze Drive Kangaroo Flat.

Summary

Olympic Parade is a key part of the Bendigo road network connecting Kangaroo Flat and Maiden Gully. Traffic volumes have increased over time due to the residential growth particularly in Maiden Gully. Local schools and child care centre are major traffic generators near Bronze Drive. Traffic volume is one of the key elements of noise in residential areas. The noise experienced at residential properties from traffic is best managed through the installation of solid fencing. Most properties in Bronze Drive have solid rear and side fencing mitigating the noise impacts for each property. Additional vegetation planting at the reserve will improve the visual amenity and flora and fauna benefit of the site but will not have an impact on traffic noise experienced by nearby residents. Other specific continual improvement opportunities to enhance the reserve area include:

Erecting of bollards on Bronze Dive.

Installation of a standard Council sign identifying the reserve as Public Open Space.

Further planting of understorey species.

Installation of a nest box

Traffic safety improvements in Bronze Drive would be best achieved by the installation of a centre line at one of the two 90 degree bends and remarking the centreline on the existing bend.


PAGE 11

RECOMMENDATION

That Council having considered the petition received resolves to 1. Undertake additional planting within the retardation basin and within the reserve at

8 Bronze Drive to improve the visual amenity of the site, diversity of flora and opportunities for native fauna

2. Line mark a centre line on both 90 degree bends in Bronze Drive, and 3. Inform the author of the petition of Councils decision.

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

CARRIED

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

Policy Context

Community Plan Reference: City of Greater Bendigo Community Plan 2017-2021: Goal 6 Embracing our culture and heritage Objective 6.2 Build pride in and shared responsibility for our public spaces.

Background Information

Council received the petition at the Ordinary Meeting on Wednesday 20 June 2018 and requested a response be prepared and presented to Council within the next two meetings. The petition requested assistance with

Road noise emanating from Olympic Parade

Reducing the danger of accidents in Bronze Drive by placing "traffic mirrors" at the two 90 degree corners in Bronze Drive

Properly establishing and maintaining the reserve at 8 Bronze Drive. Olympic Parade is classified as a sub-arterial road within the City's road network and provides a key link between Kangaroo Flat and Maiden Gully. It carries a significant volume of traffic with the last traffic count undertaken in 2013 just north of Norelle Crescent (approximately 500m from Bronze Drive) identifying a traffic volume of 5900 vehicles per day with 5% commercial vehicles. A traffic count near Bronze Drive in 2006 identified a traffic volume of 5093 vehicles per day with 3.5% commercial vehicles. The growth in traffic volume between these two counts is approximately 2% per annum and would be consistent with many Bendigo sub-arterial roads. The Child Care Centre was constructed in 2012/13 and included a solid fence adjoining the retardation basin which is similar to other properties that adjoin the reserve.


PAGE 12

The Reserve fronts Bronze Drive, Aspinall Street and Olympic Parade and encompasses 6626 sqm. The Reserves primary function is to manage storm water retention, but due to some of the peripheral native vegetation (Eucalyptus trees and scattered understorey species) council manage the site as a Natural Reserve (N093), attachment 1. It will continue to be managed as a natural reserve because of the existence of native vegetation and the emphasis on reducing the spread of weeds throughout the neighbouring areas of higher conservation value. The Reserve receives a level of service consistent with a local natural reserve. The site is serviced on a rotation of 28-40 days per year and additional services are delivered as required or requested. The Reserve is serviced by the Cities current ‘Vegetation Management Contract’, which means the grass is slashed/trimmed up to three times a year as mapped below (UW114). See attachment two. The Natural Reserve crew have undertaken tree plantings (including a watering system) within the drainage reserve along the South East boundary of the retention basin to screen 84 Olympic Parade at the request of the resident at 10 Bronze Drive. Trees growing in the reserve area next to 10 Bronze Drive have been trimmed and maintained by the Parks &Open Space unit to ensure they don’t have to be removed.

Report

The noise from roads is influenced by a number of factors including, traffic volume, traffic composition, traffic speed and road surface treatment among others. The management of noise impacts on adjoining properties is part of living within an urban environment. The City has not undertaken any treatments to actively manage or mitigate noise from roads. In regard to Olympic Parade and Bronze Drive, most properties have solid fencing which is the most effective barrier to noise. Whilst the Child Care Centre has constructed a solid fence along its boundary which would have reduced the amount of noise experienced within the Child Care Centre property it is not considered that this fencing would have an adverse impact on other properties in the area. The utilisation of vegetation to manage noise is not effective. Bronze Drive does have two right angle bends which limit the sight distance around the bends. A centre line has been installed on one bend to delineate the traffic lanes and discourage traffic from "cutting the corner". The installation of mirrors at these bends has been requested however the risk of this treatment is that by improving the sight distance it will encourage traffic to travel faster and "cut the corner". Alternatively line marking both bends is considered a safer proposal to minimise the encroachment into the oncoming traffic lane. The Parks and Open Space Unit will continue to manage the vegetation and presentation of the retardation basin area and reserve at 8 Bronze Drive to the standards detailed in councils relevant Service Delivery Plan. Whilst maintenance services are carried out in a proactive manner requests for additional works can be logged on the City’s website or via customer support.


PAGE 13

Consultation/Communication

N/A

Resource Implications

The line marking will be undertaken from the existing road maintenance budget.

Attachments

1. MAP indicating service area for Natural Reserves Team 2. MAP indicating service area for Vegetation Management Contract (Site Ref:

UW114)


PAGE 14

Attachment 1

Attachment 2

Attachment 2

Presentation and Managing Growth - Reports Ordinary Meeting - 15 August 2018

PAGE 15

2. PRESENTATION AND MANAGING GROWTH

2.1 PLANNING SCHEME AMENDMENT C234 - 40 HARLEY STREET, STRATHDALE (NANGA GNULLE) FOR CONSIDERATION OF PANEL REPORT AND ADOPTION OF AMENDMENT


Author Alison Kiefel, Amendments Planner Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Summary/Purpose

Amendment details: The Amendment proposes to apply Heritage Overlay 915 to the mud brick and recycled materials dwelling located at 40 Harley Street, Strathdale (Nanga Gnulle).

Proponent: City of Greater Bendigo

No. of submissions: 12 (comprising 10 opposing, 2 supporting)

Key issues: The site is also subject to an application for subdivision;

Support for application of the Heritage Overlay;

The extent of the proposed Heritage Overlay;

Whether the gardens and other buildings are of heritage significance;

Internal controls for the dwelling.

RECOMMENDATION

That Council resolve to:

1. Adopt Greater Bendigo Planning Scheme Amendment C234 with changes; and

2. Forward the adopted Amendment to the Minister for Planning for Approval. RESOLUTION Moved Cr Metcalf, Seconded Cr Alden. That the recommendation be adopted.

CARRIED

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


PAGE 16

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021

Goal 4: Presentation and managing growth

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

Goal 6: Embracing our culture and heritage

Recognise and celebrate our unique history and diverse cultures.


The key steps in the Amendment process are summarised below:

The heritage issues on the site were first identified as a result of a planning permit application for subdivision (DS/867/2016). As a result of the advertising process for this application, there were a number of objections to the proposed demolition of the buildings and gardens on the site.


PAGE 17

The City subsequently commissioned an independent expert to assess the heritage significance of the site, as this was the primary ground for objection to the subdivision application. The citation prepared by Built Heritage Pty Ltd (March 2017) found that the main residence was of heritage significance for its association with the architect, Alistair Knox. Knox was an important and influential figure in the development of post-war residential architecture in Victoria, who promoted a self-build, mudbrick architectural style. The main residence was designed by Knox’s architectural firm (based in Eltham) and included many recycled materials including bricks, stone, timber and architectural features from demolition sites around Bendigo; notably a railway bridge in Axedale (1887), items from the former ANA Hall (1893), and convict bricks (1840’s) from a visit to Bruny Island. The residence remains as a notably rare (one of two), intact example of a mud brick dwelling in the Greater Bendigo municipality that Knox designed. The Built Heritage Pty Ltd (March 2017) citation found that the surrounding gardens and other buildings constructed later are not considered to be of heritage significance as they are not related to work by Knox himself, or of special architectural significance. The City undertook a further review of the gardens to determine if they are of heritage significance in their own right, or contain notable flora. An additional citation by Context Pty Ltd (July 2017) was prepared to specifically consider the garden. Context found the gardens did not meet the HERCON heritage significance criteria, or contain notable flora for protection. The citation identifies that gardens from the 1970’s and 1980’s are generally not considered to meet the heritage criteria unless they have a rare example that may be of botanical interest, technical, scientific or design quality from this era.

Previous Council Decisions 16 August 2017 Council resolved to request the Minister for Planning to authorise

and exhibit proposed Amendment C234.

21 February 2018 Council resolved to request the Minister for Planning to appoint an independent Panel to consider submissions.

Report

The Explanatory Report details the purpose and effect of the Amendment and provides the strategic justification for the Amendment. Key issues identified in the Explanatory Report are discussed below. Land affected by the Amendment The Amendment affects part of the land at 40 Harley Street, Strathdale which is approximately 1.9 hectares in size. The property is zoned General Residential and no overlays currently apply. The site is located in a residential suburb of Bendigo and surrounded on all sides by existing residences in the General Residential Zone. The site, also known as Nanga Gnulle, has previously been used as a wedding and function venue within a large garden setting. There are several buildings on the site, comprising one main mudbrick residence and several other smaller residential buildings, a reception building and sheds.


PAGE 18

The main dwelling, constructed of mud brick and reclaimed materials, is considered of heritage significance for its association with architect Alistair Knox and the use of recycled materials which provide a unique architectural style. The surrounding gardens, whilst extensive, do not contain any specific or rare species that would be of heritage significance.

Figure 1: Aerial photograph showing subject land.


PAGE 19

What the Amendment does The Amendment proposes to:

Amend Planning Scheme Map 24HO, to apply the Heritage Overlay identified in the citation – Nanga Gnulle.

Amend Clause 21.10 of the MSS to include the citation- Nanga Gnulle, as a Reference Document.

Amend the Schedule to the Heritage Overlay (Clause 43.01) to:

o Include 1 new heritage place as follows:

HO915 Mud brick and reclaimed materials house, 40 Harley Street, Strathdale “Nanga Gnulle”.


Exhibition Procedures The Amendment was exhibited for one month from 2 November to 4 December 2017. Notice was provided in the following manner:

Individual notices to owners and occupiers of land surrounding the Amendment. Individual notices to original objectors to the subdivision application (approximately

100). Notices to prescribed Ministers under Section 19(1)(c) of the Planning and

Environment Act. Notices to all authorities materially affected under Section 19(1)(a) of the Act,

including Heritage Victoria. Public notice of the Amendment in the Bendigo Advertiser on 31 October 2017 and 11

November 2017. Publication of the notice of the Amendment in the Government Gazette on 2

November 2017. Access on-line.

Existing objectors to the subdivision application and surrounding owners/occupiers were notified via 3 letters of the intended process.

Letter 1 was forwarded on 30 August 2017 which outlined the intent to apply the Heritage Overlay to the house, and the two separate processes for the proposed Amendment and planning permit application.

Letter 2 was forwarded on 24 October 2017 for the planning permit public notice period.

Letter 3 was forwarded on 30 October 2017 for the public notice period for Amendment C234.

Submissions Twelve submissions were received (including 4 late submissions). All submissions were referred to the Independent Panel.


PAGE 20

The key issues raised by the submitters included:

Process issues;

Defining the extent of the heritage place; and

Determining the heritage significance of other features on the site. It is important to note that all the submissions supported the retention and protection of the Knox residence via a Heritage Overlay. The Amendment process is specifically concerned with the application of the Heritage Overlay. Other issues relating to the subdivision, such as traffic and environmental values are to be considered as part of the planning permit process. All submitters will be notified of Council’s decision resulting from this report. The Panel Hearing The Minister for Planning appointed an Independent Panel to consider the Amendment. The Hearing was held on 21 May 2018. The Panel considered all written and oral submissions and material presented to it in connection with the Amendment. This included two expert witness statements, one on behalf of the owners of the site by Ms Riddett, and one on behalf of two of the submitters by Mr Briggs. The Panel Report and Recommendations The Panel Report was received on 12 June 2018 and contained 2 recommendations. In accordance with Section 26 of the Planning and Environment Act 1987, the Panel Report was automatically released to the public on 10 July 2018, 28 days following its receipt. The Panel Report is available on the City’s website.

Issue raised in Submissions

Officer Comment Panel Comment

Concerns about the processing of the Amendment, including the adequacy of public notice given.

The City investigated this issue and found it had complied with all requirements of the Planning and Environment Act 1987.

The Panel did not find that there had been any defect in procedure in relation to this matter.

Protection of the gardens and the Knox landscape philosophy.

Based on the evidence, the City determined that the gardens were not of heritage significance and that Knox’s philosophy is based on the relationship with the naturally occurring environment. As the site and gardens were land-formed and modified the Knox philosophy was weakened.

The Panel agreed the gardens should not be included in the Heritage Overlay. The Panel agreed in part about the Knox philosophy and has extended the curtilage to protect the setting of the dwelling.


PAGE 21

Issue raised in Submissions

Officer Comment Panel Comment

Curtilage extents should be increased.

The City proposed a modest increase in the curtilage post exhibition, and circulated this to parties prior to the Panel hearing.

After consideration of expert evidence, the Panel has recommended extension of the curtilage to the rear boundary and to the frontage to include the waterway which is consistent with expert evidence from Mr Briggs on behalf of two of the submitters.

Internal controls. The City provided a range of information to assist the Panel to make a recommendation on whether internal controls should be applied.

The Panel has advised that internal controls are not necessary at this time.

Significance of the recycled brick shed.

The City’s position was that this outbuilding did not meet the required thresholds to necessitate heritage protection.

The Panel agreed with the City that no Heritage Overlay should be placed on the brick shed.

In summary, the Panel supported the Amendment with some changes to the extent of curtilage and minor changes to the citation. The panel report stated: "The Panel has considered all submissions made to the Amendment and the evidence presented to the Panel and concludes:

That the curtilage proposed in the exhibited Amendment and the revised curtilage plan, dated 20 March 2018, do not adequately respect the original setting, environment, heritage significance and value of the mud brick house at 40 Harley Street, Strathdale.

There is little to be achieved by applying the internal alteration controls to the dwelling through this Panel process. There has been no detailed assessment of the heritage significance and importance of the interior of Nanga Gnulle by any heritage expert and all evidence, with the exception of that of Ms Riddett, has been based on photos from 2013. As the site is in private ownership, access to the interior of the site may not be permitted to allow such an assessment to be undertaken.

All heritage experts have agreed that no other buildings, particularly the brick shed made of recycled materials or the sanctuary building on the site are of heritage significance.

The gardens have been assessed against the HERCON heritage criteria and are not considered to be of heritage significance to warrant inclusion in the Heritage Overlay. No other expert evidence was presented to the Panel contrary to this assessment or to provide evidence on the site’s landscape and environmental values.


PAGE 22

That minor changes to the citation for the mud brick house will provide additional information about the heritage background and significance of the mud brick house."

The following table lists the Panel's recommendations and provides a brief comment in response.

Panel Recommendation Officer Recommendation

1. Amend the citation for the mud brick house ‘Nanga Gnulle’ at 40 Harley Street, Strathdale in accordance with the changes shown in Appendix C.

Accept the Panel’s recommendation with minor changes. The citation outlines the heritage significance to the site. The proposed changes provide further articulation regarding the proposed curtilage and significant features of the site.

2. Amend Planning Scheme map 24HO to show the recommended location of the Heritage Overlay polygon for HO915. This is described in the revised citation suggested by the Panel as: The curtilage of 7 metres to the north west and south east of the building, extending to the rear boundary of the site (approximately 33 metres), from the north east frontage of the building, extending to the top of the bank of the eastern side of the water course, is the minimum necessary to preserve some understanding and appreciation of the siting of the house in relation to its early and developed setting.

Accept the Panel’s recommendation. This is the plan that is inserted into the planning scheme to show the extent of the Heritage Overlay. The curtilage has been extended from that proposed post exhibition by extending to the rear (south west) boundary of the site and extending along the north east boundary to include the watercourse. No change is proposed to the north west and south east boundaries of the overlay.


PAGE 23

Figure 2: Increased curtilage area

Conclusion

It is recommended that Council adopt the Amendment with changes in accordance with the Panel’s recommendations (with some minor edits from the author of the original citation, Built Heritage P/L) and forward the adopted Amendment to the Minister for Planning for approval. This will complete the Amendment process and the Heritage Overlay will be applied. The planning permit application for subdivision will then be able to be considered and determined. The application of the Heritage Overlay will guide the consideration and assessment of the subdivision application.

Options

Council has the option of

Adopting the Amendment in accordance with the Panel’s recommendations and sending to the Minister for Planning for Approval. (recommended option)

Adopting the Amendment contrary to the Panel’s recommendations with supporting justification, and sending to the Minister for Planning for Approval.

Abandoning the Amendment under the Planning and Environment Act 1987 (note: there is no right of review of a council's decision not to support the Amendment.)


Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Department of Environment, Land, Water and Planning (DELWP) on behalf of the Minister for Planning.


PAGE 24

The City is responsible for payment of statutory fees and costs incurred in the processing of the Amendment. This includes additional costs of $9,400 in association with holding the Panel and $469 for statutory fees to the Minister for Planning.

Attachments

Explanatory Report

Panel Report

Citation (as amended)

Curtilage Plan (as amended)

Heritage Overlay Map


PAGE 25

2.2 10 MACKENZIE STREET, BENDIGO 3550 - USE AND DEVELOPMENT OF LAND FOR PLACE OF ASSEMBLY, FOR FOOD AND DRINK PREMISES, USE LAND TO SELL AND CONSUME ALCOHOL; ALTERATIONS TO A HERITAGE BUILDING; WAIVER CAR & BICYCLE PARKING & DISPLAY ADVERTISING SIGNAGE


Author Kahlia Reid, Senior Planner Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Summary/Purpose

Application details: Use and development of land for place of assembly (function centre), development of land for food and drink premises (tavern), use land to sell and consume alcohol; alterations to a heritage building; waiver car parking and bicycle parking requirements and display advertising signage

Application No: DC/795/2017

Applicant: Spiire Australia Pty Ltd

Land: 10 Mackenzie Street, BENDIGO 3550

Zoning: Commercial 1 Zone

Overlays: Heritage Overlay – 261 Parking Overlay – Schedule 1

No. of objections: 13 (1 withdrawn)

Consultation meeting:

11 April 2018 attended by Council officers, Ward Councillors, applicant, owner and objectors.

Key considerations: Is the site appropriate for the proposed use?

Will the proposal adversely impact on the heritage significance of the site?

Will the proposed use result in unreasonable impacts on nearby residents?

Is a waiver of car parking appropriate?

Conclusion: It is considered that the proposal provides for an acceptable planning outcome, subject to conditions, taking into account relevant requirements of the Greater Bendigo Planning Scheme.


PAGE 26

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to issue a Notice of Decision to Grant a Permit for use and development of land for place of assembly (function centre), development of land for food and drink premises (tavern), use land to sell and consume alcohol; alterations to a heritage building; waiver car parking and bicycle parking requirements and display advertising signage at 10 Mackenzie Street, BENDIGO 3550 subject to the conditions at the end of this report: RESOLUTION Moved Cr Williams, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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

Policy Context







Planning Permit DS/563/2017 was issued on 4 October 2017 to subdivide the site into two lots. The subdivision will separate the existing residence onto a separate lot from the former school which is the subject of this planning application. The plan of subdivision has not yet been lodged with the Titles Office and therefore the buildings currently remain on the same title.

Report

Subject Site and Surrounds

The application site is known as 10 Mackenzie Street, Bendigo and is situated on the north western side of the street between View Street and Forest Street

The property is rectangular in shape and has a frontage to Mackenzie Street of 34.06 metres, a maximum depth of 36.96 metres and a total area of 1,146 square metres.


PAGE 27

The site contains the former All Saints’ School and Master’s Residence and is significant to the State of Victorian for its aesthetic, technical and architectural features.

The existing school building has previously been occupied by the View Hill Opportunity Shop, while the residence is utilised for short term accommodation.

The northern corner of the site contains a brick shed and toilets which abut View Lane. There is also a brick and iron galvanised shed located directly to the rear of the former school.

A brick archway currently connects the two buildings, extending over an area of common property that provides separation between the developments.

The site is located within an area zoned Commercial 1 and comprises a mixture of commercial and residential developments.

Generally properties immediately to the north / north east of the site contain shops on the ground level with residences above.

Land surrounding the site immediately to the north west / west forms part of All Saints’ Anglican Church and associated car parking.

Properties opposite the site in Mackenzie Street are used as offices.

Land zoned for residential purposes is evident to the west of the site in Forest Street and south west in Mackenzie Street.

Figure 1: Location map showing subject site. Objectors’ properties marked with a star. Please note that 3 objector’s properties are located off this map.


PAGE 28

Proposal

The application seeks planning approval for the use and development of land for a place of assembly (function centre), development of land for food and drink premises (tavern), use land to sell and consume alcohol; alterations to a heritage building; waiver car parking and bicycle parking requirements and to display advertising signage. Demolition Within the basement level it is proposed to demolish a set of existing stairs and a small section of wall to allow for a new doorway and stairs. Internally at ground level, demolition will include a stage, stairs and existing boarded up windows and doorway. Externally at ground level demolition will include, front window, part of the front brick balustrade, majority of the brick shed (stable), garage, toilet, stairs and all other existing services and ground finishes.

Figure 2: Proposed demolition plan


PAGE 29

Buildings and Works The main changes to the site will occur at the rear of the building in order to create a landscaped courtyard / beer garden. Proposed building and works within this area include:

New surface finishes

Two sets of stairs

Installation of two cladded shipping containers (which will be utilised for storage, cool room, bar and amenities)

Installation of one small shipping container (which will be utilised for storage)

Upper level roof garden

Figure 3: Artist impression of the rear of the site. The Mackenzie Street frontage of the site will remain relatively unchanged as a result of the proposal, however, the following changes are proposed:

Construction of new front steps over existing steps to comply with DDA requirements.

Installation of an accessible lift on the western side of the front stairs landing.

Screening nib wall to partially screen the lift from Mackenzie Street.

Creation of a bin enclosure.

New framed entrance to basement.


PAGE 30

Figure 4: Artists impression of the front of the site Internally, the proposed buildings and works will include:

Installation of a bar in the basement

Construction of new stairs between the basement and main hall

Bathrooms and storage in the basement

Installation of a bar and kitchen on main hall level

Figure 5: Proposed ground floor plan Use The site will be utilised for a place of assembly and food and drinks premises (tavern). It should be noted that the use of land for a food and drinks premises (tavern) does not require a planning permit under the Commercial 1 Zone. The main hall / function centre will generally operate as one venue, with events having an exclusive right to the courtyard area.


PAGE 31

The total capacity for functions (utilising both internal and external spaces) will be 175 patrons. The total capacity for the food and drinks premises (tavern) will be 80 patrons. It is intended that the tavern will operate independently from the function centre, however if the function centre is not being utilised it may be possible for patrons of the tavern to utilise the courtyard. The total capacity will still be limited to 80 patrons (as identified as the maximum patron capacity of the tavern). Hours of operation provided by the applicant are summarised as:

Component Hours of Operation

Function Centre Mon-Sat: 6.00am – 1.00am

Sun: 10.00am – 11.00pm

Good Friday: 12.00pm -11.00pm

Anzac Day: 12.00pm to 1.00 am

Courtyard Mon-Sat: 10.00am – 1.00am

Sun: 10.00am – 11.00pm

Good Friday: 12.00pm -11pm


Tavern Mon-Sat: 10.00am – 1.00am

Sun: 10.00am – 11.00pm

Good Friday: 12.00pm -11pm


Sale and Consumption of Alcohol The sale and consumption of alcohol will be able to occur on the site. A red line plan has been submitted as part of this application, demonstrating alcohol will be able to be consumed in the basement, within the kerbside café area, main hall, courtyard and roof garden.


PAGE 32

Figure 6: Red line plan for the site Signage Signage on the site will be limited to the entrance of the basement bar, a small sign on the View Lane façade and two flag signs on the Mackenzie Street frontage (on the western side and eastern side of entry steps).


PAGE 33

Figure 7: Example and location of proposed signage Car Parking A waiver of all car parking requirements is requested as part of this application. Bicycle Parking A waiver of two bicycle parking spaces is requested as part of this application as all the requirements cannot be met.

Planning Controls - Greater Bendigo Planning Scheme

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

Clause 11.01-1S Settlement

Clause 11.01-1R Settlement – Loddon Mallee South

Clause 13.05 Noise

Clause 15.01 Built Environment

Clause 15.03-1S Heritage Conservation

Clause 17.02 Commercial

Clause 18.02 Movement Networks


PAGE 34

Municipal Strategic Statement

Clause 21.02 Key Issues and Influences

Clause 21.07 Economic Growth

Clause 21.08 Environment

Clause 21.09 Integrated Transport and Infrastructure

Clause 21.10 Reference Documents Local Planning Policies

Clause 22.06 Heritage Policy

Clause 22.27 Licensed Premises Policy

Clause 22.29 Advertising and Signage Policy Other Provisions

Clause 34.01 Commercial 1 Zone

Clause 43.01 Heritage Overlay – 261

Clause 45.09 Parking Overlay – Schedule 1

Clause 52.05 Signs

Clause 52.06 Car Parking

Clause 52.27 Licensed Premises

Clause 52.34 Bicycle Facilities

Clause 53.06 Live Music and Entertainment Noise

Clause 65.01 Approval of an Application or Plan


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

Referral Comment

Heritage No objection subject to conditions (further comments provided under Planning Assessment)

Environmental Health No objection subject to notes

Traffic & Design No objection

Drainage No objection

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, 13 objections were received (1 withdrawn), with the grounds of objection being:


PAGE 35

View Lane not wide enough to safely manage vehicle and pedestrian movements.

Entrance to tavern from View Lane near residence carport not acceptable

Lane is privately owned and consultation should have occurred with landowners or body corporate

Legal right to utilise View Lane (which is a carriageway easement) for access

No footpath for patrons to utilise

Safety concerns between vehicle and pedestrian conflict

View Lane is not a through road and consequently most cars reverse out to Mackenzie Street

Seclusion of access from public realm

Potential for property damage

People will loiter in the lane making it unsafe for residents and may lead to unsavoury behaviour

Use of lane for smoking area

Noise impacts from live music and people utilising the lane in close proximity to residences

Adverse impact on residential properties

Operation of licensed premises will be detrimental to the amenity of the area

Number of patrons

Operating hours

The property falls outside the City of Greater Bendigo's identified entertainment precinct

Transportation of materials, goods and commodities into and from the site

Lack of lighting

Waste management

Waiver of 57 car parking spaces - financial contribution should be compulsory

Detailed Traffic and Parking survey should be required The objections are discussed below. A consultation meeting was held on Wednesday, 11 April 2018 to discuss the objections received. Following this meeting the owner of the property has met with the body corporate of View Lane to discuss proposed changes to public access in this area. Amendments were made to the plans to relocate the main entrance of the bar / beer garden to the Mackenzie Street frontage of the building. These plans were circulated to the objectors for a period of one week.


PAGE 36

One objection was withdrawn as a result of the amended plans.

Planning Assessment

Land Use The site is located within the Bendigo CBD, the municipality’s major activity centre. The importance of the central business district is recognised at both State and Local level within the Greater Bendigo Planning Scheme. The application seeks to utilise the site for a place of assembly (function centre) and tavern (retail premise). The use of land for a tavern is a Section 1 Use – Permit not required under the Commercial 1 Zone, while the use of land for a place of assembly function centre) is a Section 2 Use – Permit required under the Zone. The purpose of Clause 34.01 Commercial 1 Zone includes:

To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

To provide for residential uses at densities complementary to the role and scale of the commercial centre.

The proposal will seek to revitalise an existing heritage building for a public purpose and will further promote the area being part of a broader business / entertainment precinct. The use of land for a place of assembly will provide for an additional function space within the Bendigo CBD and will cater for a range of events. Events of this nature are likely to have broader economic benefits for the area. Specific matters relating to the use of the site are discussed in this report, however, at a broad scale level it is considered that the proposed land use represents an acceptable outcome for the site, taking into account its locality, ability to preserve an established heritage asset (while creating a public venue) and opportunity to support the economy of the Bendigo CBD and broader area. Access One of the key issues raised by objectors in relation to the proposal was the proposed access to the basement and courtyard from View Lane. As previously outlined in this report, the concerns raised particularly related to safety, seclusion from the public realm and amenity impacts from smoking, loitering and noise. It was also questioned whether there was a legal right for access of this nature to be provided from View Lane which is a carriageway easement. Legal advice has been provided to the City by the applicant in relation to the right to use View Lane for access purposes.


PAGE 37

The advice concludes that "the use of View Lane for pedestrian access by patrons of the proposed tavern and courtyard is fully consistent with the express rights granted under the easement of carriageway. As a matter of law, the proposed use would not constitute an unreasonable or illegal interference with the servient land or others who also enjoy rights of carriageway under the easement." It is also noted in the advice that "it is irrelevant that View Lane is not wide and therefore cars need to take care of pedestrians. That does not provide any limitations on pedestrian access using View Lane, because the easement expressly provides for pedestrian traffic. Motor vehicles are given no priority over pedestrians in the easement." Even given the above advice, following the consultation meeting the applicant has sought to make changes to the access arrangements for the site. A new basement entrance has been created from Mackenzie Street to serve as the primary access. When there is no event in the main hall, members of the general public may be able to utilise the courtyard, with access provided utilising new internal stairs at the rear of the basement. For patrons attending a function in the main hall, direct access is available to the courtyard. It is noted that two doors are still provided from the basement and courtyard to View Lane however it is not the intention that these will be utilised on a regular basis. The applicant has requested that access could be provided into the venue utilising these doorways for short periods during special events (subject to notification to the body corporate). Conditions have been included as part of this recommendation in order to control the use of the doorways into View Lane and ensure Mackenzie Street remains the primary access for the site. The applicant has made a reasonable attempt to relocate the primary access to the Mackenzie Street frontage of the property, minimising public access to View Lane. It is considered that this change will help address the concerns raised from owners / occupiers in View Lane in relation to potential amenity issues and safety concerns. Sale of Alcohol and Amenity Issues The application also seeks approval for an on-premises liquor license. Clause 22.27 Licensed Premises Policy applies to all applications seeking approval for the sale and consumption of alcohol. The policy has been developed to assist in managing the development and growth of licensed premises so as to minimise adverse community impacts. The objectives of the policy are:

To manage the future and existing development of licensed premises within the City of Greater Bendigo.

To define the Entertainment Precinct and manage future and existing development.

To manage the location, patron capacity and hours of operation of licensed premises to protect the amenity of surrounding areas.


PAGE 38

To reduce the incidence of anti-social behaviour and the subsequent impact on the amenity of the area.

At a minimum it is policy that all licensed premises with the City of Greater Bendigo will achieve requirements in relation to:

Bendigo Liquor Accord

Amenity

Noise

Safety

Location

Patron Capacity

Car Parking

Traffic

Complaints Procedures

Hours of Operation A response to each of these requirements is provided as follows: Bendigo Liquor Accord – the applicant is a signatory to the Bendigo Liquor Accord and agrees to adhere to their principles. Amenity – the site is located within an established commercial area within the Bendigo CBD. The surrounding area includes a mixture of land uses including restaurants, bars, pubs, offices, commercial and cultural uses and residential development. It is considered that the proposal will further contribute to the diversity of activities in the area. Concerns were raised by objectors about the impact on residential amenity due to the hours of operation and access via View Lane. The applicant has taken on board these concerns and has subsequently changed the proposal to provide access from Mackenzie Street. The applicant has requested that access may be provided for special events utilising View Lane for short periods of time. Amenity conditions will be included around access, noise and outdoor use. It is also noted that the venue will be required to adhere to other requirements including State Environment Protection Policy (Control of Music Noise from Public Premises). Residents within an established commercial area cannot reasonably expect the same amenity as those within a residential area, however, it is considered that with appropriate conditions the amenity of residents and people generally within the area can be managed. Noise – as previously identified the operation of the venue will be required to meet all relevant policy and permit conditions, including those set out in the State Environment Protection Policy (Control of Music Noise from Public Premises). The applicant has noted that the existing building is constructed of double brick and all existing windows along View Lane (closest point to residences) will be replaced with double glazing. Conditions will be included on any planning permit to minimise adverse impacts on the amenity of the area due to noise.


PAGE 39

Safety – one of the most notable concerns raised by objectors was in relation to safety in View Lane. The applicant has taken reasonable steps to resolve these concerns by relocating the main entrance of the site to Mackenzie Street. Mackenzie Street (unlike View Lane) is a public through road that contains existing public lighting. Patronage of the site will be capped to prevent overcrowding and the applicant has noted that if required security staff will be employed to manage patrons. Location – the site is located within an established commercial area of the Bendigo CBD however it is noted that the site falls within a location where residential development has occurred within the Commercial Zone and that it is also within 100 metres of residentially zoned land. This is not necessarily an unusual situation in Bendigo though with numerous licensed venues being in close proximity to residential development. The site is not located within the defined Entertainment Precinct, however it is noted that this precinct ends at Charing Cross and does not extend up View Street where there are many examples of restaurants and bars. The proposal provides for a sympathetic reuse of a heritage building and is considered to be appropriately located within the commercial area of the Bendigo CBD to complement established venues. Patron Capacity – the anticipated patron capacity for the development has previously been outlined in this report. Council officers have utilised this capacity when determining the car parking waiver for the site however the final patron capacity will be determined by the relevant building surveyor based on the requirements of the Building Regulations 2018. A condition has been included linking the car parking waiver to the patron numbers provided by the applicant. Car Parking – a waiver for car parking has been included as part of this application as there is no capacity to provide any onsite. Car parking is discussed later in this report. Traffic – the proposal will result in the reuse of an existing heritage building, located in the Bendigo CBD. The proposed development will rely on established public car parking within the vicinity of the site as there is no opportunity to include car parking as part of this proposal. As identified above car parking is separately discussed later in this report. Given the site’s location within an established commercial area, it is considered that there is unlikely to be any adverse impact on the function of the local traffic network. Complaint Procedure – a complaints procedure has been established by the applicant. Hours of Operation – the proposed hours of operation have previously been identified within this report. The proposed hours of operation are generally in accordance with Council’s policy for areas outside the Entertainment Precinct with the exception of the opening hour Monday to Saturday. Although the opening time for the function centre is earlier than indicated in the policy, this is not a mandatory requirement and provided measures are put in place to ensure the protection of nearby amenity (i.e. no use of outside areas until a set time), it is considered that this can result in a reasonable outcome for the site. It is recommended as part of the conditions that the opening hour for the function centre be at 7.00am rather than 6.00am.


PAGE 40

Given the proximity of the site to established residences it is also considered appropriate to restrict the use of the courtyard to 10.00pm rather than the 1.00am as indicated by the application. In addition to Council’s Local Policy, Clause 52.27 Licensed Premises is relevant to the consideration of this application. An additional consideration of this clause is the cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area. Planning Practice Note 61 Licensed Premises: Assessing Cumulative Impact provides further guidance on how this assessment should occur. The Practice Notes states "cumulative impact refers to both positive and negative impacts that can result from clustering particular land use or type of land use. It is a product of the number and type of venues present, the way they are managed, and the capacity of the local area to accommodate those venues." The following matters should be considered when assessing the cumulative impact of licensed premises:

Planning policy context

Surrounding land use mix and amenity

The mix of licensed premises

Transport and dispersal

Impact mitigation A response to each of the above matters is provided as follows: Planning Policy Context – the relevant planning provisions have previously been identified in this report and are further discussed throughout. The Commercial 1 Zone is the primary control for how land is utilised and allows for a diverse array of land uses to occur (with and without planning approval). With this is mind it is reasonable to expect a proposal of this nature to be established, especially given the location of the site within the Bendigo CBD. The concern around amenity is discussed extensively in this report and it is considered that the applicant has made reasonable attempts to resolve concerns in relation to access from View Lane. Other concerns around noise and patron numbers are also controlled through other provisions (i.e. Building Regulations 2018). It is considered, on balance, that there is appropriate planning policy support for the proposal. Surrounding Land Use Mix and Amenity – the proposal will contribute to the diversity of land uses that are evident in the area which include a mixture of commercial, offices, cultural / entertainment venues and residential. While the site does not directly adjoin land zoned for residential purposes there are established residences above shops in View Street, although it is noted that the same level of amenity cannot be expected for these residences as those developed within a residential area. It is considered that the proposal will result in an increase in patrons within close proximity to sensitive land uses, however this is not an uncommon situation. While it is acknowledged that there may be some impact to the amenity of the area it is considered that requirements can be put in place to minimise any negative cumulative impact.


PAGE 41

The Mix of Licensed Premises – the site is located within an area that contains an array of licensed venues including restaurants, a pub and culture / entertainment development (i.e. Capital Theatre and Bendigo Art Gallery). These venues have incremental and periodic trading hours which will contribute to a reduced likelihood of an additional premises significantly altering the amenity of the broader area. Transport and Dispersal – it is considered that patrons moving between licensed venues are most likely to head down View Street as there are no easily accessible venues to the west of the site. Patrons seeking public transport options including trains, buses and taxis are also likely to head down the most direct route, being View Street to access these services. The movement of pedestrians into Mackenzie Street / Forest Street and beyond is likely to be for those patrons heading back to their vehicles and therefore is unlikely to result in large groups congregating in an established residential area. Impact Mitigation – the proposal seeks to utilise an existing heritage building within the Bendigo CBD and therefore there are limitations on the ability to provide parking and other facilities such as public toilets to help service the area. The applicant has signed up to be part of the Bendigo Liquor Accord which provides commitments for the venue around the responsible service of alcohol, safety and security and commitment to being a good neighbour. Conditions around the use of outdoor areas have been included as part of this recommendation. On balance it is considered that the proposal represents an acceptable outcome for the site and surrounding area and there is unlikely to be a negative cumulative impact from the sale and consumption of alcohol as a result of the proposal. Car Parking No car parking is proposed to be provided on the site as part of this application as the existing heritage has no opportunity for off street parking to be practically provided. The purpose of Clause 52.06 Car Parking includes:

o To ensure the provision of an appropriate number of car parking spaces having

regard to the demand likely to be generated, the activities on the land and the nature of the locality.

o To support sustainable transport alternatives to the motor car.

o To promote the efficient use of car parking spaces through the consolidation of car

parking facilities.

o To ensure that car parking does not adversely affect the amenity of the locality. The requirements of Clause 52.06 Car Parking should be read in conjunction with the provisions of Clause 45.09 Parking Overlay –Schedule 1 which also applies to the site. The car parking rates that are relevant to this application are column B below:


PAGE 42

The function centre and courtyard (which has been identified in the application as "being space to support the proposed function centre"), is stated by the applicant as having the capacity to contain a maximum of 175 standing patrons or 120 seated patrons. Based on the above requirements of 0.3 spaces to each patron permitted, 52 car parking spaces would be required. For the tavern the applicant has identified the total leasable floor area is 145 square metres. Based on this 5 spaces would be required. Therefore a total of 57 car parking spaces would be required for the proposed uses. The highest patron number identified by the applicant has been taken into account when calculating the car parking requirements for the place of assembly (function centre) however it is considered that this maximum is unlikely to be reached for numerous events. The matter of car parking and the consideration of car parking waivers is often a contentious issue in the assessment of planning applications. Although planning applications are assessed on an individual basis the consideration of car parking should be looked at more holistically. In 39 High Street Pty Ltd v Darebin CC [2018] VCAT 545 (10 April 2018), Member Paterson notes in paragraph 18 that ‘the Tribunal has often taken a ‘centre based approach’ to proposals for commercial development within activity centres. Put simply the centre based approach requires the use and development of individual sites in a centre should not be constrained by an inability to provide parking. In Alesci v Mornington Peninsula SC [2002] VCAT 1124 (27 September) the Tribunal noted: At the level of the individual site where there is a change of use or an extension to an existing building in most circumstances car parking shortfalls should be waived if it is consistent with the strategic plan for the centre, firstly because the most equitable solution is to deal with car parking on a centre wide basis and secondly because even in saturated car parking conditions a balance will occur between the level of activity and the car parking supply.’


PAGE 43

Current strategic documents which are relevant to the consideration of car parking in relation to this application include:

Bendigo CBD Parking Precinct Plan 2009

Bendigo CBD Parking Strategy 2008

Greater Bendigo Walking and Cycling Strategy 2006

Greater Bendigo Integrated Transport and Land Use Strategy (ITLUS) 2015 With the exception of the Walking and Cycling Strategy 2006 these documents are reference documents in the Greater Bendigo Planning Scheme. "In the city centre there are over 6,000 car parking bays. Many spaces are used by shoppers and are turned over frequently and they add to the business and vitality of the city. But most are not. In total, car parking occupies over 20 hectares of space in the City Centre alone. That is land that doesn’t have shops and offices on it and is not able to be used productively by the community. Much of it is ‘dead space’, in that it is tied up most of the day by a car driven by a person who parks the car all day. This happens at a cost to the businesses and vitality of the City Centre." (ITLUS 2015). ITLUS also goes on to say that "a provision is made for applicants for planning permits to request a reduction or waiver of requirements. This approach probably needs to be reversed for many uses and developments – applicants for many uses within the city centre should need to demonstrate why they need car parking on site." While this approach does not currently form part of any policies or specific provisions within the Greater Bendigo Planning Scheme there is clear direction provided by the City’s current strategies in supporting alternative transport options and reducing requirements around the consideration of car parking on an individual basis when it comes to proposed land use and development. In this situation it is considered that there is no opportunity to provide onsite car parking without having a detrimental impact on the heritage significance of the site and therefore a broader ‘centre based approach’ should be investigated into how development can be further supported into the future within the CBD. Within the vicinity of the site there is on-street, short term parking, as well as other public car parking including at the QEO (behind the Capital Theatre). The location of the site also means there are alternative transport options including connections from the Bendigo Railway Station and the public bus network. While the application seeks a waiver of bicycle requirements it is considered that there is an opportunity for bicycle facilities to be provided on and within the vicinity of the site. A condition will be placed on the planning permit requiring bicycle parking to be provided on the site. It is also considered there is opportunity for the applicant to work with the City of Greater Bendigo to locate additional public bicycle hoops within the vicinity of the site. Clause 45.09 Parking Overlay – Schedule 1 allows for the collection of a financial contribution to contribute to the construction of public car parking facilities.


PAGE 44

Note the current contribution rate is $10,672.47 per space. In this instance, although the proposal seeks a waiver of all car parking for the site it is considered that a financial contribution should not be required for the following reasons:

The proposal seeks the reuse of an existing heritage building and there is no practical opportunity to provide onsite car parking.

The most recent use for the site was as an Op Shop and no car parking was provided for this use.

The site is located within the Bendigo CBD within an area that can be serviced by alternative transport options.

The waiver of car parking is consistent with the ‘centre based approach’ which should be considered when assessing applications of this nature.

Strategic planning undertaken by the City (including ITLUS) outlines car parking requirements in the city centre needs to be further considered and that an alternative assessment position should be taken.

The overall benefits of the proposal outweigh the need to provide onsite car parking. Overall it is considered that the waiver of 57 car parking spaces is appropriate for the site and that no financial contribution should be required for the above identified reasons. Heritage The site is identified as being of individual heritage significance (HO261, 10-12 Mackenzie Street Bendigo – School and Residence) under Clause 43.01 Heritage Overlay of the Greater Bendigo Planning Scheme. All Saints’ School and Master’s Residence was designed by Frederick Wyatt and constructed in 1877. The buildings are a substantially intact example of Victorian Free Gothic architecture applied to an educational complex. The buildings are significant to the State of Victoria for their aesthetic, technical and architectural features. A Conservation Management Plan (CMP) was prepared for the Anglican Diocese of Bendigo by Minerva Heritage in 2012 and included policies and strategies in relation to the ongoing management of the School and Residence. The assessment of this proposal by the City of Greater Bendigo’s Heritage Advisor has been undertaken with the context of the CMP in mind. The following response is provided in relation to the proposal:

The change of use means that the building will be used, maintained and be appreciated by the general public. The new use is fully supported.

Some changes are required to the fabric of the building not all of which are supported by the CMP. The changes to the front stairs and the stables are the most significant changes.

Access requirements cannot be avoided and after considerable discussion on the site the proposed lift arrangement is considered to be the least intrusive and most acceptable method available.


PAGE 45

The original proposal resulted in too drastic a change to the stables at the rear of the site. The plans have subsequently been amended to allow for the general form of the original building to still be understood, while allowing for a functional outdoor area.

Other external works including toilet block, changes to windows, glazing and reconstruction of stairs are supported.

Internal planning controls also apply to the site.

The proposed changes, including removal of the stage, changes to the kitchen, and replacement of doors to the bell tower are generally supported.

It is recommended that all original dado panelling, the cupboard in sitting room and the corner cupboard in kitchen be retained as these items contribute to the original fabric of the building.

Figure 8: Artist impression looking towards current stables location The applicant has worked with the City of Greater Bendigo’s Heritage Advisor throughout the application process and has made reasonable changes to ensure the protection of the identified heritage value. Overall it is considered the proposal will create a positive outcome for the site and will continue to ensure that the heritage fabric is protected, while creating a functional and useable space.

Conclusion

On balance, the proposal represents an acceptable outcome for the site and will result in an appropriate reuse of an established heritage building. The site is located within a commercially zoned area of the Bendigo CBD where an array of land uses exist. While there are concerns about the impact the proposal will have on the amenity of the area, it is considered that appropriate measures can be put in place to minimise any negative impacts. The applicant has taken on board the concerns raised by objectors and amended the plans to relocate all main access to the site to Mackenzie Street, rather than View Lane.


PAGE 46

Being within the Bendigo CBD allows patrons attending the site to utilise alternative transport options rather than relying on private transport. t is considered that the waiver of car parking is an acceptable outcome for the site for the reasons discussed in this report. Overall it is considered that the proposal represents an acceptable planning outcome taking into consideration the necessary requirements of the Greater Bendigo Planning Scheme.

Options

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

Attachments

Objections

Planning Practice Note 61 – Licensed Premises: Assessing Cumulative Impact

Proposed Conditions

1. MODIFIED PLAN REQUIRED Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Section of the courtyard showing extent of walls to be retained including

heights (b) New doors in bell tower (c) Window schedule identifying original glazing to be retained and details of

proposed replacement glazing (d) Original dado panelling to be retained (e) Removal of outdoor dining details from plans (f) Details of proposed new stairs and landing to be constructed over the top

of existing front stairs (g) Details of proposed bin enclosure (h) Size, wording and colour details for signage (i) Location of bicycle storage in accordance with Condition 9

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

3. SCHEDULE OF MATERIALS Prior to the commencement of development a schedule of the proposed


PAGE 47

materials and colours to be used for the building, shall be submitted to and approved in writing by the responsible authority.

4. DEMOLITION ACTIVITIES All activities associated with the demolition permitted by this permit must be carried out to the satisfaction of the responsible authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.

5. HOURS OF OPERATION The place of assembly (function centre) permitted by this permit must operate only between the following times:

Indoor

Monday to Saturday 7.00am to 1.00am

Sunday 10.00 to 11.00 pm

Good Friday 12.00pm to 10.00pm

ANZAC Day 12.00 pm to 10.00 pm

Outdoor The ancillary courtyard is to have the following alternative hours of operation:

Monday to Sunday 10.00am to 10.00pm

Good Friday 12.00pm to 10.00pm

ANZAC Day 12.00 pm to 10.00 pm

6. USE OF OUTDOOR AREAS The outdoor courtyard must only be utilised during the times outlined in Condition 5. Outside these times no public access is allowed to the courtyard except for access to the toilets. Any doors or windows along the rear of the building must remain closed (except while patrons are entering and exiting the courtyard to access the toilets).

7. PATRONAGE OF THE SITE AS A RESULT OF CAR PARKING WAIVER

Unless otherwise agreed in writing with the responsible authority the numbers

of people present on the site must be limited to the following numbers:

Function Centre (including outdoor courtyard) –175 patrons

Tavern – 80 patrons

8. PUBLIC ACCESS

Without the prior written consent of the responsible authority and the Body Corporate who represents carriageway easement A-1(land in PS 429854A) no pedestrian ingress or egress is to be provided to View Lane except for emergency purposes.

9. BICYCLE STORAGE Provision must be made for the parking of five bicycles on the subject land to the satisfaction of the responsible authority.

10. GENERAL AMENITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality.


PAGE 48

11. BAFFLED LIGHTING Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

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

13. COMPLY WITH STATE NOISE POLICY N-2 Noise emissions must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

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

15. GARBAGE STORAGE Provision must be made on the land for the storage of garbage and other solid waste. This area must be screened from public view to the satisfaction of the responsible authority.

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

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

18. MAINTENANCE OF SIGNS The sign(s) permitted by this permit must be maintained in good condition to the satisfaction of the responsible authority.

19. NO MOVING PARTS Moving parts must not be used in the sign(s) permitted by this permit.

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

21. SIGNS WITHIN BOUNDARIES The sign(s) permitted by this permit must be located wholly within the boundaries of the subject land.


PAGE 49

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

23. SIGNAGE Any signs to be fixed to a heritage listed building must be attached in such a way to ensure that no damage occurs to the fabric of the building and must be approved by the responsible authority.

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

25. DELIVERY HOURS Deliveries to the subject land must only occur between the following times:

Monday to Friday 7.00 am to 6.00 pm

26. LIQUOR LICENCE DOCUMENT The applicant must provide (for City records) an original copy of any new liquor license within 1 month of issue by Liquor Licensing Victoria.

Notes Food Act 1984

The food premises must be constructed and maintained in accordance with the Food Act 1984 and the Food Standards Code. It is strongly recommended that a plan of the proposed food premises be submitted to Environmental Health and Local Laws for assessment prior to the commencement of construction and/or fit out. Information on the construction and fit-out of a food premises can be downloaded from City of Greater Bendigo webpage http://www.bendigo.vic.gov.au/Services/Food-businesses or by contacting Environmental Health & Local Laws on (03) 5434 6075.

The food premises must be registered with City of Greater Bendigo under the provisions of the Food Act 1984. The business shall not commence trade until an Environmental Health Officer has conducted the final inspection of the premises and registration under the Food Act 1984 has been granted.

Coliban Water must be contacted to determine whether the premises requires a grease trap. Environmental Health and Local Laws must be consulted in regards to the appropriate location of a Grease Trap to ensure compliance with the Food Standards Code.

Tobacco Act 1987

Smoking is prohibited within 10 metres of all children’s playground equipment in outdoor public places (including outdoor drinking and/or dining areas) in Victoria from 1 April 2014. Children’s playground equipment may include an individual piece of equipment as well as clusters of playground equipment, such as climbing frames, swings and slides.


PAGE 50

Smoking is prohibited in outdoor dining areas where food is served at hospitality and food venues in Victoria from 1 August 2017. Venues must display appropriate ‘No smoking’ signs in these areas to raise awareness of the no smoking status.

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

Consent for Works on Road Reserves

The applicant must comply with:

The Road Management Act 2004,

Road Management (Works & Infrastructure) Regulations 2005; and

Road Management (General) Regulations 2005

with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this note on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.


PAGE 51

2.3 3 ABEL STREET, GOLDEN SQUARE 3555 - CONSTRUCTION OF WAREHOUSE, OFFICE AND FOOD AND DRINK PREMISES; AND REDUCTION OF CAR PARKING


Author Kahlia Reid, Senior Planner Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Summary/Purpose

Application details: Construction of warehouse, office and food and drink premises; and reduction of car parking

Application No: DC/969/2015

Applicant: Village Building Group Pty Ltd

Land: 3 Abel Street, GOLDEN SQUARE 3555

Zoning: Commercial 2 Zone

Overlays: There are no overlays applying to the site

No. of objections: 4


24 May 2016

Key considerations: Is the proposal in accordance with the purpose of the Commercial 2 Zone?

Is the scale of development appropriate for the site?

Are the vehicle movements to and from the site acceptable?

Is appropriate car parking provided for the proposal?

Does the proposal appropriately take into consideration the interface / integrate with the adjoining residential zone?

Conclusion: Based on the information at hand an assessment of the proposal has been undertaken. While the Greater Bendigo Planning Scheme, including the Commercial 2 Zone support the construction of warehouse buildings along with associated uses, the site is located within a unique location between the transition of zones (commercial and residential). The development of four individual tenancies, along with the associated reduction of onsite car parking and difficulty with vehicle manoeuvring, it is considered an overdevelopment of the site. In addition, the application has not appropriately addressed


PAGE 52

the interface with residential development and for these reasons the application is recommended for refusal.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to issue a Notice of Refusal to Grant a Permit for the construction of warehouse, office and food and drink premises and reduction of car parking at 3 Abel Street, GOLDEN SQUARE 3555 based on the following grounds:

1. The proposal does not meet the purpose of Clause 34.02 Commercial 2 Zone due to it being an overdevelopment of the size and will result in adverse amenity impacts to adjoining residential properties.

2. Inadequate car parking has been provided and the proposed car parking reduction will have an adverse impact on the surrounding locality and character of the area.

3. The layout of the site does not allow for the convenient movement of vehicles.

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

CARRIED

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

Policy Context







The application was lodged on 24 December 2015. A revised site plan was submitted on 16 February 2016 based on comments received from the City of Greater Bendigo’s Traffic Engineer.


PAGE 53

Advertising of the proposal commenced on 11 March 2016 by way of individual notices and a sign onsite and four objections were received and a consultation meeting was undertaken on 24 May 2016. The applicant was advised in June 2016 that the application would be reported to a Council Meeting with a recommendation for refusal. A subsequent response was received from the applicant providing some additional information in relation to the proposal. As the information provided did not address the City’s concerns, it was requested the applicant make further changes to see if a better outcome could be achieved as opposed to putting the application to Council in its current state. This application has now been inactive since the middle of 2016. The application was discussed with the contact person, however, they advised they no longer work for the applicant organisation. A number of subsequent attempts have been made to contact the organisation, however they have not wanted to speak to City Planning officers or withdraw the proposal.

Report


The site is a rectangular shaped allotment located on the southern side of Abel Street, approximately 65 metres from the intersection of Adam Street. The site contains a frontage to the street of approximately 20 metres, has a depth of approximately 50 metres and a total area of approximately 1,000 square metres. An existing dwelling constructed in 1955, is located on the site with a number of associated outbuildings located to the rear. The area surrounding the dwelling and outbuildings is denoted by gravel. The site is located on the interface of the Commercial 2 Zone and General Residential Zone. Land to the rear of the site is zoned Public Park and Recreation and is former mining land. A mixture of development is evident in the area including dwellings, offices, warehouses, light industrial and recreational facilities (including a gymnasium). Abel Street is a sealed local road, while Adam Street to the east of the site is a Category 1 (VicRoads managed) road.


PAGE 54

Figure 1: Zone map

Figure 2: Location map showing subject site. Objectors’ properties are marked with a star.

Proposal

The application seeks planning approval for the construction of warehouses, office and food and drink premises and reduction of car parking. There are four separate tenancy areas proposed on the site:

1. Proposed as a food and drinks premises which does not require planning approval for use, if it has a leasable floor area of less than 100 square metres. The proposal shows the leasable floor area as 74 square metres.

2. To be utilised as a wholesale bakery and has a leasable floor area of 185 square metres.


PAGE 55

3. To be utilised as an office / warehouse and has a leasable floor area of 210 square metres.

4. Also to be utilised as an office / warehouse and has a leasable floor area of 128 square metres.

A total of seven vehicle parking spaces are shown on site along with two separate loading areas (in front on tenancies 3 and 4). The application has also indicated there is provision for five car parking spaces within the road reserve at the front of the site (to be created by the proponent), however, these cannot be considered as part of the application owing to their location on public land. A common driveway would extend along the eastern boundary of the site to provide access to the tenancies. Details on materials and finishes have not been included on the plans. The existing dwelling and outbuildings are to be demolished to facilitate the proposal however no planning permit is required for this component.

Figure 3: Proposed site layout

Figure 4: Presentation of development from Abel Sreet


PAGE 56

Figure 5: Presentation of from eastern elevation





Clause 13.05 Noise

Clause 13.06 Air Quality

Clause 15.01 Urban Design

Clause 17.02 Commercial

Clause 17.03 Industry

Clause 18.02 Movement Networks Municipal Strategic Statement

Clause 21.07 Economic Development

Clause 21.09 Integrated Transport and Infrastructure


There are no local planning policies relevant to this application Other Provisions


Clause 52.06 Car Parking

Clause 52.34 Bicycle Facilities



PAGE 57


Referral Comment

Traffic & Design No objection however the car parking layout in current form was considered unsatisfactory. The applicant sought to make changes, however, the design still does not meet the requirements.

Environmental Health No objection subject to notes.

Drainage No objection subject to conditions and recommendation about referral to the City’s arborist in relation to street tree.

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:

Concern over additional food and drinks premises in the area

Traffic visibility hazard as a result of proposed verandah / outdoor dining area

Proposed on street car parking will cause a traffic hazard due to its location on Abel Street

Food and drinks premises along with bakery will cause a nuisance to residents

Onsite car parking not adequate

Proposed driveway width not adequate

Delivery vehicle congestion

Amenity impacts due to built form (i.e. access to daylight)

Street setback

Increase in traffic, noise and lighting and the impact this would cause on residential properties

Losing what little character there is left in the street and area

Lack of discussion around opening hours

The objections are discussed through the planning assessment below.


PAGE 58

Planning Assessment

Does the proposal comply with the Zone and will the use and development result in adverse amenity impacts? The purpose of Clause 34.02 Commercial 2 Zone includes:

To encourage commercial areas for offices, appropriate manufacturing and industries, bulky goods retailing, other retail uses and associated business and commercial services.

To ensure that uses do not affect the safety and amenity of adjacent, more sensitive uses.

The site adjoins land both used and zoned for residential purposes. The applicant has designed the proposal so that the common driveway runs along the residential boundary in what they state is an attempt to minimise potential disturbance from noise. It is officer’s opinion that having the common property along this boundary coupled with up to four separate tenancies, does create potential for detriment to the residential properties (most notably 1 Abel Street) by way of noise and the movement of vehicles. The alternative to the current layout would be to relocate the driveway to the western boundary of the site and buildings to the eastern boundary, however, this is likely to create other amenity issues for the residential properties (i.e. overshadowing). The difficulty in this application is that the Commercial 2 Zone does not provide the ability to consider ResCode, which may allow for a better design outcome, given the residential interface with the application site. While it is considered that the purpose of the zone provides general support for uses and developments of this nature, in this instance there will be an unreasonable impact on adjoining (established) sensitive uses and therefore the proposal is not consistent with the zone purpose. The application seeks to utilise and develop the site with four separate tenancies, two of which are designed as a form of warehousing, one as a wholesale bakery and one as a food and drink premises which will present to Abel Street with a zero front setback. The site is only 1,000 square metres in size and has more in common with a conventional ‘old style’ residential block of land (which is how the site has historically been developed) rather than a commercial property capable of catering for four separate tenancies. On a commercial site of this size and locality four separate tenancies, two of which have been identified as warehouses is considered excessive for this site. The reason it is considered an overdevelopment is the potential for four separate businesses, each with their own staff, customers, loading / unloading requirements to be present on such a small site.


PAGE 59

The car parking arrangements, loading / unloading areas and general vehicle manoeuvrability on the site are less than adequate and do not comply with the requirements of the Greater Bendigo Planning Scheme (further discussed in this report). Whilst it may seem contradictory, one larger tenancy on the site with more regard for the adjoining residential land, along with vehicle parking and loading / unloading facilities may have been a better overall outcome for the site. Notwithstanding the potential for what could be argued as a better use and development for the site, that is not what has been applied for and as such the proposal has been assessed on its current merits. The application is considered to be an inappropriate scale and design for the site and is likely to result in adverse amenity impacts to nearby sensitive uses. Are the arrangements for car parking and vehicle movement acceptable? The application proposes seven car parking spaces on site and four car parking spaces on the nature strip in front of the site. The four car parking spaces at the front of the site are located within the public realm and therefore cannot be considered as being part of the total car parking requirement for the site. Clause 52.06 Car Parking sets out car parking requirements for proposed land uses. The following car parking rates (column A) are relevant to this application.

Based on the above car parking rates the following spaces are required for the site:

2.96 spaces rounded down to 2 spaces for the food and drinks premises


PAGE 60

5.3 spaces rounded down to 5 spaces for the bakery

8.5 spaces rounded down to 8 spaces for the warehouses The total number of spaces therefore required for the site is 15 car parking spaces. As the applicant is only seeking to provide 7 car parking spaces on the site a waiver of 8 spaces is therefore required. The applicant has not provided a car parking demand assessment in accordance with the requirements of Clause 52.06-7 Applications to Reduce the Car Parking Requirement or any substantial justification as to why the reduction in car parking is appropriate for the site, taking into consideration the context of the area. The car parking arrangements provided for the site was one of the concerns raised by objectors in relation to this proposal. Not only does the proposal not comply with the car parking requirements for the proposed land uses, the space available for the movement of vehicles on the site is relatively restricted and it is considered the functionality of the layout is inadequate and would not allow for the convenient movement of vehicles on the site. One turning movement shown on the submitted site plan even shows a vehicle turning movement extending over the property boundary. Overall it is considered that the car parking number, layout and movement of vehicles within the site is unacceptable and does not meet the requirements of the Greater Bendigo Planning Scheme.

Figure 6: Site layout showing car parking layout and vehicle movements


PAGE 61

Will the proposal have a detrimental impact on the character of the area? The character of this small cluster of properties on the southern side of Abel Street is best described as residential in the way it looks and feels. It is acknowledged that there are only a small number of properties in this section of the street, some of which are zoned residential, however, it is the most accurate way of describing the character and is due to the historical use of land for residential purposes. The proposal seeks permission to build a contemporary, commercial building with an active frontage with a zero setback to Abel Street, which would share more in common with a conventional shopping strip as opposed to an area which mixes commercial and residential development. No other development in the immediate vicinity of the site has a zero setback to the street and as such the proposal will have an impact on the immediate character of this section of Abel Street. It is considered that due to the relatively generous setback of adjoining buildings, the introduction of a zero setback, removal of the nature strip and proposed on street parking would have a detrimental impact on the character of this part of Abel Street and potentially the amenity of neighbouring residential properties.

Conclusion

While there is policy support for well-designed commercial development within Abel Street, Golden Square it is considered that the application does not appropriately take into account the constraints of the site or surrounding context. The proposal fails to appropriately address amenity concerns raised by the neighbouring residential property and the design, car parking layout, loading / unloading facilities and vehicle movements within the site are considered to be inappropriate. It is acknowledged that it may be possible for a commercial development to occur on the site however the current proposal is an overdevelopment and will result in an unreasonable impact on the area. The application is therefore recommended for refusal.

Options


Attachments

Objections


PAGE 62

2.4 10 HILL STREET, BENDIGO 3550 - TWO LOT SUBDIVISION OF LAND, CONSTRUCTION OF TWO DWELLINGS ON A LOT, PARTIAL DEMOLITION, EXTENSION TO EXISTING DWELLING, CONSTRUCTION OF A VEHICLE CROSSOVER, DEMOLITION AND CONSTRUCTION OF FENCING AND REMOVAL OF TREES


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

Summary/Purpose

Application details: Two lot subdivision of land, construction of two dwellings on a lot, partial demolition, extension to existing dwelling, construction of a vehicle crossover, demolition and construction of fencing and removal of trees.

Application No: DSD/110/2018

Applicant: C G Cannon

Land: 10 Hill Street, BENDIGO 3550

Zoning: General Residential Zone

Overlays: Heritage Overlay 841 Heritage Overlay 999 Neighbourhood Character Overlay 1

No. of submissions: 6 objections and 3 letters of support.


28 June 2018 attended by the applicant, 7 residents and 1 Ward Councillor.

Key considerations: Whether the location is appropriate for infill development.

Whether the proposal will adversely affect the heritage significance of the place.

Whether the proposal will impact adversely on neighbourhood character.

Whether the proposal will result in material detriment to residential amenity.

Conclusion: The proposal is an acceptable outcome as it complies with Planning Scheme requirements.


PAGE 63

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to issue a Notice of Decision to Grant a Permit for a two lot subdivision of land, construction of two dwellings on a lot, partial demolition, extension to existing dwelling, construction of a vehicle crossover, demolition and construction of fencing and removal of trees at 10 Hill Street, BENDIGO 3550 subject to the conditions at the end of this report: RESOLUTION Moved Cr Williams, Seconded Cr Fyffe. That the recommendation be adopted.

LOST MOTION Moved Cr Metcalf, seconded Cr Flack. Pursuant to Section 61 of the Planning and Environment Act (1987), Council resolve to issue a Notice of Refusal to Grant a Permit for a two lot subdivision of land, construction of two dwellings on a lot, partial demolition, extension to existing dwelling, construction of a vehicle crossover, demolition and construction of fencing and removal of trees at 10 Hill Street, BENDIGO 3550 for the following reasons:

1. The proposal is not in accordance with Clause 43.01 (Heritage Overlay).

2. The proposal is not in accordance with Clause 43.05 (Neighbourhood Character Overlay).

3. Non-compliance with the objectives and standards of Clause 55 (two or more dwellings on a lot) and Clause 56 (Residential subdivision) which will result in an unreasonable amenity outcome.

4. The proposal is not in accordance with the requirements of Clause 52.06 (Car Parking) and will result in inadequate access arrangements.

5. The proposal is not in accordance with objectives outlined in Clause 22.06 (Heritage Policy).

CARRIED

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

Policy Context





PAGE 64



Report


The site is located on the eastern side of Hill Street, between Buckley Street to the north and Bannerman Street to the south. It is rectangular in shape with a frontage and eastern boundary of 20.11m, northern and southern boundaries of 50.29m and an overall area of 1,011sqm. It contains a slope of approximately 3m which falls towards the north east corner and is unaffected by easements. The site currently comprises a single storey miners' cottage which is constructed of brick and timber and has a pitched gable roof. The dwelling was originally constructed of brick and has later undergone weatherboard extensions at the front and rear. It is located centrally within the site with a substantial front setback. A low post and wire mesh fence presents to the street. An existing crossover is located at the southern end of the site frontage. Scattered trees are located throughout the site.

Figure 1-Photos of the site

The site is located in an established residential area which comprises a range of lot sizes, with evidence of some more recent infill residential development.


PAGE 65

The site is adjoined by the following:

North of the site, at 12 Hill Street, is a single storey brick dwelling with a tiled, pitched roof. Vehicle access is via a driveway at the northern end of the property frontage. The dwelling presents openly to the street. It is setback 10.2m from Hill Street and 1.9m from the subject site. It does not have any windows which face the subject site. It has a large open rear yard area to its north east.

South of the site, at 8 Hill Street, are three single storey dwellings. The front dwelling is the original dwelling and the two rear dwellings have been constructed in its former rear yard area. The front dwelling is constructed of weatherboard and has a tiled, hipped roof. The rear dwellings are constructed of brick and have metal, hipped roofs. The front dwelling is setback 6.8m from Hill Street and 4.6 – 6.4m from the subject site and has two windows which face the site (setback 6.4m from the site). Vehicle access to the front dwelling is via a driveway at the southern end of the property frontage. Private open space for this dwelling is located to its east. A low picket fence presents to the street. The rear dwellings are setback 7.1 – 7.9m from the subject site and have windows which face the site. Vehicle access to the rear dwellings is via a driveway at the northern end of the property frontage. Private open space for these dwellings is located to their east.

West of the site (opposite), 11 to 19 Hill Street, are single storey brick and weatherboard dwellings with tiled or metal roofs.

East of the site (adjoining), at 35 Milroy Street, is a single storey brick dwelling which is the rear unit in a three unit development. Its private open space is located to the south west of the dwelling, abutting the site’s north east corner. The dwelling is setback 4.1 – 8.4m from the subject site and has a number of windows which face the site.


PAGE 66

Figure 2: Location map showing subject site. Objectors’ properties are marked with a red star and the properties with support marked with a green star.

Proposal

The application proposes a two lot subdivision, construction of two dwellings, partial demolition and extension to the existing dwelling and removal of trees. The proposal is summarised as follows: Subdivision:

The existing dwelling forms lot 1 with an area of 486sqm.

Lot 2 would accommodate the proposed dwellings and accessway with an area of 525sqm.

Construction of two dwellings:

Two double storey dwellings are proposed to be constructed at the rear of the existing dwelling. These dwellings are accessed via the existing driveway at the southern end of the site frontage.

Dwelling 2 comprises a living/dining/kitchen and toilet at the ground floor level and two bedrooms (both with ensuites) at the first floor level.

Dwelling 3 comprises a living/dining/kitchen, one bedroom (with ensuite) and toilet at the ground floor level and two bedrooms, a rumpus room and bathroom at the first floor level.

Dwelling 2 has an open car space and dwelling 3 has a single garage and an open car space.

The dwellings are setback 5 – 5.4m from the north boundary at the ground and first floor levels.

The dwellings have 52 and 68 sqm open space areas to their north.


PAGE 67

The dwellings have flat roofs and are constructed of rendered surfaces and linea cladding.

The southern (driveway) elevation is articulated via vertical windows and vertical cladding elements and the provision of a circular window which creates consistency with the extension to the existing dwelling.

The northern elevation is articulated via extensive glazing and larger expanses of the linea cladding.

The proposed dwellings have an overall height of 6.4m. Partial Demolition:

The verandah/lean-to at the front of the dwelling will be demolished to expose the façade of the miners' cottage.

The rear single storey extension and decking will be demolished.

The roof will be removed and replaced.

The rear outdoor toilet will be removed. Extension and works to the existing dwelling:

The extension to the dwelling is two storey, located to the north west of the dwelling and is predominantly built to the north boundary with light court indentations on its western side.

The extended section of the dwelling is setback 6.8m from Hill Street and the first floor component is setback 1.1m from the north boundary.

The extended section of the dwelling comprises two bedrooms, a bathroom and kitchen / dining / living areas at ground floor level and a study and rumpus room at the first floor level. The retained section of the existing dwelling comprises a master bedroom with an ensuite and walk in robe.

An area of secluded private open space is provided to the east of the dwelling and a large area of open space is provided to the south west of the dwelling, achieving 53sqm of secluded open space and 301 sqm of private open space.

The brickwork on the façade of the dwelling (i.e. the original façade that will be exposed, when the weatherboard section is removed) will be stripped of paint and restored, as will the chimney and gable detailing.

The windows and front door in the façade of the dwelling will be repaired and restored.

A new window will be provided on the eastern wall of the dwelling. The style of the window will match the windows on the façade of the dwelling.

The additions will be constructed of off-white face brickwork with a non-corrugated colorbond gable roof.

The façade and south east elevation of the extended sections of the dwelling adopt a minimalist appearance which comprises one circular window on each elevation.

Given the minimal windows on the front and side elevations, the north east elevation comprises extensive glazing and a number of skylights are provided at the north side of the dwelling to capture natural light.

A metal deck corridor section links the existing dwelling to the new additions.

The as-extended dwelling will have an overall height of 6.2m.


PAGE 68

Fencing, vehicle crossover and tree removal:

The existing front fence will be removed and replaced with a low picket fence together with new fencing along the southern boundary of the open space for the existing dwelling and a 1.8m paling fence is provided at the south side of the secluded open space for this dwelling.

A new 3m wide vehicle crossover is proposed at the northern end of the property frontage, providing access to two uncovered car parking spaces.

Existing native trees and shrubs will be removed from the front garden.

Figure 3 Plan of Subdivision


PAGE 69

Figure 4: Demolition Plan

Figure 5 Ground floor / site layout plan


PAGE 70

Figure 5 First floor plan

Figure 7: Elevations 1


PAGE 71

Figure 8: Elevations 2

Figure 9: Streetscape


PAGE 72

Figure 10: Artist's perspectives


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


Clause 11.01-1R Settlement - Loddon Mallee South

Clause 15.03 Heritage

Clause 16.01 Residential Development


PAGE 73


Clause 21.05 Compact Bendigo



Clause 22.11 Central Bendigo Residential Character Policy Other Provisions

Clause 32.08 General Residential Zone

Clause 43.01 Heritage Overlay

Clause 43.05 Neighbourhood Character Overlay

Clause 55 Two dwellings on a Lot

Clause 56 Residential Subdivision

Permit Triggers The need for a planning permit is triggered by:

Clause 32.08-3 of the General Residential Zone, which states that a permit is required to subdivide land.

Clause 32.08-6 of the General Residential Zone, which states that a permit is required to construct more than one dwelling on a lot and that a development must meet the requirements of Clause 55.

Clause 43.01-1 of the Heritage Overlay which states a permit is required to subdivide land, demolish a building, construct a building/carry out works, demolish and construct a fence.

Schedule 841 (Bannerman Street Precinct) and Schedule 999 (Miners Cottages Bendigo, Ironbark, Long Gully, North Bendigo and West Bendigo) to the Heritage Overlay, which requires a permit for removal of a tree.

Clause 43.05 Neighbourhood Character Overlay which states a permit is required to demolish a building and construct a building.



Referral Comment

Traffic No objection subject to conditions

Drainage No objection subject to conditions

Heritage No objection subject to conditions


PAGE 74

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

Overdevelopment of land

Insufficient space to grow trees and plants

Heritage impact

Character impact

Proposal is in breach of all heritage design objectives for additions

Affect on historic streetscape

Demolition will destroy the integrity of the miners' cottage

Loss of privacy

Overshadowing

Drainage

Mine shaft

Contaminated soil

The objections are discussed in the assessment below. One letter of support was also received.

Planning Assessment

Housing/Infill Policy Considerations Clause 11.01-1S Settlement has the objective to promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements. Clause 11.01-1 Settlement - Loddon Mallee South includes strategies which promote Bendigo as a regional city which seek to facilitate increased residential densities for underutilised sites and land in Bendigo. Clause 16.01 Residential development promotes a diverse range of housing that meet community needs in locations that offer good access to services and transport and that is both water and energy efficient. Clause 21.02 Key issues and influences outlines the background to the concept of Compact Greater Bendigo which the Residential Strategy promotes in order to strengthen the urban growth boundary and improve housing and transport options.


PAGE 75

Clause 21.05 Compact Greater Bendigo provides further detail on the concept, in particular clause 21.05-3 10 minute neighbourhoods which has the goal of creating a network of 10 minute neighbourhoods where people can access many of their daily needs within a 10 minute walk or cycle trip from where they live. Also of relevance in clause 21.05 is sub- clause 21.05-4 Housing density and diversity. This seeks to provide a greater choice in housing types and densities that responds to the lack of dwelling size choice in Bendigo, in particular dwellings with less than 3 bedrooms. The site is not within 400m of an activity centre. However the site is within the urban growth boundary and has convenient road access to Bendigo. The proposal is also reasonably located for bus services being within 300m of bus route 54, which has an hourly service between Maiden Gully and Bendigo Station. The proposal meets Local and State objectives in terms of being an appropriate location for housing. The proposal provides two new dwellings (one 2 bedroom and one 3 bedroom) as well improved accommodation in the extended existing dwelling. It therefore meets the City’s policy direction of providing diverse housing choice and contributes towards the goal of creating a compact urban area. From a strategic housing policy perspective, there are no reasons why a planning permit should be not granted for a modest infill development in this location.

Heritage Considerations

Hill Street along with others in the area were recognised as having heritage value in the Ironbark Heritage Study 2010 which together with the Design Guidelines for Miners’ Cottages July 2011 was included in the Greater Bendigo Planning Scheme as a reference document. A Heritage Overlay Schedule 841 (HO11) - Bannerman Street Precinct and Schedule 999 (HO999) Miners’ Cottages- Bendigo was also placed on the land and included in the Planning Scheme. Clause 22.06 Heritage Policy sets out objectives which include the need to ensure that Greater Bendigo’s heritage assets are maintained and protected and to ensure developments are sympathetic with the appearance and character and maintain the significance of heritage places. The policy also includes broader heritage design guidelines. The City's Heritage Advisor has undertaken a detailed assessment of the application which is included as an attachment to this report. The key points of the assessment are summarised under the headings below: Subdivision A minimum setback of 6m from the rear of the dwelling to the boundary is recommended in the Heritage Guidelines to ensure appropriate setting, views and context are maintained. The proposal provides a 3m setback.


PAGE 76

The rear setback is minimal but the heritage advisor is of the view that it is unlikely to diminish the heritage value of the cottage. The proposed subdivision limits the size of the buildings so that they are a reasonable scale in the context of the site and street. Demolition The rear of the building proposed to be demolished is of limited heritage value except for the profile. The loss of the double gable profile is offset by full restoration of the front section and connection of the old building to a residence that will provide a modern level of amenity and allow the miners' cottage to continue as a home for many years to come. The front verandah may or may not be original and there is no evidence to suggest either way. The infill walls and verandah extension are likely to date from the 1950s. Verandahs are not a critical element of the typology and the modifications and its very poor condition argues against its retention. A new, simple verandah roof form could be added across the frontage of the cottage. Extension to the Cottage The Heritage Advisor acknowledges that typically an addition to a heritage place would be located at the rear of the dwelling and that there will undoubtedly be an impact on views to the cottage. However the proposed narrow addition at the side of the heritage place is likely to ensure that the front garden is maintained as the focal point of both sections of the house and the principal view corridor to the cottage. This will retain an appreciation and understanding of the cottage. Due to the fall of the land, the overall height of the extension is acceptable as the upper level of the roof is just over 1m above the existing roofline. Car Parking and Driveway The parking location for the rear dwellings is acceptable due to the fall of the land and their siting at the rear of the site. Parking for the existing dwelling is provided in front of the extension. This is supported as it associates the new section of the house with cars and keeps them away from the original cottage. New Dwellings The new dwellings are sited to have minimal impact from the street as they will be only slightly higher than the gable walls of the cottage. They will be flat roofed and simple in design.

The Heritage Advisor summarises that the design is an innovative approach which maximises the use of a difficult site without diminishing the heritage value of the place or its visual contribution to the streetscape.


PAGE 77

Officers agree with the heritage advisor that the design is innovative and complementary to its historic context, noting that the development will enable the preservation, maintenance and restoration of a heritage place which is one of the objectives of the City’s heritage policy. The development, including new landscaping, should enhance its current street presentation. With appropriate conditions, the proposal has therefore been assessed as being sympathetic to the values of the heritage place and generally complies with the objectives of clause 22.06. Neighbourhood Character considerations Neighbourhood character is referenced as an important consideration throughout the Planning Scheme including Clauses 15.01 Urban Environment, 22.11 Central Bendigo (Precinct 2) Residential Character Policy, 32.08 General Residential Zone and 43.01 Neighbourhood Character Overlay (NCO). The NCO seeks to ensure that development respects neighbourhood character and to prevent, where necessary, the removal of buildings before the neighbourhood character features of the site and the new development have been evaluated. Schedule 1 to the NCO relates to Bendigo Early Settlement Residential Character and has an objective of encouraging the retention of existing pre-World War I and inter-war dwellings. The decision guidelines to the Schedule include the extent to which the exterior of any pre-World War I or inter-war era building is intact or repairable. Schedule 1 also seeks to ensure that new buildings and works meet the objectives and design guidelines of the residential character policy. The policy at Clause 22.11 has the principal objectives of ensuring that development is responsive to the desired future character of the area in which it is located and to retain and enhance the identified elements that contribute to its character. Although the consideration of heritage and character differ, in many regards the design issues discussed in the heritage section above are also relevant to neighbourhood character. An assessment against the policies objectives and design responses is provided below.

Objectives Recommended Design Response

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

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

Comment: The existing dwelling on the site will be restored and extended. The treatment of the existing dwelling is an innovative design response which is supported by the Heritage Advisor (as outlined above).


PAGE 78


To encourage the consideration of the landscape setting of the dwelling.

Prepare a landscape plan to accompany all applications for new dwellings. Retain large, established trees and provide for the planting of new trees wherever possible.

Comment: Whilst a number of small to medium sized trees are proposed to be removed, the trees are not significant and their removal is warranted. A landscape plan has been provided which shows that an attractive garden setting will be provided at the site frontage and that screen planting will be provided along the driveway and in the rear yards of dwellings 2 and 3. It is however noted that minimal canopy tree planting is proposed and that minimal landscaping is provided at the north east of the site. Given the backyard interfaces to the north and east of the site, an amended landscape plan will be required which includes one canopy tree in the rear yard areas of dwellings 2 and 3. Furthermore a canopy tree should be provided at the end of the driveway with the water tank relocated elsewhere.

To minimise site disturbance and impact of the building on the landscape.

Buildings should be designed to follow the contours of the site or step down the site.

Comment: The rear dwellings are sited at the low point on the land which reduces their profile within the landscape.

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

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

Comment: Whilst the proposed front setback sits forward of the setback of the adjoining dwelling to the north-west, the front setback of the (as extended) existing dwelling will integrate well within the streetscape as the narrow form of the dwelling allows views towards the landscaped front garden and retained section of the existing dwelling to be achieved.

The additions to the existing dwelling are built to the north boundary with significant setbacks to the south boundary, creating an open presentation to the streetscape.

To maintain the rhythm of dwelling spacing.

Buildings should be off-set from at least one side boundary.

Comment: The development does include an extension built to one boundary. However, this will not adversely affect the rhythm of dwelling as there will still be separation of 2m to the adjoining dwelling.

To minimise the dominance of car storage facilities

Locate garages and carports behind the line of the dwelling. Use rear access where available.

Comment: The open car spaces for the existing dwelling are sited forward of the dwelling but do not dominate the façade given their open nature. The siting of these


PAGE 79


car spaces in this location is considered to be a good design response as it frees up substantial space for a landscaped front garden area at the south west of the dwelling. Car parking for the new dwellings will be located to the rear.

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

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

Comment: Refer to heritage assessment.

To ensure that buildings and extensions do not dominate the streetscape. Respect the predominant building height in the street and nearby properties.

Where there is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height.

Comment: As discussed in the heritage assessment, the extension would only be 1m higher than the existing cottage and the two new dwellings will be sited in the lower part of the block.

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

In streetscapes where weatherboard predominates, use timber or other non-masonry cladding materials where possible, and render, bag or paint brick surfaces.

Comment: The materials for the extension would be white face brick which will complement the house rather than competing with the existing red brick. The main material for the new dwellings would be render.

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

Provide open style front fencing. Front fences should not exceed 1.2 metres other than in exceptional cases.

Comment: Low front fencing is proposed at the frontage to the site and at the south west of the existing dwelling. This fencing will integrate well with the streetscape and create a visual separation between the retained heritage values at the front of the site and the new contemporary forms at the rear.

As with the Heritage Design Guideline the character policy guidelines are not mandatory controls and there will be few developments that fully comply with them all. In this instance even though some of the guidelines are not met, the proposal is considered to respond appropriately to the character policy and provisions of Schedule 1 to the Neighbourhood Character Overlay.


PAGE 80

Residential Amenity and other ResCode Matters The purpose of Clause 55 Two or more dwellings on a lot and residential buildings includes the need to achieve residential development that respects neighbourhood character and provides reasonable standards of amenity for existing and new residents. The principal purpose of Clause 56 Residential subdivision is to create liveable and sustainable neighbourhoods and urban places with character and identity. It is a requirement of clauses 55 and 56 that a development/subdivision must meet all of the objectives of the clauses and should also meet all of the standards. All ResCode objectives have been assessed as being met. The objectives relevant to the issues raised by objectors and not already considered above are assessed below: B4 Infrastructure objectives The objective is to ensure development is provided with appropriate utility services and infrastructure which does not unreasonably overload the capacity. Residents have expressed concerns regarding the capacity of the existing drainage and this matter has been brought to the attention of the City. The City’s Drainage Engineer has assessed the proposal as being acceptable, subject to appropriate conditions. B21 Overshadowing The objective is to ensure buildings do not significantly overshadow existing buildings. The standard requires that at least 40% of private open space receives a minimum of 5 hours of sunshine measured between 9am and 3pm on 22 September. The applicant has provided overshadowing plans which show that the proposal would comply with the standard. B22 Overlooking The objective is to limit views into existing secluded private open space and habitable room windows. The development has been generally been designed to meet the overlooking standard. Some screening mechanisms will be required to avoid overlooking to the rear garden of 12 Hill Street, to ensure full compliance with the standard. This could be achieved by modifications to the existing fencing and/or obscure/high level windows to three bedroom windows.

Mine shaft and contaminated soil

The objectors have concerns over the impact on the wellbeing of neighbouring residents from the presence of a mine shaft and the contaminated soil.

These are common and legitimate concerns that are often raised in development applications in Bendigo given its mining history.


PAGE 81

Clause 13.03-1 Use of contaminated and potentially contaminated land has the objective to ensure that potentially contaminated land is suitable for its intended future use and development so that the land is used safely. The clause has a strategy which requires that applicants provide adequate information on the potential contamination. In this instance the applicant provided a preliminary soil assessment which included the following findings:

Elevated arsenic concentrations across the site

A soil sample containing elevated lead concentrations

A capped mine shaft was present on the land. The assessment also recommends the development of a Soil Management Plan. The plan would characterize the risk associated with arsenic contamination and management and clean-up of the lead concentration. This would be a requirement if a permit is granted. The stability of the ground in relation to the mine shaft is a matter that is dealt with as part of the building permit process.

Conclusion

Local residents objecting to this proposal are clearly passionate in their support for the preservation of heritage, including miners' cottages in the neighbourhood. They made clear in the consultation meeting that they are not opposed to development and they recognise the quality of the proposed design. However, ultimately they believe that the scale of the development is excessive and will be harmful to the significance of the heritage place and neighbourhood character. It is acknowledged that this proposal does not fully comply with heritage design guidelines and the extension to the miners' cottage is borderline in terms of its acceptability. However officers are of the view that the benefits identified in this report, including the long term preservation of the miners' cottage, outweigh the concerns that the neighbours have raised. As with most planning applications it is necessary to consider a range of policies in order to balance often competing objectives in an attempt to reach a decision which will have a net community benefit. Such an approach is fundamental in the Victorian planning system as documented in clause 10.04 Integrated decision making. In this case the positive elements of the development outlined will result in a net community benefit and the development should therefore be supported.

Options


Attachments

Objections

Heritage Advisor Report


PAGE 82

Proposed Notice of Decision Conditions

1. AMENDED PLANS

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 two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Detailed drawings at a scale of 1:20 of the heritage conservation works. (b) Replacement of existing roof sheeting with galvanised custom-orb. (c) Details of proposed fencing. (d) A screening mechanism to protect overlooking to 12 Hill Street from the

bedrooms in the new dwellings. The preferred solution is a fence extension.

(e) Landscaping plan in accordance with condition 3. (f) Soil Management Plan in accordance with condition 6. (g) Schedule of materials and colours in accordance with condition 7.

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. LANDSCAPING PLAN Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) A survey of all existing vegetation to be retained and/or removed. (b) Details of surface finishes of pathways and driveways. The driveways

must be of materials that provide articulation and texture. (c) Planting schedule of all proposed trees, shrubs and ground covers,

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

(d) One canopy trees in each rear garden of the new dwellings. (e) A canopy tree at the end of the driveway in place of the water tank which

must be located elsewhere on the site. (f) Water tanks for the purposes of maintaining the landscaping.

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

5. LANDSCAPING MAINTENANCE The landscaping shown on the endorsed plans must be maintained to the


PAGE 83

satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced The fence must be constructed in accordance with the approved design prior to the certification of the plan of subdivision.

6. SOIL MANAGEMENT PLAN Prior to commencement of development, a Soil Management Plan must be submitted to and approved by the responsible authority. The Plan must respond to and address the recommendations of the Environmental Due Diligence Assessment prepared by Edwards Environmental, July 2017 that was submitted with the permit application.

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

8. PUBLIC OPEN SPACE CONTRIBUTION Before the statement of compliance is issued the applicant or owner must pay to the responsible authority a sum equivalent to 3.5% of the site value of all the land in the subdivision.

9. DETAILED DRAINAGE Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater run-off. (b) A point of discharge.

10. CONSTRUCTION OF WORKS

Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Underground drainage. (b) Stormwater detention

-allowable discharge Q10% = 7.5 l/s (c) Underground conduits for water, gas, electricity and telephone.

11. STORMWATER DETENTION-SECTION 173 AGREEMENT Prior to the issue of statement of compliance, the applicant/owner must enter into an Agreement under section 173 of the Planning and Environment Act 1987. Such Agreement must covenant that: (a) The owner will maintain each system and not modify without prior written

approval from the responsible authority. (b) The owner shall allow duly authorised officers of the responsible authority to

inspect the system at mutually agreed times. (c) The owner will pay for all costs associated with the construction and

maintenance of the system.


PAGE 84

12. PUBLIC ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb and channel, footpath seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified within the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure as a result of the development permitted by this permit.

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

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

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

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

14. ACCESS AND DRIVEWAY CONSTRUCTION Before the occupation of any part of the development, the relevant vehicular access, driveways and area(s) set aside for the parking of vehicles as shown on the endorsed plans must be constructed in accordance with the Infrastructure Design Manual to the satisfaction of the responsible authority and meet the following requirements and standards: (a) Properly formed to such levels that they can be used in accordance with

the plans (b) A minimum of 3m in width; (c) Surfaced with an all-weather-seal coat; (d) Drained; (e) Vehicle crossings must be at 90 degrees to the road. The car parking and access areas must comply with the requirements of clause 52.06 of the Greater Bendigo Planning Scheme and meet all other applicable Australian and New Zealand Standards unless otherwise agreed in writing with the responsible authority. A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Engineering & Public Space Unit prior to any work commencing in the road reserve.


PAGE 85

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

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

17. PROVISION OF SERVICES The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authorities’ requirements and relevant legislation at the time.

18. TELECOMMUNICATIONS The owner of the land must enter into an agreement with: A telecommunications network or service provider for the provision of

telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

19. EXPIRY OF THE PERMIT – SUBDIVISION AND DWELLINGS

This permit will expire if: (a) The plan of subdivision is not certified within two years from the date of this

permit; or (b) The subdivision is not completed within five years from the date of

certification of the plan of subdivision; or (c) Construction of the development is not completed within 7 years from the

date of this permit.


PAGE 86

The responsible authority may extend the time for certification of the plan, or for the completion of the dwellings, if a request is made in writing before the permit expires or thereafter, within the period allowed by section 69 of the Planning and Environment Act 1987.


PAGE 87

2.5 151-155 HIGH STREET, KANGAROO FLAT 3555 - DISPLAY OF AN ELECTRONIC MAJOR PROMOTION SIGN



Summary/Purpose

Application details: Display of an electronic major promotion sign

Application No: DA/713/2017

Applicant: Total Outdoor Media Pty Ltd

Land: 151-155 High Street, KANGAROO FLAT 3555

Zoning: Road Zone 1 Commercial 1 Zone

Overlays: Adjoins Heritage Overlay 511



No

Key considerations: Whether the proposed electronic major promotion sign is complementary with the character of the area.

Whether there will be an impact on the heritage values of the adjoining site.

Conclusion: The applicant has appealed to the Victorian and Civil Administrative Tribunal (VCAT) against the City’s failure to determine the application within the statutory timeframe. This report recommends Council establish the position of not supporting the proposal at the VCAT hearing scheduled for 1 November 2018. The proposal fails to comply with the relevant clauses of the Planning Scheme and would have an adverse impact on the character of the area and the heritage values of the adjoining property.


PAGE 88

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to establish the position of refusal to grant a planning permit for the display of an electronic major promotion sign at 151-155 High Street, KANGAROO FLAT 3555 subject to the following grounds:

1. The proposal will have a detrimental impact on the character of the area contrary to clauses 15.01, 22.08, 22.29 and 52.05 of the City of Greater Bendigo Planning Scheme.

2. The proposal will affect the significance of the adjoining heritage place contrary to clauses 15.03-1, 22.06, 22.08, 22.29 and 52.05 of the City of Greater Bendigo Planning Scheme.

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

CARRIED

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

Policy Context






Report


The subject land is situated on the north east corner of High Street and Camp Street in Kangaroo Flat and is rectangular in shape with a frontage of 20.25m to High Street, a frontage of 33.83m to Camp Street and an overall area of 685 square metres. The site contains a centrally located single-storey tyre shop/automobile servicing business (formerly a petrol station). The building has a flat roof and a canopy which overhangs the south west of the site. Car parking is provided at the east and north-west of the site.


PAGE 89

Figure 1: Location map showing subject site. Objector’s property marked with a star. To the east of the site, 5 Camp Street is a single storey building which is used as a financial planning business. The adjoining land to the north, at No. 149 High Street, comprises a single storey shop which is affected by an individual heritage overlay. The building has a zero setback to High Street and the subject site. The southern elevation comprises a major promotional sign which advertises a nearby fast food restaurant. Opposite the subject site to the south is a place of worship and diagonally opposite the subject site to the south west is a discount supermarket and associated car park. The surrounding streetscape is commercial. Apart from the two storey building to the west (on the north-west corner of High Street and Lockwood Road), all surrounding buildings are single storey. High Street is a VicRoads declared arterial road. It comprises a dual carriageway and there is a footpath and parallel parking on both sides of the street. Advertising signage themes along High Street include typical above verandah signage which is affixed to shop frontages and internally illuminated pylon signs associated with the nearby service stations, supermarkets and fast food restaurants. Proposal

It is proposed to erect and display a single sided, internally illuminated electronic major promotion sign. The sign would be directed to the south, towards northbound motorists on High Street. The sign would be fixed to a monopole and has a length of 9m, a width of 3m and an overall area of 32.4 square metres. It would have an overall height of 10m with 6.4m to the underside. The sign would be angled at 8 degrees to the western perpendicular with the base setback 7.9m from High Street.


PAGE 90

An electronic sign is defined in the Planning Scheme as:

"A sign that can be updated electronically. It includes screens broadcasting still or moving images."

A major promotion sign is defined in the Planning Scheme as:

"A sign which is 18 square metres or greater that promotes goods, services, an event or any other matter, whether or not provided, undertaken or sold or for hire on the land or in the building on which the sign is sited."

It should be noted that the City has no control over the content of major promotional signs. The application plans also show an artificial vertical garden wall which would be an independent structure located next to the flank wall of 149 High Street. The purpose of this structure would be to cover existing signage. However this structure would need a planning permit and this has not been applied for.

Figure 2: Site plan showing location of the proposed sign


PAGE 91

Figure 3: Elevation and axonometric view of the proposed sign

Figure 4: 3D perspective of the proposed sign



Clause 11.01-1R – Settlement - Loddon Mallee South

Clause 15.01 Urban Environment

Clause 15.03 Heritage Conservation

Clause 17 Economic Development


PAGE 92



Clause 21.10 Reference Documents


Clause 22.08 Highway Entrances and Boulevards Policy



Clause 43.01 Heritage Overlay

Clause 52.05 Advertising Signage

Clause 52.29 Land adjacent to a Road Zone, Category 1

Clause 65 Decision Guidelines Further details of the most relevant provisions are documented below. Why is a permit required? The need for a planning permit is triggered by Clause 52.05 (Advertising Signage) for the display of an electronic major promotion sign.


Referrals The following authority and internal department have been consulted on the proposal:

Referral Comment

Vic Roads No objection subject to conditions

Heritage Advisor Proposal not supported

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, one objection was received, with the grounds of objection being:

The sign is too large and does not fit within the streetscape

The sign will cause accidents

The sign will impact on fuel tanks

No works are permitted within 3m of the adjacent heritage building to the north

The sign will adversely affect an adjacent bedroom window

The sign will cover a sign on the southern elevation of the objector's property


PAGE 93

The objector’s concerns are considered in the assessment below. Relevant provisions and policies

Clause 15 – Built Environment and Heritage states: Planning should achieve high quality urban design and architecture that:

Contributes positively to local urban character and sense of place.

Reflects the particular characteristics, aspirations and cultural identity of the community.

Enhances liveability, diversity, amenity and safety of the public realm.

Promotes attractiveness of towns and cities within broader strategic contexts.

Minimises detrimental impact on neighbouring properties. Clause 15.03-1 Heritage conservation - the objective of this policy is to conserve places of heritage significance. Strategies include the need to ensure the maintenance or enhancement of an appropriate setting and context for heritage.

Clauses 17 and 21 both encourage development to facilitate a strong economy.

Clause 22.06 Heritage Policy contains the following objective applicable to the proposal:

To ensure that new development is sympathetic with the appearance and character and maintains the significance of heritage places, including surrounding precincts. Clause 22.08 Highway Entrances and Boulevards Policy contains the following objectives relevant to the proposal:

To ensure that the use and development of land does not lessen the service, safety, role and amenity of main roads.

To encourage an appropriate scale, intensity, design, appearance and presentation of land uses and developments along highways and main roads.

Relevant policy considerations are: Applications for new uses and developments which detract from the appearance and amenity of the area….will not be supported. Proposals at highway entrances and along the boulevards recognise, support and enhance:

The preservation and aesthetic presentation of Bendigo’s natural environment, built heritage and historical areas

The overall appearance of public and private land including commercial development sites

The promotion of Bendigo as a tourist destination

The role of highway entrances and boulevards in establishing the character and image of the municipality.

Prior to approval it must be demonstrated that the proposal will:

Be generally in accordance with the findings and recommendations of the Bendigo Highway Entrances and Boulevards Study


PAGE 94

Enhance the overall presentation and appearance of the relevant highway entrance or boulevard, particularly through the siting, design, bulk, appearance, materials and colour of any proposed building or works

Clause 22.29 Advertising and Signage Policy has the following relevant objectives:

To provide for the needs of business to advertise.

To encourage the placement, style and scale of advertising that complements the character, area and individual place.

To encourage the rationalisation of advertising to reduce the cumulative amenity impacts in the public realm.

To maintain and enhance the appearance of streetscapes and heritage areas by encouraging well designed and located signage and advertising.

It is also policy to:

Encourage rationalisation of the number of signs and forms of advertising on a site, including permanent, removable and temporary forms of advertising.

Encourage advertising that complements the architectural style, built form character of the place.

Encourage advertising including corporate colouring to: Complement character, be in proportion to the building and to avoid bright or

fluorescent block colouring Respect sensitive areas and the heritage significance of buildings;

Encourage signage that is located to: Maintain views and vistas along streetscapes Minimise visual distraction and saturation of advertising in public areas Retain architectural elements and features Minimise disturbance and impact on places of heritage significance Complement the building and surrounds through appropriate colours, lettering

and styles.

Discourage the following types of signage and advertising: Major promotion signage…… Advertising which is not related to activities conducted on the site….. Electronic, variable (mobile) message signs for purposes other than traffic

management.

Decision guidelines in the policy are:

Whether the advertising meets the objectives of this policy.

Whether the proposed advertising for the site is proportional to the frontage of the site and building.

Whether there are multiple forms of advertising existing or proposed for the site and if there are opportunities to further rationalise signage.

Whether the proportion, placement and style of advertising contributes to the site and area.

Whether the scale, placement and style respects the character, built form and architectural qualities of the place.

Whether the advertising impedes on the active street frontage by obstructing views into and out of premises.


PAGE 95

Whether the advertising will detract from the architectural style and/or heritage significance of a building or precinct.

Clause 52.05 Advertising Signs has the purpose of ensuring that signs are compatible with the visual appearance of the area and do not adversely affect the safety, appearance or efficiency of a road. Clause 52.05-3 has general decision guidelines that council must consider, as appropriate. These include the impact on the character of the area and on views and vistas, the relationship of the sign to the streetscape, the site and building and the impact on road safety. In addition Clause 52.05-6 specifically relates to major promotion signs and has similar objectives in terms of character and traffic safety. Clause 52.05-6 also has decision guidelines as follows: The effect of the proposed major promotion sign on:

Significant streetscapes, buildings and skylines.

The visual appearance of a significant view corridor, viewline, gateway location or landmark site identified in a framework plan or local policy.

Residential areas and heritage places.

Open space and waterways. When determining the effect of a proposed major promotion sign, the following locational principles must be taken into account:

Major promotion signs are encouraged in commercial and industrial locations in a manner which complements or enhances the character of the area.

Major promotion signs are discouraged along forest and tourist roads, scenic routes or landscaped sections of freeways.

Major promotion signs are discouraged within open space reserves or corridors and around waterways.

Major promotion signs are discouraged where they will form a dominant visual element from residential areas, within a heritage place or where they will obstruct significant viewlines.

In areas with a strong built form character, major promotion signs are encouraged only where they are not a dominant element in the streetscape and except for transparent feature signs (such as neon signs), are discouraged from being erected on the roof of a building.

Planning Assessment Visual Impact As the land is Commercial 1 Zone, there is the discretion to grant a permit for a major promotion sign in this location. Furthermore as discussed above, in clause 52.05, major promotion signs are encouraged in commercial locations where they complement the character of the area. It is acknowledged therefore that major promotion signs are a legitimate form of signage.


PAGE 96

However, in order to meet the Planning Scheme requirements a sign must respond appropriately to its context and one of the key considerations is whether or not the sign would be complementary to the character of the area. The proposed sign would be 10m in height and the total coverage would be 32.4 square metres. In terms of other major promotion signage in the area, the only other example is a smaller sign affixed to the flank elevation of 96-98 High Street. This sign is lower with a height of 6.3m and coverage of 18.2 square metres. With the exception of the sign at 96-98 High Street, the signage theme in High Street Kangaroo Flat largely comprises business identification signage of an appropriate scale to the buildings on which the signs are displayed. There are very few signs that project above the parapet of the buildings. Approval of this sign would be a significant departure from this advertising theme in terms of its size and siting. The height of the proposed major promotion sign would be more than twice the height of the adjoining heritage building at 149 High Street. Further the existing streetscape character of this part of High Street has a very consistent built form and is almost entirely single storey. The height and size of the proposed major promotion sign and its protrusion above the roofline would mean that it would be very dominant in the streetscape and out of scale with its surrounding context. This together with its illumination would have an adverse visual impact on the character of the area. Furthermore, the sign would be located at a prominent gateway location, noting that High Street Kangaroo Flat is an entry point to Bendigo for vehicles travelling from Melbourne. It is considered that the sign will detract from the attractiveness of Bendigo as a city, within the broader strategic context. This is contrary to the objectives of Highways, Entrances and Boulevards Policy. It is acknowledged that there is a tension between the City’s Advertising and Signage Policy which discourages major promotion signage and clause 52.05 which explicitly encourages them in commercial locations. However, in encouraging major promotion signs, Planning Scheme provisions place an emphasis on the protection of the existing streetscape. To be acceptable in a commercial location the sign must complement or enhance the character of the area. This proposal neither complements nor enhances the character of the area. Heritage Whilst the subject site is not affected by a Heritage Overlay, the adjoining properties to the north are affected by site specific heritage overlays which pertain to:

HO510 – 143 – 147 High Street, Kangaroo Flat – Former Victoria Store

HO511 – 149 High Street, Kangaroo Flat – Barber Shop


PAGE 97

The location of these overlays is shown on figure 5 below and a photograph of these properties is shown on figure 6 below.

Figure 5: Location of adjacent properties which are affected by site specific heritage overlays

Figure 6: Adjacent properties to the north which are affected by site specific heritage overlays

The citation for 149 High Street from the Bendigo and Eaglehawk Heritage Study 1993 identifies the barber’s shop as historically significant as a surviving 1880s commercial building of small scale and footprint.


PAGE 98

The City’s Heritage Advisor has undertaken an assessment of the heritage impact of the sign on the heritage place and concluded that the sign is likely to have an adverse impact on the barber shop, detract attention from the architectural features of both the former Victoria Store and the barber shop, distort the scale of the shopping street and diminish the historic character of the Kangaroo Flat shops. Officers agree that the proposed signage is not sympathetic to the appearance of the surrounding heritage places and would detract from their significance. Traffic The application included a Traffic Engineering Assessment prepared by TraffixGroup. This assessment concluded that the sign would not present a road safety hazard for drivers. The application was referred to VicRoads for comments given its size and location on an arterial road. VicRoads has agreed that the proposal is acceptable from a traffic perspective. Although the objector has raised concerns that the sign will cause accidents, evidence from traffic experts suggests that there are no traffic engineering reasons why a permit should not be granted. Residential amenity The objector has concerns that the sign will adversely affect an adjacent bedroom window. The window in question is around 10m from the proposed sign and the view would be to the rear of the sign. There will be some visual impact from this window as result of the erection of the sign. However, given the commercial zoning of the property, this setback is considered appropriate, noting that lower amenity expectations are anticipated within commercial zones. Impact on existing signage on the southern elevation of the objector’s property The signage on the adjacent property to the north faces south across the subject site and presents to northbound traffic from the south. The structure shown on the plans would obscure this sign, however, approval has not been formally sought.

Moreover, notwithstanding that consideration must be given to the potential to impede views to existing signs under clause 52.05, there is no evidence to substantiate that this signage was lawfully erected. So there is little merit in this particular objection.

Conclusion

The proposed promotion sign is out of scale and incongruous with its surroundings and will consequently have a detrimental impact on the character and heritage values of the area.


PAGE 99

For these reasons, the proposal is deemed inappropriate and it is recommended Council establish the position of not supporting the proposal at the upcoming VCAT hearing.

Options

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

Attachments

Objection


PAGE 100

2.6 3188 MIDLAND HIGHWAY, GOORNONG 3557 - DISPLAY OF MAJOR PROMOTION SIGN



Summary/Purpose

Application details: Display of major promotion sign

Application No: DA/166/2018

Applicant: Total Outdoor Media Pty Ltd

Land: 3188 Midland Highway, GOORNONG 3557

Zoning: Industrial 3 Zone Road Zone 1

Overlays: None


Key considerations: Whether the proposed major promotion sign is complementary with the character of the area.

Conclusion: The applicant has appealed to the Victorian and Civil Administrative Tribunal (VCAT) against the City’s failure to determine the application within the statutory timeframe. This report recommends Council establish the position of not supporting the proposal at the VCAT hearing scheduled for 17 January 2019. The proposal fails to comply with the relevant clauses of the Planning Scheme and would have an adverse impact on the character of the area.


PAGE 101

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to establish the position of refusal to grant a planning permit for display of a major promotion sign at 3188 Midland Highway, GOORNONG 3557 for the following reason:

1. The proposal will have a detrimental impact on the character of the area contrary to clauses 15.01-6, 22.29 and 52.05 of the City of Greater Bendigo Planning Scheme.

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

CARRIED

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

Policy Context






Report


The subject site is an irregular shaped parcel of land 24.02 hectares which abuts two roads, Midland Highway and Axedale-Goornoong Road. The site has an area of 24.37 hectares, is zoned industrial, used for hay storage and containing a number of sheds.

The site is just over 1km from the Goornong township.

The surrounding site interfaces are:

North-Midland Highway which runs parallel with the Bendigo to Echuca Railway line. Beyond the railway line is a large agricultural holding in the Farming Zone.

South- A smaller industrial zoned lot including a dwelling and hayshed.

East- Axedale-Goornong Road, beyond which is another large agricultural holding in the Farming Zone.

West- An industrial zoned lot comprising a hay storage facility with a number of sheds.


PAGE 102

Figure 1: Location map showing subject site.

Figure 2: Zoning map showing subject site. Proposal

It is proposed to display a double-sided, non-illuminated major promotion sign supported by 4 steel columns The sign, including a cladded skirting, would be 12.66m in length, a width of 4m and an overall area of 50.64 square metres on each side. It would have an overall height of 7m with 3m to the underside.


PAGE 103

The sign would be sited on the front boundary a distance of 180m from the eastern boundary.

Figure 3: Plans. Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework

Clause 11 Settlement


Clause 15.01-6S Design for rural areas

Clause 17 Economic Development



Clause 21.10 Reference Documents

Clause 22.05-3 Goornong Industrial Precinct


Clause 33.01 Industrial 3 Zone

Clause 52.05 Advertising Signage


PAGE 104

Clause 52.29 Land adjacent to a Road Zone, Category 1

Clause 65 Decision Guidelines Further details of the most relevant provisions are documented below. Why is a permit required? The need for a planning permit is triggered by Clause 52.05 (Advertising Signage) for the display of an electronic major promotion sign.


Referrals VicRoads were consulted on the proposal and has no objection subject to conditions. Public Notification The application was advertised by way of notice on the site and letters to 5 adjoining and nearby owners and occupiers. No objections to the proposal were received.

Planning Assessment

Relevant provisions and policies

Clause 11 Settlement states that “planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure.” Planning is to recognise the need for, and as far as practicable contribute towards, amongst other things, a high standard of urban design and amenity. Clause 11.01-1R Settlement - Loddon Mallee South contains strategies which seek to, amongst other things:

Support Bendigo as the regional city and the major population and economic growth hub for the region, offering a range of employment and services.

Facilitate increased commercial and residential densities, mixed use development and revitalisation projects for underutilised sites and land in Bendigo.

Maintain non-urban breaks between settlements.

Clause 15.01-6S Design for rural areas seeks to ensure development respects valued areas of rural character. Strategies to achieve this objective include:

Ensuring that the siting, scale and appearance of development protects and enhances rural character.

Protecting the visual amenity of valued rural landscapes and character areas along township approaches and sensitive tourist routes by ensuring new development is sympathetically located.

Site and design development to minimise visual impacts on surrounding natural scenery and landscape features including ridgelines, hill tops, waterways, lakes and wetlands.


PAGE 105

Clauses 17 and 21.07 Economic Development both encourage development to facilitate a strong economy.

Clause 22.29 Advertising and Signage Policy has the following relevant objectives:

To provide for the needs of business to advertise.

To encourage the placement, style and scale of advertising that complements the character, area and individual place.

To encourage the rationalisation of advertising to reduce the cumulative amenity impacts in the public realm.

It is also policy to:

Encourage rationalisation of the number of signs and forms of advertising on a site, including permanent, removable and temporary forms of advertising.

Encourage advertising that complements the architectural style, built form character of the place.

Encourage advertising including corporate colouring to: Complement character, be in proportion to the building and to avoid bright or

fluorescent block colouring Respect sensitive areas and the heritage significance of buildings;

Encourage signage that is located to: Maintain views and vistas along streetscapes Minimise visual distraction and saturation of advertising in public areas Retain architectural elements and features Minimise disturbance and impact on places of heritage significance Complement the building and surrounds through appropriate colours, lettering

and styles.

Discourage the following types of signage and advertising: Major promotion signage…… Advertising which is not related to activities conducted on the site….. Electronic, variable (mobile) message signs for purposes other than traffic

management.

Decision guidelines in the policy are:

Whether the advertising meets the objectives of this policy.

Whether the proposed advertising for the site is proportional to the frontage of the site and building.

Whether there are multiple forms of advertising existing or proposed for the site and if there are opportunities to further rationalise signage.

Whether the proportion, placement and style of advertising contributes to the site and area.

Whether the scale, placement and style respects the character, built form and architectural qualities of the place.

Whether the advertising impedes on the active street frontage by obstructing views into and out of premises.

Whether the advertising will detract from the architectural style and/or heritage significance of a building or precinct.


PAGE 106

Clause 52.05 Advertising Signs has the following purposes:

To regulate the display of signs and associated structures.

To provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character.

To ensure signs do not contribute to excessive visual clutter or visual disorder.

To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

Clause 52.05-3 sets down general decision guidelines that Council must consider, as appropriate, including impact on the character of the area, the impact of illumination and the impact on road safety. In addition Clause 52.05-6 specifically relates to major promotion signs and has similar objectives in terms of visual amenity and traffic safety. Clause 52.05-6 also has decision guidelines as follows: The effect of the proposed major promotion sign on:

Significant streetscapes, buildings and skylines.

The visual appearance of a significant view corridor, viewline, gateway location or landmark site identified in a framework plan or local policy.

Residential areas and heritage places.

Open space and waterways. When determining the effect of a proposed major promotion sign, the following locational principles must be taken into account:

Major promotion signs are encouraged in commercial and industrial locations in a manner which complements or enhances the character of the area.

Major promotion signs are discouraged along forest and tourist roads, scenic routes or landscaped sections of freeways.

Major promotion signs are discouraged within open space reserves or corridors and around waterways.

Major promotion signs are discouraged where they will form a dominant visual element from residential areas, within a heritage place or where they will obstruct significant viewlines.

In areas with a strong built form character, major promotion signs are encouraged only where they are not a dominant element in the streetscape and except for transparent feature signs (such as neon signs), are discouraged from being erected on the roof of a building.

Planning Assessment Visual impact As the land is zoned Industrial 3, there is the discretion to grant a permit for a major promotion sign in this location. Furthermore as discussed above, in clause 52.05, major promotion signs are encouraged in commercial locations where they complement the character of the area. It is acknowledged therefore that major promotion signs are a legitimate form of signage.


PAGE 107

However, in order to meet the Planning Scheme requirements a sign must respond appropriately to its context and one of the key considerations is whether or not the sign would be complementary to the character of the area. Major promotion signs are most commonly located in robust urban environments. Although this site is zoned industrial, its surrounding context is rural rather than urban. Indeed the City’s industrial policy identifies Goornong as the preferred location for rural based industries which are conducive to its rural setting. It stands to reason therefore, that any signage proposal should also be respectful of this rural setting. The sign would be located in a prominent position on the site's frontage. Whilst prominence itself is not a concern; indeed one would expect such signage to be prominent to serve its purpose, of more concern is the sign’s poor relationship to its surroundings. The nearest building on the site is around 90m from the front boundary. This building and the others on site are low scale agricultural sheds, including two open hay sheds. Due to their agricultural appearance they present as a built form which is characteristic in a rural area and they sit well below the tree canopy in the background when approached from the north on Midland Highway. The proposed sign would be more commercial in appearance than the hay sheds and be a visual intrusion into the rural landscape. It would appear incongruous and have an adverse impact on the natural environment. The proposal would therefore be contrary to the requirements of clause 22.29 and 52.05 as the placement and scale of the sign would not complement the character of the area. It is noted that there are some large industrial sheds on the site to the immediate north of 3188 Midland Highway, some of which are relatively close to the road. However, the impact of these buildings has been mitigated through dense landscaping to the site frontage. This landscaping was required as part of the planning approval process. Similar landscaping to mitigate the impact of the sign would not be possible as it would clearly be counter-intuitive to the purpose of promotional signage. It is acknowledged that there is a tension between the City’s Advertising and Signage Policy which discourages major promotion signage and clause 52.05 which explicitly encourages them in commercial locations. However, in encouraging major promotion signs, Planning Scheme provisions place an emphasis on the protection of the existing environment which this proposal fails to do. Traffic The application was referred to VicRoads for comment given its size and location on arterial road. VicRoads has determined that the proposal is acceptable from a traffic perspective. In light of the assessment by VicRoads there are no traffic engineering reasons why a permit should not be granted.


PAGE 108

Conclusion

The proposed major promotion sign is of an inappropriate scale and sited in a location not suited for the type of signage. It will consequently have a detrimental impact on the character of the area. For these reasons, the proposal is deemed inappropriate and it is recommended Council establish the position of not supporting the proposal at the upcoming VCAT hearing.

Options


Wellbeing and Fairness - Reports Ordinary Meeting - 15 August 2018

PAGE 109

3. WELLBEING AND FAIRNESS

3.1 MUNICIPAL EMERGENCY FLOOD PLAN 2018


Author Frances Ford Coordinator Resilient Communities Ann-Marie Roberts Resilient Communities Officer Responsible Vicky Mason, Director Health and Wellbeing Director

Purpose

To consider the recommendation of the Integrated Municipal Emergency Management Planning Committee (IMEMPC) that the City of Greater Bendigo Flood Emergency Plan be endorsed by Council.

Summary

The City of Greater Bendigo Flood Emergency Plan has been developed by the City of Greater Bendigo Municipal Flood Planning Committee, with VicSES as lead agency. The Integrated Municipal Emergency Management Planning Committee (IMEMPC) passed a motion at the May 2018 meeting, that ‘The Committee adopt, subject to sign off by the VicSES Regional Manager, the Flood Emergency Plan for City of Greater Bendigo, and recommend the Plan to Council for consideration’.

RECOMMENDATION

That Council endorse the City of Greater Bendigo Flood Emergency Plan as a sub-plan to the City of Greater Bendigo Integrated Municipal Emergency Management Plan. RESOLUTION Moved Cr Flack, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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


PAGE 110

Policy Context

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

Goal # 2 Wellbeing and Fairness

Objective #2.5 Create safe and resilient communities

2.5.2 Strengthen community resilience: ‘undertake emergency management planning that builds community resilience, especially with increasing risk of bushfire flood and heat events’

Strategy Reference (include web link as applicable): Greater Bendigo Health and Wellbeing Plan 2017-2021 includes a ‘safe and secure’ priority area, and a commitment to lead community based emergency management planning.


The City of Greater Bendigo Municipal Flood Emergency Plan (MFEP) has been prepared by the City of Greater Bendigo Flood Planning Committee (MFPC), as a sub-plan to the City of Greater Bendigo Integrated Municipal Emergency Management Plan (IMEMP), and is consistent with the Emergency Management Manual Victoria (EMMV) and the Victorian Flood Management Strategy 2016. It takes into account the outcomes of the Community Emergency Risk Management (CERM)/Community Risk Assessment (CERA) processes undertaken by the Municipal Emergency Management Planning Committee. The Municipal Flood Emergency Plan is also consistent with the North West Regional Flood Emergency Plan and the State Flood Emergency Plan. The Municipal Flood Emergency Planning Committee includes representatives from a wide range of community stakeholders including; Coliban Water, North Central Catchment Management Authority (NCCMA), Department of Health and Human Services (DHHS), Victoria Police, City of Greater Bendigo and Victorian State Emergency Services (VicSES) as the lead agency. The Plan has been in draft for a considerable amount of time due to the lack of capacity of VicSES to lead and finalise the document. City of Greater Bendigo has worked closely with VicSES and the committee to ensure the document was finalised in time for adoption at the May 2018 Integrated Municipal Emergency Management Planning Committee (IMEMPC).


PAGE 111

Previous Council Decision(s) Date(s): Not applicable Priority/Importance: It is important that the IMEMP be linked to relevant sub-plans such as the Flood Emergency Plan so that roles and responsibilities of the various stakeholders are clear and that there are clear arrangements in place in City of Greater Bendigo in preparing for, responding to and recovering from emergencies such as flood that may impact on the municipality. Timelines: It is recommended that Council endorse the Municipal Flood Emergency Plan as a sub-plan to the Integrated MEMP: City of Greater Bendigo, to take effect immediately 15 August 2018. This will be reported to the next meeting of the Integrated MEMPC. Risk Analysis: Flood has been highlighted as a major risk within the City of Greater Bendigo, through the Community Emergency Risk Assessment (CERA) process, led by the VicSES. There are risks associated with not having a current flood emergency plan, especially if this leads to confusion about roles and responsibilities during a flood emergency. Endorsing the MFEP as requested by the IMEMP will address this risk.


Internal Consultation: Extensive internal consultation was undertaken during the development of the Municipal Flood Emergency Plan, working across the organisation to ensure accuracy of data and clarity of roles and responsibility. External Consultation: The Municipal Flood Emergency Plan is a community plan and the makeup of the Municipal Flood Emergency Planning Committee (MFEPC) is reflective of this. The Plan is a working document and it is important for the Committee to have ownership and input into the plan and be proactive with updates and changes. Minor amendments will continue to be noted at upcoming MFEPC meetings. VicSES is the control agency for flood, storm, tsunami and earthquake in Victoria, managing responses to these emergencies and helping communities to prepare through planning and education. VicSES representatives chair the MFEPC and have lead responsibility for the plan, however work closely with the committee to ensure information is accurate and relevant to individual municipalities. Regular updates and reviews have been provided to the MFEPC and tasks assigned to agencies for follow up and completion. The final document has been submitted and adopted by the IMEMPC as a sub-plan to the IMEMP.


PAGE 112


There are no direct resource implications for the City - the plan has been developed and will be maintained with existing staff resources from VicSES, the City and other partners.

Attachments

1. Municipal Flood Emergency Plan (MFEP)


PAGE 113

3.2 HARD COURT FACILITIES STRATEGY 2018-2028


Author Matthew Kerlin, Coordinator Strategy and Policy Responsible Vicky Mason, Director Health and Wellbeing Director

Purpose

To present the Hard Court Facilities Strategy (the Strategy) to Council seeking endorsement following a period of public exhibition and further community engagement.

Summary

The intent of the Hard Court Facilities Strategy is to provide the City and our key stakeholders with a strategic assessment and clear direction for the future planning, funding and development of outdoor netball and tennis facilities in the City of Greater Bendigo. The Strategy delivers a planning and development framework with a clear vision and direction for the future provision and enhancement of outdoor netball and tennis facilities. A clear set of criteria for how future projects will be assessed and prioritised has also been developed as part of the Strategy. Four strategic priorities form the basis of the draft Strategy’s recommendations, with a number of key focus areas sitting under each:

1. Increase access and use of facilities and enable more social and casual use.

2. Support clubs and associations through the ongoing renewal and upgrade of

existing facilities.

3. Ensure facilities respond to current and future demand for netball and tennis.

4. Improve the health, capacity and sustainability of clubs and associations through

stronger partnerships.

Following a period of public exhibition and further community engagement there have been changes to the Strategy and officers are now presenting the updated Strategy to Council for consideration for endorsement.


PAGE 114

RECOMMENDATION

That Council resolve to endorse the Hard Court Facilities Strategy 2018-2028. RESOLUTION Moved Cr Metcalf, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

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

Policy Context


Goal 2 Wellbeing and Fairness

Objective 2.2 Promote positive wellbeing across the Greater Bendigo Community

Action 2.2.1 Prioritise efforts to promote physical and mental wellbeing – Develop the Hard Court Facilities Strategy

Greater Bendigo Health and Wellbeing Plan 2017-2021:

Domain 1 Healthy and well

The Greater Bendigo community has good physical and mental health supported by healthy lifestyles.

Promote healthy lifestyles – increase physical activity and decrease sedentary behaviour.


The City of Greater Bendigo did not have a detailed assessment of hard court facilities within the municipality. Asset audits related to surface condition and did not include elements such as supporting infrastructure required for use of courts (e.g. fences, nets, etc.).


PAGE 115

With approximately 221 outdoor netball and tennis courts within the municipality, each new, upgrade or renewal project was considered on a case by case basis with limited catchment and population analysis completed to determine the best provision for the community into the future and priority across the municipality. With changes to the way in which our community participates in sport and recreation, a planned approach to investment in these facilities was required to ensure the City was planning for population changes and the best use of public funds. The City boasts a number of national and regional scale facilities. The success of these facilities appear to have led to lower use of small community/neighbourhood based facilities with many seeking Council support to continue functioning. As part of the 2016/2017 budget Council allocated $30,000 to match funding of $30,000 received from Sport and Recreation Victoria to develop a Hard Court Facilities Strategy with the aim to provide a strategic assessment of all netball and tennis facilities and their user clubs, associations and leagues to determine their capacity to cater for current and future use. A Project Control Group (PCG) was established to provide strategic direction into the development of the draft Strategy, with Sport and Recreation Victoria, Tennis Victoria, Netball Victoria and the City represented. In May 2017 the City, in consultation with the PCG, appointed consultants Inside Edge to develop the Strategy. The development of the draft Strategy involved a number of tasks including (but not limited to):

Review of relevant reports, strategies and policies, peak body guidelines and frameworks;

Review of municipal and club participation rates and trends in netball and tennis as well as population and local demographics;

Analysis of existing netball and tennis registered player and participant data and preparation of catchment and facility maps;

Inspection and auditing of the 20 netball and 46 tennis venues in Greater Bendigo;

Workshops with Council staff, Tennis Victoria, Netball Victoria and local associations; and

Development and analysis of an online club and association survey responses. A review of background information including Netball Victoria’s Statewide Facilities Strategy, Tennis Australia’s 2020 Facility Development Framework, and the AFL’s Central Victoria Regional Strategy was undertaken to provide context and guidance for the future provision of facilities, as well as identifying key initiatives for developing participation (such as the NetSetGo, Hot Shots and Book a Court programs). Audits were undertaken across 20 netball venues and 46 tennis venues, with a total of 55 netball courts and 189 tennis courts audited (including 23 courts that are line marked for both netball and tennis usage). The audit process included:

Visual inspection of each venue, court, court enclosure and supporting amenities (where access was available);

Assessment of courts, looking at recommended run-off distances and court infrastructure compliance to current standards;


PAGE 116

Identification of the life-cycle of all court surfaces, enclosure fencing, lighting structures, line marking, clubrooms, spectator amenities, net posts and nets;

Notations on existing buildings and key site attributes, including drainage, vegetation and other items that may impact on the condition and performance of hard courts; and

Identification of maintenance, risk, safety and accessibility issues identified. Individual site summary reports were provided for each venue and included detailed court and venue analysis and supporting photographic evidence. Workshops were undertaken with key stakeholders with a focus on discussing issues around use, occupancy, participation trends, facility issues and development priorities. Further information around the engagement process and the issues and opportunities identified by the key stakeholders are detailed in the engagement section of this report and the draft Strategy. A Key Findings Report was prepared by Inside Edge following a review of Netball and Tennis strategic documents, facility audits and engagement with key stakeholders, with a range of issues and challenges identified, including:

A shortage of lit courts to support training and night competition;

A lack of skilled volunteers to deliver local competitions and manage and maintain facilities;

A preference for acrylic courts due to playability, multiuse and reduced maintenance (this is also supported by Sport and Recreation Victoria’s Country Football and Netball Funding Program);

Facilities lack adequate player and spectator amenities, especially for females;

There is an oversupply of courts in low population areas (Elmore/Rural North and Long Gully/West Bendigo/Ironbark) and an undersupply of courts in key growth areas (Maiden Gully, Kangaroo Flat and Strathfieldsaye);

Single and two court tennis facilities located in outer suburbs and townships are locked up, have limited use and are not being maintained;

There is a shortage of tennis coaches making it difficult for clubs and the sport to thrive; and

Not all clubs are affiliated with their state body which creates challenges around facility usage, insurance and club development support.

The PCG provided additional feedback on the Key Findings Report, which was used to inform and populate the draft Strategy. The following four strategic priorities form the basis of the draft Strategy, with a number of short, medium and long term recommendations sitting against each priority:

1. Increase access and use of facilities and enable more social and casual use.

2. Support clubs and associations through the ongoing renewal and upgrade of

existing facilities.

3. Ensure facilities respond to current and future demand for netball and tennis.

4. Improve the health, capacity and sustainability of clubs and associations through

stronger partnerships.


PAGE 117

Previous Council Decision(s) Date(s): At the Ordinary meeting on April 4, 2018 Council resolved to: 1. Release the Draft Hard Court Facilities Strategy for a minimum six week period of

public exhibition and invite public submissions; and 2. Following this period of exhibition, receive a further report and final Hard Court

Facilities Strategy, incorporating the feedback received, to be considered for endorsement.

Report

During the period of public exhibition there were a number of engagement activities and opportunities provided to netball and tennis clubs, associations and leagues (detailed in the Consultation/Communication section of the report). There were nine submissions received on the draft Strategy and the key issues and outcomes from these are summarised in Attachment 2. There have been three changes made to the draft Strategy, with all three changes relating to the criteria used to prioritise projects. The first is the addition of a paragraph acknowledging that the City will work with relevant clubs, leagues and associations when prioritising projects. This is in response to concerns raised around the need to undertake a cohesive approach from a league and association planning point of view, rather than just focussing on the individual needs of each club. The second change is the addition of an “Aligns with” column to the prioritising criteria table. This is in a response to feedback from Sport and Recreation Victoria that it was not clear how the previous set of criteria aligned with the other elements of the Strategy. The third change is the addition of a reference point (considers relative socio-economic disadvantage) in the prioritising criteria table for the “Geography” criteria. This is in response to Sport and Recreation Victoria’s feedback that it was not clear how socio-economic disadvantage was considered when prioritising projects under the strategy. These three changes have been incorporated into the Hard Court Facilities Strategy 2018-2028 (Attachment 1). Priority/Importance: The Hard Court Facilities Strategy will ensure that a proactive and planned approach is taken to the renewal of courts and their supporting infrastructure in order that they don’t become unusable prior to works being undertaken. The recommendations of the Strategy will also help work towards increased participation and club health in both sports, helping to address an objective of both the current Community Plan and Health and Wellbeing Plan.


PAGE 118

Timelines: If Council were to endorse the Hard Court Facilities Strategy at the August 2018 Ordinary meeting then this would allow staff to use the Strategy to assist in the prioritising of projects for the 2019/2020 financial year.


All netball and tennis clubs, leagues and associations within Greater Bendigo were contacted during the public exhibition period and asked to provide feedback on the Strategy and invited to meet to discuss it in person if they wished to do. In addition to this the Strategy was promoted through Council’s website, social media, the City’s monthly Active and Healthy Lifestyles Newsletter and featured in a number of traditional media stories. There were three key questions that the City focussed on during the conversation with the community during the exhibition period:

Are you comfortable with the proposed criteria to determine investment in hard court facilities?

Are you comfortable with the proposed key focus areas and do you feel that they address the aims of the four Priorities?

Is there anything we’ve missed that you think needs to be addressed within this Strategy?

At the request of the Bendigo Tennis Association a Q&A forum was held on May 25, 2018 where a number of tennis clubs and associations were presented with the Strategy, the key findings and recommendations. A Q&A session followed the presentation and allowed clubs and associations the opportunity to clarify and discuss any issues or concerns that they may have had about the Strategy prior to finalising their submission. One club took up the opportunity to meet one on one with staff to discuss the Strategy and the implications for their club with regards to future infrastructure projects. Staff also sought feedback on the Strategy from the Department of Education and Department of Environment, Land, Water and Planning as key partners and land managers both presently and potentially in the future for a number of tennis and netball sites. Feedback from these departments is included in the summary of submissions.


Previous Council Support: $30,000 – 2016/2017 Budget External Funding Sources: $30,000 – Community Sports Infrastructure Fund (Sport and Recreation Victoria) Projected costs for future financial years:


PAGE 119

There is currently an ongoing renewal program for Recreation – Hard Surfaces within Council’s budget, which includes netball and tennis courts along with a number of other hard surface types (e.g. car parking, skate parks). New hard courts within growth areas will need to be considered on merit as part of developing the annual budget alongside other requests for new assets.

Attachments

1. Hard Court Facilities Strategy 2018-2028

2. Hard Court Facilities Strategy – Summary of Feedback

3. Confidential Attachment – Written Submissions received


PAGE 120

3.3 SPORT AND RECREATION VICTORIA GRANTS


Author David Hogan, Coordinator Community Projects, Active and Healthy Lifestyles Lincoln Fitzgerald, Manager, Active and Healthy Lifestyles

Responsible Vicky Mason, Director Health and Wellbeing Director

Summary/Purpose

This report seeks Council endorsement to submit applications for funding through Sport and Recreation Victoria and to allocate the necessary Council co-contributions toward each project. Proposed applications are:

CSIF Minor Facilities – Epsom Skatepark construction

Female Facilities – Dower Park away changeroom construction

World Game Facilities – Epsom Huntly Recreation of Reserve, LED lighting of pitch 4

World Game Facilities – Bendigo Southeast College, LED lighting of synthetic soccer pitch

An additional funding opportunity exists through the Community Cricket Program: On Common Ground – Regional Priority Projects program, for which there is no requirement for Council to contribute any funding. This is a strategic investment program and as such is by invitation-only, and the City has been invited to submit a full grant application for the Northern Rivers Regional Cricket Hub at Catherine McAuley College as part of a broader sporting precinct development.


PAGE 121

RECOMMENDATION

That Council:

1. Recognise the importance of sport and leisure activities in creating the world’s most liveable community.

2. Submit the grant applications to Sport and Recreation Victoria for: a. Construction of Epsom Skatepark; b. Construction of Dower Park changerooms; c. Installation of LED lights on pitch 4 at Epsom Regional Recreation Reserve; d. Install LED lights on the synthetic soccer pitch at Bendigo Southeast College;

and e. Construct a year round training venue for the Northern Rivers Regional Cricket

Hub.

3. Commit the necessary financial contributions from the City as part of the Budget process.

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

CARRIED

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

Policy Context

This report is consistent with the Community Plan 2017 – 2021 vision of Creating the world’s most liveable community. It is particularly supportive of Goal 2: Wellbeing and Fairness which advocates for inclusive policies, partnerships and projects that increase access, improve health and learning opportunities, by building better connections and quality of life for all.. Community Plan Reference: Community Plan 2017 – 2021 2.2.1 Prioritise efforts to promote physical and mental wellbeing. 2.2.2 Design settings and environments that can create better health outcomes.


PAGE 122

2.3.3 Ensure there are facilities that allow people to come together for social and learning purposes and to have fun. Strategy Reference (include weblink as applicable): Lighting of soccer pitch 4 at Epsom Huntly Recreation Reserve is consistent with the Epsom Recreation Reserve Master Plan. Upgrade of Dower Park changerooms is an action recommended in the Dower Park Master Plan of 2014, to be delivered in the 0-3 year timeframe. Design of the Epsom Skatepark is a specific action in the Community Plan 2017-2021, under point 2.2.2 The Junortoun Community Plan 2013-15 includes a number of goals and aims that the Catherine McAuley College sporting precinct project supports: Goal 7 – to improve access to sporting and recreational facilities.

Action – advocate for more sporting facilities and promote recreational opportunities in Junortoun.

Goal 8 – to increase community connection and involvement. Action – increase opportunities for residents to be involved in community activities

Action – Encourage the community to support local businesses and facilities


Sport and Recreation Victoria, a branch of the State Government, currently has three grant programs open for applications. These programs are designed to provide investment in sporting infrastructure which improves health and increases physical activity. The grant programs are:

1. 2019-20 Community Sports Infrastructure Fund 2. 2018-19 World Game Facilities Fund 3. 2018-19 Female Friendly Facilities Fund

The Female Friendly Facilities Fund was previously a sub-category of the Community Sports Infrastructure Fund, but has now been established as a stand-alone program with increased funding available. The World Games Facilities Fund is a new standalone program specifically for soccer-related projects. The Community Cricket Program: On Common Ground is a $12.4M program announced in 2015 to strategically develop regional cricket hubs. Submissions are by invite-only. The Community Sports Infrastructure Fund contains sub-categories for major facilities, minor facilities, better pools, small aquatic projects and planning. There was previously a specific cricket-related category, but this has been removed since the last round of the program. It is proposed that the City only submit applications to the minor facilities category due to the design and shovel ready status of other projects and Council’s capacity to co-contribute to projects.


PAGE 123

The following table outlines how many applications Council may submit, the maximum grant amount and the funding ratio required in the partnership:

Category Maximum Number of Applications

Maximum Grant ($)

Funding Ratio State : Local

Better Pools 1 application from 1 of

these categories

$3M $1.00 : $2.00

Major Facilities $800,000

Small Aquatic Projects $250,000 $2.00 : $1.00

Minor Facilities 2 applications $250,000

$1.50 : $1.00

Planning 1 $30,000 $1.50 : $1.00

Female Friendly Facilities 1 or more with total value up to $5M

$500,000 $1.50 : $1.00

World Game Facilities 2 maximum with total grant of $250,000

combined

$250,000 $1.50 : $1.00

strikethrough categories - grants not applied for

Each application for the fund must meet specific objectives associated with the category. Applications will be assessed based on these four key categories as weighted below: Better Pools, Major Facilities and Female Friendly Facilities

Project Development 30%

Strategic Alignment 20%

Stakeholder Consultation 10%

Project Outcomes 40% Small Aquatic, Minor Facilities and World Game Facilities

Project Development 40%

Strategic Alignment 10%

Stakeholder Consultation 10%

Project Outcomes 40% Previous Council Decision(s) Date(s): Nil.

Report

Officers have reviewed Council’s forward Capital Works Program and identified projects which most effectively meet the objectives of the funding program and contribute to the health & wellbeing of the community. These projects have then been discussed with staff from the Department of Sport & Recreation Victoria to seek feedback on the strength of the applications prior to recommendation to Council. Based on consultation with staff from the Department of Sport and Recreation Victoria, the following applications are considered most appropriate in accordance with the criteria:


PAGE 124

CSIF Minor Facilities – Epsom Skatepark construction

Female Facilities – Dower Park away changeroom construction

World Game Facilities – Epsom Huntly Recreation of Reserve, LED lighting of pitch 4

World Game Facilities – Bendigo Southeast College, LED lighting of synthetic soccer pitch

Epsom Skatepark construction Whilst the Active Living Census did not pick up on participation rates for skateboarding, roller blading and scooters, there is significant statistical evidence to support the investment. In the 2012 Australian Census, data obtained from the Australian Bureau of Statistics shows that 60% of all males aged 5-14 and over 47% of females aged 5-14 either skateboard, rollerblade or use scooters. These are huge numbers when considered against other activities in the Active Living Census. Design of the Epsom Skatepark is in progress, and is a key action in the 2017-2021 Community Plan, as noted earlier. The first concept design has been received, consultation with users is underway, and detailed design is scheduled to be completed by November 2018 and the project would be shovel ready by the commencement of the 2019/20 financial year. Dower Park away changeroom construction The City of Greater Bendigo Active Living Census revealed that usage of sporting facilities in Kangaroo Flat is lower than the typical average across Greater Bendigo. This is common across all facilities. Kangaroo Flat is a lower socioeconomic area of the City, and development of these facilities will complement the money council has committed to the new Aquatic and Wellness Centre being constructed in Kangaroo Flat. Upgrading changeroom facilities for tenant clubs is a key recommendation of the Dower Park Master Plan, endorsed by Council in 2014. Detailed design of a new away team change room, umpires change rooms and storage along with refurbishment of the home team changeroom is currently underway. Designs are expected to be completed by August 2018. Epsom Huntly Recreation Reserve lighting of Pitch 4 The City of Greater Bendigo Active Living Census (2014) showed that participation rates in soccer in Epsom and Huntly are far greater than any other location across the City, with rates in Epsom and Huntly typically double those of other urban subregions. Pitch 4 at Epsom Huntly Recreation Reserve is the final soccer pitch at the facility that remains unlit. The soccer pitches with lighting are currently over their carrying capacity during the week and this grant will assist to spread wear and tear.


PAGE 125

Both Epsom SC and Bendigo City SC are using Pitch 3 at the same time on some nights to allow players to train. Pitch 5, as the premier ground in the Bendigo region which hosts up to 6-8 games per weekend. It is difficult for the City to ensure adequate standards for the level of competition being played at the facility. Lighting of Pitch 4 will allow the traffic on Pitch 5 to be reduced, whilst also avoiding clubs being forced to share pitch 3 with compromised training regimes. This will also allow for clubs capacity to accommodate more participation. Bendigo Southeast College, lighting of synthetic soccer pitch Whilst soccer ranked as the 16th most popular physical recreation activity in the Active Living Census, over 83% of respondents who played soccer did so once a week or more. This is a higher rate than any of the most popular activities – walking had 79% reporting once a week or more, swimming was 45% reporting once a week or more, cycling was 58% reporting once a week or more. Bendigo Southeast College in Flora Hill currently has a full size synthetic soccer pitch. The pitch has no lighting, and only accommodates informal community use outside of school hours. The City is negotiating a joint use agreement with the college which would provide a framework for allowing community use of the pitch after hours. Construction of energy efficient LED lighting at the facility, along with the joint use agreement, would create a new training venue for the Bendigo Amateur Soccer League and its member clubs, helping to alleviate the over-use at existing soccer pitches at Epsom Huntly Recreation Reserve, Spring Gully and Strathdale, and give the clubs at those venues the capacity to continue growing their membership by increasing facility provision for soccer training. Northern Rivers Regional Cricket Hub The Northern Rivers Regional Cricket Hub will see the integration of an elite regional cricket facility with community sporting facilities at Catherine McAuley College. Through engagement with Cricket Victoria, there is a clear understanding of the need for an indoor cricket training facility in the region, supporting vital pathways from junior levels to high performance. The cricket facility will be incorporated into a sporting hub building identified in the Catherine McAuley College master plan, and provide indoor cricket training facilities, changerooms and amenities and sporting administration offices. The project would be fully funded by Catherine McAuley College, Cricket Victoria and Sport and Recreation Victoria. To access the available Sport and Recreation Victoria funding of $500,000, the grant application is to be submitted by the City who would then facilitate the funding and sit on the Project Control Group to oversee the project. No Council funding is required but this would constitute in-kind support for financial and project administration. Priority/Importance: Only Local Government can apply for these funding programs. Greater Bendigo City Council is being asked to endorse these projects for submission to the State Government.


PAGE 126

Options/Alternatives: The Greater Bendigo City Council has the opportunity to submit grant applications seeking external State Government funding for the 2018-19 and 2019-20 financial years. Council has the opportunity to endorse these applications or to resolve against the recommendation. Timelines: 2018-19 World Game Facilities Fund: this funding program was announced by the Minister for Sport and Recreation on 26 March 2018. Applications closed on 30 May 2018. The guidelines indicate that funding announcements and notification of outcomes will be known from August 2018 onwards. 2018-19 Female Friendly Facilities Fund: this program was announced by the Minister for Sport and Recreation on 18 April 2018. Applications close on 23 July, with funding announcements and notification of outcomes to be known from September 2018 onwards. 2019-20 Community Sports Infrastructure Fund: this program was announced by the Minister for Sport and Recreation on 18 April 2018. Applications close on 25 June, with funding announcements and notification of outcomes to be known from September 2018 onwards. Progress: Epsom Skatepark An external consultant has been appointed to complete the detailed design. The first concept stage has commenced, with the first workshop with local youth and skaters scheduled for July. Detailed design is scheduled to be complete in November 2018, ready for construction in the 2019-20 financial year. Dower Park changerooms Detailed design is in progress, and is scheduled for completion in July 2018, ready for construction to commence in the 2018-19 financial year. Epsom Huntly Recreation Reserve LED lighting of Pitch 4 Detailed lighting design is complete and the project is shovel ready and construction is scheduled for completion in the 2018-19 financial year. Bendigo Southeast College, LED lighting of synthetic soccer pitch Detailed lighting design for LED lights is complete, and the project is shovel ready. Northern Rivers Regional Cricket Hub Catherine McAuley College is in the final stages of developing a master plan for the site including conceptual design of the regional cricket hub.


PAGE 127

Risk Analysis: The City of Greater Bendigo has involved local clubs in the planning of each project. Some projects are within the design stages and therefore variables exist (e.g. planning permit requirements / delays) however these risks have been minimised by obtaining necessary advice as part of the development phases. The Epsom Skatepark project in particular has been driven by the community, and with the design now underway there is strong community expectation that this project will be delivered in 2019-20.


Each project recommended for funding has been identified and developed by the City in consultation with the community and user groups. Many of these projects have been considered for funding for a number of years and as a result are relatively well developed. The Epsom Skatepark project has had a significant level of community engagement and consultation thus far. The City has engaged with a broad range of stakeholders to assess the most appropriate location for the skatepark, utilising listening posts, letter drops, face-to-face meetings and social media to engage with the community. Dower Park changerooms have been discussed with user groups as part of the development of the Dower Park Master Plan. It has the full support of the resident football and cricket clubs, as well as AFL Central Victoria and the Bendigo Umpires Association who have provided letters of support. One of the Clubs is seeking increased size of the change rooms above and beyond the AFL Victoria Facilities Guidelines which has been declined. Lighting of pitch 4 is the final step in lighting all of the soccer pitches at Epsom Huntly Reserve, and has the full support of all user groups as well as Football Federation Victoria and the Bendigo Amateur Soccer League who have all provided letters of support. The City has worked closely with Bendigo Southeast College to draft a Joint Use Agreement which will ensure community use of the synthetic pitch outside school hours, and has engaged with the Bendigo Amateur Soccer League to develop a program of use. The final Joint Use Agreement will require approval of the School Council. The City has supported Catherine McAuley College to develop the master plan for the site and draft a Joint Use Agreement which will ensure community use of the sporting precinct development and Cricket Victoria use of the regional cricket hub outside school hours.


PAGE 128


Current Cost Estimates: Please refer to confidential attachment #1. This item has been made confidential to ensure a competitive procurement process during the construction phase of the projects should they proceed. Any known or anticipated variance to budget: None known. Projected costs for future financial years: Not known. Any ongoing recurrent expenditure required: Each of these facilities would become City of Greater Bendigo assets with the exception of lighting at Bendigo South East Secondary College and Catherine McAuley College. The City would depreciate each item and upgrade / replace at the end of the economic life. In typical cases a ‘home club’ has a vested interest in maintaining the facility in good condition and undertakes regular maintenance of the facility therefore extending the asset life and condition. Bendigo South East College and Catherine McAuley College would own the assets but a joint use agreement outlines shared use and maintenance responsibility during the asset life.

Conclusion

The City has the opportunity to submit grant applications to the State Government for priority sporting projects as part of the Community Sports Infrastructure Fund, Female Friendly Facilities Fund and World Game Facilities Fund. Officers in consultation with local sporting clubs, the community and Sport and Recreation Victoria have developed applications for the projects which most strongly meet the criteria of the grant programs and respond to community need. Each construction project recommended is in an advanced stage of planning and design and can be delivered in the proposed timeline of these grants. Funding for successful grant projects will become available in the 2018-19 and 2019-20 financial years. For the Northern Rivers Regional Cricket Hub, no Council funding is requested but in-kind support will be required. Please refer to the confidential attachment.

Attachments

1. Sport & Recreation Victoria Grants - Confidential Attachment #1

Strengthening the Economy Environmental Sustainability Embracing Our Culture and Heritage Ordinary Meeting - 15 August 2018

PAGE 129

4. STRENGTHENING THE ECONOMY

Nil.

5. ENVIRONMENTAL SUSTAINABILITY

Nil.

6. EMBRACING OUR CULTURE AND HERITAGE

Nil.

Lead and Govern For All - Reports Ordinary Meeting - 15 August 2018

PAGE 130

7. LEAD AND GOVERN FOR ALL

7.1 CONTRACTS AWARDED UNDER DELEGATION


Author Lee Taig, Contract Support Administrator, Governance Unit Responsible Director Steven Abbott, Acting Director Corporate Performance

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. RESOLUTION Moved Cr Fyffe, Seconded Cr Flack. That the recommendations contained in the Lead and Govern For All Reports Nos. 7.1 (Contracts Awarded Under Delegation and 7.2 (Record of Assemblies) be adopted.

CARRIED

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

Policy Context

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


PAGE 131

Report

Contract No Project Successful Contractor Value

(GST Excl) Delegated

Officer Date Signed

Capital Contracts

CT000365 Albert Roy Reserve Pavilion Construction

BLR Provincial Construction Pty Ltd

$1,214,047.68 Craig Niemann 28 June 2018

CT000396 Fire Services Installation at the Bendigo Stadium

Stevnor Services Pty Ltd $223,346.76 Debbie Wood 05 July 2018


PAGE 132

7.2 RECORD OF ASSEMBLIES


Author Jessica Clarke-Hong, Manager Governance Responsible Steven Abbott, A/Director Corporate Performance A/Director

Purpose

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

RECOMMENDATION

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

(refer to page 130 - recommendation adopted)

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

Policy Context


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


PAGE 133


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

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

Report

Meeting Information

Meeting Name/Type

Councillors' Briefing

Meeting Date 2 July 2018

Matters discussed 1. Councillor planning discussions 2. Public Space Plan 3. Victorian Local Governance Association 4. Local Laws review 5. Draft Ordinary Agenda review 6. Meeting with Dja Dja Wurrung 7. Foodshare at Heathcote 8. Transforming City Centre Action Plan 9. Youth Council discussions 10. Tour of Peter Krenz Leisure Centre

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Ms Vicky Mason Ms Debbie Wood Mr Steven Abbott Mr Terry Karamaloudis Mrs Jessica Clarke-Hong Apology: Mr Bernie O'Sullivan


PAGE 134

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

Meeting Information

Meeting Name/Type



Matters discussed 1. Councillor planning discussions 2. Cycleport update 3. Planning matters 4. GovHub progress report 5. City Deals 6. Digital Transformation Centre 7. CRC Water Sensitive Cities 8. Loan Borrowings

Attendees/Apologies

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


Mr Craig Niemann Ms Vicky Mason Ms Debbie Wood Mr Steven Abbott Mr Terry Karamaloudis Mrs Jessica Clarke-Hong Apology: Mr Bernie O'Sullivan


Matter No.


Nil


PAGE 135

Meeting Information

Meeting Name/Type



Matters discussed 1. Community Satisfaction Survey Results 2. Marong Business Park 3. Social Innovation/Transformation grants 4. Bendigo Heritage Representative Group 5. Spring Gully Trail Network 6. Bendigo Regional YMCA

Attendees/Apologies

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


Mr Craig Niemann Mr Bernie O'Sullivan Ms Vicky Mason Ms Debbie Wood Mr Steven Abbott Mrs Jessica Clarke-Hong


Matter No.


Nil


PAGE 136

Meeting Information

Meeting Name/Type

Meeting with Bendigo Volunteer Resource Centre


Matters discussed 1. Discussion on resource centre operations

Attendees/Apologies

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


Ms Vicky Mason Mrs Daniella McClure Mr Leon Moulden/ Ms Julie Rivendell Mr James Breene


Matter No.


Nil


PAGE 137

7.3 NORTH CENTRAL GOLDFIELDS REGIONAL LIBRARY AGREEMENT 2019 - 2023


Author Vicky Mason, Director Health and Wellbeing Responsible Vicky Mason, Director Health and Wellbeing Director

Purpose

To seek Council support in finalising a new Regional Library Agreement with Central Goldfields Regional Library Corporation for the period 2019 - 2023.

Summary

The North Central Goldfields Regional Library Corporation consists of members from City of Greater Bendigo, and the Shires of Loddon, Macedon Ranges and Mount Alexander. The Corporation provides library services to the member Councils as per the Regional Library Agreement. A new Regional Library Agreement has been prepared which supersedes the previous agreement. With the exception of date changes, the Agreement has not been changed in any way from the existing Regional Library Agreement representing a continuation of current services utilising the same legal structure. Section 197 of the Local Government Act requires Councils entering into a Regional Library Agreement, to advertise its intention for a period of 28 days.


PAGE 138

RECOMMENDATION

That Greater Bendigo City Council resolve to: 1. Advertise its intention to enter into the Regional Library Agreement 2019-2023 with

the North Central Goldfields Regional Library Corporation. 2. Appoint a Committee consisting of the Mayor and Cr Fyffe to hear any person in

respect to their submission on at 5.30pm on 18 September 2018 at the Municipal Offices, Lyttleton Terrace, Bendigo.

3. Authorise the Chief Executive Officer to sign and seal the North Central Goldfields Regional Library Corporation Agreement 2019-2023, should no submissions be received.

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

CARRIED

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

Policy Context

Local Government Act: Section 196 Regional Libraries Section 197 Submissions on Regional Library Agreements Community Plan Reference: City of Greater Bendigo Community Plan 2017-2021:

Goal #1 Lead and Govern for all

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

Objective # 1.5 Take a leadership role in regional planning, advocacy and work in partnership with regional councils

Goal # 2 Wellbeing and Fairness

Objective # 2.2 Promote positive wellbeing across the Greater Bendigo community

Objective # 2.3 Promote community connection

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


PAGE 139

Goal # 3 Strengthening the economy

Objective # 3.3 Ensure Bendigo is a welcoming place for new businesses and industries, and supports creativity and innovation and visitor attraction

Goal # 6 Embracing our culture and heritage

Objective # 6.3 Offer and support a diverse range of events that attract and connect people

Greater Bendigo Health and Wellbeing Plan 2017 – 2021 Objective # 3 Able to participate Priorities:

Support early years learning and development

Promote educational attainment

Support inclusive employment

Improve health, financial and digital literacy

Support positive ageing Objective # 4 Connected to culture and community Priorities:

Support inclusive communities

Build community resilience Objective # 5 Liveable Priority:

Improve accessibility – technology and information


Since its inception in 1996, members of the North Central Goldfields Regional Library Corporation have included City of Greater Bendigo, and the Shires of Loddon, Macedon Ranges and Mount Alexander. A Regional Library Agreement (Agreement) has outlined the:

The role of the Corporation

Membership of the Corporation

Meeting procedures

Requirements for strategic planning, budgeting and financial contributions

Entry, exit and dissolution provisions


PAGE 140

Previous Council Decision(s) Date(s): At its Ordinary Meeting held on 1 October 2014, Greater Bendigo City Council resolved to:

Advertise its intention to enter into the Regional Library Agreement 2014-2018 with the North Central Goldfields Regional Library Corporation.

Appoint a Committee consisting of the Mayor and Cr Fyffe to hear any person in respect to their submission on 15 October 2014, at 5.00pm.

Authorise the Chief Executive Officer to sign the North Central Goldfields Regional Library Corporation Agreement 2014-2018, should no submissions be received.

Report

A new Agreement has been prepared which supersedes the previous agreement. Apart from a change of dates no other changes have been made to the Agreement. Section 197 of the Local Government Act requires Councils entering into a Regional Library Agreement to advertise their intention. Any person has a right to make a submission and be heard in respect to their submission. The exhibition period for the proposed Regional Library agreement is 28 days. It is important for the Corporation to attend to the renewal of the Agreement as there are a number steps in the process involving decisions of the Board and all members Councils. The proposed Agreement has been reviewed by the CEO and is attached with minor alterations to dates. The length of time for this draft Agreement is 4 years (as per the current). The process of review and adoption of a new Agreement involves the following steps; 1. Review and approval by the Board (completed) 2. Review by member Councils of the Agreement with each Council to resolve to

advertise the new Agreement. 3. Advertise and invite public submissions on Council’s intention to sign and seal the

Agreement giving 28 days’ notice. 4. Hearing and consideration of any submissions.

5. Council resolution to authorise the Chief Executive Officer to sign under seal. 6. The gathering of the Council Seal and signatures on the Agreement from the member

Councils. 7. The submission of the Agreement to the Minister for Local Government for approval

and gazettal. The previous Agreement was gazetted by the Minister for Local Government on March 5, 2015 and therefore the process to renew the RLA should be completed by March 5, 2019.


PAGE 141

Priority/Importance: Council’s endorsement of the RLA is essential to ensure a continuation of current library services. Timelines: It is expected that the process to renew the RLA should be completed by March 5, 2019 as outlined above.


Section 197 of the Local Government Act requires Councils entering into a Regional Library Agreement to advertise their intention. Any person has a right to make a submission and be heard in respect to their submission. The exhibition period for the proposed Regional Library agreement is 28 days.


Clause 9.2 of the Agreement requires the Library Board to agree on a funding formula to determine the financial contributions to be made by member councils. The agreed formula must ensure each member council contributes the same per capita amount. The current arrangements are outlined in the Service and Funding Agreement that is attached to the Agreement. Funding for the Regional Library Corporation is provided for in the current budget.

Conclusion

The Regional Library Agreement is in line with current practice of the Library Corporation and represents good governance through the provision of an Agreement that clearly specifies the responsibilities of all parties. The Agreement has not been changed in any way to the existing Regional Library Agreement and this process represents a continuation of current services utilising the same legal structure.

Attachments

1. North Central Goldfields Regional Library Agreement 2019 – 2023 2. Goldfields Library Corporation Service Funding Agreement 2019-2023


PAGE 142

8. URGENT BUSINESS

Nil.

9. NOTICES OF MOTION

Nil.


PAGE 143

10. COUNCILLORS' REPORTS

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

Participated in an interview with Kylie and Piera for the 3556 Magazine on waste; it was great to hear young people so passionate about getting their waste sorted properly - a great topic to take to a junior council

Successful Listening Post at Huntly and the proposal for a roundtable to be held in Huntly in October

Attendance at the St Liborious 150th celebrations - a reminder of the heritage artefacts that have been collected over this time

Terrific idea for the opening of the Bendigo Writers' Festival with the 'books on the train' initiative

Attendance at the Launch of the Whipstick book of stories and lucky attendees were able to get a copy of the publication

Attendance of the official opening of the Bendigo Hospital by the Premier, The Hon Daniel Andrews

Extend good luck to the Lady Braves in the SEABL final on the weekend

Pay my respects to the passing of Jack Taylor who have a love the Borough and a love of life - I'm not sure if his family will be listening, but I know in talking to Jack that he valued his family's contribution in allowing him to remain at his home in Eaglehawk

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

City Studio presentation

Attendance at the launch of 'You're Not Alone Carer Support Group' dementia facility at Uniting AgeWell in White Hills

Indonesian visitors attended game at the badminton facility in Eaglehawk

Launch of the Bendigo Bank Fun Run

Launch of exhibition by Bendigo Access artists and mentors of 'Behind the Curtain' at Dudley House

Malone Park User Group meeting

Have Home Safe Funding announcement

Art Trail launch at Axedale

Launch of Write on the Fringe

Maiden Gully Progress Association meeting

The Vox Bendigo Book Young Writers' 'Curious' Book Launch

Launch of Love Letters to Dja Dja Wurrung Country

Launch of 'Whipstick'

Creative Conversations III: Creative Bendigo

Launch of Writers' Festival which was a huge success and extended congratulations to Rosemary Sorenson, David Lloyd and David Stretch

Launch of Follow the Thread at Living Arts Space

Launch of the Orchestra Victoria Festival: 'A Soul to the Universe' Cr Hoskin - no report as has been on leave


PAGE 144

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

Attendance at the Victorian Greenhouse Alliances Conference

Supported the hugely successful City Studio collaboration of students to reimagine the Bendigo Creek

Attendance at the Malone Park Users Group meeting

Maiden Gully Progress Association

Residents' discussion at Lockwood

Annual General Meeting of the Golden Square Pool

Meeting with sponsors and members of the Golden Square Football Netball Club

Reminder of the Kangaroo Flat Roundtable coming up next week - 22 August 4pm - 6.30pm at St Mary's in Kangaroo Flat, followed by Coffee with a Councillor on Saturday 25 August 10am - 11.30am at the Spring Gully General Store

It has been 'Writing' month with the Bendigo Writers Festival launch at which 'books' were farewelled to be enjoyed by train commuters: spoke at the Write on the Fringe; spoke at the Yo Arts Bendigo young artists project exhibition launch; spoke at Love Letters to Dja Dja Wurrung Country, including one from fellow Councillor, Yvonne Wrigglesworth; attended the Vox Bendigo young writers anthology book launch; had the pleasure of interviewing Canadian Urban Ag legend, Michael Ableman on his recent work, Street Farm; Edible Bendigo session on Bendigo's food system and the city's café for being a City of Gastronomy

Launch of the City's application for UNESCO Creative City of Gastronomy status - which relates to our food and broader culture: 'If you eat, you're in' (Edible Todmorden, UK)

Cr Emond reported on another exciting month and highlighted the Melbourne Art Fair and for the first time in its history, the partnership with our wonderful Bendigo Gallery to commission a work entitled, 'Surrender'. Cr Emond acknowledged the hard work of our Gallery Director, Karen Quinlan; the Melbourne Art Fair also coincided with the annual Donor's lunch to thank the wonderful network of supporters of our unique Gallery; Bendigo has an extraordinary cultural offering. Cr Emond report on the success of the progress with the City's Arts and Creative Industries Strategy and thanked the work of Stacey Poulter and Anna Knight. Cr Williams reported on his attendance at the following meetings and events:

'switching on of the lights' at the White Hills Recreation Reserve which will allow for the expanded use of this facility for a large number of user groups

Annual General Meeting of the Calder Highway Improvement Committee and being elected as Deputy Chair!

2-hour Listening Post at Huntly was a great success and looking forward to the roundtable in October

Attended a clean-up of the Huntly-Fosterville Road with the Fosterville Goldmine and the Northern Landcare Group; Fosterville Goldmine will be offering 2 grant rounds this year

Launch of the City Studio - reimagining Bendigo Creek and looking forward to what ideas can be implemented for an area that am quite passionate about

Attended a tree planning day at Ironbark Gully


PAGE 145

11. MAYOR'S REPORT

The Mayor, Cr Margaret O’Rourke, tabled a report on her attendance at the following meetings and events: Attended the White Hills Football and Netball Club for launch of new lighting.

Attended Heathcote Community Workshop at the Barrack Pavilion, Heathcote regarding the

Issues and Opportunities Paper and the Urban Design Framework Discussion paper for the

Heathcote Township Plan

Attended Disability Inclusion Reference Committee Meeting

Participated in the Panel for Student City Studio Presentation and the City Studio Hubbub

showcase event

Attended the Women of Wool Luncheon

Official welcome Woolworths Lambition at Fortuna Villa

Waste and Hard Rubbish Collection workshop

Attended AgVic announcement regarding Fruit Fly funding

Attended the Epsom Huntly Recreation Reserve Funding announcement for funding for

lighting

Attended the 125th Year South Bendigo Football Netball Club Gala Day

Attended Kangaroo Flat Fire Brigade Annual Dinner and awards night

Attended 150th Anniversary of Laying the foundation stone at St Liborius Parish, Eaglehawk

Onsite inspection of Reyn and Huddle Roads Myrtle Creek - grading

Meeting with Kangaroo Flat Community Enterprise member – fundraising update

Public Hearing for submissions on 49 Napier St Eaglehawk

Attended Rural Councils Victoria meeting in Wodonga

Breakfast meeting – Goldfields LLEN

Attended Funeral of former Eaglehawk Mayor Jack Taylor

Conducted election of Office Bearers at the Bendigo Historical Society Annual General

Meeting

Spoke at the Launch of Write on the Fringe

Attended the 2018 Saint Martin Heathcote Wine Show Dinner Heathcote

Attended Bendigo Symphony Orchestra’s Winter Regional Tour 2018 at St Paul’s Cathedral

Attended Books on the Rail at Bendigo Railway Station and Officially opened the Bendigo

Writers Festival

Welcomed Board of Southern Phone in Bendigo

Sustainability and Environment Advisory Committee


PAGE 146

Official opening of roadshow titled “Unspoken: What will become of me?” that uses art and

performance to generate awareness and conversation around then end of life.

Met with Hon. Consul General of Nepal to Victoria, Chandra Yonzon

Met individually with 10 Victorian Government Ministers and Shadow Ministers/advisors in

Melbourne for Regional Cities

Meet with community members in Heathcote on site for proposed dog park

Attended Official Opening Bendigo Hospital Project by the Premier and Health Minister

Attended the Launch of Whipstick book of stories at the Capital Theatre

Participated in the Panel for Creative Conversations III: Creative Bendigo

Spoke at the 2018 Bendigo Writer’s Festival: Let’s Get Curious

Spoke at Orchestra Victoria’s Bendigo Festival – A Soul to the Universe at Sacred Heart

Cathedral

Unveiling of Daryl McClure Memorial Plaque at the entrance of Rosalind Park in View St

Spoke at the City of Gastronomy Launch at Peppergreen Farm

Participated in numerous workshops and forums

Participated in numerous radio, newspaper, television media interviews and photo

opportunities

Commenced Monday afternoon meetings with residents

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

issues.

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


PAGE 147

12. CHIEF EXECUTIVE OFFICER'S REPORT

The Chief Executive Officer, Mr Craig Niemann, tabled a report on his attendance at the following meetings and events: Attended a meeting with Small Business Advisor to Minister Dalidakis to discuss priority

projects of City of Greater Bendigo

Participated in an Organisation Team Leadership planning workshop

Met with Minister Jacinta Allan to provide an update on projects within the municipality

Participated in regular media interviews

Met with residents and business representatives regarding various topics

Attended a meeting of the Local Government Chief Officers' Group

Attended a meeting with Minister Donnellan to discuss priority projects of City of Greater

Bendigo

Participated in Regional Cities Victoria Executive Management Group meetings

Attended the announcement by Minister Kairouz, funding for Haven Home, Safe

As members of Regional Cities Victoria Executive Management Group, attended a meeting

with the Mayor with members of Rural Councils Victoria. Also met with a number of State

Government Ministers, Shadow Ministers and Advisors to promote Regional Cities Victoria

Attended a meeting of Bendigo Manufacturing Group at which the CEO and General

Manager Regulation from Powercor were in attendance

Attended a meeting of Bendigo Heritage Attractions

Met with representatives from Victorian Planning Authority, DELWP

Attended a meeting of regional Chief Executive Officers

Attended the official opening of the Bendigo Hospital by Premier Daniel Andrews


PAGE 148

13. CONFIDENTIAL (SECTION 89) REPORTS

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

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

CARRIED

There being no further business, the meeting closed at 7:50 pm.

Confirmed: 19 September 2018 Chair

MINUTES - City of Greater Bendigo · *** Broadcast live on Phoenix FM 106.7 *** Reception Room,...

Documents

Transcript of MINUTES - City of Greater Bendigo · *** Broadcast live on Phoenix FM 106.7 *** Reception Room,...

MINUTES - City of Greater Bendigo · * Broadcast live on Phoenix FM 106.7 * Reception Room,...

Transcript of MINUTES - City of Greater Bendigo · * Broadcast live on Phoenix FM 106.7 * Reception Room,...