MINUTES Ordinary Meeting of Council · 2.2 LOT 2 OF PLAN OF SUBDIVISION 723636 V - EMU CREEK ROAD),...

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PAGE 1 MINUTES Ordinary Meeting of Council 6.00pm Wednesday 21 March 2018 *** Broadcast live on Phoenix FM 106.7 *** VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo NEXT MEETING: Wednesday 18 April 2018 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au

Transcript of MINUTES Ordinary Meeting of Council · 2.2 LOT 2 OF PLAN OF SUBDIVISION 723636 V - EMU CREEK ROAD),...

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MINUTES

Ordinary Meeting of Council

6.00pm Wednesday 21 March 2018

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

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 18 April 2018

Bendigo Town Hall

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

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

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

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

Council Vision

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

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

We Lead;

We Learn;

We Contribute;

We Care;

We Respond;

We Respect.

Goals Presentation and Managing Growth

Wellbeing and Fairness

Strengthening the Economy

Environmental Sustainability

Embracing our Culture and Heritage

Lead and Govern for All

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ORDINARY MEETING WEDNESDAY 21 MARCH 2018

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

LEAVE OF ABSENCE 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

CR METCALF'S REPORT 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 9

1.1 JOINT LETTER: 'TRUCKS OFF SUBURBAN STREETS' 9

1.2 RESPONSE TO PETITION REQUESTING STREET

LIGHTING CORNER DEEP LEAD ROAD AND TELEGRAPH

WAY HUNTLY

10

2. PRESENTATION AND MANAGING GROWTH 14

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

EXISTING BUILDINGS AND CONSTRUCTION OF A FOUR

STOREY BUILDING COMPRISING 8 DWELLINGS

14

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

ROAD), STRATHFIELDSAYE 3551 - APPROVAL OF A

DEVELOPMENT PLAN (SCHEDULE 26); THE STAGED

SUBDIVISION OF LAND INTO NOT MORE THAN 119

LOTS; REMOVAL OF NATIVE VEGETATION AND

REMOVAL OF EASEMENT

39

3. WELLBEING AND FAIRNESS 75

3.1 ENDORSEMENT OF THE DRAFT GREATER BENDIGO 75

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PUBLIC SPACE PLAN FOR PUBLIC DISPLAY

3.2 COMMUNITY ACCESS AND INCLUSION PLAN 2015-2018

PROGRESS REPORT

83

3.3 COMMUNITY GRANTING POLICY REVIEW 96

4. STRENGTHENING THE ECONOMY 102

5. ENVIRONMENTAL SUSTAINABILITY 102

6. EMBRACING OUR CULTURE AND HERITAGE 102

7. LEAD AND GOVERN FOR ALL 103

7.1 SUBMISSION ON DRAFT LOCAL GOVERNMENT BILL 103

7.2 FINANCE COMMITTEE REPORT AS AT 31 DECEMBER

2017

117

7.3 RECORD OF ASSEMBLIES 125

8. URGENT BUSINESS 138

9. NOTICES OF MOTION 138

10. COUNCILLORS' REPORTS 138

11. MAYOR'S REPORT 140

12. CHIEF EXECUTIVE OFFICER'S REPORT 142

13. CONFIDENTIAL (SECTION 89) REPORTS 142

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

the Local Government Act relating to a contractual matter

142

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

Cr Rod Fyffe

LEAVE OF ABSENCE

Cr Flack requested Leave of Absence for the Council Meeting to be held on Wednesday 18 April 2018. RESOLUTION Moved Cr Metcalf, seconded Cr Williams. That the apology of Cr Fyffe be received and accepted and the request for Leave of Absence from Cr Flack for the Council Meeting on Wednesday 18 April 2018, be approved.

CARRIED

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow a presentation to Mr George Ellis in recognition of his volunteer service to the CFA and the conduct of Public Question Time. RESOLUTION Moved Cr Metcalf, seconded Cr Flack. That Standing Orders be suspended to allow a presentation to Mr George Ellis in recognition of his volunteer service to the CFA and the conduct of Public Question Time.

CARRIED

PUBLIC QUESTION TIME

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RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed. RESOLUTION Moved Cr Alden, seconded Cr Metcalf. That Standing Orders be resumed.

CARRIED

CR METCALF'S REPORT

Cr Metcalf reported on a very busy month since the last Council Meeting, including a day when she received forty (40) emails from various residents and organisations. Cr Metcalf highlighted her commitment of 20 to 30 hours of research undertaken in the lead-up to Council Meeting to ensure that as a Councillor, she is across all aspects of items on the agenda. Cr Metcalf highlighted the commitment of the Advisory Committee members, both from a Councillor, community and staff perspective. As a Councillor, she sits on four Advisory Committees: Farming Advisory, Rosalind Park, Sustainability and Environment Advisory Committee and the Flood Mitigation Committee - Cr Metcalf wished to recognise the high level of expertise that comes from the various voluntary community members on these committees; their knowledge and experience is invaluable. Cr Metcalf also acknowledged the Australian Caravan Club event at Elmore at which participants were welcomed warmly by the Elmore community and highlighted the need for the City to be more 'RV friendly' to ensure events such as these and our 'RV' visitors can be accommodated; a big thank you to our Major Events team in supporting and attracting these types of events, including the hugely successful Red Hot Summer Tour at the Bendigo Jockey Club; but we need to ensure that we manage the waste from such events responsibly, by supplying recycle bins to these events and this should be a mandatory part of the event arrangement.

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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

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CONFIRMATION OF MINUTES

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

Petition from the Maiden Gully Community re Footpath

Planning Scheme Amendment C238 - Environmentally Sustainable Development (ESD) Local Planning Policy - Consider Authorisation Request

Planning Scheme Amendment C234 - 40 Harley Street, Strathdale (Nanga Gnulle) for Consideration of Submissions and Refer to Panel

6 Eddington Street, Axedale - Use of the Land for a Restricted Recreation Facility (Gym), Construction of a Car Park and Display of Advertising Signage

7 Francliff Avenue, Spring Gully - Subdivide Land into 28 Lots and Removal of Vegetation

Visit to Dunedin City Council, New Zealand (February 2018)

Endorsement of the Draft Greater Bendigo Public Space Plan for Public Display

Golden Square Swimming Pool

Strategic Report on Greater Bendigo's Historical Artefacts

Update on Daryl McClure Memorial

Administration Local Law No. 10

Record of Assemblies

Contracts Awarded Under Delegation

Section 89 Confidential Report Relating to a Contractual and Legal Matter The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 21 February 2018, as circulated, be taken as read and confirmed. RESOLUTION Moved Cr Flack, seconded Cr Williams. That the recommendation be adopted.

CARRIED

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1. PETITIONS AND JOINT LETTERS

1.1 JOINT LETTER: 'TRUCKS OFF SUBURBAN STREETS'

[Petitions and joint letters with ten (10) or more signatures are included in the agenda or tabled at the meeting, unless there is a separate legal process for considering the petition or joint letter, as there is for planning submissions or submissions following public notices (Section 223 LGA)]. The following joint letter has been received from residents in the vicinity of Pyke and Olinda Streets, Bendigo, as outlined below: "As residents of Quarry Hill we are very concerned by the growing number of trucks

driving on suburban streets in our beautiful neighbourhood. These trucks provide a menace from intense noise pollution, diesel particulate

pollution and pedestrian safety. We demand the City of Greater Bendigo and VicRoads address this growing

menace by routing trucks away from suburban streets". Names - 29

RECOMMENDATION

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

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

CARRIED

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1.2 RESPONSE TO PETITION REQUESTING STREET LIGHTING CORNER DEEP LEAD ROAD AND TELEGRAPH WAY HUNTLY

Document Information

Author Andrew Smith, Transportation Engineer Responsible Debbie Wood, Director Presentation and Assets Director

Purpose

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

Summary

A petition was received from residents in the vicinity of Deep Lead Road and Telegraph Way, Huntly. The petition requests that a street light be installed on the intersection of Deep Lead Road and Telegraph Way, Huntly. Street lighting is provided for light so that pedestrians can see obstructions. The lighting provided by these public lights is not intended for vehicular traffic or to provide security lighting on residential properties. The cost to install a light at this location is high due to distance to run underground power and the requirement to install a new light pole.

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RECOMMENDATION

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

1. Not install a streetlight at this location. 2. Notify the petitioners of the action.

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

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

CARRIED

Policy Context

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

Goal 2: Wellbeing and fairness

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

Background Information

At the meeting on the 24 January 2018 a petition was received from residents in the vicinity of Deep Lead Road and Telegraph Way, Huntly, as outlined below: "We the undersigned request that Greater Bendigo City Council install a street light at the corner of Deep Lead Road and Telegraph Way Huntly". Signatures – 21 Previous Council Decision(s) Date(s): That the petition be received and a response be prepared within two (2) meetings.

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Report

In addition to the petition the petition instigator contacted customer service and a customer request was generated. Information received at that time suggested the request for lighting was in response to several break in’s in that area. At the most recent incident on December 7, 2017, a vehicle was stolen from a property at 735 Midland Hwy. It is noted that a public light is located at the front of that address. The new LED street lights are designed to have minimal light spill onto properties. They do not provide security lighting on residential properties. They provide enough lights for pedestrians to see obstructions. The lighting provided by these public lights is not intended for vehicular traffic. Deep Lead Road is sparsely development but has potential to be developed along its length, except for a small piece of crown land. An isolated light at this intersection will provide minimal benefits for pedestrians. The number of pedestrians using this road at night estimated to be minimal, as there are only five houses that front the road over a distance of nearly 500m. An approximate spread of light is shown in the aerial photo below.

The blue dots are the existing street lights

The public lighting budget is generally used to fill gaps in the public lighting network in urban areas to assist pedestrians using footpaths and naturestrips safely. To be cost effective, 10 to 15 lights are installed on existing poles in an area, resulting in an average cost per light of $1,370. Powercor were requested to quote to install a light at this intersection. As there is no nearby infrastructure, they have costed to run underground power from the closest available location, which is a distance of 65m from the proposed new light pole. The quote is for $12,930.

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Resource Implications

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

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2. PRESENTATION AND MANAGING GROWTH

2.1 42-44 GALVIN STREET, BENDIGO 3550 - DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF A FOUR STOREY BUILDING COMPRISING 8 DWELLINGS

Document Information

Author Shannon Rosewarne, Senior Planner Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Summary/Purpose

Application details: Demolition of existing buildings and construction of a four storey building comprising 8 dwellings

Application No: DR/912/2016

Applicant: WRM Purchasing Pty Ltd

Land: 42-44 Galvin Street, BENDIGO 3550

Zoning: General Residential Zone

Overlays: Design and Development Overlay 5 Heritage Overlay 5

No. of objections: 6

Consultation meeting:

7 March 2017

Key considerations: Planning policy

Heritage significance of the precinct

Design and Development Overlay 5 and Bendigo CBD Strategy

ResCode compliance

Neighbourhood character

Car parking

Conclusion: The application is recommended for refusal on the basis that it represents an unacceptable planning outcome with regard to neighbourhood character, ResCode, Council’s Heritage Policy, the Heritage Overlay and Design and Development Overlay.

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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Refusal to Grant a Permit for the demolition of existing buildings and construction of a four storey building comprising 8 dwellings at 42-44 Galvin Street, BENDIGO 3550 on the following grounds: 1. The development will adversely impact the significance and appearance of the

heritage place, contrary to Clauses 15.03, 21.08, 22.06 and 43.01 of the Greater Bendigo Planning Scheme.

2. The proposal does not comply with the height and setback requirements and does not meet the objective to provide for active frontages to streets as set out in Schedule 5 of Clause 43.02 of the Greater Bendigo Planning Scheme.

3. The proposal does not comply with ResCode (Clauses 55.02-1, 55.03-2, 55.03-3, 55.03-4, 55.03-8, 55.04-1, 55.04-2, 55.04-8, 55.05-2) of the Greater Bendigo Planning Scheme.

4. The proposal does not comply with Clause 22.11 (Central Bendigo Residential Character Policy) and is inconsistent with the purposes of Clause 32.08 (General Residential Zone) which calls for new development to respect neighbourhood character.

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

CARRIED

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

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.

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Report

Subject Site and Surrounds

The site is located on the corner of Galvin and Williamson Streets, Bendigo. It is known as 42-44 Galvin Street and comprises two parcels, with a total area of approximately 694 square metres. It is an irregular shaped site with a frontage of approximately 30.4 metres to Galvin Street and 23.07 metres to Williamson Street. There is a level change of approximately 1 metre between the site and the adjoining footpath on Williamson Street. Williamson Street is a collector road zoned Road Zone 2 and is managed by City of Greater Bendigo. The site is currently occupied by a galvanised iron shed, carport and small office building which are proposed to be demolished. Historically the site has been used for purposes including caravan and motor vehicle sales. The site has two crossovers onto Galvin Street. The site abuts the Bendigo-Melbourne railway line to the north west. The railway land is zoned Public use Zone 4 (Transport) and beyond this there is a public car park. Adjoining the site to the south west is a single storey brick dwelling dating to 1975. The north-west and south-east corners of the Williamson and Galvin Streets intersection contain single storey Victorian polychrome brick dwellings. The individually heritage listed former East Sandhurst Congregational Church sits diagonally opposite the subject site, with a polychrome Victorian brick house adjacent to this at No. 47 Galvin Street. Further along the southern end of Galvin Street there is a mix of dwelling styles and eras. Development in the surrounding residential area is predominantly single storey.

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

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

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Proposal

The proposal involves the demolition of existing buildings on the site and the construction of a new, four storey building comprising 8 apartments. The design of the building is contemporary and features a mansard style roof form, cork cladding, black brick, render, breeze brick, timber battens, with aluminium framed doors and windows. The proposed development would have a height of 13.5 metres to natural ground (site) level. The ground floor would comprise a two bedroom apartment with a deck, a 14 space car park, bin storage area, bicycle parking, staircase, lift and service area. The first and second floors would each contain two, three bedroom apartments and one, two bedroom apartment. The third floor would comprise one large apartment comprising three bedrooms and a study. The roof top would contain a terrace area to be used in association with the apartment on the third floor. Vehicle access to the site will be via a single 5.8 metre wide crossover off Galvin Street with the garage at ground level containing 14 car spaces and 11 bicycle spaces.

Figure 2: Ground floor plan

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Figure 3: First floor plan

Figure 4: Second floor plan

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Figure 5: Third floor plan

Figure 6: Rooftop plan

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Figures 7 & 8: Elevation plans

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

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

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

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

Planning Controls - Greater Bendigo Planning Scheme

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

11 Settlement

11.07 Regional Victoria

11.14 Loddon Mallee South

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15.01 Urban environment

15.02 Sustainable development

16.01 Residential development Municipal Strategic Statement

21.02 Key issues and influences

21.04 Strategic directions

21.05 Compact Greater Bendigo

21.08 Environment

Local Planning Policies

22.11 Central Bendigo Residential Character Policy

22.06 Heritage Policy Other Provisions

32.08 General Residential Zone

43.01 Heritage Overlay

43.02 Design and Development Overlay

52.06 Car parking

52.34 Bicycle facilities

55 Two or more dwellings on a lot

65 Decision Guidelines A permit is required to construct two or more dwellings on a lot under Clause 32.08-6 under the General Residential Zone. A permit is required to demolish buildings, construct buildings and carry out works under Clause 43.03-1 of the Heritage Overlay. A permit is also triggered for buildings and works under Clause 43.02-2 of the Design and Development Overlay.

Consultation/Communication

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

Referral Comment

VicTrack The proposed development is not set back from the abutting railway land. The proposed development is not setback from the common boundary and relies on VicTrack land for light and air. It is recommended that the plans be amended to allow for a minimum 1m setback. Recommended a number of conditions be included on the permit, if approved.

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

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Referral Comment

Heritage Advisor The proposal was supported.

"The proposal is much larger than anything else on the street. It is more in keeping with the buildings on McLaren St in the commercial zone on the opposite side of the railway line.

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

Williamson Street is a wide main road which feeds into the CBD. The corner site has a strong visual connection to the CBD and the larger buildings on McLaren Street. Because this is a prominent site it is not unreasonable for it to contain a prominent building. The proposed residential use is appropriate for the street and the scale of the building is appropriate for the city. The scale should not diminish the value of the precinct. It will change views along both streets but should not distort an understanding of the original pattern of development in the area.

The proposed building design is a well-articulated and reasonably sculptural solid block, split into four with large cut-outs and voids. The wall and roof planes slide into one another so that the top of the building references the traditional pitched roofs of the area from some angles.

The proposed cork cladding echoes the rich tones of the face brickwork in the surrounding historic buildings and introduces an interesting new, environmentally sustainable material into the palette of architectural finishes found in Bendigo.

Although the 3D drawings present a picture of a homogeneously brown and somewhat monotonous building surface, the natural mottled character of the cork, the natural timber screens, black brick and large areas of recessed glazing will break up the elevations to a greater extent than can be shown on a CAD generated image."

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Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising, 6 objections were received, with the grounds of objection summarised as follows: Heritage

Concerns about the development negatively impacting on the heritage precinct and streetscape.

HO5 applies and the site is near a number of Victorian era single storey dwellings of heritage significance.

Development will overlook/dominate an unbroken row of significant Victorian-era buildings on the opposite side of Galvin Street between Williamson Street and Cobden Street and will adversely impact on the heritage character of the east side of Galvin Street.

The development will detract from the heritage character of the precinct and its relatively low scale environment.

Intrusion of multi storey apartments in designated heritage areas reduces the appeal of the area and property values.

Houses on the other three corners at the intersection are older style buildings which are the beginning of the residential hinterland of the city and subject to a HO. Residential development should be low scale as per the surrounding area. This building will detract from the built environment.

The building adversely affects the heritage streetscapes and heritage views of Bendigo. The size of the building should be reduced back to the specified height of 9 metres.

Amenity impacts

Concerns regarding overshadowing.

The proposed development is an overdevelopment of site, including that the proposal relies on the naturestrip for landscaping due to the size of the building footprint.

Concerns about building bulk and views of the skyline.

Objector's property at 43-45 will be overlooked from the upper levels of the development, including the rear side courtyard on Barry Street.

Traffic and parking

Concerns about increased traffic to the area.

There should be a restriction on height of buildings in older residential areas.

Application documentation contains errors and omissions.

Concerns that the building is not in keeping with existing neighbourhood character.

Loss of amenity due to increased parking/traffic, no provision for visitor parking. There is a shortage of on street parking available.

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Neighbourhood Character

4 storey building out of character with the surrounding single storey dwellings in terms of bulk and height and exceeds heights for buildings in the area by 50-60%.

The site is a gateway location and the design is critical.

Development will be built right to the Galvin Street building line, because of its height and bulk it will become the dominant structure in Galvin Street.

Galvin Street has a strong sense of place and the character of the buildings (single storey cottages) forms part of that.

The streetscape of Galvin and Williamson Streets is largely one of single storey, early 20th century residential homes. The site is particularly important as it is elevated.

Williamson Street has a streetscape of continuous Victorian era terraces and this is completely inconsistent with the proposed development.

The site is clearly not in the CBD. The south eastern side of the railway line is entirely residential. The argument that the building is comparable to commercial buildings in the CBD should be ignored. The development must be considered as a residential development and meet the appropriate requirements.

Concerns about building height

The site is located on the top of a rise which will make the development appear higher.

Objection to varying the preferred maximum building height.

The proposed building will dominate not only the surrounding streets but the city skyline.

At 4 storeys and sitting on an elevated site at the peak of the Williamson Street hill, the building would dominate the skyline and destroy heritage views of Bendigo.

DDO5 states that the height of new buildings should fit within Bendigo's character in which the preferred height is a maximum of 9 metres from the surrounding roadways, whereas the proposal is approximately 14 metres in height.

The building should not be so high so as to dominate over surrounding buildings.

Car park level could be underground so that the top of the building does not exceed the preferred 9 metres maximum height.

Whilst the 9 metres height provision is not mandatory, it is clearly in the planning scheme for a reason; to protect surrounding residents from overdevelopment. The development will ruin the streetscape, changing the current dominant heritage feel of a row of Victorian era cottages, devaluing properties.

At least one floor should be removed from the development or they should be required to dig the car park level underground so the maximum height is no more than 9 metres above street level.

Other

Concerns about the extent of public notice given.

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

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Planning Assessment

Planning policy The following clauses of the State and Local Planning Policy Framework and Municipal Strategic Statement are relevant in the consideration of this application. Clause 11 (Settlement) states that planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. It also states that planning is to facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities. The proposal supports these objectives. Clause 11.07 (Regional Victoria) aims to develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable. Clause 11.14 (Loddon Mallee South) identifies Bendigo as a regional city and strategies include supporting Bendigo as the major population and growth hub for the region, and facilitating increased commercial and residential densities, mixed use development and revitalisation projects for underutilised sites and land in Bendigo. The proposed development will support the demand for housing as a result of population growth in the municipality. Clause 15.01-5 (Cultural identity and neighbourhood character) seeks to recognise and protect cultural identity, neighbourhood character and sense of place. Strategies to achieve this objective include:

Ensuring development responds and contributes to existing sense of place and cultural identity.

Ensuring development recognises distinctive urban forms and layout and their relationship to landscape and vegetation.

Ensuring development responds to its context and reinforces special characteristics of local environment and place by emphasising: - The underlying natural landscape character. - The heritage values and built form that reflect community identity. - The values, needs and aspirations of the community.

There are concerns that the proposal is not consistent with the existing or preferred neighbourhood character and has not been designed to recognise its context within a residential precinct with heritage qualities. Clause 15.03-1 (Heritage conservation) aims to ensure the conservation of places of heritage significance. Relevant strategies to achieve this objective include encouraging appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations, retaining those elements that contribute to the importance of the heritage place, and ensuring an appropriate setting and context for heritage places is maintained or enhanced. The site forms part of a heritage precinct. One of the main concerns with this application is that it will not produce an acceptable heritage outcome. This is discussed in detail later in this report.

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Clause 16.01 (Residential development) promotes a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is energy efficient. Clause 16.01-4 (Housing diversity) seeks to provide for a range of housing types to meet increasingly diverse needs, with one of the strategies to achieve this being to encourage the development of well-designed medium density housing which respects the neighbourhood character, improves housing choice, makes better use of existing infrastructure and improves energy efficiency of housing. The Greater Bendigo Residential Strategy (2014) encourages urban consolidation in areas which have good access to local services and facilities. A key component of the Strategy is implementing the concept of ‘10 minute neighbourhoods’ around activity centres. Clause 21.05 (Compact Bendigo) encourages ‘10 minute neighbourhoods’ which are attractive and feature well designed residential and mixed use developments, offer a range of housing choices, convenient access to public transport and activity centres, and have community and commercial facilities that are highly accessible by a variety of transport modes, in particular walking and cycling. This clause states that “a 10 minute neighbourhood is an identifiable community where people can access many (but not necessarily all) of their daily needs within a 10 minute walk or cycle trip from where they live. Daily needs can include shops, schools, employment, a range of community facilities and public transport.” The location of this proposal meets the elements of a 10 minute neighbourhood. Strategies include supporting proposals for well-designed residential development that provide a diversity of dwelling choices including higher density residential development and are accessible to activity centres and activity nodes or public transport. This development proposes 8 apartments on the edge of the Bendigo CBD, a location which is supported by this policy statement. The site is well located to take advantage of a range of services and facilities and public open space. Clause 21.08 (Environment) recognises the role that heritage plays in the municipality. It states that “Greater Bendigo has a large number of significant heritage assets of local, state and national significance. There are buildings, sites and precincts dating from all decades of post-contact settlement since the 1850’s, following the discovery of gold, throughout the municipality. The total complex of buildings, infrastructure, urban spaces and natural resources represent the most significant asset and resource in central Victoria. Heritage is an important part of the economy of the municipality due to its role in attracting tourists, renovators and new residents who bring economic development initiatives and assets.” Clause 22.06 contains the City’s Heritage Policy. It is policy to:

Consider applications against the Greater Bendigo Heritage Design Guidelines, August 2015 including Statements of Significance for Miners’ Cottage Style, Bendigo Boom/Victorian Style, Federation Style and Inter-war Style.

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

Ensure that the design of new buildings responds to the context of the heritage precinct and nearby contributory buildings including scale, height, mass, form, siting, setbacks and materials.

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Encourage new development within a heritage precinct that is contemporary in appearance and that does not mimic historic styles or details.

An assessment of the proposal against the policy and relevant design guidelines is provided later in this report. The Central Bendigo Residential Character Policy at Clause 22.11 is a relevant consideration for this application. The site is within the Central Bendigo 1 Precinct which is described as follows: “The area forms part of the inner ring of suburbs that exemplify the distinctive character of early Bendigo. Most of the housing is from Victorian, Edwardian and Inter-war periods, and much of it is weatherboard with picket fences creating a modest ‘cottage’ character, which lends an attractive consistency to the area. Most houses are closely spaced and close to the street, providing an intimate, pedestrian-friendly environment. The grid street pattern has adjusted to the alignment of two creeks, which are prominent features of the landscape. Much of the area has heritage significance.” The statement of desired future character is: The cottage feel and heritage qualities of the streetscapes will be maintained and strengthened.

Objective Design Responses

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

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

Comment: Complies. The site does not contain any significant buildings.

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

Prepare a landscape plan to accompany all applications for new dwellings. Minimise paved areas, particularly in front of dwellings.

Comment: The proposal does not comply with this objective. A landscape plan has been prepared as part of the application, however there is minimal opportunity for landscaping on the site due to the small setbacks. Whilst the proposed landscaping within the naturestrip will provide for a landscaped setting and will complement the development, the use of public space to provide for a landscaped setting for the development is not considered an equitable or an appropriate planning outcome and supports the view that the proposal is an overdevelopment of the site.

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

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

Comment: The proposal does not comply with this objective. The proposed front setback to Galvin Street is 2 metres, with the first and second floors to overhang this setback to the title boundary. This is not consistent with the intent of the policy to provide for consistent setbacks within the streetscape.

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Objective Design Responses

To maintain the rhythm of dwelling spacing.

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

Comment: The proposal does not comply with this objective. The building will be constructed to the south west boundary and will have a setback of 1 metre to the north east boundary, although the first and second storeys will overhang into this setback to the boundary line.

To minimise the dominance of car storage facilities.

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

Comment: Complies. One garage for all on site parking is proposed, with access to it provided off Galvin Street. The garage door will have a black timber finish and a width of 5.8 metres. The garage will not be a dominant feature of the development.

To respect the identified heritage 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: The proposal does not comply with this objective. The principle heritage characteristics of the area are the use of red face brickwork, the scale of the dwellings and the generous grass verges, typical of country towns. The predominant building forms in the surrounding residential area are single storey. As noted by the City’s Heritage Advisor, the proposal is much larger than anything else on the street and is more in keeping with the buildings on McLaren Street in the commercial zone on the opposite side of the railway line. The proposal is not reflective of the heritage qualities of the streetscape or nearby buildings in terms of building form, roof form or materials.

To ensure that buildings and 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: The proposal does not comply with this objective. The site is situated in a prominent location and the development will be dominant within the Galvin Street and Williamson Street streetscapes due to the significant difference in height between the proposed apartment building and the surrounding development, the majority of which is single storey.

To use building materials and finishes 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.

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Objective Design Responses

Comment: The materials used in the surrounding area are brick and weatherboard. The proposed building materials include black brick, breeze brick, timber cladding and cork cladding. The proposal introduces different materials and finishes to the predominantly used materials and finishes in the surrounding area. The main material used on the exterior is cork tile, which is not found in the immediate area. The application states that the colour and texture will appear similar to untreated timber or a natural brick finish. There is scope to introduce new materials to the heritage precinct as part of an infill development.

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

Provide open style front fencing appropriate to the building era. Front fences should not exceed 1.2 metres other than in exceptional cases.

Comment: No front fences are proposed.

Heritage Part of the site is affected by a Heritage Overlay (HO5 – Hopper Street Precinct). The purposes of the Heritage Overlay include conserving and enhancing heritage places of natural or cultural significance, and ensuring that development does not adversely affect the significance of heritage places. The statement of significance for this heritage precinct is contained within the Bendigo and Eaglehawk Heritage Study. It states:

“The precinct is fairly representative of Bendigo's inner suburbs of the gold-era (late 19th and early 20th centuries,) with dominantly timber construction and hillside topography providing the visually cohesive housing stock with variety of siting and elevation. Intermixed with these houses are landmark sites such as the former Congregational Church which lend differences of scale and materials within the Victorian and Edwardian-era idiom.” The majority of the objections raised concerns about the impact of the development on the streetscape and heritage precinct.

The application has been assessed against the decision guidelines of the Heritage Overlay, in addition to the City’s Heritage Policy at Clause 22.06 and the Greater Bendigo Heritage Design Guidelines (August 2015), an Incorporated Document within the Planning Scheme. One of the objectives of the Heritage Policy is to ensure that new development is sympathetic with the appearance and character and maintains the significance of heritage places, including surrounding precincts. In relation specifically to infill development, or new buildings, it is policy to:

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

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Ensure that the design of new buildings responds to the context of the heritage precinct and nearby contributory buildings including scale, height, mass, form, siting, setbacks and materials.

Encourage new development within a heritage precinct that is contemporary in appearance and that does not mimic historic styles or details.

Despite the Heritage Advisor’s view that the proposal is acceptable, in the assessing officer’s opinion the proposal is at odds with the City’s Heritage Policy as it is not consistent with the predominant scale and pattern of development in the precinct and the proposal will dominate the heritage precinct. It is considered that the proposal fails to meet the first two policy statements listed above. It is acknowledged that a contemporary design for an infill development can be acceptable within a heritage precinct, however the main concerns with this particular proposal are the scale, height and massing of the development, which is more reflective of nearby commercial developments than the surrounding residential development within the heritage precinct. The City’s Heritage Design Guidelines for infill development state that the design of a new building should consider the prevailing built form which contributes to the significance of the Heritage Overlay area, with specific regard to front and side setbacks, rhythm and orientation to the street, form and massing, height and scale, materials and finishes, window and door openings, architectural detailing, fencing and car parking and landscaping. The guidelines state that where the heritage precinct’s characteristics are diverse, with variations in style, form, materials, scale, massing and height then the design parameters may be greater than in consistent areas or streetscapes.

The City’s Heritage Advisor has noted that “the streetscape is eclectic and includes the presence of the railway line, views through to the CBD, as well as a variety of building types and fences. There is no really consistent visual pattern of development or architectural style. The scale of dwellings is modest but the church and the block of flats introduce larger elements into the mix.” Whilst there is a mix of dwelling styles and eras within the precinct and Galvin Street itself, development in the precinct is predominantly low scale and single storey in height, with a few two storey or larger buildings. Buildings are generally set within grounds, allowing for landscaping in front and rear yards, although it is acknowledged that some cottages have relatively small setbacks and are attached constructions with no separation between them. The design response does not reflect the predominant characteristics of the heritage precinct in terms of form, scale, height, massing and setbacks, but instead draws on the commercial development on the northern side of the railway line which is generally of a much larger scale than the dwellings on the southern side. The height of the development and its elevated position mean it would be significantly higher than any of the larger buildings within the precinct. The development’s minimal setbacks at ground level, with upper storeys encroaching to the title boundaries, is not consistent with the pattern of development within the precinct.

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Rather than being visually recessive, the scale of the development will dominate the contributory buildings within the precinct. Design and Development Overlay The site is affected by Schedule 5 to the Design and Development Overlay. This overlay relates to the Central Business District area. The objectives of the overlay are:

To allow for increased development densities while ensuring that the heights of new buildings fit reasonably with Bendigo’s character and protect the amenity of public spaces.

To ensure the heights of new buildings are generally consistent with the ‘low rise’ character of the CBD while responding to substantial heritage buildings in some locations.

To protect streets and other public spaces from overshadowing by new development.

To ensure that the built form of new development contributes to the CBD’s physical environment by controlling building front and side setbacks.

To promote active frontages to streets, walkways and public spaces.

To ensure street spaces are safe, welcoming and provide weather protection for footpaths in the areas of highest pedestrian activity.

The site forms part of precinct H1 in the DDO5, where the preferred maximum building height is low scale (up to 9 metres) to allow for development consistent with the traditional low rise character of the area. A permit may be granted to vary the preferred maximum building height where it can be demonstrated that the variation:

Meets the design objectives of this schedule;

Protects heritage places on the site or in proximity to the site; and

Achieves the visions and objectives of the Bendigo CBD Plan 2005. The proposed maximum height of the development is 14.5 metres when measured from footpath level on Galvin Street (as required under the overlay), which exceeds the preferred maximum height of 9 metres for this precinct by 5.5 metres. Whilst the overlay allows for variations from this preferred height, it is considered that the scale and height of this building is not appropriate for the precinct. The proposal does not provide for active frontages at ground level. Much of the frontage to Galvin Street will be taken up by screening walls for service/storage areas and the garage door, with only two bedroom windows presenting to the street and the main entrance, which is relatively unremarkable. The Williamson Street elevation provides for three windows at ground level, however the design of the development provides for very little integration or activation of the street. The site falls within Precinct K of the Bendigo CBD Plan (2005) which states that this precinct “will accommodate a range of new housing including higher density development, taking advantage of recent and on-going improvements to the station and better connections to other areas in the CBD.”

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Under the DDO5, new development and/or extensions to existing buildings must provide active street frontages on ground level, and development must comply with the setbacks specified in the overlay (Building frontages, setbacks and weather protection). This is a mandatory requirement of the overlay. In not meeting this requirement, the proposal will result in a poor outcome. The site is within precinct S2 (Buildings within grounds) where there is a requirement to provide front and side landscaped setbacks consistent with adjoining buildings unless no set back or a non-landscaped set back is required to protect the heritage place on the site or adjoining the site. The site does not adjoin a contributory building, however the site forms part of a heritage precinct, which is regarded as a heritage place. The proposal provides for a setback of 2 metres to Galvin Street and 1 metre to Williamson Street at ground level, with the upper storeys encroaching into this setback, to the title boundaries. While the adjoining development at 46-52 Galvin Street has a setback of 2 metres, which has been replicated for the proposed development, the upper levels encroach into this setback; therefore the development does not meet the requirement for buildings to be set within grounds. The application has been considered against the decision guidelines of the overlay. Whilst the proposed development is an interesting contemporary architectural design, this must be weighed against how the proposal meets the objectives and requirements of the overlay overall, in addition to other relevant policy considerations. As noted above, the preferred height and mandatory setback requirements are not met by the proposal. The application has not demonstrated how it is implementing sustainable development principles. While the proposal has satisfactorily addressed overlooking impacts through screening measures, there are concerns about the level of overshadowing to the adjoining property and adjoining public space resulting from the development and whether the proposal reasonably protects the future development potential of the adjoining property. Traffic and car parking Some of the objections raised concerns about increased traffic as a result of the development and a lack of car parking. Under Clause 52.06 of the Planning Scheme, there is a requirement for two car spaces for dwellings with 3 or more bedrooms, and 1 car space for dwellings with up to 2 bedrooms. Visitor car parking is required for 5 or more dwellings at a rate of 1 space per 5 dwellings. As such, this development is required to provide a total of 14 spaces, comprising 13 spaces for the dwellings and 1 visitor space. The proposal provides for 14 spaces; however no visitor spaces have been designated. All of the proposed car spaces will be allocated to dwellings. 'No standing' signs exist in front of and opposite the site on Galvin Street, and as such it will not be possible for visitors to park in these locations. Parking elsewhere on Galvin Street is unrestricted and it is considered that there is sufficient on-street parking available to provide for the one visitor space the development requires.

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Six of the on-site car spaces will be tandem spaces, however this approach is acceptable as these spaces will be allocated to particular apartments. The proposal also provides for 11 bicycle spaces which exceeds the requirement under the Planning Scheme to provide for 1 space to each 5 dwellings in a development of four or more storeys. ResCode Clause 55 sets out the relevant standards and objectives to assess internal and external amenity provision/protection, neighbourhood character/design detail and building siting considerations (i.e. site coverage, overshadowing, wall heights, boundary setbacks, etc.). Compliance with the objectives of Clause 55 is a mandatory requirement for residential developments within the General Residential Zone.

Clause 55.02-1 Standard B1 - Neighbourhood character

Galvin Street and the surrounding residential area is characterised by dwellings set within gardens, many of which are heritage buildings. Dwelling styles and materials vary according to era, but materials are typically weatherboard or brick. Roof forms are mostly hipped or gabled forms.

The proposed development will present to Galvin Street and Williamson Street. Whilst the design of the development is contemporary and not reflective of the surrounding heritage dwellings, this is not necessarily inappropriate. However, the scale of the development is of concern and not reflective of development in the surrounding area.

The scale of the development is more reflective of commercial development to the north of the railway line.

Clause 55.03-1 Standard B6 Street setbacks

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

Clause 55.03-2 Standard B7 Building height

The maximum height allowed under this standard is 9 metres. The overall height of the development is 13.5 metres to natural ground level. This is a significant difference in height in relation to the predominant height of the surrounding development. The topography of the area means that the site is also elevated, with a level difference of approximately 1 metre from the naturestrip in Williamson Street.

The development will dominate both the Galvin Street and Williamson Street streetscapes. The wall height of the building extends between 9 and 12 metres to the top of the third storey, due to the unusual roof form, before the fourth storey is recessed.

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Clause 55.03-3 Standard B8 Site coverage

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

Clause 55.03-4 Standard B9 Permeability

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

Clause 55.03-8 Standard B13 Landscaping

There is no significant vegetation existing on the site. Whilst a landscape plan has been submitted for the proposal, there are limited opportunities for planting on the site itself due to the minimal setbacks proposed and the footprint of the development. Proposed landscaping for the site itself includes groundcovers and low shrubs, with the plans also showing proposed landscaping within the naturestrip, comprising street tree planting, lawn, stone mulched areas and ground cover plantings.

Objectors have raised concerns that the development is relying on public space to provide for landscaping. The landscape character of the neighbourhood is dwellings within grounds, although it is acknowledged that some cottages only have small front setbacks. The proposal is not consistent within this landscape character and does not provide for ‘grounds’ around the building as the setbacks are minimal (2 metres to Galvin Street and 1 metre to Williamson Street with upper floors encroaching to the title boundaries) and the building takes up the majority of the site.

Clause 55.04-1 Standard B17 Standard side and rear setbacks

The objective of this standard is to ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

The proposal does not meet the setbacks and objective under this standard. The second storey protrudes into the required setback to the south western boundary. The proposed setbacks impact on the adjoining property to the south west with regard to visual bulk, and to some degree overshadowing. The setbacks are not consistent with the established or preferred neighbourhood character.

Clause 55.04-2 Standard B18 Walls on boundaries

The overall objective of this clause is to ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings. The proposed development exceeds the allowable length of wall on a boundary under this standard. The standard allows building on the south western boundary for a maximum length of 13.14 metres. The plans show a 3 metre high wall on this boundary for a length of 20 metres.

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The length and height of the wall on the south western boundary will result in some overshadowing to the adjoining dwelling’s private open space in the mornings. The height and length of this wall will also have an impact on the adjoining property in terms of visual bulk.

The proposal also exceeds the allowable length and height of a wall on a boundary for the north western boundary, which abuts the railway line, at a length of 21 metres, exceeding the allowable length of 15.1 metres, and exceeding the allowable height of 3.2 metres with a proposed height of 9 metres.

Clause 55.04-6 Standard B22 Overlooking objective

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

Clause 55.04-8 Standard B24 Noise impacts

The site adjoins the railway line to the north west. Bedrooms and private open space areas will be located immediately adjacent to the railway line. While the plans show double glazing for some bedroom windows and sliding doors for living areas on the north western elevation, this has not been consistently applied to each habitable room which faces onto the railway line on this elevation and should be required as a condition of permit, if approved.

Noise from the car park on the ground level may impact Apartment 1, which directly adjoins it. It is not clear whether any specific construction measures are proposed to address this.

Clause 55.05-2 Standard B26 Dwelling entry

The objective of this clause is to provide each dwelling or residential building with its own sense of identity. Under the standard, entries to dwellings and residential buildings should be visible and easily identifiable from streets and other public areas and provide shelter.

A pedestrian entrance to the development is located on Galvin Street, which provides access to the lobby area. There are concerns that the entrance is not well identified and obvious within the streetscape. Further articulation of the entry could be required as a condition of permit in the event the proposal is approved.

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Clause 55.05-4 Standard B28 Private open space

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

Clause 55.05-5 Standard B29 Solar access to open space

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

Conclusion

While the site is well located within central Bendigo to take advantage of existing infrastructure, services and facilities, public open space, schools and transport, and planning policy supports higher density development close to activity centre locations; the General Residential Zone, Clause 22.11 and Clause 55 of the Planning Scheme require that new development respects the neighbourhood character of the area. The site forms part of a heritage precinct and is situated in a prominent location. The scale and height of the proposal is not consistent with the surrounding development and it will dominate the heritage precinct. The proposal does not satisfy the requirements of the Design and Development Overlay 5 with regard to height and setbacks. The proposed development also fails to comply with a number of ResCode standards and objectives. It is recommended that this application be refused on the basis that it represents an unacceptable planning outcome with regard to neighbourhood character, ResCode, Council’s Heritage Policy, the Heritage Overlay and the Design and Development Overlay 5.

Options

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

Attachments

Objections

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2.2 LOT 2 OF PLAN OF SUBDIVISION 723636 V - EMU CREEK ROAD), STRATHFIELDSAYE 3551 - APPROVAL OF A DEVELOPMENT PLAN (SCHEDULE 26); THE STAGED SUBDIVISION OF LAND INTO NOT MORE THAN 119 LOTS; REMOVAL OF NATIVE VEGETATION AND REMOVAL OF EASEMENT

Document Information

Author Peter O'Brien, Coordinator – Planning Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Summary/Purpose

Application details: Approval of a Development Plan (Schedule 26); the staged subdivision of land into not more than 119 lots; removal of native vegetation and removal of easement.

Application No: DS/337/2017

Applicant: Spiire Australia Pty Ltd

Land: Lot 2 of PS 723636 V Emu Creek Road, STRATHFIELDSAYE 3551

Zoning: General Residential Zone (GRZ); and Low Density Residential Zone (LDRZ)

Overlays: Development Plan Overlay Schedule 26 (DPO), Design and Development Overlay Schedule 6 (DDO), Vegetation Protection Overlay Schedule 1 (VPO) and Bushfire Management Overlay (BMO)

No. of submissions: 8

Consultation meeting:

7 December 2017. Eppalock Ward Councillors were apologies.

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

The merits of Development Plan under Schedule 26;

Can the lots be appropriately serviced, accessed (including consideration of impacts on the broader road network) and meet the requirements of clause 56?; and

The provision of open space.

Conclusion: The Development Plan, subject to the amendments noted

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below is satisfactory, and the permit application represents an acceptable planning outcome, subject to conditions, having due regard to the requirements of the Planning Scheme.

RECOMMENDATION:

A. Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to approve the Development Plan under Schedule 26 which will allow the staged subdivision of land into not more than 119 lots; removal of native vegetation and removal of easement subject to the following amendments: i. Lots 1-6 (inclusive) be consolidated into 4 lots and have frontage to the drainage

reserve/ open space; ii. The drainage reserve/open space reserve be expanded so as to adjoin lots 24-

26 (inclusive); iii. Lots 24-29 (inclusive) to be reconfigured into 7 lots so as to have frontage to the

drainage reserve/open space; and iv. The roundabout to be deleted (to create a three way intersection only) and the

entrance/central road be reconfigured to incorporate a shared bicycle/pedestrian path.

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

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

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

CARRIED Cr Hoskin called for a Division on the voting for the motion. Those in favour: Cr O'Rourke (Mayor), Cr Emond, Cr Flack, Cr Metcalf, Cr Williams, Cr Wrigglesworth. Those against: Cr Alden, Cr Hoskin ABSENT. DID NOT VOTE Cr Fyffe

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

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Policy Context

City of Greater Bendigo Community Plan 2017 – 2021

Goal 4: Presentation and managing growth

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

Goal 6: Embracing our culture and heritage

Recognise and celebrate our unique history and diverse cultures.

Report

Subject Site and Surrounds

The applicant has appropriately described the application site and surrounding area as follows:

“The subject site contains a principal land parcel located at No. 29 Emu Creek Road, Strathfieldsaye which is more formally described as Lot 2 on PS723636 (Volume 11591/Folio 753).

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

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

The site is irregular in shape and encompasses a total site area of 24.11 hectares. The site has two street frontages including a 376 metre frontage to Emu Creek Road (to the west) and 296.88 metre frontage to McCleans Road (to the east).

The topography of the land rises from the west to the east of the site by approximately 8 metres. The lowest depression of the land is within the north western portion of the site along Emu Creek Road where the proposed drainage reserve will be located.

The site is currently void of any buildings or development however is heavily vegetated within the eastern portion of the site. Other remnant patches of native vegetation are also located centrally and within the southern portion of the site.

The subject site is located within an area designated for residential growth within Strathfieldsaye. Land use and development surrounding the site is largely for low density residential purposes and forested land which forms part of the subject site. More conventional style residential development is located further west and north of the subject site.

In addition, the site is located within close proximity of a number of local amenities in Strathfieldsaye, including the local shopping precinct as well as recreation reserves and the Strathfieldsaye and St Francis of the Fields primary schools.

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The Bendigo Central Business District is located approximately 9 kilometres west from the site. In addition, other large scale supermarkets and commercial uses are located approximately 6 kilometres west of the site including the Strath Village Shopping Centre.

A description of the immediate surrounds is provided below:

To the north: is land which also forms part of No. 29 Emu Creek Road however is not included as part of the proposed subdivision. This property is developed with a dwelling, associated outbuildings and a dam along the site's southern boundary (where it abuts the subject site). Further north is forested land located in the Public Conservation and Resource Zone (PCRZ) and commercially zoned and developed land.

Land located to the north of Wellington Road is conventional style residential development which is currently being developed by Villawood.

To the south: is land located in the LDRZ and developed with dwellings on larger allotments. Further south of the site is more low density residential development located in the Rural Living Zone (RLZ).

To the east: is low density residential development located in the GRZ and RLZ.

To the west: is Emu Creek Road, over which is low density residential development on land located in the GRZ. Land located to the west of Emu Creek is land developed for conventional style residential development along Bassett Drive.

The commercial precinct is located approximately 450 metres to the north west of the subject site”.

Proposal

The proposal is for the approval of a Development Plan; the staged subdivision of land into not more than 119 lots; removal of native vegetation and removal of easement. The land is in two zones as shown in Figure 5. The allotments range between 533 square metres and 1,503 square metres (in the part of the site zoned General Residential) with an average size of 697 square metres. Three low density allotments are proposed within the eastern portion of the site which will measure between 2 hectares and 8.2 hectares (in the part of the site zoned Low Density Residential).

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Figure 2: Proposed plan of subdivision.

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

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

Figure 4: Street tree concept plan.

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Figure 5: Application site and zoning.

Planning Controls - Greater Bendigo Planning Scheme

Two approvals are being sought:

Firstly a Development Plan (under schedule 26) has been applied for. This is an Overlay applied to land rezoned following the completion of the Strathfieldsaye Structure Plan. A permit application in ‘general accordance’ with a Development Plan is exempt from third party review i.e. submitters cannot appeal the Council decision (if approved) to the Victorian Civil and Administrative Tribunal.

Secondly, a Planning Permit has also been applied for. The planning permit is required under the Greater Bendigo Planning Scheme for the following reasons: General Residential Zone, Low Density Residential Zone, Bushfire Management

Overlay and Design and Development Overlay all state that a permit is required to subdivide land;

Clause 52.17 and the Vegetation Protection Overlay state a permit is required to subdivide land; and

Clause 52.02 states a permit is required to remove an easement. The following clauses are relevant in the consideration of this proposal:

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State Planning Policy Framework

11 Settlement

11.07 Regional development

11.14 Loddon Mallee South Regional Growth

12.01 Biodiversity

13.05 Bushfire Planning

14.02 Water

15.01 Urban environment

15.02 Sustainable development

16.01 Residential development

18.02 Movement networks

19.03 Development infrastructure Municipal Strategic Statement

21.01 Municipal profile

21.02 Key issues and influences

21.04 Strategic directions

21.05 Compact Greater Bendigo

21.08 Environment

21.09 Integrated Transport and Infrastructure

21.10 Reference documents (Strathfieldsaye Township Plan, 2009) Local Planning Policies

22.01 Development at the Urban Forest Interface Policy

22.04 Salinity and Erosion Risk Policy Other Provisions

32.02 Low Density Residential Zone

32.08 General Residential Zone

42.02 Vegetation Protection Overlay (Schedule 1)

43.02 Design and Development Overlay (Schedule 6)

43.04 Development Plan Overlay (Schedule 26)

44.06 Bushfire Management Overlay

52.01 Public Open Space Contribution and Subdivision

52.02 Easements

52.17 Native vegetation

56 Residential Subdivision

65 Decision Guidelines

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Consultation/Communication

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

Referral Comment

Powercor No objection subject to conditions

Coliban Water No objection subject to conditions

Tenix No objection subject to conditions

Country Fire Authority No objection subject to conditions

Downer Utilities No objection subject to conditions

Transport for Victoria No response by the time the report was settled

Department of Environment, Land, Water and Planning

No objection subject to conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Public Space Design No objection subject to conditions

Public Notification The permit applicant was directed to informally give notice of the Development Plan. This process is in accordance with a 2006 Greater Bendigo City Council resolution directing that informal notice of a Development Plan be given so that the community has the opportunity to make submissions in support or otherwise of a Development Plan proposal A total of 8 submissions were received which raised the following issues/concerns:

Proposed lot sizes not in keeping with the surrounding streetscape character and overdevelopment of the site;

Inconsistency with the Strathfieldsaye +25 Community Plan and Development Plan Overlay;

Traffic concerns;

Stormwater and drainage concerns;

Removal of easements;

Lack of open space and play equipment; and

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

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Planning Assessment Is there policy support (State and Local) for a subdivision in this location (includes consideration of the Strathfieldsaye Township Plan 2009; Bushfire and Vegetation considerations)? The State Planning Policies which are relevant to this application are previously identified in this report. Clause 11 (Settlement) states that planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. It also states that planning is to facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities. The proposal supports these objectives. Clause 11.07 (Regional Victoria) has an objective to “To develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable”. Clause 11.14 (Loddon Mallee South) identifies Bendigo as a regional city and strategies include supporting Bendigo as the major population and growth hub for the region, and facilitating increased commercial and residential densities, mixed use development and revitalisation projects for underutilised sites and land in Bendigo. The proposed subdivision will support the demand for housing as a result of population growth in the municipality. Clause 12.01 (Biodiversity) relates to the protection of Victoria’s biodiversity and native vegetation management, with the objective of Clause 12.01-2 (Native vegetation management) being to ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. Clause 21.08 (Environment) recognises the importance of Box Ironbark forests in the municipality. This clause notes that “heavily forested areas along with areas of native vegetation on roadsides and waterways, provide an important framework of remnant habitat and wildlife corridors surrounding Bendigo.” Native vegetation on the site will be lost as a result of this proposal and clearly this was contemplated in the course of the rezoning of part of the site to the General Residential Zone under the Strathfieldsaye Township Plan. The applicant supported this element of their application with a technical report prepared by a suitably qualified expert. The report has been vetted by experts at the Department of Environment, Land, Water and Planning who are satisfied that, with the appropriate offset, (to be secured via permit conditions) that the ‘no net loss’ policy objective will be met by this application. The application proposes to offset the removal of vegetation by the creation of a larger lot (8.2 hectares) in the Low Density Residential Zoned portion of the site, the majority of which will be set aside as a ‘first party’ offset site. The location of the lot in the Low Density Residential is also within the Vegetation Protection Overlay Schedule 1 part of the site and the majority of vegetation to be removed is outside the Overlay area in the General Residential zoned portion.

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The first party offset will mean that the balance of the largest lot (lot 3, being 8.16 ha) will be permanently protected against the removal/degradation of vegetation (by way of a registered restriction and active management). Part of the offset will also be via a third party offset on other land. Clause 13.05-1 Bushfire planning strategies and principles has objectives to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. Most of the application site is located within a Bushfire Management Overlay. The applicant supported this part of their application with a Bushfire Management Plan which has been assessed by the Country Fire Authority. The report demonstrates that the policy objectives around safety and the priority of human life are met by this proposal. The effect of approving the Development Plan and Planning permit will mean that future dwellings are exempt from the need to obtain individual permits under the Bushfire Management Overlay as this matter has been considered at the subdivision permit stage. There is a policy tension that exists between Planning Scheme Policies related to vegetation, bushfire and the City’s own Development at the Urban Forest Interface Policy. The latter policy is relevant to this application as the Strathfieldsaye Township Plan resulted in the zoning of the application site changing, but also the introduction of a Design and Development Overlay on part of the General Residential Zone immediately adjoining the line that divides the application site into two zones. The application site is considered to be ‘private’ forest under the City's policy. The policy imperative is that separation between the forest and dwellings/subdivisions be provided. The separation distance is 30 metres and can include a road. The setback which is thus achieved by:

The building envelopes for the subdivision in the Low Density Residential Zone having a 10 metre setback from the proposed road;

The road reserve is noted as being 16 metres wide; and

Lots in the General Residential Zone require a minimum of 4 metres setback for future dwellings.

The principle of having a perimeter road separating the General Residential zoned part of the site from the Low Density Residential Zone is also consistent with best practice for designing subdivisions to meet bushfire planning requirements. Other aspects of the policy and Overlay will be met by the requirements to actively maintain lot 3 for the purpose of meeting the requirements of being a first party offset site. This includes weed and vermin control. The importance of energy and resource efficiency is referenced in Clause 15.02 (Sustainable development). The proposal will make efficient use of existing utilities, and will provide sufficient solar access for new dwellings.

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Clause 15.01 (Urban environment) contains objectives and strategies relating to the design of subdivisions which achieve attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods. The proposal will contribute to a liveable and sustainable community through the provision of a range of lot sizes, and it will support existing activity centres and public transport networks. Clause 16.01 (Residential development) promotes a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is energy efficient. The subdivision of the site into a maximum 119 lots will support an increased residential density which can be appropriately facilitated through the provision of services and infrastructure. The subdivision will increase the availability of housing in a developing part of Strathfieldsaye that has been strategically identified for growth. Land to the west of Sheepwash Creek was previously zoned Rural Living so the rezoning of the application site (and others) is the strategic implementation of the Strathfieldsaye Township Plan that culminated in the application site being rezoned to its current dual zoning. Clause 18.02 (Movement networks) promotes sustainable personal transport, cycling and public transport. The proposal supports these policies as the site is well located to take advantage of existing public transport and the subdivision will provide for (by conditions) a pedestrian/cycle link and footpaths. The site does not have direct access to public transport (the existing, developed parts of Strathfieldsaye are serviced by routes 70 and 71), the closest stop for these routes is in Blucher Street, (which is, at its closest point) approximately 800 metres from the application site. Clause 19.03 (Development infrastructure) identifies the need to provide for social and physical infrastructure in a way that is efficient, equitable, accessible and timely, and encourages the efficient use of existing infrastructure and services. The site is located in an area which can be fully serviced by utilities and is within proximity to a range of established social infrastructure. The land is zoned General Residential and is located within the Urban Growth Boundary. The proposal meets the overarching objectives of the Greater Bendigo Residential Strategy (2014) and clause 21.05 ‘Compact Greater Bendigo’ as it provides for urban consolidation in an area which has reasonable access to local services and facilities.

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

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

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The Strathfieldsaye Township Structure Plan (2009) is relevant to this application and the Plan is a Reference Document in the Planning Scheme. The plan notes that the application site includes both ‘Suburban’ (General Residential Zone in this instance) and ‘Environmental Living A’ (Low Density Residential Zone in this instance). The GRZ does not nominate a minimum lot size and the LDRZ notes a minimum lot size of 2 hectares, which is what the application reflects. Page 29 of the Plan notes one of its strategies as being to encourage “…larger than average lots fronting roads that are located on high points in the landscape or where significant roadside vegetation contributes to the character of the streetscape (as shown in Plan 1)”. The Development Plan Overlay includes a similar requirement making reference to ‘connector roads’ which Emu Creek Road most certainly is, or in time will be. As can be seen in Figure 7 on the previous page, the application site (and Emu Creek Road for that matter), is not shown on the plan as being a location where the ‘larger suburban lots / frontage treatment’ is necessarily applies. The lots proposed under this permit are predominantly 18 and 20 metres wide and 35 metres deep, which is narrower and not as deep as those opposite on Emu Creek Road, though lots of this size accord with the ‘Suburban’ strategic vision for the General Residential zoned part of the site and the ‘Environmental Living A’ vision for the Low Density Residential. Clause 56.03-5 (ResCode) does not note that ‘Character’ is a consideration for subdivisions over 60 lots. The rationale behind this is that a subdivision above that size will create its own character. Whilst not a requirement of clause 56, a purpose of the General Residential Zone and Decision Guidelines note character as being a relevant planning consideration for subdivision applications. As the land was not in a residential zone when the City's Residential Character Study was being undertaken in 2001, the application site is not within a Character Policy precinct. The consideration of ‘Character’ is thus to be guided by the Strathfieldsaye Township Plan and the proposal has been assessed as representing the type of character outcome anticipated for a subdivision in the General Residential and Low Density Residential Zones or ‘Suburban’/’Environmental Living A’ designation given to part of the site under the Township Plan. In balancing competing objectives, it is concluded that the subdivision has a high level of compliance with planning policy for housing and the more specific guidance found in the Township Plan. The application has had due regard to considerations around native vegetation removal and creating safer communities in areas of high bushfire risk. The site is zoned appropriately and is within the City’s Urban Growth Boundary, with the result being there is no compelling reason as to why the site should not be developed as proposed, having regard to policy.

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The merits of Development Plan under Schedule 26; Clause 43.03 Development Plan Overlay – Schedule 26 (Strathfieldsaye Township) states that a permit may be granted before a development plan has been prepared to the satisfaction of the responsible authority to construct a building or construct or carry out works or to subdivide land provided that the applicant can demonstrate that the proposed buildings or works or subdivision will not prejudice future development within the area as generally envisaged in the Strathfieldsaye Township Plan, 2009. The applicant in this case has elected to apply for a Development Plan. Clause 43.04-3 of the Scheme states that a development plan may consist of plans or other documents. This was the form in which the Development Plan (lodged shortly after the planning application) was received. An assessment of the requirements of the Overlay, including the applicant's submission, is on the following pages. It is concluded that, subject to the changes nominated in Recommendation A, the Development Plan ought to be approved.

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

Development Plan Requirement: Development Plan Submission (Applicant):

Site analysis The development plan must include a site analysis plan(s) which sets out the key site features and an assessment of the relevance of each of the site features in informing a design response that responds to the objective for the development plan area.

The applicant relies on the submitted site analysis plan and vegetation assessments submitted in support of the application.

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Development Plan Requirement: Development Plan Submission (Applicant):

The site analysis must include a detailed vegetation survey of all native vegetation that identifies areas of Medium, High and Very High Conservation Significance and scattered trees as assessed using "Victoria's Native Vegetation Management - A Framework for Action". The site analysis may comprise one or more plans to the satisfaction of the responsible authority.

Officer Response: The requirements have been satisfactorily met.

Design response The design response for the development plan area must respond to the findings of the site analysis process and demonstrate that the objective for the development plan will be achieved. The design response must address the following specific requirements:

The site is appropriately zoned for residential development and is identified in various strategic planning policies for residential growth. The proposal is consistent with the surrounding residential use and development and which is evolving more broadly within Strathfieldsaye. Given the environmental sensitivities within the eastern portion of the site, only the western portion of the subject site will be developed for suburban development. Low density residential development (i.e. 3 rural allotments) is proposed within the eastern portion of the site. The subdivision has been designed to complement the existing surrounding neighbourhood character. As mentioned previously the proposed subdivision is consistent with recent land development within Strathfieldsaye, in particular to the north and west of the site. It is submitted that the proposed subdivision will positively respond to the design objectives of the Strathfieldsaye Township Plan and the existing neighbourhood character, through the retention of a large expanse of native vegetation within the eastern portion of the site and provision of allotment sizes and layout which complement the environmental constraints of the site. In particular, the proposed layout aims to facilitate a modern living environment that is community based, safe, attractive and functional.

Officer Response: Subject to the amendments required to the Development Plan and Planning Permit to improve the open space proposed by the proposal, the proposal represents a suitable response to the site and context.

Native vegetation A Native Vegetation Management Plan with recommendations regarding native vegetation retention priorities and any native vegetation proposed for removal. The recommendations for vegetation removal and retention must demonstrate that the three step approach of

An assessment of the vegetation has been carried out by Garry Cheers, Flora & Fauna Consultant & Heather Beever, Cumbre Consulting Pty Ltd a copy of which is provided. In addition, a first party general and specific offset management plan has also been prepared by the above consultants

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Development Plan Requirement: Development Plan Submission (Applicant):

“avoid, minimise and offset” has been followed taking into account:

The health and significance of the native vegetation;

The role and viability of the vegetation within an urban development context;

the ability to create and/or reinforce bio links to connect places of environmental interest and restoration of native habitat along creeks and drainage lines;

Where native vegetation is to be removed, an offset plan must be approved by the responsible authority in consultation with the Department of Environment, Land, Water and Planning as appropriate.

In summary, it will be necessary to clear the existing native vegetation within (predominately) the western and southern portion of the subject site to facilitate the future residential development. A planning permit is required under the provisions of the VPO1 and Clause 52.17 for the removal of native vegetation. The VPO1 affects the eastern portion of the site and seeks to protect and preserve indigenous vegetation and rare and endangered flora and fauna species. This overlay also contains an objective which is to maintain the integrity of the box ironbark vegetation around Bendigo. Measures to minimise the extent of native vegetation removed as part of the proposal has been undertaken. As detailed in the submitted Plan of Subdivision, the eastern portion of the site will not be developed and the native vegetation will be retained. 3 large rural allotments are proposed within the eastern portion of the site which designate building envelopes along the western edge of these allotments. The report describes the proposed removal of native vegetation including 6.25 hectares of remnant patches of native vegetation and 1 scattered tree. The proposal results in a moderate risk-based pathway and is located within location risk area A. It is submitted that the proposed subdivision layout has taken into account the environmental constraints of the site and meets the objectives of Clause 52.17 and the VPO1. The proposed removal of native vegetation and provision of vegetation offsets, is considered acceptable for the following reasons:

The land is zoned for residential development and as such it is not viable for this proposal to completely avoid impacts on native vegetation on site as part of the subdivision. The proposed lots however are of a substantial size to accommodate significant landscape treatments.

The eastern portion of the site will be unaffected by any native vegetation removal.

Given the nature of the proposal for residential subdivision, it is difficult to retain any viable vegetation within the eastern and

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southern portion of the site.

It is considered the provision of offsets will provide a more appropriate outcome in regards to the protection of biodiversity values rather than attempting to retain vegetation in the residential area as it would have little biodiversity value.

Offsets will be provided to compensate for the loss of native vegetation onsite and offsite as deemed appropriate by the responsible authority.

The submitted Vegetation Assessment report has identified appropriate offsets

It was determined that there will be a first party offset site within the eastern portion of the site on proposed Lot 119. This site can provide partial offset for the specific and some of the general offset that is required. The remainder will be offset through third party offsets.

The first party offset site is mapped for Dark

Wire-grass in the northern section and is adjacent to a vegetated block mapped for Dark Wire-grass that the current landholder intends to retain.

Officer Response: The Development Plan has appropriately considered this issue having regard to the requirements of the Greater Bendigo Planning Scheme that require a permit for such removal. The application has involved expert advice from the Department of Environment, Land, Water and Planning who support the application which is relevant to being satisfied the requirement is met.

Open space and landscaping

A landscape concept plan that details broad recommendations regarding rehabilitation and landscaping along creek lines (including any flood mitigation works) and open space corridors.

Areas of vegetation identified as having Very High Conservation Significance and adjacent to the Creeks included in public open space where possible.

The siting of new open spaces in areas where existing natural features such as remnant vegetation, drainage lines or dams can be incorporated and where there will be high visibility from public and private land.

Coherent tree planting schemes that define the road hierarchy by consistent species choice and which contribute to a distinctive urban character.

A Landscape Concept Plan has been prepared by Spiire (dated July 2017). This plan details broad recommendations regarding proposed landscaping across the development, including street tree planting and proposed landscape treatments to the entrance to the development along Emu Creek Road and within the drainage reserve.

Officer Response: Following the consultation meeting, a number of conversations have occurred between the City and the proponent as to how the application could better address this requirement. Subject to the amendments proposed in the recommendation, the application now addresses these criteria appropriately.

Movement The proposed is located adjacent to an existing

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Development Plan Requirement: Development Plan Submission (Applicant):

The movement network must be generally consistent with Plan 3: Transport and Movement as contained in the Strathfieldsaye Township Plan, 2009 in particular with regard to road hierarchy and location, road and footpath widths and landscaping.

New access roads located and designed to incorporate the following characteristics as is practicable:

Developed within existing road reserves.

Following existing property boundaries.

Located on cleared land.

Following creeks and drainage lines but avoiding flood prone land.

Located to maximise views to (as relevant):

Greater Bendigo National Park;

Creeks and waterways;

Areas of significant remnant vegetation; and

Public open space.

Vegetation is to be incorporated into road reserves where practical and cross overs located to minimise vegetation clearance.

Provision of walking and cycling paths that are:

Continuous and provide direct connections with the network of local and regional level open spaces or the Town Centre and other key destinations.

Located on existing road reservations, along waterways and incorporate viewing points, wherever possible.

Designed to maximise public surveillance and safety for a wide range of user groups.

residential area of Strathfieldsaye and has been designed to enable a network for all users including walking, cycling, motor vehicles and public transport. The street network has been designed to provide direct, safe and easy movement throughout for all users. The existing street network (Emu Creek Road) will be utilised to provide access to the proposed allotments along the street frontage. The new internal road network and pavements widths have been designed to meet the envisaged number of vehicles and will be constructed to conform to Council standards and will include concrete kerb and channel, sealed roads and concrete footpaths. Streets will be designed to achieve a safe environment for all users, including 3 metre splays for all corner lots. Nature strips will have a width to accommodate footpaths, street tree planting, lighting and service utility needs. Engineering plans will be submitted to Council for approval before works commence including vehicle crossovers and driveway grades. Footpaths will be provided throughout the site and street frontage to enable the ability to safely walk or cycle through the development. These concrete footpaths will be incorporated throughout the proposed development which will be suitable for use by pedestrians, including persons with limited mobility or prams and will be constructed in accordance with the requirements of Table C1 of Clause 56 of the Planning Scheme, to the satisfaction of the Responsible Authority. The roads will be constructed to enable the movement of public transport throughout. The site has access to the Bendigo Public Transport Network. In particular, Bus Route 70 operates through Strathfieldsaye and along Bassett Drive and terminates within the Strathfieldsaye commercial centre which is located within 500 metres of the subject site.

Officer Response: The application appropriately addresses the requirements of the Planning Scheme with respect to movement. An agreed change to the Development Plan includes the deletion of the roundabout and the provision of a shared walking/cycling path along the central boulevard at the entry point to the estate. With the recommended change, the proposal appropriately meets this requirement.

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Development Plan Requirement: Development Plan Submission (Applicant):

Lot size, subdivision layout and design

Different urban densities separated by roads, drainage lines, creeks and other key features.

Conventional housing lots primarily located on cleared land and land with low conservation significance native vegetation.

Lots to front creeks and open space areas and have rear access, where practical.

Lots located on streets aligned on a north-south or east-west axis to maximise solar efficiency where practicable and taking into account native vegetation to be retained.

Regular lot configurations which encourage dwellings to front Strathfieldsaye Road (but without direct access), connector roads and access streets.

Larger lot sizes or other appropriate design responses for land fronting arterial and collector roads; roads located at high points in the landscape or where significant roadside vegetation contributes to the character of the landscape to maintain the spacious character of new neighbourhoods.

The avoidance of extensive networks of curvilinear roads and cul-de-sacs.

The avoidance of “battle axe” shaped lots with small frontages.

Incorporation of large-scale water sensitive urban design (WSUD) systems as per the drainage management plan.

The proposed subdivision is within an existing urban area of Strathfieldsaye and is contiguous with the surrounding established residential area. Importantly, the subject site is zoned for residential development. Vegetation within the eastern portion of the site will be largely retained. It is considered that the preservation of this area of the site is a positive design response and will provide a natural barrier between the proposed subdivision and the existing development further east of the site. The subdivision will accord with the existing and developing urban character within Strathfieldsaye. In addition the proposed lots are large enough to enable suitable landscaping to enhance and contribute to the existing neighbourhood and streetscape character. Lots within this subdivision range in size from 533 square metres and 8.2 hectares, with the average being 697 square meters. Three lots will be created in the LDRZ and 116 will be created in the GRZ which provides a net residential density of 10 lots per hectare within the GRZ. These lots provide a housing density that supports a compact and walkable neighbourhood. In addition, the lots have been designed to enable good street frontage to encourage community social interaction, as well as promoting personal safety and property security. Strathfieldsaye has been indicated as an area of urban growth. The housing densities proposed meet Council’s strategic vision for the site and it is submitted that the range of lot sizes from 533 square metres and 8.2 hectares, provide a choice to suit a variety of dwelling and household types. Furthermore, all allotments are above 300 square metres and capable of containing a rectangle building envelope with the dimensions 10m x 15m. The lots are also of appropriate size and dimension to provide sufficient parking facilities and private open space for a residential dwelling.

Officer Response: The proposal appropriately addresses this requirement.

Physical infrastructure

Common trenching of services, including the provision of modern telecommunications technology and facilities, such as broadband or fibre optic cabling. If it is not feasible to

Coliban Water is the responsible authority for the provision of potable water and reticulated sewer infrastructure. Each of the proposed lots will be connected to potable water and to the reticulated sewerage system in accordance with

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Development Plan Requirement: Development Plan Submission (Applicant):

provide such technology in the first instance, conduit is to be laid that can be retrofitted at a future stage.

A Drainage management plan that addresses flooding, waterway management, on-site drainage detention, water quality, nutrient control, Water Sensitive Urban Design features, in particular the use of rain gardens rather than drainage swales and funding of the infrastructure works.

A single style of street lighting, approved by Powercor, to be used within the Strathfieldsaye development plan area that utilises energy efficient technology such as solar power or low energy globes.

Coliban Water’s requirements. Opportunities for reused and recycled water treatment systems will be available to future owners of the land to the satisfaction of the responsible authority. Stormwater run-off from the development will be directed to the legal point of discharge to the satisfaction of the responsible authority. A drainage reserve is proposed within the north western portion of the site. Spiire have prepared drainage catchment plans and undertaken drainage calculations. In addition, discussions with Council’s subdivision Engineer (Peter Brasier) have also occurred who has given his in principle agreement. Services will be designed and constructed to link in with existing facilities. Reticulated water, sewerage, electricity, gas and telephone services will be connected to the newly created allotments to the satisfaction of the relevant authorities and shared trenching will be utilised where appropriate. Lastly, street lighting will be installed to meet the relevant Australian Standards, and increase the safety and surveillance to area at night. The positioning of the street lights will be indicated on the electrical plan, to be submitted with the engineering design for the subdivision.

Officer Response: The proposal has made appropriate provision for physical infrastructure that is consistent with the standards required for a subdivision of this scale.

Community infrastructure

Locations for potential Neighbourhood Activity Centres.

As an infill site there has been no provision made within the subdivision for an activity centre as part of this development. The proposed layout does however allow convenient access by vehicle and/or pedestrians to existing activity centres in the close proximity. The subject site is supported by the Strathfieldsaye commercial centre located approximately 450 metres to the north west which includes primary schools (i.e. Strathfieldsaye and St Francis of the Fields Primary Schools), recreation reserves, several speciality shops, a supermarket and a medical clinic. The subject site is also located within proximity of recreation reserves. The subdivision itself is designed to allow easy movement through and between the neighbourhood for all people.

Officer Response: The Township Plan does not identify that a Neighbourhood Activity Centre is

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Development Plan Requirement: Development Plan Submission (Applicant):

required in this instance.

Staging

A staging plan that takes into account any transitional arrangements for management of any buffer.

It is proposed to undertake the proposed subdivision in 4 development stages. A staging plan has been prepared by Spiire and is identified on the proposed Plan of Subdivision.

Officer Response: The staging plan is acceptable.

Lot size, subdivision layout and design

Larger lot sizes fronting Strathfieldsaye Road and connector roads to encourage generous front setbacks to create a sense of spaciousness.

Larger lots than the minimum lot size permitted under the relevant zoning provisions where necessary to protect native vegetation identified as having high conservation significance.

The subject site does not abut Strathfieldsaye Road, however larger lot sizes are provided (i.e. between 609 square metres and 872 square metres) along the Emu Creek Road frontage which will enable sufficient space for generous landscaping opportunities. A drainage reserve which will provide landscaping is also proposed along this frontage which will ensure the sense of spaciousness of this area of Strathfieldsaye is maintained. There is no minimum lot size specified in the GRZ, however lot sizes vary between 533 square metres and 1,503 square metres which is considered generous in an area zoned for suburban development. Lot sizes in the GRZ are typically smaller than those proposed. Proposed lots within the LRDZ have been designed in accordance with the minimum lot requirements of the zone (i.e. 2 hectares). In particular, the proposed lots which are located within the eastern portion of the site, will measure between 2 hectares and 8.2 hectares. The proposed subdivision layout has been designed to protect as much native vegetation as possible. This is achieved through the retention of a large portion of native vegetation within the eastern site area, as well as the designation of a first party offset site within this area.

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

Movement

New access or service roads on Strathfieldsaye Road to provide access to new residential development adjoining this road subject to any physical and traffic engineering constraints being satisfactorily addressed.

Minimising access points from Strathfieldsaye Road.

No direct access to the proposed development site will be provided from Strathfieldsaye Road.

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Development Plan Requirement: Development Plan Submission (Applicant):

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

Can the lots be appropriately serviced, accessed (including consideration of impacts on the broader road network) and meet the requirements of clause 56? A part of processing an application for subdivision involves a mandatory referral to all servicing authorities (with the exception of telecommunications). These referrals are important when determining whether a site should be developed or not. Each service has the power to either consent (with or without conditions), or object to the granting of the permit. If a service, for example Coliban Water or Powercor were to object to the permit (on the basis that the land cannot be serviced) Council would have to refuse the application. In this case, all servicing authorities consent conditionally to the granting of the permit. The developer is required to construct and fund infrastructure that would become assets for the respective services and this must occur with their full approval, inspection and ultimate signoff. With respect to access and impacts on the road network, the City’s Transport Engineer conditionally consents to the proposal, subject to the requirements noted in the recommended conditions, to meet the standards in the City’s Infrastructure Design Manual. Some concerns were raised by residents with respect to the traffic impacts as a result of the proposal. These concerns related to noise and headlights from vehicles. The proponent is working to address this concern directly with the affected property owner on solutions to this amenity impact, with screening vegetation (provided at the proponent's expense) a likely outcome to limit the impacts. The requirements of Clause 56 apply to this subdivision. A response to the key objectives is provided as follows. Clause 56.02 Policy Implementation The objective is to ensure the layout and design of a subdivision is consistent with and implements any objective, policy, strategy or plan for the area set out in this scheme. The proposed subdivision is consistent with strategic plans which apply to the area. The Southern Loddon Mallee Regional Strategic Plan identifies that the majority of new urban development will need to be contained within existing small towns and settlements or designated growth areas. It is considered that the site at Strathfieldsaye is suitably located and zoned for residential development and is therefore consistent with the Southern Loddon Mallee Regional Strategic Plan.

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In addition to the above, broad scale strategic plan; it is considered the proposal is consistent with the Greater Bendigo Residential Strategy. Clause 56.03-2 Activity Centre Objective The objective is to provide for mixed-use activity centres, including neighbourhood activity centres, of appropriate area and location. The village centre of Strathfieldsaye (as it is designated by clause 21.07-1) is located within 520 metres (as the crow flies at its closest point) of the site and can be appropriately accessed through the existing road and developing pedestrian network. The existing activity centre (for which the City has completed an Urban Design Framework to guide its growth) is considered to be appropriately located to support the future residential growth proposed by this subdivision. The additional residential development will create a demand and promote the need for additional commercial and community services growth. Clause 56.04-1 Lot Diversity and Distribution Objectives The objective is:

To achieve housing densities that support compact and walkable neighbourhoods and the efficient provision of public transport services.

To provide higher housing densities within walking distance of activity centres.

To achieve increased housing densities in designated growth areas.

To provide a range of lot sizes to suit a variety of dwelling and household types. The subdivision will create a maximum of 119 lots that range in size between 533 to 1,503 square metres (in the part of the site zoned General Residential) with an average size of 697 square metres; and 2 hectares to 8.21 hectares for the 3 lots proposed in the Low Density Residential Zone. The subdivision does not provide for diversity as they are generally conventional in size and would facilitate detached, single dwellings comfortably. Should community needs change in the future; some lots (for example corner lots, of which there are 21) may be suitable for further subdivision and dwellings. Whilst the proposal could be improved with greater diversity in lot sizes, the proposal has been assessed as being acceptable. Clause 56.05-1 Integrated Urban Landscape Objectives The objective is:

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

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To incorporate natural and cultural features in the design of streets and public open space where appropriate.

To protect and enhance native habitat and discourage the planting and spread of noxious weeds.

To provide for integrated water management system and contribute to drinking water conservation.

The proposed subdivision will result in the creation of a number of local roads that will be linked to the broader road network by Emu Creek Road. A concept landscape plan has been prepared to accompany the application that indicatively shows the types of street trees to be planted within each part of the site, as well as how the drainage reserve/open space area will look. Existing and proposed road reserves will be landscaped utilising a mixture of native plant species, creating a visually attractive vegetated network. Detailed landscape plans will be required to be submitted to the City of Greater Bendigo prior to each stage of the subdivision. An integrated water management system will be designed for the subdivision to ensure the quality and quantity of water run-off meets the relevant required standards and will not have an adverse impact on the broader area. Clause 56.07-4 Urban Run-Off Management Objective The objective is:

To minimise damage to properties and inconvenience to residents from urban run-off.

To ensure that the street operates adequately during major storm events and provides for public safety.

To minimise increases in stormwater run-off and protect the environmental values and physical characteristics of receiving waters from degradation by urban run-off.

Stormwater run-off from each new allotment will be directed to a legal point of discharge; with larger rain events catered for by the drainage reserve and road network. Stormwater discharge from the site will ultimately outfall to Emu Creek. The applicant was required to prepare a drainage strategy to demonstrate that the subdivision will not have impacts downstream of the development site. All detailed stormwater design will be required to be to the satisfaction of the City of Greater Bendigo's Engineers. The provision of open space: The issue of open space is an important one to be considered with subdivision applications. This issue was also an important issue to residents, as noted in their submissions. The position of officers on this issue has evolved over the course of consideration of the submissions received and the Draft Public Space Plan.

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The officer position initially was that this subdivision should not provide open space. The reason being that land on the opposite side of Emu Creek Road is also in a General Residential Zone, although much of the land towards Emu Creek itself is unlikely to be developed as there would be a development setback of at least 30 metres to the creek. The effect would be that as that land developed, so would an open space/creek corridor that future residents of this subdivision would benefit from. In addition to the proposed open space/creek corridor, works under a future permit on that side of Emu Creek would include a developer funded bridge to link the open space corridor to the playground at 5 Clydebank Court. In response to resident submissions, the findings of the Draft Public Space Plan and the willingness of the proponent to work with City officers, a better, more immediate response to the open space needs of future residents will be provided in the initial stage of the subdivision. The detail of the open space treatment will be subject to detailed design, however the proponent has prepared the concept below as an illustration as to how the drainage reserve can be treated so as to have a dual purpose. This has led to a reconfiguration of a number of lots, to include lots that will have better amenity by having direct frontage to this reserve. The agreement to provide for open space is the reason why the recommendations require that the Development Plan be amended and endorsed and this will be followed by the issuing of the permit.

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Figure 9: Drainage reserve/open space concept plan.

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Conclusion

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

Options

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

Attachments

Submissions

Proposed Planning Permit Conditions

1. PLAN REQUIRED Before the subdivision is certified, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit and must not be altered without the prior written consent of the responsible authority. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must show: (a) Changes to the plan of subdivision accord with the approved Development

Plan; and (b) Changes to the Bushfire Management Plan (referred to in condition 19(b))

to accord with the approved Development Plan.

2. LAYOUT MUST NOT BE ALTERED The layout of the subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

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

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

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

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no or low/ transparent fencing; and

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

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

7. COMPLETION OF LANDSCAPING

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

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

9. PUBLIC OPEN SPACE CONTRIBUTION (a) Before a statement of compliance is issued the applicant or owner must

pay to the responsible authority a sum equivalent to a maximum of 5% of the site value of all the land in the subdivision.

(b) The 5% sum includes a contribution-in-kind/credit for the unencumbered additional open space provided as well as the developer funded works related to the dual purpose drainage and open space reserve

10. DETAILED DRAINAGE

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

relevant authority for the point of discharge. (e) Stormwater quality (f) Stormwater detention (g) Drainage easements

11. CONSTRUCTION OF WORKS

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

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with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Fully sealed pavement with kerb and channel; (b) Paved footpaths; (c) Underground drainage; (d) Underground conduits for water, gas, electricity and telephone; (e) Appropriate intersection and traffication measures; and (f) Appropriate street lighting and signage. Emu Creek Road (a) Construct eastern carriageway to collector street level 1 standard; (b) 1.5m on-road bike lane on eastern carriageway; (c) 1.5m concrete shared footpath; (d) Type BAR right turn treatment in Emu Creek Road at the entrance to the

subdivision in accordance with Clause 7.7.1, Austroads Guide to Road Design Part 4A.

(e) Type BAL left turn treatment in Emu Creek Road at the entrance to the subdivision in accordance with Clause 8.3.1, Austroads Guide to Road Design Part 4A.

(f) underground drainage; and (g) Appropriate street lighting and signage.

12. DECORATIVE LIGHTING

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

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

14. CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. The plan must include: (a) A site specific plan showing proposed erosion and sedimentation control

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

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

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

15. COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services

to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets. Services are to be provided in accordance with our specifications.

(b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

(c) The developers appointed consultant must liaise with Coliban Water prior to a submission for the provision of piping the Emu Valley 2 Channel

(d) The developer will be responsible to meet the costs of connecting the property on Bakers Lane to the Eppalock Pipeline; this is a result of the channel being piped outside of the property boundary.

16. POWERCOR

(a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

(b) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

(c) The applicant shall:- Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

(d) Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor.

(e) Any buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

(f) Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

(g) Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. Alternatively, at the discretion of Powercor Australia Ltd a lease(s) of the site(s) and for easements for associated powerlines, cables and access ways shall be provided. Such a lease shall

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be for a period of 30 years at a nominal rental with a right to extend the lease for a further 30 years. Powercor Australia Ltd will register such leases on the title by way of a caveat prior to the registration of the plan of subdivision.

(h) Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Power Line” pursuant to Section 88 of the Electricity Industry Act 2000.

(i) Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots.

(j) Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey.

(k) Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

(l) Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

17. DOWNER UTILITIES

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

18. TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with:

• A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.

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

(b) Before the issue of a statement of compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: • A telecommunications network or service provider that all lots are

connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time.

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

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19. COUNTRY FIRE AUTHORITY

Mandatory Condition - Subdivision (a) Before the statement of compliance is issued under the Subdivision Act

1988 the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987. The agreement must:

State that it has been prepared for the purpose of an exemption from a planning permit under Clause 44.06-2 of the Greater Bendigo Planning Scheme.

Bushfire Management Plan (b) The Bushfire Management Plan (Drawing No: 304122-BMP-V2, dated

27/6/2017, Sheet 2 of 2 contained at Appendix 2 of the Bushfire Management Statement) must be endorsed to form part of the permit, be included as an annexure to the section 173 agreement and must not be altered unless otherwise agreed in writing by the CFA and the responsible authority.

20. DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING

Notification of permit conditions (a) Before works start, the permit holder must advise all persons undertaking

the vegetation removal and works on site of all relevant conditions of this permit.

Protection of vegetation to be retained (b) Before works start, a protection fence must be erected around all native

vegetation to be retained within 15 metres of the works area. This fence must be erected at a minimum of: 12 times the diameter of the tree trunk at 130 cm above ground level (to

a maximum distance of 15 metres) but no less than 2 metres from the base of the trunk, and

2 metres from remnant patches of native vegetation. (c) The protection fence must be constructed of star pickets and paraweb or

similar to the satisfaction of the Department of Environment, Land, Water and Planning. The protection fence must remain in place at least until all works are completed to the satisfaction of the department. Except with the written consent of the department, none of the following may occur within this area:

Vehicular or pedestrian access, trenching or soil excavation

Storage or dumping of tools, equipment or waste construction of entry and exit pits for underground services.

Native vegetation offsets (d) In order to offset the removal of 6.351hectares of native vegetation

(including 1 scattered tree) approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements, and is in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual.

The offset must:

Contribute gain of 2.460 general biodiversity equivalence units;

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Be located within the North Central Catchment Management Authority boundary or Greater Bendigo municipal district; and

Have a strategic biodiversity score of at least 0.565.

The offset or offsets must contribute gain of:

1.510 specific biodiversity equivalence units of suitable habitat for Dark Wire-grass (503630- Aristida calycina var. calycina)

Offset evidence (e) Before any native vegetation is removed, evidence that an offset has been

secured must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of the Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either:

A credit register extract from the Native Vegetation Credit Register; or

A security agreement, to the required standard, for the offset site or sites, including a 10-year offset management plan to the satisfaction of the Department of Environment, Land, Water and Planning and approved by the Responsible Authority. Every year, for ten years, after the responsible authority has approved the offset management plan, the applicant must provide notification of the management actions undertaken towards implementing the offset management plan, to the department. An offset site condition statement, including photographs must be included in this notification.

21. EXPIRY OF THE PERMIT - STAGED SUBDIVISION

This permit will expire unless: (a) All stages of the approved subdivision have been certified within five years

of the date of this permit; (b) Any stage of the approved subdivision is not completed within five years of

the certification of the plan of subdivision under the Subdivision Act 1988; or The responsible authority may extend the time for certification of a plan of any stage of the subdivision if a request is made in writing before the permit expires, or thereafter, within the period allowed by section 69 of the Planning and Environment Act 1987.

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

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3. WELLBEING AND FAIRNESS

3.1 ENDORSEMENT OF THE DRAFT GREATER BENDIGO PUBLIC SPACE PLAN FOR PUBLIC DISPLAY

Document Information

Author Mark Stubbs, Senior Strategic Planner Responsible Bernie O’Sullivan, Director Strategy and Growth

Purpose

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

Summary

The draft Greater Bendigo Public Space Plan has been produced as a long-term strategy to shape the future of public space in our city. The broad direction, strategies and actions contained within the document reflect a substantial process of research, analysis, and conceptual visioning over several project stages, each of which has entailed a high level of consultation. Oversight of the development of the Public Space Plan is being provided by a Steering Group made up of representatives of the City of Greater Bendigo (three Councillors and four Directors), and several key government and other organisations, as well as a community-based Reference Group comprising twelve residents from various parts of the municipality with wide-ranging interests in public space. Specialist peer advice to the project is being provided by the Victorian Design Review Panel of the Office of the Victorian Government Architect. Subject to Council endorsement of the draft Public Space Plan, a public display and engagement period will be commenced in late March with the aim to promote community awareness of the strategy and to encourage input. During this time, an implementation framework to support the delivery of the draft Public Space Plan will be developed collaboratively and also made available for public comment. The draft Public Space Plan will then be finalised for adoption by Council by the end of the 2017/18 financial year.

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RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Endorse the draft Greater Bendigo Public Space Plan (the Public Space Plan).

2. Commence public display of the draft Public Space Plan for a period of six weeks to

help refine all aspects of the strategy through a process of agency and community engagement and input.

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

CARRIED

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

Policy Context

Community Plan Reference: Goal 2 Wellbeing and fairness Objective 1.5 Promote positive wellbeing across the Greater Bendigo community 2017-2018 Action Complete the Public Space Strategy and commence implementation Regional Strategic Plan Reference: Principle 6 of the Loddon Mallee South Regional Growth Plan - Protect and enhance our natural and built environment – is strongly supported by various strategies within the draft Public Space Plan. Rural Communities Strategy (Issues and Impacts): The rural communities of Greater Bendigo, in particular the small towns, are reflected in the draft Plan. Recommendations are provided for each town precinct, drawing on a range of sources including Community Plans, other relevant strategies and the broader objectives of the draft Public Space Plan. The public display process will provide the opportunity for small town public space recommendations to be reviewed and developed further if required through direct local involvement.

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Background Information

Replacing the 2005 Open Space Strategy and the 2009-2014 Play Space Strategy, the Greater Bendigo Public Space Plan is being developed as a long-term strategy to guide the coordinated planning, design, use and management of the city’s public spaces in the interest of supporting the broader objective of our city’s liveability. The Public Space Plan project has progressed to an advanced stage – the preparation of a draft Plan for public display and comment. Stage one, completed in August 2016, sought to provide a comprehensive understanding of the major strategic public space issues of our city, and did so through a process of wide-ranging consultation, research, analysis and documentation. The Greater Bendigo Public Space Plan - Strategic Context and Issues Report was the product of this stage. The second stage of the project had a very different goal – the creation of a conceptual vision for public space in Greater Bendigo, looking ahead 50 years. In October 2016, the community and agencies were invited to contribute to the development of the conceptual vision via a 2.5-day workshop and online survey; the draft conceptual vision which emerged was subsequently developed further and released for public comment in January-February 2017. The Greater Bendigo Public Space Plan Conceptual Vision was endorsed by Council in April 2017 and authorisation was given to develop the draft Public Space Plan which is the subject of this Report. Previous Council Decision(s) Date(s): September 2015 – Council workshop briefing to discuss and agree on the scope of the Public Space Plan project. August 2016 – Endorsement of the draft Strategic Context and Issues Report and Summary Report as a sound basis to progress the project and approval to release the report for public comment. December 2016 – Approval to continue community engagement for the project, including release of the Conceptual Vision for public comment. April 2017 – Endorsement of the Conceptual Vision for the Greater Bendigo Public Space Plan and associated public notification. Begin to prepare the draft Public Space Plan.

Report

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

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The draft Public Space Plan is broad-reaching in its response to various major public space influences and issues – everything from increasing population and urbanisation to the impacts of a changing climate. Its strategies are also responsive to a consistent picture of community interests regarding public space that has emerged through project-related engagement as well as from the findings of consultation for other projects. The strategies of the draft Public Space Plan aim to reflect a mix of aspiration and practicality, addressing the need for opportunities to deliver beneficial change within the short to medium term whilst working within a much broader and longer-term framework. Accordingly, some strategies are complex, large, and in certain cases transformative in their outlook. Larger timeframes, sometimes measures in several decades, will be needed to progress these kinds of strategies, piece-by-piece. There are numerous place-specific strategies with great variety in their nature, scale, complexity and cost. Various adopted strategies of the city are also significant in the context of public space. The draft Public Space Plan aims to align with and complement these strategies. For example the recommendations of the 2016 Environment Strategy in relation to the Bendigo Creek and to water management, or the recommendations of the 2014 Residential Strategy regarding areas of future housing development. The draft Public Space Plan includes, and is structured according to, the following major elements, each of which has a particular purpose:

Part 1: Introduction and context

The context for public space planning in Greater Bendigo including a summary of the major issues we are facing and community expectations. This part also includes a snapshot of the overall plan.

Part 2: City-shaping public space strategies

The major public space strategies which will most significantly shape the physical form and landscape of Greater Bendigo, and help to reinforce Greater Bendigo’s public space identity and uniqueness.

Part 3: Strategies to shape our public spaces

The strategies which for crucial aspects of public space in Greater Bendigo – activation, water, biodiversity, heritage, sports and play spaces, and how we fund and manage our spaces.

Part 4: Precinct plans The public space strategies for individual public spaces in different communities across the municipality. Must be read in conjunction with parts 2 and 3.

Part 5: Appendices Supporting details not essential to have in the main document.

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

Strategy topic Overview of strategies Ref.

Protect and enhance our major historic and contemporary parklands

Ensure that these high-profile spaces of municipal and regional significance are appropriately planned, managed, resourced and optimised for community benefit.

p.23

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Creating a city of shade and filtered light

Increase the abundance of shade by increasing tree cover in our town centres, open spaces and streets, adding more verandahs and awnings to public and private buildings, and providing shade for play spaces and around sports fields.

p.25

City in a forest Improve and transform the forest interface with a range of management and urban design changes to fit conditions in each local area. Strengthen our connection with the forest with major public space-based links from/to the urban areas, marked entry points, restoration of the Bendigo Bushland Trail and continued promotion of forest heritage and values.

p.33

People-focussed centres and walkable neighbourhoods

Progressive changes to the urban design of town centres to create better environments for people and business, such as wider footpaths, pedestrian-only or shared zones in suitable areas, making better use of street corner space, designing streets for safer crossing and adding more pedestrian amenities, trees and landscaping. Create more walkable streets in our communities with gradual improvements such as adding and/or widening footpaths, reducing excessive areas of asphalt, safer street crossings on major and minor roads, and planting more street trees.

p.37 & p.41

Network of corridors Expand the system of shared paths into a network of corridors combining different kinds of public spaces – parks, streets, creek lines, easements, rail lines – to connect neighbourhoods and communities, and provide a city-wide recreational and movement resource. The corridors will incorporate not only the pathways, but other important attributes such as seating, trees and landscaping, transport separation and traffic control, and appropriate-design of private development on adjoining land.

p.37

Quality public space Focus investment in key public spaces to optimise their overall net community and environmental benefit.

Introduce a hierarchy to guide the provision of, improvement of and service standards for public open spaces. Align the hierarchy with hierarchies for organised sport and play spaces.

pp. 51-53

Public spaces and water

Coordinate the planning of the recycled water network to support irrigation and water access in targeted public spaces.

Improve integration and design of drainage-related infrastructure (e.g. retarding basins, overland flow paths) to support public space use and amenity.

pp. 51-52

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Conservation of biodiversity in public spaces

Identify and preserve public spaces dedicated primarily to the purpose of conservation and ensure these areas are sufficiently large enough to effectively support biodiversity.

Enhance biolinks by preserving two major breaks within the urban area, vegetating the public space corridors network, increasing the urban forest, and retaining vegetation in undeveloped road reserves.

pp. 55-56

Public space funding and management

Achieve a fairer balance of public space investment, both geographically across communities and by type (e.g. road infrastructure compared to walking/cycling infrastructure).

Purchase strategic sites for public space and prioritise the open space reserve fund for this purpose.

Consider establishing a dedicated funding stream for public space investment and an advisory committee to provide strategic guidance and monitoring of public space strategy delivery.

pp. 81, 85 & 87

Priority/Importance: High priority – the 2005 Open Space Strategy and 2009 Play Space Strategy are both overdue to be replaced by a contemporary strategy. Options/Alternatives: Council has the option of endorsing the draft Public Space Plan for public display as presented, or with any changes or clarifications that it considers are required. The option to not proceed further at this time is also available. Timelines: The Greater Bendigo Public Space Plan project commenced in November 2015 and is due to be completed by July 2018. Progress: The development of the draft Public Space Plan represents completion of Stage 3 of the project. Stage 4 involves the public display and finalisation process, which will involve the following main steps:

Activity Planned timing

Public display and engagement period Late March – early May 2018

Steering Group and Community Reference Group meetings

Late May 2018

Council briefing Early July 2018

Council meeting Late July 2018

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

Consultation/Communication

Internal and External Consultation: A good deal of the content of the draft Public Space Plan was informed by and some cases the direct product of staff collaboration. From late May to early June 2017, twenty working sessions were held, each focussing on a particular thematic element of the strategy. They included staff from across the City of Greater Bendigo as well as agencies and organisations such as the Country Fire Authority, Coliban Water, the Department of Environment, Land, Water and Planning (DELWP), Remembrance Parks Central Victoria, Public Transport Victoria and VicRoads. A five-week period during November-December 2017 was also provided for internal feedback on the draft Public Space Plan. Most recently, the draft Public Space Plan was presented to and discussed with the Executive Management Team, the project Steering Committee and the Community Reference Group. Feedback from all of these groups has been considered and appropriately reflected in the content of the strategy. The opportunity will be taken to continue the involvement of the Design Review Panel of the Office of the Victorian Government Architect in the peer review of the Greater Bendigo Public Space Plan project. A review session will be sought during or immediately following the public display period. Advice received will be considered and reported to Council. Next Steps Public engagement in the draft Public Space Plan will be the focus of the next and final stage of the project. Our main aim will be to raise public awareness of its various strategies and to encourage feedback to help refine and improve the final version of the document to be considered by Council for adoption. Notable aspects of the planned community engagement process are as follows:

A recommended display period of six weeks, reflecting the significance of the strategy and its city-wide scope, as well as the size and complexity of the document itself (noting that most community members and agencies will have specific areas of interest, rather than a general overall interest).

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Availability of a summary version of the draft Public Space Plan in addition to the full version.

Online and hard copy access (Council offices, local library branches, all post offices, as well as other selected venues).

A series of local area display/information sessions (aligned with the precincts).

Direct notification of landowners and occupiers likely to be affected by potential public space acquisitions and sales.

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

Resource Implications

Budget Allocation in the Current Financial Year: $18,000 External Funding Sources: None. Projected costs for future financial years: Cost estimates associated with the strategies of the Public Space Plan have not yet been prepared, however the completion of cost estimates is specified as an action. The broad nature, and sometimes large scope, of strategies means that cost estimates will be high level and indicative only.

Attachments

1. Attachment 1 – Greater Bendigo Public Space Plan - Parts 1-3 2. Attachment 2 – Greater Bendigo Public Space Plan - Parts 4-5 3. Attachment 2 – Greater Bendigo Public Space Plan - Summary Guide

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3.2 COMMUNITY ACCESS AND INCLUSION PLAN 2015-2018 PROGRESS REPORT

Document Information

Author Steven Abbott, Manager Community Partnerships Responsible Vicky Mason, Director Health and Wellbeing Director

Purpose

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

Summary

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

State Government funding of $100,000 for a Changing Place in the Bendigo CBD.

Holding the Our Choice Disability Expo at the Bendigo Exhibition Centre in partnership with VALiD.

Completion and launch of Marveloo Central Victoria a mobile accessible adult change facility for people with high needs.

The Public Toilet Strategy addressing the need for future Changing Places locations across Greater Bendigo.

Continued funding for the Inclusive Towns project, a disability friendly business program, to be delivered on sub regional basis with Loddon and Mount Alexander Shires in 2018.

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

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RECOMMENDATION

That Council acknowledge the progress against the actions set out in the Community Access and Inclusion Plan 2015-2018. RESOLUTION Moved Cr Flack, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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

Policy Context

City of Greater Bendigo Community Plan 2017-2021:

Goal 2 Wellbeing and fairness

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

abilities.

Background Information

The CAIP 2015-2018 responds to the City’s statutory obligation under the Victorian Disability Amendment Act 2012 (the Act) to prepare a Disability Action Plan and report on the implementation of the Plan in its Annual Report. This is the City’s fourth CAIP since 2001 which investigates and responds to the access and inclusion issues and barriers people with a disability face when being included in our community. The CAIP has four objectives focused on the City responding to legislative requirements under the Act, these being:

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

Reduce barriers to a person with a disability obtaining and maintaining employment,

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

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

According to 2015 Survey of Disability, Ageing and Carers approximately 20,456 residents (18.3%) of the City’s growing population has some form of disability with approximately 6,483 having a severe or profound disability. Previous Council Decision(s) Date(s): 10 June 2015 - Community Access and Inclusion Plan 2015-2018 adopted

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

Report

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

Holding the Our Choice Disability Expo at the Bendigo Exhibition Centre in March 2017 in partnership with VALiD.

The City was successful in being one of the three places to receive $100,000 State Government funding for a Changing Place. The Changing place responds to the needs of people with high needs and will be located at the Hargreaves Street Multistorey Carpark.

The Marveloo Central Victoria, a mobile accessible adult change facility, was launched on January 25, 2018 and trialled during the Australia Day Celebrations at Lake Weeroona. Marveloo is now available for hire by other local governments, business and community agencies.

With renewed Federal funding via the National Disability Insurance Scheme, the Inclusive Towns project, a disability friendly business program, is being delivered on sub regional basis with Loddon and Mount Alexander Shires in 2018.

The Public Toilet Strategy specifically identifies the need for more Changing Places locations in the future. Recommendations for future locations include the Heathcote Visitor Information Centre and Strathdale Park.

A full progress report on the 34 actions can be found in Attachment One. Priority/Importance: Development of the CAIP and reporting procedures are mandatory under the Victorian Disability Amendment Act 2012. Options/Alternatives: No other options or alternatives were considered as the City of Greater Bendigo has a legislative requirement to develop and implement a Disability Action Plan which the CAIP incorporates. Timelines: This is the final year of the CAIP’s implementation which concludes in June 2018. The CAIP will then be reviewed and renewed with a draft update prepared in 2018.

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Risk Analysis: It is a legislative requirement that the City has a Disability Action Plan and reports on implementation in the Annual Report. The City must also act in accordance with the Disability Discrimination Act 1992 and the Victorian Charter of Human Rights and Responsibilities Act 2006 to ensure there is no discrimination based on disability in any of its functions, services or corporate framework. Failure to have a Disability Action Plan will put the City at risk of non-compliance with these legislative frameworks and increase potential for discrimination and practices that do not advance access and inclusion as required. People with a disability do not have the same opportunities as other citizens and subsequently are disadvantaged in a number of ways. The CAIP outlines the City’s responsibility to address barriers created by attitudes, practices and structures which limit opportunities for people with a disability to fully participate in life. Risks associated with not implementing the CAIP include:

The needs of people with a disability will not be met and therefore the City may indirectly exclude people from their right to participation in the community,

New or modified facilities not being compliant with the Disability (Access to Premises – Buildings) Standards 2010,

Persons with a disability unable to obtain and maintain employment with the City,

Persons with a disability not included in local activities coordinated by the City due to negative attitudes, assumptions and barriers not addressed; and

City staff may discriminate, whether consciously or unconsciously, on the basis of disability.

Consultation/Communication

Extensive community consultation was undertaken for the development of the CAIP. Throughout the implementation phase, certain actions continue to require community consultation. The level and extent of consultation varies according to each action. A summary of the CAIP’s progress was presented to the Disability Inclusion Reference Committee at its January 2018 meeting. The Disability Inclusion Reference Committee members acknowledged the City’s commitment in implementing the CAIP.

Resource Implications

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

$100,000 Department of Health and Human Services Changing Places grant for the development a Changing Place in the Hargreaves Street Multistorey Carpark,

$132,000 Department of Health and Human Services grant for the build of the Marveloo Central Victoria,

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$165,000 National Disability Insurance Scheme (NDIS) Information Linkages and Capacity Building (ILC) - National Readiness Grant for the implementation of the Inclusive Towns Project, a project that works with businesses in targeted towns to increase accessibility and inclusion for people with a disability; and

A partnership with VALID to deliver the Our Choice Disability Expo. The CAIP’s monitoring, evaluation and reporting is coordinated through the resources of the Community Partnerships Unit, via the Building Inclusive Communities (BIC) program funding received from the State Government.

Attachments

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

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

Action No

Action Progress comment Status

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

1.1 Undertake Universal Access Program Audits within the City Centre and Activity Centres which will:

Look at accessible parking bays, kerbs, ramps, footpaths and Tactile Ground Surface Indicator’s (TGSI’s).

Prioritise works from the above audits and replace and install the appropriate works to ensure they are accessible.

Works undertaken as part of Capital Works program.

Completed

1.2 Accessibility Access and Audit Training:

1x staff member to undertake Accredited Access training and a procedure developed on how this resource will be recognised and used throughout the organisation.

1x staff member from the Property team to be trained in basic accessibility audit to look at minor building and property works.

Currently have one qualified staff member attached to the building team to provide access advice, undertake basic access audits on council owned and managed facilities and provide advice and support across the organisation.

Completed

1.3 Communicate to relevant City staff the availability of internal access audits conducted on City assets and the need for them to be considered in any works on City assets.

All major projects as well as works that require a building permit issued by the Council building department are being reviewed by the units accredited building officer to establish if an external access audit is required and recommendations made.

Completed

1.4 Identify 1 major project each year of this Plan to nominate for various awards which has a strong focus on access and inclusion such as the National Awards for Local Government under the category Disability Access and Inclusion.

Has not progressed due to other priorities. It is expected that a project will be nominated by end June 2018.

Not started

1.5 Review the City’s Public Toilet Strategy which will:

Identify accessibility issues

Public Toilet Strategy endorsed at January 2018 Council Meeting. The Public Toilet

In progress

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Action No

Action Progress comment Status

and feasibility of having a ‘Universal Change Table’.

From the review above, set out a works program for the next 5 years and begin to implement the outcomes of the review.

Strategy specifically addressed the need for future Changing Places locations across greater Bendigo, with three locations being recommended.

1.6 Continue to advocate to Public Transport Victoria for better public transport links and networks throughout the municipality and to ensure it remains affordable and accessible to all.

Continuous process of advocacy. Completed

1.7 Apply the Creating Accessible Places model:

To all works around the municipality.

Roll out the model across other units of Council that are responsible for the maintenance and upgrade of public infrastructure to develop a sustainable process for identifying and prioritising access works.

There are now several staff across different City service units who are strong advocates for disability access, including events, the art gallery, customer service and the built environment. These staff provide a valuable internal resource and, in addition, many projects now seek an external access auditor as part of the project team.

Completed

1.8 Hold a forum biennially (unless otherwise required) with local building surveyors, draftsmen, architects, designers and commercial builders etc. that focus on raising disability awareness and the importance in the accessibility of facilities.

Plan to conduct seminar in 2018. Location, speakers and agenda still to be prepared.

In progress

1.9 Investigate and, if deemed appropriate, develop an “accessible infrastructure” grant category in the City’s Community Grants for not for profit groups and possibly local small businesses.

Option investigated and deemed appropriate. Community grants criteria has been updated to accept applications for infrastructure improvements to buildings that are not City owned.

Completed

Reduce barriers to persons with a disability obtaining and maintaining employment

2.1 Implement the recommendations of the National Disability Recruitment Coordinator which include the following:

Review of recruitment processes to ensure they do not disadvantage people with a disability

Disability Awareness training

Action 1. Complete. The Recruitment team undertook a gap analysis of recruitment process and have implemented a number of changes. Action 2. Complete. Disability Awareness Training was provided by NDRC to OLT on Tuesday, 8 March 2016.

Completed

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Action No

Action Progress comment Status

for Executive Team and People Managers on employing someone with a disability

Partner with local Disability Employment Services to ensure job vacancies and opportunities get distributed to people with a disability

Action 3. Complete. The Recruitment team have established relationships with a range of local DES. The City has recently employed a person registered with Western District Employment Access (WDEA).

2.2 Develop a long term approach to work experience opportunities within the organisation which results in more active support through increased student opportunities being promoted via Horizon; and an increase in the number and percentage of total work experience opportunities (students and job seekers) offered in line with the Community Access and Inclusion Plan, every year over the next three years.

Career Horizons provides a centralised approach to work experience opportunities. The possibility of targeted work experience opportunities is continuing to be investigated.

Completed

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

3.1 At all City major events and activities, continue to publicise close drop off/pick up points, easy to see locations and link community members requiring assistance to relevant services.

Community Events Guide was reviewed and updated in January 2018. It refers to the Accessible Events guide developed by the Human Rights Commission.

Completed

3.2 Commit to have an accessible website for all members of our community and aim to continue to meet AA standards of the Web Content and Accessibility Guidelines (WCAG 2.0).

In June 2017 a user group of people with a disability were consulted to test the accessibility and useability of the City’s website. Recommendations and feedback from this group are being reviewed and implemented. Accessibility of the City’s website continues to be reviewed and improved as is possible.

Ongoing

3.3 Ensure all City publications and documents can be made available in accessible formats upon request and have this printed on all publications and on the website:

Promote to the community

Provide information to all staff on the process if a

Publications have a statement asking people to contact the City if they would like it in an accessible format.

Completed

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Action No

Action Progress comment Status

request is made to have a document made into an accessible format.

3.4 Satisfy requirements to gain the Communication Access Symbol for the organisation reception areas and facilitate installation.

The communication access boards / books have been completed. These boards/ books will be provided at our Lyttleton Tce, Hopetoun Mill and Heathcote Service Centres, and a copy will be provided to the Executive Office. The boards / books will also be available on our website. Training will be undertaken during July. Boards / books will then be developed for our remaining customer service points at the Visitor Information Centre, the Art Gallery and The Capital.

Completed

3.5 Review the City’s Style Guide and ensure accessibility of content, language, design and format, in all public documents and promotional materials is considered and inform staff of the guide and requirements and ensure that it is adhered to.

The Style Guide is available through the new Image Management System (Bynder). It emphasises plain language, design and format. Communications ensures that these requirements are adhered to. Staff are aware the organisation has a style guide.

Completed

3.6 Increase awareness and promote to the community our customer request system and continue to seek funding for alternate formats to be available to put a request in (e.g. App). Future developments of apps need to take into account issues of accessibility.

The City has commenced a project to obtain Communication Access Symbol. As part of this project a number of actions have either commenced or are planned, to improve accessibility of information and services including: - wider promotion of the suite of

accessibility tools and functionality already available to our customers

- improvements to accessibility tools and functionality

- reviewing signage and written information to ensure it is easy to read

- staff training and development to improve communication skills

Completed

3.7 Ensure videos on the City’s Investigated appropriate Completed

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Action No

Action Progress comment Status

website can offer captioning by:

Investigate appropriate captioning software

Purchase video captioning software and ensure all videos on the City’s website have captioning available.

captioning software and determined that it is better for the City to manually create captioning to ensure its accuracy.

3.8 Investigate the process to develop Auslan videos and if appropriate develop videos for key messages from the City.

An Auslan interpreter was investigated and used on the community resilience project. This service will continue to be used as required.

Completed

3.9 Review the Community Engagement Policy and Framework to:

Ensure the voices of people with a disability are heard and considered in all engagement processes.

Ensure the policy supports the inclusion of people with a disability or people who represent their views to be included on City project reference and advisory groups.

Policy reviewed and adopted 2016.

Completed

3.10 Look at style and font size of City business cards and make appropriate changes to ensure they are accessible.

The option to include Braille on City’s business cards is being investigated.

In progress

3.11 Build on the Bendigo Region app to include information on accessible toilets, car parks, restaurants and buildings and promote to the community.

Information to access related information will be met by the Inclusive Towns project. The Bendigo App is no longer in use by Tourism, therefore this action will not proceed.

Not proceeding

3.12 Develop an Disability Advisory Group (or similar) that will:

Provide advice, advocate and undertake initiates that support greater social inclusion of people with a disability and their families / carers.

The effectiveness of the group will be reviewed and relevant actions undertaken from the findings.

The Disability Inclusion Reference Committee was established in August 2016. The effectiveness of the group will be reviewed on an ongoing basis and an annual progress report will be submitted to Council via the Council Bulletin. The progress report will detail the activities and achievements of the committee against its stated objectives. A full review of the effectiveness of the committee will be undertaken after three years.

Completed

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Action No

Action Progress comment Status

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

3.13 Support the social procurement schedule to be included in all new tenders for City service contracts.

Social procurement schedule has been created and is in use.

Completed

3.14 Encourage and support tenderers to focus on social benefits for people with a disability in addressing the social procurement schedule.

Social procurement schedule has been completed and is in use.

Completed

3.15 Undertake internal education and awareness raising on social procurement to Management and Coordinators.

Not yet commenced. It is expected to be completed by end June 2018.

Not started

3.16 Look at the feasibility of purchasing a Marveloo (accessible portable toilet) across the municipalities in the region to be hired for events.

The Marveloo Central Victoria was officially launched on 25 January 2018 and was available for its first use during the Australia Day Celebrations at Lake Weeroona. The Marveloo Central Victoria can be hired by other local governments, event organisers and community groups.

Completed

3.17 Trial an expo in Greater Bendigo to showcase local disability services and information.

On Thursday March 16, 2017 the Community Partnerships Unit hosted an Our Choice Disability Expo in partnership with VALiD at the Bendigo Exhibition Centre.

Over 70 stallholders provided information on disability services, advocacy, equipment and recreation, showcasing the array of choice people with a disability there are in the community.

NDIS related information sessions were held throughout the day.

A free shuttle bus service

Completed

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Action No

Action Progress comment Status

ran to and from the Bendigo train station to the showgrounds and was well utilised by community members from Bendigo and neighbouring municipalities.

The ‘Marveloo’, a mobile accessible restroom for people with a disability and their carers was available on the day and also promoted that one will be coming soon to Greater Bendigo.

It is estimated that over 450 people attended the expo during the day.

Many services and community members expressed how significant and positive the event was. Some participants stated that they had no idea there were so many services and opportunities available to people with a disability in the community.

3.18 Develop a policy on all City events, information sessions, conferences etc. to ensure people with a disability can fully participate in these activities and are not discriminated against. The policy will look at Auslan Interpreters, Live Time Captioning and Companion Card.

This activity will be completed before end of June 2018.

Not started

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

4.1 All staff to complete Ethics Training which has a Human Rights component that will reflect on the importance of access and inclusion.

Staff attended ethics training as part of the Workplace Responsibilities workshops during the months of August and October 2016.

Completed

4.2 Undertake unit specific disability awareness training and education to City staff.

Training sessions were provided to staff on March 8, 2016 by the National Disability Recruitment Coordinator (NDRC).

Completed

4.3 Undertake a City Staff Attitudes survey once the Plan is adopted and again when the Plan has come to the end of its life to

Plan is available to the public. Progress is monitored and reported annually to Council.

Completed

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Action No

Action Progress comment Status

determine if there has been a shift in staff attitudes towards accessibility and inclusion issues.

4.4 Ensure Council Plan and all strategies, policies and procedures consider accessibility and inclusion in their development.

More attention is being paid to accessible formats of publications, for example, the recently developed Safe Community Forum Strategic Plan. Another approach which is being applied includes the use of the following wording in engagement documents and communications: “should you require any additional support to participate in this forum/activity please contact…” Actions in the next CAIP, e.g., the development of an Advisory Committee, will help to ensure that people with a disability are considered in consultation.

Completed

4.5 Report on the implementation of the Community Access and Inclusion Plan 2015-2018.

Implementation is reported annually to Council.

Completed

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3.3 COMMUNITY GRANTING POLICY REVIEW

Document Information

Author Deb Simpson, Coordinator Strong Communities Responsible Vicky Mason, Director Health and Wellbeing Director

Purpose

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

Summary

In 2017 Council established a vision of “Greater Bendigo – creating the world’s most liveable community”. Community granting is an opportunity for Council to partner with communities in diverse initiatives that can contribute to the vision. The review has provided an opportunity to consider how Council and community goals can best be supported through community granting activities. It has also provided an opportunity to consider how the principles of transparency, equity and sustainability can best be embedded into community granting processes. The review findings indicate that community granting activities are both important to and valued by our community. They also indicate that, although the current Community Grants Policy and Program Guidelines have served Council and our community well, there are some opportunities for improvement. This report details suggested changes to current organisational policies and practices based on the review findings, and seeks Council endorsement of a new Community Granting Policy that incorporates the suggested changes.

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RECOMMENDATION

That Council adopt the attached updated Community Granting Policy. RESOLUTION Moved Cr Metcalf, Seconded Cr Alden. That the recommendation be adopted.

CARRIED

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

Policy Context

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

Goal #2: Wellbeing and Fairness

Objective #2.3 Promote community connection.

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

Council Policy Reference (include weblink as applicable): Community Grants Policy and Program Guidelines. Rural Community Impact (refer to Rural Communities Strategy): Action #2.5: Review the level of support in the 2017/18 budget with consideration to increasing the funds for programs addressing health and wellbeing, including mental health, in our rural communities.

Background Information

The review process incorporated the following approaches:

- analysing data from Council’s current grant programs.

- benchmarking of 33 different corporate, government and philanthropic grant programs.

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

- inviting targeted community sectors to provide input via various engagement

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

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

Report

The benchmarking identified that:

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

- 79% of grant programs involved technology based application processes (e.g. online forms or uploading of video clips).

- 48% of organisations accepted applications once per year.

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

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

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

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

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

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

The themes that emerged through the other stakeholder engagement were:

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

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

- Council’s grant programs should continue to have capacity to respond to expressed / planned goals as well as emerging / unforeseen issues and opportunities.

- there are current resourcing gaps for elements that are fundamental to community

groups’ operations (e.g. incorporated association registration and insurance costs) and for social innovation / transformation proposals.

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

level of funding being sought.

- the use of Community Assessment Panels in the assessment of applications and the development of funding recommendations engenders a great deal of community confidence regarding the transparency and equity of the process.

- the current themed category based approach is too restrictive and the funding focus

should be broadened to align with Council and community goals.

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

- the funding focus should not preference specific community sectors however data

on the number and type of beneficiaries should be requested in output and outcome reporting.

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

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

- removing restrictions on applicant and expenditure types and instead focusing on outputs and outcomes.

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

- retaining Community Assessment Panel involvement where the maximum funding

amount possible exceeds $3,000.

- increasing some maximum grant amounts.

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

- retaining capacity to respond to expressed / planned goals as well as emerging / unforeseen issues and opportunities.

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By enabling a City Director and Manager to approve the Community Assessment Panel’s recommended funding allocations for Large Grants, access to grant opportunities will be improved. This is because three funding rounds will be able to be offered each year. The current process which requires Council approval of the Community Grants funding allocations (being the closest current equivalent) means that only two funding rounds are able to be offered each year due to Council reporting and meeting cycle timelines. Priority/Importance: It is important that Council’s limited resources are aligned with Council’s vision and Community Plan 2017 – 2021 goals, or with the goals of localised Community Plans. It is also important that Council’s limited resources have the greatest potential for enduring community benefit. The review has focused on how community granting activities can best respond to these considerations. Timelines: A 1 July 2018 implementation date is proposed for the Small, Medium, Large and Community Group Essentials Grants, along with the Bendigo Town Hall Community Use Subsidy Program. This will require City staff to make and test ‘back of house’ changes during April, May and June 2018. There will also need to be a focus on informing community members and Community Assessment Panel members of the changes during this time. A 1 January 2019 implementation is proposed for the Social Innovation / Transformation Grants. This is because further consultation with Council and other potential funding partners is still required.

Consultation/Communication

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

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

- the experiences of previous Council grant program applicants.

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

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

The range of stakeholders engaged included:

- corporate, philanthropic and other government grant providers.

- previous Council grant program applicants.

- Greater Bendigo Rural Communities Committee members.

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- Community Assessment Panel members.

- relevant City staff.

Resource Implications

Council already commits significant human and financial resources to community granting activities. Administration functions are currently performed by the City’s Community Partnerships Unit, and this arrangement is proposed to continue. The current budget scenario is:

Grant program name Funding amount

Quick Response Grants $49,329

Community Grants $443,963

Partnership Grants (over two years) $771,852

Bendigo Town Hall Community Use Subsidy Program $9,000

TOTAL $1,274,144

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

Grant program name Funding amount

Small Grants $50,000

Medium Grants $400,000

Large Grants (over two years) $650,000

Community Group Essentials Grants $40,000

Social Innovation / Transformation Grants $50,000

Bendigo Town Hall Community Use Subsidy Program $9,000

Transfer of event support resources currently provided through Partnership Grants (over two years)

$78,000

TOTAL $1,277,000

Attachments

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

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4. STRENGTHENING THE ECONOMY

Nil.

5. ENVIRONMENTAL SUSTAINABILITY

Nil.

6. EMBRACING OUR CULTURE AND HERITAGE

Nil.

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7. LEAD AND GOVERN FOR ALL

7.1 SUBMISSION ON DRAFT LOCAL GOVERNMENT BILL

Author Jessica Clarke-Hong, Manager Governance Responsible Kerryn Ellis, Director Corporate Performance Director

Purpose

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

Background

On August 11th 2015, the Minister for Local Government announced a review of the Local Government Act 1989. It is the first comprehensive review in 25 years. The purpose of the review is to reform local government by reinvigorating democratic practices and help councils serve their communities more effectively and efficiently.` This review responds to calls from the local government sector and the community for a new, modern Act. The review has involved councils, ratepayers, the wider community, experts and other stakeholders.

There have been four stages to this engagement process. To date, council has made submissions to a Discussion Paper and a Directions Paper. This final stage involved the release of an Exposure Draft Bill in December 2017 providing council with the opportunity to review the legislation before it is introduced to Parliament and to provide an opportunity for feedback. Submissions closed on 16 March 2018. The Government is aiming to have legislation passed by State Parliament and the new Act commencing by a phased approach from mid-2018.

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RECOMMENDATION

That Council endorse the attached submission to the Victorian Government on the Local Government Bill Exposure Draft. RESOLUTION Moved Cr Metcalf, Seconded Cr Williams. That the recommendation be adopted.

CARRIED Cr Hoskin called for a Division on the voting for the motion. Those in favour: Cr O'Rourke (Mayor), Cr Alden, Cr Emond, Cr Flack, Cr Metcalf, Cr Williams, Cr Wrigglesworth. Those against: Cr Hoskin ABSENT. DID NOT VOTE Cr Fyffe

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

Summary

In summary Council’s position on the Exposure Draft released by the Government is as follows:- “The Council supports the purpose of the proposed new Act to give effect to the constitutional recognition of councils as a distinct and essential tier of democratically elected government. Similarly, the Council supports a principle-based Act and the state government’s three over-riding objectives for a new Act to the extent that the principles and stated objectives are given full, practical and authentic expression in the draft Bill. In its submissions to date, the Council has consistently maintained that it is the right of democratically elected bodies to make decisions suitable for, and answerable to, the community that elects it, with state intervention limited to extreme circumstances. This overarching principle aligned comfortably with the three principal aims of the Directions Paper, and the central feature of the local government reform agenda which is to give councils greater agency to determine how to achieve clearly defined outcomes.

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The Council does not support a principle-based Act with prescription concealed in regulations, mandatory guidelines, policies or ministerial direction. In terms of process, it should be noted that, regulations and ministerial guidelines that will accompany the new legislation are not yet available. As a result feedback by way of an informed submission has been impeded. Furthermore, transitional clauses are incomplete, especially ones which impact directly on how services are delivered, such as the future model for regional libraries.

Policy Context

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

Goal 1: Lead and govern for all

Objective 1.5 Take a leadership role in regional planning, advocacy and work in

partnership with regional Councils.

Resource Implications

There are no resource implications for Council

Attachments

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

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A NEW LOCAL GOVERNMENT ACT FOR VICTORIA

EXPOSURE DRAFT BILL

SUBMISSION BY GREATER BENDIGO CITY COUNCIL Introduction The Council supports the purpose of the proposed new Act to give effect to the constitutional recognition of councils as a distinct and essential tier of democratically elected government. Similarly, the Council supports a principle-based Act and the state government’s three over-riding objectives for a new Act to the extent that the principles and stated objectives are given full, practical and authentic expression in the draft Bill. In its submissions to date, the Council has consistently maintained that it is the right of democratically elected bodies to make decisions suitable for, and answerable to, the community that elects it, with state intervention limited to extreme circumstances. This overarching principle aligned comfortably with the three principal aims of the Directions Paper, and the central feature of the local government reform agenda which is to give councils greater agency to determine how to achieve clearly defined outcomes. The Council does not support a principle-based Act with prescription concealed in regulations, mandatory guidelines, policies or ministerial direction. Councils are the creation of state parliament and, to date, parliament has determined how councils will operate. The draft Bill evidences a marked shift away from this current practice. Parliament’s role in determining council practice is noticeably reduced and appears to be moving more toward ministerial guidelines and regulation. Such a shift is not supported where the practical implications impact on council’s autonomy. Moreover, it is impossible to comment on the proposal in an informed way when the guidelines and regulations have not yet been developed. In terms of process, it should be noted that, given salient details in many proposals are either missing entirely or incomplete, feedback by way of an informed submission is impeded and its value to those responsible for these significant reforms questionable. To date, transitional clauses are incomplete, especially ones which impact directly on how services are delivered, such as the future model for regional libraries; draft regulations are non-existent or uncirculated if they do exist; and guidelines or templates appear to be aspirational at this point in the process. Part 2 – Councils Governance Principles: The overarching governance principles and supporting principles are supported. So, too, is the provision that a council evidences good governance if it complies with clause 8. This adds clarity and definition to the role of a council and its consequential powers.

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Constitution of council: The provision relating to the constitution of a council is supported. In relation to the electoral structure of a council, the Council supports preferential voting for multi-member wards and unsubdivided elections. This allows for the best candidates for the entire municipality to be elected. It also allows councillors to collectively focus on the best interests of the entire municipality and avoids the duplication or triplication of effort in multi-member wards. Role of Mayor: Provisions defining the role and specific powers of a mayor are supported because they add clarity and consistency and a move away from reliance on convention. The Council submits, however, that it should be up to each council to determine the length of a mayoral term as this allows for individual determination based on differing considerations and personality. It is also consistent with allowing autonomy. Deputy Mayor: Similarly, councils should have the option of a deputy mayor rather than the position mandated in the new Act. Imposing this as a one size fits all model fails to acknowledge local needs, capacity or competence. The flexibility in the status quo should prevail. If the new Act does mandate the role of deputy mayor, there should be specific provision for remuneration, although it is acknowledged this will place another burden on smaller councils. To the extent that it may be destabilising for both the mayor and the council, the new provision allowing a council to vote out an elected mayor during his or her term if 75% of councillors agree is not supported. It is also noted that this proposal was not part of the Discussion Paper or Directions Paper. Councillor Allowances: This Council urges the Government to commission an independent review of councillor allowances. The current allowance structure does not reflect the changing and evolving role of a Councillor and the ever increasing demands on their time. In its current form, the allowance structure does not encourage candidates from a diversity of backgrounds to seek office; rather it acts as an impediment. Chief Executive Remuneration Policy: This requirement does not adequately respect that council is a distinct tier of government in its own right. Requiring a council to have a Chief Executive Officer Employment and Remuneration Policy is an example of prescriptive over-reach. Councils should determine how and who is recruited to the position and the terms of their employment. The requirement in clause 44(3) that this policy be consistent with the principles contained in the Government of Victoria’s Policy on Executive Remuneration in Public Entities belies the fact that councils, while public entities, are constituted by democratically elected, as opposed to appointed, members and should, therefore, be accorded a commensurate degree of autonomy in relation to its appointments because the ultimate accountability is to those electing the councillors to office. Moreover, a determination of what ‘consistency’ actually means needs clarification as there are many components to this state government policy and how those components affect Chief Executive Officers in public sector agencies would be different in a local government setting. If this provision is to remain in the new Act, perhaps instead the word ‘consistent’ could be substituted with the ‘broadly aligns’ allowing some measure of flexibility and an acknowledgement of autonomy.

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The Council submits it is reasonably within its competence to determine what remuneration is appropriate for its employee taking into account any local considerations it deems appropriate and relevant. Workforce Plan: The Council supports in principle having a workforce plan on the basis that our workforce is probably our most important asset. But the Council does not support mandating such a plan as the draft Bill proposes in clause 45(4). It should be discretionary. Currently, a Chief Executive Officer is not required to have a workforce plan. Some may choose to have one as it may serve an organisational purpose, some may not. Changing a staff structure should remain a management prerogative and the responsibility of the Chief Executive Officer. There does not appear to be any compelling reason to have one mandated and the status quo is supported. The requirement to have such a plan and what should be included in it should come from the Council if it so chooses. To impose such a plan may impact on the ability of a council to make service decisions that impact on staff, such as exiting from council services. It is submitted the current change provisions are adequate and are complex enough given the operation of the Fair Work Act. A further layer of state legislation is unnecessary. This is another example of prescriptive over-reach and contradicts the stated reform agenda of leaving it to councils to determine how to meet defined outcomes. If staffing in the administrative arm of a council is an issue, in a principle-based Act it would be preferable to address the desired outcome as a governance principle and then leave it up to individual councils to work out how best to meet this administratively. After all, clause 7(2) of the draft Bill states a council provides good governance if it complies with clause 8. Notification of Restructure: The Council does not support clause 45(4)(b)of the draft Bill requiring the CEO to advise councillors before undertaking a restructure. This undermines the CEO’s responsibility for staff which is set out in clause 45(3)(a). The reality is no CEO is going to undertake a significant restructure without at least briefing the councillors. Similarly, clause 45(4)(c) is not supported. Consultation in relation to proposed restructuring is already clearly covered under enterprise agreements, Commonwealth industrial law and common law. Retention of Senior Office: The Council supports the retention of ‘senior officer’ as a workable, practical administrative designation in the organisation’s structure, and there does not appear to be any compelling reason for removing the definition as proposed. If, however, removal is inevitable, it would be prudent to include transitional provisions in the draft to address existing senior officers on maximum term contracts moving to other employment arrangements determined by either the Council or the Chief Executive Officer.

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CEO Delegation during absence: The Council does not support the new powers of delegation in clause 10 of the draft Bill to the extent that it restricts the ability of the CEO to appoint an officer to act as CEO in his or her absence. Currently, unless the Council determines to limit its delegation, the CEO has the discretion to appoint an officer to act CEO in his or her absence, whether planned or otherwise. Under the proposed Bill, a resolution of Council will be required. The power for the CEO to do so is not delegable: cf clause 10(2)(c). This exclusion is administratively impractical. Worse still, in an emergency, the CEO would need to wait for the next scheduled meeting of the council for a resolution to appoint an acting CEO unless a special meeting of the council were convoked which would appear completely over the top and inefficient. It is submitted the status quo should prevail. Alternatively, provision could be made in the Bill for the CEO to make short- term appointments, perhaps four weeks. Regional Libraries: It is noted that the there is no provision for regional library corporations under the new Act. While it is acknowledged that transitional provisions relating to regional library corporations are still being worked on, the council advocates for detailed transition planning to take place to ensure that library corporations can move across to a new governance structure without having to wind up. Details of the new proposed model should be provided as soon as practicable in order to allow collaboration and detailed planning to commence. Part 3 – Policy and decision-making Community Engagement: The Council acknowledges the community shapes the Council Plan and, therefore, the importance of community engagement. In a principle-based Act, the Council supports the requirement that councils undertake a deliberative community engagement process before adopting a four-year council plan, but it does not support being told how to do it. The methodology should be determined by the Council in accordance with local expectation and accountability, not prescribed by the Act or Regulation. The term ‘participatory democracy’ denoting active, systematic and varied forms of community engagement in the decision-making process appears to be a popular concept; but it comes at a cost, and the cost is not just a financial one. The more the Act imposes obligations on councillors and what is required of them, particularly in terms of engagement, the diverse field of candidates diminishes because not everyone has the same capacity in terms of time. The role of a councillor is not currently full-time and so the opportunity to serve is open to a broad field of candidates, many of whom have other professional or domestic commitments. To expand the role in terms of obligation would reduce the field. In this regard ‘participatory democracy’ is counter-intuitive: it diminishes rather than enhances participation. For this reason, any mandated requirement as to what constitutes representation is not supported. The status quo should prevail. The individual should determine how to represent his or her constituents and be accountable for it.

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Public Transparency: The Council acknowledges that transparency and accountability of council operations may vary between councils, and in a principle-based Act it may be appropriate to provide as a matter of principle that transparency and accountability are compulsory attributes for all councils. But, given councils are accountable to those who democratically elect them, how those councils apply the stated principle should be decided by the respective council and each will be judged, or held to account, accordingly. For this reason, requiring a council to adopt and maintain a public transparency policy is not supported. The Council does, however, support the public transparency principles. As an alternative, provision could be made for optional guidelines. This would respect council autonomy, allow flexibility, and is consistent with the government’s reform agenda. Mandated Governance Rules: The same reasoning could also apply to the provision in the draft Bill mandating councils develop, adopt and keep in force Governance Rules in relation to meetings of the Council, the keeping of meeting records and the election of a mayor and deputy mayor. It is, however, submitted that while the Council supports the concept of governance rules in principle, retaining the existing provisions would engender more certainty and stability than rules susceptible to opportunistic change. If the current practice of including meeting rules in local laws based on legislative prescription is to be changed, then suitable safeguards should be introduced to ensure the changes are measured, informed and appropriate notice given of an intention to change those rules. It should also be noted that if clause 58(1)(c) of the Bill provides for a council to have governance rules for the conduct of joint council meetings, in the absence of standard or model rules to be adopted by all councils, it is difficult to see, from a practical point of view, how such meetings could or should be conducted where there is inconsistency. Meetings open to the public: The Council notes the provision in clause 63 requiring council meetings to be open to the public unless specified circumstances apply. The Council supports the specified circumstances, especially 63(b) and (c): security reasons and necessity to enable the meeting to proceed in an orderly manner respectively. The practical application of the proposed clause is, however, questionable given the provision that if either (b) or (c) apply, the meeting can only be closed if arrangements have been made for proceedings to be viewed by the public while the meeting is being held. Unless a standby facility is in place for every meeting just in case the meeting descends into chaos, under the current provision the meeting could not be closed even if there is a security concern unfolding or disorderly conduct inhibiting the transaction of business. For the section to be of practical benefit, it would need to allow the meeting to be closed even if, at the time, an alternative arrangement was not in place for the public to view proceedings while the meeting was being held. The only way the proposed clause could work would be where security could be identified as an issue in advance or disorderly conduct could be predicted.

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Council Collaboration: The provision encouraging collaboration between councils is supported. The Council already proactively seeks out collaboration opportunities within the Loddon Mallee region and further afield. The Council is engaged in the Local Government Special Interest Group and Regional Procurement Excellence Network meetings where tender and quotation opportunities are investigated. The Council does this, however, on its own initiative not because it is required to. Joint Procurement: Reference to joint procurement should be general, allowing opportunities to collaborate to identify areas that could achieve mutual efficiencies. The specific reference to procurement is too prescriptive in this context and denies operational discretion. It should set the conditions to encourage procurement collaboration but not make it mandatory. Again councils should be allowed the autonomy to make decisions based on their knowledge of what best fits local conditions or circumstances. Joint Council Meetings: Council collaboration is supported and the draft Bill facilitates this with a new power for joint council meetings. Local Laws: The provision that local laws require consultation with the community and must be certified by a legally trained qualified person is supported. In the interests of consistency and administrative efficiency, the Council also supports automatically indexing penalties as is currently provided in state legislation. Good Practice Guidelines: The proposed ministerial good practice guidelines to assist councils comply with the Act is supported. It is noted while councils will not be bound to implement the guidelines, adherence to the guidelines may be used as evidence of compliance with the corresponding provisions in the Act or Regulations. It is submitted that this approach should be extended to cover the policies and rules that planned to be mandated, including the election period policy that is intended to form part of the mandated Governance Rules. The only concern is to ensure the guidelines are not used as a way of adding another layer of prescription independent of the Act. Authorised officers: It should be noted that the wording in the draft clause 326(10) in relation to authorised officers entering any land or building in the municipal district to carry out and enforce ‘this Act or any regulation or local law’ omits the inclusion of ‘or any other Act’ which is in the current Local Government Act. The current wording gives the Municipal Fire Prevention Officer the ability to enter a property to inspect so as to form an opinion as to whether a property constitutes a fire hazard or not. The omission of the wording ‘any other Act’ in the draft Bill now removes the ability of the Council’s fire prevention officers to enter a property to form an opinion whether a property may be a fire hazard when enforcing the provisions of the Country Fire Authority Act 1958. It is submitted the existing wording should be retained.

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Policies made public: The Council does not support the proposal in clause 56 to make all the policies required under the Act to be publicly available. It is submitted that only policies relevant to the public be publicly available. There appears to be no compelling reason why policies addressing internal matters and relevant to staff, such as Council’s human resources policies or occupational health and safety policies, be available to the public. It is noted that similar policies relevant to staff in state government departments are not available to the general public so it is unclear why such a proposal be imposed on local government. Part 4 – Planning and financial management Integrated Planning: The proposal to strengthen integrated planning at councils is supported, particularly the reaffirmation that the Council Plan is the key strategic planning document for councils. Budget: The proposal in the draft Bill to run the Budget for four years with the Council Plan with provision for annual review of the Budget is supported, although such a proposal was not included in the Directions Paper. In the absence of cogent arguments in favour of the proposal, it may be prudent to consult further with sector. If the Budget does run for four years as proposed, provision should be made in the new Act for yearly review. 10 Year Vision: The proposal to mandate a community vision of at least 10 years developed with the local community is supported. The draft Bill could be revised to clarify that this is, in fact, intended to be a rolling vision that may be reviewed when considered necessary or changed at the discretion of a subsequent council. The Bill needs to allow the flexibility for any plan to be reviewed by the duly elected Council. In other words, it is a 10 year vision, but it is not locked in for a term of 10 years. 10 Year Asset Plan: The Council supports mandating an Asset Plan of 10 years with appropriate transitional provisions, although this may be a burden on smaller municipalities. 10 Year Financial Plan: The Council supports mandating a Financial Plan of 10 years with appropriate transitional provisions, although this may be a burden on smaller municipalities. Council Plan: The proposal to retain the current timeline for finalising the Council Plan is noted. Annual Report: The Council supports publishing an annual report. Reporting: The Council supports the Mayor publicly reporting annual progress against the Council Plan. Revenue and Rate Plan: While not currently required, the Council supports mandating the adoption of a Revenue and Rate Plan.

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Investment Restrictions: The Council notes the draft Bill retains the current limitations restricting the investment types available to councils to mitigate the likelihood of high risk investments compromising the financial sustainability of a council. Performance Reporting: The Council also notes the proposal to retain comparable performance reporting captured through the Know Your Council website. Part 5 – Rates and charges Rating Exemptions: Provisions that update rating exemptions so they are clear and fair are supported. It acknowledges that currently all land is rateable except for land exempted in the Act and this will continue, but exemptions will be defined more clearly for purposes of clarity. Mining Land: The Council notes that land used exclusively for mining becomes rateable where it currently is exempt. This is supported. Valuation System: Requiring councils to apply capital improved value as the single uniform valuation system for raising general rates is supported, as is the proposal to fix the municipal charge at a maximum of 10% of the total revenue from rates and charges in the financial year. It is, however, submitted that this proposal may pose a challenge for smaller councils that may face compelling local reasons for a higher percentage. Differential Rates: Retaining differential rates in their current form; requiring councils to clearly specify how the use of differential rating contributes to the equitable and efficient conduct of council functions; and retaining the requirement that the highest differential rate must be no more than four times the lowest differential rate are all supported. Rate Capping: The Council notes the draft Bill retains the Fair Go Rates system which caps rates at CPI with provision for a council to seek a variation. The Council submits that CPI be substituted with a more appropriate measure that takes into account areas with growing communities. The Local Government Index, is an example. Local Government costs generally increase by approximately one percent above the consumer price index. The CPI weights household goods and services, whereas the local government index forecasts local government cost movements each year.1 Environmental Upgrade: The Council supports the draft Bill strengthening environmental upgrade provisions to make it clear benefits extend to the owners of residential land. Part 6 – Council operations Service Performance Principles: Consistent with a principle-based Act, the council supports the service performance principles proposed in the draft Bill.

1Municipal Association of Victoria, Local Government Finance

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Complaints Policy: The council also acknowledges the organisational benefit of a complaints policy in terms of accountability and continual improvement in operational or service delivery, although it questions whether such a policy should be mandated. The Ombudsman’s guidelines recommend a complaint handling policy and, in response to this, many councils have already adopted one without compulsion. By way of compromise, and in the interests of respecting the autonomy of councils, the performance principle stated in clause 145(2) (d) of the draft Bill could include reference to accountability or transparency as a stated outcome, while leaving it up to councils to best determine how it will meet this. This may be adopting a complaints policy; but it may involve another process deemed to both meet the stated principle and the expectations of the local community to which the council is ultimately responsible. Procurement and Investment Policy: The proposal that councils set their own procurement and investment policies consistent with sound financial management and opportunities for collaboration and which ensure fair and open competition is supported. The requirement that this is done at least once during each four year term rather than mandating it be done at the start of each term is also supported. The provision recognises that councillors are already under a significant amount of pressure early in their term to understand and set the direction of council at a strategic level with the Council Plan, Community Plan, Asset Plan, Financial Plan and Budget, for example. It also recognises that, while important, the procurement policy is an operational policy with no immediate requirement to change upon a change of a council. The proposed timing allows for councillors to have a firm understanding of the scope and scale of the organisation and their role in decision-making before reviewing its procurement policy. Procurement: Prescribing what must be included in a procurement policy is supported as it allows for greater flexibility in council procurement practices. Allowing councils freedom to determine their own tender thresholds and associated primary processes for going to tender is also supported, as this will enable councils to set thresholds that are commensurate with the size and complexity of a given council, and the expectations of council and the community. Beneficial Enterprise: The proposed flexibility for councils to engage in beneficial enterprises and co-operative business opportunities which deliver public value provided such enterprise is consistent with the role of a council as defined in Part 2 Division 2 of the draft Bill is supported. Public Consultation: The Council notes and supports the retention of the existing provisions relating to public consultation before a proposed sale of land. Part 7 – Council integrity Councillor Code of Conduct: The Council supports retaining the councillor conduct framework recently introduced by the Local Government (Improved Governance) Act 2015.

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Conflict of Interest: Simplifying the overly complex conflict of interest provisions in the current Act is supported. It is, however, arguable whether the proposed provisions could have even more clarity by refining the definition of conflict of interest in a way that would remove the distinction between ‘material conflict’ and ‘general conflict’ to reflect the fact that any conflict of interest is a conflict to be avoided in the discharge of a public duty. Introducing degrees of conflict with commensurate penalties may serve to create doubt and once again turn what should be a relatively straightforward concept into an arcane science, not unlike the current provisions. An officer acting contrary to their public duty remains the same whether it involves an affected person or a ‘private interest’. The exemptions are supported, although arguably if the definition is refined many of the exemptions would be self-evident. Code of conduct declaration: The new provisions regarding a single declaration to abide by the Code of Conduct within three months of an election, and clarity as to the manner and form of words of the declaration to remove any ambiguity is supportive. This should add a degree of consistency and certainty to the process across the sector. Misconduct: The Council notes the misconduct, serious misconduct and gross misconduct provisions have been retained. This is supported. Gift Policy and Gifts Register: The Council supports the requirement to have in place a publicly transparent gifts policy covering acceptance and disposal of gifts by councillors and a gift register. Part 8 – Ministerial oversight Exemptions from Regulations: The Council notes the draft Bill recognises that councils have the capacity to develop and adopt arrangements that significantly exceed minimum requirements in Regulations. To recognise and encourage the adoption of higher standards, the Council supports provision for high performing councils to apply for and obtain exemptions from particular Regulations. Power to suspend: The Council notes the draft Bill retains ministerial power to suspend an entire council where there is evidence of significant governance failures or breaches of the law. Dismissal: The Council notes the dismissal of a council still requires the passage of a Bill through both houses of the Victorian Parliament2, although no mention is made of individual councillors. Powers to deal with individual councillor: Provision in the new Act to strengthen the Minister’s powers to deal with individual councillors who are contributing to or causing serious governance failures at a council in exceptional circumstances is supported.

2 s.74B(2) Constitution Act 1975

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Power to appoint a municipal monitor: Retaining the current ministerial power to appoint a municipal monitor; to issue a governance direction to a council; and to stand down a councillor is also supported. Similarly, empowering the Minister to recommend a councillor be suspended by an order-in-council for contributing to or causing serious governance failures at a council in exceptional circumstances is also supported, as is the provision to initiate a commission of inquiry. Dismissal of an individual councillor: The Council submits, however, that in exceptional circumstances, a provision enabling the Minister either directly or through an order-in-council to dismiss a councillor or, at the very least, a mechanism whereby a councillor’s own action or inaction brings about the dismissal or disqualification is also supported. To some extent this already exists in relation to personal circumstances like being an undischarged bankrupt3, or having property subject to control under the law relating to bankruptcy4; or attribute, such as being of unsound mind5; or inaction, such as not taking the oath of office of councillor within three months after the day on which he or she was declared elected6; or action, such as being disqualified under section 81K after a finding of gross misconduct and the period of disqualification in the order made by VCAT under that section has not expired7. This remedy is also consistent with the reform agenda because it would enable early intervention to avoid council dismissal where there is evidence of poor behaviour adversely impacting on the capacity of a council to transact business or conduct itself in a manner consistent with the councillor code of conduct. Part 9 – Council elections Voting: The Council notes the draft Bill retains the voting entitlement provisions in the current Act: that is, voter franchise includes citizens on the state roll and property franchise voters. The Council, however, continues to support provision that the new Act grandfather the voting entitlement of existing property-franchise voters in the municipality and make voting compulsory for all enrolled voters. Elections: The Council supports the other provisions relating to council elections. Greater Bendigo City Council xxx 2018

3 s.29(1)(a) Local Government Act 1989

4 Ibid, s.29(1)(b)

5 Ibid, s.29(1)(c)

6 Ibid, s.29(1)(e)

7 Ibid, s.29(1)(fa)

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7.2 FINANCE COMMITTEE REPORT AS AT 31 DECEMBER 2017

Document Information

Author Nathan Morsillo, Manager Financial Strategy Responsible Kerryn Ellis, Director Corporate Performance Director

Summary/Purpose

To provide Council with:

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

RECOMMENDATION

That the Greater Bendigo City Council: 1. Receive the Finance Report comparing Budgeted and Actual Revenues and

Expenses to 31 December 2017, in accordance with the requirements of the Local Government Act.

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

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

CARRIED

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

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Policy Context

City of Greater Bendigo Community Plan 2017-2021:

Goal 1 Lead and govern for all

Objective 1.3 Be innovative and financially responsible

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

Background Information

In accordance with Section 138 of the Local Government Act 1989: “At least every 3 months, the Chief Executive Officer must ensure that a statement

comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date is presented to the Council at a Council meeting which is open to the public.”

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

Report

This report provides an update on the financial performance in comparison to the adopted budget for the 2017/18 financial year. 1. Actual Financial Performance (as at 31st December 2017)

The City’s operating result as at 31 December 2017 is $2,679,420 favourable to budget. Operating Result - YTD Actual vs YTD Budget

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

YTD Budget 31/12/2017

Surplus/(Deficit)

YTD Actual 31/12/2017

Surplus/(Deficit)

Variance

$62,425,174 $65,104,594 $2,679,420 Favourable

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

Major variances that contribute to the result include:

Area Fav / Unfav Main Contributing Factors $

Interest on Investments

Favourable Holding higher levels of cash than previously budgeted.

$401,000

Employee Benefits

Favourable As a result of the stage 2 restructure and some temporary savings have been made due to existing positions not being backfilled.

$1,981,000

Depreciation /Amortisation

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

($1,531,000)

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Cash Result - YTD Actual vs YTD Budget

The City’s cash result for the first half of the financial year is $2,367,870 favourable to budget as at 31 December 2017.

The Cash Result takes the Operating Result and removes non cash transactions. It also includes Capital Works expenditure, loan repayments, new loan drawdowns and Reserve transfer movements.

YTD Budget 31/12/2017

YTD Actual 31/12/2017

Variance

$58,427,954 $60,795,824 $2,367,870 Favourable

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

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

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

Annual Budget 30/06/2018

Forecast 30/06/2018

Variance

Surplus Surplus Variance

$22,583,865 $24,707,675 $2,123,810 Favourable

Major variances that contribute to the forecast favourable operating result include:

Area Fav / (Unfav) Details $

Contributions - Cash

Favourable Cash contributions are favourable due to the timing of contributions for the Bendigo Stadium redevelopment being delayed from last financial year into this financial year.

$5,245,000

Government Grants – Operational

Favourable Grants favourable due to receiving unbudgeted grants for the National Livestock Identification Program; Golden Dragon Museum to showcase Sun Loong at a Melbourne event; and Bendigo Cultural Diversity Projection Project.

$1,211,000

Government Grants - Capex

Favourable Due to receiving unbudgeted grants for the Bendigo Tennis pavilion construction and the Scott Street bridge in White Hills.

$2,995,000

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Area Fav / (Unfav) Details $

Interest on Investments

Favourable Additional earnings due to higher levels of cash than budgeted.

$286,000

User Charges, Fees and Fines

Unfavourable The unfavourable result is due to reduced income for Works within Road Reserves; and lower revenue from home support programs. Home support variances are due to lower than expected service hours, in part due to the transition to the National Disability Insurance Scheme.

($1,103,000)

Contract Payments, Materials and Services

Unfavourable The unfavourable forecast is due to $4M of additional costs associated with running the Council's Waste Service. In particular the landfill cover and increased levy to meet EPA requirements at Eaglehawk of $3M and additional agency relief and consultant costs.

($4,559,000)

Depreciation/ Amortisation

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

($3,052,000)

Cash Result - Forecast v Annual Budget

Annual Budget 30/06/2018

Forecast Result 30/06/2018

Variance

Deficit Surplus

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

(refer progressive summary below)

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

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3. Progressive Cash Surplus/Deficit Summary

The cash result must be managed on an ongoing basis rather than annually, as the impact from previous year's results, will affect the following year's budget. With this in mind the table below shows:

Annual Budget Surplus/(Deficit)

Forecast Result Surplus/(Deficit)

2017 Cash Result – starting point (forecast includes carry forwards)

($58,878) ($28,558,655)

Accumulated Surplus Carried Forward 30/06/17

$30,039,502 $30,039,502

Carried Forward Capital Work Projects from 2016-17

($29,647,742) -

Grants received in 2016-17 not spent at 30 June 2017, that relate directly to projects in 2016-17

($520,229) -

Accumulated Surplus/(Deficit) Carried Forward 30/06/18

($187,347) $1,480,847

4. Mid-Year Budget Requests

The following requests for additional funds have been received:

Project Details $

Bin Maintenance Officer Casual labour hire is required to maintain the current service standard for bin maintenance. With the introduction of the organics service in 2016 and overall demand, requests for repair and maintenance have increase by approximately 50%.

$60,000

Agency Staff for Landfill Transfer Stations

Service growth has been utilising Agency staff at the Eaglehawk and Heathcote Landfills as well as the Strathfieldsaye and Goornong transfer stations.

$720,000

Landfill Levy Landfill levy (EPA) is required to be paid on every tonne of waste received at Eaglehawk landfill.

$3,000,000

Artlands National Arts Festival

Artlands is the arts and cultural industry annual pinnacle event that typically attracts in the vicinity of 800 - 1000 conference delegates for a multi-day conference. Bendigo has the opportunity to stage this event in 2018.

$25,000

Redevelopment Options – Property

The existing Gas Works Site is an important Heritage site and asset that

$45,000

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commenced operation in 1860. The site is heavily contaminated and is soon to be cleaned up. This work will inform the clean-up of critical future works and development on the site.

Heathcote Bowling Club – Car Park

Works to provide formal off-street parking for the Bowling Club is included in the planned works as part of the Barrack Reserve Redevelopment project, as a replacement for the informal grassed parking area that the club currently uses and that is being utilised for construction of the new pavilion Northern entry forecourt and acrylic netball court, pending final costs of the pavilion and netball court construction.

$100,000

Lighting of pitch 4 soccer field at Epsom Huntly Recreation Reserve

In 2016 the City sought funding from Sport and Recreation Victoria for lighting to Pitch 4 and lighting of the 3 netball courts at Epsom Huntly Recreation Reserve. This submission was unsuccessful however the City did obtain $100,000 for lighting at Marist College.

The lighting to Pitch 4 soccer field is $85,000. This will provide lighting to soccer training standard.

$85,000

Pits and Drains Cleaning Contract

There is an increased need for pits and drains cleaning as current contract budget will not cover this.

$80,000

Techone Licence Increase

The licensing agreement with Tech One is per 1000 rateable properties. This cost reflective of the increased fees associated with organic growth in properties.

$60,086

Additional Property Maintenance

Additional operational funding is required to ensure the ongoing operation of the City's building portfolio. Part of these additional works and costs have been due to an increase of building facilities numbers, i.e. Malone and Dower Park, and unforeseen works at our major depots. There has also been a large increase in vandalism and Graffiti damage across our property portfolio.

$150,000

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The recommendation of the Finance Committee results in the following adjusted Forecast Cash Surplus of $935,761:

Forecast Result Surplus/(Deficit)

Forecast Accumulated Surplus 30/06/17 prior to Mid-Year Review

$1,480,847

Inclusion of Mid-Year Requests:

Artlands National Arts Festival 2018

Redevelopment Options (Gas Works) – Property

Heathcote Bowling Club Car Park (Deferred from 2017/18 Budget)

Bendigo FC - Pitch 4 (Deferred from 2017/18 Budget)

Pits and drains cleaning contract

TechOne Enterprise Licence increase

Additional property maintenance costs

25,000 45,000

100,000

85,000

80,000 60,086

150,000

Forecast Accumulated Surplus 30/06/18 $935,761

Funded through Reserves:

Bin Maintenance Officer

Agency Staff - Landfill and Transfer Stations

Additional Landfill Levy

60,000 720,000

3,000,000

Conclusion

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

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7.3 RECORD OF ASSEMBLIES

Document Information

Author Jessica Clarke-Hong, Manager Governance Responsible Kerryn Ellis, Director Corporate Performance Director

Purpose

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

RECOMMENDATION

That Council endorse the record of assemblies of Councillors as outlined in this report. RESOLUTION Moved Cr Williams, Seconded Cr Emond. That the recommendation be adopted.

CARRIED

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

Policy Context

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

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

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Background Information

A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors (5) and a member of Council staff; or 2. an advisory committee of the Council where one or more Councillors are present. The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.

Report

Meeting Information

Meeting Name/Type

Councillors' Briefing

Meeting Date 31 January 2018

Matters discussed 1. Golden Square Swimming Pool 2. CBD Activation Plan 3. Workshop on Local Government Act Exposure Draft 4. Visit to Dunedin, New Zealand 5. Citizen of the Year Awards 6. Former Red Brick School House, Epsom

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Mr Lincoln Fitzgerald Mr Bernie O'Sullivan Ms Debbie Wood Mrs Jessica Clarke-Hong Mr Peter Hargraves Apology: Ms Kerryn Ellis Ms Vicky Mason

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

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Nil

Meeting Information

Meeting Name/Type

Councillors' Briefing

Meeting Date 5 February 2018

Matters discussed 1. Environmental Review Committee (GBM Gold) 2. Public Space Plan 3. Strategic Heritage Assets 4. GBM Gold 5. State Planning Policy 6. Administration Local Law No. 10 7. Review of Draft Ordinary Agenda 8. Capital Venues and Events 9. Red brick building at Epsom Primary School 10. Marong Business Park 11. Register of Interests 12. La Trobe Athletics Facility

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Ms Vicky Mason Mr David Straw Mr Bernie O'Sullivan Ms Debbie Wood Mrs Jessica Clarke-Hong Apology: Ms Kerryn Ellis

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 9 November 2017

Matters discussed Planning application DSD/123/2017 29 Towers Street, FLORA HILL 3550 4 Lot subdivision and construction of 4 dwellings

Attendees/Apologies

Councillors Cr Yvonne Wrigglesworth Cr George Flack

Staff/ Community Representatives

Adele Hayes Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Sustainability and Environment Advisory Committee Meeting

Meeting Date 6 February 2018

Matters discussed 1. Spring Gully Mountain Bike Network Master Plan 2. Community Grants Program Round 2 2018 3. Committee term of appointment 4. Climate Drawdown Summit 5. Bendigo Groundwater Project

Attendees/Apologies

Councillors Cr Margaret O'Rourke Cr Andrea Metcalf Apology: Cr Jennifer Alden

Staff/ Community Representatives

Mr Anthony Sheean Mr Bernie O'Sullivan Mr Trevor Budge Ms Bridget Maplestone/ M/S Jess Milroy Mr Chris Weir Ms Pamela Beattie Mr Colin Smith M/S Terri Williams Ms Kelly Button Mr James Shaddick Mr Geoff Caine Apology: Ms Kathyrn Stanislawski

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Councillors' Briefing

Meeting Date 12 February 2018

Matters discussed 1. Planning matters 2. Councillor Budget Workshop 1

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Ms Vicky Mason Ms Kerryn Ellis Mr Bernie O'Sullivan Ms Debbie Wood Mrs Jessica Clarke-Hong Mr Nathan Morsillo Mr Scott Evans

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Heritage Advisory Committee Meeting

Meeting Date 15 February 2018

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

Attendees/Apologies

Councillors Cr Matt Emond

Staff/ Community Representatives

Ms Emma Bryant Mr Trevor Budge Mrs Wonona Fuzzard Ms Megan McDougall Dr Dannielle Orr Ms Trudy Rickard/ Mr Peter Abbott Mr David Bannear Mr Laurie Brown Bishop Andrew Curnow Mr Matthew Dwyer Ms Angela Gladman Mr Bruce McClure M/S Jess Millroy Dr Di Smith Ms Jenny Trewartha Mr Darren Wright Apology: Mr Bernie O'Sullivan

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Councillors' Briefing

Meeting Date 19 February 2018

Matters discussed 1. Bendigo Sustainability Group briefing 2. Rail Futures Institute briefing 3. Review of Final Ordinary Meeting Agenda 4. Section 89 Confidential Report 5. Redbrick schoolhouse at Epsom Primary School 6. Councillor Budget Workshop 2

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Ms Vicky Mason Ms Kerryn Ellis Mr Bernie O'Sullivan Ms Debbie Wood Mr Peter Hargreaves Mr Nathan Morsillo Mr Scott Evans Apology: Mrs Jessica Clarke-Hong

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Meeting with State Member for Bendigo East, The Hon Jacinta Allan MP

Meeting Date 23 February 2018

Matters discussed Redbrick schoolhouse at Epsom Primary School

Attendees/Apologies

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

Staff/ Community Representatives

Mr Craig Niemann Mr Bernie O'Sullivan

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Councillors' Budget Workshop 3

Meeting Date 26 February 2018

Matters discussed Continued Budget 2018/2019 discussions

Attendees/Apologies

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

Staff/ Community Representatives

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

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 14 December 2017

Matters discussed Planning application DU/352/2017 6 Eddington Street, AXEDALE 3551 Use of the land for a restricted recreation facility (gym), construction of a car park and display of advertising signage

Attendees/Apologies

Councillors Cr Margaret O’Rourke

Staff/ Community Representatives

Grace Paisley Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 20 December 2017

Matters discussed Planning application DU/222/2017 729 Edwards Road, MARONG 3515 Use of land for motor repairs and a vehicle store

Attendees/Apologies

Councillors Cr Matt Emond Jennifer Alden

Staff/ Community Representatives

Cr Chris Duckett Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 23 January 2018

Matters discussed Planning application DSD/656/2017 2 Albion Street, KENNINGTON 3550 Two lot subdivision and construction of two dwellings

Attendees/Apologies

Councillors Cr Margaret O’Rourke Cr Yvonne Wrigglesworth

Staff/ Community Representatives

Grace Paisley Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 14 December 2017

Matters discussed Planning application DU/352/2017 6 Eddington Street, AXEDALE 3551 Use of the land for a restricted recreation facility (gym), construction of a car park and display of advertising signage

Attendees/Apologies

Councillors Cr Margaret O’Rourke

Staff/ Community Representatives

Grace Paisley Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 19 January 2018

Matters discussed Planning application DU/768/2017 5 Matchett Drive, STRATHDALE 3550 Use and development of land for industry (Brewery), food and drink premises (Cafe), the sale and consumption of liquor, reduction of car parking requirement and advertising signs

Attendees/Apologies

Councillors Cr Yvonne Wrigglesworth

Staff/ Community Representatives

Chris Duckett Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 19 February 2018

Matters discussed Planning application DU/761/2017 Lot 1 Collins Lane, EMU CREEK 3551 Use and development of land for animal husbandry

Attendees/Apologies

Councillors Cr Margaret O’Rourke Cr Yvonne Wrigglesworth

Staff/ Community Representatives

Grace Paisley Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

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8. URGENT BUSINESS

9. NOTICES OF MOTION

Nil.

10. COUNCILLORS' REPORTS

Cr Emond reported on his attendance at the following meetings and events: - community day well received for the last day of the Kangaroo Flat Swimming Pool - launch of the Marong Community Plan by Cr Alden at the Marong Family Fun Day - attendance at Kangaroo Flat RSL following the building of its new kitchen and

refurbished area at the rear of the wonderful facility - meeting of Bendigo Manufacturing Group at with Minister Carroll announced the

Regional Manufacturing Cluster funding Cr Williams reported on his attendance at the following meetings and events: - inspected development at Bendigo Stadium and attended Stadium Board and

Finance Meeting - Meeting of Bendigo Livestock Exchange stakeholders for implementation of

livestock identification project - Met with The Hon Jacinta Allan with fellow Councillor, Andrea Metcalf regarding

Elmore Progress Association leasing arrangements along the railway line - Met with Campaspe Environmental Watering Group at Elmore - MC'ed the 'Farming for Sustainable Soils Program' hosted by the North Central

Catchment Management Authority - As part of the Calder Highway Improvement Committee meeting, met with

Member for Bendigo West, Maree Edwards Cr Hoskin reported on her attendance at the following meetings and events: - Attended function at Bendigo District Aboriginal Cooperative where Minister made

announcement regarding title of the land in Forest Street - Attended the launch of the new Marimekko exhibition at the Bendigo Art Gallery - Attended the CFA State Championships in Bendigo - Attended the Sandakan Memorial Service - Participated in site visits to Thales and Hofmann Engineering in Bendigo

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Cr Flack reported on his attendance at the following meetings and events: - Attended the CFA State Championships in Bendigo - Attended the Bendigo International Madison - Attended the Eaglehawk Dahlia and Arts Festival celebrations and procession - Attended site visits to Thales and Hofmann Engineering - Attended the Heritage Victoria morning tea Cr Wrigglesworth reported on her attendance at the following meetings and events: - Extended congratulations to Axedale Events Committee on the successful staging

of the Quick Shear Competition! - Attended International Women's Day events - Attended the signing of Memorandum of Understanding between Council and

Heathcote Tourism and Development - Supported Clean-Up Australia Day at the Axedale Cemetery Cr Alden reported on her attendance at a numerous number of events and meetings: - Represented the Mayor and Council at the Paul Hawken's Climate Summit at

which he spoke about his Drawdown project - Presented at the National Urban Agriculture Forum - Attended Marong Family Fun Day - Toured Marong with the Marong Community Action Group - Attended a gathering of the Bendigo Embroidery Guild - Attended a Community Human Rights Forum - Attended Zinda Night in the Park Festival - Conveyed congratulations to Loddon Campaspe Multicultural Service for

'refreshing' the Festival of Cultures - Reminded all in attendance that today is Harmony Day and the United Nations

Day for Eliminating Racial Discrimination - Attended the community event marking the closure of the Kangaroo Flat

Swimming Pool - Attended Country Week Bowls in Bendigo - Attended the Gender Equity Workshop - Met with United States Acting Ambassador to Australia

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11. MAYOR'S REPORT

The Mayor, Cr O'Rourke, tabled a report on her attendance at the following meetings and events: Attended the Bendigo Sports Star of the Year awards Attended media opportunity by the Hon. Jacinta Allan MP – La Trobe University Athletics

Centre funding announcement for new lights Attended the Community Engagement Plan for Lockwood Ward meeting Attended and spoke at the La Trobe University O-Week Launch event Chaired the Epsom Ascot Huntly Flood Mitigation Study Advisory Group meeting Attended the City of Greater Bendigo Audit Committee meeting Attended the Bendigo Safe Community Forum meeting Welcomed attendees at the Marimekko Exhibition Launch at the Bendigo Art Gallery Attended and participated in official proceedings at the Sanitarium Weet-Bix Kids TRYathlon Attended and spoke at the El Rocio Spanish Festival held in Heathcote Attended the Zonta International Women’s Day Dinner Attended the International Women's Day Celebration with the Grill'd Bendigo Thunder Assisted with the presentation for the National Award for Best Hot Cross Bun to the Good

Load Bakery Attended the Women’s Health Loddon Mallee Women’s Day Breakfast Spoke at the St Paul's Cathedral Parish service to commemorate International Women's Day Presented to students at Catherine McAuley College for International Women’s Day Addressed the attendees at the City of Greater Bendigo Gender Equity Forum Welcomed attendees to the Australian Caravan Club (ACC) Annual Chairman’s Muster held

at the Elmore Events Centre Attended the Heathcote & District Farmers Lunch Met with the Heathcote Winegrowers Association Participated in a media opportunity for the signing of new MOU between City of Greater

Bendigo & Heathcote Tourism Board Welcomed participants and attendees to the 135th State Senior Urban Fire Brigade

Championships Spoke and laid a wreath at the Sandakan Commemorative Service Attended the Gold and Opal Club Corporate Dinner for the Bendigo International Madison

Carnival Attended the Sod Turning Ceremony and Unveiling of the Heathcote Childcare Centre Attended the Strategic Site Visit to Thales and Hofmann Engineering Attended announcement by Maree Edwards MP Member for Bendigo West - City of Greater

Bendigo's application to the TAC Safer Cyclists and Pedestrian Fund Attended a luncheon with La Trobe University Council Members Attended and participated at the I Love Central Bendigo event Attended the official opening of Bendigo TAFE’s Health and Community Centre of Excellence Attended and spoke at the Officially Launch of the Explore, Engage, Empower – Youth in

Greater Bendigo Youth Strategy 2017-2021 Hosted a morning tea with the Heritage Council of Victoria at the Bendigo Town Hall Welcomed attendees at the Community Human Rights Forum held at Ulumbarra Theatre Participated in the Dahlia an Arts Festival Gala Parade Officially welcomed attendees at the Assembly of the Bards of Cornish Gorsedh at

Canterbury Park Gardens Attended and spoke at the Community Day for the last day of operation at Kangaroo Flat

Swimming Pool Attended events as part of the Zinda Festival Spoke at the Annual SPAN Walk

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Presented at the MAV Technology Conference on the topic of ‘Community partnerships for Smart City outcomes’ at Kardinia Park, Geelong

Attended the presentation of the Wine Spur Cycling Trail Proposal to Ms Steph Ryan MP, Member for Euroa, Deputy Leader of The Nationals

Attended a roundtable discussion with Michelle Rowland MP Shadow Minister for Communications

Chaired the Greater Bendigo Farming Advisory Committee meeting Met with the Hon. Richard Wynne MP Participated in numerous workshops and forums Participated in numerous radio, newspaper, television media interviews and photo

opportunities 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.

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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 of Loddon Campaspe Regional Partnerships Attended the celebration of Thales 75 Years of Defence Manufacturing Participated in regular radio and media interviews Met with representatives of Parmalat Attended a Board meeting of Bendigo Heritage Attractions Attended a meeting between representatives from Regional Development Victoria and City of

Greater Bendigo Attended a meeting of the City of Greater Bendigo Internal Audit Committee Attended a meeting of CEOs of Regional Cities Victoria Attended the City of Greater Bendigo Gender Equity Forum Met with Mr Dennis Bice, recently appointed as CEO of Be.Bendigo Attended the site visit of Thales and Hofmanns Attended the announcement by Maree Edwards MP regarding City of Greater Bendigo's

application to the TAC Safer Cyclists and Pedestrian Fund Met La Trobe University Council Members and Chancellor Professor Richard Larkins Met with Maree Edwards MP to promote and discuss City of Greater Bendigo's priority project

booklet Met with Professor John Dewar who provided an updated on developments and initiatives at

the Bendigo campus La Trobe University Met with Steph Ryan MP, Member for Euroa, to promote and discuss City of Greater

Bendigo's priority project booklet Met with Minister Richard Wynne to promote and discuss City of Greater Bendigo's priority

project booklet.

13. CONFIDENTIAL (SECTION 89) REPORTS

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

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

CARRIED

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There being no further business, the meeting closed at 7:47 pm.

Confirmed: 18 April 2018 Chair