Council Agenda 23 March 2016

AGENDA
Ordinary Meeting of Council

6.00pm Wednesday 23 March 2016
*** Broadcast live on Phoenix FM 106.7 ***
VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 13 April 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 23 MARCH 2016
ORDER OF BUSINESS:
ITEM
PRECIS
PAGE
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
SUSPENSION OF STANDING ORDERS
ACKNOWLEDGEMENT OF COUNCILLORS WHO HAVE RECENTLY

GRADUATED WITH THE DIPLOMA OF LOCAL GOVERNMENT
PUBLIC QUESTION TIME
RESUMPTION OF STANDING ORDERS
DECLARATIONS OF CONFLICT OF INTEREST
CONFIRMATION OF MINUTES
1.
PETITIONS AND JOINT LETTERS
1.1
Petition: Nevinson and McKinnons Road, Lockwood
2.
PLANNING FOR GROWTH
11
2.1
Planning Scheme Amendment C213 - Eaglehawk

Structure Plan Consider Submissions and Adoption
11
2.2
68 Lily Street, Bendigo - Demolish Existing Dwelling and

Construct Two New Dwellings
32
2.3
Submission to the Managing Residential Development

Advisory Committee
48
2.4
Declaration of Special Charge Scheme for Drainage Works

in Guys Hill Road and Tannery Lane, Strathfieldsaye
52
3.
PRESENTATION AND VIBRANCY
59
3.1
Ulumbarra Foundation
59
4.
PRODUCTIVITY
63
5.
SUSTAINABILITY
64
PAGE 3
5.1
Environmental Upgrade Agreements
64
6.
LEADERSHIP AND GOOD GOVERNANCE
74
6.1
Councillor Conduct Panel
74
6.2
Insertion of Internal Resolution Procedure in Councillor

Code of Conduct
76
6.3
Progress Report: Independent Review Implementation
81
6.4
Record of Assemblies
88
6.5
Contracts Awarded Under Delegation
95
7.
URGENT BUSINESS
96
8.
NOTICES OF MOTION
96
9.
COUNCILLORS' REPORTS
96
10.
MAYOR'S REPORT
96
11.
ACTING CHIEF EXECUTIVE OFFICER'S REPORT
96
12.
CONFIDENTIAL (SECTION 89) REPORTS
96
12.1
Confidential Report in accordance with Section 89(2)(e)

and of the Local Government Act 1989, relating to a
proposed development.
96
12.2
Confidential Report in accordance with Section 89(2)(h) of

the Local Government Act 1989, relating to any other
matter which the Council or Special Committee considers
would prejudice the Council or any person.
96
____________________________
DARREN FUZZARD
ACTING CHIEF EXECUTIVE OFFICER
PAGE 4
Ordinary Meeting - 23 March 2016
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
Cr Helen Leach
Acknowledgement of Councillors who have recently graduated

with the Diploma of Local Government
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 ask 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.
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 and 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 the Greater Bendigo City
Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo
Town Hall, Hargreaves Street, Bendigo.
The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered and unregistered
questions.
Residents are encouraged to lodge questions in advance so that a more complete
response can be provided.
PAGE 5
Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or Chief Executive Officer, or where appropriate,
Councillors or Council Officers.
Acceptance of Questions
Each person asking a question of Council is required to stand, state their name and
address the Mayor. Public Question Time is not an opportunity for the making of
statements or other comments. Councils Meeting Procedure Local Law does not allow
for other questions or comments during the remainder of the meeting.
1.
An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.
2.
In the event that the same or similar 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 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.
RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.
CR COX'S REPORT
PAGE 6
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
CONFIRMATION OF MINUTES
Minutes of the Ordinary Meeting of Wednesday 2 March 2016.
The following items were considered at the Ordinary Council meeting held on
Wednesday 2 March 2016 at 6:00pm.
42 Milroy Street, Bendigo - Construct Second Swelling on a Lot, Subdivide Land into
2 Lots, Construct Front Fence, Construction of Vehicle Crossover and Retrospective
Construction of Carport and Partial Front Fence Demolition
66 Kirkwood Road, Eaglehawk - Construction of Second Dwelling on a Lot (Two
Storey) and Removal of Vegetation
575 Sedgwick Road, Sedgwick - Use and Development of a Store (Machinery) and
Use Land for Agriculture (Cropping)
1 Arlington Court, Maiden Gully - Subdivide Land into 2 Lots
Intensive Animal Industries Advisory Committee Discussion Paper - Submission by
the City of Greater Bendigo
Greater Bendigo Residential Strategy and Adopting of Greater Bendigo Planning
Scheme Amendment C215
Greater Bendigo Municipal Early Years Plan (2015-2018)
Proposed Changes in the Outdoor Dining system
Proposed Kerbside Organics Service for Urban Residents of Bendigo and Marong
Potential Disposal of Lot 1 Raglan Place West, Axedale
Council Plan 2015-2016: Second Quarter Report, December 2015
Record of Assemblies
Contracts Awarded Under Delegation
Election Period Policy
Finance Report as at 31 December 2015 and Mid-Year Budget Review 2015-2016
Proposed Citizens' Jury as the First Step to the Council Plan for the New Council
Notice of Motion: Hopley Recycling
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 2 March 2016,
as circulated, be taken as read and confirmed.
PAGE 8
1.
PETITIONS AND JOINT LETTERS
1.1
PETITION: NEVINSON AND MCKINNONS ROAD, LOCKWOOD
[Petitions and joint letters with ten (10) or more signatures are included in the agenda or
tabled at the meeting, unless there is a separate legal process for considering the
petition or joint letter, as there is for planning submissions or submissions following
public notices (Section 223 LGA)].
A petition has been received from concerned residents in the area of Nevinson and
McKinnons Roads, Lockwood, as outlined below:
"NEVINSON ROAD AND MCKINNONS ROAD LOCKWOOD is mainly still gravel.

We are asking that something be done in the very near future with the SEVERE
DUST PROBLEMS.
These two roads are a school bus route and are becoming a very big problem for
those who use and live in the area. The dust is so thick at times it becomes a
hazard as you cannot see other traffic, Solar panels do not function properly, when
smothered with dust.
Houses cannot leave windows open when there are South, East to south west
winds blowing.
Windscreens are being chipped and cracked by flying stones from passing cars.
Trucks still use this road ignoring the signs at either end. Water trucks that travel
very regularly to collect water from the McKinnons Rd facility for council road works,
these roads also a mail run daily.
We feel the council regard these roads as somewhat important as evident by the
grading of these roads several times a year.
PLEASE we the undersigned are requesting that something done in the near
future".
Names
38
PAGE 9
RECOMMENDATION
That the petition be received and a response be prepared within two (2) meetings.
PAGE 10
Planning for Growth - Reports
2.
PLANNING FOR GROWTH
2.1
PLANNING SCHEME AMENDMENT C213 - EAGLEHAWK

STRUCTURE PLAN CONSIDER SUBMISSIONS AND ADOPTION
Document Information
Author
Morgan James, Planner Amendments
Responsible
Director
Prue Mansfield, Director Planning & Development
Summary/Purpose
Amendment details:
The Amendment implements the Eaglehawk Structure Plan,

2013 through various rezonings, including Crown land, and
introducing new overlays to guide residential and
commercial development.
Proponent:
City of Greater Bendigo - Planning & Development
No. of submissions:
11 supporting or requesting minor changes ( including 2 late

submissions)
Key issues:
Recommendation:
Council adopt the recommendations detailed for each of the

submissions in this report and request the Minister for
Planning to approve the Amendment.
Heritage and vegetation management

Urban design
Impact on site development potential
Landfill risk and buffers
Future transport network
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.
PAGE 11
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
Submissions support
amendment or dont request any
changes
Council decides to Adopt or

Abandon the Amendment
We are at this
point
Send to Minister for Approval

and Gazettal
The Eaglehawk Structure Plan was adopted by Council in August 2012 after 15 months
of development and consultation with the community and provides a coordinated
planning framework to inform Councils decision making and investment in support of a
long-term vision for Eaglehawk.
The Structure Plan was re-adopted by Council in July 2013 after advice was received
from the then Department of Environment and Primary Industries and Heritage Victoria
about the future planning directions for the former Unity Mining Site. Instead of the whole
site area being designated for industrial use, the plan was amended to show an area
containing many mineshafts, historical mining relics and ridgeline cutting to be set aside
for bushland reserve.
The recommended policy, zoning and overlay changes from the Structure Plan were
then examined by Officers in 2014 for implementation into the Planning Scheme. Further
referrals and advice were received from various government departments, including
some minor Crown land zoning conversions. Appropriate planning controls and changes
were then developed to accompany the request to the Minister for Planning for
Authorisation.
PAGE 12
The City had also received a request from All Stone Quarries to tidy-up the zoning of its
site including rezoning some land to industrial 3 Zone to provide a land use buffer.
DELWP also requested that some parcels in the area be rezoned before being offered
for disposal. This proposal was considered in light of the Structure Plan and deemed
consistent with its objectives of recognising the importance of the landfill and the
industrial uses in the area and protecting them from encroachment by residential land
uses. These changes were also included in the request for Authorisation.
Authorisation to Exhibit the Amendment was then received from the Minister in
September 2015.
Previous Council Decisions
31 July 2013 Council resolved to re-adopt the Eaglehawk Structure Plan and request
the Minister for Planning to authorise Council to prepare a Planning Scheme Amendment
to implement planning policy, zone and overlay changes in accordance with the
recommendations of the report.
Report
An Explanatory Report is attached and details the purpose, effect of the Amendment and
provides the strategic justification for the Amendment as required.
Land affected by the Amendment
The Amendment applies to various land parcels within Eaglehawk.
What the Amendment does
The Amendment proposes to:
Rezone various Crown land reserves (mostly from Public Use Zone 7 Other
Public Use) to Public Conservation and Resource Zone to allow land use and
management in accordance with their purpose; and
Rezone part of the land at 117, 119, 121 and 123 Pyramid-Bendigo Road,
Eaglehawk from Public Use Zone-Other Public Use to General Residential Zone to
appropriately recognise their private ownership.
As shown on the map below:
PAGE 13
PAGE 14
Rezone 1-3 High Street, Eaglehawk from Commercial 1 Zone to Public Park and
Recreation Zone to recognise its use as part of Canterbury Park.
Rezone land at 4-8 Market Street; 1, 2, 3, 4, 4A, 5 & 6 Panton Street; 51, 52, 52A,
53, 54, 55, 56, 57 & 59 Napier Street; 94, 96 and 98 Victoria Street, Eaglehawk and
part of the road reserves of Market Street, Panton Street and Napier Street from
Commercial 1 Zone to General Residential Zone in accordance with the Structure
Plan.
PAGE 15
Rezone the following various parcels to appropriately recognise their ownership and/or
land use:
Part of land at 4 Vinton Street and Part of 5 Murdock Street, California Gully from
Public Use Zone-Other Public Use to General Residential Zone.
Crown land at Batten Street, Butler Street, 41 Turner Street, 187 Upper California
Gully Road, California Gully and road reserves to part Industrial 1 Zone and part
Industrial 3 Zone to facilitate the expansion of ASQ.
Various Crown land parcels in Robbins Street and Pearson Street, Eaglehawk from
General Residential Zone to Industrial 3 Zone.
PAGE 16
Apply Schedule 6 to Clause 43.02 Design and Development Overlay to forest

interface properties as shown on the map below to manage the boundary between
residential development and the forest:
PAGE 17
Insert a new Schedule 23 to Clause 43.02 Design and Development Overlay

(DDO23) and apply to the Eaglehawk Activity Centre as shown on the map below to
guide new development in the town centre:
PAGE 18
Insert a new Schedule 24 to Clause 43.02 Design and Development Overlay

(DDO24) and apply to the Eaglehawk Residential Areas as shown on the map
below to guide new residential development to ensure appropriate servicing and
vegetation management:
PAGE 19
Apply an Environmental Audit Overlay to former Murchison mining site bounded by

Sailors Gully Road, Lester Street, Peg Leg Road and Brewery Road; Robbins Street
Crown Land properties, and Eaglehawk landfill to ensure that potentially
contaminated land is appropriately considered as shown in the maps below:
PAGE 20
PAGE 21
Amend Clauses 21.07, 21.08, 21.09 and 22.05 of the Municipal Strategic Statement
and Local Planning Policies to reflect the strategic directions and objectives of the
Eaglehawk Structure Plan.
Amend Clause 21.10 of the Municipal Strategic Statement to include the Eaglehawk
Structure Plan 2013 as a reference document.
Consultation/Communication
Exhibition Procedures
The Amendment was exhibited for one month from 29 October 2015 to 30 November
2015.
Notice was provided in the following manner:
Individual notices to owners and occupiers of land affected by the Amendment.
PAGE 22
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 27 October 2015 and
31 October 2015.
Publication of the notice of the Amendment in the Government Gazette on 29
October 2015.
Access on-line.
Media release.
Information session in Eaglehawk outside IGA.
Submissions
Eleven submissions were received (including 2 late submissions) with 5 from agencies, 2
from companies, 1 from a heritage consultant and 3 from private land owners. All
submissions support the amendment or requested minor changes. The submissions are
discussed further in the tables below:
Submitter 1: North Central Catchment Management Authority
Supports/Objects
Officer Response & Recommendation
Supports.
No change to the amendment.
Submitter 2: G & T Tangey

Supports/Objects
Supports.
Change the amendment as below.
Requests a change in the car park width

in the proposed Eaglehawk Activity
Centre Design and Development Overlay
(DDO23) to 18 metres as they believe
the specified 20 metres would constrict
their future rear development potential.
Officers entered into discussions with the

submitter who subsequently advised they
now wished for the width specified in the
DDO23 to be 15 metres to allow
appropriate development of his land.
Officers reviewed the request and
discussed the matter with relevant City
Departments including Engineering, and
concluded that 15 metres would be
sufficient to enable one row of car
parking, access and footpath in the
subject area. The submitter advised
Officers he was satisfied with this
change.
Submitter 3: Bartlett Associates Pty Ltd on behalf of All Stone Quarries

Supports/Objects
Supports.
PAGE 23
Submitter 3: Bartlett Associates Pty Ltd on behalf of All Stone Quarries

Supports/Objects
Are pleased that Council is taking the Agree, the amendment will result in a
opportunity to consolidate the existing more orderly zoning pattern in the area.
historically inconsistent pattern of land
zoning in the vicinity of the Eaglehawk
Landfill Site.
ASQ have plans to consolidate and Agree, the City is supportive of ASQs
centralise their administration operation ongoing operation at the site.
to the Eaglehawk site. ASQ are pleased
to support a planning proposal that
provides a higher level of investment
security for residents, the school and
their own operation.
There is a natural synergy between the Agree, the ASQ operation is an ideal land
adjacent Council operated landfill site use to provide a buffer to the adjacent
and the ASQ recycling operation. ASQ landfill.
believes that this presents a net benefit
to the community.
They are conscious of the tendency for Agree, the use of the Industrial 3 Zone
inappropriate land uses to encroach upon will protect the existing operation from
industrial operations such as ASQ; encroachment by incompatible land uses.
therefore the company sees the
proposed amendment as an essential
part of buffering its operation from
incompatible uses and community angst.
Submitter 4: N Williams
Supports/Objects
Supports.
Supports the intention to preserve our The intention of the Design and
forested areas.
Development Overlay Schedule 6
Urban Forest Interface is:
- To ensure residential development
protects
and
maintains
the
environmental values of adjoining
forested areas surrounding Bendigo.
- To protect ecological values of
forested areas, by ensuring that
adjacent development does not
compromise these values and meets
the requirements outlined below.
Is concerned that the overlay does not The Overlay has been applied uniformly
include his neighbours property, which where applicable at a defined distance of
PAGE 24
Submitter 4: N Williams
Supports/Objects
contains 4 mature Ironbark trees in the 70 metres from the forest interface. 70
backyard and 2 immature in the front.
metres has previously been used in the
Planning Scheme as a means to achieve
the above objectives and comes from the
30 metre buffer required in Clause 22.01
Development at the Urban Forest
interface Policy plus the depth of a
standard residential block which is
considered to be 40 metres.
States he will not be permitted to erect
any building within a certain distance
from his trees (not that he intends to) but
the neighbouring property can.
The proposed control generally only

triggers the need for a permit for
subdivision, putting up a building within
33m of the forest edge, or putting up a
new fence adjacent to the forest etc.
Officers held a number of discussions
with the submitter explaining the above
and he advised that he accepts the
above and does not object to the
amendment.
Submitter 5: L Rutledge
Supports/Objects
Requested changes.
Change the amendment as discussed

below.
A new Overlay is proposed for her

property but it is not included in the
Structure Plans recommended changes
(page 40).
Although the subject property is not

highlighted on the Structure Plan map on
page 40, it is directly adjacent to the
specified
area
and
the
written
recommendation in the Plan includes all
land to the west of the township. The
purpose of the Overlay is to more
accurately reflect the existing conditions
(limited sewer and extensive native
vegetation) and the capacity of the land
to
accommodate
residential
development. As this particular section of
Dunstan Street is not connected to sewer
it was deemed appropriate to be included
in the Design and Development Overlay
to reflect this.
Is concerned that she will now have to A planning permit would generally be
PAGE 25
Submitter 5: L Rutledge
Supports/Objects
get a planning permit for any

development on her property. Notes that
others properties along the block have
been able to develop and she does not
want any impediment to any plans she
may have to do the same.
required under the zone for a subdivision

or second dwelling regardless of this
change. The proposed Overlay does not
prohibit development or subdivision, it
just flags that theres servicing and
vegetation issues in the vicinity which
need to be considered.
Officers entered into discussions with the
submitter to understand their concerns.
Officers subsequently re-evaluated the
proposed Overlay and deemed it was not
necessary for the subject land and
adjacent parcels along the southern
section of Dunstan Street, Sailors Gully
to be included (see map below). This is
because although these lots are not
connected to sewer and may be difficult
to connect, they are not as difficult as the
other affected lots which are also
encumbered by native vegetation and
adjacent Crown Land. It is therefore
considered that the existing zoning of the
land circled in red and waste water policy
within the Planning Scheme is sufficient
to address the servicing issue.
The submitter consequently advised in
writing that they were satisfied with this
change and that their concerns had been
addressed.
PAGE 26
Submitter 6: Hopley Recycling Pty Ltd

Supports/Objects
Supports.
Sought clarification on any planning The Structure Plan indicated that the
changes for the Williams United Mine Williams United site would be split
site.
roughly in half by a north south dividing
line, leaving an IN1Z zoned area on the
western side. This proposed rezoning
was not included as part of this
amendment
as
DELWP
is
still
investigating which part of the site should
be rezoned from Industrial 1 Zone to
Public Conservation and Resource Zone
to protect the mining heritage features
within a bushland reserve.
They seek clarification and comment on The site remains within the Industrial 1
this site for their potential use.
Zone, which is the preferred zone for an
industrial operation such as theirs. If the
submitter wishes to use the Williams
United site for private industrial purposes,
they will need to negotiate with DELWP
and submit a planning permit application.
Critical to the success of that application
will be how the use can meet EPA buffer
requirements.
Submitter 7: EPA
Supports/Objects
Supports.
Notes that land adjacent to the

Eaglehawk Landfill is to be rezoned from
Public Use Zone to Industrial 1 Zone
(near Batten Street) to facilitate
development. It recommends that a
Section 53V Environmental Audit be
prepared to determine the level of risk
from the adjacent landfill. Points out that
some
Councils
are
using
an
Environmental
Significance
Overlay
(ESO) to ensure that potential impacts
from a nearby landfill are considered
prior to development.
Applying an ESO is considered

premature, EPA is aware that the City is
undertaking an audit of the landfill and
surrounds in order to determine the
particular details of any future ESO
buffer. This amendment has included the
following strategies and implementation
actions:
21.09-3 Strategies Ensure the
offsite impacts from the Eaglehawk
Landfill are considered in land use
planning decisions, including gas
migration.
21.09-4 Implementation Policy and
the
exercise
of
discretion
PAGE 27
Submitter 7: EPA
Supports/Objects

Considering
proximity
to
the
Eaglehawk landfill, and the potential
impacts this may have on the
suitability of the land for the proposed
use.
21.09-4 Implementation Further
strategic work Further investigate
the potential for gas migration from
the existing Eaglehawk landfill site
and implement planning controls as
appropriate.
These planning scheme changes are
considered sufficient and any ESO now
would be considered premature.
In follow up discussions EPA has agreed
with Councils approach and does not
ask for changes to the Amendment.
Submitter 8: Department of Environment, Land, Water and Planning

Supports/Objects
Supports.
Change the amendment as requested.
Advised that there were typographical This change is considered minor and
errors in the zone changes requested relatively procedural; the land will still be
during the preliminary stage of the designated for public use.
amendment (with PPRZ stated instead of
PCRZ), and now wish them to be
corrected.
Submitter 9: Department of Economic Development, Jobs, Transport and
Resources
Supports/Objects
Supports.
Note that the Structure Plan identifies the

need for an Eaglehawk Station Master
Plan. This has also been identified in the
Bendigo Metro Rail Recommendations
Report and ITLUS. The Department will
continue to work with Council to progress
this project. Once finalised, the relevant
The City will continue to work with the

Department on both the Bendigo Metro
Rail Recommendations Report and
ITLUS implementation.
PAGE 28
Submitter 9: Department of Economic Development, Jobs, Transport and

Resources
Supports/Objects
recommendations from the master plan

should be incorporated into a future
planning scheme amendment.
The Structure Plan also identifies a
number of road network changes. Before
these changes can be progressed,
further
discussion
and
detailed
assessment of the effects of these
changes on the transport network is
required.
The Structure Plan notes that ongoing

discussions will need to be held with
relevant stakeholders as part of the road
network implementation.
Submitter 10: G Hill & E Dolling (late submission)

Supports/Objects
Supports.
A high priority should be to review the This is a city wide issue and has been
Heritage Study within the affected flagged in the recent Heritage Efficiency
Structure Plan area to bring it up to date. Planning Scheme Amendment (C201)
where the need for review of the
Eaglehawk and Bendigo Heritage Study
was included in the Planning Scheme.
Section 2.3 Page 11 Last paragraph
the Burra Charter should be referenced
in this section to justify the statements
made within it.
Disagree, this section is a high level

strategic setting chapter and such
reference would not be appropriate in this
context. The principles are espoused
which is considered sufficient.
Section 3.7 Page 26 - The document

recognises the need for increased
density close to the town centre but also
talks of provision for the development of
more conventional sites. The document
could include the desirability of retaining
some existing 19th century stock on
larger blocks as well, such as miners
cottages.
Both the proposed Eaglehawk Activity

Centre Design and Development Overlay
and the Heritage Overlay call for the
retention
of
heritage
significant
properties.
Page 30 Element 3 last paragraph - The See first response.

document speaks of progressive retail
growth opposite the IGA car park. The
Heritage Study for this area is grossly out
of date and does not reflect the true
significance of a number of individual
sites within the overlay. One of the oldest
PAGE 29
Submitter 10: G Hill & E Dolling (late submission)

Supports/Objects
significant buildings in Eaglehawk is

directly opposite the IGA car park and is
under threat. It is suggested that wording
within this section reflect the true cultural
heritage significance of the area and
encourage a review of the Heritage Study
within the Structure Plan area.
Section 5.2 21.04 - In altering the This Clause has now been reviewed and
wording of this policy, the fundamental re-written
through the
Residential
thrust of the original statement should be Strategy Amendment C215.
retained, possibly by retention of the term
character.
Officers met with the submitters and
discussed the above issues and
responses. The submitters have since
responded in writing that they are
satisfied with the amendment and do not
request any changes.
Submitter 11: Goulburn Murray Water (late submission)
Supports/Objects
Supports.
Conclusion
It is recommended that Council accept the late submissions, adopt the recommendations
detailed for each of the submissions in this report and adopt the Amendment with
changes.
Options
Section 22(2) of the Planning and Environment Act 1987 advises that Council has the
option of accepting late submissions, but must do so if requested by the Minister for
Planning.
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.
PAGE 30
Resource Implications
The amendment will have an overall positive impact on the responsible authority by
providing guidance for future development, and reflecting current or future uses for an
improved planning outcome across the township.
The amendment may result in a minor increase in planning permit applications for
residential areas in the Design and Development Overlay; however the area to be
affected by proposed Design and Development Overlay for the Eaglehawk Activity
Centre already requires a permit under the current zone or overlays.
The City is responsible for payment of statutory fees and costs incurred in the processing
of the Amendment. Officer time will be required to prepare the Amendment
documentation for adoption and liaise with the Minister for Planning.
Attachments
Copy of submissions (11)
Explanatory report
RECOMMENDATION
The Eaglehawk Structure Plan implements Councils vision of working together to make
Bendigo Australias most liveable regional City by implementing strategies which will:
- Attract new retail and businesses to Eaglehawk
- Increase employment opportunities
- Improve connectivity of spaces
- Protect heritage and character features
Greater Bendigo City Council resolve to:
1. Accept the two late submissions;
2. Adopt Greater Bendigo Planning Scheme Amendment C213 with the changes
recommended in this report; and
3. Forward the adopted Amendment to the Minister for Planning for approval.
PAGE 31
2.2
68 LILY STREET, BENDIGO - DEMOLISH EXISTING DWELLING AND

CONSTRUCT TWO NEW DWELLINGS
Author
Simon Francis, Planner
Responsible
Director
Prue Mansfield, Director Planning & Development
Summary/Purpose
Application details:
Demolish existing dwelling and construct two new dwellings
Application No:
DR/734/2015
Applicant:
B J Green
Land:
68 Lily Street, BENDIGO 3550
Zoning:
General Residential Zone
Overlays:
Neighbourhood Character Overlay 1
No. of objections:
Consultation
meeting:
No consultation meeting was held. Applicant requested a

decision be made on the application without a consultation
meeting.
Key considerations:
The contribution the existing dwelling makes to the

character of Lily Street which is within a Neighbourhood
Character Overlay.
The extent to which the design, materials and finishes and
location of the proposed development respects the
existing and preferred character.
Conclusion:
Planning Scheme policy and the General Residential Zone

supports construction of two new dwellings, however, allowing
the demolition of a dwelling that contributes to the existing
character of Lily Street to facilitate the construction of two, two
storey dwellings that will dominate the streetscape is contrary
to the neighbourhood character policies and overlay. This is
an on balance decision and for these reasons it is
recommended that a permit be refused.
PAGE 32
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.
The land owner has made two general enquires prior to submitting this application about
the demolition of the dwelling to the Citys Heritage Advisor (2013 and 2015). The
second enquiry in 2015 for demolition was reported to the Heritage Advisory Committee
and on both occasions demolition of the dwelling was opposed.
It is important to note that the site is not located within a Heritage Overlay; however,
standard practice has been to seek a response from the HAC in relation to demolition
and where appropriate apply for an interim heritage overlay. No Heritage Overlay is
proposed.
Subject Site and Surrounds
The subject site comprises two land parcels known as lot 1 on TP 689171 and lot 1 on
TP689144. The lots are both approximately 457 square metres each and comprise a
total area of 914 square metres. Each lot has a frontage of 10.6 metres to Lily Street and
approximately side boundary length of 45.5 metres. The site is reasonably flat with a fall
of around 1 metre from west to east.
Constructed across both lots is a dwelling which City records indicate was constructed
around 1910 and is a reasonably intact Edwardian dwelling along with associated
outbuildings. A crossover is located in the southern corner of the Lily Street frontage and
there are several established trees located both in the front and rear yards. Fencing on
site includes a brick pillar with infill metal front fencing and side and rear fencing include
sheet metal and timber picket.
The dwelling has undergone some alterations and additions including a rear skillion
extension, carport and outbuildings. The dwelling has also had the timber cladding
covered by a vinyl weather boards, external aluminium shutters added to the outside of
windows and aluminium roof tiles over the top of the existing corrugated iron.
It is important to understand that the subject site forms a pocket of five dwellings located
on the eastern side of Lily Street which have a distinct character and have Schedule 1 of
the Neighbourhood Character overlay applicable to the land. They are, however, located
in an overall streetscape that has varied character.
PAGE 33
The five existing dwellings on the eastern side of Lily Street (between 62-72 indicated
within the green line on figure 2) were constructed around 1900 to 1930 (see figures 37) and located within the Neighbourhood Character Overlay Other than number 72, the
dwellings constructed of timber or vinyl timber cladding (other than a wall on boundary),
contain similar pitched roofs constructed of sheet metal and front verandahs. Car parking
on these lots takes the form of a free standing carport, hard stand car spaces or a
garage to the rear of an existing dwelling. Dwellings are located off at least one side
boundary with similar setbacks to the street and all single storey.
Almost every other dwelling and building between High and Mackenzie Streets as
indicated within the red line of figure 2 is constructed after 1969. This section of Lily
Street as a whole contains dwellings which are predominantly single storey, constructed
of either brick or weatherboard with traditional and low pitch roof forms that are
constructed of corrugated iron or tile. There are a variety of side and street setbacks and
the street as a whole has a diverse mix of building styles.
Lily Street is situated within the Bendigo Urban Growth Boundary and within an
established urban area of Bendigo. It is within 1.2km of the CBD and is serviced by a
wide range of infrastructure, local services and facilities including supermarket, public
transport convenience restaurants and medical practices.
Figure 1: Location map showing subject site and objector properties indicated.
PAGE 34
Figure 2: Location map showing subject site subject site (white) within the area of character importance
(green) and other dwellings mostly constructed after 1969 (red).
Figure 3: photo of dwelling on subject site at 68 Lily Street
PAGE 35
Figure 4: photo of 62 Lily Street
PAGE 36
PAGE 37
Proposal
The proposal includes the following:
Demolition of the existing dwelling and outbuildings;
Construction of two, two storey dwellings.
Construction of two storey dwelling on each lot
The two dwellings are almost mirror image of each other, except for a slight
reconfiguration to the layout of the first floor. The dwellings will share a simultaneously
constructed wall on boundary.
Each dwelling will contain four bedrooms, study, bathroom and ensuite on first floor and
double garage, laundry, toilet, kitchen/meals/living area, storage and alfresco dining
area.
Both dwellings will have a front boundary setback of 6.6 metres from Lily Street with the
upper floors set back 10.6 and 10.5 metres. The side boundary setbacks will be 1.2
metres at ground level and 3.2 metres at the first floor.
A single vehicle width cross over is proposed for each dwelling.
Materials and finishes
The dwellings will be constructed of a combination of dark grey and white render,
vertically clad timber panelling, dark grey aluminium framed windows, gutters and sheet
metal roofing materials.
Ground floor
Vertical spotted gum timber boards are used on the ground floor and combined with
render finished in white for the entrance and dark grey aluminium framed windows.
First floor
Rendered front face in contrasting colours of white (white haven) and dark grey
(monument) with dark grey (monument) aluminium framed windows, roofing and
guttering materials.
The side and rear walls of both levels will be rendered in white and contain dark grey
aluminium frames.
PAGE 38
Figure 8: Proposed site plan
Figure: 9 Lily streetscape elevations.
PAGE 39
Figure 10: Impression of how the building will be viewed in context to adjoining dwellings.
Planning Controls - Greater Bendigo Planning Scheme

The site is zoned General Residential and is covered by Schedule 1 of the
Neighbourhood Character Overlay Bendigo Early Settlement Residential Character.
The permit triggers relevant to this application are:
Demolish a building under the Neighbourhood Character Overlay;
Construct a building under the Neighbourhood Character Overlay.
It is noted that no permit is required for the proposed development under the zone
provisions because each dwelling will be constructed on existing separate lots that are
greater than 300m2 in area.
The following clauses are also relevant in the consideration of this proposal:
State Planning Policy Framework
11.05 Regional Planning

15.01-5 Cultural Identity and Neighbourhood Character
15.02 Sustainable environment
Municipal Strategic Statement
21.02-2 Neighbourhood Character
Local Planning Policies
22.11 Central Bendigo Residential Character Policy Precinct 2
PAGE 40
Overlay
43.05 Neighbourhood Character Overlay
Other Provisions
32.08 General Residential Zone

54 One dwelling on a lot
65 Decision Guidelines
Referrals
The following authority and internal department have been consulted on the proposal:
Referral
Comment
North Central CMA
No objection
Drainage Engineer
No objection subject to general drainage conditions
Public Notification
The application was advertised by displaying a notice board on the site and by posting
letters to adjoining and nearby owners and occupiers. A statutory declaration was
provided as evidence that the notice was given in accordance with the requirements of
the Act.
As a result of advertising, 2 objections were received, with the grounds of objection
being:
Overlooking;
Design does not complement the existing character and is detrimental to the
neighbourhood character overlay;
Materials and finishes proposed do not respect the adjoining dwellings.
Objector's concerns were partially addressed by the applicant who amended the plans to
revise the location of a bedroom window on the first floor. The objections were not
withdrawn and the applicant requested the permit application be decided by the City.
The grounds of objection are discussed below.
Planning Assessment
Demolition of the existing dwelling within the Neighbourhood Character Overlay (NCO)
PAGE 41
Neighbourhood Character is recognised throughout the Planning Scheme as a key

consideration when assessing an application for development and requires the design to
derive from the existing and preferred character of the area.
In addition, a key purpose of the Neighbourhood Character Overlay is to prevent, where
necessary, the removal of buildings and vegetation before the neighbourhood character
features of the site and the new development have been evaluated and to ensure that
development respect the neighbourhood character.
Schedule 1 of the NCO applicable to the site goes further to state that the objectives
specific to this overlay are:
Encourage the retention of existing pre-World War 1 dwellings (such as the one
proposed for demolition);
To ensure new buildings and works reflect the preferred character of the surrounding
area; and
To ensure that new buildings and works meet the objectives and design guidelines
contained in the relevant Precinct Brochure of the City of Greater Bendigo Residential
Character Study 2001.
The proposal fails to meet any of the objectives of schedule 1 to the NCO for the
following reasons:
The pre World War 1 dwelling is proposed for demolition;
The design fails to meet key objectives and design guidelines of the Central Bendigo
Residential Character Policy Precinct 2 as discussed below.
Assessing the demolition and proposed design against the desired character of the
Central Bendigo Residential Character Policy Precinct 2
As highlighted, the buildings between High and Mackenzie Streets are of two different
periods. The existing dwellings located at 62-72 Lily Street including the application site
are constructed around 1900 to 1930.
The dwelling proposed for demolition, although it has been altered over time, clearly
contributes to the existing neighbourhood character between 62-72 Lily Street.
The site is located within the Central Bendigo Precinct 2 (CB2), which is described under
Clause 22.11 as:
"The precinct forms part of the inner ring of suburbs that exemplify the distinctive
character of early Bendigo. Most of the housing is from the Victorian, Edwardian and
Inter-war periods. In parts of the precinct, dwellings are frequently weatherboard with
picket fences creating a modest cottage' character. Elsewhere, brick and render are
more common, particularly in the areas with larger houses and mansions. Setbacks
vary according to the size of lot and housing, but are often consistent with a particular
streetscape. Much of the area has heritage significance."
The statement of desired future character seeks to ensure that The heritage qualities
and the distinctive characteristics of each streetscape will be maintained and
strengthened.
PAGE 42
The desired future character is to be achieved by the following objectives and design
responses:
Objectives
Response
To retain buildings that contribute to the Retain and restore wherever possible,
valued character of the area.
intact Victorian, Edwardian, Federation
and Interwar era dwellings.
Alterations and extensions should be
appropriate to the building era.
Comment: The existing building was constructed around 1910 and contributes to the
character of the area. The objective is to retain buildings that contribute to the valued
character. The dwelling is capable of retention and restoration so it can continue to
contribute to the streetscape character of the area. As this building does contribute to
the character of the area the proposed demolition of the dwelling does not meet the
objective.
To minimise site disturbance and impact Buildings should be designed to follow
of the building on the landscape.
the contours of the site or step down the
site.
Comment: The development is proposed to be where the site is generally flat with a
minor amount of cut and fill proposed. This is acceptable and the proposal meets the
objective and design response.
To maintain the consistency, where The front setback should be not less than
present, of building front setbacks.
the average setback of the adjoining two
dwellings.
Comment: The existing dwelling is located approximately 6.1 metres from the front
boundary and the proposed dwellings will be located 6.6 metres from the front
property boundary. The proposed setback meets the objective and preferred design
response and is not less than the average of the two adjoining dwellings.
To maintain the rhythm of dwelling Buildings should be setback from at least
spacing.
one side boundary.
Comment: The proposed dwellings will both be setback from one side boundary by a
minimum 1.2 metres which meets the objective and desired design response.
To ensure that buildings and extensions Respect the predominant building height
do not dominate the streetscape.
in the street and nearby properties.
Where there is a predominance of single
storey, the height of the dwelling at the
front of the dwelling should match the
typical single storey wall height.
Comment: The proposed dwellings will dominate the streetscape. The dwellings will
be two storeys and although the front of the dwelling does match the typical height of
a single storey wall as preferred by this policy, the combination of:
The two storey height of first floor and height and length of the side walls,
The box like design of the front faade and articulation is not identifiable within
the street; and
The roof design is not in keeping with the character of the adjoining dwellings;
PAGE 43
Objectives
Response
will result in the dwelling dominating the streetscape. This objective is not met.
To use building materials and finishes In streetscapes where weatherboard
which complement the dominant pattern predominates, use timber or other nonwithin the streetscape.
masonry cladding materials where
possible, and render, bag or paint brick
surfaces.
Comment: Although there are examples of render and aluminium windows used on
dwellings between High and Mackenzie Streets, the extent and use of white and dark
grey render and dark grey aluminium windows is not evident in the street or on the
dwellings existing on 62-72 Lily Street. The use of vertical timber cladding is not
identifiable within the broader street context or on dwellings located on 62-72 Lily
Street.
The material and finishes proposed do not complement the dominant pattern within
the streetscape and do not comply with the objective.
To ensure front fences are appropriate to Provide open style front fencing.
the era of the dwellings and maintain the Front fences should not exceed 1.2
openness of the streetscape.
metres other than in exceptional cases.
Comment: No front fencing is proposed therefore the proposal complies.
To encourage the consideration of the Prepare a landscape plan to accompany
landscape setting of the dwelling.
all applications for new dwellings.
Retain large, established trees and
provide for the planting of new trees
wherever possible.
Comment: The applicant has provided a landscape plan that indicates only small
scale grasses and shrubs to be planted within the front yard. No trees are proposed
to be planted, however, the trees to the rear of the site are not proposed for removal.
There is the opportunity to plant new trees within the front yards.
To minimise the dominance of car Locate garages and carports behind the
storage facilities.
line of the dwelling.
Use rear access where available.
Comment: Although the scale of the building results in the garages being in
proportion with the overall building they will dominant the streetscape and make up 6
of each 8.9 metre ground floor frontage of each dwelling. The garages are located
900mm behind the front entrance porch to each dwelling, however, they will be the
dominant feature of each ground floor.
To respect the identified heritage Where the streetscape contains identified
qualities of the streetscape or adjoining heritage buildings, reflect the dominant
buildings.
building forms in the street, including roof
forms, in the new building design.
Comment: The Heritage Overlay is applicable to the remainder of the dwellings
presenting to Lily Street between High and Mackenzie Street. That said the
Eaglehawk & Bendigo Heritage Study identifies the dwelling to be demolished as a
PAGE 44
Objectives
Response
contributory/representative building that has been altered in a streetscape of mix

periods (level 3). Similarly the dwellings at 64, 70 and 72 Lily Street are identified as
contributory/representative by the heritage study in a level 3 streetscape. Although
not technically forming part of the Heritage Overlay, it is clear the dwellings are
considered important by the Heritage Study and important to the existing character of
this section of Lily Street.
As discussed previously it is important to understand that the subject site forms a pocket
of five dwellings located on the eastern side of Lily Street which have a distinct character
and have Schedule 1 of the Neighbourhood Character Overlay applicable to the land.
The existing dwellings located on the eastern side of Lily Street at 62-72 which includes
the application site are constructed around 1900 to 1930
The proposal is found to be inconsistent with key aspects of the Central Bendigo
Residential Character Policy Precinct 2. Whilst many design objectives of Clause 22.11
have been satisfied, the proposed demolition of an Edwardian dwelling, the bulk, and
articulation of the front facade, extent and location of proposed garages, along with
materials and finishes proposed are contrary with the existing and preferred
neighbourhood character.
Infill development
Overall the proposal is considered to be consistent with the relevant State and Local
Planning Policy Framework objectives and the purposes and decision guidelines of the
General Residential Zone and policy direction for infill developments.
It is also important to ensure all polices relevant to the issues are considered and
balance conflicting objectives in favour of net community benefit and sustainable
development for the benefit of present and future generations as required by the
planning scheme.
It is without question the City requires more infill developments to meet the needs of a
growing city. The issue with this proposal is that it does not propose to retain the existing
dwelling that contributes to the character of Lily Street nor does it meet the local
residential Character policy or objectives of the neighbourhood Character Overlay as
previously discussed.
Compliance with Rescode and objector concerns
Clause 54 sets out the relevant standards and objectives to assess internal and external
amenity provision/protection, neighbourhood character/design detail and building siting
considerations (i.e. site coverage, overshadowing, wall heights, boundary setbacks, etc.).
Compliance with the objectives of Clause 54 (ResCode) is a mandatory requirement for
developments of two or more dwellings on General Residential Zone land.
PAGE 45
An objector raised concerns relating to overlooking. The proposed development has

been assessed as being compliant with all Clause 54 standards and objectives with
regard to building siting and internal and external amenity considerations, however, the
proposal fails to meet the following objectives;
Compliance with Clause 54.02-1 Neighbourhood character objective and Clause
54.06-1 Design detail objective has not been achieved, as discussed previously
Due to this non-compliance, ResCode is not met, and no permit should be issued.
It is important to note that if a permit was to issue that a condition should state that if a lot
is sold prior to the completion of the approved dwellings, a S173 agreement is to be
entered into stating that dwellings must be constructed as per the endorsed plans.
Conclusion
The applicant has argued that the proposed application is a well-considered integrated
planning proposal that should be granted approval. The applicant argues that by allowing
the demolition of the existing dwelling, it allows the construction of two dwellings and
meets other policy directions around facilitating infill development within the urban growth
boundary that takes advantage of existing infrastructure and is in close proximity to
services and commercial areas.
Initially this was a view considered by the author however, it is not until the proposal is
appropriately considered in the context of what the existing dwelling contributes to the
character between 62-72 Lily Street and the impact the demolition will have combined
with the design, material and finishes proposed, that it is concluded that approval would
not result in an acceptable outcome that is an integrated planning decision.
This is an on balance decision that recommends the proposed demolition and
replacement dwellings are not an appropriate outcome and should not be supported.
If redevelopment is to be proposed then a design outcome that retains the existing
dwelling and constructs a dwelling to the rear of the site would be more appropriate when
considering character.
Attachments
Objections
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.
PAGE 46
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to Refuse to Grant a Permit at 68 Lily Street, Bendigo 3550 for the
following reason:
1. The proposal would result in the loss of a building that contributes to the character of
the area and allow a building that does not appropriately respect the existing
character of the dwellings located at 62- 72 Lily Street. The proposal is contrary to
clauses 15.01-5, 21.06-1, 22.11, 43.05, 54.01 and 54.06 of the Greater Bendigo
Planning Scheme.
PAGE 47
2.3
SUBMISSION TO THE MANAGING RESIDENTIAL DEVELOPMENT

ADVISORY COMMITTEE
Author
Andrew Cockerall, Coordinator Strategic Planning
Responsible
Director
Prue Mansfield, Director Planning and Development
Summary/Purpose
To seek Council endorsement to a draft submission made to the Managing Residential
Development Advisory Committee established by the Minister for Planning.
Policy Context
Council Plan Reference:
Leadership and Good Governance Strategy 1.3
Contribute to policy and strategy development being led by Government and other
agencies.
The Minister for Planning has established an Advisory Committee to report on the
application of the zones that provide for residential development with a key focus on
managing growth, proximity to transport and jobs, housing affordability and diversity of
housing.
The Advisory Committee is not just considering the residential zones, but any zone that
provides for residential development in an urban setting, such as the Commercial 1
Zone.
The purpose of the Committee is to:
Consider the process by which the new residential zones were implemented
Review the current application of the zones that allow for residential development in
the context of managing Melbourne and Victorias residential growth in a sustainable
manner and improving housing diversity
Advise on the level of evidence and justification needed when preparing relevant
planning scheme amendments.
Recommend improvements to the residential zones
Provide councils, the community and the industry with an opportunity to be heard
The Advisory Committee will not consider requests to rezone specific sites.
PAGE 48
Report
Introduction
In 2013 the State Government introduced three reformed residential zones to replace the
Residential 1 Zone. The new zones were developed in recognition of the fact that
Councils have areas where they want to encourage different forms of housing (areas
where a special character needs to be protected or higher density is appropriate) and the
Residential 1 Zone did not adequately respond to this.
Greater Bendigo Planning Scheme Amendment C204 was a Ministerial Amendment that
directly translated the Residential 1 Zone to the General Residential Zone. The other
two zones Residential Growth Zone and Neighbourhood Residential Zone dont exist
within the Municipality but are being considered as part of the upcoming Housing
Strategy.
The first stage of the Advisory Committee process was to prepare a Residential Zones
State of Play Report Overarching Report and a separate series of reports for
metropolitan areas and four regional cities including Greater Bendigo.
It is the State of Play Report for Regional Cities that is the most relevant to local
circumstances. The report for Greater Bendigo outlines the recent history of residential
planning (Greater Bendigo Residential Strategy) and for growth areas (Jackass Flat,
Huntly, etc.) and the various amendments that have occurred. The report also provides
a demographic snapshot, growth projections and the like.
Both
reports
are
available
on
the
DELWP
website
at
http://www.dtpli.vic.gov.au/planning/panels-and-committees/current-panels-andcommittees/managing-residential-development/residential-zones-state-of-play-reports
Discussion
The Terms of Reference for the Advisory Committee are broad in terms of its scope and
goes beyond what the provisions of the three residential zones say.
A draft submission was sent to the Advisory Committee and is attached to this report.
The key issues raised in the submission are:
As a general comment the General Residential Zone is working well in Greater
Bendigo although it is not delivering housing diversity.
There needs to be greater clarity around issues like neighbourhood character and
what the best planning scheme tools are to manage neighbourhood character.
ResCode is need of review as it is now dated and is not delivering the housing that
our community needs. Particular attention should be given to delivering greater
housing diversity, improving design and promoting innovative development.
Consideration should be given to removing the VicSmart applications from the
scheme completely and/or further classes of application could be included within the
VicSmart provisions.
Consideration should also be given to making residential development discretionary
within the Commercial 2 Zone.
PAGE 49
From a strategic planning perspective there are also issues the Committee should
consider:
o While the General Residential Zone promotes a diversity in housing the reality is
that in Bendigo approximately 90% of new housing is the 3+ bedroom family
home and that there is little housing diversity being delivered on the ground.
o There needs to be clear guidance on how the zones interact with other overlay
controls. For example in a heritage area the view put was that the Heritage
Overlay should manage those values and not use the Neighbourhood Residential
Zone.
o Housing affordability is also an issue we consider needs to be addressed as a
matter of urgency. The current suite of tools and provisions do not allow for the
planning system to impact affordability in a meaningful way.
o In respect to the State Planning Policy Framework there is strong policy in regard
to location of housing, diversity and affordability. These are critical issues for the
City going forward but we consider that they are not translated into statutory
controls and are therefore not being delivered on the ground.
A full copy of the draft submission is included within Attachment 1.
Priority/Importance:
This review is important and timely given the recent adoption of Amendment C215 which
implements the Greater Bendigo Residential Strategy and could potentially assist in
delivering greater diversity in housing stock and improving design outcomes.
Options/Alternatives:
Council has the option of endorsing the submission or amending it.
Timelines:
The period to submit comments to the Advisory Committee was 4 weeks which did not
allow time for this matter to be reported to Council before the close of submissions.
Progress:
Risk Analysis:
Not applicable.
Internal Consultation:
Internal consultation was held with the Planning Department.
External Consultation:
The Advisory Committee is seeking comment from the development industry and the
community as part of its deliberations.
PAGE 50
Conclusion
The work of the Advisory Committee and recent strategic work by the City, including the
Greater Bendigo Residential Strategy, Integrated Transport and Land Use Strategy and
Housing Strategy are closely aligned.
An important part of implementing these strategies is to have the right statutory planning
tools in place and the Advisory Committee process provides the City with the opportunity
to have input into this.
Budget Allocation in the Current Financial Year:
The preparation of the submission to the Advisory Committee is covered by existing
budget arrangements.
Attachments
Council submission to the Managing Residential Development Advisory Committee.
RECOMMENDATION
That the Greater Bendigo City Council resolve to endorse the submission to the
Managing Residential Development Advisory Committee.
PAGE 51
2.4
DECLARATION OF SPECIAL CHARGE SCHEME FOR DRAINAGE

WORKS IN GUYS HILL ROAD AND TANNERY LANE,
STRATHFIELDSAYE
Author and
Responsible
Director
Brett Martini, Acting Director, Presentation and Assets
Summary/Purpose
This report recommends that Council declare a Special Charge Scheme to secure
financial contributions towards drainage infrastructure for approved and future residential
developments in the vicinity of Guys Hill Road and Tannery Lane, Strathfieldsaye
Policy Context
City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):
Theme: 2
Planning for Growth
Strategic Objective: 1
Greater Bendigo plans for the needs of our growing

population through the preparation of long-term strategies
and the development of 'major new assets' and supporting
infrastructure.
Theme: 5
Sustainability
Challenges
Opportunities
and Essential infrastructure, footpaths, drainage and well built

and maintained roads are essential for economic as well
as social purposes.
Strategic Objective: 4
Council manages its resources, assets and infrastructure

for the long term.
Strategy: 5.3
Essential infrastructure is constructed, maintained and

renewed to meet the needs of current and future residents.
The Local Government Act 1989 (the Act) enables Councils to declare a special rate or
charge for the purpose of covering expenses where the performance of a function or the
exercise of a power under the Act will be of special benefit to the persons required to pay
the special rate or charge. In effect, the Act offers Council a means to offset construction
costs with contributions from those directly benefiting from the works.
PAGE 52
This approach is similar to the use of a Development Contribution Plan (DCP) whereby
multiple developers contribute to the infrastructure works that deliver a common benefit.
However, in Bendigo the use of DCPs is relatively new and other contribution
mechanisms (such as special charge schemes and voluntary contributions in lieu of
infrastructure via agreements under Section 173 of the Planning and Environment Act
1987) have traditionally been favoured to facilitate orderly infrastructure provision that is
cost effective for all and fair in the attribution of costs to the beneficiaries.
The Guys Hill Road/Tannery Lane development area was rezoned from Low Density
Residential to Residential One in 2011 in Planning Scheme Amendment C137. A DCP
was not prepared for works in the rezoned area and consequently, a Special Charge
Scheme was considered the most appropriate mechanism to use for the purpose of
collecting contributions from the beneficiaries in this instance.
Preliminary meetings were held with property owners in the area on August 24,
September 7, and December 7, 2015. At these meetings, residents raised many
important questions and initial advice was provided in response to each of these. In
developing the scheme, many concerns from existing landowners also surfaced. Regular
discussions with representatives of the residents to work through those concerns were
also held.
In response, the proposal sought to recognise the rights of existing owners to continue to
enjoy living on their property without obligation to contribute to the scheme until such
time as they, or their successors, sought to realise the development potential of their
land created by Bendigos 2011 Planning Scheme Amendment C137. Balancing this,
the proposal also looked to ensure that other general ratepayers did not inadvertently
fund current or possible future private developments. Subsequently, the proposed
Declaration specifies that payment of the Special Charge will be required upon
subdivision of the land.
Previous Council Decision(s) Date(s):
At the Ordinary Meeting on 20 January 2016, Council resolved to give notice of the
intention to declare a Special Charge Scheme in accordance with the proposed
declaration.
Report
In line with previous advice provided to Councillors at the Ordinary Meeting of 20
January 2016, the need to install major drainage infrastructure to accommodate and
enable the orderly and cost effective development of the land in the Tannery Lane/Guys
Hill Road area that was rezoned to Residential One in 2011 was triggered by two recent
development approvals.
These drainage works have since been designed and constructed through competitive
processes and a Special Charge Scheme was proposed to ensure that all current and
future beneficiaries of the works make an appropriate contribution toward their cost.
PAGE 53
A public notice was placed in the Bendigo Advertiser on 23 January 2016 and properties
under the proposed Declaration were notified by mail that submissions on Council's
intention would be received under Section 223 of the Act for a period of 28 days following
the notice.
One submission from a landowner in the Special Charge Scheme area was received in
response to the Public Notice process. This submission however, did not relate to the
proposed declaration of the Special Charge Scheme; it focused on future developmentrelated drainage treatments which are outside the scope of the works covered by the
Special Charge Scheme. City officers continue to discuss these development-related
works with the landowner and their representatives.
As per the Local Government Act 1989, Council has given notice of its intention to
declare a Special Charge Scheme and a formal declaration by Council is now required.
Once declared, property owners have a 28 day period where they may object to the
Scheme through the Victorian Civil and Administrative Tribunal.
Conclusion
On 20 January 2016 Council resolved to notify identified properties, via public notice and
mail, of Council's intention to declare a Special Charge Scheme. The scheme proposal
covered an area of Guys Hill Road and Tannery Lane in order to fund major drainage
infrastructure that would service properties within the designated catchment area.
After receiving no objections to the Scheme throughout the 28 day submission period,
Council may now formally declare the Special Charge Scheme as proposed at its
Ordinary Meeting of 20 January 2016.
Attachments
1. Declaration - Guys Hill Road/Tannery Lane Special Charge Scheme.
2. Plan of area covered by Declaration.
RECOMMENDATION
That Council, having received no submissions to the proposed Special Charge Scheme
to provide major drainage infrastructure to service properties within the designated
catchment area and having considered the requirements of Section 163 of the Local
Government Act 1989:
1. Declare a Special Charge Scheme in accordance with the attached declaration.
2. Notify property owners of the Declaration and of the 28 day period where they may
object to the Scheme through the Victorian Civil and Administrative Tribunal.
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Presentation and Vibrancy - Reports
3.
PRESENTATION AND VIBRANCY
3.1
ULUMBARRA FOUNDATION
Author
David Lloyd, Manager, Capital Venues and Events
Responsible
Director
Pauline Gordon, Interim Director, City Futures
Summary/Purpose
The purpose of this report is to seek Councils endorsement for the formation of the
Ulumbarra Foundation, an incorporated association established with the sole purpose of
raising charitable donations and distributing funds for the furtherance of the Performing
Arts in central Victoria.
Policy Context
Council Plan References:
3.2.1 As custodians, contribute to the conservation, activation, access and
interpretation of important Bendigo art venues.
3.3.3 Actively seek opportunities to encourage and support artistic/creative
endeavours and increase community participation through the delivery of an
annual programme of creative initiatives.
3.4.1 As a significant Arts and Cultural provider, contribute to the ongoing
positioning of Greater Bendigo as a nationally recognised cultural destination.
Existing structures restrict our ability to attract and secure philanthropic donations from
charities throughout Australia. Currently all donations are received into the City of
Greater Bendigos accounts as revenue and are required to be expended against in the
same fiscal year in which they are received. Many avenues for attracting funds cannot be
followed as the entity applying for funds i.e. local Government are not eligible. Many
charities and foundations as well as individuals will not donate to a Government
organisation. Their remit is to donate to registered charities, charitable foundations or
not for profit organisations.
Officers, together with a group of interested community leaders have investigated the
formation of an incorporated association independent of Council with charitable or
Deductible Gift Recipient (DGR) status in order to attract, administer and distribute donor
funds to maximise the opportunity to grow this money and deliver a strong range of
programs to benefit the community.
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To maintain the independence of the proposed Ulumbarra Foundation and with

deference to the necessary model rules to gain charitable status, the Interim Board
recommend not directly appointing a Councillor to the board. The Ulumbarra Foundation
will be responsible solely for identifying and realising funding opportunities and the
decisions around dissemination of those funds to support performing arts in
Bendigo. The Foundation will not have any responsibility or charge over the
management or operation of Council owned or operated venues, nor is it appropriate for
The Foundation to be involved in Council business. Capital Venues and Events staff will
provide an ex-officio function to the board in relation to administrative support and advice
on potential projects.
Beck Legal is providing support and advice pro bono to assist in the drafting of the
proposed Associations model rules and Stratagem has also offered to support pro bono
to establish the financial structure of the entity and take responsibility for reporting to
relevant statutory authorities.
Report
An interim working committee has been established with the current membership of:
Gordon McKern OAM (chair),
Jennifer Digby (deputy chair),
Carolyn Stanford (secretary),
Stan Liacos (treasurer),
The Honourable Howard Nathan, QC
Dale Pearce,
Marg ORourke, and
David Chisholm
Ex-officio members of the committee are:
David Lloyd,
David Stretch, and
Jim Culbertson.
The unincorporated association represented by the aforementioned committee, has
received advice from Beck Legal to develop a Trust Deed for the Foundation and a
proposed set of model rules for the incorporated Association. The incorporated
Association will be the sole Trustee of the Ulumbarra Foundation.
The proposed purpose of the charitable Foundation is as follows:
a) To operate and manage on behalf of its members a philanthropic foundation to
benefit the development and delivery of performing arts at The City of Greater
Bendigos arts venues; notably Ulumbarra Theatre, The Capital, Bendigo Town Hall
and Old Fire Station (hereinafter referred to as venues).
b) To develop and engage audiences, artists and the wider community and inspire and
educate regional students.
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c) To raise funds through payment received for the provision of services, fundraising
appeals, grant requests or by gift, bequest, private or company donations,
membership or subscription or otherwise as the Association shall from time to time
determine and to administer such funds for the purposes of the Association;
i.
Invest or deal with any of the funds of the Association in such a manner as
may from time to time be determined by the committee and from time to time
vary and realise investments,
ii. Establish, acquire, administer and maintain for the purposes of the Association
any real or personal property including lands, buildings, furniture, fittings, and
appliances and to dispose of same in so far as the law may from time to time
allow.
d) To grant monies to individuals or organisations that will support and enhance the
program of performance and multicultural arts and community development activities
at venues by;
i.
Promoting and delivering new and innovative programming and content,
ii. Attracting as wide a range of people as possible to become involved in

programs,
iii. Liaising with other groups and organisations to foster the development of arts
related activity,
iv. Fostering community strengthening activities or
v. Improving facilities at venues.
The Foundation will have its own financial structure and accounts into which all donated
funds, unless identified as otherwise, will be paid. The Foundation Board will then
(assisted with the advice from officers) make resolution as to how the funds will be
expended.
Funds raised will be dispersed under the direction of the Foundation Board with advice
provided by Council Officers at the City Of Greater Bendigo.
Timelines:
Provisions in the Act permit the new incorporated Association to hold its first AGM up to
18 months from the date of incorporation, however it is expected the Board could resolve
to hold its first AGM within five months of the end of the current financial year.
The frequency and number of Board meetings held has not as yet been determined and
will be decided by the Foundation Board resolution.
Progress:
At a committee meeting on February 18 2016, the committee resolved to form an
incorporated Association and approved the adoption of the proposed model rules.
The aforementioned committee members of the unincorporated Association will form the
first Foundation Board of the Ulumbarra Foundation.
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The Foundations Secretary will lodge the application for incorporation with Consumer
Affairs Victoria, with assistance and advice from Stratagem.
Risk Analysis:
There will be minimal or no financial exposure of the city as the funds raised are the
responsibility of the Foundation committee.
Sound governance processes are
established through the model rules and will be monitored by Council officers and astute
recruitment of committee members.
Reputational risk to Council from decisions made by the committee or misuse of funds is
mitigated by good governance and careful recruitment of the committee.
Close inspection and imitation has been made to the Bendigo Art Gallery Foundation
which has shown excellent success in all elements of fund raising and expenditure.
It is estimated the servicing of this committee will take approximately 6 hours of senior
officer time per month. The injection of funds from the fundraising efforts of the
Foundation will positively affect the delivery of programmes and infrastructure for the
City.
Conclusion
The establishment of the Ulumbarra Foundation is a positive development for the
strengthening of the performing arts sector across central Victoria.
Attachments
None
RECOMMENDATION
That Greater Bendigo City Council:
1) endorse the formation of the Ulumbarra Foundation
2) thank the interim working committee for their time and energy in developing this
initiative.
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Productivity - Reports
4.
PRODUCTIVITY
Nil.
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Sustainability - Reports
5.
SUSTAINABILITY
5.1
ENVIRONMENTAL UPGRADE AGREEMENTS
Authors
Christine Murray, Sustainability Officer

Robyn Major, Manager Sustainable Environment
Responsible
Director
Brett Martini, Acting Director Presentation and Assets
Summary/Purpose
To provide information to Council about a financing mechanism called Environmental
Upgrade Agreements (EUAs) and the opportunities the agreements present for
increased economic, employment and environmental outcomes for business located
within Greater Bendigo.
EUAs are a financing agreement between a property owner, a bank and local
government that facilitates building upgrades to existing non-residential buildings, to
improve energy, water or waste efficiency, or increase renewable energy.
The report will also cover:
Benefits to regional businesses.
The roles and responsibilities of councils that offer EUAs.
The process to set-up and administer EUAs.
The delegation required to enable EUAs.
Policy Context
EUAs support Councils strategies and goals to support industries and enterprises to
prosper and develop sustainably by:
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.
Theme: 4
Productivity
Strategy 4.1
Greater Bendigo has a vibrant and diverse economy that
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grows jobs and enables good living standards.

Strategy 4.2
Bendigo is a centre for innovation and creativity that helps

build economic sustainability.
Theme: 5
Sustainability
Strategy 5.4
Enable community members to reduce their environmental

footprint by using resources, materials and assets more
wisely.
Regional Plan Reference:

Loddon Mallee Regional Strategic Plan (2015-2018)
Strategic Direction: 1
Foster our comparative advantages in agriculture, food

processing and other regionally significant industries
Priority Area 1.4
Stimulate local industry to maintain and create

employment.
Priority Area 1.5
Develop, maintain and use workforce skills.
Priority Area 1.6
Increase renewable energy generation and energy

efficiency.
Enhance the wellbeing and economic participation of

our people
Priority Area 3.5
Support initiatives that encourage full employment.
Protect and enhance the liveability and appeal of our

Region
Priority Area 4.5
Adopt smart solutions to the management of waste and

natural resources.
Southern Loddon Mallee Regional Climate Adaptation Plan 2015:

Buildings and Development
Priority Area 4.2
Provide commercial incentives for retrofit of developments

in a matter that reduces climate change risks to new and
existing infrastructure and property.
Many businesses within Greater Bendigo have already undertaken work to improve the
environmental sustainability of their business and in doing so, reduced impacts on the
environment and reduced operating costs.
However, there is still much opportunity in the region to improve the efficiency of
buildings to reduce energy use and to increase the uptake of renewable technologies.
Whilst these actions are often profitable to do in the long term, a range of barriers exist
that stop businesses from taking up these opportunities.
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High cost of capital, lack of 100% financing and the split incentive issue for rental tenants
and property owners, are some of the issues that reduce the take up of these
opportunities.
In addition, as of 1 July 2016, a new electricity tariff change means that some larger
energy users will be paying a lot more for their electricity. To reduce their energy costs
these businesses urgently need to access capital to purchase new equipment, or
implement efficiency upgrades. These businesses face similar issues in terms of
difficulties sourcing affordable finance and lack of 100% financing options.
To try to overcome some of these issues, businesses can apply for grant funding to
reduce the capital cost of projects. However, grants are very competitive and difficult to
win and often only available for a narrow range of improvement options.
For rented/leased properties a split incentive exists whereby any improvements the
landlord makes to the building accrue to the tenant, so from the landlords perspective
there is reduced financial motivation to make the changes. Landlords can enter into
individual contracts with their tenants to share the cost of building upgrades or apply for a
loan on their own. However businesses still face a high cost of capital and may not be
able to get 100% finance. In addition, setting up such an agreement on an individual
basis is complex and as the debt accrues to the business rather than the building, should
the building owner sell or the tenant move on, the benefit of the upgrades is lost to the
building owner.
Environmental Upgrade Agreements (EUAs) are a mechanism that helps overcome
these issues. In October 2015, the Sustainable Melbourne Fund approached the City
with an offer to join the City of Melbourne in their EUA program.
Report
What is an Environmental Upgrade Agreement?
Environmental Upgrade Agreements (EUAs) are a financing mechanism that enables
businesses to better access finance for environmental upgrades to existing nonresidential buildings.
In September 2015 legislation was passed by the State Government that allows all
Victorian councils to offer EUAs to their business community (Local Government
Legislation Amendment Bill - Environmental Upgrade Agreements 2015). Several other
states already have legislation in place and local governments offering EUAs.
Under an EUA, a lender provides finance to a building owner and the local council
collects repayments via the rates. The council then passes the property charge onto the
lender. This process is depicted in Table 1.
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Table 1 - EUA Process

Use of the council rates system means that if there is a loan default, the EUA loan is
prioritised over other debts attached to the land. This gives lenders more security,
allowing them to offer long-term loans at competitive interest rates. However, the council
is not liable for any loan defaults.
Unlike other alternative finance options, EUAs allow tenants to contribute financially to
the project where it makes sense to do so and help shape the project to best suit their
needs, thus overcoming the split incentive barrier. Tenants and building owners of
commercial and industrial property can collaborate on energy, water and waste projects
that will reduce the impact to the environment and reduce operating costs.
Importantly, EUA finance also offers 100% project finance, very competitive interest rates
and long term finance. This helps establish improvement projects that may not otherwise
occur, ultimately benefiting the environment and business operating costs. Further,
upgrading buildings creates local jobs and investment, increases environmental
performance and hence asset value of the commercial building stock.
What sort of projects can EUAs be used for?
Environmental Upgrade Finance can fund any improvements to a building that improve
energy, water or waste efficiency, or increase renewable energy. These include (but are
not limited to):
Solar panels for onsite power generation.
Double glazing to reduce loss of heat or cooled air and to improve air conditioning
performance.
LED lighting to reduce energy use by up to 80%.
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Motion sensors so lights only switch on when areas are being used and switch off
when not in use.
Weather proofing to fix cracks and gaps around windows and doors reducing loss of
heated or cooled air.
Chiller upgrade that can reduce air conditioning energy consumption and improve
performance.
Ventilation improvements to increase natural airflow and improve the indoor

environment.
EUAs can be used for small projects (see Attachment 1 - Case Study 1 - loan $17,409 light and solar upgrade for a warehouse) to large projects (see Attachment 2 - Case
Study 2 - loan $3,200,000 - cooling tower, chiller, digital building control system).
Program Administration
It is recommended that an experienced Third Party Administrator is utilised to ensure the
program runs with minimal staff resources and that processes are managed as efficiently
as possible. The use of a Third Party Administrator is supported in Government
Literature (see ' Environmental Upgrade Finance: Business Model & Business Case from
South Australian Department of Environment, Water & Natural Resources).
Sustainable Melbourne Fund (SMF) are leading EUA administrators and designed and
implemented the EUA program for the City of Melbourne, the first Australian municipality
to offer EUAs. They are also currently working with a number of other councils to
develop EUA programs across Victoria. SMF is part of the City of Melbourne and aims
to help drive financial investment in sustainable solutions for businesses in Victoria. It is
considered that SMF are the most knowledgeable and have the most experience with
EUAs in the industry and are best placed to administer the City's EUA operations.
Sustainable Melbourne Fund would assist the City to develop the EUA offering and the
EUA application and administration process. They would also adapt all the EUA
application documentation and templates, including process flowcharts and check sheets
currently in use within the City of Melbourne to best match internal requirements.
Beyond the set-up, as part of the Third Party Administrator Services, they would process
the applications including help line support and liaise with each of the relevant
departments (highlighted in Table 3) to obtain the information required to enable the
signing of EUAs in an efficient manner and participate in stakeholder engagement
activities (networking events, presentations, information sessions) to promote the
program.
The relationship between the SMF, Council, Property Owners and Financial Institutions
is illustrated below:
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Table 2 - SMF Relationship

Priority/Importance:
Benefits for Businesses Located in the City
Through implementing EUAs, Council will be taking an innovative step to offer a
mechanism that provides opportunities and benefits to Greater Bendigo business
ratepayers to access capital to improve their buildings. Upgrading buildings is a proven
creator of local jobs and investment, increases environmental performance and hence
asset value. For more information on how local businesses will benefit see, Attachment
3 - Benefits and Costs for Local Businesses.
EUA Opportunities in the City
The Sustainable Melbourne Fund has two channel partners (offering energy efficiency
and renewable energy products and services) that are identifying potential opportunities
within the City of Greater Bendigo.
SMF estimate the following opportunities for the City:
4,521 Buildings
$71M Additional Investment
10MW Solar
284 Extra Jobs
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Options/Alternatives:
Potentially, the EUA program could be run completely internally without the help of a
Third Party Administrator. This is not recommended due to the complexity of the
program, staff time required to get the program established, lost efficiencies from starting
from the ground up and lost support network. Further, a quick turn around on this is
required in order to get it set up so businesses can begin accessing the funds as soon as
possible.
The City could elect to not offer this service to businesses. Not offering the program
would cause no direct loss to the City itself, but would represent a lost opportunity to
local businesses and a lost opportunity to support and strengthen the local economy.
Timelines:
We would aim to have this in place before the end of financial year. It is a priority to
have this available as soon as possible in order for businesses that are affected by
electricity network tariff changes on 1 July 2016 to access capital to make improvements
to change their energy profile.
Risk Analysis:
Council is not liable for any unpaid Environmental Upgrade Charges (EUC)
The City will only be liable to pay the bank once a repayment is collected by the City.
In the event that the building owner ceases a EUC repayment, it is the responsibility of
the City to instigate their normal debt recovery procedures in accordance with council
enforcement procedures and powers conferred under the Local Government Act. If the
building owner becomes insolvent, unpaid EUCs will be considered equal to other rate
charges and assume priority over other debt on the property.
Council is not responsible for the eligibility of the proposed environmental upgrade works
The EUA legislation permits a wide range of projects with environmental and
sustainability benefits to be financed. Sustainable Melbourne Fund has developed
internal systems, processes and documentation to ensure the proposed works meet the
legislative requirements. Both the building owner and the lender are responsible to
ensure the loan is approved and used in accordance with the legislation.
The bank assesses the capacity of the borrower to pay the EUCs
The City will have no responsibility to check the building owners capacity to pay. This is
the full responsibility of the lender; each lender has differing project and credit
underwriting requirements.
The EUC remains with the building in case of sale
The outstanding charges can remain with the building and be transferred to the new
building owner if the building is sold. Alternatively, the new owner can request that the
vendor sell the property unencumbered by the charges and reach a commercial
agreement with the purchaser.
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External Consultation
The concept of EUAs was tabled at the 5 February 2016 Bendigo Manufacturing Group
meeting. The group were supportive in their comments and discussion of the program.
Internal Consultation
An internal presentation (9th December 2015) and subsequent meeting (29 January
2016) was conducted with participants from Rates, Finance, Contracts, Economic
Development and Sustainability Units with general support for providing EUAs as a tool
for local businesses.
Financial Cost to Council
SMF charge an annual fee to administer the program which is currently $5,000 p.a. SMF
have been able to secure grant funding that enables them to reduce the annual
administration fee payable by councils by 50%.
This is a year to year contract and can be terminated at the City's discretion.
recommended that the City would commit to the first two years as a pilot program.
It is
The City would apply a nominal administration fee of $50 per agreement payable by the
property owner, to cover the City's cost incurred to facilitate the program (including
establishment and processing of the additional rate notice covering the EUA charges).
Staff Resources
The following is a list of the different departments and corresponding tasks required to
facilitate the program:
Department
Greater Bendigo City Council
Executive Services
Records
Rating and Valuation Services
Activity
Pass resolution to offer EUAs in the
municipality.
Provide instrument of delegation to CEO (or
delegate) to sign EUAs.
Review and agree to template EUA form and
other template documentation.
Ad-hoc responses to legal queries regarding
the EUA template.
Confirm final documentation is in order prior to
execution by CEO SMF will provide
confirmation that in our opinion the
documentation is complete and accurate.
Store copy of the signed EUA for Council
records.
Confirm property exists in your municipality
and is used for non-residential purposes.
Levy Environmental Upgrade Charge (EUC)
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Department
Finance Unit
Economic Development Unit
Marketing & Media Unit
Activity
and issue EUC notice.
Collect quarterly EUC payments.
Provide Quarterly EUC payment summary.
Remit quarterly payments to Lenders.
Remit quarterly fees (any applicable) to
relevant parties.
Promote EUA through existing programs and
channel partners.
Conduct engagement and promotion with
relevant stakeholders.
Assist with development of marketing
collateral.
Actively seek media opportunities to promote
EUA success in the municipality.
Conclusion
EUAs are now being implemented across most of Australia with legislation recently being
passed by the Victorian Government.
EUAs open opportunities for businesses to gain access to lower interest rate funding to
undertake any improvements to a building that improves energy, water or waste
efficiency, or increases renewable energy available to existing business facilities. As
such, EUAs offer an excellent opportunity for Council to support local businesses to
reduce operating costs and to create efficiencies. EUAs also support the wider local
economy by creating jobs, improving the asset value of the commercial building stock,
and reducing the region's ecological footprint.
The reduced cost of capital as well as 100% project finance is especially important for
regional businesses that need to make capital improvements in response to the
consistent increases in electricity network costs (with further increases due 1 July 2016).
Attachments
1. Case Study 1 - Small project for light and solar upgrade for a warehouse. Loan
amount of $17,409.
2. Case Study 2 - Large project for cooling tower, chiller, digital building control
system). Loan amount $3,200,000.
3. Cost and Benefits for Local Businesses.
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RECOMMENDATION
That Greater Bendigo City Council resolve to:
1. Offer Environmental Upgrade Agreements to Greater Bendigo businesses on a trial
basis for 2 years.
2. Enter into an agreement with Sustainable Melbourne Fund for $5,000 p.a. for a 2
year period for administration of the agreements.
3. Apply a $50 fee per agreement payable by the property owner to cover the City's
costs incurred in administering the Environmental Upgrade charges.
4. Grant delegation to the Chief Executive Officer to sign Environmental Upgrade
Agreements on behalf of Greater Bendigo City Council.
PAGE 73
Leadership and Good Governance - Reports
6.
LEADERSHIP AND GOOD GOVERNANCE
6.1
COUNCILLOR CONDUCT PANEL
Author/
Responsible
Officer
Peter Davies, Manager Executive Services
Summary/Purpose
The purpose of this report is to table the Report of the Councillor Conduct Panel.
Policy Context
Council demonstrates leadership in its decision to meet future needs and challenges.
An application for a Councillor Conduct Panel was made by Crs Chapman and Leach
under Sections 81B(1)(c), 81B(2) and 81B(3) of the Local Government Act with regard to
the conduct of Cr Cox.
Hearings were undertaken by the Conduct Panel in accordance with 81H and 81I of the
Local Government Act on Wednesday 3 February 2016.
The decision of the Panel was received by the Registrar and the parties to the Panel
Hearings on Monday 7 March 2016.
.
In accordance with Section 81M(2), the decision must be tabled at the next Ordinary
Meeting of Council and recorded in the Minutes of that meeting.
In accordance with Section 81M(1) of the Local Government Act, the Conduct Panel
must give a copy of the decision to:
(a)
(b)
(c)
the Council;
the parties to the matter;
the Minister.
If there is a finding of misconduct against a Councillor, the Panel may:

(a)
(b)
Reprimand that Councillor; or

direct the Councillor to make an apology in a form or manner determined by the
Panel; or
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(c)
direct the Councillor to take of leave of absence for a period specified by the
Panel, not exceeding two (2) months, commencing on a date specified by the
Panel.
Report
The copy of the Conduct Panel Decision is being given to Council by way of tabling the
report before this meeting of Council. A copy of the Decision has been made available
for each Councillor to read.
At the conclusion of the Panel process, the Conduct Panel Registrar must seal the
records of the Panel and provide them to the Chief Executive Officer. The records have
been provided to the A/CEO in a sealed container.
Council is required to meet the cost of the Councillor Conduct Panel and the cost of the
Panel Members time and expenses. The full cost is approximately $11,500. (The fee
for the Conduct Panel Chair is $850.00 per day and the Governance Member, $750.00
per day).
The cost this financial year for conduct-related matters is $25,648. Although not
quantified, there is also staff time associated with the role of the Council Officer who is
the Registrar for Conduct Panels and other administrative expenses. The budget for
these types of actions was $5,000.
Conclusion
The Council has no options other than to table the decision and make a record in the
Minutes to this effect, as this is a requirement of the Local Government Act under
Section 81M(2).
PROCEDURAL MOTION
That Council acknowledge the tabling of the Decision of the Councillor Conduct Panel
dated 7 March 2016 and that the tabling of the Decision be recorded in the Minutes of
the Meeting.
PAGE 75
6.2
INSERTION OF INTERNAL RESOLUTION PROCEDURE IN

COUNCILLOR CODE OF CONDUCT
Author
Peter Davies, Manager, Executive Services
Responsible
Officer
Darren Fuzzard, Acting Chief Executive Officer
Summary/Purpose
The purpose of this report is to advise the Council of the insertion of a new Internal
Resolution Procedure in the Councillor Code of Conduct in accordance with recent
changes to the Local Government Act 1989 (Principal Act) .
Policy Context
Council Plan Reference: Council demonstrates good governance and leadership.
The Local Government Amendment (Improved Governance) Act 2015 (amending Act)
came fully into operation on 1st March 2016.
The amending Act makes changes to the Local Government Act 1989, particularly in
relation to councillor conduct processes. These changes are intended to improve the
accountability of councillors. In particular, the changes seek to encourage improved
standards of behaviour in order to strengthen council governance.
These reforms were considered too important to wait for the overarching review of the
Principal Act which is currently underway to be completed.
While some changes have a lead-in time, such as the requirement to have an Election
Period Policy in place by 31st March 2016, other changes came into operation on 1st
March 2016 and are, therefore, currently in force.
The requirement for the Council to develop and maintain an internal resolution procedure
for the purposes of addressing an alleged contravention of the Councillor Code of
Conduct and for this procedure to be specified in the Code of Conduct itself is an
example of the latter.
Report
Section 18 of the amending Act inserts a new Division 1AB in Part 4 of the Principal Act
addressing the internal resolution procedure of Council.
PAGE 76
A new section 81AA specifically requires a council to develop and maintain an internal
resolution procedure for the purposes of addressing an alleged contravention of the
Councillor Code of Conduct by a councillor: s.81AA(1)
The internal resolution procedure of a council must be specified in the Councillor Code of
Conduct and incorporate any prescribed processes, including any application processes,
and provide for the selection of an arbiter who is suitably independent and able to carry
out the role of arbiter fairly: s.81AA(2)
The arbiter is expected to undertake the conduct of any internal resolution procedure
and must consider applications alleging a contravention of the Councillor Code of
Conduct by a councillor, and make findings in relation to any application alleging a
contravention of the Councillor Code of Conduct which the arbiter must give to the
Council: s.81AA(2)(c) and (d).
Additionally, the arbiter must provide processes to ensure that parties affected by an
application alleging a contravention of the Councillor Code of Conduct are given an
opportunity to be heard by the arbiter, and both the Council and the councillor who is the
subject of an application made alleging a contravention of the Councillor Code of
Conduct are to be given written reasons for any findings made by the arbiter.
The attached Internal Resolution Procedure has been developed in accordance with the
new provisions in the Principal Act for insertion in the existing Councillor Code of
Conduct. The insertion is mandated by the Principal Act and does not require the
consent of the Council.
The purpose of this report is to advise the Council of this requirement and for Council to
acknowledge compliance with the Principal Act.
The Internal Resolution Procedure was discussed by Councillors at a Governance
Meeting and some suggestions by Councillors were included.
There are no resource implications in Council acknowledging the insertion of the new
Internal Resolution Procedure in the Councillor Code of Conduct.
It is unknown whether or not the process will have to be used, however, if the process is
used, the cost of the Arbiter and timeframes will be considerably less than a Conduct
Panel. If the matter is not resolved through an Arbiter and Council imposed sanctions,
the process could take longer and be more costly, with the overall package of measures
introduced by the State Government, it is likely that costs associated with breaches of
the Code of Conduct will be reduced.
Attachment
Internal Resolution Procedure
PAGE 77
RECOMMENDATION
That Council acknowledges the Internal Resolution Procedure and its inclusion in the
Councillor Code of Conduct in compliance with section 81AA(1) and (2)(a) of the Local
Government Act 1989.
PAGE 78
Internal Resolution Procedure

1. The internal resolution procedure applies where a councillor or group of councillors allege
a contravention of the Councillor Code of Conduct by a councillor.
2. The procedure is not intended to resolve differences in policy or decision making which
are appropriately resolved through discussion and voting in council meetings and
councillor forums.
3. Where a councillor or group of councillors allege a possible contravention of the
Councillor Code of Conduct that, on the face of it, appears to be frivolous, vindictive,
vexatious, unsubstantiated or based on a misunderstanding or unintentional act, such a
matter should be brought to the next Councillor Forum for discussion with a view to
clarifying the issue forming the basis of the allegation and, if possible, early resolution of
the matter.
Where a councillor or group of councillors allege a contravention of the Councillor Code of
Conduct by a councillor, the allegation is to be made to the Principal Conduct Officer with
a request that the Internal Resolution Procedure be activated.
4. If appropriate, and with the consent of the parties, the Principal Conduct Officer will
arrange for a formal mediation by a suitably qualified and experienced external mediator
who is agreeable to both parties.
5. The mediator will arrange for an expeditious hearing of the matter and the parties
concerned will act in good faith in an endeavour to reach a satisfactory resolution and, to
this end, all councillors agree to co-operate with the resolution process.
6. The mediator will provide a written report of the outcome of the mediation to the
Principal Conduct Officer.
7. If mediation fails or is not reasonable to be held into circumstances, an arbiter who is
suitably independent and able to carry out the role of arbiter fairly is to be appointed.
8. The arbiter must
(a)
consider applications alleging a contravention of the Councillor Code of Conduct by a

councillor;
(b)
ensure that parties affected by an application alleging a contravention of the

Councillor Code of Conduct are given an opportunity to be heard by the arbiter;
(c)
make findings in relation to any application alleging a contravention of the Councillor

Code of Conduct;
PAGE 79
(d)
provide a written report to the Council which will be in two parts: the first part will
contain the findings and decision in respect of the application; and the second part,
which will be confidential, will give written reasons for any findings made; and
(e)
provide the councillor, who is the subject of any application alleging a contravention
of the Councillor Code of Conduct, with a full copy of the report.
9. Given that the role of the arbiter will require assessing evidence, applying the principles of
natural justice and writing decisions or judgments based on findings of fact, the Principal
Conduct Officer will select an arbiter who is a suitably qualified, independent and
experienced legal practitioner.
Note: Mediation would not be held if there was no willingness on the part of the
Councillors involved to resolve the matter and in circumstances where the breach
of the Code of Conduct does not involve another party.
PAGE 80
6.3
PROGRESS REPORT: INDEPENDENT REVIEW IMPLEMENTATION
Author
Peter Hargreaves, Project Coordinator, Independent Review

Implementation
Responsible Darren Fuzzard, Acting 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
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, 4 November and 16 December 2015 and 10 February 2016.
Summary of progress
Implementation of the Review recommendations has been underway since August 2013.
The number of completed recommendations stands at 57. This includes eight of those
nominated by Councillors as their top 10 priorities.
PAGE 81
Work is progressing on 12 recommendations yet to be acknowledged by Council as

completed.
Recommendations still in progress

1 Implementation/communication
10 Performance management
11 Consolidation of Council offices
23 & 24 Closing the loop on customer enquiries and complaints
27 Asset management plans
29 Training in use of community engagement toolkit and
guidelines
37 Develop community engagement toolkit
46 - Community engagement officer
47 RAP/Cultural Diversity Strategy
56 Councillor research officer
57 Review policies and training relating to bullying and
harassment
Status
In progress
In progress
Under consideration
In progress
Advanced
Under consideration
In progress
Under consideration
In progress
Under consideration
In progress
Report
Notable Progress
Progress continues on the remaining 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
In 2013 Council set a target to respond to all 69 recommendations within the life of
this Council and accordingly the organisation has set an effective deadline of 30 June
2016.
Plans are in place for a final report to the community on implementation of the Review
to be presented to Council on 13 July 2016.
This report will examine all 69 recommendations, what has been achieved and the
overall benefit to the community in terms of savings, efficiencies or
service/process/systems improvements.
Recommendation 10 Performance Management
Implement a performance management:
-Framework
-Change management plan; and
-an information technology software system
which is capable of facilitating performance management for all levels of the
organisation (CoGB, Directorate, Business Unit and individuals).
PAGE 82
Action
As previously reported this project has moved into the final stage of implementation
and a new employee performance and development framework is being
implemented.
Approximately 210 individual performance and development plans are now in place,
not including a number of paper based plans for work areas where staff do not have
access to computers.
The aim is to have plans in place for all employees by June 30, 2016.
Recommendations 23 & 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.
Background
The number of customer contacts received, processed and actioned by the City of
Greater Bendigo staff in a year is significant.
Email contacts into and from the organisation are estimated to total almost 1.46M a
year.
Phone calls to and from the organisation total more than 1.3M per year.
By comparison the number of customer contacts/requests/complaints logged through
the Customer Request System totalled 31,867 for 2015.
Action
Councillors were briefed on progress with these recommendations on 24 February
including improvements so far and actions in the pipeline.
For example, improvements so far have included the following:Actions relating to closing the loop and improving response times:
The Customer Request System underwent a number of improvements including
new steps to prevent an item being closed until staff report back to a customer on
the outcome of the request/complaint.
The launch of Community Compass - an online self-help mapping service designed to
simplify residents access to Council information.
The introduction of the Customer Service Citywatch mobile App to allow
customers to log requests via their mobile devices.
PAGE 83
The introduction of Webchat, an additional contact method which allows members of

the public to talk with customer service agents and discuss enquiries/complaints online in real time.
The progressive implementation of calling cards as a method of closing the loop on
requests with customers in appropriate situations (e.g. bin maintenance, street tree
maintenance).
New methods for monitoring and reporting on the organisations performance in
closing the loop at individual, unit, directorate and organisation level.
Actions related to better tracking across various systems, including:
A new single system for tracking and responding to enquiries/complaints regardless
of how they come to the organisation e.g., email, letter, front counters and face to
face, website, social media, customer service App, community meeting, phone etc.
Further actions:
A number of other actions have been developed to continue to improve standards of
closing the loop and timeliness of responses.
These include:
A revised Complaint Handling Policy and Procedure will be presented to Councillors
in April. The new Policy and Procedure is based on a model prepared specifically for
local government by the Victorian Ombudsman.
An overhaul of the website is currently underway. It will become mobile-friendly with a
focus on making information easier for customers to access. Self-serve options will
also be introduced, such as the ability to log requests, complete forms and make
payments. Further, the framework will have the flexibility of continued improvement
to allow the organisation to respond to advances in technology in future.
Improved and expanded staff training in customer service and the handling of
enquiries/complaints.
Enhancement to the Customer Service App to allow officers to enter new requests
and search existing requests from mobile devices in the field,
The introduction of a new complaint category which will allow members of the public
to lodge complaints about the handling of an existing complaint/enquiry along with
associated staff training will be finalised by May 2016 and is expected to finalise the
actions associated with this recommendation.
Recommendation 27 Asset Management Plans
Finalise Asset Management Plans for the following assets:
PAGE 84
- Roads - sealed/unsealed roads, footpaths, kerb and channel, street furniture, urban
street trees
- Bridge 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 is progressing on the preparation of nine asset management plans, with
associated financial projections, covering:
General roads
Sealed roads
Unsealed roads
Bridges
Pathways
Buildings
Stormwater drainage
Play spaces
Parks and Reserves
Plant and equipment
As previously reported the plans are expected to be completed by 30 June 2016.
Other strategies are already in place for the planned management and replacement
of waste disposal systems, plant, fleet, equipment, office systems and street trees,
and therefore there is no need for asset management plans for these categories.
Recommendations 29 & 37 Community Engagement
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.
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.
PAGE 85
Action
As previously reported to Council the Community Engagement Policy, Guidelines and
Toolkit has been reviewed and updated. The main change is to incorporate the
principles of good community engagement adopted by Council last year. A simple
ready reckoner which provides guidance in deciding whether community engagement
is needed or relevant, and choosing the appropriate method of engagement to fit the
task or project has also been developed. It is currently being tested.
The revised policy is expected to be presented to Council for adoption on 13 April
2016.
Recommendation 55 Continual improvement
Implement a formal organisation-wide continual improvement program
Action
Council signed off on this recommendation in August 2015, resolving to proceed
instead with a structured program of on-going service reviews across the
organisation. Councillors were briefed on the governance framework adopted for
the service review program in December 2015 and a scheduler of reviews was due
to be formalised by March 2016.
The Executive Management Team is working on a draft schedule of reviews to be
presented to Councillors in April, when the Chief Executive Officer returns from
leave.
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.
PAGE 86
RECOMMENDATION
That Greater Bendigo City Council:
a) Acknowledge progress on Recommendations 1 (Implementation and
Communication), 10 (Performance Management), 23 & 24 (Closing the Loop), 27
(Asset Management Plans), 29 & 37 (Community Engagement) and 55 (Service
Reviews);
b) Inform the community of this progress.
PAGE 87
6.4
RECORD OF ASSEMBLIES
Author
Peter Davies, Manager Executive Services
Responsible
Officer
Darren Fuzzard, Acting 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
Council demonstrates leadership in its decisions to meet future needs and challenges.
The Local Government Act provides a definition of an assembly of Councillors where
conflicts of interest must be disclosed.
A meeting will be an assembly of Councillors if it considers matters that are likely to be
the subject of a Council decision, or, the exercise of a Council delegation and the
meeting is:
1.
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.
PAGE 88
Report
Meeting Information
Meeting
Consultation meeting
Name/Type
Meeting Date
2 February 2016
Matters discussed Planning application DC/643/2015
286-292 Napier Street, BENDIGO
Four storey extension to existing motel and function centre,
increase in the licensed premises area, alteration of access to
a Road Zone, Category 1 and reduction in car parking
requirement
Attendees/Apologies
Councillors
Cr Peter Cox
Cr James Williams
Cr Lisa Ruffell
Staff/
Chris Duckett
Community
Applicant
Representatives
Objectors
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil
Councillor/officer left
meeting
Meeting Information
Meeting
Consultation meeting
Name/Type
Meeting Date
25 January 2016
Matters discussed Planning application DR/690/2015
66 Kirkwood Road, EAGLEHAWK
Construction of second dwelling on a lot (two storey) and
removal of vegetation
Attendees/Apologies
Councillors
Cr James Williams
Cr Peter Cox
Staff/
Lachlan Forsyth
Community
Applicant
Representatives
Objectors
No.
Nil
PAGE 89
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
Meeting Information
Farming Advisory Committee
24 November 2015
1. Presentation on Regional Food Hub
2. Public liability insurance
3. Rural Communities Strategy
4. Drought support/dry conditions
5. Member updates
Attendees/Apologies
Councillors
Cr James Williams
Apologies:
Cr Rod Campbell
Staff/
Ms Jenny Pendlebury
Community
Mr Steven Abbott
Representatives
Mr Matthew Kerlin/
Mr John Scott
Mr Jim Long
Mr Michael Crapper
Mr Maurie Sharkey
Mr Martin Szakal
Apologies:
Ms Deb Simpson
Mr Trevor Budge/
Mr Craig Sharam
Mr Alan Stevens
M/S Courtney Smith
Mr Rod Luke
Mr Ross McKinstry
No.
Nil
PAGE 90
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
Meeting Information
Councillors' Forum
17 February 2016
1. Meeting with Greenaway representatives
2. Round 3 of National Stronger Regions' funding
3. Ward meeting and community plan meeting
4. Permits under delegation
5. Cost-shifting and climate change reports
6. Phoenix-FM
7. 'Scarf-up for Scouting'
8. Hargreaves Mall shelter
9. Tuck-pointing at the QEO grandstand
10. Hopley VCAT hearing
11. New musical
12. Kangaroo culling
13. V/Line land, Elmore
14. Future Employment Opportunities/Recycling Shop
15. Meeting with the Dja Dja Wurrung Board
16. Citizens' Juries/Panels
17. Outdoor dining
Attendees/Apologies
Councillors
Cr Rod Fyffe
Cr Rod Campbell
Cr Elise Chapman
Cr Peter Cox
Cr Helen Leach
Cr Barry Lyons
Cr Lisa Ruffell
Cr Mark Weragoda
Cr James Williams
Staff/
Mr Craig Niemann
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Ms Prue Mansfield
Ms Pauline Gordon
Mr Pat Jess
Mr Peter Davies
Mrs Alison Campbell
No.
14.
Cr Cox
PAGE 91
meeting
Yes
Meeting
Name/Type
Meeting Date
Matters discussed
Meeting Information
Finance Committee
17 February 2016
1. Minutes of previous meeting
2. Financial Management Report
3. General Debtors
4. Defined Benefits Superannuation
5. Capital Works
6. Mid-Year Budget Review
Attendees/Apologies
Councillors
Cr Rod Fyffe
Cr Rod Campbell
Cr Elise Chapman
Cr Peter Cox
Cr Helen Leach
Cr Barry Lyons
Cr Lisa Ruffell
Cr Mark Weragoda
Cr James Williams
Staff/
Mr Craig Niemann
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Ms Prue Mansfield
Ms Pauline Gordon
Mr Pat Jess
Mr Peter Davies
Mr Travis Harling
Mrs Alison Campbell
No.
3. (part) Cr Cox
6. (part) Cr Chapman
PAGE 92
meeting
No
Yes
Meeting
Name/Type
Meeting Date
Matters discussed
Meeting Information
Councillors' Forum
24 February 2016
1. Bendigo Heritage Attractions
2. Planning matters and draft Ordinary Agenda review
3. Residential Strategy
4. Waste Group governance
5. Cost of the Election
6. Screens in the Hargreaves Mall
7. Confirmation of Minutes
8. Agenda planning
9. Community Engagement Toolkit
10. 'Uncle Sam' image
11. Sponsorship of Phoenix-FM
12. Marong Business Park
13. Kangaroo pet food trial
14. Mitchell Street
15. Support from the Federal Government
16. Wolstencroft Reserve
17. Ulumbarra Theatre
18. White Night
19. National Stronger Regions' funding
20. Outdoor dining
21. Citizens' Jury
22. Presentation by Eaglehawk Recycle Shop Incorporated
23. Municipal Early Years Plan
24. Closing the Loop
25. Forward Agenda
26. Traffic - Strathfieldsaye Road
27. Train transport for the Marilyn Exhibition
Attendees/Apologies
Councillors
Cr Rod Fyffe
Cr Peter Cox
Cr Rod Campbell
Cr Elise Chapman
Cr Helen Leach
Cr Barry Lyons
Cr Mark Weragoda
Cr James Williams
Apology:
Cr Lisa Ruffell
Staff/
Mr Craig Niemann
Community
Mr Darren Fuzzard
Representatives
Ms Kerryn Ellis
Ms Prue Mansfield
Ms Pauline Gordon
Mr Pat Jess
Mr Peter Davies
PAGE 93
Mrs Alison Campbell

No.
3.
Cr Chapman
22.
Cr Cox
meeting
Yes
Yes
(part)
RECOMMENDATION
That Council endorse the record of assemblies of Councillors as outlined in this report.
PAGE 94
6.5
CONTRACTS AWARDED UNDER DELEGATION
Author
Lee Taig, Contract Support Administrator, Contract & Project

Coordination Unit
Responsible Kerryn Ellis, Director Organisation Support

Director
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
Reece Australia Pty Ltd

Iplex Pipelines
Cubic Solutions Pty Ltd
Schedule of
Rates
Darren Fuzzard
Date Signed
Service Contracts
CT000193
Provision of Various
PVC, HDPE, HDPP or
Similar Material Pipe
Sections
03/02/2016
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$150,000.00 also for any other capital projects who require these products
RECOMMENDATION
That the contracts awarded under delegation, as outlined in this report, be acknowledged
by Council.
PAGE 95
7.
URGENT BUSINESS
Nil.
8.
NOTICES OF MOTION
Nil.
9.
COUNCILLORS' REPORTS
10.
MAYOR'S REPORT
11.
ACTING CHIEF EXECUTIVE OFFICER'S REPORT
12.
CONFIDENTIAL (SECTION 89) REPORTS
12.1
Confidential Report in accordance with Section 89(2)(e) and of the

Local Government Act 1989, relating to a proposed development.
12.2
Confidential Report in accordance with Section 89(2)(h) of the Local

Government Act 1989, relating to any other matter which the
Council or Special Committee considers would prejudice the
Council or any person.
RECOMMENDATION
That the meeting be closed to the public to consider a report in accordance with Section
89(2)(e) and (h) of the Local Government 1989, as amended, relating to a proposed
development and any other matter which the Council or Special Committee considers
would prejudice the Council or any person.
PAGE 96

Council Agenda 23 March 2016

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AGENDA

Ordinary Meeting of Council

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

Transparency - Information about Council decisions is readily available and easily

Planning for Growth

Presentation and Vibrancy

Leadership and Good Governance

SUSPENSION OF STANDING ORDERS

ACKNOWLEDGEMENT OF COUNCILLORS WHO HAVE RECENTLY

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

DECLARATIONS OF CONFLICT OF INTEREST

PETITIONS AND JOINT LETTERS

Petition: Nevinson and McKinnons Road, Lockwood

PLANNING FOR GROWTH

Planning Scheme Amendment C213 - Eaglehawk

68 Lily Street, Bendigo - Demolish Existing Dwelling and

Submission to the Managing Residential Development

Declaration of Special Charge Scheme for Drainage Works

PRESENTATION AND VIBRANCY

Environmental Upgrade Agreements

LEADERSHIP AND GOOD GOVERNANCE

Councillor Conduct Panel

Insertion of Internal Resolution Procedure in Councillor

Progress Report: Independent Review Implementation

Contracts Awarded Under Delegation

ACTING CHIEF EXECUTIVE OFFICER'S REPORT

CONFIDENTIAL (SECTION 89) REPORTS

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

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

Ordinary Meeting - 23 March 2016

Acknowledgement of Councillors who have recently graduated

PUBLIC QUESTION TIME

Ordinary Meeting - 23 March 2016

RESUMPTION OF STANDING ORDERS

Ordinary Meeting - 23 March 2016

DECLARATIONS OF CONFLICT OF INTEREST

direct financial interest

Ordinary Meeting - 23 March 2016

Ordinary Meeting - 23 March 2016

PETITIONS AND JOINT LETTERS

PETITION: NEVINSON AND MCKINNONS ROAD, LOCKWOOD

"NEVINSON ROAD AND MCKINNONS ROAD LOCKWOOD is mainly still gravel.

Ordinary Meeting - 23 March 2016

Planning for Growth - Reports

Ordinary Meeting - 23 March 2016

PLANNING FOR GROWTH

PLANNING SCHEME AMENDMENT C213 - EAGLEHAWK

Morgan James, Planner Amendments

Prue Mansfield, Director Planning & Development

The Amendment implements the Eaglehawk Structure Plan,

City of Greater Bendigo - Planning & Development

11 supporting or requesting minor changes ( including 2 late

Council adopt the recommendations detailed for each of the

Heritage and vegetation management

Planning for Growth - Reports

Ordinary Meeting - 23 March 2016

Council decides whether to seek

Public Exhibition of Amendment

Council decides to Adopt or

Send to Minister for Approval

Planning for Growth - Reports

Ordinary Meeting - 23 March 2016

* Broadcast live on Phoenix FM 106.7 *