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AGENDA

Ordinary Meeting of Council


6.00pm Wednesday 16 December 2015

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

QUESTION TIME WILL BE LIMITED TO WRITTEN QUESTIONS RECEIVED BEFORE


12 NOON ON THE DAY OF THE MEETING. THE QUESTIONS WILL BE READ BY A COUNCIL
REPRESENTATIVE AND ANSWERED BY THE MAYOR. THERE WILL NOT BE AN OPPORTUNITY FOR
QUESTIONS TO BE ASKED FROM THE FLOOR

VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 20 January 2016
Bendigo Town Hall
Copies of the City of Greater Bendigo Councils Agendas & Minutes
can be obtained online at www.bendigo.vic.gov.au

PAGE 1

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

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

Transparency - Information about Council decisions is readily available and easily


understood;
Efficiency and effectiveness - Council provides services based on evidence of
need and demonstrates continuous improvement in the delivery of services;
Inclusion and consultation - Council uses a range of engagement strategies to
ensure community members can understand and take part in discussion that
informs the development of new strategies and actions;
Clear decisive and consistent planning - In a rapidly growing municipality, Council
undertakes to plan effectively for our long-term future;
Respect for community priorities and needs - Council will advocate for improved
services for community members and will consider community impact and
feedback the decisions it makes.

Themes
1.

Planning for Growth

2.

Presentation and Vibrancy

3.

Productivity

4.

Sustainability

5.

Leadership and Good Governance

PAGE 2

ORDINARY MEETING
WEDNESDAY 16 DECEMBER 2015

ORDER OF BUSINESS:
ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

DECLARATIONS OF CONFLICT OF INTEREST

CONFIRMATION OF MINUTES

1.

PETITIONS AND JOINT LETTERS

2.

PLANNING FOR GROWTH

10

2.1

Bendigo Urban Flood Study - Adopt and Begin Planning


Scheme Amendment C221

10

2.2

Planning Scheme Amendment C216 - Hospital Precinct


Structure Plan, Consider Submissions and Adoption

18

2.3

5 Gold Hill Court, Kangaroo Flat - Four Lot Subdivision


with Common Property and Construction of Two
Dwellings

32

2.4

11a Arrawalli Avenue, Ascot - Approval of a Development


Plan, 8 Lot Subdivision, Development of 8 Dwellings and
Fences

48

3.

PRESENTATION AND VIBRANCY

73

3.1

Support for Department of Environment, Land, Water and


Planning Committees of Management

73

3.2

Redesdale Community Hub Feasibility Study

80

3.3

Community Grants - Community Assessment Panels'


Member Appointments

86

PAGE 3

4.

PRODUCTIVITY

91

5.

SUSTAINABILITY

91

6.

LEADERSHIP AND GOOD GOVERNANCE

92

6.1

Review of the Local Government Act 1989

92

6.2

Progress Report: Independent Review Implementation

102

6.3

Councillor Support Policy Update

110

6.4

Annual Report - Bendigo Livestock Exchange 2014/15

114

6.5

Annual Report - Works Unit 2014/15

119

6.6

Record of Assemblies

124

6.7

Contracts Awarded Under Delegation

135

7.

URGENT BUSINESS

137

8.

NOTICES OF MOTION

138

8.1

Notice of Motion: Future Use of Former White Hills


Landfill Site

138

9.

COUNCILLORS' REPORTS

139

10.

MAYOR'S REPORT

139

11.

CHIEF EXECUTIVE OFFICER'S REPORT

139

12.

CONFIDENTIAL (SECTION 89) REPORTS

139

12.1

Confidential Report in accordance with Section 89(2)(e) of


the Local Government Act 1989, relating to a proposed
development.

139

____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER

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Ordinary Meeting - 16 December 2015

ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES

SUSPENSION OF STANDING ORDERS


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

PUBLIC QUESTION TIME


Public Question Time Guidelines
Public Question Time Purpose
Council has provided the opportunity for members of the public to lodge written questions
of broad interest to Council and the community. Matters relating to routine Council works
should be taken up with Councils Customer Service Officers through its Customer
Request System.
Question time will be limited to written questions received before 12 noon on the
day of the meeting. The questions will be read by a Council representative and
answered by the Mayor.
No questions relating to planning matters on the Agenda will be accepted. By the time
planning matters have reached the council agenda, they have been through an extensive
process as required by the Planning and Environment Act. In addition, in most instances
mediation has been held between the parties involved. Throughout the process there are
many opportunities for people to ask questions.
Public Question Time Where, When And Who
The public question time is held at every Ordinary Meeting of Greater Bendigo City
Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo
Town Hall, Hargreaves Street, Bendigo.
The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered written questions.

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Ordinary Meeting - 16 December 2015

Acceptance of Questions
Councils Meeting Procedure Local Law does not allow for other questions or comments
during the remainder of the meeting.
1.

An individual may only lodge one question per meeting.

2.

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

3.

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

4.

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

5.

Each individual whose written question has been accepted or declined will be
advised by early afternoon on the day of the scheduled meeting.

6.

In the event of a written question being declined the question will be circulated to
the Council for information.

RESUMPTION OF STANDING ORDERS


That Standing Orders be resumed.
CR CHAPMAN'S REPORT

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Ordinary Meeting - 16 December 2015

DECLARATIONS OF CONFLICT OF INTEREST


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

direct financial interest


indirect interest by close association
indirect interest that is an indirect financial interest
indirect interest because of conflicting duties
indirect interest because of receipt of an applicable gift
indirect interest as a consequence of becoming an interested party
indirect interest as a result of impact on residential amenity
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.

PAGE 7

Ordinary Meeting - 16 December 2015

CONFIRMATION OF MINUTES
Minutes of the Ordinary Meeting of Wednesday 25 November 2015.
The following items were considered at the Ordinary Council meeting held on
Wednesday 25 November 2015 at 6:00pm.

Strathfieldsaye Township East Precinct - Revised Development Plan Funding


Agreement
1-3 Bannerman Street, Bendigo - Subdivision of Land into 4 Lots (In Stages),
Demolition of Outbuildings, Partial Demolition and Extension to Existing Dwellings
and Construction of 2 Dwellings (Single Storey)
Soldiers Memorial Institute Revitalisation Project
Domestic Animal Management Plan 2016-2020
Review of Local Law No 2 - Keeping of Animals
Revised Elmore Community Plan
Future Management and Operation of Malone Park
Disability Inclusion Reference Committee
Home and Community Care Services Update
Awarding of Contract No: CT000230 for Sealing of Various Roads
Council Plan 2015-2016: First Quarter Report, September 2015
Councillor Dispute Resolution
Submission to the Ministerial Advisory Committee Inquiry into the Enquiry into the
Environment Protection Authority
Financial Report as at 30 September 2015
2014/15 Annual Report - Goldfields Library Corporation
2014/15 Annual Report - Bendigo Stadium Ltd
Record of Assemblies
Contracts Awarded Under Delegation
Section 89 Confidential Reports

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 25 November
2015, as circulated, be taken as read and confirmed.

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Ordinary Meeting - 16 December 2015

1.

PETITIONS AND JOINT LETTERS

Nil.

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Planning for Growth - Reports

2.

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Ordinary Meeting - 16 December 2015

PLANNING FOR GROWTH

2.1

BENDIGO URBAN FLOOD STUDY - ADOPT AND BEGIN PLANNING


SCHEME AMENDMENT C221

Document Information
Author

Emma Bryant, Co-ordinator Amendments & Heritage

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Amendment details:

This amendment implements the Bendigo Urban Flood


Study 2013, which was commissioned by the North Central
Catchment Management Authority and the City. It is one of
the largest and most comprehensive urban flood studies
ever undertaken and its implementation will provide a
consistent set of flooding planning controls across the
Bendigo Urban area for the first time
The amendment will apply flooding controls to a number of
properties to ensure that flooding is considered in
development proposals. It will also reduce planning permit
requirements when certain conditions are met and introduce
guidelines for development within flood prone areas.

Proponent:

City of Greater Bendigo and North Central Catchment


Management Authority

Key issues:

Updating the flood controls for the City to assist future land
use planning and development decisions to minimise the
risks to the Bendigo community from flooding.

Recommendation:

That Council adopt the Bendigo Urban Flood Study 2013


and request the Minister for Planning to authorise
Amendment 221 to the Greater Bendigo Planning Scheme,
and when authorised, exhibit the Amendment.

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Council manages the planning and development of the City through the preparation
of major strategies and effective amendments to the planning scheme.

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Ordinary Meeting - 16 December 2015

Sustainability
Implement the Bendigo Flood Study by commencing the associated planning scheme
amendment.
Background Information
The key steps in the Amendment process are summarised below:

Amendment prepared

Council decides whether to seek


Ministerial Authorisation

We are at this
point

Public Exhibition of Amendment

Submissions received?

Council requests an Independent


Panel to consider submissions

Panel Hearing held

Council decides to Adopt or


Abandon the Amendment

Send to Minister for Approval


and Gazettal

For many years the Land Subject to Overland Flooding overlays in Bendigos Planning
Scheme have been recognised as being out of date and inaccurate. In 2009, after
extensive lobbying by the Director Planning and Development, the City, North Central
Catchment Management Authority (NCCMA), the State Government and the Federal
Government (via the then Natural Disaster Mitigation Program) committed funds to
undertake a new flood study for the purpose of updating these overlays in the Planning
Scheme. Refer attachment for final study.

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Ordinary Meeting - 16 December 2015

Bendigo is made up of a very complex series of catchments and sub catchments that
ultimately feed water into Bendigo Creek that travels north towards the Murray River. To
fully understand this complexity, the consultant, Water Technology, integrated two
models to map overall flooding. The Rainfall and Runoff Model, otherwise known as the
Spine model, was used to model the main creeks. This model was calibrated using data
from existing stream gauges and observations / photos obtained from the community
during early consultation phases. The Rainfall on Grid model was used to model the
many individual small catchments across the city using real ground surface levels and
approximately 20,000 underground stormwater pipes.
The resulting raw data was very detailed ranging from a small puddle in a back yard to a
fast flowing creek; approximately 50,000 properties were affected. The consultants
believe that the study is the largest of its type ever undertaken in Victoria and possibly
Australia (1 computer ran the models for more than 12 months).
The NCCMA and the City then applied filters to this information, eg removing all flooding
less than 50mm, removing puddles less than 800m2, to come up with the ultimate
mainstream flooding along the creeks and waterways and stormwater flooding. Storm
water flooding areas were further refined to only include areas where the drainage
problem was unlikely to be fixed in the near future as no feasible solution has been
determined and where development in the flood path could affect downstream
properties. The stormwater flooding overlay is also proposed on and behind the levy
bank in Epsom to protect the levy from development, and to prevent development that
could be affected by levy bank breaches.
The study area was expanded after the project had started to include Maiden Gully,
Strathfieldsaye and Junortoun for completeness and to provide information for structure
planning. These areas were not included in the original study area, which focussed on
the Bendigo Creek, as they drain into the Myers Creek and Axe Creek / Campaspe
River.
Community Consultation:
Given the nature of the study and potential number of properties affected, an extensive
community consultation process was undertaken following finalisation of the Study in late
2013. The City and the NCCMA individually contacted nearly 10,000 people who could
be affected by the Study, to seek feedback on the flood mapping.
Communications included:
Media briefing, media releases and public notices
Individual letters to properties owners affected by the proposed Planning Scheme
Overlays (9,216).
Twelve public workshops to allow individual residents, businesses, and
landowners to discuss the flood study at prearranged times.
More than 600 individual meetings
Radio and television
Website (more than 2,500 hits)
Social media

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Ordinary Meeting - 16 December 2015

The consultation allowed landowners the opportunity to provide further data to assist in
refining the predicted impacts of storms on their property. The further information
generally related to recent changes in landform or structures and where warranted the
flood mapping was changed.
Planning Scheme Controls
The final flood mapping from the Study has been translated to planning scheme controls;
either to a Land Subject to Inundation Overlay, (mainstream flooding, which is currently
applied in some areas of the municipality), or to a Special Building Overlay.
The
Special Building Overlay identifies where there are issues with the council urban
drainage system as opposed to flooding along the creeks.
The Environmental Significance Overlay is currently used in the planning scheme as a
type of de facto flooding overlay. It is therefore proposed to remove this overlay from
creeks that do not have environmental concerns; ie constructed channels and minor
waterways not designated under the Water Act 1989.
It is also proposed to amend the Land Subject to inundation Overlay to reduce planning
permit requirements and to introduce a Local Floodplain Development Plan, which will
provide specific guidance for planning permit applicants.
Previous Council decisions
23 October 2013 Council endorsed the community consultation phase for the study.
Report
The Planning and Environment Act 1987 allows for a planning scheme Amendment to be
initiated by a municipal Council, or a Council can respond to a request for an
Amendment by any person or body.
When requesting authorisation from the Minister for Planning, an Explanatory Report
must be submitted that discusses the purpose, effects and strategic justification for the
Amendment. Key issues identified in the Explanatory Report are summarised below.
(Full copy attached).
Land affected by the Amendment
The Amendment will affect approximately 5,500 properties in total across the Municipality
by either adding or removing an overlay. Some properties will be affected by more than
one map change. Refer to attached map of land to be affected by a flooding control.
What the Amendment does
The Amendment proposes to:
Amend Clause 21.08 Environment of the Municipal Strategic Statement to refer to the
importance of flood management and planning.

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Ordinary Meeting - 16 December 2015

Rezone 16 Rosemundy Road from Urban Floodway Zone to Farming Zone.


Apply the Land subject to Inundation Overlay to a number of properties throughout
the municipality (approximately 5,074 properties).
Remove the Land Subject to Inundation Overlay from a number of properties
throughout the municipality (approximately 682 properties).
If appropriate apply the Floodway Overlay to a number of properties.
Introduce Clause 44.05 Special Building Overlay schedule to the scheme.
Apply the Special Building Overlay to a number of properties throughout the
municipality (approximately 776 properties).
Remove the Environmental Significance Overlay schedule 1 from a number of
properties (approximately 2,000 properties).
Amend the schedule to Clause 44.04 Land Subject to Inundation Overlay to reduce
planning permit requirements and to include a Local Floodplain Development Plan.
Amend the schedule to Clause 61.03 to update the list of maps in of the planning
scheme.
Amend Clause 81 to include the Bendigo Local Floodplain Development Plan (2015)
as an incorporated document in the planning scheme.
Social, Economic and Environmental Impacts
The amendment will have overall positive social, economic and environmental benefits in
that it will provide more accurate flood information to the community. The amendment
proposes to apply development controls in areas affected by flooding to mitigate against
risk to life and property. The new controls will create a safer living and working
environment for the occupants of the properties concerned. Having development that is
designed appropriately to withstand flooding will not only make the community safer, it
will save the community money in the longer term.
The new controls will also help to prevent inappropriate development from occurring in
the flood ways that could reduce the capacity of the floodplain to store and convey
floodwater, or divert floodwater to other land not normally inundated by floodwater.
Well-designed development will also have benefits for the environment in that the
floodplain will be better managed reducing impacts downstream.
The new flood information will be made available to the insurance industry via the
Victorian Flood Database. This will result in lower premiums for many landholders as the
insurers will be able to refine and reduce premiums based on the accurate information;
they are currently using out of date information based on the 2010/11 floods
conservatively to determine premiums.
Strategic Justification Planning Context
The Amendment is supported by the following clauses in the Greater Bendigo Planning
Scheme:

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Ordinary Meeting - 16 December 2015

State Planning Policy Framework


Clause 11.02 Supply of Urban land
Planning for urban growth should consider the limits of land capability and natural
hazards and environmental quality.
11.05-4 Regional Planning Strategies
Respond to the impacts of climate change and natural hazards and promote community
safety by siting and designing new dwellings, subdivisions and other development to
minimise risk to life, property, the natural environment and community infrastructure from
natural hazards, such as bushfire and flood.
13.02 Floodplains
Identify land affected by flooding, including floodway areas, as verified by the relevant
floodplain management authority, in planning scheme maps. Avoid intensifying the
impacts of flooding through inappropriately located uses and developments.
14.02 Catchment planning and management
Undertake measures to minimise the quantity and retard the flow of stormwater runoff
from developed areas.
14.02-2 Water quality
Discourage incompatible land uses in areas subject to flooding to ensure minimum
impact on downstream water quality or flow volumes.
19.03 Stormwater
Reduce the impact of stormwater on catchments.
Local Planning Policy Framework
21.08 Environment
21.08-4 Implementation
Further strategic work identifies the need to apply the new flood mapping in statutory
controls, and to provide design and development guidelines for land use and
development in and near floodplains.
Consultation/Communication
Considerable consultation has taken place with key stakeholders and government
agencies prior to the proposed formal community consultation phase of the project. This
consultation has been managed via a stakeholder project steering committee chaired by
the Citys Director of Presentation and Assets.

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Ordinary Meeting - 16 December 2015

Preliminary feedback was also obtained from members of the public who were able to
provide valuable photographic and video evidence of the impact of known storms
throughout Bendigo. This information was used in the preliminary calibration processes
for the spine model.
Discussions have also occurred with representatives from the (community based) Epsom
Huntly Drainage Committee.
External Consultation:

NCCMA
State Emergency Service
Coliban Water
Department of Environment and Primary Industries
Department of Environment, Land, Water and Planning
Bureau of Meteorology

Internal Consultation:

Engineering and Public Space


Statutory Planning
Emergency Management and Risk
Communications and Media

Future Consultation
Once the amendment is authorised it will be publicly exhibited for a minimum of a month,
as required under the Planning and Environment Act 1987. The City must give notice of
Amendments to all owners and occupiers who may be materially affected by an
Amendment, together with prescribed Ministers and public authorities.
The Amendment notice will be exhibited in the Government Gazette and the Bendigo
Advertiser Newspaper and information provided on Councils website. A bulletin will also
be sent to affected landholders explaining the changes, and a community information
session will be held for people to drop in and ask questions, and one on one meetings
will be held with individuals if needed.
Due to the community consultation that has already occurred, and the high resolution of
issues raised about the flood data already, it is expected the consultation process will run
smoothly, but provisions are in place for extensive community interest and responses.
Conclusion
To ensure that new development in or near floodplains is designed appropriately to
protect assets, life and the floodplain, it is critical that this new flood information is
introduced to the planning scheme. It is recommended that Council seek authorisation
from the Minister for Planning to prepare and exhibit the Amendment.

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Ordinary Meeting - 16 December 2015

Options
Council has the option of:
Supporting the Amendment proposal and making a request to the Minister for
Planning to authorise preparation and exhibition of the Amendment.
Refusing the request to prepare an Amendment.
Requesting further information if the Amendment application documentation is not
sufficiently comprehensive for a request to the Minster at this time.
Resource Implications
Extensive officer time will be required to prepare the Amendment documentation for
authorisation, exhibition, manage the exhibition process and liaise with the Minister for
Planning.
The City is responsible for payment of statutory fees and costs incurred in the processing
of the Amendment. This may include a panel hearing process if the Amendment has
unresolved submissions following exhibition. This has been budgeted for.
The amendment will result in more properties being covered by an overlay therefore
increased planning applications. However this resource cost is partially off set by the
development of more permit exemptions in the overlay, development of a Floodplain
Development Plan to give more guidance on applications and a reduction of the risk of
development and infrastructure being affected by flooding in the future.
Attachments
Bendigo Urban Flood Study 2013
Explanatory report
Map of flood area

RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1. Adopt the Bendigo Urban Flood Study 2013.
2. Request the Minister for Planning to authorise Council to prepare Amendment C221
to the Greater Bendigo Planning Scheme.
3. When Authorised by the Minister, exhibit Amendment C221 to the Greater Bendigo
Planning Scheme giving notification as required for six weeks.

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Planning for Growth - Reports

2.2

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Ordinary Meeting - 16 December 2015

PLANNING SCHEME AMENDMENT C216 - HOSPITAL PRECINCT


STRUCTURE PLAN, CONSIDER SUBMISSIONS AND ADOPTION

Document Information
Author

Mark Stubbs, Senior Strategic Planner


Alison Kiefel, Council Projects Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Amendment details:

The Amendment seeks to introduce the Hospital Precinct


Structure Plan (2014) into the Planning Scheme.
The amendment will;
Update the Municipal Strategic Statement,
Introduce a local planning policy on Hospital Precinct
Medical Centres,
Amend the existing Parking Overlay,
Insert a new Parking Overlay,
Insert two new Design and Development Overlays,
Remove a section of Heritage Overlay on Drought Street,
remove the Neighbourhood Character Overlay on
Barnard, Lucan, Bayne and Arnold Streets,
Establish the Hospital Precinct Structure Plan as a
reference document and implement a number of zone
changes.

Proponent:

City of Greater Bendigo

No. of submissions:

13 No objections

Key issues:

Introduction of new policies to guide development, and


development location.
Requests to include land in the Design and Development
Overlay.
Enquiries regarding Parking.

Recommendation:

That Council adopts the amendment with changes and


requests the Minister for Planning to approve C216.

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Theme 2 - Planning for Growth
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Planning for Growth - Reports

2.2

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Ordinary Meeting - 16 December 2015

Council manages the planning and development of the City through the
preparation of major strategies and effective amendments to the planning
scheme.
2.2.1 Complete and implement the following major strategies through planning
scheme amendments:
Hospital Precinct Structure Plan

Background Information
The key steps in the Amendment process are summarised below:

Amendment prepared

Council decides whether to seek


Ministerial Authorisation

Public Exhibition of Amendment

Submissions received

Council requests an Independent


Panel to consider submissions

Panel Hearing held

Council decides to Adopt or


Abandon the Amendment

We are at this
point

Send to Minister for Approval


and Gazettal

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

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Ordinary Meeting - 16 December 2015

Previous Council Decisions


April 2013
October 2013
April 2014
September 2014
March 2015

Consideration of Technical Analysis Report


Draft Concept Structure Plan
Draft HPSP released for community comment
HSPS adopted by Council
Council supports Amendment C216 to be authorised by the Minister
for Planning and exhibited.

Report
An Explanatory Report is attached and details the purpose, effect of the Amendment and
provides the strategic justification for the Amendment as required. Key issues identified
in the Explanatory Report are summarised below.
Land affected by the Amendment
The Amendment applies to 165 hectares of land immediately surrounding the new
Bendigo Hospital, generally bounded by Norfolk Street, Smith Street, Nolan Street,
Napier Street, Joseph Street, Chapel Street, Pall Mall, View Street, Valentine Street,
Hustlers Road, Hunt Street and Orlwin Street, Bendigo. It is shown as the Hospital
Precinct on the map below.

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Ordinary Meeting - 16 December 2015

What the Amendment does


The Amendment implements the Hospital Precinct Structure Plan (2014) by updating the
Municipal Strategic Statement, introducing a local planning policy on Hospital Precinct
Medical Centres, amending the existing Parking Overlay, inserting a new Parking
Overlay, inserting two new Design and Development Overlays, removing a section of
Heritage Overlay 4 on Drought Street, removing the Neighbourhood Character Overlay 1
on Barnard, Lucan, Bayne and Arnold Streets, establishing the Hospital Precinct
Structure Plan as a reference document and implementing a number of zone changes as
specified in the Hospital Precinct Structure Plan.
Consultation/Communication
Exhibition Procedures
The Amendment was exhibited for six weeks (must be a minimum of a month) from 30
July to 10 September 2015.

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Ordinary Meeting - 16 December 2015

Notice was provided in the following manner:


Individual notices to owners and occupiers of land affected by the Amendment, which

were customised to identify specific changes according to property.


Notices included an information bulletin and plain English summary report was

provided to owners and occupiers of all properties affected by changes proposed by


the Amendment.
Notices to prescribed Ministers under Section 19(1)(c) of the Planning and
Environment Act.
Notices to all authorities materially affected under Section 19(1)(a) of the Act.
Public notice of the Amendment in the Bendigo Advertiser on 29 July, 1 August, 12
August and 15 August 2015.
Publication of the notice of the Amendment in the Government Gazette on 30 July
2015.
Information sessions on 3 August, 11 August, 18 August, and 22 August 2015.
Information available on the City's website.

Submissions
Thirteen (13) submissions (6 from referral authorities and 7 from the public) were
received during the exhibition period and are summarised below.
All submitters have been contacted to discuss and respond to concerns, resulting in all
submitters having no objection to the amendment. Therefore no Panel is necessary to
proceed with this amendment.

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Ordinary Meeting - 16 December 2015

Submitter 1: R Martin & L Hodgens (E+ Architecture)


Summary of Submission

Officer Response & Recommendation

Should consider changing the proposed


rezoning between Barnard, Water,
Bridge and Arnold Streets to have
Commercial activity addressing Barnard
Street and residential behind. Barnard
Street is best suited to this busier and
noisier environment, whilst housing is
best suited to the centre of the block (i.e.
Uley Street area) and along Water
Street, where there is less traffic and
higher amenity overlooking Rosalind
Park.

Recommendation:
No
change
to
amendment.
After information provided regarding the
Residential Growth Zone and the
amendment, the submitter confirms no
objection.
A change to the configuration of
proposed rezonings is not necessarily
required, and could potentially be
counter-productive.
The C1Z, is proposed to be applied to
properties on the first half of Water
Street leading up from Bridge Street.
The remaining half of the street
overlooking Rosalind Park is within the
RGZ
and
so
apartments
and
townhouses could be developed to take
advantage of the amenity of this
position.
The Residential Growth Zone (RGZ),
proposed for Barnard Street, and Uley
Street (north side), allows certain
commercial uses either as-of-right or
with a planning permit. Conversely, if
the Commercial 1 Zone (C1Z) were
applied to this area, the range of
commercial uses would increase, and
could potentially dilute commercial
investment into Bridge Street where it is
most needed.

Exhibited Rezoning Map


C1Z = Commercial 1 Zone
RGZ = Residential Growth Zone

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24

Ordinary Meeting - 16 December 2015

Recent developments in Bridge Street do


not live up to the image of Bridge Street
shown in the 'artist's impression in the
Hospital
Precinct
Structure
Plan.
Concerned that Bridge Street will not
provide a pedestrian-friendly corridor and
that this might be better redirected along
Water Street where there is less traffic
and higher amenity.

Recent developments in Bridge St are


not yet subject to the controls being
introduced in this amendment, which is
to guide development as per the
Structure Plan. The quality of building
design along Bridge Street will
undoubtedly have a strong influence on
the appeal of the street for pedestrian
activity. Water Street is still likely to be a
popular walking street for the reasons
noted, however Bridge Street is the
preferred
location
to
encourage
pedestrian activity to support businesses
and add life to the street. Bridge Street
is also the most suitable for walking
because it is flat.

Delivering higher quality, well-designed


medium density housing in Bendigo is
essential and we would like to engage in
further discussion on this topic with the
City of Greater Bendigo.

This further discussion is welcomed, and


is particularly relevant to the Housing
Strategy that is currently being
developed.

Submitter 2: North Central Catchment Management Authority


Summary of Submission

Officer Response & Recommendation

Supports the exhibition as exhibited.

Recommendation:
amendment.

No

change

to

Submitter 3: Devin Pty Ltd


Summary of Submission

Officer Response & Recommendation

Supports the amendment.

Recommendation:
amendment.

Would like the dual lane in Bridge Street


retained due to its function as a major
thoroughfare and to avoid causing traffic
congestion.

Noted, however as advised in public


information, the amendment does not
reduce traffic lanes in Bridge Street.
However, the Structure Plan, which will
be a reference document in the Planning
Scheme, documents changes to Bridge
Street a key strategy for access and
movement.

PAGE 24

No

change

to

Planning for Growth - Reports

25

Ordinary Meeting - 16 December 2015

Submitter 4: Rising Sun Property Consultants (on behalf of The Cheng and
Lok Company Pty Ltd)
Summary of submission

Officer Response & Recommendation

Supports the amendment.

Recommendation: correct minor spelling


error in DDO.

Strongly supports rezoning of land at 38


Bridge Street to Commercial 1 Zone, as
well as the 16-20m building height.
Notes one small typographical error in
the DDO.
Submitter 5: Provincial Matters (on behalf of QOD Property Group Pty Ltd and
Lakkis Bros Bendigo Pty Ltd)
Summary of Submission

Officer Response & Recommendation

Recommendation: Change amendment


to include subject site in Design and
Supports in particular opportunities for Development Overlay 21; proposed
commercial growth and higher density change is for height controls of 12 16m
development, and built form planning (H3), built to edge of title and include
weather protection on primary frontage.
controls.
Supports the amendment.

Also supports the rezoning of the subject The submitter supports this change.
site from Commercial 2 to Commercial 1.
Note: The City of Greater Bendigo is the
Requests that that the Design and landowner of the site subject to this
Development Overlay (Schedule 21) for submission (Chinese Museum).
Bridge Street is extended to include the
subject site, which is considered to be
part of the Bridge Street precinct. The
DDO controls should provide direction
related to building height and form, as
well as interaction with the adjoining park
and other land uses.

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26

Ordinary Meeting - 16 December 2015

Submitter 6: Provincial Matters (on behalf of Bendigo Chinese Association)


Summary of Submission

Officer Response & Recommendation

Recommendation: Change amendment


to include subject site in Design and
Supports in particular opportunities for Development Overlay 21; proposed
commercial growth and higher density change is for height controls of 12 16m
development, and built form planning (H3), built to edge of title and include
weather protection on primary frontage.
controls.
Supports the amendment.

Also supports the rezoning of the subject The submitter supports this change.
site from Commercial 2 to Commercial 1.
Note: The City of Greater Bendigo is the
Requests that that the Design and landowner of the site subject to this
Development Overlay (Schedule 21) for submission (Chinese Museum).
Bridge Street is extended to include the
subject site, which is considered to be
part of the Bridge Street precinct. The
DDO controls should provide direction
related to building height and form, as
well as interaction with the adjoining park
and other land uses.
Submitter 7: Department of Economic Development, Jobs, Transport &
Resources
Summary of Submission
No
suggested
Amendment.

changes

Officer Response & Recommendation


to

the Recommendation:
amendment.

Notes the various transport initiatives


within the Hospital Precinct Structure
Plan which will require ongoing
collaboration between the City of Greater
Bendigo and the transport portfolio.

PAGE 26

No

changes

to

Planning for Growth - Reports

27

Ordinary Meeting - 16 December 2015

Submitter 8: J Brennan & Janet Bennett


Summary of Submission

Officer Response & Recommendation

Has purchased a property in Barkly


Street with the intention of establishing a
future medical practice, however notes
that the site is within the 'non-preferred
area for medical centres'.

Recommendation:
amendment

Recognises the planning objectives,


however highlights that the subject
property has no heritage value, that
there is an entrance from Hope and
Barkly Streets, that there is significant
pedestrian activity to/from the Hospital
and that there is a direct line of sight to
the hospital.

No

changes

to

Correspondence with submitter outlined


that new medical centre developments
are not prohibited in the non-preferred
area, however a proposal is required to
meet the objectives and policy
requirements of the Hospital Precinct
Medical Centres Local Policy. The
submitter
is
satisfied
with
this
explanation, and has no objection to the
amendment.

Points to the existence of a medical


practice at the other end of Barkly Street
and also other practices in residential
areas throughout Bendigo, without
affecting neighbourhood amenity.
Considers that the amendment may The impact to property values is
adversely affect property values.
generally not considered a planning
matter.
Submitter 9: Environment Protection Authority Victoria
Summary of Submission
Generally
supports
amendment.

the

Officer Response & Recommendation


proposed Recommendation:
amendment.

Notes that the City of Greater Bendigo


should ensure that the recommendations
of Ministerial Direction 1 (Potentially
Contaminated
Land)
regarding
potentially contaminated land are
adhered to.

No

changes

to

Land proposed by this amendment to be


rezoned to allow a future sensitive use
(i.e. to the General Residential Zone) is
not known to have been previously used
for industry, mining or the storage of
chemicals, gas, wastes or liquid fuel.

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28

Ordinary Meeting - 16 December 2015

Submitter 10: VicRoads


Summary of Submission

Officer Response & Recommendation

Supports the amendment in principle.

Recommendation: Amend schedule to


Design and Development Overlay 22 to
include Vehicle access should be
provided from Stewart Street or Grattan
Street, rather than Arnold Street, where
possible
in
Sub-Precinct
B
requirements, as requested. VicRoads
agrees the changes proposed meet their
request.

Regarding Schedule 22 of the Design


and Development Overlay, the area
defined as 'Sub-Precinct B', does not
specify a requirement for sites on arterial
roads to avoid direct vehicle access
to/from the arterial road. A requirement
similar to Sub-Precinct E, should be
included.
The 'Bendigo Inner Box' arterial road
network, which includes Bridge, Arnold,
Barnard and Lucan Streets, provides an
important road function.
In Bridge
Street, the number of traffic lanes should
not be reduced, and the number of
parking spaces should not be increased,
both due to the impacts on the
operational efficiency of the arterial road
network.

Noted, however as advised in public


information, the amendment does not
reduce traffic lanes in Bridge Street.
However, the Structure Plan, which will
be a reference document in the Planning
Scheme, documents changes to Bridge
Street a key strategy for access and
movement.

Submitter 11: Department of Environment, Land, Water & Transport


Summary of Submission

Officer Response & Recommendation

Supports the amendment.

Recommendation:
amendment.

No

changes

to

Suggests that the existing residence A rezoning from Commercial 1 Zone to


owned by the Crown, within the Joseph Public Park and Recreation Zone is
Street reserve is rezoned to Public Park proposed by the amendment.
and Recreation Zone.

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29

Ordinary Meeting - 16 December 2015

Submitter 12: Country Fire Authority


Summary of Submission

Officer Response & Recommendation

The land affected by the amendment has Recommendation: No changes to


a minimal bushfire risk, noting that there amendment.
is the risk of structural fires that should
also be considered.
Noted, however this is beyond the scope
of the amendment, and the preceding
Hospital Precinct Structure Plan. This is
covered by the Building Regulations
Australia.
Recommends
mitigation
measures Although
not
affected
by
the
including fuel reduction management in amendment,
the
Structure
Plan
open space areas.
recognises the importance maintaining
emergency access within the precinct, in
particular via the arterial road network.
Submitter 13: Dean Lockhart
Summary of Submission

Officer Response & Recommendation

Unhappy about the residential parking Recommendation:


amendment.
near his house.
Over the last two years it has been
virtually impossible to get a park during
the day in Barkly Street either as a
resident or as a visitor. This is apparently
due to the development in the Hospital
Precinct.

No

changes

to

It is acknowledged that parking is an


issue of concern in this area, currently
exacerbated by the Hospital construction
and the presence of up 700 tradesmen
on-site. The City has worked closely
with Bendigo Health to minimise impacts
in surrounding areas, however some
impact is unavoidable. This issue is
expected to be alleviated once the
hospital
on
site
car
park for
approximately 1,350 staff, patients and
visitors is complete.

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30

Ordinary Meeting - 16 December 2015

Submitter 13: Dean Lockhart


Summary of Submission

Officer Response & Recommendation

Does the amendment realistically


address the lack of parking, especially
given developers can opt out of providing
parking spaces at $10,561.67 each?
Tradesmen and aging friends and
relatives cannot park their vehicles
anywhere close to my house. Will the
amendment ensure visitors can access
my house?

The amendment established the HPSP


as a reference document which includes
a range of strategic initiatives related,
either directly or indirectly, to parking.
For example: The need, and options, for
a new multi-storey car park in the Bridge
Street precinct. This is where the cashin-lieu of parking payment (as referred)
comes in, essentially as a basis to offset
some of the cost of building such a
facility. A developer would not simply
have the option to opt out of providing
parking by paying cash. Realistically,
part of the parking requirement will be
provided on the ground, and the
balance as a cash-in-lieu payment. The
HPSP also includes various public/active
transport initiatives which can help to
reduce parking demand, and identifies
the need for a parking review (see
below).

Are there any plans for reserved parking


places or any other kind of scheme by
which residents and visitors can access
a parking place on a fair and equitable
basis?

The HPSP includes an action to carry


out a review of parking restrictions once
the Hospital is fully operational (item 16).
Consideration to appropriate parking
management
arrangements,
taking
account of resident and visitor needs will
occur as part of this review. This may or
may not consider resident parking
permits or similar reserved parking
scheme.

Conclusion
As all submissions have been resolved, it is recommended that Council adopt the
amendment, with changes as described in the recommendations above and forward the
adopted amendment to the Minister for Planning for final approval.
Options
Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning
authority may adopt an Amendment or part of an Amendment with or without changes. If
a planning authority adopts part of an Amendment the Amendment is then split into two
parts.

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31

Ordinary Meeting - 16 December 2015

Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of
submissions received in relation to an Amendment, the Council must either:
Change the Amendment in the manner requested by the submitters and adopt the
Amendment with changes; or
Refer the submission(s) to an Independent Panel appointed by the Minister; or
Abandon the Amendment, or part of the Amendment.
It is recommended that Council adopts the amendment in full with changes as described
above. There would be no need for a panel as the submissions are resolved subject to
adoption of the changes.
Resource Implications
There will be negligible impact on the planning permit system as most uses and sites
within the precinct require a planning permit already.
Officer time will be required to prepare the Amendment documentation for adoption and
liaise with the Minister for Planning.
The City is responsible for payment of statutory fees ($798) and costs incurred in the
processing of the Amendment.
As all submissions have been addressed, an independent planning panel hearing has
not been required, resulting in a substantial cost and time saving.
Attachments
Copy of submissions and additional correspondence
Explanatory report
Maps
RECOMMENDATION
That the Greater Bendigo City Council resolves to:
1. Adopt Greater Bendigo Planning Scheme Amendment C216 with changes.
2. Forward the adopted Amendment to the Minister for Planning for approval.

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2.3

32

Ordinary Meeting - 16 December 2015

5 GOLD HILL COURT, KANGAROO FLAT 3555 - FOUR LOT


SUBDIVISION WITH COMMON PROPERTY AND CONSTRUCTION
OF TWO DWELLINGS

Document Information
Author

Simon Francis, Statutory Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Application details:

Four lot subdivision with common property and construction of two


dwellings.

Application No:

DSD/305/2015

Applicant:

RPC Investment Trust

Land:

5 Gold Hill Court, KANGAROO FLAT 3555

Zoning:

General Residential Zone

Overlays:

None

No. of objections:

Consultation
meeting:

A consultation meeting was held on 12 November 2015, attended


by assessing planner, applicant and objectors.

Key considerations:

Planning Scheme policy regarding housing and infill


development;
Kangaroo Flat Residential Character Policy Precinct 6 and the
provisions of the General Residential Zone;
The site and context features and the surrounding pattern of
development;
Amenity impacts on adjoining residents and future residents of
the proposed lots;
Servicing of the lots;
Traffic/parking impacts;
Compliance with ResCode;
Other objector concerns.

Conclusion:

The site is a large property that is currently under underutilised


and a good candidate for infill development of some kind. Council
strategy and policy supports infill in this area and the site is
considered to be suitable for additional dwellings.
The proposed clustering of the dwellings into one corner of the

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33

Ordinary Meeting - 16 December 2015

site, however, is not a design which has satisfactorily considered


the site context, surrounding pattern of development or is
respectful of the existing and preferred character of the area. This
has resulted in an unacceptable design response when assessed
against the key considerations above.
It is recommended Council refuse the application.

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Productivity
Council fosters business and industry growth.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The application site is an irregular shape with a frontage of approximately 36 metres to
Gold Hill Court on the western boundary. The site has an overall area of 3,056 square
metres and two crossovers provide access to the site.
A dwelling exists generally in the middle of the site, with an outbuilding in the south west
corner. The dwelling is located on the highest point of the site with the land sloping away
from the dwelling in all directions. There are several large canopy trees on site and
several others have been removed within the past 3 years. The site is landscaped with
shrubs and Box Ironbark trees.
The site shares boundaries with eight lots and is the largest of five larger lots located at
end of Gold Hill Court. The larger lots range in area from 1,098 to 3,056 square metres.
The site abuts standard sized lots greater than 500 square meters with most in close
proximity greater than 750 square metres. All the lots adjoining the site contain a single
dwelling.
The site is 1.8km from the Kangaroo Flat commercial activity area and approximately
6kms to the CBD. The Kangaroo Flat residential character policy for the area describes it
as:
This area is newly developed with small setbacks and numbers of larger
dwellings, but in parts substantial remnants of native vegetation make it
distinctive. The native vegetation character is strongest when the vegetation flows
from block to block and into the road reserve.

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34

Ordinary Meeting - 16 December 2015

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

Proposal
Subdivision and development
The application proposes to subdivide the existing lot into four lots and construct two
dwellings. Dwellings will be constructed on lots 1 and 2. No dwelling is proposed for lot 3
as the lot size will be greater than 300 square metres, therefore no planning permit is
required. Plans have, however, been submitted to demonstrate that a dwelling can be
constructed on the land.
Lot 1 will be 260 square metres and irregular in shape. A two bedroom dwelling with
attached garage will be constructed one metre (at the closest point) off the rear
boundary. The eastern side wall will be constructed 200mm from the boundary with lot 2.
Lot 2 will be 270 square metres and irregular in shape. A three bedroom dwelling with
attached single garage and hard stand space in front of the garage is proposed. The
western side wall of the dwelling will be constructed within 200mm of the boundary with
lot 1.
Lot 3 will be 306 square metres and plans submitted are indicative only for the purpose
of demonstrating that a dwelling can exist on the lot.
Lot 4 will be 1,915 square metres and comprise the remainder of the site, including the
existing dwelling and outbuilding. Vehicle access to the site will be via the existing
southern crossover closest to the court bowl.

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35

Ordinary Meeting - 16 December 2015

Access to lots 1-3 will be via a common property driveway of 346 square metres to be
located in the north western corner of the site.
Materials and finishes
All proposed dwellings will be constructed of the following materials and finishes:

Roof
Concrete tiles;

Gutter
Colorbond Jasper;

Fascia
Colorbond Jasper;

Walls
Render Cream ;

Windows Aluminium beige.

Figure 2: Site plan.

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36

Ordinary Meeting - 16 December 2015

Figure 3: Subdivision plan.

Planning Controls - Greater Bendigo Planning Scheme


Planning approval is required to subdivide land and construct dwellings under clause
32.08-2 and 32.08-4 (General Residential Zone);
The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework
Open space (clause 11.03)
Regional development (clause 11.05)
Urban environment (clause 15.01)
Sustainable development (clause 15.02)
Residential development (clause 16.01)
Movement networks (clause 18.02)
Development infrastructure (clause 19.03)
Municipal Strategic Statement
Municipal profile (cl.01)
Key issues and influences (clause 21.02)
Vision - strategic framework (clause 21.03)
Strategic directions (clause 21.04)
Settlement (clause 21.05)
Housing (clause 21.06)
Reference documents (clause 21.10)
Local Planning Policies
Kangaroo Flat Residential Character Precinct 6 (clause 22.18)
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Ordinary Meeting - 16 December 2015

Other Provisions
General residential zone (clause 32.08)
Residential subdivision (clause 56)
Decision guidelines (clause 65)
Referral and notice provisions (clause 66)
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

Telstra

No objection subject to conditions

Downer

No objection subject to conditions

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, 4 objections were received with the grounds of objection being
summarised as:

The proposal does not met the Citys adopted Residential Character Policy (KF6);
The design does not respect the existing density of lots within the neighbourhood;
Amenity impacts owing to the closeness of the proposed dwellings with existing
dwellings. Impacts include overshadowing and overlooking;
Inaccuracy with the plans in relation to the adjoining dwellings;
Parking and traffic concerns (increased parking demand within the court bowl);
The design does not detail how the remainder of the land will be developed into the
future.

The objections and planning merits of the proposal are discussed below:
Planning Assessment
Is the principle of an increase in residential density appropriate in this location?

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38

Ordinary Meeting - 16 December 2015

There are broad housing policy directions in the State Policy (Clauses 11.02 and 16.01)
and the Municipal Strategic Statement of the Planning Scheme which are supportive of
medium density housing, in some form, on the application site.
Clause 11.05-4 Regional planning strategies and principles have the objective to
develop regions and settlements which have a strong identity, are prosperous and are
environmentally sustainable.
Of relevance to this application is the strategy to promote liveable regional settlements
and healthy communities by improving the availability of a diverse range of affordable
accommodation, including social housing, in locations with good access to transport,
commercial facilities and community services.
Clause 11.12 Loddon Mallee South regional growth includes strategies which
promote Bendigo as a regional city which seek to facilitate increased residential densities
for underutilised sites and land in Bendigo.
Clause 16.01 Residential development promotes a diverse range of housing that meet
community needs in locations that offer good access to services and transport and that is
both water and energy efficient.
The land is zoned General Residential and located on the outer edge of the Urban
Growth Boundary. The proposal meets the overarching objectives of housing policies
within the State Planning Policy Framework (SPPF) to increase the availability of housing
in established residential areas that offer good access to services and transport and that
is both water and energy efficient. The nearest public bus route is 990 metres away and
located on Olympic Parade. Services in the immediate area are limited, although the site
is in close proximity to schools, 2.5km from the Kangaroo Flat local centre and Bendigo
CBD is within a 10 minute drive.
Whilst the location may be appropriate for a medium density infill development, it is
important to balance this against other objectives in the Planning Scheme as set out in
the MSS. This includes ensuring the proposal which includes the subdivision layout and
location of dwellings is acceptable when assessed against site context, existing
character and the preferred character of the neighbourhood.
Residents have raised concerns about the subdivision layout and location of proposed
dwellings. A key concern raised was the density of dwellings proposed for a particular
corner of the site with no detail how the remainder of the site may be developed in time.
Whilst it is acknowledged that this subdivision would result in an increase in density, it is
also identified as being out of character with neighbourhood. An application should not
be refused on the basis of density alone unless it can be demonstrated that the level of
density would result in a poor planning outcome for additional reasons such as not being
an appropriate response to the features of the site and the surrounding area including
neighbourhood character.
This is discussed further below.
Does the proposed subdivision and development respect existing and preferred
neighbourhood character and an adequate response to the features of the site?
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Ordinary Meeting - 16 December 2015

This is a proposal which requires balancing State and Local policies which encourage
consolidation of new housing within established urban areas whilst at the same time
requiring development to be respectful of existing and preferred neighbourhood
characteristics and respond to the features of the site and context.
To achieve a design that reflects the existing or achieves the preferred character of an
area, it must firstly consider the site and its context features. Designs that appropriately
consider the relevant residential character policy and the site's features and context
generally result in acceptable development outcome.
Both clauses 54 and 56 have objectives to ensure the design responds to the site and
context features in conjunction with respecting the existing neighbourhood character or
contributing to the preferred neighbourhood character.
In this instance the site and context features relevant, include:
Large lot of 3,082 square metres;
The site has a frontage of 36 metres to Gold Hill Court;
Typography is gently sloping from the centre of the site to the all boundaries;
The site has established trees that form part of the character of the area;
The site is elevated;
Connected to and potential to have all services connected to subsequent lots;
Space available around the existing dwelling for increased density;
The site shares boundaries with 8 different lots;
The existing dwelling is setback 21 metres from the front boundary and central to the
site;
Lot sizes in the broader development are greater than 600sqms with most greater
than 750sqms.
Neighbourhood character is referenced as an important consideration throughout the
Planning Scheme including Clauses 15.01 Urban Environment, 16.01 Residential
Development, 21.06 Housing, 22.18-22.26 Residential character policies, 32.08 General
Residential Zone, Clause 54 single dwelling on a lot and clause 56 Residential
Subdivision.
The application site is within Kangaroo Flat Residential Character Precinct 6 (KF6) which
provides guidelines for appropriate development. The statement of desired future
character is The bush garden qualities will be strengthened.
The application has been considered against the preferred design response objective
noted in the policy as follows:

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Planning for Growth - Reports

Objective

40

Ordinary Meeting - 16 December 2015

Preferred Design Responses

To maintain and strengthen the native Retain existing high canopy trees and
and indigenous vegetation dominated understorey wherever possible.
streetscapes.
Replace any trees lost due to development
with similar size indigenous or native trees.
Officer Response: Several large trees were removed from site between April and
July of 2013. The proposal requires three more existing canopy trees to be removed
from the site which were planted by the owners. No replacement trees are
proposed, however the landscape plan indicates ground covers and shrubs will be
planted. It is possible to locate a driveway and additional dwellings on the land and
not require canopy trees to be removed. The proposal does not meet the preferred
design response to retain canopy trees.
To minimise site disturbance and Buildings should be designed to follow the
impact of the building on the contours of the site or step down the site.
landscape.
Officer Response: Site cut and fill is required to construct the proposed dwellings.
The level of cut and fill is minimal and responds appropriately to the contours of the
property.
To maintain the consistency, where The front setback should be not less than
present, of building front setbacks
the average setback of the adjoining two
dwellings.
Officer Response: The setback of the proposed dwellings complies as they are
greater than the two adjoining dwellings.
To ensure that adequate space is The total hard surface site coverage
available on private land for the (including outbuildings, swimming pools,
retention and planting of vegetation.
tennis courts, driveways and all nonpermeable surfaces), should not exceed
50%.
Proposals that exceed the specified site
coverage maximums must demonstrate
that the site coverage objective and all
remaining
objectives
and
design
responses have been met.

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Objective

41

Ordinary Meeting - 16 December 2015

Preferred Design Responses

Officer Response: The preferred design response is met for lot 4 (existing dwelling)
with less than 11% coverage, however, the remaining lots exceed the maximum
50% site coverage of hard surfaces:
Lot 1 = 50% coverage
Lot 2 = 57% coverage
Lot 3= 62% coverage
Lot 4 = 11% coverage
Proposed lots 1, 2 and 3 are above the 50% maximum non permeable area
preferred.
Although no dwelling is currently proposed on lot three, the indicative plans detail
the area of non-permeable surfaces exceeds 62%.
If the preferred design response is not met, the objective to ensure that adequate
space is available for retention and planting of vegetation on private land must be
met. Insufficient space on proposed lots 2 and 3 are provided to achieve the
objective. Lot 3 has space available to plant a canopy tree or two, however this
space is designated for lawn in the landscaping. Lot 1 has space available for tree
planting and could accommodate replacement vegetation.
The proposal currently does not meet the objective.
To minimise the dominance of car Locate garages and carports behind the
storage facilities.
line of the dwelling.
Officer Response: Garages have been designed and sited appropriately.
To ensure that buildings and Respect the predominant building height in
extensions do not dominate the the street and nearby properties.
streetscape.
Use low pitched roof forms.
Officer comment: Dwellings will not dominate the streetscape given the setback to
the street and presentation to the common property.
To encourage innovative architecture Buildings should be individually designed
that reflects the bush garden setting.
to respond to the dominant characteristics
of the area and to the site.
Officer Response: The dominant characteristics of the area are single storey
dwellings with an attached garage or carport and present to the street. Although not
innovative architecture, the dwellings are generally separated from one or both side
boundaries.
The dwellings are single storey and respond to the dominant characteristics of the
area.
To maintain and enhance the Provide open style front fencing.
continuous flow of the bush garden
settings and the openness of the
streetscape.

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Objective

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Ordinary Meeting - 16 December 2015

Preferred Design Responses

Officer Response: No front fences are proposed.


From the assessment above it is concluded that the design is not an appropriate
response to the site and context features, nor the desired character of the area.
Also the proposal does not meet the objective and preferred design response relating to
site permeability and retention of canopy trees.
The site has an overall developable area of 3,056 square metres. A design response
demonstrating greater than 50% permeability of any proposed lots, along with retaining
or planting canopy trees is achievable on this site. The submitted design, however does
not achieve this.
General Residential Zone
The subject site is within the General Residential Zone (GRZ). When deciding on a
permit application the decision guidelines at cl 32.08-10 are relevant and the following
conclusions are made about the permit application.
Decision Guideline

Assessment

General
The State Planning Policy Framework
and
the
Local
Planning
Policy
Framework, including the Municipal
Strategic Statement and local planning
policies.

The proposed subdivision is consistent


with State and local policies directed
towards increasing residential densities
in existing urban areas and encouraging
a diversity of housing types.

General
The purpose of this zone.

Purposes of the zone relevant to the


consideration of the dwellings proposed
by the application include:
To encourage development that
respects
the
neighbourhood
character of the area;
To
implement
neighbourhood
character
policy
and
adopted
neighbourhood character guidelines;
and
To provide a diversity of housing
types and moderate housing growth
in locations offering good access to
services and transport.
The key objective of the zone is to
facilitate housing that respects character.
The officer assessment is that the design
response does not adequately consider
the Kangaroo Flat Residential Character
Policy Precinct
6
as
discussed
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Decision Guideline

Ordinary Meeting - 16 December 2015

Assessment
previously.

Subdivision
The subdivision layout will result in three
The pattern of subdivision and its effect dwellings being clustered together in one
on the spacing of buildings
corner of the site. This does not reflect
the existing character of the area and
has potential amenity impacts, both on
the adjoining residents and the secluded
private open space provided for the
proposed dwelling on lot 2.
Subdivision
For subdivision of land for residential
development,
the
objectives
and
standards of Clause 56.

The application meets all of the


standards and objectives of clause 56
except for:
56.01-2 The design does not
adequately derive from the site and
context features when considering the
site opportunities and constraints.

Dwellings
For the construction of one dwelling on a
lot, the objectives, standards and
decision guidelines of Clause 54.

The application is generally compliant


with ResCode, although the secluded
private open space provided for dwelling
2 is not considered adequate to provide
reasonable recreation and service needs
of residents.
The proposal does not retain significant
trees on site as preferred by clause
54.03-6

Subdivision and development is supported by the General Residential Zone. The


subdivision layout, however, will result in dwellings being clustered in one corner of the
site which does not reflect the character of the area. There will be an impact on the
backyard scape of adjoining lots at 4 and 5 Ming Court and 2-11 Hines Court based on
the indicative plans.
The design does not meet all of the objectives and design responses of clause 54 and
clause 56 as detailed above and discussed later in the report.
Impact of clustering the subdivision on the backyard scape character of adjoining lots
The proposed lots range from 206 to 306 square metres with a common property of 346
square metres. The lots generally have a depth of around 12 metres and lengths of
greater than 19 metres. This results in the dwellings having their longest length facing
the adjoining lots to the rear. This clustering does not impact the streetscape character of
the area however impacts on the backyard scape character of the adjoining lots. Most
dwellings in the immediate area enjoy a sense of space around their dwelling, gained
partly by the space provided on adjoining lots.

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The lack of separation between dwellings on lots 1, 2 and their proximity to the rear
boundary with 4 and 5 Ming Court is out of character in of the area. Although this is often
the case with medium density developments, it is not necessary to occur in this instance.
There is the potential for this development to achieve greater separation between
dwellings and appropriately considers the site and its surrounding context.

Residential Amenity and ResCode


The purpose of Clause 54 One dwellings on a lot includes the following:
To achieve residential development that respects the existing neighbourhood
character or which contributes to a preferred neighbourhood character.
To encourage residential development that provides reasonable standards of
amenity for existing and new residents.
To encourage residential development that is responsive to the site and the
neighbourhood. [Authors emphasis]
It is a requirement of Clause 54 that a development must meet all of the objectives of the
clause and should also meet all of the standards. The objectives relevant to the issues
raised by objectors and not meeting the relevant objective are considered below:
A1 Neighbourhood Character objective
To ensure that the design respects the existing neighbourhood character or
contributes to a preferred neighbourhood character.
To ensure that the design responds to the features of the site and the surrounding
area.

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As discussed throughout this report, the design response does not appropriately
consider the neighbourhood and the site, nor respect the existing or preferred character
or respond to the features of the site.
That said, the site is certainly large enough to accommodate an increased density and
dwellings, just not in the configuration proposed.
A8 Significant trees objectives:
To encourage development that respects the landscape character of the
neighbourhood.
To encourage the retention of significant trees on the site.
Several large trees have been removed from the site in the past 3 years. Three canopy
trees (Box Ironbark) are proposed to be removed to facilitate the development. A design
response which retains the existing trees and achieves the density is achievable.
A14 Overshadowing objective:
To ensure buildings do not unreasonably overshadow existing secluded private open
space
An objector has raised concerns relating to overshadowing of their land at 2/11 Hines
Court from lot 3. No dwelling is proposed to be constructed on the site as part of this
application and the plans submitted are indicative only to show a dwelling can occur on
the subject site. The plans submitted demonstrate the indicative dwelling complies.
A15 Overlooking Objective:
To limit views into existing secluded private open space and habitable room windows.
Although there were objector concerns about overlooking, all views to adjoining
properties would be obscured by existing and proposed fencing, therefore meeting the
standards.
A17 Private open space objective:
To provide adequate private open space for the reasonable recreation and service
needs of residents [authors emphasis].
All lots have sufficient space to meet the minimum required amount of private open
space and secluded private open space required by both the requirements of the
Planning Scheme and the Building Code.
A concern is whether lot 2 has adequate private open space for a three bedroom
dwelling given the triangular nature of the secluded private open space. This overall
space is greater than 40 square metres, however will contain a clothes line and a 1
metre wide landscaped area for approximately 7 metres along the rear boundary.

It is granted the area is greater than the minimum required, however I am not convinced
the area will be adequate for the reasonable recreation and service needs of future
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Ordinary Meeting - 16 December 2015

residents of the 3 bedroom dwelling. The site is close to the regional park to the west but
greater than 1.8kms from the nearest recreation facility, being the Kangaroo Flat football
oval.
Traffic and Parking
Local residents have raised concerns regarding the impact on traffic flows and parking in
the area. The proposal is compliant with parking and access requirements (subject to
conditions) and the local road network can accommodate the vehicle movements that
would be associated with the development. The condition set by the Citys Traffic
Engineer requires some minor changes to the subdivision to allow a vehicle to exit the
site via a three point turn in a forward direction from lot 3. A condition could be included
on any permit if one is issued, requiring plans be amended to demonstrate vehicles can
exit this site within a three point turn.
Public Open Space Contribution
A public open space contribution was made as a result of the subdivision in 1991, having
regard to the criteria set out in the Subdivision Act 1988.
Other Objector Concerns
Increase in noise and traffic
Some of the objectors are concerned the noise levels emanating from the proposed lots
will impact on their amenity. Noise will occur, however, it would not be considered
excessive for a residential area.
Devaluation of property
Some of the objectors are concerned the proposal will cause devaluation of their own
properties.
There is established case law which holds that a proposed decrease in property is an
irrelevant consideration. A long standing position held by VCAT is that other than in
exceptional cases, and where evidence can be presented, loss in property values will not
be entertained as a ground of objection.
Conclusion
This development seeks to introduce three additional lots and subsequent dwellings on a
large residential zoned parcel of land which contains an existing dwelling.
Balancing increased density of existing urban land such as the site with neighbourhood
character and potential amenity impacts on existing and future residents is not an
uncommon challenge. The challenge will inevitably become more commonplace and
arguably unavoidable as the City seeks to achieve a sustainable increase in densities in
urban areas to meet population growth.

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The key issue in this application is the design proposed does not adequately result from
the opportunities and constraints of the site and has potential amenity impacts on
existing and future residents.
There is sufficient land available to achieve the density proposed and meet all the
Planning Scheme requirements. The applicant has decided to cluster the dwellings into
one corner of the site which results in a pattern of development not in keeping with the
character of the area and has amenity impacts. As a result the proposal does not meet
the statement of desired future character of the Kangarooed Flat Residential Character
Policy Schedule 6 or all of the objectives.
Although the lot has a great opportunity to provide increased density, the proposed
design does not respect the preferred character of the area and will have amenity
impacts and Council should refuse the application.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
Objections
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to Refuse to Grant a Permit at 5 Gold Hill Court, KANGAROO FLAT
3555 for the following reasons:
1. The proposed subdivision and subsequent clustering of dwellings does not
appropriately derive from the site and surrounding pattern of development nor respect
the existing and preferred character of the neighbourhood.
2. The proposal is contrary to the following clauses of the Greater Bendigo Planning
Scheme:
(a) 15.01-5 Cultural identity and neighbour character;
(b) 21.06-1 Urban design and neighbourhood character and relevant objectives,
strategies and implementation;
(c) 22.18
Kangaroo Flat residential character policy precinct 6 (KF6)
(d) 54.02-1 Neighbourhood character objective
(e) 51.03 -6 Significant trees objective
(f) 54.05-2 Private open space objective
(g) 55.03-8 Landscape objectives

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2.4

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Ordinary Meeting - 16 December 2015

11A ARRAWALLI AVENUE, ASCOT 3551 - APPROVAL OF A


DEVELOPMENT PLAN, 8 LOT SUBDIVISION, DEVELOPMENT OF 8
DWELLINGS AND FENCES

Document Information
Author

Kahlia Reid, Statutory Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Application details:

Approval of a development plan, 8 lot subdivision, development of


8 dwellings and fences.

Application No:

DSD/490/2015

Applicant:

PCDP Developments Pty Ltd

Land:

11A Arrawalli Avenue, ASCOT 3551

Zoning:

General Residential Zone

Overlays:

Development Plan Overlay 2


Environmental Significance Overlay 1
Land Subject to Inundation Overlay

No. of objections:

Consultation
meeting:

A consultation meeting was held on 19 October 2015, attended by


the assessing planner, assessing traffic engineer, applicant,
objectors and Councillors Cox and Williams.

Key considerations:

Is the subdivision and development density appropriate for the


area?
Will the proposal adversely impact on the character of the
area?
Will the subdivision and development have an adverse impact
on traffic and operation of the street network?

Conclusion:

The application is recommended for approval on the basis that it


represents an acceptable outcome with regards to the
requirements of the Greater Bendigo Planning Scheme.
This report considers the application and recommends that the
Greater Bendigo City Council approve the Development Plan
prepared by Total Property Development and issue a planning
permit for the proposed subdivision and residential development.

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Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The site was created by a previous subdivision in 2010.
It is a battle-axe shaped allotment located on the eastern side of Arrawalli Avenue,
generally opposite the intersection of Arrawalli Avenue and Triplett Avenue and is
situated behind existing residential development.
Orientated east to west along its longest axis the site has a frontage to Arrawalli Avenue
of 5.5 metres, has a maximum length of 111.06 metres and a total area of 3,349 square
metres.
The site is currently vacant and is cleared from any vegetation.
The site is identified as being within an area of Aboriginal Cultural Heritage Sensitivity
due to the proximity of Back Creek.
The site is located within an area broadly zoned General Residential. There is no
evidence of contamination.
Residential properties adjoining the site contain single storey dwellings on allotments
ranging in size between approximately 533 square metres and approximately 768 square
metres.
Land to the east of the site is denoted by a linear area of passive open space, including a
walking path which extends along the western side of Back Creek.
The Epsom Railway Station is located approximately 1.2 kilometres generally south of
the site, while the Howard Street commercial area (Epsom Village) is located
approximately 1.3 kilometres south west.

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Ordinary Meeting - 16 December 2015

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

Proposal
Development Plan
The application seeks approval of a development plan in accordance with the
requirements of the Development Plan Overlay Schedule 2. The development plan
amends a previously approved development plan, with changes focused solely on the
application site.
Subdivision
The application seeks approval for an 8 lot subdivision. The subdivision will create lots
ranging in size from 290 square metres to 320 square metres.
Lots will be orientated to present towards a common access which will extend through
the centre of the site.
The subdivision is proposed to be completed in one stage.

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Ordinary Meeting - 16 December 2015

Figure 2: Proposed subdivision layout.

Dwellings
Eight single storey dwellings are proposed to be developed on the site.
Each dwelling will contain three bedrooms and is provided with a double garage. The
dwellings will be constructed of exposed and rendered brickwork and hipped colorbond
roofs.
Areas of secluded private open space are provided at the rear of each allotment.

Figure 3: Example of dwelling elevation.

Fences
New 1.8 metre high colorbond fences are proposed to be installed between the new
allotments and along the eastern boundary.
Planning Controls - Greater Bendigo Planning Scheme
The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework
11.05-1
11.12
13.02-1

Regional Settlement Networks


Loddon Mallee South Regional Growth
Floodplain Management
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14.02-1
14.02-2
15.01-1
15.01-3
15.01-4
15.01-5
15.02-1
15.03-2
16.01-1
16.01-2
16.01-4
16.01-5
18.02-1
19.03-2
19.03-3

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Catchment Planning and Management


Water Quality
Urban Design
Neighbourhood and Subdivision Design
Design for Safety
Cultural Identity and Neighbourhood Character
Energy and Resource Efficiency
Aboriginal Cultural Heritage
Integrated Housing
Location of Residential Development
Housing Diversity
Housing Affordability
Sustainable Personal Transport
Water Supply, Sewerage and Drainage
Stormwater

Municipal Strategic Statement

21.05
21.06
21.08
21.10

Settlement
Housing
Environment
Reference Documents

Other Provisions

32.08
42.01
43.04
44.04
52.01
52.06

General Residential Zone


Environmental Significance Overlay
Development Plan Overlay Schedule 2
Land Subject to Inundation Overlay
Public Open Space Contribution and Subdivision
Car Parking
55
Two or More Dwellings on a Lot
56
Residential Subdivision
65
Decision Guidelines

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

Telstra

No objection subject to conditions

Downer

No objection subject to conditions

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Referral

Comment

Goulburn Murray Water

No objection subject to conditions

Department of Environment,
Water and Planning

Land, No objection subject to conditions

North Central Catchment Management No objection subject to conditions


Authority
Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

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

Density out of keeping with the character of the area.


Loss of semi-rural feel created by linear reserve.
Already a congested and narrow street.
Proposal will create chaos and a dangerous situation for cars and pedestrians.
Safety.
Negative impact on neighbourhood with noise, space and insufficient room for
another driveway.
Loss of family friendly environment.
Restricted access to site via narrow driveway.
Large volume of traffic required to utilise single access.
Increased traffic volume utilising street network.
Dangerous intersection of Arrawalli and Triplet Avenue.
Lack of childrens playground in the area.
Rubbish collection.
Development motivated by money with disregard to neighbourhood safety.
Devaluation of property.

Planning Assessment
State Planning Provisions
The State Planning Policies which are relevant to this application are previously identified
in this report.
Clause 11.12 Loddon Mallee South regional growth identifies Bendigo as a regional
city which is to support major growth.

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One of the key objectives is to manage population growth and settlement through
facilitating increased commercial and residential densities, mixed use development and
revitalisation projects for underutilised sites and land in Bendigo.
The subdivision of the site into eight allotments and development of an additional eight
dwellings will support an increased residential density which can be appropriately
facilitated through the provision of services and infrastructure.
The proposal will support the demand for housing in the area as a result of population
growth in the municipality.
Clause 15.01-1 Urban Design aims to create urban environments that are safe,
functional and provide good quality environments with a sense of place and cultural
identity.
Eight new single storey dwellings are proposed to be developed on allotments ranging in
size from 290 square metres to 320 square metres.
The built form of the development is generally consistent with the pattern of development
in the area in terms of respecting building height and the type of materials to be utilised.
The proposal will result in a small increase to the density of the area, with the lot sizes
smaller than those evident in the immediate vicinity, however it is considered this will
also contribute to residential choice.
Given the context of the site (behind developed properties) the character of the area will
not be significantly altered by the proposal. While there will still be visibility of the
proposal from the public realm the layout and design of the development will minimise
any adverse impacts on the existing built form and presentation of the streetscape.
The provisions of Clause 16.01 Housing are generally supported by the proposal,
providing for additional residential housing in the area that can be serviced and accessed
to cater for the needs of the community.
The subdivision will provide an alternative choice in lot sizes to those currently available
in the area and provide for development in an area which has access to established
infrastructure including the Epsom Railway Station.
It is considered that the proposal could have further contributed to the diversity of the
built form by providing for different house types and sizes (i.e. two bedrooms), however it
still contributes to increasing medium-density housing that respects the character and
utilises existing infrastructure.

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Municipal Strategic Statement


Clause 21.05 Settlement identifies the urban areas of Greater Bendigo are part of a
complex urban system, which requires a strategic approach to its growth in order to
achieve sustainable outcomes in relation to infrastructure community services provisions,
natural environment protection and quality of life for residents. The City of Greater
Bendigo Residential Development Strategy 2004 has been completed to plan for future
development of the urban areas of Bendigo.
Under the Residential Strategy 2004 the site is identified as being near the boundary of a
proposed community focussed development zone and on the periphery of a community
centre. Higher density, infill development is encouraged on suitable sites in these areas.
The Residential Strategy has recently been reviewed and a new strategy was adopted by
Council in October 2014. This strategy has not been incorporated into the Planning
Scheme at the time of this report.
In any case it is considered that the proposal still supports the provision of the adopted
strategy which seeks to:
Provide for a wide range of housing types and lot sizes to maintain housing choice
and affordability.
Continue to provide for planned new residential development within the existing
Urban Growth Boundary in existing urban areas.
Support continuing residential development as a major component of the Bendigo
economy.
Plan and design existing residential areas and new residential subdivisions and
housing estates to ensure that they support their local community.
In addition the provision of Clause 22.06 Housing discusses the need for the
consideration of urban design and neighbourhood character.
It is considered that the proposal appropriately provides for an increased residential
capacity while respecting the existing built form. The context of the site provides greater
opportunity for a denser development to occur without adversely impacting on the
established built form character of the area.
General Residential Zone
The purpose of the General Residential Zone includes:
To encourage development that respects the neighbourhood character of the area.
To implement neighbourhood character policy and adopted neighbourhood character
guidelines.
To provide a diversity of housing types and moderate housing growth in locations
offering good access to services and transport.
The site is appropriately zoned to cater for residential development at the scale and
density proposed by this proposal.

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Lot sizes in the immediate area generally range in size between approximately 533 and
768 square metres which is typical of newer subdivisions in the urban areas of Greater
Bendigo. These lots are principally developed with single storey, detached dwellings with
associated outbuildings at the rear.
Although the lot sizes are smaller than those typically found in the site's immediate
vicinity, the proposal will contribute to creating residential diversity in the area through
the availability of alternative lot sizes.
The dwellings proposed to be developed on each lot will all contain three bedrooms,
associated living areas and small private outdoor areas. The proposed built form could
have sought greater diversity (i.e. the inclusion of two bedroom dwellings), which would
have contributed further in providing alternative housing options in the area.
Nonetheless, the proposed dwellings appropriately meet the needs of sections of the
community who seek moderate sized development on smaller, low maintenance lots.
Development Plan
The land is affected by a Development Plan Overlay.
In this instance a development plan was approved for the original subdivision which
formed the site in May 2010. It was considered the application lodged for the site was not
generally in accordance with the approved plan therefore a new development plan was
prepared for the site and notification given to adjoining owners and occupiers.
Schedule 2 of the Development Plan Overlay has three conditions / requirements for
permits:
1. All development must be generally in accordance with the reports entitled Outline
Development Plan 1 Station Street, Epsom or Outline Development Plan 2
Myrtle Road, Ascot.
2. All residential development must be serviced with reticulated water and sewerage.
3. All development must be serviced with sealed roads to the satisfaction of the
responsible authority.
Outline Development Plan 2 Myrtle Road, Ascot is the relevant document to the
application site.
The proposal is considered to be generally in accordance with the Outline Development
Plan for the following reasons:
All services including reticulated water and sewer can be connected to the allotments.
Access to the site is established via a sealed local road network which is
appropriately constructed.
The proposal is in keeping with the purposes of the General Residential Zone.
Appropriate measures can be taken to protect the development from potential
inundation from back creek (i.e. floor level requirements set by North Central
Catchment Management Authority).
The site adjoins an established area of passive open space which will be easily
accessible by residents of the development.
Contributes to providing a variety of residential choice in the area.

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Figure 4: Close up of Proposed Development Plan for the Site.

Schedule 2 (Epsom and Ascot) of the Development Plan Overlay sets out four
requirements for development plans. These being the development plan must:
Describe the relationship of uses proposed on the land to the existing and proposed
uses on adjoining land and proposed buffer areas separating land uses and public
land.
Provide appropriate arrangements for the provision and funding of necessary physical
and community infrastructure.
Provide suitable linkages between the site and road, public, bicycle and pedestrian
transport facilities.
Provide a soil and water report with all applications to demonstrate the capacity of
infrastructure to service the development, treat and retard stormwater and reduce any
soil and water impacts downstream of the development.
The development plan prepared by the applicant appropriately addresses and satisfies
the requirements of the overlay.
Environmental Significance Overlay and Land Subject to Inundation Overlay
The eastern boundary of the site is identified as being within the Environmental
Significance Overlay Schedule 1 (Watercourse Protection), while the entire site is
affected by the Land Subject to Inundation Overlay due to the proximity of Back Creek.
Clause 42.01 Environmental Significance Overlay Schedule 1 seeks to protect and
maintain the natural environment of watercourses and their surrounding habitat.

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Back Creek is located approximately 60 metres east of the site and is separated from the
boundary by an area of passive open space which includes a walking / cycling path.
It is considered that the separation of the site from the creek, ability to connect to
reticulated services and the retention of established vegetation along the creek reserve
will contribute to preserving the identified environmental qualities of the area.
Clause 44.04 Land Subject to Inundation Overlay seeks to minimise the risk of flood
damage though appropriate development design as well as to protect waterways and
water quality.
It is considered that Clause 13.02-1 Floodplain Management should also be addressed
when considering potential inundation.
Clause 13.02-1 Floodplain Management seeks to assist in the protection of life,
property and infrastructure as well as supporting the significance and function of
waterways.
A significant portion of the area is identified as being at risk of inundation in the event of
a 100 year flood event. The development on the site will be required to be built to
specified floor heights to reduce the risk of any inundation occurring.
The risk of inundation of the area was known at the time the original subdivision was
undertaken. It is therefore considered that infrastructure in the area would have been
appropriately designed to take into account this potential risk.
The application was referred to the North Central Catchment Management Authority,
Goulburn Murray Water and Department of Environment, Land, Water and Planning as
part of the planning application process, with no objections received from any authority in
regards to the proposal.
ResCode Clause 55 Two or More Dwellings on a Lot
The requirements of Clause 55 apply to this proposal. A response to the key objectives is
provided as follows.
Clause 55.02-1 Neighbourhood Character - objectives:
To ensure that the design respects the existing neighbourhood character or
contributes to a preferred neighbourhood character.
To ensure that development responds to the features of the site and surrounding
area.
A number of concerns were raised from nearby residents that the higher density nature
of the proposal was not in keeping with the established character of the area.
The character of the area is denoted by single storey, detached dwellings, generally with
double garages presenting to the established street network. Dwellings are setback from
at least one side boundary.

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While it is acknowledged that there are differences between the proposed dwellings and
the established pattern of development in the area, it is considered that the proposal will
not adversely impact on the established character for the following reasons:
The density is not significantly greater than the existing built form. Based on the
average lot size of the area being approximately 650 square metres the site which
has an area of 3,350 square metres could accommodate approximately 5.5 dwellings
at the same ratio as the surrounding area. The proposal which seeks to construct
eight dwellings is not significantly greater than the established development ratio.
The battle axed shaped nature of the allotment will minimise views of the
development from the established street network (i.e. the proposal will not impact on
the streetscape character).
The dwellings are proposed to be single storey, constructed from brick and colorbond
which is in keeping with the established built form.
Clause 55.03-3 Site Coverage - objective:
To ensure that the site coverage respects the existing or preferred neighbourhood
character and responds to the features of the site.
The site is currently a large vacant allotment which has no obvious features.
The applicant has indicated that the overall site coverage from the proposed
development will be 40 percent which is less than the sixty percent allowable under the
provisions of the Planning Scheme.
While the density of the development may be perceived as being significantly greater,
the overall site coverage is generally in keeping with the extent of built form on adjoining
and nearby properties.
Clause 55.03-5 Energy Efficiency - objectives:
To achieve and protect energy efficient dwellings and residential buildings.
To ensure the orientation of layout of development reduces fossil fuel energy use and
make appropriate use of daylight and solar energy.
Dwellings have been designed to extend along the northern and southern boundaries of
the lot.
The dwellings along the northern boundary have been designed with habitable rooms
including living, meals and kitchen along the northern elevation, as well as areas of
secluded private open space. These dwellings will receive significant solar access which
will contribute to enhancing their energy efficiency.
Dwellings along the southern boundary will have bedrooms along the northern elevation
while living areas including secluded private open space will generally be located along
the southern elevations. A greater area of secluded private open space has been
provided for these dwellings to ensure appropriate solar access is provided.
The application plans demonstrate that there will be no adverse impact from
overshadowing over adjoining dwellings therefore the solar access and energy efficiency
of these allotments will be protected.

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Clause 55.03-6 Open Space - objective:


To integrate the layout of development with any public and communal open space
provided adjacent to the development.
As part of Planning Permit DS/678/2009 (which created the application site) a public
open space contribution was required. The contribution partly included the allocation of a
parcel of land at the rear of the application site which now forms part of the linear reserve
along Back Creek.
This area of passive open space will continue to run along the rear boundary of the site.
While the dwellings on Lots 7 and 8 have not been designed to present directly to this
adjoining passive open space, the fencing along the common property and part of these
lot boundaries will be required to be semi-transparent to maintain an openness to this
area. Pedestrian access for residents will be provided to this space.
It is considered that there may have been opportunity for the development to be further
integrated with the adjoining area of passive open space (i.e. through orientation of
dwellings), however the development can incorporate appropriate measures to ensure
the visibility and utilisation of this space to residents.
Clause 55.03-7 Safety - objective:
To ensure the layout of development provides for the safety and security of residents
and property.
The battle-axe nature of the allotment results in no new development presenting directly
to Arrawalli Avenue but rather internally to proposed common property.
The orientation of all dwellings towards this common area will enhance passive
surveillance over this area, providing for the safety of residents.
In addition, semi-transparent fencing along part of the eastern boundary will also improve
passive surveillance over the adjoining area of open space.
Landscaping within the site boundaries will be required to be appropriately designed with
the type and location of plantings to enhance the amenity while protecting required sight
lines along accessways.
Clause 55.05-4 Private Open Space - objective:
To provide adequate open space for the reasonable recreation and service needs of
the residents.
Each dwelling will be provided with an area of secluded private open space accessible
from living areas. Dwellings along the northern side of the site will be provided with
secluded private open space ranging in size between approximately 53 and 64 square
metres. Dwellings along the southern side of the site will have areas of secluded private
open space of approximately 65 square metres.

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While the areas provided are less than other allotments in the area they exceed the 25
square metres required under the Planning Scheme. In addition the spaces are
functional and easily accessible to residents and provide for low maintenance useable
spaces.
Clause 55.05-5 Solar Access to Open Space - objective:
To allow solar access into the secluded private open space of new dwellings and
residential buildings.
Dwellings proposed along the northern boundary of the site will be provided with
secluded private open space along the northern elevation which will ensure significant
solar access is provided to these areas throughout the day.
Four other dwellings will be constructed along the southern side of the site which has
resulted in their areas of secluded private open space being located along the southern
elevation.
While the location of this secluded private open space is not ideal a greater setback
between the dwelling and rear boundary has been provided for part of the secluded
space to increase the provision of solar access.
The application patterns satisfy the requirements of this provision.
ResCode Clause 56 Residential Subdivision
The requirements of Clause 56 apply to this proposal. A response to the key objectives is
provided as follows.
Clause 56.04-1 Lot Diversity and Distribution - objectives:
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 site is identified as being within the Urban Growth Boundary near the edge of an
integrated activity centre in the adopted Greater Bendigo Residential Strategy (2014).
The subdivision will create lots ranging in size from 290 to 317 square metres, providing
greater diversity to lot sizes currently in the area.
Development plans have been submitted as part of this application which demonstrate
single storey, three bedroom dwellings will be constructed on the allotments. Small low
maintenance yards will be provided for each dwelling.
The site is located approximately 1,300 metres north east of Epsom Village in Howard
Street and provides shopping facilities including supermarket and chemist, while a child
care centre has also recently been approved.

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While there is no formal off road walking / cycling path all the way from the site to this
established commercial area, it is considered it is still within a walkable distance,
although the likelihood of this occurring is considered low.
Land to the east is denoted by passive open space which includes a walking / cycling
path. This path is proposed to be further expanded as land to the north of Ironstone
Road is subdivided and will provide additional off-road connections in the area.
Clause 56.04-5 Common Area - objectives:
To identify common areas and the purpose for which the area is commonly held.
To ensure the provision of common area is appropriate and that necessary
management arrangements are in place.
To maintain direct public access through the neighbourhood street network.
A common access way from Arrawalli Avenue will service all eight lots and include areas
for visitors parking and landscaping.
This area will be managed by a body corporate to ensure it is maintained at a high
standard. Delineation between common and private areas will be denoted through the
use of surface finishes and landscaping.
The common access will not impact on the established street network and as land to the
east is denoted by passive open space the area could not be utilised as a thoroughfare
by vehicles.
Clause 56.06-8 Lot Access - objective:
To provide for safe vehicle access between roads and lots.
There is only one point of vehicle access available to the site which has raised a number
of concerns from local residents due to its size and location.
The application has been assessed by the City of Greater Bendigo Traffic Engineers who
have not objected to the proposal and the following comments were provided:
The access complies with the relevant Australian Standards for access and car
parking.
Sight lines can be achieved exceeding the minimum requirement, providing fence
heights at the entrances are reduced.
The number of vehicles utilising the access is an irrelevant argument as only one
vehicle can enter and exit at one time.
The latest traffic count data for Arrawalli Avenue produced an average daily count of
448 vehicles. Given that this count captures over sixty houses south of the Arrawalli /
Triplett Avenue intersection and a large majority of traffic from the thirty houses north
of this intersection (these were the existing houses constructed at the time the count
was undertaken), it is considered that the increase in traffic volume from an eight lot
development would not significantly increase congestion.
The intersection of Arrawalli and Triplett Avenue is a T-intersection which are
generally considered safe.
The existing Arrawalli / Triplett Avenue intersection complies with the Austroads
standard, including signage.
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Aboriginal Cultural Heritage


Clause 21.08 Environment identifies important Aboriginal cultural heritage values exist
in the City of Greater Bendigo. The Jarra people are the traditional inhabitants of the
Greater Bendigo region, and have contributed significant Aboriginal heritage assets that
are recognised as being vital features of the environment and are irreplaceable records
of cultural development.
The entire site is identified as being within an area of Aboriginal Cultural Heritage
Sensitivity due to the proximity of Back Creek.
One of the strategies of Clause 15.03-2 Aboriginal Cultural Heritage is to identify, assess
and document places of Aboriginal cultural heritage significance, in consultation with
relevant Registered Aboriginal Parties, as a basis for their inclusion in the Planning
Scheme.
A Cultural Heritage Management Plan was prepared for the site as part of the application
process and has been approved by the Chief Executive Officer of the Dja Dja Wurrung
Group. No areas of aboriginal cultural heritage were identified during the survey of the
site.
The Management Plan provides recommendations and methodology on the appropriate
measures for works on the site.
Other Matters
Current Strategic Planning Play Spaces
One of the key issues raised by a number of residents in the area was the lack of
childrens playgrounds in the area. Many residents had the expectation that this land was
to be developed for recreation purposes. It is unknown how this expectation was formed.
While no further public open space is proposed on the site or in the immediate area as
part of this application, the City of Greater Bendigo has just commenced a Public Space
Plan which seeks to investigate all aspects of public space including formal and passive
areas.
This plan will seek to:
o Set out the big picture future for Bendigos public space.
o Support community growth and health.
o Improve public space equity and diversity.
o Integrate public land.
o Guide investment.
The preparation of the plan will involve significant community consultation and provides
the opportunity for members in this area to raise their concerns about the lack of
childrens playgrounds.

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Property Value
A concern received in an objection related to the impact of the proposal of property
value.
There is established case law which holds that a decrease in property value is an
irrelevant planning consideration. This has been a long standing position by the Tribunal
and other than in exception cases, where clear evidence can be presented, the loss in
property values will not be entertained as a ground of objection.
No evidence has been provided to support this ground of objection, therefore it is not a
relevant consideration.
Restriction on Title
A Covenant (PS638653U) is registered on the title for the application site.
Only the application site is burdened by the restriction which states:
"The registered proprietor or proprietors for the time being of Lot 36 on this plan to which
the following restriction applies shall not construct any habitable structure with a floor
level lower than 183.90 m AHD."
The application was referred to North Central Catchment Management Authority as part
of this planning process. The Catchment Management Authority has requested a floor
level no lower than 184.1 metres AHD.
As this floor level is higher than that required by the restriction on title it is considered an
amendment or variation of the restriction is not required and the condition is met.
Garbage Collection
Due to the narrow frontage of the site to Arrawalli Avenue (approximately 5.5 metres)
garbage and recycling collection must be undertaken by a private service.
Public Open Space Contribution
A public open space contribution, which included a monetary contribution and land to
create the linear reserve was provided to the City of Greater Bendigo when the site was
originally created by Planning Permit DS/678/2009.
As a contribution has already been provided no further contribution is required as part of
this subdivision.
Conclusion
The application seeks approval for the subdivision and development of land within an
established residential area of Ascot.
The subdivision and development has been designed to take into consideration the
layout and context of the site, including the established pattern of development.
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While the lot sizes are smaller than those currently developed in the area, this is not
considered to be unreasonable as it contributes to diversity. There could have been
further consideration into providing greater diversity in regards to the built form, however
it is still considered the proposal is likely to meet a need within the community (i.e.
standard sized dwellings on low maintenance allotments).
Vehicle access to and from the site will be provided via a single accessway from
Arrawalli Avenue. The access arrangements, impact on traffic and car parking have been
assessed by the City of Greater Bendigos Traffic Engineers and comply with the
relevant standards.
A reserve adjoining the site was provided to the City of Greater Bendigo at the time of
the original subdivision, therefore the public open space has already been met.
Overall it is considered the proposal appropriately complies with the requirements of the
Greater Bendigo Planning Scheme.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
Objections
RECOMMENDATION
That the Greater Bendigo City Council resolves to:
A. Approve the Development Plan prepared by Total Property Development reference
number PA 15043.01 and;
B. Pursuant to section 61 of the Planning and Environment Act (1987), issue a Planning
Permit for an 8 Lot Subdivision and Development of 8 Dwellings at 11A Arrawalli
Avenue, ASCOT 3551 subject to the following conditions:
1.

MODIFIED PLAN REQUIRED


Before the use and/or development start(s), amended plans to the
satisfaction of the responsible authority must be submitted to and approved
by the responsible authority. When approved, the plans will be endorsed and
will then form part of the permit. The plans must be drawn to scale with
dimensions and 2 copies must be provided. The plans must be generally in
accordance with the plans submitted with the application but modified to
show:
(a) A corner splay or area at least 50 per cent clear of visual obstructions
extending at least 2 metres along the frontage road from the edge of an
exit land and 2.5 metres along the exit lane from the frontage.
(b) Relocation of communication pits located within the proposed vehicle

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crossing.
(c) Fencing along the eastern boundary between the front walls of Dwelling
7 and Dwelling 8 to be semi-transparent.
(d) Pedestrian access between the site and adjoining passive open space.
(e) Alternative treatment to western boundary of Lot 1 to improve
presentation of site when viewed from common driveway and Arrawalli
Avenue.
(f) Barrier along the western side of visitors car parking spaces to prevent
vehicles hitting the boundary fence.
(g) Landscape plan in accordance with Condition 2.
(h) Floor level in accordance with Condition 26.
2.

LANDSCAPE PLAN REQUIRED


Before the development starts, a landscape plan to the satisfaction of the
responsible authority must be submitted to and approved by the responsible
authority. When approved, the plan will be endorsed and will then form part
of the permit. The plan must be drawn to scale with dimensions and two
copies must be provided. The plan must show:
(a) Details of surface finishes of pathways and driveways
(b) Planting schedule of all proposed trees, shrubs and ground covers,
including botanical names, common names, pot sizes, sizes at maturity,
and quantities of each plant.
The plan must include some semi-mature or mature species.

3.

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

4.

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

5.

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

6.

GENERAL EXTERIOR TREATMENT


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

7.

VEHICLE ACCESS
All vehicles must enter and exit the site in a forward direction at all times.

8.

GARBAGE AND RECYCLING COLLECTION


Garbage and recycling collection must be by a private service. Evidence of
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the arrangements for the collection must be submitted to and approved by


the responsible authority.
9.

REFRIGERATION & AIR-CONDITIONING EQUIPMENT


Any equipment required for refrigeration, air-conditioning, heating and the like
must be suitably insulated for the purpose of reducing noise emissions and
must be located so as to not be highly visible from the public realm to the
satisfaction of the responsible authority.

10.

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

11.

CONSTRUCTION MANAGEMENT PLAN


Prior to commencement of works the owner or applicant must submit a
Construction Management Plan (CMP) for approval by the responsible
authority. This plan shall include, but not be limited to:
(a) A site specific plan showing proposed erosion and sedimentation control
works.
(b) Techniques and intervention levels to prevent a dust nuisance.
(c) Techniques to prevent mud and dirt being transported from the site to
adjacent streets.
(d) The protection measures taken to preserve any vegetation identified for
retention.
During construction of works associated with the subdivision, the applicant
must employ and provide the protection methods contained in the CMP to the
satisfaction of the responsible authority and the Environment Protection
Agency.

12.

DETAILED DRAINAGE PLANS


Before the plan of subdivision is certified 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

13.

STORMWATER DETENTION
Prior to the connection of any building to the responsible authoritys drainage
system, the owner or applicant must provide onsite surface and stormwater
detention to pre-development levels in accordance with plans and
specifications to the satisfaction of the responsible authority.

14.

STORMWATER QUALITY
Before the use or development commences, the owner or applicant must
provide a stormwater treatment system to achieve the Best Practice
Environmental Guidelines storm water quality (Victorian Stormwater
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Committee, 1999) in accordance with plans and specifications to the


satisfaction of the responsible authority.
15.

CONSTRUCTION WORKS
Road works, drainage and other civil works must be constructed in
accordance with the City of Greater Bendigo Infrastructure Design Manual
and plans and specifications approved by the responsible authority and must
include:
(a) Underground drainage.

16.

SECTION 173 AGREEMENT ON SITE DETENTION SYSTEM


Prior to the issue of a Statement of Compliance, the applicant/owner must
enter into an agreement under section 173 of the Planning & Environment
Act 1987.
Such agreement must covenant that:
The owner will maintain each on-site detention system and/or treatment
system and not modify without prior written approval from the responsible
authority.
The owner shall allow duly authorised officers of the responsible authority
to inspect the systems at mutually agreed times.
The Owner will pay for all costs associated with the construction and
maintenance of each on-site detention system and/or treatment system.

17.

PUBLIC ASSETS
Before the development starts, the owner or developer must submit to the
responsible authority a written report and photos of any prior damage to
public infrastructure. Listed in the report must be the condition of kerb &
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.

18.

STORMWATER PITS
The stormwater pits in the vicinity of the vehicle crossing must be upgraded
to grated pits in accordance with the Infrastructure Design Manual SD480.

19.

VEHICLE CROSSINGS
Vehicular access to the subject land from any roadway or service lane (and
vice versa) must be by way of a vehicle crossing(s) constructed at right
angles to the road, to suit the proposed driveway(s) and vehicles that will use
the crossing. A Works within Road Reserves permit must be obtained from
the City of Greater Bendigo Engineering & Public Space Unit prior to any
work commencing in the road reserve.

20.

SEALED CAR PARK


Areas set aside for the parking of vehicles together with the aisles and drives
must be properly formed to such levels that they can be utilised in

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accordance with the endorsed plan and must be drained and provided with
an impervious all weather seal coat. The areas must be constructed, drained
and maintained in a continuously useable condition to the satisfaction of the
responsible authority.
21.

USE OF CAR PARKING AREAS


Areas set aside for the parking and movement of vehicles as shown on the
endorsed plan must be made available for such use and must not be used for
any other purpose.

22.

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

23.

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

24.

DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING


(a) All earthworks are to be designed and constructed to avoid soil erosion.
All fill is to be compacted, and batters are to be topsoiled and
revegetated. All drainage is to be diverted around the disturbed areas.
(b) No polluted and/or sediment laden run-off is to be discharged directly or
indirectly into Back Creek.

25.

GOULBURN-MURRAY WATER
(a) All works within the subdivision must be done in accordance with EPA
Publication 960 Doing it Right on Subdivision, Temporary Environmental
Protection Measures for Subdivision Construction Sites, September
2004.
(b) Each lot must be provided with connection to the reticulated sewerage
system in accordance with the requirements of Coliban Water.
(c) Stormwater run-off from buildings and other impervious surfaces must be
dissipated as normal un-concentrated overland flow prior to being
discharged to a legal point as nominated by the Responsible Authority.
Any stormwater discharge to the waterway must be undertaken in a
manner that does not cause erosion or the discharge of sediment.

26.

NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY


(a) All new allotments must be filled to at least the estimated 1% AEP flood
level(s).
(b) Prior to issuing a statement of compliance a certified survey plan of
finished surface levels must be submitted to the responsible authority
and North Central CMA for its approval.
(c) The finished floor level of the proposed dwellings on Lots1-8 must be
constructed a minimum 300 millimetres above the estimated 1% AEP
flood level of 183.8 metres AHD, i.e. no lower than 184.1 metres AHD.

27.

TELECOMMUNICATIONS
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(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 providers 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 providers 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.
28.

AUSNET SERVICES (GAS)


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

29.

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 applicant shall:
Provide an electricity supply to all lots in the subdivision in accordance
with Powercors requirements and standards, including the extension,
augmentation or re-arrangement of any existing electricity supply
system, as required by Powercor.
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.
The applicant shall 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.
Any buildings must comply with the clearances required by the
Electricity Safety (Network Assets) Regulations.
Any construction work must comply with Energy Safe Victorias No
Go Zone rules.

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30.

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) All existing and proposed sewers must be located at least 1 metre from
any proposed structure/boundaries.

31.

COMPLETION OF DEVELOPMENT
Before a statement of compliance is issued for the subdivision:
(a) The dwelling(s) approved under this permit must be constructed to a
state of practical completion to the satisfaction of the responsible
authority; or
(b) The owner must enter into an agreement under section 173 of the
Planning & Environment Act 1987 that covenants that the lots created by
the subdivision will only be developed in accordance with the plans
endorsed under this permit. The agreement will end upon completion of
the development shown on the endorsed plans.

32.

EXPIRY OF THE PERMIT - SUBDIVISION AND DWELLINGS


This permit will expire if:
(a) The plan of subdivision is not certified within two years from the date of
this permit; or
(b) The subdivision is not completed within five years from the date of
certification of the plan of subdivision; or
(c) Construction of the approved dwellings is not completed within 7 years
from the date of this permit.
The responsible authority may extend the time for certification of the plan, or
for the completion of the dwellings, if a request is made in writing before the
permit expires or thereafter, within the period allowed by section 69 of the
Planning and Environment Act 1987.

Telstra Note
Approval does not cover alterations to existing Telstra plant or network. Locations of
existing network can be obtained from Dial Before You Dig Ph: 1100
For co-ordinated Telstra plant reticulation in this development, please refer to
www.telstrasmartcommunity.com to register your development and apply for reticulation.
City of Greater Bendigo Engineering & Public Space Note
A Works within Road Reserves permit must be obtained from the City of Greater
Bendigo Engineering & Public Space Unit prior to any work commencing in the road
reserve.

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CONSENT FOR WORK ON ROAD RESERVES


The applicant must comply with:
(a) The Road Management Act 2004,
(b) Road Management (Works and Infrastructure) Regulations 2005, and
(c) Road Management (General) Regulations 2005
with respect to any requirements to notify the coordinating authority and/or seek consent
from the coordinating authority to undertake works (as defined in the Act) in, over or
under the road reserve. The responsible authority in the inclusion of this note on this
planning permit is not deemed to have been notified of, or to have given consent, to
undertake any works within the road reserve as proposed in this permit.
North Central Catchment Management Authority Note
Flood levels for the 1% AEP (100 year ARI) flood event have been determined for this
area under provisions of the Water Act 1989. The determined 1% AEP flood level for the
location described above is 183.8 metres AHD, which was obtained from the Bendigo
Urban Flood Study 2013.
North Central CMA advises that in the event of a 1% AEP flood event it is possible that
the property may be subject to inundation from Back Creek. However it is recommended
that a licensed surveyor be engaged to determine the exact effect of the applicable flood
level on the property.
Cultural Heritage Management Plan Note
The Cultural Heritage Management Plan prepared by Heritage Insight, CHMP No. 13657
dated 24 August 2015 has been considered through assessment of this permit and any
recommendations contained within must be implemented by the land owner / developer.

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PRESENTATION AND VIBRANCY

3.1

SUPPORT FOR DEPARTMENT OF ENVIRONMENT, LAND, WATER


AND PLANNING COMMITTEES OF MANAGEMENT

Document Information
Author

Matthew Kerlin, Executive Officer, Community Wellbeing

Responsible
Director

Pauline Gordon, Director Community Wellbeing

Summary/Purpose
To explain the inconsistencies currently existing between groups and facilities on Council
managed land compared to groups and facilities with direct committee of management
responsibilities with the Department of Environment, Land, Water and Planning
(DELWP).
Policy Context
Council Plan Reference:
This report is strongly aligned with the following Council Plan 2013-2017 strategic
objectives and actions:
1.2.3 Advocate to other levels of government for funding for required infrastructure, key
projects and services to be in place for our growing and lovable municipality.
3.2

Residents and visitors are able to access good quality sports and recreational
leisure facilities that are fit for purpose and enable them to celebrate their active
artistic, cultural, sporting and social lives.

5.3

Essential infrastructure is constructed, maintained and renewed to meet the needs


of current and future residents.

5.7.1 Understand the impact of rate capping on the Citys long term financial
sustainability and community aspirations for services and facilities and advocate
to the State Government for the best outcome for our community.
5.7.3 Thoroughly evaluate the potential long-term impacts of any shift of responsibility
or reduction in funding from the State Government, before agreeing to continue to
fund service delivery, new services or take over responsibility for assets.

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Background Information
There have been a number of issues (mainly) coming out of small towns regarding
community groups and community facilities and the disparity between support that is and
that can be provided by the City of Greater Bendigo (the City). This involves a number of
Directorates across the City with requests for support being sought for building
maintenance, insurance, mowing, tree pruning and recreation support.
Issues encountered by officers largely stem from the different classifications of land and
a lack of policy position for how the City should respond to and support activities upon
this land. The land classifications and the way nearly identically used pieces of land are
treated differently is a problem for officers in responding to requests from the community.
More importantly it is becoming an increasingly frustrating issue for community members
who do not understand or appreciate the delineation between facilities or the responsible
tier of government.
For the purposes of this discussion paper the main classifications of land used by
community groups or community facilities are summarised in the below table.
Classifications of Land
Classification
Owned by
Council
Managed Land

The City
The Crown
(DELWP)

Direct COM
Land

The Crown
(DELWP)

Managed by
The City
The City (as
Committee of
Management)
Direct Committee of
Management

Formal support
provided by the City
Yes
Yes

Inconsistently/informal

A list of known Direct DELWP Committee of Management sites throughout Greater


Bendigo is included for information as Attachment 1.

Previous Council Decision(s) Date(s):


Officers presented to Councillors at the Councillors Forum on 11 November 2015.
Report
It is widely understood that activities undertaken by community groups upon Council
managed land will be supported by the City and often this is documented through
management agreement, leases, funding and service agreements etc. However, where
there is a direct committee of management who report to DELWP there is no clear
definition of what support will be provided, which leads to uncertainty and inconsistent
messages from both officers and Councillors and how they should be supported.
When providing services and assistance to Direct DELWP COMs it is often on an
unplanned basis, which has a negative effect on existing services as the resources
required are diverted from what they were budgeted to do originally.

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At a Council Forum earlier this year it was agreed to extend the insurance support
offered to community groups involved with Council Managed Land to those community
groups involved with Direct COM land. This change did not result in a significant impact
on the Citys resources (an additional expense of $3,496 was incurred), but did provide a
consistent approach to an issue where previously there had been anomalies for similar
types of community groups due solely to the classification of the land they carried out
their activities on.
Some of the issues being faced with requests for support for Direct DELWP COMs were
identified in a 2014 audit undertaken by the Victorian Auditor General into DELWPs
management and support to committees of management of Crown Land.
In February 2014 the Victorian Auditor General released findings into DELWPs (then
named DEPI) Oversight and Accountability of Committees of Management. VAGO found
significant shortcomings contributing to why community committees of management
were failing, including DELWPs inadequate governance of CoMs and its lack of a
strategic approach to supporting and overseeing CoMs. DELWP had also failed to take
adequate steps to ensure the sustainability of CoMs into the future.
Several key recommendations arising from the audit specified that the level of support
provided to COMs needed to be increased and the relevant recommendations along
with DELWPs committed actions to address these issues are include in Attachment 2.
DELWPs response to Recommendation 9 of VAGOs findings is also of interest to the
City as it indicates DELWPs intentions to reassign additional reserves to local councils.
DELWP did commit to greater support to COMs in response to VAGOs findings, yet it is
CoGB officers experience that DELWP are either:
not providing this support to COMs
are suggesting COMs seek the Citys assistance for this support
or COMs may not be aware of potential support available from DELWP.
Regardless of whatever policy direction Council feels is the best for the community it is
recommended that Council follow up with the appropriate Minister on the findings of the
VAGO audit and advocate for more support for community committees of management.
Advocacy to the Minister should focus on ensuring that the recommendations and
commitments that arose from the VAGO report are being put into action by DELWP.
Additional advocacy is also required to seek funding or additional support from the State
Government for where and when the City takes on additional management
responsibilities for crown land. This is pertinent in light of recent Council decisions
resulting in the City taking on the management responsibilities for Dower Park in 2015
and Malone Park in July 2016 with no additional support, financial or otherwise, from the
State Government. Once the State Governments position is clarified the City will be
better informed to make a decision on a potential policy addressing support for these
sites currently managed by community committees of management and reporting directly
to DELWP.

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Case Study
An example for how two similar groups can be treated differently is illustrated in the two
examples of Barrack Reserve/Heathcote Swimming Pool and the Raywood Recreation
Reserve as shown in Attachment 3. These two sites although located in towns of
differing sizes still provide very comparable services and facilities to the community.
As demonstrated in the table there is a significant difference in how the two sites are
supported by the City. This situation has evolved over a long period time and officers
consider that it is time to look at developing a policy position to give Councillors and
officers certainty when dealing with affected groups.
Further Questions for Consideration
Further questions that will need to be discussed and addressed as part of any policy
include the following:
What is the definition of a community facility? Its recommended that a set of
criteria be developed to determine which facilities are considered community
facilities. Should these all receive the same level of support regardless of whether
theyre on CoGB managed land or not?
How broad is the policy does it include DELWP direct COMs only? Or does it
extend to other community facilities where there is a joint use agreement?
Currently facilities where there is a joint use agreement in place are not registered
on the Citys asset register making future asset planning and maintenance difficult.
Would all DELWP direct COMs want CoGBs assistance? For example, do we
need to give the COMs the option to opt out if they wanted to retain their
independence from the City?
Do they go on our asset register and attract depreciation for renewal and upgrade
works? Are some of these properties and reserves already on our asset register
and we dont include them in our long term plans?

Options/Alternatives:
Four key options to consider in terms of a policy that would address whether support is
or is not provided to community groups/facilities that are not on Council Managed Land
are:
1.
2.

3.

4.

A policy position where all community use Crown land is managed by the City.
A policy position where all community use Direct COM land receives the same
levels of support as other community use Council managed land, but is not
managed by the City.
A policy position where all community use Direct COM land is referred to DELWP
with any request for support in line with DEWLPs Committees of Management
Responsibilities and Good Practice Guidelines (Attachment 4)
That Council accepts inconsistency and treats each case on its merits using a set of
guidelines.
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Risk Analysis:
There are two broad high level risk areas that need to be considered with regards to any
potential establishment of a policy.
The first high level risk is the financial risk that would be involved in taking on the extra
responsibilities that currently do not formally sit with the City.
The second high level risk area is the social risk involved if the City do not support our
small towns to similar levels of support that are received in other parts of greater
Bendigo.

Consultation/Communication
Internal Consultation:
An internal working group has been established internally to discuss the varying and
competing issues and assist with the drafting of this report. The working group consists
of officers from Active and Healthy Communities, Building and Property, Parks and
Natural Reserves, Risk Management, Finance and Community Partnerships the wide
representation of areas is reflective of the impact that these issues have on the
organisation.
External Consultation:
If Council resolves to develop a policy or set of guidelines to address the issue then it is
intended to undertake appropriate engagement with the broader community and
stakeholders such as DELWP, DELWP direct CoMs, user groups, Dja Dja Wurrung and
Taungurung Clans Aboriginal Associations.
At the Councillors forum on 11 November 2015 it was suggested that a reference group
be established to resolve the matter, consisting of Councillors, DELWP, Dja Dja
Wurrung, Taungurung and relevant staff.
Resource Implications
Any change to the current status quo would need to be considered with careful
consideration of the resource implications.
For Options 1 and 2 the implications are expected to be significantly high. Taking on the
responsibility for managing these sites and providing the same level of support that is
currently provided to Council Managed Land would result in significant increases to the
budget area of property maintenance, renewal and parks. Extra staff resources would
also be required to undertake the work involved in managing the sites.

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With rate capping to be introduced prior to the development of the 2016/17 budget any
significant budget increase would need to be rationalised from another area of the Citys
budget or direct funded in order to pay for itself. While it is presumed that DELWP would
be happy for the City to take on management of more Crown land sites it is unlikely that
they would be open to contribute financially to the management of these sites as at
present it appears that they dont have the capacity and/or willingness to do so.
Following the VAGOs audit on DELWPs management of community committees of
management it is recommended that Council contact the relevant Minister to advocate
that more support is provided to these committees in line with the findings of the audit.
An example of the financial implications in taking on committee of management
responsibilities for a DELWP site can be shown by Councils recent decision (25
November 2015) to take on committee of management status for Malone Park. This
decision was made following an audit of the assets on site and the costs to the City were
an initial $278,000 for safety/compliance works with an additional $78,090 annually for
maintenance of the site. It needs to be noted that all sites do differ in number and quality
of assets and a budget bid to undertake condition audits of all relevant assets would be
required as part of the process for development of a policy.

Conclusion
There are a number of community facilities that are managed by committees of
management who report directly to DELWP with no formal relationship with the City such
as a lease or management agreement. With no documented responsibilities for each
party this leads to inconsistencies for how the sites are treated within and across various
departments of the organisation. As these sites are not considered Council managed
sites there is often a lesser level of service and support provided compared to
comparable sites throughout the municipality. This causes confusion and frustration
amongst members of the community, Councillors and officers.
In the current climate of rate capping and cost shifting Council need to be aware that
there are significant financial costs and risks in assuming extra responsibility for these
sites on behalf of DELWP, a State Government department. Advocacy to the State
Government highlighting these issues and following up on VAGOs findings is considered
an important first step in assessing what support will be available for these sites and
ensuring that the City does not have to wear the full burden involved with any potential
change.
Development of a policy, policy position or set of guidelines to provide clarity in the future
management of issues identified within this report is essential for community members,
Councillors and officers alike. Officers realise that any change will need to engage key
stakeholders and may be significantly influenced by the response received from the
State Government in regards to the advocacy mentioned prior.

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Attachments
1.
2.
3.
4.

Indicative List of Direct DELWP Committee of Management Sites within Greater


Bendigo
Relevant VAGO Audit Findings
Barrack Reserve and Raywood Recreation Reserve Case Study
CoM Responsibilities and Good Practice Guidelines (separate document)

RECOMMENDATION
1.

That the Mayor/Council advocate to the State Government ensuring more support
for community committees of management consistent with the findings and
commitments of VAGOs findings on DELWPs management of these committees.

2.

That the Mayor/Council advocate to the State Government for ongoing financial
support for crown land sites where and when the City takes on additional
responsibility.

3.

Following advocacy and once the State Government position is clarified, with
regards to ongoing financial support, a further report will be presented to Council
with a recommendation for a draft policy to be developed to address the current
inconsistent approach.

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3.2

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REDESDALE COMMUNITY HUB FEASIBILITY STUDY

Document Information
Authors

Steven Abbott, Manager Community Partnerships


Deb Simpson, Coordinator Connecting Communities

Responsible
Director

Pauline Gordon, Director Community Wellbeing

Summary/Purpose
To present the Redesdale Community Hub Feasibility Study (Feasibility Study) findings
for Council consideration.
Policy Context
Council Plan Reference:
This report is consistent with the following Council Plan 2013 - 2017 strategic objectives:
3.2 Residents and visitors are able to access good quality sports and recreational
facilities that are fit for purpose and enable them to celebrate their artistic, cultural,
sporting and social lives.
3.7 Structured community engagement, community planning and community
development programs support our residents and communities, particularly those
whose experience isolation.
5.3 Essential infrastructure is constructed, maintained and renewed to meet the needs
of current and future residents.
Regional Strategic Plan Reference:
This report is also consistent with the following Loddon Mallee (Southern) Regional
Strategic Plan key initiatives:
2.6 Develop community hubs in schools, CFA sheds, libraries or other accessible
locations to increase participation in community life.
Background Information
Situated near the juncture of the Greater Bendigo, Macedon Ranges, Mitchell and Mount
Alexander municipalities, the Redesdale township currently services a population of
approximately 2,000 people (Australian Bureau of Statistics 2011 Census). Over the next
20 years it is forecast that the population will increase by 10.5%.

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The township has a number of established businesses and also offers important
educational, emergency service, recreational and social infrastructure. Many travellers
pass through the township on their way to nearby Lake Eppalock, or as they traverse
between the Calder Freeway and McIvor Highway.
The Redesdale Community Hub concept focuses on the Agnes Mudford Reserve (the
Reserve) which incorporates an existing hall and some recreational facilities. The
Reserve is located at the intersection of the Heathcote-Kyneton and Bendigo-Redesdale
Roads, Redesdale. It is a Crown Land Reserve with a Committee of Management that
reports directly to the Department of Environment, Land, Water and Planning (DELWP).
The Reserve facilities are currently utilised on approximately 100 occasions per year.
This usage includes some regional level activities (e.g. for markets and as a staging area
for the Country Fire Authoritys Eppalock Group - involving up to 13 brigades and 40
emergency service vehicles - during times of emergencies) as well as many local level
activities (e.g. for various Committee meetings and structured sporting activities). A
number of annual community events held at the Reserve regularly attract more than 100
people.
The Redesdale and District Community Plan (the Community Plan) review undertaken in
2013 reiterated community aspirations to further develop and activate the Reserve, with
the overall objective being to strengthen community capacity, connectedness and
resilience. Potential new uses for the Reserve that have been proposed through the
community planning process include community festivals, general and specialist medical
consultations and an internet caf, to name a few.
In 2015 the City of Greater Bendigo (City) engaged Community Leadership Loddon
Murray Inc. (CLLM) to undertake a Feasibility Study to explore the viability of the
communitys aspirations. The brief provided to CLLM included to:
1.
2.
3.

4.
5.

Analyse Redesdales demographics, current facility and service provision plus any
gaps in these, and provide a comparative analysis of relative communities.
Outline any options for further developing the Reserves facilities to enable
servicing of a broader range of community needs.
Provide rationale for any further development options, with demonstration of need
and future sustainability (including revenue streams, optimum / shared uses and
volunteer resources) being key considerations.
Consider whether a Community Hub could support new social and economic
activity within Redesdale.
Outline cost estimates for any further development options, including capital /
renewal / maintenance works costs and operating costs. Staging of any works
should also be considered.

The Feasibility Study findings are discussed in detail within this report.
Previous Council Decision(s) Date(s):
Council endorsed the first iteration of the Redesdale and District Community Plan
(developed in 2008) on 1 July 2009, and the second iteration (developed in 2013) on 2
October 2013.

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Report
The Feasibility Study findings indicate a need and support for a Redesdale Community
Hub.
Population characteristics, gaps and opportunities identified by the Feasibility Study data
analysis and stakeholder consultation processes included:
Population characteristics
Redesdale has almost double the national average of people near retirement
age.
Many highly skilled people reside in the Redesdale area and work part-time
either as a lifestyle choice or to support their transition into retirement.
Young people living in Redesdale, whilst relatively low in number, are quite
severely disadvantaged by their rurality and limited public transport options.
Gaps

Access to public transport.


Access to pre-school and after school activities.
Access to health and wellbeing services and programs.
A lack of business, employment and mentoring opportunities.

Opportunities
Playgroups.
Visiting dance and music teachers.
More social interaction and learning focused programs (e.g. after school study
groups, Mens Shed and / or U3A).
Health and allied health outreach services.
More health and wellbeing focused programs (e.g. tai chi, yoga).
Business / entrepreneur / social enterprise outreach mentoring.
Seasonal agribusiness use of facilities (e.g. hall kitchen).
Regional tourism promotion and support (e.g. visitor information hub and
overnight camping facilities).
Public internet access facilities.
The Feasibility Study identified that the current Reserve facilities are in need of some
upgrade or modification to better support the current range of uses, and to enable
expansion to more diverse uses. The hall, whilst functional, was found to require
substantial works to bring the kitchen and toilet amenities up to current standards.
The Feasibility Study explored three different infrastructure scenarios that are
summarised as follows:
1. Minor upgrade / modification of the existing facilities, with an estimated initial
cost of $160,000.
2. Major upgrade / modification of the existing facilities, with an estimated initial
cost of $550,000.
3. Development of a new stand-alone office space and consulting / program
rooms, with an estimated initial cost of $120,000.

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The Feasibility Study identified Scenario 2 (major upgrade / modification) as the


preferred scenario, with more details about this provided within the attached study
(Attachment 1).
Separate to any infrastructure works, the Feasibility Study recommends that public
internet access facilities be provided at the Reserve. It notes that a National Broadband
Network (NBN) tower has recently been installed near Redesdale however the regions
topography means that many community members are still unable to access reliable
internet services from their homes / businesses. Public internet access could also be a
key consideration in any new regional tourism initiatives.
The Feasibility Study also identified a range of potential funding sources that could be
pursued to support the implementation of Scenario 2.
Consultation/Communication
The Feasibility Study entailed an extensive stakeholder consultation process and some
review of existing community hub models.
Input from across the business, community, education, emergency services,
government, health, primary industries, telecommunications sectors informed the gaps
and opportunities analysis and ultimately the Feasibility Study scenarios and
recommendations. A detailed consultation outline is included within Attachment 1.
Resource Implications
Council Resources
It is the primary responsibility of the Committee of Management, reporting directly to
DELWP to oversee the implementation (and associated resourcing) of the Feasibility
Study. The facility is not on the Citys asset register and there is not yet a formally
adopted positon from Council in relation to the level of resourcing for such facilities (this
work is currently in development and will be considered by Council).
The City will continue to support the Committee of Management in relation to the
implementation, specifically in relation to identifying suitable funding sources.
Discussions with Regional Development Victoria have identified that a detailed analysis
of the potential employment and economic impacts is now required in order to access
significant funding through the Regional Jobs and Infrastructure Fund.
A budget submission for the 2016/17 financial year has been made to Council in order to
support this work.
Overall Implementation Resources
The Feasibility Study explored three different infrastructure scenarios but identified
Scenario 2 as the preferred scenario. This scenario integrates the upgrade / modification
of current Reserve facilities plus the development of some new facilities with the aim of
better supporting the current range of Reserve uses, plus enabling a more diverse range
of Reserve uses. Scenario 2 would entail an estimated cost of $550,000 however staging
of the works (and associated costs) over multiple financial years has been considered
within the scenario.

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The Feasibility Study also identified a range of potential funding sources that could be
pursued to support the implementation of Scenario 2.
Recent Council investment in the Redesdale community
The following examples are provided as an indication of recent Council investment in the
Redesdale community. It is by no means an exhaustive list.
Year
2015/16 (year to
date)

Capital budget

Grant allocations

2014/15

Installation of 500m
of new gravel path
- $41,000

3 separate
Community Grants
- totalling $9,000.

2013/14
2012/13

Data not reviewed


Data not reviewed
Installation of new
cricket wicket at the
Reserve - $3,500
Data not reviewed
Data not reviewed
Installation of new
public toilets at the
Reserve $108,000

2011/12
2010/11

Operating budget
Redesdale
Community Hub
Feasibility Study
consultancy $7,000

The City also sourced bushfire recovery funding from external sources following the 2009
Black Saturday Fires which directly impacted the Redesdale and surrounding
communities. This funding enabled the renewal of the Reserves playground and tennis
courts.
In addition, the Reserve Committee of Management is provided with an annual
maintenance grant (to assist with the cost of utilities, etcetera) of $3,000.
(Some figures quoted have been rounded out).
Conclusion
The establishment of a Redesdale Community Hub is a goal expressed within the
Redesdale and District Community Plan. The concept is also consistent with the Loddon
Mallee (Southern) Regional Strategic Plan and Council Plan 2013 2017 and the
directions stemming from the Greater Bendigo Rural Community Discussion Paper.

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A Feasibility Study has concluded that a Redesdale Community Hub would respond to
local identified community gaps and opportunities for bringing local organisations and
individuals together to increase social capital and resilience. The hub will also help to
achieve Councils vision and strategic objectives in the form of supporting small towns to
connect and grow.
The Feasibility Study recommends the upgrade / modification of current facilities at the
Reserve plus the development of some new facilities to better support the current range
of uses, plus enable a more diverse range of uses at the Reserve. The estimated cost of
the proposed works is $550,000 however staging of the works has been considered. The
staging would enable different government funding programs to be targeted and any
Council contributions that may be sought to be spread over multiple financial years.
Council would need to consider any Redesdale Community Hub related budget bids on a
case by case basis.
Attachments
1.

Redesdale Community Hub Feasibility Study.

RECOMMENDATION
That Council endorse the Redesdale Community Hub Feasibility Study and consider any
related budget bids on a case by case basis.

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3.3

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COMMUNITY GRANTS - COMMUNITY ASSESSMENT PANELS'


MEMBER APPOINTMENTS

Document Information
Author

Deb Simpson, Coordinator Connecting Communities


Steven Abbott, Manager Community Partnerships

Responsible
Director

Pauline Gordon, Director Community Wellbeing

Summary/Purpose
To provide Council with details of Expressions of Interest received for membership of the
Community Grants Community Assessment Panels, and for Council to appoint the
Community Assessment Panel members.
Policy Context
Council Plan Reference:
This report is consistent with the following Council Plan 2013 2017 strategic objectives:
1.1 Good governance principles are used to guide strategic decision making.
Background Information
Council adopted a new Community Grants Policy (Policy) and associated Program
Guidelines (Guidelines) on 11 February 2015.
In accordance with the Guidelines:
All Community Grant applications are to be assessed by Community Assessment
Panels (Panel);
Panel members are to be recruited through a public Expression of Interest (EOI)
process;
Each Panel is to include a minimum of three and a maximum of five members;
Panel members are to be appointed by Council following consideration of all EOIs
received;
Panel membership is for a maximum three year term and is on a voluntary basis.
Previous Council Decision(s) Date(s):
11 February 2015
Council adopted the Community Grants Policy and associated Program Guidelines.
5 August 2015
Council endorsed minor amendments to the Policy and Guidelines.
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Report
The role of Panel members is to individually assess all applications against established
criteria, and to then collectively develop funding recommendations for Council
consideration.
The opportunity to submit an EOI for Panel membership was promoted through articles
and / or advertisements in community newsletters, newspapers, relevant email networks
plus the City of Greater Bendigos website and social media accounts. EOIs for Panel
membership opened on 1 October 2015 and closed on 16 October 2015.
EOIs were sought for Panel membership for the following six grant categories:

Active Communities
Community Arts
Community Development
Community Events
Healthy Communities
Print and Digital Publications

EOIs were not sought for the Environment category as that Panels membership is drawn
from Councils Sustainable Environment Advisory Committee. EOIs were also not sought
for the Driver Education for Youth category as that category will be discontinued as soon
as all of the funds held in Trust have been allocated (which is anticipated to be Round 2
of 2015/16). The existing Panel members for the Driver Education for Youth Category
are willing to continue on until this occurs.
The EOI process required applicants to respond to six questions. These questions
sought information from applicants about relevant knowledge, skills and previous
experience, plus the ability to maintain confidentiality.
22 different applicants submitted EOIs however some applicants expressed interest in
multiple Panels resulting in 36 EOIs for a maximum of 30 available positions (given that
the six Panels can each include a maximum of 5 members). Confidential Attachment 1
outlines which applicants submitted EOIs for which Panels.
The EOI Assessment Process
All EOIs were initially assessed for accuracy by a Panel comprising three staff in
conjunction with support from the Mayor, Cr Rod Fyffe reviewing the initial score against
criteria. A further meeting occurred with Councillor Representation from each ward; Cr
Barry Lyons, Cr James Williams and Cr Mark Weragoda reviewed the applicants and
supported selection of the preferred applicants to the six Panels. The work was in
accordance with the Council adopted Policy and Guidelines.
Each of the EOIs were assessed using the following criteria and maximum scores:

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Criteria
Motivation to nominate
Experience in working with community groups
Experience in assessing project proposals
Experience in assessing grant applications
Experience in applying for grants
Ability to maintain confidentiality
TOTAL

Ordinary Meeting - 16 December 2015

Maximum score
15
10
10
15
10
10
70

The scores were used as the basis for formulating the recommendations regarding Panel
member suitability for Ward Councillors consideration. As multiple applicants expressed
interest in multiple grant categories, consideration has also been given to trying to
achieve a gender and geographical balance.
There was some variation in the standard of applications received, ranging from most
providing very detailed responses to some providing very minimal responses.
Confidential Attachment 2 provides a summary of applicants Expressions of Interest.
The final recommendations are presented for Councils endorsement.
Priority/Importance:
It is a high priority to ensure Councils limited funding is targeted to activities that will be
of greatest community benefit, and that funding allocations are underpinned by the
principles of transparency, equity and sustainability. The use of Panels to assess
applications and to develop funding recommendations for Council consideration is one of
the strategies embedded within the Policy and Guidelines for achieving transparency.
As 2015/16 Community Grant Round 2 applications open on 1 February 2016, it is
important that Council appoint Panel members during December 2015 to enable
sufficient time for them to be adequately briefed and trained prior to needing to assess
grant applications.
Risk Analysis:
This is the first time EOIs have been publicly sought for membership of Community
Grants Panels. The overall process undertaken was consistent with the adopted Policy
and Guidelines and thus the embedded principles of transparency, equity and
sustainability as well as sufficiently rigorous with both staff and councillor involvement in
the process.
The Guidelines require all Panel members to declare direct interests in any Community
Grant application referred to them. Any Panel member that has a direct interest in an
application must not participate in the Panels deliberations regarding that application.

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Consultation/Communication
External Consultation:
The opportunity to submit an EOI for Panel membership was publicly advertised through
a range of mediums.
Resource Implications
The Guidelines provide for the Panels to be administratively supported by the Citys
Community Grants and Development Officer. Each of the Panels is also linked to a City
staff member who is a Specialist Officer for the respective grant category. The role of
various Specialist Officers is to assist the Panels with any technical queries about a
proposed initiative. Staff members must not try to influence Panel assessment or funding
recommendation outcomes.
Conclusion
In accordance with the Community Grants Policy and associated Program Guidelines
adopted by Council on 11 February 2015, Expressions of Interest have been publicly
sought for membership of Community Grants Community Assessment Panels across six
grant categories. The Program Guidelines stipulate that each Panel is to be comprised of
a minimum of three and a maximum of five members, and that Council must appoint the
Panel members.
22 different individuals submitted Expressions of Interest with some applicants
expressing interest in multiple Panels. This resulted in 36 Expressions of Interest for a
maximum of 30 available positions as the six Panels can each include a maximum of 5
members. There is still capacity for a further member on each panel.
21 individuals are recommended, with one applicant deemed unsuitable against the
criteria.
Attachments
1.
2.

Confidential Summary of Expressions of Interest Received by Grant


Category.
Confidential Summary of Expressions of Interest Received by Applicant.

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RECOMMENDATION
That Council, following consideration of all Expressions of Interest received:
1. Thank all applicants for their interest in Community Grants Community
Assessment Panel membership.
2.

Advise the unsuccessful applicants in writing.

3. Appoint the following people to the respective Community Grants Community


Assessment Panels for a maximum three year term:
Active Communities category (seven Expressions of Interest received)
1. Anne Prime
2. Russel Henthorn
3. Shaun Morgan
4. Stuart Craig
Community Arts category (six Expressions of Interest received)
1. Dawn Colbourne OAM
2. David Collins
3. John Willis
4. Stephen Turpie
Community Development category (eight Expressions of Interest received)
1. Joshua Pell
2. Kathrine Waugh
3. Michael Trounson
4. Rick Christie
Community Events category (six Expressions of Interest received)
1. Bryley Savage
2. Geoff Michell
3. Murray Poustie
4. Dr Penelope Davies
Healthy Communities category (six Expressions of Interest received)
1. De Gilby
2. Geoff Michell
3. Dr Melanie Bish
4. Pauline Nolan
Print and Digital Publications category (three Expression of Interest received)
1. Dawn Rasmussen
2. Kathrine Waugh
3. Peter McGregor

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Productivity / Sustainability - Reports

4.

91

PRODUCTIVITY

Nil.
5.

SUSTAINABILITY

Nil.

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6.

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LEADERSHIP AND GOOD GOVERNANCE

6.1

REVIEW OF THE LOCAL GOVERNMENT ACT 1989

Document Information
Author

Peter Davies, Manager Executive Services

Responsible Craig Niemann, Chief Executive Officer


Officer

Summary/Purpose
The purpose of this report is to ask Council to adopt the attached draft submission to the
Local Government Act review discussion paper.
Policy Context
Council demonstrates leadership in its decision to meet future needs and challenges.
Background Information
On August 11 2015, the Minister for Local Government announced a review of the Local
Government Act 1989.
The purpose of the review is to revise the current legislation governing local government
in Victoria to create a more contemporary, accessible, and easier to understand Act that
meets the current and future needs of the community and local government sector.
The terms of reference provide for a comprehensive examination that will consider all
aspects of the current Act with a view to more accurately and consistently reflecting
policy intent and improving clarity, including provisions setting out objectives, roles,
functions and powers of councils; roles and responsibilities of councillors, mayors, CEOs
and council staff; directions about governance and administrative processes required to
be followed by councils; and the system of electoral representation.
To this end, a discussion paper was released to start a conversation between councils,
the community and the state government which identifies the key issues that reflect the
terms of reference for the review.
Submissions to the review discussion paper were invited and close on December 18
2015.

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Report
On November 12 2015, Councillors gathered for a workshop on the review, the purpose
of which was to identify a general position on the key issues distilled from the discussion
paper itself, but also from the issues, questions and concerns raised by the councillors
during the past 18 months, particularly in governance meetings.
The general position of the councillors has been expressed in the draft submission.
In addition to submissions from the sector, other contributions will be provided to the
review through technical working groups established by Local Government Victoria to
identify and prioritise key issues as identified in the discussion paper and by the group,
and provide options for addressing those issues; operational issues raised by chief
executive officers in separate correspondence; and community submissions.
Councillors have the opportunity to make individual submissions.
There will be a further opportunity to make a submission to a discussion paper which will
be developed in 2016 on the basis of responses to this discussion paper.
Resource Implications
There are no resource implications for Council
Attachments
1.

Draft submission to the Local Government Act Review

RECOMMENDATION
That Council(1) adopt the attached draft submission to the Local Government Act Review; and
(2) send the submission to the Local Government Act Review Secretariat.

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REVIEW OF THE LOCAL GOVERNMENT ACT 1989


SUBMISSION BY GREATER BENDIGO CITY COUNCIL
INTRODUCTION
The overarching principle
Based firmly on its constitutional status as a distinct and essential tier of
democratically elected government1, the overarching principle of the Councils
submission is the right of a democratically elected body to make decisions
suitable for and answerable to the community that elects it, with state intervention
limited to extreme circumstances.
To this end, the Council submits that the review of the Local Government Act
1989 (Act) should ensure that the functions and powers conferred on a council
are given full, practical and consistent expression in the revised provisions, and do
not remain theoretically aspirational only.
ROLES AND FUNCTIONS
Role of Council
The Council acknowledges the constitutional framework which legitimises its
existence and purpose as a tier of government responsible for the governance of
the area designated by its municipal boundaries, and constituted by
democratically elected councillors as the governing body which is accountable for
its decisions and actions, and is responsible for ensuring good governance.2
The Council also acknowledges that this governing body includes an
administration which implements the decisions of the Council and facilitates the
performance of the duties and functions of the Council.3
The Council submits the existing functions of a council identified in Part 1A of the
Act are appropriately broad for the purpose of achieving its objectives in setting
the overall direction for the municipality through long-term planning, and adopting
a strategic view of the future, and the plans and policies to achieve this.
The review may wish to consider the current disparity between larger regional
councils and smaller district councils in terms of resources and the provision of
services, and whether different tiers of local government would provide a more
viable future framework to address this.

s.74A(1) Constitution Act 1975


s.74(1A) Constitution Act 1975
3
s.74(1A)(c)(i) and (ii) Constitution Act 1975
2

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New tiers of local government could have larger regional councils with the
resources to provide key facilities and services to a broader region, and smaller
district councils, sitting within a larger regional area, continue to provide more
localised decision-making and representation.
Council submits that a new tier of local government with a regional emphasis may
serve to create a better environment for collaboration between larger regional
councils and smaller district councils for the provision of shared services not
hitherto available or affordable.
Role of a councillor
The Council agrees with the current role of a councillor as recently amended4.
A councillor is a constituent member of the Council 5 which exercises its power
through collective resolution, not individually.
The Council acknowledges that the interface between individual councillors and
the administrative arm is one of support through information and advice to enable
a councillor to perform his or her decision-making function in the context of
formally constituted meetings of the Council. It is not an executive function which
resides solely with the Chief Executive Officer6. In this regard, the Council
acknowledges the recent amendment to the Act which specifically delineates the
two functions7, and the Council submits that revised provisions should also make
the specific delineation to avoid confusion or doubt as to the respective functions.
The Council acknowledges that the only way it can state its opinion is by
resolution8, and submits that revised provisions could affirm this principle, not
with the view to stymie or contain legitimate debate, but rather support the
governance role and the unity of the Council after a decision has been made and
thereby avoid misunderstanding or confusion as to the opinion of the Council, as
opposed to the opinion of an individual. In this regard, the Council agrees with the
recent amendment to the Act which states that, in performing the role of a
councillor, a councillor must provide civic leadership in relation to the exercise of
the various functions and responsibilities of the Council under [the] Act and other
Acts9.
Independent of a formally constituted meeting of the Council, a councillor may
advocate on behalf of a constituent. The Council, however, acknowledges that in
exercising the role of councillor, a councillor represents the interests of the local
4

s.65 Local Government Act 1989 specifying the role of a councillor.


s.5B(1) Local Government Act 1989
6
s.94A Local Government Act 1989.
7
s.65(3) Local Government Act 1989.
8
Lillydale S.C. v Gainey (1930) V.L.R. 73, at p.80; Gifford, K.H. The Victorian Council Meetings Handbook, The Law
Book Company, Melbourne, p.51.
9
s.65(2)(c) Local Government Act 1989.
5

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community as a whole and must consider the diversity of interests and needs of
the local community,10 not just a portion of it. In this regard, the Council agrees
with the recent amendments to the Act clarifying the role of a councillor and
submits that the revised provisions should also contain this important distinction.
Role of a mayor
In addition to the current four specified statutory functions of a mayor 11, the
Council supports the four new functions in the recent amendment to the Act 12 to
include providing guidance to councillors about what is expected of a councillor,
acting as the principal spokesperson for the Council, supporting good working
relations between councillors, and carrying out the civic and ceremonial duties of
the office of Mayor.
Traditionally, many of the functions of the mayoral office have relied on convention
or the personality of individual incumbents. This situation may lead, in practice, to
confusion and inconsistency as to the relationship between a mayor and
councillors and a mayor and the administrative arm of the Council. It may also
potentially lead to conflict and an unreasonable diversion of Council resources.
The recent amendments add further clarity to the function which will serve to add
consistency to the role and avoid misunderstanding or confusion as to its
exercise. The Council submits that revised provisions could specifically affirm the
mayor is, and remains during the mayoral term, one constituent member of the
Council as a whole, and that, as a councillor, the role does not include the
performance of any functions that are specified as functions of the Chief Executive
Officer under section 94A of the Act.
Election of a Mayor
The Council agrees with the status quo in relation to the election of a mayor: that
a mayor be elected by the serving councillors for a term decided by the councillors
in accordance with the current provisions of the Act.
RELATIONSHIP WITH THE STATE
While local government in its current form is a creature of statute, with its distinct
status defined by Parliament13, this does not mean local government is an arm of
the State in the same way as a government department is, and councils should
not, therefore, be treated as such.

10

s.65(1)(b) and (2)(a) Local Government Act 1989.


Chair a meeting of a council: s.73(2) Local Government Act 1989; call a special meeting of a council: s.84(1) Local
Government Act 1989; casting (or second) vote: s.90(1)(e) Local Government Act 1989; precedence at all municipal
proceedings within the municipal district: s.73(1) Local Government Act 1989.
12
s.73AA Local Government Act 1989
13
s.74A(1) Constitution Act 1975; Part 2 Local Government Act 1989.
11

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Although created by statute for a public purpose, councils do not represent the
Crown. Councils are separate legal entities charged to ensure the peace, order
and good government of each municipal district.
It is submitted that revised provisions respect the integrity of local government as
a distinct tier of government and give practical expression to the overarching
principle that councils be answerable to those who elect it with minimal state
government intervention.
To this end, and mindful of practical realities, the Council submits that a new
charter reflect a renegotiated partnership with the state government in accordance
with the role and function of local government intended by the Act.
Revised provisions should regard intervention as a last resort and employ
prescription only where necessary and not as a matter of course given the direct
relationship between a council and the local community. In this regard, a council is
distinct from other statutory bodies whose public functions are discharged or
overseen by officers appointed or employed by the state.
COUNCIL INCOME
Arguably, local governments revenue base is contracting due to fiscal constraints
including reduced stated and federal funding, the impending rate cap and
mandated efficiency savings. Significantly, all of these factors are either external
impositions or reliance.
In this context, the issue of raising revenue to meet the cost of providing services
is an important one and in respect of which the status of councils should be taken
into consideration when identifying either alternative or additional income streams.
Council submits that the issue of revenue should be determined by the local
community who elect the Council. Applying this principle, a council should
determine its own budget and rates and charges suitable for, and answerable to,
the community that elect it. The state should only intervene in extreme
circumstances. This is consistent with the overarching principle recognising the
distinct and essential tier of government. It recognises local government in a real,
practical and responsible way rather than mere theory, however well-intentioned.
Council acknowledges grants available through the state and federal governments
to fund services, facilities and programs that align with local, state and national
strategies. The level of funding allocated to these grant programs need to reflect
community needs. Council accepts its obligation to articulate community priorities
in seeking funding from various programs.
While the Council does not advocate local government receiving a share of GST,
it does, nevertheless consider it worthwhile revisiting current exemptions which
serve to inhibit or restrict available revenue streams as an alternative. Removing
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the exemption from tax on land used for mining is an example. Another would be
removing the exemption of paying rates for public bodies occupying non-Crown
land. Consistent with the overarching principle is the removal of unreasonable
impediments against special charges and allowing councils to set statutory fees
based on cost recovery rather than fixed by the state and applied generally.
COST SHIFTING
In addition to the powers and responsibilities conferred under its own Act, councils
are responsible for functions expected of it under more than 40 other Acts of the
Victorian Parliament, including building control, planning, domestic animal control,
roads and traffic management, and some public health functions.
The practical consequence of transferring state functions to local government is
both the transfer of cost and responsibility. One follows the other, and the
suggestion that remaining impediments to further transfers be removed means
this burden will only increase.
While recognising there is no legal impediment to the state transferring
responsibilities to councils under Acts other than the Local Government Act, the
Council submits that the transfer be accompanied by an appropriate fee by way of
funding or an exemption from the imminent rate cap for any rate increase on an
ongoing basis as needed to offset the shift in cost.
Council submits the consideration and use of a local government impact
statement prior to any transfer of responsibility and cost to local government
should be reinforced.
COUNCILLOR CONDUCT
Codifying behaviour
Council submits that, consistent with the principle of upholding the integrity of this
distinct tier of government, councils should be allowed to draft their respective
codes of conduct to be adopted by the Council and signed by all councillors. To
impose a standardised code of conduct would serve as another example of
unnecessary prescription and intervention.
Behaviour enforcement
The revised provisions and the role of independent arbiter is supported by the
Council as it serves to both expedite resolution of matters, currently victim to an
unwieldy and protracted process, and also enables the Council itself to deal with
the matter and impose a sanction on the recommendation of the arbiter.

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Penalties
The Council supports the current range of available penalties that could apply for
a breach of a code of conduct and submits that directing and completing retraining
might also be considered a penalty where appropriate. This option may also serve
a practical benefit in addressing aberrant or challenging behaviour, at least in the
first instance.
Dismissal of a councillor(s)
Council submits that the current provisions dealing with councillor misconduct that
may adversely impact on the ability of a council to function or the health and
wellbeing of other councillors or council staff is inadequate and, arguably, unfair in
terms of addressing the source of the problem where it is identified not to be
systemic or widespread but limited to an individual or small group.
Currently, there is no power for the Minister to dismiss a councillor or councillors
identified as the cause of dysfunction or adverse impact following investigation,
there is only power to recommend to the Governor-in-Council that all the
councillors be suspended14. This may be a disproportionate response to the
problem and unfairly punishes councillors whose behaviour is not questionable or
subject to investigation.
Council acknowledges that a council cannot be dismissed except by an Act of
Parliament relating specifically to the Council 15. In order to proportionately
respond to the aberrant behaviour of an individual councillor or small group of
councillors, Council submits that statutory provision be made for individual
councillors to be dismissed in circumstances specified by the Act.
Providing for a dismissal mechanism does not violate the overarching principle.
Rather, it supports it because it ensures responsible functionality and the
continuity of a democratically elected body. Intervention through singular removal
in these extreme circumstances upholds the integrity of the council as a whole.
The Council acknowledges the recent amendments allowing the Governor-inCouncil to stand down a councillor on the recommendation of the Minister16,
however this standing down is only for the duration of an application to a
councillor conduct panel or VCAT alleging serious misconduct or gross
misconduct. It is a temporary measure, not a fix.
Councillor Conduct Panels
Council supports the new provisions relating to the appointment of a Principal
Conduct Panel Registrar with powers to strike-out any applications that are
frivolous or vexatious.
14

s.219(1) Local Government Act 1989


s. 74B(2) Constitution Act 1975
16
s. 36 Local Government Amendment (Improved Governance) Act 2015 (to be proclaimed) which inserts a new
Division 1A in Part 10 of the Local Government Act and s.219AF
15

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Council submits that conduct panel procedures need to be clarified so that


evidence provided or statements made are done so under oath. It should also be
clear that, other than material that is required to be published in the Council
minutes, all documents associated with a panel hearing are confidential.
Council submits that greater clarity should be given to the role of a councillor
conduct panel after a decision has been handed down if an application for review
at VCAT has been filed. There is currently confusion and inconsistency in who are
parties to a review and the role of a council, if any.
Conflict of interest
The Council submits the current six pages of overly complicated conflict of interest
provisions are incomprehensible and should be distilled or simplified into
something more manageable. It is not surprising the Inspectorate has identified
these provisions as the highest for investigation for non-compliance.
COUNCILLOR REMUNERATION
Council supports the status quo and submits an allowance is an appropriate form
of remuneration, although different categories of allowance reflecting the size of
the municipality and commensurate work load for councillors might be a more
equitable refinement of the current form. Metropolitan and regional city categories
are two examples.
WARDS, ELECTIONS, VOTING AND COUNTING
The number of wards for each municipal district should be based on a number of
factors including population, budget, geographic size and the category or type of
council. Council submits that the number set should be determined by the relevant
council itself having taken all these factors into consideration. This allows the local
community to have ownership over communities of interest and the structure of its
democratically elected governing body.
The same principle applies to determining the number of councillors, with a
maximum set at perhaps nine.
Similarly, the ideal ward structure should be determined by the relevant council:
that is, whether unsubdivided, single member or multi-member, or wards divided
into different numbers. Again, this supports local community ownership of its
governing structure in accordance with its own needs, rather than having a
structure imposed on it. This is a practical recognition of self-determination with
minimal intervention or prescription.
Proportional representation
In the case of unsubdivided or multi-member wards, the Council does not support
proportional representation.

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Voting
In regard to voting, the Council supports the status quo: that voting is compulsory
with exemptions for the elderly and non-resident ratepayers.
Entitlement
The Council supports the status quo in regard to the entitlement to vote.
COMMUNITY ENGAGEMENT
Council submits it should be left to each municipality to determine the extent to
which it engages with the community it represents and be answerable for it. This
is consistent with the principle of minimal prescription in the business of
governing. Were a community engagement policy and plan mandated, the Council
submits the content of it should be determined by each municipality in accordance
with its own needs or expectations, and a standard not imposed and prescribed.

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6.2

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PROGRESS REPORT: INDEPENDENT REVIEW IMPLEMENTATION

Document Information
Author

Peter Hargreaves, Project Coordinator, Independent Review


Implementation

Responsible Craig Niemann, Chief Executive Officer


Officer

Summary/Purpose
The purpose of this report is to provide an update on the Independent Review
Implementation.
Policy Context
Council demonstrates good governance and leadership.
Council Plan Reference: 5.1.1 Consider the recommendations of the Independent
Review 2013 and implement the agreed actions.
Independent Review: Recommendation 1 Implementation and communication
Background Information
Council has delivered on its commitment to independently review the City of Greater
Bendigo to see what improvements can be made to its operations. In June 2013 Aurecon
delivered its final report including 69 recommendations for Council to consider.
Previous Council Decision(s) Date(s):
On 21 August 2013 Council resolved to adopt in principle the 69 recommendations and
that a Committee of all Councillors supported by the Chief Executive Officer and
Manager Executive Services be established as the Independent Review Implementation
Committee.
Council reviewed progress with implementation of the review at its Ordinary Meetings on
22 January, 5 March, 16 April, 21 May, 9 July, 20 August, 1 October, 12 November and
17 December 2014 and on 21 January, 4 March, 25 March, 15 April, 27 May, 24 June, 5
August 2015 and 4 November.
Summary of progress
Implementation of the Review recommendations has been underway since August 2013.
The number of completed recommendations stands at 56. This includes eight of those
nominated by Councillors as their top 10 priorities.
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Work is progressing on 13 recommendations yet to be acknowledged by Council as


completed. Recommendation 69 (Asset Management System) is recommended for
completion in this report.

Recommendations still in progress


1Implementation/communication
10Performance management
11Consolidation of Council offices
23 & 24Closing the loop on customer enquiries and complaints
27Asset management plans
29Training in use of community engagement toolkit and
guidelines
37Develop community engagement toolkit
46-Community engagement officer resource
47RAP/Cultural Diversity Strategy
56Councillors research officer
57Review policies and training relating to bullying and
harassment
69Asset management system

Status
In progress
In progress
Under consideration
In progress
Advanced
Under consideration
In progress
Under consideration
In progress
Under consideration
In progress
Recommended for
completion

Report
Completed actions
Council acknowledges a recommendation is completed when either:
all associated actions have been completed, or
where the work is ongoing, when Council is satisfied all initial actions have been
completed and there is a framework in place to ensure future work is undertaken and
completed in a structured manner, or
where the recommendation has been addressed and Council has responded in a
different way that better aligns with Councils objectives.
Recommendation 69 Asset Management System
Investigate the implementation of a new Asset Management System.
Action
The City currently uses the Conquest Asset Management System for the
management of its fixed assets. This software is used to assist in the management of
civil infrastructure and buildings. Functions include asset inspections, details of asset
condition, scheduling of maintenance and determining when assets need to be
renewed.
The existing system has been assessed as part of a comprehensive review of the
organisations information systems.

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After thorough investigation the City is satisfied with the current system aside from
some minor improvements to develop it further. These will be implemented as part of
broader strategy involving improvements to information technology.
In summary this completes the actions associated with this recommendation.
Notable Progress
Progress is noted on the following recommendations:
Recommendation 1 Implementation and Communication
Create and continually update an implementation strategy and Communications Plan
to address and action the recommendations of this Review
Action
Council has to date acknowledged completion of 17 recommendations in 2015:
Recommendation 2
Recommendation 5
Recommendation 6, 15 & 20
Recommendation 7 & 21
Recommendation 8
Recommendation 9
Recommendation 13
mediation process
Recommendation 14
Recommendation 31
plan likability
Recommendation 49
positions
Recommendation 50
Recommendation 55
Recommendation 67
Recommendation 68

Review of staff classifications


Waste Strategy
Aged and Disability Services Review
Early Childhood Services Review
Review of City Futures
Local Government Performance Monitoring Framework
Review of Statutory Plannings consultation and
Review of user fees and charges
Reducing burden of defined benefits superannuation
Succession management plan for senior and critical
Survey staff and Councillors on communications and
community engagement
Continual improvement program
Councillor mentoring program
Consolidate Bendigo and Heathcote phone systems

The community has been kept informed of progress through: Regular reports to Council (8 in 2015)
A total of 18 progress bulletins have now been issued (7 in 2015 to date)
A community information forum 3 February 2015
A dedicated, regularly updated page on the Council website
Regular media releases.
Recommendation 10 Performance Management
Implement a performance management:
-Framework
-Change management plan; and

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-an information technology software system


which is capable of facilitating performance management for all levels of the
organisation (CoGB, Directorate, Business Unit and individuals).
Action
This project has moved into the final stage of implementation. A new employee
performance and development framework is being implemented. The CEO and
Directors all have plans in place. Work has commenced on managers plans being
put in place by the end of December. The second half of the financial year will focus
on establishing plans for all staff with access to computer. Staff without access to a
computer will have paper-based forms created for 2015-16.
Recommendations 23 and 24 Closing the loop
Adopt and implement an organisation-wide policy and procedure for closing the loop
on customer enquiries and complaints
Develop and mandate a consistent process for logging and tracking enquiries and
complaints received in Pathway
Action
The Closing the Loop team is continuing to work on initiatives to ensure an improved
response to customer enquiries and complaints.
Initiatives include:
Customer Service staff training and the production of a Customer Service DVD is
on track for launch in April 2016.
The six month trial of web chat is nearing completion. Webchat offers another
contact method for the public to communicate with the CoGB - on-line in real time
using an easily accessed messaging system on the CoGB website. Members of
the public are able to talk with customer support agents in a timely and
convenient way to address enquiries and complaints.
Work is underway to develop a complaints handling policy and review the
complaints handling procedures.
The first stage of the new Customer Service App called Citywatch has been
launched providing easy lodging of requests for services via mobile phones and
other mobile devices. The App provides an additional method of lodging requests
for both City customers and City staff.
The implementation of calling cards has been finalised. The calling cards are
used as a method of closing the loop on requests with customers in appropriate
situations (eg bin maintenance, street tree maintenance).
Nearing finalisation of quarterly performance reports on closing the loop activities
across the organisation by directorate to the Executive Management Team so that
further opportunity for improvement can be achieved.
Staff reminder on the correct use of voicemail to improve responsiveness to
phone messages.

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Over recent months the organisation has implemented an improved


communication regime to better inform both internal and external customers of
operational matters which may influence response times to some requests for
services, and to better inform residents about Council services. Information is
widely distributed via a number of mediums and has included: Q & As for
Mosque, Q & As for Greater Bendigo Indoor Aquatic Leisure and Wellbeing
Centre; Q & As Leisure Centre demolition; and general information such as
swimming pool opening times; Know your council website; Green waste
weekends; weather warnings and tips for households to prepare for heavy
rain/winds; heatwave information; Get prepared, Plan ahead (protecting your
family this summer).
A training provider has been appointed to deliver customer service training in the
final quarter of 2015-16. It has been agreed that all employee performance and
development plans will have customer service KPIs included in them.
A DVD is also being developed to provide employees and volunteers with an
overview of the standard of customer service expected at the City.
Recommendation 27 Asset Management Plans
Finalise Asset Management Plans for the following assets:- Roads sealed/unsealed roads, footpaths, kerb and channel, street furniture,
urban street trees
- Bridges and major culverts
- Drainage systems, flood levees and pump systems
- Parks and recreation facilities
- Waste disposal and resource recovery systems
- Plant and fleet
- Office systems and furniture
Action
Work remains on track to complete the plans by 30 June 2016.
Recommendation 29 Community Engagement Training
Implement training for use of the Community Engagement Guidelines and Toolkit by
Councillors and senior staff to understand appropriate methods of engagement for
various scenarios and the format and desired outcomes of these methods. A review
of current engagement practices could inform such training by identifying particular
areas of strength and/or weakness.
Action
The Community Engagement Guidelines and Toolkit has been reviewed and updated
and a simplified tool is also being developed and will be finalised early in the new
year. Plans are currently being developed to begin staff training in the toolkit in
March/April 2015.
Initial training will focus on all staff who currently undertake community engagement
as part of their job. This will then be extended to staff inductions where new

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employees will be introduced to Councils key principles and good community


engagement and the guidelines.
Recommendation 37 Community Engagement Tool
Develop a tool (e.g. checklist) to assist CoGB staff to define the appropriate level of
communication and engagement of stakeholders and community for future projects.
Action
A simple tool to assist staff that reflects Councils key principles of good community
engagement and the policy and guidelines is currently being developed. It is expected
the tool will be finalised and presented to Councillors early in the new year.
Recommendation 46 Community Engagement Officer
Recommendation 56 Councillors Research Officer
Explore opportunities to use the services of an in-house Community Engagement
Officer resource.
Explore opportunities to create the position of an in-house Councillor Research
Officer dedicated to assisting Councillors.
Action
In response to these recommendations from Aurecon, budget cases will be submitted
to Council for these positions and will be considered within the extremely tight fiscal
parameters established for the 2016-17 budget.
Recommendation 47 Reconciliation and Cultural Diversity
Develop a Reconciliation Action Plan and Cultural Diversity Strategy during the 201314 financial year.
Action
Both plans are progressing well and on track to meet their milestones.
A draft Reconciliation Action Plan is scheduled to be launched at Reconciliation Week
2016 for community consultation, 27th May - 3rd of June. A staff survey and
organisational audit will be undertaken within the next month to explore current
attitudes and the degree to which reconciliation is embedded into the organisation.
The first of four community reference group meetings was held on Friday 4th
December. The Reference Group includes representatives from the two Registered
Aboriginal Parties, BDAC, Bendigo Reconciliation Committee, government
departments, Aboriginal elders and Councillors.
The Cultural Diversity and Inclusion Plan (CDIP) involves the development of strong
partnerships with a range of stakeholders across the community to assist in the
mainstreaming of cultural inclusion. The newly established CDIP Reference Group

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includes representatives from sports, education, corporate, government, culturally


diverse residents, health and community groups.
The CDIP is in the research stage. This involves undertaking focus group discussion
and in depth interviews with people from culturally diverse background, organisational
assessments for cultural inclusion and promotion of the Australia@2015 survey which
measures social cohesion, including attitudes towards multiculturalism in Bendigo.
Recommendation 57 Bullying, Discrimination and Harassment Prevention
Review CoGBs policies and training relating to bullying, discrimination and
harassment prevention and how individual training needs are assessed and align to
performance and development goals.
Action
As previously reported, the Citys Bullying Prevention Policy and Discrimination and
Harassment Policy (previously Respecting Each Other in the Workplace Policy) have
been reviewed and updated in response to the recommendation. A separate set of
policies has also been developed for Councillors and adopted by Council.
A second round of employee training in Workplace Responsibilities took place in
November. The training included identifying bullying and harassment, how to
manage this behaviour and who to ask for help if you experience or witness the
behaviour.
A total of 812 paid and unpaid staff have now attended the training.
Resource Implications
There are no resource issues arising directly from this report. Where recommendations
have resource implications, steps are in place to ensure that any proposed new capital or
operating expenditure arising from the recommendations is considered in the budget
process.
Conclusion
The number of completed recommendations stands at 57; progress has been made on
nearly all recommendations.

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RECOMMENDATION
That Greater Bendigo City Council:
a)

b)

Acknowledge the completion of 69 (Asset Management System) and progress with


Recommendations 1 (Implementation and Communication), 10 (Performance
Management), 23 & 24 (Closing the Loop), 27 (Asset Management Plans), 29
(Community Engagement Training), 37 (Community Engagement Tool), 46
Community Engagement Officer), 47 (Reconciliation and Cultural Diversity), 56
Councillors Research Officer and 57 (Bullying, Discrimination and Harassment
Prevention).
Inform the community of this progress.

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COUNCILLOR SUPPORT POLICY UPDATE

Document Information
Author

Peter Davies, Manager Executive Services

Responsible
Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose
To consider an update to the Councillor Support Policy.
Policy Context
Councillor Support Policy
Council has a Councillor Support Policy as required under the Local Government Act to
guide support to Councillors including travel, childcare, training and development,
communication, attendance at functions and events etc.
At the present time, the policy and the guidelines from the State Government only
indicate that there should be reimbursement for travel but there is no indication of what
the rate of reimbursement should be. An administration decision was made many years
ago to pay Councillors at the organisation rate the same as staff.
Local Government Act
It is understood that Councillors will have conflicts of interest to varying degrees in
relation to the level of travel reimbursement. However, the Local Government Act
provides an exemption from conflict of interest when dealing with Councillor allowances.
Background Information
Reasonable support is required to enable councillors to undertake their role effectively.
Councillor allowances have recently been increased by the State Government, as
follows:
Mayor
Councillor

$101,105
$ 31,652

This amount includes a 9.5% allowance for superannuation.

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Recent reporting on the Local Government Performance Reporting Framework (LGPRF)


showed that the cost per Councillor at the City of Greater Bendigo ($76,118) is higher
that the State average of $47,565 and also the average of $55,195 for like councils.
There are a number of factors that may contribute to this cost which are beyond
Councils control, including allowances at the highest level (Category 3), travel
reimbursements, having regard for 3000 square km of the municipality and a councillor
having child care requirements. It appears there may also be different costs included by
various councils.
The cost per Councillors as part of the LGPRF is calculated from direct operating
expenses related to the activities of the elected councillors. This includes expenses such
as allowances, training, professional development, conferences and seminars, travel and
vehicles, plant hire costs, phones and computer costs, meals, child care, individual
membership and other incidental expenses. In the City of Greater Bendigo costs,
utilities, insurance and other costs have been included.
However one area to be considered is the reimbursement of travel rates. Most Councils'
reimburse Councillors at the same rate as reimbursements to staff, the rate has been
determined through enterprise agreement negotiations which involve staff but not
Councillors.
Following the recent Home and Community Care Review (HACC), the City of Greater
Bendigo now has two rates for reimbursement of travel, one for HACC and another for
other staff and Councillors. The vast majority of reimbursements for travel were for
HACC and the cost will be substantially reduced this financial year because of the lower
reimbursement rate. The other staff reimbursed for travel are predominantly the
Maternal Child and Health Nurses.
Previous Council Decision(s) Date(s):
Council last reviewed the Council Support Policy on 9 July 2014.
Report
An analysis of travel costs for the previous financial year was undertaken and the
majority relates to HACC, with Councillors being the next highest amount.
Total travel costs for the 2014/2015 financial year
HACC

$443,661 (this is expected to reduce by $155,000 in 2015/2016)

Councillors

$ 52,737

All other

$ 19,462

Total travel

$515,860

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Reimbursement rates for City of Greater Bendigo


With recent changes in HACC there are now three reimbursement rates for City of
Greater Bendigo
Bendigo HACC

$0.78 for 4 & 6 cylinder vehicles

Councillors & other $1.27 for 6 cylinder vehicle


$1.04 for 4 cylinder vehicle
Reimbursement rates for other Councils
Details were obtained from a small sample of other Councils and reimbursement rates
varied from:
$0.97 to $1.16 for 6 cylinder vehicle
$0.80 to $0.95 for 4 cylinder vehicle
One council was already using the Australian Tax Office (ATO) rate
ATO listed rates for 2014/2015
$0.77 for 6 cylinder vehicle
$0.76 for 4 cylinder vehicle
Consultation/Communication
Councillors discussed the cost per Councillor and the travel reimbursement rates at their
Governance meeting held on 2 December 2015. The general view of Councillors was
the Councillors could show leadership in containing costs by using the Tax Office rate for
their travel reimbursement. There was also a view that there should be a uniform rate of
reimbursement for staff and Councillors. The rate for remaining staff on the higher rate
will be considered as part of the next Enterprise Bargaining Agreement negotiations.
Based on previous expenditure the reduced rate would result in a savings in the order of
$20,000 per annum.
Conclusion
The amount of reimbursement for Councillors is not equal among Councillors as it
depends on the Councillors place of residence, Council commitments, approach to the
role and claims. The Australian Tax Office rate for reimbursement is considered a
reasonable rate for the organisation.
Councillors have shown initiative in expressing a willingness to reduce their rate of travel
reimbursements. It is appropriate for Council to formally resolve to amend the Councillor
Support Policy accordingly.

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RECOMMENDATION
That Council amend the Councillor Support Policy to indicate that the rate of
reimbursement for travel be based on the Australian Tax Office rate.

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ANNUAL REPORT - BENDIGO LIVESTOCK EXCHANGE 2014/15

Document Information
Author

Rachelle Quattrocchi, Manager Works

Responsible
Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose
The purpose of this report is to provide Council and the community with a summary of
recent achievements by the Bendigo Livestock Exchange and an outline of key
management and policy pursuits guiding the future operation and development of this
venue/facility.
Policy Context
Council Plan Reference:
City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):
Theme: 1

Leadership and Good Governance

Strategic Objective: 1

Council demonstrates leadership in its decisions to meet


future needs and challenges.

Strategy: 1.1

Good governance principles are used to guide strategic


decision-making.

Independent Review:
Recommendation 18 Annual reporting of City of Greater Bendigo entities.
Report
The Bendigo Livestock Exchange is a National Saleyard Quality Assurance (NSQA) and
European Union (EU) accredited sheep, cattle and pig selling complex which conforms to
the National Saleyard Quality Assurance Program and Occupational Health & Safety
Management System for saleyards. The Exchange is located just 12 kilometres north of
Bendigo at Huntly and is a Quality Accredited facility.
Weekly sheep and cattle and monthly pig sales are conducted throughout the year. The
Livestock Exchange is one of the largest sheep and lamb selling centres in Victoria
transacting a quarter of the states sheep and lambs that go through saleyards. It yards
approximately one million sheep and lambs, 15,000 cattle and 2,500 pigs annually.

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This throughput represents sales of around $160Million. The sheep, cattle and pig sales
at the Bendigo facility generate revenue of around $1.2 Million per year that is used to
fund the operation of the yard.
Key achievements or milestones achieved in 2014/15 include:

Weekly prime sheep and lamb, cattle markets, monthly pig sales, and special store
sales.

Maintained accreditation for National Saleyard Quality Assurance (NSQA) and


European Union (EU) programs.

Participated in Department of Environment, Land, Water and Planning (DELWP) trial


for electronic scanning of sheep and lambs.

Training of Livestock Exchange council staff in animal welfare awareness and


euthanasia\humane killing of farm livestock.

Representation on the National Saleyards Quality Assurance Committee and


Livestock Saleyards of Victoria Executive.

Budget & Actual Revenue and Budget & Actual Expense for the
Bendigo Livestock Exchange
for 2012/13, 2013/14 and 2014/15 financial years

$1,400,000
1,158,909
1,193,098

$1,200,000
1,117,820

$1,000,000

1,046,624
997,682

1,218,322

1,204,430

1,147,066
1,202,814

1,144,491
1,071,049

1,046,847

$800,000

$600,000
Budget Revenue

$400,000

Actual Revenue
Budget Expense

$200,000

Actual Expense
$0
2012-13

2013-14

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A total of 1.1 million sheep and lambs were sold through the Livestock Exchange facility
during 2014/15. This is down by 7% to the throughput figures for 2013/14.
There has been a steady decline in the pig numbers at the sales during 2014/15 and due
to industry demand, the last sale will be in December 2015.

Description

Throughput 2014/15

Sheep & Lambs

1,125,568

Cattle

20,761

Pig & Calf

2,268

Sheep and Lamb Throughput Financial Year


Annual figures for 2012/13, 2013/14 and 2014/15
1,220,000
1,205,339
1,200,000
1,180,000
1,160,000
1,140,000
1,120,000

1,125,568

1,119,952

1,100,000
1,080,000
1,060,000
2012/13

2013/14

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Current and Emerging Challenges:


The priorities for the 2015/16 financial year for the Bendigo Livestock Exchange are:

Maintain the National Saleyard Quality Assurance (NSQA) and European Union (EU)
programs accreditation.

Commitment to staff training and awareness to support the Integrated Quality, OH&S
and Environmental Management System.

Development and improvement to policies and procedures to ensure compliance


with the Integrated Quality, OH&S and Environmental Management System.

Maintain animal welfare standards to ensure that consumers have confidence in the
livestock saleyard industry.

Look at marketing and future growth opportunities for the Bendigo Livestock
Exchange in light of changing markets.

Look at water saving initiatives and sustainable practices to reduce the cost of
operations in the day-to-day running of the facility.

Management and Policy Directions:


The Bendigo Livestock Exchange is looking at new technology advancements for the
selling of livestock such as electronic NVDs and sheep identification, to provide
traceability, disease management and access to global markets.
The Bendigo Livestock Exchange maintains animal welfare standards to provide for the
ethical treatment of livestock whilst at saleyards. The Bendigo Livestock Exchange will
continue to work with authorities and stakeholders to maintain standards and improve
management processes.
Risk Management:
The identification and minimisation of risk is an integral part of the quality management
system of the Livestock Exchange operations.
The Livestock Exchange is committed to the implementation of the Risk Manager
System that promotes OH&S and risk management practices and procedures in all
aspects of its operations.
Consultation/Communication
Livestock Exchange Stakeholder meetings were established on the commencement of
the 2014/15 financial year, this was an initiative of Cr James Williams. The attendee list
of key stakeholders include Cr James Williams, representatives from the farming
community, transport sector, Department of Environment, Land, Water and Planning
(DELWP) and stock agencies.

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The stakeholder meetings provide a forum where key stakeholders can meet and
discuss relevant issues related to the operation of the Livestock Exchange. The meeting
also provides a greater opportunity for an open line of communication between the
stakeholder groups. These meetings will continue in 2015/16.
Resource Implications
This Council-owned facility employs two full-time staff members, two part-time staff
members and a number of casual employees which equate to 4 full-time equivalent staff
on an annual basis.
Full-time:
Part-time:
Casual:

2
2
2

FTE:

Attachments
Nil

RECOMMENDATION
That Greater Bendigo City Council acknowledge the performance of the Bendigo
Livestock Exchange in 2014/15.

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ANNUAL REPORT - WORKS UNIT 2014/15

Document Information
Author

Rachelle Quattrocchi, Manager Works

Responsible
Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose
The purpose of this report is to provide Council with an overview of the performance of
the Works Unit during the 2014/15 financial year.
Policy Context
Council Plan Reference:
City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):
Theme: 1

Leadership and Good Governance

Strategic Objective: 1

Council demonstrates leadership in its decisions to meet


future needs and challenges.

Strategy: 1.1

Good governance principles are used to guide strategic


decision-making.

Previous Council Decision(s) Date(s):


At the 28 May 2014 meeting Council resolved that annual reports be provided by the
Works Unit.
Report
The Works Unit sits within the Presentation and Assets Directorate and is responsible for
the construction and maintenance of civil infrastructure by the City of Greater Bendigo.
The construction and maintenance teams undertake the construction and maintenance
of the Citys roads, drains and footpaths. The construction team also undertakes the
construction of sporting facilities, car parks and other civil projects.
The Works Unit is responsible for delivery of maintenance works in accordance with the
Capital Works Program and Road Management Plan.
The Works Unit is also responsible for the Bendigo Livestock Exchange, however as per
Councils resolution, this business is reported separately.

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A total of 124 Capex projects totalling approximately $13M were delivered for the
2014/15 financial year by the Works Unit.
The total number of projects delivered by the Works Unit included the following
significant projects:

Bendigo East Link Road Project (completion of the third stage).

Other Major Road Construction projects including Olympic Parade, Taylor Street,
Bendigo Botanical Gardens Entrance Road and Panton Street.

Eaglehawk Landfill Cell 5 construction.

Major Drainage projects including Osborne/Friswell Streets, Abel Street, Napier


Street and Lockington Road.

Various Black Spot and Roads to Recovery funded projects.

Landscaping works to complement the Ulumbarra Theatre project.

Completion of the redevelopment of Mitchell Street between Pall Mall and Queen
Street.

The annual program for maintenance of footpaths, unsealed and sealed roads was
delivered during 2014/15. Some of the works delivered as part of this program included
the following:

$2.5M re-sheet program improving the condition on approximately 85km of unsealed


roads and shoulders.

Maintenance works in accordance with the intervention levels of Council's Road


Management Plan.

Footpath repair works of paving within the CBD of Bendigo.

Works in collaboration with the Sustainable Environment Unit to manage roadside


vegetation in accordance with legal requirements.

Drainage repair works and clearing of table drains.

Road patching and programmed repair works for sealed roads.

Treatment of mineshafts that opened up on Council owned land.

Response to emergencies and urgent repair works.

The maintenance area of the Works Unit also delivers day-to-day maintenance activities
and responds to customer requests.
A total of 4,267 customer requests were received for maintenance works during the
2014/15 financial year. 79% of these requests were responded to within 9 days.
In addition to responding to customer requests, the maintenance area of the Works Unit
co-ordinates work in response to commitments in Councils Road Management Plan.
During 2014/15, the total number of footpath defects above the intervention level of
25mm was reduced from 1,570 to 420. Proactive works were also completed on steps
below 25mm in footpaths that could potentially end up as defects. This has resulted in a
reduction to the number of these from approximately 5,000 to 2,000.

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Financial Performance for the year ended 30 June 2015:


A summary of the Works Unit operational budget for 2012/13, 2013/14 and 2014/15
financial years (as shown below) provides an overview of the financial performance of
the Works Unit over the last three years.

Financial Performance for the Works Unit


2012/13, 2013/14 & 2014/15 financial years
$11,500,000
$11,116,817
$11,000,000
$10,413,931

$10,500,000
$10,000,000

$9,702,910

Budget

$9,534,430
$9,500,000

$9,274,665

Actual

$9,279,332

$9,000,000
$8,500,000
$8,000,000
2012/13

2013/14

2014/15

In the 2014/15 financial year, the operational budget was delivered with a variance to the
original budget amount. The unfavourable result was due to additional contract services
for water supply for grading, due to drought-like conditions and emergency works for
drainage and events.
Current and Emerging Challenges:
The current and emerging challenges for the Works Unit for the 2015/16 financial year
include the following:

Co-ordinate maintenance works required under the Road Management Plan and
continue proactive works to further reduce Councils legal risks while keeping within
allocated budgets.

Find reliable sources of water at cost effective locations to continue maintaining


Councils 1,400km of gravel roads to an appropriate standard.

Provide training and development opportunities for staff to increase skill level for
efficient delivery of construction and maintenance activities and provide career paths
for staff.

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Ongoing review of allocation of resources, plant, equipment and contractors to


ensure efficient delivery of maintenance works.

Invest time to strengthen partnerships with other business units within the
organisation to ensure continuous improvement of service delivery.

Continue making improvements to communication with the community when


planning and undertaking construction and maintenance works.

Management and Policy Directions:


The Works Unit is looking at improving service delivery processes to ensure that all
customer requests are followed up in a timely manner and properly closed out with
customers.
The Works Unit introduced calling cards during 2014/15 to advise customers of works
that had occurred in their neighbourhood. This initiative has particularly improved
communication to residents about maintenance works that are not always visible when
they have occurred. Such an approach will continue in 2015/16 and opportunities to
expand on this will be considered.
Risk Management:
The identification and minimisation of risk is a critical part of the Presentation and Assets
Directorate Integrated Management System within which the Works Unit operates. This
includes risk management procedures and work instructions covering all aspects of the
Works Unit operations.
The Works Unit has also had a significant role in the implementation of the incident
reporting framework that has recently been rolled out across the organisation.
The Integrated Management System (IMS) includes OHS (AS/NZS 4801), Quality (ISO
9001) and Environmental Management (ISO 14001). The Works Unit plays a strong role
in maintaining this accreditation through:

Commitment and involvement in the management review processes required by the


Australian Standards.

Commitment to staff training in the Integrated Management System and technical


skills development to perform their roles efficiently, safely and effectively.

Ongoing development and improvement to policies and procedures relevant to the


Works Unit.

Ongoing auditing of staff to ensure compliance with adopted processes.

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Resource Implications
The Works Unit employs a total of 80 FTE:
Full-time
Part-time
Temporary
Casual
FTE

69
4
3
7
80

Attachments
Nil.

RECOMMENDATION
That Greater Bendigo City Council acknowledge the performance of the Works Unit in
2014/15.

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RECORD OF ASSEMBLIES

Document Information
Author

Peter Davies, Manager Executive Services

Responsible
Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose
The purpose of this report is to provide the record of any assembly of Councillors, which
has been held since the last Council Meeting, so that it can be recorded in the Minutes of
the formal Council Meeting.
Policy Context
Strong leadership to meet future needs and challenges; effective community
engagement.
Background Information
The Local Government Act provides a definition of an assembly of Councillors where
conflicts of interest must be disclosed.
A meeting will be an assembly of Councillors if it considers matters that are likely to be
the subject of a Council decision, or, the exercise of a Council delegation and the
meeting is:
1.
2.

A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
an advisory committee of the Council where one or more Councillors are present.

The requirement for reporting provides increased transparency and the opportunity for
Councillors to check the record, particularly the declarations of conflict of interest.

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Report
Meeting
Name/Type
Meeting Date
Matters discussed

Meeting Information
Councillors' Forum
11 November 2015
1. Presentation by the Youth Action Group
2. Presentation on Heathcote Flood Study
3. Presentation by Brookfield Energy
4. Draft Domestic Animal Management Plan
5. Recreation contributions
6. Pop-up bars
7. Malone Park
8. Audio system
9. Impact of dams in rural areas
10. Chum Street traffic
11. Kangaroo Flat Leisure Centre
12. Phoenix FM broadcast
13. Commercial-in-confidence proposals
14. Letters for Councillor comment
15. Planning permits under delegation
16. Onsite visits to development sites
17. Support for DELWP Committees of Management
18. Rural counselling service
19. Kangaroos
20. Hopley Demolitions
21. MAV WorkCover Self-Insurance
22. Greening Bendigo Project
23. Economic Development Strategy Implementation Plans
24. Code of Conduct
25. Marong Business Park
26. Mosque Supreme Court challenge

Attendees/Apologies
Councillors
Cr Peter Cox
Cr Rod Campbell
Cr Elise Chapman
Cr Rod Fyffe
Cr Helen Leach
Cr Barry Lyons
Cr Lisa Ruffell
Cr James Williams
Leave of Absence:
Cr Mark Weragoda
Staff/
Mr Craig Niemann
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Mr Stan Liacos
Ms Prue Mansfield

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Ms Pauline Gordon
Mr Peter Davies
Mrs Alison Campbell
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
25.
Cr Chapman

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting
Yes

Meeting Information
Councillors' Forum
18 November 2015
1. Aspire Foundation update
2. Planning matters and draft Ordinary Agenda review
3. Peppercorn Park
4. Community Satisfaction Survey
5. Walk to School grant
6. Permit at Woodvale
7. Rosalind Park Reference Group
8. Cathedral crown land
9. Reports for delegated panel process
10. Signage: CBD
11. Organic waste
12. Waste to energy
13. Career Horizons
14. Bendigo Flood Mitigation Community Reference Group
15. Letter to Communications Minister
16. Arrangements for the next Council Meeting
17. Capital Evaluation Framework
18. 2014/2015 Capital and Major Works Performance Review

Attendees/Apologies
Councillors
Cr Peter Cox
Cr Rod Campbell
Cr Elise Chapman
Cr Rod Fyffe
Cr Helen Leach
Cr Barry Lyons
Cr James Williams
Apology:
Cr Lisa Ruffell
Leave of Absence:
Cr Mark Weragoda
Staff/
Mr Stan Liacos
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Ms Prue Mansfield
Ms Pauline Gordon
Mr Peter Davies
Mrs Alison Campbell
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Apology:
Mr Craig Niemann
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Finance Committee Meeting
18 November 2015
1. Previous Minutes
2. QEO lighting
3. Ned: The Musical
4. Peppercorn Park
5. Carry Forward Projects
6. Victoria Street drainage
7. Peter Krenz Leisure Centre
8. Financial Management Report
9. Capital and Major Works Report
10. Capital and Major Works net variances

Attendees/Apologies
Councillors
Cr Peter Cox
Cr Rod Campbell
Cr Elise Chapman
Cr Rod Fyffe
Cr Helen Leach
Cr Barry Lyons
Cr James Williams
Apology:
Cr Lisa Ruffell
Leave of Absence:
Cr Mark Weragoda
Staff/
Mr Stan Liacos
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Ms Prue Mansfield
Ms Pauline Gordon
Mr Peter Davies
Mrs Alison Campbell
Apology:
Mr Craig Niemann
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

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Councillor/officer left
meeting

Leadership and Good Governance - Reports

Meeting
Name/Type
Meeting Date
Matters discussed

128

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Meeting Information
Audit Committee
19 November 2015
1. Insurance Liability and Professional Indemnity Policies
2. 2015-16 Draft Strategic Internal Audit Plan
3. Internal Audit - Fee Waivers, Write-Offs and Discounts
4. Follow-up on previous Internal Audit recommendations June 2015
5. Draft Cash Handling Policy
6. Risk update
7. Risk Management Framework
8. LGPRF update
9. Review of Audit Charter
10. Audit Committee Performance Review

Attendees/Apologies
Councillors
Cr Barry Lyons
Cr Rod Campbell
Staff/
Ms Kerryn Ellis
Community
Mr Travis Harling
Representatives
Mr Bruce Duncan
Mr John Salter
Ms Natalie Johnson
Ms Toni Lyon/
Mr Ken Belfrage
Ms Kate Scarce
Mr Graham Bastian
Mr Andrew Zavitsanos
Mr Phil Delahunty
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

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meeting

Leadership and Good Governance - Reports

Meeting
Name/Type
Meeting Date
Matters discussed

129

Ordinary Meeting - 16 December 2015

Meeting Information
Consultation meeting
1 September 2015
Planning application DS/353/2015
142 Ryalls Lane, STRATHFIELDSAYE 3551
2 lot subdivision of land

Attendees/Apologies
Councillors
Cr Helen Leach
Staff/
Liz Commadeur
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Consultation meeting
10 September 2015
Planning application DS/466/2015
96 Mackenzie Street West, GOLDEN SQUARE 3555
Two lot subdivision and alteration of access RDZ1

Attendees/Apologies
Councillors
Cr Rod Fyffe
Cr Barry Lyons
Staff/
Liz Commadeur
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

PAGE 129

Councillor/officer left
meeting

Leadership and Good Governance - Reports

Meeting
Name/Type
Meeting Date
Matters discussed

130

Ordinary Meeting - 16 December 2015

Meeting Information
Consultation meeting
8 September 2015
Planning application DS/505/2015
485 Tannery Lane, STRATHFIELDSAYE 3551
2 Lot subdivision

Attendees/Apologies
Councillors
Cr Helen Leach
Staff/
Liz Commadeur
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Consultation meeting
7 September 2015
Planning application DI/319/2015
59-95 Bannister Street, NORTH BENDIGO 3550
Building and works associated with milk product manufacture
and reduction in car parking requirement

Attendees/Apologies
Councillors
Cr James Williams
Cr Peter Cox
Staff/
Chris Duckett
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

PAGE 130

Councillor/officer left
meeting

Leadership and Good Governance - Reports

Meeting
Name/Type
Meeting Date
Matters discussed

131

Ordinary Meeting - 16 December 2015

Meeting Information
Consultation meeting
3 September 2015
Planning application DR/240/2015
54A Myers Street, BENDIGO 3550
Construction of dwelling and front fence

Attendees/Apologies
Councillors
Cr James Williams
Cr Peter Cox
Staff/
Bryce Kilian
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Consultation meeting
29 September 2015
Planning application DSD/176/2014
1-3 Bannerman Street, BENDIGO 3550
Subdivision of land into 4 lots (in stages), demolition of
outbuildings, partial demolition and extension to existing
dwellings and construction of 2 dwellings (single storey)

Attendees/Apologies
Councillors
Cr James Williams
Staff/
Chris Duckett
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

PAGE 131

Councillor/officer left
meeting

Leadership and Good Governance - Reports

Meeting
Name/Type
Meeting Date
Matters discussed

132

Ordinary Meeting - 16 December 2015

Meeting Information
Consultation meeting
27 October 2015
Planning application DR/595/2015
37 Rowan Street, BENDIGO 3550
Use of land for student accommodation, construction of
enclosed stairs and waiver of car parking

Attendees/Apologies
Councillors
Cr James Williams
Cr Peter Cox
Staff/
Kahlia Reid
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Consultation meeting
30 October 2015
Planning application DS/621/2015
128 Rohs Road, EAST BENDIGO 3550
2 lot subdivision of land and creation of access to a road in a
Road Zone 1

Attendees/Apologies
Councillors
Cr Peter Cox
Staff/
Lachlan Forsyth
Community
Peter Brasier
Representatives
Applicant
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

PAGE 132

Councillor/officer left
meeting

Leadership and Good Governance - Reports

Meeting
Name/Type
Meeting Date
Matters discussed

133

Ordinary Meeting - 16 December 2015

Meeting Information
Consultation meeting
9 November 2015
Planning application DS/511/2015
Lot A Lynch Lane and CA 6Z Taig Road, AXEDALE 3551
9 Lot subdivision and removal of native vegetation in road
reserve

Attendees/Apologies
Councillors
Cr Helen Leach
Staff/
Simon Francis
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Consultation meeting
19 November 2015
Planning application DS/694/2015
24 Archer Street, KANGAROO FLAT 3555
Two lot subdivision

Attendees/Apologies
Councillors
Cr Elise Chapman
Staff/
Liz Commadeur
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

PAGE 133

Councillor/officer left
meeting

Leadership and Good Governance - Reports

Meeting
Name/Type
Meeting Date
Matters discussed

134

Ordinary Meeting - 16 December 2015

Meeting Information
Consultation meeting
19 November 2015
Planning application DS/653/2015
42 Milroy Street, BENDIGO 3550
Construct second dwelling on a lot, subdivide land into 2 lots
and retrospective construction of car port and partial front
fence demolition

Attendees/Apologies
Councillors
Cr Peter Cox
Cr James Williams
Staff/
Lachlan Forsyth
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Consultation meeting
26 November 2015
Planning application DS/712/2015
1 Arlington Court, MAIDEN GULLY 3551
Subdivide land into 2 lots

Attendees/Apologies
Councillors
Cr Barry Lyons
Staff/
Liz Commadeur
Community
Nic Butler
Representatives
Applicant
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Councillor/officer left
meeting

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

PAGE 134

Leadership and Good Governance - Reports

6.7

135

Ordinary Meeting - 16 December 2015

CONTRACTS AWARDED UNDER DELEGATION

Document Information
Author

Leeanne Taig, Contract Support Administrator, Contract & Project


Coordination Unit

Responsible
Director

Kerryn Ellis, Director Organisation Support

Summary/Purpose
The purpose of this report is to provide information on contracts recently awarded under
delegation.
Policy Context
Delivery of programs, projects and services that respond to community needs.
Report
Contract No

Project

Successful Contractor

Value
(GST Excl)

Delegated
Officer

Date Signed

Capital Contracts
CT000214

Forest Resource Salvage

Tasmanian Timbers

259,000.00

Stan Liacos

CT000232

WWCM Landscape &


Irrigation

Groundswell Australia

266,028.30

Stan Liacos

CT000203

Repairs to Wilsons Road


Bridge Leichardt

Victorian Green Work


Pty Ltd

388,214.63

Darren Fuzzard

12
November
2015
09
November
2015
16
November
2015

Service Contracts

CT000219

Provision of Pond &


Fountain Maintenance

RSP Environmental
Services
Hickmans Supasuk

Schedule of
Rates

Darren Fuzzard

24 November
2015

Current annual Council Budget for the goods/services contracted via this schedule of rates is
$80,000.00
CT000216

Provision of Cleaning
Services to Libraries &
Archive Centres

Ausbright Facilities
Management

Schedule of
Rates

Prue
Mansfield

26 November
2015

Current annual Council Budget for the goods/services contracted via this schedule of rates is
$85,000.00

PAGE 135

Leadership and Good Governance - Reports

136

Ordinary Meeting - 16 December 2015

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

PAGE 136

137

7.

URGENT BUSINESS

Nil.

PAGE 137

Ordinary Meeting - 16 December 2015

138

8.
8.1

Ordinary Meeting - 16 December 2015

NOTICES OF MOTION
NOTICE OF MOTION: FUTURE USE OF FORMER WHITE HILLS
LANDFILL SITE

CR ELISE CHAPMAN

1.

That the Economic Development Unit prepare a report by the 31 March 2016 on
long-term future uses of the former White Hills Landfill site.

2.

That Councillors will make a decision on the long-term future use of the site by 30
April 2016.

Officer Comment (Darren Fuzzard, Director Presentation and Assets):


The former White Hills Landfill is subject to an EPA Pollution Abatement Notice (PAN)
that was issued on 28 July 2015.
In accordance with the PAN the City, through Russell Kennedy Lawyers, submitted to
EPA a detailed report on the condition of the existing Landfill Cap on 30 November 2015.
The EPA has not yet provided comment on the submitted report.
The PAN however still requires the submission of: A hydrological risk assessment
A landfill gas risk assessment
A plan to manage any negative risks that result from those assessments.
This information must be submitted to EPA by 31 May 2016. These reports will again be
prepared through Russell Kennedy Lawyers and will occur following the final rounds of
seasonal testing necessary to meet the requirements of the EPA-approved auditor.
It is strongly recommended that any consideration of potential redevelopment/use of the
site not occur before this process is completed and a response received from the EPA
regarding the consequent status of the PAN.

PAGE 138

139

9.

COUNCILLORS' REPORTS

10.

MAYOR'S REPORT

11.

CHIEF EXECUTIVE OFFICER'S REPORT

12.

CONFIDENTIAL (SECTION 89) REPORTS

12.1

Ordinary Meeting - 16 December 2015

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


Government Act 1989, relating to a proposed development.

RECOMMENDATION
That the meeting be closed to the public to consider a report in accordance with Section
89(2)(e) of the Local Government 1989, as amended, relating to a proposed
development.

PAGE 139

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